KENSINGTON SQUARE HOMEOWNERS ASSOCIATION

Policy Resolution 12-05

 

KENSINGTON SQUARE HOMEOWNERS ASSOCIATION, INC. POLICY RESOLUTION NO. 12-05

(Requests for Examination and Copying of the Association's Records)

WHEREAS, Article VI, Section 1 of the Declaration of Covenants, Conditions and Restrictions ("Declaration") of the Kensington Square Homeowners Association ("Association") provides that the Board of Directors shall have all powers to conduct the affairs of the Association, including the power to adopt rules and regulations; and,

WHEREAS, Section 55-510 of the Virginia Code obligates the Association to provide its members who are in good standing with the right to examine and copy certain records of the Association, subject to certain procedures approved by the Board of Directors; and

WHEREAS, pursuant to House Bill 1741 from the 2011 General Assembly Legislative Session, the Association, by no later than July 1, 2012, must adopt a cost schedule policy that: i) specifies the charges for materials and labor; (ii) applies equally to all members in good standing; and, (iii) is provided to any member requesting to review and/or copy the Association's books and records at the time the request i: made; and

WHEREAS, the Board has decided that it is in the best interest of the Association to adopt such a written policy regarding record keeping, access and production, in order to comply with its pending statutory obligation;

NOW, THEREFORE, BE IT RESOLVED THAT the Board adopts the following policy:

A.          Record Keeping and Access to Records

  1. Acting on its own or though a managing agent, the Association shall prepare and keep,
    for a minimum of one (1) year, detailed books and records of receipts and expenditures affecting the
    operation and administration of the Association. With respect to all books, records and/or files relating
    to matters other than expenditures, the Association shall keep those books and records for such
    reasonable time periods as determined by the managing agent.
  2. Subject to certain exceptions set forth below, members shall have the right to examine
    and copy these books and records, provided that their membership is in Good Standing. Good Standing
    shall be defined to mean that a member is current in the payment of assessments and any other
    financial obligation to the Association and compliant with all other responsibilities of membership,
    including, but not limited to, maintenance of his or her Unit in a condition that does not violate any term
    or provision of the Governing Documents.
  3. In order to exercise the rights described herein, members must complete the attached
    form, Exhibit A, and file it with the Association's managing agent, or other duly appointed
    representative. After receipt of a filing, the Association's representative shall have the authority to
    review the form and make determinations as to its completeness and satisfaction of all requirements
    necessary to allow the Association to act upon the filing. If a form is not complete, the Association shall
    notify the member of the deficiency, required corrective action, and that no records shall be provided or
    made available until such corrective action is taken.
  4. Upon receipt of a completed form and within a reasonable period of time, the
    Association's managing agent shall provide the member with the cost schedule attached hereto as
    Exhibit B, as well as an estimate on the costs associated with responding to the request. An estimate
    may include, but not be limited to, the costs of locating, duplicating, and supplying the records, which
    includes the cost of materials and labor. Prior to the Association performing any work related to the
    request, members must pay the estimated charges in advance. Upon receipt of payment (or clearance
    of a personal check), the Association shall make arrangements for a meeting at a mutually convenient
    time or provide the member with copies of the requested records within five (5) days of receipt of the
    payment.
  5. Whenever a member makes a written request to examine original records, the Board
    shall have a member of its managing agent or the Board meet with the member and serve as a
    custodian of the records for the protection of the documents. The Association will include the cost of
    this service in the estimate and may establish reasonable limitations on how long such meetings may
    last.
  6. After the rendering of services requested, the Board shall compare the estimate with
    the actual costs incurred by the Board as set forth in the cost schedule. If the amount paid by the
    member exceeds the actual costs, the Association shall promptly refund the difference to the member.
    If the actual costs exceed the estimate, the Board shall notify the member and the member shall be
    obligated to pay the difference. The Association may withhold additional services and/or copies until it
    receives payment.

B.          Exempt Records

The following records are exempt from the members' right to examine and copy:

  1. Personnel matters related to a specific, identified employee and person's medical
    records;
  2. Any documentation which relates to a (i) contract, lease and other commercial
    transactions currently under negotiation; (ii) pending or probable litigation; (iii) matters
    involving state or local administrative or other formal proceedings before a government
    tribunal for enforcement of the association documents or rules and regulations;
  3. Communications with legal counsel which are protected by the attorney-client privilege;
  4. Any records that any law prohibits the Association from providing to a 3rd party;
  5. Minutes and other records reviewed in an executive session of the Board or Committee;
  6. Individual member files, other than those of the requesting member;
    1. Any drafts or other documents not yet approved by the Board for incorporation into the
      Association's books and records.

 

C.          Requests of Minimal Time and Cost

If the Board concludes that a request submitted by a member involves a nominal amount of time and cost to the Association, it may, in its sole discretion, waive any of the above requirements. For purposes of this Resolution, "nominal requests" shall include requests for copies of:

  1. Approved minutes or highlights of the most recent meeting of the Board of Directors or
    membership Meeting;
  2. Approved minutes or highlights of the most recent meeting of any Committee;
  3. The Association's current annual operating budget;
  4. The Association's most current financial management report;
  5. The Association's most recent annual audit;
  6. The Association's most recent income tax forms; and
  7. The file of the requesting member.

If the Board decides to waive the cost associated with reproduction, the requesting member shall still be responsible for covering any copy costs incurred by the Association unless such costs are also waived by the Board.

 

D.         Miscellaneous

1.         The Association shall not have any obligation to create documents in response to any member's request for records.
2.         The Board shall have the right to amend the cost schedule attached hereto as Exhibit A without having to amend the entire resolution.

 

                   Exhibit A

      RECORD REQUEST FORM

You may use this form to request copies of or inspect the official records of the Kensington Square Homeowners Association, Inc. ("Association"). In order to properly submit a request, please complete, sign and date this form and mail or fax it to the Association's common interest community manager at the address below:

Kensington Square Homeowners Association, Inc.

c/o Community Management Corporation

4840 Westfields Blvd., Suite 300

Chantilly, VA 20151

Fax: (703)631-9786

Name of Requesting Party:

Mailing Address:______________________________________________________________

Address of Property located within the Association if different than mailing:

Phone:            (Home)_______________________             (Work)

                          (Mobile)________________________ (Email)

Please describe the records you wish to copy and/or inspect (include all relevant, dates, names or other identifying information):

Please describe the purpose of your request:

Please check applicable box(es):

I am requesting to receive copies of the above-referenced records. [   ]

I am requesting to conduct an in-person inspection of the above-referenced records. [   ]

I am requesting to inspect such records on                   at                           .  

(The Association will provide you confirmation of the appropriate time, date and location for the inspection)

Please note, not all Association records are available for review and inspection, per Section 55-510 of the Virginia Property Owners' Association Act. You will be notified if your request contains records subject to withholding. You will also be notified of the estimated cost, it any, related to your request and such charges must be paid in advance of the Association fulfilling your request.

Be advised, the Association is only obligated to respond to record requests from those member of the Association who are in "good standing". Good Standing shall mean a member who is current in the payment of assessments and any other financial obligation to the Association and compliant with all other responsibilities of membership, including, but not limited to, maintenance of his or her Unit in a condition that does not violate any term or provision of the Governing Documents.

You must date and sign this form. Anonymous requests will not be accepted.

Signature:____________________________ Date:_________________

Received by:__________________________

Date:

                                                                                            EXHIBIT B

Cost Schedule

Hourly rate for copying of materials shall be $59.00 per hour

Hourly rate for serving as custodian of records shall be $50.00 per hour.

The charges shall be billed in 15 minute increments.

Paper copies shall be billed at a rate of $0.20 per page for black and white copies and $1.00 per page for color copies.

 

 

 


 July 2, 2012

Dear Kensington Square Homeowners,

At the June 20, 2012 Board of Directors meeting, the Board approved Administrative Resolution #12-05, Requests for Examination and Copying of the Association's Records. The effective date of the resolution is July 1, 2012. In addition to the copy enclosed with this mailing the resolution may be viewed and downloaded from the Association's website at www.kensingtonhomeowners.com.

Should you have any questions, please contact Nathan Port at 703-230-8578 or nport@cmc-management.com. E-mail is the most effective mode of communication to reach me more quickly.


Sincerely


Nathan Port - Agent for Kensington Square Homeowners Association Portfolio Manager

Community Management Corporation 703-230-8578 nport@cmc-management.com


 


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