Reston, VA asked in Contracts and Real Estate Law for Virginia

Q: Can a VA Condo Assoc.’s BOD purge information in an individual unit owner’s file w/o that owner’s knowledge & consent?

I own one of the 200+ units in a Condominium Association in Virginia. The individual records of each unit are kept in the on-site management office. My friend & neighbor recently told me that about a month ago she examined the file for her particular unit & noticed it contained documents dating back to the original owner in late 1988. My neighbor bought her unit in 2006. About 2 wks. later she asked to examine her file again in order to copy a particular 2009 document therein. At that time she noticed her file contained just a few recent pages & was told that the Board of Directors purged her file. No one ever contacted her to ask whether it was ok to do so or whether she wanted any of the material contained in the file. Now I wonder how many other units this has happened to since no notice of purging was ever sent out to give us the chance to collect any of the material contained in our own unit’s file. More importantly, what is the legal authority for them to even do this?

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1 Lawyer Answer

A: FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In addition to that general rule, please understand that this particular question should best be answered by your "friend & neighbor; why? Because she might not appreciate you and me discussing her private business online in this public forum. .

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