Rules and Regulations (Jan. 2010)
1. The Unit Owners Association of Fairfax Heritage X Condominium ("Association"), acting through its Board of Directors, has adopted the following rules and regulations ("Regulations"). These regulations may be amended from time to time by resolution of the Board of Directors.
2. Wherever in these Regulations reference is made to the "unit owners", such term shall apply to the owner of any unit, to his family, tenants (whether or not in residence), servants, employees, agents, visitors, and to any guests, invitees, or licensees of such unit owner, his family or tenant of such unit owner. Wherever in these Regulations reference is made to the "Association", such reference shall include the Association, the Board of Directors, and the Managing Agent when the Managing Agent is acting on behalf of the Association.
3. The unit owners shall comply with all the regulations hereinafter set forth governing the buildings, balconies and patios, drives, recreational areas, grounds, parking areas and common areas of the condominium.
4. The Association reserves the right to alter, amend, modify, repeal, or revoke these regulations and any consent or approval given hereunder at any time by resolution of the Association or the Board of Directors.
5. These regulations are supplementary to and not in lieu of provisions governing the condominium which are set forth in the Declaration and Bylaws of the condominium. To the extent of any inconsistency between any of the foregoing, the following shall prevail in the order noted: The Declaration, the Bylaws, and Regulations.
6. No part of the condominium shall be used for any purpose except housing and the common purposes for which the condominium was designed. Each unit shall be used as a residence for a single family , its servants and guests.
7. There shall be no obstruction of the common elements. Nothing shall be stored in the common elements without the prior consent of the Board of Directors except as herein or in the Bylaws expressly provided. No public hall of any building shall be decorated or furnished by any unit owner in any manner.
8. Nothing shall be done or kept in any unit or in the common elements which will increase the rate of insurance for any of the buildings or contents thereof applicable for residential use without the prior written consent of the Board of Directors. No unit owner shall permit anything to be done or kept in his/her unit or in the common elements which will result in the cancellation of insurance on any of the buildings or contents thereof or which would be in violation of any public law, ordinance or regulation. No gasoline or other explosive or flammable material may be kept in the common elements.
9. No charcoal; cooker, brazier, grill or any gasoline or liquefied petroleum gas-fired stove or similar device shall be ignited or used on balconies, terraces, patios, or in spaces under the balconies, terraces, and patios. Only electric grills are allowed.
10. The use of charcoal burners is not permitted on the patios or balconies due to danger of fire and smoke disturbance to neighbors, and such burners may not be used on the common elements except (if and to the extent permitted by law) in such areas, if any, designated by the Board of Directors for such and in compliance with law.
11. All garbage and trash must be placed in tied plastic bags in the dumpster provided therefore by the Association and no garbage or trash shall be placed on a balcony, patio, the ground or elsewhere on any common element or limited common element. No garbage cans, containers or bags of any kind shall be placed in public areas. No commercial or contractor waste is permitted in Association dumpsters. A charge to the unit owner, as determined by the Board of Directors, will apply for trash removed by the Association should trash be deposited outside the containers provided therefore.
12. No baby carriages, bicycles, playpens, wagons, toys, benches, chairs or other articles of personal property be left unattended in public areas of the buildings or passageways, parking areas, courts, sidewalks or lawns or elsewhere on the common elements.
13. No playing or lounging shall be permitted in public areas of the buildings or passageways, parking areas, sidewalks or lawns or elsewhere on the common elements, other than in recreational areas, tot lots, or playgrounds designated by the Board of Directors.
14. The toilets and other water and sewer apparatus shall be used only for the purpose for which designed, and no sweeping, matches, rages, ashes or other improper articles shall be thrown therein. The cost of repairing any damage resulting from misuse of any such apparatus shall be borne by the unit owner causing such damage.
15. Each unit owner shall keep his or her unit in a good state of preservation, repair and cleanliness.
16. Each unit owner shall keep his or her balcony deck painted and in good repair, or his or her patio clean and in good repair. Decks and patios are not to be carpeted.
17. Nothing shall be swept, thrown, or dropped from balconies, doors, windows, patios or terraces, including dirt, sweepings, cigarettes, water, or other substances.
18. Nothing shall be done in any unit, or in, on, or to the common elements, which may impair the structural integrity of any building or which may structurally change any of the buildings or the common elements, except upon the prior written consent of the Board of Directors.
19. No noxious or offensive activity shall be carried on in any unit or in the common elements, nor shall anything be done therein which may be or become an annoyance or nuisance to the other unit owners or occupants. No unit owner shall make or permit any disturbing noises in the buildings or do or permit anything which will interfere with the rights, comforts, or convenience of other unit owners. All unit owners shall keep the volume of any radio, television or musical instrument in their units sufficiently reduced at all times so as not to disturb other unit owners. Despite such reduced volume, no unit owner shall operate or permit to be operated any such sound-producing devices in a unit between the hours of 11:00 PM an the following 8:00 AM if such operation shall disturb or annoy other occupants of the buildings. Laundry room usage is restricted to 8:00 AM to 11:00 PM to prevent disturbing noises.
20. No industry, business, trade, occupation, or profession of any kind, commercial, religious, education or otherwise designed for profit, altruism, exploitation or otherwise shall be conducted, maintained or permitted on any part of the condominium, except as expressly permitted in the Bylaws .
21. One "For Sale", "For Rent", or "For Lease" sign may be placed in the window of a condominium until that unit is sold or rented. No other window signs or advertising are permitted. In no event will any sign be larger than one foot (1') by two feet (2').
22. No animals or reptiles of any kind shall be raised, bred or kept in any unit or in the common elements, except that small , orderly domestic pets (e.g., dogs, cats, and caged birds) may be kept, subject to Fairfax County Code.
23. All pets shall be registered with the Association and shall be licensed and inoculated as required by law. All Fairfax County animal regulation ordinances will be enforced. Pets must be on a leash and attended by a person in the common areas.
24. Residents may choose either of two areas in which to walk their pets for the purpose of permitting them to relieve themselves: the grassy area bordering the public Americana Drive, and the wooded areas bordering their property.
25. Pet owners are responsible for damage to common areas and disturbances to neighbors which their pets may cause. .Pet owners are responsible for cleaning up after their pets in accordance with County regulations. Dogs must be kept quiet; barking, whether continuous or regular, is not allowed. Any pet causing a nuisance shall be permanently removed from the property upon three days written notice from the Association. Fines will be assessed for violations of pet rules.
26. No blinds, shades or screens shall be attached to, hung in, or used in connection with any terrace, balcony or patio of a unit.
27. Window coverings, such as draperies, curtains, Venetian, woven, or wooden blinds, shades or shutters must be installed on all windows of his unit. Such window coverings must be maintained in sound repair and proper installation. Torn shades, broken blinds, sheets, blankets, etc. detract from the overall appearance of the property and constitute a violation.
28. No unit owner shall cause or permit anything to be hung, displayed or exposed on the exterior of a unit or common elements appurtenant thereto whether through or upon windows, doors or masonry of such unit. Nothing may be hung from balcony railings or from roof overhangs or balcony decking without prior Board approval. The prohibition herein includes, without limitation, laundry, clothing, rugs, signs, awnings, canopies, shutters, or any other item. No clothes line, clothes rack or other device may be used to hang any items on any balcony or window, nor may such devices be used anywhere on the common elements except in such areas as may be designated specifically for such use by the Board of Directors.
29. Balconies and terraces shall not be used as storage areas. No terrace or balcony shall be enclosed or covered by any awning or otherwise without the prior consent, in writing, of the Board of Directors.
30. Installation or replacement of air conditioners, antennas and satellite dishes must conform to specifications provided by the Association.
31. No unit shall be used for any unlawful purpose, and no unit owner shall do or permit any unlawful act in or upon his unit.
32. All personal property placed in any portion of any building or any place appurtenant thereto, including, without limitation, the storage areas, shall be at the sole risk of the unit owner, and the Association shall in no event be liable for the loss, destruction, theft or damage to such property. Any unit owner may use the storage room, if any, in his building without charge for the storage of trunks, suitcases, snow tires and other items permitted by the Board of Directors.
33. Should an employee of the Association, at the request of a unit owner, move, handle or store any articles in storage rooms or remove any articles therefrom or handle, move, park or drive any automobile placed in the parking areas, and in every such case, such employee shall be deemed the agent of the unit owner. The Association shall not be liable for any loss, damage or expense that may be suffered or sustained in connection therewith.
34. Unless otherwise authorized by the Association, the parking areas may not be used for any purpose other than parking automobiles.
35. All vehicles must be registered with the Association's site office by completing a parking registration form and providing a copy of the resident's automobile registration with the state of Virginia at the time of application. Permits will not be issued unless the state registration reflects a Talltree South address.
36. Failure to pay assessments will result in the suspension of parking privileges.
37. Vehicles of over 18 feet in length, 8 feet in height, or 2 ½ tons in gross weight; boats, motor homes, and commercial vehicles are not approved vehicles. The Board will consider exceptions on a case-by-case basis.
All boats, trailers, campers, recreational and commercial vehicles, and trucks of less than two (2) tons gross weight are to be parked in the designated spaces adjacent to Americana Drive and excluded from all other parking areas. All such vehicles must be registered with the Board of Directors and park in the designated spaces.
38. No junk or abandoned vehicle or other vehicle on which current registration plates and current state inspection stickers are not displayed shall be kept upon any of the common elements. All vehicles must be kept in proper operating condition so as not to be a hazard or a nuisance by noise, exhaust, emission or appearance. No vehicle shall be parked on the condominium property with conspicuous "For Sale" signs attached.
39. All unit owners shall observe and abide by all parking and traffic regulations as posted by the Association or by municipal authorities. Vehicles parked in violation of any such regulations may be towed away at the unit owner's sole risk and expenses.
40. Parking so as to block sidewalks or driveways shall not be permitted. If any vehicle owned or operated by a unit owner, any member of his family, tenants, guests, invitees or licensees shall be illegally parked or abandoned on the condominium property, the Association shall be held harmless by such unit owner for any and all damages or losses that may ensue, and any and all rights in connection therewith that the owner or driver may have under the provisions of state or local laws and ordinances hereby are expressly waived. The unit owner shall indemnify the Unit Owners Association as a result of such illegal parking or abandonment and any consequences thereof.
41. Except for minor adjustments, repair to vehicles, as well as painting of vehicles, shall not be permitted at any time on the common elements. Drainage of any automotive fluids is prohibited.
42. Vehicles parked on the patios, lawn or other common element, or parked so obstructing the sidewalks or drives, either partially or totally, or parked in violation of any of the above regulations are subject to tow by the Board at the owner's sole risk and expense.
Entry into Units
43. Each unit owner is responsible for providing the Association with a set of working keys to their unit, and updating keys as necessary.
44. The agents of the Board of Directors or Managing Agent, and any contractor or workman authorized by the Board of Directors or the Managing Agent, may enter any room or unit in the buildings at any reasonable hour of the day after notification (except in case of emergency in which case entry may be immediate and without notification) for the purpose of exercising and discharging their respective powers and responsibilities, including, without limitation, inspecting or treating such unit for vermin, insects or other pests.
45. Employees and agents of the Association are not authorized to accept packages, keys, money or articles of any description from or for the benefit of a unit owner. If packages, keys (whether for a unit or an automobile), money or articles of any description are left with the employees or agents of the Association, the unit owner assumes the sole risk therefore, and the unit owner, not the Association, shall be liable for injury, loss or damage of any nature whatsoever directly or indirectly resulting therefrom or connected therewith. The Association does not assume any responsibility for loss or damage in such cases. Deliveries requiring entrance to a unit owner's unit will not be accepted without the prior written permission of the unit owner accompanied by a written waiver of all liability in connection with such deliveries.
46. Unit owners and tenants must follow the published pool rules and regulations or lose their pool privileges and pool passes.
47. All persons using any of the recreational facilities (including the pool) do so at their own risk and sole responsibility. The Association does not assume responsibility for any occurrence, accident or injury in connection with such use. No unit owner shall make any claim against the Association, its servants, agents or employees for on account of any loss or damage to life, limb or property sustained as a result of or in connection with any such use of any of the recreational facilities.
48. Any damage to the buildings, recreational facilities or other common elements or equipment caused by a unit owner, tenants, guests, servants, or such unit owner's pets shall be repaired at the expense of the unit owner.
49. In addition to all other rights which the Board of Directors has for nonpayment of assessments, the Board of Directors shall have the right to bar the use by a unit owner of any of the recreational facilities for failure to make payment of any assessments or fees due as provided for in the Bylaws of the condominium. No pool passes will be issued to owners or tenants, for any units delinquent in condominium assessments or owing any other fees to the Association.
50. All charges and assessments imposed by the Association are due and payable on the first day of each month, unless otherwise specified. Payment shall be made as designated by the Managing Agent (not at the site office) by check or money order, direct debit, or electronic payment, payable to the condominium. Cash will not be accepted. The Board of Directors reserves the right to accelerate payment of assessments and the right to recover attorney's fees and costs as a result of Association legal action to collect delinquent assessments.
51. The Association may charge interest on accounts 30 days past due at a 12% interest rate. Additional fees may be charged as applicable, at then-current rates, including but not limited to late fees, letter fees, returned check fees, fees for filing or removing liens, collection fees and legal fees. The Association may turn accounts over to legal, commence foreclosure proceedings, or file suit for judgment when assessment accounts are 45 or more days delinquent. Following receipt of a second insufficient fund check, the Association will not accept further personal checks. Payments must be made by money order or cashier's check.
52. Complaints regarding the management of the condominium or regarding action of other unit owners shall be made in writing to the managing Agent or the Board of Directors. No unit owner shall direct, supervise or in any manner attempt to assert control over or request favors of any employee of the Managing Agent or the Unit Owners Association.
53. All radio, television or other electrical equipment of any kind or nature installed or used in each unit shall fully comply with all rules, regulations, requirements or recommendations of the Board of Fire Underwriter and the public authorities having jurisdiction, and the unit owner alone shall be liable for any damage or injury caused by any radio, television or other electrical equipments in such unit.
54. Unit owners are cautioned against excessive use of soaps and other detergents in their appliances or plumbing apparatus which may cause overflow of suds in any unit or in any central waste disposal system. Detergents and soaps shall be used only pursuant to manufacturer's directions.
55. The planting of plants, flowers, trees, shrubbery and crops of any type is prohibited anywhere on the common elements without the prior written consent of the Board of Directors. No fences may be erected around or on the common elements.
56. Solicitors are not permitted in any of the buildings. If any unit owner is contacted by a solicitor on the property, the Managing Agents must be contacted immediately.
57. Waterbeds are not permitted in any of the buildings due to support limitations.
58. No washing machines or clothes dryers may be installed. Dishwashers may be installed with the consent of the Board of Directors, and must be EnergyStar certified units.
59. Provision of daycare services by unit owners or their tenants is prohibited. Daycare includes any daycare or babysitting services that are provided from a unit to more than two children at a time or for profit.
Landlords and Tenants
60. Landlords are required to file a copy of their lease agreement with the Association and to include the following:
"Lessee hereby acknowledges that he has read and understands the Fairfax Heritage X (TallTree South) Amended Bylaws, Rules and Regulations, and Board Resolutions. Lessee agrees to abide by the above documents, and other rules, regulations, and resolutions promulgated by the TallTree South Association or Board of Directors. Failure to abide will constitute a breach of this lease and will be cause for eviction."