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Compton Heights Homeowners Association Handbook Clifton, Virginia USA Professionally Managed by: Gates, Hudson & Associates, Inc Sherri Long, Compton Heights Portfolio Manager 3020 Hamaker Court, Suite 300 Fairfax, VA 22030 703-752-8300 July 2008 INTRODUCTION The following handbook of policies such laws conflict with any provision and procedures has been approved of this handbook. by the Board of Directors of the Compton Heights Homeowners The Board of Directors (the “Board”) Association (the “Association”). It reserves the right to make policy reflects present circumstances and is changes at any time. Changes will intended to aid you in understanding be made to reflect amended policies, and dealing with the day-to-day covenants and procedures situations which arise out of the consistent with the need of the ownership of a home in Compton Association, Lot owners and Heights. residents. As changes occur, you will receive the appropriate material This handbook is a guide to the to place in your handbook. Association’s current policies and covenants. It is not intended to The Board is responsible for policy create, nor should it be construed to formation, implementation and constitute a contract between the interpretation. The administration of Association and Lot owners or activities of the Association rests residents. The policies and with the management agent. If you procedures apply to all owners and have any questions, you should residents without regard to race, contact the management agent at color, religion, national origin, age, the address and telephone number sex or citizenship. Applicable State as follows: or Federal law will prevail where Ms. Sherri Long, Compton Heights Portfolio Manager Gates, Hudson & Associates, Inc 3020 Hamaker Court, Suite 300 Fairfax, VA 22030 Phone: (703) 752-8300 Email: email@example.com FAX: (703) 876-9594 CONTENTS About the HOA Association Responsibilities Funding of the Services and Reserves of the Association Assessment Collection Procedures Rules and Regulations Architectural Applications ABOUT THE HOMEOWNERS ASSOCIATION The Association is a non-stock the external appearance of Compton corporation whose members are the Heights through approval of house owners of 118 single family detached and Lot modifications, and by residential Lots. In addition to the reminding owners periodically of the Lots, the Association includes a need to maintain their property. multi-purpose court, asphalt trails, and deeded common areas. The guidelines for the administration of the Association are a set of written The Association membership instruments (the Articles of consists of all Lot owners (the incorporation, the By-Laws, the “Members”), and is governed by the Declaration of Covenants, Board of Directors. The Board Conditions and Restrictions consists of not less than five (5) (Declaration), and any resolutions individuals elected by the Members. adopted by the Board). The Association was incorporated on Committees are a crucial part of the May 19, 1988, and the Declaration administration of the activities of the was recorded on August 18, 1988. Association. The Architectural and Declaration amendments were Environmental Control Committee recorded on July 10, 1996. (AECC) is charged with regulating ASSOCIATION RESPONSIBILITIES The Association is responsible for common areas and the Board of providing a variety of services to the Directors, and the establishment of Lot owners and residents. Among reserve funds for the repair and these services are trash removal, the replacement of capital maintenance of the common area improvements. The Association also grounds and improvements, the plays the very important role of payment of expenses for common architectural review and enforcement area water and electricity, hazard of the covenants of the community. and liability insurance for the FUNDING OF THE SERVICES AND RESERVES OF THE ASSOCIATION Each year the Board adopts an five percent (5%) or an amount equal annual budget to cover expenses of to the Consumer Price Index, the Association. The budget serves whichever is greater, annually by the as the basis for determining the Board without a vote of the Annual General Assessment that members. The actual assessment each Lot owner will pay during the determined under the annual budget subsequent year. The Annual may be less than the maximum Assessment can be increased by permitted. ASSESSMENT COLLECTION PROCEDURES An amount equal to one-half of the owner a two part bill for use in Annual Assessment is due on the making your payment. Please follow first day of January and the first day the instruments included with the bill, of July each year. On or about and make directly to the Managing December 15 and June 15 the Agent’s main office, as follows: Managing Agent will send each Compton Heights HOA P.O. Box 60008 Phoenix, AZ 85082-0008 If the Lot Owner does not receive a court fees, attorney’s fees and other bill for any reason, such as a related expenses are assessed problem with mail delivery, lost, etc., against the Owner. the Lot owner is still responsible for being aware that the Please read the enclosed resolution assessment is due every six (Exhibit A) pertaining to collection of months and making a timely assessments, as these procedures payment. Non receipt of a bill is will be followed by the Board, not a reason for late payment. Management, and Association legal counsel. If any assessment is not paid within 30 days after the due date, a Lot Upon receiving a delinquent account, owner shall be considered counsel will write a demand letter, delinquent. The outstanding typically giving the Owner up to 10 assessment shall bear interest from days to pay or face further action. the date of delinquency at a rate of Included among the actions to be twenty-one percent (21%) per taken by the Association is filing a annum and the owner shall be lien on the Lot, obtaining judgment, assessed a penalty of $20, in garnishing salary or wages, accordance with Article VI, Section attaching assets and foreclosing on 8 of the Declaration. the Lot. If the Owner is still delinquent sixty No Owner in default in the payment (60) days after the due date, the of any assessment is allowed to vote account is turned over to the on Association matters. Moreover, Association’s attorney for collection. use of non-essential services and All costs, including certified mail, common areas may be denied. RULES AND REGULATIONS Rules and regulations in a vans, wreckers, hearses, buses homeowner association are needed boats, boating equipment, travel for the protection and benefit of the trailers or camping equipment shall Owners and residents. The rules be regularly or habitually parked established in the Declaration and within the boundaries of the By-Laws and subsequently Association. The Association shall supplemented by the Board are not not be required to provide a storage intended to restrict the residents or area for thee vehicles. No portion of to prevent their enjoyment of the a Lot, Parcel, Common Area or common area. Rather, the rules public street shall be used for the have been established to increase repair of automobiles. everyone’s use and enjoyment of the community (section references are to No vehicles, including but not limited those included in the Declaration). to automobiles, trucks, motorized bicycles, motorcycles, mini-bikes, RESIDENTIAL USE ONLY. go-karts, etc., shall be operated on Article VII, Section 1 of the or parked upon any common area of Declaration provides that the the Association. property shall be used exclusively for residential purposes, including The dumping or disposal of oil, recreational uses as provided in the grease, or any other chemical or documents. Consequently, no residual substances or any business use shall be permitted, substance or particles from holding other than as allowed in the tanks of vehicles of any type is not Declaration and subject to approval permitted on the common area. of the Board. All vehicles must be operational and LEASES. If you lease your home, must be in compliance with the Commonwealth of Virginia laws. you are responsible for providing the Consent is given to all appropriate lessee with a copy of the rules and law enforcement officers to enter carefully explaining the need to upon the Association property and abide by those rules. The Owner is enforce the applicable requirements responsible for the actions of his or of the Code of Virginia as amended. her lessee(s) and may be held Parking in designated fire lanes is accountable by the Association for strictly prohibited. violations of the rules and/or damage to the common areas. PETS – ARTICLE VII, VEHICLES AND VEHICLE SECTION 2. No livestock or other MAINTENANCE – ARTICLE domestic or wild animal shall be kept or maintained on any Lot, except VII, SECTION 4. No junk common household pets such as vehicles, recreational vehicles, dogs and cats which may be kept or house trailers, or commercial maintained, provided that they are industrial vehicles, such as, but not not kept, bred or maintained for limited; to: moving vans; commercial commercial purposed and do not trucks, tractors, trailer, commercial create a nuisance or annoyance to outside for pickup earlier than the surrounding Lots or the evening prior to pickup and must be neighborhood and are in compliance removed from the curb or front yard with the applicable Fairfax County no later than the evening of the ordinances. pickup. Trash must be in covered containers or sealed bags and Owners and all other persons who placed at curbside or other are owners and/or custodians of pets designated areas for pickup. All shall not allow such pets to run at trash containers should be stored in large on the common area of the garages, rear yards, or behind Association. A dog or cat shall be fences at all times other than pickup deemed to run at large when not days. restrained by a dependable leash and controlled by a responsible SIGNAGE – ARTICLE VII, person as defined by county SECTION 12. Real estate signs Ordinance. must be square and not exceed 2’ x 2’ in total area (excluding riders). No All pets must have appropriate shots, more than 3 directional signs are licenses and tags, as required by permitted within the boundaries of County Ordinance. The Association the Association. Banners, aerial has extended permission to the balloons, or any other form of County Animal Warden to enforce all advertising is not permitted. applicable portions of the County Ordinance in regard to all animals Temporary contractor signs must and pets within the common area. conform with the real estate provisions above. These signs may Pet owners shall be responsible for be displayed for no more than 30 the immediate cleanup and proper days and must be removed within 72 disposal of pet wastes from their hours of work completion. pets. Pet owners shall incur any and all costs for repairing damage to No illuminated signs are permitted. common area caused b their pets. Pets shall not be chained or leashed LANDSCAPING – ARTICLE VII, on any common area nor shall they SECTION 9.1. Front or side yard become a nuisance to residents in foundation plantings, including trees, the Association. Actions which may shrubs and flowers, within 12’ of the constitute a nuisance include, but base of the home are permitted as are not limited to, barking, crying, mulched beds. The front and side scratching, being hygienically yards must be maintained as at least offensive or physically threatening. If 50% grass. The remainder of these a noise problem exists with pets, yards may be maintained as please contact the Fairfax County mulched planting beds. No rock Animal Warden (703-830-3310). gardens and other ground cover in lieu of grass are permitted. No TRASH CONTAINERS – vegetable gardens are permitted in the front yard. ARTICLE VII, SECTION 5. Trash containers shall not be placed ARCHITECTURAL APPLICATIONS All residents benefit from the must be approved in advance. No planning and design that have been modification to builder provided an important part of the development decks may be made without AECC of the community. The purpose of approval. Homeowners are required design controls is to assure residents to obtain all applicable County that the standards of design quality permits. will be maintained which, in turn, protects property values and Advance approval for modifications enhances the community’s overall and improvements is required. Do environment. not wait until the last moment to submit your request as the AECC The authority for maintaining the has up to sixty (6) days to act on an quality of design in the community is application. in the Declaration with the creation of an Architectural and Environmental It is not unusual for the AECC to Control Committee (AECC) receive a request for approval of a consisting of three (3) or more modification from a homeowner who members appointed by the Board. states that “the contractor is going to begin this weekend”. Plan ahead. All exterior alterations require the Submit the paperwork well in approval of the AECC. No advance of the scheduled improvements, alterations, repairs, commencement of modification. change of paint colors, excavations, changes in grade or other work The decision of the AECC will be which in any way alters the exterior sent by letter to the applicant’s of any Lot or the improvements address. Failure of the AECC to act located thereon shall be made upon any request submitted to it without the prior approval of the within sixty (60) days from the date it AECC. No building, or other is received by the Association’s structure, fence wall or landscaping management agent shall be deemed in lieu thereof, shall be commended, to have been approved as submitted erected, maintained, improved, unless the modification or altered, made or done on such improvement is a violation of the property without the prior written existing covenants and adopted approval of the AECC. Once a plan guidelines of the Association. The is approved it must be followed or a failure of the applicant to RECEIVE modification must be approved by written notification within the sixty the AECC. All changes to existing (60) day period does not in itself improvement must be approved. constitute automatic approval. The applicant should contact the Each application is reviewed on an management agent regarding the individual basis. There are no status of the request. “automatic” approvals unless provided for specifically in these The submission of a complete guidelines. For example, even application is crucial to enable the though the fence you wish to build is AECC to provide you with a timely the same as your neighbor’s, it still response. The form to be used in applying for approval is attached as Generally, the following items should “Architectural Application”. be a part of every application: DESIGN COMPATIBILITY. The proposed improvement must be compatible with the architectural characteristics of the applicant’s house, adjoining houses, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and details. DRAWINGS AND PHOTOGRAPHS. A graphic description should be provided and may be in the form of manufacturer’s literature or photographs as well as freehand or mechanical drawings. The amount of detail should be consistent with the complexity of the proposal. Relationships of major architectural features such as existing and proposed roof lines, window sizes and alignment, building heights, roof slopes, exterior elevations for the proposed structure, plans or provisions for landscaping or grading, etc., should be shown as they affect the applicant’s house, and neighboring homes. In any case, the sketch or photograph should be accompanied by a written description. The AECC evaluates all submissions on the individual merits of each application. The characteristics of the house type and the individual site are taken into account when evaluating the particular design proposal. LOCATION AND IMPACT ON NEIGHBORS. The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. In addition, the proposed alteration should not adversely impact surrounding neighbors. The primary concerns are access, view, sunlight, ventilation and drainage. The architectural control form requires the signature of adjacent Lot owners. Signing the form is your acknowledgment of the proposed alteration, but does not constitute your endorsement of such alteration. You are encouraged to directly contact the management Agent in writing with any concerns regarding such proposed alteration. The AECC reserves the right to require additional comments from affected Lot owners and to solicit input from same. SITE PLAN. A site plan is most easily prepared by submitting a copy of the house location plat. Proposed changes should be indicated, including dimensions and distances from adjacent property and houses. Site plans are not required for addition of storm doors or windows, or paint color changes. MATERIAL AND COLOR. Samples of the materials and colors to be used and an indication of the existing colors and materials should be provided. Where materials and/or colors are compatible but different from those of the existing structures, samples of color chips should be submitted fro clarity. Photographs of colors are not acceptable as samples. Color. Parts of the addition that are similar to the existing house such as roofs, siding and trim must be matching in color. Materials. Continuity is established by use of the same or compatible materials as were used in the original house. The options may be limited somewhat by the design and materials of the original house. For instance, horizontal siding on the original house should be reflected in an addition. WORKMANSHIP. The quality of work should be equal to or better than that of the community. TIMING. Projects are to be completed within six (6) months from the date of approval. ARCHITECTURAL GUIDELINES – WHAT REQUIRES APPROVAL? Article VII, Section I of the whether any changes should be Declaration provides that each Lot made. shall consist of one detached single family home, no higher than two and Temporary structures, including but one-half stories, and a garage for not not limited to sheds, exterior less than two cars. No additions or antennas, window air conditioning exterior changes may be made to units, exterior clotheslines, the home without the approval of the incinerators, and any type of metal AECC. The guidelines will be fencing are prohibited under the reviewed periodically to determine Architectural Guidelines of the Association. The following are regulated and subject to prior written approval by the AECC unless expressly indicated approval is not required – listed in alphabetical order: ALTERATIONS TO EXISTING STRUCTURES. Major alterations are generally considered to be those which substantially alter the existing structure either by subtraction and/or addition. Major alterations include, but are not limited to changes to existing decks and fences, the construction of driveways, garages, porches, greenhouses, chimneys, fireplaces, changes in stoops and walkways and other additions to a home, as well as removal of an existing fence or deck. The design of major alterations should be compatible in scale, materials and color with the applicant’s house and adjacent houses. The location of major alterations should not impair the views or amount of sunlight and natural ventilation adjacent properties. Pitched roofs must match the slope of the roof on the applicant’s house, and shingles should match existing shingles. New windows and doors should match the type used in the applicant’s house and should be located in a manner which will relate well to the location of exterior openings in the existing house. Changes in grade or other conditions which will affect drainage must be indicated on the application. The applicant will be solely responsible for any changes in grade and/or drainage. Any proposal which adversely affects drainage to adjacent properties will be denied. Applications for removal of existing improvements will be considered in conjunction with an inspection of what will remain visible to neighboring Owners following such removal. CHIMNEYS. Chimneys along an outside wall are restricted to the sides and rear of the house, and must be of masonry construction or enclosed in siding to match the house. No exposed pipe shall be permitted through or along the walls of a house. DECKS AND PORCHES. Decks and porches shall be constructed of pressure-treated wood, cedar or redwood. Decks and porches may be stained or painted to match the trim of the house. Color stains require prior approval of the AECC. Decks and porches are restricted to the rear yard, and should not extend past the rear corners of the house into the side yard. Lattice work must be incorporated as a part of the overall deck design. Decks shall maintain a setback from all property lines as required by County regulation. EXHAUST DUCTS AND ATTIC VENTILATORS. Attic ventilators or other mechanical devices requiring roof penetration should be as small in size as functionally possible and should match the color of the roof, the chimney duct or be mill finished. Such devices should be located on the back side of the roof and should not extend above the ridge line. These items do not require AECC approval. EXTERIOR DECORATIVE OBJECTS. Plastic exterior decorative objects are not allowed. All others must relate favorably to the landscaping, existing structure, and neighborhood. The number of exterior decorative objects may not exceed three (3). Any object exceeding thirty (30) inches in height and twenty four (24) inches in width requires AECC approval. These guidelines, however, do not preclude homeowners from lacing flower pots on stoops and driveways. Seasonal and holiday decorations are permitted. Such decorations should be removed within thirty (30) days after the holiday. EXTERIOR LIGHTING. All exterior lighting includes landscape lights and security lights, require AECC approval. Consideration of the effect on neighboring lots is critical with the proposed placement of new lighting. Electronic insect traps are prohibited. EXTERIOR PAINTING. All color changes must be approved by the AECC. Painting or staining a specific object to match its original color need not be submitted. Only actual paint chip samples will be acceptable with the application. FENCES. Fences must follow the line of the property. No front yard fencing is permitted and no side yard fencing will be permitted on the street side of any corner Lot. Side yard fences may not be installed further forward than the midway point of the house. Hedges or other vegetation used in lieu of a fence also require AECC approval. FIREWOOD. Firewood shall be kept neatly stacked and located within the rear yard. Under no circumstances shall firewood be stored on the common area. Piles larger than one (1) cord require approval. FLAG POLES. Temporary flagpole staffs which do not exceed six (6) feet in length and are attached at an incline to the front wall or column of the house do not require AECC approval. LANDSCAPING AND GROUNDS MAINTENANCE. Each Owner is responsible for ensuring that his or her home’s lawn is mowed and properly maintained. Care should be exercised in the planting and maintenance of trees and shrubs to prevent the obstruction of sight lines for vehicular traffic. Prior written approval of landscaping is required if the following criteria are met: 1. More than 50 percent (50%) of the front or side yard is to be mulched planting beds. 2. There is drainage impact on adjacent property. Front or side yard foundation landscaping does not require prior approval if it is located within twelve (12) feet of the base of the home and consists of trees, shrubs and flowers, but not vegetables. Landscape edging, in the form of railroad ties, garden timbers or other materials used to construct a border or retaining wall, does not require prior written approval if it is less than eighteen (18) inches in height and is located within twelve (12) feet of the foundation. Rear yard landscaping is subject to the criteria for front and side yards unless the yard is enclosed by a six foot privacy fence or the adjacent property is common area. MAILBOXES. Mailboxes must be located in accordance with postal regulations and maintained as originally installed by builder. If replacement is necessary, mailboxes conforming to the original wooden bulleter’s style may be installed. Only wooden newspaper boxes without ornamentation are permitted. PATIOS. Rear and side yard ground level patios do not require approval by the AECC if the patio is contained within a yard enclosed by a six (6) foot high fence. Any patio that is visible at eye level by neighbors must have AECC approval. No patios are allowed in the front yard. PERMANENT BARBECUE GRILLS. Permanent barbecue grills should be placed in the rear of the house and as far as practical from the adjacent property. Specific locations and designs are subject to prior written approval by the AECC. PLAY EQUIPMENT. All such equipment must be located in rear yards. All equipment requires AECC approval unless it weighs less than 150 pounds and is not fixed to the ground. Basketball hoops may be located in the front yard and must be approved if permanently fixed to the ground. SATELLITE DISHES. Satellite dishes may be no larger than 39 inches in diameter and may not be in the front yard. Reasonable measures to screen the satellite dish from public view may be required. STORAGE AREAS. Sheds are not allowed. Enclosed storage areas may be added to homes under decks. These storage areas must be designed to respect the “visual rights” and aesthetic interests of neighbors. Enclosed storage areas must not be visible from the front of the house and must not interfere with any drainage. Siding and roof shingles should match the existing structure in color and design. STORM DOORS AND WINDOWS. Front and side storm doors must be full size view with clear, uncolored glass, and without ornamentation such as, but not limited to, bars, scallops, scrolls and imitation gate hinges. Rear storm doors are not required to meet these criteria if the yard is enclosed by a six (6) foot high privacy fence and the doors are not in view at eye level. A site plan is not needed for this type of request. Storm and screen doors must match the trim of the house or the entry door behind them. Storm and screen window frames must match the trim of the house. No plastic covering will be permitted on the outside of doors or windows. TRELLISES/ARBORS/PRIVACY SCREENS. These items shall be installed in conformance with the following criteria: 1. Screening may not be installed as a free standing wall or as a fence. 2. Lattice work must be installed with framing. 3. Lattice work may be painted to match the trim of the house, or stained. SWIMMING POOLS AND HOT TUBS. Permanently installed swimming pools, hot tubs and/or spas require AECC approval. Above ground pools are prohibited. SUN CONTROL DEVICES. Awnings, trellises or other exterior sun control devices shall not be permitted on the front or side of the house. Such devices on the rear of the house must be approved by the AECC. GENERAL MAINTENANCE Property ownership includes the responsibility of the maintenance of all structures and grounds which are a part of the property. This includes, but is not limited to, items such as mowing grass, removal of trash, and structural maintenance. Maintenance affects the visual character and economic values of the property and neighborhood and, in some cases, safety. Residents are responsible for maintaining the exterior of their homes and any other structures on their Lots. Such maintenance includes, but is not limited to: 1. periodic painting of house trim and washing of siding 2. periodic cleaning and sealing of decks and porches 3. maintaining lawns so as to not be greater than 6” in height 4. regular weeding of planting beds and trimming of bushes 5. proper maintenance of window screens 6. proper maintenance of fences, ensuring fences are kept upright 7. proper maintenance of window mullions In the event homeowners do not maintain the exterior of their homes, the Association may make any necessary repairs and bill the homeowner. No storage of bicycles, trash or trash cans, barbecue grills, snow shovels, tires, work tools, boxes, building supplies, etc., in the front or unfenced side yards of the property is permitted. Please refer to Article VII, Section 17 of the Declaration for more information concerning the duty to maintain and the Association’s authority with respect to enforcement. ENFORCEMENT PROCEDURES The following procedures will be taken by the AECC to enforce the rules and regulations as set forth in these guidelines. 1. All Owners and residents of the Association shall comply with all of the provisions of the Articles, By-Laws, Declaration and Rules and Regulations of the Association. Failure to comply with the aforementioned documents shall be grounds for an action to recover damages or for injunctive relief, for suspension of voting rights and the use of recreational facilities, for foreclosure of liens or any other legal or equitable relief deemed appropriate. 2. In the event any rule or regulation of the Association is violated, the owner shall be notified of the violation by first class mail or by a hand- delivered notice, providing ten (10) days to cure the violation or other wise respond. The notice shall be delivered to the address shown on the management agent’s books. If the owner is a nonresident, a copy of the violation notice may also be sent to the tenant at the Lot address. 3. If the Owner fails to cure or respond within the allotted ten (10) day period, a second and final notice to cure will be sent by certified mail, return receipt requested, providing ten (10) days to cure or respond. 4. If the Owner fails to cure or respond within this second ten day period, the Owner will be sent a Notice of Hearing by certified mail return receipt requested. 5. At such hearing, held not less than fourteen (14) days following the Notice, the Board of Directors shall determine the extent of the violation and will determine the penalties to be imposed in accordance with the applicable law. 6. In any instance where the violation presents a health or safety hazard which involves damages to life or property, the Association may take immediate action through its authorized agents to correct the violation. Such action shall be at the Owners expense. Notification to the owner of the action taken and the costs incurred will be hand-delivered or by first class mail. 7. The Association, through its authorized officers, employees and agents, shall have the right to enter upon any Lot at all reasonable times for the purpose of ascertaining whether such Lot or the construction, erection, placement remodeling or alteration of any structure thereon is in compliance with the provisions of the guidelines. 8. An aggrieved party shall have the right to appeal any violation citation or AECC approval or denial. The request for appeal must be submitted in writing and received by the management agent within twenty (20) days of receipt of the violation notice. An appeal may be made if it appears that the following situations occurred: a. Proper procedures were not followed during the administration and review process. b. The AECC’s decision was arbitrary and had no rational basis. c. The AECC’s decision was contrary to the provision of the Declaration, By-Laws, Association rules and regulations, or state or local laws. 9. Following the appeal, any aggrieved party will be advised in writing of the AECC or Board’s decision, what measures are required for compliance, and consequences for failure to comply, as applicable.
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