Ms. Diaz focuses her practice on representation of community associations throughout the Commonwealth of Virginia. She has significant trial and general litigation experience in the state and federal courts in the Commonwealth of Virginia, including litigating various community association issues, construction defect, commercial litigation, and real estate litigation. Ms. Diaz also has significant experience representing community associations before various administrative boards, including the Virginia Fair Housing Board and various County Human Rights Commissions.
Recognitions
- The Best Lawyers in America® Litigation- Trusts and Estates (2024-Present), Community Associations Law Litigation (2025-Present)
- Virginia Lawyers Weekly, "Leaders in the Law" Class of 2018
Memberships & Activities
- Member: Fairfax Bar Association
- Member: Fairfax Bar Association, Vice President of the Pro Bono Advisory Committee
Community Associations
- Experienced in representing community associations throughout the Commonwealth of Virginia
Community Associations Litigation
- Represented community associations in a variety of litigation matters, including covenant enforcement, defense of federal and Virginia fair housing discrimination claims, defense of breach of contract claims brought by owners and defense of fiduciary duty claims against boards of directors. Ms. Diaz also represents community associations at the general district court level in assessment collection actions.
Contract Negotiations and Dispute Resolution
- Experienced in negotiating agreements for construction, maintenance and improvements of the common interest community association property and common facilities
- Represented community associations in conciliation proceedings related to federal and Virginia fair housing claims
Counsel to Boards of Directors
- Provides advice to boards of directors of community associations on many aspects of the day-to-day business of operating and governing a community association, including compliance with governing documents, operating procedures, meeting issues, compliance with Virginia statutes governing community associations, homeowner disputes, assessment collections, and various director issues
Delinquent Assessment Collection
- Regularly advises boards of directors on cost-effective delinquent assessment collection procedures and draft policy resolutions designed to better manage the association’s collection efforts
- Oversees the delinquent assessment collections for various community associations and represents them in various court to collect the delinquent amounts owed to the association
Rules and Covenants Enforcement
- Advises community associations regarding changing case law and legislation effecting the covenant enforcement efforts of the associations
- Drafts policy resolutions regarding covenant enforcement and further assists enforcement of the association’s covenants by instituting legal proceedings to enforce the covenants
Interpretation/Amendment of Governing Documents
- Experienced in providing interpretations of community association’s governing documents and advising boards of directors regarding the actions they can and cannot take on behalf of the association
- Drafts amendments to governing documents to address the changing needs of community associations
Developer/Warranty Issues
- Advises community associations regarding claims against developers related to warranty issues and works with boards of directors to develop cost-efficient plans for addressing warranty claims
Estates and Trusts Litigation
- Has contested a suit that involved issues on holographic wills and partnership interests
- Had prepared numerous guardian and conservatorship petitions
- Defended a surety bond company in a breach of fiduciary duty claim against a conservator
- Litigated complex jurisdiction issues for probate of will on behalf of the wife of the decedent and did subsequent pre-litigation work on will contest issues raised by the children of the decedent
- Brought suit in an action to challenge the actions of a trustee and attorney-in-fact under a power of attorney
Insights
Speaker: “Where the Wild Things Are: Legal & Practical Issue in 55+ Community Associations – Balancing Compassion, Compliance, and Fiduciary Duties," Southeastern Virginia Chapter-CAI Conference and Expo (March 2026)
Co-Author: ”Open to the Public: ADA Compliance for Community Associations,” Community Associations Institute Washington Metro Chapter’s (WMCCAI) Quorum Magazine (April 2025)
Co-Presenter: "Business Partner Essentials," Community Associations Institute (April 13, 2023)
Speaker: "Smoking and Other Odors – New Smoking Legislation, Regulating Smoking, Managing Complaints and Setting Policy," Cardinal Management Board of Directors (October 7, 2021)
Speaker: "Fair Housing Issues Part 1: Pools, Pets and Parking," Washington Metropolitan Chapter Community Associations Institute Conference & Expo (June 11, 2021)
Speaker on community association matters for the Washington Chapter of the Community Association's Institute
Co-Speaker: “Fair Housing and Animals - A Primer for Community Associations,” Webinar (April 8, 2020)
Speaker: "Fair Housing Hot Topics and D&O Liability," Washington Metropolitan Chapter Community Associations Institute Conference & Expo (February 22, 2020)
Speaker: "Practicing in Your Personality: How to Thrive as a Community Association Lawyer," Community Association Institute Annual Law Seminar (January 17, 2020)
Speaker: "Your Community, You're Connected: Association Communications," Fairfax County Government Channel 16 (January 29, 2019)
Speaker: "Your Community, You're Connected: Assessments, Penalties and Collections," Fairfax County Government Channel 16 (January 10, 2017)
Co-Author: "HUD Adopts New Rules Clarifying Associations' Liability For Harassment And Third Party Conduct Under the Fair Housing Act," Currents Magazine, Southeastern Virginia Chapter of CAI (December 2016)
Speaker: "Your Community, You’re Connected: Planning Successful Meetings," Fairfax County Government Channel 16 (February 9, 2016)
Co-Presenter: Falling Waters, CAI Manager Luncheon (March 2015)
Client Alert: Knowing When to Call Counsel
Client Alert: Emotional Support Animals in Community Associations: Balancing Fair Housing Obligations with Resident Expectations Through Effective Accommodation Policies
Webinar: Virginia Common Interest Community Law & Regulation Updates
Webinar: Tips for Presiding Over Board and Member Meetings Successfully
Discrimination Complaints in Your Neighborhood
Solar Panels
Webinar: Fair Housing and Animals - A Primer for Community Associations
Client Alert: HUD Issues FHEO Notice Providing Guidance on Evaluating Reasonable Accommodation Requests for Animals under the Fair Housing Act
This document replaces HUD’s prior guidance on assistance animals from 2013 and includes particularly detailed direction to housing providers, such as community associations, regarding protocols they should use in assessing a reasonable accommodation request for an animal and specific questions they can ask of disabled persons and their health care providers. Further, HUD addresses the information from a disabled owner that does and does not reasonably support a request for an accommodation, and dismisses as insufficiently reliable documentation from websites that sell certificates, registrations, and licensing documents to anyone who answers certain questions or participates in a short interview and pays a fee.
Is That a "Residential Purpose"? Using Virginia Statutes and Municipal Ordinances to Clarify Restrictive Covenants on Non-Residential Uses
Piedmont & Tidewater Committee Newsletter - February 2020
Meet the Piedmont & Tidewater Committee
Is That a "Residential Purpose"? Using Virginia Statutes and Municipal Ordinances to Clarify Restrictive Covenants on Non-Residential Uses
Protections Afforded to Your Neighbors in the Military: The Servicemembers Civil Relief Act for Community Associations
Protections Afforded to Your Neighbors in the Military: The Servicemembers Civil Relief Act for Community Associations
Falls Church Managers' Luncheon - Handling Insurance Claims - WTP Hosting & Speaking
Fairfax County Seeks Your Input on Short-Term Property Rentals
Preparing Your Association for Pool Season
Your Community, You're Connected: Assessments, Penalties & Collections
What can the board do to increase the likelihood of a smooth and effective assessment collection process? What recourse does the association board have to manage delinquencies? What are examples of successful collection strategies? Tune in for the live program on Fairfax County Government Channel 16 on Tuesday, January 10, 2017. Michelle L. Thompson, Fairfax County Consumer Affairs Branch; Marla Diaz, attorney with Whiteford, Taylor & Preston, LLP and James L. Claggett, Jr.
HUD Adopts New Rules Clarifying Associations' Liability for Harassment and Third Party Conduct Under the Fair Housing Act
Burke, VA Centre Conservancy Festival - WTP sponsoring
2016 Burke Centre Conservancy Annual Festival. For more information, please contact events@wtplaw.com
Legum & Norman Associa Cares Golf Tournament - WTP sponsoring
Eight attorneys from Whiteford, Taylor & Preston LLP will play in the charity golf tournament to support Associa Cares.
Please contact events@wtplaw.com for more information.
Community Association Institute Annual Conference and Expo - WTP Speaking
Three Partners from our Community Association Group will attend the CAI Annual Conference and Expo. Drew Terrell and Marla Diaz are conducting an educational session at the conference.
Falls Church Managers' Luncheon - Pool Rules, the Fair Housing Act and the ADA - WTP Hosting
In preparation for the start of the pool season, Marla Diaz will be leading a discussion on the impact that the federal Fair Housing Act and state and local fair housing laws have on pool rules adopted by community associations. Can associations require children to be supervised at the pool? Do associations have to allow emotional support animals in the pool area? Are 15 minute swim breaks for children really illegal?
Please RSVP to events@wtplaw.com or contact Rachel directly at 703.280.3383
SECOND SESSION ANNOUNCED - Falls Church Managers' Luncheon - Pool Rules, the Fair Housing Act and the ADA - WTP Hosting
Due to popular demand, Marla Diaz will be adding an additional date for her discussion on the impact that the federal Fair Housing Act and state and local fair housing laws have on pool rules adopted by community associations.
Please RSVP to events@wtplaw.com or contact Rachel directly at 703.280.3383
Advanced Trial Tactics - WTP Speaker
Marla Diaz will be teaching a CLE course on Advanced Trial Tactics for the National Business Institute.
Art Crime and Cultural Heritage Program - WTP Speaker
Marla Diaz has been invited to be the keynote speaker at the Art Crime and Cultural Heritage program. Additional information can be found here.
Your Community, You're Connected - WTP Speaker
Marla Diaz will be featured live on Fairfax County Government Channel 16's, "Your Community, You're Connected."
The Anatomy of a Successful Community Association. This is your opportunity to call in or e-mail your questions related to homeowner or condominium association management or living.
Marla Diaz Argues the Constitutionality in Virginia Express Lanes Case
Marla Diaz was quoted in length in WTOP’s article, “Judge Delays Ruling on Landmark Express Lanes Case.” The Judge's decision could have a significant impact on users of Virginia's Express Lanes. Marla argues the fines charged to her client are excessive and violate the 8th Amendment and the Virginia Constitution.
Recovering Stolen Art: Providence and Provenance - WTP speaker
The BMA invites the public to view the recently recovered Renoir Painting "On the Shore of the Seine" and listen to the riveting story of its theft decades ago and the legal wrangling required to bring it home to the Museum. Presenters: Doreen Bolger, the Director of the BMA, and Marla J. Diaz, the lawyer from Whiteford Taylor and Preston who represented the Museum in court.
CA Roundtable Luncheon - WTP hosting
RSVP: events@wtplaw.com
Lunch Seminar for Virginia Managers - WTP hosted
"May It Please the Court": Effective Case Presentation at Trial - WTP speaker
This all-day seminar presented by NBI will earn 6.5 CLE credits in Virginia, and will feature panelists from six different law firms on all aspects of presenting your case at trial.
For more information, call 800.930.6182.
Your Community, Your Call: Building Community - WTP speaker
Why is building community important? What are some successful best practices for building community? How can communities do a better job of addressing the intergenerational needs of communities? Tune to Fairfax County Government Channel 16 on Tuesday, May 20, at 7 p.m. for the live TV program, Your Community, Your Call: Building Community. This is your opportunity to call in or e-mail your questions related to homeowner or condominium association management or living.
Understanding and Contrasting the ADA and FHA
No one who becomes a board member for their community association does so with the idea that they want to discriminate against their neighbors. Yet, more and more boards are facing discrimination accusations under the Fair Housing Act and Americans with Disabilities Act. It is critical, therefore, for board members - and the managers and lawyers who assist them – to understand the civil rights laws that apply to them and how these laws can affect the day to day operation of the community association.
CAI Law Seminar: Parking, Pets and Pools - WTP speakers
WTP's Marla Diaz Wins Summary Judgment on BMA -- Renoir Case
“A federal court judge made a ruling Friday that will award title to an 1879 painting by Pierre-Auguste Renoir to the Baltimore Museum of Art — though it may be some time before the tiny water view of the River Seine makes it back home to Baltimore. Judge Leonie M. Brinkema of the U.S. District Court of Eastern Virginia granted the Baltimore Museum of Art's motion for a summary judgment and rejected a Virginia woman's claim that "Paysage Bords de Seine," which is valued at somewhere between $22,000 and $100,000, should belong to her.
The Critical Role of the Board in Amending Governing Documents
Evolving community needs and changing legal requirements often present a community association board of directors with a daunting task: amending the association’s governing documents. A well-crafted amendment that complies with applicable law is the obvious objective of any board of directors that is considering proposing revisions to its governing documents. Developing this amendment document itself is generally the easy part of the amendment process if the association is represented by an experienced community association attorney.
Uncommon Solutions to Common Problems - WTP speaker
This presentation is hosted by the Washington chapter of the Community Associations Institute for board members and managers of HOAs, Condos and Co-ops.
Community Association Law - a Workshop for Property Managers & Board Members - WTP event
This workshop will give property managers and interested board members a quick and easy-to-digest survey of the important laws and changes that affect how your common interest property should be managed.
Topics will include:
87 Whiteford Attorneys Recognized in Best Lawyers in America 2027
83 Whiteford Attorneys Listed in Best Lawyers in America 2026
77 Whiteford Attorneys Listed in Best Lawyers in America 2025
A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”
Marla Diaz Named Leader in the Law by Virginia Lawyers Weekly
Marla J. Diaz wins HOT Lanes case in Virginia
Marla J. Diaz represented a client who was sued by Transurban for unpaid tolls, administrative costs, and civil penalties exceeding $2,200.00, arising from the client’s use of the HOT Lanes on Virginia’s I-495 beltway. Ms. Diaz successfully argued that the Transurban claims were barred by the relevant statute of limitations and all summons against her client were dismissed.
New Partners Elected at Whiteford Taylor & Preston
Whiteford, Taylor & Preston is delighted to announce that Marla Diaz, a community associations lawyer, and Todd Brooks and Aaron Casagrande, both bankruptcy lawyers, have been named Partners of the firm, effective January 1, 2015.
In his congratulatory remarks, the firm’s managing partner, Martin T. Fletcher, said, “It is a privilege to welcome these exceptional attorneys into their new and expanded roles. Each has delivered tremendous value to clients and will make important contributions to the continuing growth of our firm.”