Welcome to Flint Hill Manor


HOME	FHM	ARC	COMMUNITY	SAFETY	EVENTS	CONTACT

FHM Overview Annual Meetings By-Laws Resolutions Incorporation Proxy Form FHM Secure Site

Resolutions of
Flint Hill Manor Townhouses Association

No. 01 | No. 02-01 | No. 02-02 | No. 02-03

WHEREAS, the Virginia Property Owners' Association Act ("Act") provides the Board of Directors with the power to assess monetary charges against members who are responsible for violations of the regulations of the Association;

WHEREAS, the Act provides the Board of Directors with the statutory power to suspend a member's rights to use facilities or services, including utility services, provided directly through the Association for nonpayment of assessments which are more than sixty (60) days past due, to the extent that access to the lot through the common areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant or occupant.

WHEREAS, the Act requires the Board of Directors to formally adopt and publish a written resolution to enact the statutory power to assess monetary charges against members for violations of the regulations of the Flint Hill Manor Townhouses Association ("Association"); and

WHEREAS, for the benefit and protection of all members, the Board of Directors deems it desirable to formally adopt a revised resolution to enact the statutory power to assess monetary charges and suspend privileges and to establish a procedure for enforcement of the regulations of the Association which are consistent with principles of due process and Virginia law.

NOW, THEREFORE, BE IT RESOLVED THAT:

In any instance when the Board of Directors, as an entity, formally finds that a member's actions or use of property may not conform with the Association's regulations, the Board may issue a written citation to the member. When making its formal finding, the Board may rely upon a report or recommendation from its managing agent.
The Association's first formal notice of citation shall be issued in writing and delivered by hand or by certified mail, return receipt requested, to the Owner at his/her address listed in the Association's records, as well as to the address of the property within the Association, if the Owner's listed address is different from the property address. Nothing herein shall preclude the Board from initially seeking an informal resolution prior to the initiation of the formal process.
In the first notice of citation, the Association shall generally advise the Owner of the nature of the offense, cite the specific provision within the Association's Declaration, Bylaws or Regulations that the Owner has allegedly violated, specify the remedy required, and, if applicable, state the number of days the Owner has to complete corrective action. The citation shall also include a notice to the Owner of his right to explain or deny me allegations in writing within the same period.
If the Owner does not remedy the alleged offense or respond in writing to the satisfaction of the Board of Directors within the number of days requested in the notice of citation, the Board reserves the power to issue a second notice of citation, which shall follow the basic form of the first notice of citation and shall include any additional information deemed important by the Board concerning the offense.
In the second notice of citation, the Association also shall inform the . Owner of the Board's monetary charge for the offense of the Association's Declaration, Bylaws or Regulation and of his/her right to request a hearing before the Board of Directors to contest the citation to avoid the charge. In the second notice of citation, the Association shall request the Owner to confirm in writing by a certain date his desire for a hearing to contest the citation.
The Association shall deliver, the second notice of citation by hand or by certified mail, return receipt requested, to the Owner at his/her address listed in the Association's records, as well as to the property address, if the Owner's listed address is different from the property address. The Association will deem notification effective even if any Owner fails or refuses to sign for any registered or certified mailing from the Association.
If the Owner does not remedy the offense within the number of days specified in the second notice of citation, and the Owner has not requested a hearing in writing by or before the hearing confirmation date, the Association shall deem the Owner to have waived the right to a hearing, and the Board of Directors shall have the power to impose monetary charges in the same manner as outlined in paragraph 10 below.
When a Owner requests a hearing in writing by or before the deadline, the Board of Directors shall set the time, date and place of the hearing at its discretion, and shall deliver written notice of the time, date, and place of the hearing to the Owner by hand or by certified mail, return receipt requested, at least 14 days in advance of the hearing date. At the hearing, the Board of Directors shall provide the Owner with a reasonable amount of time to present any and all defenses to the citation. The Owner may be represented by counsel at the hearing.
Following the hearing, the Board of Directors shall meet in executive session to determine whether it believes satisfactory proof of the alleged violation exists, and if so, whether it should impose monetary charges.
When the Board's judgment after a hearing is unfavorable to the Owner, the Board levies monetary charges as an assessment against the Owner's lot Monetary charges may not exceed $50.00 for a single offense or $10.00 per day for any offences of a continuing nature, although the Board reserves the power to increase these maximum sanctions if the General Assembly enacts legislation in the future that permits (he Board to do so. An offense of a continuing nature is defined as a violation of the Association's Declaration, Bylaws or Regulations which, by its nature, remains a violation continuously for more than 24 hours unless corrected by the Owner. The Board shall treat monetary charges as an assessment against the Owner's lot.
The Board of Directors reserves the power to hold Owners legally responsible for ensuring that their guests; service providers, tenants, or tenant's guests or invitees comply with the Association's Declaration, Bylaws and Regulation.
The Board is not precluded from exercising other enforcement procedures and remedies authorized by the Association's legal documents including, but not limited to, all remedies available under Article VIH, Section 1 of the Declaration and Article XI of the Bylaws, all remedies available under the Association's Book of Regulations and policy resolutions, as well as all remedies available under the Virginia Property Owners" Association Act, If the Board finds a member to have violated the Association's Declaration, Bylaws or Regulations, the Board reserves the right to hold that member responsible for all expenses incurred by the Association in taking enforcement action under this policy, including, but not limited to, all legal fees. The Board of Directors reserves the power to assign all of its powers and responsibilities herein to a standing or special committee of its choice.

The effective date of this Resolution shall be February 15,2002, and shall supercede any previously adopted Policy Resolution regarding Due Process in Enforcement Cases.