[VA] What legal risks does a condo board member face when circulating a letter about board policy violations?

VA Real Estate Law

Queeneth E. Esq

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There is one helpful Virginia point in your favor: condominium boards must provide a reasonable, effective, and free method for unit owners to communicate among themselves and with the board about association matters, and the board generally may not require prior approval of the content of that material unless the condo instruments say otherwise. Also, the specific concerns you described are at least grounded enough to raise carefully:

Virginia's condo statute says executive board meetings where association business is discussed or transacted must be open to owners, and the board may not use work sessions or informal gatherings to circumvent the open-meeting rule. The same section says voting by secret or written ballot in an open meeting violates the chapter, except for election of officers. A "no response within 72 hours counts as yes" rule is not something I would describe as clearly lawful in a resident letter. Executive session is limited to specific topics, and no action adopted in executive session becomes effective unless the board reconvenes in open meeting and votes there with the substance reasonably identified. So from a risk standpoint, the safest approach is: do not accuse people of corruption, fraud, or criminal conduct. Instead, say you have documented concerns that certain board practices may be inconsistent with Va. Code § 55.1-1949 and then describe the practices factually.

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I've recently become a board member on my condo's HOA and have become aware of some pretty shady practices. I've tried bringing the issues to the attention of the president and other board members; however, they don't seem to care or have any regard for the Virginia condo laws. I had the support of one of the other board members, and at this point I was going to create a letter to circulate and post on each of the unit doors to alert the residents and rally support. I want to have my letter reviewed to make sure that I'm not putting myself at any legal risk or causing defamation to anybody.

Lexi, Chatbot

I understand how concerning it can be to navigate issues within your condo's HOA. Have you documented the specific practices that you believe are in violation of Virginia condo laws?

Yes, one issue that was communicated by the president via email: she wanted to create a new rule that would require a board member to vote on an issue via email within 72 hours, and if they didn't respond within 72 hours, that lack of response would automatically be considered a yes vote. The other issue is that they have decided to no longer hold monthly meetings; however, they are holding bimonthly meetings, and in between, holding unofficial meetings to discuss condo issues. Also, they have been voting on issues during executive session, which, from my understanding, is only meant to be used to discuss sensitive topics, but voting should be done in an open meeting.

Lexi, Chatbot

Have you discussed your concerns with any legal professionals or sought advice on how to proceed with your letter?

No.

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your legal risks.

No.

Queeneth E. Esq

Hello and welcome to our service. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today.

Queeneth E. Esq

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