Question:
Our former Board President sold his last unit, and wants to remain the Board President for the next three years. We have a big problem w that because there are only 16 units. Can he do this and can he even vote?
– Misty
Answer:
Hi Misty,
According to the Virginia Property Owners Association Act Section 55.1-1807(5), lot owners who are members in good standing have the right to serve on the board if duly elected, unless the declaration provides otherwise.
Section 55.1-1807(2) also states that lot owners who are members in good standing have the right to vote on any matter requiring a vote by the association’s membership in proportion to the lot owner’s ownership interest unless the declaration provides otherwise.
These suggest that only good-standing lot owner members may run for the board or vote on association matters. Kindly verify board member qualifications and member voting rights by reviewing the governing documents. The bylaws may state whether a board member needs to be a lot owner or an HOA member. There may also be exceptions regarding voting. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
