Emergency Board Meeting- Virginia Law

Started by KetanP • 6 replies • 1771 views

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KetanP (Virginia)
Posts: 22

Posted:

What is the Virginia law under which a Board can call for an emergency meeting overriding the guiding bylaws that require 15 days notice. Can the VA statue noted below over rule the bylaw
55-501.1, Notice, reasonable under the circumstances, of special or emergency meetings shall be given contemporaneously

SheliaH (Indiana)
Posts: 6,964

Posted:

If you want to know what the law says and how it may impact your HOA's documents, you're better off going to a private attorney. TimB4 is pretty good at Virginia HOA rules, so I'm sure he might have something to say.

In the meantime, what you've put up is rather thin - if this is all your Bylaws say about emergency meetings, I'm wondering why your board hasn't set some general guidelines as to why an emergency meeting would be called, e.g. a situation has arisen that can have a serious impact on community health and safety. I smell a backstory - what is your board trying to do?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Usually statutes do overrule bylaws. think most of us can see that an emergency nm meeting would be necessary occasionally. I think we've had 2 in three years., but we're a high rise with an onsite manager to whom we've delegated a lot. Ashe done's, for instance, have to call us directors into an emergency meeting is a big leak occurs.

Do you think your board uses the excuse of an "emergency" to keep from giving Owners proper notice for open meetings? I've heard such complaints before....

TimB4 (Tennessee)
Posts: 21,059

Posted:

Ketan,

I take it that you actually intended to say VA § 55-510.1.

The statute requires notice be given.
Your Bylaws specify a 15 day notice be given.
I find it odd that your Bylaws do not address emergency/special meetings of the Board (as our boiler plate Bylaws do).

If it is truly an emergency, then yes, the statute would supersede your Bylaws. However, there are very few real emergencies that would prevent providing proper notice. In my experience, true emergencies are typically handled as actions without meetings (as authorized under Virginia § 13.1-865.

May I ask what the emergency is that requires less notice then 15 days (as that would be the determination if the circumstances warrant less notice as authorized under the statute)?

I would also ask the nature of your concern and if your a member of the Board or not as the advice given to correct the issue would be different.

KetanP (Virginia)
Posts: 22

Posted:

Tim and all who replied,

Thank you for the response. I have consulted the associations counsel and I am proceeding as instructed. I cannot discuss the matter due to the legal issues but once things are under control, I will share my experience with the forum.

Thanks again for your always educating insights and support.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By KetanP on 06/02/2016 9:07 AM
What is the Virginia law under which a Board can call for an emergency meeting overriding the guiding bylaws that require 15 days notice. Can the VA statue noted below over rule the bylaw
55-501.1, Notice, reasonable under the circumstances, of special or emergency meetings shall be given contemporaneously

I could be wrong, but I believe the 15 days is for meetings of the Members, not meetings of the Board.

KerryL1 (California)
Posts: 14,550

Posted:

I suspect Richard is right, Ketan. The 15 days notice is for meetings of the members (homeowners). These usually are the annual meetings & elections, but can be others too.

With tim, I'm baffled that your bylaws do not discuss meetings of the board of directors. Assuming your HOA is incorporated, you then turn to VA corporations codes to see what kinds of board meetings there are. And you, of course, turn to any other relevant VA statutes such as you/Tim cited.

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