BY‑LAWS
OF
ADVANCE MILLS VILLAGE HOMEOWNERS ASSOCIATION, INC.

ARTICLE I
NAME AND LOCATION
The name of the corporation is Advance Mills Homeowners Association, Inc. hereinafter referred to as the "Association".  The principal office of the corporation shall be located at 2235 Fray Road, Ruckersville, VA 22968 but meetings of members and directors may be held at such places within the State of Virginia, County of Albemarle, as may be designated by the Board of Directors.

ARTICLE II
DEFINITIONS

Section 1. "Association" shall mean and refer to Advance Mills Village Homeowners Association, Inc. its successors and assigns.

Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 3. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties.

Section 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 5. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of Clerk, Circuit Court, County of Albemarle.

Section 6. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration.

ARTICLE III

MEETING OF MEMBERS

Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of the incorporation of the Association, and meetings will then be held periodically as necessary, with the length of time between such meetings not to exceed thirteen (13) months.

Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all the votes of the membership.

Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, sending a copy of such notice not less than 30 days nor more than 60 days before such meeting to each member entitled to vote thereat, to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice.  Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.

Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast 60% of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws.  If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting, from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.

Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy.  All proxies shall be in writing and filed with the secretary and shall specify the date of the meeting for which the proxy is valid.  Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his/her Lot.

ARTICLE IV
BOARD OF DIRECTORS

Section 1. Number.  The affairs of this Association shall be managed by a Board of five (5) directors, who need not be members of the Association.

Section 2. Term of Office.  At each annual meeting, the members shall elect the directors for terms of three years.  The terms shall be staggered such that 2 directors are elected in each of 2 years and 1 director in the 3rd year.

Section 3. Removal.  Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association.

Section 4. Vacancies.  In the event of death, resignation or removal of a director, his/her successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his/her predecessor.

Section 5.  Compensation.  No director shall receive compensation for any service he/she may render to the Association in his/her capacity as a director.  However, any director may be reimbursed for his/her actual expenses incurred in the performance of his/her duties.

Section 6.  Action Taken Without a Meeting.  The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining written approval of all the directors.  Any action so approved shall have the same effect as though taken at a meeting of the directors.

ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS

Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee.  Nominations may also be made from the floor at the annual meeting.  The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and one or more members of the Association.  The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting.  The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.

Section 2. Election.  Election to the Board of Directors shall be by secret written ballot or by voice vote.  At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration.  The persons receiving the largest number of votes shall be elected.  Cumulative voting is not permitted.

ARTICLE VI
MEETINGS OF DIRECTORS

Section 1. Regular Meetings.  Regular meetings of the Board of Directors shall be held periodically as necessary, with the length of time between such meetings not to exceed  13 months.  Notice of such meetings shall be made at least 7 days in advance.

Section 2. Special Meetings.  Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.

Section 3.Quorum.  A majority of the number of directors shall constitute a quorum for the transaction of business.  Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

ARTICLE VII
POWERS AND DUTIES OF-THE BOARD OF DIRECTORS

Section 1. Powers.  The Board of Directors shall have the power to:
(a) suspend the voting rights of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association.
(b) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;
(c) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three consecutive regular meetings of the Board of Directors; and
(d) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.

Section 2. Duties.  It shall be the duty of the Board of Directors to:
(a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the members who are entitled to vote;
(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
(c) fix the amount of the annual assessment against each Lot;
(d) send written notice of each assessment to every Owner subject thereto;
(e) take action as it deems appropriate to collect assessments, including, but not limited to, foreclosure of the lien against the property for which assessments are not paid;
(f) issue, or to cause an appropriate officer to issue, upon demand 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;
(g) take action as it deems appropriate to enforce provisions of the Declaration and ensure that the purposes of the Declaration are fulfilled;
(h) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
(i) provide for the maintenance and improvement of the Private Roads.

ARTICLE VIII
OFFICERS AND THEIR DUTIES

Section 1 - Enumeration of Offices.  The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create.

Section 2. Election of Officers.  The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.

Section 3. Term.  The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he/she shall sooner resign, or shall be removed, or otherwise disqualified to serve.

Section 4. Special Appointments.  The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

Section 5. Resignation and Removal.  Any officer may be removed from office with or without cause by the Board.  Any officer may resign at any time giving written notice to the Board, the president or the secretary.  Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board.  The officer appointed to such vacancy shall serve for the remainder of the term of the officer he/she replaces.

Section 7. Multiple Offices.  The offices of secretary and treasurer may be held by the same person.  No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.

Section 8.Duties.  The duties of the officers are as follows:
President. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all written instruments and may co-sign all checks and promissory notes.
Vice-President. The vice-president shall act in the place and stead of the president in the event of his/her absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him/her by the Board.
Secretary. The secretary shall record the votes and keep the minutes of all annual meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.
Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made, by either a public accountant or by 2 non-officer members of the Association as determined at the Annual Meeting, at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members at the Annual Meeting.

ARTICLE IX
COMMITTEES
The Board of Directors shall appoint committees as deemed appropriate.

ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member.  The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost.

ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments.

ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in a circular form having within its circumference the words:
Advance Mills Village Homeowners Association, Inc.

ARTICLE XIII
AMENDMENTS

Section 1. These By-Laws may be amended, at a regular or special meeting, of the members, by a vote of a majority of a quorum of members present in person or by proxy.

Section 2.  In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.

ARTICLE XIV
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

IN WITNESS WHEREOF, we, being, all of the directors of the Advance Mills Village
Homeowner's Association, have hereunto set our hands this 15th day of April, 1996

                                                                                    President
                                                                                    Vice-President
                                                                                    Secretary
                                                                                    Treasurer
                                                                                    Member-at-Large

 

CERTIFICATION
I, the undersigned, do hereby certify:
            THAT I am the duly elected and acting secretary of the Advance Mills Village Homeowner's Association, a Virginia corporation, and,
            THAT the foregoing By-Laws constitute the original By-Laws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the 15th day of April, 1996.

                                               

Secretary

 

Rev.  November 1999

ADVANCE MILLS VILLAGE

SECOND AMENDMENT TO STATEMENT OF
RESTRICTIONS AND COVENANTS

THIS DECLARATION made this 1st day of December 1999, by the Advance Mills Village Homeowners’ Association, a registered corporation of the Commonwealth of Virginia, hereinafter referred to as the "Association" provides:

WHEREAS, The Association desires to Amend and restate in full the STATEMENT OF RESTRICTIONS AND COVENANTS for Advance Mills Village, said Statement being dated 8 August 1979 and recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 687
page 46, and the First Amendment to Statement of Covenants and Restrictions, dated December 1, 1979,by providing for the Homeowners Association to be responsible for the maintenance and improvements of the private roads in Advance Mills Village and pursuant thereto is creating the Advance Mills Village Horneowners Association, Inc., a Virginia non-stock corporation; and,

WHEREAS the Association is the governing body of certain real estate situate in the White Hall Magisterial District of Albemarle County, Virginia, and desires to subject said real estate described on the plat of W. S. Roudabush, Inc., dated 23 January 1979, revised 20 February 1979 and revised 11 October 1979 captioned "Advance Mills Village located on State Route 743 approximately 3/4 miles north of Advance Mills in the Rivanna Magisterial District of Albemarle County; Virginia," attached hereto and recorded herewith to covenants, restrictions, easements and charges hereinafter set forth, each and all of which is for the benefit of said property and the owner and owners thereof.

NOW THEREF0RE the Association declares that the real property described on said subdivision plat is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements and charges hereinafter set forth in this first amendment to the hereinabove described statement of restrictions and covenants of Advance Mills Village previously recorded in said Clerk's office.  THIS AMENDMENT RESTATES IN FULL THE RESTRICTIONS AND COVENANTS OF ADVANCE MILLS VILLAGE, AS WELL AS THE FIRST AMENDMENT, AND THE ORIGINAL RESTRICTIONS AND FIRST AMENDMENT ARE SUPERCEDED BY THIS AMENDMENT AND ARE OF NO FURTHER FORCE AND EFFECT.

ARTICLE I.  DEFINITIONS

            1.01. Declaration.The term  "Declaration" as used herein shall mean the covenants, conditions and restrictions and all other provisions herein set forth in this entire Document, as same may from time to time be amended.

            1.02. Property.  The term "Property as used herein shall mean or refer to only the real property described in the attached subdivision plat described above.

               1.03. Lot.  The term "Lot" as-used herein shall mean or refer to any plot of land designated as a "Lot" upon any recorded subdivision plat of the property.

   1.04. Owner.  The term "Owner" as used herein shall mean or refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

1.05. Supplementary Declaration.  The term "Supplementary Declaration" as used herein shall mean any declaration of covenants, conditions and restrictions which may be recorded by the Association, which extends the provisions of.this Declaration to an additional parcel or tract of land and contains such complementary or modifying provisions for such additional parcel or tract of land as are not inconsistent with the concept of this Declaration.

1.06. Association. The term "Association” as used herein shall mean or refer to the Advance Mills Village Homeowners Association, Inc., a Virginia non-stock corporation, its successors
and assigns.

1.07. Member.  The term "Member” as used herein shall mean or ref er to every person or entity who holds membership in the Association.

ARTICLE II.  PROPERTY SUBJECT TO DECLARATION

2.01. Existing Property.   The real property which is and shall be held, transferred, sold, conveyed and occupies subject to this Declaration is Lots 1 – 35 as shown on the subdivision plat attached hereto.

ARTICLE III.  ASSOCIATION

3.01. Creation of Association. Advance Mills Village Homeowners Association, Inc. is a non-stock, non-profit membershipcorporation which has been duly organized under the laws of the State of Virginia for the purposes of interpreting, applying, administering, and enforcing the covenants, restrictions, conditions, liens and charges contained in the Declaration.

3.02. Membership.  Every person or entity who is a record owner of a fee or undivided fee interest in any Lot including contract sellers, shall be a member of the Association.  The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Ownership of such lots shall be the sole qualification for membership.

3.03. Voting Rights.  The Association shall have one class of voting membership, which shall be called Class A and which shall consist of all those owners as defined in Section 3.02.  Class A members shall be entitled to one vote for each Lot in which they own the interest required for membership by Section 3.02. When more than one person or entity holds such interest in any Lot, all such persons or entities shall be members.  The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

3.04. Quorum.  At any duly called meeting of the Association, the presence of members or of proxies entitled to cast 60% of all votes shall constitute a Quorum.

3.05. Majority.  At any duly called meeting of the Association having a Quorum, the Majority of such Quorum shall decide any question or matter that may come before the meeting.

3.06.  Duties. The Association shall be responsible for the maintenance and improvements of the Private Road in Advance Mills Village.  The Association shall be the sole governing body responsible for architectural control and enforcement of all covenants, restrictions and conditions, and the granting of necessary approriate utility and drainage easements.

ARTICLE IV.   ARCHITECTURAL CONTROL

4.01. Architectural Control. The ARCHITECTURAL CONTROL BOARD (hereinafter referred to as "ACB") shall consist of two or more persons or entities named by the Association.  Selection of the members composing the Architectual Control Board shall be by the Association.

4.02. Purpose.  The ACB shall regulate the external design, appearance and use of the Lots and of improvements thereon in such manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography and to conserve existing natural amenities.

4.03.  Conditions.  No improvements, alterations, repairs, excavations, changes in grade, major landscaping or other work which in any way alters the exteriors of any property or the improvements located thereon from its natural or improved state  shall be made or done until the plans, specifications, working drawings, and proposals for the same showing the nature, kind, shape, type, materials and location thereof shall have been submitted to and approved in writing by the ACB, pursuant.to Section 4.04.  No building, fence, wall, residence, or other structure shall be commenced without the prior written approval of the ACB.

4.04.   Procedures. In the event the ACB fails to approve, modify or disapprove in writing a request for approval required herein, within fifteen (15) days after plans, specifications, or other appropriate materials, have been submitted in writing to it, approval will be deemed granted.

4.05.         Presumption. In the event that the appropriate equitable action together with a lis pendens has not been commenced within 60 days after the completion of any improvements or alterations, it shall be conclusively presumed that such construction, alterations or improvements are approved by the ACB.

ARTICLE V.  GENERAL RESTRICTIONS

5.01. Restriction on Further Subdivision.  No Lot shall be further subdivided or separated into smaller Lots by an owner and no portion less than all of any such Lot shall be conveyed or transferred by an owner; provided, however that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective instruments.  No Lot shall be used as a roadway for access to any property lying outside of the boundaries of the property without the written consent of the Association, its successors and assigns.

5.02.  General Restrictions.
(a) No building of any kind shall be erected or maintained upon any Lot except one private detached single-family dwelling, and buildings accessory thereto, e.g.garages, toolsheds, and guest cottages.

(b) No structure of a temporary character, tent, or trailer shall be used on any Lot at any time as a residence either permanently or temporarily for a time greater than three days.

(c) No billboards or signs of any kind shall be erected or maintained or displayed except “For Sale”or “For Rent” signs not larger than two feet by four feet, which may be placed upon any property for sale or for rent.

(d) No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

(e) No building or any part thereof shall be erected hereafter within the building-line distance of any street or road (as shown on the subdivision plat) within twenty feet of any side line or within twenty-five feet of any rear line.  However, no suit shall be brought more than sixty days after the completion of any such- structure (as signified by issuance of the Certificate of occupancy) on account of its location.

(f)  For architectual design approval, see Paragraph 4.03 above.

(g) Any tree within the foundation lines, over the water or other utility lines, or within the bounds of a driveway of ordinary size, may be cut and removed; but no other healthy tree over six inches in diameter shall be cut and removed without approval of the ACB.  Such approval shall not be unreasonably withheld by the ACB, but the ACB shall consider the opinions of the immediately adjacent owners provided such opinions are received within three days of receipt of notice by the adjacent Owners.  The Owner requesting approval shall give notice to the adjacent owners by certified mail or personal delivery evidenced by a signed receipt . The owner shall also submit to the ACB and adjacent Owners a tree removal plat or sketch showing the location, size and variety (if known) of trees to be removed and trees to be retained.  This may be an informal, hand-drawn sketch and does not require the precision of a survey,

(h)        There shall be no animals permitted except for horses, dogs and cats.

ARTICLE VI. PRIVATE ROADS

6.01.  Establishment. Fray Road and Burnett Lane are private roads in Advance Mills Village Subdivision and shall require private maintenance by the Owners of Lots 1 to 35 in said Subdivision.  The right-of-way easement for Fray Road and Burnett Lane shall be fifty feet as shown on the attached subdivision plat. The costs of construction, maintenance, upkeep or replacement of such roads will not be borne by  the County, the Commonwealth of Virginia, or any other public agency.  The necessary money for the future maintenance upkeep or replacement of the Private Roads shall, be provided by the annual and special assessments on each Lot as hereinafter described in Article VII.

ARTICLE VII.  MAINTENANCE ASSESSMENTS

7.01  Creation of the Lien and Personal Obligation of Assessments.  The Association  hereby covenants, and each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Associations annual assessments, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided.  The annual and special assessments, together with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge upon the land and shall be a continuing lien upon the Lot against which each such assessment is made in the manner as hereinafter provided, and subject to prior liens of the Lot as hereinafter provided. Each such assessment, together with such interest, costs and reasonable attorney's fees shall also be the personal obligation of the person or entity who was the owner of such Lot at the time when the assessment falls due.  The personal obligation shall not pass to his successors in title unless expressly assumed by them.

7.02.  Purpose of Assessments.  The assessment levied by the Association shall be used exclusively for the purposes of promoting the health,      safety and welfare of the residents in the property and in particular for the repair, upkeep, maintenance and improvement of the Private Roads, and facilities related thereto.  The Association shall provide for snow removal and may provide for the collection of garbage and trash.

7.03. Basis-and Maximum of Annual Assessments.  Until January 1, 2000, the maximum annual assessment shall be $200.00 annually per Lot, improved or unimproved.  Each calendar year thereafter the maximum annual assessment may be increased by up to 5% per year of the prior year's annual assessment effective January 1 of each year without a vote of the membership, by the Board of Directors of the Association, which Board of Directors may fix such annual increase after due consideration of current maintenance costs and needs of the Association.  Any increase requested by the Board of Directors in the usual annual assessments above the annual 5% increase over the prior year's assessment must be approved by a vote of two-thirds (2/3) of all members voting in person or by proxy at a duly called meeting of the Association for this purpose.

7.04.  Special Assessments for Capital Improvements.  In addition to the annual assessment authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of the Private Roads or facilities related thereto, provided that any such special assessment shall have the consent of two-thirds of the. vote of all members who are voting in person or by proxy at a duly called meeting of the Association for this purpose.

7.05. Notice for Any Action Authorized Under Section 7.03 and 7.04. Written notice of any meeting called for the purpose of taking any action authorized under Section 7.03 or 7.04 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting.
7.06. Uniform Rate of Assessment.  Both annual and special assessments must be fixed at a uniform rate for all improved Lots as a class and all unimproved Lots as a class, and may be collected on an annual basis.

7.07. Date of Commencement of Annual Assessment Due Dates. The annual assessments provided for herein shall commence as to all Lots on the lst day of January, 1980. The Board of Directors shall fix the amount of the annual assessment of each Lot at least 30 days in advance of each annual assessment.  Unless otherwise established by the Board of Directors, the assessment shall be due in one installment on the first day of January of each year unless other due dates are established by the Board of Directors and the annual assessment shall be prorated where sale is made between the annual January 1 assessment dates.  The Association shall upon demand at any time furnish a certitificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board of Directors for the issuance of these certificates.  Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.

7.08.  Effect of Non-payment of Assessments; Remedies of the Association.  Any assessments which are not paid when due shall be delinquent.  If the assessment is not paid within 30 days after the due date the assessment shall bear interest from the date of delinquency at a maximum rate of interest on judgments provided by law, and the Association may bring an action at law against the owner personally obligated for the same, or foreclose the lien against the Lot, and interest costs, court costs and reasonable attorney's fees of any such action shail be added to the amount of such assessment.  No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Private Roads, or abandonment of his/her Lot.

7.09. Lien for Payment of Assessments and Subordination of Lien to First and Second Lien Deeds of Trust.  There shall be a continuing lien upon each of the individual Lots in order to secure payment of any of the assessments provided under this Declaration, but such lien shall be at all times subject and subordinate to any trust first or second mortgages or deeds of trust placed on the property at any time.  However, at such time as the Association places to record in the Clerk's office of the Circuit Court of Albemarle County, Virginia, a notice of delinquency as to any particular Lot on a form prescribed by the Board.of Directors, then, from the time of recordation of said notice the lien of such delinquent assessments in the amount stated in such notice shall be a lien prior to any subsequently recorded first or second mortgages or deeds of trust in the same manner as the lien of a docketed judgment in the State of Virginia.
The lien of assessments provided for herein, whether or not notice has been placed on record as above provided, may be foreclosed by a Bill in Equity in the same manner as provided for the foreclosure of mortgages, vendor's liens, and liens of similar nature.  A statement from the Association showing the balance due on any assessment shall be prima facie proof of the current assessment balance and delinquency, if any, due on a particular Lot.

7.10.   Records and Receipts.  The Association shall keep and maintain detailed, accurate records in chronological order of the receipts and expenditures affecting the Private Roads and facilities related thereto, specifying and itemizing the maintenance and repair expenses of the Private Roads, and any other expenses incurred.  Such records and vouchers authorizing the payment shall be available for examination by members and others with an interest such as encumbrancers or prospective lenders at convenient hours of weekdays upon-reasonable notice.

ARTICLE VIII.  EASEMENTS

8.01. Utility and Drainage Easements.  The Association reserves unto itself, its successors and assigns, a perpetual and alienable easement and right-of-way above ground and under ground within ten feet of any Lot line through all areas subject to this Declaration and any Supplementary Declaration, within the boundaries of Lots, to construct, maintain, inspect, replace, and repair electric and telephone poles, wires, cables, conduits, pipes and other suitable equipment for the conveyance of water, telephone, electricity, cable, communications and other utilities and public conveniences, and for storm and surface water drainage, together with the right of ingress and egress to all such facilities and easements for the construction and maintenance thereof. The easements provided for in this Section shall include the right to cut any trees, brush, and shrubbery, make any grading of soil, and take other similar action reasonably necessary to provide economical and safe utility installation and drainage facilties. The rights herein reserved may be exercised by any licensee of  the Association, but shall not be deemed to impose any obligation upon the Association, but shall not be deemed to impose any obligation upon the Association to provide or maintain any utility or drainage services.

ARTICLE IX.  GENERAL PROVISIONS

9.01. Enforcement.  Enforcement of the provisions of this Declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to voilate the covenant either to restrain violation or to recover damages.  Such action may be brought by the Association, or its successor or assigns, the Association or the Owner of any Lot.

9.02. Severability. Invalidation of any one or more of the provisions of this Decalaration or any Supplementary Decalaration by judgement, court order or otherwise, shall in no way affect any other provisions which shall emain remain in full force and effect.

9.03. Amendments. This Decalartion may be amended in whole or in part by recorded instrument bearing the signatures of the Owners of record, including joint tenants and tenants in common of 90% of the lots or more.

9.04. Duration.     The covenants and restrictions of this Declaration shall run with and bind the land for a term of ten (10) years from the date this Decalaration is recorded and thereafter shall be renewed for successive periods of ten years, unless modified, amended or rescinded as provided in Paragraph 9.03.

WITNESS the following signatures and seals.

AMVHOA Board Meeting

July 23, 2009

Attendants:Tim Waterbury, Cliff Smith, Geroge Ackerman, Kip Newland, Greg Kane
Absence: None.

Call to Order: The meeting was called to order at 7:10PM

10 Year By-Laws Recertification Review: After review of the By-Laws and the Covenants and Restrictions this year there are no changes that are recommended.

Road Repair: Cliff Smith reported that prices for road repair have gone up substantially over the last year. If the current prices hold, the Association may have to pay over $200 per lot additional in 2 years (estimated road repair time). The state of the road itself looks good.

Annual Dues: Given the costs of road repair, the Board agreed to raise the annual dues by a full 5% and recommends waiting to see what costs look like later on.

Drainage Area Maintenance: Requests have come to the Board concerning the maintenance of road drainage areas. Part of the review of the By-Laws and Covenants was to look into this question as it relates to Association and homeowner obligations. It was determined that neither the Association nor individual Association members had responsibility to maintain the drain area. The Board agreed that this did preclude the Association from acting in certain cases where road maintenance could be impacted.

Annual Meeting: It was agreed that the Annual Meeting will be held at Tim Waterbury's house at 7PM on Wednesday, August 26, 2009. Members are requested to bring chairs. Greg Kane will be filling in for Tim Waterbury as Tim has some work obligations for the USMC at that time

Annual Meeting Agenda:

• Chair call to order
• Lots roll call (present and proxies)
• Quorum determined (yes/no)
• Treasurer's Report (George Ackerman)
• Road Report (Cliff Smith)
• Final Bridge Report (Kip Newland)
• Annual Picnic Discussion
• (2) New Board Member's Election
• Open Discussion/New Business
• Adjourn Meeting

Meeting Adjourned

AMVHOA Board Meeting 7/31/2008 , 7:00pm

AMVHA Board Meeting

Thursday, July 31, 2008

Attendants: Tim Waterbury, Cliff Smith, George Ackerman, Kip Newland, Mary Kostishak and Greg Kane

The meeting was called to order at 7:30 p.m.

General Update: As outgoing President, Mary Kostishak provided a list of tasks that the new board and officers will need to address. The list included:

January

• Send out annual HOA dues letter along with a signup sheet for mowing/landscaping.
  

Spring

• Schedule board meeting to discuss annual meeting dates, agendas and annual association fees. Reminder that annual meetings must be within 13 months of each other
• Annual meeting notices must be mailed not more than 60 days and no later than 30 days ahead of the meeting. The notice must include a request for proxies for those that cannot attend and the request must include the exact date of the meeting.
  

Spring-Summer

• Annual meeting Culvert work party Fall Annual picnic Hire snow removal service Check sand/salt containers at end of Burnett Lane. Purchase sand if needed (Vic usually does this)
• The board also discussed the road and drainage conditions, the problems with the culvert and the need to keep that clear; drainage issues along lot 35 and as well as electrical feeds.

Snow Removal and Other General Work:
The Association’s history with Steve Burnett was discussed as well as Steve’s dependability, reasonable rates and quality of work. It was recommended that the board continue with his services again this year for our snow removal needs and anything else that may come up.

Treasurer’s report: Kip Newland gave a report on the duties of the Treasurer.

New officers: The board agreed to the following:

• President: Tim Waterbury
• Vice President: Cliff Smith
• Secretary: Greg Kane
• Treasurer: George Ackerman
• At-Large: Kip Newland

It was also agreed that Kip Newland would continue to represent the Association in matters concerning the 743 Bridge.

The meeting was adjourned at 8:45PM

AMVHOA Board Meeting 4/4/2007 , 7:00pm
 
Items discussed:
 
1) Three speed limit signs have been installed.  Mary Kostishak to call property owners to get permission for placement for last sign.
 
2) Vic Terranova to install second set of solar  powered entry lights at discount prices. Thank you Vic!

3) Kip Newland gave the treasurers report. We spent  $510 on snow plowing this season and currently have $17,750 in our accounts. 
 
4) A motion was passed to raise the annual dues 5%  to cover the cost of inflation and probable rise in  asphalt prices.  These funds will cover the cost of repaving the road in 2010.
 
5) A target date in late June is to be determined for the annual meeting. Proper notice will be sent to property owners prior to the annual meeting. The Overstreets have once again agreed to hold the meeting.  Thank you!
 
6) The bridge was discussed.  Mary Kostishak will  send a email to the property owners to tell them of the 5 pm April 18 meeting of the Metro Planning Organization.  The future of our bridge will be determined then.  Mary and Kip plan to attend and more participation is to be encouraged.
 
7) A work party is to be formed to do maintenance on  the culvert slopes.  Date to be determined.
 
Meeting ended at 7:46pm.

 

Advance Mills Village Home Owners’ Board of Directors Meeting

March 21, 2006

Attendants: Mary Kostishak, Kip Newland, Jim Halter, Cliff Smith, Vic Terranova

Absence: None.

Mary Kostishak, the AMVHOA President, called the meeting to order at 7:05 p.m.

Annual Meeting: No date was set, but Mary will check with the Overstreets to determine what dates are available for the AMVHOA annual meeting. 

At the annual meeting a new board member will need to be elected as Jim Halter’s and Cliff Smith’s terms are expiring. Cliff agreed to stay on the board for another term.

Road conditions were discussed and it was agreed that the roads are in good shape at this time, with no patching needed. Cliff will check on the condition of the culvert at Marsh Run and let the board members know of his findings. Cliff stated that the small culvert near the end of Fray Road is presently ok. 

Annual dues was discussed, and it was agreed that they be increased for the next billing by 5%, as is allowed in the bylaws. Dues for 2007 will be $275.62. The timing of the billing and due dates were also discussed. It was suggested that future due dates be moved to March 1st of each year instead of the current January 1st due date. It will be discussed at the annual meeting.

Kip reported that the current treasury bank balance is $9,138.18, and that there are still two unpaid lots for 2006. He expects to collect from both of them soon.

It was agreed that the Association should purchase a Certificate of Deposit (CD) for $5,000, which would leave enough in the checking account to cover any likely expenses through the rest of the year.

Mary and Kip will look into getting a no-fee checking account to replace the current one which charges $17 per month.

It was suggested that a power pole be installed at the entrance to the development on Fray Road. The cost of maintaining it will be $10 per month. Cliff will check more on the details of having it installed. It will be discussed at the Annual Meeting.

Meeting was adjourned at 7:35 p.m.

Advance Mills Village Home Owners’ Board of Directors Meeting

April 11, 2005

Attendants: Tony Townsend, Kip Newland, Jim Halter, Cliff Smith, Mary Kostishak

Absence: None.

Tony Townsend, the AMVHOA President, called the meeting to order at 7:05 p.m.

Annual Meeting: The date of May 19, 2005 at 7:30 p.m. was set for the AMVHOA Annual meeting. (LATE NOTE: Meeting has been change to June 9, same time)

At the annual meeting a new board member will need to be elected as Tony Townsend’s term is expiring.

Tree stumps and vegetation overgrowth on Lot 35 (vacant) is effecting water runoff on Fray Road causing erosion on the North bank of the culvert. Repeated requests to get the owners to remove the vegetation has yielded little to no results. The Board decided that a work party could solve the problem in an hour or two. A date of April 23, 2005 at 8:30 a.m. was set. Cliff Smith will call “Miss Utility” to have utility lines marked.

At the time of the above mentioned work party, the crown vetch seeds will be dispatched onto the culvert banks. The vetch will (hopefully) help control runoff.

Cliff Smith reports that the road resurfacing should take place in the next 3-4 weeks. Kip Newland reports that after paying for the road resurfacing there will be approximately $2,000 in the treasury account.

Points of Interest:

Development plans for the 111-acre parcel boarding the South side of Advance Mills will be viewable at the County offices starting April 21, 2005. It was said that the development will consist of nine homes sites with a 75 acre preserve.

May 21, 2005 is Bulky Trash amnesty day at the county landfill.

Meeting was adjourned at 8:05 p.m.

Respectfully Submitted,
Mary Kostishak, Secretary

Advance Mills Village Home Owners’ Board of Directors Meeting

July 20, 2005

Attendants: Kip Newland, Jim Halter, Cliff Smith, Mary Kostishak, Vic Terranova

Absence: None.

The meeting was called to order at 7:10 PM

The Abandoned Property Amendment was discussed as was directed by the membership at the Annual Meeting. Mary agreed to write up a draft and submit it to the other Board Members for their comments.

The election of Board Members was discussed. Kip agreed to remain as the Treasurer, and Cliff as Vice-President. Mary will assume the role of President and Jim will be the Secretary. Vic will be the At-Large member.

A work party will be arranged for Saturday, September 17th at 9:00 AM to work on the South side of Fray Road at Lot 35. Work will include shoveling, seeding and filling in holes. It was decided that we did not need to have Steve Burnett’s help this time. 

Kip reported that the Association’s bank account balance was approximately $1,400, and that Dues for 2006 will be $262.50 per lot. 

Kip will talk to Jean about the annual picnic, concerning the date and making arrangements for it, and will contact board members with an update.

Kip will contact the Zauners concerning the $25 that they owe for the homeowners packet that they requested for Lot 34.

Mary will contact Steve Burnett about snow plowing for next Winter when the time gets closer.

The books of the Association have not yet been audited for 2004. Kip will check with Al Dougherty to see when he can do the audit.

Meeting was adjourned at 8:10 PM.

Advance Mills Village Home Owners’ Board of Directors Meeting

October 25, 2004
Attendants: Tony Townsend, Kip Newland, Jim Halter, Cliff Smith, Mary Kostishak Absence: None.

Tony Townsend, the AMVHOA President, called the meeting to order at 7:30 p.m.

Snow Removal: It was agreed that we would retain Steve Burnett again this year for our snow removal needs. Tony also stated that he would make sure the boxes of sand for the cul-de-sacs would be filled.
Road Repair: We have a current estimate to resurface (2 layers of tar and gravel) our roads and cul-de-sacs plus new road beds for the cul-de-sacs of $35,000. With oil prices at an all time high our true cost may be more come next year when the roads should be resurfaced.
Association Dues: The Association’s current funds plus the approximate $7,000 from 2005 dues add-up to approximately $31,700. This leads us with an expected short fall in funds for covering the expenses of repairing the roads, snow removal, and having any operating funds for emergency items. Since our by-laws allow the Board to raise dues by 5% a year beginning in 2000 and this has not been done, the Board decided to ask the Home Owners to allow us to retroactively raise the dues by this much so that the 2005 dues would be $250 per lot ($200 current due multiplied by 5% for 5 years). Since the increase in dues would not fully cover the anticipated shortfall, the Board will also ask for the approval of a one-time special assessment of $150. 
Treasurer, Kip Newland will compose and distribute the letter to the home owners.
Tony Townsend asked that Secretary, Mary Kostishak, check our Disclosure Packet List against the Code of Virginia’s list to insure that we had all items.
Treasurer, Kip Newland noted that the auctioned items at the picnic did not fully cover the cost of the picnic. Kip was kind enough to throw-in the additional $8 so we would break even.
Although it was not discussed at the meeting, we are all still grieving the closing of Krispy Kreme.
Meeting was adjourned at 8:23 pm.
Respectfully Submitted,
Mary Kostishak, Secretary

Advance Mills Village Homeowners Association
Annual Meeting - 2008

Tuesday, May 6, 2008

Mary Kostishak, AMVHOA President, called the annual meeting to order at 7:05 pm at the home of Bob and Nancy Overstreet ( 1800 Fray Road ).

Lots Represented:
1, 3, 4, 5, 6, 8, 9, 12, 13, 15, 16, 17, 20, 22, 23, 24, 26, 29, 30 (in person)
2, 7, 10, 11, 19, 27, 32, 34A (by proxy)
Quorum: Yes (27 of 35 lots represented)

Treasurer’s Report:
Kip Newland presented the Treasurer’s report. All regular dues had been paid with the exception of $145 in outstanding dues not yet received. There is also another $150 in dues on hand still to be deposited. There is a checking account balance of $8,742.43. Additionally the Association has $18,523.79 in CDs. The combined total is $27,266.22 as of March 8, 2008.

The Association money expended for bridge related activities was offset by member and community donations.

Al Dougherty agreed to conduct this year’s audit

HOA Dues

It was stated that the Board, at its February 2008 meeting, voted to increase the annual HOA dues by 5% to $310.  The 5% fee increase by the Board is consistent with the bylaws. The Board felt that the increase in the annual assessment should avoid the need for any special assessment for the expected higher costs related to road resurfacing.
Road and Culvert Repair:
Cliff Smith reported that there are some minor road cracks but the state of the road is generally good as are the culverts. Cliff mentioned that, due to the many layers of tar and gravel our roads now have, we might be able to extend the resurfacing for an additional year (2011).  The Association Board will revisit this idea closer to the resurfacing. Cliff reported there was some beaver activity again on the south side of the culverts but the spring rains washed them out.
Annual Picnic:
Barbara Stevens will again handle the planning for the annual picnic and the venue will, once again, be Barb and Greg’s lawn. Nancy Overstreet and Kermit Osserman will also be on the committee. Kermit also volunteered to be auctioneer.
 Board Members:
Kip Newland announced that, to help with the continuity in the work related to the Advance Mills Bridge, he has agreed to stay on an additional year (that makes two additional years for Kip) but would need to pass the Treasurer duties to another board member. Cliff Smith and Greg Kane continue as members of the Board. Mary Kostishak and Vic Terranova will retire. A motion was made to approve Tim Waterbury and George Ackerman to the Board. The motion was seconded. The motion was passed with no dissenting votes. 
The Board will meet in the near future to select the new officers.

Weeding and Mowing:
We needed two volunteers for weeding. Janee Libby and Dolly Feldman picked up the slack. 

Bridge:
After some discussion, it was decided that an AMVHOA bridge committee was needed.  The committee will meet to form ideas and develop plans for staying abreast of all happenings involved with the 743 bridge.  While the VDOT has said it was committed to getting the new bridge open in late 2009, we know that they have backed out on their word before.  For example, the temporary bridge. 
There are still obstacles to the bridge construction (hostile land owners, those wanting to preserve the bridge, budget constraints, government in general, etc.)  The committee would consist of at least two AMV Board members.  Current volunteers are Al Dougherty, Mimi Bender, Kip Newland (Board member), and Greg Kane (Board member).  Mary Kostishak asked to be kept in the loop as she would like to see the bridge through to completion but her pregnancy prevents her from being too active.  Others are welcome to join.  The bridge committee will meet to talk about their mission, discuss involving others in the community, etc.

Al Dougherty made a motion giving the Advance Mills Village Board  authority to authorize spending up to $750 on bridge activities (mailings and the like) between now and the next Annual meeting.  The Board must agree by majority vote.

Greg Kane seconded the motion.  Motion passed without dissent.

Open Business:
Contractor Referral List:  Again this year, Mimi Bender proposed developing a contractor referral list from homeowners who had positive experiences. Mimi offered to organize the list and Greg Kane offered to place is on the web site.

Emergency Response to AMV:  Jim Miller, who is intimately involved in local fire and rescue, updated the members on emergency response to our area. 

In case of fire, Station 12 (Hollymead Station at the airport) gets alerted first.  This station is a funded, staffed 24/7 station.  Simultaneously, the Greene County station on Route 33 is alerted.  The Greene county station is a volunteer staffed station and in another county.  They do not have to respond.  Earlysville is alerted next.

In cases where an ambulance is needed, again Station 12 is alerted first.  The next responder is the station on McIntire (the one all the way in town on the corner of McIntire and 250).  This is the case because the Greene County station and Earlysville do not have ambulance equipment.
Jim mentioned that he looked into being able to service, to some degree, our area.  Unfortunately, due to liability reasons, Jim cannot be allowed to carry and use special emergency equipment even though he is a trained professional.  Jim said you can call him and he can assist in anyway possible but it is best to call 911 first.

A motion was made to adjourn the annual meeting. The motion was seconded and approved without dissent. 

Respectfully Submitted,
Greg Kane
AMVHA Secretary

 

Advance Mills Village Homeowners Association
Annual Meeting - 2007

Thursday, July 19, 2007
Kip Newland, Treasurer AMVHOA President, called the annual meeting to order at 7:10 pm at the home of Bob and Nancy Overstreet ( 1800 Fray Road ).

Lots Represented:
1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 17, 18, 19, 20, 21, 26, 29, 30, 31, 32, 34 (in person or by proxy)
Quorum: Yes (24 of 35 lots represented)

Treasurer’s Report:
Kip Newland presented the Treasurer’s, and reported that all regular dues had been paid. There is a balance of $5,237.13 in our account. Additionally the Association has $13,127.24 in CDs. Al Dougherty conducted the audit and confirmed the $18,364.37 in total assets.

It was stated that dues would increase to $288.75. A motion was made to “round off” the increase to $290.00. The motion was seconded and approved without dissent.

Road and Culvert Repair:
Cliff Smith reported that there is some minor cracking but the state of the road is generally good. The road inspection appears we are 3 years away from the need to resurface.

Annual Picnic:
Barbara Stevens will again handle the planning for the annual picnic and the venue will, once again, be Barb and Greg’s lawn. Nancy Overstreet and Jean Newland will also be on the committee to help with it. 

Board Members:
Kip Newland announced that, to help with the continuity in the work related to the Advance Mills Bridge, Mary Kostishak has agreed to continue as President and Kip has agreed to continue on the Board as Treasurer as well. A motion was made to approve to continue Mary and Kip in their positions. The motion was seconded. The motion was passed with no dissenting votes. 

Open Business:
The need for more volunteers for mowing and weeding was discussed. I was agreed more would try and help.
Mimi Bender proposed developing a contractor referral list from homeowners who had positive experiences. Mimi offered to organize the list and Greg Kane offered to place is on the web site.  It was agreed that we will also track contractors where folks had negative experiences but that would not be put on the web site but be available upon request.

Bridge Discussion:
The Bridge Committee members, starting with Kip Newland gave a status on the bridge and recommended we all keep focused on the temporary bridge and the upcoming Board of Supervisors meeting and the bridge petition. The need to reach out directly to the surrounding community was discussed as well as the need for a strong statement in the form of a resolution from the AMVHA.
Kip Newland read the resolution. A motion was made to approve the resolution. The motion was seconded and approved without dissent. 
The importance of a large community meeting of the surrounding area was discussed. Barb Stevens and Mimi Bender volunteered to represent us in meeting with the neighbors and helping set up the “town hall” meeting a Spring Hill Baptist Church.  The need to spend funds for advertising the meeting, petitions, mailings and possibly advertising the AMVHA resolution in the local papers was discussed. A motion was made to spend the funds for advertising and move ahead with the large “town hall” meeting. The motion was seconded and approved without dissent. 
Mimi Bender proposed to organize a canvass group for the petitions. Barb Stevens and Greg Kane offered to assist, as did some others. A motion was made to approve the canvassing effort. The motion was seconded and approved without dissent. 
There was general agreement that the work of the AMVHA Board and Bridge Committee was appreciated by the member homeowners.
A motion was made to adjourn the annual meeting. The motion was seconded and approved without dissent. 

Respectfully Submitted,
Greg Kane
AMVHA Secretary

 

Advance Mills Village Homeowners Association
Annual Meeting

June 20, 2006

Mary Kostishak, AMVHOA President, called the annual meeting to order at 7:35 pm at the home of Bob and Nancy Overstreet ( 1800 Fray Road ).

Lots Represented:

1,2*,3*,4,5,6,7*,9,10,12,14,16,17*,20,21*,22,23,25,26*,29,30,32,34*

*=voted by proxy

Quorum: Yes (23 of 35 lots represented)

Treasurer’s Report:

Jim Halter presented the Treasurer’s report for Kip Newland, and reported that all regular dues had been paid. There is a balance of $9,642.18 in our account as of 5/31/06. The Board is looking into purchasing a Certificate of Deposit for the amount that isn’t expected to be needed in the near future. Jim noted that Wachovia currently has a CD offered at 5.25% annually for 11 months. It was also stated that dues would increase by 5% to $275.62 per year. 

Jim also volunteered to audit the books.

Road and Culvert Repair:

Cliff Smith reported that he has checked the culverts and there is no change evident. Garland Oliver has used Roundup to kill some of the growth on the hills above the culvert at Marsh Run. Mary reminded owners that they should keep a 10-foot clearance near the road for their lots, particularly the larger growth.

Annual Picnic:

Barbara Stevens will again handle the planning for the annual picnic. Nancy Overstreet will also be on the committee to help with it. It will likely be planned for a Sunday in September or October.

New Board Member:

Greg Kane has volunteered to become a Board member to replace Jim Halter, who is retiring from the Board. A motion was made to approve Greg as a new member. The motion was passed with no dissenting votes. Cliff Smith, whose term is expiring this year, will remain on the Board. The Board will meet to decide which members will hold which posts.

Open Business:

The increase in the deer population was discussed. It was mentioned that thinning of the herd might be an option, although many thought it would not be a viable option, since it is a regional problem, not just of our development. No vote was taken, and nothing was decided on the issue.

A streetlight was suggested for the entrance at the beginning of Fray Road . In general, most were not in favor of a streetlight, but were more open to the possibility of solar lights that would shine down to just light the entrance signs. No vote was taken, but the Board was asked to look into the cost of small solar lights.

Speeding has become an issue lately, with delivery trucks being a large part of the problem. It was suggested that we get larger speed limit signs than the one we currently have, one for incoming traffic, and one for outgoing. The Board will consider larger signs, as well as sending letters to offending businesses from the Association, warning them of possible repercussions. After that, it was also suggested banning repeat offenders from our roads. A reminder also to residents - please be aware of your speed on our roads. 

Trash collection was discussed. It was suggested that we look at getting a group contract with one of the three companies as a way to possibly reduce the monthly costs to users, and also to reduce the truck traffic coming into the neighborhood. Kip will look into getting prices from Dixon . It was noted that Dixon takes nearly everything, and that if we were to get a cheaper deal from them, we might also lose some service. One person mentioned that if we could get a contract for the entire neighborhood, that the cost could be included in the annual dues. Most disagreed with that, and the idea was tabled. The general consensus was to leave it as it is.

The bridge on Rt. 743 was the last topic discussed. Mary reported that she had talked to VDOT. They now have the buckle piece needed for the repair, but the weight of 2 SUVs would break it. VDOT is looking at limiting traffic, possibly with a lower height or a narrower entrance. It was mentioned that we should call Greene County in an emergency, but Tony Townsend said that they would not come. Greg suggested that the bridge needs more than a buckle, and that we should upgrade the bridge. Others agreed that we need a long-term solution. It was noted that the bridge repair is in the 6-year plan for the County, but there is currently no funding for it. Mimi Bender stated that a rescue squad at Hollymead is still in the works. Mary will ask Jim Miller about the possibility of having a Pegasus landing site in the area. Mary suggested that we form a bridge committee that would go to a Board of Supervisors meeting, and also contact our local representatives (David Wyant and Rob Bell). Mary and Mimi Bender and Greg Kane offered to be on the committee. Tony will find out when the next Board of Supervisors meeting is, and has offered to go, along with Mary and Greg and anyone else who wishes to go.

The meeting was adjourned by Mary Kostishak at 8:35 pm.

Respectfully Submitted,
Jim Halter
AMVHOA Secretary

Advance Mills Village Homeowners Association
Annual Meeting

June 9, 2005

Tony Townsend, AMVHOA President, called the annual meeting to order at 7:40 pm at the home of Nancy and Robert Overstreet (1800 Fray Road).

Lots Represented:

1,2,3,4,5,6,7*,9,10,11*,12,14,15,16,17,20,21,22,24,26,27*29,30,31*32
*=voted by proxy

Quorum:  Yes (25 of 35 lots represented)

Treasurer’s Report:

Kip Newland reported that all regular dues and special assessments had been paid.
After paying S.L. Williamson $35,640.00 for the resurfacing of our roads, there is a balance of $1,484.64 in our account.  This should be enough to get us through next winter’s snow removal as our plowing service totaled about $450 this past season.

Al Dougherty volunteered to audit the books.

Road and Culvert Repair:

Cliff Smith summarized the work that had been done in the West side main culvert pipe last year (cleaning out the beaver damn, removing debris, cutting the torn piping, and laying cement).  Cliff mentioned that he had checked the culvert and it looks fine.

The resurfacing by S.L. Williamson appears to have gone well with no points of contention.

Drainage Ditch on Lots 1,2, 34 and 35:

The rain run off from Fray road has not been properly draining due to ditch problems along these lots.  Because of vegetation and soil build up along lots 34 and 35, the water from this drainage ditch was running over the road in a South to North pattern onto the top of the culvert before draining into the North side of the culvert.  This was causing some road problems and culvert bank erosion. 

A work party was formed, and along with Steve Burnett’s backhoe, the larger plants and some soil were removed  from the ditch in front of Lots 34 and 35.  Crown Vetch was also planted along the culvert to prevent further erosion.

Further ditch clearing along lots 34 and 35 may be needed as well as along Lots 1 and 2.  Right now we are in a holding pattern to see how well this first pass cured the problem.

Annual Picnic:

Barbara Stevens, Nancy Overstreet, and Jean Newland all volunteered to organize this year’s picnic.  The picnic will likely be on a Sunday in October.

New Board Member:

After serving a freakishly long time, Tony Townsend has decided to retire from Board life.  Vic Terranova has volunteered to become a Board member.  A motion was made to approve the Board members of Vic Terranova, Kip Newland, Jim Halter, Cliff Smith, and Mary Kostishak.  The motion was seconded and passed with no descending votes.

The Board will meet to decide which members will hold which posts.

Open Business:

1. Kip Newland motioned that the Homeowners Association approve a rate increase of 5% for the 2006 Association dues.  This would increase the dues from $250 to $262.50.  Mimi Bender seconded the motion and it was passed with no descending votes.

 

2. Al Chapple brought up the idea of amending the Bylaws in order to have a way of dealing with unsightly items left for long periods of time near the road.  This was prompted by a neighbor who had left a large appliance at the end of his driveway for numerous weeks. 

After much discussion about warnings, time limits, fees, and the like, it was decided that the Board would be charged with the task of developing a policy about unsightly items.  Mimi Bender made the motion and Judy Tobin seconded. The motion was passed with no descending votes.

3. The Mowing/Gardening list was passed around as there were some blank months that needed filling in.  Final list:

Guardrails                               Entrance
            April                Al Doughtery                          Mary Kostishak
            May                 John Millard                            Carol Millard
            June                 Jim Halter                                Carol Saunders
            July                  Bill Johnson                            Judy Tobin
            Aug.                Jim Miller                                Greg Kane
            Sept.                Jay Sanderford                        Vic Terranova
            Oct.                 Garland Oliver                        Judy Townsend

Points of Interest:

Kip Newland inquired as to the level of interest in getting a master contract for garbage removal for the entire neighborhood.  Kip will call other trash removal companies and report back to the homeowners.  Participation would be voluntary.

Bob Overstreet reports definite sightings of foxes and a probable sighting of a coyote. 

Due to the abundance of wildlife in the area it is HIGHLY RECOMMENDED THAT YOU PUT YOUR TRASH OUT THE MORNING OF THE PICK-UP DAY.  

The subdivision on route 641 that backs to the southern edge of Advance Mills looks to have 8 lots of 2 to 5 acres.  There will be a large protected area of about 72 acres.  It appears that the positioning of the lots will not greatly effect the lots along Fray Road that boarder this new subdivision.

Jim Miller reports hearing that the bridge along 743 between us and Earlysville is now on the VDOT 6 year plan.

Advance Mill store is reported to be demolished within the next 30 days.  This was the case last year as well!

The meeting was adjorned by Tony Townsend at 8:30 pm.

Respectfully Submitted,

Mary Kostishak
AMVHOA Secretary