2022 Changes to the Howe Farms Governing Documents
Bylaws Changes
(Text in italics was added or changed)
(Text in italics was added or changed)
Change 1
Article III – (MEMBERSHIP AND VOTING RIGHTS)
Section 2. Voting Rights
e. Matters to be voted on will be in ballot format and distributed to members and associate members with the same time constraints as specified for the applicable meeting notification found in Article VI, Section 1, paragraphs a, b, and c. This ballot may be returned to the address stated on the ballot no later than the day prior to the meeting and will serve as an absentee ballot if the member or associate member is not present at the meeting. The ballot will also provide the opportunity for proxy voting for matters changed or not listed on the ballot.
Shall be amended to add:
Section 2. Voting Rights
e. Matters to be voted on will be in ballot format and distributed to members and associate members with the same time constraints as specified for the applicable meeting notification found in Article VI, Section 1, paragraphs a, b, and c. This ballot may be returned to the address stated on the ballot no later than the day prior to the meeting or brought to the meeting before the vote is taken and will serve as an absentee ballot if the member or associate member is not present at the meeting. The ballot will also provide the opportunity for proxy voting for matters changed or not listed on the ballot.
Change 2
Article V – (DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES)
DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES
Shall be amended to add:
DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES
The Board of Directors, Officers, and Committees shall perform the functions listed in the sections below unless the functions are performed by the Management Company hired by the HFHA Association.
Change 3
Article V – (DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES)
Section 5. The Secretary shall:
e. Publish a newsletter at least semi-annually or as needed.
Shall be amended to read:
Section 5. The Secretary shall:
e. Publish a newsletter as needed.
Change 4
Article V – (DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES)
Section 6. The Membership Chairman shall:
b. Serve as Neighborhood Watch Coordinator.
Shall be amended to read:
Section 6. The Membership Chairman shall:
b. Serve as coordinator for Neighborhood Events and Community Activities.
Change 5
ARTICLE VII - (FISCAL POLICIES AND PROCEDURES)
Section 1.
The amount of annual assessment shall be determined by the Board of Directors in accordance with the Covenants. If the annual assessment is Two Hundred Dollars ($200) or less, it shall be assessed on January 1 and payable annually on or before March 1. If the annual assessment is greater than Two Hundred Dollars ($200) it shall be assessed semiannually on January 1 and on July 1 and payable semiannually on or before March 1 and September 1 of each year. If assessments are not paid, the HFHA may place a legal lien on the property.
Shall be amended to read:
Section 1.
The amount of annual assessment shall be determined by the Board of Directors in accordance with the Covenants. If the annual assessment is Two Hundred Dollars ($200) or less, it shall be assessed on January 1 and payable annually on or before March 1. If the annual assessment is greater than Two Hundred Dollars ($200) it shall be assessed semiannually on January 1 and on July 1 and payable semiannually on or before March 1 and September 1 of each year. Assessments paid after the due date are subject to a $10 per month late fee and, if assessments are not paid, the HFHA may place a legal lien on the property.
Change 6
ARTICLE VII - (FISCAL POLICIES AND PROCEDURES)
Section 7.
An audit of the financial records shall be made at least annually and upon the change of the Treasurer.
Shall be amended to read:
Section 7.
An audit of the financial records should be made at least once every three year and upon the selection of a new financial agent, or at the discretion of the HFHA Board of Directors.
Article III – (MEMBERSHIP AND VOTING RIGHTS)
Section 2. Voting Rights
e. Matters to be voted on will be in ballot format and distributed to members and associate members with the same time constraints as specified for the applicable meeting notification found in Article VI, Section 1, paragraphs a, b, and c. This ballot may be returned to the address stated on the ballot no later than the day prior to the meeting and will serve as an absentee ballot if the member or associate member is not present at the meeting. The ballot will also provide the opportunity for proxy voting for matters changed or not listed on the ballot.
Shall be amended to add:
Section 2. Voting Rights
e. Matters to be voted on will be in ballot format and distributed to members and associate members with the same time constraints as specified for the applicable meeting notification found in Article VI, Section 1, paragraphs a, b, and c. This ballot may be returned to the address stated on the ballot no later than the day prior to the meeting or brought to the meeting before the vote is taken and will serve as an absentee ballot if the member or associate member is not present at the meeting. The ballot will also provide the opportunity for proxy voting for matters changed or not listed on the ballot.
Change 2
Article V – (DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES)
DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES
Shall be amended to add:
DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES
The Board of Directors, Officers, and Committees shall perform the functions listed in the sections below unless the functions are performed by the Management Company hired by the HFHA Association.
Change 3
Article V – (DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES)
Section 5. The Secretary shall:
e. Publish a newsletter at least semi-annually or as needed.
Shall be amended to read:
Section 5. The Secretary shall:
e. Publish a newsletter as needed.
Change 4
Article V – (DUTIES OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES)
Section 6. The Membership Chairman shall:
b. Serve as Neighborhood Watch Coordinator.
Shall be amended to read:
Section 6. The Membership Chairman shall:
b. Serve as coordinator for Neighborhood Events and Community Activities.
Change 5
ARTICLE VII - (FISCAL POLICIES AND PROCEDURES)
Section 1.
The amount of annual assessment shall be determined by the Board of Directors in accordance with the Covenants. If the annual assessment is Two Hundred Dollars ($200) or less, it shall be assessed on January 1 and payable annually on or before March 1. If the annual assessment is greater than Two Hundred Dollars ($200) it shall be assessed semiannually on January 1 and on July 1 and payable semiannually on or before March 1 and September 1 of each year. If assessments are not paid, the HFHA may place a legal lien on the property.
Shall be amended to read:
Section 1.
The amount of annual assessment shall be determined by the Board of Directors in accordance with the Covenants. If the annual assessment is Two Hundred Dollars ($200) or less, it shall be assessed on January 1 and payable annually on or before March 1. If the annual assessment is greater than Two Hundred Dollars ($200) it shall be assessed semiannually on January 1 and on July 1 and payable semiannually on or before March 1 and September 1 of each year. Assessments paid after the due date are subject to a $10 per month late fee and, if assessments are not paid, the HFHA may place a legal lien on the property.
Change 6
ARTICLE VII - (FISCAL POLICIES AND PROCEDURES)
Section 7.
An audit of the financial records shall be made at least annually and upon the change of the Treasurer.
Shall be amended to read:
Section 7.
An audit of the financial records should be made at least once every three year and upon the selection of a new financial agent, or at the discretion of the HFHA Board of Directors.
Rules and Regulations Changes
(Text in italics was added or changed)
(Text in italics was added or changed)
Change 1
SECTION II - (ARCHITECTURAL APPROVAL PROCESS)
Paragraph 1. Homeowner’s Responsibilities
a. Must submit a request form, in duplicate, to the Architectural Control Committee for approval of actions protected by the Covenants. Use the copy of the form included as the ATTACHMENT or obtain a copy from any member of the Committee or from the HFHA website.
Shall be amended to read:
Paragraph 1. Homeowner’s Responsibilities
a. Must submit a request form to the Architectural Control Committee for approval of actions protected by the Covenants. The form is located on the Howe Farms website and can be submitted online.
Change 2
SECTION II - (ARCHITECTURAL APPROVAL PROCESS)
Paragraph 2. Tests Applied by the Architectural Control Committee Prior to Approval
Shall be amended to read:
Paragraph 2. Architectural Control Committee (ACC) Responsibilities
Change 3
SECTION III - (ARCHITECTURAL RULES)
Paragraph 1. Appearance of Premises
a. The general appearance of the premises must be maintained in a neat, well-kept, uncluttered manner. This includes the lawn area as well as any structure erected on the premises. Driveways may not be painted or stained but a clear sealant or one identical to the color of the existing driveway may be used. The finished product must not have a slippery surface. Driveways will either be cement or aggregate rock color.
Shall be amended to read:
Paragraph 1. Appearance of Premises
a. The general appearance of the premises must be maintained in a neat, well-kept, uncluttered manner. This includes the lawn area as well as any structure erected on the premises. Driveways may not be painted or stained but a clear sealant or one identical to the color of the existing driveway may be used. The finished product must not have a slippery surface. Driveways may be cement, aggregate rock, or solid pavers in colors which must be pre-approved by the Architectural Control Committee.
Change 4
SECTION III - (ARCHITECTURAL RULES)
Paragraph 2. Detached Structures
Detached structures include storage sheds, storage buildings, workshops, playhouses, treehouses, and platforms.
b. Detached buildings or structures will be one story with a maximum size of 12 feet by 18 feet or 216 square feet. The maximum height for any shed built after April 24, 2014 will be 12 feet in height from the floor to the peak. Any detached building or structure must be approved by the Architectural Control Committee.
Shall be amended to read:
Paragraph 2. Detached Structures
Detached structures include but is not limited to storage sheds, storage buildings, workshops, playhouses, treehouses, and platforms.
b. Detached buildings or structures will be one story with a maximum size of 12 feet by 18 feet or 216 square feet. The maximum height for any storage shed, storage building, workshop, or structure built after April 24, 2014, will be 12 feet in height. Storage sheds, storage buildings, and workshops will be measured from the floor to the peak and only one of these will be allowed per lot. Any detached structure must be approved by the Architectural Control Committee.
Change 5
SECTION III - (ARCHITECTURAL RULES)
Paragraph 5. Landscaping
a. Lawns, trees, shrubs, and other landscaping components will be maintained in a neat, well-groomed manner and appearance. Grass must be trimmed from the sidewalks, driveways, and curbs. Grass clippings and leaves must be swept off the sidewalk and cleaned/bagged if blown into the street and gutters. Leaves, gum balls, and sticks must be removed from driveways and yards in a timely manner.
Shall be amended to read:
Paragraph 5. Landscaping
a. Lawns, trees, shrubs, and other landscaping components will be maintained in a neat, well-groomed manner and appearance. Grass must be trimmed from the sidewalks, driveways, and curbs. Grass clippings and leaves must be swept off the sidewalk and cleaned/bagged if blown into the street and gutters. Leaves, gumballs, and sticks must be removed from sidewalks, driveways, and yards in a timely manner.
Change 6
SECTION IV - (GENERAL RULES)
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
Shall be amended to read:
Paragraph 10. City of Hampton Trash/Recycling Collection and Storage of Trash/Recycling Toters
Change 7
SECTION IV - (GENERAL RULES)
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
a. Trash, garbage, and materials to be recycled shall be kept in toters furnished by the City of Hampton and shall be placed curbside no earlier than 3:00 PM on the day before collection and removed no later than midnight of the day of collection.
Shall be amended to read:
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
a. Trash, garbage, and materials to be recycled shall be kept in toters furnished by the City of Hampton and shall be placed curbside no earlier than the day before collection and removed no later than midnight of the day of collection.
Change 8
SECTION IV - (GENERAL RULES)
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
b. Bulk refuse (such as discarded household items and fixtures, mover’s boxes, bagged and un- bagged yard waste materials) which the City of Hampton will remove as part of its trash collection service, may be placed on the curb no sooner than the day before scheduled pickup.
Shall be amended to read:
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
b. Bulk refuse (such as discarded household items and fixtures, boxes, and bagged yard waste materials, with the exception of limbs, trees, bushes, and other yard waste that is normally not bagged, which the City of Hampton will remove as part of its trash collection service), may be placed on the curb no sooner than the day before scheduled pickup.
Change 9
SECTION IV - (GENERAL RULES)
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
Shall be amended to add:
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
d. Garbage and recycling toters, while stored on the property, should not be overfilled so that its contents can be seen from the street. That is, toters seen from the street must be filled so the lid will shut completely.
Change 10
SECTION IV - (GENERAL RULES)
Shall be amended to add:
Paragraph 14. Rain Barrels
Rain Barrels may not be placed beyond the front corner of the house and shall be of a color pre-approved by the Architectural Control Committee.
Change 11
SECTION V - (COMMON AREA/RECREATION AREA RULES)
Paragraph 2. Pets/Waste Removal
a. Pets are allowed in the Howe Farms Recreation Area but must be on a leash. All animal waste must be bagged and carried off the premises (not put in HFHA trash cans).
Shall be amended to read:
Paragraph 2. Pets/Waste Removal
a. Pets are allowed in the Howe Farms Recreation Area but must be on a leash. All animal waste must be bagged and eithercarried off the premises or put in the pet waste station or City trash toter. Pet waste should not be put in the trash cans in the playground area or by the picnic tables.
Change 12
SECTION VII - (ENFORCEMENT)
(Second Paragraph)
If a violation is suspected, the member shall receive written notice of the violation, and will be given an appropriate number of days from notification to remedy the violation. The number of days provided will depend on the type of the violation and reasonable estimate of the amount of time needed to correct the violation. In the event of a subsequent occurrence of a violation for which a notice had been given, the initial number of days to remedy the violation may not be granted. Notices will provide the member the opportunity to request an extension based on mitigating circumstances.
Shall be amended to read:
(Second Paragraph)
If a violation is determined by the ACC, the member shall be sent a written notice informing the member of the violation and thenumber of days from notification they have to remedy the violation. The number of days provided will depend on the violation and a reasonable estimate of the amount of time needed to correct the violation. The notice will provide the member the opportunity to request an extension on the number of days to correct the violation based on extenuating circumstances.
Change 13
SECTION VII - (ENFORCEMENT)
(Third Paragraph)
It is the responsibility of the member to inform the Architectural Control Committee, either directly or through the management company, when a violation is corrected. If the ACC is not informed of a violation correction, it is assumed that it has not occurred.
Shall be amended to read:
(Third Paragraph)
It is the responsibility of the member to inform the Architectural Control Committee, either directly or through the management company, when a violation is corrected. If the ACC is not informed that a violation has been corrected, it is assumed that the correction has not been made.
Change 14
SECTION VII - (ENFORCEMENT)
(Fourth Paragraph)
If the violation is not corrected within the number of days provided by the notice, the member shall be sent a letter stating date, time and place of hearing. At the hearing the member shall have an opportunity to be heard and represented by counsel before the Board of Directors regarding such charges.
Shall be amended to read:
(Fourth Paragraph)
If the violation is not corrected within the number of days provided by the notice and the member has not been approved for an extension or the violation has not been corrected by the extension date, the member will be sent a letter for a hearing. If the Board of Directors, at said hearing, determines that the charges are proper, it may assess a charge as stated below with the charge being assessed from the date of the second written notice until the violation is or was corrected.
Change 15
SECTION VII - (ENFORCEMENT)
(Fifth Paragraph)
Notice of said hearing shall be hand delivered or mailed (registered or certified mail return receipt requested) to the member at the address of record with the Association at least 14 days prior to the hearing. If the Board of Directors, at said hearing, determines that the charges are proper, it may assess a charge of Fifty Dollars ($50) for any single offense or Ten Dollars ($10) per day for any offense of a continuing nature, with the charge being assessed from the date of the second written notice. Any charge shall be treated as a personal obligation of the member and as an assessment against the member’s lot pursuant to ARTICLE IV, SECTION 1, and ARTICLE IV, SECTION 8, of the Covenants, and Sections 55-513.B and 55-516 of the Code of Virginia of 1950, as amended.
Shall be amended to read:
(Fifth Paragraph)
Notice of said hearing shall be hand-delivered or mailed (registered or certified mail return receipt requested) to the member at the address of record with the Association at least 14 days prior to the hearing. If the Board of Directors, at said hearing, determines that the charges are proper, it may assess a charge of Fifty Dollars ($50) for any single offense or Ten Dollars ($10) per day for any offense of a continuing nature, with the charge being assessed from the date of the second written notice. Any charge shall be treated as a personal obligation of the member and as an assessment against the member’s lot pursuant to Article IV, Sections 1 and 8 of the Covenants, and the Code of Virginia, the Property Owners’ Association Act.
Change 16
SECTION VII - (ENFORCEMENT)
Shall be amended to add:
(New Sixth Paragraph)
With the exception of naturally recurring phenomena (e.g., mold, leaves, etc.) if there is another occurrence of the same violation for which a notice had previously been given, the initial number of days to remedy the violation may not be granted. On this subsequent occurrence, the member will be expected to correct the violation immediately and may not be granted additional time to correct the violation. The member will be sent a letter for a hearing. If the Board of Directors, at said hearing, determines that the charges are proper, it may assess a charge as stated below with the charge being assessed from the date of its occurrence until the date it is or was corrected.
Change 17
SECTION VII - (ENFORCEMENT)
Shall be amended to add:
(New Seventh Paragraph)
All notices for a hearing will provide the date, time, and place for the hearing and shall be hand-delivered or mailed (registered or certified mail return receipt requested) to the member at the address of record with the Association at least 14 days prior to the hearing. At the hearing the member shall have an opportunity to be heard, appeal, and be represented by counsel before the Board of Directors regarding such charges. If the appeal is denied, and the Board of Directors determines the charges are proper, the member may be assessed a charge of Fifty Dollars ($50) for any single offense or Ten Dollars ($10) per day for any offense of a continuing nature, with the charge being assessed from the date as stated above until the date the violation is or was corrected. Any charge should be treated as a personal obligation of the member and as an assessment against the member’s lot pursuant to Article IV, Sections 1 and 8 of the Covenants, and the Code of Virginia, the Property Owners’ Association Act.
Change 18
SECTION VII - (ENFORCEMENT)
(Current Sixth Paragraph)
In addition to all other remedies, the member shall be responsible for all costs of enforcement and/or collection, including reasonable attorney’s fees, should the Board hire an attorney to assist with the collection of assessments or the enforcement of any terms or conditions of the Articles of Incorporation, Covenants, Bylaws of the Association, or these Rules and Regulations.
Shall be amended to add:
(New Eighth Paragraph)
In addition to all other remedies, the member shall be responsible for all costs of enforcement and/or collection, including reasonable attorney’s fees, should the Board hire an attorney to assist with the collection of assessments or the enforcement of any terms or conditions of the Articles of Incorporation, Covenants, Bylaws of the Association, or these Rules and Regulations.
SECTION II - (ARCHITECTURAL APPROVAL PROCESS)
Paragraph 1. Homeowner’s Responsibilities
a. Must submit a request form, in duplicate, to the Architectural Control Committee for approval of actions protected by the Covenants. Use the copy of the form included as the ATTACHMENT or obtain a copy from any member of the Committee or from the HFHA website.
Shall be amended to read:
Paragraph 1. Homeowner’s Responsibilities
a. Must submit a request form to the Architectural Control Committee for approval of actions protected by the Covenants. The form is located on the Howe Farms website and can be submitted online.
Change 2
SECTION II - (ARCHITECTURAL APPROVAL PROCESS)
Paragraph 2. Tests Applied by the Architectural Control Committee Prior to Approval
Shall be amended to read:
Paragraph 2. Architectural Control Committee (ACC) Responsibilities
Change 3
SECTION III - (ARCHITECTURAL RULES)
Paragraph 1. Appearance of Premises
a. The general appearance of the premises must be maintained in a neat, well-kept, uncluttered manner. This includes the lawn area as well as any structure erected on the premises. Driveways may not be painted or stained but a clear sealant or one identical to the color of the existing driveway may be used. The finished product must not have a slippery surface. Driveways will either be cement or aggregate rock color.
Shall be amended to read:
Paragraph 1. Appearance of Premises
a. The general appearance of the premises must be maintained in a neat, well-kept, uncluttered manner. This includes the lawn area as well as any structure erected on the premises. Driveways may not be painted or stained but a clear sealant or one identical to the color of the existing driveway may be used. The finished product must not have a slippery surface. Driveways may be cement, aggregate rock, or solid pavers in colors which must be pre-approved by the Architectural Control Committee.
Change 4
SECTION III - (ARCHITECTURAL RULES)
Paragraph 2. Detached Structures
Detached structures include storage sheds, storage buildings, workshops, playhouses, treehouses, and platforms.
b. Detached buildings or structures will be one story with a maximum size of 12 feet by 18 feet or 216 square feet. The maximum height for any shed built after April 24, 2014 will be 12 feet in height from the floor to the peak. Any detached building or structure must be approved by the Architectural Control Committee.
Shall be amended to read:
Paragraph 2. Detached Structures
Detached structures include but is not limited to storage sheds, storage buildings, workshops, playhouses, treehouses, and platforms.
b. Detached buildings or structures will be one story with a maximum size of 12 feet by 18 feet or 216 square feet. The maximum height for any storage shed, storage building, workshop, or structure built after April 24, 2014, will be 12 feet in height. Storage sheds, storage buildings, and workshops will be measured from the floor to the peak and only one of these will be allowed per lot. Any detached structure must be approved by the Architectural Control Committee.
Change 5
SECTION III - (ARCHITECTURAL RULES)
Paragraph 5. Landscaping
a. Lawns, trees, shrubs, and other landscaping components will be maintained in a neat, well-groomed manner and appearance. Grass must be trimmed from the sidewalks, driveways, and curbs. Grass clippings and leaves must be swept off the sidewalk and cleaned/bagged if blown into the street and gutters. Leaves, gum balls, and sticks must be removed from driveways and yards in a timely manner.
Shall be amended to read:
Paragraph 5. Landscaping
a. Lawns, trees, shrubs, and other landscaping components will be maintained in a neat, well-groomed manner and appearance. Grass must be trimmed from the sidewalks, driveways, and curbs. Grass clippings and leaves must be swept off the sidewalk and cleaned/bagged if blown into the street and gutters. Leaves, gumballs, and sticks must be removed from sidewalks, driveways, and yards in a timely manner.
Change 6
SECTION IV - (GENERAL RULES)
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
Shall be amended to read:
Paragraph 10. City of Hampton Trash/Recycling Collection and Storage of Trash/Recycling Toters
Change 7
SECTION IV - (GENERAL RULES)
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
a. Trash, garbage, and materials to be recycled shall be kept in toters furnished by the City of Hampton and shall be placed curbside no earlier than 3:00 PM on the day before collection and removed no later than midnight of the day of collection.
Shall be amended to read:
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
a. Trash, garbage, and materials to be recycled shall be kept in toters furnished by the City of Hampton and shall be placed curbside no earlier than the day before collection and removed no later than midnight of the day of collection.
Change 8
SECTION IV - (GENERAL RULES)
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
b. Bulk refuse (such as discarded household items and fixtures, mover’s boxes, bagged and un- bagged yard waste materials) which the City of Hampton will remove as part of its trash collection service, may be placed on the curb no sooner than the day before scheduled pickup.
Shall be amended to read:
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
b. Bulk refuse (such as discarded household items and fixtures, boxes, and bagged yard waste materials, with the exception of limbs, trees, bushes, and other yard waste that is normally not bagged, which the City of Hampton will remove as part of its trash collection service), may be placed on the curb no sooner than the day before scheduled pickup.
Change 9
SECTION IV - (GENERAL RULES)
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
Shall be amended to add:
Paragraph 10. City of Hampton Trash Collection from Homes in Howe Farms and Storage of Trash Toters
d. Garbage and recycling toters, while stored on the property, should not be overfilled so that its contents can be seen from the street. That is, toters seen from the street must be filled so the lid will shut completely.
Change 10
SECTION IV - (GENERAL RULES)
Shall be amended to add:
Paragraph 14. Rain Barrels
Rain Barrels may not be placed beyond the front corner of the house and shall be of a color pre-approved by the Architectural Control Committee.
Change 11
SECTION V - (COMMON AREA/RECREATION AREA RULES)
Paragraph 2. Pets/Waste Removal
a. Pets are allowed in the Howe Farms Recreation Area but must be on a leash. All animal waste must be bagged and carried off the premises (not put in HFHA trash cans).
Shall be amended to read:
Paragraph 2. Pets/Waste Removal
a. Pets are allowed in the Howe Farms Recreation Area but must be on a leash. All animal waste must be bagged and eithercarried off the premises or put in the pet waste station or City trash toter. Pet waste should not be put in the trash cans in the playground area or by the picnic tables.
Change 12
SECTION VII - (ENFORCEMENT)
(Second Paragraph)
If a violation is suspected, the member shall receive written notice of the violation, and will be given an appropriate number of days from notification to remedy the violation. The number of days provided will depend on the type of the violation and reasonable estimate of the amount of time needed to correct the violation. In the event of a subsequent occurrence of a violation for which a notice had been given, the initial number of days to remedy the violation may not be granted. Notices will provide the member the opportunity to request an extension based on mitigating circumstances.
Shall be amended to read:
(Second Paragraph)
If a violation is determined by the ACC, the member shall be sent a written notice informing the member of the violation and thenumber of days from notification they have to remedy the violation. The number of days provided will depend on the violation and a reasonable estimate of the amount of time needed to correct the violation. The notice will provide the member the opportunity to request an extension on the number of days to correct the violation based on extenuating circumstances.
Change 13
SECTION VII - (ENFORCEMENT)
(Third Paragraph)
It is the responsibility of the member to inform the Architectural Control Committee, either directly or through the management company, when a violation is corrected. If the ACC is not informed of a violation correction, it is assumed that it has not occurred.
Shall be amended to read:
(Third Paragraph)
It is the responsibility of the member to inform the Architectural Control Committee, either directly or through the management company, when a violation is corrected. If the ACC is not informed that a violation has been corrected, it is assumed that the correction has not been made.
Change 14
SECTION VII - (ENFORCEMENT)
(Fourth Paragraph)
If the violation is not corrected within the number of days provided by the notice, the member shall be sent a letter stating date, time and place of hearing. At the hearing the member shall have an opportunity to be heard and represented by counsel before the Board of Directors regarding such charges.
Shall be amended to read:
(Fourth Paragraph)
If the violation is not corrected within the number of days provided by the notice and the member has not been approved for an extension or the violation has not been corrected by the extension date, the member will be sent a letter for a hearing. If the Board of Directors, at said hearing, determines that the charges are proper, it may assess a charge as stated below with the charge being assessed from the date of the second written notice until the violation is or was corrected.
Change 15
SECTION VII - (ENFORCEMENT)
(Fifth Paragraph)
Notice of said hearing shall be hand delivered or mailed (registered or certified mail return receipt requested) to the member at the address of record with the Association at least 14 days prior to the hearing. If the Board of Directors, at said hearing, determines that the charges are proper, it may assess a charge of Fifty Dollars ($50) for any single offense or Ten Dollars ($10) per day for any offense of a continuing nature, with the charge being assessed from the date of the second written notice. Any charge shall be treated as a personal obligation of the member and as an assessment against the member’s lot pursuant to ARTICLE IV, SECTION 1, and ARTICLE IV, SECTION 8, of the Covenants, and Sections 55-513.B and 55-516 of the Code of Virginia of 1950, as amended.
Shall be amended to read:
(Fifth Paragraph)
Notice of said hearing shall be hand-delivered or mailed (registered or certified mail return receipt requested) to the member at the address of record with the Association at least 14 days prior to the hearing. If the Board of Directors, at said hearing, determines that the charges are proper, it may assess a charge of Fifty Dollars ($50) for any single offense or Ten Dollars ($10) per day for any offense of a continuing nature, with the charge being assessed from the date of the second written notice. Any charge shall be treated as a personal obligation of the member and as an assessment against the member’s lot pursuant to Article IV, Sections 1 and 8 of the Covenants, and the Code of Virginia, the Property Owners’ Association Act.
Change 16
SECTION VII - (ENFORCEMENT)
Shall be amended to add:
(New Sixth Paragraph)
With the exception of naturally recurring phenomena (e.g., mold, leaves, etc.) if there is another occurrence of the same violation for which a notice had previously been given, the initial number of days to remedy the violation may not be granted. On this subsequent occurrence, the member will be expected to correct the violation immediately and may not be granted additional time to correct the violation. The member will be sent a letter for a hearing. If the Board of Directors, at said hearing, determines that the charges are proper, it may assess a charge as stated below with the charge being assessed from the date of its occurrence until the date it is or was corrected.
Change 17
SECTION VII - (ENFORCEMENT)
Shall be amended to add:
(New Seventh Paragraph)
All notices for a hearing will provide the date, time, and place for the hearing and shall be hand-delivered or mailed (registered or certified mail return receipt requested) to the member at the address of record with the Association at least 14 days prior to the hearing. At the hearing the member shall have an opportunity to be heard, appeal, and be represented by counsel before the Board of Directors regarding such charges. If the appeal is denied, and the Board of Directors determines the charges are proper, the member may be assessed a charge of Fifty Dollars ($50) for any single offense or Ten Dollars ($10) per day for any offense of a continuing nature, with the charge being assessed from the date as stated above until the date the violation is or was corrected. Any charge should be treated as a personal obligation of the member and as an assessment against the member’s lot pursuant to Article IV, Sections 1 and 8 of the Covenants, and the Code of Virginia, the Property Owners’ Association Act.
Change 18
SECTION VII - (ENFORCEMENT)
(Current Sixth Paragraph)
In addition to all other remedies, the member shall be responsible for all costs of enforcement and/or collection, including reasonable attorney’s fees, should the Board hire an attorney to assist with the collection of assessments or the enforcement of any terms or conditions of the Articles of Incorporation, Covenants, Bylaws of the Association, or these Rules and Regulations.
Shall be amended to add:
(New Eighth Paragraph)
In addition to all other remedies, the member shall be responsible for all costs of enforcement and/or collection, including reasonable attorney’s fees, should the Board hire an attorney to assist with the collection of assessments or the enforcement of any terms or conditions of the Articles of Incorporation, Covenants, Bylaws of the Association, or these Rules and Regulations.