Inaccurate HOA disclosure package

Tim - Our parking resolution policy from 9 years ago was retired in favor of another revised parking resolution that was implemented 3 years ago. We've noticed that the disclosure packages were only showing the one from 9 years ago. What are the possible ramifications of this? Care to speculate?

Mike,

It would depend on what the difference is.

Since the parking area is common area, VA § 55-513 gives the Association the right to make rules regarding common areas. I suspect your governing documents provides this same authority. Therefore, I would simply send the new plan to everyone who purchased three years ago.

Obviously, as Fred pointed out, infractions to the parking rules should be given the benefit of the doubt until the Board knows the new plan has indeed been provided to everyone. I suspect you have already corrected the issue and only the new plan is now being provided in the packages.

One thing we are going to do this year is republish our governing documents to the membership. It will be a bit of expense but there have been enough amendments that we felt it's good to make sure everyone has the same set. You may want to consider doing the same.

Tim

Glen,

That's what should have been done.

The concern, if I understand it correctly, is that VA law binds the Association to any errors in the disclosure package. Therefore, if the Association said that there were no discrepancies of the governing documents on the property they can't go after the new owner for a shed or wrong paint colors that existed when the disclosure was issued.

An argument could be made that this would be the same for the governing documents. However, since documents can be amended, I believe that this is a minimal concern providing the updated documents are provided and any infractions prior to the member being notified be given additional time to correct.