What is a homeowner’s association?
It is a non-profit corporation registered with the State and managed by a duly elected Board of Directors (there are 3 in RFHA: President, Treasurer, and Secretary.) Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: CC&Rs, Bylaws, and Articles of Incorporation. The governing legal documents for the association may be viewed online within the Resource Center page of this site. The corporation is financially supported by all members of the homeowners association. Membership is both automatic and mandatory.
What are the CC&Rs?
The Covenants, Conditions and Restrictions (CC&Rs) are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The CC&Rs were recorded by the County recorder’s office of the County in which the property is located and are included in the title to your property. Failure to abide by the CC&Rs may result in a fine to a homeowner by the Association. The governing legal documents for the association may be viewed online within the Resource Center page of this site.
What are the Bylaws?
The Homeowner’s Association again is a corporation and therefore a governing body that is required to oversee its business. The Board of Directors is elected by the homeowners, or as otherwise specified in the bylaws. The limitations and restrictions of the powers of the Board of Directors is outlined in the Association governing documents found within the Resource Center page of this site.
What is the Board of Directors?
The Homeowner’s Association again is a corporation and therefore a governing body that is required to oversee its business. The Board of Directors is elected by the homeowners, or as otherwise specified in the bylaws. The limitations and restrictions of the powers of the Board of Directors is outlined in the Association governing documents found within the Resource Center page of this site.
Are there any other rules?
Most associations have developed Rules and Regulations as provided for in the CC&Rs and adopted by the Board of Directors. Rules are established to provide direction to the homeowners for common courtesies with regard to parking, vehicles, pets and pool use hours (if we had one of those), etc. In addition, your Association will adopt Architectural Guidelines with procedures for submitting requests to make exterior changes to your home. Such changes may include patio covers, decks, landscaping, exterior color changes or extensive interior changes and additions. These rules and guidelines are set up to maintain the aesthetic value and integrity of the community on behalf of all owners, and hopefully protect the market value of your investment as well. Violations of these rules may result in action by the Board of Directors and a fine. In addition, if you proceed with an exterior improvement or change, without written approval of the Board of Directors, or Architectural Committee, as applicable, you will be required to remove or correct the alteration and/or be fined for the violation. For more information about this topic visit the Resource Center page of this site.
If I am having a problem with a neighbor for a violation of the Policies and Guidelines, what can I do?
If residents cannot resolve a situation between themselves, then turn to your Association. Should you have a situation that does not appear to be resolved through neighborly means, and you are willing to actively participate in the enforcement provided by the Policies and Guidelines, you may complete a Covenant Violation form online. The Violation form may be found within the Virtual Management Office page on this site. If the situation is deemed in violation of the Policies and Guidelines, the Board of Directors will institute the enforcement policy. Your continued assistance may be required.
Are Board Meetings open to all residents? If so, where and when are they held?
Yes. Notice of the time and place of any regular board meeting will be noted in the online community newsletter (this site), or accessed online on the Calendar page. They’re usually held at Kingstowne Library on the first Monday of the month. According to state law, the board may meet in executive (closed) session under the following circumstances:
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to consider personnel matters;
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to consult with legal counsel;
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to discuss and consider contracts;
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to discuss and consider pending or probable litigation; or
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to discuss and consider matters involving violations of the declaration or rules and regulations adopted pursuant thereto.
The procedure for using executive (closed) sessions involves a motion and compliance with certain caveats as follows:
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“I hereby move that the Board go into executive session for the purpose of discussing and considering <insert the topic of discussion/consideration>”
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The motion should be seconded, passed, and recorded in the minutes
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Discussion in executive session must be limited to subject(s) covered by the motion
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Any decisions relating to the topic discussed must be made by motion, made and voted on in open session
(Source for executive session information: Segan, Mason & Mason, P.C., www.seganmason.com)
If I want to serve on a committee, how do I find out what committees are active and how I can get involved?
The RFHA Contacts page of this website will inform you of the status of current committees organized and committee contact information. If you are interested in volunteering, please contact the committee chair or fill out the online volunteer form found on the Virtual Management Office page of this site.
What is my assessment (often referred to as “dues”)?
The assessment (or dues) is the periodic amount due from each homeowner to cover the operating expenses of the common area and provide for reserve funds for replacement of common facilities in future years.
Dues are paid to the Raceway Farms Homeowners Association once each year with the billings mailed out in early January and the due date set each year for some time in February. Currently, the dues are set at $120 per year. These dues are used for common area maintenance to include mandatory insurance for those areas, community web portal, postal expenses, as well as other costs incurred throughout the year. Payments can be made online here on the website or by mailing your check, made out to RFHOA to:
Raceway Farms Homeowners Association
P.O. Box 448
Newington, VA 22122-0448
How is the amount of my assessment determined?
Fairfax County typically requires an initial budget from the developer for each community that a developer proposes to build. This budget is set upon specific guidelines for utilities, landscaping, administration, etc. Reserve funds are monies set aside for future expenses due to the life expectancy of certain items: lighting, street resurfacing, pool equipment, etc. These amounts are then divided by the number of units built in a given phase of the development. Subsequent budgets are developed by the Board of Directors and adjusted periodically to meet anticipated expenses.
Will my assessment go up?
There is no concrete answer to this. Typically the Civil Code provides for annual increases, but not to exceed 20 percent per year without the vote of the membership. The Board of Directors may approve an increased budget, increasing your assessment up to this percentage in order to cover increased costs of operating and maintaining the common area and sufficient reserve funds. Currently, assessments can be raised up to $100 by the board without membership voting. No increase is not planned at this time.
What happens if I don’t pay my assessment?
The maintenance and management services incurred by the Association are dependent upon timely receipt of the assessments due from each homeowner. Late payments will result in a late charge as assessments are due within 30 days of billing. In addition, the CC&Rs allows the Association to charge late charges and interest and proceed with a lien on your property, or foreclosure proceeding for nonpayment of assessments.