Board Seeks Member Input on Amendments to the LOWA Bylaws and Regulations New Owner Common Area Use Fee
In the Aug. 7, 2026, issue of Lake Currents, proposed amendments to the LOWA bylaws and regulations were published for member comment. As per the governing documents, these proposed amendments were reviewed and commented upon by the Rules Committee. LOWA's attorney then revised the proposals, incorporating the suggestions from Rules. The documents below represent those revised proposals. Members are invited to submit comments on these at [email protected] through Oct. 16.
The board will discuss these amendments at the Oct. 21 board meeting for final endorsement.
The regulation and bylaw shown here reflect all changes and updates as noted in Lake Currents 10/2/26 Issue.
Proposed Amendments to the LOWA Bylaws Relating to New Owner Common Area Use Fees LOWA BYLAWS ARTICLE XII
ASSESSMENTS
Section 1 through 5 (Remain the same)
Section 6: New Owner Common Area Use Fee. Notwithstanding the other provisions of these Bylaws, and in addition to the assessments, dues, fees and charges contained in the Declaration, the Articles of Incorporation and this Article XII:
- At the closing or otherwise upon acquisition where record title to one or more
a Lots is being conveyed to a new Owner who, by their acquisition of the Lot or Lots will become a new Member, a New Owner Common Area Use Fee will be paid by or on behalf of the new Owner(s) of the Lot or Lots to the Association, in an amount, as determined annually by the Board in its discretion, not to exceed the annual assessment levied on each numbered Lot by the Association for that fiscal year pursuant to the Declaration, these Bylaws and the LOWA Regulations.
The New Owner Common Area Use Fee imposed by this Section 6 is a one-time fee only to new Owners as described above, related to the use of the Common Areas, facilities and amenities in the LOWA community, including the streets, lakes, marinas, beaches, recreational facilities, golf, tennis, pools, fitness facilities, the clubhouse and grounds, as contemplated in Section 55.1-1805 of the Virginia Property Owners’ Association Act, with an intended purpose of helping offset the costs of maintaining, repairing, and replacing these Common Areas, facilities and amenities.
For purposes of this Section, a “new Owner” and “new Member” shall mean an Owner or Member who at the time of the acquisition was not an Owner of one or more Lots, including a fraction of a Lot.
b. The Common Area Use Fee will not be required in the following circumstances:
1. if the Lot is transferred to a Trust, limited liability company or other legal entity under which the current Owner will continue as the primary occupant or resident of the Lot; or
2. if the Lot is acquired pursuant to a bequest, inheritance,
or transfer on death deed, or other estate planning method; or
3. if the Lot is acquired by a creditor who holds an interest in the Lot as a security for an obligation to pay money and realizes upon their security and becomes the owner of the lot.
Proposed Amendments to the LOWA Regulations Relating to New Owner Common Area Use Fees LOWA REGULATIONS
XV. ESTABLISHMENT OF USERS FEES, ASSESSMENT SETTLEMENT AND OTHER CHARGES
A. GENERAL (Remain the same)
B. FEES
(Remain the same)
New Owner Common Area Use Fee:
Notwithstanding the other provisions of this Section XV, and in addition to the Assessments, Dues and other Fees and Charges herein and in the Declaration, Articles of Incorporation and Bylaws,
and as contemplated in Section 55.1-1805 of the Virginia Property Owners’ Association Act:
- At the closing or otherwise upon acquisition where record title to one or more Lots is being conveyed to a new Owner who, by their acquisition of the Lot or Lots will become a new Member, a New Owner Common Area Use Fee will be paid by or on behalf of the new Owner(s) of the Lot or Lots to the Association, in an amount, as determined annually by the Board in its discretion, not to exceed the annual assessment levied on each numbered Lot by the Association for that fiscal year pursuant to the Declaration, Bylaws, and these Regulations.
The New Owner Common Area Use Fee imposed by this Section XV.B
is a one-time Fee only to new Owners as described above, for use of the Common Areas, facilities and amenities in the LOWA community, including the streets, lakes, marinas, beaches, recreational facilities, golf, tennis, pools, fitness facilities, the clubhouse and grounds, as contemplated in Section 55.1-1805 of the Virginia Property Owners’ Association Act, as amended, with an intended purpose of helping offset the costs of maintaining, repairing, and replacing these Common Areas, facilities and amenities.
For purposes of this Section, a “new Owner” and “new Member” shall mean an Owner or Member who at the time of the acquisition was not an Owner of one or more Lots, including a fraction of a Lot.
- The Common Area Use Charge will not be required in the following circumstances:
a. if the Lot is transferred to a Trust, limited liability company or other legal entity under which the current Owner will continue as the primary occupant or resident of the Lot; or
b. if the Lot is acquired pursuant to a bequest, inheritance, transfer on death deed, or other estate planning method; or
c. if the Lot is acquired by a creditor who holds an interest in the Lot as a security for an obligation to pay money and realizes upon their security and becomes the Owner of the Lot.
Section C. through G. (Remain the same)
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