Section 1. Powers and Duties

FCHOA Bylaws - Revision Date: 2022-05-20

The Board shall be responsible for the affairs of the Association and shall have all of the powers and duties necessary for the administration of the Association’s affairs and, as provided by law, may do all acts and things as are not by the Governing Documents required to be done and exercised exclusively by the Members.  In addition to the powers and duties imposed by the Governing Documents and by law, the Board of Directors shall be authorized, without limitation, to do the following:

(a)      Adopt an annual budget in which there shall be established the Assessments.

(b)      To the extent permitted by the Declaration, make assessments to defray the costs and expenses of the Association, including adequate Reserves; establish the means and methods of collecting such assessments from the Owners; and establish the dates of the installment payments of the assessments.

(c)      Determine any grace period for payment of assessments, fees, charges, or dues; establish a late fee and an interest rate to be charged on unpaid assessments, fees, charges, or dues, which may be changed from time to time; and accelerate unpaid assessments, fees, charges, or dues if any installment is delinquent.

(d)      Provide for the management, maintenance, improvement, care, operation, repair, renovation, and replacement of the Common Areas, the improvements and facilities thereon, and other real estate or personal property for which the Association has responsibility or which the Board of Directors determines to be in the best interest of the Association to maintain.

(e)      Designate, hire, and dismiss contractors or personnel necessary for the management, maintenance, operation, repair, and replacement of the Common Areas, the improvements and facilities thereon, and other real estate or personal property for which the Association has responsibility; and, where appropriate, provide for the compensation of such contractors or personnel and for the purchase of equipment, supplies, and material to be used by such contractors or personnel in the performance of their duties.

(f)      Collect the assessments, fees, charges, and dues from the Owners; deposit the proceeds in Board-designated depositories, and use the proceeds to carry out the functions and administration of the Association.

(g)      Adopt, amend, and enforce rules and regulations as needed with respect to use, maintenance and/or operation of the Common Areas and with respect to such other areas of responsibility assigned to the Association by the Declaration or by law, except where expressly reserved by the Declaration to the Members.

(h)      Establish fees and dues for the use of the Common Areas and certain facilities.

(i)       Open bank accounts in any federally insured bank or financial institution on behalf of the Association and designate the signatories thereon.

(j)       Make, or contract for the making of, repairs, replacements, additions, and improvements to, or alterations of, the Common Areas or other areas of Association responsibility in accordance with the Governing Documents.

(k)      Enforce by legal means the provisions of the Governing Documents and the rules and regulations promulgated pursuant thereto. Without limiting the generality of the foregoing, the Board of Directors may assess charges against any Member for any violation of the Governing Documents subject to the limitations provided in Va. Code Ann. § 55.1-1819(B).

(l)       Obtain and carry insurance as provided in the Governing Documents (see Article XII herein), the cost of which shall be covered by assessments.

(m)     Pay the cost of all authorized services rendered to the Association and not billed to Owners or otherwise provided for.

(n)      Keep books in an accurate and organized manner with detailed accounts of the receipts and expenditures affecting the Association and the administration of the Common Areas and other areas of Association responsibility.

(o)      Acquire, hold, sell, lease, exchange, or otherwise dispose of Lots and Common Areas or other real or personal property in the best interest of the Association, or as determined by the Board to be reasonably necessary to the ongoing development and operation of the Properties.

(p)      Borrow money, mortgage, pledge, or deed in trust any or all of the Association’s real or personal property as set forth in Article VII, Section 2 below.

(q)      Grant permits, licenses, and easements under, through, and over the Common Areas or other areas of Association responsibility for drainage, utilities, roads, access, and other purposes which are reasonably necessary to the ongoing development and operation of the Properties, or as deemed by the Board of Directors to be in the best interest of the Association. 

(r)      Appoint members of the Architectural Review Committee as set forth in the Declaration.

(s)      Establish Standing Committees and special committees as set forth in Article X herein.

(t)       Enter into shared use and/or maintenance agreements.

(u)      Comply with the reserve study requirements of Va. Code Ann. § 55.1-1826 as the same may be amended from time to time.

(v)       Issue, or to cause an appropriate officer or designee to issue, upon request by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.

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