As you perused our NTRA Bylaws, you probably noted references to our Articles of Incorporation. It is easy to miss this document because it is so much shorter than all other parts of the large Disclosure packet we received when purchasing a home in New Town.
Articles of Incorporation for HOA’s vary by state, but generally set the name of the the Homeowners’ Association; declare its function as a non-profit, mutual-benefit corporation; and identify its agent (the person authorized to receive legal notices on the HOA’s behalf). Our Articles also enumerate the obligations and authority of the HOA, set the terms of membership, and protect officers and others working on behalf of the HOA from some types of liability.
In essence, the Articles give legal status to the organization. It is the only Governing Document that must be available to members of the public and filed with James City County as well as the Corporation Commission of Virginia. Importantly, our current Articles provide for the appointment of Directors (who did not need to be Owners or residents) during the period of Developer Control, but also delineate the process for electing the Board of Directors by our members after the expiration of Developer Control (2020).
Because a large portion of our Articles of Incorporation concern the role of the Developers and are no longer pertinent, you can expect an even shorter, revised document for your review in the near future. Stay tuned as we finish unraveling the mysteries of our current governing documents and prepare to study the revisions, which will be as concise as the law and necessity allow. Your well-informed vote matters!
CRIER STAFF NOTE: The Articles are the final segment of our Crier series on the current NTRA Governing Documents. Look for the rollout of our new draft documents in the September Crier.