"Statute of Limitation​s" to sue a HOA in Virginia - seeking attorney representa​tion - any REFERRAL is most welcome...​thx

I along with eight (8) other Plaintiffs are seeking representation by an attorney licensed in Virginia for more than $200K in reimbursement expenses (2006-2009) paid by 66 condominium owners housed in four (4) individual buildings as a "special" assessment for the siding on 143 townhouses spanning ten (10) rows located in the same subdivision by name only. Note that 143 townhouse owners out number the 66 condominium owners so their is always disparity.

Both types of property, condominiums (apartments) are "horizontal", hence, governance under the Virginia "Condominium Act". Townhouses are "vertically" attached to one another, hence, governance under the Virginia "Property Owners Association Act". Obviously, in the 1980s, the Board of Supervisors and their "selected" Planning Commissioners were not up to date regarding Virginia statues in a rural county that basically had no multifamily housing at the time!

A corporation named Stafford Meadows, Inc. by virtue of the provisions of Chapter 1, Title 13.1, Code of Virginia 1950 was established and incorporated with the Commonwealth of Virginia State Corporation Commission on May 24, 1982 for the 143 townhouses built out from 1983-1987.

An additional corporation entitled Stafford Meadows II, Inc. by virtue of the provisions of Chapter 9, Title 13.1, Code of Virginia 1950 was established and incorporated with the Commonwealth of Virginia State Corporation Commission on August 17, 1988 for the 66 condominiums housed in four (4) buildings built out from 1988-1989.

As a side note, the 143 townhouses were initially approved as 218 apartments according to Stafford County Resolution 82-341 so this subdivision was built out and deeded incorrectly since its inception. According to the Virginia Corporate Commission records attained, there are two (2) corporations with different provisions under Title 13.1, Code of Virginia 1950, namely Chapter 1 and Chapter 9.

The condominiums should be in their own HOA because they have unique "common elements" like the roof and siding of a building plus "limited common elements" like stairwells. These 66 condominiums were incorporated but somehow illegally became Stafford Meadows, Inc. versus Stafford Meadows II, Inc.

A case was recently won in Illinois with just four (4) Plaintiffs in a similar circumstance which gave me the initial idea to contact the other condominium owners affected with the siding "special assessment" as Plaintiffs.

I have done all the research which includes extensive tabling of the siding project plus the other documentation that I have acquired and prepared for a case.

Links to an Appellate Court of Illinois case with the attorney contact information regarding a precedent using a similar practice are available:

http://caselaw.findlaw.com/il-court-of-appeals/1524985.html

http://www.state.il.us/court/Opinions/AppellateCourt/2010/1stDistrict/May/1091793.pdf

Thank you to all those who have been there and done this unique situation.

I know of one "Master Association" that has many individual associations under it. The individual associations range from million dollar, standalone homes on large lots to $50K condos in high rise buildings plus everything in between.

It can be done and does work.

From the cases cited, which refer to improvements to limited common elements, I would expect that the issue is the condominium owners paying to have the town home's siding replaced. Mind you VA courts may consider rulings from other States but they are not required to do so.

It certainly is a decent argument but I think it is going to boil down to the language used in the Associations governing documents as I don't see anything in the VA Condominium Act or the VA Property Owners' Association Act that addresses it (and both would be applicable).

Of course, if they win, the Town Home owners can use the same argument so they won't have to pitch in on any future structure maintenance/repair of the condominium building.

Paul, I would suggest you seek an attorney versed in contract law.