UNIT OWNERS ASSOCIATION OF FAIR LAKES CONDOMINIUM

 

Policy Resolution No. 2001-05 Revised

Rules and Regulations Regarding Parking

 

 

            WHEREAS, Article III, Section 2(f) of the By-laws of the Unit Owners Association of Fair Lakes Condominium (“Association”) grants the Board of Directors (“Board”) the power to adopt and amend rules and regulations so long as such rules and regulations do not conflict with the Virginia Condominium Act (“Act”) or the condominium instruments;

 

            WHEREAS, Article III, Section 2 of the By-laws, grants the Board powers and duties necessary for the administration of the affairs of the Association;

 

            WHEREAS, Article III, Section 2, of the By-laws states that the Board may take any and all actions that are not by the Act or the condominium instruments required to be taken by the Association;

 

            WHEREAS, the Board wishes to clarify and amplify the provisions of Article XX, Section 4 of the Declaration which addresses common element parking spaces;

 

            WHEREAS, in 2001, the Board adopted Policy Resolution No. 2001-05 which specified the rules and regulations regarding parking; and

 

            WHEREAS, the Board wishes to modify Policy Resolution No. 2001-05 in order to assure more equitable parking arrangements, as well as safe operation of vehicles and attractive parking areas.

 

            NOW, THEREFORE, BE IT RESOLVED THAT, the Board modifies Policy Resolution No. 2001-05 and approves the following restrictions and guidelines concerning parking on the common elements of the Condominium which will take effect on August 1, 2004.

 

I.  PARKING RIGHTS

 

A.        Pursuant to Article XX, Section 1(g) of the Declaration, no more than two vehicles may be parked or stored on the common elements by the occupants of any individual unit, unless expressly authorized by the Board.

 

B.         Each unit has been issued one parking hangtag. This parking tag is required between the hours of 11:00 p.m. and 7:00 a.m. for any vehicle that is not parked in a reserved, numbered parking space located on the common elements.  The parking hangtag may be used by unit owners and their guests. If a unit owner owns a motorcycle, he or she may choose to receive a sticker in lieu of a hangtag. 

 

C.        Parking hangtags shall be hung from a vehicle’s rearview mirror, and must be visible through the front windshield.  Between the hours of 11:00 p.m. and 7:00 a.m., any vehicle parked in an unassigned space on the common elements not displaying a hangtag on the rearview mirror such that it is visible through the front windshield, is subject to being towed and stored off the property at the vehicle owner’s expense and risk.

 

D.        One parking space on the common elements shall be designated “reserved” for each unit and shall be used only by the occupants of the unit to which the parking space is reserved.  The remaining common element parking spaces are available on a first-come, first-served basis.   

 

E.         Only owners who are current in paying assessments will be issued hangtags or stickers.  Unit owners who are delinquent in the payment of assessments shall have their reserved parking space suspended until the account is brought current.

 

      F.   It is the responsibility of each unit owner to obtain the parking tag issued for the unit when the Board of Directors chooses to issue new parking tags.  If the unit is leased, the unit owner is responsible for obtaining and providing his or her tenant with the parking tag. It is the responsibility of each unit owner to transfer their parking tag to the new owner upon the sale of their unit.

 

      G.  A unit owner, while parked in any parking space on the common elements, displaying a fake hangtag or a fake sticker shall be suspended from any parking privileges at Fair Lakes Condominium for a period of six (6) months.  A unit owner displaying a hangtag that was declared to be lost or stolen, and for which a replacement hangtag had been issued by management, shall be suspended from any parking privileges at Fair Lakes Condominium for a period of six (6) months. In addition, cars displaying these tags may be towed and stored off the property at the vehicle owner’s expense and risk.

 

II.  RESTRICTIONS

 

A.        No vehicle shall remain on the common elements unless it has current license plates, a current County of Fairfax sticker (if legally required of the vehicle’s owner) and a current state inspection sticker.

 

B.         All vehicles must be maintained in proper operating condition so as not to be a hazard or nuisance due to noise, exhaust emissions, fluid leakage, or appearance.

 

C.        No junk or derelict vehicle shall be parked on the common elements at any time.  Any motor vehicle, trailer or semi-trailer that cannot be operated in its existing condition because the parts necessary for operation, such as, but not limited to, tires, wheels, windshield, engine, drive train, driver’s seat, steering wheel or column, gas or brake pedals, are removed, damaged, or destroyed, or has a deteriorated body condition, shall be deemed to be a junk or derelict vehicle, regardless of the display of valid state license/registration or inspection sticker.

 

D.        No permanent or overnight parking or storage of unused, inoperable or unlicensed motor vehicles is permitted.

 

E.         Pursuant to Article XX, Section 1(g) of the Declaration, commercial vehicles may not be parked on the common elements without permission of the Board. 

 

F.         Commercial vehicles, trailers, campers, recreational vehicles or boats may not be parked on the common elements.  Commercial vehicles include:  (i) any solid waste collection vehicle, tractor truck or tractor truck/semitrailer or tractor truck/trailer combination, dump truck, concrete mixer truck, towing and recovery vehicle with a registered gross weight of 12,000 pounds or more, and any heavy construction equipment, whether located on the highway or on a truck trailer, or semitrailer; (ii) any trailer, semitrailer, or other vehicle in which food or beverages are stored or sold; (iii) any trailer or semitrailer used for transporting landscaping or lawn-care equipment whether or not such trailer or semitrailer is attached to another vehicle; (iv) vehicles with lettering, signs and/or designs of a commercial nature; and (v) any vehicle licensed by the Commonwealth for use as a common or contract carrier or as a limousine. 

 

G.        No maintenance on any motor vehicle, other than necessary tire changes or emergency repairs is permitted on the common elements.

 

H.        Covered vehicles may be parked in reserved spaces only.

 

I.          Any equipment stored in or on a vehicle parked on the common elements must not extend beyond the length or width of the vehicle.

 

J.          All assigned spaces shall be numbered on the curb at the front of the parking space.

 

K.        Motorcycles may be parked horizontally in the assigned space.

 

L.         No vehicle shall be parked in a manner that blocks other parked vehicles, prevents ingress or egress, or in a manner, which occupies more than one parking space.  These vehicles will be subject to towing without warning and/or a monetary penalty of $50. 

 

M.        No vehicle shall be parked in violation of any posted sign.

 

N.        Only vehicles displaying a handicapped license or permit shall park in a space designated for handicapped use.  Any vehicle parked illegally in a handicapped parking space will be subject to ticketing by the Fairfax County Police Department.

 

O.        Temporary storage units may be placed in a unit’s reserverd/numbered parking spot for a period of time not to exceed 72 hours. Unit size may not exceed the size of the parking space, nor prevent adjacent parking spaces from being used. Unit owner must notify Management upon placement of the storage unit. Storage units may never be located in an un-numbered or handicapped parking space.

 

III.  ENFORCEMENT

 

            The Board of Directors has granted permission to the Fairfax County Police Department to enter onto the common elements and enforce the provisions of the Commonwealth of Virginia and Fairfax County motor vehicle registration and licensing requirements, as well as provisions of the Commonwealth of Virginia motor vehicle laws.

 

A.        Beginning April 1, 2003, any vehicle parking on the common elements in violation of the rules and restrictions contained in this policy may be towed.  Between 11:00 p.m. and 7:00 a.m., the Association’s towing contractor will tow vehicles parked in unassigned spaces on the common elements that do not display parking tags and/or are otherwise in violation of the Association’s parking policy.  A unit owner or resident may have a vehicle towed from their reserved numbered space.  The unit owner or resident must contact the towing contractor, show proof of residence and sign the towing order.  The unit owner or resident accepts all liability for directing the tow and holds the Association, its agents, employees, successor and assigns, harmless from any claim that may arise from towing the vehicles.

 

B.         The replacement fee for a parking tag is $50.  This fee applies to lost and/or stolen tags and stickers for motorcycles.  Upon conveyance of a unit, the current unit owner must turn over its hangtag to the new owner(s) of the unit.  If the hangtag is not transferred to the new owner, then it is the new owner’s responsibility to purchase a new tag from Management. If a unit owner has tenants, it is the responsibility of the unit owner to collect the hangtag from vacating tenants.

 

C.        For purposes of these regulations, “motor vehicle” shall be defined pursuant to its definition set forth in Virginia Code, Section 46.2-100.  Generally an approved motor vehicle is defined as any conventional passenger vehicle, motorcycle, personal van or pickup truck of three-quarter tons or less gross capacity.

 

D.        In addition to towing, the Board may enforce the Declaration or this Resolution by any proceeding at law or in equity (including injunctive relief).  The unit owner may be responsible for attorneys’ fees and costs incurred by the Association in any such proceeding, pursuant to Section 55-79.53 of the Act.

 

E.         The Board shall have the power to assess charges against any unit owner who violates this Resolution, pursuant to Section 55-79.80:2(B) of the Act, for any violation of the condominium instruments or of the Rules and Regulations for which an owner or his family members, tenants, guests or other invitees are responsible.

 

F.         Scope of Enforcement

 

1.         Any motor vehicle, trailer, semi-trailer, camper, boat truck, personal van, recreational vehicle, or other vehicle of any description that is parked in violation of the General Provisions or Restrictions of the Vehicle Policy shall be deemed to be parked without permission of the Association and subject to enforcement as provided by the Enforcement Procedures of this Policy, in accordance with the provisions of Chapter 8, Section 46.1-551 of the Code of Virginia, as amended, which provides for the removal by towing of any motor vehicle or other vehicle that is so parked without permission.  Any vehicle parked on any common element area or space without permission is subject to being towed and stored off the property at the owner’s expense and risk.

 

2.         Residents shall be responsible for the conduct of their guests and visitors as it relates to the operation and parking of their guests’/visitors’ vehicles.