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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6442
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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We are having a dispute on our HOA board. We would like to

Customer Question

We are having a dispute on our HOA board. We would like to amend the bylaws to exclude non homeowners from being on the board. But the bylaw says 10 percent of the homeowner but the covenants days 51 percent. Another document say 66 precentage. We are at a lost. How can we get such s high percentage. About half of the homes are rented .
***** *****
Portsmouth VA
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.
Welcome to JA and thank you for your question. As a general rule the governing documents should not be in conflict. I also agree that non owners really have no stake in being on the board. Please give me a moment to check the statute. Remember if a board isn't acting in the best interests of the owners they can be removed.
Expert:  Attyadvisor replied 10 months ago.
This is a link for all of the state and federal laws that govern an HOA for your reference http://www.hoa-usa.com/statelaws/va.aspx
Expert:  Attyadvisor replied 10 months ago.
You can amend the bylaws by 2/3 vote of the owners per statute.
Expert:  Attyadvisor replied 10 months ago.
This is the link for the code https://vacode.org/55-515.1/. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I may receive credit for my I would appreciate it. Thank you for using JA. We appreciate your business.
Expert:  Attyadvisor replied 10 months ago.

66% is a 2/3 vote of owners. https://vacode.org/55-515.1/.

Do you have any additional questions for me?

Expert:  Attyadvisor replied 10 months ago.

Please do not hesitate to ask me ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.

Expert:  Attyadvisor replied 9 months ago.
Please ignore the additional services request. Thank you for using JA. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

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