Note:
On
October 9, 2013, the Hickory Farms Board of Directors approved the reformatting of this
document as well as various amendments. This decision was affirmed by the
membership at the October 15, 2013, Annual Meeting. For reference, the prior version of the
revised Rules and Regulations is now contained in a separate document entitled
Rules and Regulations and Due Process Procedures (Dec 97-Oct 8, 2013).
Hickory
Farms Community Association
RULES
AND REGULATIONS
(Enacted
December 17, 1997 and completely revised October 9, 2013)
WHEREAS,
Article VII, Section 1(c) of the By-Laws directs the Board of Directors
(“Board”) to exercise for the Hickory Farms Community Association
(“Association” or “HFCA”) all powers, duties and authority vested in or
delegated to the Association and not reserved to the membership by other
provisions of the Association’s By-laws, the Association’s Articles of
Incorporation, or the Association’s Deed of Dedication and Declaration of
Covenants, Conditions and Restrictions (“Declarations”);
WHEREAS, Article Vii,
Section 1(a) of the By-Laws provides that the Board of Directors has the power
to adopt and publish Rules and Regulations governing the use of the common
areas and facilities and the personal conduct of the members and their guests
thereon and to establish penalties for the infraction of such Rules and
Regulations.
NOW,
THEREFORE BE IT RESOLVED THAT the following Rules and Regulations are adopted
by the Board and supersedes all prior resolutions establishing Rules and
Regulations.
The
HFCA Rules and Regulations clarify various sections of the HFCA Declarations,
including Restrictive Covenants, and HFCA By-Laws, with references as
appropriate. The Rules and Regulations
are organized in four Resolutions:
1. Individual Property Rules and Regulations
(Restrictive Covenants);
2. Common Areas Rules and Regulations;
3. General Policies Rules and Regulations;
4. Due Process
Provision Rules and Regulations.
RESOLUTION NO. 1 - Individual Property Rules and Regulations
(Restrictive Covenants)
1.1 Lots, Structures, and Use of Lots [Declarations,
Article VII Restrictive Covenants, Section 1]:
a) The
restriction on structures shall apply to buildings of a permanent nature.
It is not intended to apply to garden storage buildings which must be approved
by the Architectural Control Committee.
b) No
home shall be used for the full time operation of a trade or business (as
defined in Fairfax County Code) requiring public access and traffic of an
annoying or observable nature.
1.2 When Approval of the Architectural Control
Committee (ACC) is Required [Declarations,
Article VII Restrictive Covenants, Section 2]:
a) The
purpose of Section 2 is to protect the desirability and thus the value of
Hickory Farms property. The ACC must approve all structures, including
permanently installed basketball backboards, decks, fences, hot tubs, patios,
pools, garden sheds, and other structures, both attached to and separate from
the existing dwelling.
b) The
ACC must also approve changes in the appearance of all structures, including
color changes. Colors and styles of structures shall be in keeping with
the harmony of external design throughout the Community.
c) ACC
approval is required before project construction commences. In the event structure alterations take place
without the consent and notification of the Architectural Control Committee,
the offending homeowner shall be notified to stop construction and an
application for approval must be submitted.
d) In the
event a structure alteration is not approved, the Architectural Control
Committee shall direct the homeowner to make any necessary changes to
comply. If the homeowner fails to make application or make the required
changes to comply, the Architectural Control Committee shall advise the Board
of Directors. The Board of Directors shall initiate proceedings to force
application and bring the property into compliance, up to and including
monetary charges of up to $10.00 per day plus Association court costs and
reasonable attorneys’ fees in obtaining a lien against the property. See
the Due Process Procedures for amplifying information.
e) Neither the ACC nor the Board of Directors
may grant a waiver of the Restrictive Covenants as they relate to activities
subject to the jurisdiction of the ACC, unless specifically permitted in the
Declarations. For example, the
prohibition against fences in the front yards cannot be waived.
1.3 Fences and Enclosures [Declarations,
Article VII Restrictive Covenants, Section 3]:
a) The
Architectural Control Committee will distinguish between maintenance of
existing fences (which does not require approval as long as the appearance of
the fence is maintained) and the addition of completely new fences or
modification of style or appearance of existing fences (which does require
approval).
b) In
order to protect the value and desirability of Hickory Farms property, any
homeowner found to be in noncompliance with Article VII, Section 3 will be
subject to action on the part of the Architectural Control Committee to bring
the property into compliance, up to and including monetary charges of up to
$50.00 for a single offense or $10.00 per day for continuing offenses plus
Association court costs and reasonable attorneys' fees in obtaining a lien
against the property, as authorized by VPOAA Section 55-513 and Article VII,
Section 2 of HFCA By-Laws. See the
Due Process Procedures for amplifying information.
c) Wire
fences are not to be built, except that fences built of approved materials such
as wood may have a wire fence inside them, that is not
readily visible from outside the fence, if this is necessary to control pets or
for other good reason. Should the outer fence come down for any reason,
the wire fence must also be taken down, or the outer fence be rebuilt.
d) It is
the responsibility of homeowners to maintain fences in good condition and
appearance, consistent with Restrictive Covenants Article VII, Sections 3 and
4.
e)
Paragraphs e through m were enacted on October 15,
2009. Fences that were approved by the Architectural Control Committee
and constructed before this date are not subject to these provisions.
However, if such fence is replaced by a fence with a different location,
height, materials, or finish after the enactment date of this paragraph, the
new fence will be subject to paragraphs 1.3 e-m of these Rules and Regulations.
f) No
private lot in Hickory Farms is required to have a fence.
g) All
fences shall be subject to the prior approval of the Architectural Control
Committee as to location, height, materials, and finish, and shall comply with
all Fairfax County requirements.
h) Temporary
fencing is permitted only in connection with construction activities.
i) Under
the Hickory Farms Restrictive Covenants, “All fences or enclosures shall be of
wood or brick construction, or other special materials.” “Special
materials” shall mean high quality materials that closely simulate brick or
wood. Fence gates should be compatible
with the fence style. In order to maintain consistency with the
development of fences in the community, homeowners are encouraged to limit
fence heights to between four feet and six feet and wood fence colors to
natural and white.
j)
Many backyard fences facing Roberts and Burke Station Roads were constructed by
the builder with a consistent style (picket) and color (natural). Although
many homeowners have replaced their fences with the same style and color,
homeowners are not required have uniform fences facing these roads.
k) The
Hickory Farms Community Association does not pay to construct or maintain
fences on private property, nor does it assume liability for any fences
constructed on private property.
l) For
the purpose of interpreting Hickory Farms Restrictive Covenant Article VII (3)
under this Section 4 only, each lot has a single front yard, which is the area
between the front building restriction line and the street or pipestem driveway.
The front building restriction line runs along the front edge of the
main entrance side of the house and continues to the property line(s). A fence may not be constructed in a front
yard. On corner lots, homeowners may
construct a fence between the side building restriction line and the
sidewalk. Homeowners are cautioned,
however, that any fence that faces a street or pipestem
driveway may be subject to a height limit set by the Fairfax County code, which
was four feet at the time this paragraph was implemented.
m) The Hickory
Farms Community Association will not mediate private homeowner disputes
regarding fences.
1.4 Maintaining Lots, Yards, and Carports [Declarations,
Article VII Restrictive Covenants, Section 4]:
a) All lots and yards shall be maintained in a
neat and attractive manner so as not to detract from the appearance of the
Hickory Farms Community Association.
b) All
lots and dwellings shall be kept in good repair (e.g., shutters, trim,
fences, siding, roof, etc. shall be maintained) and maintained in keeping with
the standards of the neighborhood and development.
c) Grass
shall be mowed regularly and maintained in a neat, even manner. It is
recommended that the lawn be mowed well before the average grass height is 8
inches above the ground. When the height
of grass exceeds 8 inches, the Board of Directors may contact the owner or
property manager to direct them to cut the grass.
d) All
curbs, driveways and sidewalks of lots shall be edged as needed to maintain a
neat appearance and so that grass does not grow over curbs and
sidewalks.
e) Sidewalks
shall be kept clear of obstacles (e.g., automobiles, trash receptacles, recycle
bins, shrubbery, overhanging tree limbs, portable basketball hoops when not in
use, etc.).
f) Flower
beds and landscaping shall be maintained in an attractive manner so as not to
detract from the appearance of the neighborhood or encroach on public and
common areas. Trees, shrubs, and bushes shall be trimmed on a regular
basis.
g) Automobiles
shall be parked in garages, driveways or on the street, not on lawns or lots.
h) Carports
shall not be used for storage in a manner that creates an unsightly appearance.
1.5 Membership of the Architectural Control
Committee (ACC)
[Declarations, Article VII Restrictive Covenants, Section 5]:
a) The
ACC is the body created to review compliance by Hickory Farms Community
Association (HFCA) residents with Article VII, Restrictive Covenants of the
HFCA. The ACC provides information regarding when, where, how and what
procedures must be followed by HFCA residents to make exterior improvements or
changes to their property.
b) The
committee shall consist of a minimum of four homeowners (including the
chairperson who is a member of the Board of Directors). The
President of the Board of Directors is an ex-officio member of the committee,
and will resolve voting deadlocks.
c) The
ACC’s primary responsibility is to enforce the Declarations (including
Restrictive Covenants), By-Laws and Rules and Regulations, thereby helping to
ensure that homes in the community retain their high property values.
d) The ACC does not advise homeowners regarding
the Fairfax County building code.
Homeowners are encouraged to consult with Fairfax County officials to
determine if a building permit is required.
The ACC evaluates the proposed project irrespective of whether the
homeowner has secured building permit(s).
1.6 Designating ACC Approval,
and Cases where the ACC does not take Action within 30 days of Submittal [Declarations,
Article VII Restrictive Covenants, Section 6]:
a) Homeowners
must be able to show that the Committee did not act within 30 days to take
advantage of the provision of Section 6 removing the requirement for
approval.
b) The
date that plans and specifications have been submitted to the ACC shall be the
date:
i) that the ACC or a member of the ACC received the properly
completed application;
ii) with the
necessary plans and specifications;
iii) and
indicates receipt on a copy of the application or on a receipt form.
c) Projects
completed in circumstances where the Committee did not act within 30 days may
not be subsequently challenged under other Sections of Article VII, even if
they are in violation of such Sections (since Article VII, Section 6 provides
that by failing to act, the ACC deems the Restrictive Covenants to have been
fully complied with).
d) It is
expected and required that the homeowner will make a good faith effort to
comply with the Restrictive Covenants and Rules and Regulations.
e) A majority vote of the ACC members is needed
for approval or rejection of an Application.
For controversial or precedent-setting projects, the ACC may consult
with the Board of Directors of the Association for a sense of the community.
f) ACC approval is valid only for the project
as described in the Application. If the
homeowner deviates from the specifications in the Application, the ACC approval
is not valid; the homeowner would then be required to submit a new Application.
In the event a new Application was rejected, all unapproved project changes
would need to be reversed at homeowner’s expense and the property restored to
original condition.
g) The homeowner has one year from the date of
ACC approval to complete the project.
The homeowner may request one extension of the one year completion
period of up to one additional year, provided that the homeowner requests the
extension before the initial one year period has expired. Otherwise, the approval is null and void.
h) The requirement in Section 6 of the
Restrictive Covenants that ACC approvals or disapprovals be in writing is
satisfied through email communication.
i) Each Application shall be evaluated by the
ACC, which is charged by the Association membership to consistently and
equitably apply the Restrictive Covenants and Rules and Regulations in effect
at the time the Application is evaluated.
1.7 Livestock and Pets on Property [Declarations,
Article VII Restrictive Covenants, Section 7]:
a) No
livestock, including horses, cattle and hogs, nor fowl such as chickens and
pigeons shall be kept on individual lots.
b) The breeding of animals for commercial use
is prohibited.
c) Nothing contained herein shall be construed
to prohibit the keeping of the usual domestic pets. No more than two domestic pets shall be kept
at any one time.
1.8 Location of Structures on any Lot [Declarations,
Article VII Restrictive Covenants, Section 8]:
a) No structure shall be located on any lot
nearer to the front lot line or nearer to the side street line than the minimum
building set back lines required by the zoning ordinances of Fairfax County,
Virginia.
1.9 Hickory Farms Limited Partnership Reserves the
Right to Install Required Utilities [Declarations, Article VII Restrictive
Covenants, Section 9]:
a) As all lots have been developed and the
Hickory Farms Limited Partnership is no longer in existence, this rule and
regulation is no longer in effect.
1.10 Restriction on Use of Temporary Structures,
Tents, Trailers, etc. as a Temporary or Permanent Residence [Declarations,
Article VII Restrictive Covenants, Section 10]:
a) The use
of temporary structures or vehicles as sleeping quarters constitutes use as a
residence and is prohibited.
b) At
no time shall a garage be used as a residence or sleeping quarters unless it
has been legally converted according to Fairfax County Code to finished living
area and been subject to approval of the Architectural Control Committee.
Any such conversion must be considered by the ACC to be in harmony of external
design with existing structures.
1.11 Restriction on Parking Boats, Trailers, Tents or
Temporary Structures or Portable Vehicles other than Automobiles Forward of a
Dwelling for Longer than Seven Calendar Days [Declarations, Article VII Restrictive
Covenants, Section 11]:
a) For
purposes of definition, a commercial truck classified as such by the Department
of Motor Vehicles is not an automobile. Further, a commercial vehicle as
regulated here is defined in Fairfax County Code, and does not include light
duty vehicles and pickup trucks with commercial markings.
b) HFCA
shall adhere to Fairfax County Code, which prohibits parking commercial
vehicles on residential roads except when they are necessary to perform work or
service.
c) Storage containers and portable storage units may be kept on a homeowner’s property for no more than seven (7) calendar days. Such storage containers are only for the personal use of the resident; business or trade uses are prohibited.
1.12 Sign Display on any Lot [Declarations,
Article VII Restrictive Covenants, Section 12]:
a) No signs of any kind shall be displayed to
the public view on any lot except one professional sign of not more than one
square foot, one sign of not more than five square feet, advertising the
property for sale or rent, or signs used by a builder to advertise the property
during the construction and sales period.
1.13 Restriction on Containing and Dumping Rubbish,
Trash, Garbage, Yard Debris, etc. [Declarations, Article VII (Restrictive
Covenants), Section 13]:
a) Garbage
shall be set out only on trash collection days, or the evening prior to
scheduled pickup, and shall be removed from street-side on the collection
day. This is to maintain an attractive appearance and to avoid attracting
rats and raccoons. Sanitary containers shall otherwise not be forward of
the house.
b) No
dumping of yard debris or trash is allowed in common areas. Common areas
are defined in Regulation 1.
c) Yard
debris shall be recycled or set out for collection. Large piles of yard
debris shall not be kept on individual lots. (Note: this does not
prohibit the maintenance of a neat compost pile).
1.14 Violation of Restrictive Covenants [Declarations,
Article VII Restrictive Covenants, Section 14]:
a) Violations
of the Restrictive Covenants will be addressed in accordance with the Due
Process Procedures of Resolution No. 4.
b) Remedies
for violations will be consistent with the By-Laws, the Virginia Property
Owners’ Association Act and will be in accordance with the Due Process
Procedures of Resolution No. 4.
c) Homeowners
are responsible for violations occurring on their property. If the
property is leased to a tenant, homeowners should ensure tenants are familiar
with the provisions of the Restrictive Covenants and Rules and Regulations, but
this will not relieve the homeowners of responsibility for the condition of
their property or responsibility to comply with the Restrictive Covenants and
Rules and Regulations.
1.15 Enforcement of Restrictions, Conditions, Covenants,
Reservations, Liens, and Charges [Declarations, Article VIII, Section 1]:
a) These
Rules and Regulations are enforceable under this section.
b) Enforcement will be consistent with the
By-Laws, the Virginia Property Owners’ Association Act (VPOAA) and will be in
accordance with the Due Process Procedures of Resolution No. 4.
c) A
clarification of the second provision of Article VIII, Section 1 follows.
In cases where by inaction on the part of the ACC for a period of 30 days after
submittal of an architectural request, resulting in neither an approval nor a
rejection, a homeowner proceeded with a project that would be considered to be
in violation of the Restrictive Covenants, the Restrictive Covenant is
considered to have been met in accordance with Article VII, Section 6 of the
Declaration, and may not be subsequently enforced against that homeowner for
the project specified in the Application. The Restrictive Covenant shall
remain in force for all other homeowners, and all other existing and future
projects.
d) By
law, the Board of Directors and Architectural Control Committee are not
authorized to grant exceptions or exemptions to the Restrictive Covenants, the
By-Laws or the VPOAA.
1.16 Changes to Declarations (including Restrictive
Covenants) [Declarations,
Article VIII General Provisions, Section 3. Amendment]
a) The Declarations covenants and restrictions
may be amended by an instrument signed by not less than seventy-five percent
(75%) of the lot owners. Any amendment
must be properly recorded.
RESOLUTION NO. 2 - Common Areas Rules and Regulations
2.1 Use of the Common Areas and
Facilities
[By-Laws, Article VII, Section 1.(a)]:
a) Common
areas are made up of all grounds except for residential lots, streets and
sidewalks. The Board of Directors will act for the Association in
authorizing uses of the common grounds as discussed below.
b) The
common grounds are for the use of the residents and their guests only.
The Association has the right to limit the number of guests.
c) No
motorized vehicles are permitted on the Common Grounds at any time, with the
exception of authorized maintenance vehicles such as lawnmowers and tractors
maintaining the grounds.
d) No
unauthorized removal of plants, trees or shrubbery is permitted.
e) No dumping,
littering (including grass clippings) or posting signs or announcements is
permitted.
f)
The Common Grounds shall not be used for private storage or business
purposes. Personal items may not be left
in the Common Areas. The Association
shall not be liable for any damage to personal items left in the Common Areas,
including damage in the course of resident activities or maintenance. After use, residents are to leave the Common
Areas in good, trash-free, undisturbed condition.
g) No
unauthorized private gardening or planting is permitted.
h) The discharge of firearms, bows and arrows,
and pellet guns on, over, or into the Common Areas is strictly prohibited.
i) Open fires are prohibited in the Common
Areas. This includes the use of cook pits,
freestanding metal fire pits, or permanent or temporary fireplace
fixtures. Portable propane or charcoal
grills are permitted for short term day use provided they do not damage Common
Area vegetation.
j) The discharge of fireworks on, over, or
into the Common Areas is prohibited.
k) Fairfax County Leash and Pet Control laws
shall be strictly adhered to in Common Areas.
2.2 Maintenance of trees in the Common
Areas
[By-Laws, Article VII, Section 1.(a)]:
a) The
Hickory Farms Community Association (HFCA) only maintains trees that are
located in the Common Areas. Tree maintenance on private property is the
responsibility of the homeowner.
b) The
HFCA will remove or prune trees only if they pose a danger to passers-by or
nearby property. The exception is for Common Area ornamental trees, which
may require these services to maintain their beauty.
c) For
a tree whose trunk is located within the Common Area, a homeowner may prune the
tree or grind its roots up to the property line, provided that doing so does
not jeopardize the life of the tree. For a tree whose trunk lies on the
property line, the homeowner may deal with the tree as if it were their own,
under two conditions: 1) the homeowner must notify the Common Area Coordinator
before the tree is pruned or removed, and 2) if the tree is removed by the
homeowner, it is their responsibility to dispose of the wood and debris and not
leave it in the Common Area. Otherwise, homeowners are not authorized to
perform maintenance on any tree located in the Common Area without prior
approval of the Board of Directors.
d) A tree
that is deemed by the Board of Directors to be a danger to passers-by or nearby
property will be removed or pruned as soon as possible by a licensed and
insured tree removal company.
e) The
HFCA does not grind stumps of trees in Common Areas, unless they are in a
location where the stump would hinder passers-by, cause property damage,
involve ornamental trees, or obstruct a HFCA maintained path.
f)
The Board of Directors will use its best efforts to obtain multiple bids for
tree work estimated to exceed an amount equal to four home annual dues
payments.
g) If a
tree falls or is taken down within the Common Area, it is the preference of the
HFCA to leave the tree where it falls, unless it disturbs paths, sidewalks,
streets, sledding areas, ornamental areas, or mowed grassy areas. If the
tree needs to be cut up, the HFCA preference is to cut the tree into smaller
logs and leave the wood and brush in the general vicinity, where homeowners may
scavenge the wood for firewood.
h) Any
Common Area tree that is deemed to require maintenance or replacement as a
result of neglect or willful damage by a resident will be repaired or replaced
by the HFCA with all costs paid by that resident.
i)
The Common Areas Coordinator may authorize tree maintenance if, in the opinion
of the Common Areas Coordinator, there is a danger to passers-by or property,
and the estimated cost is no more than four home annual dues payments. Otherwise,
the Board of Directors must authorize maintenance.
j)
A homeowner may petition the Board of Directors, through the Common Areas
Coordinator, to request pruning or removal of a tree located in a Common Area,
to be paid for by the HFCA. Such petition must include the location of
the affected tree, the work to be done, the reason for doing the work, and
photographs of the affected tree. If the homeowner is asked to provide a
written opinion by a certified independent arborist explaining why the tree is
a danger to passers-by or property, the homeowner will provide such opinion at
their expense. The homeowner has the right to address the Board of
Directors and make a case for the project prior to a vote.
k)
A homeowner may request that the Board of Directors remove or prune a
tree located in a Common Area at their own expense. The request must
include photographs of the affected tree, a statement of the proposed action,
and a signed statement accepting all liability for any damages which might
result from this proposed action. The request must also include a statement
signed by all neighbors within 75 feet of the affected tree acknowledging their
understanding of and consent to the proposed action. Once all of these
conditions are met, the Board of Directors will vote on the request. If
the work is approved, the homeowner will pay HFCA the estimated cost in
advance, the Common Areas Coordinator will arrange for the work to be done, and
HFCA and the homeowner will settle up after the work is completed.
l)
If a tree located in a Common Area, or a portion of such tree, causes damage to
a homeowner’s property or structure, it is generally deemed an “Act of God”
under Virginia law, and the homeowner is responsible for cleanup of the tree up
to the property line and the repair of their property. Likewise if a tree
located on private property falls on a Common Area as a consequence of an “Act
of God,” the HFCA will deal with the tree and any consequential damage to
Common Area property, under the provisions of these Rules and Regulations, up
to the property line. Residents are encouraged to carry adequate
homeowners insurance on their property.
m) The procedures in
this Section 2.2 also apply to other Common Areas vegetation such as shrubs.
RESOLUTION NO. 3
- General Policies Rules and Regulations
3.1 General Policies:
a) It is the policy of the Association to
maintain a cash balance approximately equal to the Association’s annual
expenses. The purpose of the cash
balance is to provide for expenditures that exceed the Association’s regular
annual expenses, such as significant levels of Common Areas maintenance and
path repair or replacement. The fund
shall be invested prudently by the Board of Directors in an insured account
such that it can be accessed readily, when needed.
b) When a Hickory Farms lot is sold, the
Virginia Property Owners’ Association Act requires that the Association inform
the purchaser through a disclosure letter of “improvements or alterations to
[the] property that are in violation of the Restrictive Covenants or Rules and
Regulations.” In order to comply with
the law, the Association shall report all violations to the purchaser in such a
disclosure letter.
c) Under the HFCA By-Laws and the Virginia
Property Owners Association Act, the Board of Directors has authority to enact
Rules and Regulations for the Association.
However, it is the policy of the HFCA that the Board of Directors shall
obtain homeowner approval before such revisions to the Rules and Regulations
are enacted.
d) Consistent with the Virginia Property Owners Association Act “Fees for disclosure packets; associations not professionally managed,” the Board of Directors may assess a fee for preparation and delivery of a disclosure packet in the course of the sale of a home. The amount of the fee is set periodically by the Virginia Common Interest Community Board.
RESOLUTION NO. 4
- Due Process Procedures Rules and Regulations
(Enacted December 17, 1997)
WHEREAS,
Article VII, Section 1(b) of the By-Laws provides that the Board of Directors
has the power to suspend the voting rights and right to use of the recreational
facilities of a member for infraction of published Rules and Regulations after
notice and hearing and for a period not to exceed sixty days; and,
WHEREAS,
Section 55-513 of the Virginia Property Owners’ Association Act (“Act”)
provides the Board of Directors the power, to the extent provided in the
Declaration or rules adopted pursuant thereto, to (1) suspend an owner’s right
to use facilities or non-essential services offered by the Association for
nonpayment of assessments to the extent that access to the lot through the
common areas is not precluded and (2) assess charges against owners for
violations of the Declaration or Rules and Regulations as adopted pursuant
thereto for which the owner or his family members, tenants, guest or other
invitees are responsible; and,
WHEREAS,
Section 55-513 of the Act further provides that certain procedures must be
followed before such charges may be assessed, including a hearing after proper
notice; and,
WHEREAS,
the Board of Directors of the Association recognizes that orderly procedures
are necessary for the assessment of charges for violations of the Association
Documents or of the Rules and Regulations promulgated pursuant thereto; and ,
WHEREAS,
the Board of Directors considers that the Architectural Control Committee
(“ACC”) shall be the tribunal before which hearings are held, as contemplated
in the Act and the By-Laws; and,
WHEREAS,
for the benefit and protection of the Association and of the individual owner,
the Board deems it necessary and desirable to establish and operate by
procedures to assure due process in cases where there is a question of
compliance by an owner with provisions of the Act, the Association Documents
(Declaration and By-Laws) or Rules and Regulations promulgated pursuant thereto,
thereby minimizing the necessity of seeking action through a court of law,
NOW,
THEREFORE, BE IT RESOLVED THAT the following procedures are adopted by the
Board, and that this resolution shall serve as Resolution No. 4 and supersedes
all prior resolutions establishing due process procedures.
Any
owner, officer or agent of the Association may request that an owner cease or
correct any act or omission which appears to be in violation of the Act, the
Association Documents (including the Restrictive Covenants) or the Rules and
Regulations promulgated pursuant thereto.
In
the case of disputes between owners regarding activities within the lot or the
appurtenant limited common area, if any, the Association will generally not
become involved in the dispute or act on a complaint unless two or more persons
have complained in writing.
Any
owner or resident may initiate the enforcement process by filing a written
complaint with the Board of Directors (Board) or
the Architectural Control Committee (ACC). The ACC shall forward such
complaints to the Board for consideration. The complaint need not be in
any particular form. The complaint shall include a concise statement of
charges setting forth in clear language the specific act(s) or omission(s) with
which the offending party is to be charged. The complaint shall be as
specific as possible with respect to times, dates and places and persons
involved. All residents who file a complaint must sign and date the
complaint.
Upon
receipt and consideration of the complaint, a member of the Board or the ACC
may make a preliminary investigation as to the validity of the complaint.
If the condition has been corrected, or the complaint is insufficient on its
face, the Board shall respond in writing to the complaining person that the
matter has either been resolved or cannot be pursued.
If
further action is deemed necessary by the Board of Directors, the Board shall
direct the ACC to carry out the appropriate sections of these Procedures.
The ACC is authorized to hold hearings, recommend remedies, and take such other
actions as are delineated in these Procedures, keeping the Board
informed. Remedies recommended must be approved by the Board of Directors
before they may take effect.
The
ACC shall mail a written notice by certified mail, return receipt requested, to
the alleged offender at the alleged offenders’ address listed on the records of
the Association and to the property address, if the record address is different.
If the alleged offender is a tenant, a copy of the notice required under this
part shall also be mailed by certified mail, return receipt requested, to the
owner of the lot where the alleged offender resides.
If
the violation is not of an urgent nature, as determined by the ACC, an informal
notice may be sent prior to the certified notice, substantially in the form
attached as Exhibit A to this Resolution.
Written
notice to an alleged offender shall be substantially in the form attached as
Exhibit B to this resolution and shall:
a) Include a copy of the complaint or
complaints;
b) Advise the alleged offender of the nature of
the offense and the specific provision within the Association documents or
Rules and Regulations which have allegedly been offended;
c) State that prior to the imposition of a
monetary charge, the alleged offender has the opportunity to be heard and to be
represented by counsel;
d) Describe the remedies available;
e) State the number of days by which corrective
action should begin or be completed in order to preclude the imposition of a
remedy and/or charge.
Notice
provided pursuant to this Part shall be provided at least fourteen days prior
to the hearing, if requested, and prior to imposition of any monetary charge in
accordance with Section 55-513 of the Act.
The
Board of Directors of the Association hereby establishes the following remedies
in connection with complaints against owners relating to alleged violation of
the Act, the Association Documents (including Restrictive Covenants) and Rules
and Regulations:
a) Assess charges against any owners upon
violation of any of the Association Documents (including Restrictive Covenants)
and Rules and Regulations promulgated thereto.
b) The amount of the
charges so assessed shall not exceed the amounts authorized by the Association
Documents (including Declarations, By-Laws and Rules and Regulations) and the
VPOAA, which currently allows a charge not to exceed fifty dollars for a single
offense or a charge of ten dollars per day for any offense of a continuing
nature.
c) If the rule violation is nonpayment of an
assessment or charge, suspend an owner or tenant’s right to use facilities or
non-essential services offered by the Association to the extent that access to
the lot through the common areas is not precluded, for a period not to exceed
sixty days.
d) Suspend an owner’s voting rights.
The
remedies described in Part 4.2 may not be pursued by the Association until an
opportunity for hearing before the ACC. The following guidelines apply to
such hearing procedures:
The
ACC shall send a written notice mailed by registered or certified mail, return
receipt requested, at least fourteen days prior to the hearing, to the owner,
advising the owner of the right to contest the complaint at a hearing before
the ACC. The notice shall be in the form specified in Part 4.1.E of this
Resolution and Exhibit B to this Resolution.
Such
notice shall advise the owner of the date, time and location of the hearing, of
the owner’s right to be represented by counsel, and of an earlier date, at
least seven days following the date of the notice, by which the alleged
offender must, by written notification to the Association, make a request for a
hearing to be conducted on a date other than as specified in the notice.
This request may be granted by the Chairman of the ACC if reasonable and
satisfactory justification for rescheduling the hearing is present. The
ACC shall set all hearing dates at its discretion.
If
no response is received by the Association from the alleged offending party by
the hearing confirmation date, or if the owner fails to attend the hearing
without providing reasonable and satisfactory explanation, the alleged offender
shall be deemed to have waived the right to attend the hearing.
At
the hearing, the ACC may hear testimony of witnesses and/or the presentation of
documentary evidence to determine if the unit owner is in violation of the
Association documents (including Restrictive Covenants) or Rules and Regulations
of the Association. The ACC’s determination shall be based on evidence
sufficient to the ACC to establish that the violation did in fact occur.
In the case of a violation of the Association Documents (including Restrictive
Covenants) or Rules and Regulations, however, the mere existence of a complaint
shall not be sufficient to establish that a violation occurred. The owner
who has been charged shall have the right to be represented by counsel at any
such hearing, to cross-examine witnesses, to call any witnesses and to present
any documentation or evidence relative to the allegations in the
complaint. The ACC is the sole arbiter of the credibility of witnesses
and evidence presented at the hearing.
Following
presentation of evidence, the ACC shall deliberate, in executive session, if
appropriate, to determine whether satisfactory proof of the existence of a
violation of the Association documents (including Restrictive Covenants) or
Rules and Regulations exists and, if so, what the recommended action, if any,
should be. The ACC may attempt to resolve the situation without recourse
to authorized remedies of Part 4.2 of this Resolution. The ACC may
recommend to the Board assessment of a monetary charge or suspension of use of
facilities and non-essential services whether the alleged offender is present
or not.
Notice
of the decision of the ACC shall be mailed to the alleged offender by certified
mail within ten business days of the hearing. The ACC shall send a
written notice mailed by registered or certified mail, return receipt
requested, at least fourteen days prior to the Board Review, to the owner,
advising the owner of the right to appeal the ACC decision at a hearing before
the Board. The notice shall be in the form specified in Part 4.1.E of
this Resolution.
In
the event the ACC, after this hearing, recommends assessment of a charge or
suspension of use of facilities or non-essential services offered by the
Association, the Board shall meet to review and approve or disapprove the ACC
recommendation. The owner will be invited to attend the review to appeal
the ACC decision. Following review, if the Board approves the ACC
decision, it shall promptly act on such recommendations, which shall not be
effective until a motion relating thereto is duly adopted by the Board.
The minutes of the Board meeting at which such action is taken shall contain a
record of the motion, the basis of the motion, which may consist of the
recommendation of the ACC, a statement of the imposed remedies and proof that
notice and an opportunity to be heard were provided by certified mail to the
offending party. The Board shall then notify the owner in writing of the
amount of the assessed charge with a request for payment within thirty days, or
of the nature of the suspension of rights.
In
the event an assessed charge is not timely paid, the owner’s account shall be
deemed delinquent and the Board of Directors shall be entitled to pursue all
remedies available to it in the collection of delinquent accounts, including
court action. In the event the suspension of rights is not honored, the
homeowner shall be deemed in violation of the Association Documents and the
Board of Directors shall be entitled to pursue all remedies available to it to
enforce the suspension.
Exhibit A - Resolution No. 2
REQUEST FOR VOLUNTARY
COMPLIANCE
HICKORY FARMS
COMMUNITY ASSOCIATION
(date)
Owner/Resident
________________
Fairfax, VA 22032
Re: Hickory Farms
Community Association – Request for Voluntary Compliance
Dear Owner/Resident:
In accordance with the provisions of the Due Process Procedure for Hickory
Farms Community Association, Resolution # 4, a complaint has been filed against
you for violation of [describe the
violation together with reference to the specific Rule violated]. Our
initial investigation indicates that the above-described behavior is in
violation of that rule. On behalf of the Board of Directors of the
Association, this letter is to request voluntary cooperation in resolving this
complaint. In order to address this complaint, we ask that you [insert requested action].
Please call the Chairman of the Architectural Control Committee [name] if you have questions concerning
this matter. We appreciate your cooperation and assistance in resolving
this complaint. Please note that if appropriate action is not taken, it
may be necessary to pursue additional enforcement procedures in accordance with
the Association’s policies and procedures.
Sincerely,
Hickory Farms Community Association
By: ___________________________
Cc:
______________________, President
______________________, Vice President
Exhibit
B - Resolution No. 2
NOTICE OF HEARING
HICKORY FARMS
COMMUNITY ASSOCIATION
[date]
Owner/Resident
________________
Fairfax, VA 22032
Re: Hickory
Farms Community Association – Notice of Hearing
Dear Owner/Resident:
You are hereby notified that, in accordance with Resolution No. 4, Due
Process Procedures, for Hickory Farms Community Association, a hearing will be
held before the Architectural Control Committee (ACC) for Hickory Farms
Community Association, on [date], at
[time], in [location]. The scheduling of this hearing is based on the
enclosed complaint.
You may be present at this hearing and may be, but need not be, represented by
legal counsel. You may present evidence and will be given an opportunity
to cross-examine any witnesses offering information in the matter.
You may review the Association Documents which are relevant to your case, along
with a list of the witnesses who may be testifying against you, before the
hearing. Please call [name of ACC
member or Chairman] for an appointment if you wish to do so.
If you wish to admit to the complaint in whole or in part, or if you wish to
waive your right to a hearing as stated above, you are requested to inform the
Chairman of the ACC [name] in
writing, within five days following receipt of this notice. If you wish
to attend the hearing as scheduled, or to designate another person to appear on
your behalf, it is suggested that you inform the Chairman of the ACC, in
writing, within five days following receipt of this correspondence.
You may inform the Chairman of the ACC, in writing, as set forth above, that
you object to the complaint on whatever grounds you deem fit including, but not
limited to, the belief that the complaint does not charge a violation of an
applicable rule (giving the reason therefore) or that the complaint is so vague
or indefinite that you cannot adequately respond without being furnished more
specific information. Whatever the grounds, you may, in addition, file
with the ACC a written statement setting forth your side of the case.
Your response under this paragraph shall be deemed to constitute your notice of
defense to the ACC.
If you can show good cause as to why you cannot attend the hearing as
scheduled, please advise the undersigned within seven days of the date of this
notice so that a convenient date may be set for such hearing. If you have
questions, please contact [name] at [phone number].
Sincerely,
Hickory Farms Community Association
By: _____________________________
cc:
_________________________, President
_________________________, Vice President
History
Amendments to the October 13, 2013, version of the Hickory Farms Rules and Regulations:
At the October 20, 2015, Annual Meeting the Board of Directors amended, and the Members affirmed, Article 1.11 (c) from:
Self-storage containers and portable storage units, including so-called storage pods, may be kept on a homeowner’s property for no more than thirty (30) consecutive days. This period may be extended to a later date, as approved by the Board of Directors for good cause. Such storage containers may only be for the personal use of the resident; business or trade uses are prohibited.
to:
Storage containers and portable storage units may be kept on a homeowner’s property for no more than seven (7) calendar days. Such storage containers are only for the personal use of the resident; business or trade uses are prohibited.