5. By-Laws

JUNE 2023

Hunters Creek Homes
417 Queens Row St
Herndon, VA 20170
board@hunterscreek.org

By-Laws of Hunters Creek Homes Association

As amended and filed with the Fairfax County Land Office on December 16, 1976, and as amended on August 23, 2001.

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. However, meetings of members and directors may be held at places within the State of Virginia, County of Fairfax, as designated by the Board of Directors.

Article II Definitions

Section 1. “Association” shall mean and refer to Hunters Creek Homes Association, its successors, and assigns.

Section 2. “Properties” shall mean and refer to all real property which, from time to time, may be brought within the jurisdiction of the Association.

Section 3. “Recreation Area” shall mean all real property owned by the Association for the common use and enjoyment of the members of the Association.

Section 4. “Member” shall mean and refer to 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 in Sections One, Two, and Three, Hunters Creek, as the same may from time to time be dedicated, platted, and recorded among the Fairfax County, Virginia, land records.

Section 5. “Dedication” shall mean and refer to the Deed of Dedication and Subdivision applicable to the Properties recorded in the Office of the Clerk of the Circuit Court of Fairfax County, Virginia.

Article III Membership

Section 1. 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 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. This provision does not 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 a lot shall be the sole qualification for membership.

Section 2. Suspension of Membership. During any period in which a member is in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use the Recreational Area and recreational facilities of such member may be suspended by the Board of Directors until the assessment has been paid. The 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.

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 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.
  6. 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.
  7. Any member may delegate their rights of enjoyment of the Recreational Area and facilities to the members of their family, tenants, or contract purchasers who reside on the property. Such a member shall notify the secretary in writing of the name of any such delegatee. The rights and privileges of such delegee are subject to suspension to the same extent as those of the member.

Article V Board of Directors: Selection: Term of Office

Section 1. Number. The affairs of this Association shall be managed by a Board of five (5) directors, who need not be members of the Association.

Section 2. Election. At the first annual meeting, the members shall elect one director for a term of one year, two directors for a term of two years, and two directors for a term of three years. As the terms of such directors expire, new directors shall be elected for terms of three years.

Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation, or removal of a director, their successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of their predecessor.

Section 4. Compensation. No director shall receive compensation for any service they may render to the Association. However, any director may be reimbursed for their actual expenses incurred in the performance of their duties.

Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting, which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.

Section 6: Quorum for Any Action Authorized Under Sections 3 and 4

At the first meeting called, as provided in Sections 3 and 4, the presence of members or proxies entitled to cast 50% of all the votes of the membership shall constitute a quorum. If the required quorum is not met at any meeting, another meeting may be called subject to the notice requirement in Sections 3 and 4. The required quorum at any subsequent meeting shall be half of the quorum required at the preceding meeting. No subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 7: Date of Commencement of Annual Assessments Due Dates

The annual assessments shall commence as to all Lots, except as provided in Section 3, on the first day of the month following the conveyance of the first Lot to an owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment for each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every member subject to it. The monthly due dates shall be established by the Board of Directors. Upon demand, the Association shall furnish a written certificate signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. The Board may charge a reasonable fee for issuing these certificates. Such certificates shall be conclusive evidence of payment of any assessment stated therein to have been paid.

Section 8: Effect of Nonpayment of Assessments: Remedies of the Association

If any assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of six (6) percent per annum. The Association may bring an action at law against the member personally obligated to pay or foreclose the lien against the property. Interest, costs, and reasonable attorney’s fees, if incurred, shall be added to the amount of such assessment. No member may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.

Section 9: Subordination of the Lien to Mortgages

The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or mortgages. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to a foreclosure decree or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

Section 10: Exempt Property

The following property shall be exempt from the assessments created herein: (a) all Properties dedicated to and accepted by a local public authority; (b) all Properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia; however, no Lot utilized for dwelling purposes shall be exempt from payments of assessments.

Article XIV: Annexation

Additional residential property, recreational areas, or common areas may be annexed to the Properties by OTIS D. COSTON, JR. and GORDON V. SMITH, TRUSTEES, or their successors or assigns without the consent of the other members until September 1, 1979. The right to annexation of additional property to the Properties shall be limited to a certain tract or parcel of land described in a certain Deed of Conveyance dated March 12, 1970, to James B. Lockwood, Jr. and Phillip B. Shalloway, and recorded in Deed Book 3280, at page 547, in the land records of Fairfax County, Virginia, containing 10.1129 acres, more or less. Thereafter, annexation requires the consent of TWO-THIRDS (2/3) of the votes, in person or by proxy, entitled to be cast by the entire membership.

Article XV: Books and Records

The books, records, and papers of the Association shall be subject to inspection by any member during reasonable business hours. 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.

Article XVI: Corporate Seal

The Association shall have a seal in circular form with the words “Hunters Creek Homes Association, a Virginia Corporation” within its circumference.

Article XVII: Amendments

These By-Laws may be amended at a regular or special meeting of the members by a vote of the majority of a quorum of members present in person or by proxy. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control, and in the case of any conflict between the Dedication and these By-Laws, the Dedication shall control.

Article XVIII: FHA/VA Approval

As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of these By-Laws.

Article XIX: Miscellaneous

The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

Enabling Legislation in the Code of Virginia

The Virginia Property Owners Association Act (Code of Virginia, Title 55, Chapter 26) is the enabling legislation for the rules and regulations of the Association. In addition to other provisions, this act grants the Association the following (§ 55-513.A):

The board of directors of the association shall have the power to establish, adopt, and enforce rules and regulations with respect to the use of the common areas and with respect to such other areas of responsibility assigned to the association by the declaration, except where expressly reserved by the declaration to the members. Rules and regulations may be adopted by resolution and shall be reasonably published or distributed throughout the development. A majority of votes cast, in person or by proxy, at a meeting convened in accordance with the provisions of the association’s bylaws and called for that purpose, shall repeal, or amend any rule or regulation adopted by the board of directors. Rules and regulations may be enforced by any method normally available to the owner of private property in Virginia, including, but not limited to, application for injunctive relief or damages, during which the court may award to the association court costs and reasonable attorneys’ fees.

The following sections of this handbook contain the rules and regulations of the Hunters Creek Homes Association as authorized by the Virginia Property Owners Act and the Association’s Covenants and Restrictions, amended By-laws, and amended Articles of Incorporation.

Violations and Charges for Violations

Charges for Non-Payment of Assessments

The Hunters Creek Homes Association (HCHA) may impose charges for non-payment of assessments. The following charges may be imposed:

  • Interest at 6% per year on any unpaid assessment.
  • A late fee of $30 for any assessment that is not paid within 60 days of the due date.
  • A late fee of $50 for any assessment that is not paid within 90 days of the due date.

The Hunters Creek Homeowners Association (HCHA) may impose charges for non-compliance with the Hunters Creek Covenants, Bylaws, or Rules and Regulations in the Community Handbook. The following charges may be imposed:

  • A fee of $50.00 plus $10.00 per day until resolved for any violation of the Covenants, Bylaws, or Rules and Regulations.

Before any charges are imposed, the homeowner, property owner, or tenant will be notified at least 14 days prior to a hearing regarding the violation. They will have the opportunity to be heard and represented by counsel at the hearing. If they fail to appear at the hearing, the Board may conduct the hearing and determine the imposition of any charge or penalty without further input from them. Hearing results will be hand-delivered or sent by registered or certified mail, return receipt requested, to the homeowner, property owner, or tenant at the address on record within seven days of the date of the hearing.

The following items may be subject to charges:

  • Grass higher than 8 inches
  • Lack of maintenance of home, accessory buildings, including but not limited to the following:
    • Siding
    • Roofs
    • Trim and fascia boards
    • Shutters
    • Front doors
    • Front storm doors
    • Windows
    • Decks
    • Patios
    • Firewood piles
    • Accessory buildings
    • Mailboxes
    • Gutters and downspouts
    • Fences
    • Driveways and pipe stems
    • Any other attachment to a dwelling or accessory building
    • Junk vehicles

The following additional items may result in an Association assessment charge and or Town penalty:

  • It is unlawful to permit dogs to run loose or foul neighbors’ yards or public areas according to Town ordinance.
  • Storage of trash, garbage, rubbish, or debris on any lot at a time other than the designated collection day.
  • Storage of trash or garbage containers in such a manner as to be visible from the public right-of-way, except on designated collection days.
  • Implementing any exterior change or alteration that requires HCHA approval without obtaining HCHA approval prior to starting.

The Town of Herndon defines an inoperable vehicle as “any motor vehicle, trailer, or semitrailer which is not in operating condition; or does not display valid license plates; or does not display an inspection decal that is valid or does display an inspection decal that has been expired for more than 60 days.” Storage of inoperable vehicles outside of a building not screened from view constitutes a Town misdemeanor. The Hunters Creek Homes Association has adopted this same definition for what constitutes a junk vehicle. Our Covenants in Hunters Creek are specific that no junk vehicles are allowed to be stored on any lot in the community.

Enforcement by Hunters Creek Homes Association of junk vehicle conditions is handled in accordance with Section B, “General Upkeep, Maintenance, and Violations” above. Also, at this time, the Town of Herndon will be notified of the vehicle so that Town ordinances can be enforced.

Vehicle Storage

Pursuant to the Hunters Creek Homeowners Association (HCHA) regulations, a homeowner may have a vehicle stored temporarily on their property for restoration, provided that the following conditions are met:

  • The vehicle is properly licensed.
  • The vehicle is covered with a commercial type of vehicle cover of a neutral color, so that only the wheels are visible.
  • There is no evidence of any vehicle parts or supplies visible on the premises.
  • The restoration project has been approved by the HCHA Board of Directors.
  • The vehicle is not stored for more than 6 months.

Street Parking of Vehicles

Parking vehicles are prohibited from parking within 20 feet of an intersection or 5 feet of a driveway. This is enforceable by both the Town of Herndon and HCHA.

Commercial Vehicle Parking

No person shall park any commercial vehicle on the roads, highways, or streets in areas zoned for residential use in the town for a continuous period of more than two hours.

One resident of each single-family detached or attached, multiple-family, or two-family dwelling unit in areas zoned for residential use may park per dwelling unit on the street with respect to and adjoining or adjacent to the dwelling unit of the resident one vehicle licensed as a taxicab or limousine, provided in all such cases other vehicles are permitted to park there.

No parking of any commercial vehicles is permitted in Hunters Creek Homes. This includes all vehicles with a gross vehicle weight rating (GVWR) greater than 10,000 pounds, all vehicles with ladders or utility racks, and any vehicles with signs, lettering, or markings. A single taxicab or limo with markings can be parked per residence.

Exceptions

The provisions of this section shall not apply to a commercial vehicle:

  • When temporarily parked pursuant to the performance of work or service at a particular location.
  • When parked in a commercial office, planned development, mixed use, or neighborhood commercial zoning district, adjoining or adjacent to a commercial use.