Question:
Does a Virginia HOA board have the authority to overlook and ignore state and governing documents based on the advice of counsel and property manager?
Currently our board held to failed attempts to hold their annual meeting within a 19 minute window on February 13, 2023. After which they disregarded a standing bylaw setting a 10% quorum for voting and stopped a legal association vote of 19%. We now have 2 of 5 members resigning, 1 (who was running for reelection) staying, and 1 (who was running for election) being appointed – all of which in total disregard and no mention of the HOA vote taken.
I can provide supporting information upon request.
Thank you for your considerations
– Ed
Answer:
Hi Ed,
The HOA board has an obligation to adhere to the state laws and the association’s governing documents. The board cannot ignore the law or the provisions of your documents just because the property manager says so.
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