GM Notes / From Katherine’s Notes
Sorry for the delay. I was out of town for the Board Meeting so Katherine Shaw, the Board Secretary and Staff Member, took my place. Thanks Katherine!
Open 30 – One resident spoke about the Association deciding whether or not we are a POA and she objected to the proposed Open-30 resolution.
Directors Comments – Discussed was advertising, upcoming Harbour Events: Easter Egg Hunt, Murder Mystery and Harbour Games and praise for how the residents handled the historic wind storm.
IT TAKES A COMMUNITY – Drug Addiction and mental health seminar. Sponsored by the Public Safety Committee. Chairman David Humphrey spoke about this seminar which will take place on May 19th at the Harbour Inn.
(V) Electronic Voting Resolution – Passed Clarifies when the Board may use electronic voting and mandates that it be brought forth in the first following Board meeting.
(V) Open 30 Resolution – Passed Clarifies the rules and conduct of the Open 30 where residents can address the Board at the beginning of regular Board Meetings.
(V) Policy on the Recording and Live Streaming of Meetings – Passed Clarifies that residents may not record or live stream Board Meetings.
(V) Mowing Contract – Awarded to Gibmore Lawn Service
A review of the 2nd lane special Board meeting was done but no decisions were made.
Regarding the POA Act, there is no decision to make. It was made in several Va. Supreme Court cases, handed down between 2004 and 2008, that affects WHICH HOAs fall under the POA Act. Aquia Harbour does not. Not liking the decision doesn’t make it undecided or questionable, it just makes it unliked. We ARE a community association, we ARE a not-for-profit Corporation and we ARE a non-stock corporation (NCS) governed under the NSC Act and Title 13 of the Va. Code. However, we are NOT compelled under the POA Act nor are we governed under Title 55 of the Va. Code. This is not an opinion. These are the facts. These facts have been confirmed by a review of the Va. Supreme Court rulings, two attorneys and DPOR which governs POA Act neighborhoods and confirms that we are not inclusive.
In order for this position to change:
1) The Virginia Supreme Court would have reverse their decision in this case; or
2) The U.S. Supreme Court would have to overturn the state’s decision; or
3) The General Assembly could revise the POA Act; or
4) The AHPOA would have to change its declaration (Restrictions and Covenants) by a 2/3 majority vote of lot owners to include the necessary language to render us inclusive under the POA Act.
Each of these options is possible albeit unlikely. Even so, we follow many of the POA Act requirements as they are good business practices and will continue to do so.
What is the difference between a vote, a resolution, a bylaw amendment and a covenant change and when does the Board HAVE to come to the community for a vote? I’m so glad you asked!
A Vote and a Resolution are pretty much the same thing. A “vote” is just a decision. The formality of a “resolution” includes “justification language” that sends a message to future boards that this is a decision they hope will extend beyond their term. Both a Vote and a Resolution can be overturned by a current or a future board with a majority decision. The only condition of a vote or a resolution is – it CANNOT be in conflict with the bylaws or our restrictions and covenants. Other than that, the Board is empowered by Article VI, Section 1 of the Bylaws with the powers and duties to manage the affairs of the Association. In addition, the NSC Act provides that the Board can “do all things necessary or convenient to carry out its business and affairs, including, without limitation, power” and “to have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized.” It is the Board’s job to make these decisions for the community.
Bylaw Change – A Bylaw change is much more concrete. Article XII of our bylaws goes into how to make a bylaw change. It is made by a vote of the AHPOA members and is not used often because of its permanence. For most votes and resolutions, it is the personality of the Board and the circumstances at hand that drive the decisions. Putting them in the concrete context of a bylaw change would hinder future Boards from a different perspective or the application of changing circumstances. Bylaws are to be long term standing governance rules regarding the Board of Directors and Membership and as such are changed or altered very infrequently and take a majority vote of active members at a meeting where quorum is present in person or by proxy.
Restrictions and Covenants are our Declaration. They bind all lot owners until the year 2039. The only “amenity” that is locked in until 2039 is our roads. Our roads must remain private until 2039 – not that the County would ever take them over anyway. All other amenities are defined and protected by our bylaws and would require a bylaw amendment to change. Restrictions and Covenants cannot be amended without a 2/3rd majority of all eligible members – that would be about 1600 affirmative votes needed to change them. Again, possible – but unlikely.
The only time the Board is compelled to get a community vote is: to change the restrictions and covenants; to change or add a bylaw or to use Reserve funds for a non-reserve purpose. That’s it.
These are the facts and they are not in dispute – Captain Jack Ross, A Few Good Men
Thank you to the Board for permitting me a last-minute opportunity to share a condo with my friends at Myrtle Beach. I needed some Vitamin SEA, and thank you to Katherine for stepping in for me. We have lots of great stuff coming up so mark your calendars!
4/1 DUES / Payment in full or first quarter dues with a surcharge are due. They are not considered late until after the 15th. Drop boxes are located at the visitor side of the front gate or in front of the Business Office for your convenience. Online account management still coming – hopefully this month.
4/7 Follow your dreams to our 1980’s Murder Mystery! April 7th at 7 pm Aquia Harbour Country Club HEC_TRT@yahoo.com for tickets. Sponsored by the Harbour Events Club!
4/14 Monte Carlo Night!!!! At the COUNTRY CLUB. This had to be rescheduled from March because of the storm. Please come out and support our Aquia Evening Lions. Its only $20 and that gets you a buffet of snacks, a door prize ticket and funny money for the tables. Dress up or not – it’s all good. Remember it’s at the Country Club not the Harbour Inn at 7p. Chief Thompson will be your MC! You can get your tickets at the door.
4/18 Board Work Session 7pm Business Office
4/21 Preschool Fun Run 10-2 Lions Park.
4/21 Aquia Clean Up / Earth Day 9-12 Briarpatch Park
4/25 Board Meeting 7pm Country Club
4/28 Elvis with the Aquia Host Lions at the Riverside Dinner Theater for St. Jude’s Children’s Hospital
5/5 Harbour Games! Briarpatch Park
5/12 Craft Fair Harbour Inn
5/13 Happy Mother's Day!
5/16 Board Work Session 7pm Business Office
5/19 It Takes a Community – Mental Health & Substance Abuse Seminar Harbour Inn
5/23 Board Meeting 7pm Country Club
5/26 Pools open for the Memorial Day Weekend!
Soooooo glad Winter is over so we can start having some fun! Somewhere in this April month our new website will be launched. Don’t forget the new special days at the Clubhouse Restaurant 204 Bow Cove. Wednesdays – kids eat free from 11a-3p with a paying adult. Cartoons and crayons included. Thursdays – revisit the classic soup and sandwich with an old friend. Or, make some new friends over lunchtime drinks and conversation. Fridays – telework curbside pickup. From our front door to your car window. Like drive-through but better. All served to you by the Mayor Maryanne. Thanks George! https://clubhouseataquiaharbour.com/clubhouse-restaurant/
Patricia S. Harman, AHGM
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.