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2017 Board of Directors Meeting Minutes

November 21, 2017
October 10, 2017 - Annual Meeting
October 3, 2017
September 12, 2017
August 1, 2017
June 28, 2017
June 6, 2017
April 4, 2017
February 7, 2017

Meeting Minutes - November 21, 2017

It was noted that the minutes of the Annual Meeting had been distributed to Board members.

John advised that the October 2017 minutes would be available shortly.

Architectural Control Committee

Brian R. advised that progress was being made on all the properties that had been found in violation during the 2017 inspection, so there would be no need to pursue anyone in court. He noted that volunteers were being sought for the 2018 inspection. He added that it would be necessary to remind homeowners of the need to apply to the ACC for approval of modifications to their property.


Tom advised that a new policy on financial disbursement was being developed, to reduce the opportunity of fraud.

Bruce noted the need to monitor miscellaneous expenses more closely, especially given that the Board had voted an increase in the annual assessment.


On a vote taken via e-mail, the Board approved signing a contract with Commercial Landscaping Services LLC to perform common grounds work in 2018 at an annual cost of $25,000.

Neighborhood Watch

Debbi advised that there were currently 35 teams working on Neighborhood Watch. She planned to try to increase this number to 50.

Terms of Office

In order to eliminate a long “lame duck” session, the Board agreed to make the term of office for members of the HFCA Board December 1 through November 30.

Modified Covenant

Bruce advised that about 17% of the required signatures had been collected to date. Efforts were continuing.

Officers for 2018

The HFCA Board selected the following officers for 2018:
President: Chuck Stewart
Vice President: Bruce Bernhardt
Secretary: John Kitzmiller
Treasurer: Tom DeMott

It was noted that only the above offices needed to be filled by homeowners.

Other Business

It was noted that the Newsletter Editor no longer lived in Hickory Farms. Although he was willing to continue for a time, the Board agreed there was a need to find a replacement.

Bruce asked that each of the officers and chairs write articles addressing issues in their areas of concern for the newsletter, in order to make the Editor’s job easier.

In addition, HFCA needed a new Social Committee Chair.

Kirk noted that increased surface water runoff. as a result of the construction of new homes in Fairfax City, was leading to severe erosion of Rabbit Run. Carr Homes, the constructor, advised that they would enclose the new storm sewer pipes in concrete. Also, Kirk advised that repairs around the exposed sewer lines were to be made by the Fairfax Department of Public Works and Environmental Services. Although the lines were exposed, none were leaking. Kirk also advised that Supervisor Ann Sharp had been apprised of the hazard created by the hills at the intersection of Roberts Road and Still Meadow Road.

Kirk proposed that there was a need to store HFCA records “in the cloud,” to reduce losses occasioned by the change of officers. Melissa offered to ask Brian Crabtree to look for software to perform such a task.

Chuck noted that D&O had prepared liability loss prevention guidelines for homeowner associations. He recommended that all officers read and understand those guidelines.

Next Meeting

The next meeting of the HFCA Board was scheduled for December 19, 2017, at the Palette 21 Restaurant in Alexandria, VA. The following meeting was scheduled for January 9, 2018.

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2017 Annual Meeting Minutes - October 10, 2017

Tuesday, October 10th, 2017 @ 8:00 PM
Green Acres Community Center

Opening, Welcome and Introductions

Bruce Bernhardt welcomed the Members to the Annual Meeting and thanked them for attending.

He introduced the members of the Board of Directors:
Bruce Bernhardt, President
Chuck Stewart, Vice President
Tom DeMott, Treasurer
John Kitzmiller, Secretary
Melissa Stark, Common Areas
Debbi Buchanan, Neighborhood Watch
Brian Roethlisberger, Architectural Control Committee (ACC) Chair
Dante Gilmer, Member at Large
Kirk Randall, Member at Large
Don Seymour, Newsletter Editor

Quorum Verification

Forty four (44) members of the Hickory Farms Community Association (HFCA) were present, with 32 members represented via proxy. This provided a total of 76 members represented, providing the quorum required for the meeting.

2017 Property Inspection Results

Brian presented a report on the status of the property inspection conducted since the 2016 Annual Meeting.

He stated that a team of eleven inspectors had been formed, headed by Dante. A checklist had been developed for the inspectors to standardize the scrutiny to which each property would be subject.

Issues had been identified with 68 properties, with only 4 presenting issues of significance. By the time of this meeting, all of the properties had either corrected the issues or had submitted plans to the team for correcting the issues.

Deed and Declaration Changes

Bruce provided an overview of the documents that govern the HFCA for purposes of facilitating a discussion on options to address compliance issues.

HFCA operates based on a series of documents as outlined below.

The Virginia Property Owners’ Association Act (VPOAA) establishes legal requirements related to the authority of homeowner associations (HOAs). The VPOAA, as interpreted by District and Virginia Supreme Court decisions, establishes a requirement that the HOA’s authority to act must be based on express language found in the legal documents that founded each HOA, specifically the Declaration.

The District Court states that a HOA’s ability to levy fines is limited to cases where the founding documents “expressly” authorize the imposition of such fines.

The Supreme Court affirmed that the HOA’s authority is limited to what is defined in the founding documents.

HFCA’s lawyers recently reaffirmed that the HFCA founding documents do not appear to include “express” language that would authorize the use of monetary fines to address noncompliance with the Declaration and the Rules and Regulations.

At the 2016 HFCA Annual Meeting, it was determined that the Board should pursue amending the Declaration so that monetary fines could be assessed against HFCA members that did not comply with the Declaration and the Rules and Regulations.

A Committee, which was formed to draft the amendment, prepared the following draft amendment to the Declaration of Covenants, Conditions and Restrictions of Hickory Farms Community Association:

Add a new subsection (g) to Article V, Section 1, as follows:
“(g) The right of the Association to assess charges for rules violations in accordance with provisions of the Virginia Property Owners Association Act, as the same may be amended from time to time, or in accordance with any other provisions of Virginia law that may authorize assessment of such charges, as is more fully described in Article VIII, Section 1 hereof.”

Add a new subsection (b) to Article VIII, Section1, as follows:
Insert “(a)” before existing Section 1 text.

Insert subsection (b) as follows:
“(b) In addition, the Board of Directors shall have the authority to assess charges for violations of the Declaration or Bylaws of the Association and /or of the Rules and Regulations adopted pursuant to authority given in those documents, in accordance with provisions of the Virginia Property Owners Association Act as the same may be amended from time to time, or in accordance with any other provision of Virginia law that may authorize assessment of such charges.”

An Instrument for Homeowner Agreement to Amendment of Declaration of Covenants, Conditions and Restrictions had been prepared. Bruce noted that it would be necessary to acquire the signatures of the owners of at least 75 percent of the 198 properties (149 out of 198)in Hickory Farms in order for the amendment to become effective. He further noted that all parties to the deed to a property must sign the instrument.

(A number of completed instruments were collected by the end of the meeting.)

The Board plans to contact all homeowners personally to obtain their signature on the instrument indicating approval of the amendments. If insufficient signatures can be collected, then the Board would remove language authorizing monetary fines from the Rules and Regulations, since the HFCA founding documents, if left unchanged, provide no basis or authority for imposing them.

Bamboo Eradication in Common Areas

Melissa gave a presentation on efforts made to date to eradicate the patches of bamboo that had been planted in the past in Hickory Farms, noting that bamboo was recognized by the Commonwealth as an invasive species that should be eliminated.

She explained with a series of slides how the bamboo was cut down and sprayed with herbicide. Several more applications of the herbicide would be required in order to eradicate the bamboo completely.

Strategic Plan for Common Areas in 2018

Melissa explained that the Board had approved a plan to complete the eradication of the bamboo and to pursue the eradication of other invasive plant species.

In addition to ridding HFCA of invasive plants, she explained how it was determined that the company that had been hired to mow the common areas was doing a sloppy job, leaving some grass uncut and allowing undergrowth to encroach onto the mowed areas, leaving those areas to shrink over time. Prospective vendors for 2018 were being interviewed that the Board believed would do a significantly better job of mowing the common areas, keeping them in a condition more suitable for use by the homeowners.

Finally, she called for volunteers to help clean up vines, to remove sticks and branches from the mowed areas, to provide input to plans for what to plant in the newly cleared areas, and to assist with planting. She hoped to bring the community together in events in the common areas.

Neighborhood Watch

Debbi noted that the wanted to increase the number of teams participating in Neighborhood Watch from 29 to 50, to reduce the number of times each time would need to do the watch to no more than twice a year.

Report from Vice President

Chuck reported that HFCA had locked in rates for liability insurance, keeping the rates low. As the result of an incident that illustrated the vulnerability to cyber threats, cybersecurity provisions had been added to the HFCA website.

He noted that Fairfax County was examining the issue of short-term rental, such as airbnb.

He further noted that the County was considering increasing the share of the 24-foot setback from the rear of a property that a homeowner could cover with structures.

Social Committee

Melissa gave a brief presentation on the activities of the Social Committee during 2017, listing the events. She noted that most of the expenses to hold the events had been borne by the committee members, and that an increase in the budget for the Social Committee was being proposed that would cover such expenses in 2018, relieving the burden on the committee members. She further noted that a chair was needed for the Social Committee in 2018.

2018 Budget

Bruce noted that copies of the 2018 budget had been distributed for consideration.

He noted that HFCA had a year’s worth of assessments in reserves, as was recommended for homeowners’ associations. He added that, although there was an increase in the budget for legal services, it was not the result of a decision to pursue legal action.

Among changes to the budget from 2017 were splitting the provision for Common Grounds into three separate line items:

  1. Lawn mowing
  2. Fallen tree removal/grounds maintenance
  3. Improvements

In addition, the Social Committee budget had almost doubled, in order to relieve members of the Social Committee from paying out-of-0pocket for expenses incurred in putting on HFCA-endorsed events.

An attendee asked whether the increase in the assessment was sufficient to fund HFCA’s needs. Bruce stated that level of income should be sufficient for the next 3 to 4 years. (The last increase was 8 years earlier.)

He noted that the Board had approved the budget, including an increase in each homeowner’s assessment to $200. However, he further noted that the Board had always sought affirmation by homeowners of the Board-approved budget. The attendees expressed unanimous support of the 2018 budget.


A motion was made, seconded, and approved to elect by affirmation the slate comprising the following as Members of the HFCA Board.

Bruce Bernhardt
Debbi Buchanan
Tom DeMott
Dante Gilmer
Telah Jackson
John Kitzmiller
Kirk Randall
Brian Roethlisberger
Melissa Stark
Chuck Stewart

Volunteer Recognition

Bruce thanked the members of the community who have volunteered over the past year. Note was made of the HFCA Board members retiring and resigning this year. Also noted were new volunteers stepping forward to serve our community. A request for a new listserv director was made.

A call for more volunteers would be included in coming Newsletter and listserv articles. Every homeowner was encouraged to volunteer in some capacity.


The meeting was adjourned at 10:00 pm.

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Meeting Minutes - October 3, 2017

The minutes of the previous meeting were approved.

The Board reviewed the draft agenda for the HFCA Annual Meeting scheduled for October 10, 2017.

The Board reviewed the 2017 actual versus approved budget. It was noted that there were about $23,000 in operating funds, which by year’s end should total about $18,000-$20,000.

The Board reviewed the proposed budget for 2018. The Board agreed to break out the common grounds item into three sub-items: mowing, tree removal, and proposed work.

Melissa advised she was soliciting bids and was interviewing prospective vendors.

Concern was expressed that if the Board pursued the “big plan,” to eradicate the bamboo and other invasive species, then the annual assessment would need to be increased. After discussion, upon a motion made and seconded, the Board agreed to increase the annual assessment from $150 to $200. Such an assessment would allow HFCA to pursue plans to improve the common grounds without increasing the assessment again in the near future.

It was noted that Melissa would introduce the slate of candidates for 2018.

The next meeting of the HFCA Board was scheduled for November 21, 2017.

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Meeting Minutes - September 12, 2017

John advised that a draft of the minutes of the previous meeting had been circulated for comment.


Nominations for 2018 HFCA Board

The nominating committee (Melissa, Dante, and Don) advised that all the current board members and one additional community member had agreed to be placed on the slate of candidates. Nominations from the floor would be sought at the Annual Meeting.

It was noted that the proxy form that had been used previously was to be used again, and that each homeowner could vote no more than 5 proxies. Any proxies collected for whom a voter had not been designated would be voted by the Secretary.

Common Grounds (Melissa)

Melissa advised that a1 ½ acre area would be sprayed with herbicide Sep. 18, under her supervision, to eliminate bamboo and the other invasive plants overgrowing the common areas.

She also advised that she had ordered signs for the upper path and for the bamboo eradication areas. She expected them to be delivered by no later than the following week (week ending Sep. 19). She had already called Miss Utility, which would mark the areas where the signs would be placed.

Bruce advised that a path paralleling Rabbit Run had been marked, in the common area between Rabbit Run and Cotton Farm Lane, which would allow people to travel from the upper path to the intersection of Cotton Farm Land and Farm House Road without walking through the trees surrounding Rabbit Run.

Neighborhood Watch (Debbi)

Debbi noted that several teams had been added to the list of those performing Neighborhood Watch. Only another 16 teams would be needed to reach the goal of 50 teams. It was suggested that she contact the Fairfax Police Department (FPD), which may have Neighborhood Watch signs that could be posted at the entrances to Hickory Farms.


Architectural Control Committee (ACC)

It was noted that a homeowner on Roundtop had a load of firewood dumped into his yard. He was advised that it would be necessary to at least put the piles of firewood behind a fence.

It was further noted that a house on Spinning Wheel Court that had been a problem for a long time was being cleaned up.

Bruce added that every property in Hickory Farms had been inspected, the homeowner of every property with a problem area had been contacted, and the neighborhood had responded positively.

Annual Meeting

It was noted that the 2017 Annual Meeting was scheduled for October 10. Minutes of the 2016 Annual Meeting were on the HFCA website.

Agenda topics were identified:

2018 Budget

A motion by Kirk, amended by John, passed. The motion was to develop a budget permitting additional work to be done in the common areas, according to the proposal developed by Melissa, such that annual dues would increase to no more than $200 from the current $150.

It was noted that some households were on fixed income or had other expensive issues that might make paying such an increase difficult. However, it was also noted that the dues had not increased for the past decade.

Next Newsletter

The next newsletter would be written during the last week of September. Input was due to don by Sep. 27.

Other Business

Kirk noted that come households in Hickory Farms were pursuing the installation of solar panels, and some solar panels had already been installed. Although it might be too late to address at the Annual Meeting, he suggested that some guidelines regarding the installation of solar panels should be developed.

Next Meeting

The next regularly scheduled Board would be October 3.

The meeting was adjourned at 9:30pm.

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Meeting Minutes - August 1, 2017

The minutes of the previous meeting were approved.


Hickory Farms Property Encroachment along Rabbit Run Commons Area (Bruce)

Bruce noted several areas where homeowners had made semipermanent changes to the common areas. It was noted that, while all homeowners had access to all the common areas, it was impermissible for any homeowner to take over any of the common areas or to make permanent changes. He added that he had already begun talking with a homeowner regarding occupation of common areas near Tumbleweed Court.

Updating Signatures at the Bank (Bruce & Team)

It was noted that the president, vice president, and treasurer would meet at the bank on Saturday, Aug. 5, to update signatures on the HFCA bank accounts.

Declaration Changes and Subcommittee (Bruce)

Bruce said the subcommittee had held its first meeting. He suggested that an initial pitch of the change to the Declaration (to allow the HFCA to fine violators) should be made at the upcoming Annual meeting. It was noted that, in two years of home inspections by the Architectural Control Committee (ACC) and HFCA Board members to ensure that homes were in compliance with HFCA covenants and rules, no lawsuits had been initiated.

A presentation would be made at the October 10, 2017, annual meeting, concerning the need to modify the covenants. He noted it would be necessary to have at least 149 of the 198 homeowners ratify the proposed changes to the covenants in order for the changes to be implemented. Proxies would not suffice, each homeowner must personally sign the appropriate document.

Bruce added that he would circulate a draft of the changes to the covenants to the Board for comment.

Northern Path Clean Up (Melissa)

Melissa noted that she and her husband had cleared 3/4 of the upper path. She had scraped, primed and painted railings along Rabbit Run, but needed to do more. Passers-by had indicated they would be willing to help.

Insurance Issues (Chuck)

Chuck noted that it would be necessary for volunteers to sign waivers in order to participate in organized clean-ups due to insurance requirements. He added that he was gathering information to show Board members what their rights were. He stated he would have information on the insurance waiver within 30 days.

Neighborhood Watch Signs Placement (Melissa)

Melissa explained that new Neighborhood Watch (NW) signs were not yet done.

Neighborhood Watch Campaign & Website Update (Debbi)

Debbie announced that the NW bag was missing. The Board discussed the need or desire to continue NW. The Board agreed to set a goal of 50 NW teams by the time of the Annual Meeting. If that goal could not be met, then there would be discussion about discontinuing NW.

2016 Taxes Update (Dante)

Danta noted that the 2016 taxes had been returned by the preparer. There was tax due on advertising income.


Architectural Control Committee (ACC)

Brian said that all ACC violations that were discovered during the April 2017 inspection had been given 60 days in which to either correct the violations or submit a plan to correct the violations.

Bruce suggested that, in some cases, homeowners were unable to correct the violations, and suggested that volunteers could be called upon to make the corrections, as a last resort before referring the issue for legal action.

Chuck noted that Fairfax County has a volunteer group to help homeowners that were unable to maintain their property.


Dante distributed a copy of the HFCA financial statement. He added that all dues for 2017 had been collected, and HFCA had about $56,000 in cash deposits.

He noted that Tom DeMott would serve as Treasurer, but that he would assist.

He suggested that there was a need to develop an in-house auditing process, and suggested the consideration of another tax preparer.

Common Area (Melissa)

It was noted that the upper area had been mulched. Melissa and her husband had policed the area, picking up trash. She was hoping for funds to return to the upper common area.

Bruce suggested that , rather than trying to clear the existing path through the woods surrounding Rabbit Run, that there was a strip of common area between Rabbit Run and the properties of the homeowners on Cotton Farm, and suggested creating a new path there. Such a path would eliminate the need to maintain bridges over Rabbit Run and its tributaries that satisfied the requirements of the Americans with Disabilities Act.

The Board discussed signage for the common areas, paths, and herbicide spraying. Melissa had distributed drafts to Board members via e-mail.

Mr. Stewart suggested contacting Fairfax County for guidance regarding sign size and verbiage for signs to be placed in the common areas.

It was agreed that the existing mowing contract would continue until it expired. Melissa noted that she was soliciting more bids for the mowing contract.

Vice President

Mr. Stewart advised he had attended a meeting on possible revisions to county zoning requirements. Short-term rentals such as Airbnb were being examined at both state and county levels.

Nominating Committee

Melissa, Dante, and Don agreed to serve as the Nominating Committee and to present a slate of nominees at the Annual Meeting.

Annual Meeting

The Board agreed that the Annual Meeting would be held October 10, 2017, from 8:00-10:00 pm, at Green acres. Bryan offered to provide a projector should one be necessary.

Next Meeting

The Board agreed to meet on September 12, in order to prepare for the Annual Meeting.

The next regularly scheduled Board would be October 3.

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Special Topic Meeting Minutes - June 28, 2017

Wednesday, June 28th, 2017 @ 7:30 PM
4301 Still Meadow Rd., Fairfax, VA 22032

Board Member Attendees:
President: Bruce Bernhardt
Vice President: Chuck Stewart
Secretary: John Kitzmiller
Common Areas: Melissa Stark
Architectural Control Committee (ACC): Brian Roethlisberger
At Large – Newsletter Editor: Don Seymour
Treasurer (Acting): Dante Gilmer

Opening, Welcome and Introductions:

Informational Update:

Common Grounds Discussion:

Meeting Opened: 7:30 PM - Meeting Adjourned: 8:35 PM

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Meeting Minutes - June 6, 2017

Tuesday, June 6th, 2017 @ 7:30 PM
10110 Round Top Ct., Fairfax, VA 22032

Board Member Attendees:
President, Board of Directors: Bruce Bernhardt
Vice President: Chuck Stewart
Secretary: Melissa Stark
At Large: Neighborhood Watch: Debbi Buchanan
At Large – Newsletter Editor: Don Seymour
Treasurer (Acting): Dante Gilmer
At Large: John Kitzmiller

Opening, Welcome and Introductions:


Old Business

Property Inspection Update (Brian R.)

Violation/Issue Number of Properties
Significant, noticeable algae growth on the siding or other exterior components 49
Excessive storage/cluttered carports 15
Peeling paint or severe weathering on exterior components 10
Excessive grass/weed growth 10
Significantly faded vinyl window/door shutters 8
Significantly overgrown/unmaintained trees, shrubs and other landscaping 8
Yard debris (e.g., tree limbs, branches, leaves, pine needles, grass clippings stored on lots 8
Missing or significantly damaged window/door shutters or gable vents 7
Moss/lichen growth on roof (visible tufts/colonies) 6
Significantly sagging/warped fence, missing/broken components 6
Excessive material/equipment storage on lot 5
Significantly damaged or spalling driveway concrete 4
Encroachment/storage on common areas 2
Vehicle parked on lawn 1

Hickory Farms Property Encroachment along Rabbit Run Commons Area (Bruce)

Updating Signatures at the Bank (Bruce & Team)

Declaration Changes and Subcommittee (Bruce)

Water Runoff on Northern Path (Bruce and Chuck)

Neighborhood Watch Signs Placement (Don L.)

Updating the Neighborhood Watch Web Page with More Detailed Information (Debbi)

Moss & Asphalt Issues on the Northern & Lower Commons Path (Melissa)

Hickory Farms Common Grounds (Melissa)

New Business


Neighborhood Watch


At Large

At Large – Newsletter, Vice President, Webmaster

Confirm date, time, location for next HFCA Board Meeting:
Tuesday, August 1st @ 7:30 PM - Location: 10110 Round Top Ct, Fairfax, VA 22032
Meeting Opened: 7:50 PM - Meeting Adjourned: 9:50 PM

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Meeting Minutes - April 4, 2017

Tuesday, April 4th, 2017 @ 7:30 PM
10110 Round Top Ct., Fairfax, VA 22032

Board Member Attendees:
President, Board of Directors: Bruce Bernhardt
Secretary: Melissa Stark
Architectural Control Committee: Brian Roethlisberger
Common Areas: Don Lobeda
At Large: Neighborhood Watch: Debbi Buchanan
At Large – Newsletter Editor: Don Seymour
At Large: Kirk Randall
Treasurer (Acting): Dante Gilmer

Opening, Welcome and Introductions:


Old Business

Status Update on Pending Action Items

Status Update on Completed Action Items

The following 7 out of 20 action items have been completed prior to 4.4.17 BOD meeting.

New Business

Architectural Control Committee

Common Grounds




At Large – Neighborhood Watch, At Large – Newsletter, Vice President, Webmaster

Open Discussion

Girl Scout Brownie Troop 6898 Pollinator Project

Common Grounds Health Check

Confirm date, time, location for next HFCA Board Meeting:
Tuesday, June 4th @ 7:30 PM Location: 10110 Round Top Ct, Fairfax, VA 22032

Meeting Opened: 7:37 PM - Meeting Adjourned: 9:19 PM

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Meeting Minutes - February 7, 2017

Tuesday, February 7th, 2017 @ 7:30 PM
10110 Round Top Ct., Fairfax, VA 22032

Board Member Attendees:
President, Board of Directors: Bruce Bernhardt (via teleconference)
Vice President: Chuck Stewart
Secretary: Melissa Stark
Architectural Control Committee: Brian Roethlisberger
Common Areas: Don Lobeda
At Large: Neighborhood Watch: Debbi Buchanan
At Large – Newsletter Editor: Don Seymour (via teleconference)
At Large: Kirk Randall, John Kitzmiller, Dante Gilmer
Webmaster: Bryan Crabtree

Opening, Welcome and Introductions:

Standing Agenda Items



Common Grounds & Paths

Architecture Control Committee (ACC)

Neighborhood Watch


At Large Issues, Vice President and President

2016 Annual Meeting Actions

Declaration Change Volunteer Subcommittee

Rules and Regulations Changes Volunteer Subcommittee, if the Declaration Change Fails

2017 Property Inspection Volunteer Subcommittee

2017 Property Inspection Contractor SOW

Property Inspection Checklist

Community Issues & Complaints

Web Hosting Package Renewal

Board Member personal information on Website

County Leaf Collection/Trash Collection Proposal

Property Encroachment on Northern Path

Water Runoff on the Northern Path

Individual Property Issues

New Business / Open Discussion

Confirm date, time, location for next HFCA Board Meeting:
Tuesday, April 4th @ 7:30 PM Location: TBD

Meeting Adjourned: 9:43 PM

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