Legal Question in Real Estate Law in Virginia

Voting by Mail

I'm on the Board of a Property Owners Association in Virginia. We are considering a Special Assessment. Our By-laws State "The Board of Directors shall not have the authority to levy special assessments; special assessments must have the approval of fifty (50) percent of eligible voting membership as set for in Article IV." (Art IV says if you're up to date with your dues, you can vote.) There are about 300 property owners in our community. Many don't live there. Many don't care. We would never be able to get 50% in one phsyical place at the same time to take a vote. One of our board members is insisting that the only way we can get 50% to vote yes is through a mail-in vote. We mail everyone a ballot, they mail it back with their vote. Is that a legal way of taking a vote?

This board member has also mentioned adding the provision that all ballots that are not returned are counted as a yes vote. Is that legal?

Thanks,


Asked on 7/27/99, 12:28 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Voting by Mail

Whether mail ballots or proxies are legal and under what circumstances will depend on the terms of the POA documents and the bylaws. The default is certainly that written proxies are legal, but there may be restrictions in the documents. Your POA should have a lawyer, and s/he should review them and advise.

As for a presumed yes vote, that will not be legal.

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Answered on 7/29/99, 3:51 pm


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