Legal Question in Real Estate Law in Virginia
My Homeowners' Association is a non-stock corporation located in Virginia. I am aware of our HOA's governing documents and the hierarchy of each, but would like confirmation on which Virginia State Codes apply to our HOA and the hierarchy of those Codes.
My specific reason for asking is that two of the Commonwealth of Virginia's codes appear to conflict with each other.
The Property Owners' Association Act (Title 55, Chapter 26, � 55-510.1) states:
"Notice of the time, date and place of each meeting of the board of directors or of any subcommittee or other committee thereof shall be published where it is reasonably calculated to be available to a majority of the lot owners."
The Nonstock Corporation Act (Title 13.1, Chapter 10, � 13.1-866) states:
"Unless the articles of incorporation or bylaws provide otherwise, regular meetings of the board of
directors may be held without notice of the date, time, place, or purpose of the meeting."
1 Answer from Attorneys
The POA Act controls on this issue. Board meetings need to be open to members and notice must be provided so that it is reasonably calculated to reach most members. This does not require a formal mailed notice like that required for annual and special member meetings. Including meeting dates, times and locations in a newsletter, on a visible sign in the neighborhood or in an email to members (or other similar notification) will suffice. However, if a particular member requests to be mailed notice of meetings that request should be honored.
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