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BY-LAWS
OF
HILLSDALE COMMUNITY ASSOCIATION


ARTICLE I

NAME AND LOCATION. The name of the corporation is Hillsdale Community Association, hereinafter referred to as the “Association.” The Principal office of the corporation shall be located at 10521 Judicial Drive, Suite 100, Fairfax, Virginia 22030, but meetings of members and directors may be held at such places within the State of Virginia as may be designated by the Board of Directors.


ARTICLE II

DEFINITIONS

Section 1. “Association” shall mean and refer to Hillsdale Community Association, 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. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners.

Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

Section 5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, or equitable or beneficial title (or legal if same has merged) of any Lot. The foregoing does not include persons or entities who hold an interest in any Lot merely as security for the performances of an obligation. The term “Owner” shall not include a Developer, who for this Declaration shall be defined as a builder, contractor, investor or other person or entity who purchases a Lot in Hillsdale for the purposes of resale thereof to a Public Purchaser, or for the purposes of constructing improvements thereon for resale to a Public Purchaser.

Section 6. “Declarant” shall mean and refer to Lakepointe Development, Corporation, its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

Section 7. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties recorded in the Office of Clerk of Court, Fairfax County, Virginia.

Section 8. “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration.

Section 9. “Public Purchaser” shall mean any person or other legal entity who becomes an Owner of any Lot within Hillsdale.


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 incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of __________ o’clock ____ If the day for the annual meeting of the matters is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.

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 one-fourth (¼) of all the votes outstanding in either class of 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, by mailing a copy of each notice, postage prepaid, at least fifteen (15) days before such meeting to each member entitled to vote thereat, addressed 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 vote or of proxies entitled to vote, one-tenth (1/10) of the votes 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. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lots.


ARTICLE IV

BOARD OF DIRECTORS: TERM OF OFFICE

Section 1. Number. The affairs of this Association shall be managed by a Board of not to exceed nine (9) in number but not less than three (3) directors, who need not be members of the Association. The Board shall determine the initial number of Board members, however, upon cessation of the Declarant’s class of membership as more fully defined in the Declaration, the Members of the Association shall determine the number of Board members.

Section 2. Term of Office. The Board of Directors shall be divided into three (3) classes of membership as near equal in number as possible, with the term of office of one class expiring each year. At the first annual meeting of members, directors of the first class shall be elected for three (3) years, the members of the second class shall be elected for two (2) years and the members of the third class shall be elected for one (1) year. Thereafter, at each annual meeting of the members, the successors to the class of Directors whose terms shall then expire shall be elected for a term of three (3) years. When the aggregate number of directors is changed, any increase or decrease shall be so apportioned among the classes so as to make all classes as nearly equal in number as may be possible. No decrease in the aggregate number of directors shall shorten the term of any incumbent director.

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

Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.

Section 5. 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 the 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 subject to procedural rules adopted by the Board. Such rules shall not be established so as to exclude any member desiring to be a candidate or desiring to submit the name of a candidate from so doing. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two 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. Such nominations may be made from among members or non-members.

Section 2. Election. Election to the Board of Directors shall be by secret written ballot. 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 monthly without notices, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.

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 power to:
(a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;
(b) suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period riot to exceed sixty (60) days for infraction of published rules and regulations;
(c) 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;
(d) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and
(e) 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 Class A Members who are entitled to vote;
(b) supervise all officers agents and employees of this Association, and to see that their duties are property performed;
(c) as more fully provided in the Declaration, to:
(1) fix the amount of the annual assessment against each Lot at least thirty (30) days In advance of each annual assessment period;
(2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same.
(d) 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 of Directors for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;
(e) procure and maintain adequate liability and hazard insurance on property owned by the Association;
(f) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
(g) cause the Common Area to be maintained;
(h) approve an annual budget.


ARTICLE VIII

OFFICERS AND THEIR DUTIES

Section 1. Enumeration of Officers. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, and a secretary and treasurer.

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 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 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

(a) 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 leases, mortgages, deeds and other written instruments and shall co-sign all promissory notes, and checks from such accounts as the Board may from time to time determine. He shall make appointments of Committee Chairman of all Standing Committees.

Vice—President

(b) the vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.

Secretary

(c) the secretary shall record the votes and keep the minutes of all 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

(d) the treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall cause the disbursement of such funds as directed by resolution of the Board of Directors; shall co-sign all promissory notes and checks from such accounts as the Board may from time to time determine; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall be the chief officer responsible for the preparation of an annual budget and a statement of income and expenditures to be represented to the membership at its regular annual meeting, and deliver a copy of each to the members.


ARTICLE IX

COMMITTEES

The Association shall appoint a Nominating Committee, as provided in these By—Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.


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 which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney’s fees of any such action shall 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 Common Area or abondonment of his Lot.


ARTICLE XII

CORPORATE SEAL

The Association shall have a seal in circular form having within its circumference the words: Hillsdale Community Association.


ARTICLE XIII

AMENDMENTS

Section 1. These By—Laws may be amended, at a regular or special meeting of the members, by a vote of three-fourths of the members present in person or by proxy, provided, however, that in the event VA and/or FHA have issued or guaranteed mortgage loans outstanding, such amendment shall require the approval of such agency.

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 each year, except that the first fiscal year shall begin on the date of incorporation.

IN WITNESS WHEREOF, we being all the Directors of Hillsdale Community Association have hereunto set our hands this day of __July 1______ 1985

Leonard I. Abel
Marvin L. Kay
Thomas L. Knoll



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Architectural Guidelines Summary

CLICK HERE to view the complete guidelines online

In an effort to maintain the appearance of the homes and yards in our community, the HCA utilizes a home inspection program that enforces the standards and policies set forth in both the Architectural Guidelines and Standards and the HCA Declaration. During the spring and fall months, our ACC representative inspects the exteriors and yards of the town homes for architectural violations. If a violation is noted, there will be ample time provided to correct the violation. If the violation remains un-corrected, a final notification is made and monetary fines will be levied until appropriate action is taken to correct the deficiency.

Remember that as members of the Association, all residents are obligated to comply with these standards and policies. Your cooperation helps to enhance the aesthetic appearance of Hillsdale and improve property values.

“Any exterior additions, changes or alterations to any building, fence, wall or other structure by any homeowner requires the written approval of the Architectural Control Committee.” An application must be submitted in writing to the ACC at least 60 days before commencement of any work. “In the event that construction is initiated prior to the receipt of written approval, owner bears all risks and liabilities if the application is not approved by the Architectural Control Committee.”

An ACC Project Request Form has been provided for your convenience. Our ACC Director or any other board member can answer any questions you may have about your request.



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Environmental Guidelines

AAA Trash and Recycling is the company we contract for services in the Hillsdale Community.

"Trash Removal:

  • The Board of Directors strongly recommends the use of trash cans.
  • Trash bags may be used provided they are heavy duty plastic. Grocery type plastic bags should not be used.
  • Trash should be placed out for pick-up Tuesday and Friday mornings.
  • Trash cans may be placed out no earlier than 5:00 PM the evening before collection.
  • Trash bags should be placed out no later than 7:00 AM the morning of pick-up. This will allow less time for the crows, etc. to invade the trash.
  • Trash cans must be removed from the pick-up area as soon as possible after pick-up to avoid creating an eyesore.
  • Trash cans must be stored in the rear of your home and not on porches.

    • Recycling:

  • AAA provides pick-up of recycling every Friday morning.
  • Recycling may be placed out no earlier than 5:00PM in the evening or no later than 7:00 AM on Tuesday morning.
  • AAA accepts newspapers, glass, aluminum or steel cans, and plastic bottles #1 and #2.
  • AAA provides one yellow recycling bin per resident at no charge. Additional bins can be obtained for a small handling fee by calling AAA at (703) 818-8222.
  • Recycling bins must be removed from the pick-up area as soon as possible after pick-up to avoid creating an eyesore.
  • Recycling bins should be stored in the rear of your home and not on porches.

    • Yard Waste Recycling:

  • To dispose of large branches, tree stumps, or dead shrubbery, cut to manageable length (less than 3 feet), bundle with string and set out in the pick-up area for pick-up on Friday morning.
  • The board urges residents not to dispose of large debris in the wooded areas of the community. The excess debris clutters these areas and suffocates the natural plants.

    • Pet Waste:

  • Our community’s Architectural Guidelines, as well as Fairfax County Ordinance Section 41, requires pet owners to remove their pet’s litter from the common areas and from property other than their own. Violating residents run the risk of being fined by the Fairfax County Health Department.
  • HCA thanks conscientious, law-abiding pet owners who keep the neighborhood clean for residents. Everyone, especially children who play in the common areas, appreciates your efforts.
  • If you observe any resident ignoring County law please report the violation by calling (703) 246-2411.
    • Safe Disposal of Household Hazardous Waste (HHW):

  • DO NOT DUMP any hazardous waste products around homes or in common areas. Fairfax County offers an ongoing program for the safe disposal of HHW. These items include aerosol sprays, automotive fluids, varnish and stains, oil-based paint (latex paint is not considered caustic and can be disposed of with refuse, once dry), paint thinners, gasoline, kerosene and pesticides.
  • To properly dispose of HHW materials pour them into clean, airtight containers and bring them to:

    • I-66 Citizen’s Recycling and Disposal Facility

    4618 West Ox Road
    Thursday from 1:00 PM – 5:00 PM
    Friday from 8:00 AM – 12:00 PM
    Saturday from 9:00 AM – 4:00 PM

    All waste must be labeled. For more information call (703) 324-5068.



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    Parking Regulations

    Breaking parking rules will break your piggy bank. The cost of towing and storing a vehicle can run as high as $250! Our towing company, King Towing, regularly patrols HCA and has standing authorization from the HCA Board of Directors to tow vehicles that are in violation of the Parking Guidelines. That is why it is important that you – and your visitors – know the HCA Parking rules.

    The HCA endorses strict compliance with these policies, which are designed to assure ready access to emergency and service vehicles; maintain the attractive appearance of the community; and help keep insurance rates low. Please be considerate of fellow residents by obeying the following guidelines:

  • Informing Guests of Parking Regulations – Owners and tenants are reminded that it is their responsibility to inform their guests of the community’s parking rules and to ensure that all guests abide by them.
  • Assigned Parking – Two spaces per town home are assigned by HCA. If you are new to the community and do not know which spots are yours, contact the Parking & Safety Director.
  • If a non-resident parks in our spot, try to locate the owner of the vehicle. If you are unsuccessful in locating the owner and if the vehicle remains in your spot for a significant period time, contact Advanced Towing.
  • No Parking along Yellow Curbs unless otherwise indicated on the curb. Anyone parking along the yellow curb is subject to towing at anytime.
  • No Parking on Corners or near Fire Hydrants – Fire trucks need ready access to our streets and to fire hydrants.
  • Recreational/Commercial Vehicle Parking – No boats, trailers, campers, motor homes or commercial vehicles are allowed in the community.
  • Inoperable/Abandoned Vehicles – Any vehicle left unmoved for 14 consecutive days, without written permission from the Board of Directors, is subject to towing.


    • If your vehicle is towed,
    please call King Towing
    703-352-5288

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