Frequently Asked Questions

Article IV, Section 2 of the Declaration lists permitted uses for assessment funds. The Board may choose to spend on these items, but is not obligated to maintain them. Examples include:

• Trash collection services
• Landscaping beyond the required common areas
• Hiring contractors and labor
• Legal, accounting, and professional services
• Insurance (liability and property)
• General HOA operations and administration

The Board decides how to allocate these discretionary funds within the annual budget.

Yes. The HOA arranges community-wide trash collection through American Disposal. Before 2004, the neighborhood was served by four different haulers coming on different days. In 2004, homeowners voted to consolidate to a single provider, simplifying pickup and reducing the number of trucks through the community each week.

No amendment to the Declaration was required. The Declaration explicitly grants the Board authority to provide “such services to the Members as may be determined by the Board of Directors (such as trash pick-up and removal, snow plowing, etc.)” — trash collection is a named example of a discretionary service the Board may fund through annual assessments.

The Board of Directors sets the annual assessment each year. The Declaration caps annual increases but the Board has broad discretion on how to allocate funds within the permitted purposes listed in Article IV, Section 2.

Dues are assessed equally per lot. Every lot owner in Shelter Lakes is a mandatory member of the HOA and is obligated to pay.

Yes. The Declaration sets a cap on how much the Board can raise annual assessments on its own:

• The Board may increase the annual assessment each January by up to the greater of the CPI increase or 20% — whichever is higher — without a member vote. (CPI = Consumer Price Index, All Items, Washington D.C. metro area, for the year ending the preceding July 1.)
• Any increase above that threshold requires a vote of more than 2/3 of each class of members at a duly called meeting.

Only if the item being repaired or improved is property the HOA is actually responsible for under the Declaration. The Declaration restricts special assessments to:

• Common Area (Parcels A, B & C)
• Trail Facilities
• Other property the HOA has an express maintenance obligation for

General landscaping beyond the required common areas is an optional spending item under the annual budget — not a required HOA obligation — so it generally cannot be the basis for a special assessment.

Additionally, even if an item qualifies, a special assessment still requires a 2/3 vote of all homeowners.

The By-Laws establish a Board of Directors that has typically consisted of three Directors, though the number could be adjusted. Each Director serves a one-year term — until the next annual meeting of the Members and until a successor is elected and qualified.

The Directors also serve as the Association’s Officers. At the first Board meeting after each annual election, the Directors elect from among themselves a President, Vice President, Secretary, and Treasurer. Because there have typically been three Directors and four officer titles, one Director typically holds two roles — Vice President and Secretary are commonly combined.

• President — principal executive officer; presides at all meetings; signs contracts and legal documents on behalf of the Association
• Vice President — steps in when the President is absent or unable to act, with full President authority
• Secretary — keeps meeting minutes, handles notices, and maintains membership records
• Treasurer — manages all Association funds and accounts

In practice, Shelter Lakes is governed by three people who collectively hold all Board and officer responsibilities.

The By-Laws address both situations directly.

Board vacancy: If a Director seat becomes vacant — due to resignation, removal, or otherwise — the remaining Directors continue running the Association and fill the vacancy by majority vote when ready. A replacement does not need to be found immediately. The By-Laws require a majority of Directors to constitute a quorum, so with a typical three-person Board, two remaining Directors still meet quorum and can conduct all normal business. Under the Virginia Nonstock Corporation Act, remaining Directors can even act to fill a vacancy if their number has fallen below quorum — the Board is never rendered inoperable by a single vacancy. The newly appointed Director serves only the unexpired portion of that term.

Officer vacancy: If an officer position becomes vacant for any reason, the Board fills it by appointment for the remainder of the term. No member vote is required in either case.

The Board has broad authority to manage day-to-day HOA operations without a homeowner vote, including:

• Setting and collecting annual assessments (within Declaration limits)
• Hiring contractors, vendors, and professional services
• Enforcing the Declaration and rules
• Entering into contracts on behalf of the HOA
• Managing the HOA’s bank accounts and funds
• Approving or denying architectural improvement requests

That discretion is not open-ended, however. Each year, the Board sets the annual assessment — after consideration of current maintenance costs and anticipated needs — and presents it at the annual meeting. That assessment defines the available budget. Within it, the Board may allocate spending among permitted purposes without further homeowner approval. Spending beyond the annual budget, including unexpected or unbudgeted expenses for Common Area or other HOA-responsible property, requires a special assessment — which needs a 2/3 member vote at a duly called meeting. Members don’t approve individual line items, but the annual assessment sets a real ceiling on what the Board can spend unilaterally.

The Board also cannot levy a special assessment, amend the Declaration, or take other major actions without a homeowner vote as specified in the governing documents.

Yes. A Director may be removed by a vote of the Members at a duly called meeting (no specific percentage is stated — a standard membership vote). The Board can also remove a Director for cause. A Director can only be removed without cause by a vote of the Members, not by Board action alone.

A vacancy created by removal, resignation, or other reason may be filled by the Board until the next annual election.

The annual meeting of homeowners is held once per year on a date set by the Board. The By-Laws require written notice to be sent to every member at least 10 days (and no more than 50 days) before the meeting.

Special meetings may be called by the Chairman of the Board, the President, or the Board of Directors. The President must call a special meeting if requested by one-third of the Members entitled to vote.

Each lot is entitled to one vote. If a lot is owned by more than one person, they collectively share that one vote and must designate one person to cast it. The Declaration establishes two classes of membership:

• Class A — all homeowners (one vote per lot)
• Class B — the original Declarant (developer), who held 4 votes per lot during the development period. Class B membership terminated upon specified events (e.g., the developer selling all lots or a set date), converting to Class A. This period has long since ended.

For regular membership meetings, a quorum requires the presence (in person or by proxy) of members representing at least 25% of the total votes entitled to be cast.

For meetings called specifically to authorize a special assessment or increase the assessment cap, the quorum is higher: members or proxies entitled to cast 40% of all votes of each class of membership must be present. If quorum isn’t reached, a follow-up meeting may be called; the required quorum drops to 20% at that subsequent meeting.

For Board meetings, a majority of the directors (2 of 3) constitutes a quorum.

Yes. The By-Laws allow any member to vote by written proxy. A proxy must be signed by the member and filed with the Secretary before the meeting begins. The By-Laws do not specify a maximum validity period for proxies.

Yes, for exterior improvements. The Declaration requires homeowners to submit plans and specifications to the Architectural Approval Committee and receive written approval before beginning any exterior construction, alteration, or addition. This includes:

• Additions or structural changes to the house
• Fences, walls, or outbuildings
• Driveways or significant landscaping changes
• Antennas or satellite dishes (subject to FCC rules)
• Any change affecting the exterior appearance of the property

Interior renovations that don’t affect the exterior generally do not require approval.

Email your plans and project details to the HOA Board. Include a description of the work, materials, colors, and dimensions as applicable. If more information is needed, the Board will follow up. Approval must be obtained in writing before beginning any exterior work.

The 1994 Architectural Guidelines (adopted as part of the First Amendment) specify standards for exterior materials and style. Key requirements include:

• Exterior materials: Brick, stone, or stucco preferred; must be compatible with existing neighborhood character
• Roofing: Architectural shingles in approved colors
• Mailboxes & lamp posts: Must match community standard
• Architectural style: Colonial, Victorian, or country styles consistent with the original construction

Fencing is addressed in Article V of the Declaration (Restrictions and Reservations). Any fence requires architectural approval before installation. Fences must be consistent with the community’s character and are subject to height and material restrictions.

Article V of the Declaration lists restrictions that apply to every lot in Shelter Lakes. Key restrictions include:

• Residential use only — lots must be used for single-family residential purposes
• Home occupations — limited home-based businesses may be permitted but cannot generate traffic, signage, or nuisances inconsistent with residential use
• Signs — limited to one “For Sale” sign per lot; no commercial signage
• Animals — Horses, ponies, and a reasonable number of household pets are permitted; no other livestock, birds, fowl, or poultry; all animals for domestic use only, no commercial breeding. (“Except for horse(s), ponies and a reasonable number of domesticated household pets, no animals, including birds, fowl, poultry or livestock, shall be maintained or kept on any Lot.”)
• Nuisances — no activity creating a nuisance, hazard, or unsightly condition may be maintained
• Vehicles — no commercial vehicles, boats, RVs, or inoperable vehicles stored in view

The Declaration gives the HOA (and individual homeowners) the right to enforce the covenants. The Board can:

• Send written notice of a violation and a reasonable cure period
• Pursue legal action to enforce compliance
• Seek injunctive relief (a court order requiring compliance)
• Recover legal fees and costs if the HOA prevails

The Declaration also allows any homeowner to bring a private action to enforce the covenants — enforcement is not limited to the Board.

The Declaration of Covenants runs with the land and automatically renews. The covenants do not expire on their own.

Amendments to the Declaration require a signed, recorded instrument executed by at least 75% of all lot owners. (The threshold was 80% during the first 10 years after recording in 1992, but that period has long passed.) The community has adopted two amendments to date:

• First Amendment (August 1994) — added the Architectural Guidelines
• Second Amendment (June 1996) — further modifications to the Declaration

Parcel A is the Tyler family cemetery located within the community, containing approximately 27,164 square feet (~0.62 acres). It is part of the Common Area and has been conveyed to the Association. The HOA owns and maintains the cemetery land and surrounding fencing.

The Declaration specifically provides that no permanent or temporary improvements, alterations, or changes may be made to Parcel A that would be inconsistent or inappropriate with its use as a cemetery.

Parcel B is a 0.50569-acre parcel that forms part of Lake Facilities No. 1 — the first lake in the community. It includes storm drainage and related infrastructure serving nearby lots, including components such as the dam, spillway, and outlet structures.

Parcel B is owned by the Association as part of the Common Area.

Under the Declaration, responsibility for maintenance, repair, and improvement of Lake Facilities No. 1 is shared among the designated Lake One Lots on a fixed pro rata basis: Lot 1 — 40%, Lot 2 — 40%, Parcel B — 20%. Decisions on expenditures are made by majority vote of the Lake One Lot owners.

All members of the Association are permitted to use and enjoy Parcel B, including activities such as walking along the shoreline and fishing, subject to any applicable rules.

Parcel C is a 0.67383-acre parcel that forms the core of Lake Facilities No. 2 — the second lake in the community. It encompasses the storm drainage easement associated with Lots 17, 18 and 19, including the dam, spillway, siltation traps, riser pipe, and outlet structures. Parcel C is owned by the Association as part of the Common Area.

As a “Lake Two Lot,” Parcel C shares maintenance costs for Lake Facilities No. 2 with Lots 18 and 19. All members of the Association may fish and walk along the shoreline.

Parcel C also contains a small island designated as a Wildlife Preserve — a protected nesting and resting habitat for ducks, geese, and other animals. The Wildlife Preserve must remain undisturbed in its natural state; no owner or member may enter it for any purpose.

No. The Declaration defines Common Area as Parcel A, Parcel B, and Parcel C only. These parcels do not include the lots along Shelter Lane where the fence is located, and the fence is not identified anywhere in the governing documents as Common Area or HOA-owned property.

No. The Entrance Feature is a specific easement area covering entrance signs and masonry features on designated lots. Article X, Section 4 assigns HOA maintenance responsibility only for improvements within that easement.

The perimeter fence is not within that easement and is not designated as part of the Entrance Feature.

No. Article IV, Section 2 allows HOA funds to be used for “exterior perimeter fencing on Shelter Lane”, but this is a permitted use of funds, not a requirement. The Declaration does not state that the HOA owns the fence or must maintain it.

Prior Boards exercised discretionary authority under Article IV to perform repairs and maintenance. Those actions were optional, did not establish ownership, and do not create an ongoing obligation.

The fence is located on private lots and is a private improvement. Under the Declaration, improvements (including fences) are constructed on individually owned Lots, are subject to Architectural Approval, and are not designated as HOA-owned.

No. The Declaration does not grant the HOA ownership, easement rights, or general access rights over the fence located on private lots.

HOA involvement with private property creates unclear authority, potential liability, potential disputes with lot owners, and expectations not supported by the governing documents.

The governing documents do not specify who installed the fence. What the Declaration does clearly establish is that:

• The fence is not included in Common Area
• The fence is not located within a recorded easement assigned to the HOA
• The fence is not designated as HOA-owned or HOA-maintained

When lots were conveyed to individual owners, any fencing on those lots remained a private improvement — unlike the entrance signs and masonry features, which are specifically defined and assigned to the HOA under Article X.

Only under limited conditions. The HOA may spend funds on fencing at its discretion under Article IV, Section 2. However, the HOA may not treat the fence as an HOA obligation or impose a special assessment for it unless the fence is first established as property the HOA is responsible for.

Special assessments are limited to Common Area, Trail Facilities, or other property for which the HOA has an express maintenance obligation.

Yes, but only through formal action. Options include:

• Amending the Declaration to assign responsibility for the fence to the HOA
• Creating recorded easements with the affected lot owners granting the HOA defined access and maintenance rights

Both require membership approval in accordance with the Declaration and cannot be done by Board action alone.