Notice of the Association’s Annual Meeting — Thursday, November 20, at 7pm at Cameron United Methodist Church, 3130 Franconia Road, was sent by U.S. mail October 20.
Enclosed with that notice was a proxy ballot — providing an opportunity to vote on the two main items of business:
- The proposal by the Board of Directors to make an amendment to the HFHOA Declaration of Covenants.
- The election of three Board members with terms to expire in November 2017.
When Huntington Forest was developed and the Huntington Forest HOA was established, a Declaration of Covenants, Conditions and Restrictions was filed in February 1981 with Fairfax County.
The HFHOA Board of Directors and the Association’s legal counsel recommend updating the Huntington Forest Declaration. A number of provisions relate to the early years of HFHOA and are no longer applicable. Laws passed by the U.S. Congress and/or the Virginia General Assembly have overridden some provisions.
In 1981 Virginia law provided that HOA Declarations could be amended only with 75% approval of the HOA’s members. In 1999 the Virginia General Assembly lowered the required approval margin from 3/4ths to 2/3rds, in order to make it easier for HOAs to amend their declarations.
The current HFHOA Board is recommending that the 2015 HFHOA Board undertake, as a priority task, the updating of the Huntington Forest Declaration. Any amendments that might be proposed next year should be discussed in an open meeting and would, of course, be subject to the approval of HFHOA members.
The Board is asking that, at our November 20 meeting, the HFHOA lower the approval margin for Declaration amendments to a 2/3rds majority of homeowners, as is permitted by Virginia law. The proposed new wording — “Any such amendment shall have the assent of two-thirds of the votes of the lot Owners.” — can only be interpreted as 2/3rds of all homeowners, not just of those voting. Amendments with less than a 2/3rds majority of all homeowners are not allowed by Virginia law.
The Board solicits approval of this amendment. Please vote the proxy now.