Ashbrook Community Association
Violation and Appeal Procedures
WHEREAS, Section 55-513 of Chapter 26 of Title 55 of the Code of Virginia (The Property Owners' Association Act) empowers a Board of Directors to establish, adopt, and enforce rules and regulations respecting use of common areas and other areas of responsibility assigned to the association by the declaration, and,
WHEREAS, Article I of the Articles of Incorporation of Ashbrook Community Association, Inc., states that the purposes of the Corporation is to transact all lawful business not required to be specifically stated in the Articles of Incorporation, and,
WHEREAS, Article VIII, Section 4 of the 1985 Declaration, gives the Board of Directors the right of enforcement of these Covenants and Restrictions by any proceeding at law or in equity against any person or persons in violation and/or to recover damage against the land and to enforce any lien created by these covenants, and,
NOW THEREFORE, the Board of Directors desires to create and establish a procedure by which the 1985 Declaration , Articles of Incorporation, 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 residents who 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 the 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 procedure is as follows:
1. Any Association Member who believes that another Member is in violation of the governing documents should first tell the Member their thoughts and request that the suspected violating Resident comply with the appropriate governing document.
2. If the matter is not corrected or the Member is uncomfortable addressing the suspected violating Member, the Association Member who believes that the Member is in violation should call the Managing Agent and inform him or her of the details of the matter. The Managing Agent should investigate the matter and, if it is of a minor nature, the Managing Agent will call the reported violating Member and request his or her cooperation in curing the suspected violation. Notes will be kept in the file related to any such conversations. If an emergency situation is reported, the member is to call the Managing Agent immediately. For example, a report is received that someone is cutting trees 12 inches in diameter on common area.
In all other situations, the Member must write the details of their observations (including addresses, times, dates, telephone numbers, etc.) and deliver that report to the Managing Agent, Architectural Review Committee member or a Board member. All verbal or written reports by residents reporting suspected violations will be confidential and held in the Association files kept by the Managing Agent for the Association. The Managing Agent or the Board designee should then investigate the matter.
3. Upon receipt of a written complaint, a conference should take place between the Managing Agent, the ARC Chair or Board designee to review the matter. With the Managing Agent and ARC Chair's or designee's authority, the first Notice of Violation is to be mailed by the Managing Agent.
4. The Managing Agent is to monitor the situation and if no cure is made within 15 days or other amount of time as directed by the board, then the Managing Agent, as directed by the Board, may send out a second violation letter. Board retains the right to offer an opportunity to have a hearing to the owner. If the owner does not request a hearing as per the second violation letter, then the hearing may be waived and the penalty imposed.
5. If a hearing is requested, then as directed by the Board of Directors a hearing will be scheduled as per the Virginia Property Owners Act. The Managing Agent or the ARC Chair 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. Following the hearing, the Board of Directors or designated committee will review all facts and information presented and make a determination of what, if any, further action is to be taken. Any course of action determined by the Board, or designated committee, 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. Imposing a non-compliance penalty assessment of up to $50.00 for a single violation or $10.00 per day for any violation of a continuing nature. A non-compliance penalty assessment for an offense of a continuing nature may be assessed daily from the date of the first notice of the violation until the violation is cured.
D. Waive the Imposition of a non-compliance penalty assessment, or reduce it, if the violation is cured before the date of the Hearing.
E. Pursue enforcement through the Commonwealth judicial process.
It is important to note here that the Board must be consistent with the imposition of enforcement actions. Also, the type and date of the Notice of Hearing, and by whom given, will be recorded in the minutes of the Board of Directors.
7. Any non-compliance penalty assessment will be added to the Member's assessment account and be collectible in the same manner as any other assessment.