Rules and Regulations

Updated 14 May 2009

OLDE GREENWICH COMMUNITY COUNCIL, INC.

ARCHITECTURAL CONTROL COMMITTEE

RULES AND REGULATIONS

In accordance with Virginia Property Owners Act of 1989 and Article IV of Covenants and Restrictions on all lots within the Olde Greenwich Subdivision, the Architectural Control Committee has the right to promulgate such rules and regulations from time to time which it deems necessary to maintain the appearance, safety, and sanitation of the lots and dwellings. All rules shall be binding on all parties who lease or own real estate in the Olde Greenwich Subdivision. Compliance with these rules and regulations does not relieve an individual from compliance with county or city ordinances.

All property owners are responsible for providing a copy of these rules and regulations to their renters/tenants. Failure on the part of the property owner to provide these rules and regulations WILL result in a $50.00 assessment against the property owner.

Property owners are required to provide detailed tenant information upon written request from the council. Failure to comply will result in a $50.00 initial assessment against the property owner, along with a $10.00 per day assessment for each day of non-compliance.

Written approval by the Architectural Control Committee is required for all changes to the lot and home whether it is painting, fencing, or adding or replacing major structures.

The costs and expenses of the abatement or removal of any violation of any of the rules and regulations contained herein shall be due to Olde Greenwich Community Council, Inc. and if unpaid shall become a lien upon the property affected.

I. BUILDING MAINTENANCE

  1. All townhouses, accessory buildings and structures shall be painted with an approved

combination of colors as needed.

    1. Colors for shutters and any exterior trim must be submitted and approved by the Architectural Control Committee.
    2. The rear of each townhouse shall be painted white, beige or light grey. Approved vinyl or aluminum siding must be kept clean and in good repair and must be white, beige or light grey.
  2. All townhouses shall have a properly maintained roof.
    1. Shingles shall be of an approved color.
    2. Missing or damaged shingles shall be replaced within thirty (30) days.
    3. There shall be no roof top antenna of any kind whatsoever (see exception below).
    4. Satellite dishes (max. 18”) may be installed at the rear of the property only, and residents must have written approval from the Architectural Review Board.
  3. All townhouses shall have properly maintained gutters and down spouts.
    1. Gutters and down spouts shall be properly maintained by painting and keeping them free of debris, rust, and mildew.
    2. Splash blocks or other effective methods for controlling erosion caused by water from down spouts shall be properly maintained.
    3. Defective or missing gutters and down spouts shall be replaced within thirty (30) days.
  4. All townhouses shall have properly maintained shutters on the front of the townhouse. End units are required to have shutters on windows on the side that faces the road.
    1. Shutters shall be appropriate with the size of the window and shall be kept clean and painted.
    2. All shutters must be uniform in appearance (all the same style) on each townhouse.
    3. Defective or missing shutters shall be repaired or replaced within thirty (30) days.
  5. All townhouses shall have properly maintained windows.
    1. All windows shall be kept clean, operational and trim painted.
    2. All broken windows shall be replaced within ten (10) days.
    3. No window shall be covered with foil, or any colored or reflecting material.
    4. No window shall have an air conditioner unit or protruding fan installed.
    5. Storm windows shall be permitted.
    6. Screens shall be properly maintained. Torn or defective screens shall be removed or replaced within ten (10) days.
    7. All windows shall have properly maintained interior window treatments (i.e., shades, blinds, curtains, etc.). Residents may elect to have no interior window treatments.
  6. All townhouses shall have properly maintained external access doors.
    1. All front and rear doors shall be kept clean, operational and painted.
    2. Storm doors and screen doors shall be permitted, but shall be properly maintained. Broken or defective doors shall be repaired or replaced within ten (10) days.
    3. Sliding glass doors shall be properly maintained. Broken or defective doors (including the screen) shall be repaired or replaced within ten (10) days.
  7. All townhouses shall have properly maintained external lighting.
    1. Front and rear porch lights shall be kept clean, painted and operational.
    2. Outdoor lighting fixtures shall be kept clean, painted and operational.
    3. Broken or defective lighting fixtures shall be repaired or replaced within ten (10) days.
    4. All seasonal lighting (i.e. Christmas) must be removed no later than ten (10) days after the Holiday.
  8. All townhouses shall have house numbers on the door trim that are clearly visible from the road. The Post Office may refuse service to any home without house numbers.
  9. All townhouses that receive door service form the Post Office must properly maintain the mail box or mail chute in accordance with postal regulations.
  10. No sign may be mounted on any townhouse, with the exception of one professional sign of not more than one (1) square foot in size or one (1) standard sized real estate sign, advertising the property for sale/rent.
  11. All approved structures (i.e., decks, sheds, porches, porch covers, awnings, etc.) must be properly maintained.

II. GROUNDS MAINTENANCE

All lots shall be properly maintained for appearance, safety, and sanitation, so as to enhance and to reserve the character of the Olde Greenwich Subdivision. Each owner and his/her tenants, invitee, guests and agents are jointly and severally responsible for maintaining the exterior, including the area inside the fencing, clean and free of trash and debris. Should violations occur, and not be corrected within the specified time frame, the Architectural Control Committee shall have the right to have such work done and the cost will be billed to the owner and become a lien against the property and a personal obligation of the owner.

  1. All lots shall maintain approved ground cover (i.e., grass) on the front, rear, and side yards.
    1. Grass shall be kept cut to a length of less than six (6) inches.
    2. All bare spots greater than one (1) square foot in size must be seeded. In the event that grass will not grow, alternate landscaping must be performed (i.e., mulch, decorative gravel, etc.).
  2. All approved hedges, shrubs, and trees shall be properly maintained.
    1. No hedge, shrub, or tree over three (3) feet high shall be allowed to be planted upon any lot which is located at the intersection of two streets. Any hedge, shrub, or tree which obstructs the view of an intersection shall be trimmed or removed within ten (10) days.
    2. All hedges, shrubs, or trees shall be kept properly trimmed. Hedges and shrubs shall be no taller than six (6) feet high. All poorly managed hedges, shrubs, and trees shall be trimmed or removed within (10) days.
    3. All stumps should be removed within a reasonable amount of time for appearance and safety.
  3. All fences or decorative walls must be approved by the Architectural Control Committee prior to installation.
    1. No fence or wall over three (3) feet high shall be allowed in the front yard of any lot.
    2. No back yard fence shall be over six (6) feet high. All enclosed back yards shall be required to have a gate for utility access.
    3. All approved fences and walls shall be kept properly maintained. All poorly maintained fences and walls shall be repaired or replaced within thirty (30) days.
    4. All approved fenced shall be on the lot and shall not block easement for access (a survey is recommended). The Architectural Control Committee is not responsible for determining what is easement on individual lots in Olde Greenwich. The Architectural Control Committee has the right and is explicitly given the right to remove any structure or portion of structure that extends into the easement area at the expense of the homeowner.
  4. No exterior clothesline or hanging device, except that of an umbrella type with a diameter not exceeding seven (7) feet, shall be permitted.
  5. All easements for installation and maintenance of utilities, drainage, and access to other lots shall be properly maintained (i.e., mowed, kept clear of debris, etc.).
    1. No structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, drainage or access to other lots.
    2. Sidewalks shall be made clear of snow within twenty-four (24) hours of the end of the snow fall.
    3. Power cords may not be run across sidewalks or into street areas.
  6. No household appliances shall be operated or stored on any porch, patio, or yard. All such appliances must be within an enclosed structure.
  7. All yards (front and back) shall be kept free of junk, trash, and debris, so as to provide a well kept appearance.
    1. Dead or fallen trees shall be removed within ten (10) days.
    2. Leaves and other dead vegetation shall be removed periodically.
    3. Trash must be stored in appropriate containers, at the rear of the property only. Garbage may be put out front on the day of collection, ONLY. Plastic bags are not considered appropriate for the storage of trash.
  8. All sidewalks shall be properly maintained.
    1. The installation of a sidewalk must be approved by the Architectural Control Committee prior to installation.
    2. All severely cracked or damaged sidewalks shall be repaired or replaced within sixty (60) days.

III. PARKING AREAS

All parking areas shall be properly maintained for appearance, safety, and sanitation, so as to enhance and to preserve the character of the Olde Greenwich Subdivision. Assigned parking is as deemed appropriate by Olde Greenwich Community Council, and as space permits.

1. All parking areas shall be maintained by the owner or resident of the lot which owns or

utilizes the area for parking.

a. Grass shall be removed from cracks in paved areas.

b. Broken curbs shall be repaired or replaced within thirty (30) days.

c. Leaves and other dead vegetation shall be removed periodically.

d. Parking areas shall be made clear of snow by the resident.

2. The following types of vehicles are NOT AUTHORIZED to be parked within the Olde

Greenwich Subdivision and will be subject to IMMEDIATE towing:

a. Any vehicle with a GVWR of 10,000 lbs or over (contact Office with

questions)

b. Any vehicle that constitutes a safety hazard (i.e., exposed tools, fuel tanks,

etc.)

c. Any vehicle with more than two axles, or more than four wheels/tires.

d. Trailers, any make or model.

e. Recreational vehicles (RV’s).

f. Boats, other than small canoes, kayaks, etc. that do not use a trailer and may be

stored in the back yard.

g. All off-road vehicles must be stored in an enclosed structure (i.e., shed).

3. No inoperable vehicle or vehicle without current state license plates or current state

inspection sticker shall be allowed to park within the Olde Greenwich Subdivision.

  1. Vehicles with one (1) or more flat tires shall be repaired within three (3) days or

will be towed.

  1. Vehicles with broken windshields, side, or rear glass shall be repaired or removed within three (3) days, or will be towed.
  2. Vehicles with no valid state license plate shall be towed immediately, with NO WARNING.
  3. Vehicles with no valid state inspection sticker shall be towed immediately, with NO WARNING.

4. All vehicles shall park in approved parking areas.

a. Vehicles (including motorcycles) shall not park in the front, back, or side yards.

b. Parking is not permitted in such a manner as to obstruct fire lanes. All roadways in

Olde Greenwich Subdivision are considered fire lanes. Any vehicle found parked

in such areas will be towed immediately.

c. Due to the limited number of parking spaces available throughout the community,

no more than three (3) vehicles shall be permitted to be parked in the subdivision

by the residents of a given lot, without prior approval by the council.

5. No driveway(s) or unauthorized parking area may be constructed, without written approval

of the Architectural Review Board.

IV. COMMON AREAS

All common areas, those areas owned by Olde Greenwich Community Council, Inc., shall be properly maintained for appearance, safety, and sanitation, so as to enhance and to preserve the character of Olde Greenwich Subdivision. All common areas of Olde Greenwich are CLOSED to the public/residents from sundown to sunup. Violators will be considered trespassers and subject to legal action accordingly.

  1. The use of unlicensed vehicles shall not be permitted on any roadway, parking area or common area in the Olde Greenwich subdivision.
  2. No glass bottles shall be permitted in the recreational areas (pool, tennis court, and play ground).
  3. The recreational areas and common areas are closed after dark, unless the specific use of an area is approved by the Board of Trustees.
  4. There is no loitering, at any time, on common grounds, with the exception of designated play areas, for appropriately aged children (under 12 years of age).

V. NOXIOUS OR OFFENSIVE ACTIVITIES

All activities shall promote the health, safety, morals, and general welfare of the Olde Greenwich Subdivision.

  1. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot.
    1. Dogs, cats, and other household pets may be kept provided they are not kept, bred, or maintained for commercial uses.
    2. All dogs must wear a collar and be licensed.
    3. All dogs must be in control of the owner or a custodian at all times.
    4. Dog owner may use the common area for the relief of pets, not other residents’ property.
    5. All approved animal pens and fenced in areas that contain animals must be cleaned and maintained to control noxious odors (liming and feces removal is recommended).
    6. Dogs that continually bark, whether during the day or night, will be treated as “noxious or offensive” and any action necessary to relieve such activity will be undertaken against the property owner where the activity takes place.
  2. No tents may be erected.
  3. Bags of household trash may not be stored in the front, side, or rear yard. Trash cans may be used and stored in the rear yard. Bags of trash may be placed in front of the townhouse on the day of the pickup by a commercial trash service.
  4. Noxious and offensive noise and/or activities shall not be permitted at any time. These activities shall be construed as a public nuisance and/or disturbance of the peace. This includes, but is not limited to, loud music, dogs, vehicle radios, etc. Excluded is the use of machinery necessary for the upkeep and maintenance of the property. The use of machinery shall be limited from 7:00 am until 9:00pm.
  5. Skateboarding, ball playing (of any kind) or the use of airborne objects shall not be permitted on any roadway or parking area of Olde Greenwich Subdivision.
  6. There will be no two-wheel bicycle riding, scooters or skating on sidewalks, yards, or between vehicles.
  7. Solicitation shall not be permitted in the Olde Greenwich Subdivision.
  8. PARENTS ARE FULLY RESPONSIBLE FOR THE ACTIONS OF THEIR CHILDREN AND/OR GUESTS.

VI. PROCEDURES

Applications for approval for any changes to the lot requiring approval shall be made to the Architectural Control Committee, in writing, accompanied by complete plans and specifications. The Architectural Control Committee is empowered to reject any plans and/or specifications which it does not deem adequate. The Committee’s approval or disapproval shall be in writing.

  1. Applications for approval must include enough information for the Architectural Control Committee to rule on the project.
    1. Any outside painting must be approved by the ACC prior to painting, even if the same colors are used: the application must include a color chip, brand name, color name and number for each color requested. The application must include the specific areas (i.e., siding, trim, door, shutters, etc.) to be painted for each color.
    2. All fences must be approved, prior to installation, including replacement fences: the application must include: a statement that the fence will be erected on the owner’s property and will not block any easements designated for access over lots, a scale drawing of the lot with the location of the fence and gates indicated, and specifications on the fence to be erected (i.e., type of fence-chain link, board on board, etc.), height of fence, type of gate(s) and other details like is it plastic coated, requires paint or stain, etc.
    3. All porches, sheds, decks, or other major structures (attached or unattached to the house) must be approved by the ACC prior to construction. The application must include: a scale drawing of the lot with the location of the structure and a drawing of the structure to determine the architectural style, specifications on the structure (i.e., type of structure, materials, color, etc.), and the name, address, and telephone number of the builder.
    4. All major landscaping must be approved by the ACC prior to construction.
  2. The Architectural Control Committee shall approve or disapprove the application within thirty (30) days from receipt of the application with the required plans and specifications.

VII. OCCUPANCY OF TOWNHOUSE UNITS

  1. No person shall permit the occupancy of a townhouse for any purpose other than the purpose allowed for single family residences under the ordinances of the City of Fredericksburg and the County of Spotsylvania, VA. No person shall permit the occupancy of a 2-bedroom townhouse by more than 4 related persons or occupancy of a 3- bedroom townhouse by more than 6 related persons. No person shall permit the occupancy of any townhouse by more than 3 UNRELATED persons.
  2. The Association must maintain an accurate list of Owners and Tenants.
    1. Owners shall notify the Association of any pending sale of a townhouse, the planned closing date, the settlement agent or attorney, and the full name of the buyer. Owners shall request preparation of the Disclosure Package at the same time.
    2. Owners shall provide a written list of all Owner’s tenants to the Association within 15 days of the occupancy of a townhouse by any tenant, and shall notify the Association in writing of all changes in occupancy within 15 days of any such change in occupancy.
    3. Children under the age of 15 years must be properly supervised at all times by an adult designated by the child’s parent or guardian. No person shall permit any child under the age of 15 to play or be in any part of the Common Area unless properly supervised by an adult. Children must be properly supervised such that the children do not constitute a disciplinary problem for the Association.

VIII. ENFORCEMENT

Community living requires the cooperation of all member of the community. To this end, the Board of Trustees has the power to establish, adopt, and enforce rules and regulations as outlined by the Virginia State Law and the Covenants and Restrictions, The articles of Incorporation, and the By-Laws of Olde Greenwich Community Council, Inc.

Periodically, the Architectural Control Committee of Olde Greenwich Community Council, Inc. shall make a survey of each lot in the Olde Greenwich Subdivision. This

survey is for the expressed purpose of documenting the condition of the property and

determining violations of the Community’s Rules and Regulations. A copy of each

survey shall be provided to the owner of each lot as a notice of any violations of the

Architectural Control Committee Rules and Regulations

  1. The property owner(s) will be given notice to correct any deficiencies within the allotted time frame. Failure to do so will result in an initial assessment of $50.00 with additional assessments of $10.00 per day, per violation, being levied against the property owner. Such assessments will be against the property owner, and the property, and will result in lien placement against the property and/or judgment against the owner, if left unpaid. Property owners are reminded that it is their responsibility to comply, not their tenants.
  2. The Board of Trustees has the power to require that a property owner give thirty (30) day notice to his/her tenant(s), should their tenant(s) be guilty of:
    1. a continual violation of any Rule and Regulation enforced within Olde Greenwich Community; or
    2. Engage in any illegal activities. We make special note of drug activities as the Community has a “zero tolerance” policy.

Proper notice must be supplied, by the Council, to the owner, with a copy to the tenant, with a reasonable amount of time given to correct the behavior, except for drug related violations, which result in immediate 30-day notice. Failure on the part of the property owner to act upon such notice will result in a daily assessment against the property and legal action instituted to remove the tenants. The property owner will bear the responsibility for all costs incurred for such actions.

  1. The Board of Trustees has the power to seek injunctive relief, court costs, and reasonable attorneys’ fees from the Circuit Court, in the jurisdiction that the owner’s land is located, against any member for violation of the Architectural Control Committee Rules and Regulations by the member or his/her family members, tenants, guests, or other invitee.
  2. Before such injunctive relief is sought, the member shall be given the opportunity to be heard and represented by counsel before the Board of Trustees. Notice of a hearing shall be hand delivered or mailed by registered or certified mail, to the member at the address of record with the Olde Greenwich Community Council, Inc. at least fourteen (14) days prior to the hearing.
  3. A majority of the members present, in person or by proxy, at an Annual or Special meeting of the membership, called in accordance with the By-Laws of Olde Greenwich Community Council, Inc. may repeal or amend any Architectural Control Committee Rule or Regulation.

___________________________________________ _____________________

Chairman, Architectural Control Committee Date

___________________________________________ _____________________

President, Olde Greenwich Community Council, Inc. Date

Community Council