Owners are encouraged to attend regular meetings of the Board of Directors to stay informed and hear about the business of the Association.
Timberlake Community Association Board of Directors
Q. What is a Board Meeting and what occurs?
A. By the direction of the Board of directors, (resident volunteers) will gather to help oversee the property or community. Most often, Board will hold regular monthly Board of Director meetings on third Tuesday of any month. The meeting will cover a wide range of topics such as financials, property, residential living, and much more. The Board discussion is Board only. Most importantly, when conducting a meeting, the POA must follow their association bylaws provided in the CC&R, covenants, conditions, and restrictions. It should be noted that while Unit Owners are free to attend and observe each open Board meeting, they are only allowed to participate to the extent and in accordance with procedures established in the homeowner’s forum. This is a time (up to 3 minutes) to state your concerns, ask a question. The Board will take this under advisement, but this will research, and may be answered by email to the owner, or mass email, but not at the meeting.
Attendance of the Board meeting is for Business of the Board; hold any suggestions, concerns and questions till Homeowners forum. (Point of order)
Q. What is a Homeowners Forum?
A. Homeowners forum? What is this? It is not a Q and A session nor a place to break protocols. Owners should speak their concerns, however, the Board will take it under advisement and follow up at latter date.
Here are some guidelines to observe:
Although homeowners within the community are all neighbors, a board meeting is a corporate business meeting. Attendees should behave accordingly.
If a member would like to address the board, please have sign in when they arrive. They will be called in the order in which they signed up.
The homeowner forum is an exchange of ideas, not a gripe session.
To keep the meeting businesslike, it may be best for a member to refrain from speaking if they are particularly upset about an issue. Have them consider speaking later, speaking privately with a board member, or putting their concerns in writing and emailing them to the Board.
Only one person may speak at a time. Meeting attendees need to respect the opinion of others by remaining silent and still when someone else has the floor.
Each member will be allowed to speak for no more than three minutes. Meeting attendees need to respect the volunteers’ time by limiting their remarks.
If a member needs more than three minutes for the homeowner forum, the Board can have them put their comments in writing. Ask them to include background information, causes, circumstances, desired solutions and other considerations that they believe are important.
The Board of Directors in a homeowner’s association will not be able to resolve all member concerns on the spot, and they will choose not to argue or debate an issue with a member during the homeowner forum. Some items will be handle within 30 days of the meeting by mass email to the entire community; or a one off email to the owner.
Q. What does the Board have a duty to maintain in the Timberlake Community?
A. The purpose of the Association is to provide for the maintenance and preservation of the Common Areas, among other things. Articles of Incorporation, Article IV. The Board exercises for the Association all powers and duties not reserved to the members. Bylaws Article VII, Section 1(c). The powers and duties of the Board specifically include, without limitation, causing the Common Areas to be maintained, funding adequate reserves, procuring insurance and employing a manager, employees or contractors. Bylaws Article VII, Section 2 (e), (f), (h) and (j) and Bylaws Article VII, Section 1(e).
Q. What do the Common Areas include?
A. Common Areas are all areas owned by the Association and not owned by a community member. Declaration Article I, Section 2. The Common Areas include the amenities of the Timberlake Community Association. Costs associated with the Common Areas and some of the amenities include water, waste, grounds maintenance, electricity, building maintenance, etc.
Q. Who formulates the budget?
A. The manager prepares the proposed annual budget, and the Board of Directors is charged with approving the budget. Declaration, Article V, Section 1.D.
Q. What qualifications does the manager need to have?
A. The Board is mandated to have a professionally qualified manager. Declaration Article V.D. In Virginia, a community association manager (CAM) must be licensed. Va. Code Section 54.1-2346A. They must hold an active designation as an Accredited Association Management Company (AAMC) by CAI and have one or more the following certifications: Professional Community Association Manager (PCAM), Certified Manager of Community Associations (CMCA), Association Management Specialist (AMS). These certifications require courses, exams, and experience working in the industry providing management services. Included in these requirements is how to properly prepare budgets for community associations.
Q. Why have reserves and how are reserves determined?
A. Not only do the Bylaws require the Board to fund adequate reserves, but Va. Code Section 55.1-1826B requires the Board to conduct a reserve study at least every 5 years to determine the necessity and amount of reserves required to repair, replace, and restore the capital components; review the report at least annually to determine if reserves are sufficient; and make adjustments as the Board deems necessary to maintain adequate reserves. To the extent that the reserve study indicates a need to budget for reserves, the budget must include certain information. Va. Code Section 55.1-1826C.
Q. How does the Board carry out its duties and the Association's purpose?
A. The Board of Directors works diligently to use good faith business judgment in the best interest of the Association. For all this to happen, the Board of Directors works with “vendors”, the people and companies that do the work and provide the goods and services through contractual agreements between the vendor and Timberlake Community Association. While the Board has duties to maintain and preserve the Common Areas, employ personnel and provide for insurance, reserves, architectural control, and more, the Declaration limits the increase in the annual assessment, which is an arbitrary amount unrelated to the actual, reasonable needs of the Association. Declaration Article VII, Section 3.
Timberlake Community Association