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DOGWOOD VALLEY CITIZENS ASS'N v. SHIFFLETT

Record No. 070143.

654 S.E.2d 894 (2008)

DOGWOOD VALLEY CITIZENS ASSOCIATION, INC. v. Raymond James SHIFFLETT, Jr., et al.

Supreme Court of Virginia.

January 11, 2008.

Attorney(s) appearing for the Case

George H. Dygert (Dygert, Wright, Hobbs & Heilberg, on brief), Charlottesville, for appellant.

Frank K. Friedman (Richard C. Maxwell, Woods Rogers, on brief), Roanoke, for appellees Dana Allen and Wendy Allen.

David C. Dickey, Stanardsville, for appellees Kenneth Colby, Jr., Jerome Hatcher, Sarah Hatcher, Janet Heckethorn, Shirley Moore, Thelma G. Johnson, Joe Mitchell Miller, Margaret Miller and Stephen McKee Miller.

No brief filed by appellees Jamie H. Lanzon, Raymond James Shifflett, Jr., Roy L. Smith, III and Kenneth T. Jacob.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, AGEE, and GOODWYN, JJ., and LACY, S.J.

OPINION BY Senior Justice ELIZABETH B. LACY.

In this appeal, we consider whether the circuit court erred in determining that Dogwood Valley Citizens Association, Inc. (DVCA), a non-stock Virginia corporation, did not qualify as a property owners' association under the Property Owners' Association Act, Code §§ 55-508 through -516.2 (the POAA). Because we conclude that the filing of DVCA's Articles of Incorporation and Bylaws did not constitute a declaration...

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