JUNE 2023
Hunters Creek Homes
417 Queens Row St
Herndon, VA 20170
[email protected]
Amended Articles of Incorporation of Hunters Creek Homes Association
Introduction:
The Amended Articles of Incorporation of Hunters Creek Homes Association, executed on August 23, 1973, and amended on October 1, 1977, are available here. The official documents are on file at the Office of the State Corporation Commission. This version has been modified for grammar spelling and readability –
Article I: Name of the Corporation
The corporation is known as HUNTERS CREEK HOMES ASSOCIATION, hereinafter referred to as the “Association.”
Article II: Initial Registered Office
The initial registered office of the Association is located at P.O. Box 547, 10409 Main Street, City of Fairfax, Virginia.
Article III: Initial Registered Agent
Daniel H. Shaner, a resident of Virginia, a member of the Virginia State Bar, and a Director of the Corporation, with a business address at P.O. Box 547, 10409 Main Street, Fairfax, Virginia, 22030, is hereby appointed as the initial registered agent of this Association.
Article IV: Purpose and Powers of the Association
The Association is a non-stock non-profit corporation established to provide the following:
- Recreational facilities for the benefit of its members, their guests, and invitees.
- Maintenance, preservation, and architectural control of residential lots.
- Ownership, improvement, maintenance, and preservation of Recreational Areas acquired by the Association.
- Promotion of the health, safety, and welfare of members.
The Association shall have the authority to:
- Exercise powers and privileges as specified in the By-Laws of Hunters Creek Homes Association.
- Levy and collect charges or assessments as per the By-Laws, covering expenses, licenses, taxes, or governmental charges related to Association’s property.
- Acquire, own, hold, improve, operate, convey, sell, lease, transfer, or dedicate real or personal property related to the Association’s affairs.
- Borrow money, mortgage, pledge, or hypothecate its real or personal property as security.
- Exercise all powers, rights, and privileges granted to a non-stock corporation under the laws of the Commonwealth of Virginia.
Article V: Membership
Every person or entity who is a record owner of a fee or undivided fee interest in any residential lot subject to the Covenants and Restrictions for Hunters Creek shall be a member of the Association. Each owner shall have one membership per lot or Townhouse, and membership shall be tied to ownership.
Article VI: Voting Rights
The Association shall have three classes of voting memberships:
Class A: All residential lot owners, excluding Class B and Class C members, entitled to one vote per lot they own.
Class B: Owners of certain Townhouses subject to the Master Deed for Hunters Creek Condominium, with voting rights similar to Class A members.
Class C: Trustees or their successors or assigns, holding a specific number of votes for each lot or Townhouse, until specific events occur.
Article VII: Board of Directors
The Association shall be managed by a Board of five (5) Directors, who need not be members of the Association. The initial Board members are listed herein, and new directors will be elected for three-year terms as existing directors’ terms expire.
Article VIII: Liabilities
The Association’s total indebtedness or liability may not exceed 150 percent of its income for the previous fiscal year, with additional amounts subject to approval by the membership at a duly held meeting.
Article IX: Authority to Mortgage or Encumber
Any mortgage or deed of trust by the Association of Common Area or Recreational Area shall require the assent of more than two-thirds (2/3) of the votes, in person or by proxy, entitled to be cast by the entire membership at a duly held meeting.
Article X: Authority to Dedicate
The Association may dedicate, grant easements, sell, or transfer parts of Common Area or Recreational Area to public agencies or utilities with the approval of more than two-thirds (2/3) of the votes, in person or by proxy, entitled to be cast by the entire membership at a duly held meeting.
Article XI: Dissolution
The Association may be dissolved with the assent of more than two-thirds (2/3) of the votes, in person or by proxy, entitled to be cast by the entire membership at a duly held meeting. Upon dissolution, the assets of the Association shall be dedicated to an appropriate public agency for purposes reflecting the Association’s objectives.
Article XII: Duration
The corporation shall exist perpetually.
Article XIII: Amendments
Amendments to these Articles shall require the assent of seventy-five percent (75%) of the votes, in person or by proxy, entitled to be cast by the entire membership at a duly held meeting.
IN WITNESS WHEREOF, we, the undersigned, constituting the incorporators of this Association, have executed these Articles of Incorporation on August 23, 1973.
Otis D. Coston, Jr. Kenneth F. Murphy William T. Klevan
Articles of Amendment of the Articles of Incorporation of Hunters Creek Homes Association
- The name of the Corporation is Hunters Creek Homes Association.
- The following amendments to the Articles of Incorporation were adopted on October 1, 1977:
Amend Article V Membership
Every person or entity who is a record owner of a fee or undivided fee interest in any residential lot subject to the Covenants and Restrictions for Hunters Creek, as recorded among the Fairfax County, Virginia land records, shall be a Class A member of the Association. No owner shall have more than one membership per lot. Membership is tied to ownership of the lot.
Amend Article VI Voting Rights
The Association shall have two classes of voting membership:
Class A: Owners of residential lots subject to the Covenants and Restrictions for Hunters Creek, with one vote per lot they own.
Class B: Trustees or their successors or assigns, holding a specific number of votes for each lot, with specific events triggering a change to Class A membership.
- The aforesaid amendments were found to be in the best interests of the corporation and approved at a meeting of the Members on September 22, 1977, with more than seventy-five percent (75%) of the votes, in person or by proxy, entitled to be cast by the entire membership.
Executed on March 1, 1978, in the name of the corporation by its President and Secretary.
HUNTERS CREEK HOMES ASSOCIATION
ATTEST:
Thomas K. Brown
President
Donald R. Redrup Secretary