RitaS5 (Virginia)
Posts: 1
Posts: 1
Posted:
Our Board of Directors are talking to an attorney and have supplies him with changes they want to make to
the governing documents of our HOA. What are the fees/cost for this in Virginia?
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cost to change HOA documents in Virginia
Started by RitaS5 • 6 replies • 346 views
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Our Board of Directors are talking to an attorney and have supplies him with changes they want to make to
the governing documents of our HOA. What are the fees/cost for this in Virginia?
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By RitaS5 on 04/22/2022 1:36 PM
Our Board of Directors are talking to an attorney and have supplies him with changes they want to make to
the governing documents of our HOA. What are the fees/cost for this in Virginia?
Our Board of Directors are talking to an attorney and have supplies him with changes they want to make to
the governing documents of our HOA. What are the fees/cost for this in Virginia?
While more information is needed as to the changes, typically a BOD alone cannot make changes. The changes typically have to be approved by a majority of all owners.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 04/22/2022 2:34 PM
Posted By RitaS5 on 04/22/2022 1:36 PM
Our Board of Directors are talking to an attorney and have supplies him with changes they want to make to
the governing documents of our HOA. What are the fees/cost for this in Virginia?
Our Board of Directors are talking to an attorney and have supplies him with changes they want to make to
the governing documents of our HOA. What are the fees/cost for this in Virginia?
While more information is needed as to the changes, typically a BOD alone cannot make changes. The changes typically have to be approved by a majority of all owners.
ADD ON
Typically changes will cost several thousands of dollars. Some as high as $8,000.00
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Why don't you ask the attorney? You're paying for the attorney's time in research, drafting the changes, revisions after the board has reviewed them, etc. Depending on the extent of the changes you want, this can be very expensive, as John noted. That should be part of any discussions you have with the attorney before you dive in.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
The costs vary. This is also not something you need an attorney on retainer for either. The type of lawyer you need also can vary. Most would recommend a HOA specialist but you can get by with a Real Estate/General lawyer versed in contracts/corporate laws. They will charge for their services from Text to Consult. Be prepared to assign 1 person to be the POC to save cost/money/confusion.
Your county/state may require a filing fee. Ours was about $750 to file. It did require an attorney and majority vote of the owners. This majority can be as little as 51% to 100%. Our By-laws/Articles were 75% and our CC&R's 90%. They can be different. By-laws don't always have to be filed in some states just the CC&R's and Articles of Incorporation since they are considered PUBLIC documents.
It will take time. Our rules also had us needing a special meeting to cast our votes. That was not going to work. So the lawyer drafted another proxie letting people give up that right to cast a vote at a special meeting. That freed us up to go door to door if we choose.
We just had the changes we were making put onto a short memo instead of forcing people to read the entire documents. Just highlighting the changes planning on making. That was to eliminate all references to the builder and our new water meter set up. We also changed the number of people on the board from 9 to 5. Small but significant changes.
Be prepared to spend money on the lawyer, filing fees, copy expenses, and other paperwork expenses. A good estimate can be from $2K to $8K.
Your county/state may require a filing fee. Ours was about $750 to file. It did require an attorney and majority vote of the owners. This majority can be as little as 51% to 100%. Our By-laws/Articles were 75% and our CC&R's 90%. They can be different. By-laws don't always have to be filed in some states just the CC&R's and Articles of Incorporation since they are considered PUBLIC documents.
It will take time. Our rules also had us needing a special meeting to cast our votes. That was not going to work. So the lawyer drafted another proxie letting people give up that right to cast a vote at a special meeting. That freed us up to go door to door if we choose.
We just had the changes we were making put onto a short memo instead of forcing people to read the entire documents. Just highlighting the changes planning on making. That was to eliminate all references to the builder and our new water meter set up. We also changed the number of people on the board from 9 to 5. Small but significant changes.
Be prepared to spend money on the lawyer, filing fees, copy expenses, and other paperwork expenses. A good estimate can be from $2K to $8K.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
The cost will depend on how detailed & extensive the changes are and how complex your association is. Our CC&Rs, for instance were 93 pages & an Exhibit, and our revisions, out with voters, are 77 pages. The length is due in part because we're a mixed, condo/commercial assn. We also have there sets of reserves, blah, blah. But others may be much shorter and really only need updating.
How many units or homes are there? How old are your CC&Rs? Sounds like the Board wants to change the Bylaws too?
It also sounds like you're an interested owners and not on the board. Do you have concerns, Rita? what are they? do you feel a lot of work needs to be done, or a little.
VA has quite a lot of legislation that Associations must adhere to. For that reason, It seems best that the Board hire an attorney specializing in HOA law, NOT real estate or general contract law.
In addition, VA may require that the entire documents be supplied to owners for their votes as is required in CA. These can be at a web site vs. sent in the mail.
How many units or homes are there? How old are your CC&Rs? Sounds like the Board wants to change the Bylaws too?
It also sounds like you're an interested owners and not on the board. Do you have concerns, Rita? what are they? do you feel a lot of work needs to be done, or a little.
VA has quite a lot of legislation that Associations must adhere to. For that reason, It seems best that the Board hire an attorney specializing in HOA law, NOT real estate or general contract law.
In addition, VA may require that the entire documents be supplied to owners for their votes as is required in CA. These can be at a web site vs. sent in the mail.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Depends who does the work.
A paralegal in Northern VA would be charged at around $150 to $200 an hour.
A full attorney, between $300 and $600 an hour
If the Board has done a lot of the work, the cost of a review is minimized.
If the board has not done a lot of the work, the cost can be a lot.
A lot of the work means a full draft of the document (or section of the document) that they want changed. With the appropriate legalize (which most can get done if they put in some research time).
A paralegal in Northern VA would be charged at around $150 to $200 an hour.
A full attorney, between $300 and $600 an hour
If the Board has done a lot of the work, the cost of a review is minimized.
If the board has not done a lot of the work, the cost can be a lot.
A lot of the work means a full draft of the document (or section of the document) that they want changed. With the appropriate legalize (which most can get done if they put in some research time).
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