UNIT OWNERS ASSOCIATION OF FAIR LAKES CONDOMINIUM

 

POLICY RESOLUTION #2001-04 Revised

 

DUE PROCESS PROCEDURE

 

            WHEREAS, Article III, Section 2 of the By-Laws of the Unit Owners Association of Fair Lakes Condominium (“By-Laws”) grants the Board of Directors (“Board”) all of the powers and duties necessary for the administration of the affairs of the Condominium and further authorizes the Board to do all such acts and things as are not by the Condominium Act or the condominium instruments required to be exercised and done by the Unit Owners’ Association; and

 

            WHEREAS, Article III, Section 2 of the By-Laws authorizes the Board to adopt and enforce Rules and Regulations deemed necessary for the enjoyment of the Condominium; and

 

            WHEREAS, Section 55-79.80:2(A) of the Virginia Condominium Act (“Act”) grants the Association the power, to the extent provided in the Bylaws or rules and regulations adopted pursuant thereto, to assess charges against owners for violations of the Association’s condominium instruments for which a member or his family members, tenants, guests or other invitees are responsible; and

 

            WHEREAS, Section 55-79.80:2(B) of the Act further provides the Association with the power to suspend an owner’s right to use the recreational facilities for violations of the Association’s condominium instruments and provides that certain procedures must be followed before such charges may be assessed or suspension initiated; and

 

            WHEREAS, for the benefit and protection of the Association, and Unit Owners, the Board deems it necessary and desirable to establish a procedure to assure due process in cases where there is a question of compliance by a Unit Owner with provisions of the Act or the condominium instruments, thereby attempting to minimize the necessity of seeking action in or through a court of law; and

 

            WHEREAS, it is the intent of the Board to establish procedures where action must be taken relative to questions of compliance by an individual with the provisions of the Association’s condominium instruments.

 

            NOW, THEREFORE, BE IT RESOLVED THAT the following Due Process Procedures are adopted.

 

            Section 1.        Notice of Hearing

 

            (a)  Upon referral of a violation of the condominium instruments to the Board, the Board shall serve a Notice of Hearing, on the alleged violating party(ies) at least fourteen (14) days prior to the hearing by either of the following means: (i) personal service; or (ii) registered or certified mail, return receipt requested, and addressed to the parties at the address appearing on the books of the Association.  Service by mailing shall be deemed effective five days after such mailing in a regular depository of the United States mail.  The Notice of Hearing shall also be sent to the Unit Owner’s home address if the Unit Owner lives off-site.  The Notice of Hearing sent to the parties shall be substantially in the form attached as Exhibit 1, but may include other information.

 

            Section 2.        Hearing

 

            (a)  The President shall serve as hearing officer and preside over the hearing, unless otherwise determined by the Board.  The Association’s legal counsel may attend at the request of the Board.

 

            (b)  At the beginning of the hearing, the hearing officer shall explain the rules and procedure by which the hearing is to be conducted.  The Board may determine the manner in which the hearing will be conducted, so long as the rights set forth in this Resolution are protected.  The hearing need not be conducted according to technical rules relating to evidence and witnesses.  Generally, any relevant evidence shall be admitted if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make the admission of such evidence improper.  Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding.

 

            (c)  Neither the Complainant nor the Respondent need be in attendance at the hearing.  At the request of either the Complainant or the Respondent, the Board may agree to conduct the hearing in private session.

 

            Section 3.        Decision

 

            To be effective, a decision of the Board shall be by a majority vote.  The decision shall be written and accompanied by both the majority and minority opinions, if any.  The decision shall be issued and distributed to the parties within ten business days of the conclusion of the hearing.  Copies of the decision shall be distributed to the parties by either hand delivery or by certified mail, return receipt requested. 

 

            Section 4.        Disciplinary Options

 

            If the Board determines after a hearing that a party is in violation of the condominium instruments, the Board may impose disciplinary action.  Disciplinary action may include, but is not limited to, the following:

 

(a)     Assessment of a one-time monetary charge of $50.00 per occurrence or a $10.00 per day monetary charge for a violation that remains uncorrected. 

 

(b)     Issuance of a Cease and Desist Request.

 

(c)  Suspension of the Respondent’s right to use the recreational facilities.  Such suspension shall be for a period of not more than sixty days.  For a continuing infraction (including non-payment of any assessment after the same becomes delinquent), suspension may be imposed for so long as the violation continues.

 

(d) Implementation of the Association’s “Self-Help” Option.  Pursuant to Article X, Section 1(f) of the Bylaws, in the event a Unit Owner fails to maintain the Unit, or fails to cease or correct any act or omission which is in violation of the Act or the condominium instruments, then upon a vote of the Board, representatives of the Association appointed by the Board shall have the right to enter upon the Unit to correct, repair, maintain and restore the Unit.  All costs related to such correction, repair or restoration shall become a lien upon the Unit and the lien shall be enforced in the same manner as an annual assessment levied in accordance with Article X of the Bylaws.

 


THE UNIT OWNERS ASSOCIATION

OF FAIR LAKES CONDOMINIUM

 

RESOLUTIONS ACTION RECORDED

 

 

Resolution No.                                                                                                                                    

 

Pertaining to:                                                                                                                                        

 

Duly adopted at a meeting of the Board of Directors held                                                                               

 

Motion by:                                                          Seconded by:                                                            

 

                                                                        VOTE:

                                                                        YES                 NO ABSTAIN         ABSENT

______________________________            ______ ______    ___________    _________

President

 

______________________________            ______ ______    ___________    _________

Vice President

 

______________________________            ______ ______    ___________    _________

Secretary

 

______________________________            ______ ______    ___________    _________

Treasurer

 

______________________________            ______ ______    ___________    _________

Director

 

 

ATTEST:

 

                                                                                                           

Secretary                                              Date

 

 

 

Resolution Effective:________________________________, 20_____________.

 


Exhibit 1

to the Resolution

 

 

THE UNIT OWNERS ASSOCIATION OF FAIR LAKES CONDOMINIUM

 

 

VIA CERTIFIED MAIL

RETURN RECEIPT REQUESTED

and REGULAR MAIL

WITH PROOF OF MAILING

 

 

Owner/Resident

The Unit Owners Association of Fair Lakes Condominium

                                               

Fairfax, Virginia  22003

 

 

            Re:       The Unit Owners Association of Fair Lakes Condominium --

                        Notice of Hearing Before the Board of Directors                    

 

 

Dear Owner/Resident:

 

            Pursuant to Policy Resolution # _____ of the Unit Owners Association of Fair Lakes Condominium, this is to serve as notification that according to information provided to the Association, you are in violation of                                                                                                                                                                                                                                                                                       .

 

            You are hereby notified that a hearing will be held before the Board of Directors on                               , 20      , at              p.m. upon the charges set forth in the Complaint.  You may be present at the hearing, may, but need not be represented by Counsel, and may present any relevant information including witnesses concerning the Complaint.  You will be given a full opportunity to question any witnesses that you wish to present or which are presented by the Association. 

 

            Please confirm your attendance by calling Amy D. Weinschenk at Armstrong Management.  If you have a reason why you cannot attend the hearing on the scheduled date, contact Amy D. Weinschenk so that an alternative date may be scheduled.  You will be entitled to only one rescheduling.

 

Please keep in mind that if no response is received from you, or if you confirm attendance but fail to attend without providing a satisfactory explanation, you will be deemed to have waived the right to the hearing.

 

 

Exhibit 1

to the Resolution

 

If you are found in violation of the allegations set forth in the Complaint, the Board has the authority to assess monetary charges in the amount of $50 for a single offense and $10 per day for no longer than 90 days for an offense of a continuing nature.  The Board can also assess expenses incurred in resolving this matter, issue a cease and desist order and suspend your ability to vote on Association matters and your use of Association facilities and services.  The Association may also initiate corrective action if such action is deemed appropriate.  Such actions will be at the unit owner’s expense.  The Association may also pursue legal action if the Board determines that to be appropriate.

 

            If you have questions, please contact Amy D. Weinschenk, Property Manager, at (703) 385-1133, extension 3215.

 

 

                                                                        Sincerely,

 

                                                                        Board of Directors

 

 

                                                                                                                                   

                                                                        President