The Fair Lakes Crossing Home Owners Association Board of Directors convened via teleconference at 7:00 PM on 31 August 2020 to take up matters requiring attention.
Attendance: 5 of the 5 members of the FLC HOA Board were present: Ajay Ganji (President), Clarence Hunter, Rama Ghattu, Kevin Nawroth, and Pete Mattes.
Four items composed the agenda: (1) VDOT I-66 project easement agreement status, (2) Architectural Review Committee (ARC) business items.
Board Action:
- VDOT I-66 Project Easement Proposal request status: The FLC HOA BOD has been in negotiations with representatives from the Virginia Department of Transportation (VBDOT) for several weeks concerning a VDOT request to make use of land controlled by the FLC HOA in their continuing construction. The Board received an initial offer for resolution from VDOT and submitted a counter to the offer. VDOT was receptive to the counter. However, when reviewed for legal concerns for the FLC HOA, the Board’s legal counsel advised that the HOA retains liability for events that might occur related to the land in question if the BOD decided to allow VDOT access to the land vice transferring ownership/title to that land. The Board considered the concern and unanimously decided to request clarification on specific questions before taking further action on the matter:
- How does legal liability in this case compare to the BOD settlement with VDOT on land during 2019;
- Would the insurance coverage in place for FLC HOA common areas today extend to also cover the land VDOT requests easement for; and
- Are we certain that the HOA would retain ownership of the land in question under the current VDOT proposal?
- Mr. Kevin Nawroth contacted the HOA’s legal counsel, Ms. Molly Peacock, with the questions. Upon receipt of the response to the BOD’s questions, the Board will reconvene to make final decisions on the matter.
- ARC Business: The Board took up a request by the owners at 5103 Bebe Court to install an aluminum fence which has been recommended for disapproval by the FLC HOA Architectural Review Committee (ARC). The Board unanimously supported a motion to forward the request to the ARC to get their full recommendation in order to better understand the matter. Mr. Ajay Ganji will forward the request to the ARC.
- No further business was conducted.
- The next FLC HOA Board meeting will be conducted upon receipt of legal counsel’s advice in response to the three questions presented in the minutes above at a time/place TBD.