Legal Question in Real Estate Law in Virginia

Associations

approx two years ago a friend of mine and I purchased a townhome preconstruction. Just 6 months ago an assoc board was voted in, and rules were established, without vote. One of the rules we have is in referance to parking. We all have what is termed as an ''oversize'' garage, they must have thought they were in europe, because this garage barely holds one US car. Plus we each have a drive that you can just squeeze 2 cars in. Since taxes, along with property values, have gone thru the roof, we have had to take on two tenets the help with the cost of living here. Now, the board has come up with these parking rules, that allow only guests to park in the numerous parking spaces we have. They have also restricted the amount of time a visitor may park...i.e if i have a friend that visits for a month, we are in violation because the board has restricted the amount of time they can park. This seems unresonable to me...plus, it is jepordizing by abiltiy to even afford to live there. How legal is all this...and would any type of petition by the other owners help. There is no type of documentation on how to dispute a rule in our community.

thx


Asked on 7/03/05, 3:58 am

2 Answers from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Associations

Association Rules & how to challenge them may be in your Covenants. Certainly a petition to reconsider is possible. If the rule was established in accordance with these covenants, it may be valid, unless rescinded. Requiring residents to park in their driveway or garage and not in the designated spaces, may not be a valid exercise of authority. You should have an attorney review the HOA documents.

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Answered on 7/05/05, 3:54 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Associations

Probably, all quite legal. If you're an owner of one of the units, you can certainly write a letter to the Board advising them of your concerns or even present an ad hoc petition of sorts with the names of fellow unit owners and with a list of your collective issues and proposals for changes/solutions, if any.

The Board, also, will very likely schedule at least one meeting during the year which owners will be invited to attend and to air whatever concerns and issues which they may have.

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Answered on 7/03/05, 6:16 am


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