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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111605
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am the member of a condo association in. We have a area

Customer Question

I am the member of a condo association in Virginia. We have a area that is considered Non-exclusive Limited Common Element(the exterior walls of one of our 5 buildings- each building is responsible for M&R of it's NELCE.) Often the 3 residents do not agree on M&R procedure. Our By Laws state that the Residents of the building pay for the work based on percentage they own in the building. One Resident believes that she can make the decision regarding when to do any work and who will be the contractor as she owns the majority of the building sq. footage. Another Resident believes that the Board should resolve the conflict. Any suggestions?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The board is there to resolve any disputes between owners. If the bylaws do not give her the right to choose the contractor or decide on the work and simply say payment is based on percentage of ownership, then all of the owners should have an equal vote in deciding on the work and contractor and if they cannot agree, the board should intervene to make the final determination. This is an issue of your bylaws though, as the VA code allows these associations to govern themselves in this type of case.
Customer: replied 1 year ago.
When you speak of the Virginia Code, can you give me the Section in the Code?
Customer: replied 1 year ago.
When you speak of the Virginia Code, can you list the Section of the Code?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.'
VA Code 55-513 places control of the association under the board of directors and the declarations, bylaws and rules.