A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

When is 2/3 vote from homeowners required in VA?

Started by ShannonS6 • 8 replies • 1096 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ShannonS6 (Virginia)
Posts: 3
Posted:

We are a new community in Loudoun County VA and our HOA installed speed humps without input (how many / location) from homeowners. Since we are a new development our CC&R's don't address this topic directly, I was wondering if anyone knows generally if the board can act without input from homeowners especially when installing speed humps (on private roads).

The HOA took advice from the paving company and did not take into consideration VDOT guidelines.

Thoughts on this - thank you!
TimB4 (Tennessee)
Posts: 21,062
Posted:
It is my understanding that, unless your governing documents say otherwise, the Board has broad authority over common areas.

I agree that it would have been nice for your board to seek input from members. If you didn't attend annual meetings, perhaps they did seek input at the meetings. Unfortunately, your board didn't do that.

I know that this is not what you wanted to hear.

Unless you gather support and replace those currently serving out of office, I seriously doubt the speed bumps will be removed.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By ShannonS6 on 10/30/2017 1:29 PM

We are a new community in Loudoun County VA and our HOA installed speed humps without input (how many / location) from homeowners. Since we are a new development our CC&R's don't address this topic directly, I was wondering if anyone knows generally if the board can act without input from homeowners especially when installing speed humps (on private roads).

The HOA took advice from the paving company and did not take into consideration VDOT guidelines.

Thoughts on this - thank you!


Welcome to the forum!

If you are Private Roads owned by the HOA then the HOA Board can make many such changes for your Private Property (a.k.a. Private Roads). The question would be does VDOT Guidelines apply to "private property"? Also, did the HOA discuss with any of your various "Emergency Service" departments?
ShannonS6 (Virginia)
Posts: 3
Posted:
Thank you for your comments -- 2/3 vote is required if changes are made to amenities in the common area (ie, change playground equipment etc.), so I'm just trying to figure out if streets are covered in the common area.

Sounds like this is not an easy answer, so I may need to seek legal guidance.

Thanks again for helping!
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By ShannonS6 on 11/02/2017 1:37 PM
Thank you for your comments -- 2/3 vote is required if changes are made to amenities in the common area (ie, change playground equipment etc.), so I'm just trying to figure out if streets are covered in the common area.

Is that in your governing documents?

I ask, because I've never seen a Virginia statute specify that.
KerryL1 (California)
Posts: 14,550
Posted:
Is your HOA still controlled by the developer (declarant), Shannon?

Can you supply the exact wording about "changes" to the common area amenities needing 2/3 Owner approval? And what document it's in?
KerryL1 (California)
Posts: 14,550
Posted:
Is your HOA still controlled by the developer (declarant), Shannon?

Can you supply the exact wording about "changes" to the common area amenities needing 2/3 Owner approval? And what document it's in?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By ShannonS6 on 11/02/2017 1:37 PM
Thank you for your comments -- 2/3 vote is required if changes are made to amenities in the common area (ie, change playground equipment etc.), so I'm just trying to figure out if streets are covered in the common area.

Sounds like this is not an easy answer, so I may need to seek legal guidance.

Thanks again for helping!


If your streets are OWNED by the HOA and not your Local Government ... then they are "Common Area" . Common Area is any property owned by the Association which assessments are charged to maintain and improve.
ShannonS6 (Virginia)
Posts: 3
Posted:
To answer the questions --

1. It could be in the governing documents - It is just not clearly written and I'm not versed enough to read thru the lines.

2. It states that 2/3 vote is required for changes to the playground equipment in several of the distributed minutes

3. We are no longer under development control

4. Thanks for clarifying that the roads are also common area - it seemed like common sense to me, but sometimes you never know.

5. I went ahead and reached out to an attorney to help clarify.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement