Rules and Regulations

Rules and Regulations

As Amended

  January 4, 2017

 

Section 55-513 of the Virginia Property Owners Association Act (herein the “Act”) authorizes the Board of Directors to establish, adopt and enforce rules and regulations with respect to use of the common areas and  with respect to such other areas of responsibility assigned to the association by the declaration except where expressly reserved by the declaration to the members.  Among the purposes of a homeowners association are the protection of the quality of living in a unique environment and the preservation of property values by setting forth certain architectural standards and establishing reasonable rules of conduct.  While the general standards are specified in the Second Restated and Amended Declaration of Covenants (herein the “Declaration”) and two documents authorized therein–the Chart of Maintenance Responsibilities and the CARB Standards–the following paragraphs outline specific application of those standards.  Defined words or phrases herein are the same as those set forth in the Declaration.

  1.  Common Areas

 a)      No Member shall install, or cause to be installed, materials or engage in any other activities in, on or below the surface of Courtyard Homes Common Areas that include the curbside plantings and specimen trees planted as part of the original Courtyard Homes landscape scheme.

b)      No Member shall plant or remove a tree or shrub from, or plant flowers in, the Courtyard Common Area that includes the curbside plantings and specimen trees planted as part of the original Courtyard Homes landscape scheme.

c)     Members are strongly encouraged to water replacement shrubs in curbside plantings for the first year following such replacement.  Failure to do so may result in the inability of the Association to provide additional replacements.

2. Landscape:

 a)      If a Member adds mulch to the foundation areas of any Lot, the mulch must be of the same color and consistency as that uniformly applied by the Association through its contracted landscaping service.

b)     No Member shall permit a situation to exist on any Lot in Courtyard at Redfields that interferes with contracted landscaping services after that Member has been notified by the Association of the existence of a “maintenance problem”.

  3. Exterior Maintenance:

 a)      No Member shall permit a situation to exist on any Lot in Courtyard at Redfields that interferes with contracted exterior maintenance services after that Member has been notified by the Association of the existence of a “maintenance problem”.

  4. Vehicles and Parking [Declaration ARTICLE VI, 1 (c)]:

 a)      No more than three (3) vehicles may be maintained or stored on any Lot (including those stored in garages).

b)     No vehicle without a valid license and current inspection sticker may be kept or maintained on any Lot within Courtyard at Redfields except in a garage.

c)      Vehicles should not be regularly parked on the streets or in the rights-of-way within Courtyard Homes at Redfields.

d)     Vehicles shall not be parked on any street in a manner that impedes reasonable ingress or egress to and from a driveway by any other Lot Owner.

5.  Garbage Pickup [ARTICLE VI, 1 (d)]:

 a)      Trash containers and recycling bins shall be stored in garages or concealed by appropriate and approved screening.

b)     Trash containers and recycling bins shall be placed at the street curb no earlier than 6:00 p.m. on the evening prior to the day of pick-up and shall be removed from the curb no later than 7:00 p.m. on the day of pick-up.

 6. Open Garage Doors [ARTICLE VI, 1 (e)]:  

 a)      Garage doors shall be kept open for reasonable use and periods of minimum duration.

 7. Exterior Appearance [ARTICLE VI, 1 (g)]:

 a)    Dead or diseased trees or shrubs not in the bermside plantings or common areas shall be removed within a reasonable time.  Replacing such trees or shrubs requires CARB approval.

b)     No accumulation of dead leaves, ornamental grasses, stalks, fallen branches or other landscape debris shall exist on a Lot beyond a reasonable time for cleanup.

c)     No homeowner shall permit a situation to continue to exist on a Lot or any dwelling thereon that might result in an unclean, unhealthy, unsightly, unkempt or deteriorating condition.

 8. Business Use [ARTICLE VI, 1 (k)]:

 a)      No items of personal property shall be exposed for sale on a Lot or on the Property and, except for annual or semi-annual community-wide yard sales, no garage sale, moving sale, rummage sale or similar activity may be conducted in or from any Lot.

 9. Quiet Enjoyment [ARTICLE VI, 1 (l)]:

a)      Noise:  No outdoor activity that causes undue annoyance to others shall take place on a Members property between the hours of 10:00 p.m. and 7:00 a.m.

 10. Unsightly or Unkempt Conditions [ARTICLE VI, 1 (m)]:

 a)      Hobbies or other activities that might tend to cause disorderly, unsightly or unkempt conditions shall not be pursued or undertaken on a Lot or elsewhere on the Property.

 11. Animals and Pets [ARTICLE VI, 1 (n)]:

 a)      No animals, livestock or poultry may be kept on any Property except that dogs, cats and other usual and common household pets may be permitted in a Lot.

b)     All pet animals must be secured by a leash or lead and under the control of a responsible person and obedient to that person’s command at any time they are permitted outside a residence on a Lot or in the public areas of Courtyard at Redfields.

 12. Architectural Review [ARTICLE VI, 2]:

 a)      No structure shall be placed, erected or installed upon any Lot, no construction, no exterior alteration or modification of existing improvements, and no plantings or removal of plants, trees or shrubs shall take place except in strict compliance with the above cited ARTICLE VI, 2 of the Declaration, and not until approved by the Courtyard Architectural Review Board and the Redfields Architectural Review Committee in accordance with their respective Architectural Review Standards and Architectural Guidelines, the latter two documents being incorporated herein and made a part of these Rules and Regulations by reference thereto.

 13. Meetings

 a)      Members planning to speak at regular meetings of the Board of Directors normally held on the first Wednesday of the months of January, March, May, July, September and November shall advise the Corporate Secretary of their intent in advance of the meeting date so that adequate seating can be arranged.  Such Member is allotted 5 minutes to address the Board at such meetings.

b)     Members may speak at the Annual Membership meeting normally held on the first Wednesday of October in each year with 5 minutes allotted to each Member for this purpose unless, in the judgment of the Chair of the meeting, the question or issue presented should be given additional time for consideration.

c)      Members intending to make audio or video recording of meetings of the Board of Directors are encouraged to give notice of such intention to the Corporate Secretary in advance of the meeting and any equipment used in such recording shall be placed and used in a manner that does not interfere with the proceedings at such meeting as determined by the Board of Directors.

 14. Enforcement:

 a)      These Rules and Regulations may be enforced by any method normally available to an owner of private property in Virginia, including but not limited to, application for injunctive relief or damages, during which the court may award to the Association court costs and reasonable attorney fees.

b)     In addition, these Rules and Regulations may be enforced by any method authorized by the Declaration, the Bylaws of the Association or by the Act.

c)      The Association and its designated agents may enter any Lot or Property and take such actions (including but not limited to actions to maintain, improve, clean, preserve, clear, remove or correct a breach of the Declaration or these Rules and Regulations) as deemed advisable with the land and exterior improvements thereon in connection with any use restriction or maintenance required by the Declaration.   Such entry shall be made with as little inconvenience to the Owner as practical and any damage caused thereby shall be repaired by the Association out of its common expense funds.  The costs of any such actions taken by the Association shall be charged to the Owner of the Lot and shall be treated as an assessment to the Lot to the extent that such action was taken to correct a breach of the Declaration or these Rules and Regulations.

d)     The Board of Directors shall have the power to assess charges for any violation of the Rules and Regulations for which the Member or his family members, tenants, guests or other invitees are responsible.  The latter action will only be taken following the due process procedure provided in the appropriate resolution previously adopted by the Board of Directors.

e)      The amount of charges assessed as provided in subparagraph (c) hereof shall not be limited to the expense or damage to the Association caused by the violation but shall not exceed $50 for a single offense or $10 a day for any offense of a continuing nature and shall be treated as an assessment against the Member’s Lot for the lien purposes specified in Section 55-516 of the Virginia Property Owners Association Act.