Association Rules >> Resolutions

WHEREAS, Article IV, Section 1 of the Bylaws provides that the affairs of the Association shall be managed by the Board of Directors; and

WHEREAS, Article VII, Section 1(c) of the Bylaws provides that the Board of Directors shall exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by the Bylaws, the Articles of Incorporation, or the Declaration; and

WHEREAS, Article VI, Section 9 of the Declaration empowers the Board to regulate parking on the Common Areas; and

WHEREAS, the Board has determined that it is in the best interest of the Association, the owners and the residents to promulgate rules regulating parking on the common areas.

NOW, THEREFORE, BE IT RESOLVED THAT the following rules are adopted with respect to parking on the common areas and are to replace all previous rules on this topic.

1. ASSIGNMENT OF PARKING SPACES
1. Parking Rights. Each Lot shall be entitled to the exclusive use of two (2) designated parking spaces for approved vehicles. Designations shall be made by the Board or the Parking Committee and the Board reserves the power to re-designate parking spaces to the extent deemed necessary in the Board's sole and exclusive direction.
2. Visitor Parking. Parking spaces not specifically designated for the exclusive use of a resident and those marked "VISITOR" shall be available on a first-come, first-serve basis to the approved vehicles of all guests of residents. spaces marked as "VISITOR" shall not be used for any vehicle owned or operated by a community resident.
2. PARKING RULES AND REGULATIONS
1. A. Use of Parking Areas. Parking areas shall be used solely for the parking of approved vehicles as defined herein. Vehicles may be parked only in designated parking spaces with only one vehicle to a space. Vehicles must be parked within the spaces provided and in such a manner as to not obstruct other parking spaces or impede access. It is absolutely prohibited to park any vehicle in a common area or private yard (front, back or side yard).
2. Approved Vehicles.
   1. Conventional Vehicles. Any conventional automobile, motorcycle, truck or van designed for and used exclusively for private passenger transportation and which is not specifically excluded elsewhere in this Resolution.

3. Prohibited Vehicles. The following vehicles shall be prohibited from being operated and/or parked upon the common areas:
   1. Commercial vehicles. Defined as any “for hire” vehicle or vehicle that has commercial signs, lettering, advertising and/or commercial equipment visible from or on the exterior. Commercial equipment includes, without limitation, exterior racks (except ski, bike or luggage racks), pipes, ladders or interior equipment such as supplies, propane, pesticide, fuel tanks, cabling, unsecured tools or supplies indicative of commercial use or inconsistent with the Association’s aesthetic appearance (except for brief deliveries of passengers or merchandise or while performing work or services for a resident or the Association).
   2. Recreational vehicles. Defined as any boat, boat trailer, motor home, trail bike, ATV, dune buggy, snowmobile, self-contained camper, mobile home, trailer, pop-up camper/tent trailer, horse trailer or similarly oriented vehicle. Private or public school or church buses are unapproved vehicles under both this definition and the definition of commercial vehicles.
   3. Inoperative vehicles.
   4. Unlicensed vehicles including, but not limited to, motorized bicycles, all terrain vehicles, mini-bikes, go-carts, mopeds, or dune buggies.
   5. Oversized vehicles. Defined as any vehicle that extends beyond and/or exceeds 85% of the width of the parking space. The parking space is defined as the area between two separator lines measured from the inside of the two lines.
   6. Other equipment and machinery.
   7. Vehicles undergoing extraordinary repairs or maintenance, (that which is not completed within one (1) day), painting, or the drainage of automobile fluids. The dumping, disposal or leakage of oil, grease, or any other chemical residual substance, or any substance or particles from holding tanks of any vehicles is not permitted on the common areas.
   8. Unsafe vehicles. Defined as any vehicle parked or stored unattended in a hazardous condition including, but not limited to, vehicles on jacks or blocks. 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.
   9. Stored vehicles. Defined as any vehicle parked in a visitor space, for a period of time longer than two (2) days.

   Any vehicle not falling into one of the above categories shall be permitted or prohibited by the Board on a case by case basis.

3. ENFORCEMENT
1. Notice of Violation. The owner of any vehicle not in compliance with this Resolution, and not specifically dealt with by immediate towing as set forth in the following paragraphs, shall be notified of the violation by the posting of a notice on the vehicle. If the vehicle is not brought into compliance by the time specified on the Notice, it may be subject to removal by towing. A record of such action will be entered into the Association’s records.
2. Conditions Warranting Immediate Towing Without Notice. Any unauthorized vehicle parked in a designated parking space, parked in such a manner as to obstruct ingress or egress into or out of a space, impairs the Association’s ability to maintain the common areas, parked in a posted fire lane or within fifteen (15) feet of a fire hydrant or in a designated fire lane, occupying more than one (1) parking space, parking perpendicular to the marked parking space or on a grassy area or sidewalk, impeding access to the sidewalk and/or sidewalk ramps or mailboxes, or constituted a safety hazard shall be subject to immediate removal without notification by a licensed towing company contacted by a Committee Member or a Board Member.
3. Subsequent Violations. Subsequent violations of the same provision of this Resolution by the same vehicle committed within any consecutive twelve (12) month period shall subject the violating vehicle to immediate towing without notification.
4. Additional Remedies. The Board reserves the right to exercise all other powers and remedies provided by the Association’s governing documents, the laws of Virginia or the County of Fairfax including, but not limited to, reporting said violation to a governmental agency.
5. Persons Authorized to Tow. Only a Member of the Board or a designated Committee may authorize towing of any vehicle. A resident reporting the presence of an unauthorized vehicle parked in his designated space must remain outside near the unauthorized vehicle to meet the tow truck operator to confirm that the vehicle to be towed is not authorized to occupy the designated space. The discretion as to whether to authorize towing of a vehicle rests exclusively with the members of a designated Committee and the Board of Directors.
4. LIABILITY
1. The Association assumes no responsibility for any damage to or theft from any vehicle parked, operated on or towed from Association property. All costs of towing and impoundment shall be the sole responsibility of the vehicle’s owner.
2. Owners shall be held liable for any expense incurred by the Association as a result of any damage done to the common areas by the user, repair or maintenance of their vehicle, or as a result of negligence in the use, repair or maintenance of a vehicle, whether on the part of the owner, his family, tenants, guests or agents.

ALDEN GLEN COMMUNITY ASSOCIATION

By:
________________________, President
Board of Directors

I hereby certify that the foregoing Resolution was duly adopted at a regular meeting of the Board of Directors of the Alden Glen Community Association, this _____ day of __________________, 2004.

________________________, Secretary
Board of Directors