'Why do [we] have ... a vendetta with the Board?'

We don't respond to anonymous comments — see rules at top of homepage. However, we thought one comment worth responding to. Anonymous wrote: "Why do you have such a vendetta with the Board? They're just volunteers and they are really nice people."

Board members are NOT "just volunteers." They sought the job. They were elected. They effect the value of roughly $110 million worth of real estate. Their actions, or lack thereof, effect the welfare of homeowners. They have duties defined by law. They may be held liable for bad decisions. Being "really nice people" is good, but not sufficient.

Plus, Board members have paid, professional help — the Management Agent and Association Counsel. It is the responsibility of Board members to utilize them effectively. If Board members did so, it would reduce the burden on them.

We have no "vendetta" with the Board or anyone else. Perhaps commenter should study the history of the Association — much of that is available in this blog. The Board, Management Agents and Association Counsel have had more than a decade to correct the problems we've brought to their attention.

In any case, requiring the Board of Directors and the Management Agent to abide by the Virginia Condominium Act and Association Bylaws cannot possibly constitute a "vendata."

Is email from shchoa@gmail.com an official notice from the Association?

When homeowners receive email from shchoa@gmail.com, who should they assume it's coming from — the Management Agent, Board, President?

When homeowners send email to shchoa@gmail.com, does it go directly to the Management Agent, Board, President?

Homeowners must be able to distinguish official communications from those that are not official. An individual board member has no individual management authority simply by  virtue of being a member of the board.

We have yet to receive a response to this issue from the Management Agent.

In an attempt to get a determination, today, pursuant to Virginia Condominium Act § 55-79.74:1, we requested a digital copy of all email to and from shchoa@gmail.com for calendar year 2014.

Minutes of annual meeting should be approved at next meeting of executive board or committee

 Jim Slaughter, attorney at law, writes:

If your organization follows Robert’s Rules of Order Newly Revised (11th Edition) because of state statute or language in the governing documents, the general rule is this: bodies that meet less often than quarterly don’t approve minutes ...

The recommended practice for annual meetings of members is that the executive board or a committee (sometimes called a “Minutes Approval Committee”) should be authorized to approve the record shortly after the meeting.  While the entire organization can always revisit the minutes the following year, this process allows the organization to have official minutes without waiting 12 months.

Minutes are a record of what was done at a meeting, not what was said. Robert's Rules of Order provide instructions for preparing minutes.

§ 2.2-3707 Section I states: "Minutes, including draft minutes, and all other records of open meetings, including audio or audio/visual records shall be deemed public records and subject to the provisions of this chapter."

A no-fines delinquency collection policy

Richard White, an attorney we presume, would require that any owner who does not pay on time receive a collection letter when the unit is 10 days delinquent. Another letter would be sent when the account is 30 days delinquent and a certified final letter sent when the account is 40 days delinquent.

If the owner does not pay, the matter needs to be turned over to an attorney to file a lien. If the lien is not paid within 30 to 60 days the attorney should be instructed to start foreclosure. If it is properly filed, then the courts should have a final foreclosure notice in 60 to 90 days. If your board or your attorney is sitting on the paperwork any longer, I consider them negligent in their duties.

A caveat: If you haven’t had collection activities for one year against a delinquent owner, then the board cannot collect that delinquent account.

What insurance coverage do homeowners need?

Southampton Bylaws Article XII, Section 3 recommends that unit owners obtain a “Tenants’s Homeowners Policy” with a “Unit Owner’s Endorsement” or equivalent.

Virginia Condominium Act § 55-79.81. states:

C. When any policy of insurance has been obtained by or on behalf of the unit owners' association, written notice of the obtainment thereof and of any subsequent changes therein or termination thereof shall be promptly furnished to each unit owner by the officer required to send notices of meetings of the unit owners' association. Such notices shall be sent in accordance with the provisions of subsection A of § 55-79.75.

We don't recall receiving notice of changes to the Association's master policy in many years.

Is a “Tenants’s Homeowners Policy” with a “Unit Owner’s Endorsement” or equivalent still sufficient?