Question:
I am looking for advice and documentation regarding an HOA Board changing covenants to suit themselves or small group of members.
Our covenants regarding change seem to be confusing:
The Association, by a vote of 2/3’s of the directors or its members, may make additional rules, covenants, and restrictions for the use of lots and benefit of the subdivision.
It doesn’t seem reasonable that a five-person board can make covenant changes that benefit only a select few members. The covenant above seems confusing. Is there any Virgnia laws or documents that guide or provide insight to how covenants can be changed and subsequently adopted?
Thanks
– Guy
Answer:
According to the Virginia Property Owners’ Association Act Section 55.1-1829(D), “Except as otherwise provided in the declaration, a declaration may be amended by a two-thirds vote of the lot owners.” A similar provision exists under Section 55.1-1934(B) of the Virginia Condominium Act. While changing operating rules typically only requires a vote from the board, amendments to the declaration generally need approval from lot owners. It is best to check with a lawyer for further guidance on whether or not this conflicts with your governing documents.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
