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Falls Run Community Association Inc.

Administrative Resolution No. 16-03
Charter and Mission of the FRCA Covenants Committee

(Amended 2016)

Mission of the FRCA Covenants Committee:

a. To conduct hearings regarding the enforcement of the Governing Documents of the Falls Run Community Association. A hearing panel is composed of at least four members of the Covenants Committee.

b. At the request of the Board of Directors, to provide a review of other matters

in order to ensure compliance with the Governing Documents.

RECITALS

1.   Section 3.16 of the Amended and Restated Bylaws for the Falls Run Community Association, Inc. ("Amended Bylaws") provides that the Board of Directors ("Board") shall have all of the powers and duties necessary and appropriate for the administration of the Association's affairs and for performing all responsibilities and exercising all rights of the Association as set forth in the Declaration, the Bylaws, the Articles, and as provided by law;

2.   Section 3.16 of the Amended Bylaws further provides that the Board may do or cause to be done all acts and things as are not by the Declaration, Articles, these Bylaws, or Virginia law directed to be done and exercised exclusively by the Voting Members or the membership generally;

3.   Section 3.16(H) of the Amended Bylaws provides that the Board has the duty of making and amending rules and regulations, including use restrictions, and establishing penalties for infractions thereof;

4.   Section 3.16(K) of the Amended Bylaws provides that the Board has the duty of enforcing by legal means the provisions of the Declaration, the Bylaws, and rules adopted by the Board and bringing any proceedings which may be instituted on behalf of oragainst the Owners concerning the Association;

5.   Section 4.3(b)(i) of the Amended Declaration of Covenants, Conditions, and Restrictions for Falls Run ("Amended Declaration") provides that the Board or the Covenants Committee has authority to impose a graduated range of reasonable monetary fines for violations of the Governing Documents;

6.   Section 55-513D of the Virginia Property Owners’ Association Act ("Act") provides that the amount of any charges so assessed shall not exceed $50 for a single offense or $10 per day for any offense of a continuing nature and the total charges for any offense of a continuing nature shall not be assessed for a period exceeding ninety days;

7.   Section 4.3(b)(ii) of the Amended Declaration provides that the Board or the Covenants Committee has authority to suspend an Owner's right to vote for violation of the Governing Documents;

8.   Section 4.3(b)(iii) of the Amended Declaration provides that the Board or the Covenants Committee has authority to suspend any Person's right to use any recreational facilities within the Common Area provided, however, that the Board may not limit ingress or egress to or from a Dwelling Unit;

9.   Section 4.3(b)(v) of the Amended Declaration provides that the Board or the Covenants Committee has authority to levy assessments to cover costs incurred in bringing a Dwelling Unit into compliance with the Declaration;

10. Section 5.2 of the Amended Bylaws provides that the Board shall appoint a Covenants Committee consisting of at least three and no more than seven members;

11. Section 5.2 of the Amended Bylaws further provides that, acting in accordance with the provisions of the Declaration, these Bylaws, and Resolutions the Board may adopt, the Covenants Committee shall be the hearing tribunal of the Association;

12. Section 55-510.1 A of the Act provides that all meetings of the Board, including any subcommittee thereof, shall be open to all members of record;

13. Section 55-510.1 A of the Act further provides that the Board shall not use work sessions or other informal gatherings of the Board to circumvent open meeting requirements; and

14. the Board deems it desirable and in the best interest of the Association to establish a Covenants Committee and establish guidelines for the operation of the committee.

NOW, THEREFORE, BE IT RESOLVED THAT the Board adopts the following procedures for the creation and operation of the Covenants Committee:

I.   PURPOSE: The Covenants Committee shall function as the hearing tribunal for the Association considering allegations of infractions. The Committee may also be asked to review other matters.

II.  DUTIES. POWERS AND AUTHORITY: The duties, powers and authority of the Covenants Committee are limited to those enumerated below:

a.    The Covenants Committee presides over due process hearings to considerviolations of Association Governing Documents and Rules and Regulations.

b.    The Covenants Committee shall also have the authority to:

i.      Suspend an Owner's right to vote;

ii.     Suspend any Person's right to use recreational facilities within the Common Area;

iii.    Assess a monetary charge for violations of the Governing Documents and Rules and Regulations as provided in adopted Due Process Procedures; and

iv.   Provide, as required from time to time, interpretations of theGoverning Documents, Rules and Regulations and Resolutions pursuant to the intents, provisions and qualifications thereof when requested to do so by the Board; and

c.     The Covenants Committee shall have such additional duties, power and authority as the Board may from time to time provide by Resolution.

III.    MEMBERSHIP:

a.    The Covenants Committee shall consist of seven members.

b.    Members of the Covenants Committee must be Owners in Falls Run.

c.     Only Owners in good standing may become a member of the Covenants Committee. For the purpose of this Charter, an Owner is in good standing if the Owner is current in paying assessments and the Owner's Dwelling Unit is in compliance with the Governing Documents and Rules and

Regulations adopted by the Board.

IV.    APPOINTMENT OF COMMITTEE MEMBERS:

a.    The Board shall approve committee members and appoint a Covenants Committee Chair. The Chair shall serve over all Covenants Committee meetings.

V.     FUNCTIONS OF THE COVENANTS COMMITTEE CHAIR:

a.    Functions of the Covenants Committee Chair include the following:

i.     Coordinating and supervising the Covenants Committee activities and meetings to ensure that Covenants Committee responsibilities are met.

b.    Reporting and Channels of Communication:

i. The Chair shall select one Covenants Committee member to                         record minutes of all Covenants

Committee meetings and to maintain written documentation of Covenants Committee decisions and activities. Copies of minutes shall be provided to the Management Agent, the Board, and to ensure that approved Committee meetings are published on the website.

VI.    MEETINGS:

Regular meetings of the Covenants Committee shall be held at dates and times determined by the Covenants Committee Chair. Special meetings may be called for appeals according to the Due Process procedure. All meetings shall be held in accordance with provisions of the Act.

VII.       INDEMNIFICATION AND INSURANCE:

A Covenants Committee members shall be indemnified as provided in Section 6.1 of the Amended Declaration and covered, to the extent possible, by the Association Directors and Officers Liability Insurance policy.

VIII.     STANDARDS OF CONDUCT:

The following standards of conduct apply to Covenants Committee members:

a. The duty to act in accordance with good faith judgment and in the best interest of the Association.

b.    The duty to comply with the requirements of the Governing Documents.

c.     The duty to avoid conflicts of interest.

d.    The duty to maintain the confidences and confidential information of the Association in accordance with this and other policies adopted by the Board and consistent with requirements of applicable law.

e.    Unless the Covenants Committee member has knowledge or information concerning the matter that makes reliance unwarranted. A Covenants Committee member may rely on information, opinions, reports, statements, if prepared or presented by:

i.      An officer or employee of the Association whom the

Covenants Committee member believes, in good faith, to be reliable and competent on matters presented; or

ii.     Legal counsel, public accountants, or other persons as

to matters the Covenants Committee member believes, in good faith, are within the person’s professional or expert competence.

iii.    The duty to comply with the requirements of the Act and

relevant provisions of the Bylaws with respect to Covenants Committee meetings.

IX.     CONFIDENTIALITY:

a.    Each member of the Covenants Committee has a duty to maintain all information presented, obtained and discussed in executive session in confidence.

b.    Matters discussed in executive session shall not be discussed outside of the meeting by members of the Board, or the Covenants Committee, or Management.

c.     Any and all information, documentation, records and devices that contain confidential information shall be held in strict confidence and upon the expiration of the term of each member of the Committee, that member shall return to the Association all confidential information in the possession of the member.
 

 

 

For Members Click HERE to Log into Committee Rosters

Covenants Committee meetings are the 1st Thursday of each month at 1:00 PM. The 2018 meeting dates are:

 

January 4

February 1

March 1

April 5

May 3

June 7

July 5

August 2

September 6

October 4

November 1

December 6