Issues documented in the record
The arguments below are drawn from association documents, the March 23, 2026 demand letter from Cornerstone Law Group (counsel for the homeowners), and the follow-up records request to the Board and MJF Associates. They are presented as documented facts, counsel's arguments, and opinion-based issues for review — not legal conclusions.
March 23, 2026 demand letter — Cornerstone Law Group, on behalf of the homeowners (full PDF). The letter demands removal of all fines associated with violation #123723 and argues the fines are not supported by the HOA declarations for four reasons:
- The Board has not identified a Declaration provision or homeowner duty that is the basis for this violation.
- The scope of the ARB is limited to approval and inspection of non-conforming structures resulting from the acts of owners — not storm damage.
- The fines were issued after the shutter had already been repaired (October 21, 2025).
- Counsel argues that the Declaration, Bylaws, and Articles of Association do not support assessments acting as fines.
Counsel information is available in the source PDF.
Part 1 — Authority to cite and fine
1. Storm damage, no cited Declaration basis, and limited ARB scope
According to the demand letter, the open violation resulted from a storm that hit the homeowners' house — a shutter blew off during a routine neighborhood inspection. The October 14, 2025 hearing (without the homeowners present) decided to fine them $10/day until the shutter was repaired. No Declaration or Bylaw was cited as the basis for treating "missing front shutter(s)" as a violation.
Counsel argues this enforcement effectively requires homeowners to prevent acts of God from damaging their property. The word "shutter" does not appear in the recorded Declaration, Articles of Incorporation, or Bylaws; it appears only in the ARB Criteria & Standards, which describe themselves as "a guide."
"No building, fence, wall or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alternation therein be made … until the plans and specifications … shall have been submitted to and approved in writing."
— Declaration Article V, Section 1 (quoted in demand letter)
The demand letter argues this ARB scope is limited to preventing violating structures from being "commenced, erected or maintained" — and does not authorize enforcement for damage to property outside of the owner's acts. Article VII addresses owner maintenance separately, without involving the ARB and without authorizing fines, according to counsel.
Demand letter (Mar 23, 2026)
2. "Trash and Exterior Maintenance Policy" does not appear to cover shutters
The policy posted on the Association website (Resolution #2016-01, adopted October 11, 2016) addresses trash storage, vehicles, unattended items, and similar lot conditions. Despite its title, it contains no rule about shutters, siding, paint, trim, or building-component upkeep.
In our opinion, based on the evidence reviewed, the policy does not appear to supply a published rule imposing a shutter obligation backed by fines — even though the ARB Standards reference a separate "Covenant and Rule Enforcement Policy" for fine authority.
Trash & Exterior Maintenance Policy (#2016-01)
3. Covenant & Rule Enforcement Policy missing and unpublished
The ARB Criteria & Standards state that the "Covenant and Rule Enforcement Policy" gives the Board "the authority and procedures for enforcing the covenants and rules of the Association." That document is not listed on the HOA's public Documents page and has not been provided to the homeowner.
Virginia POAA § 55.1-1819(A) requires that rules "shall be reasonably published or distributed throughout the development." § 55.1-1819(B) allows violation charges only "to the extent the declaration or rules and regulations duly adopted pursuant to such declaration expressly so provide."
The records request asks for this policy, the Board resolution adopting it, its adoption date, and proof of publication to members within ten business days under Va. Code § 55.1-1815.
Virginia Code § 55.1-1819 · § 55.1-1815 (records access)
4. Fines and "daily assessments" — authority issue for review
The demand letter states plainly: "In fact, the declarations or bylaws do not authorize fines or 'daily assessments' at all." In counsel's view, the $10/day charges imposed after the October 14, 2025 hearing are assessments acting as fines without express authorization in the Declaration, Bylaws, or Articles of Association.
The follow-up records request asks the Association to identify the specific recorded Declaration provision or duly adopted, published rule it relies on to (i) treat a missing shutter as a violation, and (ii) continue assessing charges after the condition was cured. Based on documents reviewed, the homeowners have not located such a provision in writing.
Demand letter (Mar 23, 2026) · Hearing response ($10/day schedule)
Part 2 — Cure, reinspection, and continued charges
5. Repair completed before fines started
The contractor invoice documents repair work performed October 20–21, 2025, with completion on October 21, 2025. The stated correction deadline was November 4, 2025, and $10/day assessments were scheduled to begin November 5, 2025.
The condition was cured before the first per-day charge date on the hearing record. The demand letter states the fines began anyway on November 5, 2025 and continued even after the repair — until the homeowners scheduled a reinspection to confirm the violation had been removed.
Contractor invoice (Oct 23, 2025) · Hearing response with deadlines
6. HTTP-only reinspection portal
The only self-service reinspection channel advertised in the hearing response and account statements is an HTTP-only (non-secure) website: http://mjfarb.com/reinspect/. The homeowner states he could not reasonably or securely use this system to request reinspection.
Notices emphasize a 24/7 internet channel; a phone number (703-369-6535) is also listed as an alternative. The reversal denial nonetheless cites failure to follow reinspection instructions as the basis for disapproval.
Based on documents reviewed, the homeowners have not located a governing document stating that a violation continues after cure if reinspection was not requested, or that liability continues solely because reinspection was not requested.
See portal evidence and video · Hearing response · Reversal denial form
7. Ambiguous "assessed" language in notices
The November 2025 statement reads: "Your property is currently being assessed for an open violation." In governing documents, "assessment" typically means a monetary charge (dues or fines). This phrasing can also be read as a property inspection or review.
The homeowner states he understood "assessed" to mean the HOA would re-inspect the property on its monthly cycle — not impose a daily monetary fine — and therefore waited for the Association's monthly cycle rather than using the HTTP-only portal.
Account statement (Nov 10, 2025)
8. Continuing charges after cure — reinspection not required by governing documents
The demand letter argues: "Nothing in the declarations or bylaws tie fines to re-inspection scheduling, notice of cure, or anything that is not a present physical deficiency of the property." No express language on this point was located in the Declaration, Bylaws, ARB Standards, or Assessment Collection Policy.
Counsel further states the homeowners were regularly inspected by ARB members in the same manner that initially found the missing shutter — yet those inspections failed to note that the violation had been corrected while daily fines continued to accrue.
The reversal denial cites reinspection instructions as the basis for disapproval; based on documents reviewed, it does not cite a governing-document provision stating fines continue after repair absent reinspection. The records request asks the Association to identify the specific rule relied upon to continue assessing charges after cure.
Reversal denial form · Demand letter (Mar 23, 2026)
9. Statutory charge limits — issue for review
Virginia POAA § 55.1-1819(D) limits continuing-offense charges to $10 per day and states that total charges for a continuing offense "shall not be assessed for a period exceeding 90 days." Ninety days at $10/day equals a $900 ceiling for per-day charges on a single continuing offense.
Without an itemized statement, the homeowner cannot verify whether charges exceeded this cap. Presented as an issue for review, not a legal conclusion.
Virginia Code § 55.1-1819(D) · Account statement (Jun 10, 2026)
Part 3 — Board process and response
10. Minutes lack findings; denial form gives procedural reasons
February 2026 board minutes record: "A motion was made to deny the reversal, was seconded, and the decision was unanimous. The reversal was denied. Account #18XXX." The minutes contain no discussion of whether the violation was cured, the contractor invoice, or reinspection.
The concern is not that the file contains no denial explanation at all. The separate Reversal Denial form does give reasons: missed hearing attendance, delayed management contact, reinspection instructions, and uniform treatment. The concern is that those reasons are not matched to any cited Declaration, Bylaw, published rule, or policy provision authorizing continued charges after repair.
Board minutes (Feb 2026) · Reversal denial form
11. Denial reasons not tied to a cited governing-document basis
The Reversal Denial form states that the homeowner did not attend the hearing, that management was not contacted until after the assessment process was underway, that multiple communications provided reinspection instructions, and that all homeowners are held to the same standard.
Those are procedural or administrative reasons. Based on documents reviewed, the denial does not cite any Declaration, Bylaw, published rule, or policy provision making missed hearing attendance, delayed management contact, or failure to use the reinspection process an independent fineable violation or a contractual basis to keep charges after repair.
The issue for review is whether the Association can identify the exact recorded covenant or duly adopted, reasonably published rule supporting each stated denial reason.
Reversal denial form · Legal interpretation issues
12. Decision date and body mismatch
Board minutes show the reversal was decided at the February 10, 2026 board meeting. The Reversal Request Form is dated and signed "reviewed by Architectural Review Committee 02/17/26" — a different date and a different body.
Board minutes (Feb 2026) · Reversal denial form
13. Demand letter sent — no documented response
On March 23, 2026, counsel for the homeowners mailed a demand letter to the Board (c/o MJF Associates) regarding fees charged to ***** Marsh Overlook Dr. The letter demands removal of all fines associated with violation #123723.
As of the follow-up records request, no response had been received. The homeowners re-transmitted the demand letter and asked for written confirmation of receipt.
April 14 and May 21, 2026 board minutes — both after the demand letter — contain no reference to the demand letter, a refund request, or Account #18XXX. Based on the minutes reviewed, the public record does not show whether the board formally considered the demand.
Demand letter (Mar 23, 2026) · April minutes · May minutes
14. Missing association complaint procedure
The HOA's public Documents page does not list a written complaint procedure or complaint form. Virginia Code § 54.1-2354.4(A) requires associations to adopt such a procedure, including the address for complaints and notice of the right to appeal a final adverse decision to the Common Interest Community Ombudsman.
The records request asks for this procedure within ten business days. The homeowners state they intend to submit a formal complaint through the Association's procedure and, if necessary, to the Ombudsman.
Virginia Code § 54.1-2354.4 · Official complaint paths
Part 4 — Billing and account transparency
15. Commingled, unitemized balance ($960.60)
The June 2026 statement shows a balance of $960.60 as a single unitemized lump sum. It appears to combine:
- Disputed violation fines and accrued interest
- Ordinary semiannual HOA dues ($265.00 for Jul–Dec 2026)
- Monthly late interest at 10% per annum on the unpaid balance
Commingling a disputed charge with undisputed routine dues in one figure prevents verification against Va. Code § 55.1-1819(D) and could make routine dues appear delinquent because of the disputed fine.
The homeowners do not dispute ordinary HOA dues and state they intend to keep those current. The dispute is limited to the violation fine and any interest or charges arising from it.
Account statement (Jun 10, 2026) · Account statement (Nov 10, 2025)
16. Itemized account statement requested
Pursuant to Va. Code § 55.1-1815, the records request asks for a fully itemized account statement from August 1, 2025 to the present, showing each charge separately by date, type, and amount — specifically distinguishing:
- (i) The violation fine
- (ii) Any interest or late fees
- (iii) Attorney or collection costs
- (iv) Ordinary semiannual HOA dues
In our opinion, based on the evidence reviewed and the records request, homeowners should be able to see how the $960.60 balance is calculated rather than carrying it as one lump sum.
Virginia Code § 55.1-1815 · Current statement (unitemized)