2019 VPAR DIRECTOR & OFFICER NOMINATIONS

Now’s the time!  If you have been considering stepping up into the Leadership of your local REALTOR® Association now is the time to submit your application.  It is hard to measure the many valuable benefits to your business and the many friendships you will make as you serve as a volunteer leader for the Virginia Peninsula Association of REALTORS®.  Help us to protect the real estate industry in your community as a business leader!

NOTE: Any Association REALTOR® member may submit the application of any eligible REALTOR® to the Nominating Committee.  The Nominating Committee will only consider candidate nominations completed and submitted on the official VPAR BOARD OF DIRECTORS APPLICATION FORM (see below).   You are advised to obtain the candidates acceptance as a nominee prior to submitting his/her name.  An individual may submit his/her own name.

For more information please visit the links below!

VPAR BOARD OF DIRECTOR APPLICATIONS ARE DUE MONDAY, AUG 13TH AT 5:00PM. PLEASE MAKE YOUR APPLICATION TO THE ATTENTION OF CHANDRA PATTERSON, NOMINATING COMMITTEE CHAIR.

Click here for the BOD Announcement Information:

http://vpar.realtor/PDF/nominating/Nominating%20Announcement%202018.pdf

Click here for the BOD Application:

http://vpar.realtor/PDF/nominating/BOD%20Application%20form%202018.pdf

Not sure and want to know more? Contact Jim Wetzel, CEO at jimwetzel@vpar.org Tel. 757-599-5222 or Nominating Committee Chair Chandra Patterson at cpatterson@roseandwomble.com tel. 757-287-3021.

 

Virginia Peninsula Association of REALTORS®

1001 North Campus Parkway, Suite 101

Hampton, VA  23666

t. 757-599-5222 f. 757-596-3911

Call for Action – National Flood Insurance

The National Flood Insurance Program (NFIP) will expire on July 31, denying necessary insurance coverage to homeowners and buyers in more than 20,000 communities nationwide. Congress must act now to reform and extend the NFIP.

 

NAR Supports:

  • Reauthorizing and gradually strengthening the NFIP so it is sustainable over the long run;
  • Encouraging the development of private market options to offer comparable flood insurance coverage at lower cost than NFIP;
  • Providing federal assistance to high-risk property owners, including guaranteed loans, grants and buyouts in order to build to higher standards and keep insurance rates affordable;
  • Provide fair flood insurance rates that better reflect the property’s flood risk;
  • Improving flood map accuracy, so fewer property owners have to file expensive appeals.

 

Click here to take action

Mold Remediation Legal Issues Being Tested – What Property Managers Can Do Now !

Almost a decade ago the General Assembly enacted legislation requiring landlords to remediate visible evidence of molds.  More importantly, the same duty was imposed upon property managers who assumed maintenance responsibilities. This was a complete departure from Virginia law which prevented tenants from maintaining civil actions against a real estate licensee who acted exclusively on behalf of the landlord.

 

Earlier this month, the Virginia Supreme Court reviewed a decision from the Newport News Circuit Court in which the trial judge concluded that the enactment of this statute was intended to abrogate personal injury claims based upon negligent maintenance or remediation.  I represented the landlord and property manager in this case and regrettably, the Virginia Supreme Court disagreed with the Trial Court’s legal conclusions, reversed the decision and returned the case to Newport News for further proceedings.

 

Also disappointing was the Supreme Court’s failure to address the extent to which mold remediation is required.  The statute, as well as the Virginia Residential Landlord Tenant Act (“VRLTA”), defines visible mold as “the existence of mold in the dwelling unit that is visible to the naked eye by the landlord or tenant in areas within the interior of the dwelling unit readily accessible at the time of the move-in inspection.”  I argued that because the molds accumulated months after the tenancy began, there was no duty to remediate as the molds were not visible at the time of the move-in inspection.  This issue is now back before the Trial Court, but it is my considered opinion that the statute is clear and unambiguous.  If the move-in report disclosed no visible evidence of mold, the duty to remediate stopped there.

 

While the duties and responsibilities continue to be addressed by Virginia tribunals, I offer the following recommendations to reduce the risks associated with mold.

 

  • Give mold disclosures at the commencement of the lease, obtaining every tenants acknowledgement of receipt;
  • If visible evidence of mold exists at move-in in readily accessible areas, “readily accessible” being defined as “areas within the interior of the dwelling unit available for observation at the time of the move-in inspection that do not require removal of materials, personal property, equipment or similar items”, postpone the tenants occupancy. The statue requires remediation in five (5) days, a practical impossibility.
  • For molds that accumulate during the tenancy, although there is likely no statutory duty to remediate, the VRLTA requires premises to be maintained in a fit and habitable condition. Fortunately, for VRLTA violations, personal injury damages are not recoverable;
  • In the remediation of molds, engage certified mold remediation contractors to ensure compliance with the requirement that the remediation is performed “in accordance with professional standards.” Virginia law does not entitle a tenant to recover damages caused by the negligence of an independent contractor;
  • If a tenant reports mold accumulations, explore whether any occupant believes exposure to mold may have adverse health effects. If the tenant answers affirmatively or is uncertain, offer to terminate the lease, with owner approval, or relocate immediately;
  • Negligence claims arise principally as a result of the failure to properly repair the source of water leaks and the failure to follow proper protocols in the remediation of mold. When a tenant communicates a service request for any condition that could lead to moisture or water conditions, give these special attention;
  • Review property management agreements to ensure that the Owner is responsible for maintaining the premises in accordance with laws, regulations and local ordinances. DO NOT agree to except primary responsibility for maintenance, reserving only the right to effectuate emergency repairs;

 

  • Most importantly, contact your commercial general liability and errors and omissions liability carriers to ensure that there is coverage for mold claims. Too often I find clients who are uninsured because of fungus, mold or pollution exclusions.

 

The issues related to mold remediation present a legal quagmire, particularly when Virginia courts have yet to definitively rule on what duties are owed by landlords and property managers.  Consult with your legal counsel when you have questions regarding the proper course of action.

 

Herbert V. Kelly, Jr.| Jones, Blechman, Woltz & Kelly, P.C.

701 Town Center Drive, Suite 800, Newport News, VA 23606 | Direct 757.873.8149 | Fax: 757.873.8103

bkelly@jbwk.com | www.jbwk.com

How You Can Help – In Memory of Karla Grase

So many people have been asking what they can do for Karla Grase. Rose & Womble has notified us a fund for the family has been set up through the Rose and Womble Foundation.

 

 

Donations for the Karla Grase Family

Here is the link to the foundation website:

https://roseandwomblefoundation.org/how-you-can-help/

How You Can Help – Rose & Womble Foundation

roseandwomblefoundation.org

About The Rose & Womble Foundation The Rose & Womble Foundation is a Non-Profit 501(c) (3) created as an extension of the Rose & Womble CARES program taking action and serving Our Community.

To make a donation for the Grase family please select ‘Gift For Karla Grase Family’ in the drop down menu. Donation amounts can be customized through the PayPal, simply click on the suggested amount and edit as needed.  You may also send a check to the accounting department, made out to the Rose & Foundation, please note Grase family in the memo line.