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New Va law for HOAs

Discussion in 'Broadlands Community Issues' started by Capricorn1964, Jul 1, 2015.

  1. Capricorn1964

    Capricorn1964 Well-Known Member

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    SB 1008. Condominium and Property Owners’ Association Acts; statement of unit and lot owner rights. The law provides that each member of a common interest community who is in good standing has the right (i) of access to all books and records kept by or on behalf of the association, (ii) to cast a vote on any matter requiring a vote by the association’s membership in proportion to the unit or lot owner’s ownership interest, (iii) to have notice of any meeting of the executive organ or board of directors and to record and participate in such meeting, (iv) to have notice of any proceeding conducted against the unit or lot owner to enforce any rule or regulation of the association and the opportunity to be heard and represented by counsel at such proceeding, and (v) to serve on the executive organ or board of directors if duly elected.

    This is effective as of July 1st, 2015.
     
    Bandit1 likes this.
  2. Zeratul

    Zeratul Well-Known Member

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    thanks for posting... and I hope both the BHOA and SWHOA provide for clarifications around how they meet this or plan to meet this in the future.
     
    Bandit1 likes this.
  3. flynnibus

    flynnibus Well-Known Member Forum Staff

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    sounds to me like the BHOA doesn't have to change anything... only thing would be maybe ensuring they comply with the right to record... the rest they already do as far as I can tell.
     
  4. Capricorn1964

    Capricorn1964 Well-Known Member

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    Agree with Flynnibus as BHOA pretty much complies with everything whereas SWHOA pretty much throws up a lot of roadblocks to it. We will see what will transpire this year with SWHOA and whether they'll throw their lawyers in front of them to block any and all requests for their books. Im sure the courts will throw the book at them if they don't comply with VA HOA laws. It'll be interesting to see their lawyers bumble all over the place again after being chewed out in court the last time when they had to pay everything back and some to Cogs. Im sure SWHOA will be more than willing to push the envelope and step over the line knowing that the residents are footing the legal bills not them personally.
     
  5. vacliff

    vacliff "You shouldn't say that."

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    No changes for BHOA. We have complied with all of that since our inception.
     
  6. hornerjo

    hornerjo Senior Member

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    What exactly could the court do if they don't comply? Fine them? Doubt they care. Force the documents out? Good luck with that with how often hard drives 'fail'. I highly doubt anyone outside of the current board will ever see the financials from all the lawsuits.
     
  7. flynnibus

    flynnibus Well-Known Member Forum Staff

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    Recourse is exactly as sashi has done... Sue.

    They are a corporation and subject to common accounting standards and rules governing businesses.

    But in this particular situation- the law doesn't really change much because they can still withhold details related to litigation that is pending or ongoing... And contracts ongoing. This isn't changed from before
    Limitations at http://law.lis.virginia.gov/vacode/55-79.74:1
     

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