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Virginia Landmarks December 2, 1998 | Fairlington Historic District Green Condo Association | National Register March 29, 1999 |
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Fairlington Green Condominium Association Updated Reprinted TABLE OF CONTENTS Dear Co-owner/Resident, On behalf of the Fairlington Green Council of Co-owners, welcome to the neighborhood! We believe you will find Fairlington Green a great place to live. This Handbook has been put together to make the adjustment of new owners, like yourself, as smooth as possible. The Handbook, together with the Association's By-Laws, provides invaluable information about Fairlington Green. Condominium living has many advantages, but it also involves some restrictions. We can't do everything we might want to do because the property is owned jointly by many individuals. This Handbook outlines those restrictions but more importantly provides information on day to day living here in the Green. We ask all residents to read and abide by these guidelines to maintain the peace and harmony within this great community. In addition to the Handbook, we urge you to read the Fairlington Green newsletter each month to stay abreast of the latest changes. Volunteers are a big part of Fairlington Green. The Board of Directors and Committees are all volunteers. We encourage you to volunteer for anything that suits your interests or talents and look forward to your active participation in the community. A. General InformationFairlington Green is one of seven separately governed condominiums in the Fairlington community. It is comprised of 169 residential townhouse and apartment units on 12.4 acres. The property includes a swimming pool, one tennis court , and a children's play area. Each of the units is privately owned, but the buildings and surrounding grounds are held in common. Condominium policies are determined by an elected Board of Directors. The Board hires a company to manage essential day to-day operations and that company is responsible for designating a community manager and assistant to oversee the operation of the community. The condominium association provides a variety of services, including the cost of water and sewer, trash and recycling collection, lawn care, and maintenance of the exterior of the buildings. Co-owners are not permitted to make structural alterations to a unit interior, such as walls, floors or ceilings without a written variance from the Board. The governing documents of the condominium are provided to co-owners at settlement and include the Master Deed and By-laws of this Association and other pertinent information as required by law. Co-owners are strongly encouraged to read them as they explain their rights and responsibilities as co-owners. A condominium works best when co-owners actively participate in its affairs. Co-owners should attend the annual meeting which is held in the fall of each year . Advance notice of the annual meeting, with the proposed budget, and a proxy are provided to all co-owners. A quorum of over 50% of the co-owners is required in person or by proxy before an annual meeting can be convened. After the meeting convenes a majority vote of the co-owners present is required to approve the operating budget and elect new Board members at this meeting. It is therefore essential that you attend or return your proxy as stated in the material provided. Co-owners are welcome to attend the monthly Board meetings and are encouraged to serve on any of the several working committees. The Board also produces and distributes a newsletter, Green Leaves, that contains items of community interest, the dates of upcoming meetings, and the names and telephone numbers of Board, members, committee chairs, and the community manager. On the eve of America's entry into World War II, President Franklin D. Roosevelt called in Houston architect Kenneth Franzheirn to design housing for wartime executives who would be working in and around Washington. Franzheirn was allowed his choice of skilled workers and access to scarce building materials. He was also provided the funds necessary to assure that it was a first-rate job. The average cost of each building was initially $10,300. On a 340-acre site in Arlington, Franzheim created a rental project that contained 10 units per acre, avoiding most of the normal construction of wartime emergency housing that was done during this period. Instead of using a grid design, he clustered units in varied patterns. He predominantly used a square U cluster enclosing a courtyard, long rows of units with varied roof lines and entrance ways, and often alternating the design with short rows set at angles to the longer rows. Between the cluster were expanses of lawn and scattered trees which still exist today. In 1947 the government sold the project to two Texas businessmen, Leo Corrigan and Leland Fikes. Under their management Fairlington became the first residence for many newly appointed and elected government officials. In 1959 Corrigan and Fikes decided to dissolve their partnership. They drew up a contract stating that one partner would receive the $15 million plus in stock that controlled the project and the other would receive all of the available cash of approximately $4 million, using a coin flip to decide the outcome. Fikes won the toss and the stock, and named one of his executives, Walter J. Hodges, to be the general manager. Hodges continued the policy of fostering community spirit among the tenants by providing money for activities such as baseball and football teams, arts and crafts, shows, holiday parades, an amateur theatrical group, and a newspaper. Fikes, died in 1966, and two years later his estate sold Fairlington to Hartford- Fire Insurance Company. Hodges and another former Fikes executive, J.D. Lee, became minority stockholders. In 1972 Hartford sold the projects to Chicago Bridge and Iron Corporation, an international builder of heavy engineering structures ' for approximately $58 million dollars. Hodges and Lee again became minority stockholders as well as officers of the new entity, CBI-Fairmac Corporation. Hodges as president, and Lee, executive vice president and treasurer, began to convert Fairlington into seven condominium villages. Walter Hodges died in 1978, just as the rehabilitation of Fairlington was completed. In 1976 Hodge wrote "We live here because we love it". His sentiments are true today. Fairlington Green is the South Fairlington condominium group which is comprised of addresses located on 32nd Road and 32nd Street, 33rd Street, S. Stafford , and Utah streets, and is also identified as Village 2. The association is composed of 169 unit owners (co-owners) within the condominium, including non-resident as well as residents. All co-owners comprise the Council of Co-owners. The Council has an undivided interest in all common areas which include the buildings, lawns, parking lots, and recreational facilities. They have the ultimate responsibility for administering the business of the Green through the election of a Board of Directors who are entrusted with the overall management responsibilities for the condominium association. The Green is governed by a Board of Directors composed of five co-owners who serve as president, vice-president, secretary, treasurer, and member (s) at large. Directors are elected to staggered terms at the annual meeting of co-owners held in the fall. The Board is responsible for enforcing the Bylaws, authorizing and approving expenditures, setting condominium fees, and hiring the management agents and maintenance contractors as made be needed or required. Board meetings are held monthly and are open to all co-owners. The Board hires a professional management company to perform administrative functions. The company designates a community manager and assistant and they are responsible for supervising the contractors and responding to co-owner and resident inquires, and needs. The Board from time to time establishes committees to advise, help formulate, and enforce the policies of the Green. Because much of the self-governance of the Green takes place through committees, volunteers are essential. The more that people are actively involved, the greater the likelihood that decisions reflect the desires of the co-owners. If you wish to devote some time to this worthwhile effort, contact a Board member or the appropriate committee chair listed in the Fairlington Green newsletter called Green Leaves. The Council holds an annual meeting generally in September or October as required by the By-Laws. At this meeting the Board presents the annual budget for approval and new Board members are elected. The Board proposes a budget to the co-owners that includes both operating and reserve funds. The budget must be voted on at the annual meeting. The fiscal year runs from October 1 to September 30. Fairlington Green currently maintains a special reserve account that includes monies for building restoration, common hallways, roofs, walkways, parking lots, pool, fences, sewer lines, and recreational facilities (tot lot and tennis court). A breakdown of the accounts are detailed in the annual budget. if you have specific question, contact the Treasurer or Community manager. The major source of income for Fairlington Green is the monthly assessment fee that is paid by each co-owner. These fees are due on the first day of each month. The Board may assess a late fee in an amount to be determined and in accordance with the By-Laws of the Association if a condominium fee is not been received by the 5th of the month. Questions concerning the fees should be directed to the Community manager. The master insurance policy is comprehensive and provides wide-ranging coverage of the overall properties, including the common property, and the various forms of liability that may be deemed necessary. The master policy also covers some property elements within each unit, such as original fixtures, hardwood flooring, built-in cabinets and appliances. Additions or alterations within a unit, such as replacement of appliances, wall coverings, cabinetry, flooring or rugs, owner-installed lighting or window effects, or storm windows or doors, are the responsibility of the individual co-owner or occupant. These items may be specifically endorsed and added to the individual unit's property and liability insurance policy. All insurance policies for Fairlington Green are underwritten by A+ insurance companies through authorized insurance agents. The co-owner of a unit sustaining loss or damage to common property elements is responsible for any amount deducted by the insurance carrier from its payment made under the master policy. The Community manager, subject to Board review, determines liability for a loss. If a loss results from the negligence of the Council or its agents, the deductible portion will be treated as a common expense of the Council. If the Community manager is unable to determine the cause of the loss, the cost of the excess damage and deductible will be divided in equal shares between the affected co-owner(s) and the Council. Keep in mind that the insurance deductible is the responsibility of the co-owner. Resident co-owner's insurance should, at a minimum, include contents or real property coverage (for furniture, clothing, and personal effects) and liability coverage. A Condominium Unit Owners policy, commonly called an HO-6 Policy, is the most applicable form of coverage, as it contains all necessary and flexible elements of coverage. It is recommended that contents be covered for replacement value. Coverage for theft may also be included, as well as specific scheduling or listing of special value items (such as jewelry, collectibles, cameras, china and silver). The premises liability aspect of this HO-6 policy should be discussed with your insurance agent to ascertain property limits applicable to your personal needs. Non-resident co-owners have special insurance needs that deserve consultation with an insurance agent familiar with commercial and investment property underwriting. It should be noted that the HO-6 policy is not designated for use in. this situation. More flexible and applicable coverage such as liability and rental income loss should be taken into consideration when obtaining a specific policy. Also note that co-owners insurance normally will not protect the interest of a tenant. It is recommended that a lease require that the tenant obtain insurance as noted below for non-owning residents. This is considered essential to the community when a problem occurs in a tenant-occupied unit. Non-owning residents (tenants) should use a specific type of insurance policy for their needs, commonly called the HO-4 or renters policy. It provides many of the same property and liability coverage as for any homeowner, but it specifically covers the property and liability interests of the tenant. General Procedures for Filing an Insurance Claim
An independent auditor annually examines the books and records of Fairlington Green and provides a detailed written report to the Board of their findings and recommendations. Recreation passes are designed to ensure that tennis and pool facilities are used only by residents and authorized guests of owners or tenants. Application forms are mailed each spring to the co-owners of each unit with detailed instructions included. Co-owners are entitled to one pass for each person permanently residing in the unit. Co-owners who do not reside in their unit may relinquish the use of the facilities to their tenant. Non-resident co-owners or their tenants may use the facilities, but not both. Tenants of non-resident co-owners may obtain passes for themselves and each member of their immediate families, who reside with them. The application form is normally mailed to the co-owner, therefore, it is the responsibility of the tenant to contact the co-owner or his/her representative to obtain the application form. The application must contain the name, mailing address, and phone number of the co-owner of the unit or that of the co-owner's representative (such as real estate managing company) as well as all necessary information involving the tenant(s). Should you not receive the form, please contact the management agent. All residents are required to have a recreation pass to use the facilities. Children between 8 and 12 years of age are allowed in the pool alone if they have passed a swimming test administered by the Green's contracted senior lifeguard and have a signed parental consent form on file at the pool. Children under age eight (8) must be accompanied by someone over age 16. All swimmers must adhere to the rules and regulations as outlined or deemed appropriate by the lifeguard, the Recreation Committee, and the Board. A Guest Pass, good for 35 visits, will also be mailed to the resident of the unit at the same time individual passes are mailed. Should an individual's pool or tennis privileges be suspended for any reason, the Board may require the surrender of the Recreation Pass. The swimming pool is for the enjoyment and recreational activity of the residents of Fairlington Green and their guests. There are no fees for guests. The Board annually hires a pool management company which is responsible for the maintenance, cleanliness and safety of the pool area. Its employees are in charge at all times and authorized to enforce rules. At least one guard who holds an Arlington County swimming pool operator's license is required to be on duty during operating hours. Rules of operation and swimming hours are be posted at the pool. Due to liability constraints, no use of the pool will be allowed except during posted hours. This includes any special parties or functions within the confines of the pool area at any time. See attached of pool rules and regulation at end of this Handbook. Adults and children should be reminded of the need to respect the peace and property of those living in surrounding units. The following rules and guidelines should be observed:
D. Tennis Court Rules and Regulations Fairlington Green has a tennis court located adjacent to the pool. The tennis year normally extends from April I through October 31 , depending on weather conditions that may affect the surface of the court and prohibit use. A lock is on this court and the combination number is on the back of your Recreation Pass. The following rules, as approved by the Board of Directors, shall govern play for all residents. Co-owners and tenants should adhere to these rules and maintain a copy since one cannot be properly posted. Court use is strictly for Fairlington Green residents land their guests.
Rules for Reserved Play
CHAPTER 5. UTILITIES AND APPLIANCES Residents who experience a utility or appliance emergency should contact a qualified technician for help. Neither the Board nor the managing agent is responsible for resolving crises or problems involving interior problems of this nature. Example: a resident would call the fire department to put out a fire. The same holds that you should contact a plumber to fix a leaking dishwasher or sink. Nevertheless, emergencies should be reported to the community manager at the earliest convenience, especially if liability is a question or concern. Water is the most expensive item in the operating budget. Since there are no individual house meters, the Council covers the cost of water usage for all residents. You are encouraged to conserve and not abuse this costly resource. The biggest waste and abuse of water normally involves improperly operating toilets. Often the cause is a warped flapper ball (the "stopper" at the bottom of the toilet tank) or improperly set water levels. Problem signs include:
The water supplied to the exterior (outside) faucets is controlled by two valves. The one above the water heater in the utility room controls the water for the front faucet and the one for the back of the unit is located under the kitchen sink. Hoses should be removed from outside faucets, the water shut off and the faucets drained in advance of freezing' temperatures. Water remaining in the hoses can back up into the pipes and freeze, causing the pipes to burst. Burst pipes are the responsibility of the co-owner and can be costly to repair. The water supply to the unit can be shut off by closing the large blue-handled valve just above the water heater. For apartment units, the shut-off for the entire unit (actually for that side of the building) is in the ceiling of the basement hallway (see Paragraph 3 on Apartments). The Buckingham (upper) units do not have exterior faucets. The Barcroft (lower) units have one shut-off valve for the two exterior faucets located above the hot water heater in the basement laundry room. It is recommended that you alert other tenants and coordinate cutting off the flow. The water heater is located in the utility room under the lower level stairs in all townhouses and Barcroft units. In Buckingham units it is in the attic space. If you have no hot water, check the circuit breakers in the panel box. If they are correctly positioned, contact your plumber. The turn-off valve for hot water is located on a pipe leading from the water heater. The Council is responsible for paying for the electricity consumed in the common areas such as carriage lamps (along sidewalks), pool, and apartment building hallways and the porch light bulbs for the multi-family units. Individual units are metered and the responsibility of the resident. The maintenance, repair, or replacement of electrical systems and fixtures are the responsibility of the co-owner. This includes, but is not limited to exterior front and rear porch lights and photo cells, electrical fuse panels including components, interior lighting, wiring, outlets, switches, and all interior fixtures. In townhouses, the circuit breaker panel is on the back wall of the basement. Heating and cooling units are the responsibility of the co-owners. The equipment should be regularly inspected to ensure efficient operation and air filters should be changed or cleaned monthly. Regular attention will reduce energy costs. In each building, individual units drain into a common sewer line that runs into the main county sewer. If a backup occurs, the responsibility of the owner or tenant to contact a plumber to snake out the line. If problems persists, there may be a more serious condition and you should contact the Community Manager to discuss your findings. It is their responsibility to follow-up and report their findings to the Board. Normally, however, if the backup occurred as a result of a clog in a drain before its junction with the common sewer, the resident remains responsible for the cost. If the clog was in a common sewer line, the Council normally will reimburse the cost of the service. It is important that you maintain receipts and a record of any persistent problems. The Council will not cover the cost of damage to the inside of a unit as a result of any sewer backup. Make certain that your insurance policy includes coverage for this type of damage. To avoid problems with regard to the sanitary sewer system, you are encouraged to follow these suggested guidelines: DO NOT put grease down the kitchen sink drain. Soak up grease with paper towels in the event of a spill. The extra grease can then be put into a metal can, placed into a freezer to harden and into a sealed bag once cooled. You should then dispose of it with of your normal trash. DO NOT flush paper products other than toilet paper down the toilet. Toilet paper is made to dissolve in the sewer system; other paper products are not. Don't flush tissue, paper towels, disposable diapers, sanitary napkins, tampons holders, etc. DO NOT flush or dispose of kitty litter through the sewer system as it causes serious clogging. In the event of a serious problem, an external sewer line may have to be replaced at Council expense. This is an extremely costly process that can, in some instances, be avoided by following the suggested guidelines. Major repairs are costly to all and can easily deplete reserve funds. Our trash service will pick up normal household and garden waste that is put into sealed (closed) plastic bags. Our contract does not allow the pick-up of trash from individual trashcans. If trash cans are left out, they will be taken away as trash. Trash must remain in your patio or on your deck. It is your responsibility to place your trash in trash bags and place trash outside your fence, gate or deck prior to 8:00 a.m. everyday except Sundays and holidays. Residents must not include dirt, rocks, oil, flammable or hazardous substances such as house paint in trash. Do not put out trash the night before a normal pick-up. It attracts rodents, crows, and leads to the strewing of garbage which is unsightly and unsanitary. Please take pride in the neighborhood! Violators of the policy will be notified by the Community Manager to observe these regulations. Continued abuse may subject a violator to a Board authorized fine. Large and heavy items such as furniture, major appliances and building materials will be collected on the first Saturday each month. These items should be placed curbside and only in front of units adjacent to the county maintained street. If you have arranged for a special large item donation, please do not place the item(s) out more than one day in advance of the scheduled pick-up. Each Wednesday there is a special recycling pick-up for aluminum and tin cans, bottles, and plastics. Special containers are placed out each Tuesday in designated areas and marked for specific sorting. Newspapers may be put out on Wednesday mornings at these same locations. Please tie or bag papers so that the wind will not scatter them. Residents also may wish to consider doing their own re-cycling. A larger recycling center that takes magazines, large, flattened cardboard boxes, plastics, and bottles is located at Columbia Pike and Four Mile Run Drive. (Note: Please refer to the appended area map indicating the location of recycling points) Appliances are the responsibility of the co-owners. Refer to your manuals for instructions in usage and maintenance. The Green has six apartment buildings, each consisting of two Buckingham (upper) units and two Barcroft (lower) units with a common hallway. A contract service is responsible for cleaning the hallways.
To protect the basement against unauthorized entry and access to utility cutoffs, the door at the top of the stairs can only be opened by a key. The door must remain locked. Keys have been distributed to all residents and co-owners in each respective building. Additional keys can be obtained for a fee by contacting the Community Manager. Buckingham unit water heaters are located in the storage room next to the loft. This water heater receives cold water by a pipe running behind the loft area and next to the outside wall. The cold water pipe is subject to freezing even with the heat on in the unit. During extreme cold spells, residents should periodically check the temperature of the cold water in the kitchen. If the water is extremely cold, you should turn up the heat in the upper, units. The pipes should be properly wrapped and encased in electric coils designed for that purpose. If uncertain of conditions, one should allow the kitchen cold water to drip during extreme weather conditions. The grounds, being a common element, are maintained by a contracted grounds company. Individual co-owners will be held responsible for damage to the common areas caused by members of their household, tenants or guests. Residents, however, are encouraged to make and maintain flower beds and water them. Individual landscaping next to or inside your area enhances and improves Fairlington Green. The Council contracts with a professional lawn care company to perform periodic maintenance, such as cutting the lawn, edging, pruning, mulching, fertilizing, and environmentally spraying for weeds and bugs. Additional services may be added as needs arise. The proper care of our trees requires the services of a company specializing in professional tree services. The Board, in conjunction with the Landscape Committee, determines the annual needs, and budgets and contracts for the work. This usually includes fertilizing, pruning and spraying. Co-owners should not undertake such activities. The front and side beds around units are normally cared for by the Council and our lawn care contractor. If a co-owner or renter desires to add other plants and/or flowers to this area, they must assume responsibility for watering, weeding, fertilizing and other routine care. In previous years, the Board required that you sign a waiver which was kept on file and the grounds crew was instructed not to perform any maintenance activities on these beds. It was decided that the crews would still mulch, edge, and fertilize unless you specifically requested that it not be done. However, if a co-owner or tenant does not want trimming done, it is their responsibility to place red reflectors, commonly available at a hardware-type store, to indicate they are not to trim in that area. Extensions to the dimensions of existing beds requires a variance and must be approved by the Board of Directors. The Board will also consider any requests for replacement or removal of shrubs in the common area. The Board periodically arranges for new and replacement trees and shrubs, generally in the spring or fall when the weather is conducive to planting. Major plantings are usually budgeted as a separate line item. Owners may suggest plantings by writing to the Board in care of the Community Manager or to the Landscape Committee Chairperson. The lawn and tree care contracts do not include watering service. During dry periods, please take the time to give the landscaping water, especially to any new trees or plants. Your efforts help keep our community attractive and maintain property values. The best time to water is in the early morning if at all possible. Patios are limited common areas, set aside for exclusive use of the co-owner. Structures inside the area may be no greater than fence height, and patios must be relatively neat and clear of impediments. All vegetation within the fence is the responsibility of the co-owner and/or tenant. Trees and bushes must be trimmed and may not obstruct common areas or neighboring yards, and in general may be permitted to grow no higher than 20 feet. Climbing plants, such as ivy, are prohibited on building walls. Occasionally fence and gate repair or replacement is necessary. Contractors are asked to be careful, but the Green is not responsible for any damage to patio plants during fence maintenance. Co-owners are liable for damage to common property, including neighboring exteriors, caused by plantings within their patios. The Board may enforce the rule prohibiting trees to grow above the fence line, particularly if their root structures are judged to threaten building foundations or limbs rub abrasively against walls or roof tiles, or if they disturb a neighbor's enjoyment of his/her patio. Co-owners should consider the height and spread of a patio tree when they plant it. If a tree planted within a patio has to be removed due to height restrictions, or is found to be diseased, the co-owner is responsible for all related costs. The Green assumes no liability for loss or damage to articles stored in or on patios, terraces or storage areas. Wire or other material used to extend fences or gates to ground level may not be attached to the outside of the fence or gate. Structures such as storage sheds, bird feeders, flower boxes, or trellises within a patio must not exceed the height of the fence. Garden items such as tools and hoses, must not be attached to the outside of fences. Exceptions are noted in Chapter 9-B.2. In general, the Council shall provide architectural guidelines for the maintenance, repair and replacement of decks. Additionally, the Council shall also inspect decks for architectural compliance and determine the need for repair and replacement. It is the co-owners responsibility for the repair, maintenance and replacement of decks and their components. The repair, maintenance and replacement include, but are not limited to replacing any warped and/or rotted wood that is part of the deck as well as hammering down nails that have popped out. Maintenance includes the staining of the wood with the approved color, maintaining and replacing concrete footings and pedestals, posts, joists and joist hangers. For detailed information concerning deck guidelines, refer to Fairlington Green Council of Co-Owners Policy Resolution No. 95-03 - Maintenance, Repair and Replacement of Condominium Components. I. Satellite Dishes and Antennas In general, no exterior antenna, satellite dish, or other device for the transmission or reception of radio or television signs or any other form of electromagnetic radiation shall be permitted without the prior written approval of the Board. The Board may approve such a device if it will not be visible from the surrounding units, streets, or common elements of the Green. The proposed devices must be 24 inches or less in its dimension; be located in an area on the family unit where it is compatible with the natural setting of the unit and the condominium; designed to resemble other structures, devices, be adequately obscured from view by an acceptable visual barrier; of a color and material of the unit; not adversely affect the view, or lifestyle or the electromagnetic reception of neighbors; not be attached to the building or fence; and have no exterior wiring attached to the building or fence. The point of cable entry is allowed only on first floor. The owner shall be responsible for any damage to the unit or common area; obtaining any required state, local, or county permits and hold harmless the Council of Co-owners, the Board, and it's Agents for any claims or damages caused by installation of failure to maintain or properly use such device. Applicants may be required to install visual barriers, such as lattice or landscaping, around the device. For detail information refer to Fairlington Green Condominium Council of Co-Owners Policy Resolution No. 95-01 - Guidelines for Satellite Dishes and Antennas or amendments thereof. It is the responsibility of the Council to maintain, repair, and replace the common elements and following portions of the units: the bricks, steps, columns, sidewalks, roofs, gutters and downspouts, and the stairways and stairwells of the multi-family units. The Council shall also be responsible for the painting of the windows, window frames, doors, door frames, exterior shutters, dormers, soffits, as well as the exterior side of the fences and other exterior trim and lintels. The co-owner shall be responsible for the repair, maintenance and replacement of the stoop, front porch, doors, door frames, windows, window frames, glass panes and door and window mechanisms and accessories of their units. This includes, but is not limited to, the replacement of broken or cracked glass panes, any damaged wood that makes up the window, the entire window, window locks, sills, guides and any other mechanism, exterior doors, storm doors, locks, hinges, door knobs, door closures, door knockers, thresholds and weather stripping. Co-owners are responsible for their unit's interior maintenance in all circumstances. The Council will not pay for interior repair costs even if the damage results from an exterior problem. The Council does not necessarily maintain insurance coverage for problems that would be the normal responsibility of a homeowner. As such, co-owners and residents should obtain their own insurance to adequately protect their unit interior and exterior. (See Chapter 3 of this Welcome Handbook, Fiscal Policy, Paragraph D. Insurance). The Council maintains the roofs, gutters, walls, and caulking in such a state of repair as to keep water and other elements from entering the units. Unfortunately, water is impossible to keep out on all occasions. It is also often difficult to find the point of entry. Almost all materials are porous and will let water through if, it is allowed to stand in contact with the surface. Problems may be the result of a wind pushing rain, at unusual angles which can get under flashing or through louvers, or may be caused by any number of breakdowns of the structure or landscaping. Liability for water damage depends on the cause of the damage. If it is caused by a condition in a unit, the co-owner is responsible for repair and for any damage to the common elements. If water penetration is caused by a defect in the common elements such as grading, erosion, or common element, or drain back-up, the Council shall be responsible for repairing the defect and any consequent damage to the unit. In no case shall the Council be responsible for damage to a resident's personal property or improvements to the unit. Regardless of liability, residents should immediately report any problems to the Community Manager. (For details refer to Fairlington Green Council of Co-Owners Policy Resolution 1 - Water Penetration Liability) Residents can take preventive measures by inspecting the grounds and structures for signs of potential water entry. Make sure of the following:
There are other less obvious potential problems. For example, since our chimneys are actually attic vents, water may enter though their louvers. The metal roof vents also are potential entry points to wind-driven rain. Some units originally had common cellars with rear doors and stairways. The doorways were plugged with cinder block and the stairways filled with materials and earth. The repair and replacement of doors, including frames, knobs, knockers and mail slots, are co-owner responsibilities. A replacement door must be approved by the Board if it is to be a different style than the existing door. The Council periodically re-paints door exteriors as part of scheduled preventative maintenance. When this occurs, residents will be notified in advance and asked to leave the door ajar after painting to ensure the edges dry properly. Eight door colors have been approved: red, black, white, yellow, dark brown, light brown, light green, and Williamsburg blue. Other colors or stains require a variance from the Board. Co-owners who choose to paint their door should consult the Community Manager to ascertain the exact color and determine acceptability. In all instances, door sharing a porch must be of the same color and mutually agreed upon. Storm doors are permitted and encouraged (see Blanket Variances Chapter 9 of this Handbook) must be maintained and kept in proper working condition. A storm door that closes properly is essential to avoid wind or weather damage. Window repairs are the responsibility of the co-owner. Painting and caulking is the responsibility of the Council. Co-owners may replace windows according to the Blanket Variance Policy , but must request approval from the Board for any variance. Pests that are in a unit or between units, such as ants, mice, etc., are the co-owner's responsibility. Rodents can enter a unit if the dryer or basement bathroom vents are not properly screened. Some vents are located on the exterior wall near the ground and residents are responsible for securing. The Council will have wasp and bee nests removed from fences, porches and eaves as well as in the common area. If you notice or have a problem, please contact the Community Manager. The Council shall be responsible for maintaining and repairing the exterior of the foundations surrounding the units and will re-grade where necessary and repair the foundation in the case of water infiltration into the units if not attributed to owner negligence. If, in the opinion of the Board, the maintenance or repair to the foundation was not due to the negligence of the Council, then the expense of such maintenance or repair work will be assessed against the co-owner. Retaining walls and fences shall be maintained, repaired and replaced by the Council except where such maintenance, repair or replacement was due to the neglect or act of the co-owner, in which case the co-owner shall bear the cost. The Board may act to maintain, repair or replace any component or item which is the responsibility of the co-owner provided such is necessary to prevent damage to other units or the common elements or if the co-owner fails to perform such maintenance, repair or replacement after written request to do so by the Board or property management company. Any costs or expenses incurred by the Council while performing the co-owner's responsibility shall be at the co-owner's expense. Written notice by certified mail, the posting of such notice at the unit, or hand-delivery shall be considered reasonable notice. The Council will endeavor to provide the co-owner with notice prior to entering the unit. In the event of emergencies (i.e., circumstances when life or property is at risk) the Council shall perform any maintenance, repair or replacement deemed necessary to stabilize a condition that could effect other units or the common elements. During these emergencies the Council has the right to enter the unit without notice to stabilize the condition and all costs and expenses incurred by the Council while dealing with the emergency shall be billed to the co-owner. To maintain our community's architectural consistency, integrity and property values, all residents must abide by the conditions, covenants and restrictions set forth in the Master Deed and By-laws. No structural alteration or modification of a family unit or alteration of the exterior appearance of a family unit, or change to the limited or general common elements is authorized without a written request for a variance to the Board. (The variance procedure is described in Chapter 9.) In considering individual requests, the Board attempts to balance the preferences of individual co-owners with the interests of the community. This applies particularly to requests involving proposed changes to the common areas. The Board encourages co-owners to consider the same factors in deciding whether to request a variance. Absolutely no parking is permitted on grassy areas, sidewalks, or at driveway entrances so as to partially block the entrance or sidewalk. Parking lots are reserved for the use of residents and use is limited to motor vehicles. Boats and trailers must be parked on the street. Arlington County prohibits any type of parking on a street for more than 10 consecutive days. Vans and small campers are permitted to the extent that they do not exceed parking space lines or visually impair the spaces occupied by other vehicles. No unit may park more than one vehicle in any court lot at any time. Within each lot, the principle of one space per unit prevails. Guests must park on the street. 5. Spaces for Handicapped Drivers The Board will consider the allocation of specific reserved spaces to handicapped residents upon written request. Spaces shall be marked accordingly and illegally parked vehicles will be towed. Motorcycles and mopeds are considered motor vehicles and may not be driven or parked on sidewalks, grass or other non-paved common areas. They may, not occupy the same parking space as a full-sized motor vehicle. Motorcycles and mopeds may be stored in patio areas only if they are not regularly used. Frequent moving across lawns is to be avoided. Owners are allowed to store one motorcycle in their fenced yard, as long as it is operable and has current license plates and a valid County sticker. The Board has implemented placard (permit) parking in all parking lots. Each unit is allotted one placard that must, be displayed at all times and readily visible on either the rear-view mirror or front dash. The placards may be transferred between vehicles belonging to the same unit. Placards are issued annually to co-owners who are in good standing and current with all fees. It is the responsibility of the co-owner to collect and transfer the placard should the unit be rented or sold. In no instance will the Community Manager directly provide a placard to a renter. Unit owners will be assessed a $ 100 fee for lost or damaged placards. 8. Current Tags and Registration Vehicles parked in Fairlington Green parking lots must have current tags and registration. The Arlington County police have been granted permission to enter the property to enforce licensing and tag requirements. Vehicles without current state or county tags shall be considered abandoned and subject to towing, without further notice, and at the direction of the Board. The parking lots are intended for the active use of Fairlington Green residents and vehicle storage is not permitted. The Board may determine that a car is being stored even though it is moved within the lot. The owner of the vehicle will be notified of the determination, when possible, prior to authorizing towing. Where residents have noted a parking problem, they may wish to leave a note on the violator's windshield reminding the owners of the parking rules. Residents may also wish to contact the violator personally. In addition, a resident may, wish to provide the Community Manager or the Board with a written account of a parking problem, including the violator's name, address and the vehicle license number. The Community Manager or a Board member may request the violator to comply with the rules and/or authorize towing. The Board shall enforce these regulations to ensure the fair use of parking lots. The Board reserves the right to take any action authorized by the By-laws, including towing, when a violation has occurred. A violator may or may not have received a ticket in advance of towing. The Arlington County Police and the towing company have been informed that only Board members may authorize towing from a Fairlington Green lot. In the event a vehicle is towed, the violator should contact the towing company who's number is affixed to the parking lot signs located throughout the Village. Residents who have pets must prevent them from becoming a nuisance. Cats must not be allowed to roam freely as they may get into garbage, destroy a neighbor's plantings, or attack other cats that may be properly leashed. Dogs must be kept on a leash at all times as they can be a threat to property, adults, children, or other, animals. Dog excrement is offensive and a sanitary hazard. All dog walkers must scoop up after their pets. Feces should not be placed in storm sewers, flower beds, or left for trash pickup. Additionally, Arlington County has a strong leash law and all residents are subject to this regulation. The Board hopes that pet owners will cooperate with these reasonable rules and avoid the necessity of having to enforce the regulations. Please refer to Article 6, Section 6, paragraph 9 of the Bylaws which states: "In no event shall dogs be permitted in any of the public portions of the Project unless carried or on a leash. The owner shall indemnify the Council and hold it harmless against any loss or liability of any kind or character whatsoever arising from or growing out of having any animal in the Project. If a dog or other animal becomes obnoxious to other owners by barking or otherwise, the owner thereof must cause the problem to be corrected or, if not corrected, the owner, upon written notice of the Board of Directors, will be required to dispose of the animal."While it is preferable for Fairlington Green residents to settle matters related to pets amicably among themselves, a resident may seek recourse by writing to the Board.
Variance requests must be submitted in writing to the Board or the Community Manager. Variance requests will be accepted only from co-owners of units. In the event a tenant or other party wishes to request a variance, the unit co-owner must submit it on their behalf All requests must include the following:
The Board will advise the requester (petitioner) of its decision in writing within 30 days of receipt of the request. If additional information is required, another 30 day period may be imposed following the receipt of the additional information. The Board will make every effort to respond as soon as possible. It the Board denies a variance request, the requester may submit a written request for reconsideration within 30 days from in receipt of the denial. The Board will provide a final decision within 30 days. If denied, the Board will not consider the same or similar request for a minimum of one year unless circumstances have or are changed that would allow the variance. In establishing blanket variances, the Board eliminates the need to submit certain variance requests. Modifications not falling within a blanket variance are not necessarily prohibited but remain subject to notification and permission requirements set forth in the Master Deed and Bylaws, and within the procedure described above. The Board may repeal blanket variances. Previously approved alterations and modifications would be unaffected. The following blanket variances have been established: Co-owners may plant or improve the landscaping within their patio enclosures, provided that:
Co-owners may stain or varnish the interior of their fences with a clear or natural wood color. Any change to the exterior of fences is subject to standard variance procedures. 3. Front and Side Bed Landscaping Co-owners should be careful not to reverse the grade toward the units. Co-owners may plant or replace annual, biennial or perennial blooming plants or shrubs within flower beds, provided that:
4. Container and Hanging Plants Co-owners may use containers such as pots and hanging baskets to plant flowers or small shrubs on porches, provided that:
Co-owners may replace windows on the main and upper floors of their units within the following guidelines:
6. Storm/Screen Doors and Windows Co-owners may install storm or screen doors and windows, but may not use any type of plastic or similar weatherproofing that is visible in any way, provided that:
Co-owners may install plexiglass, plastic, wire mesh or nylon mesh covers, provided that:
A flag may be flown for special events or holidays for a reasonable temporary period, provided that it is securely affixed to the unit and does not obstruct the entry or windows of adjoining units. 9. Real Estate Sale or Rent Signs No unit owner or tenant shall erect or maintain any sign in, from or about any unit (including the window of any unit) or any common element or limited common element except for certain realty signs posted in accordance with following conditions. This prohibition does not apply to any signs posted or erected by the Association, by the management agent, or by a unit of government. It does not apply to any sign on a newspaper vending machine that identifies the newspaper contained, but does apply to third party advertising affixed to it. A co-owner may post one sign at a unit or authorize a real estate broker to do so provided the following conditions are met:
Further, this should not be construed to permit: 1) more than one sign; 2) any sign, -including directional, on a lawn or curb; 3) any sign affixed to any building; 4) any sign not directly in support or selling or leasing a unit, including the use of "sold", "leased&quo; or "yard sale" signs, or 5) any commercial sign other than the permitted realty sign anywhere in the Green. (Refer to Fairlington Green Condominium Council of Co-Owners Blanket Variance 6/95 - Blanket Variance for Realty Signs) 10. Alterations to a Unit Interior Co-owners may make certain structural alterations to a unit interior without requesting a variance provided that the change does not affect neighboring units and conforms with county and state codes concerning zoning, building, electrical work, plumbing work and environmental impact. Modifications that do not require a variance:
Variances must be requested for major modifications which include but are not limited to:
Major structural changes to a unit interior may require the acquisition of an architect's certificate, to be obtained at co-owner expense, attesting to the compatibility of the change to the building structure. 11. Brick Borders Around Existing Bedding Areas Brick borders around already existing bedding areas may be installed, subject to the following conditions:
The Board may consider alternative borders or creation of new bedding areas upon submission of a variance request. 12. Heating/Air Conditioning Lines Co-owners may install new HVAC lines provided they are located in the rear of units and, if run up the outside wall, placed beside down spouts. Alternatively, the lines must be enclosed in material matching existing materials. Penetration through the brick exterior must be caulked matching mortar color. The co-owner is responsible for the maintenance of the new installation, such as caulking and any leaks that develop because of the installation. Residents may write to the Board in care of the community management company concerning any alteration that appears to have been made without approval, that may not adhere to variance conditions, or that adversely affects a neighbor. |
