About the Appeals Board
The Appeals Board is comprised of five members appointed by the Board of Trustees. Appeals Board members are also members of the Conservancy, and one member, when practicable, is an attorney licensed to practice law in the State of Virginia. The Appeals Board has the power and duty to decide appeals to decisions made by the Architectural Review Board. This Board also decides cases of alleged infractions of the Governing Documents.
DUTIES AND RESPONSIBILITIES:
The Appeals Board shall have the power and duty to:
Upon written petition from affected owners, decide appeals to decisions of the Architectural Review Board.
Upon written petition from any member of the Conservancy decide cases of alleged infraction of the Governing Documents, including alleged failure of the Architectural Review Board to perform its duties and thereupon compel or enjoin further action of parties found in violation of the Governing Documents.
Adopt procedures for the exercise of its duties and enter them in the Book of Resolutions.
Maintain complete and accurate records of its proceedings; such records to be available for inspection by Members during business hours, except that records relating to hearings on a Member’s alleged infractions of the Governing Documents may be inspected only by the principals in such proceedings.
NUMBER – The Appeals Board shall be comprised of five members, all of whom shall be members of the Conservancy and none of whom shall be a Trustee. Where practicable, one member should be an attorney licensed to practice law in the Commonwealth of Virginia.
METHOD OF SELECTION – The Appeals Board shall be appointed by the Board of Trustees.
TERM – Appointed members shall serve for three years.
VACANCIES – if a vacancy occurs, the Board of Trustees shall appoint a member to fill such vacancy until the end of the unexpired term.
OFFICERS – At the first meeting of the Board following each Annual Meeting of Members of the Conservancy, the Board shall select from among themselves a Chairperson, a Vice-Chairperson, and a Secretary who shall perform the usual duties of their respective offices.
TEMPORARY ABSENCE OF MEMBERS – If any member is or expects to be temporarily absent from the community so that he is unable to attend any meeting during a period of thirty (30) days, such member of the remaining members may request one of the alternates to serve in his stead during the period of such absence.
QUORUM – A minimum of three members and / or alternates must be present to hear an appeal.
NEW MEMBERS AND ALTERNATES – Newly appointed members and /or alternates are encouraged to attend Architectural Review Board meetings.
PROCEDURE FOR REQUESTING AN APPEAL
OPERATIONS -- An applicant or other affected residents/clusters who are dissatisfied with the decision rendered by the Architectural Review Board on the resident’s application for exterior alteration, may request an appeal by giving verbal notice to the Community Services Coordinator-ARB within five (5) days of receiving in writing the Architectural Review Board's decision, followed by a written request within 20 working days.
For alleged infractions of the Governing Documents, members may submit written requests for Appeals Board review to the Chairperson of the Appeals Board, c/o Burke Centre Conservancy, 6060 Burke Centre Parkway, Burke, VA 22015-3702. E-mail to firstname.lastname@example.org.
CRITERIA FOR REVIEW – The function of the Appeals Board, when hearing an appeal from a decision by the Architectural Review Board, is to review that decision in light of the following criteria:
- The Architectural Review Board followed proper procedures in reviewing the application.
- The applicant (or other concerned and directly affected person(s) who have indicated a desire to be heard) received a fair hearing.
- The decision rendered by the Architectural Review Board has a rational basis and was not arbitrary.