For this week’s Guest Post Friday here at Musings, we welcome back John Tarley. John is an attorney with the Williamsburg law firm of Tarley Robinson, PLC. John is the managing partner for the firm and leads the firm’s business and litigation practices. A large part of the firm’s practice involves homeowners’ associations, as the firm represents associations throughout Virginia. In his spare time, John teaches two classes a semester as an adjunct at the William & Mary Law School, serves as the 9th Judicial Circuit’s representative on the Virginia State Bar Council where he serves as Vice-Chair of the Budget and Finance Committee and as a faculty member for the Virginia State Bar’s Professionalism Court, was appointed the Assistant Commissioner of Accounts for Williamsburg/James City County, and is the editor of the Tarley Robinson blog and the @TarleyRobinson twitter account.
Previously, Chris gave me the opportunity to write about the “The Power and Complexity of the Community Association Lien” in which I wrote about this “powerful tool for community associations to collect dues and assessments.” I mentioned in that post that once the Association’s lien is properly perfected, “the property owners’ association (or the unit owners’ association, in a condominium) may conduct a nonjudicial foreclosure sale.”
In the 2014 General Assembly session, many legislators spoke out against pending legislation, warning that HOAs were just looking for reasons to foreclose upon unaware homeowners. Conversely, attorney and Senator Tommy Norment responded to those scare tactics stating that “he’s never seen a homeowner or condominium association push a fine to foreclosure.” Who’s right?
