Fair Oaks Estates: BY-LAWS (rev 11/99)

Res5

FAIR OAKS ESTATES

HOMEOWNERS ASSOCIATION

POLICY RESOLUTION NO. 2003-2

Parking Policy

   WHEREAS, Article IX, Section 1(c) of the Association’s By-Laws assigns to the Board of Directors all powers, duties and authority delegated to the Association that are not reserved to the membership by the Bylaws, Articles of Incorporation or Declaration ("Governing Documents"); and
   WHEREAS, Article VI, Section 13 of the Declaration of Covenants, Conditions and Restrictions ("Declaration") provides that certain recreational and commercial vehicles shall not regularly or habitually be parked within the subdivision; and
   WHEREAS, Article VI, Section 15 of the Declaration provides the Board of Directors with the power to adopt rules and regulations that are consistent with the Governing Documents; and
   WHEREAS, the Board has determined that it is in the Association’s best interest to promulgate rules and regulations regarding vehicular parking on the common areas, public streets and lots in the Association ("subdivision").

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors adopts the following rules with respect to vehicular parking on all areas of the subdivision.

NON-COMPLIANT Vehicles
Residents may not park the following vehicles in open view on residential property, private or public streets or common areas within the subdivision of Fair Oaks Estates. Article VI, Section 13 of the Declaration state:

No junk vehicles, recreational vehicles, house trailers, or commercial or industrial vehicles such as, but not limited to, moving vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment, shall be regularly or habitually parked within the boundaries of the subdivision, except in the areas designated by the Association.

Note: there are no areas designated by Association for the parking of commercial or recreational vehicles.

Commercial Vehicles. A commercial vehicle is defined in the Fairfax County Code as any vehicle weighing over 12,000 lbs, used to store or sell food, used for transporting lawn-care or landscaping equipment, or any vehicle licensed for use as a common or contract carrier or as a limousine. The Association’s Architectural Guidelines add additional restrictions by further defining commercial vehicles as any vehicle that has commercial signs or advertising or commercial equipment visible or any private or public school or church bus. To further clarify the definition and description of what constitutes a commercial vehicle, the Board has adopted the following descriptors:

any vehicle in which the driver is ordinarily hired for transport, including, but not limited to, taxis, limousines, or buses; or

any vehicle with uncovered exterior logos, signs, letters, numbers, advertising, or irregular and distinct coloring which creates the appearance of a commercial vehicle; or

any unmarked vehicle with commercial paraphernalia or equipment attached, strapped, or affixed to the exterior of the vehicle, including, but not limited to, storage containers, racks, ladders, or pipes; or

any unmarked vehicle with an excessive amount of commercial equipment or supplies within the interior of the vehicle which is in obvious plain view from the sidewalk, including, but not limited to, pesticide, paint buckets, propane, tanks, cabling, uncovered or unsecured tools or other supplies; or

any unmarked vehicle, which because of its irregular height, length, shape, or weight, is not a conventional passenger car or truck and is more suited for a commercial purpose; or

any van designed for the transport of furniture, goods, equipment, animals or scheduled transportation.

Police cars or other cars, which are owned by or contain the logo of a County emergency service provider, shall not be considered a commercial vehicle under this definition.

Recreational Vehicles. Any motor home, self-contained camper, mobile home, boat, all-terrain vehicle, dune buggy, trailer, boat trailer, pop-up camper/tent trailer, horse trailer, any trailer or semitrailer used for transporting waverunners, jet skis, motorcycles, or all-terrain vehicles, whether or not such trailer or semitrailer is attached to another vehicle, and any other type of vehicle primarily designed for recreational use, as opposed to conventional passenger use.

Inoperative Vehicles. Any vehicle with a malfunction of an essential part required for the legal operation of the vehicle or any vehicle which is partially or totally disassembled as a result of the removal of tires, wheels, engine, or other essential parts required for legal operation of a vehicle on the streets and highways of the Commonwealth of Virginia.

Abandoned Vehicles. Any vehicle left unmoved on the public street for more than 14 consecutive days, unless the owner provides written notice to the Board in advance that he or she will be away and unable to move the vehicle for a period greater than 14 days. In cases where a violation is committed, a notice will be placed on the vehicle, and if no response is received within seven (7) days, it will be subject to the Association’s towing policy.

Other Equipment and Machinery. Any agricultural, industrial, construction or similar machinery or equipment.

RULES AND REGULATIONS

Parking of Vehicles within the Subdivision. Residents may park vehicles only in their driveways and next to the curb on the public streets. Parking is strictly prohibited on driveway aprons, sidewalks, or any non-paved areas of the subdivision. All non-compliant vehicles are prohibited from habitually or regularly parking within the subdivision except a) when picking up or delivering passengers or merchandise or during the performance of work or services at the location; or b) when stored out of view in the Owner’s garage and with the garage door fully closed.

Fire Lanes and No Parking Zones. Residents may not park vehicles in fire lanes or no-parking zones marked with signs or a painted yellow curb.

Repairs. Major repairs or maintenance to vehicles, or painting of vehicles, is not permitted anywhere in the subdivision , except that quick repairs or maintenance of a minor nature, such as the repairing of a flat tire or the re-charging of a dead battery, are permitted on Owner’s lots.

Dumping of Materials. The dumping, disposal or leak of oil, grease, or any other chemical residual substance, or any substance or particles from holding tanks of any vehicles, is not permitted within the subdivision.

Operator's Responsibilities.

The parking of any vehicle, including motorcycles, on any sidewalk, unpaved area of an individual Lot, or common grounds of the community is strictly prohibited.

Residents may not park vehicles in any manner, which impedes the normal flow of traffic, blocks, any mailbox, or prevents ingress and egress of any other vehicle to adjacent parking spaces or the open roadway.

Residents may operate vehicles only on the paved roadways in the subdivision.

Residents must have a proper operating license in order to operate a motorized vehicle in the subdivision.

If a vehicle’s security system interferes with the right of quiet enjoyment of the community for more than fifteen (15) uninterrupted minutes, the vehicle will be considered in violation of the Governing Documents and be subject to removal through towing.

Owner's Responsibilities. All Owners must ensure that their family members, tenants, guests, and/or contractors comply with Governing Documents and these rules and regulations.

ENFORCEMENT

In General. Any requests from Owners for enforcement of this parking policy by the Association against another resident should be directed to the Board in writing. The first course of action will typically be an investigation by the Board or its designated representative to determine if a violation exists. If the Board or its designated representative determines that a violation exists, a Board member will typically contact the Owner verbally to explain the situation and nature of the violation. A reasonable period of time will typically be given to the Owner to bring the vehicle(s) into compliance or remove it (them) from the subdivision. If the Owner does not take appropriate action the Board will take enforcement steps pursuant to the Governing Documents and rules of the Association.

Citation Notices. If the Owner continues to violate these parking restrictions after written notification and/or the imposition of monetary charges, the Board or its designated representative shall post a citation notice on any vehicle not in compliance. A copy of said citation notice is attached hereto as Exhibit 1. No other form of notice is required. If the owner of the vehicle does not bring the vehicle into compliance within seven (7) days of the date of the notice, the vehicle will be subject to removal by towing.

Vehicle Removal. The Board of Directors shall have the authority to have any vehicle not in compliance with the provisions of this Resolution removed from the subdivision. All costs and risks of towing and impoundment shall be the sole responsibility of the vehicle's owner. Towing of a vehicle will only be used by the Board as a last resort and only if other enforcement measures have not been effective. If an owner’s vehicle is towed, contact any Board member to determine the procedures to retrieve it.

Violations Subject to Immediate Towing. Any vehicle: (a) parked within fifteen (15) feet of a fire hydrant or in a designated fire lane, (b) habitually or regularly parked on a non-paved area or sidewalk, (c) habitually or regularly parked so as to impede access to sidewalk ramps or obstructing the sidewalk, (d) constituting a safety hazard, (e) that has been unmoved from common areas or public streets for period of at least fourteen (14) days without approval or (f) whose security system has been triggered and allowed to continue unattended for more than fifteen (15) minutes, shall be subject to immediate removal without notification to the owner of the vehicle. Subsequent violations committed within any consecutive 3-month period shall subject the violating vehicle to immediate towing without notification.

The Association reserves the right to exercise all other powers and remedies provided by the Governing Documents, rules and regulations or the laws of Virginia and Fairfax County.

Nothing contained herein shall preclude the Board of Directors from seeking injunctive relief or any other remedy available to it in a court of equity.

Owner’s Responsibilities. If the Association must enforce this resolution through any form of legal action, the offending Owner shall be responsible for all expenses and/or attorneys' fees incurred by the Association and associated with such enforcement.

Liability. The Association assumes no responsibility for the provision of any security service to protect vehicles parked in the subdivision, and it disclaims responsibility for any damage to any vehicle parked or operated on Association Property.

EFFECTIVE DATE
The rules and regulations set forth in this policy resolution are effective as of January 19, 2004.

/s/ Mark MacDonald
President

/s/ Doug Knoche
Vice President

/s/ Chris Mustain
Director

CERTIFICATE OF MAILING OR DELIVERY

The Managing Agent hereby attests that these Policy Resolutions were mailed to the addresses of record of the Owners on this 9th day of February, 2004

February 9, 2004 Louise Kehoe
Date Secretary,
Fair Oaks Estates Homeowners Association, Inc.