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Virginia Gov & Administrative Law Questions & Answers
2 Answers | Asked in Real Estate Law, Civil Litigation and Gov & Administrative Law for Virginia on
Q: How to force HOA board to enforce a covenant on no fencing or hedges?

I live in a community governed by an HOA with a covenant stating that there shall be no fencing or hedges in front of the front plane of any dwelling. Despite this rule, the HOA board refuses to enforce it. I haven't received any response after raising this issue with the board. I've been... View More

Richard Sternberg
Richard Sternberg
answered on Jun 6, 2025

If the HOA doesn't want to enforce, you have several choices:

1. Run for the board on a ticket of enforcing the HOA guidelines and win;

2. Retain counsel to review the HOA covenants and rules to determine whether you have a private right of action, and then either sue to other...
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2 Answers | Asked in Gov & Administrative Law and Real Estate Law for Virginia on
Q: HOA hasn't held meetings or elections in 10 years and doubled dues without a membership meeting. Seeking advice on electing a new board and establishing governance.

My HOA has not held a membership meeting or election in over 10 years, despite numerous requests from members. The board met with the president in November 2024 and decided to double our dues without holding a membership meeting. In April 2025, the president said he would talk to the board about... View More

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2025

The case law -- as you seem to appreciate already -- favors corporate democracy in governance. Courts are loathe to substitute their judgment for that of a duly elected condo board operating within its rules of governance and not violating law as to protected classes. So, your first step is to... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Virginia on
Q: My car got tow from someones property while I was in the hospital and I never got notified is that legal
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answered on Apr 7, 2024

It's crucial to understand that towing laws can vary significantly from one jurisdiction to another, and specific circumstances play a critical role in determining legality. Generally, property owners do have the right to remove unauthorized vehicles from their property. However, most areas... View More

1 Answer | Asked in Probate, Real Estate Law and Gov & Administrative Law for Virginia on
Q: Can children live in inherited house without retitling in Virginia?

Next door to me is a property in a visible state of disrepair, previously owned by a couple who are both deceased (husband in 2004, wife in 2022). The property is currently occupied by their three adult children, but land records show it hasn't been retitled from the deceased parents'... View More

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answered on Jun 13, 2025

In Virginia, heirs can often live in a deceased family member's home even if the deed hasn’t been retitled, as long as they are lawful heirs and there’s no dispute. However, until the estate is officially probated and the title is transferred, they don’t have formal ownership or the... View More

1 Answer | Asked in Gov & Administrative Law for Virginia on
Q: Will a 2025 Mustang GT with resonator delete and H-Pipe pass VA inspection?

I'm considering replacing the resonator with an H-Pipe on my 2025 Mustang GT, while keeping the stock catalytic converters and mufflers intact. This change should not affect emissions, only alter the exhaust note. Two muffler shops indicated this modification should pass inspection in... View More

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answered on Jun 12, 2025

It sounds like you’re being thoughtful about your modification, which is a good approach when dealing with inspection laws. In Virginia, the state inspection primarily focuses on emissions equipment and safety—not the exact configuration of your exhaust system, as long as it meets the legal... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Virginia on
Q: Virginia HOA exec session specificity requirements.

As a member of a homeowners' association (HOA) in Virginia, I want to understand the requirements of Code of Virginia § 55.1-1816 regarding board of directors' meetings. Specifically, does the term "specific" in § 55.1-1816 C require more than a vague or nonspecific statement... View More

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answered on Jun 12, 2025

You're asking a thoughtful and important question—transparency in HOA governance affects everyone in the community. Under Virginia Code § 55.1-1816 C, the law requires that a board’s motion to enter executive session must be specific about the subject to be discussed. This means more than... View More

1 Answer | Asked in Gov & Administrative Law for Virginia on
Q: DMV rejected my original birth certificate in Virginia; need guidance.

I am 80 years old and a resident of Virginia. The Virginia DMV recently rejected my original birth certificate while trying to obtain a driver's license. I am originally from Rhode Island, and this is the first time my birth certificate, which is quite old, has been rejected. The DMV is... View More

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answered on Jun 12, 2025

You're not alone in facing this issue—many people with older birth certificates run into trouble with newer ID standards. Over time, some states updated their birth certificates with modern security features, such as raised seals, watermarks, or barcodes, and older versions may no longer... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Virginia on
Q: Can an HOA BOD convene in executive session from a work session under VA § 55.1-1816?

I am trying to understand the procedures outlined in Code of Virginia § 55.1-1816 regarding property owners' association board of directors meetings. The code states that "work sessions" are not considered "meetings" but does not define "work sessions."... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're asking a thoughtful question, and you're right to pay close attention to the language of the law. Under Virginia Code § 55.1-1816, a work session is not treated as an official “meeting” of the board, which means it doesn’t trigger the same legal requirements for public... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Virginia on
Q: Am I required to attend court after dropping assault charges?

I have communicated to the district attorney my decision to drop charges against someone for simple assault. Despite this, I have been informed through a third party and directly by the district attorney that I am required to appear in court, and I was told that if I don't attend with my... View More

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answered on Jun 10, 2025

Even if you asked to drop the charges, once the case is in the hands of the district attorney, it’s up to them to decide whether or not to move forward. In many jurisdictions, the prosecutor can still pursue the case without your cooperation if they believe there’s enough evidence. You, as a... View More

1 Answer | Asked in Government Contracts, Contracts, Civil Litigation and Gov & Administrative Law for Virginia on
Q: Misleading job offer information for a government contract in VA.

I accepted a job in November of 2024 for a government contract position, but didn't start until March of 2025 due to a required background check. Six weeks after starting, my position was eliminated. I'm not disputing the termination, given Virginia's right-to-work laws. However, I... View More

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answered on Jun 10, 2025

You’re right to feel misled, especially when you relied on clear assurances about job security before leaving your prior position. In Virginia, while employment is generally at-will, that doesn't mean an employer can make false statements to induce you into accepting a job. If they knowingly... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for Virginia on
Q: Can a Virginia county mental health department require a speech therapist to disclose CAQH account credentials?

In Virginia, can a county mental health department, which is contracting me as a speech therapist, pressure me to disclose the login and password to my personal CAQH account, even though the contract does not explicitly mention a requirement to disclose personal information?

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answered on Jun 10, 2025

That sounds like an uncomfortable and overreaching request, especially if your contract doesn’t say anything about sharing personal login credentials. Your CAQH account contains sensitive information like licensing, credentialing, and insurance data—things that should remain under your control.... View More

1 Answer | Asked in Civil Rights, Employment Law, Gov & Administrative Law and Personal Injury for Virginia on
Q: Penalties for therapist in Virginia making false statements on ECO.

I am inquiring about potential penalties for a licensed therapist in Virginia who obtained an Emergency Custody Order (ECO) to involuntarily detain an adult mental health client under false pretenses. The therapist falsely claimed the client showed up to their office demanding to be seen, even... View More

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answered on Jun 3, 2025

If a licensed therapist in Virginia knowingly makes false statements to obtain an Emergency Custody Order (ECO), they may face serious consequences. The Virginia Board of Counseling considers such actions a breach of professional conduct, which could lead to disciplinary measures including... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Virginia on
Q: Jail took $700 claiming it was owed for previous incarceration, no receipt. How to contest?

I took out a loan of $4,000, and when my husband was arrested, he had around $1,100 with him. When I went to pick up his property from the jail, they took $700, stating it was owed for a previous incarceration. There was no documentation or receipt provided for this deduction. Additionally, both my... View More

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answered on May 31, 2025

If the jail took $700 from your husband's property without providing a receipt or any documentation, you have the right to question and contest this action. Start by contacting the jail in writing and request a detailed, written explanation for the deduction, along with a receipt and any... View More

1 Answer | Asked in Collections and Gov & Administrative Law for Virginia on
Q: When can a second wage garnishment start in Virginia after the first one ends?

In Virginia, I currently have multiple wage garnishments due to debts. The first garnishment began and is expected to be completed by the first week of June. There is a hearing scheduled for September this year concerning this garnishment. I would like to know if the next garnishment can begin... View More

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answered on May 15, 2025

In Virginia, wage garnishments can generally overlap if there is more than one garnishment order in place. The timing of the second garnishment is not automatically tied to the completion of the first. If the first garnishment is expected to end in early June, the second garnishment could start... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Virginia on
Q: Does adding "Sr" to a name require a legal change process in VA?

I am considering adding the suffix "Sr" to my name to distinguish myself from my son, who shares the same name, but wasn't designated as "Jr" at birth. Due to his extensive arrest record, I was mistakenly arrested on charges intended for him, which were later dismissed.... View More

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answered on May 15, 2025

In Virginia, you do not need to undergo a formal legal name change process to begin using "Sr" as a suffix to distinguish yourself from your son. You can start using "Sr" informally without legal repercussions, as long as you are not misrepresenting yourself or causing confusion... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Virginia on
Q: Legal concerns about someone else submitting assignments.

I'm considering having someone else submit my assignments on my behalf. I am concerned about the legal implications, particularly regarding academic integrity violations. What should I be aware of before proceeding, and are there specific rules or exceptions I should check at my institution?

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answered on May 15, 2025

Before proceeding with having someone else submit your assignments, it’s important to understand the risks involved. Most academic institutions have strict rules about academic integrity, and submitting work that isn’t your own could lead to serious consequences, including failing the course,... View More

1 Answer | Asked in Child Support, Civil Litigation, Gov & Administrative Law and Family Law for Virginia on
Q: Can I sue DCSE for erasing arrears without consent or court approval?

I asked DCSE to close my current case, and they erased over $40,000 in arrears owed to me without my permission, court approval, or judgment. Initially, they erased the arrears in 2024, but after I confronted them, they changed the date to 2019. I did not receive any documentation or notice about... View More

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answered on May 14, 2025

What happened to you is deeply frustrating and, on the surface, seems like a serious mishandling of your case. If DCSE erased over \$40,000 in arrears without your knowledge, permission, or a court order, that may be a violation of your rights as the person owed support. Child support arrears are... View More

1 Answer | Asked in Civil Rights, Employment Law and Gov & Administrative Law for Virginia on
Q: Challenging court and agency's due process violations.

I am a federal employee with 14 years of service and part of a bargaining unit. I was falsely accused of misconduct and disciplined with a one-day suspension without pay. Although informed that I could file an EEO complaint, I was not made aware of agency grievance or union grievance procedures,... View More

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answered on May 14, 2025

You can’t be disciplined without the chance to fully contest the charges and present your mitigating history, so your first move is to file a grievance or appeal under your agency’s grievance procedure and your union’s contract. In that appeal, point out that the proposal letter ignored key... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Gov & Administrative Law and Criminal Law for Virginia on
Q: How can I address abuse and interference by law enforcement in VA, seeking legal help?

I'm involved in a complex and distressing situation with my long-term boyfriend and, allegedly, law enforcement interference. Despite my pleas for help, my boyfriend has mentioned there is a case against me, which he is part of, creating a cycle of abuse and control involving his wife.... View More

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answered on May 14, 2025

What you’re going through sounds incredibly painful and isolating, and it’s not okay that your safety and rights feel out of reach. When you’re caught in a situation where someone close to you is using fear, legal threats, or personal connections to maintain control, it becomes that much... View More

2 Answers | Asked in Adoption, Gov & Administrative Law and Family Law for Virginia on
Q: How can I finalize a delayed adoption due to missing birth mother in Virginia?

I'm in Virginia and have been trying to finalize the adoption of a child for the past 11 years. Our attorney mentioned that we need to serve papers to the birth mother, but we cannot locate her. We are facing an urgent deadline because the school is now demanding a birth certificate, which... View More

Richard Sternberg
Richard Sternberg
answered on May 5, 2025

It has been years, but I had a similar case of a British citizen and a French-Middle Eastern citizen seeking to adopt a Kurdish orphan where we could not prove the father was dead. The answer is much more expensive than you are expecting. We researched the various standards for adoption in England... View More

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