KENSINGTON SQUARE HOMEOWNERS ASSOCIATION
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
B. Exempt Records
The following records are exempt from the members' right to examine and copy:
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:
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.
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.
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
Name of Requesting Party:
Address of Property located within the Association if different than mailing:
Phone: (Home)_______________________ (Work)
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.
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 firstname.lastname@example.org. E-mail is the most effective mode of communication to reach me more quickly.
Nathan Port - Agent for Kensington Square Homeowners Association Portfolio Manager
Community Management Corporation 703-230-8578 email@example.com