Legal Question in Real Estate Law in Virginia
Poa member rights
(1)from a reading of the code of virginia section 55-510 (property owners association act) i understand that as a member of my subdivisions' poa i have the right to request to be allowed to copy a list of the names and addresses of members of the poa. When i requested it of our board of directors they said they did not have to permit me to make a copy. What are my rights in this regards.
(2) our covenants state that ''no out buildings'' - lawn storage buildings are permitted. However, the former boards of directors waived that provision and started allowing the constructions of lawn storage buildings upon approval of the board - in a neighborhood of 100 homes their currently exist 20+, the current board now says that they will not allow any further - that they feel it is their job to enforce the covenants as written - my questions is that since previous boards allowed these and they exist - can this board refuse any further
1 Answer from Attorneys
Re: Poa member rights
Title 55-510(B)requires that membership lists with addresses of members of the POA are to be made available to any member in good standing of the association who has made a request "for a proper purpose related to his membership in the association", and has given the appopriate amount of advance notice for the request(5 business days)
and is prepared to exercise the request during the period in which the POA normally conducts its daily business. Sec. 505(B)also conditions this right of access on any limitations detailed in Sec. 505(C) of the statute.
It may that the Board has decided that your request for access is not for a proper purpose related to your association membership or for one of the other reasons mentioned above is denying you access to the membership lists.
The answer to your second question is yes, the new board is not bound by the waiver of their predecessors(in allowing for the structures you've described) and they may enforce the covenants as they are written.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
