Thomas Mugavero
Mr. Mugavero is Counsel in our Community Associations group.
Recognitions
- Pro Bono Lawyer of the Year 2024, Legal Services of Northern Virginia
- Washington, D.C. Super Lawyers®, Business Litigation, Employment & Labor, Appellate (2013-2016)
- Pro Bono Lawyer of the Year 2020, Fairfax Bar Association
Memberships & Activities
- Member: Virginia State Bar Association
- Member: Federal Bar Association
- Member: Fairfax Bar Association, Chair of the Pro Bono Committee
- Member: American Bar Association
- Former D.C. Bar Association Chair of the Council on Sections (2011-2013)
Business Litigation
- Represent companies in contract and business tort actions
Appellate Practice
- Argued issues of first impression before the Maryland Court of Appeals on condominium regulation and insurance coverage
- Has argued before the Virginia Supreme Court, the District of Columbia Court of Appeals, the Maryland Court of Appeals and Court of Special Appeals, the New York Appellate Division and the United States Courts of Appeals for the Fourth and the District of Columbia Circuits
- Argued a matter of first impression before the District of Columbia Court of Appeals on the scope of the Condominium Act
- Argued issues of first impression before the United States Court of Appeals for the Fourth Circuit on:
- Fair Labor Standards Act and the relation between overtime pay and vacation leave;
- Condominium conversions and the fiduciary duties of directors;
- Fair Housing Act, religious discrimination and individual prayer spaces.
Selected appellate cases include:
- Bristol University v. Accrediting Council, Case No. 16-1637 (6/19/2017), U.S. Court of Appeals for the Fourth Circuit (accreditation)
- Bridgforth v. Gateway Georgetown Condominium Association, ___A.3d ___ (D.C. 2019)
- Anderson v. Council of Gables, 404 Md. 560; 948 A.2d 11 (Md. 2008);
- Admiral Ins. Co. v. ACE Am. Ins. Co., No. 09-1389, 442 Fed. Appx. 738; 2010 U.S. App. LEXIS 1200 (4th Cir., 2009);
- Mobil Oil Corp. v. Earhart Petroleum, Inc., No. 99-2093, 2000 U.S. App. LEXIS 8674; 42 U.C.C. Rep. Serv. 2d (Callaghan) 732 (4th Cir. 2000);
- Karson v. American College of Cardiology, No. 96-1680, 1999 U.S. App. LEXIS 25817 (4th Cir., 1997);
- Williams v. 5300 Columbia Pike Corp., No. 95-2964, No. 95-3091, 103 F.3d 122 (4th Cir. 1996);
- Malone v. Saxony Coop. Apts., Inc., 763 A.2d 725 (D.C. 2000);
- Hawthorne v. Canavan, 756 A.2d 397 (D.C. 2000);
- Massengale v. Pitts, 737 A.2d 1029 (D.C. 1999);
- Kelley v. Broadmoor Coop. Apts., 676 A.2d 453 (D.C. 1996).
Community Associations
- Advise and defend associations on claims of mold exposure and remediation
- Defend homeowners associations against claims of tenant misconduct and violations of the Fair Housing Act
Insurance Coverage & Defense
- Defend companies and individuals against claims of premises liability, negligence and personal liability
Labor & Employment Litigation
- Defend employers against claims of wrongful termination, unfair practices and employee discrimination
ABA Anmal Shelter Law Symposium, Moderator, November 2022
Support and Therapy Animals: Legal Issues, Presenter, LeadingAge Virginia Annual Conference, June 2022
Yours, Mine, or Ours? Pet Ownership & Custody Laws, Presenter, Animal Welfare League of Arlington, July 2020
Anti-SLAPP Litigation 101 – Defending Freedom of Expression, On Demand Webinar, Co-Presenter, DC Bar Association, May 2020
Legal Issues Update, Co-Presenter, Boards Shaping the Future LeadingAge Maryland Governance Symposium, February 2015
ARTICLES
Pithy Title Needed: Lawyers Discussing Stormwater Management by Associations…in Depth
Why You Shouldn’t Deal With Mold Yourself - And It’s Not Just Because You Don’t Have Mr. Clean’s Abs
Mold, technically, is everywhere, in some form or another; it is in the dust on the furniture, in the crumbs left on the counter, and in the air that drifts in from the outside. It is why bread turns green-gray, and why coffee left in the mug on the desk over the weekend will look tan on top. Visible mold, however, is usually a by-product of some other maintenance problem–and usually a sign that that maintenance problem has been going on too long. When mold is given a damp environment and some form of nutrient – either wood, or drywall, or some other building material–it will flourish and grow, creating splotchy discoloration on walls, ceilings and personal property.
Insurance Requirements For Condominium Owners
Every condominium association is required, by statute and by governing document, to carry a master insurance policy on the building. Such policies cover the common elements and – in multi-story buildings at least – the individual units as well. The question has often arisen, however, whether unit owners themselves should carry homeowners’ insurance, generally known as “HO-6 policies.” The answer is, resoundingly, YES. It is risky not to do so.
Court refers discovery contests to ‘conciliators’
Thomas Mugavero was quoted at length in the article, “Court refers discovery contests to 'conciliators,'” which appeared in Virginia Lawyers Weekly:
"...Many of the referred motions are “straight motions to compel,” where one side simply hasn’t responded to discovery requests and the other side moves to compel to get their attention, according to Fairfax business litigator Thomas Mugavero, a veteran conciliator..."
Foreclosure Procedures in Virginia
There are two ways to foreclose on a condominium unit in Virginia; each has its own advantages and disadvantages.
Getting Ready for the Pool Season
In a few months, community associations around the region will be opening up their pools in preparation for the summer season. Running an association pool, of course, comes with a host of issues, including: training and certifying lifeguards; maintaining, repairing and replacing the equipment itself; and enforcing the rules and regulations for using the pool. This article will focus on two separate issues: the Virginia Graeme-Baker Act and the responsibilities of community associations under the federal and state non-discrimination statutes.
NEWSLETTERS
Piedmont & Tidewater Committee Newsletter - Fall 2021
How a Property Owners' Association Might Recover a Debt Against a Virginia Contractor
Legal Jeopardy - Test Your Knowledge!
Drew Terrell Among Seven Whiteford Attorneys Named Super Lawyers and Rising Stars in Washington, D.C.
Whiteford, Taylor & Preston is pleased to announce that Andrew J. Terrell, Falls Church office Managing Partner and former co-chair of the Community Associations practice is named a 2016 Super Lawyer. All seven of the WTP attorneys listed among the 2016 Super Lawyers and Rising Stars in DC are indicated below.
Whiteford Attorneys Named Super Lawyers and Rising Stars in Washington, D.C.
Whiteford, Taylor & Preston is pleased to announce that seven of its attorneys are listed among the 2015 Super Lawyers and Rising Stars in Washington D.C.
Whiteford Attorneys Named Super Lawyers and Rising Stars in Washington Metro Area
Whiteford, Taylor & Preston is pleased to announce that eleven of its attorneys are listed among the 2014 Super Lawyers and Rising Stars in the Washington D.C. metro area, including four who are listed for the first time.
Whiteford Attorneys Named Super Lawyers and Rising Stars in Washington Metro Area
Whiteford, Taylor & Preston is pleased to announce that seven of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in the Washington D.C. metro area, including two who are listed for the first time.
Thomas Mugavero to Serve on District of Columbia Bar Association's Tort Law Section Steering Committee
Chosen by his peers, Thomas Mugavero has been appointed to the Tort Law Section Steering Committee of the District of Columbia Bar. Mugavero is an attorney in Whiteford, Taylor & Preston's Litigation and Community Associations sections, and a member of the Virginia State, Federal, American, and Fairfax Bar Associations.
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.