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

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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