Monopolizing use of common area

Do you have rules in place along with a fining schedule?

As Va. Hassome unusual laws regarding the ability to fine I would ask if the power to issue violations and or fines can be found in your documents?

If so add some rules for dock behavior and fine them.

Sounds like the board needs to find some way of showing a backbone to control this owner's unacceptable behavior.

Nadine,

The Board needs to write a letter to the individual. Within the letter, include the following:

Citation of VA § 55-513 that specifies "the board of directors shall have the power to establish, adopt, and enforce rules and regulations with respect to use of the common areas."

Citation of your Articles of Corporation that specifies the Affairs of the Association are to be ran by the Board.

Citation of your Bylaws (which likely includes) the fact that the Board has the authority to establish rules and regs for the common area.

Provide the date of the meeting where the Board adopted this policy.

Provide the date that the policy was published and how it was published to the community (hopefully, it was more than a sign but an actual mailing of the adopted document).

Explain that the individual has the option, under statute and your governing documents, he may gather support in the form of signatures, and in accordance with the Bylaws (cite the section) and petition the Board to hold a meeting of the general membership for the purpose of repealing those rules.

We had a similar issue from a resident over assigned parking spaces. We sent a similar letter. They actually spent money on an attorney who verified that what we provided was accurate and within our authority. If I can find the letter I'll let you know.

BTW, untying the boat one night and setting it adrift might also send a message

Nadine,

I did locate the letter.

If you would like a copy, email me: [email protected]

BTW: This is how we ended the letter:

If you disagree with this decision, per the Virginia Property Owners Act, specifically 55-513, and the Associations governing documents, this resolution may be amended or repealed by a majority vote of the membership cast at a special meeting called for that purpose. If you desire to seek out this remedy, you would need to gather membership support and have 25% of the members (33 lots) sign a petition to call a special meeting for the purpose of amending (or repealing) the parking plan resolution. Once the petition is submitted to the Board (along with any proposed amendment), a special meeting of the membership will be called and the resolution will be amended, repealed or left as adopted, based on the majority of votes cast at that meeting.

As always, you are encouraged to attend any meeting of the Board of Directors. You are also encouraged to submit your name to be included on the list of nominees for election to the next Board of Directors.

I like the "Docking Fee!" Though untying it is pretty good too!

I appreciate your response.
The individual in question is an older gentleman. I think because he has been treating the pier as his private property the past few years, he now resents anyone telling him that he can no longer dock overnight at his convenience.
We have tried to reason with him, but he recently sent a long letter in which he stated 3 times that he would LOVE to be the "test case" and is trying to entice us to go to court! So threatening legal action would actually please him.

I got it and just responded.
As the email implies, I only look at that email when I'm at work.
Since I work shifts, the time I get it may be later then expected.

Look for my response

Tim

The 25% is from our governing documents (Bylaws) and is what is needed for a member to call a special meeting of the membership. If you are incorporated as a nonprofit (most association in VA are, but check to be sure), the Virginia Nonstock Corporation Act is also applicable. Per § 13.1-839 of that statute, members may call a meeting with only 20% however since the statute defers to the governing documents, it's 25% for my Association.

Hope this helps,

TIm

Make his dream come true!

This old fossil thinks he is going to charm the judge in a small claims court, unaware that you will be filing in a higher court that has jurisdiction to issue an injunction. Once he finds out that he is going to need an attorney who will want at least a $5,000 retainer he is going to regret being what he thinks is a "test case." He will be up against real attorneys citing real laws in their memoranda of points and authorities. I doubt that he is the first HOA resident to attempt to monopolize common areas, so this will be far from a test case. It will be a simple matter of applying existing statutory and common law to the facts. In the end, he will lose and pay for his foolishness through the nose.

So make him happy and let him have his day in court.