Malvern of Madison

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The Malvern Club FAQ

Malvern Club, Inc. is a non-profit organization consisting of volunteers who organize and oversee all maintenance and improvement efforts within the Malvern Community. All lot owners in the Malvern subdivision are members of the Club and are an important part of the community. Additionally, members have a responsibility to follow all easements, reservations and protective covenants of Malvern of Madison. New lot/home owners should have received a "Disclosure Packet" that provides copies of the rules and procedures that govern Malvern of Madison. If not, please contact your Realtor or sales source. Many of the documents are available online in the

Documents and Forms page.

The purpose of this page is to provide some guidance to frequently asked questions about living in the Malvern Community. The answers come directly from the above mentioned "Disclosure Packet." Remember, this page does not replace the required written requests for Board actions or approvals. If you still have questions and can't find the answers on this page or in your "Disclosure Packet" please do not hesitate to contact one of the

Board Members.

Malvern Club Frequently Asked Questions (FAQ)

Just click the question of interest:

» Architectural:
  • Do I need approval from the Board to place a storage shed on my property?
  • What happens if I add a structure without prior approval?
  • Can I clear trees from my property?

» Buildings and Grounds:
  • What is the wildfire assessment for Malvern?
  • What are the laws concerning open fires and the "4 p.m. Rule?"
  • What is "CodeRed" the Emergency Communications Network and how do I sign-up?

» Clubhouse:
  • How do I rent the Clubhouse?
  • How much cleaning do I have to do after using the Clubhouse?

» Covenants/Deed of Dedication:
  • What are the Covenants/Deed of Dedication?
  • Where are the Covenants/Deed of Dedication?

» Home Owners' Association:
  • How are the membership dues determined?
  • How/when are membership dues collected?
  • Are yearly membership dues the same for all lots regardless of size/location/value/improvement?
  • What infrastructure and amenities?
  • Is it possible to consolidate adjoining lots into a single lot or to remove a lot from the subdivision in order to reduce or eliminate association dues?

» Lake Madison:
  • What/where are the Lake rules?

» Pool:
  • What/where are the Pool rules?

» Roads:

Q: Do I need approval from the Board to place a storage shed on my property?

A: YES. According to Article 5 of the Deed of Dedication, it clearly states that you must have "submitted to and written approval obtained from the Properties Owner Association" prior to adding a structure such as a shed to your property. You can obtain the appropriate forms from the web, from your Malvern packet, or call a board member directly.

Q: What happens if I add a structure without prior approval?

A: The Board will consider you in violation of the Deed of Dedication and will work with you directly in order to bring your property into compliance.

Q: Can I clear trees from my property?

A: Live evergreens under 6 inches in diameter and live hardwoods under 4 inches can be cleared. Larger trees require permission of the Architectural Committee. Dead and severely damaged trees may be removed for safety.

Q: What is the wildfire assessment for Malvern?

A: In September 2007, and reported in the

Fall 2007 Communicator, the Department of Forestry conducted a fire hazard/safety evaluation on Malvern.

The primary purpose of the evaluation was to determine the level of risk to our homes and residents in the event of forest fire or natural disaster. The evaluation included, but was not limited to, the following: water access for firefighting; cleanliness (brush and leaves); location of homes (proximity to woods and brush); and road design and access (for fire fighting vehicles and evacuation of residents).

Each of these areas were scored individually and added together for an overall rating of low to extreme risk. Malvern received a "Low Risk" rating. However, it was recommended that Malvern develop an evacuation plan. This recommendation was presented to Malvern Board in September 2007, for action. Residents interested in getting more information on wildfire and home fire prevention can access the

Virginia Department of Forestry website.

Q: What are the laws concerning open fires and the "4 p.m. Rule?"

A: The following is an abbreviated list taken from the

Virginia Department of Forestry (VDOF) on May 16, 2011. However, local weather conditions, fire restrictions, and bans may temporarily supersede the following general burning laws. So, if in doubt, please call the non-emergency number or email the

Madison County Volunteer Fire Department.

Burning and the 4 p.m. Law (source: VDOF FAQ as of May 16, 2011):

The 4 p.m. Law is a ban (or restriction) on open air burning before 4 o'clock in the afternoon if your fire is within 300 feet of the woods or dry grass which can carry the fire to the woods. You are allowed to burn between 4 p.m and midnight as long as you take proper care and precaution and attend your fire at all times.

The law goes into effect on February 15th each year and runs through April 30th.

The 4 p.m. Law was adopted during the 1940's to reduce the number of wildfires which occurred each spring. During this time of the year, Virginia traditionally has an increased number of fires. During the winter months, winds are usually elevated, the relative humidity is lower and the fuels on the forest floor are extremely dry, having "cured" without having the tree leaves to shade them.

After 4 p.m., winds usually calm down and the relative humidity levels are on the increase, both of which reduce the potential for a debris fire or any outdoor open air fire to escape your control.

Please visit the

VDOF website to view the full and latest

Burning and the 4 p.pm. Law FAQ.

And again, local weather conditions, fire restrictions, and bans may temporarily supersede the above general burning laws. To find a map of localities with outdoor fire restrictions visit the VDOF's

Local Burn Restrictions map. But, as VDOF says: "We list information here as a courtesy; however, always check with your local fire department or Sheriff's office prior to burning."

Q: What is "CodeRed" the Emergency Communications Network and how do I sign-up?

A: Madison County has partnered with Emergency Communications Network to keep you informed of potential emergency situations. The following is a quote from their website:

"Raising the bar in public safety, CodeRED Weather Warning is a unique service that automatically calls citizens in the path of severe weather just moments after a warning has been issued by the National Weather Service. This limited CodeRED Weather Warning subscription is available to you at no direct cost."

To find the latest information and sign-up link visit the

Madison County website and sign-up today.

Q: How do I rent the Clubhouse?

Click here for Rental Contact and Form.

Q: How much cleaning do I have to do after using the Clubhouse?

A: You are responsible to leave the Clubhouse in as good or better condition than it was when your use began.

Q: What are the Covenants/Deed of Dedication?

A: A covenant is a legal obligation built into the deeds of all the homes in a common interest development such as one governed by a homeowner association (HOA). Examples might be to maintain a property in a reasonable state of repair, to preserve a sight-line for a neighboring property, not to run a business from a residence, or not to build on certain parts of the property.

The Malvern Club Inc. By-Laws state: "Covenants" shall mean and refer to the Covenants, Conditions and Restrictions applicable to the Subdivision and contained in the Deeds of Dedication of Subdivision recorded in the office of the Clerk of the Circuit Court of Madison County, Virginia.

The lots in Malvern were created in the early 1970s by a series of recorded deeds. A deed that creates lots is commonly known as a Deed of Dedication. The deed will contain Virginia statutory phraseology, will contain or refer to a plat of the lots being created and may contain or will refer to covenants of record. Ownership of lots is conditioned upon adherence to the covenants.

As time progresses certain covenants may need clarification or updating, or it may be necessary to add to the existing covenants. The Malvern By-Laws allow these periodic amendments to occur by vote of the membership. The approved amendment or resolution will then be recorded in the office of the Clerk of the Circuit Court of Madison County, Virginia.

Q: Where are the Covenants/Deed of Dedication?

A: The various recorded Deeds of Dedication along with recorded amendments and resolutions may be viewed in the office of the Clerk of the Circuit Court of Madison County, Virginia. Copies may also be obtained in this office for a fee. Your settlement papers should include a “Disclosure Packet” which will contain copies of pertinent deeds containing covenants of record at the time of your settlement. A current Disclosure Packet may be obtained by following this link:

Documents & Forms

The following link:

MalvernCCRs.pdf contains a partial listing of recording references you would find helpful if you were to visit the office of the Clerk of the Circuit Court of Madison County, Virginia. The link also contains an abbreviated version of those deeds contained in the list on page 1. The abbreviated version is meant to be convenient and informational but does not replace the wording contained in the recorded deed. Only a title search by those qualified to perform them will insure an all-inclusive list of pertinent deeds.

Q: How are the membership dues determined?

A: Membership dues are recommended by the Malvern Club, Inc. Board of Directors. Rationale for any change in dues is provided to the membership with vote for or against in an annual membership meeting. A two-thirds ballot vote by the attending membership is needed for approval.

To read more information on the Malvern Club's policies to fix, levy, collect, and enforce Association dues and late fees please click here:

Financial Policy.

Q: How/when are membership dues collected?

A: By January 30, a notice is mailed to each member with payment due March 1. The notice details the amount due and provides members the option to pay in two installments. For those members paying in 2 installments, a second notice for the remaining dues will be mailed August 1 with payment due September 1. Malvern bylaws state, "Members shall be suspended from good standing automatically for non-payment of assessments, when such assessed amounts are unpaid more than sixty (60) days after date of notice of assessment."

Annual Dues - Important Dates
    January 30: Dues notice mailed
    March 1: Full payment or, optionally, first installment payment due
    August 1: Notice of optional second installment payment mailed
    September 1: Second installment payment due

To read more information on the Malvern Club's policies to fix, levy, collect, and enforce Association dues and late fees please click here:

Financial Policy.

Q: Are yearly membership dues the same for all lots regardless of size/location/value/improvement?

A: Yes, the dues are the same for each member lot. The dues are for membership in the Malvern Club, Inc. and are used for the maintenance of the infrastructure and amenities in Malvern. Unlike real estate taxes, membership dues are divided equally among the membership regardless of lot size, location, value, or improvement.

Q: What infrastructure and amenities?

A: Malvern has over 8 miles of roadways including pavement, shoulders and culverts, a clubhouse, pool, playground, lake, dam, docks, mailbox area, and common areas. These items are owned in common by all Malvern residents.

Q: Is it possible to consolidate adjoining lots into a single lot or to remove a lot from the subdivision in order to reduce or eliminate association dues?

A: Based on an April 2003 written opinion by the Malvern Club, Inc., attorney, the covenants, bylaws, and corporate documents do not allow it.

Q: What/where are the Lake rules?

A: Read about Lake Madison and Guidelines for Fishing and Boating on

The Lake page.

Q: What/where are the Pool rules?

A: Read about the Malvern Club swimming pool and its surrounding area on

The Pool page.

[Last Updated: 12/29/2011]

Documents & Forms