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The CAHH Board is currently working on four governance issues ("renovations"):
#1 - Not in Compliance with Special Zoning Permit Governing HHPTC & HH Pool
#2 - 2007 Articles of Incorporation Not Legally In Effect
#3 - Concerns About Non-Member Income and Tax Status
#4 - Conflicting & Out-of-Date Bylaws
Below you will find regularly updated information about the issues and answers to questions we have received. We'd love to hear your feedback, concerns, comments, encouragement, and questions: email info@hollinhills.org.
Q & A General Q: Are we in trouble with Fairfax County? A: While we have been operating not in compliance with the terms of the Special Permit and there is a complaint under investigation with the Division of Code Compliance, the Division of Code Compliance in Fairfax County is fairly lenient in allowing organizations to voluntarily come into compliance. Accordingly, so long as the Board is working to amend the permit or modify operations to be in compliance with the original terms, the Association is not imminently at risk of being subjected to any civil or criminal penalties under the county zoning ordinance. The Board has been in regular contact with the Board of Zoning Appeals, Zoning Evaluation Division as well, who will be responsible for reviewing the terms of the revised Special Permit Amendment. Special Permit Q: What does the CAHH Board propose to change in the Special Permit? A: The CAHH Board is currently revising the framework based on the feedback it received. It will share what it will be submitting to the BZA shortly. Q: Why is the permit based on membership not capacity? A: The pool has a capacity limit set by the county and the courts have a capacity limit set by the rules of the games played on them. But both only regulate how many people can be actively using the facility at a given time. Membership limits help determine how frequently and continuously the courts and pool are used as well as how many people are allowed in the social spaces that surround them. That, in turn, has a big impact on parking, traffic, noise, and the community around the facilities. Q: Why quiet paddles and not physical barriers? A: One thing everyone agrees on is that it would be fantastic to have a lot more big, evergreen trees in the area of the courts. But trees take a long time to grow. In the meantime, baffles and shields are expensive and their effectiveness is somewhat uncertain. The CAHH Board would be happy to consider proposals to install large barriers; however, in the light of the time, cost, and difficulty of determining their impact, we focused on paddles and balls as a way of addressing the issue of noise quickly and relatively inexpensively. For an example of how this has worked in another community with pickleball courts in a residential area, check out Fountain of the Sun Pickleball. Q: What are the next steps for the special permit? A: Once the framework is in place, we will complete the application for an amendment and submit it to the Fairfax County Board of Zoning Appeals. The process from there will include a public comment period and a hearing at which the amendment will be approved or adjusted. Q: How will the CAHH Board enforce the permit and ensure something like this doesn’t happen again? A: The HH Pool and HHPTC will send a representative to CAHH Board meetings once a quarter with updates on committee finances, including proposals for non-member income; changes to use or infrastructure; membership numbers; upcoming events; and records of any complaints and their resolutions. Q: What is the financial relationship between the Civic Association and HHPTC and the Pool? A: While legally both clubs are part of the Civic Association and all groups share an insurance policy, the HH Pool is financially independent from CAHH. HHPTC received a $57,000 gift from the Civic Association when it renovated the courts as well as a $100,000 loan, of which $42,310 is still outstanding. Club members do not pay dues or fees to CAHH. Articles of Incorporation Q: What are the differences between the 2007 AOIs and the 1991 AOIs? A: Largely, the differences between the AOIs deal with the membership clauses. The 2007 AOIs did attempt to resolve a lingering gap in defining the voting membership of Hollin Hills that had been in effect since the 1960s. That issue is basically that the original 1960s Articles of Incorporation referenced specific zones in an outdated development map on file with Fairfax County that preceded development of large sections of the community south of Rebecca Dr. There are a number of other legal and linguistic changes that we can explore carrying over, in consultation with the Association’s attorney. There is a comparison doc on HollinHills.org so you can review the changes for yourself. We’ve also posted the 1960s AOIs and 1991 amendment for your review. Q: Can’t we just file the 2007 AOIs? A: There are a few reasons we have not taken this step. First, we cannot find evidence of the vote tally for the 2007 AOIs that meets the standard the Association's lawyer has set for us. Second, the 2007 AOIs contain some ambiguities that pose risks for the Association, such as allowing the creation of membership classes in the bylaws. In general, while possible, we think it creates risks for future boards as it splits the definition of membership classes between two distinct documents (the AOIs and the bylaws) with neither representing the full picture. As we’ve spent many hours in these documents in the last few months, we find them to be somewhat confusing and occasionally contradictory. Furthermore, we believe we can resolve core issues and ambiguities in the 2007 AOIs and have them voted on and filed within the year. We think this is important to make sure that future Boards benefit from our efforts on this. If we can take a short amount of time to do the right approach (in consultation with the Association’s attorney) versus the immediate and expedient approach, we believe that is prudent. Q: Who has a vote? A: The CAHH Board believes everyone in the community has a say in community affairs. However, the Association’s attorney informs us that recreational members and Hollin Hillers whose houses are south of 7418/7419 Rebecca should not be included in official votes until the Articles of Incorporation are revised and filed. In the meantime, the CAHH Board will be asking for feedback, doing polls, and anything else we can think of to represent all of Hollin Hills. Q: How do I know if I have a vote? A: The effective Articles of Incorporation for the Civic Association were last amended in 1991. However, the relevant clauses are from the 1964 amendment and restatement of the Articles of Incorporation. The relevant parts of the SIXTH clause state: “Membership in the Association shall be open to owners and resident tenants of houses in Sections 1 through 12, including Section 4, White Oaks, in Hollin Hills, as described in the plat of Hollin Hills subdivision on file in the land records of Fairfax County . . .” (emphasis added). In lay terms, this means that the actual voting membership of the Association–since 1964–has been only those who live in Sections 1 through 12 of Hollin Hills, plus Section 4, White Oaks. We’re attaching a map below that shows the historical zoning plat of the Sections, as well as some instructions on how to find this map yourself on the county website (see documentation sidebar). In the map, you can see that any homes developed after (e.g., south of) 7418/7419 Rebecca are not included in the explicitly stated sections. This obviously includes a large number of our beloved neighbors and friends. Tax Status Q: What about our tax status as a 501(c)(7)? A: This is a frequent question at our membership meetings. The short answer is we aren’t sure how or if these issues affect our tax status, but, as noted at the meeting, it is a priority for us to evaluate that with a professional. Q: Can we be another type of nonprofit like a (c)(3) or (c)(4)? A: Another question for an actual expert, though our amateur understanding is we would only be eligible for status as a (c)(4) and that would require that we open all amenities up to the general public or create separate business entities to manage club assets that are not nonprofits. Financially, we would need to identify sufficient revenue sources to fund our various activities, as we would be unable to charge dues. It is a question we are exploring, though we do not anticipate this is a quick change. Bylaws Q: What bylaws provisions need to change? A: We have some initial understanding of ambiguous or risky clauses in the bylaws. This includes things like the non-resident recreation member clause that conflicts with the Articles of Incorporation or inconsistent clauses on Committee governance and structure. Our plan is to amend the Articles of Incorporation with these risks in mind, and then subsequently amend the bylaws to fill in the details of the revised Articles of Incorporation. Our lessons learned from the last four months suggest a need for additional clauses in the bylaws regarding Association governance that provide sufficient structure for future Boards to govern the Association’s interests while also acknowledging that these are volunteer roles and the distribution of Committee labor has been done with an eye toward making positions on the Board of Directors possible to be done by volunteers. At the end of the day, our roles are done by humans and volunteers, but there needs to be a sufficient structure for governance and oversight that avoids any risks to the long-term viability of the Association by volunteer turnover or motivated individuals in positions of power. | Documentation
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