Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am a property owner in a community governed by an HOA.

Good day. I...

Good day. I am a property owner in a Virginia community governed by an HOA. Pursuant to our bylaws, one-third of property owners have petitioned the HOA board of directors to call a special meeting to address homeowner concerns about selective enforcement of architectural standards. Specifically, a homeowner was denied a patio when patios proliferate within the community. This is but one of many examples. The board has indicated it will comply with the meeting but will not address homeowners on advice of counsel who fears potential litigation. Since no complaint has been file and, hence, no litigation exists, can they do this? Homeowners want answers.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

The affected homeowner has addressed the board many times, and exhausted the appeal process. The board stands firm.

Lawyer's Assistant: Have you talked to a VA lawyer about this?

No.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
3/28/2018
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,074
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney.

What will be discussed at the meeting if the board is saying that it will not discuss what the special meeting is to be about?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
Nothing. The board has agreed to meet, but has indicated the members will not participate.
Customer reply replied 3 months ago
I am at work and unable to speak freely by telephone. I am sorry.

We can continue here. So, is the board stating it will remain silent during the whole meeting or what is the board saying it will discuss?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
The board has indicated it will address questions on any topic except the reason the special meeting is being called. They have cited the advice of counsel, as potential litigation is feared on this issue. That being, the selective enforcement of community bylaws, and a complaint by a homeowner who was denied a patio.

I see. Generally, a board would have to carry out its fiduciary duty pursuant to the bylaws and other corporate documents or as per statute Not discussing the issue at the special meeting, even if recommended by counsel, could be considered a breach of the duty. It sounds like this would go to litigation in any event. Hence, possibly that is the reason counsel provided the advice to the board. It could appear that the board is not going to change the position it has held. Since minutes will be kept at the meeting, the meeting minutes would be used as evidence one way or another, for or against either party.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,074
Experience: Attorney. Well versed, understanding, friendly
Verified
DamienJD and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Agreed. Thanks very much. I'm grateful.

You are very welcome.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,074
5,074 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am in Scottsdale, AZ. - Which ARS law number specifies
I am in Scottsdale, AZ. - Which ARS law number specifies that no owner of a condominium can be kept from being on the board just because he/she lives outside the community? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,220 satisfied customers
I am a member and former director of a townhome HOA in
I am a member and former director of a townhome HOA in Texas. As I understand it, the Board can only conduct business at a regularly scheduled open session Board meeting, a specially called open Board… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
My HOA and I disagree as to whether wth complied with their
My HOA and I disagree as to whether wth complied with their approval as to the color of our new roof. We live in Virginia. Assuming we don't come to resolution, what is the max fine they can levy? If … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,220 satisfied customers
The HOA established speed humps in my neighborhood without a
The HOA established speed humps in my neighborhood without a letter notification to the residents. Is this legal? How many members have to be in a meeting to make that decision? … read more
DamienJD
DamienJD
Lawyer
5,074 satisfied customers
I live in a HOA Community. Several active realtors live
I live in a HOA Community. Several active realtors live here. Can a realtor serve on the HOA board and know about a HOA resident who is behind on property taxes the HOA board evicts the resident and a… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,220 satisfied customers
After the Hail Storm of 4-12-16, serious damage has occurred
After the Hail Storm of 4-12-16, serious damage has occurred to many homes in Helotes, TX and in my subdivision. Contracts have been let by some home owners pursuant to their owners insurance and repa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am member of Arc committee. I was told we cannot meet with
I am member of Arc committee. I was told we cannot meet with more then 2 members because 3 makes quorum. All our decisions are still subject to Buord approval. Is that the Florida statue. Ty… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
I live in Montgomery county in the state of Maryland. I
I live in Montgomery county in the state of Maryland. I am a new board of director at a HOA. HOA does not inform the Regular HOA meeting to the homeowners and a new committee (parking) does not inform… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The roofs in my Association are in the process of being
The roofs in my Association are in the process of being replaced. I am the homeowner of one town home unit in that Association. I am also the holder of the homeowner insurance policy (including the ro… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,220 satisfied customers
Our HOA is telling us to remove (they will not approve) privacy
Our HOA is telling us to remove (they will not approve) privacy trees along the side of our yard because it blocks they neighbors view of the water. However, the same type of trees are planted between… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Is an HOAs architectural committee allowed to approve a homeowners
Is an HOA's architectural committee allowed to approve a homeowner's land/hardscape design, meanwhile, denying another homeowner with similar, if not virtually identical design? Keeping in mind that t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
In Florida is there a legal requirement to distribute HOA revised
In Florida is there a legal requirement to distribute HOA revised ACC Rules & Regulations to owners within a certain time period before they can become effective?… read more
socrateaser
socrateaser
1,031 satisfied customers
Through our Community Management we placed an Architectural
Through our Community Management we placed an Architectural Request Application with the Architectural Committee of HOA for the removal of 3 overgrown voluntary trees behind the unit we own. With our … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
Does a board member of an HOA have the right to request a download
Does a board member of an HOA have the right to request a download of all e-mails from the management company relating to the HOA?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In a community that is 28 years old that has always been run
In a community that is 28 years old that has always been run by the homeowners via a board, no management company with specific bi-laws ect that say its homeowners and the architectural committee are … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in an HOA in Florida where the Architectural/Landscape
I live in an HOA in Florida where the Architectural/Landscape committee NEVER meets and claims they pass the request from one to the other (3 of the 5 board members are on the committee) without talki… read more
LawyerWriter
LawyerWriter
Doctoral Degree
161 satisfied customers
Is a Homeowners Association in Virginia permitted to hold
Is a Homeowner's Association in Virginia permitted to hold a private Board of Director's meeting to discuss a dispute between two named homeowners, or must all homeowners be invited and allowed to sit… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hi I live in Richmond, CA and my community is an HOA. The
Hi I live in Richmond, CA and my community is an HOA. The thing is though (big surprise) is that it is a complete failure. I know many homeowners who would prefer no HOA as they have failed in many of… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x