As a private corporation managing commonly owned property, the Association and our members are regulated by many laws, rules and policies. We are primarily governed by two types of law: corporate and property. Many of the acts passed to regulate corporations and land sales expand upon preceding acts and derive authority from them, creating a “stack” of governing law and instruments. According to our Bylaws, in any situation where a conflict arises between any two or more of these documents, the higher authority (i.e. higher in the stack) shall prevail.
The Amended Virginia Nonstock Corporation Act of 1950 applies to SLPA because we are registered as a nonstock (private) corporation in the Commonwealth of Virginia. It is also explicitly incorporated into the Declarations and Plats of the Skyline Lakes subdivision. You can find the official, current online version here.
The Amended Virginia Subdivided Land Sales Act of 1978 was created in response to a wave of fraudulent land sale practices such as those of Martin I. Price, the developer of Skyline Lakes. It also has jurisdiction over the subdivision, and is also incorporated by reference into our Declarations. You can find the official, current online version here.
The Amended Virginia Property Owners Association Act of 1989 largely replaced the Subdivided Land Sales Act, although the latter still applies to SLPA. As the name suggests, this Act is the most relevant to SLPA operations and policy. All three of these Acts have authority over SLPA, and furthermore are all expressly incorporated in the Declarations. You can find the official, current online version here. The POA was amended in 2008 to establish a Common Interest Community Board. If you have questions concerning your rights under the POA or the role of the CIC Board, you might wish to visit the CIC website.
The Amended Skyline Lakes Declaration and Plats comprise the deed of the subdivision, and contain covenants that govern the use of all property in the development, including requirements for maintenance assessments.
The current SLPA Articles of Incorporation establish the Association as a non-stock corporation and grant authorities to the Board of Directors to manage the Association’s affairs and maintain the common areas. Being incorporated requires us to file Annual Reports with the Virginia State Corporation Commission.
The current SLPA Bylaws provide additional direction for the conduct of meetings, elections, assessments and other operational activities.
Our bylaws also incorporate the current version of Robert’s Rules of Order, although this links to a PDF file containing the full text of the 1915 Fourth Edition. Written by General Henry M. Robert in 1876, RR is the authority on Parliamentary Procedure–the process of running public meetings. The current version (10th Edition) is under copyright, and can be obtained through the Official RR Site, which also contains information about the use of RR. The Fourth Edition contains much of what is in the current edition, and is in the Public Domain.