1. Welcome to the Aquia Harbour Property Owner's Association website. After you register, you may want to spend a bit of time reviewing the "tutorials" forum.
  2. That's right folks, we have a bunch of ways for you to "follow" important announcements posted. On Twitter as AHPOA. On FaceBook as "aquiaharbour".
  3. Nov. 21 - The AHPOA business office will close at 12:30 p.m. for the Thanksgiving holiday.
  4. Nov. 22 & Nov. 23 - The AHPOA business office will be closed for the Thanksgiving holiday.
  5. Nov. 28 - Nov. & Dec. board work session. 7 p.m. at the business office.

Part 1 - Introduction

May 24, 2012
Part 1 - Introduction
  • PART ONE: INTRODUCTION
    FOREWORD
    BYLAWS

    AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.

    RESOLVED: That it is hereby declared to be in the best interest of the Association and its membership to incorporate into one document the Bylaws of the Aquia Harbour Property Owners Association, Inc. as adopted by the Board of Directors of the Association, Thursday, September 4, 1980, as ratified by the membership of the Association at the Annual meeting on October 18, 1980 and by addition and/or deletion the changes to same by the amendments which have been approved by the membership from time to time since the September 4, 1980 printing.

    FURTHER RESOLVED: That this new set of Bylaws hereby adopted shall be for the regulation and management of the affairs of the Corporation and shall become effective this 15th day of October, 1988.

    FURTHER RESOLVED: That this new printing of the Bylaws hereby approved shall continue to declare null and void and continue to rescind in toto those Bylaws and Code(s) of Regulations, so called, which may have been in existence from the inception of the Association September 4, 1980; and further, that such new set of Bylaws shall be the only Code of Rules under which the Association shall operate and shall exist until otherwise in the future amended or rescinded.

    RESOLVED FURTHER: That this new set of Bylaws hereby adopted shall not impair the validity of the Rules and Regulations affecting the conduct for the use and enjoyment of individual amenities within the Subdivision and that all such Rules and Regulations shall remain in full force and effect until otherwise in the future amended or rescinded.

    FURTHER RESOLVED: That this new set of Bylaws shall have, as a cover sheet, this resolution which shall display a verification by the Secretary with affirmation by the President of the Association the effective date of the adoption of these Bylaws, statement as to the exactness and completeness of the Bylaws as adopted, and then later amended, with all such amendments included in the retyping of same.

    ARTICLE I
    NAME AND LOCATION
    SECTION 1. The name of the Virginia Non-Stock Corporation, formed pursuant to Chapter 2, Title 13.1 of the Code of Virginia, 1950, as amended, is AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC., hereafter referred to as "ASSOCIATION". The principal office of the Corporation shall be located in the Information Center at Aquia Harbour Subdivision, or at such other place as determined from time to time by resolution of the Board of Directors of the ASSOCIATION.

    ARTICLE II
    DEFINITIONS

    SECTION 1. "ASSOCIATION" shall mean and refer to Aquia Harbour Property Owners Association, Inc., a Virginia Non-Stock Corporation, its successors or assigns.

    SECTION 2. "SUBDIVISION" shall mean that certain parcel of real estate located in Aquia Magisterial District, Stafford County, Virginia consisting of approximately 1,942.8 acres, commonly known and designated as "Aquia Harbour Subdivision".

    SECTION 3. "COMMON AREA" shall mean all real estate owned of record at any time, now and in the future, by the ASSOCIATION for the common and exclusive use and enjoyment of the active members of the ASSOCIATION and shall consist of the following, herein mentioned by way of illustration and not limitation:
    a. all roads
    b. golf course
    c. country club
    d. yacht club
    e. marina
    f. swimming pools
    g. tennis courts
    h. riding stables
    i. riding paths
    j. marshlands
    k. channels
    l. all land under Virginia Electric and Power Company easements
    m.entrance easement

    COMMON AREA shall also include the real estate more fully described in and found in a certain Deed of Record from Freeman C. Marr, as Trustee recorded January 19, 1977, in the Clerk's Office of the Circuit Court of Stafford County, Virginia, in Deed Book 304 at Page 91.

    SECTION 4. "LOT" shall mean and refer to any plot or parcel or real estate within the SUBDIVISION as shown and described on Plats of Survey recorded in the Clerk's Office of the Circuit Court of Stafford County, Virginia, in the following Plat Books and Page Numbers, LESS AND EXCEPT the COMMON AREA:

    PLAT BOOK PAGE NUMBER
    4 17-20
    4 37-38
    4 63-66
    4 67-68
    4 69-84
    4 160-162
    4 169-174
    4 175-178
    4 179-180
    5 1-2
    5 3-5
    5 6-26
    5 59-60
    5 78-92
    6 49-56

    SECTION 5. "OWNER" shall mean and refer to the record owner or contract owner, whether one or more persons or entities, of the fee simple title to any LOT within the SUBDIVISION but excluding those having such interest merely as security for the performance of an obligation.

    One purchasing a LOT within the "SUBDIVISION" under a binding contract shall be considered an OWNER for purposes hereof.

    SECTION 6. "SUBDIVIDED ACT" shall mean the Subdivided Land Sales Act of 1978, Title 55, Chapter 19, of the Virginia Code, 1950, as amended, Section 55-344, et seq., which became effective July 1, 1978.

    SECTION 7. "MEMBER" shall be as described and defined in Article III of these Bylaws.

    SECTION 8. "DEVELOPMENT" shall be synonymous with "SUBDIVISION".

    SECTION 9. "AMENITY" shall mean those individual portions of the "COMMON AREA" provided the active MEMBERS for their use and enjoyment and shall consist of at least the following:

    a. all roads
    b. golf course
    c. country club
    d. yacht club
    e. marina
    f. swimming pools
    g. tennis courts
    h. riding stables
    i. riding paths
    j. marshlands
    k. channels
    l. all land under Virginia Electric and Power Company easements
    m. entrance easements

    SECTION 10. "ACT" shall mean the Virginia Non-Stock Corporation Act, Title 13.1, Chapter 2 of the Virginia Code, 1950, as amended, Section 13.1-201 et. seq.

    SECTION 11. "BOARD OF DIRECTORS" shall mean the group of persons vested with the management of the affairs of the ASSOCIATION irrespective of the name by which such group is designated.

    SECTION 12. "DIRECTOR" shall mean a member of the BOARD OF DIRECTORS.

    SECTION 13. "CORPORATION" shall be synonymous with ASSOCIATION.

    SECTION 14. "ARTICLES OF INCORPORATION" means all documents constituting at any particular time, the charter of the ASSOCIATION. It includes the original charter issued by the State Corporation Commission of the Commonwealth of Virginia and all amendments including Certificates of Merger or Consolidation. It excludes documents prior in time to the latest Articles of Amendment, Merger or Consolidation which restate the Articles of Incorporation.

    SECTION 15. "DEVELOPER" shall mean Aquia Harbour, Inc., a Virginia Corporation, its successors or assigns.
    ARTICLE III
    CORPORATE SEAL

    The seal of the ASSOCIATION shall have inscribed thereon the name of the Corporation and the County or City of its principal office. The seal may be used by printing, engraving, lithographing, stamping or otherwise making, placing, or affixing, or causing to be printed, engraved, lithographed, stamped, or otherwise made, placed, or affixed upon any paper or document, by any process whatsoever, an impression, facsimile or other reproduction of said seal.

    ARTICLE IV
    FISCAL YEAR

    The Fiscal Year of the Association shall begin on the first day of April of each year and shall end on the last day of March of the immediately succeeding year. The Board may adopt a short term fiscal year during the first year in which these Bylaws are in effect in order to effect an orderly transition and to achieve compliance with this Article. This will in no way alter the July 1st dues, fees and assessments collection date.
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