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BruceC2 (Virginia)
Posts: 54
Posted:
OPTION 1: Vdot of which 50% will be paid by the county through Federal money. Problem Restrictions are 15ft short of what VDOT wants from the middle of the road. This is a deeded right of way which means all 55 homeowners have to deed the right of way. An escrow agreement would have to be signed also to pay the other
50% the problem is any homeowner can refuse and stop this course.A vote on DEC 28 showed 25 in support 8 not this leaves 22 to have to account for what they would do. I have already had our county board supervisor in the meeting,I have already had talked to the county attorney and the VDOT Engineer without 100% approval of the land owners this is no longer an option.

OPTION 2: Raise the road funds: According to what I have found in 1981 the road fund was 35.00 in 1989 it was increased to 75.00 with the stipulation that it would never be raised again as seen from time to time, meaning a 3/4 a majority to raise the road fund.

OPITION 3: The Fidicuary duties is to make sure that the roads have sufficent funding if 1 and 2 are no longer an association an option then the Board has to except responsibilty (SPECIAL ASSESSENT) The Articles I have Posted Refer to controlling Documents and Members and Voting Rights. Thed information I get from this site only and only gives me more clearer questions to ask our HOA/POA ONLY ATTORNEYS by our meetings week after next. THIS LEADS to more questions about our controlling documents please see pages 1-10 for possible info.

CraigB1 (Virginia)
Posts: 4
Posted:
Bruce, It appears that option 3 is your best approach to get some road work started. The VDOT approach has its appeal to many of us but getting 100% of members to agree is a show stopper. Option 2, raising annual assessments requires 75% of members and would take years to get a large sum needed for a one time major road project. Option 3 requires the BOD to review and assess, then the possibility the majority of members present at a special meeting called to discuss the assessment (IAW the VA POAA) will reduce or eliminate the assessment. It appears from your statement you probably have enough members (simple majority), to support a special assessment if it comes to a vote. Now the only legal issue is if your POA is legally a POA under the definition of the VA POAA. Several recent VA court cases confused this issue and has my lawyer wondering if our POA was set up properly so that the POAA can be our legal fallback for poorly written covenants. Craig
BruceC2 (Virginia)
Posts: 54
Posted:
Craig B1
Yes your right I am taking this monday and tuesday off to go to the county to get the orginal documents at time of handover, I have seen several attempts to revise the Amenendments I did not see a vote recorded. Everything I have posted on this site is exactly what I have told the BOD and its Members nothing has been hidden from my association and that is a fact everyone would say. As I see it at this point VDOT to POLITICAL. RAISE THE ANNUAL FEES since the board had or should I say did not have the BACKBONE to say never say never I learned this as a kid. The only thing left is special assement I have 100% backing of the Board.This will set an example of whats to come and I expect our attorneys to verify. (1) OK some of you will not give your RIGHT OF WAYS whether you believe its the money or RIGHT OF WAYS (2) SINCE A clear 3/4 Majority can not be ESTABLISHED to raise the Annual FEES (3) SPECIAL ASSESMENT is in order. These are the the 3 proposals I expect to PRESENT to the Association. If I meet problems from that point I resign and GOOD NIGHT AND GOOD LUCK!!

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