Let it snow, let is snow, let is snow!

National Weather Service reports the Winter Weather Advisory remains for the Metropolitan Area (including District of Columbia) until 9:00 PM. Snow accumulation 1 to 3 inches and chance of snow is 100 percent. Expecting to end between 7 to 9:00 PM. Today highs in the upper 20s and tonight in the lower 20s.

The District Department of Transportation reminds drivers to:

*Clear all the snow and ice from your vehicle's windows and lights - even the hood and roof - before driving.
*Drive with headlights on, clear wiper blades and stay on main roads.
*Be aware of road conditions, particularly black ice.

Stay tuned for more snow and ice info.

Alexandria Fire Department Joins “Put a FREEZE on Winter Fires” Campaign

The Alexandria Fire Department has joined with the United States fire Administration (USFA) and National Fire Protection Association (NFPA) who are working together to remind everyone that home fires are more prevalent in winter than in any other season. This is due in part to an increase in cooking and heating fires nationwide. Holiday decorations and winter storms that can interrupt electrical service and cause people to turn to alternative heating sources also contribute to the increased risk of fire in winter. Winter fires can be prevented! Learn more about maintaining a fire-safe home this winter season at http://alexandriava.gov/fire/info/news_firedisplay.aspx?id=42304

Rights and Responsibilities for Better Communities

Excellent information from Community Association Institute for homeowners and community leaders on their rights and responsibilities. Check out this link!

Alexandria Police Offer Holiday Safety Tips

The holidays are a time when thieves are frequently on the prowl. Here are some safety tips to help keep your home, your car, your possessions and your family safe during the holiday season.
Before you leave home:
• Women should carry their purses close to their body at all times. Men should have their wallet in a front pocket.
• Take only one or two credit cards and avoid carrying large amounts of cash to minimize your loss if robbed.
• Use caution when posting status updates on social media websites that you won’t be home during the holidays or that you are going to be away from the house shopping.
Staying Safe While Shopping:
• Park in a well lit area as close to the entrance as possible. Lock your car and take your keys with you.
• Place purchases in the trunk of your car so they are out of sight.
• Always remain aware of your surroundings and visually scan the parking lot for suspicious activities or persons.
• Never leave your purse or purchases unattended.
• Avoid dark and/or isolated areas. If unavoidable, ask security to escort you to your vehicle.
• Have your keys in hand so that you are not searching for them once you reach your car.
• As you approach, check around, under and inside your car, to make sure no one is hiding.
• Enter your car and immediately lock the doors behind you.
Keeping Your Home Safe:
• Avoid displaying gifts where they can be seen from a window or doorway.
• Arrange to have packages delivered to a neighbor if you are not home and avoid leaving packages on your doorsteps or porches.
• Dispose of packaging discreetly. Criminals observe discarded product packaging of enticing items and then target you or your home for their next burglary or theft.
• Always lock your doors and windows, even if you are only gone for a few minutes.
Always remember the Police Department is here to serve and protect you. If at any time you observe suspicious activity, please call 703.838.4444 to report the incident.

Recall of Specific GE Profile and GE Monogram Dishwashers Due to Fire Hazard

Recall of Specific GE Profile and GE Monogram Dishwashers Due to Fire Hazard [Based on Consumer Product Safety Commission News Release, at: http://www.cpsc.gov/cpscpub/prerel/prhtml11/11022.html ] General Electric is recalling GE Profile dishwashers manufactured between July 2003 and December 2005 and GE Monogram dishwashers manufactured between January 2004 and December 2006. The hazard is that water condensation can drip onto the electronic control board, causing a short circuit and resulting in an overheated connector, forming a fire hazard. The units were sold in white, black, bisque, stainless steel and with custom panels. The model and serial numbers are located on the inside on the front left side of the dishwasher tubs. The models and serial numbers involved in the recall are shown at the web site cited above.

Consumers should immediately stop using the recalled dishwashers, disconnect the electric supply by shutting off the fuse or circuit breaker controlling it and inform all users of the dishwasher about the risk of fire. Contact GE for a free in-home repair or to receive a GE rebate of $200 for the purchase of a new GE Profile dishwasher and a GE rebate of $400 for purchase of a new GE Monogram dishwasher. For additional information, contact GE toll-free at 877 275-6840 from 0800 to 1700 ET, Monday through Friday or visit the company's website at www.geappliances.com/recall

Important FHA Info from Assistant Vice President at Virginia Commerce Bank

I thought this would be important information for you and your peers regarding presently approved FHA condos. All condos that were approved prior to Oct/08 will have to be reapproved by 12/07/2010.

Condominium Project approvals will expire two years from the date it has been placed on the list of approved condominiums. This will also apply to all projects currently on the list of approved condominiums. Further participation in the program after this two-year period has expired will require recertification to determine that the project is still in compliance with HUD’s owner-occupancy requirement and that no conditions currently exist which would present an unacceptable risk to FHA

I checked on FHA Connection and there are a ton of them stating that the approval will expire on 12/07/2010. I also talked with an FHA representative who said that notices were sent out regarding this but only to lenders, not the HOA Associations. I talked to a HOA representative yesterday who's approval was about to expire and they did not even know.

Here is an email I got from a FHA representative

"If a condominium is expiring on 12/7/2010 and not recertified prior to that date, no case numbers will be assigned after that deadline. Any case numbers that were assigned prior to that date with a signed contract will be honored even if they close after that date"

If you have a buyer who is sitting on the fence to buy a condo with FHA, you should do 2 things:

Check on the FHA Connection site to see if the condo approval is pending expiration 12/07/2010. (there are a ton of them) https://entp.hud.gov/idapp/html/condlook.cfm

Recommend to your buyer that they write a contract as soon as possible. Have your lender apply for a FHA case number right away. Some lenders apply for this when the appraisal is ordered and some do not. Make sure it is ordered prior to 12/07/2010 as if the condo approval expires the lender CANNOT get an FHA case # and the deal is dead.

Warmest Regards
Michele
Michele Sherrill
Assistant Vice President
Virginia Commerce Bank
Direct: 703-282-3566
Fax: 703-636-2673
msherrill@vcbonline.com

Tickets on Sale Now for Historic Alexandria Candlelight Tour

Tickets on Sale Now for Historic Alexandria Candlelight Tour
Discount Rate for Tickets Purchased by December 1

See historic Alexandria in a whole new light this holiday season! Four of Old Town Alexandria’s finest historic sites will welcome guests on Saturday, December 11, and Sunday, December 12, for the festive Historic Alexandria Candlelight Tour. The area’s premier traditional holiday event features period music, seasonal decorations, and special costumed tours.

This year’s tour includes Carlyle House Historic Park (121 North Fairfax Street), Gadsby’s Tavern Museum (134 North Royal Street), Lee-Fendall House (614 Oronoco Street), and The Athenaeum (201 Prince Street). Tour times are from 6 p.m. to 9 p.m. on Saturday and 3 p.m. to 6 p.m. on Sunday, and the Sunday afternoon program features kid-friendly tours and a special activity!

Tour highlights include Carlyle House, grandly illuminated by candlelight with a beautifully appointed dining table displaying a fine Queensware dessert service, and offering musical entertainment and hot apple cider. The warm hospitality of Gadsby’s Tavern Museum will be enhanced by the scent of fresh greens and flickering candlelight as guests enjoy 18th-century music and dancing in the same room where George and Martha Washington danced. For the sights and sounds of a Victorian Christmas, the Lee-Fendall House will feature holiday music, seasonal greenery displays and a Christmas tree trimmed with ribbons, antique toys, and gilded ornaments in the style of the 1850s. The Athenaeum, an exquisite example of Greek Revival architecture and the home of the Northern Virginia Fine Arts Association (NVFAA), joins the tour this season.

The tour is self-guided, and the sites may be visited in any order, with a free shuttle running in a continuous loop among the sites. Ticket prices are $20 for adults, $15 for seniors, and $5 for children (ages 6-17). Special discount rates of $15 for adults and $12 for seniors are available when you buy before December 1. For information, tickets, and group sales information, please contact Gadsby’s Tavern Museum at 703.746.4242. Tickets for this event can also be purchased online at www.historicalexandria.org.

Old Town Alexandria is served by convenient public transportation, including the free King Street Trolley. Ample public parking is available at the Tavern Square and Market Square parking garages.

To learn more about other holiday events in historic Alexandria, please visit www.visitalexandriava.com and www.historicalexandria.org.

Northern VA Roofing article: Choosing the Right Window Treatment

Window treatments can change the mood of a room, maximize privacy, or provide an accent. But choosing the right window treatments for your home can be overwhelming....

Halloween Tips for Adults from the Maryland State Police

Parents of trick-or-treating kids can get so caught up in the fun themselves that they might forget some simple safety ideas that could keep everyone out of trouble. Having a fun and safe Halloween will make it all worth while!

Kids love Halloween! They get to dress up and get free candy! What a perfect holiday! Give your kids some precious Halloween memories that they'll have for life.

If you take your kids to a sponsored event, like a safe Halloween thrown by your church or community center, make sure to keep an eye on them at all times. Even though it seems less dangerous, you are still in a strange environment full of people that you don't know. All it takes is a minute with your back turned to find your child gone.

Cell phones are everywhere now! Everyone seems to have one, they can be so affordable.Make sure that your child has a pre-programmed cell phonewith him/her if they go out on Halloween night! Make sure that all important numbers are already there and ready for use.

Below is more common sense tips that can help adults keep their kids safe.

As bad as it sounds, this is just a fact of life now. Get on the Internet and check your local state website for sex offenders. Almost every state has one; just do a search for your state sex offender site. Look up your zip code and it should have a list of registered offenders in your area that includes street addresses. Make sure that your kids stay away from these houses!

Know the route your kids will be taking if you aren't going with them. Let them know that they are to check in with you every hour, by phone or by stopping back at home. Make sure that they know not to deviate from the planned route so that you always know where they will be.

Trick or treating isn't what it used to be. In most cities it's not safe to let kids walk the streets by themselves. Your best bet is to make sure that an adult is going with them. If you can't take them yourself, see if another parent or two can.

Help your young child pick out or make a costume that will be safe. Make sure that its fire proof or treated with fire retardant. If they are wearing a mask of any kind, make sure that the eye holes are large enough for good peripheral vision.

Know what other activities a child may be attending, such as parties, school or mall functions. If they are going to be at a friend's home, get the phone number and make sure that you've met the parents.

Make sure you set a time that your kids should be home by. Make sure they know how important it is for them to be home on time or to call immediately if something happens and they are going to be delayed.

Kids will be kids. Explain to kids of all ages the difference between tricks and vandalism. Throwing eggs at a house may seem funny but they need to know the other side of the coin as well, that clean up and damages can ruin Halloween for everyone. If they are caught vandalizing, make them clean up the mess they've made.

Some sick people find Halloween a great night to hurt cats. Explain to your kids that animal cruelty of any kind is not acceptable. Kids may already know this one on their own but stress the point that it's not acceptable behavior. Make sure that they know that harming animals is not only morally wrong but punishable by law and will not be tolerated.

Serve your kids a filling meal before trick or treating and they won't be as tempted to eat any candy before they bring it home for you to check. Check your local grocery store or craft store for Halloween cook books full of tasty treats on a horror theme for both kids and adults.

Make sure that if your child is carrying a prop, such as a scythe, butcher knife or a pitchfork, that the tips are smooth and flexible enough to not cause injury if fallen on. Make sure that costumes won't get in the way when they are walking, which could cause them to trip.

Teach your kids about not getting into strangers cars or talking to strangers, no matter what the person says to them. Explain to them as simply as you can that some adults are bad and want to hurt children, that they should never go into a house that they don\'t know, get into a car or go anywhere with a stranger. Also, tell them what to do should this happen, to scream as loud as they can to draw attention and to run away as fast as they can to someplace safe.

Be sure to show your children know how to cross a street properly. They should always look both ways before crossing the street and should only cross at corners or crosswalks. Make sure that if you have more than one child, they know to take the hand of the younger child when they cross a street.


Make Halloween a fun, safe and happy time for your kids and they'll carry on the tradition that you taught them to their own families some day!

Halloween Tips for Children from the Maryland State Police

Here are some tips that we have just for you kids, to help keep you safe on Halloween night! Some of these ideas are called "common sense"ideas that mean that they are things that you should know and use every day in life. You are never too young to learn!

Never, ever go into a stranger's house or even ring their door for treats unless your parents are with you and say that it's okay. There are some people in life that aren't very nice to kids and you have to be careful. Always make sure that your mom or dad is within sight when you go out trick-or-treating.

Be careful when you cross a street. Make sure to look in both directions and make sure that there are no cars coming. If you have a little brother or sister with you, take their hand and help them get across the street, too. If the street has a stop light, wait until the cross walk light tells you that it's okay to cross now, but still check before you cross, look both ways.

If you are an older kid or young teen, and going out with friends, make sure that your parents know where you are going and who you are going with. This may seem like a pain but they are your parents and they love you. They just want you to be safe.

If you can drive and are taking a bunch of friends to a party, make sure that you have enough gas to get there. You don't want to run out on a dark street, all alone, like a bad horror movie!

If your parents give you a curfew, be home when they say. It builds trust between you and them and they are doing it for your own safety. If you are going to be late, call them and let them know.

Vandalism is never cool! Throwing eggs at cars and houses is not cool. Someone has to clean it up and it could be you, if you get caught. You can also be arrested and punished as a juvenile. So, don't think that it's fun only if you can get away with it. It'S never the right thing to do! Think about how you would feel if someone did that to your house and how bad it would make you feel.

Hurting animals is never acceptable behavior! Some people use Halloween as an excuse to hurt cats and that is just wrong! Not only is it illegal in most places to hurt or torture animals and punishable by law, you should never hurt a helpless living thing.

Have fun on Halloween but keep it safe, have some good, clean fun and your parents will trust you for many Halloweens to come! Showing them how responsible you can be will give you a feeling of pride and make them see just how adult you really are.
Here are some tips that we have just for you kids, to help keep you safe on Halloween night! Some of these ideas are called "common sense"ideas that mean that they are things that you should know and use every day in life. You are never too young to learn!

Never, ever go into a stranger's house or even ring their door for treats unless your parents are with you and say that it's okay. There are some people in life that aren't very nice to kids and you have to be careful. Always make sure that your mom or dad is within sight when you go out trick-or-treating.

Be careful when you cross a street. Make sure to look in both directions and make sure that there are no cars coming. If you have a little brother or sister with you, take their hand and help them get across the street, too. If the street has a stop light, wait until the cross walk light tells you that it's okay to cross now, but still check before you cross, look both ways.

If you are an older kid or young teen, and going out with friends, make sure that your parents know where you are going and who you are going with. This may seem like a pain but they are your parents and they love you. They just want you to be safe.

If you can drive and are taking a bunch of friends to a party, make sure that you have enough gas to get there. You don't want to run out on a dark street, all alone, like a bad horror movie!

If your parents give you a curfew, be home when they say. It builds trust between you and them and they are doing it for your own safety. If you are going to be late, call them and let them know.

Vandalism is never cool! Throwing eggs at cars and houses is not cool. Someone has to clean it up and it could be you, if you get caught. You can also be arrested and punished as a juvenile. So, don't think that it's fun only if you can get away with it. It'S never the right thing to do! Think about how you would feel if someone did that to your house and how bad it would make you feel.

Hurting animals is never acceptable behavior! Some people use Halloween as an excuse to hurt cats and that is just wrong! Not only is it illegal in most places to hurt or torture animals and punishable by law, you should never hurt a helpless living thing.

Have fun on Halloween but keep it safe, have some good, clean fun and your parents will trust you for many Halloweens to come! Showing them how responsible you can be will give you a feeling of pride and make them see just how adult you really are.

Follow Up: Transcript of Police Chief's Online Discussion About Serial Burglaries

Fairfax County has posted the transcript here.

Police Chief: Taking Questions on Recent Serial Burglaries

Please join Police Chief Dave Rohrer and Crime Prevention Officer Pat Lucas for a live discussion/question and answer session, regarding the recent serial burglaries in our community. You may also submit questions in advance at this link. The discussion takes place Friday, October 8 at 1:30 p.m.
http://www.fairfaxcounty.gov/askfairfax/

CAI, Community Associations Oppose FHFA Transfer Fee Ban

ALEXANDRIA, VA, OCT. 4, 2010—As many as 11 million homeowners would find it difficult to sell their homes if the federal government moves forward with plans to ban so-called private transfer fees, according to Community Associations Institute (CAI).

A government ban could wreak havoc in already distressed housing markets. That’s because a draft regulation issued by the Federal Housing Finance Agency (FHFA) in August would ban federal mortgage underwriters from purchasing any loan on a property with a deed-based transfer fee. Such fees are recorded on the property title and bind subsequent purchasers.

Recently, these fees have become popular with private investment companies, which use deeds to require a purchaser to pay a percentage of the sales price to outside investors. The FHFA actions are seen as an attempt to curb this growing and controversial practice.

However, the fees also have been used by community associations for decades to help fund reserve accounts or community improvement projects.

“We agree that private transfer fees should get regulatory scrutiny,” said CAI Chief Executive Officer Thomas M. Skiba, CAE. “The problem is that the FHFA regulation would apply to any and all deed-based fees. If implemented as drafted, it would be catastrophic.”

Close to half (49 percent) of the 1,252 communities responding to a CAI survey in September have deed-based fees. Extrapolating from that data, CAI estimates that as many as 11 million homes nationally are located in communities that rely on deed-based transfer fees.

Under the FHFA proposal, these homes would no longer be able to qualify for mortgages backed by Fannie Mae, Freddie Mac or any federal home loan bank, which account for up to 90 percent of all residential mortgages.

In addition, most community associations would be unable to comply with the proposed rule. That’s because changing deed restrictions typically requires approval of two-thirds or more of all homeowners, which is difficult to achieve.

The transfer fees charged by community associations are nominal, ranging from a fixed fee (averaging $750) to a percentage of the sales price (averaging 0.25 percent). Also, such funds have allowed financially strapped community associations keep monthly assessments low.

CAI hopes to persuade the FHFA to change its proposal to allow community associations or other organizations to charge fees that directly benefit their communities. The draft regulation is supported by Realtors who want to ban all deed-based transfer fees, and it is opposed by investors, who seek to create new sources of revenue. The public comment period ends Oct. 15.

Learn more about this issue in the Heads Up section of the CAI website.
CAI is a 30,000-member, national association dedicated to fostering successful community associations. Working in partnership with almost 60 state and regional chapters, CAI provides information, education and resources to associations and the professionals who support them. Our mission is to inspire professionalism, effective leadership and responsible citizenship, ideals reflected in communities that are preferred places to call home. Visit www.caionline.org or call (888) 224-4321.

What is FHA Mortgage Insurance?

FHA mortgage insurance is a policy that protects lenders against some or most of the losses on a mortgage if the borrower defaults on the mortgage. FHA insurance is typically required on mortgages where there is less than a 20 percent down payment. The insurance is funded by a fee on the overall mortgage amount and a small annual levy on the loan amount.

FHA insurance is important, as it provides a mechanism to recover losses associated with default and ensures a continuing flow of money into the mortgage markets.

If My Condominium Association Is Already FHA approved, Do We Need to Take Any Additional Action?

Projects that received FHA approval prior to October 1, 2008, will be required to recertify on or before December 7, 2009.

Projects approved between October 1, 2008, and December 7, 2009, will follow the recertification requirements defined below:

Earthquake Preparation Information

Earthquake Preparation Information

At this time, there have not been any aftershocks to this morning’s 3.6 magnitude earthquake reported yet. However, in light of the fact that aftershocks remain a possibility, DC HSEMA wishes to remind citizens of the following protective actions that should be taken if another earthquake is felt:

During an earthquake if you are:

Indoors:
o Take cover under a desk, table, or bench. If none is available, use an inside wall or doorway.
o Stay away from windows, outside doors, walls, and anything that could shatter or fall on you.
o If you’re sleeping, stay in bed and cover your head with a pillow. If your bed is under a heavy light fixture or you have a large mirror or painting over your headboard, move to the nearest safe place.
o Stay inside until the shaking stops. Most injuries during an earthquake occur when people enter or exit a structure.

Outdoors:
o Stay there and move away from buildings, streetlights, and overhead utility wires.

In a Motor Vehicle:
o Stop as quickly as safety permits and stay in the vehicle. Avoid stopping near or under buildings, trees, overpasses, and utility wires.
o Proceed cautiously once the earthquake has stopped, watching for road and bridge damage.

McClatchy-Tribune News: Real estate Q&A: Pets in condos

Real estate Q&A: Pets in condos

By CHARLES CARTER
McClatchy-Tribune News Service


QUESTION: We bought a condo in the Miami area recently. Prices are much lower than they were several years ago, interest rates are low, and we think prices could start going up any day now. We brought our toy poodle with us and then later realized that the homeowners' association rules don't allow pets. So for now we hide the dog from our neighbors. I heard somewhere that some states have laws forbidding such anti-pet rules. Is that right?
-Patrick, Miami

ANSWER: Yes, this is happening. Federal law for some time has prohibited discrimination against disabled Americans who need "service and support" animals, such as seeing-eye dogs for the blind. The 7th Circuit Court of Appeals ruled in favor of a deaf person's right to keep a service or support animal in the home in Bronk v. Ineichen in 1995.
California enacted a law effective January 2001 that permits each owner in common interest developments, such as condos and mobile home parks, to keep at least one pet, subject to reasonable rules of the homeowners' association. Efforts are under way in Florida to adopt similar legislation, led by a group called Citizens for Pets in Condos.

The idea is that pets generally provide emotional support for homeowners. I recently gave a paper that was co-authored with Tim Allen, professor and director of the real estate center at the College of Charleston, which found allowing pets in condos has a positive effect on condominium prices in the South Florida condo market.

ABOUT THE WRITER
Charles Carter, Ph.D., specializes in real estate analysis after years of experience as a professor, real estate lawyer and appraiser. He is a consultant at Haint Blue Realty in Mount Pleasant, S.C. Readers may send questions to cccarter2010@yahoo.com.Read more: http://www.kansascity.com/2010/07/01/2056350/real-estate-qa-pets-in-condos.html#ixzz0sRB9LaKW

CAI Law Review: Stay of Board Member Recall Exceeds Court's Jurisdiction

Villa Europa Homeowners Association v. The Superior Court of San Diego County, No. D056640, Cal. App. Ct., April 22, 2010

Association Operations/State and Local Legislation and Regulations: In an unpublished opinion, a California appeals court found that the trial court exceeded its jurisdiction when it stayed the effect of a vote to recall a homeowners association's board of directors.

In 2002, Renee Sack sued Villa Europa Homeowners Association in connection with water and mold damage to her condominium unit caused by a leak in the ceiling of her master bedroom and a backup in the drain line of her kitchen sink.

In 2009, she served the association with a request for production of documents, asking that the association produce all minutes from 2003 to the present and its financial records, in addition to documents that related to her mold case. The association objected to the requests and agreed to produce all relevant, non-privileged documents, with the exception of its financial records. Sack filed a motion to compel further responses.

In October 2009, Sack went to the offices of the association's management company and requested access to the association's books and records. She was told she would have to schedule a time to return when the office manager was present. The following day, she was informed by an employee of the management company that she would have to provide a list of documents she was seeking and declare whether she was making the request as a board member or homeowner. She refused, asserting that she had an absolute right to inspect the documents as a member of the board. The association's representative then informed her that she was not entitled to review documents related to her personal dispute in the mold case or documents that impacted the rights of third parties. She was presented with a form to sign acknowledging her fiduciary duty to maintain the confidentiality of privileged information, and agreeing to maintain the confidentiality of the documents and not produce them to her counsel in the mold case, use them in her litigation, or disclose them to third parties. She refused to sign.

In November 2009, the association cautioned Sack from using her position as a director to obtain documents to assist in her personal litigation, and reminded her she had a duty to act in the association's best interest. The association agreed to make all records not pertaining to her dispute available for inspection, so long as she acknowledged her fiduciary duty not to disclose such records without approval of the association's board.

Sack filed a petition under California's Corporations Code, to obtain the same documents she sought through the discovery process in the mold case. The association agreed to allow her to inspect the association's records without formal acknowledgment of her fiduciary duty to maintain confidentiality but warned her that if she chose to use her inspection rights for personal gain, the association would consider her actions a breach of her fiduciary duty. She would not agree not to use evidence she obtained as a board member in her mold case and continued with her petition seeking access to all association documents except those governed by attorney-client privilege. The court granted her petition.

Before the court granted the petition, however, the association's board voted to remove Sack as a board member based on her failure to attend three consecutive board meetings, and she sought an ex parte restraining order to prevent the association from removing her as a board member. Her application did not seek a stay of the effect of the vote to remove her. At the hearing, the court denied her request for a temporary restraining order, but ruled that the effect of any vote removing her from the board was stayed until after the court ruled on her petition or the association produced any documents ordered by the court.

Her petition was heard on Dec. 31, 2009, and the court granted it in part, ordering the association to produce the documents except those protected by attorney-client or work product privileges. The court declined to rule on whether it was proper for her to share the documents with any other person. It also extended the stay on the effect of any vote to remove directors to the date of the recall vote scheduled for Jan. 9, 2010.

On that date, the association's membership voted to remove all the directors and elect a new board. However, because of the court's stay, the current board remained in power.
The association and its management company, the custodian of its corporate records, appealed the court's decision, arguing that the court exceeded its jurisdiction by issuing a stay of the recall vote; allowing Sack access to the association's records was an abuse of the discovery process in the mold case; and the order requiring the association to produce its records to Sack would result in a breach of her fiduciary duty to the association.

To the appeals court, it was undisputed that the entire board of directors had been recalled and could no longer remain on the board. Sack did not dispute that the recall was proper and valid.
Because of the governmental nature of homeowners associations, the appeals court applied municipal law, and concluded that the trial court acted in excess of its jurisdiction by staying the effect of the recall vote, because it attempted to enjoin a validly enacted vote. Further, the court's stay of the recall vote permitted a board that had been voted out to remain in power and prohibited the properly elected board from assuming power. The court ruled that because Sack was no longer a board member, her right to access the association's records had ceased.
The court granted the association's petition for writ of mandate and directed the trial court to set aside its previous orders.

Fairfax County Deer Management Survey

In an effort to assess the public’s opinion on deer management in Fairfax County, a survey is now available at http://www.fairfaxcounty.gov/survey/deermanagement.htm.

Residents are encouraged to complete the survey concerning their thoughts and observations on the prevalence of deer, as well as ongoing and future attempts to address issues surrounding them. The survey will be posted until August 1, 2010.

To learn more about deer management in Fairfax County, visit http://www.fairfaxcounty.gov/living/animals/wildlife/management/deer-management.htm or contact Fairfax County Wildlife Biologist Vicky Monroe at 703-324-0240.

CAI Law Review: Owner Must Pay Assessments If Board Acts within Scope of Business Judgment Rule

The Board of Managers of Lido Beach Towers Condominium v. Gartenlaub, No. 015217/09, N.Y. Supr. Ct., April 8, 2010

Assessments/Covenants Enforcement: In an unpublished opinion, a New York court granted summary judgment to a condominium board of managers in an action to collect past due assessments, finding that the board acted within the scope of the business judgment rule.
Bernard Gartenlaub owns a unit in Lido Beach Towers Condominium, located in Nassau County, N.Y. The Board of Managers of Lido Beach Towers Condominium sued Gartenlaub to collect past due assessments, moving for summary judgment.

The board provided proof of—and Gartenlaub did not dispute—the correctness of the amounts owed. His defenses were based on allegations that repair work on the condominium building was grossly mishandled, the board failed to obtain proper approval of the construction budget for the repairs, and his unit had numerous uncorrected problems arising from the repair work. He also alleged in a counterclaim that the board frustrated his attempt to sell his unit.
The court noted that someone who purchases a condominium unit enters into a binding relationship with every other unit owner, both by contract and by statute. One element of that relationship is the obligation to pay common assessments, irrespective of any dispute an owner might have with another unit owner, a board of managers, or third parties acting on behalf of the association. Under a condominium regime, all unit owners comply with the bylaws, rules, regulations, resolutions and decisions adopted pursuant thereto. Lido Beach Condominium's bylaws provide that all owners are obligated to pay common charges assessed by the board, as well as special assessments, and interest, attorneys' fees and legal expenses incurred for collection in events of default. The obligation to pay common and special assessments cannot be avoided.

When a unit owner challenges an action by a condominium's board of managers, the court will apply the business judgment rule, which limits the court's inquiry to whether the board acted within the scope of its authority and whether the action was taken in good faith to further a legitimate interest of the condominium. Unless the unit owner is able to demonstrate a breach of the board's duty to act in good faith within the scope of its authority, judicial review of the board's actions is not available.

In accordance with the law, a unit owner cannot withhold payment of common assessments based on defective conditions in his unit or the common areas, or because of any disagreement with actions lawfully taken by the board. In view of this, the court determined that the board had made a prima facie case for summary judgment, based on the evidence it submitted to the court. The board was able to demonstrate that Gartenlaub's affirmative defenses lacked merit.
Gartenlaub was unable to show that issues of fact existed that would merit a trial. He offered no allegations or proof that would permit the court's inquiry beyond that permitted by the business judgment rule. He alleged that the board made significant increases to the budget to fix problems with the building, and owners were billed for large assessments to cover the cost. However, he admitted that the owners voted to authorize a proposed budget. He failed to present evidence indicating that the assessments themselves were not authorized under the bylaws and admitted there were two votes by the owners in favor of large expenditures for the construction work. The court concluded these votes by the members constituted implicit acknowledgment of the board's general authority to act.

The court considered the only issue raised by Gartenlaub that might overcome the business judgment rule, his assertion that a construction budget was to be put before the owners for a vote, but never was. However, he presented no facts to show that the board was obligated under the bylaws to do so. Because he presented no proof that the assessments themselves were unauthorized, and a legitimate purpose was evident—to complete the construction work—the legal sufficiency of the court's response to this motion rested on his allegations of bad faith.
Gartenlaub claimed that the board overspent and mismanaged the construction project, it failed to keep owners apprised of the construction progress, and failed to address the problems in his own unit. The court observed that, even if Gartenlaub's allegations were true, they did not rise to factual allegations of fraud or self-dealing sufficient to permit the court to bypass the business judgment rule. Given Gartenlaub's inability to demonstrate the board's lack of authority to impose the assessments at issue, his disagreements with the board's actions were not enough to avoid payment of the assessments he owed.

The court refused Gartenlaub's request for discovery, because he made no showing that such discovery might lead to facts that would serve as a basis to defeat the board's motion. The court dismissed his counterclaim, because he expressed no legal theory in its support.
The court granted the board's motion for summary judgment, with attorney's fees in accordance with the condominium's bylaws.

The Arlandria Farmers and Artisans Market Grand Opening

The Arlandria Farmers and Artisans Market Grand Opening
Arlandria is getting an outdoor market! Beginning this Sunday, June 20, 2010 local farmers, craftsmen, and artisans will converge on the vacant lot adjacent to the Duron Paint Building to sale their goods. The market will run each Sunday from June through October, rain or shine. For additional information, please contact Nick Partee at: info@arlandria.org or visit: http://www.arlandria.org.

CAI Seeks Additional Revisions of FHA Condo Guidelines

As the federal government props up the finances of mortgage giant Fannie Mae and struggles to restructure the nation’s mortgage finance system, federal agencies are also re-examining their criteria for mortgages within condominium associations.
Recently, the Federal Housing Administration (FHA) has indicated that it may revisit its most recent set of requirements for financing purchases within condominium associations. CAI has expressed ongoing concerns that the current set of guidelines found in FHA Mortgagee Letter 2009-46(b) are not optimum measures of an association’s financial health.
In response to the possibility that FHA will revisit its condominium mortgage criteria, CAI has submitted a set of recommendations to FHA on improving its mortgage qualification process. Specifically, CAI is urging FHA to rethink its delinquency criteria, its owner occupancy criteria, commercial space limitations along with several insurance mandates. Read CAI’s letter.

Fairfax County Celebrates National Pet Week

Fairfax County will celebrate National Pet Week from May 2 – 8, 2010. The theme of the week is “Pets and People—Healthy Together.” The goal of highlighting the week is to encourage people and their pets to get active and remain fit.
A proclamation set forth by Board of Supervisor Chairman Sharon Bulova notes that obesity among pets and people are on the rise. According to the American Obesity Society, 65 percent of American adults are overweight or obese. The Association for Pet Obesity Prevention states that 44 percent of dogs and 57 percent of cats in the United States are obese. Obesity can cause major health issues in both people and their pets, including osteoarthritis, Type 2 diabetes, hypertension, heart disease and cancer.
To prevent obesity in pets:

· Consult your vet about your pet’s obesity to rule out any medical issues that could be causing weight gain.
· Work with your vet to learn how many calories your pet should be eating daily and stick within those guidelines. Limit the amount of food your pet eats or switch to a lower calorie food with your vet’s counsel.
· Learn how many calories are in treats and avoid excessive caloric intake through treats. For example, if a 50 pound dog needs between 700 – 900 calories a day, some dog bones contain 600 calories—nearly a large dog’s entire daily caloric intake!
· Move more. Take longer walks, play fetch, go on a hike or to the dog park. For cats, encourage play for 10 minutes daily with feather toys, paper bags or laser pointers.
· Move your pet’s food bowl to a location in the home that requires more movement—upstairs, for example.
· Separate animals in multi-pet households for feeding if only one pet needs a weight-reduction diet.
· Visit the Association for Pet Obesity Prevention Web site at http://www.petobesityprevention.com for weight and calorie guidelines and treat information.

City of Alexandria Planning Meeting

The City of Alexandria will hold a Housing Master Plan Community Meeting TONIGHT Thursday, May 6, 2010 from 7:00 – 9:00 p.m. The meeting will be held at the Charles Houston Recreation Center at 901 Wythe Street, Alexandria, VA in the multipurpose room. The community meeting will be immediately preceded by a meeting of the Housing Master Plan Advisory Group (as part of the 6:30-7pm Affordable Housing Advisory Committee) for a brief discussion of the group's mission and role in the Housing Master Plan process.

Tonight’s meeting topic is "Defining the Challenge." To set the stage for the Housing Master Plan process and topics of future meetings, staff will present data illustrating current affordable housing supply and demand, as well as data and (where feasible) projections about population, employment and commuting patterns. Major findings and recommendations from the Affordable Housing Initiatives Work Group will also be presented.

We invite and encourage all Alexandrians to participate in the Housing Master Plan process to establish a comprehensive vision to inform and shape future development with the goals of preserving and enhancing affordable housing opportunities, community diversity, and economic sustainability. An Advisory Group comprised of the Alexandria Affordable Housing Advisory Committee plus an additional six appointees will spearhead the Housing Master Plan effort and will meet monthly. All meetings are open to the public and participation by all is encouraged.
How do I learn more about the Housing Plan? For additional information, please visit the City’s Housing Master Plan webpage at: www.alexandriava.gov/housingplan or contact the Office of Housing at 703-746-4990. Staff contact: Carrie Beach carrie.beach@alexandriava.gov

Alexandria Police to Participate in Litter Enforcement Week

Beginning Sunday, April 4, the Alexandria Police Department, with support from the Alice Ferguson Foundation and the Metropolitan Washington Council of Governments Police Chiefs’ Committee, plans to increase enforcement of already existing litter laws throughout the City. This effort coincides with the third annual Litter Enforcement Week in the Washington DC metro area that will take place April 4-10, 2010.

The week will culminate on Saturday, April 10, 2010 with the 22nd Annual Potomac River Watershed Cleanup where thousands of volunteers will remove trash and debris from the Potomac River at hundreds of sites throughout Washington, DC, Maryland, Virginia, Pennsylvania and West Virginia.

Litter Enforcement Week is part of the Alice Ferguson Foundation’s Trash Free Potomac Watershed Initiative (TFPWI), to support local law officers as they dedicate one week to vigorously enforce litter laws, illegal dumping, and unsecured truck load laws. The Trash Free Potomac Watershed Initiative (TFPWI) is a region-wide effort spearheaded by the Alice Ferguson Foundation to reduce trash and litter, increase recycling, education, and awareness of trash issues in the Potomac Watershed.

Litter Enforcement Week encourages area residents to partner with their local law enforcement agency to discourage the careless discarding of trash and work towards changing behaviors that contribute to making our community not only less attractive, but that present a health and economic hazard. For more information or to volunteer, visit WWW.PotomacCleanup.org or call 202.518.7417.

Spring Cleaning Checklist

It is that time of year- time for spring cleaning. Here is a helpful link to get you started:

Spring Cleaning Checklist

Alexandria Police to Participate in Regional Street Smart Pedestrian and Bicycle Safety Campaign

Beginning Tuesday, March 23, the Alexandria Police Department plans to conduct increased enforcement of pedestrian safety laws at locations Citywide. This enforcement coincides with the beginning of the 2010 Street Smart campaign, an annual public education, awareness and behavioral campaign about pedestrian and bicyclist safety in the Metropolitan Washington region.

Officers from the Department's Motor Unit will focus on King Street Metro, Braddock Road Metro, Eisenhower Avenue Metro and Van Dorn Street Metro during the morning and evening rush hours. Officers will also concentrate on locations of high traffic and numerous crashes, such as Mount Vernon Avenue in Arlandria, Duke Street, North Van Dorn Street, Eisenhower Avenue and Edsall Road. Officers will be issuing citations to drivers along the Mount Vernon Trail corridor in Old Town to encourage safe bicycling.

The officers will be citing pedestrians for jaywalking and bicyclists for violations of the traffic code. They will also be writing warning and citations to drivers for:
Failure to obey a highway sign by blocking the crosswalk,
Failure to yield right of way to pedestrians in crosswalks,
Making improper turns into crosswalks,
Failure to obey "No Turn on Red" while pedestrians are present,
Speeding and
Running red lights and stop signs.

The 2010 Street Smart safety campaign begins with a formal press conference and kick-off event on Tuesday, March 23, at 11:00 A.M. at the intersection of Sligo Avenue and Chicago Avenue in Silver Spring, Maryland. The campaign will run from March 14 through April 14 and will include media campaigns targeted at drivers and pedestrians. It also will features increased enforcement throughout the National Capital Region. The goal of Street Smart is to increase awareness of pedestrian and bicycle safety and reduce the number of injuries and deaths.

Law gives homeowners flag display rights

Law gives homeowners flag display rights

By Rich Griset/Capital News ServiceMonday, March 1, 2010 8:51 AM EST

RICHMOND - A bill prohibiting homeowners' associations from regulating a properly displayed U.S. flag has passed both the House and the Senate and now goes to the governor to be signed into law.House Bill 956, sponsored by Delegate L. Scott Lingamfelter, R-Woodbridge, would give a property owner the right to display a U.S. flag as long as it complies with the federal Flag Code.

"A unit owners' association may, however, establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag provided such restrictions are necessary to protect a substantial interest of the unit owners' association," the bill states. A fight over the issue made national headlines in December when retired Army Col. Van T. Barfoot challenged his homeowners' association in Henrico County.Barfoot, a 90-year-old Medal of Honor recipient and veteran of three wars, refused to take down his flag and flagpole after being ordered to do so by his homeowners' association. Barfoot's refusal stirred up support from politicians and citizens, including U.S. Sen. Mark Warner, D-Va., and U.S. Rep. Eric I. Cantor, R-Va.Stephen Spiker, a legislative aide to Lingamfelter, said that while citizens like Barfoot would benefit from the bill, Barfoot wasn't the only person the delegate had in mind while drafting the legislation.

"We know it's going to help a lot of people," Spiker said.Interest groups that support the bill include the Community Association Institute, which lobbies on behalf of homeowners' associations.The House voted 99-0 for the HB 956 on Feb. 11. Last week, the Senate followed suit with a 40-0 vote.Spiker said he is confident that Gov. Bob McDonnell will sign the bill into law. "Politically, it's a winner."

Tips for after the snow storm

- Don't try to remove tree branches from a power line. Treat fallen wires as if they are energized.
- If your home has a heat pump, clear the ice and snow away from the unit so air can circulate properly.
- If the power goes out and you use a portable generator, always keep it outside - away from doors and windows - to prevent carbon monoxide fumes from coming inside.

Proper Shoveling Techniques

Pace yourself. Take breaks.
Drink plenty of water.
Don't eat or smoke before shoveling.
Shovel close to the body.
Bend your knees.
Lift with your legs.

Tips for Driving in Heavy Snow from AAA

Make sure your gas tank is full.
Don't drive, unless complete necessary.
Ask yourself, "Is this trip really the wise thing to do?"
Dress warmly, in case you get stuck.
Carry a cell phone in case you break down.
Tell someone where you are going and when you expect to arrive.
Before starting your car, make sure the tailpipe is free of snow.
Carry a snow emergency kit: shovel, snow scraper, booster cables, blankets, flashlight, flares, sand and salt.
Slow down. Stopping distances are 10 times longer in heavy snow.
Use major routes that have been treated
Don't pass snowplows and spreaders. Make room for them.
Don't spin your wheels. You'll only dig in deeper.