The South Riding Proprietary is a homeowners’ association (HOA) that acts as a de facto local government for the South Riding community in Loudoun County, Virginia. At the proprietary’s annual meeting on May 19, 2026, three of the seven seats on the Board of Directors are up for election. Members of the board serve three year terms. South Riding property owners may cast their votes by attending the annual meeting in person, by mailing a paper ballot, or with a mailed PIN on Votegrity.net.
The three directors at the end of their terms are Michael Beardslee, Marilyn Gardner, and Mark Pontello. Beardslee and Gardner are seeking reelection, and are joined on the ballot by Karen MacDowell and Robert Greene. Property owners may vote for up to three candidates, and have the option to write-in other candidates.
Under the Proprietary’s bylaws, at least ten percent of South Riding property owners must cast votes to achieve a quorum. If a quorum is not achieved, the Board of Directors cannot seat new members or perform work, and the meeting will be recessed for up to a month. When the meeting resumes, the quorum requirement drops to five percent. If a quorum is still not achieved, the meeting may be repeatedly recessed and resumed until reaching the five percent threshold.
Developers of planned HOA communities require prospective property owners to accept an HOA “disclosure” or “covenant” as a condition of purchase. These purport to establish a contractual obligation to comply with regulations established by the HOA and pay annual HOA dues, and to make the same “covenant” a condition of future sale of the property. This creates a semi-permanent de facto government that provides community services and imposes restrictions on property use and maintenance.
The right to property is one of the three fundamental human rights. In Virginia, it is explicitly acknowledged as a “fundamental” right. People may not be deprived of their property without due process (cf. Constitution of Virginia, Article 1, Section 11 and U.S. Constitution, Amendments, Article V), and this right cannot be signed-away by contract. De facto governments, like their de jure counterparts, are bound by these restrictions.
The South Riding Proprietary’s board must repeal all unconstitutional restrictions on use and maintenance of private property in the community. Until it does, I recommend that South Riding property owners abstain from the Board of Directors election and deny the board a quorum.