2025 HOA Board Meeting: voting on potential changes

2025 has been a busy and productive year for your board. We are pleased to report that our required reserve study for the entrance monuments has been completed. The assessor found them to be in good condition, with many years of useful life remaining. We have fully funded the reserves needed for their eventual replacement and anticipate only small annual additions to account for inflation.

A significant focus this year was a meeting with a law firm to review the state of our association. The goal was to assess how the association is being managed and determine whether any changes are needed. During this review, we identified a few gaps in our insurance coverage, which we are actively addressing.

A larger issue highlighted by the review is that our governing documents have not been updated in many years. Some provisions are no longer compliant with state or federal law, and others no longer reflect best practices for HOA operations.

To address this, we will be initiating a campaign to update our governing documents. Some of the proposed changes are minor, while others are more significant. We are looking at three key documents, each of which has specific requirements for making amendments. We will provide clear guidance to homeowners on the process and the proposed changes as we move forward.

To change our various documents requires: 

  • Articles of incorporation(Articles) - Amendment of these Articles requires (50%) of the votes plus 1. (This requires 128 homeowners to vote for the proposal)

  • Covenants, Conditions and Restrictions(CCR) - any amendment shall have the assent of seventy-five percent (75%) of the votes of the Lot Owners at a meeting duly called for this purpose

  • Bylaws - may be amended, at a regular or special meeting of the members, by a vote of the majority of a quorum of members present in person or by proxy.

When a small change is proposed, the relevant differences between the current language and proposed language will appear as bolded text to highlight the change. Where a large or significant change is proposed, the whole section will be provided. Some of the proposals are a single section change and some are multiple section changes because the changes are complimentary.

2025 Folkstone HOA Downloadable Ballot


proposed changes

General Proposal(s)

Proposal #1

Proposal #1: Should the Folkstone Homes Association be dissolved?


Proposed change to the Articles of Incorporation

Proposal #2

Current: Article VII - The affairs of this Association shall be managed by a Board of five (5) Directors, who need not be members of the Association and such number can be changed only by amendment of the Articles of Incorporation.

Proposed: Article VII - The affairs of this Association shall be managed by a Board of five (5) Directors, who must be members of the Association and such number can be changed only by amendment of the Articles of Incorporation.

Proposal #3

Current: Article VII - At the first annual meeting the members shall elect one director for a term of one year, two directors for a term of two years and two directors for three years; and as the terms of such directors expire new directors shall be elected for terms of three years.


Proposed: Article VII - At the first annual meeting the members shall elect one director for a term of one year, two directors for a term of two years and two directors for three years; and as the terms of such directors expire new directors shall be elected for terms of two years.


Proposed changes to the COVENANTS, CONDITIONS AND RESTRICTIONS (CCR)

Article V, section 8 

Current: If any assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eight percent (8%) per annum


Proposed: If any assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eight percent (8%) per annum, interest shall be compounded monthly

Proposal #4


Current: 7. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No accumulation or storage of litter, new or used building materials or trash of any other kind shall be permitted on any Lot. 

Proposed: 7. No accumulation or storage of litter, new or used building materials or trash of any other kind shall be permitted on any Lot.

Proposal #5


Current: <none>

Proposed: Article VI, section 1

(f) - No Subdivision Permitted. No Lot within the Properties shall be subdivided, partitioned, or otherwise divided into smaller parcels, whether by legal description, deed, plat, or other means. Each Lot, as shown on the recorded plat, shall constitute a single indivisible parcel for all purposes.

(g) Consolidation of Lots. Nothing herein shall prohibit the Owner of two or more contiguous Lots from combining such Lots into a single building site. Provided further that the resulting Lot complies with applicable zoning and governmental requirements. The consolidated lot shall have a single vote. Consolidated lots may not be subdivided back into the original lots.

(h) Lots shall have no more than one single family residence.

Proposal #6


Proposed changes to the BYLAWS

Proposal #7:

Article I - Principal Office Address

Current: The principal office of the corporation shall be located at 4094 University Drive, Fairfax,  Virginia

Proposed: The principal office of the corporation shall be located at 3020 Hamaker Ct STE 300, Fairfax, VA 22031

Proposal #7


ARTICLE V Section 1

Current: Number. The affairs of this Association shall be managed by a Board of seven (7) directors, who must be  members of the Association and such number can be changed only by amendment of the Articles of  Incorporation.  

Proposed: Number. The affairs of this Association shall be managed by a Board of five (5) directors.  

Article V - Section 5 

Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a  meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so  approved shall have the same effect as though taken at a meeting of the directors. 


Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a  meeting which they could take at a meeting by obtaining the written approval of a majority the directors. Any action so  approved shall have the same effect as though taken at a meeting of the directors.

Proposal #8


ARTICLE VI Section 1

Current: Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at  such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall  upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal  holiday.  

Proposed: Meeting shall be held monthly, notice of which will be provided to the members of the association per VA § 55.1-1816

Proposal #9


ARTICLE VII, Section 1

Current: Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee.  Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist  of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association.  The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the  members, to serve from the close of such annual meeting until the close of the next annual meeting and such  appointment shall be announced at each annual meeting. The Nominating Committee shall make as many  nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the  number of vacancies that are to be filled. Such nominations may be made only from among members of the Association

Proposed: Nomination for election to the Board of Directors shall be made only by members of the Association by submitting a written notice to the board. Nominations shall be accepted from the floor at the annual meeting during which elections for office are being held.

Proposal #10


ARTICLE VIII, Section 1

Current: <NONE>

Proposed: (e) may issue fines for violations of association rules. Fines may not exceed the limits in The Virginia Property Owners' Association Act, § 55.1, or $25 (in 2025) adjusted for inflation using the same procedures as the annual assessment, rounded up to the nearest $5.

Proposal #11


ARTICLE IX Section 1

Current:  The Association shall appoint an Architectural Control Committee as provided in the Declaration and a Nominating Committee as provided in these By-Laws. In addition, the Board of Directors may appoint other  committees as deemed appropriate in carrying out its purposes, such as: (a) A Recreation  Committee which shall advise the Board of Directors on all matters pertaining to the recreational program and  activities of the Association and shall perform such other functions as the Board, in its discretion, determines;  (b) A Maintenance Committee which shall advise the Board of Directors on all matters pertaining to the  maintenance, repair or improvement of the Properties and shall perform such other functions as the Board, in its  discretion, determines; (c) A Publicity Committee which shall inform the members of all activities  and functions of the Association and shall, after consulting with the Board of Directors, make such public  releases and announcements as are in the best interests of the Association; and (d) An Audit  Committee which shall supervise the annual audit of the Association’s books and approve the annual budget  and statement of income and expenditures to be presented to the membership at its regular annual meeting as  provided in Article XI, Section 8(d). The Treasurer shall be an ex officio Member of the Committee.  

Proposed: The Association shall appoint an Architectural Control Committee as provided in the Declaration. In addition, the Board of Directors may appoint other  committees as deemed appropriate in carrying out its purposes.

Proposal #12


ARTICLE X Section 1

Current: Annual Meetings. The first annual meeting of the members shall be held within one (1) year from the date of  incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on  the same day of the same month of each year thereafter, at the hour of 8:00 P.M. If the day for the annual  meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following  which is not a legal holiday.  

Proposed: Annual Meetings shall be held during the month of November. Notice of such shall be sent in accordance with VA § 55.1-1815

Proposal #13


ARTICLE X Section 4

Current: Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, 40%  (102) of the votes entitled to be cast shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be  present or be represented


Proposed: Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, 20% (51) of the votes entitled to be cast shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirements set forth in VA § 55.1-1815 and the required quorum  at any such subsequent meeting shall be one-half (1/2) of required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Proposal #14


ARTICLE XII Section 2

Current: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the  purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and in  particular for the payment of taxes and improvements and maintenance of services and facilities devoted to this  purpose and related to the use and enjoyment of the Common Area.

Proposed: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the payment of association expenses, maintenance and improvement of common areas, and promoting the recreation, health, safety, and welfare of all members. Assessments shall not be spent in a way to confer a benefit to any individual member.

Proposal #15


ARTICLE XII Section 3

Current: (a) From and after January 1 of the year immediately following the conveyance  of the first Lot, the maximum annual assessment may be increased effective January 1 of each year without a  vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the  Department of Labor, Washington, D. C.) for the year ending the preceding July 1.


Proposed: (a) From and after January 1 of the year immediately following the conveyance  of the first Lot, the maximum annual assessment may be increased effective January 1 of each year without a  vote of the membership in conformance with the rise, if any, of 200% of the Consumer Price Index (published by the  Department of Labor, Washington, D. C.) for the year ending the preceding July 1.

Proposal #16


This proposal needs a bit of explanation. The annual assessment has two values. #1 is the maximum allowed assessment. #2 is the assessment that the homeowners pay. #2 is set by the board at a level needed to meet the coming years budgeted expenses. The current allowable maximum assessment rise is not keeping up with our expenses or inflation. Your board is asking for your permission to set the maximum to an amount higher than the current maximum so we can continue to conduct the association's affairs now and into the future without needing constant votes to raise the maximum assessment. We anticipate the budget for CY 2026 will need an assessment of approximately $110 or less to meet the coming year's expenses.

Current: The maximum permissible assessment is $103 per year

Proposed: The maximum permissible assessment is $250 per year

Proposal #17