| Business Purpose | 5311 - Real Estate and Rental and Leasing - Real Estate - Lessors of Real Estate (residential, nonresidential buildings & dwellings, miniwarehouses, self-storage units, other)
| Capital Stock | 0.0000 |
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| Charter County | Wood | Control Number | 0 |
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| Charter State | WV | Excess Acres | 0 |
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| At Will Term | | Member Managed | |
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| At Will Term Years | | Par Value | 0.000000 |
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| Authorized Shares | 0 | Young Entrepreneur | Not Specified |
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| Local Office Address | 848 PINE CIRCLE
DAVISVILLE, WV, 26142
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| Mailing Address | PO BOX 49
DAVISVILLE, WV, 26142
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| Notice of Process Address | LAWRENCE J MCKENZIE
848 PINE CIRCLE
DAVISVILLE, WV, 26142
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| Principal Office Address | PO BOX 49
DAVISVILLE, WV, 26142
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| Incorporator | W. J. SOMERVILLE
2203 GANT ST.
PARKERSBURG, WV, 26103
USA
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| Incorporator | HAZEL SOMERVILLE
2615 29TH ST.
PARKERSBURG, WV, 26101
USA
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| President | LAWRENCE J. MCKENZIE
848 PINE CIRCLE
DAVISVILLE, WV, 26142
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| Secretary | ROBERT STARCHER
838 PINE CIRCLE
DAVISVILLE, WV, 26142
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| Treasurer | RON BRANNON
848 PINE CIRCLE
DAVISVILLE, WV, 26142
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| Vice-President | JASON MCCOY
509 EAST OAK STREET
DAVISVILLE, WV, 26142
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| 12/26/2024 | B4WV OTHER CHANGE: COMMUNITY ACRES HOMEOWNERS ASSOCIATION, INC.
CONFLICT OF INTEREST POLICY
ARTICLE I
PURPOSE
THE PURPOSE OF THE CONFLICT-OF-INTEREST POLICY IS TO PROTECT THIS TAX-EXEMPT ORGANIZATION’S (COMMUNITY ACRES HOMEOWNERS ASSOCIATION, INC.) INTEREST WHEN IT IS CONTEMPLATING ENTERING INTO A TRANSACTION OR ARRANGEMENT THAT MIGHT BENEFIT THE PRIVATE INTEREST OF AN OFFICER OR DIRECTOR OF THE COMMUNITY ACRES HOMEOWNERS ASSOCIATION, INC. OR MIGHT RESULT IN A POSSIBLE EXCESS BENEFIT TRANSACTION. THIS POLICY IS INTENDED TO SUPPLEMENT BUT NOT REPLACE ANY APPLICABLE STATE AND FEDERAL LAWS GOVERNING CONFLICT OF INTEREST APPLICABLE TO NONPROFIT AND CHARITABLE ORGANIZATIONS.
ARTICLE II
DEFINITIONS
1. INTERESTED PERSON
ANY PERSON, PRINCIPAL OFFICER, OR MEMBER OF A COMMITTEE WITH GOVERNING BOARD DELEGATED POWERS, WHO HAS A DIRECT OR INDIRECT FINANCIAL INTEREST, AS DEFINED BELOW, IS AN INTERESTED PERSON.
IF A PERSON IS AN INTERESTED PERSON WITH RESPECT TO ANY ENTITY IN THE HEALTH CARE SYSTEM OF WHICH THE ORGANIZATION IS A PART, HE OR SHE IS AN INTERESTED PERSON WITH RESPECT TO ALL ENTITIES IN THE HEALTH CARE SYSTEM.
2. FINANCIAL INTEREST
A PERSON HAS A FINANCIAL INTEREST IF THE PERSON HAS, DIRECTLY OR INDIRECTLY, THROUGH BUSINESS, INVESTMENT, OR FAMILY:
A. AN OWNERSHIP OR INVESTMENT INTEREST IN ANY ENTITY WITH WHICH THE COMMUNITY ACRES HOMEOWNERS ASSOCIATION, INC. HAS A TRANSACTION OR ARRANGEMENT.
B. A COMPENSATION ARRANGEMENT WITH THE COMMUNITY ACRES HOMEOWNERS ASSOCIATION, INC., OR WITH ANY ENTITY OR INDIVIDUAL WITH WHICH THE COMMUNITY ACRES HOMEOWNERS ASSOCIATION, INC. HAS A TRANSACTION OR ARRANGEMENT, OR
C. POTENTIAL OWNERSHIP OR INVESTMENT INTEREST IN, OR COMPENSATION WITH, ANY ENTITY OR INDIVIDUAL WITH WHICH THE COMMUNITY ACRES HOMEOWNERS ASSOCIATION, INC. IS NEGOTIATING A TRANSACTION OR ARRANGEMENT.
COMPENSATION INCLUDES DIRECT OR INDIRECT REMUNERATION AS WELL AS GIFTS OR FAVORS THAT ARE NOT INSUBSTANTIAL.
A FINANCIAL INTEREST IS NOT NECESSARILY A CONFLICT OF INTEREST. UNDER ARTICLE III, SECTION 2, A PERSON WHO HAS A FINANCIAL INTEREST MAY HAVE A CONFLICT OF INTEREST ONLY IF THE APPROPRIATE GOVERNING BOARD OR COMMITTEE DECIDES THAT A CONFLICT OF INTEREST EXISTS.
ARTICLE III
PROCEDURES
1. DUTY TO DISCLOSE
IN CONNECTION WITH ANY ACTUAL OR POSSIBLE CONFLICT OF INTEREST, AN INTERESTED PERSON MUST DISCLOSE THE EXISTENCE OF THE FINANCIAL INTEREST AND BE GIVEN THE OPPORTUNITY TO DISCLOSE ALL MATERIAL FACTS TO THE DIRECTORS AND MEMBERS OF COMMITTEES WITH GOVERNING BOARD DELEGATED POWERS CONSIDERING THE PROPOSED TRANSACTION OR ARRANGEMENT.
2. DETERMINING WHETHER A CONFLICT OF INTEREST EXISTS
AFTER DISCLOSURE OF THE FINANCIAL INTEREST AND ALL MATERIAL FACTS, AND AFTER ANY DISCUSSION WITH THE INTERESTED PERSON, HE/SHE/THEY SHALL LEAVE THE GOVERNING BOARD OR COMMITTEE MEETING WHILE THE DETERMINATION OF CONFLICT IS DISCUSSED AND VOTED UPON. THE REMAINING BOARD OR COMMITTEE MEMBERS SHALL DECIDE IF A CONFLICT OF INTEREST EXISTS.
3. PROCEDURES FOR ADDRESSING THE CONFLICT OF INTEREST
A. AN INTERESTED PERSON MAY MAKE A PRESENTATION AT THE GOVERNING OR COMMITTEE MEETING, BUT AFTER THE PRESENTATION, HE/SHE/THEY SHALL LEAVE THE MEETING DURING THE DISCUSSION OF, AND THE VOTE ON, THE TRANSACTION OR ARRANGEMENT INVOLVING THE POSSIBLE CONFLICT OF INTEREST.
B. THE CHAIRPERSON OF THE GOVERNING BOARD OR COMMITTEE SHALL, IF APPROPRIATE, APPOINT A DISINTERESTED PERSON OR COMMITTEE TO INVESTIGATE ALTERNATIVES TO THE PROPOSED TRANSACTION OR ARRANGEMENT.
C. AFTER EXERCISING DUE DILIGENCE, THE GOVERNING BOARD OR COMMITTEE SHALL DETERMINE WHETHER THE COMMUNITY ACRES HOMEOWNERS ASSOCIATION, INC. CAN OBTAIN WITH REASONABLE EFFORTS A MORE ADVANTAGEOUS TRANSACTION OR ARRANGEMENT FROM A PERSON OR ENTITY THAT WOULD NOT GIVE RISE TO A CONFLICT OF INTEREST.
D. IF A MORE ADVANTAGEOUS TRANSACTION OR ARRANGEMENT IS NOT REASONABLY POSSIBLE UNDER CIRCUMSTANCES NOT PRODUCING A CONFLICT OF INTEREST, THE GOVERNING BOARD OR COMMITTEE SHALL DETERMINE BY A MAJORITY VOTE OF THE DISINTERESTED DIR
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| 11/18/2024 | B4WV OTHER CHANGE: COMMUNITY ACRES HOMEOWNERS’ ASSOCIATION, INC.
COLLECTIONS, LIEN, AND JUDICIAL FORECLOSURE POLICY
ADOPTED AND EFFECTIVE AS OF NOVEMBER 11, 2024
THE EXECUTIVE BOARD HAS PROMULGATED THIS COLLECTIONS POLICY (“POLICY”) TO PROVIDE CERTAINTY AND CONSISTENCY IN THE ASSOCIATION’S EFFORTS TO COLLECT ASSESSMENTS FROM DELINQUENT LOT OWNERS. THIS POLICY IS INTENDED TO PROVIDE A PROCEDURE FOR THE CONSISTENT TREATMENT OF DEBTS AND DEBT COLLECTION RELATED TO ASSESSMENTS AS SET FORTH IN THE ASSOCIATION’S BYLAWS. THE BOARD OF DIRECTORS, OR THE MANAGING AGENT, AT THE REQUEST OF THE BOARD OF DIRECTORS, SHALL TAKE PROMPT ACTION TO COLLECT OVERDUE ASSESSMENTS FROM LOT OWNERS.
RECITALS:
WHEREAS, THE DECLARATION OF COVENANTS AND RESTRICTIONS COMMUNITY ACRES HOMEOWNERS’ ASSOCIATION, INC., WEST VIRGINIA, DATED SEPTEMBER 1, 1976, AND RECORDED ON OCTOBER 7, 1977, IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF WOOD COUNTY, WEST VIRGINIA, IN PLAT BOOK NO. 16, AT PAGE 45, (THE “DECLARATION”), AS AMENDED, THE BYLAWS AND W. VA. CODE §§ 36B-3-101 AND 102 OF THE UNIFORM COMMON INTEREST OWNERSHIP ACT (THE “UCIOA”) GIVE THE BOARD OF DIRECTORS OF THE ASSOCIATION ALL OF THE POWERS AND DUTIES NECESSARY FOR THE ADMINISTRATION OF THE ASSOCIATION;
WHEREAS, THE DECLARATION, THE BYLAWS AND SECTION 3B-3-116 OF THE UCIOA PROVIDE FOR A LIEN AGAINST LOTS FOR UNPAID AND DELINQUENT ASSESSMENTS;
WHEREAS, THE ASSOCIATION HAS A LIEN AGAINST A LOT FOR ANY ASSESSMENT LEVIED AGAINST THAT LOT IMPOSED AGAINST ITS LOT OWNERS FROM THE TIME THE ASSESSMENT BECOMES DUE;
WHEREAS, IN THE EVENT A LOT OWNER FAILS TO PAY IN FULL ANY ASSESSMENT WHEN IT IS DUE, THE ASSOCIATION MAY COLLECT THE DELINQUENT ASSESSMENT IN ACCORDANCE WITH THE DECLARATION, THE BYLAWS AND WEST VIRGINIA LAW; AND
WHEREAS, THE BOARD OF DIRECTORS DESIRES TO ESTABLISH THIS POLICY REGARDING COLLECTIONS OF UNPAID ASSESSMENTS AND THE ENFORCEMENT OF ITS LIENS THEREFORE.
NOW THEREFORE BE IT RESOLVED THAT THE FOLLOWING POLICY REGARDING THE COLLECTION OF DELINQUENT ASSESSMENTS AND LIEN ENFORCEMENT AS TO DELINQUENT ASSESSMENTS IS HEREBY ADOPTED BY THE THE BOARD OF DIRECTORS:
1. DEFINITIONS. UNDEFINED TERMS USED IN THIS POLICY HAVE THE SAME MEANINGS AS THEY HAVE IN THE UCIOA OR UNDER THE COMMUNITY DOCUMENTS. THE FOLLOWING TERMS DEFINED HEREIN ARE ONLY APPLICABLE TO THIS POLICY:
“ASSESSMENT(S)” MEANS THE AMOUNT LEVIED ANNUALLY FOR THE COMMON EXPENSES, AND ANY OTHER FEES, CHARGES, LATE CHARGES, FINES AND INTEREST, IF ANY, IMPOSED BY THE ASSOCIATION IN ACCORDANCE WITH THE UCIOA AND THE COMMUNITY DOCUMENTS.
“COMMUNITY DOCUMENTS” MEANS THE DECLARATION, THE BYLAWS, THE RULES, REGULATIONS, AND THE POLICIES, AS PROMULGATED OR AMENDED FROM TIME TO TIME.
2. REMINDER LETTER. IF A LOT OWNER REMAINS IN DEFAULT ON ANY ASSESSMENT FOR FIFTEEN (15) DAYS FOLLOWING THE ASSESSMENT’S DUE DATE, THE ASSOCIATION SHALL SEND A REMINDER LETTER TO THE LOT OWNER USING THE FORM ATTACHED HERETO AS EXHIBIT A (THE “REMINDER LETTER”).
3. NOTICE OF RIGHT TO CURE.
A. IF A LOT OWNER REMAINS IN DEFAULT ON ANY ASSESSMENT FOR THIRTY-ONE (31) DAYS FOLLOWING THE ASSESSMENT’S DUE DATE, THE ASSOCIATION SHALL GIVE NOTICE TO THE LOT OWNER OF THE DELINQUENT ASSESSMENT AND THE LOT OWNER’S RIGHT TO CURE (THE “NOTICE OF RIGHT TO CURE”).
B. THE NOTICE OF RIGHT TO CURE SHALL BE IN WRITING AND SHALL CONSPICUOUSLY STATE:
I. THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE ASSOCIATION;
II. A BRIEF DESCRIPTION OF THE DELINQUENT ASSESSMENTS;
III. THE LOT OWNER’S RIGHT TO CURE SUCH DEFAULT;
IV. THE AMOUNT OF THE DELINQUENT ASSESSMENTS AND ANY OTHER REQUIRED PERFORMANCE,
V. THE AMOUNT OF INTEREST, PENALTIES OR COSTS, IF ANY; AND
VI. THE DATE BY WHICH THE ASSESSMENTS MUST BE PAID IN ORDER TO CURE THE DEFAULT.
C. THE ASSOCIATION SHALL DELIVER THE WRITTEN NOTICE OF RIGHT TO CURE TO THE DELINQUENT LOT OWNER PERSONALLY OR BY U. S. MAIL. IF NOTICE IS GIVEN BY MAIL, THEN:
I. THE ASSOCIATION SHALL USE THE LAST KNOWN ADDRESS OF THE LOT OWNER AS FOUND IN THE OFFICE OF THE ASSESSOR O
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| 11/12/2024 | B4WV OTHER CHANGE: COMMUNITY ACRES HOMEOWNERS’ ASSOCIATION, INC.
COLLECTIONS, LIEN, AND JUDICIAL FORECLOSURE POLICY
ADOPTED AND EFFECTIVE AS OF NOVEMBER 16, 2023
(SEE IMAGE IN RECORD)
THE EXECUTIVE BOARD HAS PROMULGATED THIS COLLECTIONS POLICY (“POLICY”) TO PROVIDE CERTAINTY AND CONSISTENCY IN THE ASSOCIATION’S EFFORTS TO COLLECT ASSESSMENTS FROM DELINQUENT LOT OWNERS. THIS POLICY IS INTENDED TO PROVIDE A PROCEDURE FOR THE CONSISTENT TREATMENT OF DEBTS AND DEBT COLLECTION RELATED TO ASSESSMENTS AS SET FORTH IN THE ASSOCIATION’S BYLAWS. THE BOARD OF DIRECTORS, OR THE MANAGING AGENT, AT THE REQUEST OF THE BOARD OF DIRECTORS, SHALL TAKE PROMPT ACTION TO COLLECT OVERDUE ASSESSMENTS FROM LOT OWNERS.
RECITALS:
WHEREAS, THE DECLARATION OF COVENANTS AND RESTRICTIONS COMMUNITY ACRES HOMEOWNERS’ ASSOCIATION, INC., WEST VIRGINIA, DATED SEPTEMBER 1, 1976, AND RECORDED ON OCTOBER 7, 1977, IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF WOOD COUNTY, WEST VIRGINIA, IN PLAT BOOK NO. 16, AT PAGE 45, (THE “DECLARATION”), AS AMENDED, THE BYLAWS AND W. VA. CODE §§ 36B-3-101 AND 102 OF THE UNIFORM COMMON INTEREST OWNERSHIP ACT (THE “UCIOA”) GIVE THE BOARD OF DIRECTORS OF THE ASSOCIATION ALL OF THE POWERS AND DUTIES NECESSARY FOR THE ADMINISTRATION OF THE ASSOCIATION;
WHEREAS, THE DECLARATION, THE BYLAWS AND SECTION 3B-3-116 OF THE UCIOA PROVIDE FOR A LIEN AGAINST LOTS FOR UNPAID AND DELINQUENT ASSESSMENTS;
WHEREAS, THE ASSOCIATION HAS A LIEN AGAINST A LOT FOR ANY ASSESSMENT LEVIED AGAINST THAT LOT IMPOSED AGAINST ITS LOT OWNERS FROM THE TIME THE ASSESSMENT BECOMES DUE;
WHEREAS, IN THE EVENT A LOT OWNER FAILS TO PAY IN FULL ANY ASSESSMENT WHEN IT IS DUE, THE ASSOCIATION MAY COLLECT THE DELINQUENT ASSESSMENT IN ACCORDANCE WITH THE DECLARATION, THE BYLAWS AND WEST VIRGINIA LAW; AND
WHEREAS, THE BOARD OF DIRECTORS DESIRES TO ESTABLISH THIS POLICY REGARDING COLLECTIONS OF UNPAID ASSESSMENTS AND THE ENFORCEMENT OF ITS LIENS THEREFORE.
NOW THEREFORE BE IT RESOLVED THAT THE FOLLOWING POLICY REGARDING THE COLLECTION OF DELINQUENT ASSESSMENTS AND LIEN ENFORCEMENT AS TO DELINQUENT ASSESSMENTS IS HEREBY ADOPTED BY THE BOARD OF DIRECTORS:
1. DEFINITIONS. UNDEFINED TERMS USED IN THIS POLICY HAVE THE SAME MEANINGS AS THEY HAVE IN THE UCIOA OR UNDER THE COMMUNITY DOCUMENTS. THE FOLLOWING TERMS DEFINED HEREIN ARE ONLY APPLICABLE TO THIS POLICY:
“ASSESSMENT(S)” MEANS THE AMOUNT LEVIED ANNUALLY FOR THE COMMON EXPENSES, AND ANY OTHER FEES, CHARGES, LATE CHARGES, FINES AND INTEREST, IF ANY, IMPOSED BY THE ASSOCIATION IN ACCORDANCE WITH THE UCIOA AND THE COMMUNITY DOCUMENTS.
“COMMUNITY DOCUMENTS” MEANS THE DECLARATION, THE BYLAWS, THE RULES, REGULATIONS, AND THE POLICIES, AS PROMULGATED OR AMENDED FROM TIME TO TIME.
2. REMINDER LETTER. IF A LOT OWNER REMAINS IN DEFAULT ON ANY ASSESSMENT FOR FIFTEEN (15) DAYS FOLLOWING THE ASSESSMENT’S DUE DATE, THE ASSOCIATION SHALL SEND A REMINDER LETTER TO THE LOT OWNER USING THE FORM ATTACHED HERETO AS EXHIBIT A (THE “REMINDER LETTER”).
3. NOTICE OF RIGHT TO CURE.
3. NOTICE OF RIGHT TO CURE.
A. IF A LOT OWNER REMAINS IN DEFAULT ON ANY ASSESSMENT FOR THIRTY-ONE (31) DAYS FOLLOWING THE ASSESSMENT’S DUE DATE, THE ASSOCIATION SHALL GIVE NOTICE TO THE LOT OWNER OF THE DELINQUENT ASSESSMENT AND THE LOT OWNER’S RIGHT TO CURE (THE “NOTICE OF RIGHT TO CURE”).
B. THE NOTICE OF RIGHT TO CURE SHALL BE IN WRITING AND SHALL CONSPICUOUSLY STATE:
I. THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE ASSOCIATION;
II. A BRIEF DESCRIPTION OF THE DELINQUENT ASSESSMENTS;
III. THE LOT OWNER’S RIGHT TO CURE SUCH DEFAULT;
IV. THE AMOUNT OF THE DELINQUENT ASSESSMENTS AND ANY OTHER REQUIRED PERFORMANCE,
V. THE AMOUNT OF INTEREST, PENALTIES OR COSTS, IF ANY; AND
VI. THE DATE BY WHICH THE ASSESSMENTS MUST BE PAID IN ORDER TO CURE THE DEFAULT.
C. THE ASSOCIATION SHALL DELIVER THE WRITTEN NOTICE OF RIGHT TO CURE TO THE DELINQUENT LOT OWNER PERSONALLY OR BY U. S. MAIL. IF NOTICE IS GIVEN BY MAIL, THEN:
I. THE ASSOCIATION SHALL USE THE LAST KNOWN ADDRESS OF THE LOT OWNER AS FOUND IN THE OFFICE OF THE ASSESSOR O |
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| 2/5/2024 | B4WV Other Change: Our purpose is to provide for the safety of our residents. There are 304 homes in the community. |
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| 5/20/2019 | RESOLUTION FILED. |
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| 5/8/2019 | AMENDMENT WITH RESOLUTION ATTACHED. |
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| 12/19/2018 | COMMITTEE CHARTER FILED. |
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| 6/19/2017 | CHANGE DUES FROM $33 TO $50 |
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