MASON'S PASSAGE HOMEOWNERS ASSOCIATION, INC.
POLICY RESOLUTION No. 01-2005
WHEREAS, Article V of the Bylaws of Mason's Passage Homeowners Association, Inc. ("Bylaws") provide the Board of Directors with the powers and duties necessary for the administration of the affairs of the Mason's Passage Homeowners Association ("Association");
WHEREAS, Article VII, Section 1 of the Bylaws provides the Board of Directors with the power and duty to adopt, make, and amend rules and regulation deemed necessary for the benefit and enjoyment of the Association;
WHEREAS, the Declaration obligates each member of the Association to comply with the rules and regulations promulgated by the Board; and
WHEREAS, the Board has determined that it is in the Association's best interest to develop rules and regulations regarding parking on the Property. NOW, THEREFORE, BE IT RESOLVED THAT the following rules are adopted with respect to parking on all areas of the Property.
I. UNAPPROVED VEHICLES The following described vehicles shall be prohibited from parking at any time in the Mason's Passage community except when picking up or delivering passengers or merchandise or during the performance of work or services at the location:
A.Commercial Vehicles. Any commercial vehicle, including the following:
1. Any vehicle in which the driver is ordinarily hired for transport, including, but not limited to, taxis, limousines, or buses; or
2. Any vehicle with uncovered exterior logos, signs, letters, numbers, advertising, or irregular and distinct coloring which creates the appearance of a commercial vehicle, or
3. Any unmarked vehicle with commercial paraphernalia or equipment attached, strapped, or affixed to the exterior of the vehicle, including, but not limited to, storage containers, racks, ladders, pipes; or
4. Any unmarked vehicle with an excessive amount of commercial equipment or supplies within the interior of the vehicle which is in obvious plain view from another parking space or from the sidewalk, including, but not limited to, pesticide, paint buckets, propane tanks, cabling, uncovered or unsecured tools or other supplies; or
5. Any unmarked vehicle, which because of its irregular height, length, shape, or weight, is not a conventional private passenger vehicle and is more suited for a commercial purpose.
6. The strict prohibition against commercial vehicles shall not apply if the resident covers the commercial vehicle (or that portion of the vehicle which has commercial vehicle characteristics) at all times while parked within the community and the vehicle is then indistinguishable from a conventional passenger vehicle under cover; however, those commercial vehicles, which because of their irregular height, length, shape, weight, or exterior attachments, cannot be made to look indistinguishable from a conventional passenger vehicle under cover shall still be prohibited, regardless of whether the vehicle is covered.
7. Police cars or other cars which are owned by or contain the logo of a County emergency service provider shall not be considered a commercial vehicle under this definition.
B. Recreational Vehicles. Any boat, boat trailer, motor home, self-contained camper, mobile home, trailer, pop-up camper/tent trailer, horse trailer or similarly oriented vehicle. Private or public school or church buses are unapproved vehicle under both this section and the commercial vehicle section.
C. Inoperative Vehicles. Any vehicle with a malfunction of an essential part required for the legal operation of the vehicle or which is partially or totally disassembled by the removal of tires, wheels, engine, or other essential parts required for legal operation of the vehicle.
D. Abandoned Vehicles. Any vehicle left unmoved in an unassigned parking space for more than 14 consecutive days, unless the owner provides written notice to the Board in advance that he or she will be away and unable to move the vehicle for a period greater than 14 days. In cases where a violation is committed, a notice will be placed on the vehicle, and if no response is received within seven (7) days, it will be subject to the Association's towing policy.
E. Other Equipment and Machinery. Any agricultural, industrial, construction or similar machinery or equipment.
II. RULES AND REGULATIONS
A. Guest Parking Spaces. These parking spaces may be used by guests or residents but must have Mason' Passage Parking Permit displayed. (See below III A. 1).
B. Recreational and Commercial. No recreational or commercial vehicles as described above shall be parked in the Mason's Passage community.
C. Repairs. Major repairs or maintenance to vehicles, painting of vehicles, or the drainage of automobile fluids is not permitted anywhere in the Mason's Passage community, except for minor repairs or maintenance, such as repairing a flat tire or re-charging of a dead battery.
D. Dumping of Materials. The dumping, disposal or leakage of oil, grease, or any other chemical residual substance or particles is prohibited.
E. Owners and Operator's Responsibilities.
1. Homeowner's vehicles shall only be parked in a garage and or driveway.
2. Parking is prohibited on the grass at Mason's Passage, including the grass of the common areas and individual lots. No parking shall be permitted other than on the existing paved driveway or designated spaces within common areas. Cars parked in driveways shall be parked in such a manner as to not impede sidewalks or extend beyond driveways.
3. Vehicles shall not be parked in fire lanes, impede the normal flow of traffic, block any sidewalk or mailbox, extend into the street, or prevent ingress and egress of any other vehicle to adjacent parking spaces or the open roadway.
4. No vehicle shall be parked perpendicular to driveways in such a way as the vehicle extends into the street.
5. The operation of motorized vehicles in the Mason's Passage community shall be restricted to paved roadways and ingress and egress via driveways.
6. No person shall operate a motorized vehicle in the Mason's Passage community without a proper operating license and required safety regulated equipment, such as a helmet.
7. If a vehicle's security system interferes with the right of quiet enjoyment of the community for more than fifteen (15) uninterrupted minutes, the vehicle is in violation of the Association's regulations and subject to removal through towing.
8. Garages shall not be converted into living spaces or to any other use inconsistent with the parking of vehicles.
F. Homeowner's Responsibilities. All Homeowners are responsible for ensuring that their family members, employees, visitors, guests, tenants and agents observe and comply with all rules and regulations as may be adopted by the Board of Directors.
A. In General.
1. All Homeowners will be issued one Mason's Passage Guest Parking tag, not to exceed one per residence. The Mason's Passage Guest Parking tag must be made visible at all times, by hanging from rear view mirror or placed on dashboard, in any vehicle parked in a designated guest parking space. Any previously issued Mason's Passage tag or sticker is not valid and can not be used in place of or in addition to the above mentioned Mason's Passage Guest Parking tag. Replacement guest tags will be available at a cost of two-hundred fifty dollars ($250.00).
2. Vehicle Removal. The Board of Directors shall have the authority to have any vehicle not in compliance with the provisions of the Resolution removed from the Association Property. This authority may be delegated to the Management Agent of the Association. All costs and risks of towing and impoundment shall be the sole responsibility of the vehicle's owner.
3. Violation Subject to Immediate Action. Any vehicle (a) parked in a designated fire lane, (b) sidewalk, (c) impeding access to sidewalk ramps or mailboxes, (d) extending into street, (e) constituting a safety hazard, (f) whose security system has been triggered and left unattended for more than fifteen (15) minutes, shall be subject to immediate removal without notification to the owner of the vehicle.
4. The Association reserves the right to exercise all other powers and remedies provided by the Association's governing documents or the laws of the state of Virginia and Fairfax County.
5. Citation Notices. In the case of all other situations not addressed in this policy, the Board or its designated representative shall post a citation notice on any vehicle not in compliance with the rules and regulations of the Association. No other form of notice is required. If the owner of the vehicle does not bring the vehicle into compliance within seven days of the date of the notice or contact a member of the Board, the vehicle will be subject to removal by towing.
6. Subsequent violations committed within any consecutive three (3) month period shall subject the violating vehicle to immediate towing without notification and may result in the suspension of parking privileges.
7. Any requests from Owners for enforcement of this parking policy by the Association against another resident must be directed to the Board in writing.
8. The Board reserves the right and power to impose monetary charges as a sanction for violations of this parking policy. Before any such charge may be imposed, the Board shall provide the Owner with notice of the violation and an opportunity to request a hearing before the Board of Directors. The Board reserves the power to impose a monetary charge of $50 for a single offense or $10 per day for an offense of a continuing nature. Any monetary charges so imposed may be secured by a lien against the Owner's title in accordance with the provisions of Virginia Code Section 55-516.
9. The Association reserves the right to exercise all other powers and remedies provided by the Association's governing documents or the laws of Virginia and Fairfax County.
B. Attorneys' Fees and Costs. If the Association must enforce this resolution through any form of legal action, the offending Owner shall be responsible for all expense and/or attorneys' fees incurred by the Association in enforcing the provisions of this Resolution.
1. The Association assumes no responsibility for and disclaims responsibility for any damage to any vehicle parked or operated in the Mason's Passage community.
2. Homeowners shall be held liable for any expenses incurred by the Association as a result of any damage done to the common areas by the use, repair or maintenance of their vehicle, or as a result of negligence, whether on the part of the homeowner, his family, tenants, guests or agents.
3. Any exceptions or changes to the above policy must be approved in writing by the Board of Directors of the Mason's Passage Homeowners Association, Inc.
IV. REPEAL OF PRIOR POLICIES
The rules and regulations set forth in this policy resolution supersede and replace all rules and regulations set forth in any prior parking policy.
V. EFFECTIVE DATE
The rules and regulations set forth in this policy resolution are effective as of October 5, 2005. MASON'S PASSAGE HOMEOWNERS ASSOCIATION, INC.
By: Justin Karlinchak, President
© 2007 Mason's Passage Homeowners Association® Lorton, VA
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