Board Announcement

Hello Stoney Glen Community, 

Attached is the resolution for our appointment of our interim Board members. Please note that these Board members will only serve until the next scheduled election due to take place at the end of this year. I am pleased to announce both Tim Casten and Sal Errico have accepted the board positions and will be serving our community until January 2020. Our first order of business was to hire a management company to help with our community affairs. The Board is pleased to announce that we have contracted MyStreet as a management company for the next two years. Aaron Goodman and company come highly recommended and will assist our neighborhood in its maintenance and its efforts to grow. We have posted the contract along with some other information within the site for your knowledge consumption. As always, I am here to help and answer any questions you may have. Please feel free to reach out to me at SGHA@stoneyglen.com or President@stoneyglen.com . 

Thank you
Erin Duffus

Special Meeting Announcement

Attention Neighbors:

Please consider this notice that the Board of Directors (“Board’) of Stoney Glen Community Association, Inc. (“Association”) resolves to hold a Special Meeting (“Meeting”) of the Board at 6:00pm on July 31st, 2019 at Stoney Glen Oak Hollow Pool- tennis courts- for the purpose of appointing Directors to fill two vacancies on the Board. 

As you may be aware recently several Directors resigned from the Board.  The Association is; in addition to being the property owners’ association; responsible for enforcing the covenants, restrictions and affirmative obligations of the Association’s Declaration, a Virginia nonstock corporation.  The Board is authorized to act on behalf of the Association and, pursuant to Article IV of the Association’s Articles of Incorporation, the Association shall be managed by a three member Board.

 

Currently there is only one Director remaining on the Board.  The remaining Director consulted with the Association’s legal counsel regarding how to fill the two current vacancies on the Board and was advised that, under applicable law (specifically the Virginia Nonstock Act), because the vacancies on the Board have resulted in the Directors remaining in office constituting fewer than a quorum of the Board, that the remaining Director may fill the vacancies by the affirmative vote of the sole Director who remains in office.  Accordingly, at the upcoming Meeting the remaining Director will vote to appoint two persons to fill the two vacant Director positions, with such persons to serve until the next annual meeting of the Association’s members, at which time their successors may be elected.

Please note, there will be provided at the Meeting a designated period of time for Association members to comment on the topics listed on the Meeting’s agenda.

The agenda for the July 31st meeting can be found here

 

Should you have questions you may contact Stoney Glen Home Owners Association, Erin Duffus; SGHA@stoneyglen.com; 804-720-5552.

 

Playgrounds Update, v.2

Members,
Virginia Playground Systems will be coming next week to give Stoney Glen some suggestions to make our playgrounds safe for our children.

Liability issues have become so great that it is the main function of the board to provide preventive maintenance and yearly inspections to insure playground safety.

It is also our responsibility to protect each and everyone one of you from excessive liability from an accident. An HOA from Vegas is learning the hard way, folks are now worried about losing their homes, homeowners are responsible for the difference in the settlement amount and the amount their liability insurance covers.

I have attached the link below and it is eye opening for sure.

Thanks for your patience,
Timothy Casten

https://www.fox5vegas.com/news/homeowners-consider-suing-hoa-after-it-loses-million-swing-set/article_67296a3f-b740-5967-8cf1-840d38126e33.html

Playgrounds Update


Hello Neighbors,

I understand the concerns for the playgrounds, as I stated previously, the playgrounds will remain closed until such time they are repaired, replaced, inspected and deemed safe by a professional inspection.

Below is a letter received today from the Associations Attorneys.

Thanks,
Timothy Casten


”Tim

With respect to all Stoney Glen Community Association, Inc. (“Association”) playground equipment and common areas that are used as playground areas (“Playgrounds”), please consider the following:
The Association has the obligation, 24/7/365 to insure that Playgrounds, including (and especially) all of the equipment located thereon, are in a reasonably safe condition to be used in the manner intended and reasonably expected.
Although not expressly stated in the Association’s governing documents, in order for the Association to satisfy its obligations referenced in #1, the Board should take steps and implement procedures that provides the Board with the ability to insure that the Playgrounds and the equipment are in good, safe and properly maintained order.
Routine inspections, including with the use of professionals, as necessary, should be implemented to achieve satisfaction of the Association’s obligations.
Playgrounds can cause a unique and very costly liability situation for the Association for two reasons: a) they obviously attract children who are more prone and susceptible to be injured by grounds and equipment that are not safe primarily due to their lack of awareness and the attractive nature of the premises; and b) playground equipment requires constant maintenance and undergoes wear and tear and degradation due to exposure to the elements and, therefore, presents a constant opportunity for injury or death in the event of failure or degradation.
We recommend that, at any time, that any and all unsafe conditions at a Playground are remedied as soon as practicable and that until the remedy is implemented that they are clearly indicated as being closed or not to be used.
The Board should meet with the Association’s premises liability insurance carrier to: a) review and inventory all of the portions of the Properties that the Association has the obligation to insure, including and especially, the Playgrounds; b) discuss whether the existing coverage is sufficient; and c) whether umbrella coverage should be obtained.
In our meeting we discussed a Nevada community association that was involved in a very serious matter of civil litigation that resulted in a judgment of
$15 million + as a result of a brain injury caused by the failing of a common area swing set that the association board of directors had not properly maintained.
If the last credible inspection of the Playgrounds was 8 years ago, the Board should have the Playgrounds inspected as soon as possible and we suggest that the Playgrounds are closed until and unless the Board can credibly establish that they are in a safe and properly maintained condition.
The bottom line is that if the Playgrounds are not safe, then the Association and the Board are significantly exposed to liability due to what would invariably be a viable cause of action based on negligence in the event of an injury or death.

I trust this is helpful and please call me with any questions.

Andrew G. Elmore, Esquire | Fellow, College of Community Association Lawyers

Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.
201 Concourse Blvd., Suite 101
Glen Allen, Va 23059”

Stoney Glen Playground Inspection, 2011

July 3, 2019

Homeowners,

I am writing to advise you that due to the current unsafe conditions of the playgrounds, they have been roped off and closed due to liability and safety concerns.

In 2011 the HOA paid to have a playground inspection done on Stoney Glens 2 existing playgrounds.

Issues that were a safety concern eight years ago are still apparent on the playgrounds today.

1. The older play area currently has about 4 inches of woodchips throughout the play area, 12 inches is the recommendation.

2. Play World Systems Structure - Slide has cracks in the exit region.

3. Big Toys Playhouse Roof Board and hardware chipped.

4. Game S overhead Ladder - Rusted

5. Swings multiple S hooks rusted or worn.

6.PolyWall Retainer Wall - Older Lot - Soil Nails Protruding some missing.

7. Paint Erosion noted numerous pieces of equipment.

8. Playworld Systems Structure - Platform at Hdwr at step bouncer worn.

9. Big Toys EC Custom Structure Tot Lot - 4 Bolts and Hardware is missing at the top of the slide.

10. Big Toys EC Custom Structure age 5 - 12 sign missing.

11. PlayWorld Systems Structure Both Slide top connections broken.

Below are the Pictures of the subject equipment from Innovative PLayground Services Inc.

The Stoney Glen Board is committed to correcting these issues ASAP.

The Safety of our Children, Grandchildren and Guests Children is our main concern and a priority.

Thanks,

Timothy Casten, President 

Stoney Glen Homeowners Association.


Attached here is Stoney Glen’s most recent playground inspection.

Below are pictures taken of the playground equipment on July 3, 2019. The playground is currently closed until the issues can be addressed properly and safely.