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Monday, August 20, 2018

Covenants & Violations Policy

Download a printable version of the covenants.

WOODLAND POND HOMEOWNER’S ASSOCIATION, INC.

Violation and Appeal Policy

WHEREAS, Section 55-513 (A) of the Code of Virginia (The Virginia Property Owners’ Association Act) provides that the board of directors of the association has the power to establish, adopt and enforce rules and regulations regarding common areas and other areas of responsibility assigned by the Declaration; and,

WHEREAS, Section 5513 (B) of the Code of Virginia (The Virginia Property Owners’ Association Act) provides that the board of directors of the association has the power to assess charges against members for violations of the declaration or rules and regulation for which the member, his family members, tenants, guests or other invitees are responsible; and,

WHEREAS, Article II of the Articles of Incorporation of Association, Inc. provides that the Association shall conduct any and all business of the corporation under the Virginia Non-Stock Corporation Act; and,

WHEREAS, Article II of the Declaration provides that all owners shall be members of the Association; and,

WHEREAS, Article IV of the Declaration provides that every member has the right to enjoy the common area subject to the right of the Association to adopt and enforce rules and regulations including the imposition of fines for violations; and,

WHEREAS, Article XI of the Declaration provides that the Association has the power and duty to make and enforce rules and regulations governing the use of Common Area; and,

WHEREAS, Article VIII, of the Bylaws provides that the Board of Directors has the power to adopt and publish rules governing the use of Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infractions thereof; and,

NOW THEREFORE, the Board of Directors desires to create and establish a procedure by which the Declaration, Bylaws, and Rules and Regulations (the governing documents) can be enforced, and where community residents (owners [members] and tenants) can report their observations and make complaints regarding matters which appear to be in violation of the governing documents, and,

further, that the Board of Directors desires to establish a procedure by which facts and information pertaining to an alleged violation, are brought to the attention of the responsible Owner and that Owner be given a chance to cure an identified violation, and,

further, that if no such cure is made, the Board of Directors, or a committee appointed by the Board on behalf of the Association, can review related facts and information, and attempt to resolve the matter, prior to an Owner or the Board bringing any legal action.

BE IT RESOLVED, that the Declaration and Rules Violation and Appeal Procedures are as they appear below and on the following pages which are attached and made a part hereof.

1.   Any Association Member who believes that another Member or guest is in violation of the Articles of Incorporation, Declaration, Bylaws or Rules (governing documents) should first tell the Member their thoughts and request that the person comply with the appropriate governing document.

2.   If the matter is not corrected, the Association Member who believes that a violation has occurred should call the (Vice President of the Board of Directors or Committee Chair of a Rules Committee) and inform him or her of the details of the matter.  The Vice President will investigate the matter and if it is of a minor nature, the Vice President will call the alleged violating Member and request his or her cooperation in curing the suspected violation.  Notes must be kept related to any such conversations.  If an emergency situation is reported, the Vice President or his designee is to call the Board President or Managing Agent immediately.  NOTE:  All verbal or written reports by Members reporting suspected violations will be confidential and held in the Association files kept by the Managing Agent for the Association.

3.   The Vice President or Managing Agent is to review the matter with the Board President and with the Board President’s approval the first Notice of Violation is to be mailed by the Managing Agent to the alleged violating Member.  This notice shall advise the alleged violating Member that a $25.00 administrative fee will be charged after 30 days should a second letter be necessary.

4.   The Vice President is to monitor the situation and if no cure is made within the period of time specified in the letter, he or she will direct the Managing agent to mail the Second Notice of Violation and Notice of Hearing to the alleged violating member.  The Second Notice must give the alleged violating owner at least 14 days notice.  Notice of a hearing, including the charges or other sanctions that may be imposed, shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the Member at the address of record with the Association at least fourteen days prior to the hearing.

5.   On the date of the ensuing Board of Directors’ meeting, an executive session for the purpose of holding a hearing, will be scheduled prior to the normal business meeting.  The Vice President will present facts, and other information relating to the alleged violation and will review each of the notices mailed to the suspected violating Member.  The suspected violating Member will present facts, and other information related to the matter.  The suspected violating Member may also bring and be represented by an attorney.

6.   After hearing all facts and other information, the Board will meet privately for the purpose of reviewing facts and information presented and to make a determination of what, if any, further action is to be taken.  Any course of action determined by the Board must be within the scope of authority and power available to them through Commonwealth law and the governing documents.  Some options available to the Board are:

a.   Removal of membership rights to the use of recreational amenities

b.   Removal of membership rights to vote

c.   Fines for violations to $50 for a single offense or $10 per day for any offense of a continuing nature, not to exceed a period of ninety days

d.   The Board may use the liens process to collect outstanding fines.

7.   The hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the Member at the address of record with the Association within three days of the hearing.




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Last Modified: 02/06/2004
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Woodland Pond Homeowners' Association, Inc.
P.O. Box 136
Chesterfield, VA 23832
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