Aquia Harbour Resolutions

Supersedes Resolution 18-07

WHEREAS, the Aquia Harbour Property Owners Association, Inc. (the “Association”) is an incorporated, non-stock corporation organized and operating in accordance with the Virginia Nonstock Corporation Act (“Nonstock Act”), the Articles of Incorporation of Aquia Harbour Property Owners Association, Inc. (the “Articles of Incorporation”), the Subdivided Land Sales Act of 1978, Va Code §55-344 (the “Subdivided Act”), the Aquia Harbour Property Owners Association, Inc. Restrictions and Covenants (the “Restrictions and Covenants”); the Declaration of Restrictions of Aquia Harbour Property Owners Association, Inc.(“Declaration”) and pursuant to the Bylaws of Aquia Harbour Property Owners Association, Inc.;

WHEREAS, Section 13.1-853 of the Nonstock Act provides that the Association’s Board of Directors (the “Board”) shall have all the powers necessary to conduct the business and affairs of the Association;

WHEREAS, Article B(1) of the Articles of Incorporation state that the purpose of the Association is in part to “…provide rules and requirements for such membership and to provide rules and regulations for the maintenance, upkeep and enhancement of each owner’s property”;

WHEREAS, Article VI, Section 1 of the Bylaws authorizes the Board of Directors to manage the affairs of the Association as authorized by the Nonstock Act or Subdivided Act including operating, maintaining and improving the Amenities, Common Area and security force of the Association;

WHEREAS, Article XVI, Section 1 of the Bylaws states that every person who owns or is purchasing a lot or lots within the Subdivision [Aquia Harbour], or who occupies, under a lease agreement, a lot or lots within the Subdivision, is, by virtue of such ownership, purchase or occupancy, a Member of the Association;

WHEREAS, Article 7 of the Restrictions and Covenants and Article XX, of the Bylaws specifies the charges that are to be paid by the beneficial or record owner of each Lot in the Association;

WHEREAS, Article XX, Section 7 of the Bylaws provides the Associations remedies for the nonpayment of assessments, including placing of a lien of record against the Lot and to collect the costs incurred by the Association in the enforcement of the lien; and

WHEREAS, the Board has determined that there is a need to establish policies and procedures for the collection of assessments;

NOW, THEREFORE, BE IT RESOLVED THAT the Board hereby adopts the following assessment collection policies and procedures as part of the Association’s Book of Regulations:

I. Routine Collections

A. Due Dates. Each fiscal year’s annual assessment shall be due and payable, in monthly installments, on or before the first (1st) day of each month. Unless otherwise determined by the Board, all special assessments shall be due and payable at least Forty-five (45) Calendar Days after the Lot Owner is mailed notice of the special assessment.

B. Owners’ Mailing Addresses. All documents, correspondence and notices from the Association relating to assessments or charges shall be mailed, emailed or delivered to the Lot Owner’s address of record that appears on the books of the Association, which is the Lot address unless the Association is otherwise notified in writing by the Lot Owner to change his/her address of record to a different mailing address. Lot Owners have the responsibility of promptly informing the Association, in writing, of changes to their address or email address of record.

C. Invoices and Other Notices. Non‑receipt of an invoice, payment coupon or other notice shall in no way relieve the Lot Owner of the obligation to pay the amount due by the due date. If a Lot Owner does not receive a notice within the expected or required time period, it is that Owner’s responsibility to contact the Business Office immediately to obtain a copy of the notice and to confirm the Owner’s correct mailing or email address.

II. Remedies For Nonpayment Of Assessment

A. Late Fees/Interest. If payment of the assessment (or assessment installment) is not received by the Association within ten (10) days after the applicable due date (e.g., by January 10th for the January 1st monthly installment), then a late fee of the greater of Twenty Five Dollars ($25.00) shall automatically be added to the amount due and shall be a part of the lien for unpaid assessments against the Owner’s Lot and shall be the Lot Owner’s personal obligation to pay. Interest at the rate of 12% shall be charged on all outstanding debt in addition to the late fee.

B. Returned Checks. If a check (or electronic debit, if applicable) is returned or rejected, the Lot Owner’s account shall be assessed a returned check/debit processing charge of not more than Fifty Dollars ($50.00), plus the bad check/debit return fee, if any, charged to the Association by the bank. If the Association receives from any Owner, in any fiscal year, two or more returned checks or rejected electronic debits, the Association may require all future payments for the remainder of that fiscal year to be made by certified check, cashier’s check, or money order.

C. Late Notice. A “Late Notice” or other delinquency notice may be sent by the Association to Lot Owners who have not paid assessments or charges in full within 10 days after the applicable due date. Non-receipt of such notice does not relieve the Lot Owner of his or her obligation to pay the assessment or the resulting late fees, costs, attorneys’ fees or other applicable charges. Additional late notices or reminder notices may be sent to a delinquent Lot Owner, at the Board’s discretion, prior to referral of an account to legal counsel. However, once an account is referred to legal counsel for collection, no further late notices or other delinquency notices will be sent by the Association until the account is closed with legal counsel’s office.

D. Collection Costs/Attorneys Fees. All costs of collection, including attorneys fees, incurred by the Association as a result of the failure of a Lot Owner to timely pay assessments or other charges shall be assessed against that Lot Owner as they are incurred or as collection action is taken, without the need for a case-by-case vote by the Board. These expenses may include, for example, the cost of filing a lien and/or civil suit and other court costs, and any other collection-related costs. These collection costs shall be added to the Lot Owner’s assessment account and become part of the lien against the Owner’s Lot and the personal obligation of the Lot Owner.

E. Acceleration. If a Lot Owner fails to pay a delinquent assessment installment within 15 days after written notice is sent to the Lot Owner, then the remaining balance of the applicable annual or special assessment is automatically accelerated for the entire fiscal year, making that entire remaining balance immediately due and payable in full without the need for specific case-by-case vote from the Board, the Association’s legal counsel is thereafter authorized to demand and collect the accelerated amounts. The 15-day notice referenced above shall be sent by the Association and/or the Association’s legal counsel (by first-class and certified mail, return-receipt requested) to the Lot Owner’s address of record (if different than the Lot address) and to the Lot address (if the Owner is known to reside or receive mail there).

F. Referral of Account for Collection. If a Lot Owner’s account remains delinquent for more than 8 months, then the Association is authorized to forward the Lot Owner’s delinquent account to the Association’s legal counsel for collection, subject to any Board guidance regarding the minimum account balance to forward.

G. Lien. As provided under the Bylaws, when an annual or special assessment or other charge is levied (or assessed) against a Lot, that assessment or other charge is deemed to be lien against the Owner’s Lot, and the Association may at any time thereafter record a Memorandum of Lien in the county’s land records, with or without further warning or notice to the Lot Owner. In order to meet any statutory deadlines, the Association’s legal counsel may proceed directly with filing a Memorandum of Lien against the Owner’s Lot prior to sending a demand letter to the delinquent Lot Owner. Accelerated installments, late fees, attorney’s fees, other charges (as applicable), and the costs associated with filing and releasing the Memorandum of Lien shall be included as part of the lien and added to the Lot Owner’s assessment account.

H. Further Legal Action. If an account remains delinquent after the initiation of legal action (for example, after filing of a lien or civil suit), the Association’s legal counsel is authorized to take other appropriate legal action to collect the amounts due, except as provided in Paragraph I below or unless directed otherwise by the Board. Once a judgment is entered against a Lot Owner, further legal actions may include, without limitation, garnishment of wages, rent and/or bank accounts, and the attachment of vehicles or other assets.

I. Waivers. The Board may, in its sole discretion, grant a waiver of any provision herein (except filing of Memoranda of Lien beyond the statutory deadline) upon written request by a Lot Owner alleging a significant personal hardship or as otherwise determined to be in the best interests of the Association. Any such relief granted to a Lot Owner shall be appropriately documented in the Association’s files with the conditions of the relief, if any. The Board may designate the Association’s General Manager, the President or other officer or the Association’s legal counsel as having the authority to grant waivers or payment plans on behalf of the Association between Board meetings, subject to any Board-established guidelines. If a payment plan request is granted for delinquent amounts, a condition of the payment plan may require, among other things, that the delinquent amounts be secured by a recorded Memorandum of Lien and/or by a Promissory Note and, if applicable, that current dues, as they become due, are paid via the AHPOA administered automatic debit (ACH) system.

J. Waiver. The Association is authorized to waive the imposition of late fees if the delinquent Lot Owner had owned the Lot for three or fewer months at the time of the delinquency and, in the judgment of the Association, the delinquency was the result of a misunderstanding of the correct procedures for paying the assessment. This type of waiver may be granted only once to any Lot Owner.

K. Application of payments. Payments received from a Lot Owner shall be credited in the following order:

1. Collection costs for delinquent accounts, including, for example, certified mailing costs, lien filing/releasing costs, returned check charges, court costs and attorney’s fees;

2. Late fees;

3. Interest;

3. Other assessments against the Lot Owner’s account (e.g., annual assessments), applied to the oldest outstanding amount first.

The remedies stated herein shall not constitute an election of remedies and all remedies shall be deemed cumulative.

Adopted by the Aquia Harbour Board of Directors at a regular meeting on April 24, 2019.

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

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
(Creation of Procedures to Ensure Due Process in Enforcement Cases)

WHEREAS, pursuant to its authorities in Articles VII and XV of the Bylaws, the Board of Directors, and/or its Legal Compliance Committee (LCC) and Architectural Control Committee (ACC) who shall act on behalf of the Board (collectively, the “Board”), is obligated to enforce the rules and regulations adopted by the Board of Directors as well as the Covenants set forth in the Bylaws, architectural guidelines and Resolutions of the Association (“regulations”); and

WHEREAS, Articles VII and XV of the Association’s Bylaws authorizes the Board of Directors to manage the affairs of the Association, including those functions necessary to operate, maintain and improve the Association, including adopting any Rules and Regulations deemed necessary for the administration of the affairs of the Association; and

WHEREAS, the Board of Directors has determined that it is in the best interest of the Association and its members for the Board to clarify and refine its enforcement procedures and the rights of the members to due process in connection with those procedures;

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors adopts the following policy:

1. General Compliance Efforts: The Board of Directors will attempt to resolve issues regarding compliance with the Association regulations through a mix of formal and informal means. Phone calls, personal contacts and other efforts may be used to try and resolve compliance issues as quickly and neighborly as possible.

2. Request for Compliance Notice: If general efforts are unsuccessful or if the circumstances warrant immediate formal enforcement action, the Board shall send a first Request for Compliance in writing and deliver it personally or via certified mail, to the member at his/her address listed in the Association’s records (and to the property address, if the member’s listed address is different from the property address).

– The Request for Compliance shall advise the member of the nature of the non-compliance and, if a continuing violation, specify a remedy and the number of days within which the member must complete corrective action.
– If the violation is not “continuing”, the notice will inform the member that future violations may result in the possible imposition of charges or other action.

3. Hearing Notice: If the member does not remedy the offense within the number of days requested in the Request for Compliance or repeats a “non-continuing” violation, the Board of Directors reserves the power to issue a violation/hearing notice (2nd Notice), which shall follow the basic form of the Request for Compliance and may include any additional information deemed important by the Board of Directors concerning the offense. The 2nd Notice shall also generally warn the member of the following:

– the possible imposition of monetary charges as sanctions for violations of the Association’s regulations; the revocation of active membership status, which, among other things, suspends the member’s rights and privileges with regard to vehicle decals, the common areas and amenities of the Association, and voting privileges; such status not to be activated until all violations are remedied, any charges are paid and the proper reinstatement fee is paid by the member;
– that the member has a right to request a hearing before the Board of Directors to contest the citation and a date by which the member must submit a written request for a hearing before the Board of Directors.
– The Board shall deliver the 2nd Notice in the same manner as the Request for Compliance.

4. Non-Response to Hearing Notice: If the member does not remedy the violation
within the number of days requested in the 2nd Notice, and the member has not requested a hearing in writing by or before the date set in the 2nd Notice, the member shall be deemed to have waived the right to a hearing and the Board shall have the power to impose monetary charges, revoke the member’s active membership status, or otherwise suspend the member’s privileges as a sanction for the violation, as well as any other remedy available under the law. The Board of Directors shall not be required to conduct a hearing unless the member formally requests a hearing in writing by or before the date set forth in the second notice of citation.

5. Hearing: When a member requests a hearing in writing by or before the date set in the 2nd Notice, the Board of Directors shall set the time, date and place of the hearing at its discretion, and then it shall deliver written notice of the time, date and place of the hearing to the member by hand or mailed by registered or certified mail, return receipt requested, at least fourteen (14) days in advance of the hearing date. At the hearing, the Board of Directors shall provide the member with a reasonable amount of time to present any and all defenses to the citation. The member may have counsel present at the hearing and the Board reserves the right to also have counsel present.

– Following the hearing, the Board of Directors shall meet in executive session to determine whether it received satisfactory proof of the alleged violation(s) and the appropriate remedy or sanction.
– When the Board’s judgment is unfavorable to the member, the Board may impose monetary charges as an assessment against the owner’s lot, revoke the member’s active membership status and/or otherwise suspend the member’s privileges. The Board may levy monetary charges for a single offense in amounts up to $50 and for continuing offenses in amounts up to $10 a day for up to ninety (90) days.

6. Notice of Results of Hearing/Decision: Notice of the Board of Directors decision regarding the imposition of monetary assessments, revocation of active membership status, or suspension of a member’s privileges must be delivered to the owner by hand or by registered or certified mail, return-receipt requested within seven (7) days of Board’s vote on the matter, as required by the Virginia Code.

7. Appeal: In the event the Board has authorized the LCC or ACC to schedule and conduct the hearing described above, an aggrieved member may, within 10 days of the date of the Committee’s action, make a written appeal of such action to the Board and the Board may, in its discretion, consider reversing, modifying or affirming, in whole or part, the action of the Committee.

8. Members Responsibility: Members are legally responsible for ensuring that the members of their household, and their tenants, guests, or invitees comply with the Association’s Covenants and Regulations.

9. Procedures Not Exclusive: The procedures outlined in this Resolution may be applied to all violations of the Association’s regulations. Upon good cause, however, the Board of Directors reserves the right to pursue, on an expedited basis, enforcement procedures and remedies authorized by the Association regulations, including, but not limited to, the initiation of suit or self-help remedies. The Board of Directors reserves the power to assign all of its powers and responsibilities herein to a standing or special committee of its choice or to its manager or managing agent.

The effective date of this Resolution shall be December 4, 2003.

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
POLICY RESOLUTION NO. 08-04
(Concerning Marina, Pool and Golf Course Membership Classes)

WHEREAS, the By-Laws provides the Board with the powers and duties to manage the affairs of the Association, including the power to adopt Resolutions which establish classes of membership within the Association; and

WHEREAS, the Association issues pool and golf course memberships to and enters into lease agreements for the Association’s boat slips with certain applicant individuals who are resident lot owners, non-resident lot owners, tenants and resident family members of lot owners (collectively referred to as applicants); and

WHEREAS, the Board has determined that it is in the best interest of the Association to clarify the classes of applicants and their respective rights and obligations pursuant to their pool and golf course memberships, as well as their boat slip lease agreements; and

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors hereby adopts the following:

I. POOL AND GOLF COURSE MEMBERSHIPS
a. Only the following individuals are eligible to apply and obtain a membership to use the Association’s Golf Course or Pool:
i. Resident Members
ii. Non-Resident Members
iii. Associate Members
b. Resident Members shall be defined to include all individuals who:
i. Reside on a lot within Aquia Harbour, as their primary place of residency, at the time they apply for membership, and such fulfillment of the residency requirement to be established by the production of either a valid drivers license or voter registration card to the Board of Directors, Management and/or the Board’s appointed Committees; and
ii. Are lot owners; or
iii. Are tenants of lot owners, who have properly registered and filed a copy of their executed lease agreement with the Association’s Management and have or have caused to have all applicable initiation fees paid in full to the Association; or
iv. Immediate Family members of lot owners; and
v. Have no current violations of the Association’s governing documents existing on their lot of residency; and

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vi. Have no delinquent charges (assessments or other) remaining due on their lot’s account.
c. Non-Resident Members shall be defined to include all individuals who:
i. Do not reside within Aquia Harbour, as their primary place of
residency, at the time they apply for membership, and such fulfillment of the residency requirement to be established by the production of either a valid drivers license, voter registration card, or military identification card to the Board of Directors, Management and/or the Board’s appointed Committees; and
ii. Are lot owners; and
iii. Have no current violations of the Association’s governing documents existing on their lot of residency; and
iv. Have no delinquent charges (assessments or other) remaining due on their lot’s account.
d. Associate Members shall be defined to include any individual who:
i. Does not qualify for Resident Member or Non-Resident Member status.
e.
– The Association reserves the right to charge a different membership fee for each class of membership. Such membership charge shall be established within the sole discretion of the Board of Directors.

II. BOAT SLIP LESSEES
a. Only the following individuals are eligible to apply for and enter into a lease agreement with the Association for the rental use of a boat slip:
i. Resident Members
ii. Non-Resident Members
iii. Associate Members
b. Resident Members shall be defined to include all individuals who:
i. Reside on a lot within Aquia Harbour, as their primary place of residency, at the time they apply for membership, and such fulfillment of the residency requirement to be established by the production of either a valid drivers license or voter registration card to the Board of Directors, Management and/or the Board’s appointed Committees; and
ii. Are lot owners; or
iii. Are tenants of lot owners, who have properly registered and filed a copy of their executed lease agreement with the Association’s Management and have or have caused to have all applicable initiation fees paid in full to the Association; or
iv. Immediate Family members of lot owners; and

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v. Have no current violations of the Association’s governing documents existing on their lot of residency; and
vi. Have no delinquent charges (assessments or other) remaining due on their lot’s account.
c. Non-Resident Members shall be defined to include all individuals who:
i. Do not reside within Aquia Harbour, as their primary place of residency, at the time they apply for membership, and such fulfillment of the residency requirement to be established by the production of either a valid drivers license, voter registration card, or military identification card to the Board of Directors, Management and/or the Board’s appointed Committees; and
ii. Are lot owners; and
iii. Have no current violations of the Association’s governing documents existing on their lot of residency; and
iv. Have no delinquent charges (assessments or other) remaining due on their lot’s account.
d. Associate Members shall be defined to include any individual who:
i. Does not qualify for Resident Member or Non-Resident Member status.
e.
Fees and Lease Terms
– The Association reserves the right to set different rental fees and lease terms for each class of membership. Such fees and terms shall be established within the sole discretion of the Board of Directors.
f.
Wait List Priority for Lease of Boat Slip – The Association’s Harbour Master shall maintain wait lists for the following:
i. Any Resident Members applicants who properly filed complete applications with the Association requesting reassignment to another boat slip;
ii. Any Resident Members who properly filed complete applications with the Association to lease a boat slip and who had no boat slip at the time of filing;
iii. Any Resident Members who properly filed complete applications with the Association to lease an additional boat slip;
iv. Any Non-Resident Members who properly filed complete applications to lease a boat slip; and
v. Any Associate Members who properly filed complete applications to lease a boat slip. The Harbour Master shall lease the available boat slips using the above described wait lists and considering the suitable slip availability.
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These waiting lists are hierarchical. The i) list takes precedence over the ii), iii), iv), and v) lists, the ii) list takes precedence over the iii), iv) and v) lists, etc. No person on a lower-ranking wait list may be assigned a boat slip, unless
all senior wait lists have been exhausted. When a slip becomes available, the Association will contact the appropriate applicant via telephone or electronic mail, as requested by and using the number or electronic address provided by, the applicant on his or her application. In the event the applicant fails within twenty four hours of the Association’s notice of availability, to contact the Association via written, in person, telephone, or electronic means, indicating a desire and willingness to execute a boat slip lease agreement and accepting the offer to lease the boat slip, the next appropriate wait listed applicant will be offered the slip and so on until the list has been exhausted. An applicant who has accepted an offer to lease a boat slip shall have 5 business days, from the date of acceptance, to fully execute and submit a boat slip lease agreement and pay any and all necessary fees. In the event the applicant fails to meet these requirements, the next appropriate wait listed applicant will be offered the slip and so on until the list has been exhausted. If the member’s boat will fit into the slip and there are no special requirements, which justify the rejection of the slip, then the boat owner must accept or be removed from the wait list. If a member fails to respond to the Association’s offer to lease a boat slip, he or she will be removed from the wait list. If a member can demonstrate that he did not receive actual notice that the slip had been offered to said member in time to respond, said member shall not be placed on the bottom of the list, such placement to be determined in the sole discretion of the Association’s Management and/or Board of Directors.

This Resolution supersedes any conflicting provisions of the Association’s governing documents, including any Rules and Regulations currently in existence.

This Resolution will apply to any and all pool or golf course membership agreements, and boat slip leases executed on or after the effective date of this Resolution which shall be December 11, 2008.

This Resolution shall not apply retroactively to any pool or golf course membership agreements, and boat slip leases in existence prior to the effective date of this Resolution.

The classes of membership created by this Resolution are applicable exclusively to the purpose of governing the eligibility criteria, selection process and terms of permissible use, related to individuals who wish to obtain membership in the Association’s pool or golf course or to execute a boat slip lease agreement.

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No other rights, privileges or obligations, other than those specifically referenced herein, are created by this Resolution and applicable to the classes of membership created herein, including, but not limited to, any voting rights.

APPROVED BY AHPOA BOARD OF DIRECTORS FEBRUARY 22, 2007
INITIATION FEES

By a unanimous vote, the board approved a motion to accept the following:

When a current member in good standing of the association purchases an additional Lot in Aquia Harbour for the purposes of relocating to and occupying the new Lot as their primary residence, the initiation fee is waived for the newly purchased lot. The Lot or Lots no longer occupied by this member of the association will be treated each following Aquia Harbour fiscal year as a rental property for the purposes of collecting initiation fees. When a Lot is purchased by an individual for the purpose of primary occupancy within one calendar year of the time that member left the association as a member in good standing, the initiation fee shall be waived. Primary occupancy is defined as the one Lot address that serves as the member’s legal residence in Aquia Harbour. Real Estate Relocation Providers holding a lot between Members shall not pay the membership initiation fee nor will any access to amenities and community services be provided.

This is to be effective April 1, 2007.

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
POLICY RESOLUTION NO. 08-02
Amended

(Concerning Initiation Fees)

WHEREAS, Article VI, Section 1 of the By-Laws provides the Aquia Harbour Property Owners Association, Inc. (Association) Board of Directors (Board) with the powers and duties to manage the affairs of the Association; and

WHEREAS, Article XX, Section 2(a) of the By-Laws empowers the Association to charge each of its members an Initiation Fee in an amount determined by the Board of Directors; and

WHEREAS, Article XX, Section 4 of the By-Laws provides the Association with the authority to charge an Initiation Fee to a Lot Owner’s dues account whenever said Lot Owner leases his or her Lot within the Harbour to a third party, provided that no more than one Initiation Fee may be charged to said Lot Owner per any one calendar year; and

WHEREAS, the Board has determined that it is in the best interest of the Association to clarify its processes and procedures regarding the imposition of its Initiation Fees to Lot Owners’ dues accounts which result from the leasing of Lots.

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors hereby adopts the following:

I. IMPOSITION OF TENANT INITIATION FEE

Whenever the Association, Appointed Committee, or Board of Directors, has determined in its sole discretion, that a Lot Owner is leasing his or her Lot, or a portion thereof, to a third party and said Lot Owner is not residing at the Lot, the Initiation Fee in effect at that time and set by the Board of Directors, shall be levied against said Lot Owner and his or her Lot, provided that no other Initiation Fee has been levied against said Lot Owner and his or her Lot during the preceding twelve (12) months. The Initiation Fee imposed under these circumstances shall be referred to as a “Tenant Initiation Fee”.

If the Association has already charged an Initiation Fee, Tenant or otherwise, to the Lot Owner’s dues account within the preceding twelve (12) months, the Association reserves the right to levy the Tenant Initiation fee to the Lot Owners account on the first day of the month following expiration of the twelve month period since the last tenant initiation fee was charged to the lot owner. Imposition of the initiation fee in these situations must be approved by the Board in advance.
The Association shall inform the Lot Owner of the imposition of the Tenant Initiation Fee in writing, via first class mail, at their address maintained within the Association’s records and request payment thereof, within thirty (30) days of the date of the notice. The Tenant Initiation Fee shall be collected as all other Initiation Fees, charges or dues, in accordance with the Association’s By-Laws.

No Lot Owner or Tenant of a Lot Owner within the Harbour may use or enjoy the amenities or services provided by the Association, if the Tenant Initiation Fee, and all other dues and/or charges on the Lot Owner’s dues account, are delinquent.

II. CONTESTING THE TENANT INITIATION FEE

A Lot Owner may submit a written claim and present evidence to the Association that he or she is not leasing his or her Lot, or a portion thereof. However, the Associations hall determine in its sole discretion, whether the Lot Owner’s Lot or a portion thereof is being or has been leased and whether the imposition of the Tenant Initiation Fee is proper.

The provisions of this Resolution supersede any conflicting provisions of the Association’s governing documents, including any Rules and Regulations currently in existence.
This amended Resolution will apply to any and all Members who lease their Lots or a portion thereof, on or after the effective date of this Resolution which shall be September 25, 2013.
This amended Resolution shall not apply retroactively to any Members who leased their Lots or a portion thereof, prior to the effective date of this Resolution.

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
POLICY RESOLUTION NO. 19-03
(Concerning Initiation Fees)

WHEREAS, Article VI, Section 1 of the By-Laws provides the Aquia Harbour Property Owners Association, Inc. (Association) Board of Directors (Board) with the powers and duties to manage the affairs of the Association; and

WHEREAS, Article XX, Section 2(a) of the By-Laws empowers the Association to charge each of its members an Initiation Fee in an amount determined by the Board of Directors; and

WHEREAS, Article XX, Section 2(a) also provides the Association’s Board of Directors with the authority to waive said Initiation Fee if determined to be in the best interests of the Association; and

WHEREAS, the Board has determined that it is in the best interest of the Association to waive the application of the Association’s Initiation Fee under certain conditions and for specific types of Members; and

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors hereby adopts the following:

I. MORTGAGEE MEMBERS
The Association shall not charge an Initiation Fee to any “Mortgagee Member” of the Association who holds title to a Lot within the Harbour. A “Mortgagee Member” shall be defined as any holder of a recorded Mortgage or the party secured or beneficiary of any recorded deed of trust, encumbering a Lot within the Harbour that is either a Financial Institution, Trust, Mutual Savings Bank, Credit Union, Pension Fund, Mortgage Company, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Department of Veteran Affairs, the Federal Housing Administration, the Governing National Mortgage Association, and any other public or private secondary mortgage market agency participating in purchasing, guaranteeing or insuring Mortgages, that comes into possession and ownership of a Lot within the Harbour by virtue of foreclosure or by deed or assignment in lieu of foreclosure, for so long as no persons are residing in the Mortgagee Member’s Lot. If it shall be determined, in the sole discretion of the Association’s Board of Directors, Appointed Committee’s or Management Agent, that persons are residing within a Mortgagee Member’s Lot, the Association may levy the Initiation Fee currently in effect to the Mortgagee Member’s dues account. Immediately upon the sale of a Lot from a Mortgagee Member to a successor owner, the Association shall impose the Initiation Fee charged to all other Members of the Association, to the new successor owner’ dues account.

II. REAL ESTATE RELOCATION PROVIDER MEMBERS
The Association shall not charge an Initiation Fee to any “Real Estate Relocation Provider Member” of the Association who holds title to a Lot within the Harbour. A “Real Estate Relocation Provider” shall be defined as any corporate entity that comes into possession and ownership of a Lot within the Harbour for the sole purpose of providing relocation services to a client, including, Home-buy outs for a relocating employee of a client. If it shall be determined, in the sole discretion of the Association’s Board of Directors, Appointed Committee’s or Management Agent, that persons are residing within a Real Estate Relocation Provider Member’s Lot and using the Association’s amenities and services or wish to apply for use thereof, the Association may levy the Initiation Fee currently in effect to the Real Estate Relocation Provider Member’s dues account. Immediately upon the sale of a Lot from a Real Estate Relocation Provider Member to a successor owner, the Association shall impose the Initiation Fee charged to all other Members of the Association, to the new successor owner’s dues account.

III.OWNERSHIP THROUGH INHERITANCE

The Association shall not charge an Initiation Fee to a new Association member who inherits a Lot within the Harbour. Written legal evidence of the inheritance must be submitted to the AHPOA and the AHPOA shall have the sole discretion in determining if an Initiation Fee exemption is applicable under this resolution.

Upon the sale of the Lot, any exemption granted under this resolution will cease and it is neither transferrable with the member to another Lot nor is it transferrable to the successive owner of the Lot in question unless that successive owner is them self eligible for relief under this resolution.

Relief of the Initiation Fee through the inheritance of a Lot is not applicable to any existing Association member who has paid or who owes an Initiation Fee on another Lot within the Harbour.

IV. CORPORATE ENTITY MEMBERS INAPPLICABLE FOR EXEMPTION
All other corporate entity or non-natural person Lot Owners within the Harbour who are not Real Estate Relocation Provider or Mortgagee Members, are required to pay the Association’s Initiation Fees, as set forth in the Association’s By-Laws. The provisions of this Resolution supersede any conflicting provisions of the Association’s governing documents, including any Rules and Regulations currently in existence. This Resolution will apply to any and all new Members who take title to a Lot within the Harbour, on or after the effective date of this Resolution which shall be May 22, 2019. This Resolution shall not apply retroactively to any Members who took title to Lot within the Harbour, prior to the effective date of this Resolution. The classes of membership created by this Resolution are applicable exclusively to the purpose of governing the Initiation Fee. No other rights, privileges or obligations, other than those specifically referenced herein, are created by this Resolution and applicable to the classes of membership created herein, including, but not limited to, any voting rights.

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
POLICY RESOLUTION NO. 19-01
Adopted by the Board of Directors on January 23, 2019

Supersedes Resolution No. 11-01​

WHEREAS: The Aquia Harbour Property Owners Association (AHPOA) is responsible under the Articles of Incorporation for the provision of rules and requirements for membership in the Association and for the provision of rules and regulations for the maintenance, upkeep and enhancement of each owner’s property to the end that the same may inure to the benefit of the property of the members of the Association.

AND WHEREAS: The Aquia Legal Compliance Committee (ALCC) has as its sole purpose the enforcement of the Rules and Regulations adopted by the Board of Directors of the AHPOA and, unless vested in another authority, the restrictive Covenants which apply to the subdivision as recorded in the Clerk’s Office of the Circuit Court of Stafford County, Virginia to anyone, whether active or inactive member, a guest thereof, the developer or a contractor.

AND WHEREAS: The ALCC in the completion of its purpose may assess monetary charges of $10 per day to members of the association, the developer, contractors and guests of same for non-compliance with the rules and regulations.

AND WHEREAS: ALCC cases for non-compliance may accrue assessments for up to 90 days for the specified violation.

BE IT HEREBY RESOLVED: Effective upon the date this resolution is adopted by the AHPOA Board of Directors, when the violation still exists at the end of the 90 days assessment period against any individual or property owner, the AHPOA will commence seeking legal remedies to resolve the violation and to collect all monetary sums due or subsequently due the AHPOA. The individual or property owner will be notified in writing such action has begun.

APPROVED BY AHPOA BOARD OF DIRECTORS DECEMBER 14, 2002
COMMON PROPERTY – PARKING LOT RESOLUTION

RESOLVED: That no property owner, guest, or contractor, shall park an automobile, commercial vehicle, boat trailer, boat with trailer, utility trailer, or recreational vehicle on common elements, such as parking lots, owned by the Association without the written consent of the General Manager of the Association. Vehicles as described above that are parked in the Association common elements shall be towed at the owner’s expense. As an exception, automobiles may be left in these parking areas for 72 hours without consent from the General Manager. Horse trailers may continue to be stored in the
parking lot at the Stables.

This resolution shall become effective on April 1, 2003.

Proper notification will be given to all homeowners prior to the effective date.

APPROVED BY BOARD OF DIRECTORS FEBRUARY 26, 1991
COMMON PROPERTY – PARKING PAD RESOLUTION

RESOLVED: That where a property owners has acquired ACC approval for a parking area which lies all or partially upon the fee simple road right of way area owned by the Association, no one shall park upon said parking area except the lot owner, his guests or permittee; and further, no such pad shall be approved or constructed which shall interfere with the use by members of any jogging, walking, or biking path presently in existence or hereafter created by the Association on any of its property or with the members right to walk, jog, or bike upon any Association property.

FURTHER RESOLVED: That any approval granted for such a parking area shall be in the nature of a license which shall expire at the pleasure of the Board of Directors and shall create no vested rights in favor of the member property owner.

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC. ​
POLICY RESOLUTION NO. 12-05 ​
(Policy Required under Virginia Law for the Receipt and Resolution of Complaints)​

WHEREAS, the Virginia Code 55-530(E) and Regulations (Chapter 70, Part One of the Common Interest Community Ombudsman Regulations) require that the Association adopt a policy and procedures for the receipt and resolution of complaints alleging a violation applicable law or regulations; and

WHEREAS, Section 18VAC-48-70-10, et seq, of the Virginia Administrative Code requires that the Association enact the written complaint procedures required by Section 55-530(E) of the Virginia Code by September 28,2012 and outlines the requirements of said complaint procedures; and

NOW, THEREFORE, the Board of Directors adopts the following policy and procedures:

1. Complaint Form. In order to properly submit a complaint, the complaining party must fully complete the Complaint Form attached as Exhibit A.

2. Where Complaints Must be Sent. After completion of the Complaint Form attached as Exhibit A, the Complaint Form must be sent to the Association either via United States Postal Service mail, hand-delivery, or facsimile using the following information:

Aquia Harbour Property Owners Association, Inc. c/o Board of Directors ​
1221 Washington Drive ​
Stafford, VA 22554 ​
Facsimile: (540) 659-0730 ​

3. Required Information. The Association shall review the Complaint Form in order to determine if it is complete and actionable. A complaint must specifically allege a violation of applicable law or regulations by the Association. If the complaint does not express such an allegation, the complaint is not actionable and this policy shall not apply. If the complaint is complete and actionable, the Association will accept it for review and decision. If the complaint is incomplete or not actionable, the Association will not accept the complaint and shall notify the complainant why the complaint was not accepted and what additional documentation or information is necessary, if applicable, to process the complaint. In either case, the Association will provide a written response to the complainant within 7 days by either certified mail or hand-delivery. Acknowledgment of receipt and either acceptance or rejection may be sent via electronic means if the complainant has consented to receive electronic communication from the Association, and, in such event, the Association shall retain a record of delivery of such acknowledgment.

4. Review Period. Assuming the complaint is accepted for review, either upon initial filing or upon receipt of additional information or documentation the Association shall then undertake best efforts to complete its review regarding the complaint within 30 days of receipt. If a complainant fails to timely submit any required and requested documentation or information to the Association, in accordance with the notice described in Section 3 herein, the matter shall be deemed closed.

5. Meeting or Hearing. After conclusion of the review period, the Association shall provide written notice to the complainant of the time, date and location of either a hearing or meeting of the Association’s representatives who will make a final decision regarding the complaint. The written notice shall be sent to the complainant via either hand-delivery or certified mail, return receipt requested no less than 14 days in advance of the meeting or hearing. The written notice may be sent via electronic means if the complainant has consented to receive electronic communication from the Association and, in such event, the Association shall retain a record of delivery of such acknowledgment.

6. Notice of Decision. The Board of Directors shall determine the representatives of the Association who shall conduct the proceedings and make a final decision on the complaint. Notice of that decision (“Notice of Decision”) shall be rendered to the complainant by certified mail or hand delivery within 7 days of the decision. The Notice of Decision shall be dated as of the date of the decision, include specific citations to applicable association governing documents, laws or regulations that led to the final decision, and shall include the Common Interest Community registration number for the Association. If applicable, the Notice of Decision shall also state the name and license number of the common interest community manager involved.

7. Notice of Adverse Decision to Ombudsman. The Notice of Decision shall also advise the complainant of his or her right to file a Notice of Adverse Decision with the Office of the Common Interest Community Ombudsman and provide the data necessary to do so.

8. Record Keeping. The Association shall maintain a record of all complaints for no less than one year from the date of the Association’s final decision, including incomplete and non-actionable complaints.

9. Availability. A copy of these procedures shall be made available upon request, and on the Corporation’s website.

10. Resale Disclosure Packet. A copy of these procedures shall be included in any resale disclosure packet issued after the effective date below.

II. Annual report. The Association shall certify with each annual report filing that the Association complaint procedure has been adopted and is in effect.

The effective date of this Resolution shall be August 22, 2012.

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.

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
NO DOOR TO DOOR SOLICITATION ORDINANCE
AS ADOPTED BY BOARD OF DIRECTORS – JUNE 25, 1985

WHEREAS: The Aquia Harbour Property Owners Association, Inc. is responsible under the ARTICLES OF INCORPORATION for the provision of rules and requirements for membership in the Association and for the provision of rules and regulations for the maintenance, upkeep and enhancement of each owner’s property to the end that the same may inure to the benefit of the property of the members of the Association. AND WHEREAS: The Aquia Harbour Property Owners Association, Inc. Board of Directors passed a Subdivision Ordinance in 1976 under the recommendation of the Executive Committee which prohibited door to door solicitation within the Aquia Harbour Subdivision. AND WHEREAS: The Association has enforced this ordinance from the time of its passage to date. AND WHEREAS: The Association membership has enjoyed the prohibition of door to door solicitation and the freedom from the annoyance of same within the Aquia Harbour Subdivision. Then BE IT RESOLVED: That the Board of Directors by the passage of this resolution affirms this NO DOOR TO DOOR SOLICITATION ORDINANCE OR POLICY FOR THE AQUIA HARBOUR SUBDIVISION. FINALLY RESOLVED: That the Aquia Harbour Police Department shall continue to enforce this ordinance. Org 11/91

RESOLUTION

WHEREAS: The Association is charged with the responsibility for maintenance and upkeep of the roadways and various areas reserved for use by the property owners, and,

WHEREAS: The Association desires to promote the health, safety, and welfare of all lot owners, and,

WHEREAS: The Association has concluded that it is in the best interest of the Association to regulate the use of the common properties and roadways by the various types of motor vehicles which have used or may use these properties,

BE IT RESOLVED THAT:

1. Except upon the roadways of the Association intended for motor vehicular use, no motorcycle, moped, or motor vehicle, except Association owned vehicles, shall be operated in any way upon the common areas of the Association as defined in Article II, Section 3 of the By-laws or upon private property, such operation being deemed to be a nuisance to the neighborhood as referred to in Article 4(a) of the Restrictions and Covenants.

2. No motorcycle, moped, or motor vehicle shall be operated in any way upon the roadways in the Subdivision unless it and its operator are licensed in accordance with Virginia law.

3. The terms “motorcycle”, “moped”, and “motor vehicle” shall be defined in Virginia Code, Section 46.1-1 except that no golf cart taking the most direct route to or from the golf course shall be considered a motorcycle, moped, or motor vehicle.

4. A “pocket bike” also called a “mini-motorcycle” or “pocket rocket” is not permitted upon the common areas of Aquia Harbour. Pocket bikes are small gas-powered bikes that look like miniature replicas of full-sized motorcycles. Pocket bikes typically come equipped with 50cc engines, and can reach speeds up to 40 to 50 miles per hour.

BE IT FURTHER RESOLVED:
The Aquia Harbour Police Department is directed to facilitate the provisions herein to best of their ability within the guidelines set forth by the Code of Virginia.

This resolution effective September 22, 2010.

RESOLUTION
POLICY RESOLUTION NO. 14-04
Adopted by the Board of Directors on August 13, 2014.
WHEREAS: The Association is charged with the responsibility for maintenance and upkeep of the roadways and various areas reserved for use by the property owners, and,

WHEREAS: The Association desires to promote the health, safety, and welfare of all lot owners, and,

WHEREAS: The Association has concluded that it is in the best interest of the Association to regulate the collection of refuse in Aquia Harbour by entering into a contract with a single company.

BE IT RESOLVED: (1) The Board of Directors authorizes the General Manager to enter into a trash removal contract for the entire community, residences and common areas; (2) The Contract will be between AHPOA and contractor; (3) Trash removal service will be provided to all AHPOA residents who are active members except those who have opted out of the trash removal service prior to the date of this Resolution; (4) Any resident who previously opted out then elects to begin receiving trash removal service may not revert back to op‑out status; (5) AHPOA will assess each property owner who has not previously opted out of the Trash Service a monthly fee, to be collected quarterly; (6) Residents who have opted out of the Trash Service must remove and legally dispose of their own refuse outside Aquia Harbour and are not allowed to privately contract with any trash removal service; (7) Undeveloped lots shall not be charged the Trash Service fee until such time they become developed, with no opt-out authorized at that time.

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
POLICY RESOLUTION: 12-04​
(Association’s Internet Website)​

WHEREAS, pursuant to Article VI, Section I of the Aquia Harbour Property Owners Association, Inc.’s (“Association”) Bylaws, the Board of Directors shall manage the affairs of the Association; and

WHEREAS, the Board shall register and maintain the domain names aquiaharbour.org, aquiaharbour.net and aquiaharbour.com to properly provide an internet presence to the association through the cognizant internet domain registry.

WHEREAS, the Board believes it is in the best interest of the Association to establish a policy for the Association’s website:

NOW THEREFORE, BE IT RESOLVED:

1) The Board will use and maintain the website for the purpose of disseminating “overview” information about the Association to the membership, residents, and general public. This information may include, but is not limited to:
a) A copy of the Association’s Restrictions and Covenants, Bylaws, approved meeting minutes and any additional rules, regulations or restrictions deemed appropriate and useful by the Board;
b) Contact information (name, address, and telephone number) for the Association’s representative who handles the official communications for the Association, as well as an e-mail address for unofficial correspondence.
c) Descriptions of the Association’s property, surrounding neighborhoods, and other material deemed appropriate to market the Association to prospective owners, residents, and realtors.
d) Dates of upcoming Board and Association meetings and community events;
e) Any other information deemed relevant and useful to t[color=][/color]he residents and members by the Board.

2) The Board shall have the sole authority to approve or disapprove the information posted on the publicly accessible areas of the Association’s website; however, the Board may delegate this authority to an individual(s), who would then be responsible for maintaining and updating the information on the website in accordance with the Board’s general standards.

3) At its sole option, the Board may implement a members-only area on the Association’s website or an affiliated website. The members-only area would be for the purpose of listing information not available to the general public and deemed by the Board to be necessarily restricted to[color=][/color] the membership. The Association would control and restrict access to the members-only area through a registration process which required members to use registered usernames and passwords.

4) If the Board establishes a bulletin board, or interactive group in the members-only section of the Association’s website, members may post messages on the bulletin board without obtaining prior Board approval for such message, provided that the member acknowledges and accepts the Association’s disclaimer of responsibility for the content of the messages posted by registered members.
a) No participant or user of the Website’s interactive sections, either by bulletin board, or other group page has the right to use the pages and the website, except in conformance with all rules and regulations adopted by the Association’s Board.
b) At no time shall any user express their opinions in any manner which is intended to cause harm, ridicule or demean any other member of the community, person, or website participant, nor shall any profane, obscene or malicious language be used while communicating in or on the Website, its bulletin board, blog or interactive group(s).
c) Misuse of the Website for other than community related purposes, or violations of any of the rules and regulations as adopted by the Association’s Board of Directors shall result first in the removal of all offensive material from the website, without notice or warning to the provider or party posting such material(s), and should a second violation occur, may result in rescission of that party’s access to use the website.
d) Recurrence of a violation after having a posting removed from the website will result in the referral of the violation to the Legal Compliance Committee for appropriate disposition.
e) No advertising allowed on the bulletin board, or interactive group in the members only section of the Association’s website

5) At its sole option, the Board may include links on the Association’s website to other websites for the purpose of providing information pertaining to governmental and community¬- based services that may be of interest to Association residents. The Board shall disclaim any responsibility for the content of any such “linked” website, and the Board shall not endorse, guarantee or warrant any information, product or services described on any website accessed through a link from the Association’s website.

6) At its sole discretion, the Board may choose to allow advertising on the Association’s website to defray the costs of the creation and maintenance of the website. If the Board does choose to allow such advertising, the Board shall include a disclaimer on the website which states that the Association does not endorse, guarantee or warrant any information, product or service advertised on the website. The Board shall retain all responsibility and power for the decision to allow advertising on the website. Such responsibility and power shall not be delegable.

7) The Board shall require that operational procedures be drafted and maintained in a state of currency.