Membership - Article III
Relevant Bylaws
Article III Membership
Section 1. Membership. Every person or entity who is recorded owner of a fee or undivided fee interest in any residential lot which is subject to the Covenants and Restrictions for Hunters Creek as the same may from time to time be dedicated, platted and recorded among the Fairfax County, Virginia, land records, shall be a Class A member of the Association. The foregoing is not intended to include persons who hold an interest merely as security for the performance of an obligation. No owner, whether one or more persons, shall have more than one membership per lot. Membership shall be appurtenant to and may not be separated from ownership of any lot. Ownership of such lot shall be the sole qualification for membership.
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, 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 such assessment has been paid. Such rights of a member may also be suspended, after notice and hearing, for a period not to exceed ninety (90) days, for violation of any rules and regulations established by the Board of Directors governing the use of the Recreational Area and facilities.
Plain English
Section 1. Membership
Who is a Member?
Every person or entity that owns a residential lot in Hunters Creek, as recorded in the land records of Fairfax County, Virginia.
Ownership must be of a full interest or a shared full interest in the property.
Who is Not a Member?
Individuals or entities that hold an interest in a property solely as security (like a mortgage lender) are not considered members.
One Membership per Lot:
Regardless of the number of owners, each lot is entitled to only one membership in the Association.
Membership Cannot Be Separated from Property Ownership:
Membership is automatically connected to the ownership of the lot and cannot be transferred separately.
Owning a lot is the only requirement for being a member.
Section 2. Suspension of Membership
Non-Payment of Assessments:
If a member does not pay annual dues or special fees, the Board of Directors may suspend their voting rights and access to the Recreational Area and facilities until all payments are made.
Violation of Rules:
The Board can suspend a member's rights for up to 90 days if they violate the rules governing the use of the Recreational Area and facilities.
The member will receive notice and have the opportunity for a hearing before suspension.
Relevant Processes
Becoming a Member:
Membership is automatic upon purchasing a lot within Hunters Creek that is subject to the Association's Covenants and Restrictions.
Maintaining Good Standing:
Pay all annual and special assessments on time.
Adhere to all rules and regulations established by the Board of Directors.
Suspension Procedures:
For Non-Payment:
The Board will notify the member of the default.
Voting rights and facility access are suspended until debts are settled.
For Rule Violations:
The member will receive a notice detailing the violation.
A hearing will be scheduled to allow the member to respond.
Post-hearing, rights may be suspended for up to 90 days.
Key Takeaways:
Membership is inherently linked to property ownership in Hunters Creek.
Only property owners in good standing have full membership rights.
The Board of Directors has the authority to enforce rules and ensure compliance through suspension of rights when necessary.