FALLS RUN COMMUNITY ASSOCIATION, INC
Minutes of the Meeting of the Board of Directors
10 March 2010
Members Present: Jake Bernard, Dan Owens & Piper, Tom Whalen, Bill Barnes, Toni Brown, Dot Foster, John Thrash
Members Absent: None
Others Present: Edward O’Connell, FRCA Attorney; Debbie Sutton, Property Manager
I. The Special Meeting of the Board of Directors to review Draft #4 of the Proposed Design Guidelines was called to order at 7:00pm in the Community Center by the President, Jake Bernard, who gave a short explanation of the meeting’s purpose and the history of the Design Guidelines update process.
II. Open Forum: The following topics were mentioned during this open forum:
a. A resident presented a “Call for Action”.
b. Need for a Modifications Committee.
c. Why was the right to appeal removed from the Proposed Design Guidelines?
d. Uneven enforcement of rules in the past.
e. Why are inspections conducted?
f. How can a resident get a copy of the list of items being reviewed by the Board/
III. Review of comments and suggestions from residents:
a. The Board agreed to work from the consolidated 104 item list prepared by the Secretary. Further, the Board agreed to decide action to be taken by consensus rather than by a formal motion on each item.
b. The Board considered the following items during this meeting. [item numbers correspond to their number on the consolidated list]
1/ Inclusion of the Villa Design Guidelines as an appendix to the Proposed Design Guidelines.
The Board deferred action pending input from the Villas Board.
2/ Who is responsible for the care of the strip between the street and the sidewalk?
No decision was reached on this item. It appears that it is possible that some owners property includes this strip and others do not. The FRCA Attorney advised no action until the ownership issue is clarified.
3/ Will the Board write a Summary of Changes to show how the revised Design Guidelines reflect the wishes of the community?
Yes, the completed Proposed Design Guidelines will contain a Summary of Changes highlighting the more significant changes made.
4/ Why was the right of appeal removed from the revised Design Guidelines?
Residents right of appeal is contained in AR# 09-09, Enforcement Policy and Procedures, dated 28 October 2009, and to include it here would be duplicative.
5/ Can shutters be added to all windows of a residence?
Shutters which comply with the requirements in the Design Guidelines may be added to all windows of single family homes.
6/ Why is a restriction placed on the number of artifacts?
To prevent untidy, cluttered front yards.
7/ Are hidden artifacts included in the count?
Hidden artifacts are not included in the count.
8/ How many artifacts does a Sheppard’s hook count as?
A Sheppard’s Hook is not considered a lawn artifact.
9/ Why are Sheppard’s hooks counted as an artifact?
See item #8 above.
10/ Why is there a 10-foot rule for determining the number of allowable artifacts?
The Board determined that the 10-foot rule is confusing and will delete this method of determining allowable lawn artifacts from the Proposed Design Guidelines.
11/ Can a fixed maximum number of artifacts be designated instead of numbering according to feet of property?
Yes. Maximum allowable number of lawn artifacts for James, York and Potomac models will be 5. Maximum allowable number of artifacts for all other single family homes will be 8.
12/ Faux rocks should be approved.
`The Board deferred action pending receipt of information regarding ventilation requirements of the equipment contained in the utility boxes throughout the community. Also, the specific language of the utility easements granted by del Webb may prohibit covering of these boxes.
13/ Why do the definitions of “private area” differ between the Proposed Design Guidelines and the CC&R’s? [Made smaller]
Private areas are not defined in the Declaration. They are only defined in the Design Guidelines. However, the Board noted that Stafford County Zoning Ordinances might have an impact on the size of private areas in some cases.
14/ Why do residents have to reapply for Modifications Committee approval if 180 days has elapsed since their request?
Article 8.4[c] of the Declaration requires re-submission to the Modifications Committee if work has not commenced within 120 days of approval of modification requests.
15/ Why are approvals required for modifications?
\
Article 8.4[a] of the Declaration requires prior approval of any Regulated Work.
16/ Are there any pre-approved items?
The Board will prepare a short-form “check-off” application for some items which owners may use in place of the regular forms.
17/ Items on decks are private concern of residents and should not be monitored.
The Board will parameters for deck furniture, chairs, etc.
18/ Why are the color and style requirements of the deck different between the Proposed Design Guidelines and the CC&Rs?
These requirements are only found in the Design Guidelines.
19/ Do decks have to match the color of the home or just be in harmony with the color of the home?
The decks color should be in harmony with the color of the home and others in the community.
20/ Why do deck boxes need approval?
The Board will establish size limits on deck boxes and include them on the short-form application process for additions to existing decks.
21/ Why do hose reels on decks not need approval?
Hose reels will also be added to the short-form application process.
22/ Will the owners of decks not presently in compliance with the requirements have to comply?
If existing violations are not corrected prior to the sale of the house, the resale inspection report will show that violations exist.
23/ Why have any restrictions at all for architectural modifications?
This is a requirement of Article 8.3 of the Declaration.
24/ Pet doors should be allowed.
Pet doors will be permitted provided that they lead to an area enclosed by a fence or other barrier to prevent pets from roaming off of the property.
25/ Since we are not allowed to feed wild animals, why are residents allowed to have bird feeders?
Bird feeders are permitted by Article 9.20 of the Declaration.
26/ The Proposed Design Guidelines do not reflect contemporary landscaping ideas.
The Board did not comment regarding this non-specific statement.
27/ The residents should be allowed to personalize their yards.
The Board does not disagree provided that all Regulated Work is approved in accordance with the Declaration and governing documents.
28/ The 10-foot restriction is too limiting.
The Board concurred. See item #11 above.
29/ Will owners who removed all trees from their lots be required to replace the removed trees?
Yes, unless the Modifications Committee has granted a variance to this requirement.
30/ Is approval required to remove a tree?
Yes, approval is required in advance.
31/ Why is treated wood, which can last for more than 20 years and does not need painting, not allowed for fences?
The Board will direct the addition of treated wood as an acceptable material for fences.
32/ Can an owner place a plate with a house number or owner’s names in the front of the house [private area]?
The Board will add this item to the “short-form” application process.
33/ Are holidays, other than Christmas, allowed for decorative lighting? If so, what other holidays?
Decorative lighting for holidays other than Christmas is permitted if approved in advance by the Modifications Committee.
34/ How can an owner verify that turf grass purchased at stores or nurseries meets the requirements in the Proposed Design Guidelines?
Virginia Tech publishes a recommended list of turf grasses for Northern Virginia each year. The current list is:
Category I – Recommended Tall Fescue Varieties (90–100% on a weight basis)
2nd Millennium, Avenger, Biltmore, Bingo, Blackwatch, Bravo, Cochise II(3), Cochise III, Constitution, Coyote II, Crossfire II(3,4), Davinci(3), Daytona(3), Endeavor(3), Falcon IV, Fidelity, Forte, Good-En(3,4), Grande(4), Grande II, Greenkeeper WAF, Guardian 21, Houndog 5, Hunter, Inferno, Justice, Magellan, Masterpiece, Matador(3), Matador GT(3), Onyx(3,4), Padre, Picasso(3), Penn 1901, Raptor, Rebel Exeda, Regiment II, Rembrandt(3), Southern Choice II(3), SR 8250(3), Taos, Tarheel, Tarheel II, Tempest, Titanium, Tombstone, Turbo, Ultimate(3), Watchdog, and Wolfpack.
Category II – Promising tall fescue varieties (may be 90–100% of the mixture on a weight basis)
3rd Millenium SRP, Aggressor, Aristotle, AST 7002, AST 7003, AST 9003, Braveheart, Bullseye, Cannavaro, Catelyst, Cezanne RZ, Cochise IV, Compete, Escalade, Einstein, Essential, Faith, Falcon V, Falcon NG, Fat Cat, Finelawn Xpress, Firecracker LS, Firenza, Gazelle II, Greenbrooks, Guardian 21, Hemi, Hudson, Jamboree, Lindbergh, Monet, Mustang 4, Ninja 3, Raptor 2, Rebel IV, Renovate, Reunion, Rhambler SRP, Rocket, Shenandoah, Shenandoah Elite, Sidewinder, Speedway, Spyder LS, SR 8550, SR 8600, SR 8650, Stetson II, Tahoe II, Talladega, Terrier, Titanium, Toccoa, Traverse, Trio, Tulsa Time, Umbrella, Van Gogh, Wolfpack II
(1) to
be considered for removal in 2010 due to declining performance relative to other
varieties.
(2) to be considered for removal in 2010 due to declining seed
quality.
(3) to be considered for removal in 2010 due to the absence of recent
testing of certified seed lots in MD and VA.
(4) to be considered for removal in 2010 due to lack of recent
testing in MD and VA.
35/ What is the purpose of a setback and why have it?
Setbacks are required to permit access to utilities, drainage and retaining walls without exposing the FRCA to substantial bills for repair or replacement of landscaping and other Regulated Work don in these portions of yards.
36/ Why is the setback different for different residences [12 vs 20 feet]?
Stafford County Zoning requirements, different lot sizes and the determination by the builder that all single family homes would have a 12-foot minimum rear private area all impact setback size.
37/ The Proposed Design Guidelines say that fountains and water features are restricted to backyards. Why was this restriction added, since fountains were approved in the past for front yards?
Article 9.25 of the Declaration does not restrict fountains to backyards only and this requirement in the Proposed Design Guidelines will be changed to agree with the Declaration.
38/ The Proposed Design Guidelines say that antennas are allowed if they cannot be seen by any neighbor or from the street. Where can owners install antennas on their roof to meet this requirement?
The Board agrees that this requirement needs to be rewritten. Article 9.7 of the Declaration and Federal law will be used to provide the basis for the rewrite.
39/ Why change the requirements for spotlights and barbeques? Spotlights installed by Del Webb were not all motion activated.
Requirements contained in the Proposed Design Guidelines do not represent any change from the present document.
40/ Why are the Villa Rules and Regulations included in the Proposed Design Guidelines?
To provide Villa owners with a sole source for requirements.
41/ What authority does FRCA have for including the Villa Rules in the Proposed Design Guidelines?
FRCA is the Master Association and Villa owners are members of FRCA.
42/ The Proposed Design Guidelines are too complex, complicated and long.
The Board had no specific comment but noted that the Proposed Design Guidelines eliminated many duplicative and repetitive items, clarified requirements, added an Index and is over one dozen pages shorter than the present Design Guidelines.
43/ How were the Proposed Design Guidelines drafted?
The Proposed Design Guidelines [Draft 4] have evolved through a long process:
a/ The Modifications Committee was asked to review and update the present version and encouraged resident imp0ut throughout the month of September 2009.
b/ The Modifications Committee forwarded Draft #1 to the Board in October 2009.
c/ The Board tasked the Ad Hoc Committee for Rules Enforcement to review and make recommendations in conjunction with the Modifications Committee.
d/ After a number of long, open meetings [most lasted 2-3 hours] and several re-writes, the Ad Hoc Committee forwarded Draft #4 to the Board for review and decision.
e/ The Board posted Draft #4 to the website, requested input from residents, and scheduled the 17 February Town Hall meeting.
f/ The Board is now in the process of reviewing in open sessions all 104 comments, questions and suggestions received from residents.
g/ At a later date to be announced, the Board will review the entire Proposed Design Guidelines and note such changes as they feel desirable prior to determining further action.
44/ Why not change/modify the CC&Rs to represent the wishes of the residents?
Procedures for amending the Declaration are contained in Article 14 of the Declaration and Virginia Law.
45/ The Modifications Committee should be composed of FRCA single family home owners except for a single member from the Villas.
All members of the Modifications Committee are volunteers. Villa residents are full members of the FRCA and eligible to serve on the committee.
46/ Why are 2/3s of the Modifications Committee members needed to amend Design Guidelines rather than just a simple majority of members?
The Board agrees that a simple majority of committee members is sufficient.
47/ Why does the Board have to approve amendments to the Design Guidelines?
Article 4.3 of the Declaration grants to the Board the right to make reasonable rules and regulations regarding the use of the properties.
48/ Do the Villas have their own Modifications Committee?
No.
49/ How and to whom do Villa resident owners submit modifications requests?
The FRCA Property Manager.
50/ Where do Villa owners go to locate requirements for Villa modifications?
Villa specific requirements are contained in the Villa Rules and Regulations which it has been proposed to publish as Appendix G to the Proposed Design Guidelines.
51/ Will the new Design Guidelines be enforced equally and aggressively or will only a few rules be enforced such as lawn maintenance or overnight parking?
It is the Board’s intent to enforce the Proposed Design Guidelines equally.
52/ Is it fair to owners who have followed all rules when the new rules have been relaxed to favor owners who have ignored or violated the old guidelines?
No. It is not fair.
53/ Who will monitor and enforce the rules and regulations which are hard to or impossible to enforce?
The FRCA Property Manager and the Modifications Committee.
54/ Should implement a system of resident self inspections providing each resident with a checkoff list for the residents to complete annually; thereby treating residents as responsible adults.
The Board deferred decision until a later date.
55/ There is no need for inspections of resident back yards.
Article 10.5 of the Declaration grants FRCA and its authorized agents a perpetual easement and right to enter all portions of the properties to make inspections to ensure compliance with the governing documents.
56/ A number of common projects should be allowed to be completed without application for or approval by the Modifications Committee or neighbors and as long as the projects conform to the Design Guidelines.
The Board partially agrees and has indicated above that a short-form application will be developed and used for some items. However, the Board again takes notice of Article 8.4[a] of the Declaration which requires applications for all Regulated Work.
IV. Open Forum: The following topics were mentioned during this open forum:
a. Villa Rules and Regulations should not be part of the Design Guidelines.
b. Voting procedures by the membership.
c. Mail the Villa Rules and Regulations to Villa owners as a separate insert when the Design Guidelines are mailed.
d. Voting to amend the Declaration.
e. Why do we have Design Guidelines?
f. Is a sign an artifact?
g. Solar energy collection units and pending legislation.
h. A number of specific questions were directed to the FRCA attorney who answered them.
V. At 9:52pm, a motion to adjourn was made by Dot Foster, seconded by John Thrash, and approved 7-0.
THOMAS J. WHALEN
FRCA Secretary
FALLS RUN COMMUNITY ASSOCIATION, INC
Minutes of the Board of Directors Meeting of 10 March 2010
/s/
By: Jake P. Bernard, President
I attest that the foregoing minutes were accepted and approved by the Board of Directors at a duly called meeting of the Board of Directors on 24 March 2010.
/s/
By: Thomas J. Whalen, Secretary