Tvardek v. Powhatan Village Homeowners Ass’nAnnotate this Case
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.