In the 1980”s, states surrounding the Chesapeake Bay enacted the Chesapeake Bay Preservation Act requiring new developments to plan for and mitigate storm water erosion and pollution flowing eventually into the bay. When Montclair was developed, Powells Creek was dammed, creating Lake Montclair to mitigate erosion and pollution. Likewise, when Cardinal Station was developed, planners created a large wooded common area for storm water management and created a storm water collection dam and pond prior to the water flowing into the Montclair tributaries of Powells Creek. Thus, the Cardinal Station community developer created a Common Interest Community (CIC).
What is a Common Interest Community (CIC)?
Common Interest Communities are designed by a developer (also known as a “declarant“) and expressed with a legal document attached to each property deed. The community is created by a specific set of legal documents, generally drawn up by the developer and subject to change by the membership (owners). When the developer relinquishes control of the community, the community’s affairs are then governed by the Association of owners through an elected board. As the community matures, the primary purpose for a Common Interest Community is to maintain property values within the community by maintaining both the common area and individual properties.
The HOA Board
The Association board is authorized by law to enforce rules and restrictions (for example, regarding aesthetics), and to collect mandatory assessments to pay for operations of the Association and maintenance of the common grounds and improvements to common elements (such as the grassy or wooded common areas, walking trails, storm water erosion, or community signage). The obligation for owners to pay for insurance, maintenance assessments, and upkeep of shared property other than their own units/lots is the essential characteristic of a Common Interest Community. The relationship between owners and the Association is a financial and legal one.
For large communities like Montclair, HOA Boards may be salaried, state-licensed, professionally managed members. For smaller communities like Cardinal Station, the board may consist of non-paid, volunteer property owners who invest their own time and energy to help maintain the community property covenants, standards, by-laws, and property values. Thus, your Stanley Forest Homeowner’s Association is a non-stock, Virginia corporation; not-professionally managed by your fellow property owners who have volunteered to attend to the mattes of the association.
Your Board members are nominated and elected during the annual HOA community meeting normally held in late January or early February of each year and serve as directed by the covenants and by-laws of the association. If you have the time and are interested in helping your community, please volunteer. Your efforts and initiative will be rewarding.
Main Association Documents
Your Association governing documents typically include a declaration, plats, articles of incorporation, bylaws, rules & regulations, and architectural standards or guidelines (“governing documents”). The governing documents, association policies, and other information are provided to each property purchaser in a commonwealth-mandated disclosure packet provided from the current property owner to the new property owner at closing. Your disclosure packet describes the basis for living in a community governed by a common interest community association. The form of governance, nature and scope of services, as well as limitations on property use are addressed in the governing documents, and association policies. These governing documents establish a legal and financial relationship between the property owner and the CIC community.
Association Disclosures
Your SFHOA Disclosure Packet is described in the following section -> Disclosure Packet Info…