BYLAW NEWS:

Since the bylaws were issued, there have been several questions as to why the bylaws were changed without the consent of the association members. Several members felt that this gave the board of directors too much power and there was no recourse. Members indeed have several options.

Under Virginia law, unless the board is specifically barred from amending the bylaws, they can be changed by a vote of the board of directors. The old bylaws did not specifically bar such a change, nor did the articles of incorporation for the Association. This allows the board to make administrative changes to bring the bylaws in line with any state law changes, which have occurred every year for the past several years, without having to call a special membership meeting. For instance, our old bylaws did not reflect the law change requiring specific steps in collecting overdue bills and the procedures for placing liens on the property.

As the bylaws were being updated, there were two requests for homeowner packets for upcoming sales. Rather than issue packets with outdated laws, the board voted to amend the bylaws and put them in effect immediately.

In talking with members, the issue is not with any changes to the bylaws, as they were all reasonable, but the fear that more drastic changes will be made in the future. As outlined in the bylaws, under Virginia law, the bylaws may be amended at a regular or special meeting of the members, by a vote of the majority of the members of the association. (Article XV, Section 1). Essentially, the members have line item veto power and a majority can add or strike provisions from the bylaws as the membership sees fit. Members can also remove one or more directors from the board with a majority vote.
This, I believe, is adequate protection for the association to limit any future abuse of power.

Any one interested in serving on the bylaw committee, which is charged with keeping the bylaws current with state laws and addresses any specific issues to the Association, should contact a board member. New members are always welcome.