THE UNIT OWNERS ASSOCIATION OF FAIR LAKES CONDOMINIUM
RESOLUTION #2001-03 Revised (2004)
RESOLUTION ON PETS
WHEREAS, Article III, Section 2, of the By-Laws of The Unit Owners Association of Fair Lakes Condominium (“By-Laws”) assigns the Board of Directors (“Board”) powers and duties necessary for the administration of the Condominium and states that the Board may do all such acts and things as are not by the Condominium Act or the Condominium Instruments directed to be exercised or done by the Association; and
WHEREAS, Article III, Section 2(f) of the By-Laws authorizes the Board to adopt and amend rules and regulations so long as the rules and regulations do not conflict with the Act or the Condominium Instruments; and
WHEREAS, Article XX, Section 1 (h), of the Declaration of Fair Lakes Condominium (“Declaration”) places certain restrictions on animals, and the Board wishes to clarify and amplify the requirements and restrictions on pets as established in that section of the Declaration; and
WHEREAS, Article XX, Section 1 of the Declaration prohibits any nuisance or annoyance on any portion of the property which interferes with the peaceful possession or proper use of the Condominium by its residents; and
WHEREAS, Section 55-79.83 B of the Condominium Act authorizes the Board to impose reasonable user fees against unit owners; and
WHEREAS, the Fairfax County Code provides that: (i) It is against the law to allow animals to trespass on, destroy or damage another person's property; (ii) It is against the law to allow animals to run at large on public property or the private property of others; (iii) Dogs must be restrained by a dependable leash and controlled by a responsible person when off the property of the owner; and, (iv) Animals must not continually make loud and objectionable noises or be kept in such manner as to cause unsanitary conditions: and,
WHEREAS, for the health, safety, welfare, comfort and convenience of all residents, the Board wishes to establish an updated policy regarding pets that establishes certain fees relating to the maintenance of pets in the Condominium, that incorporates the requirements of Fairfax County ordinance and that may be equitably and consistently enforced.
NOW, THEREFORE, BE IT RESOLVED THAT the following policies with regard to the ownership and housing of pets within the property of Fair Lakes Condominium are adopted by the Board of Directors:
1. The Board authorizes the Animal Warden of Fairfax County, Virginia, to enforce the Fairfax County Leash Laws and other related animal control laws on the common elements of the Condominium.
2. All residents who have pets must register the pets with the Association by submitting a completed Pet Registration form within fifteen (15) days of the housing of a pet upon the Condominium. Any change in the status of a resident’s pet(s) housed on the premises must be updated within fifteen (15) days of a change. The Association reserves the right to require all pet owners to update registration forms annually, or more frequently, as may be necessary.
3. Subject to the limitations established in this Resolution, only small orderly domestic pets (e.g., dog, cat, or caged bird) that are not vicious in nature may be kept and maintained within a single living unit.
a. The number of pets that may be kept and maintained within a single living unit at any one time is two.
b. Pets kept or maintained for commercial purposes are strictly prohibited within the community.
4. With respect specifically to the ownership of pet dogs, unit owners must pay an annual pet fee of $30/year per dog. Said charge shall be payable to the Association and shall be collected in the same manner as assessments from Unit Owners. If the Unit Owner fails to pay the fee, the Association may, in addition to other remedies, require the pet(s) to be removed.
5. When outside of the owner's unit, all pets must be carried or secured on a leash at all times.
a. Additionally, all pets must be attended to by a responsible person at all times.
b. No pet may be leashed to any stationary object on the Common Elements.
c. Pets are strictly prohibited from entering the tot lot/ volleyball court area.
6. Pet owners are responsible for any property damage, injury, and disturbances their pet(s) may cause or inflict.
7. Pet owners are responsible for ensuring that all pets are not permitted to bark, howl, or make other loud noises such that the peaceful enjoyment of units or the Common Elements is adversely affected.
8. Pet owners are responsible for the removal and proper disposal of pet waste from the Common Elements and Limited Common Elements and any damage caused by pet waste.
a. Pet owners are responsible for ensuring that all pets shall not be permitted to urinate and/or defecate on the common area in front of all buildings nor on any human constructed object to include sidewalks, streets, light posts, fences, and retaining walls.
b. Pet owners are responsible for ensuring that pets do not repeatedly urinate and/or defecate in the same area of the Common Elements and Limited Common Elements.
9. The Board of Directors shall have the right to assess a Unit Owner for any extraordinary costs of maintaining/repairing the Common Elements caused by the presence of a pet.
10. Upon recommendation of the Management Agent and in accordance with Association procedures for rule enforcement and due process, the Board of Directors may, in its discretion, and after giving the unit owner an opportunity for a hearing, assess charges as outlined in the Association’s Due Process Resolution #2001-04 ($10 per day/$50 per occurrence).
11. Upon failure to register a pet within fifteen (15) days of the housing of a pet upon the Property, the Board of Directors may, in its discretion, and after giving the unit owner an opportunity for a hearing, assess charges as outlined in the Association’s Due Process Resolution #2001-04 ($10 per day/$50 per occurrence).
12. Unit owners who lease their units must provide in all lease agreements to unit tenants that the lessee agrees to comply with this resolution and all rules of the Association.
a. The unit owner shall file with the Board a copy of the lease or any other agreement.
b. Unit Owners are fully responsible for all infractions of this resolution by all occupants of their unit.
13. This resolution supersedes all previous resolutions on pets.