challenge of CCR's

In the state of Virginia the property owners law states that the filed CCR's must be challenged within a year..or they stand. The current CCR's that are filed at the courthouse are not valid because during the process several fatal errors occured. Wording from the mailout for signatures was changed and only a portion of the people were notified(by email with a message that the general idea of the covenant change remained the same). The rest of the property owners have no idea that the change was made. The copy that is filed at the courthouse has several changed words and one omitted word that make a big differance in the content. The list of property owners that needed to sign was not accurate. There are other problems with the process, but the ones I've listed above give you an idea of the problems.
The content is flawed as well. Virginia law is clear that membership is by numbered lot in the subdivision. There are 42 residential lots in our subdivision. They are on the plat...clearly listed. The current BOD advised the property owners that there are only 31 lots because the first meeting back in 1975 stated that there were 31 members..that was true because that's the number of lots sold at that time. The CCR filed at the courthouse states there are only 31 lots that have to pay assessments. The other lots, 5 are owned by one person, 6 by another..they pay on "road usage fee"..no special assessments. That's the loss of quite a bit of revenue.
My question is..What's considered a challenge? 12 property owners have written letters, voiced complaints, and are at our wits end. Must the challenge be done in the courts? The date filed was Nov. 2006..the majority of the property owners signed the changes, and the BOD continues to forcefully have them believing they know what they are doing.
Thanks,
Maryb

Joe: never heard of a state having a titled, real live person on hand to 'help' with HOA problems. How many states have a Community Association Liaison? and what might their credentials be?

Thanks to all who have responded. In the past I have spoken to Cynthia. She is very nice and told me to get an attorney, one who understood association law. We live about 1 1/2 hours out of the major cities of Richmond, Fredericksburg and Williamsburg..about 3 hours out of Va Beach. I contacted the group in VA Beach and they told us to try and find someone closer because it would be so expensive for them to travel here. There are no such lawyers in our area. We paid a local contract attorney,who said he understood homeowner association law, $2.500..he did all the research, had us do a lot of it ourselves..told us the CCRs are as good as a blank piece of paper. The process was flawed and illegal in about 5 different ways, the content is absolutely illegal..from changing the membership thru removing land use of one horse per lot. He told us to try and get on the board..and if that didn't work to carry on like there were no new ccrs..so we are in the process of setting up for 2 horses(according to our earlier plans)we own 2 lots)and let them come after us...it's cheaper to countersue than to sue...anyway 2 from our group did get on the board...there were a total of 5 on the board..3 would meet on the road..decide to do a mailout and then inform the President and Director(our guys) that they had done so because they were the majority. The Pres and Director just quit. Now the battle will continue on Sat. when they have a meeting to put the by laws in the same order as the covenants. They have convinced the majority of property owners that they know what they are doing..the attorney that they say they used..did so for free...ya think?
Any one know of a good CAI attorney anywhere close to Lancaster County VA? This situation is getting desperate and Cynthia can't give out names...
Thanks,
Maryb

Thanks!! I will rally the troops..will not take much...and give them a call and see if we can either send a packet of documents..and/or go in for an appointment. I think Glen Allen is probably the closest. I don't think any of the HOA's in our country use an MC..at least none that I know of and I know lots of people that are in HOA's.
I will keep you posted as this saga continues.
Maryb