Info & Rules
Important Phone Numbers
|Police and Fire||Towing|
Emergency Police, Fire, Rescue, or Ambulance – 911
Police (non-Emergency) – 703-691-2131
Crime Solvers – 703-691-8888
Fairfax Fire and Rescue – 703-971-5858
Inova Healthplex Emergency – 703-797-6800
Fairfax Emergency Management - 571-350-1000
Dominion Towing – 703-730-1177
Trash Away 703-339-4560
Lorton Landfill – 709-690-1703
Household Hazardous Waste Disposal – 703-324-5068
Poison & Animal Control
Dominion Power (power services) – 866-366-4357
Fairfax Water – 703-698-5800
Cox Communications – 703-378-8400
Verizon – 703-954-6222
Dish Network – 888-284-7116
DirecTV – 800-494-4388
Poison Information – 800-222-1222
Animal Control – 703-830-1100
Rules & Regulations
Dear Franconia Commons Member:
We think these are unprecedented times which call for taking the unusual step of sending you this information by letter.
We know all of you are dealing with the many difficult situations presented by the COVID-19 pandemic. That's why we believe that it is even more important than normal that we, as your Board of Directors, make the best decisions about matters affecting our community that we know are very important to many of you.
At Franconia Commons, we are proud of our community and its many amenities including our pool, tennis court, playgrounds and baseball field. We have never been faced with such a challenging and potentially unsafe situation as we now face with the COVID-19 pandemic.
As the wellbeing of the community and its residents is of the utmost importance to the Board, we have made what we consider to be the most difficult decision we've ever had to make.
In keeping with information available from the Centers for Disease Control and Prevention (CDC), the Fairfax County Department of Health, the Board of Supervisors, our attorney, and our insurance agent, the Board has decided to follow the lead of Fairfax County (among other local jurisdictions) and not open the pool for the 2020 season.
As we expressed, this decision was very difficult. It is one we hope we never to have to make again. The protection of our residents, particularly our kids, as well as the safety of the young adults and teens who staff our pool was our highest priority. Safeguarding our association and its members from liability surrounding any COVID-19 problems was also part of the decision. The numerous new mandatory restrictions, rules, protocols, and procedures that we would have needed to adopt and properly implement on a rush basis to comply with all applicable laws and governmental orders were extremely challenging, and, frankly, more than what we confidently handle with our available resources. Had we decided to open the pool when the Governor announces the start of "Phase II" of his re-open plan, we would have been legally required to control crowd size, enforce social distancing in and out of the water, retain a special cleaning company to perform high-intensity sanitation and cleaning services, and implement and enforce new rules designed to promote safety in response to the risks caused by the public health pandemic. These are the "operational difficulties" that the County cited when it decided not to open its public pools. These "operational difficulties" apply to us, and we have less resources than the County.
The Board understands that many of you will be disappointed with this decision. We're disappointed, too. Status of Other Amenities
Per the Governor's Executive Order #61, proprietors are required to clean and disinfect shared use outdoor equipment and facilities after each use and supply hand sanitizer or hand washing stations for our members. The Board has decided that these requirements are not practical for our association; therefore, we cannot approve the use of these facilities. Users who use these facilities do so at their own risk and peril and are responsible for their own safety.
Please accept our sincere apologies in making this very difficult decision as we continue to make it through this difficult time as an Association.
On Behalf of the Franconia Commons Board of Directors
- Trash will be collected by the contracted company every Tuesday and Friday. Holidays or inclement weather may affect these hours. Please see the website for the garbage and recycling company. http://trashaway.com/hoas.html
- Trash containers may be placed at curbside no earlier than 6:00 PM on the evening before, and no later than 7:30 AM on the day of collection. NOTE: Plastic bags may not be placed at curbside earlier than the morning of collection.
- Refuse shall be collected at curbside. All trash will be placed in covered garbage cans with handles weighing less than 30 pounds, or in tied, dark-colored plastic bags. White plastic is not acceptable (white plastic tends to attract the attention of birds and other scavengers which can result in trash being strewn throughout the community).
- Brush and limbs will be collected at curbside when securely bundled, bagged or canned. Bundled brush and limbs shall not exceed four feet in length and 18 inches in diameter
- The contracted has provided each residence with a plastic receptacle in which recyclable materials are to be collected. Materials for recycling are mandated by Fairfax County and may change from time to time according to the county’s recycling policies. Residents are advised to check with Fairfax Country or property management if they have questions on what is to be recycled.
- Metal may be intermixed in the recycling receptacle and placed at curbside after 6:00 PM on the evening before, or before 7:30 AM on the day of collection.
- Glass is no longer accepted at curbside pickup in Fairfax county. Please take all glass recycling to a Purple recycling center. A location nearest you can be found at https://www.fairfaxcounty.gov/publicworks/recycling-trash/glass.
- Covered, plastic trash cans with handles are the most widely used, acceptable trash container. Trash containers may be of any size, but should not weigh in excess of 30 pounds when full
- All trash containers and recycling receptacles must be picked up by residents for storage within their fenced-in back yards on the same day as collection. The storage of trash containers and/or recycling receptacles in front or side yards or outside year fences on Commons property is strictly prohibited.
- In general, heavy-weight, dark-colored plastic trash bags are acceptable but may be placed at curbside only on the mooring of the day of collection. White plastic bags are not acceptable as they attract birds and other scavengers that could scatter the refuse about the community.
SPECIAL TRASH PICK UPS
- Appliances, furniture, paint or solvent containers, etc., will be picked up free of charge when prearranged to the specifics and scheduling of the contractor. Please indicate to the contractor if paint and solvent containers are a part of your trash, as these are classified as hazardous waste and require special handling. Most paints or solvents are required to be mixed with kitty litter in order to qualify for pickup. Check with the contractor for detailed information.
- Fences and remodeling debris are excluded from the free service. Costs of pick up for these items will be negotiated separately by the individual homeowner/tenant and contractor
- A notice will be circulated within the community providing the date that Christmas trees will be picked up. Fairfax County controls the collection process, thus, our trash contractor must abide by the County’s schedule.
- A warning notice will be issued to first time offenders for the following violations:
- Trash containers and/or recycling receptacles located in front or side yards or outside rear fence on Common grounds
- Trash/recyclables not in proper container
- Trash/recyclables put out more than 12 hours earlier than regularly scheduled-pickups
- Trash/refuse or grass/shrubbery cuttings dumped on common grounds.
- This notice will be kept on file by property management. All subsequent violations will be subject to an assessment of $50 per occurrence and added to the regular quarterly assessment of the non-complying Association member.
- Any method practical and/or feasible to identify offending resident will be utilized to enforce the trash guidelines
- Special pickups on non-scheduled trash/recycle days cost the association $50 for each occurrence. These costs will be passed through and added to the quarterly assessment of the violating homeowner/member, together with a copy of the contract’s bill for the service.
- Absentee homeowners are responsible for all assessments and are required to inform their lessee/tenants of the trash guidelines, and all other Franconia Commons Homeowners Association Rules and Regulations.
- The Architectural Committee will periodically inspect the community and notify the owners of any architectural violations and/or repairs that need to be made. The homeowner will then have sixty (60) days to accomplish needed repairs. Extensions of time to effect repairs may be granted on a case-by-case basis by the Architectural Committee. All extensions will be reported, for the Record, to the board. If repairs are not completed within that time, the Board may suspend Association privileges. If repairs are not completed at the end of thirty (30) more days, then the Association in accordance with the Declaration of Covenants, Conditions and Restrictions will make the necessary repairs at the owner’s expense.
APPLICATION PROCEDURES FOR ARCHITECTURAL CHANGES
- Applications must be made in writing to property management for the Committee’s review and approval. The application should include a complete description of the proposed change or project. Upon receipt and full clarification of the application, the Committee is obligated to review within thirty (30 days and inform the application of its decision promptly thereafter.
- If an application is denied for any reason, the applicant may reapply to the Committee, through property management, for reconsideration; however, the reapplication must be made in writing to the Committee, through property management with seven (7) days of receipt of notice of denial. The Committee is then obligated to act upon the reapplication within seven (7) days of its receipt.
- If the reapplication is denied, an appeal to the Board of Directory may be made within seven (7) days, forwarding the original application, the reapplication, and all pertinent correspondence together with a written request that the Board review the case. The Board will rule within thirty (30) days and notify the application of its decision.
LANDSCAPING AND PLANTING
- Generally, landscaping and planting do not require the approval of the Committee if it is compatible with the existing landscape and surrounding. No climbing plants or ivy will be allowed on the outside of building and chimney or on the Commons side of fences.
Changes in walkways require committee approval. Asphalt and gravel walkways are not acceptable. Brick, natural concrete or slate walkways are generally acceptable, depending upon location and size. Painted or covered concrete is not acceptable.
TREES, HEDGES, AND SHRUBS
- Trimming and mulching of trees, hedgers and shrubs within the boundary of homeowner’s lot are the responsibility of the homeowner
- Trees, hedges and shrubs on homeowner’s property which restrict sight lines for pedestrian and/or vehicular traffic shall be cut back or removed. Trees, shrubs, hedges or planting which protrude through or over fences in an obstructive or unsightly manner onto adjacent property, to include the Commons, are not permitted and shall be cut back and maintained by the owner. Dead shrubs or trees shall be removed by the owner.
- Leaves and trash in the front or side yards will be promptly removed by the resident
ALTERATIONS, ADDITIONS AND DETACHED STRUCTURES
- Any addition to an existing building, any exterior alteration, modification or change to an existing building, or any new detached structure must have the approval of the Committee before any work is undertaken. Exampled of such projects include fireplace, storage shed in backyard or change of trim and shutter color.
- Any addition, exterior alteration, modification or change to an existing building shall be compatible with the design character of the original building. Any new detached structure shall be compatible with the parent structure.
- Approval of a project by the Committee does not relieve the owner from obtaining building permits from the county.
MATERIALS AND COLOR
- Only the exterior materials existing on the parent structure or compatible with the architectural design character of the community will be approved. Painted aluminum or vinyl coverings may be used for wood window trim, door trim, and roof trim.
- Exterior color changes will be approved only if the proposed color is similar to the colors originally employed in the community. For all but China Grove Court, Martin-Senour Williamsburg exterior paints are the official colors. For China Grove Court, McCormick Colonial Exterior paints are the official color. Contac the managing agent or a committee member for assistance with approved colors.
- In general, only those areas that are painted may be repainted.; only those areas that are stained may be re-stained; unpainted surfaces such as brick and natural concrete shall remain unpainted, uncovered, and unstained.
- All exterior painted surfaces must be properly maintained. This includes all trim and shutters – front, sides, and back. Surfaces should be scraped, cleaned, caulked, and primed as necessary. Painting is required when surfaces begin to peel or fade. Protective covering or capping of wood surfaces may be used as long as original design is maintained.
STORM DOORS AND WINDOWS
- Storm doors shall be painted to match the existing doors or to match the predominant trim color of the house. Unpainted aluminum or white doors are not acceptable. Grill work motif storm doors are acceptable. Painted storm windows are acceptable only if painted to match or harmonize with the predominant trim color. Replacement windows may be installed, may be of metal or vinyl design but must have window panes matching the original window configuration. These windows may be white in color.
ATTIC FANS AND CHIMNEYS
- Attic fans and metal chimneys shall be the standard aluminum finish or painted flat black or to match the existing roof and stack colors. They shall be located to the rear of the roof beam and if possible, shall not be visible at ground level from the front of the house.
AWNINGS AND ARBORS
- Awnings are generally not acceptable; however, semi permanent awnings made of canvas or canvas-like material will be considered by the Committee. Aluminum awnings are not acceptable. Color of the awning material, design or the support structure, size, location and public exposure will be taken into consideration and will be grounds for approval or denial. Wooden arbors are generally acceptable; however, size, location, design and public exposure will be taken into consideration and will be grounds for approval or denial.
- The use of existing shed design and materials is encouraged; however, location, materials, design, size and public exposure will be taken into consideration and will be grounds for approval or denial. New sheds which extend more than six inches above the top of the fence will not be approved.
- Missing, fallen, or damaged shutters, roof shingles, gutters and down spouts must be replaced
- House numbers shall be brass numbers on stained wood or script lettering or numbers above or beside door. Numbers will not be displayed on front doors or storm doors. Numbers may be displayed by end unit owners on the side of the residence which faces the court parking lot or street.
- Exterior antennas are not permitted to be visible from the Commons areas
- Cable for cable TV, etc, must be beige in color; black is not permitted. Cables are not permitted to run over the top of roofs to enter into the residence.
- Exterior lighting shall not be directed in such a manner as to create an annoyance to neighbors
- Trash and garbage containers may not be kept in front or side of houses or outside fenced yards except as allowed in the Association’s Rules and Regulations.
- Storage of fire wood shall be restricted to rear yards and may not be stored on the Commons ground
- Approval – Any retaining wall must be approved by the Committee before installation is initiated
- Restrictions – Retaining walls which divert ground water onto adjoining properties or which otherwise substantially change the existing drainage patterns will not be approved.
FENCES, SCREENS, AND WALLS
- Any fence, screen or wall above grade must have the approval of the committee before installation is undertaken
- No fence, wall or screen wil be approved if its installation will obstruct sight lines for vehicular traffic.
- Any fence, wall or screen must be consistent with the existing architectural character of the community
- Broken or fallen fences must be repaired or replaced with appearance identical to the original
- Fences, walls and screens must conform with the architectural design of Franconia
- Chain link, galvanized, or other metal fencing are not permitted
- Walls above grade should be constructed of natural stone, masonry, or attractive lumber
REAL ESTATE SIGNS
- Signs relating to the real estate transactions by agents or by owners shall be displayed only as provided for below:
- There shall be no more than one sign on a lot
- The sign on lot shall be no larger than four square feet in area, nor exceed six feet in height
- All signs shall be removed within seven (7) days of settlement or leasing of the property
- No real estate sign may be illuminated; however, the sign may utilize-light reflective paints
- Directional signs shall be displayed only at the North corner of Flat Rock Road and Beulah Street and at the South corner of Flat Rock Road and Fleet Drive directional signs may also be placed at the South end of Yadkin Ct and Fleet Dr. Each Real Estate company or owner shall place only one directional sign at each entrance of Flat Rock Road There shall be no additional directional signs other than open house signs placed within the confines of Franconia Commons.
- Open house signs are permitted on the day of showing and shall be removed promptly at the conclusion of showing. Up to three additional open house signs are allowed within the confines of Franconia Commons.
|Antenna (Satellite dish)||To the extent feasible, antennas should not be visible from the street or from other lots. Preferred locations, in order of preferences, are:|
|Antenna (Satellite dish||Mounted directly on the rear of the townhome, on a roof plane facing the rear, or on the back side of a chimney.|
|Antenna (Satellite dish||Mounted on the ground in the rear yard.|
|Antenna (Satellite dish||Mounted on a pole, an existing other structure, or a tree in the rear yard.|
|Antenna (Satellite dish||Owners shall not permit their antennas to fall into disrepair or to become safety hazards. They shall be responsible for repainting or replacement if the exterior surface of antennas deteriorates|
|Antenna (Satellite dish||Cable for cable TV, etc, must be beige in color; black is not permitted. Cables are not permitted to run over the top of roofs to enter into the residence.|
|Back Yard||Storage of firewood shall be restricted to rear yards and may not be stored on Commons grounds|
|Back Yard||Trash and recycling containers may not be kept in front, or at the sides of, houses or outside fenced yards, except as allowed in the Association's Rules and Regulations.|
|Fence/Gate||Generally, landscaping and planting do not require the approval of the Committee if it is compatible with the existing landscape and surroundings. No climbing plants or ivy will be allowed on buildings and chimneys or on the Commons die of fences|
|Fence/Gate||Broken or fallen fences must be repaired or replaced with appearance identical to the original|
|Front Door||All exterior painted surfaces must be properly maintained. This includes all trim and shutters - front, sides, and back. Surfaces should be scraped, cleaned, caulked, and primed as necessary. Painting is required when surfaces begin to peel or face. Wooden surfaces may be capped with protective coverings as long as original design is maintained|
|Front Door||Exterior color changes will be approved only if the proposed color is similar to the colors originally employed in the community. For all but China Grove Court, Martin-Senour Williamsburg exterior paints are the official colors. For China Grove Court, McCormick, Colonial Exterior paints are the official colors. Contact the managing agent or a committee member for assistance with approved colors.|
|Front Yard||Trimming and mulching of trees, hedges and shrubs within the boundary of homeowner's lot are the responsibility of the homeowner|
|Front Yard||Leaves and trash in the front or side yards will be promptly removed by the resident|
|Front Yard||Trash and recycling containers may not be kept in front, or at the sides of, houses or outside fenced yards, except as allowed in the Association's Rules and Regulations|
|Gutters and Downspouts||
All exterior painted surfaces must be properly maintained. This includes all trim and shutters – front, sides, and back. Surfaces should be scraped, cleaned, caulked, and primed as necessary. Painting is required when surfaces begin to peel or fade. Protective covering or capping of wood surfaces may be used as long as original design is maintained.
|Gutters and Downspouts||Missing, fallen, or damaged shutters, roof shingles, gutters, and downspouts must be replaced|
|Handrail||All exterior painted surfaces must be properly maintained. This includes all trim and shutters – front, sides, and back. Surfaces should be scraped, cleaned, caulked, and primed as necessary. Painting is required when surfaces begin to peel or fade. Protective covering or capping of wood surfaces may be used as long as original design is maintained.|
House numbers shall be brass numbers on stained wood or script lettering or numbers above or beside door. Numbers will not be displayed on front doors or storm doors. Numbers may be displayed by end unit owners on the side of the residence which faces the court parking lot or street.
Missing, fallen, or damaged shutters, roof shingles, gutters and down spouts must be replaced
The use of existing shed design and materials is encouraged; however, location, materials, design, size and public exposure will be taken into consideration and will be grounds for approval or denial. New sheds which extend more than six inches above the top of the fence will not be approved.
Exterior color changes will be approved only if the proposed color is similar to the colors originally employed in the community. For all but China Grove Court, Martin-Senour Williamsburg exterior paints are the official colors. For China Grove Court, McCormick Colonial Exterior paints are the official color. Contac the managing agent or a committee member for assistance with approved colors.
|Shutters||Missing, fallen, or damaged shutters, roof shingles, gutters and down spouts must be replaced|
Only the exterior materials existing on the parent structure or compatible with the architectural design character of the community will be approved. Painted aluminum or vinyl coverings may be used for wood window trim, door trim, and roof trim.
Storm doors shall be painted to match the existing doors or to match the predominant trim color of the house. Unpainted aluminum or white doors are not acceptable. Grill work motif storm doors are acceptable.
|Trim/Fascia||Exterior color changes will be approved only if the proposed color is similar to the colors originally employed in the community. For all but China Grove Court, Martin-Senour Williamsburg exterior paints are the official colors. For China Grove Court, McCormick Colonial Exterior paints are the official color. Contac the managing agent or a committee member for assistance with approved colors.|
Changes in walkways require committee approval. Asphalt and gravel walkways are not acceptable. Brick, natural concrete or slate walkways are generally acceptable, depending upon location and size. Painted or covered concrete is not acceptable.
Painted storm windows are acceptable only if painted to match or harmonize with the predominant trim color. Replacement windows may be installed, may be of metal or vinyl design but must have window panes matching the original window configuration. These windows may be white in color.
TENNIS COURT RULES
- The tennis courts are for the use of Franconia Commons residents ONLY. The entrance gate must be kept closed when no players are present on the courts.
- Please observe all rules of proper tennis etiquette and attire while on the court
- Residents may have guests with them. Non-players are not allowed in court area.
|Singles - 1 hour|
|Doubles - 1.5 hours|
- Players may extend use of the court if no other players are waiting
- Children under sixteen (16) must be supervised by an adult when on the tennis courts
- Play allowed only during daylight hours
- Beginning at 6:00 PM, courts are limited to adults (21 years or older), or play including an adult
- TENNIS SHOES ONLY! No one is allowed on the courts without tennis shoes
- No glass containers allowed in court area. Place all refuse in trash containers
- No pets allowed in court area
- No climbing on the fence
- The last players to leave must secure the gate.
DESIGNATION OF PARKING SPACES
- The Board of Directors shall cause the parking spaces to be painted with lines on the paved common grounds per specifications provided by the managing agent. The Board of Directors may, in accordance with applicable laws, revise the parking plan or otherwise act to create additional lined parking spaces on the paved common grounds.
RESERVED PARKING SPACES
- Two parking space designated on the common grounds shall be classified and marked as being reserved with the house number and shall be assigned to any unit as decided by vote of the Board of Directors
- The reserved spaces shall be a space assigned to a specific lot for use by the owner of the lot. It is a violation of this policy for any person other than the owner of the lot to make use of a reserved parking space without the consent of the owner of the lot to which the space is assigned. It is the responsibility of the lot owner to call for towing if an unauthorized vehicle is parked in his/hers reserved space(s). The owner takes full/sole responsibility for towing from their assigned lot spaces.
- Non-assigned parking spaces shall be utilized for temporary use by contractors and/or guests between normal business hours only. Violations in the non-assigned parking spaces are subject for towing by one of the Board of Directors, at the expense of the vehicle owner. We request anyone who observes violations to contact a Board Member or the Management company for possible towing of such violator(s). The board of directors reserves the right for random patrol for parking violations, which violations are subject to be towed. When contract work persons come to your unit for repairs and/or maintenance, request that they use one of your reserved spaces.
RULES PERTAINING TO ASSIGNED PARKING SPACES
- The assignment of reserved parking spaces to lots by the Board of Directors in accordance with Section 2 shall be made without regard to the number of motor vehicles owned by, registered to, or in the possession of the occupants of a dwelling unit.
- The use of a reserved parking space may be further assigned by the owners of a dwelling unit to a lessee of that dwelling unit.
- The Board of Directors shall have the sole authority to assign parking spaces
- No owner or resident of any dwelling unit shall be the holder or assignee of more than two (2) reserved parking space per unit as assigned by the board under this policy.
- Upon the legal conveyance of a dwelling unit from one owner to another, the parking space assigned to a dwelling unit by the Board of Directory shall continue to be reserved for that dwelling unit.
GENERAL PARKING REGULATIONS
- Each unit will be issues two numbered spaces in Franconia Commons by the Board of Directors. Each unit space will be marked with that units’ house number. Each unit must park in their own Reserved Spaces
- Visitors and overnight guests of owners and residents may park either in the assigned space of the unit they are visiting or on a state road. Flat Rock Road, Flat Rock Court, and Fleet Drive are all state owned Roadways.
- All vehicles parked within the bounds of the community must display valid state license plates and must comply with all applicable rules and regulations of the state of registration, including country permits and current state inspection stickers
- No vehicle shall be abandoned in any parking space. Abandoned and/or inoperative (junk) motor vehicles, trailers and semi-trailers are not permitted on residential property. Inoperative means any motor vehicle, trailer or semi-trailer which is not in operating condition, or which for a period of three (3) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle, including wrecked vehicles.
- Motor vehicles shall be parking only in lined parking spaces in accordance with provisions of the preceding paragraphs
- This policy does not pertain to parking along that portion of a state road
- All paved areas within each court not expressly marked for parking are posted and considered a fire lane. Any vehicle parked in a fire lane is subject to immediate towing at the vehicle owner’s expense.
- Parking of any vehicle in any location other than those specified in Section IV (C & D), including non-paved common grounds, non-paved private property, and fire lanes, is expressly forbidden.
- All persons who park motor vehicles in the Franconia Commons community shall position their vehicle as close to the center of the space between the painted lines as possible. Overlapping the painted lines which separate parking spaces or parking at an angle to the curb is expressly forbidden. Head-in parking against all curb areas is recommended for protection of the Association’s grounds and vegetation from exhaust fumes.
- No recreational vehicle (i.e., boat, camper, trailer, motor home, etc.) may be parked in any location within the bounds of the community, including paved and unpaved common grounds, paved private driveways, and unpaved private property.
- No commercial vehicle may be parked in any location within the bounds of the community, including paved and unpaved common grounds, and unpaved private property, except when in use for business purposes. A commercial vehicle is a vehicle of any type which bears any commercial advertising sign, writing or initials; or is used, or obviously intended for use, as a work vehicle, as evidenced by open carriage of pipes, lumber or other material or more than one ladder, tools or other equipment. A vehicle having commercial license plates is a commercial vehicle, but a vehicle need not have commercial license plates to be a commercial vehicle. No such vehicle shall remain parked within the bounds of the community overnight. Any commercial vehicle which has been contracted to enter the community to effect repairs or provide other services may park in any non-assigned space or in a Reserved space, with the permission of the owner during normal daytime business hours.
- No unattended motor vehicle shall be suspended off the ground on blocks or supports of any kind, for either maintenance or storage, within the bounds of the community.
- No items (such as firewood, construction materials, trash, debris, or any other objects) may be stored on the parking areas.
- No person shall, through custom or alleged past practice, establish a right to a space not assigned by the Board of Directors.
- Owners of units whose residents and/or guests violate this policy shall be held liable for any damages to the community caused directly or indirectly by the violation, such damages to include all legal and other costs of enforcement.
- The use of parking areas as a commuter lot or staging area for carpools is expressly forbidden
- Unnumbered space violations should be called into the Association’s management agent
- The Fairfax county police department may be called by any resident to ticket and/or tow a vehicle that is parked in a fire lane or blocking a fire hydrant. They Board of Directors reserves the right to tow from fire lanes via a random patrol
ENGAGEMENT OF TOW SERVICES
- An owner or lessee may engage the approved towing company to remove any unauthorized vehicle which is parked in their reserved spaces. The resident must show a picture identification with Franconia Commons address. Any other violations of this policy should be reported in writing to the Board of Directors or its designee.
- Any owner or lessee who directly engages a tow company to enforce any provision of the Resolution shall bear full and complete responsibility for said action and shall agree to hold the Franconia Commons Homeowners Association, its officers, members of the Board of Directors and management company harmless from any and all liability, costs or fees incurred in defending against any enforcement actions undertaken which were not directly authorized by the Board of Directors or its designee.
- All towing will be at the expense of the vehicle owner
- It is the responsibility of individual owners to comply with this policy and encourage their neighbors to do likewise. Similarly, it is the responsibility of individual owners to report violations of the policy to either the designee of the Board of Directors or the Fairfax Count Police Department as appropriate. The attached Enforcement procedures provide guidelines for the enforcement of this policy.
- The board of directors retains the right to designate to a committee, contractor or any individual the authority to administer or enforce any provision of this policy.
- Upon the consent and request of the disputants, the Board of Directors will act to fairly adjudicate or arbitrate disputes which may arise among owners or residents related to the administration and enforcement of this policy.
- The board of directors reserves the right to withdraw the assignment of a Reserved parking space(s) from any owner who through a pattern of violation of this policy, abuse of the rights of fellow owners and residents, is in violation of any and all architectural inspections or delinquency in the payment of homeowners association assessments, demonstrates that the right to a preferential assigned parking space(s) is not justified
- Invalidation of any of these paragraphs or sections by judgment or court order shall not invalidate any provisions of this Parking Policy
- Respect the plan – With respect to individually assigned spaces, enforcement shall be based upon the reliance of each resident to be a “good neighbor”. Residents are expected to respect the spaces assigned for use by other residents.
- Notify your guests – All residents are responsible for notifying their guests of the parking restrictions at Franconia Commons
- Towing – The Association reserves the right to tow vehicles from Reserved or open spaces for any violation of this policy and to do so at the expense of the vehicle owner.
- A resident has the right to tow an unauthorized vehicle from their Reserved space. Residents are hereby advised, however, that they assume all responsibility associated with towing a vehicle inappropriately. The resident is fully responsible for:
- Calling the tow company and making all arrangements with the tow company, including signing the impound slip
- Notifying the local policy (Section 46.1-551 of the Virginia Code requires that the local police department be notified before a vehicle is removed from private property by towing)
- Providing verification, if requested, of your authority to tow
- Most importantly, assuming all liability in connection with removal of the vehicle
- The only tow company which may be used Is the contractor this is provided by the Association. The telephone number for the contractor currently retained by the Association will be posted on signs within the community.
COURSES OF ACTION
- The violations for which an owner or resident may tow are restricted by paragraph V(C)(1) of the parking policy resolution. Other violations should be reported to the management company. When reporting any violation of the Parking Policy, be prepared to provide, at a minimum, your name, address, and phone number along with the make/model, license plate number and location of the vehicle and the nature of the infraction. Specific courses of action for some common violations are as follows:
WHEN THEN A vehicle is obstructing and/or parked in your Reserved parking space You may contact the management company or you may follow the steps outlined above for calling a towing company and having the vehicle removed. You assume all liability in connection with removal of the vehicle. A vehicle is parked in a fire lane Call the Fairfax County Policy or Fire Department or the designated towing company You notice a commercial vehicle routinely parked overnight in the community Call the management company with the name of the company the vehicle belongs to and other required information A vehicle does not have current state registration information displayed Contact the management company with details. Contact the Fairfax County Police Department You believe a vehicle in a reserved or assigned space is disabled Call the management company with details You notice a parking violation along any public thoroughfare Contact the Fairfax County Police Department
- In accordance with Fairfax County ordinances, dogs are permitted to be without a leash when off the property of their owners. Excessive and continuous noise from a pet will not be allowed and should be constrained. Fairfax County animal control number is (703) 830-1100
- No pet should be allowed to defecate upon the private property of another resident (including front yards), the streets, parking areas, or sidewalks of the community.
- The common grounds of the community may be used for dog walks; however, playgrounds, mailbox and bus stop areas should be avoided.
USE OF COMMON AREAS
- No repair or maintenance of vehicles in the streets, parking areas, or other common areas resulting in extended work, dismantling, disturbance, or cluttering will be allowed. The owner of the car will be held responsible for any damage or spillage caused by repairs thereto.
- The washing of vehicles in the parking areas will be permitted provided all residual trash is removed and all soapsuds are washed down street drains
- A speed limit of 10 m.p.h should be observed within the parking areas and courtyards
- As a safety consideration, playing in the streets is discouraged
- No trash or refuse, including tree or shrubbery cuttings, will be dumped on the common areas.
- No motor-driven vehicles will be driven upon the grassy portions of the common areas.
- Generally, digging, plating, or other alteration of the common areas, campfires, and barbecues are prohibited. Exceptions will be permitted only by written authorization of the Board of Directors or appropriate committee.
- Bicycles, tricycles, wagons, carts, and other playthings should be removed from walkways and other common areas during all hours of darkness or when not in use
- No skateboarding or playing is allowed in the storm drainage ditch. Trespassers will be prosecuted. Residents should call Police if you see them. (703-691-2131)
MAINTAINING OR PERMITTING A NUISANCE
- Noise – Loud automobiles, motorcycles, or other vehicles will not be permitted on the streets and common areas of the community. Loud parties, music, or other noise should be avoided. The Fairfax County noise ordinance must be observed at all times. (Hour of 11:00 PM)
- Vehicles – No unlicensed, inoperable, abandoned, or junked vehicles will be permitted on the streets, parking or common areas.
- Trash Accumulation – Substances which generate obnoxious or offensive odors should be removed from the resident’s property or enclosed within a suitable container as soon as possible. Trash, refuse, garbage, or rubbish will not be allowed to accumulate or remain outside a proper container upon the homeowners property
- Trash Pickup – Trash containers, except plastic bags, will not be put out for collection earlier than the evening before collection day. Trash in plastic bag will only be put out the morning of collection.
- Pests – Homeowner’s property must be kept free of rats, roaches, mice, termites or other vermin.
- Yard Sales – One or twice each year, as determined by resident interest, a group yard sale will be conducted in one of the common areas of Franconia Commons. This event is for all Franconia Commons resident participation. Other individual or group yard sales, moving sales or similar activities and the advertising or promotion of such activities are prohibited within Franconia Commons.
- Violations of any of the above provisions should be reported to a member of the Board of Directors or managing agent. The Board will take the necessary and appropriate action to insure compliance with these provisions. Such action may include, but is not limited to:
- Notification to the person in violation requesting compliance
- Suspension of Association privileges until compliance
- Pursuant to the covenants and By-Laws of the Association, entering upon the property of a homeowner to obtain compliance with these provisions at the expense of the homeowner.
- Soliciting the assistance of the appropriate governmental agency to enforce whatever ordinances or laws may have also been violated.
- Bringing suit in a court of law or equity to insure compliance by the homeowner of his contractual obligations
The Federal Telecommunications Act of 1996 contains provisions that void certain Franconia Commons covenants prohibiting antennas.
ANTENNA SIZE AND TYPE
- Antennas that are designed to receive direct broadcast satellite service (DBS) or multi point distribution services (MDS) that are one meter (39 inches) or less in diameter are permitted. Larger antennas are prohibited.
- Antennas designed to receive television broadcast signals, regardless of size, may be installed.
- All other antennas not covered by the FCC rule, including transmission only antennas, are prohibited.
- Mounted directly on the rear of the house, on a roof plane facing the rear, or on the back side of a chimney
- Mounted on the ground in the rear yard
- Mounted on a pole, an existing other structure, or a tree in the rear yard
- If no acceptable quality signal is received from the above locations, it may be mounted on the ground, or if necessary on a pole in the front yard or on the front plane of the house.
- Antennas shall be installed solely on individually owned property as designated on the recorded deed. The shall not encroach on common areas or any other owner’s property
- If acceptable quality signals may be received by placing antennas inside a dwelling, without unreasonable delay or unreasonable cost increase, then outdoor installation may be prohibited.
- To the extend feasible, antennas should not be visible from the street or from other lots.
- Preferred locations, in order of preference are:
- Antenna shall be no larger nor installed higher than is absolutely necessary for reception of an acceptable quality signal
- Owners are responsible for all costs associated with the antenna. They are responsible for repairing damages to common property, other lots, or any other property damaged by antenna installation, maintenance, or use
- Antennas must be secured so that they do no jeopardize the soundness or safety of any other owner’s structure or the safety of any person at or near antennas, including damage from the wind velocity based upon a unique location
MAINTENANCE AND SAFETY
- Owners shall not permit their antennas to fall into disrepair or to become safety hazards. They shall be responsible for repainting or replacement if the exterior surface of antennas deteriorates.
- In order to prevent electrical and fire damage, antennas shall be permanently and effectively grounded.
APPEARANCE AND SCREENING
- The visibility of antennas shall be minimized by screening the antenna from view from the street with natural plantings, trees, and shrubs to the extent that they do not compromise the signal reception
- Antennas shall be of a dark or muted color or shall be painted a muted color to blend with the background or with the natural landscape
- Antennas in back yards may not extend beyond a fence unless no acceptable quality signal may be received from this location
- No more than one antenna of each provider may be installed by an owner.
- An owner desiring to install an antenna must complete a notification form and submit it to the Architectural Committee via the Property Manager. If the installation is routing (conforms to above regulations) installation may begin immediately.
- If the installation is other than routine for any reason, owners and a representative of the Architectural Committee must establish a mutually convenient time to meet to discuss the installation methods.
- Tenants may install antennas in accordance with these rules and with written permission of the homeowner. A copy of this permission must be furnished with the notification statement.
NO ADDITIONAL REGULATION BY THE ASSOCIATION
- Antennas that meet the requirements of this section may not be further regulation by the Association as to type or placement. Residents are encouraged to use care in the selection and placement of antennas to preserve the appearance standards and natural character of Franconia Commons.