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RichardJ7 (Virginia)
Posts: 4
Posted:
Virginia Nonstock Corporation Act 13.1-814.1 C (i)(ii) mandates that the provisions of the bylaws of any community association in existence on or before January 1, 1986, shall continue to govern (i) the procedures for and election of the board of directors, (ii) the amendment of the bylaws...." Likewise, VNSCA 13.1-855 D requires "Directors be elected or appointed in the manner provided in the articles of incorporation." Virginia Property Owners' Association Act 55.1-1815 G requires "Meetings of the association shall be held in accordance with the provisions of the bylaws at least once each year after the formation of the association."
There is no evidentiary record or proof that the Ruxton Board of Directors followed association bylaws as prescribed by state laws referenced above, or as required in the association's bylaws for the election of directors. Besides electing a new board, what can be done to rectify this situation?

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