Tvardek v. Powhatan Village Homeowners Ass’n

In 2013, Plaintiffs filed a declaratory judgment action against their homeowners’ association (the HOA) challenging the validity of a 2008 amendment to the declaration of protective covenants and restrictions. The HOA filed a special plea in bar, arguing that the case should be dismissed as untimely under the one-year statute of limitations in Va. Code 55-515.1(E). The circuit court granted the special plea in bar and granted “prevailing party” attorney fees to the HOA. Plaintiffs appealed, arguing that the HOA filed a certification that did not comply with Va. Code 55-515.1(F), thus precluding the 2008 amendment from becoming effective for purposes of triggering the one-year limitations period in section 55-515.1(E). The Supreme Court agreed with Plaintiffs and reversed, holding (1) the one-year limitations period runs only from the date of an “effective” amendment; and (2) one of the requirements for an “effective” amendment - a proper certification - was not satisfied in this case, and therefore, circuit court erred in granting the HOA’s special plea in bar and dismissing the case as untimely. View "Tvardek v. Powhatan Village Homeowners Ass’n" on Justia Law