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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Request for Legal Advice My question and grievance relates

Customer Question

Request for Legal Advice
My question and grievance relates to teh Virgina Condominium Act. I have a new question. A manager at our managing company (FSR) recommended employing a property manager, which was supported by our board president. We found out later that the person recommended was also the girlfriend of the FSR manager. The president knew this as well, but hid the information from some board members. The girlfriend (the property manager for our condominium) was also supervised by her boyfriend. In other words, the board president put in place a nepotistic supervisor/property manager relationship without telling all of the board members. I realize that nepotism is not illegal in the private sector, however I believe hiding the relationship is inconsistent with the VA Condominium Act since all board members should have the same information about employment situations -- all board members are equal and the president does not have special powers.I filed a grievance. I would also like to attach my original grievance.I will also send you the response from the Association's counsel.HOW MUCH WOULD YOU CHARGE TO TAKE A LOOK AT MY ORIGINAL GRIEVANCE AND MAKE RECOMMENDATIONS TO BUTTRESS MY ARGUMENTS, OR IS MY CASE WITHOUT MERIT?Response to my grievance follows:
Mr. Holobaugh,Our firm represents the Exchange at Van Dorn Condominium Unit Owners Association (“Association”). The Association Board of Directors (“Board”) advises that on April 14, 2017, the Association received from you a written grievance (“Complaint”) as allowed under the Association Grievance/Due Process Procedure (“Policy Resolution No. 18”). Given the nature of the subject matter of the Complaint, the Board has asked that we send you acknowledgment of receipt of the Complaint as required by Policy Resolution No. 18.The Complaint fails to specify a violation of the laws and regulations specific to common interest community associations. The Complaint pertains to questions about alleged conflicts of interest and the retention and termination of Association managers, which do not fall within the scope of complaints handled under Policy Resolution No. 18. Consequently, the Association Board of Directors (“Board”) cannot consider the Complaint pursuant to the procedures established in Policy Resolution No. 18.Although the Board cannot consider the Complaint pursuant to the procedures established in Policy Resolution No. 18, the Board will provide you an opportunity to present your complaint to the Board at an upcoming Board meeting. The next Board meeting is scheduled for 7:00 p.m. on May 2, 2017 in the Board Room located on the second floor of the Clubhouse. If you prefer additional time to prepare, you may instead present your complaint to the Board at the Board meeting currently scheduled for June 6, 2017.Please communicate to the Board and Association management which meeting you prefer to attend.Sincerely,Douglas S. Levy(###) ###-####direct(###) ###-####fax***@******.***
Submitted: 2 months ago.
Category: Real Estate Law
Customer: replied 2 months ago.
I am adding my original grievance.
Expert:  Attyadvisor replied 2 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Pursuant to the terms of service for this site, we are a general information site. The Attorneys on this site cannot create an Attorney/Client Relationship with you by providing advice for to customers. I can review your question and provide general information as well as provide a link for local Attorneys that provide FREE consultations in your area. Let me know if you would like to continue.

Customer: replied 2 months ago.
I would like to continue. Perhaps, you can provide me with limited reference to the Virginia Condominium Code on the role of the board in making personnel decisions and the requirement to have shared information by all members of the board. thank ou.
Customer: replied 2 months ago.
May we try to find a time for me to call you on Wednesday, probably in the early afternoon? I am agreeable to the price of $59. thank you.
Expert:  Attyadvisor replied 2 months ago.
The site should prompt you for a phone call when you are available.
Expert:  Attyadvisor replied 2 months ago.

Were you prompted for a phone call? Do you still need assistance?

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