
Res1.htm
FAIR OAKS ESTATES HOMEOWNERS ASSOCIATION
Resolution of the Board of Directors
Remedy for Default in Payment of Annual Assessments
WHEREAS, Chapter 26 of Title 55 of the Code of Virginia sets forth the
Property Owners' Association Act which governs the operation of homeowners'
associations; and
WHEREAS, section 55-513 of Chapter 26 specifies a board of directors shall
have the power to establish, adopt and enforce rules and regulations with
respect to areas of responsibility assigned to the association by the Declaration
of Covenants; and
WHEREAS, Section 55-513 of Chapter 26 further provides that rules and regulations
established by the board of directors may be adopted by resolution; and
WHEREAS, Article V, Section 7 of the Declaration of Covenants, Conditions
and Restrictions ("Declaration") provides that the Board of Directors shall
fix the amount of the annual assessment at least thirty (30) days in advance
of each annual assessment period and establish the due dates for the payment
of said assessment; and
WHEREAS, Article V, Section 8 of the Declaration provides remedies of the
Association in the event of default in the payment of any assessment; and
WHEREAS, Article V, Section 8(a) of the Declaration further provides that
the Association may establish by rule a penalty to be imposed in the event
of default by a homeowner to pay any assessment within thirty days (30)
after the due date; and
WHEREAS, the Board of Directors believes that it is in the best interest
of the Association to establish a rule setting forth a late fee which may
be imposed, in its discretion. upon a member in the event any assessment
is not paid within thirty (30) days after the due date in order that the
Association will be able to maintain its fiscal operations and integrity
in the operation of its day-to-day business.
NOW, THEREFORE, BE IT RESOLVED THAT:
A late fee of twenty-five (25%) of an annual assessment may be imposed,
in the discretion of the Board of Directors, against any member who has
not paid an assessment within the thirty (30) days after the due date established
by the Board, provided that the member received written notice of the amount
of the annual assessment and its due date at least thirty (30) days in
advance of the annual assessment period. Any such late fee imposed shall
be added to the outstanding assessment and may be secured by a lien or
collected in any other fashion as permitted by the Declaration, Bylaws,
rules of the association or other applicable legal principles or statutes.
Resolution approved and adopted by the Board of Directors of the Fair Oaks
Estates Homeowners Association this 7th day of August 2002.
FAIR OAKS ESTATES HOMEOWNERS ASSOCIATION
/S/ Kathy Briggs, President and Director
/S/ Kevin Keating, Vice-President and Director
/S/ Mark MacDonald, Director
The Secretary, Patricia A. McGarry, hereby attests that this resolution
of the Board of Directors was mailed, first-class postage prepaid, to the
addressees of record of the lot owners of Fair Oaks Estates Homeowners
Association this 26th day of August 2002.
/S/ Patricia A. McGarry, Secretary
8/26/02
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