COUNTRYSIDE ON LAKE ANNA ASSOCIATION, INC

A Non-profit Virginia Corporation

 

Background: When the developer, Winston Land Corporation, created Countryside on Lake Anna subdivision on 1 May 1979, a DECLARATION of RESTRICTIVE COVENANTS was filed in the land records of Louisa County.These “covenants” assigned to the 58 Countryside lots an equal and undividable share in the common area (boat docks) which conveys as part of the title to each lot. Unfortunately, when this filing was done, the developer neglected to specify a mechanism for collecting funds andadministering the maintenance and improvement of the common area which is owned equally by all lot owners. He also did not set up a Property Owners Association (POA) that could take on this job.

In 1988, several lot owners met and discussed the question of how we as a community of lot owners would fund and manage maintenance to the boat dock and launch area. An additional discussion subject was the question of legal liability in case someone were injured while on the common property and filed suit against individual lot owners. Most home owner insurance policies do not protect against this contingency, and additional insurance is required. At that time the decision was make to form a non-profit Association to act in the interest of all lot owners to administer the common area, including the collection of funds from each of the lot owners to cover prorated costs for common area maintenance. Also, acting as “agent” for all lot owners, the Association through its Board of Directors assumed the role of monitoring the Declaration of Restrictive Covenants that are imposed on all Countryside lots to ensure no serious abuses brought to the Associations attention went uncorrected.

Once the Association was chartered as a Virginia Corporation, each lot owner was mailed an invitation to transfer their interest in the common area to the Association. The advantage of doing so was to place in the name of the new association the legal responsibilities for the common area, thus shifting liability from the lot owners to the association in case of any law suits. In return, the association would provide for the care and administration of the common area, assuring members' access to a properly maintained facility. This will protect property values because future lot buyers will not discover an abused and deteriorating common area as theydecide a fair price to pay. A further advantage is that individual lot owners are not required to establish a Reserve Account to pay for their share of future repairs and replacements – a legal requirement in Virginia.

Today (October 2013), 33 property owners have officially and legally transferred their common area interests to the Association, and are full voting members of the Association. Thus the Association owns 57% of the common area and is the majority shareholder.

 

Governance: The association is governed by a Board of 9 member-elected Directors. Bylaws have been established that outline the operating authorities and responsibilities of the Association and it Board. In keeping with its charter, the Board sets an annual budget for maintenance of the common area assets, approves the Reserve Study that guides the collection of Reserve Account funds for future repairs and replacements, and maintains the facilities and capital assets of the Association. Since every lot originally owned an equal but undivideable share in the common area, the Association sets annual lot fees charged to all lots, whether members of the Association or not, to pay for required maintenance and the Reserve Account on behalf of all lot owners.

At the present time, the County of Louisa provides copies of all Countryside lot building permits requesting POA comments. If the building request does not conform to county ordinance, or community covenants, the County can then request modification of the building permit. The Board has on occasion sponsored community picnics and hosted some amenities. It also takes up causes against local projects that in the view of the Board will detract from safety or property values in Countryside, such as high density development nearby, advocating water safety along the shores of Countryside, and lake water quality issues. On several occasions the Association has provided testimony at public hearings and urged Board of Supervisor support for county code changes.

In addition, the Board receives occasional complaints from the lot owners and, if the complaint involves a violation of the covenants, discusses these in open meetings. The Board then follows up with the offending lot requesting appropriate corrective action.

 

Document provided by Tom Nyman