Edward J. O'Connell III

Partner, Co-Chair of Business Department and Community Associations Section
blank image Edward J. O'Connell III

Edward J. O'Connell III

Partner, Co-Chair of Business Department and Community Associations Section
Falls Church T: 703.280.9266 F: 703.280.8944
Richmond T: 703.280.9266 F: 703.280.8944
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Edward J. O'Connell III

Edward J. O'Connell III

PARTNER, CO-CHAIR OF BUSINESS DEPARTMENT AND COMMUNITY ASSOCIATIONS SECTION
eoconnell@whitefordlaw.com
FALLS CHURCH
T: 703.280.9266
F: 703.280.8944

RICHMOND
T: 703.280.9266
F: 703.280.8944
Biography
BIOGRAPHY

Mr. O’Connell has almost 20 years of experience in all facets of common-interest associations, from day-to-day business operations to litigation between boards and owners. This form of ownership, which includes condominiums, co-ops and homeowners’ associations, has spread rapidly in the past few decades and raises its own unique legal issues of relations between boards, who operate in some ways like elected city councils, and homeowners.

Mr. O’Connell, who is admitted in both Washington DC and Virginia, represents communities in both jurisdictions, and has been active in the Washington chapter of the CAI for many years. He has been a board member since 2008 and served as Vice-President prior to becoming the President. He is also a member of the Chapter’s Virginia Legislative Committee and a frequent contributor to Quorum Magazine, the chapter’s publication.  In 2024, he was named a Fellow of the College of Community Association Lawyers (CCAL).

RECOGNITIONS

  • The Best Lawyers in America®, Washington DC Community Association Law (2020–Present), Real Estate Law (2025), Community Association Law "Lawyer of the Year" (2023)
 

Memberships & Activities

  • Fellow: College of Community Assocation Lawyers
  • Member: Virginia State Bar
  • Member: District of Columbia Bar
  • Member: Fairfax Bar Association
  • Member: Community Associations Institute - Washington Metropolitan Chapter
    • WMCCAI Board of Directors (2008 - present)
    • WMCCAI Vice President (2012)
    • WMCCAI President (2013)
  • Member: WMCCAI Virginia Legislative Committee
  • Member: Virginia Department of Professional and Occupational Regulation - Structural Integrity and Reserves Work Group

Common-Interest Community Associations

  • Mr. O’Connell is experienced in representing community associations in Virginia and the District of Columbia
 

Counsel to Boards of Directors

  • Advises common-interest community association boards on day-to-day business operations, compliance with governing documents, operating procedures, meetings (including quorum, voting and proxy issues), insurance matters, director issues and disputes, member issues and disputes, financial and real property transactions, land use and rezoning issues, assessment collections, employment issues and appropriate responses to changing federal, state and local laws
 

Contract Negotiations and Dispute Resolution

  • Experienced in negotiating agreements for construction, maintenance and improvements of the common interest community association property and common facilities
 

Financial Transactions

  • Experienced in negotiating financing for capital improvement and repair projects for common-interest community associations
 

Real Estate and Land Use

  • Represents master property owner association clients in obtaining rezoning for capital improvements to the community facilities
  • Represents common-interest community association clients before county and city governments on land use and zoning issues
  • Represents large and small association clients in real property transactions involving the acquisition and sale of land, boundary dispute issues, and the negotiation of public and private easements, licenses and covenants, including considerable experience in negotiating bulk cable television and internet contracts
 

Governing Documents

  • Extensive experience in consulting on and preparing amendments to the governing documents for both traditional and age-restricted adult active communities
  • Prepares corporate and governing documents for large master property owners' associations and smaller property owners' associations in Virginia
 

Developer/Warranty Issues

  • Negotiated favorable results for common interest community associations in statutory warranty claims in Virginia
 

Administrative Investigations & Proceedings

  • Represents common-interest community associations in responding to investigations by federal, state and local administrative agencies on fair housing complaints
  • Represents common-interest community associations in responding to investigations by the Virginia Common-Interest Community Board on complaints filed by owners and citizens
 

Condemnation / Eminent Domain

  • Negotiated favorable settlement with VDOT relating to condemnation proceeding for client impacted by the Capital Beltway Hot Lanes Project
  • Represents common-interest community associations in condemnation/eminent domain proceedings in Virginia
 

active adult and Continuing Care Retirement Communities

  • Provide regulatory and governance advice and assistance to directors, officers and management of active adult community and continuing care retirement community clients
 

Golf

  • Provide governance, regulatory, real estate and contractual advice and assistance to directors, officers and management of community association owned golf courses and to community associations located in golf course communities
INSIGHTS

Co-Panelist: “The Rippling Consequences of an Aging Infrastructure”, CAI Annual Conference & Expo (May 2024)

Contributing Author: Quorum Magazine - WMCCAI publication

Co-Presenter: “COVID-19: The Legal Implications – What Managers Need to Know!”, Webinar (May 2020)

Author: "How to Get Rid of a Board Member," Quorum Magazine, a Washington Metropolitan Chapter Community Associations Institute publication (January 2020 Issue)

ARTICLES

May 17, 2021

Client Alert: Governor Northam Modifies Mask Mandate to Align with CDC Guidance and Announces Virginia to End COVID-19 Mitigation Measures on May 28, 2021

In response to the new CDC guidance, Governor Northam entered Seventh Amended Executive Order Seventy-Two, which became effective on May 15, 2021, as well as Executive Order Seventy-Nine, which becomes effective midnight on May 28, 2021. These orders bring Virginia in line with the new CDC mask guidance by directing that individuals in Virginia are to follow the CDC guidance, meaning that fully vaccinated people no longer need to wear masks under most circumstances.  People who are not fully vaccinated are still encouraged to wear masks.
 
July 17, 2020

Client Alert: VDOLI COVID-19 Workplace Safety Rules

On Wednesday, July 15, 2020, the Virginia Safety and Health Codes Board (“Board”) of the Virginia Department of Labor and Industry (“VDOLI”) met to discuss and adopt workplace safety regulations (16 VAC 25-220) proposed by VDOLI on June 12, 2020 in response to the SARS-CoV-2 virus (“Virus”) that causes COVID-19. This meeting was the final meeting in a series of meetings held by the Board to discuss the originally-proposed regulations. During this time, multiple amendments to these regulations were proposed by Board members.
April 7, 2020

Client Alert: COVID-19 Community Association FAQs - You've Asked, We've Answered

In light of the current state of affairs surrounding COVID-19, community association managers and boards of directors are facing challenges not typically encountered in their day-to-day roles.  Our Whiteford professionals have addressed the following questions for our clients in hopes these answers will assist in easing how to deal with this particularly difficult, ever-changing situation.
July 23, 2010

CLIENT ALERT: "Just the Facts" - Virginia Common Interest Communities: 2010 Legislative Changes

The 2010 General Assembly session proved to be an active one here in Virginia. While a number of bills were introduced at the beginning of this session that would have directly or indirectly impacted common interest communities in Virginia, only a few bills were actually approved by the General Assembly and signed by the Governor. The new laws amend the Virginia Property Owners' Association Act, the Virginia Condominium Act, the Common Interest Community Management statutes, the Virginia Nonstock Corporation Act, and the Virginia Flood Protection and Dam Safety statutes. These new laws all took effect on July 1, 2010, unless otherwise noted herein. Below is a brief summary of the legislation that directly or indirectly impacts common interest community associations.

PRESENTATIONS

January 18, 2024 - News

Ed O'Connell Named Fellow of the College of Community Association Lawyers (CCAL)

Whiteford is very pleased to note that Ed O'Connell, co-chair of our Business Section and Community Associations group, has been named a fellow of the College of Community Association Lawyers (CCAL).  Of the over 4,000 attorneys practicing community association law in the United States, fewer than 175 have been admitted to this prestigious organization.  Two other attorneys in the group, Joe Douglass and Drew Terrell, are also CCAL members.  
August 17, 2023 - Honors & Awards

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.
August 18, 2022 - Honors & Awards

73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”

73 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2023 (copyright 2022 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington, D.C. offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
August 19, 2021 - Honors & Awards

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
August 20, 2020 - Honors & Awards

71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”

A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
November 18, 2013 - News

Edward J. O'Connell III Inducted as President of WMCCAI

Whiteford Taylor & Preston is delighted to announce that our partner, Edward J. O’Connell III has been inducted as the president of the Washington Metropolitan Chapter of the Community Associations Institute.

December 2, 2009 - News

Whiteford, Taylor & Preston Names Partners

Whiteford, Taylor & Preston is delighted to announce that Susan Jaffe Roberts has been elected a partner of the firm, and Daniel A. Griffith, and Edward J. O'Connell III have been named equity partners, effective January 1, 2010.

February 27, 2008 - News

Whiteford, Taylor & Preston Increases Its Number of Falls Church Attorneys and Expands Its Northern Virginia Location

Whiteford, Taylor & Preston LLP (WTP) has expanded its Falls Church office - by increasing the number of attorneys and enlarging its office space. Glenn R. Bonard, Eileen Morgan Johnson, Thomas Mugavero, Christy Richardson, and Andrew J. Terrell have joined Raymond J. Diaz, Michael Gartner, Christopher A. Jones, Katherine McCarthy, Edward J. O'Connell, and Eric A. Vendt in WTP's offices at 3190 Fairview Park Drive, Suite 300, Falls Church, VA 22042.

May 31, 2007 - News

Whiteford, Taylor & Preston Opens Office in Falls Church

Prior to its 75th anniversary, Whiteford, Taylor & Preston (WTP) is proud to announce the opening of its Falls Church office.  Located at 3190 Fairview Park Drive, Falls Church, VA 22042, the office officially opened for business on May 31, 2007.