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. Sep. 19 - Board regular work session at 7 p.m. at the office
  4. Sep. 26 - Regular board meeting at 7 p.m. at the Country Club

Resolution - Registration of Leases

Jun 28, 2013
Resolution - Registration of Leases
  • AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
    POLICY RESOLUTION NO. 08-05
    Policy and Procedures Regarding Registration of Leases, Tenants
    WHEREAS, Article VI, Section 1 of the Bylaws provides the Board of Directors with the powers and duties to manage the affairs of the Association, which, includes, but is not limited to, the establishment of policies and procedures regarding the rights and obligations of tenants of lots within Aquia Harbour, particularly policies and procedures that relate to entry through the security gate of the community. NOW THEREFORE, be it resolved that the Board of Directors adopts the following policies and procedures: I. REGISTRATION REQUIREMENTS FOR LOT OWNERS AND TENANTS 1. The Association will recognize the rights of Tenant(s) to enter through the security gate of the community upon receipt of a: a) A copy of a ratified, current lease b) A signed registration form, attached hereto as Exhibit A. 2. This policy will go into effect within 60 days of the adoption of this Resolution. It will apply to new and current leases. Lot owners who currently lease their lot must provide the executed lease registration form and copy of the lease to the Association’s management office prior to the effective date. 3. The lot owner must provide a copy of the Association's legal documents, including the Bylaws and Rules and Regulations, to the Tenant prior to the Tenant taking possession of the lot. Lot owners bear responsibility for ensuring their lot is used and occupied in accord with the Association's legal documents. 4. The Association reserves the right to hold lot owners jointly and severally liable with the Tenant for any damage to the common areas of the Association, as well as any related costs, including actual attorneys fees incurred (whether or not a suit is actually commenced in court), caused by the act, omission, neglect or carelessness of Tenant or the Tenant's family, guests, invitees, licensees, employees or agents. 5. All tenancies must comply with all applicable zoning regulations and ordinances governing the Association. While tenants may have a reasonable number of roommates or sub-tenants, these individuals must be registered with the Association. All tenancies or sub-tenancies must be a minimum of 6 months. Transient living arrangements are prohibited. 6. The lot owner must provide the Association with any updates to the information provided on the registration form, including his or her off-site address and phone number. III. REQUIREMENTS OF THE TENANT 1. All Tenants must abide by the Association's legal documents, irrespective of whether the owner provides a copy of the documents to the Tenant. In addition, the Tenant's family, friends, invitees, licensees, employees and agents must abide by the Association's legal documents. 2. If a Tenant assigns or sublets the lease or allows any other person to occupy the leased premises, the Tenant and/or lot owner must register the occupant or sub-tenant with the Association's management. IV. ASSOCIATION'S DUTY 1. Upon receipt of the information and documentation required by Section II of this Resolution, the Association shall provide member identification materials, including but not limited to, identification cards and/or car decals, to the Tenant. V. REMEDIES FOR NONCOMPLIANCE 1. If the lot owner fails to comply with the registration requirements set forth in Section II of this Resolution, the Association may take any enforcement action authorized by the Virginia Property Owner's Association Act or the Association's legal documents. 2. Enforcement action may include denial of right of access for any unregistered person seeking entry through the Association’s security gate or the right to use the Association's amenities or services. 3. Violations of any provision in the Association's legal documents, including a failure to properly register with the Association in accordance with Section II of this resolution, are a default of the lease. 4. If the Association makes a determination that the Tenant is in violation of the Association's legal documents, the Association reserves the right to compel the lot owner to terminate the lease with the Tenant by sending forty-five (45) days written notice, via certified-mail, return-receipt requested, to the lot owner and the Tenant stating that the Board is exercising such right or to seek eviction of the Tenant on its own. 5. Nothing set forth herein shall be deemed an election of remedies; accordingly, in addition to the enforcement mechanisms described in this policy, the Association reserves the right to pursue any and all enforcement options available at law or in equity against a lot owner or Tenant who violates any provision of this policy or the Association's legal documents. This Resolution was adopted this 11th day December, 2008, by the Board of Directors.
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