HERNDON WOODS

 

HOMEOWNERS ASSOCIATION HANDBOOK - March 1992

(Revised July 1995)

(Revised August 2002)

(Revised November 2014)

(Revised October 2016)

 

 

TABLE OF CONTENTS

 

I. OBJECTIVES

 

II. INTRODUCTION

 

III. ARCHITECTURAL MODIFICATIONS REQUIRING COMMITTEE APPROVAL

 

IV. ARCHITECTURAL SUBMISSIONS FORMAT

 

V. ARCHITECTURAL CONTROL COMMITTEE (ACC) REVIEW CRITERIA

 

VI. ENFORCEMENT PROCEDURES

 

VII. GUIDELINES

1. Fences

2. Storage Sheds

3. Patios & Decks

4. Trellises/Arbors/Privacy Screens

5. Storm doors and Windows

6. Sun Control Devices

7. Recreation & Play Equipment

8. Major Exterior Changes

9. Antennas and Satellite Dishes

10. Dog Houses & Runs

11. Exterior Decorative Objects

12. Electric Insect Traps

13. Exterior Paintings

14. Flag Poles

15. Barbecue Grills

16. Compost Piles

17. Hot Tubs

18. Exterior Unit Air Conditioners

19. Clotheslines

20. Gutters & Downspouts

21. Attic Ventilators

22. Mailboxes

23. Trash Cans and Recycling Bins

24. Firewood

25. Real Estate Sales/Rent and Misc. Signs

26. Solar Panels

27. Landscaping & Vegetable Gardens

28. In-Home Businesses

29. Outside Lighting

30. Pools

 

VIII. GENERAL MAINTENANCE GUIDELINES

1. Exterior Appearance

2. Mowing

3. Lawn & Garden Tools

4. Lawn & Garden Fertilization

5. Trash Removal

6. Erosion Control

7. Pesticides and Herbicides

 

IX. PET CONTROL

 

X. VEHICLE CONTROL

General

A. Common Area Parking

B. Parking on Private Property

C. Operation of Vehicles

D. Maintenance of Vehicles and Parking Areas

 

XI. ESTOPPEL CERTIFICATES

 

 

HERNDON WOODS HOMEOWNERS ASSOCIATION HANDBOOK

 

I. OBJECTIVES

 

The overall objective of this document is to serve as a guide to both the members of the Architectural Control Committee and homeowners in maintaining and enhancing a carefully designed environment. These guidelines and standards address improvements for which homeowners will most often submit applications to the Architectural Control Committee. They are not intended to be all-inclusive or exclusive, but rather serve as a guide to what improvements may be made in the community.

 

The specific objectives of this booklet are:

 

- To provide uniform guidelines to be used by the Architectural Control Committee in reviewing applications in light of the goals set forth in the Founding Documents of your community and the actions of the Board of Directors.

 

- To assist homeowners in preparing an acceptable application to the Architectural Control Committee.

 

- To increase homeowners' awareness and understanding of the Declaration of Covenants, Conditions and Restrictions.

 

- To describe the organization and procedures involved with the architectural standards established by the Declaration of Covenants, Conditions & Restrictions.

 

- To illustrate basic design principles which will aid homeowners in developing exterior improvements that are in harmony with the immediate neighborhood and community as a whole.

 

 

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II. INTRODUCTION

 

All residents benefit from the planning and design that have been an important part of the development of your community.

 

The purpose of design controls is to assure residents that the standards of design quality will be maintained. This, in turn, protects property values and enhances the community's overall environment. This booklet is designed to address exterior alterations made by homeowners to their property.

 

Declaration of Covenants, Conditions and Restrictions

The authority for maintaining the quality of design in the community is founded in the Declaration of Covenants, Conditions and Restrictions, which are a part of the deed to every property. The covenants establish both a Homeowners Association and the Architectural Control Committee.

 

As a homeowner, you should have received a copy of the Declaration of Covenants, Conditions and Restrictions in the homeowner's document package at settlement or before. These Covenants "run with the land", and are binding on all homeowners current and future. These covenants should be fully understood by each homeowner. A complete list of documents will be periodically distributed to all homeowners when revised.

 

 

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III. ARCHITECTURAL MODIFICATIONS REQUIRING COMMITTEE APPROVAL

 

All exterior alterations require the approval of the Architectural Control Committee and Town of Herndon Building Codes.

 

Architectural Modifications Requiring Architectural Control Committee Approval

No improvements, alterations, repairs, change of paint colors, excavations, changes in grade or other work which in any way alters the exterior of any Lot or Common area or the improvements located thereon from its natural or improved state, existing on the date such property was first subject to this Declaration shall be made or done without the prior approval of the Architectural Control Committee. No building, residence or other structure, fence, wall or landscaping in lieu thereof, shall be commenced, erected, maintained, improved, altered, made or done on such property without the prior written approval of the Architectural Control Committee. This paragraph explicitly states that any change, permanent or temporary, to the exterior appearance of one's property must be approved by the Architectural Control Committee. Further, once a plan is approved it must be followed or a modification must be approved by the Architectural Control Committee.

 

Each application is reviewed on an individual basis. There are not any "automatic" approvals, unless provided for specifically in these guidelines. For example, a homeowner who wishes to construct a deck or fence identical to one already approved by the Architectural Control Committee is still required to submit an application. The one exception involves structures such as decks which are offered as builder options and are shown on original site plans. These structures, if built to exact option specifications, have already been approved by the Architectural Control Committee and therefore do not require an application.

 

 

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IV. ARCHITECTURAL SUBMISSIONS FORMAT

 

A sample of the form which must be used in applying for approvals is attached at Exhibit “A”. Generally, the following items should be a part of every application.

 

Site Plan

A site plan is most easily prepared by submitting a copy of the house location plat. Proposed changes should be indicated including dimensions and distances from adjacent property and houses.

 

Material and Color

Samples of the materials and colors to be used and an indication of the existing colors and materials should be provided. Where materials and/or colors are compatible but different from those of the existing structures, samples of color chips should be submitted for clarity.

 

Drawings and Photographs

At the Architectural Committee's request, a graphic description shall be provided, and may be in the form of manufacturer's literature or photographs as well as freehand or mechanical drawings. The amount of detail should be consistent with the complexity of the proposal. Relationships of major architectural features such as existing and proposed roof lines, window sizes and alignment, building heights, roof slopes, exterior elevations for proposed structure, and if appropriate, plans or provisions for landscaping or grading, etc., should be shown as they affect the applicant's house, and in the case of attached houses, as they relate to adjacent houses. In any case, the sketch or photograph should be accompanied by a written description.

 

Review Procedures

All applications should be submitted to the Architectural Control Committee. The application will be reviewed for completeness. If the application is complete the review process may begin. If not, the application will be returned to the homeowner for additional information. The Architectural Control Committee has thirty (30) days to review a completed application. The decision of the Architectural Control Committee will be sent by letter to the applicant's address. Failure to receive written notification within thirty (30) days does not in itself constitute automatic approval.  The homeowner must contact the managing agent regarding the status of the request. In any event, the committee will also send a written response to all requests within 30 days of receipt.

 

Appeal of an Architectural Control Committee Decision

An appeal procedure exists. An appeal may be made if it appears that the following situations occurred:

 

- Proper procedures were not followed during the administration and review process.

 

- The Architectural Control Committee decision was arbitrary and had no rational basis.

 

To initiate the appeals procedure, the applicants or other affected residents must submit a written request for an appeal within 10 days of the applicant receiving the Architectural Control Committee decision. The appeal will be referred to the Board of Directors for review.

 

 

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V. ARCHITECTURAL CONTROL COMMITTEE REVIEW CRITERIA

 

The Architectural Control Committee evaluates all submissions on the individual merits of each application. The characteristics of the house type and the individual site are taken into account when evaluating the particular design proposal.

 

The following criteria represent in more specific terms the general standards that will be used in reviewing and evaluating such application and design.

 

Validity of Concept

The basic idea must be sound and appropriate to its surroundings.

 

Design Compatibility

The proposed improvement must be compatible with the architectural characteristics of the applicant's house, adjoining houses, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details.

 

Location and Impact on Neighbors

The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. The primary concerns are access, view, sunlight, ventilation and drainage.

 

When a proposed alteration has possible impact on adjacent property, it is suggested that the applicant discuss the proposal with neighbors prior to making an application to the Architectural Control Committee. It may be appropriate in some cases to submit neighbor comments along with the Architectural Control Committee application.

 

 

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VI. ENFORCEMENT PROCEDURES

 

Scale

The size of the proposed alteration should relate well to adjacent structures and its surroundings.

 

Color

Color may be used to soften or intensify visual impact. Parts of the addition that are similar to the existing house such as roofs, siding and trim should be matching in color.

 

Materials

Continuity is established by use of the same or compatible materials as were used in the original house. The options may be limited somewhat by the design and materials of the original house. For instance, horizontal siding on the original house should be reflected in an addition.

 

Workmanship

Workmanship is another standard, which is applied to all exterior alterations. The quality of work should be equal to or better than that of the community. Poor practices, besides causing the owner problems, can be visually objectionable to others. Poor workmanship can also create safety hazards.

 

Timing

Projects are to be completed within six months from date of approval; otherwise they could become nuisances and safety hazards for neighbors and the community. An extension may be granted at the discretion of the Architectural Control Committee.

 

Enforcement Procedures

The following procedures will be taken by the Architectural Control Committee to enforce the rules and regulations as set forth in these guidelines:

 

1. All owners and residents of Herndon Woods shall comply with all the provisions of the Articles of Incorporation, Declaration of Covenants, Conditions and Restrictions, the By-Laws and all rules and Regulations. Failure to comply with the aforementioned documents shall be grounds for an action to recover damages or for injunctive relief, for suspension of voting rights, for foreclosure of liens or any other legal or equitable relief deemed appropriate.

 

2. In the event any rule or regulation of the Herndon Woods Homeowners Association is violated, the owner shall be notified of the violation by mail.   Notice shall be sent to the address shown on the books of the Management Agent.  The second notice shall be by certified mail, return receipt requested.

 

- An appeal must be submitted in writing…within fifteen days

3. If the owner is a non-resident, a copy of the violation notice shall also be sent to the tenant, at the unit address, by first class mail.

 

4. In any instance where the violation presents a health or safety hazard, the Management Agent may take immediate action, at the owner's expense, to correct the violation. Notification to the owner of the action taken and the costs incurred will be made by certified mail, return receipt requested.

 

5. The owner shall have the right to appeal any violation citation. The request for appeal must be submitted in writing, and received in the offices of the Management Agent within fifteen (15) days of receipt of the violation notice.

 

6. In the event the owner does not bring the violation into compliance within ninety (90) days, or submit a request for appeal within fifteen (15) days of the date of receipt of the violation, then a second citation will be sent. In the event the owner does not then bring the violation into compliance within thirty (30) days, the Board of Directors may proceed with enforcement procedures as indicated in Article VII of the Declaration of Covenants, Conditions & Restrictions.

 

Please note that failure of the Architectural Control Committee to enforce any provision, covenant, restriction, rule and for regulation shall in no event be deemed a waiver of the right to do so thereafter.

 

Right of Entry

As stated in Article IX of the Declaration of Covenants, Conditions & Restrictions, "The Association and the Architectural Control Committee, through their authorized officers, employees and agents, shall have the right to enter upon any Lot at all reasonable times for the purpose of ascertaining whether such Lot or the construction, erection, placement, remodeling or alteration of any structure thereon is in compliance 'With the provisions of this Section, without the Association or the Architectural Control Committee or such officer, employee or agent being deemed to have committed a trespass or wrongful act solely by reason of such action or actions".

 

 

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VII. GUIDELINES

 

The guidelines which follow address a broad range of exterior alterations for which homeowners frequently submit an application to the Architectural Control Committee. It would be impossible to address each specific design condition. As a result, these guidelines present the principle factors which should be considered when developing a design. More specifically, these guidelines define the limits to size, quality of construction, location, materials and color based on the intended use and relationship to adjoining properties rather than focusing on a particular construction detail or a specific design alternative. As stated earlier, all projects are to be completed within six months from date of approval.

 

The individual merits of each application will always be considered by the Architectural Control Committee. The use of these guidelines should assist the homeowner in gaining timely Architectural Control Committee approval. The applicant who follows the guidelines should expect approval or rationale as to why the application was not approved.

 

Note that "Miss Utility" (1-800-257-7771) should be contacted for location of cables and for pipe work prior to any digging when constructing decks, fences, etc.

 

These guidelines should in no way restrict the homeowner in the design of a well thought out alternative approach.

 

Amendments to the Architectural Control Committee Guidelines

The Architectural Control Committee will try to conduct an annual evaluation to determine if the guidelines need to be amended. It is anticipated that any changes would be primarily additive and would not involve substantive changes of the existing guidelines.

 

1. Fences

 

Fencing can be used to separate property, provide security, visual privacy, or to architecturally define space. In achieving any one of these goals, a barrier is created which has both a visual and a physical impact on the boundaries of common land and properties of adjacent homeowners. Careful consideration should be given to the basic fencing concept and the manner in which the concept is executed.

 

No front yard fences will be allowed, other than those previously installed by builder as part of overall community landscaping. Fencing should be compatible with the applicant's house, but it should also be appropriate for its intended purpose.

 

Chain link fencing or freestanding wire fencing of any kind is not allowed.

 

Single-family homes may choose natural wood fencing or composite material not exceeding 6' in height. Approval of neighbors on both sides is suggested.

 

Fences must follow the line of the property. Side yard fencing will be permitted on end unit yards, however the fence may be installed no further forward than the midway point of the unit unless approved by ACC. No front yard fencing is permitted. Fences must be the same style as the builder has initiated (i.e., board on board), using unpainted and unstained pressure-treated wood or composite material. Fencing must be six (6) feet high on all perimeters.

 

2. Storage Sheds

 

Storage sheds can aesthetically affect both individual property and the neighborhood. As a result, all storage sheds should be compatible with both the architecture and landscape surrounding the house.

 

The shed should be designed to appear as part of the house/landscaping/fence theme and may be part of a deck. Building materials must correspond to design theme, including color.

 

The shed must be designed to respect the "visual rights" and aesthetic interests of neighborhood properties and must not be higher than eight (8) feet.

 

Applicants should review fence and shed design criteria with respect to visibility, privacy and materials prior to design.

 

3. Patios & Decks

 

Patio and Deck Location - Patios and decks should be located in rear yards. Side yard locations will be evaluated on their individual merits. When patio or deck schemes include other exterior changes, such as fencing, lights, plantings, etc., other appropriate sections of these guidelines should be consulted prior to application.

 

Decks

1. All decks are to be of unstained, unpainted, pressure treated wood or composite material. Applications must include a site plan showing size of deck, location as it relates to applicant's house as well as adjacent houses and property lines, description of materials to be used, and details of railings, trellises, posts, stairs, steps, benches, etc. as required to clearly describe proposal. Please include the height of deck off the ground.

 

2. Second floor decks should be constructed far enough away from party walls to allow for any future repairs in that area which may become necessary.

 

Patios

Rear yard, ground level patios need not have Architectural Control Committee approval if they are contained within a 6-foot privacy fence and gate. If they can be viewed at eye level by neighbors, they must have Architectural Control Committee approval.

 

4. Trellises/Arbors/Privacy Screens

 

Lattice privacy screening on decks may be approved by the Architectural Control Committee if installed in conformance with the following criteria:

 

a. Screening may not be installed as a freestanding wall or as a fence

b. Lattice work must be installed with framing

c. Lattice work must be incorporated as a part of the overall deck design and connected to the unit

d. Lattice work may not be installed in place of deck railing.

 

Any request for screening will be reviewed on a case-by-case basis and should be incorporated into the overall design of the deck or patio. In general, anything of this nature must be approved by the Architectural Control Committee.

 

5. Storm doors and Windows

 

All storm doors must be approved by the Architectural Control Committee.

 

Doors

Front and side storm doors must be full view or modified full view, straight forward, clear, unfrosted, glass and without ornamentation such as, but not limited to, scallops, scrolls, and imitation gate hinges.

 

Rear storm doors must meet the same requirements unless they are enclosed by a six-foot privacy fence and not in view at eye level.

 

Storm or screen doors must be painted the same color as the entry door behind them or the surrounding wood trim.

 

Windows

Storm and screen window frames must match the trim of the house or be white.

 

No plastic covering will be permitted on the exterior (outside) doors or windows.

 

6. Sun Control Devices

 

Awnings, trellises or other sun control devices must be approved by the Architectural Control Committee.

 

7. Recreation & Play Equipment

 

a. General

Homeowners often express interest in swing sets, basketball backboards, etc. Most equipment of this sort is commercially available but is often less than pleasing in appearance. Creatively designed equipment is encouraged. The guidelines listed below are provided in an effort to reconcile the need for play equipment with the goal of minimizing its visual impact.

 

The general rule is to require rear yard fencing to screen the equipment from view of neighboring property owners. This policy may be waived by the Architectural Control Committee for units which have no adjoining property owners to the rear of their lots or for those who have written consent that the equipment will not be objectionable to neighboring property owners.

 

In general, all exterior play equipment should minimize the negative visual and physical impact to the community and must be well maintained. No peeling, rusting, falling apart, two-tones or extreme fading will be permitted. All play equipment within ground-level view from adjoining properties must be approved by the Architectural Control Committee.

 

All equipment should be placed in rear yards. Consideration must be given to lot size, equipment design and size, amount of visual screening, etc.

 

b. Playhouses

Playhouses must conform to the same criteria as doghouses and sheds, however, when completely enclosed in a fenced yard, exterior paint of a color matching the color scheme of the unit may be used.

 

c. Swing sets

Wood or composite material is highly recommended for any type of play equipment. If wood is used, it should be pressure treated, unpainted and unstained.

 

Play equipment, which is not constructed of wood or composite material shall be painted of natural earth tone colors such as brown, tan or green and will be contained in the rear yard.

 

8. Major Exterior Changes

 

Major alterations are generally considered to be those which substantially alter the existing structure either by subtraction and/or addition. Major building alterations include, but are not limited to, construction of driveways, garages, porches, greenhouses, rooms, fireplaces, chimneys, other additions to a home, etc.

 

More specifically, the design of major alterations should be compatible in scale, materials and color with the applicant's house and adjacent houses. The location of major alterations should not impair the views, or amount of sunlight and natural ventilation on adjacent properties. Pitched roofs must match the slope of the roof on the applicant's house. New windows and doors should match the type used in the applicant's house and should be located in manner which will relate well to the location of exterior openings in the existing house.

 

If changes in grade or other conditions which will affect drainage are anticipated, they must be indicated. Approval will be denied if adjoining properties are adversely affected by changes in drainage.

 

Construction materials must be stored so that the impact on neighboring properties is minimized. Excess material should be immediately removed after completion of construction.

 

9. Antennas and Satellite Dishes

 

Per the Federal Communications Commission (FCC) guidelines, antennas and satellite dishes are permitted if they meet specifications, i.e., 39.37 inches or less. For aesthetic purposes, the HOA recommends that such items be positioned to the rear side of the roof or house so as to be as unobtrusive as possible. Antennas and satellite dishes that are no longer in use should be removed.

 

10. Dog Houses & Runs

 

Dog houses must be compatible with the applicant's house in color and material or match a natural wood or composite fence, and must be located where they will be visually unobtrusive. In addition, they must be in rear yards. The same criteria apply to dog houses as to storage sheds. Wire runs must be visibly unobtrusive and in backyards.

 

11. Exterior Decorative Objects

 

Exterior decorative objects including but not limited to birdbaths, wagon wheels, sculptures, fountains, pools, stumps, driftwood piles, and freestanding poles of all types are permitted only in rear yards and under cover of a fence line or as otherwise approved.

 

12. Electric Insect Traps

 

Electronic insect traps will be regulated based on the same criteria as for exterior lighting. In addition, no device shall be installed or maintained in such a way as to cause discomfort to adjacent owners from noise and may only be operated during those times when the immediate area protected by the trap is occupied by the owner or his guests.

 

13. Exterior Paintings

 

All color changes must be approved by the Architectural Control Committee. Repainting or staining a specific object to match its original color need not be submitted.

 

Color changes apply not only to the house siding, but also to the doors, shutters, trim, roofing, and other appurtenant structures.

 

Change of exterior color should relate to the colors of the houses in the immediate area.

 

Change of exterior colors should be in conformance with established neighborhood guidelines or selected from one of the existing neighborhood colors.

 

14. Flag Poles

 

Homeowners wishing temporary flagpole staffs, which do not exceed six feet (6') in length and are attached at an incline to the front wall or pillar of the house or dwelling unit need not have an application. Permanent flag poles must be approved by the Architectural Control Committee.

 

15. Barbecue Grills

 

Permanent barbecue grills should be placed in the rear of the house and as far as practical from the adjacent property lines.

 

16. Compost Piles

 

Compost piles must be in backyards. If such compost piles result in complaints by neighbors, the ACC will consider appropriate measures to resolve the problem.

 

17. Hot Tubs

 

Plans for hot tubs must be submitted to the Architectural Control Committee. It is the homeowner's responsibility to secure proper building permits and to ensure that plans conform with county guidelines. Descriptions of trellises, privacy screening, and detailed plans are requested for approval.

 

18. Exterior Unit Air Conditioners

 

Air conditioning units from windows are prohibited unless otherwise approved.

 

Exterior ground units may be added to or relocated only when they do not interfere visually with neighbors. Exterior ground units shall be oriented so as not to discharge hot air onto neighbors’ property.

 

19. Clotheslines

 

Clothes hanging is prohibited unless behind and below a privacy fence.

 

20. Gutters & Downspouts

 

Gutters and downspouts must match those existing in color and design and must not adversely affect drainage on adjacent properties.

 

21. Attic Ventilators

 

Attic ventilators or other mechanical devices requiring penetration of the roof should be as small in size as functionally possible and should match the roof or be mill finish. They should be located on the backside of the roof and not extend above the ridgeline.

 

22. Mailboxes

 

Mailboxes are a functional necessity, not a decorative item.

 

For attached homes, “communal” mailboxes are provided.

 

For detached homes, mailboxes must be located so as not to obstruct sidewalks or sight lines in accordance with postal regulations, and since they are usually in a very visual location, they must be straightforward in design and mounted on simple posts or as otherwise approved.

 

23. Trash Cans and Recycling Bins

 

Containers shall not be placed for pickup prior to 7:00 pm on the evening prior to pickup and must be removed within 24 hours.  Trash must be in securely tied plastic bags and must be placed at curbside. At all other times trash containers are to be kept in rear yard or garage, and as inconspicuous as possible.

 

24. Firewood

 

Firewood shall be kept neatly stacked, located in rear yard of residence, and must be kept within your lot. Under no circumstances is firewood to be stacked in the common area.

 

Piles larger than two cords require approval. Piles longer than 12’ should be 2 rows deep minimum. Piles must not exceed 4' in height for safety. Firewood piles must contain firewood only, no storage of debris.

 

Location should be in such a manner as to minimize visual impact. In certain cases, screening may be required.

 

25. Real Estate Sales/Rent and Misc. Signs

 

Real estate signs must meet all applicable regulations with respect to size, content and removal. Signs may only be placed in the yard of the property available. Homeowners will be limited to one sign per property.

 

All signs must be removed 48 hours after contract acceptance.

 

Real estate for sale signs will be permitted on common property only between Saturday 9:00am and Sunday 5:00pm. Any sign standing beyond approved hours may be removed.

 

All miscellaneous signs, including but not limited to advertising signs, yard sales, etc. must be approved by the Architectural Control Committee (ACC).

 

26. Solar Panels

 

Photovoltaic panels on property with the exception of landscape lighting (approved by the ACC), are not permitted.

 

27. Landscaping & Vegetable Gardens

 

Care should be exercised in the planting and maintenance of trees and shrubs on your lot to prevent obstruction of sight lines required for vehicular traffic and walking on sidewalks. It is the responsibility of the homeowner to ensure that their lot is mowed and all gardens must be neatly maintained throughout the growing season; this includes removal of all unused stakes, trellises, and dead growth.

 

Consideration should also be given to type of trees to be planted, specifically with regard to size of mature trees, and how the roots will affect water lines and underground cables, etc. Starting November 2014, fruit and berry bearing trees that will grow to overhang streets and walkways / driveways (including neighboring properties) should not be planted so as to not deposit debris on these areas. If such plantings result in complaints by neighbors, the Architectural Control Committee will consider appropriate measures to resolve the problem.

 

Applications, when required, should include a description of the types and sizes of shrubs to be planted and a site plan showing the relationship of plantings to the house and adjacent dwellings.

 

If such plantings result in complaints by neighbors, the Architectural Control Committee will consider appropriate measures.

 

An application IS NOT REQUIRED for landscaping which meets all of the following conditions:

 

a. Located at the rear of the unit

 

b. Size does not exceed ten (10) feet by ten (10) feet

 

c. It does not damage property through the flow of water onto lower property.

 

d. Foundation landscaping (within four feet of the base of the unit) which meets all of the following conditions:

 

1. restricted to natural landscaping (i.e. plants, shrubs and trees),

 

2. railroad ties, garden timbers or other materials used to construct a border or retaining wall which do not exceed eighteen (18) inches in height and remains within four feet of the foundation.

 

An application IS REQUIRED for:

 

a. Hedges more than 2' in height or 8' in length, or other features which in effect become structures, fences or screens and a part of other applications where required.

 

b. Rock gardens or rocks or collections of rocks which exceed 24 inches in any direction. All rocks shall be left their natural color.

 

c. Railroad ties or garden timbers which form a wall over 18" high or 10' long. Include a site plan with the location of ties or timber drawn in, and information on landscaping plans and any grading changes.

 

d. Townhouse owners have typically maintained a thin strip of land between their property line and their neighbor's for as long as the community has existed. This strip of land actually belongs to the neighbor with the adjoining property. The non-owning neighbor may only make changes to this strip of land with the express written consent of the owner of the strip of land in question. Conversely, the owner may make changes as desired without the non-owner's permission. In all cases, any changes to this strip of land must be done in accordance with the architectural guidelines and procedures as set forth in the Herndon Woods Homeowner's Association Handbook.

 

e. Any landscaping or gardens that are not covered in the paragraphs above.

 

An application MUST BE SUBMITTED for gardens which do not meet the above requirements.

 

28. In-Home Businesses

 

In home businesses must comply with applicable Fairfax County, Town of Herndon regulations. In addition to County control, the Association is concerned about the impact of in-home businesses on the residential character of the neighborhood and on adjacent neighbors. Therefore, customer-oriented businesses are not allowed.

 

For non-customer oriented businesses, the following special requirements must be met:

 

a. Permit obtained from applicable authorities.

 

b. Copy of Permit on file with the Association's office.

 

c. No sign or other advertising device of any nature shall be placed upon any lot.

 

d. No exterior storage of business-related materials will be allowed.

 

e. No commercial vehicles will be allowed.

 

Although the Association does not expressly prohibit in-home day care services, the above requirements must be met. Care should be taken so that this service does not cause an annoyance to neighbors or interfere with the rights of other homeowners relating to the "quiet enjoyment" of their property.

 

29. Outside Lighting

 

Exterior lighting should be chosen so as not to light up any area beyond that of the applicant's property. Cases of darkened common areas should be brought before the grounds committee.

 

30. Pools

 

Above ground pools are prohibited. Kiddies pools are excluded. In ground pools must be approved by the Architectural Control Committee.

 

 

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VIII. GENERAL MAINTENANCE GUIDELINES

 

Property ownership includes the responsibility for maintenance of all structures and grounds which are a part of the property. This includes, but is not limited to items such as mowing grass, removal of trash, and structural maintenance. Maintenance affects the visual character and economic values of the property and neighborhood, and in some cases, safety.

 

1. Exterior Appearance

 

Residents are responsible for maintaining the exterior of their dwellings and any other structures on their lots, such as decks, fences, sheds, and playground type of equipment.

 

2. Mowing

 

Turf areas need to be mowed at regular intervals, maintaining a maximum height of 6 inches and a minimum height of 2 inches. Changes to this requirement may be made according to specified plans.

 

Planted beds must be kept in a neat and orderly manner.

 

3. Lawn & Garden Tools

 

Large lawn and garden tools (mowers, spreaders, tillers, etc.) will be put away out of street sight when not in use.

 

4. Lawn & Garden Fertilization

 

Special care should be taken not to over-fertilize or to fertilize lawns and gardens where there is the least chance of runoff.

 

5. Trash Removal

 

Each resident is responsible for picking up litter on his property and preventing windblown debris from originating on his land.

 

At no time is the Association Open Space considered a dumping ground for inorganic debris. Organic debris such as leaves, grass clippings and branches may not be dumped in Open Space.

 

Removal of trash and debris from all Association areas accumulating from resident usage will be completed as necessary. Remember that the removal of trash costs the Association dollars, and voluntary resident and Neighborhood cleanup, in addition to controlling litter at the source, saves everyone money.

 

6. Erosion Control

 

Each resident is responsible for seeing that their lot area is protected from erosion and that storm drain structures are not blocked so as to cause additional erosion problems.

 

7. Pesticides and Herbicides

 

Pesticides and herbicides may be applied according to label instructions for the specified problem. Emphasis should be placed on organic/biodegradable materials in order to ensure the least harm to the natural environment. Care in application is extremely important. Avoid use of pesticides and herbicides if at all possible, but when necessary use with caution and follow instructions.

 

 

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IX. PET CONTROL

 

As stated in Article VIII, Section 6 of the Declaration of Covenants, "No animals, livestock, poultry or reptiles of any kinds shall be raised, bred or kept in any Dwelling Unit or in the Common Areas, except that a dog, cat or other household pet may be kept in the Dwelling Unit, provided that they are not kept, bred or maintained for commercial purposes; and provided further that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Property upon written notice of the Board of Directors. In no event shall any dog be permitted on any portion of the Common Area unless carried or on a leash, nor shall any dog be curbed in any Common Area."

 

Specific rules and regulations governing pets have been adopted by the Board of Directors. They are as follows:

 

1. The Board of Directors has extended permission to the County Animal Warden to enforce all applicable portions of the County Ordinance in regard to all animals and pets within the common areas.

 

2. Owners and all other persons who are owners and/or custodians of pets shall not allow such pet to run at large in Herndon Woods. A dog shall be deemed to run at large while roaming, running or self-hunting or when not restrained by a dependable leash and controlled by a responsible person as defined by County Ordinance.

 

3. All pets must have appropriate shots, licenses and tags, as required by County Ordinance.

 

4. Pet owners shall be responsible for immediate clean-up and proper disposal of pet wastes deposited. Kitty litter shall be disposed of in a tightly sealed plastic bag and placed at curbside on normal trash collection days.

 

5. No animals, livestock or poultry of any kind shall be raised, bred or kept on any townhouse or single-family lot. Dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for a commercial purpose.

 

6. Residents or guests who own pets shall ensure that their pets do not become a nuisance to other residents in the Community. Actions which may constitute a nuisance include, but are not limited to: barking, crying, scratching or being hygienically offensive.

 

7. Pets shall not be chained or leashed on any common area.

 

8. Pet owners shall incur any and all costs for repairing damage to common areas caused by their pet(s).

 

9. Pet owners must respect the private property of others. Pets are not allowed to trespass on private lawns and should be walked in common areas only.

 

10. Residents should report any violations of the above items to the County Animal Control and violation of item 4 to the Health Department.

 

11. Any other violations should be reported, in writing, to the Management Company, with specific information as to name and address of violator, time and date, and description of pet.

 

 

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X. VEHICLE CONTROL

 

Specific rules and regulations regarding vehicles have been adopted by the Board of Directors. They are as follows:

 

General

 

The common area contains 26 parking spaces to be shared among 33 residences and their guests. Parking vehicles for extended time periods in front of someone else’s residence is strongly discouraged when the cars (if legal) could be parked down at the end of the lot or in a resident’s garage or driveway instead.

 

A. Common Area Parking:

 

1. Common area parking is for residents and visitors only. Violations should be reported to the Management Company.

 

2. Vehicles parked in the common area must have current registration, license tags, title, and safety inspection, in accordance with Virginia, Fairfax County, and Town of Herndon laws.

 

3. All motor vehicles (including motorcycles) shall be parked in designated parking spaces only. Only one vehicle is permitted per parking space. Parking in other than designated parking areas including sidewalks is prohibited. The vehicle shall not be parked between two spaces, nor shall it be parked diagonally between one or more spaces.

 

4. The common parking areas may not be used for the storage of any vehicle, including but not limited to motorcycles, boats, trailers, campers, etc.

 

5. Parking of commercial vehicles with or without commercial lettering, including but not limited to vans, trucks, taxicabs, equipment trailers, buses, or cars is prohibited in Herndon Woods. Also vehicles greater than one ton in capacity or 20 ft. in length are prohibited in Herndon Woods.

 

6. The Board of Directors is empowered to have vehicles which are in violation of the Code of Virginia removed from the common areas (including sidewalks), at the owner's risk and expense, provided prior notification has been given to the owner.

 

B. Parking on Private Property:

 

1. It is prohibited to park cars blocking sidewalks in front of residences in respect of fire codes and pedestrian safety.

 

2. Recreational or commercial vehicles, to include, but not limited to, trucks, trailers, motor homes, boats, and travel or camping trailers, shall not be kept on any lot or driveway.

 

3. Vehicles parked on private property must be in compliance with Commonwealth of Virginia and Fairfax County laws. Violations of this rule shall result in the posting of a notice on the vehicle directing removal of the vehicle or correction of the violation within five (5) days. All actions shall be coordinated with the Town of Herndon Police Department in accordance with the applicable requirements of the Code of Virginia as amended.

 

C. Operation of Vehicles:

 

1. No unlicensed vehicles, including but not limited to motorcycles, mini-bikes, go-karts, etc. shall be operated upon any common area of Herndon Woods.

 

2. All motor vehicles shall not exceed the speed limit of ten (10) miles per hour while operated in common areas.

 

3. All persons operating motor vehicles upon common areas shall conform to all traffic control signs posted on the premises, and in accordance with the provisions of the traffic ordinances of the County of Fairfax and the State of Virginia.

 

4. Any unlicensed person is prohibited from operating any motor vehicle on common areas.

 

5. All motor vehicles (including motorcycles) shall be operated in the paved parking lot areas only.

 

6. Operation of any motor vehicle in violation of the Code of Virginia as amended, is prohibited. Consent is hereby given by the Board of Directors to all appropriate law enforcement officers who are hereby empowered to enforce all motor vehicle laws in the streets and common areas of Herndon Woods.

 

D. Maintenance of Vehicles and Parking Areas:

 

1. All vehicles parked on any area in public view must be maintained in an acceptable state of repair to meet the following conditions:

- a. Powered vehicles must be maintained in an operative condition.

- b. Tires supporting vehicles on common areas must be inflated at all times to within 10 PSI of the manufacturer's recommended pressure so that they can be moved in the event of an emergency.

 

2. Repairs on any vehicles by an owner or his assigned agent are prohibited in the common parking areas and must be performed in one's own driveway.

 

3. Dumping, disposal or leaks of oil, grease, or any other chemical, residual substances, or any substance of particles from holding tanks of vehicles of any type (as a result of the repair, maintenance, or carelessness) is not permitted on any areas. Disposal must also conform to environmental regulations.

 

4. The dumping of motor oil and other petroleum products into the storm sewers is a direct violation of the State Water Control Law and may lead to civil penalties and clean-up costs for the responsible person(s).

 

5. Owners of vehicles will be held liable for all costs to repair damages to common areas caused by negligence, repair operations on the vehicle or storage of any combustible, dangerous or other­wise hazardous material on common areas (regardless of the type of container).

 

 

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XI. ESTOPPEL CERTIFICATES

 

An Estoppel Certificate is required by the Architectural Control Committee and Virginia law to be completed and issued to your settlement attorney prior to the closing of the sale of your home. This certificate provides information on the current status of assessment payments and on the existence of any architectural violations. The Estoppel Certificate helps to protect the future buyer against unknown problems with past owners' architectural changes or past-due assessments. If everything is in order, it also protects the seller from potential lawsuits involving violations of the Covenants by subsequent owners.