Sunday, June 22, 2014

Drawing for assessment free month violates the Virginia Condominium Act

At the 2013 Annual Meeting, two names were drawn and the lucky homeowners were relieved of one month's assessment. We can't find any authorization for the drawing in the Minutes of Board Meetings. Moreover, relieving any homeowner of paying the monthly assessment violates the Virginia Condominium Act.  Specifically:

§ 55-79.83. Liability for common expenses: “shall be assessed against the condominium units in proportion to the number of votes in the unit owners' association appertaining to each such unit”

§ 55-79.71. Amendment of condominium instruments: “Except to the extent expressly permitted or expressly required by other provisions of this chapter, … no amendment to the condominium instruments shall change … (iii) the liability for common expenses”

We're reminded of another withdrawal from Association funds without Board authorization — to defend two Board members in a criminal case filed by the Arlington County Attorney.

On July 1, 2014 we learned that the lucky winners of the 2013 Annual Meeting lottery were Feketekuty in Unit 706A who received $349, and Crouch in Unit 708B who received $392.

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