Oak Spring Cluster

Board of Directors

Keith Whitney president@oakspringway.com

Michael Millett treasurer@oakspringway.com

Linda Stevens secretary@oakspringway.com

General Information

The Oak Spring Cluster Association shall employ a good neighbor policy for all interactions between its members and as the guiding policy for all decisions made by its Board of Directors. Community living, by the nature of the close proximity of neighbors, creates greater interaction between neighbors, which can lead to inadvertent conflict. The intent of these rules and regulations is to promote Oak Spring cluster as a close-knit community by mitigating potential areas of conflict between members.

Community living also provides the opportunity to establish close personal relationships with several neighbors. Get to know your neighbor and ask when you can be of assistance; they may be able to help you later. Please be considerate of your neighbor, they may not tell you when your imposition offends them.

External Appearance of Property

The Reston Deed of Dedication includes protective Covenants designed to prevent the deterioration of neighborhoods and property values by maintaining high aesthetic standards, preserving design integrity, and encouraging environmental excellence. These objectives are accomplished through the design review system defined in the Deed and in Reston Association’s Bylaws and procedures. Property owners who want to change the external appearance of their property must first obtain approval from the Design Review Board (DRB) of the Reston Association.

Contact the Board of Directors or the Reston Association Member Relations staff for assistance in preparing applications.

The following is a partial list of projects requiring approval:

Decks
Patios
Sheds
Fences
Attic fans or roof ventilators
Skylights
Changing color scheme of trim or doors
Installation of storm doors or windows
Replacement of exterior fixtures (lights, numbers)
Including alterations

In addition to the Reston Association Design Guidelines, the following guidelines apply to the Oak Spring Cluster.

COMMON GROUNDS

The Board of Directors is responsible for obtaining services for the maintenance of common grounds, including the parking lots, trees, lighting and landscaping.

Lawns

In order to maintain a consistent standard for lawn care, the Board of Directors has arranged for the landscaping company maintaining the common area to maintain the visual appearance of the cluster. Specific details of this contract is published on the cluster website.

Homeowners will be responsible for the maintenance and weeding of the bedding areas on their property.

Trees and Planting

Homeowners are required to submit to the Board of Directors a request to modify any existing plantings or add or delete any plantings on common grounds.

Not all trees and plantings are suitable for this area or consistent with the existing landscape. Therefore, no invasive plants according to National Park Services guidelines must be introduced within the cluster, neither on common nor on private property. (http://www.nps.gov/plants/alien/pubs/midatlantic/)

Any tree removal on private property must be approved by the Board of Directors. Trees on common grounds can only be removed by order from the Board of Directors. Any homeowner that wishes to request such removal must do so in writing to the Board of Directors.

Snow

The Board of Directors is responsible for obtaining snow plowing services to clear cluster streets. Homeowners are responsible for shoveling the sidewalks in front of their homes as well as walk- and driveways.

HOMES

Townhouse siding, trim, fences, and decks must be well maintained and homeowners must make all necessary repairs or replacements. Painted surfaces must be free of chipping or extensive cracking. No algae, moss, or mildew on exterior structures should be visible from the street or common areas.

Fire prevention

All units are required to be equipped with at least one smoke alarm per floor as mandated by Fairfax County Fire and Rescue. Each smoke detector should be tested and cleaned monthly, and batteries should be changed annually. In addition, it’s strongly recommended for each unit to be equipped with one or more multi-purpose fire extinguishers. The Office of the Fire Marshal recommends placing the extinguisher near, but not in, the kitchen.

Fairfax County Fire and Rescue Department will perform a fire safety inspection of your home free of charge. They can be contacted on 703-246-3801. More information on fire prevention can be found athttp://www.fairfaxcounty.gov/fr/.

Paint

Paint scheme for siding, trim and decks must be in accordance with cluster standards. No two adjacent units must have the same siding/door color scheme.

Outdoor lighting

All outdoor lighting (lamp posts, garage- and porch lights) shall be kept in working order by the homeowner. Light posts should be well maintained and free from insect/bird holes. Non-functional fixtures should be repaired within a reasonable time frame.

Outside Storage

Lawn equipment, ladders or other unsightly matter should not be stored in plain sight or in sight of a common area.

Window Treatment

No covering may be placed over the exterior of any window. Glass door or screen replacements should match the original door or screen.

Roofs

Owners are responsible for replacing missing roof tiles, other roof covering, or gutters if damaged or lost, within a reasonable period of time.

House numbering

All townhomes shall have visible house numbering consistent in appearance with cluster standards.

Signs

A single “for sale” or “for rent” sign may be displayed on the individual homeowner’s property. Signs should not be placed on common grounds; however, temporary open house signs are permitted at the entrance to the property but should be removed after the open house is complete. All signs should be removed within one week of a transaction’s completion. No sign may be attached to posts, trees or other structures within the cluster.

Refuse and Debris

Storage or disposal of refuse or debris on common areas is prohibited. Storage of refuse and debris exposed to view is prohibited on any other part of the property, except for temporary placement of such refuse awaiting pickup.

In determining what is refuse and debris, the Board of Directors or the Reston Association Covenants Committee will, among other things, be guided by the following:

Items not designed and/or intended for outdoor use, such as, but not limited to, indoor furniture, rugs, mattresses, appliances, clothing, and electronic equipment, are considered refuse and debris if exposed to view on the property, unless awaiting pickup within 12 hours.
Items designed for outdoor use but not functioning for their designed purpose due to deterioration, disrepair, missing elements, or damage and destruction, including vehicles as defined below, are considered refuse and debris if exposed to view on the property, unless awaiting pickup within 12 hours or repair efforts have been or will be initiated and completed within a reasonable time period.
Any other items broken or unserviceable such as, but not limited to, bags of garbage, leaves, cans, newspapers, trash; cardboard boxes; plastic sheeting; unstacked firewood, lumber, and building materials; Christmas trees, tree limbs and other plant cuttings; loose cans, paper and plastic trash; cut trees not in usable fireplace and stove sizes are considered refuse and debris if exposed to view on the property, unless awaiting pickup within 12 hours.
Usable lumber and building materials that are neatly stacked and covered (as appropriate), and that are stored no longer than six months in a rear yard or, when currently being used, in other locations, and stacked, appropriately sized firewood are not considered refuse and debris.
“Exposed to view on the property” shall include areas inside property fences if these areas can be viewed from neighboring property including upper story decks and windows or by passersby.

TRASH RULES

Trash can be an unsightly problem. Birds and animals can tear open bags and spread trash around the cluster and individual property. The problem is easily avoided by using proper covered containers.

Placement

Trash pickup days are Monday and Thursday mornings with recycling pickup on Mondays only. Trash should be placed at curbside either after dark on the night before or the morning of the pickup day. Do not place trash where it is obscured from the view of the trash collector.

Trash Cans

Trash cans with lids shall be used except for extraordinary or bulky waste. If trash is spilled, residents should clean it up as soon as possible. Trash cans must be stored away from public view.

Trash Can Removal

Empty trash cans and recycling bins must be removed from curbside on the same day as trash collection.

Recycling

Recyclables shall be placed in recycling bins provided by the trash removal company in accordance with instruction from the company.

Christmas Trees

Under no circumstances should Christmas trees be disposed of on cluster common grounds or the adjacent woods. The trash removal company advertise specific pick up dates after Christmas. Recycling is strongly encouraged. Watch local newspapers for ads or articles about tree recycling into mulch.

PARKING AND DRIVING RULES

There are a limited number of parking spaces in Oak Spring Cluster. The rules in this section reflect residents concern about space availability throughout the cluster. Only approved vehicles (see below) are permitted for overnight parking on the cluster. Vehicles not in compliance with below regulations may be subject to removal at the owner’s expense without prior notice. A resident who repeatedly violates these parking and driving regulations faces a potential loss of the right to operate motor vehicles on Cluster common property, including the right to have an assigned parking space.

Approved vehicles

Any conventional passenger car, motorcycle, truck or van of less than 5,000 pounds gross weight, not to exceed 17 feet and not defined as an unapproved vehicle.

Unapproved vehicles

Commercial vehicles

Any vehicle included in the commercial vehicle definition in Fairfax County Zoning Ordinance §82-5-7.
Any vehicle with a gross weight of 5,000 pounds or more, or any vehicle that extends beyond 17 feet (the average length of a standard parking space) and/or exceeds 85% of the width of the parking space (the area between the inside of two white curb separator lines).
Any “for hire” vehicle or vehicle that has permanent or temporary commercial signs, lettering or advertising, and/or commercial equipment visible from or on the exterior, or any vehicle used for or intended for use as a commercial vehicle. Commercial equipment includes, but is not limited to, racks, pipes, ladders, fuel tanks, buckets and tools.

Inoperable vehicles

Any vehicle with a malfunction of an essential part required for the legal operation of the vehicle or that is partially or totally disassembled by the removal of tires, wheels, engine or other essential part required for legal operation.

Unregistered vehicles

Any vehicle that does not have a current license plate, a valid state inspection sticker and a current Fairfax county sticker visibly displayed.

Recreational vehicle

Includes, but is not limited to, any boat, boat trailer, motor home, trail bike, dune buggy, all-terrain vehicle, go-cart, moped, snowmobile, self-contained camper, mobile home, trailer, pop-up camper/tent camper, horse trailer or similar vehicle.

Equipment and machinery

Includes, but is not limited to, any vehicle primarily used for agricultural, industrial or construction purpose.

Assigned parking

Homeowners with garage are to utilize their garages for one approved vehicle and park a possible second approved vehicle in their driveway. Homeowners without garage are to utilize their two assigned parking spaces.

Guest Spaces

These spaces are for temporary use of guests only. Usage is limited to 1 week per calendar year. Additional usage may be granted by the Board of Directors. If a resident has many temporary guests, the resident should ask them to park near the cluster entrance on North Shore Drive.

The guest spaces are not for the use of residents. Residents with a need for additional parking are advised to make arrangements with a neighbor with surplus parking to rent an additional parking space. The Board shall be notified of such an arrangement within 30 days of the agreement.

Curbside Parking

Parking vehicles along the curbs is not permitted; these are all fire lanes as required by the Office of the Fire Marshal (marked with yellow curb) and must be clear at all times.

Parking space usage

No parking space shall be used to store any vehicle or items, including but not limited to, building supplies, lumber, and paint. (With the exception of PODs as defined below)

Abandoned Vehicles

Vehicles parked on cluster property (in driveways, assigned parking spaces, or visitor parking) which have not been moved for three weeks or more will be presumed to be inoperable and therefore in violation of the parking regulations. Residents who plan to be away for longer than three weeks should notify the board in writing of the dates.

Vehicle Repairs

Repairs or routine maintenance may be performed on cluster property if the project can be completed in 24 hours. Vehicles may not be left on blocks unattended at any time. Used oil must be contained and should be either recycled or disposed of properly (many service stations accept used oil). To save Reston’s lakes, no oil, antifreeze, or other lubricants may be drained onto the parking lot (storm drains empty into the lake systems). Use of low phosphate detergents in washing cars is encouraged.

Nuisance vehicles

Vehicles that are a hazard or a nuisance by noise, exhaust emission, fluid discharge, appearance or otherwise, or are operated in a manner that disturbs residents may not be stored, operated or parked in any parking space or common area.

PODs

A POD is a “Portable On-Demand storage” designed to facilitate the storage of excess materials or household goods in the act of moving into or out of the community.

A resident may place one POD in one (1) of his reserved parking spaces, not to exceed the boundaries of said parking space, for a period of no more than 72 hours per calendar year.

Speed Limits

The speed limit in the cluster is 15 miles per hour. Those drivers who repeatedly violate this rule should be reported to the Board of Directors.

Common Grounds

Vehicles should not be driven over curbs or on cluster common grounds. Public utility vehicles, which are entitled to right of ways, are excluded from this rule. Special exceptions to this rule may be granted by the Board of Directors.

CHILD SAFETY GUIDELINES

The safety of children should be a primary concern of all adults who live in the cluster. Parents are ultimately responsible for the actions of their children, but other adults should not hesitate to act where safety or detrimental behavior is a concern.

Property Damage

Children should be instructed not to damage, destroy, or deface common or individually owned property.

Toy Storage

Children should be told not to leave bikes or other toys in common areas, in streets, or on sidewalks. For appearance sake, bikes or other toys should not be left overnight in plain sight or in sight of the common areas.

Sporting/recreational equipment

Basketball hoops, standards, and other sporting equipment may not be permanently mounted on the exterior of any structure or permanently installed in a front or side yard or a driveway.

Street Play

Children should be discouraged from playing in the streets of the cluster, especially when traffic is heavy.

PET CONTROL RULES

Pets entail special responsibilities in a group living environment such as Oak Spring cluster. Excrement left on individual yards or common grounds is a health hazard to children and is inconsiderate to the other residents of the cluster. It will also ultimately end up in the local waterways. Enforcement of Fairfax County Animal Control Ordinance is performed by the County Department of Animal Control or the County Police Department. Read the complete animal control act on the Fairfax County ordinances, chapter 41.1.

Leash Law

According to Fairfax County leash laws, all dogs or pets must be on leashes at all times.

License and vaccination

Residents are to have their pet(s) licensed and vaccinated consistent with Fairfax County ordinances and requirements.

Pet waste

According to Fairfax county law, dog owners/handlers should immediately clean up any waste after their dogs both on individual yards and common grounds.

Nuisance

Residents shall take all reasonable measures to prevent their pet(s) from being a nuisance by (without limitation): running loose, getting into garbage, disturbing lawns or flower beds. The Fairfax County Nuisance Noise Ordinance specifically prohibits owning or keeping any animal, which frequently and habitually makes noise that is “plainly audible across property boundaries or through partitions common to (2) persons within a building”

RENTAL PROPERTY RULES

Tenants of rental properties are expected to know and adhere to the rules and regulations of the cluster. Owners are responsible for the actions of their tenants and guests.

Lease Filing

All leases must be filed with the Board of Directors within 15 days of ratification of a contract.

Rules and Leases

All renters must be given a complete and current set of both the Oak Spring cluster rules and regulations and the Reston Association rules and Design Guidelines. These are available from the Board of Directors.

RULES FOR USE OF COMMON GROUNDS

Oak Spring cluster association owns much of the land behind the cluster, slopes behind many of the homes, parking lot islands, tot-lot and other common areas. Residents are encouraged to keep those and other areas around the cluster free of litter.

Yard Sales

The common grounds must not be used for yard sales or any other activity that could result in damage to lawns of cluster property without prior approval of the board or directors. Individual residents may have yard sales on their property, but must obey sign and parking rules are specified in this document.

Parties

Large gatherings or parties on the common grounds without the approval of the Board of Directors are not permitted.

ASSESSMENTS

Dues are paid quarterly in equal amounts on the first day of January, April, July, and October. If full payment of an account’s balance is not received by the due date, the account will be considered delinquent. A late fee plus interest shall be assessed on any delinquent account on the first day after the account has been deemed delinquent.

In addition, the costs, including attorney’s fees and court costs, of collecting delinquent dues and assessments will be charged to the property owner as provided for in the Reston Association Deed of Dedication.

ENFORCEMENT OF RULES AND REGULATIONS

Enforcement Policy

The Oak Spring Board of Directors is responsible for the enforcement of all cluster rules and regulations, however, design guidelines are also enforceable by the Reston Association to which all homeowners belong.

Notification of Board of Directors

If a resident wishes to notify the Board of Directors of a rules violation, please write to a member of the board stating the offense. The resident should sign the letter so that he or she can be notified of the action taken by the board.

Enforcement Authority

The Virginia Property Owner’s Association Act, effective July 1, 1991, title 55-513 B. states:

The Board of Directors of the association shall also have the power, except where expressly prohibited by the declaration, to assess charges against any member for any violation or the declarations or rules and regulations for which the member or his family members, tenants, guests, or other invitees are responsible. Before any such charges may be assessed, the member shall be given an opportunity to be heard and to be represented by counsel before the Board of Directors or other tribunal specified in the documents.

Notice of a hearing shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association at least fourteen days prior to the hearing. The amount of any charges so assessed shall not exceed fifty dollars for a single offense or ten dollars per day for an offense of a continuing nature and shall be treated as an assessment against the member’s lot for the purposes of 55-516 [Lien for assessments].