A GUIDE TO STATUTORY RIGHTS & RESPONSIBILITIES OF MEMBERS
OF THE BOARD OF DIRECTORS FOR VIRGINIA COMMON INTEREST COMMUNITIES

by: Douglas E. Brinckman, Associate Professor of Business Law, Radford University

      

The purpose of this guide is to provide an overview of the basic rights and duties of the   members of the governing body of certain common interest communities, as set forth in the statutes of the Commonwealth of Virginia. While there may be other types of   “common interest communities,” the scope of this guide is limited to those “common interest communities” which are controlled by the Virginia Property Owners’ Association Act, the Condominium Act, and the Virginia Real Estate Cooperative Act. These statutes refer to the governing bodies of such common interest communities as the “Board of directors,” the “Executive organ,” and the “Executive board,” respectively, and address statutory obligations and rights of the governing body both before and after the developer or “Declarant” relinquishes control of the common interest community to the non-declarant owners of the lots, condominium units, or cooperative interests. However, this guide is limited to a discussion of the rights and responsibilities of members of such governing bodies after the developer or “Declarant” no longer controls the governing body.  

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