Singleton s Grove Homeowners Association, Inc. Resolution NO Offered September 24, Parking Regulations (Restated and Revised)

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1 Singleton s Grove HOA Parking Regulations Page 1 Singleton s Grove Homeowners Association, Inc. Resolution NO Offered September 24, 2013 Parking Regulations (Restated and Revised) WHEREAS, Section A of the Virginia Property Owners Association Act, Va. Code , et seq. ( Act ) grants the Board of Directors ( Board ) of Singleton s Grove Homeowners Association, Inc. ( HOA ) the power to establish rules and regulations for the use of the property and with respect to such other areas of responsibility assigned to the HOA by the Declaration; and, WHEREAS, Section A of the Act charges all lot owners and their tenants, guests and invitees with compliance with the Act, the Declaration, By-Laws and Rules and Regulations of the HOA, as amended; and, WHEREAS, Article IX, Section 1(a) of the Singleton s Grove HOA Bylaws grants the Board the power to adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; and, WHEREAS, Article II, Section 1(g) of the Singleton s Grove HOA s Declaration grants the Board the authority to suspend Reserved parking for any period during which any assessment (including costs and attorney s fees) against the owner s lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the governing documents, which include published rules and regulations; and, WHEREAS, Article II, Section 4 of the Singleton s Grove HOA s Declaration authorizes that the ownership of each lot shall entitle the owner or owners thereof to use the Common Area parking spaces together with the right of ingress and egress; however, the Board shall have authority to license such spaces to individual owners on a preferential, non-uniform basis as the Board may, in its discretion, determine. To the extent the Board assigns a parking space to an individual lot owner, the HOA has the authority to levy an assessment against the owner(s) to whom that space is assigned for the upkeep, maintenance, and repair of the assigned space(s). This assessment shall be treated as any other assessment under the Declaration; and, WHEREAS, it is the intention of the Board, by this resolution, to update the previously published parking regulations in order to assure equitable parking arrangements, as well as safe and attractive parking areas. NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the Board adopts the following revised parking regulations:

2 Singleton s Grove HOA Parking Regulations Page 2 I. PURPOSE AND APPLICATION These Parking and Towing Guidelines have been developed for the Singleton s Grove HOA and applies to all owners, residents, tenants, guests and invitees within the community. All vehicles located, whether standing or parked, within the Singleton's Grove community are subject to the laws of the Commonwealth of Virginia, the laws of Fairfax County, and to the rules set in these regulations. Owners and residents are responsible for the actions of themselves, their tenants, guests, and invitees. Any vehicle in violation of the aforementioned commonwealth, county, and community rules shall be subject to towing and/or ticketing. II. DEFINITIONS The following items have been defined to simplify these regulations. These definitions are intended to be consistent with the definitions found in the HOA s Covenants, County Ordinances, Commonwealth Statutes, and Federal Laws/Regulations. A. Vehicle Definitions 1. Commercial Vehicle a. Any vehicle deemed commercial by the Fairfax County Ordinance Chapter 112 of the Fairfax County Code which defines a commercial vehicle as any vehicle: 1. with a rated carrying capacity of 1,500 pounds (3/4 ton) or more; 2. which displays advertising lettered thereon (regardless of capacity); or 3. which is licensed as a for hire vehicle. b. any vehicle that has visible commercial equipment attached to the exterior of the vehicle (i.e. ladders, pipes); c. any private or public school or church buses. 2. Recreational Vehicle a. any boat, jet ski, or other water vehicle; b. any trailer or fifth-wheel trailer; c. any vehicle that exceeds seven feet in height, nine feet in width, or eighteen feet in length; d. any mobile home, motor home or self-contained camper; e. any pop-up camping/tent trailer or other similar recreation-oriented, portable, or transportable facility or conveyance; f. dune buggies, ATVs or similar motor vehicle; g. any vehicle which would not normally be used for daily transportation or which is not licensed for use on the Virginia highways. 3. Junk Vehicle A vehicle that is disabled, inoperable, or unable to be driven on private or public roads. 4. Abandoned Vehicle A vehicle that is presumed abandoned if it lacks either: (1) a current license plate; or (2) a valid state inspection certificate or decal AND if it has been visible from a private or public roadway for four (4) days or more. 5. Parked Vehicle A vehicle that is brought to a stop with the engine off. 6. Standing Vehicle A vehicle that is brought to a stop with the engine still on. 7. Commuter/Carpool Vehicle A vehicle parked within the Singleton s Grove community for the purpose of carpooling. B. Streets and Other Parking Area Definitions 1. Private Individual Driveways Paved driveways located on an individual owner s lot leading to the individual owner s garage.

3 Singleton s Grove HOA Parking Regulations Page 3 2. Reserved Parking Spaces Paved and painted parking spaces that are licensed to specific lots. These reserved parking spaces are marked with a serial number and the word Reserved. See Article III Section D for rules pertaining to Reserved parking spaces. 3. Permit Only Parking Spaces Paved and painted parking spaces that are marked Permit Only. Permit Only parking spaces are not assigned to a specific lot. See Article III Section D for rules pertaining to Permit Only parking spaces. 4. Open Parking Spaces Paved and painted parking spaces that are not reserved for a specific lot nor marked as Permit Only parking spaces. See Article III Section D for rules pertaining to Open parking spaces. 5. Private Roads Paved roads/courts owned and maintained by the Singleton s Grove HOA. All state and county laws are enforced by the Fairfax County Police and by the Fire Marshal on these private roads. Community rules are enforced by the HOA on these private roads. The private roads are: Adolphus Dr Antonia Ford Ct Antonia Ford Ln Big Yankee Ln Fount Beattie Ct Franklin Fox Dr George Baylor Dr Grogans Ct Grumble Jones Ct Gunners Pl Hoskins Hollow Cir Laura Ratcliff Ct Montjoy Ct Montiero Dr Preacher Chapman Pl Walter Bowie Ln William Mosby Dr 6. Public Roads Paved roads owned and managed by t h e Virginia Department of Transportation (VDOT). All state and county laws are enforced by the Fairfax County Police and Fire Marshal on these public roads. The following roads are public: Singleton s Way New Braddock Rd Old Centreville Rd C. Other Definitions 1. Common Property All real property and improvements thereon owned or leased by the HOA and available for the use and enjoyment of the Members. 2. Fire Lanes All areas designated as fire lanes by the Fairfax County Fire Marshal, marked with signs and/or yellow curbs/striping. 3. Owner The record holder of the title to any lot in Singleton s Grove, whether one or more persons. 4. Resident Anyone who resides in Singleton s Grove, whether owner, renter, etc., of the residence. 5. Private Property All real property owned by private individuals and not commonly owned by the Singleton s Grove HOA nor owned by Fairfax County or the Commonwealth of Virginia. 6. Disabled Person Persons certified by licensed health personnel to have impaired mobility or a condition which substantially interferes with mobility may qualify for "Disabled" status and in possession of a valid Disabled Person (DP) placard or DP license plates. 7. Minor vehicle repair Maintenance, repair or replacement of the alternator, generator, starter, water pump, battery, brakes or part thereof; minor tune-up (which consists of distributor cap, rotor, air filter and spark plug replacement);

4 Singleton s Grove HOA Parking Regulations Page 4 change of oil and filter, fan belt, or hoses; lamp replacement; repair of flat tires; lubrication 8. Major vehicle repair Maintenance, repair or replacement not listed in the definition of minor vehicle repair in this subsection, including, but not limited to, the removal of engines, rebuilding of engines, repair of the internal components, repair or removal of differentials or axles, dismantling of vehicles, and body work 9. Good Standing The status of any Singleton s Grove owner or resident who is not in violation of the Declaration, By- Laws, or Rules and Regulations of the HOA. III. PARKING RULES A. General Parking Rules 1. Vehicles shall park only in paved locations that are intended for parking (including lined parking spaces, driveways, and public road curbsides). Vehicles must be in accordance with the specific regulations governing such parking locations. 2. It is prohibited to park any motor vehicle on a sidewalk or on any non-paved common area or on any non-paved private property. 3. Any vehicle parked in a fire lane is subject to ticketing and/or towing without notice. 4. It is a fire lane violation to have any portion of a parked vehicle extend onto the paved area of a private road or in the case of Montiero Drive, onto the designated drive lane along the left side of the roadway. 5. All owners are responsible for notifying any present resident, guest or invitee on their property of the parking restrictions in the community. Owners of units whose residents, guests or invitees violate these guidelines shall be held liable for any damages to the community caused directly or indirectly by the violation. 6. Parking which blocks sidewalks and/or driveways is strictly prohibited. 7. A double-parked vehicle is subject to ticketing and/or towing without notice. 8. Parking spaces are not to be used for storage. There is an exception for temporary mobile storage containers (See the Singleton s Grove HOA Guidelines and Restrictions document). 9. No motorized vehicles shall be driven on non-paved common areas, except such vehicles as are authorized by the HOA, County, or Commonwealth as needed to maintain, repair or improve the common area; or Offroad Recreational vehicles being moved to and from their storage area. 10. It is prohibited to abandon a vehicle on common property or on a private or public road. 11. Commuter vehicles belonging to individuals carpooling with Singleton s Grove residents may only park on public roads, or in the private driveway or Reserved parking space of the Singleton s Grove resident in the carpool. 12. It is prohibited to park vehicles with expired license plates, and/or expired state inspection decals on common property (including private roads). 13. Parking privileges to use parking spaces in common areas may be suspended for any period during which any assessment (including costs and attorney s fees) against the owner s lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the governing documents, which includes published rules and regulations. 14. Minor vehicle repair work can be performed in Reserved parking spaces where the elapsed time between the beginning and the end of the repair does not exceed eight (8) hours. Any damage to the pavement caused by the repair or the jackstands can result in an assessment to the homeowner for the repair of the pavement. 15. It is prohibited to conduct Major Vehicle Repairs in any common area parking space (Reserved, Permit Only, or Open). All major repair work must be performed within a fully enclosed structure. 16. It is prohibited to conduct any vehicle repairs in a Permit Only or Open parking space except repair/replacement of a flat tire and/or replacement of a battery. 17. Anyone conducting vehicle repairs within the community must ensure that no vehicle fluids are spilled on common property. Any vehicle fluid spills on common property can result in an assessment to the homeowner to clean up the hazardous material spill. 18. It is prohibited to paint a vehicle in a common area parking space (Reserved, Permit Only, or Open) or an enclosed structure (except minor scratch touch-ups). B. Recreational Vehicle Parking Rules It is prohibited to park/store recreational vehicles in open view on driveways, Reserved/Permit Only/Open

5 Singleton s Grove HOA Parking Regulations Page 5 parking spaces, common areas, or on private roads. Offroad Recreational vehicles must be parked/stored out of sight within the resident s property when not in use. C. Commercial Vehicle Parking Rules 1. Residents who own commercial vehicles must meet the following criteria in order to park their commercial vehicle within the community: a. the commercial vehicle must not exceed 18 feet in length bumper to bumper; b. no part of the vehicle or anything on the vehicle can extend into the road or any other parking space; c. no signage can extend from the body of the vehicle; and d. the commercial vehicle must not meet any of the criteria of a recreational vehicle; 2. Unless owned by a resident meeting the criteria stated in Section C(1) above, no commercial vehicle may be parked in any location within the bounds of the community, including paved and unpaved common areas; and paved and unpaved private property, except when in use for business purposes. 3. Unless owned by a resident meeting the criteria stated in Section C(1) above, no commercial vehicle shall remain parked within the bounds of the community overnight. 4. During normal daytime business hours, a commercial vehicle which has been contracted to provide a service within the community may park in any Permit Only parking space, Open parking space, private driveway, or public road. D. Rules Pertaining to Townhome Reserved, Permit Only, and Open Parking Spaces 1. The HOA shall have all parking spaces on the paved common areas painted and marked per the parking plan specifications. 2. Even if the Reserved, Permit Only, and Open parking spaces are not marked, these Rules pertaining to Reserved, Visitor, and Open Parking Spaces still apply. 3. All persons who park motor vehicles in lined parking spaces shall position their vehicle as close to the center of the parking space between the painted lines as possible. In general, overlapping the painted lines which separate parking spaces or parking at an angle to the curb is prohibited. However, residents with two Reserved parking spaces immediately next to one another may occupy both of their Reserved parking spaces with one vehicle if they so choose. 4. Certain parking spaces in the HOA are licensed for the exclusive use of specific lots. Every Reserved parking space shall be licensed to a specific lot for use by the owner/resident of the lot. The Reserved parking space is marked with a serial number for identification. 5. Every house in the Community will be issued one (1) serial numbered Singleton s Grove HOA Parking Permit for use in the Permit Only parking spaces. 6. If the Permit is Lost or Stolen, the owner/resident can request a replacement after paying a $25 replacement fee. Any vehicle parked in a Permit Only parking space using an invalid Permit that was reported Lost or Stolen will result in that vehicle be towed without notice. 7. It is a violation for any person to make use of a Reserved parking space without the consent of the owner/resident of the lot to which the parking space is licensed. 8. The assignment of Reserved parking spaces to lots shall be made without regard to the number of motor vehicles owned by, registered to, or in the possession of the occupants of a lot. 9. No Reserved parking space and/or Parking Permit may be sold or offered in exchange for anything of value. Upon the legal conveyance of the subject lot from one owner to another, the parking space assigned to the subject lot by the Board shall remain of force and effect. 10. Certain parking spaces in the HOA are marked Permit Only. Permit Only parking spaces are for the use of vehicles that are properly displaying a valid Singleton s Grove HOA Parking Permit. Any vehicle

6 Singleton s Grove HOA Parking Regulations Page 6 parked in a Permit Only parking space that is not properly displaying a valid Singleton s Grove HOA Parking Permit can be immediately towed without notice. 11. Permit Only parking spaces are utilized on a first-come, first-serve basis and are not assigned to a specific lot. 12. Vehicles may be parked in a Permit Only parking space for a forty-eight (48) hour period without special permission. The forty-eight (48) hour period shall begin when a vehicle first enters a Permit Only parking space. T he period will not cease when a vehicle temporarily leaves the Permit Only parking space and returns within the aforementioned forty-eight (48) period. The aforementioned vehicle cannot utilize that space for a minimum of forty-eight (48) hours after departing from the previous use. 13. Use of a Permit Only space for more than a forty-eight (48) hour period requires special permission from the HOA. To obtain special permission, the vehicle owner must provide the following information: a. the vehicle s tag number; b. the address of the resident being visited; and c. the duration of the intended visit. 14. Vehicles in the community for more than thirty (30) days will be considered resident vehicles. 15. Certain parking spaces in the HOA are Open parking spaces. Open parking spaces are not marked Reserved or Permit Only. These Open parking spaces are available to any Singleton s Grove owner, resident, tenant, guest or invitee. 16. No person shall, through custom or alleged past practice, establish a right to a Permit Only or Open parking space. 17. Open parking spaces shall be utilized on a first-come, first-serve basis. 18. It is prohibited to park in an Open parking space for more than seventy-two (72) consecutive, noninterrupted hours. 19. Commuter vehicles belonging to individuals carpooling with a Singleton s Grove resident may not park in Open parking spaces. These commuter vehicles should be parked on a public road or in the private driveway or Reserved parking space of the Singleton s Grove resident in the carpool. E. Special Accommodations in accordance with the Americans with Disabilities Act (ADA), 42 USC Persons with permanent or temporary disabilities as certified by a state Department of Motor Vehicles (DMV) are entitled to reasonable accommodations which may include the use of the closest available parking space to their residence. 2. A common area parking space may be licensed as a Common Area Handicap Parking Space reserved for the exclusive use of a Disabled Person only if that space is closer to that person s residence than their current licensed Reserve Parking space; driveway or garage. The following restrictions apply: a. The requestor must be in possession of a valid Disabled Person (DP) placard or DP license plate as defined by the laws of the Commonwealth of Virginia. b. The Common Area Handicap Parking Space will be valid for the same period of time the Disabled Person (DP) placard or DP license plates registration is valid. c. The Common Area Handicap Parking Space must be renewed with the HOA immediately after renewing the Disabled Person (DP) placard or DP license plates registration with the DMV. d. All parking spaces reserved for the use of persons with disabilities shall be identified by above grade signs, regardless of whether identification of such spaces by above grade signs was required when any particular space was reserved for the use of persons with disabilities. A sign or symbol painted or otherwise displayed on the pavement of a parking space shall not constitute an above grade sign. Any parking space not identified by an above grade sign shall not be a parking space reserved for the disabled within the meaning of this section. e. All above grade disabled parking space signs shall have the bottom edge of the sign no lower than four feet nor higher than seven feet above the parking surface. Such signs shall be designed and constructed in accordance with the provisions of the Uniform Statewide Building Code. f. All disabled parking signs shall include the following language: PENALTY, $ Fine, TOW-

7 Singleton s Grove HOA Parking Regulations Page 7 AWAY ZONE. Such language may be placed on a separate sign and attached below existing above grade disabled parking signs provided that the bottom edge of the attached sign is no lower than four feet above the parking surface. g. The Common Area Handicap Parking Space will be labeled with the word Reserved since they are for the exclusive use of the requestor. h. All Common Area Handicap Parking Space signage and labels may be removed after the expiration of Disabled Person (DP) placard or DP license plates registration, or upon request of the individual licensed to use the parking space. 3. No Fire Lane can be designated as a Parking Space under this section without the explicit authorization of the Fairfax County Fire Marshal. 4. All requests for a Common Area Handicap Parking Space must be submitted in writing to the Managing Agent and include: a. A copy of the Disabled Person (DP) placard or DP license plates registration, and b. An explanation of why a different common area parking space is better suited to your situation than your current parking accommodations. 5. If you are denied this accommodation, you will be mailed a letter with an explanation of the decision. You can appeal the decision through the established Complaint and Due Process Procedures. IV. ENFORCEMENT GUIDELINES A. General 1. The designee for the administration of these guidelines is: Singleton s Grove HOA c/o Sequoia Mgmt Co. (Managing Agent) Parkeast Circle Chantilly, VA (703) The Managing Agent retains the right to administer or enforce any provision of these guidelines. 3. Upon the consent and request of the disputants, the Managing Agent will act to fairly adjudicate or arbitrate disputes that may arise among owners or residents related to the administration and enforcement of these guidelines. 4. The Managing Agent reserves the right to tow vehicles in any named violation in these guidelines. 5. Invalidation of any of these paragraphs or sections by judgment or court order shall in no way affect any other provisions that shall remain in full force and effect. 6. It is the responsibility of all owners to comply with these guidelines and to instruct their residents, tenants, guests, and invitees to do so also. 7. Owners and residents may report violations of the policy to either the Managing Agent (Sequoia Management) or the Fairfax County Police Department or Fire Marshal, as appropriate (see Section B below Reporting Violations ). B. Reporting Violations 1. The following violations should be reported directly to the Fairfax County Police Department at (703) or the Fire Marshal at (703) : a. vehicles parked in fire lanes; and b. vehicles blocking fire hydrants. 2. Vehicles in violation along any public thoroughfare should be reported directly to the Fairfax County Police Department at (703) For a listing of such violations, refer to the attached Fairfax County Code Article 5 Section The public thoroughfares in Singleton s Grove as designated by the Virginia Department of Transportation (VDOT) are: Singleton s Way New Braddock Rd Old Centreville Rd 3. Vehicle violations that are NOT fire lane/fire hydrant violations (as listed under Number B.1. above) nor public thoroughfare violations (as listed under Section B(2) above) should be reported to the HOA Managing Agent at (703) between 9:00 AM and 5:00 PM, Monday through Friday. These types of violations include, but are not limited to: Reserved, Permit Only or Open parking space

8 Singleton s Grove HOA Parking Regulations Page 8 violations, recreational vehicle violations, commercial vehicle violations, abandoned/junk vehicle violations, and vehicles with expired license plates and/or inspection decals. The caller should provide the following information: a. vehicle s make b. vehicle s model c. vehicle s color d. vehicle s license plate number e. vehicle s location f. nature of violation g. date and time of violation h. any other related information i. caller s name, address, and phone number (NOTE: The caller information is required if the HOA office needs to contact the caller for any follow-up information. This information is not passed on to the owner of the vehicle.) C. Resident Engagement of Tow Services 1. Any owner or resident who directly engages a tow company to enforce any provision of these guidelines shall bear full and complete responsibility for said action and shall agree to hold Singleton s Grove HOA, its Officers, members of its Board, and its Managing Agent harmless from any and all liability, costs, or fees they may incur in defending themselves for any enforcement actions undertaken which were not directly authorized by the Managing Agent. 2. The ONLY circumstances warranting a resident the right to have a vehicle towed is when the subject vehicle is either parked in that resident s Reserved parking space or blocking their driveway/garage without permission. Residents must have a copy of the license for the Reserved space as verification of their authority to tow from that Reserved parking space or evidence of their residence for driveway/garages. Residents are hereby advised that they solely assume all responsibility and liability associated with towing the vehicle. 3. Residents opting to have a vehicle towed from their Reserved parking space or driveway/garage are responsible for making all arrangements directly with the towing company. This includes: 1) making the initial call to the towing company, 2) providing a copy of the license for the Reserved space or proof of residence for driveway/garage as verification of their authority to have the vehicle towed, and 3) signing the impound form. A resident may contact the towing company of his or her choice. The contractor currently retained by Singleton s Grove HOA is Battlefield Towing and Storage Inc., Willard Road in Chantilly, Virginia at (703) All towing and/or storage fees will be at the expense of the vehicle owner. D. Vehicle Violation Penalties 1. Fire Lane/Fire Hydrant Violation Penalties These vehicles are subject to immediate ticketing and/or towing by the HOA and/or Fairfax County Police and/or Fire Marshal at the expense and risk of the vehicle owner. 2. Public Thoroughfare Violation Penalties These vehicles are subject to immediate ticketing and/or towing by Fairfax County Police at the expense and risk of the vehicle owner. 3. Reserved Parking Space Violation Penalties These vehicles are subject to immediate towing as initiated by the HOA and their Managing Agents and/or the assignee of the Reserved parking space. The towing is at the expense and risk of the vehicle owner. 4. Permit Only Parking Space Violation Penalties When a vehicle is parked in violation of the Permit Only parking space regulations, it may be towed without warning and without any grace period. All tows will be at the risk and expense of the

9 Singleton s Grove HOA Parking Regulations Page 9 vehicle owner. 5. Open Parking Space Violation Penalties When a vehicle is parked in violation of the Open parking space regulations, the HOA will either: (1) place a warning notice directly on the vehicle; or (2) send the owner of the vehicle a warning letter; or (3) send an to the owner in the event that the HOA has access to the vehicle owner s address. The warning notice is a final notice that the vehicle in violation and will be towed if it is not removed from the parking space within twenty-four (24) hours of the warning. Any vehicle which has received a notice of violation may be towed without warning if it is ever again parked in violation of the Open parking space regulations. All tows will be at the risk and expense of the vehicle owner. 6. Other Vehicle Violation Penalties These other violations include, but are not limited to: recreational vehicle violations, commercial vehicle violations, abandoned/junk vehicle violations, and vehicles with expired license plates, and/or state inspection decals. REFERENCES Fairfax County Code Chapter 82 Article 5 Section 1 (82-5-1).