Membership - Article III
Relevant Bylaws
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:
The right of the Association to limit the number of guests of members
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;
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;
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,
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.
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.
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 members.
Plain English
Overview:
Every member of the Association has the right to use and enjoy the Recreational Area and its facilities. However, these rights come with certain conditions and are subject to the Association's rules and regulations outlined below.
Provisions:
Limiting Guests:
Association's Right: The Association can set limits on how many guests a member can bring to the Recreational Area and facilities.
What This Means for Members: Before inviting guests, check the current guest policy to ensure compliance.
Charging Fees:
Association's Right: The Association may charge reasonable admission or other fees for using the Recreational Area and its facilities.
What This Means for Members: Be prepared to pay any applicable fees when using certain amenities or facilities.
Borrowing Money for Improvements:
Association's Right: The Association can borrow money to improve the Recreational Area and facilities.
Mortgaging Property: To secure loans, the Association may mortgage the Recreational Area or acquire property that is already mortgaged.
What This Means for Members: Improvements may be financed through borrowing, which could impact future assessments.
Suspension of Rights:
Non-Payment of Assessments:
If a member fails to pay annual dues or special assessments, the Association can suspend their voting rights and access to the Recreational Area and facilities until the debt is cleared.
Rule Infractions:
For violating published rules, the Association can suspend a member's rights for up to 90 days.
What This Means for Members: Stay current on payments and adhere to rules to maintain full membership privileges.
Dedication or Transfer of Recreational Area:
Association's Right: The Association can dedicate or transfer all or part of the Recreational Area to a public agency, authority, or utility.
Member Approval Required:
Such action requires agreement from members holding two-thirds (2/3) of the votes from both Class A and Class B memberships.
Notice Requirement: Members must receive written notice of the proposed action between 30 and 60 days before it occurs.
Approval from Town Authorities: The Town of Herndon, Virginia, must also approve the action.
What This Means for Members: Significant changes to the Recreational Area involve member participation and advance notice.
Leasing the Recreational Area:
Association's Right: The Association can lease all or part of the Recreational Area under terms it deems appropriate.
What This Means for Members: Leasing decisions are at the Association's discretion, potentially affecting access or use.
Delegating Rights:
Members May Delegate To:
Family members residing in the home.
Tenants or contract purchasers living on the property.
Notification Requirement:
Members must inform the Association's secretary in writing with the names of those to whom they delegate their rights.
Suspension Applies to Delegees:
Delegated individuals are subject to the same suspension rules as the member.
What This Means for Members: You can extend your rights to others living in your home, but you must officially notify the Association.
Relevant Processes for Board
Setting Guest Limits:
Action Required:
Develop Guest Policies: The Board should create clear policies on guest limits for the Recreational Area and facilities.
Review and Update: Regularly review guest policies to ensure they meet the community's needs.
Compliance Steps:
Document Policies: Record guest limit policies in official documents and meeting minutes.
Communicate: Inform all members about guest policies through newsletters, emails, or postings.
Establishing and Adjusting Fees:
Action Required:
Determine Fee Structure: Assess operational costs to set reasonable admission and usage fees.
Approval Process: Approve fees during Board meetings with proper documentation.
Compliance Steps:
Transparency: Provide detailed explanations for fee changes to members.
Notification: Send timely notices to members about new or adjusted fees.
Borrowing Funds and Mortgaging Property:
Action Required:
Identify Improvement Needs: Evaluate necessary improvements to the Recreational Area and facilities.
Financial Planning: Prepare proposals for borrowing funds, including loan terms and repayment plans.
Compliance Steps:
Board Approval: Secure approval from the Board as per the Articles and By-Laws.
Legal Consultation: Consult with legal advisors to ensure compliance with state laws and regulations.
Member Communication: Inform members about borrowing decisions that may affect assessments or dues.
Suspending Member Rights:
Action Required:
Non-Payment Procedures:
Monitor Payments: Keep accurate records of member assessments and payments.
Issue Notices: Send written notices to delinquent members outlining outstanding amounts and consequences.
Rule Infraction Procedures:
Document Infractions: Keep records of violations of published rules.
Provide Due Process: Offer notice and an opportunity for a hearing before suspending rights.
Compliance Steps:
Fair Enforcement: Apply suspension policies consistently to all members.
Record Keeping: Document all communications and actions taken regarding suspensions.
Dedication or Transfer of Recreational Area:
Action Required:
Proposal Development: Draft a detailed proposal for dedication or transfer, including terms and benefits.
Member Voting: Organize a vote requiring two-thirds approval from both Class A and Class B members.
Compliance Steps:
Advance Notice: Send written notice to all members 30-60 days before the vote.
Authority Approval: Obtain necessary approvals from the Town of Herndon, Virginia.
Documentation: Record the signed instrument agreeing to the dedication or transfer.
Leasing the Recreational Area:
Action Required:
Identify Leasing Opportunities: Evaluate potential benefits of leasing parts of the Recreational Area.
Set Terms: Define terms and conditions suitable for the lease agreement.
Compliance Steps:
Legal Review: Ensure lease agreements comply with Association rules and local laws.
Member Awareness: Inform members of leasing decisions that may impact their use of facilities.
Managing Delegated Rights:
Action Required:
Maintain Records: Keep an updated list of members who have delegated their rights and to whom.
Verification Process: Ensure members provide written notification for any delegation of rights.
Compliance Steps:
Policy Enforcement: Apply the same rules and potential suspensions to delegees as to members.
Communication: Educate members on the proper procedure for delegating rights.