Legal Question in Real Estate Law in Virginia
Our Assn allocates votes and common expenses on a proportionate basis. My wife and I (owners) have three authorized (recorded) tenants but we were only provided 2 free key fobs for new security doors and elevators. We're being told we have to purchase the additional 3 key fobs ($20 per) for our tenants because the HOA's policy is two (equal) free key fobs per unit.
The same is true regarding storage space in the common storage facility 18 cubic feet for everyone; despite the fact I have a 1.3651 interest per the common element table of our By Laws.
Is that "consistent" or allowable under the Virginia Condo Act?
1 Answer from Attorneys
Yes, (in my opinion) if such policy accords with what's allowed under your association's bylaws which in turn are found to be in conformance with the Virginia Condo Act.
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