Question:
I have a mew condo in Virginia.
Declarant period ended in December 2022 yet the declarant board of directors has not followed the condo instruments and called a meeting to elect unit owner directors.
Is there an expedited way to cause a meeting to occur to elect unit owners to the BoD?
– William
Answer:
Hi William,
According to the Virginia Condominium Act Section 55.1-1915(A), the declarant and all unit owners must comply with all provisions of the condominium instruments. Lack of compliance may be grounds for recovering sums due for damages. You may bring this up with the declarant board and remind them of their duty to elect a new board in accordance with the governing documents.
Apart from this, kindly review the governing documents to see if and how the homeowners may hold a special meeting to elect the board. There may also be provisions in the governing documents concerning developer turnover.
In addition, if your HOA is organized as a nonstock corporation, it is subject to The Virginia Nonstock Corporation Act Section 13.1-839(A)(2), which states that if the bylaws or articles do not indicate who may call a special meeting, the members having one-twentieth of the votes entitled to be cast at the meeting may call a special meeting.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
