Since (1) there is no conflict between the Virginia Condominium Act, § 55-79.71, and Condominium Bylaws, ARTICLE XIV, Section 1, and (2) because § 55-79.51 states "particular provisions shall control more general provisions," the Bylaws "shall control”.The Condominium Act is silent on how “agreement of unit owners of units to which two-thirds of the votes in the unit owners' association” is to be obtained.
The Bylaws require that (1) voting take place "at any meeting of the members duly called for such purpose", and (2) a "description of any proposed amendment shall accompany the notice of any regular or special meeting at which such proposed amendment is to be voted upon".
The letter did not “accompany the notice of any regular or special meeting”. It does not require that members vote "at any meeting of the members duly called for such purpose”.
The Southampton Condominium Association has long been advised by David S. Mercer and/or Lucia Anna Trigiani of the law firm MercerTrigiani. Despite many attempts since October 1999 to get David S. Mercer and/or Lucia Anna Trigiani to provide the legal basis for advising the Association to ignore the Bylaws, no response has been forthcoming.
Three Bylaws have been amended using procedures devised by David S. Mercer and/or Lucia Anna Trigiani.
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1 – "Notice requirements must be observed." — Janie L. Rhoads, MercerTrigiani
2 – "We could not brook a contract law that accommodated the parties' weaving in and out of a contract as the vicissitudes of their transactional interests and positions changed over time." — Peter A. Alces, William & Mary Law School
3 – "... it’s important to follow the process outlined in your amendments clause in order to modify the existing contract." — Gavin Johnson, inVigor Law Group PLLC
4 – "Legal Duties of Association Board Members," — Jeffrey S. Tenenbaum Esq. , Venable LLP
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