Legal Question in Real Estate Law in Virginia

Willfull Misconduct

Hi,

I'm a new member on the Board of Directors for an association of townhouse owners. We're self-governing and there are five directors, all volunteers. We haven't been audited for over five years, and as a new member, I insisted that the covenants and by-laws be followed. Turns out that the audit showed that our ''treasurer'' hadn't paid the monthly association assessment for over two years. Further, there is supposed to be a $25 penalty for non-payment. What should we do? How do you go about ''firing'' this rascal? Should we take him to court? This seems to be a case of ''willfull misconduct''. The secretary of our association says that for the past two years he's been on the board, the president has tried to get an audit done but the Treasurer has always had some excuse like ''I don't have time to get the paperwork in order''....

Thanks for your advice...


Asked on 11/18/03, 9:10 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Willfull Misconduct

You treat this "rascal" as you would any other member of the association who has become delinquent in his monthly fees or other assessments, i.e formal notice should issue with

the amounts which are due,including any penalties, and a due date by which all overdue payments and penalties must be received by the

association president or the appropriate enforcement action will be taken. Like placing a lien against his unit(s), and , if necessary, enforcing the lien through the sale of his property.

Also, unit owners, at some point should be informed of this situation, either through the aoociation newletter or other notices, so at the next round of voting for association officers, the members will have this information to inform

their balloting.

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Answered on 11/18/03, 10:15 am


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