If the Lake of the Woods dam-fighters are planning to fight the special assessment dues, maybe this will help.
In the recent dam resolution that the Lake of the Woods Association board signed, they mention that "the Virginia Property Owners Associations Act authorizes the board of directors to levy a special assessment if the proceeds are used primarily for areas of association responsibility, including capital expenditures."
But what they didn't mention was the article that follows it: "55-514.1. Reserves for capital components."
This article requires the board to conduct a study every five years that identifies capital components that will require repair.
Because the fight with the state started more than eight years ago, I would have assumed that the dam would have been added to this study and the board would have started to set aside reserve funds for this capital component (dam).
Was it the state's fault, or was the board negligent in its duties? You be the judge.
Chad Kernen
Orange