This presentation goes over some of the basics of Homeowners' Associations in Fairfax County. What HOA's are, who can join them, how they are governed, and their responsibilities and powers are all detailed in this presentation.

1. Homeowners’ Associations 101 Consumer Affairs Branch Fairfax County Department of Cable and Consumer Services fairfaxcounty.gov/consumer

2. Established by a covenant attached to the deed for a residence or a residential lot. The deed covenant authorizes common interest governance. Private organization with functions often similar to local government. What is a Homeowners’ Association? fairfaxcounty.gov/consumer

3. Membership is automatic and compulsory on purchase of a property governed by the homeowners’ association. The covenant makes the owner of the purchased lot or residence a member of the homeowners association as long as title is held. The association disclosure packet provides information about the association’s regulation of physical characteristics of the unit and the lifestyle of the members. Who Can Join? fairfaxcounty.gov/consumer

4. Title 55, Chapter 26The Property Owners’ Association Act § 55-508. Applicability. A. This chapter shall apply to developments subject to a declaration, as defined herein, initially recorded after January 1, 1959, associations incorporated or otherwise organized after such date, all subdivisions created under the former Subdivided Land Sales Act of 1978 (§ 55-336 et seq.). fairfaxcounty.gov/consumer

5. "Declaration" means any instrument, however denominated, recorded among the land records of the county or city in which the development or any part thereof is located, that either (i) imposes on the association maintenance or operational responsibilities for the common area or (ii) creates the authority in the association to impose on lots, or on the owners or occupants of such lots, or on any other entity any mandatory payment of money in connection with the provision of maintenance and/or services for the benefit of some or all of the lots, the owners or occupants of the lots, or the common area. "Declaration" includes any amendment or supplement to the instruments described in this definition. Declaration fairfaxcounty.gov/consumer

6. The organization possesses the legal authority to assess mandatory dues maintain common property provide services regulate the uses of individual and common property Powers of the Homeowners’ Association fairfaxcounty.gov/consumer

7. The bylaws guide the association on the powers and duties of the governing body, typically referred to as the board of directors. The members of the association board are elected by the membership. The elected board has a fiduciary duty to act in the best interest of all of the owners. How is the Homeowners’ Association Governed? fairfaxcounty.gov/consumer

8. A. All meetings of the board of directors, including any subcommittee or other committee thereof, shall be open to all members of record. The board of directors shall not use work sessions or other informal gatherings of the board of directors to circumvent the open meeting requirements of this section. Minutes of the meetings of the board of directors shall be recorded and shall be available as provided in subsection B of § 55-510. § 55-510.1. Meetings of the board of directors fairfaxcounty.gov/consumer

9. Except as expressly authorized in this chapter, in the declaration, or otherwise provided by law, no association may make an assessment or impose a charge against a lot or a lot owner unless the charge is a fee for services provided or related to use of the common area. Owners have a contractual obligation to contribute to the cost of maintaining the common property and areas. § 55-509.3. Association charges fairfaxcounty.gov/consumer

10. A. Except as otherwise provided in this chapter, the board of directors shall have the power to establish, adopt, and enforce rules and regulations with respect to use of the common areas and with respect to such other areas of responsibility assigned to the association by the declaration, except where expressly reserved by the declaration to the members. Rules and regulations may be adopted by resolution and shall be reasonably published or distributed throughout the development. §55-513 Adoption and enforcement of rules fairfaxcounty.gov/consumer

11. The association board members are responsible for managing the funds of the association. Present an annual budget to the membership in support of the proposed annual assessment. Allocate the funds according to the budget. Financial Management fairfaxcounty.gov/consumer

12. A. Except to the extent otherwise provided in the declaration and unless the declaration imposes more stringent requirements, the board of directors shall: 1. Conduct at least once every five years a study to determine the necessity and amount of reserves required to repair, replace and restore the capital components; 2. Review the results of that study at least annually to determine if reserves are sufficient; and 3. Make any adjustments the board of directors deems necessary to maintain reserves, as appropriate. § 55-514.1. Reserves for capital components. fairfaxcounty.gov/consumer

13. A. In addition to all other assessments which are authorized in the declaration, the board of directors shall have the power to levy a special assessment against its members if the purpose in so doing is found by the board to be in the best interests of the association and the proceeds of the assessment are used primarily for the maintenance and upkeep of the common area and such other areas of association responsibility expressly provided for in the declaration, including capital expenditures. § 55-514. Authority to levy special assessments. fairfaxcounty.gov/consumer

14. Periodically review the governing documents of your community including the rules and regulations Comply with the governing documents Pay annual assessments Pay special assessments Engage in the community Attend meetings Volunteer Build community with your neighbors Responsibilities of Homeowners fairfaxcounty.gov/consumer

15. Read your disclosure packet prior to purchase. Work collaboratively with your board prior to making any architectural changes to your property to ensure compliance. Maintain the upkeep of your property. Plan for increased expenses to support your community. Volunteer to make your community a place to call home. Preserving the Value of Your Community fairfaxcounty.gov/consumer

16. Contact the Fairfax County Consumer Affairs Branch for more information: 12000 Government Center Parkway, Suite 433 Fairfax, Virginia 22035 703-222-8435 TTY 711 www.fairfaxcounty.gov/consumer consumer@fairfaxcounty.gov fairfaxcounty.gov/consumer Contact Consumer Affairs