Virginia’s legislature is poised to pass a bill that would allow homeowners associations to charge fines

"Virginia’s legislature is poised to pass a bill that would allow homeowners associations to charge fines not laid out in their declarations. . . .

"On Monday, a Senate committee approved a bill that would allow such fines for violations of an association’s rules as long as the declaration does not explicitly ban them. Under another, such fines are limited to $10 each day of a violation for 90 days or a one-time $50 charge. The bill would require that “a reasonable opportunity” to correct the violation be given as well as a hearing before the association board."

Also see "The Virginia HOA Power Grab"

Tips for election of condominium directors

The election held last October was at the least severely flawed if not unlawful.

Pursuant to the Condominium Act § 55-79.77.D, "votes appertaining to any unit may be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner, or, in cases where the unit owner is more than one person, by or on behalf of all such persons."

At the 2013 Annual Meeting, homeowners were denied the opportunity to cast a vote for the candidate of their choice because the proxies issued did not specify any candidates for election. Indeed the proxies were issued concurrently with the call for candidates!

Here are a few tips for having a successful election from the law firm of Inman & Stickler. Here is the election process recommended by the Pavese Law Firm of Florida.

Under what circumstances must a condominium election be voided and redone?

In Florida, under the administrative rules [Chapter 61B-23, Fla. Admin. Code] there are three situations that in and of themselves would render an election null and void. They are:

1- Rule 61B-23.0021(4) …Failure to follow the procedures for giving the first notice of the date of the election shall require the association to conduct a new election, if the election has been conducted… 

2- Rule 61B-23.0021(7) …The failure of an association to mail, transmit or personally deliver a copy of a timely delivered information sheet of each eligible candidate to the eligible voters shall require the association to mail, transmit, or deliver an amended second notice, which shall explain the need for the amended notice and include the information within the time required by this rule… 

3- Rule 61B-23.0021(9) … The failure of the written ballot to indicate the name of each eligible person shall require the association to mail, transmit, or deliver an amended second notice, which shall explain the need for the amended notice and include a revised ballot with the names of all eligible persons within the time required by this rule…

If Virginia law is similar to Florida law, the Southampton election held last October must be voided.