Review of 2009 Court Cases Regarding Community Living

A list of case listings on community living and the archived summaries can be found here:

Before you say hello to the New Year, say goodbye to the old one with the Community Association Law Reporter 2009 Index, which features alphabetical listings of all cases in Law Reporter in the last year, with case citations classified by subject.

Driving on Ice

Weather.com has excellent tips on driving in icy conditions. Their best advice for driving in bad winter weather is not to drive at all, if you can avoid it.

Winter Safety Reminders

As snow contractors continue the ongoing job of removing snow and ice from sidewalks, roadways and parking lots, please remember that the weather will continue to be harsh this week. With freezing temperatures and sleet expected throughout the week, please remember the following:

Add the following supplies to your disaster supplies kit:

• Rock salt to melt ice on walkways
• Sand to improve traction
• Snow shovels and other snow removal equipment.

Prepare your car

• Check or have a mechanic check the following items on your car:
• Antifreeze levels - ensure they are sufficient to avoid freezing.
• Battery and ignition system - should be in top condition and battery terminals should be clean.
• Brakes - check for wear and fluid levels.
• Exhaust system - check for leaks and crimped pipes andrepair or replace as necessary. Carbon monoxide is deadly and usually gives no warning.
• Fuel and air filters - replace and keep water out of the system by using additives and maintaining a full tank of gas.
• Heater and defroster - ensure they work properly.
• Lights and flashing hazard lights - check for serviceability.
• Oil - check for level and weight. Heavier oils congeal more at low temperatures and do not lubricate as well.
• Thermostat - ensure it works properly.
• Windshield wiper equipment - repair any problems and maintain proper washer fluid level.
• Install good winter tires. Make sure the tires have adequate tread. All-weather radials are usually adequate for most winter conditions. However, some jurisdictions require that to drive on their roads, vehicles must be equipped with chains or snow tires with studs.
• Maintain at least a half tank of gas during the winter season.

Place a winter emergency kit in each car that includes:

• a shovel
• windshield scraper and small broom
• flashlight
• battery powered radio
• extra batteries
• water
• snack food
• matches
• extra hats, socks and mittens
• First aid kit with pocket knife
• Necessary medications
• blanket(s)
• tow chain or rope
• road salt and sand
• booster cables
• emergency flares
• fluorescent distress flag

Dress for the Weather

• Wear several layers of loose fitting, lightweight, warm clothing rather than one layer of heavy clothing. The outer garments should be tightly woven and water repellent.
• Wear mittens, which are warmer than gloves.
• Wear a hat.
• Cover your mouth with a scarf to protect your lungs.

Winter Storm Warning Issued for DC Metro Area

The National Weather Service has issued a Winter Storm Warning for the Washington, D.C. metropolitan area, including the City of Alexandria. The warning is in effect beginning 12 a.m. on Saturday through 6 a.m. on Sunday.

Snow is expected to begin after midnight tonight, and continue through Saturday evening. Accumulations of five to ten inches are possible. Temperatures will range from the upper 20s to the lower 30s, with winds from 10 to 20 miles per hour. A Winter Storm Warning means that significant snowfall is likely to occur, which could cause travel difficulties.

The City urges residents to be prepared for slippery road conditions and limited visibility. Vehicles parked on snow emergency routes should be moved to alternate locations so crews can effectively clear snow from the roads. City crews are standing by to respond as the storm moves through the area. To report a weather-related road condition, or report potholes, please call 703.746.4488.

Residents and business owners should maintain an adequate supply of shovels, salt or sand for their sidewalks and driveways. The City Code states that driveways and entrances are the responsibility of the residential owner, occupant, community association, or business for snow removal. Snow and ice should be cleared from the paved sidewalk in front of, or abutting, property within 24 hours of the end of the snowfall. Snow should be cleared around fire hydrants and storm drains. Snow should not be shoveled into the sidewalk or street. According to City Code, if snow is not properly cleared, the City could charge a fine for snow removal services.

Volunteer “Snow Buddies” are available to assist those who need help clearing snow, but residents must sign up in advance by calling 703.746.4800. If you would like to volunteer to become a Snow Buddy, please call Volunteer Alexandria at 703.836.2176.

Executive Session

Can votes be taken in executive session?

Yes, the only restriction on executive session is that the proceedings are secret.

Annual Meeting Season

With Annual meetings comes proxies. In many scenarios, the question of should a proxy be counted is posed.

What is a proxy anyway...? A "proxy" is a means by which a condo or HOA unit owners who expects to be absent from the Annual meeting authorizes someone else to act in his or her place at the meeting, either by voting for them or by participating through quorum only.

Quroum only means that the unit owner is "present" for the purpose of meeting quorum, or the required level of unit owner participation required before business can legally be conducted.

When a proxy is for quorum purposes only, they are only tabulated on the sign in sheet.

When a person gives their proxy to a specific person or to the Board of Directors, that person or Board has the right to vote on behalf of the absent person.

When should a proxy be counted or put aside? Simple answer is that it depends on how the bylaws read. Generally speaking, if a proxy is legible, witnessed (if required) and does not choose more than one option, it can be counted. When in doubt, ask your legal counsel.

Did you know?

75.3 million housing units were owner-occupied in the third quarter of 2009. This is lower than the peak number of owner-occupied units, 75.9 million, reached in 2006, but the number has stabilized after a general decline in 2007 and 2008.