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Articles

COPYRIGHT LAW FOR COMMUNITY ASSOCIATIONS

Vandeventer Black 08/21/2017

A common issue that community associations encounter is the proper use of copyrighted material.  Whenever an association shows a movie or plays music at a common element/area location within the community, it most likely is using material that is protected by copyright law.  If the association has not obtained a license allowing it to use… Read more »

TOP REASONS TO AMEND A COMMUNITY ASSOCIATION’S GOVERNING DOCUMENTS

Vandeventer Black 08/20/2017

Whether your community’s documents are relatively new or have been recorded for several decades, this article is intended to provide a basis for determining why amendments should be considered.  Governing documents generally include the Declaration (or Master Deed for condominiums created under the Horizontal Property Act), Articles of Incorporation (for associations that are incorporated), Bylaws,… Read more »

A CORPORATE FORMALITY WITH SIGNIFICANT IMPLICATIONS – CAREFULLY SELECT YOUR COMMUNITY ASSOCIATION’S REGISTERED AGENT

Vandeventer Black 08/19/2017

Virginia law related to registered agents is deceptively simple: Every corporation authorized to transact business in Virginia (including incorporated community associations) are required to maintain a registered office and a registered agent within the state; Registered agents in Virginia have only one statutory duty – to forward to the business entity at its last known… Read more »

MAINTAINING COMPANY MINUTES

Vandeventer Black 08/11/2017

“An Ounce of Prevention is Better Than a Pound of Cure” Many who organize small businesses, such as corporations or limited liability companies, assume that the benefits of such entities are absolute.  However, these benefits are not maintenance-free. Once your company is formed, it is easy to go back to business as usual and forget to… Read more »

EXISTING CASELAW THAT HONORS U.S. CHOICE OF LAW CLAUSES IN INTERNATIONAL CONTRACTS IS LEFT UNDISTURBED BY SUPREME COURT

Vandeventer Black 08/05/2017

Since the 1970s, courts have generally recognized the choice of law and forum provisions contained in contracts between international parties.  In some contexts, however, a party will challenge a choice of law provision as unenforceable for reasons of fairness, or because to enforce the clause would conflict with existing law.  Recently, the issue has been… Read more »

WHY CONTRACT RELATIONSHIPS ARE JUST AS IMPORTANT AS THE TERMS OF CONTRACTS THEMSELVES IN A CONSTRUCTION DISPUTE

Vandeventer Black 08/02/2017

If you are a contractor in Virginia, you may have heard of the “economic loss rule.”  This legal rule helps preserve a distinction between contract law and tort negligence.  Contract law upholds agreements made between parties, and Virginia courts value the terms of the parties’ agreement.  For example, if a project owner hires you to… Read more »

MECHANIC’S LIENS: SMALL MISTAKES CAN HAVE LARGE CONSEQUENCES

Vandeventer Black 07/12/2017

Virginia’s mechanic’s lien process provides potential added security for contractors. A properly perfected mechanic’s lien provides for a secured interest respecting the property’s improvement, which can provide a means of recovery for non-payment that contractors otherwise would not have to secure payment for contract breach claims. Virginia’s code suggests that the mechanic’s lien filing process… Read more »

SUCCESSION PLANNING: KEEPING WHAT YOU BUILT POSITIVELY MOVING FORWARD

Vandeventer Black 07/03/2017

The old saying, often attributed to Benjamin Franklin, is that “nothing is certain except death and taxes.” Established companies suffer similar certainties, and succession planning is one way to identify and develop company leaders who can avoid company struggles in advance of adverse events. There are many reasons to consider succession planning; foremost being the… Read more »

RECENT CHANGES TO VIRGINIA’S SWAM REGULATIONS

Vandeventer Black 06/22/2017

(“SWaM”) program, operated by the Department of Small Business and Supplier Diversity (“SBSD”), went into effect. The following changes to the SWaM regulations expand the rights of individuals seeking to qualify for and maintain SWaM status. Those changes include: 1.       Subsidiary Ownership of SWaM Entities: SWaM eligibility requires that qualifying individuals directly own and control at least… Read more »