As part of a comprehensive legal review initiated to update our documents and secure necessary insurance coverages, numerous essential amendments have been identified. These changes are crucial for ensuring the long-term viability of Hunters Creek Homes, which stands as one of the largest self-managed HOAs in Northern Virginia.

We extend a warm invitation to all members to attend the meeting, where these resolutions will be thoroughly discussed and voted on. We ask for your understanding and respect for our dedicated volunteers, whose unwavering support and time commitment often goes unrecognized. This is evident in our recurring struggle to obtain a quorum and the low attendance at community events and monthly meetings.

If this meeting does not proceed successfully, it could jeopardize the long-term viability of Hunters Creek Homes as a self-managed HOA, potentially resulting in increased dues.

Please plan to attend the meeting, where we look forward to fostering an open discussion and dialogue. Your participation is crucial to the future of our community.

The language of the resolutions is presented below – This page will be updated after the meeting with outcomes of the vote

 

The final version of all resolutions presented tonight may be edited by our lawyers, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to make sure that it is spelled correctly, that the heading and location are correct, that the grammar is correct, and that it is clear. They will not make any changes that change the meaning or purpose of the resoluition.

 

Resolution 2023-1

This resolution addresses the need to amend the by-laws of Hunters Creek Homes Association due to a change in the association’s principal office address. The current bylaws state the office address as 4084 University Drive, Fairfax, Virginia, while the association has relocated to 417 Queens Row Street, Herndon, Virginia 20170. The resolution proposes the following amendments to Article I of the bylaws:

– The name of the corporation remains as “Hunters Creek Homes Association.”

– The new principal office of the corporation is 417 Queens Row Street, Herndon, Virginia 20170. However, meetings of members and directors may be held at other locations within the Town of Herndon, Fairfax County, Commonwealth of Virginia as designated by the Board of Directors.

RESOLUTION TO AMEND THE ADDRESS LOCATED IN ARTICLE I OF THE BYLAWS OF HUNTERS CREEK HOMES ASSOCIATION

WHEREAS, the bylaws of Hunters Creek Homes Association (the “Association”) currently state that the principal office of the Association shall be located at 4084 University Drive, Fairfax, Virginia…

WHEREAS, the Association has relocated its principal office to 417 Queens Row Street, Herndon, Virginia 20170; and

WHEREAS, it is in the best interests of the Association to amend its Articles of Incorporation to reflect its new address;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Association that Article I of the Articles of Incorporation of the Association be amended to read as follows:

Article I. Name and Location

Name. The name of the corporation is Hunters Creek Homes Association, hereinafter referred to as the “Association”.

Location. The principal office of the corporation shall be located at 417 Queens Row Street, Herndon, Virginia 20170. However, meetings of members and directors may be held at such places within the Town of Herndon, Fairfax County, Commonwealth of Virginia as may be designated by the Board of Directors

 

Current Language

Article I (Name and Location)

NAME AND LOCATION. The name of the corporation is HUNTERS CREEK HOMES ASSOCIATION, hereinafter referred to as the “Association”. The principal office of the corporation shall be located at 4084 University Drive, Fairfax, Virginia, but meeting of members and directors may be held at such places within the State of Virginia, County  of Fairfax, as may be designated by the Board of Directors.

 

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023

 

Resolution 2023-02

 

The Hunters Creek Homeowners Association (HOA) board of directors proposes a resolution to modify Article IV Property Rights: Rights of Enjoyment of Subpart F of the Amended Bylaws.

The resolution allows the HOA to lease the Pool, Clubhouse, Playground, Tennis Courts, RV lot, fields, and other recreational spaces to the Swim and Racquet Club, or its succeeding organizations. The resolution also allows the HOA to lease RV/Storage lot spaces to current service providers outside of Hunters Creek Homes that are actively providing community support, such as snow plow crews and landscape/maintenance crews.

The HOA Board of Directors believes that this resolution is in the best interests of the community because it will allow residents to continue to have access to high-quality recreational amenities and will provide support to local businesses.

 

 

 

Resolution to Modify Article IV Property Rights: Rights of Enjoyment of Subpart F of the Amended Bylaws

WHEREAS, the current Amended Bylaws of the Hunters Creek Homeowners Association (HOA) do not explicitly state that the HOA has the right to lease the Pool, Clubhouse, Playground, Tennis Courts, RV lot, fields, and other recreational spaces to the Swim and Racquet Club, or its succeeding organizations; and

WHEREAS, the HOA Board of Directors believes that it is in the best interests of the community to allow the leasing of these facilities to the Swim and Racquet Club, or its succeeding organizations, in order to provide residents with access to high-quality recreational amenities; and

WHEREAS, the HOA Board of Directors also believes that it is in the best interests of the community to allow the leasing of RV/Storage lot spaces to current service providers outside of Hunters Creek Homes that are actively providing community support, such as snow plow crews and landscape/maintenance crews;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Hunters Creek Homeowners Association that Article IV Property Rights: Rights of Enjoyment of Subpart F of the Amended Bylaws be modified as follows:

Subpart F:  The HOA shall have the right to lease all or any part of the Recreational Area upon whatever terms and conditions it deems appropriate, including the leasing of the Pool, Clubhouse, Playground, Tennis Courts, RV lot, fields, and other recreational spaces to the Swim and Racquet Club, or its succeeding organizations, for use however it sees fit.

The HOA may also lease RV/Storage lot spaces to current service providers outside of Hunters Creek Homes that are actively providing community support, such as snow plow crews and landscape/maintenance crews.

This Resolution shall take effect immediately upon its passage and publication.

Current Language:

 

Article IV Property Rights: Rights of Enjoyment

 

Every member shall be entitled to the use and enjoyment of the Recreational Area and  facilities as provided in the Dedication, subject to the following provisions:

 

  1. The right of the Association to limit the number of guests of members;
  2. The right of the Association to charge reasonable admission and other fees for the use of the Recreational Area or facilities situated upon the Recreational Area;
  3. The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Recreational Area and facilities and in aid thereof to mortgage said property and to acquire property encumbered by deed or  deeds of trust securing improvements on said property;
  4. The right of the Association to suspend the voting rights and right to use of the Recreational Area and recreational facilities by a member for any period during which any assessment remains unpaid; and, for a period not to exceed ninety (90)  days for any infraction of its published rules and regulations;
  5. The right of the Association at any time or upon dissolution to dedicate or transfer, subject to approval of the appropriate authorities of the Town of Herndon, Virginia, all or any part of the Recreational Area to any public agency, authority, or utility for  such purposes and subject to such conditions as may be agreed to by the members. 

No such dedication or transfer shall be effective unless an instrument signed by  members entitled to cast two-thirds (2/3) of the votes of the Class A and Class B  membership, respectively, has been recorded, agreeing to such dedication or  transfer, and unless written notice of the proposed action is sent to every member  not less than thirty (30) days nor more than sixty (60) days in advance.

 

  1. The right of the Association at any time to lease all or any part of the Recreational Area upon whatever terms and conditions it deems appropriate.

 

  1. Any member may delegate his rights of enjoyment of the Recreational Area and facilities to the members of his family, his tenants or contract purchasers, who reside on the property. Such member shall notify the secretary in writing of the name of any  such delegee. The rights and privileges of such delegee, are subject to suspension  to the same extent as those of the member.

 

 

 

 

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023

 

 

Resolution 2023-03:

This resolution aims to amend Article IX COMMITTIES of the bylaws to modernize language and abolish obsolete committees. Specifically, it removes all committees other than the Architectural Control Committee and renames it as the “Design & Compliance Committee.” This change simplifies the committee structure.

 

 

RESOLUTION TO AMEND ARTICLE IX OF THE BYLAWS OF HUNTERS CREEK HOMES ASSOCIATION TO ABOLISH OBSOLETE COMMITTEES AND MODERNIZE LANGUAGE

WHEREAS, Article IX, Section 1 of the Bylaws of Hunters Creek Homes Association (the “Bylaws”) currently provides for the appointment of an Architectural Control Committee and a Nominating Committee, as well as other committees; and

WHEREAS, the Board of Directors desires to amend the Bylaws to remove all committees other than the Architectural Control Committee and the Nominating Committee, and to rename the Architectural Control Committee the “Design & Compliance Committee” (D&C)

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Association that Article IX, Section 1 of the Bylaws be amended to read as follows:

Article IX. Committees

Section 1. The Association shall appoint a Design & Compliance Review Committee (D&C) and shall appoint a Nominating Committee as provided in these By-Laws. The Board of Directors may appoint other committees as needed.

 

 

Current Language

 

Article IX Committees

 

Section 1. The Association shall appoint an Architectural Control Committee for Class  A members only as provided in the Dedication; and shall appoint a Nominating  Committee as provided in these By-Laws. In addition, the Board of Directors may  appoint other committees as deemed appropriate in carrying out its purposes, such as:

 

(a) A Recreation Committee which shall advise the Board of Directors on all matters  pertaining to the recreational program and activities of the Association and shall  perform such other functions as the Board, in its discretion, determines;

(b) A Maintenance Committee which shall advise the Board of Directors on all matters  pertaining to the maintenance, repair or improvement of the Properties and shall  perform such other functions as the Board, in its discretion, determines;

(c) A Publicity Committee which shall inform the members of all activities and functions  of the Association and shall, after consulting with the Board of Directors, make such  public releases and announcements as are in the best interests of the Association;  and

(d) An Audit Committee which shall supervise the annual audit of the Association’s  books and approve the annual budget and statement of income and expenditures to  be presented to the membership at its regular annual meeting as provided in Article  XI, Section 8(d). The Treasurer shall be an ex officio member of the Committee.

 

Section 2. It shall be the duty of each committee to receive complaints from members  on any matter involving Association functions, duties, and activities within its field of  responsibility. It shall dispose of such complaints as it deems appropriate or refer them  to such other committee, director or officer of the Association as is further concerned  with the matter presented.

 

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023

 

 

 

 

Resolution 2023-04

The proposed resolution to amend Article XI MEETINGS OF MEMBERS of the bylaws to enhance meeting flexibility and lower quorum requirements aligns with Virginia legal requirements for non-stock corporations.

Section 13.1-849 of the Virginia Code states that the bylaws may provide the number or percentage of members entitled to vote represented in person or by proxy, or the number or percentage of votes represented in person or by proxy, which shall constitute a quorum at a meeting of members. In the absence of any such provision, members holding one-tenth of the votes entitled to be cast represented in person or by proxy shall constitute a quorum.

The proposed resolution would allow the Board of Directors to set the date for the annual meeting, which would provide greater scheduling flexibility. The proposed resolution would also reduce the minimum quorum requirement from one-tenth of the votes entitled to be cast to a number or percentage specified in the bylaws.

Both of these changes are permitted under Virginia law. The only restriction is that the quorum requirement may not be set lower than one-tenth of the votes entitled to be cast.

 

 

 

 

 

 

 

 

 

 

RESOLUTION AMENDING ARTICLE XI OF THE BYLAWS OF HUNTERS CREEK HOMES ASSOCIATION TO REDUCE QUORUM, ALLOW ELECTRONIC PROXIES AND PROVIDE FLEXIBILITY IN MEETING SCHEDULING

WHEREAS, Article XI, Section 1 of the Bylaws of Hunters Creek Homes Association (the “Bylaws”) currently provides that the regular annual meeting of the members shall be held on a Wednesday in October at 8:00 P.M.; and

WHEREAS, Article XI, Section 4 of the Bylaws currently provides that a quorum for any action requires the presence of members entitled to cast twenty percent (20%) of the votes that can be cast, or proxies representing these votes; and

WHEREAS, Article XI, Section 5 of the Bylaws currently provides that proxies must be in writing and submitted to the secretary;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Association that Article XI of the Bylaws be amended to read as follows:

Article XI. Meetings of Members

Section 1. Annual Meetings

The regular annual meeting of the members shall be held during the month of October. The specific date and time of the meeting shall be determined by the Board of Directors and provided in the notice of meeting.

Section 2. Special Meetings

Special meetings of the members may be called at any time by the president, the Board of Directors, or upon a written request from members who hold one-fourth (1/4) of all the votes in the entire membership.

Section 3. Notice of Meetings

Written notice for each member meeting shall be provided by the secretary or an authorized person, mailing the notice via First Class Mail at least 15 days prior to the meeting. The notice shall be sent to each member entitled to vote, using the address on the Association’s records or one provided by the member for notification. The notice shall specify the meeting’s location, date, time, and, in the case of a special meeting, its purpose.

Section 4. Quorum

A quorum for any action, unless otherwise stipulated in the Articles of Incorporation, Dedication, or these Bylaws, requires the presence of members entitled to cast ten percent (10%) of the votes that can be cast, or proxies representing these votes. If the quorum is not met, the members may adjourn the meeting and schedule another within two to thirty days. The quorum required for any such subsequent meeting is half (1/2) of the previous quorum.

Section 5. Proxies

At all member meetings, each member may vote in person or through a proxy. Proxies may be in writing or submitted electronically, in a format approved by the Board of Directors. Every proxy may be revoked and automatically expires at the end of the annual meeting for which the proxy is designated.

 

Current Language

Article XI Meetings of Members

Section 1. Annual Meetings. The first annual meeting of the members shall be held  within one (1) year from the date of incorporation of the Association. Each subsequent  regular annual meeting of the members shall be held in the month of October at the  hour of 8:00 P.M. If the day for the annual meeting of the members is a legal holiday,  the meeting will be held at the same hour on the first day following which is not a legal  holiday.

Section 2. Special Meetings. Special meetings of the members may be called at any  time by the president or by the Board of Directors, or upon written request of the  members who are entitled to vote one-fourth (1/4) of all of the votes of the entire  membership.

Section 3. Notice of Meetings. Written notice of each meeting of the members shall be  given by, or at the direction of, the secretary or person authorized to call the meeting, by  mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to 

each member entitled to vote thereat, addressed to the member’s address last  appearing on the books of the Association, or supplied by such member to the  Association for the purpose of notice. Such notice shall specify the place, day and hour  of the meeting and, in the case of a special meeting, the purpose of the meeting.

Section 4. Quorum. The presence at the meeting of members entitled to cast, or of  proxies entitled to cast, twenty percent (20%) of the votes entitled to be cast shall  constitute a quorum for any action except as otherwise provided in the Articles of  Incorporation, the Dedication, or these By-Laws. If, however, such quorum shall not be  present or represented at such meeting, the members entitled to vote thereat shall have  power to adjourn the meeting and call another meeting to be held no less than two days  nor more than thirty days after the scheduled meeting, and the required quorum at any  such subsequent meeting shall be one-half (1/2) of the required quorum at the  preceding meeting.

Section 5. Proxies. At all meetings of members, each member may vote in person or  by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be  revocable and shall automatically cease upon conveyance by the member of his Lot.

 

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023

 

Resolution 2023-05

Resolution 2023-05 amends Article 3, Section 2 of the Hunters Creek Homes Bylaws to clarify that suspensions for violation of rules and regulations may last until the violation is resolved, and to ensure that members who are suspended are still required to fulfill their obligations to outside corporations such as the Swim and Racquet Club. Under the amended bylaw, a member’s suspension for violation of rules and regulations will no longer be limited to 90 days. Additionally, suspended members will remain responsible for their obligations to outside corporations such as the Swim and Racquet Club. The resolution took effect immediately upon its adoption

 

 

 

Resolution to Amend Article 3, Section 2 of the Hunters Creek Homes Bylaws

Whereas, Article 3, Section 2 of the Hunters Creek Homes Bylaws currently states that a member’s voting rights and right to use the Recreational Area and recreational facilities may be suspended for a period not to exceed ninety (90) days for violation of any rules and regulations;

And whereas, the Board of Directors believes that it is in the best interests of the Association to clarify that suspensions for violation of rules and regulations may last until the violation is resolved, and to ensure that members who are suspended are still required to fulfill their obligations to outside corporations such as the Swim and Racquet Club;

Now, therefore, be it resolved that Article 3, Section 2 of the Hunters Creek Homes Bylaws be amended to read as follows:

Section 2. Suspension of Membership. During any period in which a member shall be in default in the payment of any annual or special assessment levied by the Association, or in violation of any rules and regulations of the Association, the voting rights and right to use of the Recreational Area and recreational facilities of such member may be suspended by the Board of Directors until the default is cured or the violation is resolved. Such rights of a member may also be suspended, after notice and hearing, until the violation is resolved for violation of any rules and regulations of the Association. Suspension of membership for violation of rules and regulations shall not suspend the member’s obligations to outside corporations such as the Swim and Racquet Club.

This resolution shall take effect immediately upon its adoption.

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023

 

 

Resolution 2023-06:

This resolution aims to revise Article XIII ASSESSEMENTS Section 3 of the bylaws to modernize the criteria and cap for annual assessments. It replaces the previous mechanism for increasing annual assessments tied to the Consumer Price Index with a new approach that considers operating expenses, growth forecasts, and reserve replenishment. Additionally, it establishes a prohibition on using assessment increases solely to finance a single management company.

The current language was crafted half a century ago and features a maximum amount that has never been adjusted for inflation. Furthermore, it relies on an arbitrary figure that is likely to be surpassed by current operating expenses. Given that the board now utilizes the services of a Certified Public Accountant (CPA), this amendment provides a clear methodology for determining the maximum assessment.

 

 

RESOLUTION TO AMEND ARTICLE VIII, SECTION 3 OF THE BYLAWS OF HUNTERS CREEK HOMES ASSOCIATION TO UPDATE THE BASIS FOR AND MAXIMUM OF ANNUAL ASSESSMENTS

WHEREAS, Article VIII, Section 3 of the Bylaws of Hunters Creek Homes Association (the “Bylaws”) currently provides that Until January 1 of the year following the initial Lot conveyance, the maximum annual assessment for Recreational Area and facilities is set at ONE HUNDRED FIFTY DOLLARS ($150.00) for Class A members. Class B members will pay FIVE DOLLARS ($5.00) per year for each recorded Lot until occupancy of dwellings or improvements, at which point they will pay One Hundred Percent (100%) of the regular monthly assessments until Lot conveyance.

(a) From January 1 of the year following the initial Lot conveyance, the maximum annual assessment may be increased yearly in accordance with the rise, if any, of the Consumer Price Index published by the Department of Labor, Washington, D.C., for the preceding year.

(b) From January 1 of the year following the initial Lot conveyance, the maximum annual assessment may be increased beyond the Consumer Price Index formula through a vote of the members for successive three (3) year periods, provided that the change is approved by two-thirds (2/3) of the votes of each class of members in a duly called meeting with proper notice.

(c) Considering maintenance costs and future Association needs, the Board of Directors may set the annual assessment below the maximum.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Association that Article VIII, Section 3 of the Bylaws be amended to read as follows:

Article VIII. Assessments

Section 3. Basis and Maximum of Annual Assessments

(a) The annual assessments for the coming year shall be set based on the following factors for a Self-Managed HOA:

(1) The previous year’s operating expenses;

(2) Projected growth and increase in expenses for the coming year; and

(3) Reserve replenishment.

(b) The annual assessments shall be and are hereby calculated and determined by the Board of Directors in consultation with a Certified Public Accountant (CPA) hired by the Board.

(c) No increase of the annual assessment may be used to fund a single company that oversees the day-to-day operation of the homeowners’ association (“HOA”) but does not add value to the membership base (commonly known as an “HOA management company”).

 

 

 

Current Language: Section 3. Basis and Maximum of Annual Assessments. 

 

Until January 1 of the year immediately following the conveyance of the first Lot, the  maximum annual assessment for the Recreational Area and facilities shall be ONE  HUNDRED FIFTY DOLLARS ($150.00) for Class A members. The Class B member  shall pay FIVE DOLLARS ($5.00) per year assessment on each recorded Lot until such  time as the dwellings or improvements have been occupied, at which time the Class B  member shall pay One Hundred Percent (100%) of the regular monthly assessments  until the Lot is conveyed.

 

(a) From and after January 1 of the year immediately following the conveyance of the  first Lot, the maximum annual assessment may be increased effective January 1 of  each year without a vote of the membership in conformance with the rise,  if any, of the Consumer Price Index (published by the Department of Labor, Washington, D. C.) for the year ending the preceding July 1.

 

(b) From and after January 1 of the year immediately following the conveyance of the  first Lot, the maximum annual assessment may be increased above that established  by the Consumer Price Index formula by a vote of the members for the next

communityhandbook140528.docx 15 Publication Date: May 28. 2014

Hunters Creek Homes Association Handbook

succeeding three (3) years and at the end of each such period of three (3) years, for  each succeeding period of three (3) years, provided that any such change shall  have the assent of two-thirds (2/3) of the votes of each class of members who are  voting in person or by proxy, at a meeting duly called for this purpose, written notice  of which shall be sent to all members not less than thirty (30) days nor more than  sixty (60) days in advance of the meeting setting forth the purpose of the meeting.

 

(c) After consideration of current maintenance cost and future needs of the Association,  the Board of Directors may fix the annual assessment at an amount not in excess of  the maximum.

 

 

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023

 

 

 

Resolution 2023-07

This resolution amends Article XV BOOKS AND RECORDS of the Hunters Creek Homes Association Bylaws to align with Virginia law, which requires homeowner associations to make their books and records available to members in good standing by providing procedures for doing so.

 

 

Resolution to Amend Article XV of the Bylaws of Hunters Creek Homes Association to Restrict Inspection of Books and Records to Regularly Scheduled Monthly Board Meetings with 10 Days Written Notice

Whereas, the Virginia Property Owners’ Association Act (POAA) requires homeowner associations (HOAs) to keep detailed records of receipts and expenditures and to make those records available to members in good standing; and

Whereas, the Hunters Creek Homes HOA is committed to complying with all applicable laws and regulations;

Now, therefore, be it resolved that the Hunters Creek Homes HOA hereby adopts the following policies and procedures to comply with the POAA’s requirements on association records:

Association Records

The Hunters Creek Homes HOA will keep detailed records of all receipts and expenditures affecting the operation and administration of the association. All financial books and records will be kept in accordance with generally accepted accounting practices.

Subject to the provisions of Section 55.1-1815(C) of the POAA, all books and records kept by or on behalf of the association will be available for examination and copying by members in good standing or their authorized agents at regularly scheduled monthly Board meetings with 10 days written notice to the Secretary of the Association.

Requests for access to association records must be made in writing to the association’s Secretary at the address of records. Record requests will be responded to within 10 days in line with POAA requirements.

The association will provide copies of requested records at a reasonable cost. The cost will be based on the actual costs of materials and labor incurred by the association in responding to the request.

The association may withhold records that are exempt from disclosure under the POAA, such as personnel matters, contracts under negotiation, and pending litigation.

Alternative Method of Requesting Records

In addition to the method set forth above, members may also request access to association records electronically via our document provider via our website.

A fee schedule for the electronic records via our document provider is updated on the provider’s website.

 

 

 

 

Current Language

 

Article XV Books and Records

 

The books, records and papers of the Association shall at all times, during reasonable  business hours, be subject to inspection by any member. The Dedication, the Articles of  Incorporation and the By-Laws of the Association shall be available for inspection by  any member at the principal office of the Association, where copies may be purchased  at a reasonable cost.

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023

 

 

 

Resolution 2023-08:

This resolution aims to remove gender-specific language from the association’s bylaws, making them more inclusive and aligned with modern standards. It acknowledges that the original bylaws, adopted in 1973, may contain outdated and gender-specific language that needs to be updated to reflect current values and practices.

RESOLUTION TO REMOVE GENDER-SPECIFIC LANGUAGE FROM THE BYLAWS

WHEREAS, the Association’s bylaws were adopted in 1973, and have not been significantly amended since; and,

WHEREAS, the language of the bylaws reflects the social norms of the time in which they were written, and some of that language is now outdated and gender-specific; and,

WHEREAS, the Association is committed to creating a more inclusive and welcoming environment for all of its members, regardless of their gender identity; and,

WHEREAS, removing gender-specific language from the bylaws will not affect the legality or outcome of the document, but will make it more inclusive.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Association that, in the 2023 bylaw update, all gender-specific language references will be removed.

 

 

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023

 

 

 

Resolution 2023-09:

The by-laws only reference Class B Members which no longer exist

RESOLUTION TO AMEND BYLAWS BY REMOVING ALL REFERENCES TO CLASS B MEMBERSHIP

WHEREAS, the Association’s bylaws currently contain references to Class B Membership; and

WHEREAS, Class B Membership has not existed since January 1, 1981; and

WHEREAS, the Association’s Articles of Incorporation contain a separate definition of Class B and C Members, which are Town House and Condominium owners, respectively; and

WHEREAS, the Association desires to remove all references to Class B Membership from its bylaws;

NOW, THEREFORE, BE IT RESOLVED that the Association’s bylaws be amended as follows:

  1. All sections of the bylaws are hereby amended to reflect only one class of membership
  2. All other references to Class B Membership in the bylaws are hereby deleted.

BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption.

 

Approval of Resolution

This is to certify that the above resolution was approved by the Board of Directors of Hunters Creek Homes Association on October 18, 2023, in Herndon, Virginia, by a vote of _____Ayes, _______Nays, and  Abstentions:____________

Comments/Changes:

 

 

The final recording of this Amendment may be corrected by our attorney of record, Chadwick, Washington, Moriarty, Elmore & Bunn P.C., to correct or clarify any aspects of the Amendment to assure proper spelling, amendment heading/location , grammar, and clarity, without modifying the intent and spirit of the Amendment.

Signatures

Charles Williams, President

__________________________________________

Rory Spencer, Vice President

__________________________________________

Seal

Date

October 18, 2023