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Resolution - Contiguous Lots

May 22, 2012
Resolution - Contiguous Lots
  • AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
    POLICY RESOLUTION NO. 04-02
    (Procedures Regarding Contiguous Lot Exemptions)

    WHEREAS Section 3 of the Restrictions and Covenants as recorded in the Circuit Court of the County of Stafford, Virginia in Deed Book 4, at Page 64, provides that if more than one lot is used for a single Home, the combined lots shall be considered as one lot; and

    WHEREAS it is the intention of the Board of Directors to reaffirm and encourage multiple lot ownership by lot owners within the community when using the combined lots for a single family Home; and

    WHEREAS it is the intention of the Board of Directors to confirm that this exemption is applied uniformly throughout the Association; and

    WHEREAS the Board of Directors believes that it is necessary to establish, clarify and consolidate all of its policies and procedures governing the determination of whether a lot owner is using contiguous lots for a single family Home;

    NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors adopts the following procedure that a contiguous lot owner and the Board of Directors must follow in order for a contiguous lot owner to have the multiple lots treated as one:

    1. The lot owner must inform the Association in writing on Forms provided by the Association that the owner requests permission to treat the owner’s multiple contiguous lots as one residential domain for dues and voting rights purposes.
    Accompanying the form shall be a C.L.S. plat of Survey showing the lots combined as one with all improvements depicted thereon; such survey shall be no older than 90 days from the date of its transmittal.

    2. In the written request for permission, the owner must represent that the owner wishes to construct, is constructing, or has constructed on the multiple lots a dwelling house and

    a) materially related structures which are of sufficient significance that they reasonably create the appearance of one residential domain to the public. This includes nonpermanent structures such as recreational equipment, fencing, gardens, and similar items, or
    b) that dwelling house will sit on each of the contiguous lots. To the extent that such Construction has not taken place or is not finished at the time of the submission of the written request, the owner must provide the date of completion to the General Manager in writing so that the inspection referenced in paragraph 3 can be properly scheduled and conducted. If a homeowner owns more than two (2) contiguous lots and is seeking this waiver, there must be evidence on all the lots that the homeowner intends to create one residential domain encompassing all lots. The structures upon which the owner relies to support this exemption must be specifically stated on the application.

    3. An inspection of the lots in question should be made by the Secretary or General Manager of the Association, with their reasonable discretion controlling on the issue of whether the requirements of subparagraph Two (2) are complied with, and, if so, a written statement should be issued by said Secretary or Manager to the applicant and to the Association’s records that the lots in question shall be treated as one as far as the Association’s rules and regulations are concerned.

    4. The determination and inspection required in subparagraph Three (3) shall be made within a period of Fifteen (15) business days of receipt of the material outlined in subparagraph number One (1) above, or after the General Manager’s
    receipt of the owner’s written notice of the completion of the Construction, whichever comes first.

    5. The owner’s continuing right to receive the benefit of the Association’s decision to treat the contiguous lots as one residential domain for voting rights and dues paying purposes is contingent upon the owner’s continuing compliance with all tenets of this policy. If the structures upon which the homeowner relies for the exemption are altered, destroyed, moved, or are in any way materially altered so that they no longer support the exemption, the homeowner must notify the Board within writing that this has changed. The homeowner must then resubmit an application for the exemption. If the homeowner fails to submit something in writing to the Board regarding the change, the Association may rescind the
    exemption at any time. The Association reserves the right to rescind any waiver and to make any rescission effective as of the time when the Board determines that the owner became non-compliant with the policy. Prior to rescission, the
    Board shall provide the owner with notice of its intent and an opportunity to request a hearing before the Board.

    6. Any rights or benefits conferred herein shall run with the title of the contiguous lots in any situation where the owner (a) simultaneously conveys the contiguous lots and (b) the new owner maintains the contiguous lots in full compliance with the tenets of this policy.

    7. If an owner sells a contiguous lot that was given this exemption such that the ownership of the lot is conveyed to a different owner, or both lots are conveyed simultaneously to different owners, the selling owner will be responsible for all assessments that were waived for the lot since the effective date of this resolution.

    8. Any owner who has been granted this exemption prior to the effective date of this resolution must resubmit a request for the exemption within sixty (60) days of the date that a copy of this adopted resolution is mailed to homeowners.

    BE IT FURTHER RESOLVED that the Association in no way acknowledges any responsibility in effectuating a change in the Subdivision Plats as recorded in the Clerk’s Office of Stafford County, Virginia, and

    BE IT FURTHER RESOLVED that the Association disclaims any responsibility to the lot owner for any attempted vacation of plats, real estate consequences, or other consequences known or unknown, which might occur in the lot owner combining said lots, and

    BE IT FURTHER RESOLVED that the combining of said lots in is personal between the owner of said lot and the Association and its members shall have no bearing on other matters which might arise between the said owner, local and state authorities or agencies, and the right of other lot owners within the development, and

    BE IT FURTHER RESOLVED that those owners of contiguous lots within the Aquia Harbour subdivision on which no single family residence exists and/or is being constructed and who otherwise fails to meet the other requirements outlined in this resolution shall fall outside the benefit and scope of this resolution, and shall not inure to the benefits outlined in this resolution, and

    BE IT FURTHER RESOLVED that on those contiguous lots on which no multiple dues have been collected when same would otherwise be due and payable, same are hereby waived by the Board of Directors up to the said period, and

    BE IT FURTHER RESOLVED that this resolution shall become effective immediately with the Secretary being instructed to cause the Forms hereby described to be printed and made available to desirous lot owners; and that the Secretary in writing notify those owners of lots within the Subdivision who might be affected by this resolution.

    Adopted by the Board of Directors December 16, 2004
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