Legal Question in Real Estate Law in Virginia

Pres. of our HOA, who is also a member of Va. bar, recorded a new subdivision deed which did not have signatures of all l3 owners of record/and or signatures of lenders.

Can this deed be legal or binding? Is this fraud? If so, does Va. have a statute of limitation on fraud.? What recourse is available?

Asked on 8/13/09, 5:51 pm

1 Answer from Attorneys

Thomas Dunlap Dunlap, Grubb & Weaver, PLLC
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It really depends on what was recorded, The HOA documents will specify what powers are accorded to the organization. Usually the Board has to act unanimously to effect somethign like a serious deed change, and sometimes this requires the vote of the membership. So the summary is that it really depends on the specific circumstances.

There is a two year statute of limitations on fraud in Virginia, which can be extended by a statute of repose if the fruad is only discovered at a later time.

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Answered on 8/20/09, 7:39 am

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