Richmond, VA asked in Gov & Administrative Law and Real Estate Law for Virginia

Q: HOA hasn't held meetings or elections in 10 years and doubled dues without a membership meeting. Seeking advice on electing a new board and establishing governance.

My HOA has not held a membership meeting or election in over 10 years, despite numerous requests from members. The board met with the president in November 2024 and decided to double our dues without holding a membership meeting. In April 2025, the president said he would talk to the board about organizing a meeting, but the board insists we need to talk to the president. Our president moved out of the neighborhood three and a half years ago and has no vested interest in our community. We want to elect a new president and board. How can we address this issue and ensure proper governance and transparency?

2 Lawyer Answers

A: The case law -- as you seem to appreciate already -- favors corporate democracy in governance. Courts are loathe to substitute their judgment for that of a duly elected condo board operating within its rules of governance and not violating law as to protected classes. So, your first step is to retain counsel to review those rules of governance to help you design a campaign to get elected and take over the board. With the kind of conditions you are describing of irresponsible and inaccessible meetings and doubling of dues, it seems plausible that you aren't the only homeowner who is unhappy. Maybe you can put together a slate and unseat of recall the president.

James L. Arrasmith
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Answered

A: It sounds like your HOA is severely lacking in transparency and proper governance. Since the board has not held meetings or elections in over 10 years, and the president is no longer living in the neighborhood, it's time to take action. Start by reviewing your HOA's governing documents, including the bylaws and articles of incorporation. These documents should outline how meetings and elections should be conducted, and they may provide a process for addressing these issues if the board is not fulfilling its duties.

You can organize a meeting of homeowners to discuss these concerns and push for a new election. You may need to gather a certain number of signatures from other residents to call for this meeting, depending on the bylaws. At this meeting, you can propose electing a new board and president, and ensure that the election process is transparent and fair.

If the current board continues to resist or refuses to hold a meeting, you may want to contact an attorney who handles HOA issues to help you understand your legal options. They can guide you on how to move forward, including potentially taking legal action to force the election or dissolve the current board. Keep documenting your communications with the board and the president to support your case.

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