Tag Archives: Staropoli

Let Me Vent About The CAI!

guest blog by George Staropoli

How dare Susan French (lead ‘editor,’ of the 2000 Restatement of Servitudes, 3rd; co-author of Community Associations Law (1998 & 2008) with Wayne Hyatt, CAI national leader) take the attitude, accepted by the publisher, ALI, that this treatise is geared toward private governments because that’s what the people want. Did any group have her ear? (The Restatement is the common law treatise used by the courts when statutory law is silent.)

Astute Analysis Of The Virginia HOA Debacle

guest blog by George Staropoli

I thank Ward for covering the developments at the Virginia Legislature regarding:

1) the right of HOA to fine members even though the sacrosanct CC&Rs contract does not permit them,

2) making fines the same as assessments thereby allowing for foreclosure for the nonpayment of fines, and

3) overriding the Virginia Supreme Court’s holding in Unit Owners v. Gillman (1982) that fines are a government power that cannot be delegated.