ARTICLES OF INCORPORATION OF LAKE OCCOOUAN CLUB HOMEOWNER'S ASSOCIATION, INC.
In compliance with the requirements of Chapter 2 of Title 13.1 of the Code of Virginia, the undersigned, all of whom are residents of Virginia and all of who are of full age, have this day voluntarily associated themselves together for the purpose of forming a corporation not for profit and do hereby certify:
ARTICLE I.
The name of the corporation is LAKE OCCOQUAN CLUB HOWNER'S ASSOCIATION, INC., hereinafter called the "Association".
ARTICLE II
The initial registered office of the Association is located at 9315 Grant, Ave., Manassas, Virginia, Prince William County, Virginia. The association's registered office is now 9510 Center Street, Manassas, VA, Prince William County, VA.
ARTICLE III
Claude T. Compton, a director and a resident of Virginia, whose address is 9315 Grant Avenue, Manassas, Virginia 22110 is hereby appointed the initial registered agent of this Association. Manuel Velasquez, an attorney whose address is 95I0 Center Street, Manassas, VA is now the registered agent.
ARTICLE IV.
PURPOSES AND POWERS OF ASSOC IAT ION This association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance and Preservation of the residence lots and storm water management and ownership of roadway and common area within that certain tract of property described as "LAKE OCCOQUAN CLUB" and to promote the health, safety and welfare of the residents within the above describe property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to:
(a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain By-Laws, hereinafter called the “Declaration”, applicable to the property and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length;
(b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay ail expenses in connection therewith and all office and other expenses incident to the conduct of the business ofthe Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association;
(c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association;
(d) borrow money, and with the assent of the unanimous of each class of members mortgage, pledge, deed in trust, or hypothecate any and all of its real or personal property as security for money borrowed or debts incurred;
(e) dedicate, sell or transfer all or any part of the Common 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 has been signed by the unanimous vote of members, agreeing to such dedication, sale or transfer;
(f ) participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of more than two-thirds (2/3) of the membership;
(g) have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-profit Corporation taw of the State of Virginia by law may now or hereafter have or exercise.
ARTICLE V.
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, shall be a member of the Association. The foregoing is not intended to include Persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the Association.
ARTICLE VI.
VOTING RIGHTS
The Association voting rights shall be based upon lot ownership. Each lot owner shall be entitled to one vote and that vote shall be assigned and automatically transferred to subsequent owners of each parcel so sold. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the owners determine, but in no event shall there be more than one vote be cast for any Lot.
ARTICLE VI I.
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board of Directors, who must be members of the Association. The number of directors may be changed by amendment of the By-Laws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are:
President,
Vice-President,
Vice-Pres., Recreation,
Vice-Pres., Roads,
Treasurer,
Secretary
Member-at-Large
At the annual meeting, the members shall elect successor directors for a term not to exceed one year.
ARTICLE VIII.
DISSOLUTION
The Association may be dissolved with the assent to be given in writing and signed by the unanimous vote of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for the purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes.
ARTICLE IX.
DURATION
The corporation shall exist perpetually.
ARTICLE X.
Amendment of these Articles shall require the assent of eighty (80) per cent of the entire membership.
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Virginia, we, the undersigned, constituting the incorporators of this association, have executed these Articles of incorporation this 1st day of January. 1996.
ARTICLE I
NAME AND LOCATION
The name of the corporation is Lake Occoquan Homeowner's Association, Inc., hereafter referred to as the "Association". The principal office of the corporation shall be located at 4311 Ridgewood center Drive, Woodbridge, Virginia, Prince William County, and meetings of the members and directors will be held at such place within the State of Virginia, County of Prince William, as may be designated by the board of directors.
ARTICLE II
DEFINITIONS
Section 1: "Association" shall mean and refer to the Lake Occoquan Club Homeowner's Association, Inc., its successors and assigns.
Section 2: "Properties" shall mean and refer to that certain real property described in the· Articles of Incorporation, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 3: "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners.
Section 4: "lot" shall mean and refer to any plot of land shown upon any subdivision map of the Properties with the exce.pt "ion of the Common Area.
Section 5: "Owners" shall mean and refer to the record owner whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of 4n obligation.
Section 6: "Declarant” shall mean and refer to the Association.
Section 7: "Member" shall mean and refer to those persons entitled to membership as provided in the Articles of Incorporation.
Section 8: "Board of Directors" shall be the officers referred to in Article 6 and may include one member-at large elected in accordance with the procedures in Article 3, Sections 1, 4 and 5. The number of directors may be subject to change by the membership.
Section 9: "Special Officers" shall mean officers appointed by the Board of Directors to perform such duties as the Board may determine. Special Officers shall not vote on matters reserved to the Board.
Section 10: "Expenditures" shall mean monies expended.
Section 1.1: "Obligations" shall mean legal obligations incurred for the expenditure of funds, without such obligation having been satisfied (paid).
Section 12: "contingency Fund" shall mean a fund authorized for the purpose of meeting fiscal needs which are not reasonably foreseeable. This fund shall be non-cumulative and shall be established each year at an amount equal to '5% of the approved budget.
Section 13: "Disclosure statement" shall mean a packet containing the information and documents required under sections 55-5 and 55-512 of the Code the Virginia.
ARTICLE III
MEETING OF MEMBERS
Section 1: Annual Meetings: The regular annual meeting for the purpose of electing a Board of Directors, conducting general Association business, discussing other items of interest to be further discussed and voted on at a special meeting, and approving an annual budget will be held on a date selected by the Board of Directors.
Section 2: Special Meetings: Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote eight (8) of all the votes of the membership. Spec;a1 Meetings requested by members will be called by the President or by the Board of Directors within ten (10) calendar days following receipt of the request and scheduled in accordance with Section 3 of this Article. Special meetings will be called for the purpose of voting on any special assessments.
Section 3: Notice of Meetings: Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and the matters to be discussed and/or voted upon at the meeting. Matters of general association business may be conducted at either an annual or special meeting.
Section 4: Quorum: The presence at the meeting of members entitled to cast, or of proxies entitled to cast, fifty percent (50%) of the votes of the membership shall constitute a Quorum for any action except as otherwise provided in the Articles of Incorporation, or these By-Laws. The Quorum for any special meeting called for the purpose of voting on a special assessment shall be two-thirds or sixty-seven (61') of the votes of the membership entitled to cast, or of proxies entitled to cast, except as otherwise provided in the Articles of Incorporation, or these By-Laws. If, however, the members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a Quorum as aforesaid shall be present or be represented.
Section 5: Proxies: At all meetings of members, each member shall vote in person or proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his or her lots.
Section 6: Elections: Balloting for the Board of Directors shall be conducted in the manner chosen by the membership at the time of the election. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Articles of Incorporation. The person receiving the majority of votes shall be elected. Cumulative voting is not permitted.
Section 7: Annual Budget: The proposed budget setting forth the proposed expenditures, obligations to be incurred and a 15% contingency fund will be presented to the membership 15 days in advance of the annual meeting. This proposed budget will be approved or modified by the membership.
Section 8: Special Assessments: Special assessments may be presented to the membership for any purpose outside of the annual assessment. The proposed special assessment setting forth the proposed expenditures, obligations to be incurred, and a fifteen (15%) contingency fund will be presented to .the membership fifteen (15) days in advance of the special meeting. This proposed special assessment will be accepted or modified by the membership.
ARTICLE IV
MEETINGS OF DIRECTORS
Section 1: Regular Meetings: Regular meetings of the Board of Directors shall be held as necessary, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a 1egal holiday.
Section 2: Special Meetings: Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) day's-notice to each director.
Section 3: Quorum: A majority of the number of directors shall constitute a Quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a Quorum is present shall be regarded as the act of the Board.
ARTICLE V
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1: Powers: The Board of Directors shall have the power to:
(a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;
(b) Suspend the right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days for the infraction of published rules and regulations;
(c) Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of these By-Laws, or the Articles of Incorporation;
(d) Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and
(e) Employ an independent contractor, or such other employees as they deem necessary and to prescribe their duties.
Section 2 Duties: It shall be the duty of the Board of Directors to:
(a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by eight (8) of the members who are entitled to vote;
(b) Supervise all officers, agents and the Association, and to see that their duties performed; employees of are properly
(c) As more fully provided in the Articles of Incorporation to:
(1) Prepare and present to the membership, at the annual meeting, a proposed budget for the forthcoming year. The budget shall set forth proposed expenditures, obligations to be incurred and funding to establish and maintain a contingency fund equal to fifteen (15%) of the proposed budget; and
(2) Prepare and present to the membership, at any Meet i.ng for a Special Assessment, the proposed requirements and budget for assessment. This proposed budget shall include a contingency fund equal to fifteen (15%) percent of the proposed budget; and
(3) Send written notice of each annual assessment to every owner subject thereto by January 1st of each year indicating the assessment due date; and
(4) send written notice of each special assessment to every owner subject thereto at least thirty (30) days in advance of the date the assessment is due; and
(5) Provide notice to any delinquent lot owner 10 days prior to filing a lien in compliance with Code of Virginia; section 55-515(c); and
(6) File a lien against any delinquent property within six months of the date the assessment was due in compliance with section 55-515(8) of the Code of Vir9inia; and
(7) Foreclose against any property within 24 months from the time the Memorandum (lien) was recorded if the assessments are not paid when due, or to bring an action at law against the owner personally obligated to pay the same; and
(d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid. A reasonable charge may be made by the Board for issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; and
(e) Procure and maintain adequate liability and hazard insurance on property owned by the Association; and
(f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and
(g) Cause the Common Area to be maintained.
(h) Prepare, issue, and establish the fee to be charged for the Disclosure Statement in accordance with Section 55-511 and 55-512 of the Code of Virginia, not to exceed $100.
(i) Maintain an official and review copy of all association business documents to be kept by two different board members.
(j) Assess charges against members in violation of the Association's covenants, Articles of Incorporation or By-Laws to the extent allowed by the Code of Virginia.
ARTICLE VI
OFFICERS AND THEIR DUTIES
Section 1: Enumeration of Officers: The officers of the Association shall be a President, Vice President, Vice-President of Roads, Vice-President of the Recreation Area, Treasurer, Member-at-Large, and a Secretary who shall at all times be members of the Board of Directors.
Section 2: Election of Officers: The election of officers and directors shall take place at the annual meeting of the members.
Section 3: Term of Office: The officers and directors of this Association shall be elected annually by the members and each shall hold office for one (1) year unless he shall sooner resign or be removed or otherwise disqualified to serve. The term of office shall commence on the 1st of January following the Annual Meeting and run through the 31st of December of that year.
Section 4: Special Appointments: The Board may elect such other special officers as the affairs of the Association may require, each of whom shall hold office for such period and have authority to perform such duties as the Board may from time to time determine.
Section 5: Resignation and Removal: Any special office may be removed from office with or without cause by the Board. Any special officer or officer may resign at any time giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Elective officers may only be removed by a vote of the members at a meeting called in accordance with ARTICLE III of these By-Laws.
Section 6: Vacancies: A vacancy in an appointive office may be filled by the Board of Directors. The special officer appointed to such vacancy shall serve for the remainder of the term of the special officer. A vacancy in an elected office shall be filled by the President of the Board of Directors calling a special meeting in accordance with ARTICLE III, Section 4 of these By-Laws and a vote of the members present will be taken to fill the vacancy. The Board of Directors may appoint a person to temporarily fill the vacancy until the special meetings called. In the event that a vacancy to an elective office occurs less than four (4) months prior to the expiration of the term of office, the Board of Directors may within their discretion, appoint a person to fill the vacancy.
Section 7: Multiple Offices: No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section of this Article.
Section 8: Duties of Offices: The duties of the officers are as follows:
PRESIDENT
The president shall preside at all meetings of the Board of Directors: shall see that orders and resolutions of the Board are carried out, shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.
VICE-PRESIDENT
The vice-president shall act in the place and stead of the president in the event of his or her absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
VICE-PRESIDENT OF ROADS
The vice-president of roads shall exercise general supervision over the maintenance and improvement activities enumerated in Article X of these By-Laws.
VICE-PRESIDENT OF RECREATION AREA
The vice-president of Recreation Area shall exercise general supervision over the maintenance and improvement of the recreation area as set forth in Article XI of these By-Laws.
SECRETARY
The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members obtaining the concurrence by signature of at least three other board members in addition to his/her signature on all documents of record, including preparation of Disclosure Documents in accordance with the Virginia Property Homeowner's Association Act. The secretary shall keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses and account to the treasurer for the petty cash and shall perform such other duties as required by the Board. The secretary shall maintain an official and a review copy of all association business documents. The secretary shall prepare the LOCHA Disclosure Statement as required by Sections 55-511 and 55-512 of the Code of Virginia.
TREASURER
The treasurer shall receive and deposit in the appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; provide all existing records requested by the Audit Committee; and shall prepare a statement of income and expenditures to be presented to the membership at its regular annual or special meeting, and deliver a copy of each to the members.
ARTICLE VII
COMMITIEES
The Association shall appoint an Architectural Control Committee, a Nominating Committee and an Audit Committee, as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
The purpose of the LOCHA Audit Committee is to provide oversight of the LOCHA Treasurer and financial management assets to ensure financial assets are appropriately managed and protected, records of financial transactions are complete and organized, and financial reports are accurate.
The Audit Committee will consist of three LOCHA members appointed annually by the LOCHA Board of Directors. At least two appointed members shall be non-Board members. The Treasurer shall not be a member of the Audit Committee. All members of the Audit Committee must be rotated each year.
The Audit Committee members shall annually review the financial records of LOCHA for the preceding Fiscal Year as presented by the LOCHA Treasurer. Upon completion of the review, each Audit Committee member will sign a statement that they have reviewed the LOCHA financial records and have determined that LOCHA financial records are complete and accurate based on their review; or, that LOCHA financial records are not complete and accurate based on their review. Discrepancies will be noted and discussed with the Treasurer.
The Audit Committee is responsible for determining if an annual financial compilation or financial audit of the Association's financial records are needed. The Audit Committee is responsible for selecting a Certified Public Accountant (CPA) to complete the financial compilation or financial audit if the Audit Committee determines they are needed.
ARTICLE VIII
BOOKS AND RECORDS
The books, records and papers of the association shall at all times, during reasonable business hours, be subject to inspection by any member.
ARTICLE IX
ASSESSMENTS
As more fully provided in the declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessment which is not paid when due shall be delinquent. If the assessment is not paid when due, the assessment shall bear interest from the date of delinquency as allowed by the courts, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and responsible attorney's fees of any such action shall be added to the amount of the said assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his lot.
ARTICLE X
ROAD MAINTENANCE
Section 1: Routine Maintenance: Annual road maintenance contracts will be established for snow removal, sanding and maintaining road surface free of irregular surfaces and siltation to permit safe passage over all subdivision roadways.
Section 2: All lots will be subject to review by the Vice-President of Roads to prevent damage to the common roads within Lake Occoquan Club. This review will include the adequacy of culverts under driveway entrances. Required corrective action by owner will be completed within a 60-day period after notification by the Association. Non-compliance will result in the Association having the necessary work done and a lien being placed against the property.
ARTICLE XI
RECREATION AREA
Section 1: Routine Maintenance. Provisions will be made to assure that the recreation area is maintained in a manner to assure the members of a sanitary and safe place for recreational activities.
ARTICLE XII
AMENDMENTS
Section 1: 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. Amendment to Article III of these By-Laws delineating the requirements for special assessments may only be amended by a vote of 67% (sixty-seven) percent of the membership in person or by proxy.
Section 2: In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles of Incorporation shall control.
ARTICLE XIII
MISCELLAINEOUS
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.
Note: Most current version of Lake Occoquan Club Association By-Laws. Last modified at the 2012
LAKE OCCOQUAN CLUB HOMEOWNERS ASSOCIATION WOODBRIDGE, VA. 22192
POLICY RESOLUTION 12-01-LOCHA FORMAL COMPLAINT PROCESS
1. In order to submit a complaint, the complaining party must complete, sign and submit the Association Complaint Form (Attachment 1). The complaining party must allege a specific violation of applicable laws or regulations, as well as define the requested action or resolution that they seek.
2. Complaints must be submitted to the LOCHA President AND secretary. (See current LOCHA Membership directory for board member names, addresses, and email addresses.
3. The Association shall provide written acknowledgement of receipt of the complaint, and its acceptance or rejection , within seven (7) days of receipt, via hand-delivery or by registered or certified mail, return receipt requested, to the complainant at the address provided, or If consistent with established association procedure, by email provided the sender retains sufficient proof of the electronic delivery.
4. If additional information is required from the complainant, the Association shall contact the complainant in writing, within 30 days. requesting the information.
5. If the additional Information is not received within 30 days from the date of the request from the Association's Board, the matter shall be deemed dosed and the disposition of the complaint will be hand-delivered or mailed by registered or certified mail, return receipt requested, to the complainant at the address provided on the Complaint Form.
6. Once all required documentation to support the complaint has been timely received by the Association, the Association shall, within 30 days, Issue written notice of the date, time, and location of either a hearing or meeting of the Association's Board where a final decision regarding the complaint shall occur. This written notice to the complainant shall be by means defined in Item #3 above.
7. The Board of Directors shall determine the representatives of the Association who shall conduct the proceedings and make a final decision on the complaint. Written notice of the decision shall be by means defined in Item #3 above within seven (7) days of the decision. The notice shall refer to the date of the decision, shall include specific citations to applicable association governing documents, laws, or regulations that led to the final decision, and shall include the Common Interest Community registration number for the association.
8. The notice of final decision shall advise the complainant of their rights to file a Notice of Final Adverse Action with the Common Interest Community Board via the Common Interest Community Ombudsman and provide the necessary contact information.
9. The Association shall maintain a record of all complaints for no less than one year from the date of the Association's final decision, including Incomplete and non-actionable complaints.
POLICY RESOLUTION 12-01 Hereby this RESOLUTION is duly approved and adopted at the Lake Occoquan Cub Homeowner's Association Board
For the Board: Martin Jeter, President
Lake Occoquan Club Homeowners Association (Name and address)
ASSOCIATION COMPLAINT FORM
Pursuant to Chapter 29 of Title SS of the Code of Virginia, the Board of Directors (Board) of the Lake Occoquan Club Homeowners Association (Association) has established this complaint form for use by persons who wish to file written complaints with the Association regarding the action, inaction or decision by the governing board or association inconsistent with applicable laws and regulations.
Legibly describe the complaint in the area provided below, as well as the requested action or resolution of the issues described in the complaint. Please include references to the specific facts and circumstances at issue and the provisions of Virginia laws and regulations that support the complaint. If there is insufficient space, please attach a separate sheet of paper to this complaint form. Also, attach any supporting documents, correspondence and other materials related to the complaint.
Sign, date and print your name and address below and submit this completed form to the Association at the address listed above.
Printed Name Signature Date
Mailing Address
Lot #/Address
E-mail address Phone Number Contact Preference
If, after the Board's consideration and review of the complaint, the Board issues a final decision adverse to the complainant, you have the right to file a notice of final adverse decision with the Common Interest Community Board (CICB) in accordance with the regulations promulgated by the CICB. The notice shall be filled within 30 days of the date of the adverse decision, shall be In writing on forms provided by the Office of the Common Interest Community Ombudsman (Ombudsman), shall include copies of any supporting documents, correspondence and other materials related to the decision, and shall be accompanied by a $25 filing fee. The Ombudsman may be contacted at:
Office of the Common Interest Community Ombudsman Department of Professional and Occupational Regulation 9960 Maryland Drive, Suite 400 Richmond, VA 23233 (804)367-2941 CICOmbudsman@dpor.virginia.gov
LAKE OCCOQUAN CLUB HOMEOWNERS ASSOCIATION WOODBRIDGE, VA. 22192 POLICY RESOLUTION 12-02 LOCHA VARIANCE PROCESS
February 27, 2013
The LOCHA Board of Directors is empowered by the LOCHA governing documents to authorize a variance from strict adherence to the minimum building setback or fencing requirements specified in the Covenants, Restrictions and Reservations of Lake Occoquan Club Homeowner’s Association, Inc. This Policy Resolution Document outlines the process for requesting such a variance, and describes the responsibilities of both the LOCHA Board and the LOCHA Homeowners in executing this process.
a) Variance Process
1. All requests for consideration of a variance must be submitted in writing, and signed by the requesting lot owner. Requests should be submitted to the LOCHA Board of Directors and include a LOCHA Variance Consideration Request Form (attached).
2. Variance requests should address the justification and reason for the variance, and include all copies of plans, plats, surveys, and/or drawings necessary to fully explain and describe the details of the variance being requested.
3. Once a complete LOCHA Variance Consideration Request Form with all supporting documents is received, the LOCHA Board of Directors will evaluate the request and coordinate with the LOCHA homeowner on the potential for any building plan adjustments that may be effected to preclude necessity for a variance.
4. The LOCHA Board of Directors will consider and consult with all adjoining LOCHA property owners on any impact that the requested variance may have on the surrounding properties.
5. The LOCHA Board of Directors will assess, and approve or reject as deemed appropriate, variance requests submitted by LOCHA homeowners involving minimum setback or fencing requirements.
6. The LOCHA Board of Directors will provide an official record of the Board decision on the indicated section within the LOCHA Variance Consideration Request Form. The LOCHA Board decision will be provided to the requesting LOCHA Homeowner within 45 days of receipt of a complete LOCHA Variance Consideration Request Form with supporting documents.
7. The LOCHA Board of Directors will maintain records of all variance requests submitted, whether approved or denied by LOCHA.
b) Responsibilities: LOCHA Board:
• Provide information on LOCHA governing documents to LOCHA lot owners who wish to build or add on to an existing structure on any LOCHA lot.
• Coordinate with LOCHA homeowners on any building plan adjustments necessary to assure compliance with LOCHA governing documents.
LOCHA Homeowners:
• Ensure that LOCHA approval is requested and obtained for the construction of buildings, houses, additions, stables, and fence prior to application for any Prince William County permits.
POLICY RESOLUTION 12-02 Hereby this RESOLUTION has been duly approved by the Lake Occoquan Club Homeowner’s Association Board of Directors.
LAKE OCCOQUAN CLUB HOMEOWNERS ASSOCIATION WOODBRIDGE, VA22192
LOCHA DIRECTIVE 1-96 2A.PR9696
SUBJECT: Policies and Procedures for Key Control - Recreation Area Gate
ENCL: (1) Recreation Area Gate Key Receipt (2) Recreation Area Key Log
1. PURPOSE. The purpose of tl1.is directive is to establish policies and procedures for control of the keys to the Recreation Area gate.
2. BACKGROUND. As a result of vandalism trashing and unauthorized use of our Recreation Area, the LOCHA President appointed a Recreation Area Security Committee to develop and recommend solutions to resolve the problem. The Committee's report included a recommendation to replace the existing gate lock with a lock with keys that must be reproduced by authorized locksmiths and only when requested by an authorized LOCHA representative. The Committee also recommended that a program and procedures be established to control the keys. The recommendations were presented to and approved by the LOCHA membership.
3. POLICIES
a. An initial key will be issued to each lot owner at no direct cost.
b. A second key may be issued to a lot owner if justified in writing and approved by the Board of Directors. If approved, the lot owner will be assessed the cost of the key plus any and all costs incurred to obtain the key.
c. Replacement of lost keys will be requested in writing and the owner will be assessed $25.00.
d. All keys will be numbered serially and receipted for by the lot owner.
e. Keys will not be loaned out to non-members.
f. Gate keys will not be reproduced except as requested by the VP, Recreation Area. Requests will be countersigned by the Board President and the Neighborhood Watch Coordinator.
g. A Recreation Area Gate Key Log will be maintained to record all key transactions.
h. Violations to these policies may result in fme and/or loss of Recreation Area privileges as authorized by Article V, Section l (a) of the LOCHA By-Laws.
i. The right of a member to use the Recreation Area may be suspended during any period in which such member shall be in default in the payment of any assessment levied by the Association as authorized by Article V, Section 1 (b) of the LOCHA By-Laws.
4. PROCEDURES:
a. The VP, Recreation Area is responsible for:
(1) Issue keys on receipt form (See Enclosure (1)).
(2) Maintain key log (See Enclosure (2)).
(3) Receive requests for second keys and replacement keys and present requests to Board for approval.
(4) Procure keys as required from authorized locksmith after cotu1tersignature by the LOCHA President and the Neighborhood Watch Coordinator.
(5) Maintain security over non-issued keys.
b. The LOCHA President and Neighborhood Watch Coordinator are responsible for:
(1) Countersigning all requests for procurement of keys
(2) Auditing the Key Log during January of each year.
c. LOCHA Board Members:
(1) Review and approve all requests for second keys and for replacement of lost keys.
(2) Hear and rule on all cases of alleged violations of this directive.
EFFECTIVE DATE:
This directive is effective on 10 APRIL 1996.
APPROVED BY BOAD OF DIRECTORS:
LAKE OCCOQUAN CLUB HOMEOWNERS ASSOCIATION WOODBRIDGE. VA 22192
LOCHA DIRECTIVE 2-96 8APR96
SUBJECT: Recreation Area Rules & Regulations
ENCL: (I) Instructions for Obtaining Permits for Special Use of the Recreation Area
DEFNITIONS APPLICABLE TO THIS DIRECTIVE:
Member- Lot owner(s) and members of the lot owner's immediate family
Guest- Person(s) invited to use the Recreation Area for a specific occasion by a member
Renter- Person(s) residing in a lot owner's Lake Occoquan Club residence not meeting the definition of a member
1. PURPOSE. The purpose of this directive is to set forth rules and regulations for use of the LOCHA Recreation Area.
2. BACKGROUND. As a result of vandalism, trashing and unauthorized use of our Recreation Area, the LOCHA President appointed a Recreation Area Security Committee to develop and recommend solutions to resolve the problem. The Committee found that the existing written rules were inadequate, did not conform to the posted rules at the Recreation Area and were not being enforced. The Committee's recommendations included a recommendation to change the Recreation Area rules and regulations including specific rules and in some cases, alternatives for consideration and vote by the LOCHA membership. The recommended rules recommended were a compromise between opening the area for greater use by the members and the need for security of the Area. The recommendations were presented to and approved by the LOCHA membership. The rules as approved by the membership are contained in this Directive.
3. PERSONS ELIGIBLE TO USE THE RECREATION AREA. The following persons are authorized to use the Recreation Area subject to the rules and regulations as stated in this Directive:
a. Members. However, a member's right to use the Recreation Area may be suspended during any period in which such member shall be in default in the payment of any assessment levied by the Association (Article V, Section l (b) of the LOCHA By-Laws).
b. Guests.
c. Renters upon written request to, and approval by the majority of the Board members.
4. HOURS
a. The Recreation Area is open to members and guests from 5:00 AM until 10:00PM
b. The Recreation Area is closed to all use from 10:00 PM until 5:00 AM
5. PERMITS FOR SPECIAL USE.
The Recreation area may be used with a written permit, issued by the Neighborhood Watch Captain on duty during the day of use for the following special uses (See Enclosure (1) for Instructions for obtaining Special Use Permits):
a. Use by more than ten invited guests at any rime
b. Building a campfire during normal or after normal hours.
6. GUESTS.
a. Guests must be accompanied by the sponsoring family member at all times while using the Recreation Area.
b. Use by more than 10 guests at one time requires a special use permit (See Paragraph 5).
7. SUPERVISION OF CHILDREN.
Children twelve years of age and under are permitted to use the Recreation Area only when accompanied with a resident eighteen years of age or older.
8. TRASH REMOVAL
a. Users of the Recreation Area are responsible for picking up AND removing all the trash from the Recreation Area.
b. The member to whom a permit is issued for special use of the Recreation Area is responsible for removing trash from the area upon departing the area. He/she is advised to have sufficient trash bags with him or her for this purpose.
9. NOISE
a. Talking, and laughing are expected but noise must be minimized most particularly after dark and noise must not be a nuisance to residents. Sounds carry far over water.
b. The use of loud or abusive language in any way is prohibited.
c. Radios, tapes, CD players, etc. must be set at low volume.
10. GATE
a. Gate keys may not be loaned out.
b. Gate keys may not be reproduced.
c. Gate must be locked during and after use of the Recreation Area.
11. SWIMMJNG.
Swimming is prohibited (Our insurance company will not insure LOCHA for liability in connection with swimming unless we meet certain requirements such as a certified lifeguard on duty, physically marking the boundaries of the swimming area, having lifesaving equipment on site, etc.) .
12. CAMPFIRES
a. Campfires require special use permit (See Paragraph 5).
b. No permits will be issued during periods of dry weather when prohibited by the Virginia State Forestry.
c. Campfires must meet the Prince William County legal definition for campfires, ".... an outdoor fire used to cook food for human consumption.".
d. Fire must be contained within the fire pit.
e. The campfire size is restricted to no more than five 20" long by 6" diameter logs burning at one time.
f. The fire must be completely extinguished before departing the area. No smoldering ashes should remain. Users must allow sufficient time to extinguish the fire prior to the time of closure of the Recreation Area.
g. The following fire extinguishing equipment must be immediately available at the site of the campfire:
(1) At least one bucket of not less than 2-gallon capacity.
(2) At least one long handled shovel.
13. THE FOLLOWING ITEMS ARE PROHIBITED IN THE RECREATION AREA
a. Illegal substances (drugs)
b. Firearms
c. Fireworks
d. Glass containers
14. VIOLATIONS:
Violation of the above rules and regulations may result in fine and or loss of Recreation Area privileges as authorized by Article V, Section l (a) of the LOCHA By-Laws.
This Directive supersedes all previous Recreation Area rules and regulations.
EFFECTIVE DATE: This directive is effective on 10 APRIL 1996.
APPROVED BY BOARD OF DIRECTORS:
COMPOSITE LOCHA COVENANTS, RESTRICTIONS AND RESERVATIONS
NOTE:This document takes the original 1976 LOCHA CRR and adds/replaces all changes made in the 1998 revisions and the 2012 revisions
Prince William County, Virginia
Deed Book
Date Recorded:
LAKE OCCOQUAN CLUB LOT OWNERS shall be subject to the following covenants, restrictions and reservations that shall be deemed covenants running with the land.
1. No lot shall be used except for residential purposes. This covenant shall not be construed to preclude the use of any land for a swimming pool, barns, club houses, recreation purposes or keeping of horses and household pets.
2. No lot, or portion thereof, nor any buildings, including outbuildings, or structure, or any improvements placed, erected or permitted to remain thereon, shall be used in any manner as to constitute a nuisance, or used in any manner as to endanger the lives, health and comfort of, or unreasonably disturb the peace or quiet of an owner or occupant of adjoining property of the neighborhood.
3. No animals, except horses and household pets, and no chickens or other fowl shall be kept or maintained on any lot or any portion thereof, except with the written consent of Lake Occoquan Club Homeowner’s Association.
4. No lot or any portion thereof shall be used or maintained as a dumping or storage ground for rubbish. Trash, garbage, refuse, or other waste material shall be kept in a storage room or area, screened by appropriate planting or otherwise, and shall be kept in a sanitary container.
5. No structure of a temporary character, trailer, basement, tent, shack, garage, or other outbuildings shall be kept on any lot any time as a residence, either temporarily or permanently.
6. All lots, improved or unimproved, shall be maintained in a neat and sightly manner at all times.
7. Lake Occoquan Club Homeowner’s Association reserves easements or rights of way, together with the right to grant the same to utility companies, over and under the roads and outlet easements, and a strip of ground ten feet in width along the roads, outlet easements, and front, rear and side outlines of said lots for the purpose of installation or maintenance of public utilities, including but not limited to gas, water, electricity, telephone, television cable, and sewerage and any appurtenances to the supply lines thereof, including guy wires, transformers, meters, etc., by overhead distribution lines or underground installation, including the right to remove and/or trim trees, shrubs, or plants. This reservation is for the purpose of providing for the practical installation of such utilities as and when a public authority or utility company may serve said lots.
8. All buildings shall be set back at least 50 feet from any front, side or rear line.
9. The land shall not be resubdivided for a period of 15 years, without the consent of Lake Occoquan Club Homeowner’s Association.
10. All plans for construction of buildings, houses, additions, stables, fences, etc. on the said property shall be submitted to Lake Occoquan Club Homeowner’s Association for approval before construction may commence. If said plans are not disapproved in writing by Lake Occoquan Club Homeowner’s Association within thirty days by letter directed to the owner of said property then plans shall be deemed to have been approved. Approval shall be limited to the value and exterior design and only to the extent that the exterior design shall be in keeping with the architectural design of the buildings within Lake Occoquan Club. A reasonable interpretation of value is hereby construed to mean cost of the main structure floor area associated with a $150,000.00 dwelling erected in the year 1993, exclusive of fencing, driveways and land costs. Only the two following types of fences will be permitted in Lake Occoquan Club:
a. Post and board fence, three or four boards high.
b. Post and rail fence.
Variance to Lake Occoquan Club building setback requirements and fencing restrictions may be authorized by the Lake Occoquan Club Homeowner’s Association Board of Directors.
11. The owner of each lot shall pay an annual assessment as determined by the membership at the annual meeting of the Lake Occoquan Club Homeowner’s Association. The money is to be used for the improvement, relocation, repair, security, and maintenance of the Association’s roads, pedestrian and equestrian easements, and open and recreational areas, and for snow removal and sanding of the roads. This sum may be increased or decreased by Lake Occoquan Club Homeowner’s Association so that enough funds will be available to do the work. This payment shall constitute a lien on the land and the Association has the authority to take all proper legal action to collect assessments from lot owners.
12. Lake Occoquan Club Homeowner’s Association reserves the right to dedicate the Lake Occoquan roads to public use without the necessity of joinder of any other party.
13. Lake Occoquan Club Homeowner’s Association reserves the right to grant to others the right to use the roads over and through Lake Occoquan Club, without the necessity of the joinder of any other party.
14. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 15 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by (80) per cent of the then lot owners have been recorded agreeing to change said covenants in whole or in part.
15. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.
16. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
17. Any one of these restrictions may be released in part or in full by the approval of eighty (80) per cent of lot owners.
18. The membership in Lake Occoquan Club Homeowner’s Association shall be the owners of the lots in Lake Occoquan Club. Each lot owner shall be entitled to one vote and that vote shall be assigned and automatically transferred to any subsequent owner of each parcel so sold. In no event shall more than one vote be cast with respect to any one lot. The primary responsibility of Lake Occoquan Club Homeowner’s Association shall be to improve, relocate, repair, secure, and maintain the Association’s roads, pedestrian and equestrian easements, and open and recreation areas; and for snow removal and sanding of the roads, and in addition thereto, to administer these covenants, restrictions and reservations.
These amended Covenants, Restrictions and Reservations of the Lake Occoquan Club Homeowner’s Association, INC., were proposed by the Board of Directors and submitted to the members in accordance with this Act and (1) There existed a quorum of members entitled to vote separately on the amendments and (2) The number cast for the amendments by each voting member was sufficient for approval by those voting members.