[VA] Common Interest Community / HOA Election Laws
My HOA / Common Interest Community in Virginia recently held an election with a questionable outcome when I explicitly ran on trying to change the community management company after repeated harassment / issues.
Facts:
The President was the scheduled candidate up for election for a term of 3 years
The Treasurer had resigned after being elected for a term of 3 years just last year and filled by a friend of the Board in the interim.
During the first election held by the HOA almost a decade ago to fill all Board positions, the voting documents stated whoever received the most votes would have the highest title and longest term available (e.g. President at 3 years)
The Community Manager asked members for a candidate nomination form / statement of interest that would be explicitly sent with the voting form to all members for the two open seats
I submitted the form to run for an open Board position, including explicitly stating the potential need for a community management company / manager change due to unresolved issues
The Community Manager did not distribute any candidate statements (for the first time) with the voting form to the HOA members
The President of the HOA provided materially false written statements about me on a WhatsApp group chat of the HOA's members
I came in 3rd place in the election, with the current President coming in 2nd place
The HOA certified the results re-confirming the current President for a term at 3 years, and the 1st place candidate as Treasurer for the remaining term of 2 years
Is it legal based on the Property Owners' Association Act / Common Interest Community Law in Virginia for the candidate who came in 2nd place in the election to be given the highest office of President and longest term available at 3 years, inconsistent with past practice? Shouldn't the current President receive the lowest position / term available as a result of being elected 2nd based on the will of the members?
The HOA bylaws state that in the event a board position is open, the remainder of the term shall be served by a member appointed by the Board - thus there should have only been one slot open in this election and the current President would be gone. However, I think VA Law § 13.1-857 overrides this bylaw as it says "The term of a director elected by the board of directors to fill a vacancy expires at the next members' meeting at which directors are elected"
It's clear to me I was 'setup' by the Community Manager and President to lose by not distributing the candidate statements and then disparaging me, but I'm wondering if the power grab itself is legal here and whether there would be any clear basis to trigger § 13.1-861. Judicial review of elections.