Announcements
Speeding:
It has been brought to the attention of the Board that our own homeowners are driving through the community at excessive speeds. The offending parties have been identified as young, high school aged and most likely inexperienced, drivers. Over the past year, we have had several young children added to the roles of our residents. Please help keep these youngsters safe by driving slowly through our streets. Advise your teenagers to do the same. The Board has made a special request to the Sheriff’s office to be vigilant for speeders in the neighborhood. The Sheriff’s office assures us that they will, indeed, enforce the speed limits.
Streetlight Outages:
If you see that a streetlight near your home is out, you can report the outage directly to Shenandoah Valley Electric Coop (SVEC). The HOA pays the electric bill for the streetlights in our community. Our SVEC Account number is 1032051-002. To report a streetlight outage, call 540 450 0111 and stay on the line. Do not select the menu item for reporting outages. When a representative comes on the line, let them know that you want to report a streetlight out in the Raven Pointe community. They will ask for our account number and the location of the streetlight. Each streetlight in our community has a number that runs vertically along the pole. In addition to the street, give the representative the pole number. They will take the information and schedule the repair. If you observe that the light is still out after two (2) weeks it is necessary to call SVEC again.
Guidance for Trick or Treating
The Board of Directors does not generally regulate, schedule or cancel trick-or-treating activities for Halloween each year. Historically, Trick-or-Treating has occurred on Halloween beginning at Dusk and ending around 8:00. There have been rare exceptions when the area was threatened by a hurricane.
If you choose not to hand out candy this year (or any year), please turn off your porch light that evening. Having your porch light on traditionally means that you are handing out treats.
If you do choose to participate by Trick-or-Treating or by handing out candy, please see the guidance below from the Virginia Department of Health.
The Board is not encouraging anyone toward one decision or the other. Please decide for your family what you believe is right and reserve judgment for anyone who makes a different decision, remembering that not all of us are in the same situation.
- VDH recommends NOT trick or treating in large groups or outside your own neighborhood, and NOT holding haunted houses or other large Halloween parties. To stay healthy and safe during Halloween, consider activities such as decorating your living space, carving pumpkins with people who live with you, or having a virtual Halloween costume contest.
Signage:
In the past, the issue has come up as to whether the restrictive Covenants in the Raven Pointe Deed of Dedication prohibit the posting of political signs by homeowners on their lawns. The 2016 Board asked counsel to look into the matter and based on the information provided, the Board has concluded that the Covenants legally prohibit the placement of any signs, including political signs, on Lots in Raven Pointe with a single exception. The only exception is “For Sale” signs and even that is regulated as to size. We base this on the following:
Article VII, Paragraph 2 of the Deed of Dedication - Use, Restrictions and Covenants (“Covenants”) clearly sets out an unequivocal prohibition that covers all signs, including political signs, as described above.
Some homeowners may argue that they have a First Amendment right to freedom of speech and that their constitutional rights trump the language in the Covenants. They may even cite cases where state and federal courts have found that homeowners have a First Amendment right to display political signs on their lawns. A suit against Arlington County is but one example.
The homeowners are correct as to their First Amendment right; however, it is a right that can be contracted away by homeowners. The leading cases on this subject all involve a government agency, usually local, enacting an ordinance or regulation that prohibits political signs. The First Amendment Right was intended to prevent the government from abridging the right to free speech. It does not extend to similar prohibitions by HOA’s.
Every homeowner, whether they read them or not in advance of settlement on their homes, contractually obligated themselves to abide by the Covenants. Moreover, the Raven Pointe Covenants have been a matter of public record since they were filed in 2004. It is considered notice to all. The homeowner’s right to contract away his/her First Amendment right with respect to political signs, negates the First Amendment claim.
To address that issue, some States have enacted laws restricting HOA’s from adopting regulations to prohibit political signs. Apparently, Virginia has not even though Bills were introduced on two separate occasions to do so. Both attempts failed after the lobbying of the Community Association Institute against the legislation. To our knowledge, that is still the situation.
Virginia Code §15.2-109 restricts the ability of a “locality” to prohibit the display of political campaign signs on private property. Virginia’s Attorney General issued an opinion in 2004 on the applicability of §15.2-109. The AG concluded that “locality” meant county, city, or town and the restriction did not apply to HOA’s.
The Board encourages all homeowners to participate in the election process to the extent they want so long as it does not violate the Covenants. Political signs can be placed inside windows of the dwellings, for example.
Guidance for July 4th Celebrations:
As a matter of public safety, homeowners need to
remember that there are restrictions on the
types of fireworks and displays permitted in
Frederick County. Please consult the Frederick
County website, specifically, Fire and Rescue:
Fire Marshal’s Office. There is an
Approved Fireworks List on a drop-down menu.
There have been reported incidents in past years
where nearby homes were threatened with
fireworks launched from one Lot that landed on
houses on other Lots and cars nearby. This is a
matter of grave safety concern; not just fire,
but an errant “rocket” could injure
nearby children and adults.
Further, you may be held responsible for actions
taken by your guests should they violate
Virginia law.
Doggie Bags!
Within the boundaries of our development, all dog owners are required to "clean up" droppings. We ask that you respect the yards of other neighbors as well as the open lots and public areas of Raven Pointe. Use of an empty lot or common area by your pet does not eliminate the requirement that you remove and properly dispose of your pet's droppings.
Thank you for your attention, and compliance. This will keep our neighborhood a beautiful and safe place for all to enjoy!
Stopping for School Buses
The Board received the following message from a concerned parent in the neighborhood and is passing along this information so all our residents are aware of their responsibilities when school buses are loading and unloading children in Virginia.
" For the last two days cars of residents that live in our neighborhood have not stopped at the bus stop at Cahille and Doolin. They are required to as the bus is stopped on the corner and kids could be crossing Cahille or Doolin."
Please see the following Frederick County traffic regulations regarding stopping for school buses when picking up / dropping off children:
https://vacode.org/2016/46.2/III/8/7/46.2-859/
The Board is aware that there are coyotes living near Raven Pointe. Some residents of Summerfield Drive have observed them on the farm behind their homes. The following information is from the Virginia Department of Game & Inland Fisheries. We have also attached a PDF from the DGIF that goes in to greater details of their habits and the benefits of having them in our community. There is also a number for the Virginia Wildlife Conflict Helpline to use in the rare case of an aggressive coyote. Please review the brochure if knowing the coyotes are there is a concern for you.
https://www.dgif.virginia.gov/wildlife/nuisance/coyotes/
This species is primarily nocturnal, meaning they come out mostly at night; however just seeing them during the day is not a sign of rabies. They are commonly seen during the day in urban and suburban areas and are usually attracted there by a food source or an easily accessed area to make a den such as under porches/decks, crawl spaces or out-buildings. The best way to prevent them from becoming a problem is to not give them a reason to come.
- If you are feeding wildlife, stop. This will cause them to lose their natural fear of humans.
- Keep trash inside until the morning of trash pick-up or place trash in an animal proof container, such as a metal trashcan with latches on the lids.
- Do not leave pet food outside; keep pet feeding areas clean.
- Remove bird feeders when problem species have been seen around them.
- Close up all openings under and into your buildings. Animals look for places to den and raise their young – don’t give them that opportunity.
- Clear fallen fruit from around trees.
- Keep brushy areas in your yard cut down to prevent cover for coyotes.
- Keep small pets inside and on a leash when outside; they may be viewed by a coyote as prey. Larger dogs are viewed as a threat particularly from January to June while mating and birthing pups.
- Pass along this information to your neighbors. If anyone in the neighborhood is feeding wildlife directly, or indirectly, it can cause trouble for everybody.
- Install coyote proof fencing to protect unsupervised pets.
- Contact your local health department if animal exhibits signs of rabies such as stumbling, foaming at the mouth or aggression.
- There is no state bounty for coyotes; contact your county administrator’s office to see if there is a local bounty.
For more information about resolving human-coyote conflicts, please see Living with Coyotes Near Your Home in Virginia