A. Except as otherwise provided in this chapter, the board of directors shallhave the power to establish, adopt, and enforce rules and regulations withrespect to use of the common areas and with respect to such other areas ofresponsibility assigned to the association by the declaration, except whereexpressly reserved by the declaration to the members. Rules and regulationsmay be adopted by resolution and shall be reasonably published or distributedthroughout the development. A majority of votes cast, in person or by proxy,at a meeting convened in accordance with the provisions of the association'sbylaws and called for that purpose, shall repeal or amend any rule orregulation adopted by the board of directors. Rules and regulations may beenforced by any method normally available to the owner of private property inVirginia, including, but not limited to, application for injunctive relief ordamages, during which the court may award to the association court costs andreasonable attorneys' fees.
B. The board of directors shall also have the power, to the extent thedeclaration or rules and regulations duly adopted pursuant thereto expresslyso provide, to (i) suspend a member's right to use facilities or services,including utility services, provided directly through the association fornonpayment of assessments which are more than 60 days past due, to the extentthat access to the lot through the common areas is not precluded and providedthat such suspension shall not endanger the health, safety, or property ofany owner, tenant, or occupant and (ii) assess charges against any member forany violation of the declaration or rules and regulations for which themember or his family members, tenants, guests, or other invitees areresponsible.
Before any such charges or suspension may be imposed, the member shall begiven an opportunity to be heard and to be represented by counsel before theboard of directors or other tribunal specified in the documents. Notice of ahearing, including the charges or other sanctions that may be imposed, shallbe hand delivered or mailed by registered or certified mail, return receiptrequested, to the member at the address of record with the association atleast fourteen days prior to the hearing.
The amount of any charges so assessed shall not be limited to the expense ordamage to the association caused by the violation, but shall not exceed 50dollars for a single offense or 10 dollars per day for any offense of acontinuing nature and shall be treated as an assessment against the member'slot for the purposes of § 55-516. However, the total charges for any offenseof a continuing nature shall not be assessed for a period exceeding 90 days.After the date a lawsuit is filed challenging any such charges, no additionalcharges shall accrue. If the court rules in favor of the association, itshall be entitled to collect such charges from the date the action was filedas well as all other charges assessed pursuant to this section against thelot owner prior to the action.
The hearing result shall be hand delivered or mailed by registered orcertified mail, return receipt requested, to the member at the address ofrecord with the association within seven days of the hearing.
(1989, c. 679; 1991, c. 667; 1993, c. 956; 1994, c. 368; 1997, cc. 173, 417;2000, cc. 846, 905; 2002, c. 509; 2008, cc. 851, 871.)
A. Except as otherwise provided in this chapter, the board of directors shallhave the power to establish, adopt, and enforce rules and regulations withrespect to use of the common areas and with respect to such other areas ofresponsibility assigned to the association by the declaration, except whereexpressly reserved by the declaration to the members. Rules and regulationsmay be adopted by resolution and shall be reasonably published or distributedthroughout the development. A majority of votes cast, in person or by proxy,at a meeting convened in accordance with the provisions of the association'sbylaws and called for that purpose, shall repeal or amend any rule orregulation adopted by the board of directors. Rules and regulations may beenforced by any method normally available to the owner of private property inVirginia, including, but not limited to, application for injunctive relief ordamages, during which the court may award to the association court costs andreasonable attorneys' fees.
B. The board of directors shall also have the power, to the extent thedeclaration or rules and regulations duly adopted pursuant thereto expresslyso provide, to (i) suspend a member's right to use facilities or services,including utility services, provided directly through the association fornonpayment of assessments which are more than 60 days past due, to the extentthat access to the lot through the common areas is not precluded and providedthat such suspension shall not endanger the health, safety, or property ofany owner, tenant, or occupant and (ii) assess charges against any member forany violation of the declaration or rules and regulations for which themember or his family members, tenants, guests, or other invitees areresponsible.
Before any such charges or suspension may be imposed, the member shall begiven an opportunity to be heard and to be represented by counsel before theboard of directors or other tribunal specified in the documents. Notice of ahearing, including the charges or other sanctions that may be imposed, shallbe hand delivered or mailed by registered or certified mail, return receiptrequested, to the member at the address of record with the association atleast fourteen days prior to the hearing.
The amount of any charges so assessed shall not be limited to the expense ordamage to the association caused by the violation, but shall not exceed 50dollars for a single offense or 10 dollars per day for any offense of acontinuing nature and shall be treated as an assessment against the member'slot for the purposes of § 55-516. However, the total charges for any offenseof a continuing nature shall not be assessed for a period exceeding 90 days.After the date a lawsuit is filed challenging any such charges, no additionalcharges shall accrue. If the court rules in favor of the association, itshall be entitled to collect such charges from the date the action was filedas well as all other charges assessed pursuant to this section against thelot owner prior to the action.
The hearing result shall be hand delivered or mailed by registered orcertified mail, return receipt requested, to the member at the address ofrecord with the association within seven days of the hearing.
(1989, c. 679; 1991, c. 667; 1993, c. 956; 1994, c. 368; 1997, cc. 173, 417;2000, cc. 846, 905; 2002, c. 509; 2008, cc. 851, 871.)
A. Except as otherwise provided in this chapter, the board of directors shallhave the power to establish, adopt, and enforce rules and regulations withrespect to use of the common areas and with respect to such other areas ofresponsibility assigned to the association by the declaration, except whereexpressly reserved by the declaration to the members. Rules and regulationsmay be adopted by resolution and shall be reasonably published or distributedthroughout the development. A majority of votes cast, in person or by proxy,at a meeting convened in accordance with the provisions of the association'sbylaws and called for that purpose, shall repeal or amend any rule orregulation adopted by the board of directors. Rules and regulations may beenforced by any method normally available to the owner of private property inVirginia, including, but not limited to, application for injunctive relief ordamages, during which the court may award to the association court costs andreasonable attorneys' fees.
B. The board of directors shall also have the power, to the extent thedeclaration or rules and regulations duly adopted pursuant thereto expresslyso provide, to (i) suspend a member's right to use facilities or services,including utility services, provided directly through the association fornonpayment of assessments which are more than 60 days past due, to the extentthat access to the lot through the common areas is not precluded and providedthat such suspension shall not endanger the health, safety, or property ofany owner, tenant, or occupant and (ii) assess charges against any member forany violation of the declaration or rules and regulations for which themember or his family members, tenants, guests, or other invitees areresponsible.
Before any such charges or suspension may be imposed, the member shall begiven an opportunity to be heard and to be represented by counsel before theboard of directors or other tribunal specified in the documents. Notice of ahearing, including the charges or other sanctions that may be imposed, shallbe hand delivered or mailed by registered or certified mail, return receiptrequested, to the member at the address of record with the association atleast fourteen days prior to the hearing.
The amount of any charges so assessed shall not be limited to the expense ordamage to the association caused by the violation, but shall not exceed 50dollars for a single offense or 10 dollars per day for any offense of acontinuing nature and shall be treated as an assessment against the member'slot for the purposes of § 55-516. However, the total charges for any offenseof a continuing nature shall not be assessed for a period exceeding 90 days.After the date a lawsuit is filed challenging any such charges, no additionalcharges shall accrue. If the court rules in favor of the association, itshall be entitled to collect such charges from the date the action was filedas well as all other charges assessed pursuant to this section against thelot owner prior to the action.
The hearing result shall be hand delivered or mailed by registered orcertified mail, return receipt requested, to the member at the address ofrecord with the association within seven days of the hearing.
(1989, c. 679; 1991, c. 667; 1993, c. 956; 1994, c. 368; 1997, cc. 173, 417;2000, cc. 846, 905; 2002, c. 509; 2008, cc. 851, 871.)
