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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
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If the president of a Home Owners Assoc. Is ignoring By-laws

Customer Question

If the president of a Home Owners Assoc. Is ignoring By-laws set up for location here at Tinkerview Drive, Cloverdale , Va. some homeowners are changing door colors, etc. Our By-Laws state no changes are to be made in the the buildings. They are to remain as they were built.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 6 months ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.I am sorry you are dealing with this situation and empathize with your frustration. Unfortunately, choices are limited in these types of situations. One being to gather enough from the owners to vote in a different board and president in the next election that will enforce and abide by the HOA bylaws. The other is to bring an action which is likely required to be an arbitration hearing against the board and president seeking an order to prevent them from further breach of the bylaws and the CC&R's. The board and president of an HOA must follow the bylaws, if they are not doing so either they need to be replaced or an action brought against them. Unfortunately, they are disregarding their fiduciary duty but will likely continue to do so as long as they remain in office or a judge orders otherwise. It is akin to speeding, you can go over the speed limit, and while that is breaking the law, unless a police officer cites you for it the behavior is likely to continue.Retaining a local attorney to assist the homeowners with convincing the board and president that if their actions continue there will be no alternative but to seek an order enjoining them from further activity and any other economic damages that can be obtained on behave of the unit owners.All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).
Expert:  J. Warren replied 6 months ago.
Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

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