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Pest Control, Towing of Vehicles, New swimming pool regulation in Virginia Beach

Dear Board Members and Managers:

It’s a good time to talk about laws which seem to relate to the season we have entered. We want to alert you to laws on the following topics: pest control, towing and swimming pools.

Pest Control: There is a statute in the Virginia Condominium Act that requires pest companies to give 48 hours’ notice by posting the notice in a conspicuous location before applying the chemical(s). We recommend that you print a copy of the attached state statute and send it to your pest control vendors.

Towing of vehicles: We have been engaged numerous time when vehicles are towed from associations. Frequently the towed owner either threatens suit or actually files suit for damages when towed in a manner he or she feels is illegal. There are strict rules in each city as to what must be stated on the signage that announces that towing is going to occur for improper use of parking spaces. You should consult the code in each City to insure that you are in compliance. We are glad to assist you with that research. Failure to abide by it can result in lawsuits that are costly to the association. We are considering having a session along with a towing company owner to discuss this topic. Please let us know if that would be of interest to you.

New swimming pool regulation in Virginia Beach: We have learned of a new amendment to the swimming pool ordinance. The ordinance now requires a baby changing station to be installed in or very close to the restroom facilities. We have discussed this with our contact at the Virginia Beach Health Department. This requirement stems from reports of frequent baby changing in close proximity to the pool.

Complaint Procedure Reminder

Additionally we want to remind you that you are required under state statute to have a Complaint Procedure so that owners have a process to follow in the event an owner has a compliant about another owner or the board. We have written a number of these for clients. The Office the Community Association Ombudsman is not going to help an owner who has not been through the procedures put in place by his association, but if no procedure is in place then the Common Interest Community Board is going to put the association on notice to have the Complaint Procedure in place ASAP or face sanctions. It is not difficult to get this done and we urge you to do so immediately.

Please let us know if we can be of assistance to you in any of these areas.

Should you have questions about the above information please do not hesitate to email us or give us a call.

The Community Associations Law Team
Michael A. Inman
Jeanne S. Lauer
Gregory J. Montero