Mount Air Conservancy

Policy Resolution No. 2

Architectural and Grounds Guidelines

In a townhouse development, any change to the exterior of ones home and property has a direct affect on neighboring homes as well as on the community as a whole. As homeowners seek to enhance their investments in their homes and community, maintaining compatibility with the integrity and original design of the community is essential. The guidelines are provided in an effort to conserve the natural beauty of the subdivided property, to insure its best use and most appropriate development, and to prevent the erection of poorly designed or constructed improvement. These guidelines amplify, rather than replace, the protective and restrictive Covenants of Article VI of the Conservancy Bylaws.

1. Authority

a. These guidelines have been reviewed and approved by the Mount Air Conservancy Board of Directors in accordance with the Association's by-laws.

b. Residents are reminded that the Protective and Restrictive Covenants of Article VI are legally enforceable. The wording, which follows in bold print is quoted from the Covenants for your reference.

ARTICLE VI, SECTION 5. THE ARCHITECTURAL CONTROL COMMITTEE MAY FROM TIME TO TIME ADOPT AND PROMULGATE SUCH RULES AND REGULATIONS REGARDING THE FORM AND CONTENT OF PLANS AND SPECIFICATIONS TO BE SUBMITTED FOR APPROVAL AND MAY PUBLISH AND RECORD SUCH STATEMENTS OF POLICY, STANDARD, GUIDELINES AND ESTABLISH SUCH CRITERIA RELATIVE TO ARCHITECTURAL STYLES OR DETAILS, FENCES, COLORS, SETBACKS, MATERIALS, OR OTHER MATTERS RELATIVE TO ARCHITECTURAL CONTROL AND THE PROTECTION OF THE ENVIRONMENT, AS IT MAY CONSIDER NECESSARY OR APPROPRIATE. NO SUCH RULES, . REGULATIONS, STATEMENTS,CRITERIA OR THE LIKE SHALL BE CONSTRUED AS A WAIVER OF THE REQUIREMENT OF THIS DECLARATION.

2. Purpose

The purpose of these guidelines is to:

a. Establish and enforce standards governing additions/modifications to homes and grounds within the community.

b. Prescribe procedures governing applications for the approval of additions/modifications to homes and grounds within the community.

c. Establish and enforce standards governing the use and general repair/appearance of homes and grounds within the community.

3. PROJECT REQUEST/APPROVAL PROCEDURES

Article VI, SECTION 1. NO BUILDING, FENCE, WALL OR OTHER IMPROVEMENTS OR STRUCTURES SHALL BE COMMENCED, DIRECTED, PLACED, MOVED ALTERED OR MAINTAINED UPON THE PROPERTY , NOR SHALL ANY Exterior ADDITION TO OR CHANGE (INCLUDING ANY CHANGE OF COLOR) OR OTHER ALTERATION THEREUPON BE MADE UNTIL THE COMPLETE PLANS AND SPECIFICATIONS SHOWING THE LOCATION, NATURE, SHAPE, HEIGHT, MATERIAL, COLOR, TYPE OF CONSTRUCTIONS AND OTHER PROPOSED FORM OF CHANGE (INCLUDING, WITHOUT LIMITATION, ANY OTHER INFORMATION SPECIFIED BY THE ARCHITECTURAL CONTROL COMMITTEE) SHALL HAVE BEEN SUBMITTED TO AND APPROVED IN WRITING AS TO SAFETY, HARMONY OF EXTERNAL DESIGN, COLOR AND LOCATION IN RELATION TO SURROUNDING STRUCTURES AND TOPOGRAPHY AND CONFORMITY WITH THE DESIGN CONCEPT FOR THE COMMUNITY BY AN ARCHITECTURAL CONTROL COMMITTEE DESIGNATED BY THE BOARD OF DIRECTORS.

a. All visible alterations and improvements to your home and property must be approved by the Architectural Control Committee (ACC) prior to starting any project. The ACC shall consider only written architectural change requests. Oral requests will not be considered. One copy of the application must be delivered to the Management Agent who will then submit them to the ACC. Written notification will be provided of the ACC's review (i.e. approval, disapproval or request for additional information).

b. Should a project have been started or completed without approval of the ACC, it is each homeowner's responsibility to submit to the ACC a post facto application detailing each of these project.

c. all changes must conform to the Fairfax County regulations, and a homeowner must have the necessary building permit, zoning verification and other pertinent documents. In additions, homeowners should contact utility companies to prevent damage to buried utility lines. These should be located prior to construction. Contact Miss Utility at 1-800-257-7777. Some projects will also require that consideration be given to drainage so those neighboring yards are not adversely affected. It is the homeowner's responsibility to comply with County and State regulations. Approval by the ACC does not relieve the homeowner of this responsibility. Approval by the ACC is related solely to compliance with Mount Air Conservancy Declarations and Rules and Regulations. ACC approval of and addition/modification in no way constitutes approval with regard to state or local building codes.

d. Homeowners will submit, in advance, a written project request, which contains detailed pertinent information on the proposed addition or modification. The request will include:

1. Street address, lot number and telephone number(s).
2. Detailed drawing to scale.
3. Pictures, if available.
4. Dimensions, including height, width, size and shape.
5. Color, if applicable.
6. Location.
7. Materials to be used.
8. Scheduled start and completion date.
9. Photographs and/or sketches of similar completed projects in the community, if applicable.
10. Copy of plat for fences, decks and major landscaping showing proposed location in relation to property boundaries.

e. Extraordinary request shall be subject to consultation with neighbors who would be immediately affected by the addition or modifications.

ARTICLE VI. SECTION 3. UPON APPROVAL BY THE ARCHITECTURAL CONTROL COMMITTEE OF ANY PLANS AND SPECIFICATIONS SUBMITTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, A COPY OF SUCH PLANS AND SPECIFICATIONS, AS APPROVED, SHALL BE DEPOSITED AMONG THE PERMANENT RECORDS OF SUCH COMMITTEE AND A COPY OF SUCH PLANS AND SPECIFICATIONS BEARING SUCH APPROVAL IN WRITING SHALL BE RETURNED TO THE APPLICANT SUBMITTING THE SAME.

f. The ACC review period, not to exceed thirty (30)days, shall commence upon receipt and entry of the application into the records. The date of entry shall be written on each application. Within the thirty (30) day review period, a homeowner shall be notified, via a returned copy of the application, if the proposed request has been approved, disapproved, or if additional information is required from the homeowner. The application shall be considered disapproved until the additional information is furnished. When the application is resubmitted with the new information, a new thirty (30) day review cycle begins.

ARTICLE VI, SECTION 2. IN THE EVENT THE COMMITTEE FAILS TO APPROVE OR DISAPPROVE ANY PLANS AND SPECIFICATIONS WHICH MAY BE SUBMITTED TO IT PURSUANT TO THE PROVISIONS OF THIS ARTICLE WITHIN SIXTY (60) DAYS AFTER SUCH PLANS AND SPECIFICATIONS (AND ALL OTHER MATERIALS AND INFORMATION REQUIRED BY THE ARCHITECTURAL CONTROL COMMITTEE) HAVE BEEN SUBMITTED TO IT IN WRITING, THEIR APPROVAL WILL NOT BE REQUIRED AND THIS ARTICLE WILL BE DEEMED TO HAVE BEEN FULLY COMPLIED WITH.

g. No response from the ACC within sixty (60) days, as specified above, shall constitute approval of the proposed modification.

ARTICLE VI, SECTION 4. CONSTRUCTION OR ALTERATIONS IN ACCORDANCE WITH PLANS AND SPECIFICATIONS APPROVED BY THE ARCHITECTURAL CONTROL COMMITTEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE SHALL BE COMMENCED WITHIN SIX (6) MONTHS FOLLOWING THE DATE UPON WHICH THE SAME ARE APPROVED BY THE COMMITTEE (WHETHER BY AFFIRMATIVE ACTION OR BY FORBEARANCE FROM ACTION, AS IN SECTION II OF THIS ARTICLE PROVIDED), AND SHALL BE SUBSTANTIALLY COMPLETED WITHIN TWELVE (12) MONTHS FOLLOWING THE DATE OF COMMENCEMENT, OR WITHIN SUCH OTHER PERIOD AS THE COMMITTEE SHALL SPECIFY IN ITS APPROVAL. IN THE EVENT CONSTRUCTION IS NOT COMMENCED WITHIN THE PERIOD AFORESAID, THEN APPROVAL OF THE PLANS AND SPECIFICATION BY THE COMMITTEE SHALL BE CONCLUSIVELY DEEMED TO HAVE LAPSED AND COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE SHALL AGAIN BE REQUIRED. THERE SHALL BE NO DEVIATION FROM THE PLANS AND SPECIFICATION OR DESIGN APPROVED BY THE COMMITTEE WITHOUT PRIOR CONSENT IN WRITING OF THE SPECIFICATIONS OR DESIGN SHALL NOT BE CONSTRUED AS A WAIVER OF THE RIGHT OF THE COMMITTEE TO DISAPPROVE SUCH PLANS AND SPECIFICATIONS, OR ANY ELEMENTS OF FEATURES THEREOF, IN THE EVENT SUCH PLANS AND SPECIFIC ACTIONS ARE SUBSEQUENTLY SUBMITTED FOR USE IN ANY OTHER INSTANCE.

h. Construction of homeowner's project shall commence within six (6) months of the ACC approval date and shall be substantially completed within twelve (12) months or within such other period as the ACC designates. Homeowners shall resubmit their plans and specifications to the ACC for approval should construction not commence within the approved period. A new application is required if a homeowner makes any modification to the approved plans and specifications.

4. PROJECT DISAPPROVAL

ARTICLE VI, SECTION 5. THE DECISIONS OF THE ARCHITECTURAL CONTROL COMMITTEE SHALL BE FINAL EXCEPT THAT ANY MEMBER WHO IS AGGRIEVED BY AN ACTION OR FORBEARANCE FROM ACTION BY THE COMMITTEE (OR BY ANY POLICY, STANDARD, OR GUIDELINES ESTABLISHED BY THE COMMITTEE) MAY APPEAL THE DECISION OF DIRECTORS AND, UPON THE REQUEST OF SUCH MEMBER, SHALL BE ENTITLED TO A HEARING BEFORE THE BOARD OF DIRECTORS OF THE ASSOCIATION.

a. If a project is disapproved, the homeowner is free to request that the ACC reconsider its position. The homeowner should present new or additional information which clarifies the request or demonstrates its acceptability, in the event the ACC and the homeowner cannot come to agreement on the proposed modification, the homeowner may appeal to the Board of Directors.

b. A variance may be granted in unusual circumstances. A variance is in exception to the specific guidelines in paragraph seven (7) which may be granted due to unusual shape, exceptional topographic conditions, or other extraordinary situations or conditions in connection with a specific piece of property when the literal enforcement of these guidelines would involve practical difficulties and cause undue hardship unnecessary to carrying out the spirit and intent of these guidelines, no variance shall be granted for projects undertaken without prior ACC approval.

c. Enforcement procedures as outlined in paragraph five (5) shall become effective if the homeowner proceeds with a project after notification that the project was disapproved by the ACC.

5. ENFORCEMENT

a. The ACC reserves the right to inspect the modification/addition to insure compliance with the approved plans.

b. When the ACC becomes aware of a violation of the architectural or grounds guidelines and covenants, the homeowner will be notified in writing and asked to correct the violation within a period of time specified by the ACC.

c. If there is not response to the initial notice, a certified letter, return receipt requested, will be sent to the homeowner requesting correction of the violation within ten (10) calendar days. No response can result in the ACC correcting the violation at the homeowner's expense or other appropriate legal action.

6. APPEALS

a. Homeowners may appeal an ACC decision in writing, to the Board of Directors and ask for an appeals hearing. Appeals should be submitted within fifteen (15) days of the initial notice of violation.

b. Both the homeowner and their representative from the ACC must be present at the hearing. Each will submit a written material concerning the disapproved addition or modification from the Board members to review prior to the appeals hearing.

c. A majority vote of the Board of Directors is required to overturn a decision made by the ACC.

d. The Board of Directors will notify the homeowner and the ACC of their final decision in writing.