VIA CERTIFIED MAIL RETURN RECEIPT
David S. Mercer
MercerTrigiani
112 South Alfred Street
Alexandria, Virginia 22314
Dear Mr. Mercer
At the Annual Meeting of the Southampton Condominium Association, which you represent, then Chair Michael Pickford announced the initiation of a Bylaw Amendment procedure extending several weeks that you recommended — a procedure different from that in the Association Bylaws. Your recommended procedure, while consistent with the Virginia Condominium Act § 55-79.71 (Act) , is a breach of the Association Bylaws. Unless the Association Bylaws are in conflict with the Act, the Bylaws shall control.
Association Bylaws, ARTICLE XIV, Section 1 states:
These Bylaws may be amended by affirmative vote of members representing two-thirds (2/3) of the total outstanding votes of the Condominiums at any meeting of the members duly called for such purpose, and shall become effective only upon the recordation among the land records for Arlington County, Virginia, of an amendment to such Bylaws and only after thirty (30) days prior written notice to the institutional holders of all first mortgages on the Units in the Condominium. Amendments may be proposed by the Board of Directors or by petition signed by members representing at least twenty-five per-cent (25%) of the total votes of the Condominium. 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.
Association Bylaws, ARTICLE XV, Section 2 states:
These Bylaws are subordinate and subject to all provisions of the Declaration and to the provisions of the Condominium Act. In the event of any conflict between these Bylaws and the Declaration, the provisions of the Declaration shall control; and in the event of any conflict between the Declaration and the Condominium Act, the provisions of the Act shall control.
There is no conflict between the Virginia Condominium Act, § 55-79.71 and Association Bylaws, ARTICLE XIV, Section 1, therefore, the Association Bylaws shall control.
Using your logic, every agreement would reduce to the bare minimum required by law — a result that is clearly absurd.
If you disagree, please join me in obtaining a Declaratory Ruling
Sincerely yours,
Enver Masud
Email:
Board of Directors, Southampton Condominium Association
Tom Markell, Management Agent , Southampton Condominium Association
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