| | Governing Documents
People who purchase homes in EcoVillage self-select; there is no screening or interview process to determine whether individuals are the right “fit” for the community. Instead, prospective buyers and renters are encouraged to read and ask questions about EcoVillage governing documents, which contain substantial information about what to expect of EcoVillage life, and determine individually whether this is the right community. Below is a description of the documents that comprise the expectations and limitations related to living in EcoVillage:
EcoVillage Statement of Mission, Values, Goals and Objectives
• articulates the direction of EcoVillage
• serves as a touchstone for the community to evaluate where we are vs. where we want to be
• as we move forward and identify areas of concern or ideas for new initiatives that have not been addressed in documents to date, the Statement of Mission, Values, Goals and Objectives provides a context for determining our position and direction on any given issue.
Declaration of Covenants, Conditions, Easements and Restrictions for EcoVillage of Loudoun County
• defines the rights and authority of Sycamore Springs LLC, the developer, and rights and authority of EcoVillage Community Association over the 90 acre subdivision
• defines the Powers and Duties of the Association and the Association’s membership
• documents that the Association recognizes its subjugation to applicable VA laws, e.g. VA Nonstock Corporation Act and VA Property Owners’ Association Act
• documents the relationship of Sycamore Springs LLC and EVCA vis a vis Loudoun County. Provides the County with reassurance that this private arm of government known as a community association will carry out certain responsibilities, and that those responsibilities will not be thrust upon the County, e.g. private road maintenance.
• documents the rights of public service entities, such as utility companies and emergency service companies vis a vis EcoVillage common property and individual property Owners
• documents the rights and restrictions upon individual Owners during the construction process
• lays out the powers and basic procedures for levying assessments on individual Owners
• documents the remedies that the Association can use to deal with non-payment of assessments and fees and other covenant violations, therefore providing a basis for subsequent action within the legal system
• identifies the rights of EcoVillage Institute with respect to EcoVillage commons
• lays out the restrictive covenants to which each Owner, Resident and Guest is subject while on the property
• defines the types and levels of insurance that must be purchased to insure Common Property, thereby assuring all Owners and their Mortgagees that that portion of their investment which has paid for Common Property is protected
• defines procedures for reconstruction and repair of Common Property that is damaged
• defines the dispute resolution procedure that will be used by the Association and documents individual Owner’s and Resident’s waiver of their individual right to take legal action against the Association prior to going through this procedure; also the individual’s waiver of their individual right to take legal action against another Owner or Resident regarding a covenant violation prior to going through this procedure
• documents the rights of Mortgagees; documents the assets that are actually being purchased by individuals to whom they loan money (mortgagees may require a copy of the Declaration when an individual requests a loan)
• provides the foundation of legal force for all Governing Documents through the following definition:
Governing Documents means the EcoVillage Statement of Mission, Values, Goals and Objectives; this Declaration, the Articles of Incorporation of EcoVillage Community Association, the Bylaws of EcoVillage Community Association, the Rules and Regulations of EcoVillage Community Association, and the EcoVillage Architectural and Environmental Design Guidelines, as such documents may be amended or replaced from time to time.
Articles of Incorporation of EcoVillage Community Association
• defines the purposes and limitations of the corporation
• documents the corporation’s subjugation to the VA Nonstock Corporation Act
• defines the membership and voting rights of Members
• defines basic rules of operation by the Board, e.g. qualifications, nominations, removal
Bylaws of EcoVillage Community Association
• defines the organizational structure and decision-making process of EVCA
• defines the requirement for community service for Adults and Youths
• defines basic fiscal management activities and standards
• defines the procedures and general schedule for meetings
• documents EVCA’s approach to the issue of confidentiality
• details the qualifications, powers and authority of Board, General Circle and standing committees: Architectural & Environmental Design Review, Common House, Covenant Compliance, Economic Development, Facility Maintenance, Finance, Land Stewardship, and Social
• documents indemnification
• defines and lays out procedures for addressing conflict of interest
• defines the form of and access to EVCA records
Guidelines and Procedures of EcoVillage Community Association
• minimally drafted at this time
• the state of Virginia refers to these as Rules and Regulations. They are procedural in nature, so our descriptive title seems more appropriate.
• expect that these will evolve from each committee over time, (e.g. Finance Committee has developed EVCA Investment Guidelines).
EcoVillage Architectural & Environmental Design Guidelines
• provide the details that apply to all changes on, over and under all of the Property, including Improvements to Common Area and Improvements to all Lots located on the Property following initial purchase of a Lot by an Owner
• management of natural resources includes issues related to land and soil, water and wetlands, air and sky dome, plant life, and native and non-native wildlife
• guidelines for community quality include landscape structures, (e.g. fences), permitted uses and operation of individual Lots, permitted uses and operations of Common Area, including Protected Conservation Areas, paths and trails.
• guidelines for architectural design include a section on aesthetics (building form, size design features, and materials); energy performance standards for buildings, and standards for septic systems and water use.
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