What is the name of your state (only U.S. law)? VA
We have been paying a "flat fee" as long as I have been an owner. Recently a question about how to go about paying an up-and-coming special assessment led to a review of the master documents. The current HOA board spotted in the Community's Declaration that assessments were to be drawn by a percentage interest in the common elements. The Declaration was signed and notarized in 1985. This led to a legal review of the documents and yielded an opinion by the HOA counsel that we need to start assessing fees by percentage interest effective immediately. This discovery and communication thereof was disseminated thru postal mail services.
At the next month's HOA meeting, a large group of homeowners' were in attendance to discuss (and dispute) the recent proposal with the Board and the HOA attorney. During the Q & A, one lady who had been an owner since the very beginning had a journal (with dates) recording the early HOA meeting in 1986. She said that the Declarant (at the time possessed 130+ units) and a few other homeowners made an amendment to the Declaration, choosing to use a "flat rate" rather than percentage interest in drawing up assessments. That amendment passed with the Declarant present and it passed with more than 66 2/3% of the vote. This record recited by the homeowner was news to the HOA board and they did not have these documents during the decision making process. Later in the meeting, a question of the amendments' lawfulness was put into question. At this juncture, we are in need to review the Condominium Act of Virginia to determine what will be the final outcome of this situation.
The Code of Virginia is found in § 55-79.71 Titled, "Condominium Instruments" I would like to challenge anyone in the forum willing to use the current information to assess the lawfulness of the Amendment to the Declaration. Thank you very much!
We have been paying a "flat fee" as long as I have been an owner. Recently a question about how to go about paying an up-and-coming special assessment led to a review of the master documents. The current HOA board spotted in the Community's Declaration that assessments were to be drawn by a percentage interest in the common elements. The Declaration was signed and notarized in 1985. This led to a legal review of the documents and yielded an opinion by the HOA counsel that we need to start assessing fees by percentage interest effective immediately. This discovery and communication thereof was disseminated thru postal mail services.
At the next month's HOA meeting, a large group of homeowners' were in attendance to discuss (and dispute) the recent proposal with the Board and the HOA attorney. During the Q & A, one lady who had been an owner since the very beginning had a journal (with dates) recording the early HOA meeting in 1986. She said that the Declarant (at the time possessed 130+ units) and a few other homeowners made an amendment to the Declaration, choosing to use a "flat rate" rather than percentage interest in drawing up assessments. That amendment passed with the Declarant present and it passed with more than 66 2/3% of the vote. This record recited by the homeowner was news to the HOA board and they did not have these documents during the decision making process. Later in the meeting, a question of the amendments' lawfulness was put into question. At this juncture, we are in need to review the Condominium Act of Virginia to determine what will be the final outcome of this situation.
The Code of Virginia is found in § 55-79.71 Titled, "Condominium Instruments" I would like to challenge anyone in the forum willing to use the current information to assess the lawfulness of the Amendment to the Declaration. Thank you very much!