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Part 6 - Communities

May 22, 2012
Part 6 - Communities
  • PART SIX: COMMITTEES
    ARTICLE XXII
    ARCHITECTURAL CONTROL COMMITTEE

    SECTION 1. Created hereby is the Architectural Control Committee (ACC) which Committee shall have as its sole and only purposes, (1) the review of an application from a LOT OWNER for the Construction on a LOT or LOTS within the SUBDIVISION, of a single family residence and (2) inspection to see that the Construction of such single family residence complies with Covenants of record and the plans approved. Such application shall be comprised of at least two (2) sets of detailed plans and specifications for the single family residence to be constructed and shall be accompanied with an application for approval thereof and a sum to cover the administrative costs of processing the application, as determined periodically by the BOARD OF DIRECTORS. The application shall contain such information and be in such form as determined by the ACC.

    SECTION 2. Within Thirty (30) calendar days of the submission of the completed application, the ACC shall have reviewed same to see that the single family residence to be constructed complies with the Covenants and restrictions of record affecting the Construction of residences within the SUBDIVISION. If the plans and specifications are approved, the ACC shall so signify same by stamping its approval on both sets of plans and specifications, signifying such approval date and executing the approval by either the Chairman or Vice Chairman of the ACC. One such set of plans and specifications shall be remitted to the applicant and the other kept with the records of the ASSOCIATION. In the event the plans and specifications submitted are not approved, the reasons for their denial shall be with clarity stated in writing and returned forthwith to the applicant. The applicant shall then have Twenty-one (21) days to comply with the objections of the ACC or the application shall be deemed cancelled and an entire new application, with the sum required, shall be filed before a determination for approval can be made by the ACC.

    SECTION 3. At least Two (2) members shall be members of the BOARD OF DIRECTORS of the ASSOCIATION and shall be as appointed by the BOARD OF DIRECTORS. Each member shall serve for the term of One (1) year or until his successor is appointed by the BOARD OF DIRECTORS and shall be an ACTIVE MEMBER in the ASSOCIATION for his entire tenure in office. Vacancies shall be filled by appointment from the BOARD OF DIRECTORS only. A member of the ACC may be removed by the BOARD OF DIRECTORS for any good cause, and a vacancy thereby created shall forthwith be filled by the BOARD OF DIRECTORS. Consistent absenteeism from meetings of the ACC shall be deemed good cause for removal.

    SECTION 4. The composition of the ACC, its function and duties shall also be detailed in the restrictive Covenants of record in the Clerk's Office of the Circuit Court of Stafford County, Virginia and the terms hereof, where not inconsistent, shall be supplemental thereto. Any inconsistency shall be construed in favor of the restrictive Covenants.

    SECTION 5. A majority of the number of committee members shall constitute a quorum for the transaction of business. The act of the majority of the members present at the meeting at which a quorum is present shall be the act of the ACC.

    SECTION 6. Meetings of the ACC shall take place as the need arises at a time published by the ACC, and shall be held at the principal office of the ASSOCIATION or at any published location within the DEVELOPMENT. Any action required to be taken at a meeting of the ACC, or any action which may be taken at a meeting of the ACC, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the members of the ACC. Such consent shall have the same force and effect as a unanimous vote. Members of the ACC may participate in a meeting of such committee by means of a conference, telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation by such means shall constitute presence in person at such meeting.

    SECTION 7. The members of the ACC shall elect a Chairman, a Vice Chairman and a Secretary of the Committee. The Chairman, or in his absence, the Vice Chairman, shall preside over all meetings. The Secretary of the ACC shall act as Secretary at all meetings. In the event the Chairman and Vice Chairman is absent or the Secretary is absent, the members shall choose a protem official.

    SECTION 8. The ACC shall keep correct and complete written minutes of its proceedings, which minutes shall be kept in bound form, properly executed by the Secretary of the meeting and approved by its Chairman, and kept at the principal office of the ASSOCIATION. Such records may be inspected by any active MEMBER of the ASSOCIATION, or his agent or attorney, for any proper purpose at any reasonable time.

    ARTICLE XXIII
    NOMINATING COMMITTEE

    SECTION 1. The BOARD OF DIRECTORS of the ASSOCIATION shall, no later than the BOARD'S first meeting in April, appoint a Nominating Committee, which shall have as its sole and only purpose the establishment of procedures and times for acceptance of nominations for election to membership on the BOARD OF DIRECTORS, as well as making its own recommendation for said membership. While the Nominating Committee shall have discretion in establishing the methods and time for the submission of nominations and the assimilation from and distribution of information to the active MEMBERS of the ASSOCIATION of such nominations, it shall comply with the following procedures and times, unless so changed by resolution of the BOARD OF DIRECTORS:
    • (a) It shall publish a resume of each nomination, which resume’ shall be no more than one hundred (100) words in length, but not less than fifty (50) words in length.
    • (b) It shall accept nominations made by active MEMBERS of the ASSOCIATION, if such nominations are submitted with the written signature of 30 different LOT OWNERS who are active MEMBERS of the ASSOCIATION at the time of signing, up until September 1st of each year and shall publish a resume’ of such nominations in accordance with (a) above. Failure on the part of a nomination to be accompanied by the afore described signatures shall impose no responsibility on the said committee as herein detailed in this Subsection (b).
    • (c) It shall present to the BOARD OF DIRECTORS, no later than September 15th of each year, no less than one copy times the number of active MEMBERS in the ASSOCIATION as of September 1st of each year, plus 100, of the resumes as described in (a) above.
    • (d) It shall present to the annual meeting of the ACTIVE MEMBERS of the ASSOCIATION a report on its nominations for membership to the BOARD OF DIRECTORS.
    • (e) It shall file with the BOARD OF DIRECTORS, no later than September 1st of each year, a written report on the methods and procedures it employed in arriving at the nominations submitted for that year. All procedures employed by the Nominating Committee for the elections then upcoming shall have been decided upon by the Nominating Committee and submitted in writing to the BOARD OF DIRECTORS for BOARD approval, no later than June 1st of the year in which the election is held.
    SECTION 2. The Nominating Committee shall consist of Five (5) people, at least Two (2) of whom shall be members of the BOARD OF DIRECTORS of the ASSOCIATION, which Five (5) members shall be appointed by the BOARD OF DIRECTORS. No DIRECTOR on the Committee shall be nominated for membership to the BOARD OF DIRECTORS for the same year said DIRECTOR is on such Committee. Each member shall be an ACTIVE MEMBER in the ASSOCIATION for his entire tenure in office and shall serve for the term of One (1) Year or until his successor is appointed by the BOARD OF DIRECTORS. Vacancies shall be filled by appointment by the BOARD OF DIRECTORS only.

    SECTION 3. A majority of the members of the Nominating Committee shall constitute a quorum for the transaction of business. The act of the majority of the members present at a meeting at which a quorum is present shall be the act of the Nominating Committee.

    SECTION 4. Meetings of the Nominating Committee shall take place as the need arises to fulfill the purposes for which it is created; however, there shall be no less than two (2) meetings held by the said Committee whereby at least a Ten (10) day prior notice thereof is published in the newsletter of the ASSOCIATION. The purpose of the prior notice and its publication being imposed on the Committee and the requirement of at least two (2) meetings about which the notice requirement relates is to provide the ACTIVE MEMBERS of the ASSOCIATION with an opportunity to attend such meetings. Subject to the provisions of the immediate proceeding paragraph, any action required to be taken at a meeting of the Nominating Committee, or any action which may be taken at a meeting of said Committee, may be taken without a meeting if a consent in writing setting forth the action so taken, shall be signed by all the members of such Committee. Such consent shall have the same force and effect as a unanimous vote. Members of the Nominating Committee may participate in a meeting of such Committee by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation by such means shall constitute presence in person at such meeting.

    SECTION 5. The members of the Nominating Committee shall elect a Chairman, a Vice Chairman and a Secretary of the Committee. The Chairman, or in his absence, the Vice Chairman shall preside over all meetings. The Secretary of the Nominating Committee shall act as Secretary of all meetings. In the event the Chairman or Vice Chairman is absent or the Secretary is absent, the members shall choose a pro-tem official.

    SECTION 6. The Nominating Committee shall keep correct and complete written minutes of its proceedings, which minutes shall be kept in a bound form, properly executed by the Secretary of the meeting, and approved by its Chairman, and kept at the principal office of the ASSOCIATION. Such records may be inspected by any active MEMBER of the ASSOCIATION, or his agent or attorney for any proper purpose at any reasonable time.

    ARTICLE XXIV
    AQUIA LEGAL COMPLIANCE COMMITTEE

    SECTION 1. Created hereby is the Aquia Legal Compliance Committee (ALCC) which Committee shall have as its sole purpose the enforcement of the Rules and Regulations adopted by the BOARD OF DIRECTORS of the ASSOCIATION and, where not otherwise vested in another committee of the ASSOCIATION, the restrictive Covenants of record in the Clerk's Office of the Circuit Court of Stafford County, Virginia, in Plat Book 4, Page 64, as such Rules and Regulations, and Restrictions and Covenants apply to the entire SUBDIVISION and the use and enjoyment of each LOT and the COMMON AREA (and the AMENITIES comprising same) within the DEVELOPMENT, by anyone, whether an active or inactive MEMBER, a guest thereof, the DEVELOPER, builder or contractor.

    SECTION 2. The ALCC shall consist of Five (5) members at least two of which shall be members of the BOARD OF DIRECTORS of the Association, all of which shall be appointed by the BOARD OF DIRECTORS. Each member shall serve for a term of One (1) year, or until his successor is appointed by the BOARD OF DIRECTORS and shall be an ACTIVE MEMBER in the ASSOCIATION for his entire tenure in office, and be no less than Twenty-one (21) years of age. Vacancies shall be filled by the BOARD OF DIRECTORS.

    SECTION 3. A majority of the number of ALCC committee members shall constitute a quorum for the transaction of business. The act of the majority of the members present at the meeting at which a quorum is present shall be the act of the ALCC.

    SECTION 4. Regular meetings or hearings of the ALCC shall take place at a time published by the ALCC. More frequent Special Meetings or hearings shall be held if needed to accomplish the purposes for which the Committee is created; provided, that no special meeting or hearing shall take place without Three (3) Days notice thereof being given. Notice of special meetings or hearings shall be given by the publication thereof at the Gate House, Harbour Inn and principal office of the ASSOCIATION, as well as the official newsletter of the ASSOCIATION, if possible. Notice of regular meetings or hearings shall be by the publication thereof at the principal office of the ASSOCIATION. All meetings or hearings of the ALCC shall be held at the principal office of the ASSOCIATION. If the purpose of any meeting or hearing is to act on a violation, the accused violator shall be given notice of such meeting no less than Seventy-two (72) hours prior thereto. Any action required to be taken at a meeting of the ALCC or any action which may be taken at a meeting of the ALCC, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the members of the ALCC. Such consent shall have the same force and effect as a unanimous vote. Members of the ALCC may participate in a meeting of such Committee by means of a conference, telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation by such means shall constitute presence in person at such meeting.

    SECTION 5. The members of the ALCC shall elect a Chairman, a Vice Chairman and a Secretary of the Committee. The Secretary need not be a member of the Committee. The Chairman or in his absence the Vice Chairman, shall preside over all meetings. In the event the Chairman and Vice Chairman are absent or the Secretary is absent, the members shall choose a pro-tem official.

    SECTION 6. The ALCC shall keep correct and complete written minutes of all of its proceedings and hearings which minutes shall be kept in bound form, properly executed by the Secretary of the meeting and approved by its Chairman, and kept at the principal office of the ASSOCIATION. Such records may be inspected by any ACTIVE MEMBER of the ASSOCIATION, or his
    agent or attorney, for any proper purpose at any reasonable time.

    SECTION 7. The ALCC shall adopt such procedures as are necessary to accomplish the intents and purposes for which it is created, but in no event shall such procedures take effect any sooner than Thirty (30) days from the adoption thereof and in no event shall such procedures vary, alter or contradict the enforcement procedures herein listed in this Article VVIV of these Bylaws. Any new procedure adopted by the ALCC shall be published in the ASSOCIATION'S official publication, which publication shall include the effective date of such new procedure, as well as being posted in the principal office of the ASSOCIATION. The procedures which are to be followed by the ALCC and which are subject to change only by the BOARD OF DIRECTORS are as follows, to-wit:
    1. All complaints in respect to a violation of any of the Rules and Regulations or Restrictive Covenants of record shall be made in writing to the General Manager of the ASSOCIATION. Nothing shall preclude any of the Aquia Harbour Property Owners Association’s General Manager, the Amenity Managers, or the Chief of Police from initiating a complaint.
    2. Upon the General Manager receiving a written complaint from anyone in respect to a violation of any of the recorded Restrictive Covenants or the Rules and Regulations duly adopted by the BOARD OF DIRECTORS (and as amended from time to time by such BOARD), which violation affects the SUBDIVISION, any LOT, or the COMMON AREA (or any AMENITY comprising such COMMON AREA) which compromise the DEVELOPMENT, the General Manager shall notify the accused in writing of the alleged violation explaining it in detail and seeking voluntary compliance and correction of the violation within a period not exceeding Ten (10) Days from such notice.
    3. At the conclusion of the period allotted for correction, the Code Violations Officer, or in his absence a member of the Aquia Harbour Police Force, shall view the violation to see whether such violations has been corrected or not. The reviewing Code Violations Officer, or the Police Officer, shall make his certificate on a copy of the notice sent by the General Manager returning same forthwith to the General Manager.
    4. If the return shows the violation to be corrected, the matter shall be concluded with the General Manager so notifying the violator of this fact.
    5. If the certificate on the notice shows the violation to still be outstanding, the Administrative Manager shall forthwith forward the notice with the certificate constituting a part thereof as well as all other written documents constituting the record of the matter to the Chairman of the ALCC.
    6. Upon the ALCC receiving the notice and record aforesaid, it shall forthwith notify the accused violator in writing of the accusation.
    7. In this notice of violation the ALCC shall advise the violator that he or she has the opportunity to appear at a date and time designated at a hearing of the ALCC.
    8. The ALCC shall give the accused violator full opportunity to be heard at the hearing or meeting and present a defense to any accusations which have been made. The complaining party or parties shall also be given full opportunity to present in any form evidence of the accusation. At the hearing the ALCC shall be empowered in its discretion to resolve whether or not a violation has occurred.
    9. If the ALCC resolves that a violation has occurred, it shall notify the violator in writing that a violation(s) has been found, and that the matter will be referred to legal counsel for court action unless the violation is corrected within Ten (10) days.
    10. All writings required under this procedure shall be kept in the Association's records. All notices required under this Article shall be served by (1) posting in the U.S. Mails, Certified Mail Return Receipt Requested, or (2) personal service, with date and time of service and the signature of the serving party, noted on a Return Copy of the document served.
    11. The General Manager shall submit to the ALCC a copy of all written complaints filed, and a written report on the disposition of each complaint, with respect to those complaints resolved prior to referral to the ALCC.
    SECTION 8. The powers and authority herein granted to the ALCC shall exist against any violator of the Rules and Regulations of the ASSOCIATION and the Restrictive Covenants of Record, regardless of whether such violator is a MEMBER of the ASSOCIATION, the DEVELOPER or a guest within the SUBDIVISION, specifically a builder within the DEVELOPMENT operating under the license provided and enumerated in these Bylaws.

    SECTION 9. The ALCC is empowered hereby to prepare and adopt Forms necessary to comply with the intents and purposes of this Article XXIV and the authority herein granted and to amend such Forms from time to time as the ALCC shall deem necessary.
    ARTICLE XXV
    ADDITIONAL COMMITTEES
    SECTION 1. All Committees not already delineated in these Bylaws shall be appointed by a majority of the BOARD OF DIRECTORS no later than the BOARD'S last meeting in November.

    SECTION 2. Each Committee shall have a minimum of Three (3) members, of which One (1) member shall be a member of the BOARD OF DIRECTORS.

    SECTION 3. A majority of members of each Committee shall constitute a quorum for the transaction of business. The act of the majority of the members present at any meeting shall be the act of each Committee.

    SECTION 4. The members of each Committee shall elect a Chairman, a Vice Chairman, and a Secretary of the Committee. The Chairman, or in his absence the Vice Chairman, shall preside over all meetings.

    SECTION 5. Each Committee shall keep correct and complete written minutes of all its proceedings, which minutes shall be kept in bound form, properly executed by the Secretary of the Committee and approved by the Chairman and kept at the principal office of the ASSOCIATION.
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