HOA Board not following state law (VA)

Started by BjN • 6 replies • 1837 views

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BjN (Virginia)
Posts: 13

Posted:

Virginia Property Owner's Association requires that HOA members be given notice of board meetings and that each meeting have a period of open comment by members. Our association board refuses to give notice of meetings. Anyone have any advice or run into a similar situation? The board also doesn't follow GAAP for financial recordkeeping and has never done a reserve study(both are requirements of Virginia state law).

TimB4 (Tennessee)
Posts: 21,047

Posted:

BjN,

Are you still under declarant control?

BjN (Virginia)
Posts: 13

Posted:

No. We are self-managed. Turned over from declarant control in 2008. What I didn't mention is that the HOA Board has also refused to register with the Common Interest Community Board.

DavidW5 (North Carolina)
Posts: 565

Posted:

The first step should be to send a letter (certified/return receipt) to each member of the board. The letter should quote the specific citations from VA 55-510 that you allege the board is not complying with. I would include in the letter that if the board fails to comply with the statute, that you intend to file a complaint with the CICB Ombudsman's Office in Richmond. I would also send a copy of the letter to the association's attorney.

Most boards, when faced with an educated, determined homeowner who shows that they know the statute and intends to see it followed, will decide its easier to follow the law than to fight.

Good luck.

BradP (Kansas)
Posts: 2,640

Posted:

The other thing to put in that letter is knowingly violating state laws will exclude your director and officers insurance from covering them in the case of a lawsuit and that any and all decisions held in a "closed meeting" are against state atatute and challengable in a court of law.

BjN (Virginia)
Posts: 13

Posted:

Unfortunately, our board, isn't "most boards." The more the current president hears from residents the more resistant she gets. Yet, voting her off will be near impossible because of the 2/3 vote required. And, the other two board members - who could remove her - are not active. She is totally dominating any decisions and her only priorities are things that affect her personally. And, her husband physically threatens anyone who tries to confront her. It is a really bad situation only getting worse. It is at the point where it is affecting property values because the situation is becoming known in the community and people are reluctant to buy in the neighborhood.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Brad,

David has given you some great suggestions on how to approach this issue. I would not mention anything about potential legal action as this can have the board treat the issue as a legal matter. When this happens, communication between the Board and the membership tends to go to zero.

I do understand how an individual may go into defensive mode when challenged. I've learned that if you approach an issue without cornering an individual conversation will usually happen.

For example:
"I know that I wasn't at the Board meeting where this was discussed, so I don't know the rational behind the decision, but I was of the impression that the memberships decision at the last meeting was going to happen. Could you explain how my impression was in error?"

This way, you are approaching the issue as a failure in the meeting of the minds vs. I'm right and you're wrong (which usually places someone on the defensive).

Yep, it's sad when people run for the board for the sole purpose of completing an agenda. However, as you know, it's the apathy of the membership that allows that to happen. Perhaps at the next election you can solicit proxies from members and try to reverse what you see happening.

Tim

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