- PREFACE -

There are some who don't understand what and why Homeowners Associations are created. 

Before a Subdivision is constructed the contractor and their lawyers get together and draw up what is called the Master Declaration of Covenants, Conditions, Reservations, Restrictions and Easements, Articles of Incorporation of the Homeowners Association and By-laws for that Subdivision. These Articles are approved by the County in which the Subdivision will be located. The above is also controlled by the Virginia Property Owners Association Act, Chapter 26 of Title 55-508.

When the homeowners outnumber the Contractors lots the Subdivision's Covenants and By-laws are turned over to the Homeowners who have purchased lots within the Subdivision. The homeowners elect a Board of Directors to see that the Association is run according to the rules set up and approved by the County. The Board is bound by the Covenants and By-laws of the Association. The Covenants cannot be changed without a vote of 90% of homeowners entitled to vote.

The Board main purpose is to promote the health, safety, recreation and welfare of the residents. To provide for the maintenance, preservation and architectural control of lots and common areas.

- DISCLOSURE -

The Holleybrooke Homeowners' Association, Incorporated (HHOA) of Holleybrooke Subdivision is a member of the Virginia Property Owners Association, and is subject to the regulatory provisions under Section 55-508, et seq., Chapter 10, Title 13.1 of the Code of Virginia, of 1950, as amended.

Under the provisions of the Code, the HHOA and/or any realtor or real estate agent is required to disclose/provide information to prospective home buyers regarding HHOA's Covenants and By-Laws - a set of documents containing articles of the Bylaws and the Declaration of Covenants, Conditions, Reservations, Restrictions, and Easements that govern all lots in Holleybrooke Subdivision.  The set of documents, which is paid for by the person selling the property at a cost of $75.00, addresses financial obligations of property owners, as well as certain rights, responsibilities, and benefits to residents who live within its common-interest and restrictive community.  In retrospect to the Code, any prospective home buyer, before closing on a home, has the option to legally terminate a contract within 3 days of his receipt of the disclosure documents.

The disclosure documents also address issues that include the right of homeowners to use common areas such as swimming pool, park, playground, and other recreational facilities.  In order to finance for the management and operation of the Holleybrooke community, each homeowner is required to pay regular assessments, and if necessary, special assessments to ensure that funding requirements are satisfied.  For the year 2008, the homeowner dues entail a lump sum payment of $236.00.  (Annual homeowner dues may be increased each year not more than five percent above the previous year's without a vote of the membership; or, may be increased more than five percent by a vote of two-thirds of each class of members who are voting in person or in proxy at a meeting duly called for this purpose.)  A late fee charge of $25.00 is imposed on payments that are received after the posted due date. Late fees are not charged if a partial payment is received prior to the due date.  However, all fees must be fully paid prior to receiving a pool pass.  Failure to pay any assessments will result in legal action being taken.

Generally, decisions for the HHOA are performed by the Board of Directors.  Other types of decisions, however, may require respective votes by association members and current property owners of Holleybrooke Subdivision.  As applicable, all residents are required to comply with the decisions made the Association and/or its Board of Directors.  Violations against any decision may potentially result in undesirable legal action/s.  In conjunction with the decisions, all residents are required to maintain strict compliance with the restrictive provisions of the Covenants and By-Laws and all its incidental rules and regulations.  Owners of rental properties must ensure that all their tenants are properly advised of and comply with the provisions of the covenants and bylaws.  Any relevant infractions or violations committed by renters is the responsibility of respective property owners.

The following are brief, respective enumerations of the articles under HHOA's Covenants and By-Laws:

Homeowners who did not receive their set of HHOA Covenants/Bylaws documents during their acquisition of property should contact their respective real estate agency or builder.  For a fee of $75.00 each, additional copies can also be obtained by sending a written request to the following address below.

Holleybrooke Homeowners' Association, Inc.
P.O. Box 1088
Spotsylvania, Virginia 22553