Board Meeting – June 2015

University Square Homeowners Association (USHA)
June 3, 2015 Board Meeting Notes
Fairfax Villa School


  • Christine Taylor (Member)
  • PJ Kennedy (Treasurer)
  • Patrick Tomilson (Chair, ERAC)
  • Peter McClintock (President)
  • Oscar Merida (Webmaster)
  • Justin Ginsberg (Member)
  • Dennis Makurat (Member, ERAC)
  • Caitlin Kaprove (Secretary)


  • Andrew Pershing (Vice President)
  • Patricia Garcia (Member, ERAC)


  • Call to Order (8:03PM): At 8:03PM, Peter called the meeting to order and reviewed the agenda.
  • Resignation of Jen Weigel / Election of Oscar Merida as Webmaster (8:04PM):
    The first order of business was the discussion of Jen Weigel’s recent resignation from the Board and the vacancy left by her departure. The Board voted unanimously to elect Oscar to fill the board position until the next election (October 2015).  Oscar volunteered to be Webmaster for USHA.
  • February 2015 Minutes Approved (8:15PM): The Board members who had attended the February 2015 minutes voted to approve the minutes from that meeting. Going forward, PJ suggested distributing minutes electronically following each meeting, for board approval, including biannual meetings; the Board agreed unanimously. Minutes could then be posted on the web site in a timely manner.
  • Treasurer’s Report (8:19PM): USHA’s total funds in various accounts come to just under $100,000. One of USHA’s CDs is coming due in July; PJ will investigate options going forward.  PJ also said he would produce a Treasurer’s report that would compare the budget with actual spending.
  • Discussion of Properties Delinquent on Dues (8:23PM): 14 properties haven’t made payments. 8 of those properties are due for half the year. 4 are behind by one year. PJ noted that there are 2 properties that are substantially delinquent.  One of those 2 had begun made a partial payment in April.
  • Delivering Electronic Disclosure Packet to Selling Owner(s) (8:25PM): Recent Virginia legislation allows electronic distribution of a disclosure packet, if the requester asks for it electronically.  If so, USHA must retain the request and a copy of the electronic packet provided.  The Board agreed that PJ could to deliver an electronic disclosure packet to an owner who is currently selling his or her property, if so requested.
  • Board Approved Paying Outstanding Legal Bills (8:34PM): The Board unanimously approved a motion to pay the Board’s outstanding legal bills (an additional $1,000, not to exceed $4,000).
  • Discussion of Legal Counsel Advice Re USHA Documents (8:37PM): The Board voted unanimously to approve the line edits provided by legal counsel for USHA External Architectural Guidelines and Restrictions (EAG&R) document. The Board also agreed to schedule a follow-up meeting to discuss other possible changes to the EAG&R and additional recommendations of counsel on the disclosure Document.  Particular items included the following:
    • ERAC Appeals Process: The Board agreed to preserve the ERAC appeals process already contemplated in the current bylaws.
    • Satellite Dishes / Flagpoles / Solar Panels: The Board discussed advice from legal counsel related to satellite dishes, flagpoles, and solar panels. Specifically, counsel pointed out that either Federal or State law prohibits Homeowner’s Associations from banning them, but we can impose reasonable restrictions on their size, placement, etc.  The Board also noted advice of legal counsel that the USHA disclosure packet needs to specifically address these provisions.
    • Amending the Declaration: The Board discussed advice of legal counsel related to the enforceability of fees and restrictions generally.  Legal counsel recommended revising the underlying USHA declaration so as to improve the enforceability of community restrictions;  to do that we need to get 75% of the community to agree.
    • Painted Decks: The Board discussed provisions in the USHA documents related to permissible deck colors and conditions. Ultimately, the Board agreed to schedule a follow-up meeting to discuss this and other items in greater depth.
    • Disclosure Packet: PJ volunteered to circulate (among the Board members) an electronic copy of the most recent disclosure packet with the proposed edits of legal counsel, for further review.
  • ERAC Discussions:
    • Letter on ERAC Violations (9:30PM): Peter gave the board members and ERAC members present, a copy of an anonymous letter with complaints regarding ERAC violations in the neighborhood.
    • Proposed Addition (9:33PM): Patrick and Dennis provided information on a proposed addition to a residence.
    • ERAC Walk-Through (9:40PM): Patrick agreed to draft a checklist for use during an ERAC walk-through. The Board unanimously agreed to plan an ERAC walk-through, with Board members reviewing their findings in teams.
  • Additional Business: Christine volunteered to look into next steps for National Night Out. Peter and PJ volunteered to attempt to hand deliver a letter to the property owner who is most delinquent on dues – and then, if necessary, consider using an attorney for subsequent communications. Peter and Oscar agreed to meet separately to discuss design changes to the USHA website.
  • Next Meeting on 8 July 2015: Peter volunteered to host the next meeting at his house, as the school will be unavailable at that point.