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BOARD RESOLUTIONS


Resolution 2 - Parking Enforcement
Resolution 3 - Assessment Collection
Resolution 4 - ARC
Resolution 5 - Due Process
Resolution 6 - Trash and Common Area
Resolution 7 - Association Complaint Procedures


Leewood Homeowners Association
Resolution 2.

January 10, 1995

Whereas, Article XVIII of the Bylaws specifies a parking policy for Leewood, and
Whereas, Article XVIII, Section 5. provides for towing by the association,
The Board of Directors wishes to enforce these restrictions and hereby RESOLVES that:

  1. If a vehicle is parked so as to pose a hazard to the citizens of Leewood, block the streets, or prevent access to parking spaces, the vehicle may be towed immediately.
  2. If vehicles are otherwise parked legally, but do not have the proper registration, tags, and inspection: The Association will place a notice on the vehicle specifying the violation. If, within one week the violation has not been remedied, the Association shall call the Fairfax Police for ticketing and towing. If the police do not respond in a timely matter, the Association may tow the vehicle.
  3. Other parking violations will be handled as follows:
    1. Upon receipt of complaint by a resident, the Association shall place a warning notice on the vehicle. If the vehicle remains in violation of the parking restrictions, and no response has been made by the owner of the vehicle, the Association may tow the vehicle after 24 hours has elapsed. Before a vehicle is towed, the resident must complain again about the violation, and accompany a board member while waiting for the tow truck to arrive.
    2. If a vehicle has received a warning notice for violating the Association parking restrictions, the vehicle may be towed the next time that the restrictions are violated by that vehicle, with no further notice. The resident complaining about said parking violation will accompany a board member while waiting for the tow truck to arrive.
  4. The warning notices referred to in this document will specify Leewoods parking restrictions and which parking restriction has been violated. The Association shall keep a file of the violations which shall include: license plate number, make of vehicle, date of the warning notice, and the name of the person who complained. If a warning is over six months old, another warning must be issued before the vehicle may be towed.
Signed: /s/: Judith B. Currier, President
Date: January 10, 1995


Leewood Homeowners Association, Inc.
Resolution No. 3

June 13, 1995

WHEREAS, Article VI, Section 7, of the Declaration of Covenants, Conditions and Restrictions of the Leewood Homeowners Association, Inc. (hereinafter the "Declaration") provides that the Board of Directors shall fix the amount of the annual assessment against each lot and establish the due dates therefor; and

WHEREAS, Article XII, Section 7, of the By-laws of Leewood Homeowners Association, Inc. provides further that the Board has the authority to fix the amount of the annual assessment and establish the due date thereof; and

WHEREAS, the Board of Directors has determined that it is in the best interests of the Association that assessments be timely paid;

NOW, THEREFORE, it is hereby resolved that annual assessments are due in full on the first day of each year, however, the Board may permit assessments to be paid in installments as may be determined by the Board prior to fixing the amount of any such assessment; and

FURTHER BE IT RESOLVED that if any such installment is not paid when due, then the entire balance of the assessment shall be due and payable in full, along with interest, costs, and attorneys' fees as otherwise provided for in the Association's documents.

YEA MEMBER NAY
X Judith B. Currier
X Champlin Buck
X Barbara Rolling
X Steve Hryckiewicz
X Tony McSorley

X MOTION DECLARED ADOPTED
MOTION DECLARED FAILED

June 13, 1995 /s/: Judith B. Currier
DATED ATTESTED


Leewood Homeowners Association
Policy Resolution No. 4

February 10, 1998

Name of Committee to Assist Board in Rule and Covenant Compliance

WHEREAS, Article VIII of the Declaration empowers the Board to designate a committee that will assist in the review of any changes, improvements, alterations or exterior additions; and

WHEREAS, Article IX of the By-laws empowers the board to designate committees to assist in carrying out its purposes; and

WHEREAS, the Board desires to redesignate the name of the Architectural Control Committee, to the Architectural Review Committee.

NOW, THEREFORE, it is hereby resolved that the Architectural Control Committee shall hereby be called and designated the Architectural Review Committee.

Motion by: Champlin Buck, Supported by: Steve Hryckiewicz

YEA MEMBER NAY
X Judith B. Currier
X Champlin Buck
X Steve Hryckiewicz
X Barbara Rolling
X Al Sanford

X MOTION DECLARED ADOPTED
MOTION DECLARED FAILED

February 10, 1998 /s/: Judith B. Currier
DATED ATTESTED


Leewood Homeowners Association
Policy Resolution No. 5

February 10, 1998

Procedures for the Enforcement of the Declaration
and Rules and Regulations of the Association

WHEREAS, Article XI of the Declaration empowers the Association to enforce all restrictions, conditions, covenants and reservations imposed by the provisions of the Declaration; and

WHEREAS, Section 55-513 A. of the Code of Virginia 1950, as amended, provides that "[t]he 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." The statute further provides that "[r]ules 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;" and

WHEREAS, Section 55-513 B. of the Code of Virginia 1950, as amended, provides that the Board of Directors of the Association shall have the power, to the extent the Declaration or Rules and Regulations duly adopted pursuant thereto expressly so provide to (i) suspend a member's right to use facilities or services, including utility services, provided directly through the Association for nonpayment of assessments which are more than sixty days past due, to the extent access to the lot through the common areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant and (ii) assess charges against any member for any violation of the declaration or rules and regulations for which the member or his family members, tenants, guests or other invitees are responsible; and

WHEREAS, pursuant to Article VIII of the Declaration and Article IX, Section 1 of the By-laws, the Board of Directors has appointed an Architectural Review Committee to monitor compliance with the Leewood Community Design and Maintenance Standards; and

WHEREAS, for the benefit and protection of the Association, its members and residents, the Board deems it desirable to establish a procedure providing due process for acting upon questions of compliance and enforcement with the Declaration and Rules and Regulations adopted pursuant thereto.

NOW, THEREFORE, BE IT RESOLVED THAT procedures for the enforcement of the Declaration and the Rules and Regulations of the Association shall be in accordance with the following:

  1. Complaints:
    1. Any owner or resident (hereinafter "Complainant") aggrieved with an alleged violation of the Declaration or Rules and Regulations may file a complaint with the Board of Directors. The complaint shall be in writing and shall identify the alleged violator, the nature of the violation, and the name of the person filing the complaint.
    2. Upon receipt of a complaint the Board of Directors shall:
      1. If the Board determines that the nature of the alleged violation threatens life, safety, health, property or violates any Federal, State, or local law, the Board may notify the appropriate authorities and may file any appropriate legal proceeding without giving any notice except that required by law. The Board may also proceed directly with scheduling a hearing and send the appropriate notice as provided for herein.
      2. If the nature of the violation concerns the Leewood Design and Appearance Standards (aka Leewood Design and Maintenance Standards), the Board of Directors may refer the matter to the Architectural Review Committee (hereinafter the "Committee"). The Committee shall promptly investigate the complaint and attempt to resolve the matter with the parties involved and shall prepare and deliver a written report containing the Committee's recommendations and findings to the Board of Directors within sixty (60) days from the date the complaint was referred. If the matter is resolved to the Board's satisfaction, the complaint shall be dismissed with notice of said action being sent to the parties concerned. If further action is required or the Committee is unable to resolve the matter within the time provided, the Board may refer the complaint back to the Committee setting forth what action is to be taken and providing for further Board review.
  2. Proceedings before the Board of Directors:
    1. If the complaint is not referred to the Committee, or if the Committee is unable to resolve the matter to the Board's satisfaction within the time provided, the Board shall review the complaint and make an initial determination if probable cause of a violation exists.
    2. If the Board determines that no probable cause of a violation exists, the complaint shall be dismissed with notice of the action being sent to the Complainant.
    3. If the Board determines that probable cause of a violation exists, a letter shall be sent to the person accused of the violation (hereinafter the "Respondent") informing him of the complaint and requesting that he respond to the Board in writing within fourteen (14) days either denying the allegations, stating that the behavior complained of has been corrected, or acknowledging the existence of a violation and agreeing to correct the problem within a specified amount of time.
    4. If Respondent has voluntarily brought himself into compliance with the Declaration and Rules and Regulations to the satisfaction of the Board, the complaint shall be dismissed with both the Complainant and Respondent being sent notice of the status of the matter. If the Respondent denies the allegations or fails to respond within the time provided, then a formal hearing will be scheduled with a notice of the hearing being sent to the Respondent as further provided herein. If the Respondent acknowledges the existence of a violation and agrees to correct the problem, the Board may defer further action or refer the matter to the Committee for further action as directed by the Board.
  3. Hearings:
    1. Notice of a hearing scheduled before the Board of Directors containing the date, time and location of the hearing and advising the Respondent that he shall be given an opportunity to be heard and to be represented by counsel, shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the Respondent at his address of record with the Association at least fourteen (14) days prior to the date of the hearing. The form of such notice shall be as provided for in Exhibit 1. attached hereto.
    2. The hearing shall be held at a meeting of the Board of Directors properly convened in closed session as provided for in Section 55-510 of the Code of Virginia 1950, as amended. Evidence of the violation may be presented by any Board or Committee member or by the Association's legal counsel. The Respondent shall be given an opportunity, either personally or by counsel, to introduce evidence and present argument in defense of the allegation.
    3. At the conclusion of the hearing, the Board shall:
      1. Defer making a finding with or without conditions;
      2. Make findings as to whether or not a violation of the Declaration or Rules and Regulations exists. If the Board finds that no violation exists, the complaint shall be dismissed. If the Board finds that a violation does exist, the Board may take addition action as further provided herein. At the conclusion of the hearing the Board shall reconvene in open session and vote on the proposed action in accordance with the provisions of Section 55-510 of the Code of Virginia 1950, as amended, and the Declaration and By-laws.
    4. Upon finding a violation the Board of Directors shall have the power to:
      1. Suspend the right to use facilities or services provided directly through the Association for the nonpayment of assessments which are more than sixty (60) days past due, to the extent that access to a lot through the common areas is not precluded and provided that the suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant; and
      2. Assess charges against any member of the Association for any violation of the Declaration or Rules and Regulations for which he or his family members, tenants, guests, or other invitees are responsible. The amount of any charges so assessed may be to the full extent as permitted in Section 55-513 of the Code of Virginia 1950, as amended, and shall be treated as an assessment as further provided therein.
      3. Refer the matter to the Association's legal counsel for appropriate legal proceedings, including, but not limited to, an injunction action and/or suit to collect any charges assessed.

Motion by: Al Sanford, Supported by: Barbara Rolling

YEA MEMBER NAY
X Judith B. Currier
X Champlin Buck
X Steve Hryckiewicz
X Barbara Rolling
X Al Sanford

X MOTION DECLARED ADOPTED
MOTION DECLARED FAILED

February 10, 1998 /s/: Judith B. Currier
DATED ATTESTED


EXHIBIT 1

Leewood Homeowners Association
P.O. Box 1421
Springfield, Va. 22151

date

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Name
Street
City, State Zip

NOTICE OF HEARING

Dear Name:

Pursuant to § 55-513 of the Code of Virginia (1950), as amended, and Policy Resolution Number 5 of Leewood Homeowners Association, Inc., you are hereby given notice that a hearing has been scheduled before the Board of Directors of Leewood Homeowners Association, Inc. to receive and act upon evidence that you are in violation of the Association's Declaration, Bylaws, and/or Rules and Regulations adopted pursuant thereto. Copies of § 55-513 of the Code of Virginia (1950), as amended, and Policy Resolution Number 5 are enclosed.

More specifically the Board will inquire into the allegations that [state the nature of the violation complained of with reference to the applicable provision of the Declaration, Bylaw and/or Rules and Regulations].

The hearing has been scheduled before the Board on [day, date, time, and location].

At the hearing you will be given an opportunity to be heard, call witnesses, introduce evidence and present argument in your defense. You may be represented by counsel at the hearing.

Should you be found in violation of the Association's Declaration, Bylaws, and/or the Rules and Regulations, the Board of Directors may:

  1. Suspend the right to use facilities or services, provided directly through the Association for the nonpayment of assessments which are more than sixty (60) days past due, to the extent that access to a lot through the common areas is not precluded and provided that the suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant; and
  2. Assess charges against any member of the Association for any violation of the Declaration or Rules and Regulations for which they or their family members, tenants, guests, or other invitees are responsible. The amount of any charges so assessed may be to the full extent as permitted in Section 55-513 of the Code of Virginia 1950, as amended, and shall be treated as an assessment as further provided therein.
  3. Refer the matter to the Association's legal counsel for appropriate legal proceedings, including, but not limited to, an injunction action and/or suit to collect any charges assessed.

Please indicate by letter your intentions to be present at the hearing. If you are unable to attend the hearing as scheduled, you may request a continuance in writing stating the reason for the request. A request for continuance must be received prior to the hearing date, otherwise, if you are not present at the hearing as scheduled, the Board will proceed in your absence.

Sincerely,

President
Leewood Homeowners Association, Inc.

cc: Legal Counsel
Enc. (2)


Leewood Homeowners Association
Policy Resolution 6

March 14, 2006

WHEREAS, Article V, Section 4. of the Declaration conveys title of the common area to the Association, with all the rights and responsibilities under Virginia law; and,

WHEREAS, Article VIII, Section (g) of Association By-Laws state that it shall be the duty of the Board of Directors to cause the common area to be maintained; and

WHEREAS, for the benefit and protection of the Association, its members and residents, the Board deems it advisable to clarify the use of the common area with regards to debris and trash collection,

THEREFORE, it is hereby resolved that effectively immediately the following rules and regulations will pertain to the common area:

  1. Debris/Objects in Common Area: No debris, or objects of any kind, are to be dumped or stored in the Common Area. Residents must make their own arrangements for removal of trash, yard debris (fence sections, clay, sod, stones, branches, clippings, etc.), and objects of any kind. Residents who deposit trash, debris, or objects in the Common Area will be held responsible for any costs incurred by the Association to remove such trash, debris, or objects and return the area to its original condition.
  2. Trash Removal: Trash and recyclables must not be put out before dusk on the day before scheduled pickup.
  3. Container Removal: Trash and recycling containers should be removed from the Common Area as soon as possible after trash and recycle pick-up. They must be removed no later than dawn of the day after pick-up.
  4. Container Marking: All metal and plastic trash containers (excluding plastic bags) and recycling bins that are put out into the common area must be identified by either the owner’s lot number or address. Failure to do so may result in removal of the container from the common area.
YEA
MEMBER
NAY
X
Julie King
X
Mohammed Umar
X
Al Carchedi
X
Bob Chilakamarri

 

X
Motion declared adopted
___ Motion declared failed

March 17, 2006 /s/: Julie King
DATED ATTESTED

 


Leewood Homeowners Association
Policy Resolution 7

September 11, 2012

WHEREAS, Section 55-530 of the Code of Virginia and the Common Interest Community Ombudsman Regulations (the “Ombudsman Regulations”) authorize community associations in Virginia to adopt a written process for resolving complaints from members and citizens (the “Association Complaint Procedures”); and

WHEREAS, the Board of Directors of the Leewood Homeowners Association, Inc. desires to adopt procedures that are in compliance with these statutes and regulations;

IT IS THEREFORE HEREBY RESOLVED THAT the Board of Directors adopts the following Association Complaint Procedures:

1. Initiation, Delivery and Acknowledgement

1.1 To initiate action under these Association Complaint Procedures, an owner, resident or citizen shall complete and submit the Association Complaint Form attached to these Procedures. The person initiating an Association Complaint is referred to in these procedures as the "Complainant."

1.2 The Association Complaint Form shall be readily available and shall be provided to any person upon request by mail to Leewood Homeowners Association, Inc. Attn: Complaint Procedure, P.O. Box 1421, Springfield, VA 22151-and may also be accessed via the Leewood website, www.leewood.us.

1.3 An Association Complaint shall concern a matter regarding actions, inactions or decisions by the Board of Directors (the “Board”), or the Association that are alleged to be inconsistent with applicable laws and regulations governing common interest communities.

1.4 Initiation of a Complaint pursuant to the Association Complaint Procedures requires a complete Association Complaint Form. If the Association Complaint Form is incomplete, the Association may return it to the Complainant with a request stating what needs to be completed, and processing of the Association Complaint shall not begin until a complete Association Complaint Form is received by the Association.

1.5 The Association Complaint Form shall provide sufficient information to enable the Board to be able to make a determination on the issue(s) raised in the Association Complaint. To the extent the Complainant has knowledge of the laws, regulations or provisions applicable to the Association Complaint, the Complainant shall provide those references. The Complainant shall describe the action or resolution the Complainant is requesting.

1.6 The Complainant shall deliver the Association Complaint Form to the person identified in the instructions in the Association Complaint Form, by the method described in the Association Complaint Form.

2. Acknowledgement

2.1 The Association shall send the Complainant an acknowledgement of receipt of a completed Association Complaint Form within seven days after a completed form is received. Acknowledgment shall be sent by certified mail, return receipt requested or by hand delivery.

3. Additional Information

3.1 If the Association determines that additional information is needed in order to be able to make a decision on the Association Complaint, it may request that information from the Complainant. The request may be made by any reasonable means deemed appropriate by the Association, including regular U. S. mail, hand delivery. Complainant shall respond to any such request to the best of Complainant's ability within a reasonable time after receiving such a request. If Complainant does not respond within thirty days, the Board may dispose of the Association Complaint based upon the information available to it.

4. Notice of Consideration of Association Complaint 4.1 When the Association has determined when the matter will be considered by the Board of Directors, notice shall be given to the Complainant of the date, time and location that the Association Complaint will be considered by the Board. The notice shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the Complainant at the address provided. If sent electronically, the Association shall retain sufficient proof of the electronic delivery. The Association will make reasonable efforts to consider issues properly raised in the Association Complaint within 60 days of receiving all information it considers necessary to make a decision and in any event within 90 days after an Association Complaint is received.

4.2 If Complainant attends a meeting at which the Association Complaint is considered, the Board of Directors may give the Complainant an opportunity to briefly address the Board on the issue(s) raised in the Association Complaint, within reasonable time constraints to be determined by the Board.

5. Notice of Final Determination

5.1 Within seven days after the final determination is made on the Association Complaint, a written Notice of Final Determination shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the Complainant.

5.2 The Notice of Final Determination shall be dated as of the date it is issued. It shall include specific citations to applicable Association governing documents, laws, or regulations that led to the final determination, as well as the Virginia Department of Professional and Occupational Regulation (DPOR) registration number of the Association.

5.3 The Notice of Final Determination shall include a statement of the Complainant's right to file a Notice of Final Adverse Decision with the Common Interest Community Board via the Common Interest Community Ombudsman and the applicable contact information.

6. No Appeal Procedure

6.1 No appeal to any Association party shall be available from the determination set forth in the Notice of Final Determination, and the decision set forth therein shall be the final decision of the Association on the matter set forth in the Association Complaint.

7. Record Keeping

7.1 A record of each Association Complaint filed with the Association, including all documents, correspondence, and other materials related to a decision made pursuant to the Association Complaint Procedures, shall be maintained for no less than one year after the Association acts on the Association Complaint.

8. Distribution of Association Complaint

8.1 The Association Complaint Procedures shall be readily available to all members of the Association, residents and citizens upon request. Requests for copies of the Procedures and forms can be obtained by contacting Leewood Homeowners Association, Inc. Attn: Complaint Procedure, P.O. Box 1421, Springfield, VA 22151-0421.

8.2 The Association Complaint Procedures shall be included as an attachment to the Association disclosure packet. This Resolution shall be effective September 11, 2012.

ADOPTED September 11, 2012. BOARD OF DIRECTORS Leewood Homeowners Association, Inc. By: Patricia Willingham Patricia Willingham, Vice- President For Kevin Laugherty, President Attest: Margaret Pitotti Margaret Pitotti, Treasurer For Lynda Flynn, Secretary

Leewood Homeowners Association, Inc. Policy Resolution No. ______7________ (Procedures Related to the Submission and Resolution of Complaints) Duly adopted at a meeting of the Board of Directors held September 11, 2012_. Motion by: Margaret Pitotti, Treasurer Seconded by: Judi Davenport, At- Large

YEA
MEMBER
NAY
X
Patricia Willingham
X
Margaret Pitotti
X
Judi Davenport

 

X
Motion declared adopted
___ Motion declared failed

ATTEST: Margaret Pitotti 9/11/2012 (Acting as) Secretary
Date Resolution Effective: September 11, 2012



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