Notice: The following is a reference copy of the committee charter. The official charter document maybe found on the FCHOA2 website.
FORD'S COLONY AT WILLIAMSBURG
HOMEOWNERS ASSOCIATION, INC.
COVENANTS COMMITTEE CHARTER
WHEREAS, Article III (A), Section I of the Ford's Colony at Williamsburg Homeowners Association, Inc.'s ("Association's") Bylaws provides that "the affairs of the Association shall be managed under the direction of a Board of Directors;"
WHEREAS, Article III (C), Section 18 of the Bylaws provides that the Board of Directors "shall have all of the powers and duties necessary for the administration of the Association's affairs...”
WHEREAS, Article V, Section 2 of the Bylaws provides that the “Board of Directors shall appoint a Covenants Committee consisting of at least five (5) and no more than seven (7) members. Acting in accordance with the provisions of the Declaration, these Bylaws and such resolutions as the Board may adopt, the Covenants Committee, if created by the Board, shall be the hearing tribunal of the Association;”
WHEREAS, the requirements of due process suggest that there should be a body other than the Board to monitor and enforce compliance with the Association's Declaration, Bylaws and duly adopted rules and regulations so that there may be an opportunity of appeal to the Board of Directors; and
WHEREAS, the Board of Directors deems it necessary and desirable and in the interest of the individual lot owners and the Association to establish a committee to advise and assist the Board in monitoring and enforcing compliance with the Association's Declaration, Bylaws and duly adopted Rules and Regulations.
NOW, THEREFORE, THE BOARD OF DIRECTORS RESOLVES THAT a Covenants Committee be established, having the following terms of reference:
I. RESPONSIBILITY. The Covenants Committee shall serve at the pleasure of the Board of Directors. The primary responsibility of the Covenants Committee is to serve as an objective and neutral hearing tribunal to determine whether there have been violations of the Association's Declaration, Bylaws and duly adopted Rules and Regulations, and to make decisions regarding what sanction, if any, shall be administered in light of the violation. The Covenants Committee is also to advise and assist the Board in monitoring and enforcing compliance with the provisions of the Association’s Declaration, Bylaws and duly adopted Rules and Regulations. In fulfilling its responsibilities the Covenants Committee shall perform its hearing tribunal duties in accordance with the procedures adopted by the Board of Directors pursuant to Article XIII, Section 3 of the Bylaws.
II. MANNER OF ORGANIZATION.
A. Membership
1. The Covenants Committee shall consist of at least five (5) and no more than seven (7) members appointed by the Board of Directors. For the purpose of conducting its business, a simple majority of members shall constitute a quorum.
2. Committee members shall be lot owners in Ford's Colony, however, they may not simultaneously be members or spouses of members of the Association's:
a) Board of Directors;
b) Environmental Control Committee; or
c) Management Agent
B. Terms.
1. The Covenants Committee members shall normally serve a term of three (3) years and shall be eligible to serve no more than two (2) terms consecutively.
2. In an effort to promote continuity, terms should be staggered so that one-third or the closest number to one-third of the Committee membership is appointed or reappointed each year.
3. Terms of committee members will begin on January 1 and end on December 31.
C. The Covenants Committee Chair shall be a member of the Committee, shall be appointed annually by the Board of Directors and shall serve no more than two (2) consecutive years in that position. The committee shall designate a Vice Chair who shall be approved by the Board of Directors. Meetings without the presence of the Chair are not anticipated; however, should such an occasion occur, the Vice Chair shall lead the meeting.
D. The Board may remove a member of the Covenants Committee, with or without cause. The Committee may vote to remove its Chair with cause. Vacancies created by either of the above or for any other reason may be filled by appointment by the Board.
E. The Covenants Committee members shall designate a recorder from among the members of the Committee. The recorder shall be responsible for maintaining the Committee membership roster, assisting the Chair in preparing the quarterly written Committee report to the Board, and maintaining written documentation on Committee decisions and activities. In the event the recorder is not in attendance at a meeting of the Covenants Committee in which a quorum is present, a majority of the Committee members present shall elect an interim recorder who shall be a member of the Covenants Committee and shall assume the duties of the recorder for the purposes of that meeting.
III. MANNER OF OPERATION. The Covenants Committee shall conduct its business in the best interest of the Association and in accordance with this Charter, the Association's Declaration, Bylaws and Rules and Regulations. However, any recommendation to the Board shall be forwarded only when a quorum is present. With regard to the rights of lot owners, the Committee may take no actions other than those established by this Charter or those permitted by the Association's Declaration, Bylaws and Rules and Regulations, without prior authorization of the Board as reflected in the Association's minutes.
A. Function of the Chair: Functions of the Chair (or the presiding officer of the meeting) shall include the following:
1. Coordinating and supervising committee activities and meetings to assure that responsibilities are met;
2. Preparing quarterly Committee reports to the Board; and
3. Representing the Committee to the Board;
B. Meetings:
1. The committee will meet as often as deemed necessary by the Chair and at least quarterly with notice to all members and the Board of Directors. The Covenants Committee, in its discretion, shall also hold additional meetings as may be necessary when there is business before the Committee.
2. Special meetings of the Committee may be called by the Chair or upon the written request of any two Committee members.
3. The Committee shall, at its own discretion, determine the agenda and conduct all meetings of the Committee. Hearings shall be conducted in accordance with the Association's Resolution regarding Complaint and Due Process Procedures.
4. Except as provided in the Code of Virginia for convening in executive session, all meetings shall be open to all members of the Association. Notice of each meeting shall be provided to the Management Agent in time for publication to the membership. At least one copy of the agenda and any supporting material shall be made available for inspection by the membership at each meeting of the committee.
5. If a meeting or hearing is open, it is deemed open only to the Association's membership, Management Agent, witnesses, and counsel for alleged violators and the Association. If a meeting is closed, only Committee members, the Management Agent, witnesses, the alleged violator and counsel for the alleged violator and the Association shall be permitted to attend the closed portion of the meeting. The administrative affairs of the Association are private and thus, no member of the general public has a right to attend meetings or hearings of the Covenants Committee whether open or closed.
6. Alleged violators, witnesses called during the hearing, the Management Agent, counsel for the alleged violator and the Association, and members of the Committee shall have a right to be heard when recognized by the Chair or presiding officer of the meeting. All other persons, including Association members in attendance during an open meeting or hearing, shall have no right to be heard during any portion of a hearing or meeting conducted by the Committee unless specifically requested to participate by the Committee.
7. The Committee reserves the right, in its discretion, to exclude witnesses from the hearing until such time as they are called to present testimony. However, the alleged violator, Complainant and the Association's Management Agent shall be allowed to be present during the entire hearing.
C. Reporting:
1. The Covenants Committee Chair shall, at least quarterly, submit to the Board a written report on Committee activities, in a format acceptable to the Board. This report shall include at least the following:
a. violations identified;
b. actions taken relative to violations;
c. hearings held, subject matter, and decisions; and
d. identification of any appeals to the Board from a final decision of the Committee.
2. The recorder or interim recorder shall prepare and submit through the Chair minutes of all Committee meetings. Copies of the all approved meeting minutes shall be delivered to the Management Agent and Board of Directors as soon as practical.
IV. HEARINGS.
A. Scope of Covenants Committee.
1. During a hearing the Covenants Committee shall not present the facts, but shall reach its decision on an alleged violation based on a review of the oral, visual, audible and written evidence presented during the course of the hearing. Members of the Covenants Committee may also incorporate, into this decision-making process, any first-hand knowledge they have of the alleged violation, including any independent observation of the alleged violation.
2. The decisions of the Covenants Committee are not to be policy decisions for the Association, and shall primarily relate to whether, in light of the facts submitted during the hearing process and any applicable first-hand knowledge they have of the alleged violation, there was or remains a violation of the Association's Declaration, Bylaws or Rules or Regulations.
B. Source of Hearings. In accordance with the Association's Complaint and Due Process Procedures, hearings on rule violations conducted by the Covenants Committee shall stem from the following:
1. A request for a hearing before the Committee, in writing, by an alleged violator who has been informed of the violation by the Management Agent.
2. A written request for a hearing before the Committee by a complainant who has not received a written response from the Management Agent within thirty (30) days of the submission of the written complaint.
3. A written request for a hearing before the Committee by a complainant, who may either be a member of the Association or member of the Environmental Control Committee, who remains convinced that a violation exists even after having been informed to the contrary, in writing, by the Association's Management Agent.
4. A written request for a hearing before the Committee by the Management Agent.
5. For the purposes of this Charter, the complainant shall either be a member of the Association, a member of the Environmental Control Committee or the Association's Management Agent (hereafter and collectively referred to as, "Complainant").
C. Findings by Covenants Committee. The primary objective of the Covenants Committee at the conclusion of a hearing is to make a decision as to whether there has been a violation of the Association's Declaration, Bylaws or Rules or Regulations.
1. All decisions of the Covenants Committee on hearings shall be:
a) in writing, signed either by the Chair of the Committee or the Management Agent, regardless of the result;
b) sent to the violator or alleged violator by hand-delivery or U.S. Mail at the last known residential address;
c) sent to the Complainant with copies to the Board and Management Agent (who may be the complainant); and
d) sent within seven (7) days from the date of the hearing.
2. If the Covenants Committee has found that a violation has occurred, or is continuing, it shall also inform the violator of the following:
a) the provision of the Association's Declaration, Bylaws or Rules or Regulations which has been violated;
b) the action required to remedy the violation and a time frame in which the violation is to be remedied, and further, that such time frame is not to be less than ten (10) days unless the circumstance is such that, in the Committee's determination, it may pose a health or safety threat to persons or property and require immediate abatement.
c) the action required to remedy the violation and a time frame of not less than ten (10) days in which the violation is to be remedied;
d) the sanction that the Covenants Committee has decided to impose;
e) an indication of a date certain for the violator to correct the violation prior to the matter being turned over to the Association's counsel for enforcement; and
f) that the violator has an opportunity to make an appeal to the Board of Directors in accordance with Article V of this Charter.
V. APPEALS. Decisions of the Covenants Committee may be appealed, by the violator only, to the Board of Directors.
A. Form of Appeal.
1. The appeal must be in writing to the Board of Directors.
2. A decision of the Covenants Committee may only be appealed one time to the Board of Directors.
3. Decisions of the Board on appeals are final.
4. Appeals must be submitted to the Board within ten (10) days from the date the violator was informed by the Covenants Committee of the results of the hearing. For the purposes of this provision, the violator shall be deemed to have received notice of the decision of the Covenants Committee two (2) days after it was mailed, or the day it was hand-delivered to the violator, or to the violator's residence.
B. Other.
1. The Board shall determine when and where it shall hear appeals from decisions of the Covenants Committee.
2. Any financial charge or other remedy authorized by the Covenants Committee shall continue to accrue or remain in force until such time as the Board has reversed or suspended the decision of the Covenants Committee.
3. The Board or the Covenants Committee is not precluded from initiating any of its remedies as provided by statute or the Association's Declaration, Bylaws and Rules and Regulations to enforce the violation during the appeal period.
4. The appeal to the Board is not intended to be a second hearing on the violation, and shall be an opportunity for the Board to determine whether the Association's covenant enforcement procedure has been correctly followed. However, if the Board determines that the enforcement procedure has not been followed, the Board may choose to re-hear or remand the matter back to the Covenants Committee for a new hearing.
5. Upon a written request from a violator or an alleged violator, the Covenants Committee may, in its own discretion, waive certain procedural requirements of the hearing process, in compliance with applicable statutes.
6. The Board may, at any time in its discretion during the hearing process, intervene on behalf of the Association. Such intervention by the Board will include, but not be limited to, initiating enforcement action as a result of the violation and/or terminating the hearing process. For the purposes of this provision, the hearing process begins when a Complainant provides the Management Agent with a written rules violation complaint and concludes when the violation has been cured, or the matter has been deemed resolved by the Board of Directors.