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I am reaching out to discuss an issue that has recently

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caught the attention of several...
I am reaching out to discuss an issue that has recently caught the attention of several owners within my community and Condominium Home Owners Association (HOA). I believe that our HOA board recently violated the Virginia Condominium Act and Community Bylaws by holding a meeting without proper notice, and that the contract awarded during the meeting (300,000 multi-year landscaping contract) was executed improperly and should be nullified as referenced in Robert’s Rules of Order. I would appreciate someone contacting me so that I may forward additional support documentation for discussion.
Submitted: 2 years ago.Category: Real Estate Law
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Customer reply replied 2 years ago
II. Summary: It is my belief that the board did not properly notify the community as outlined in Arlington Village bylaws. The board, by not properly notifying the community, increased the likelihood that additional unit owners would not be able to attend the meeting to express their concern. Additional turnout would have likely convinced the board that the contract terms required additional revisions.
Although there were extenuating circumstances given the snow, the Boards rescheduling of it meetings still requires the proper notification of the community. Which according to the bylaws is “twenty-one, but not more than thirty days.”
Furthermore, since the board did not strictly adhere to the notification guidelines set forth in the bylaws, it is my belief that the meeting was invalid, and should have been postponed until the ownership could have been properly notified. According to Robert’s Rules of Order, 47. Votes that are Null and Void even if Unanimous. No motion is in order that conflicts with the laws of the nation, or state, or with the assembly's constitution or by-laws, and if such a motion is adopted, even by a unanimous vote, it is null and void. At this time, the meeting, and all votes casted should be null and void due to them being in conflict with the bylaws.
Answered in 1 hour by:
3/10/2016
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,809
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
So, what you are saying here is that they did not give you at least 7 days notice on the special meeting or 21-30 days on the regular meeting, which would mean that lack of proper notice makes the meeting invalid and any action taken during the meeting also invalid. To rectify this, you would have to file a petition for declaratory judgment to invalidate the actions of the board and present the evidence of the improper notice and ask the court to invalidate their actions including any contract agreement that they have entered into.
That is the only recourse to undo what they did at an improperly called meeting.
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Customer reply replied 2 years ago
I was actually requesting an opinion on the interpretation of the condominium act and if they in fact violated the protocol set forth. I already know the course of action to file with the county however I wanted to get an opinion prior to wasting my time.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
The notice had to be given 21 days before the meeting, you had notice of the January 26 meeting, but because of weather it was changed to February 1. So if you received 21 day notice of the January 26 meeting (as they say it was a regular meeting) is the issue. You provide no evidence or information on that. If you did get 21 days notice of the January 26 meeting and it was changed by weather, then the notice was still sufficient, but if you did not get 21 day notice of the January 26 meeting then they violated the notice requirements.
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