Due to some shepherding of this bill by CAI’s Virginia Legislative Action Committee, as of July 1 you can get help from the Circuit Court if you have made a good faith attempt (3 times) to get a critical amendment passed without success. The statute details exactly what must be done to achieve the amendment. We hate to say it but you really need to read this statute as it lays out exactly how and when it works. Here it is:
Often associations review their rules when they want to make some change or addition, but it is best to review all the rules at least every 5 years because a few things do change periodically in the make-up and needs of every community. So here are some guidelines for your review that might prove useful to you:
We are all familiar with the Condominium Act and the Property Owners Association Act but how often do we think about the Nonstock Corporation Act? Most of our Associations were formed as nonstock corporations so when we are looking at whether there is compliance with the law, we need to be aware of this Chapter of the Virginia Code.
I understand that at this time all associations are required to have a complaint procedure in place in order for their members to be able to let the CIC Board know of issues they have with their association. I also know that the Annual Report form requires an Association to state whether or not it has a complaint procedure. What is the consequence if an association fails to comply after getting the DPOR’s letter about non-compliance when they have checked “no” on the Annual Report?