THE VILLAS AT HUNTON PARK A LUXURY CONDOMINIUM COMMUNITY WITH MEMBERSHIP PRIVILEGES Rules and Regulations January 2012 THE VILLAS AT HUNTON PARK CONDOMINIUM UNIT OWNERS ASSOCIATION, INC. C/o Community Group, Inc. 3901 Westerre Parkway, Suite 100 Richmond, VA 23233 Telephone 804-270-1800 Fax 804-346-8640 Dear Owner Member, This handbook is designed to better acquaint you with The Villas At Hunton Park Condominium Unit Owners Association and to assure that you are provided with up-todate rules and regulations for living within The Villas At Hunton Park, a luxury condominium community, and the use of it’s facilities, which apply to all Villas At Hunton Park Unit Owners and their family members, tenants, guests and other invitees. The community regulations for The Villas at Hunton Park community were written by the Developer, Atack Properties in compliance with law, when the community was first established and are part of every Unit owner agreement for owner membership within The Villas. Community safety and property value preservation are two important goals and when achieved, will attract potential buyers for those who may need to sell their membership interest in The Villas at the highest property value possible. The Rules and ARC Regulations contained herein are effective as of December 1, 2011 and supersede all previously published Rules and Regulations. Sincerely, The Villas At Hunton Park Board of Directors TABLE OF CONTENTS THE ASSOCIATION A. Your Community Association – Its Purpose…. B. The Board of Directors……………………………. C. Association Membership Meetings…………….. D. Voting Rights……………………………………….. E. Assessments and the Budget…………………… F. Resale of Condominium Unit……………………. G. Architectural Control……………………… …….. Page 1 3 4 5 5 6 7 RULES AND REGULATIONS Rules and Regulations….…………………..………… 9 A. Specific Rules……………………………..………… 10 Pets and Animals……………….…………. 10 Personal Property & Decorations………. 12 Signs………………………………………….. 14 Solicitation/Garage Sales………………… 15 Storage/Placement………………………… 15 Utilities……………………………………….. 15 Noise and Nuisance Activity...………….. 16 Trash and Recycling…..………………….. 16 Grills & Open Flame Devices……………. 17 Parking & Vehicles….…………………….. 18 Condominium Unit Re-Sales……………. 20 Fees & Charges…………………………….. 21 B. Architectural Guidelines & Regulations.……… 23 Exterior Changes/Alterations………….. 24 Storm, Screen Doors…………..………….. 25 Entrance Doors…………………………….. 25 Garage Doors……………………………….. 26 Windows………………………….………….. 26 Exterior Lights………………….………….. 27 Fences…………………………….………….. 27 Privacy Partitions/Dividers…..………….. 28 Patios & Decks………………….………….. 29 Driveways/Walks/Stoops.……………….. 29 Satellite Dishes…………………………….. 30 Landscaping……………………..………….. 30 Mechanical Devices (A/C, Generators).. 31 Signs………………………………………….. 31 C. Clubhouse Pool Rules…………………………….. 33 Pool Schedule of Operation….………….. 36 Lost and Found…………………………….. 36 D. Clubhouse Fitness Center Rules…………..…… 37 E. Enforcement of Rules & ARC Regulations…… 40 F. Maintenance………………………………………… 44 GENERAL Maintenance & Service Responsibility Chart……. 45 Contact Information…………………………………… 55 THE VILLAS AT HUNTON PARK CONDOMINIUM UNIT OWNERS ASSOCIATION, INC. OWNER’S HANDBOOK A. Your Community Association – Its purpose As an owner within the community, you are a member, along with your neighbors, in the Association. All owners and non-owner residents are subject to the Association’s Declaration, By-Laws, and duly adopted and promulgated rules and regulations. Our Association is essentially a community “government” which the Unit Owner Board members operate. The Association is a non-stock corporation with certain duties and responsibilities to its members. These include maintenance and regulation of the Common Areas and Common Elements which are owned in common by all members. Payment for the maintenance, taxes, and insurance on the common areas, is accomplished through assessments on each Unit. The quality and extent of maintenance and recreational facilities are funded by this assessment, which is determined annually by the Board of Directors, whom after the Declarant control period ends, are elected by the Unit owners. Another key duty of our Association is the enforcement of rules and regulations and architectural control. Architectural control is divided into two areas affecting each Unit. First, no exterior additions or changes are allowed which conflict with the Architectural Guidelines or the Association’s Declaration or By-Laws unless there is prior written approval from the Board of Directors or duly appointed Architectural Control Committee. If any owner alters, changes, or redecorates the exterior of the premises before submission of plans to the Board of Directors as provided in Article VIII of the Declaration of Covenants, Conditions, and Restrictions (hereinafter referred to as the Declaration), the Board of Directors or duly appointed Architectural Control Committee, after a resolution, has the right, through its agents and employees, either by any proceeding at law or to enter upon such Unit or Common Element and take such steps as may be necessary to remove or otherwise terminate or abate such violation, and the costs thereof and reasonable attorney’s fees incurred thereby may be assessed against the Unit upon which such violation occurred, or against the Condominium Member and when so assessed, a statement for the amount thereof shall be rendered to the Owner of said Unit, at which time the assessment shall become due and payable and a continuing lien upon such Unit, and a binding personal obligation of the Owner of such Unit in all respects as provided in Article VI of the Declaration. Secondly, each owner must be aware of the exterior appearance of their Unit, because the Association has the responsibility to ensure that all Units are in compliance with the Association governing documents. Thus, architectural control is a group effort to ensure architectural standards and harmony as well as property values for the community are maintained. The Association is governed by statutes (i.e. the Virginia Property Owners Act and the Virginia Non-Stock Corporation Act) and its own governing documents. The governing documents are (in order of hierarchy) the Declaration of Covenants, Conditions and Restrictions; the Articles of Incorporation; the By-Laws; and any duly adopted Rules and Regulations. Dependent on certain issues, the Articles of Incorporation may take priority over the Declaration. Owners may contact the Associations Managing Agent to obtain additional copies. B. The Board of Directors After the initial Declarant control period, whereby the Board of Directors is made up of (3) persons appointed by the Declarant, the Board of Directors of the Association shall consist of a group of (5) persons elected in accordance with the provisions of the Association’s By-Laws. Essentially, the Board is the executive organ of the Association and is responsible for the operation of all facets of the Association that are not reserved to the Association members. The powers of the Board, among others, are to collect assessments, contract for services, and enforce rules and regulations and the other governing documents as authorized and required by the Declaration. In addition, the Board works to promote projects and activities which are in the best interest of the members of the Association. Those elected to the Board of Directors receive no compensation for their work or time in conducting the business of the Association as Board members. Except for the first Board of Directors that are elected at the first annual meeting whereby (2) are elected for 3-years, (2) for 2-years and (1) for 1-year, in the following years, members of the Board are elected to three-year staggered terms. A slate of candidates is established according to “Section 3.5 Nominations” of the current ByLaws. Members shall be elected at the annual meeting of members by written ballot of the Owners. The principle Officers of the Association shall be the President, Vice President, Secretary, and Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer and/or secretary and such other officers as in its judgment may be necessary. The President and Vice President, but no other officer, shall be required to be members of the Board of Directors. C. Association Membership Meetings All Unit owners are invited to attend the annual meetings to vote for Board members in accordance with available Board positions and to discuss any other Association business. Notice of any membership meeting is mailed to all Unit owners in accordance with the By-Laws. Attendance is strongly encouraged so that the business of the Association may be conducted and completed. D. Voting Rights At every meeting of the members of the Association, one (1) vote is assigned to each Unit. Votes are cast by proxy. No Owner may vote at any meeting of the Association, or be elected as a director or officer of the Association, if the Association has perfected a lien against his/her Unit which is not discharged at the time of the meeting, or there are any assessments against the Owner that are sixty (60) days past due. E. Assessments and the Budget Any assessment levied must be paid within 15 days of its due date. Late payments may be assessed a late charge and/or interest. If any delinquent account is referred to an attorney for collection, any applicable interest, costs and reasonable attorney’s fees of not less than twenty percent (20%) of the sum claimed shall be added to the delinquent owner’s account balance. The annual assessment is levied against each Owner in order to finance the budget of the Association. Additionally, special assessments may be required and levied for specific capital improvements or unforeseen events. The annual assessment is used exclusively to promote the recreation, health, safety, welfare of all residents in the community and for the improvement and maintenance of the Common Area and Common Elements. Annual and special assessments, including any interest costs and attorneys’ fees, are a continuing lien against each Unit until paid. Assessments are also the personal obligation of the Owner of each Unit when the assessment is due. An unpaid assessment may result in a lien or foreclosure of lien being filed against your Unit. Also, any owner, after notice and hearing, in violation of a typical Rule or Regulation or in default of the payment of any assessment levied by the Association, the Board of Directors may (1) suspend the right to vote, or use facilities or services provided by Association, and (2) assess charges against the Unit owner. F. Resale of Condominium Unit Always notify the Association when you are planning to sell your Unit and, when it is sold, provide the Association, through its Managing Agent, with the full name, address, and the business and home telephone numbers of the purchaser. In addition, no less than ten (10) days prior to the closing of a condominium Unit, an owner (seller) must contact the Association in writing and request that a “Certificate of Resale” be prepared for the purchaser as required by the Virginia Condominium Act for all condominium resale’s. A “Certificate of Resale” provides the purchaser with information concerning the Association’s financial status, the By-Laws and the Rules and Regulations of the Association. G. Architectural Control Authorization for architectural control by the Association is set forth in Article VIII of the Declaration. Architectural control is exercised through the duly appointed Architectural Control Committee or by the Board of Directors. For the purpose of these Rules and Regulations, the Architectural Control Committee is referred to as either the Architectural Control Committee (ACC) or Architectural Review Committee (ARC). The primary purpose of architectural control is to provide for a harmonious and aesthetically pleasing appearance throughout the Villas at Hunton Park community, to preserve everyone’s property values, and to protect the buildings and facilities from misuse and damage resulting in increased expenses to the Association. It is not intended to restrict individual choice, but rather to provide for a consistent uniform appearance throughout the community by which individual Unit Owners may improve their surroundings, not only for their own enjoyment but also for the enjoyment of all. It is hoped that this handbook will serve as a quick and easy reference to most of the information needed to generally understand how the Association operates and to provide the Rules and Regulations and expectations of every owner and resident within the community. Of course not every aspect for the operation of the Association or its governing documents, the Declaration, By-Laws, and Articles of Incorporation can all be included in this handbook. For additional and complete details please refer to the governing documents themselves. THE VILLAS AT HUNTON PARK CONDOMINIUM UNIT OWNERS ASSOCIATION, INC. RULES AND REGULATIONS The following Rules and Regulations have been adopted by the Board of Directors and which must be complied with by all Unit owners and their family members, tenants, guests or other invitees. These Rules and Regulations expand upon and outline the information found in the Declaration and Bylaws under which the Association operates. These Rules and Regulations are subject to change at any time by resolution of the Board of Directors as permitted by The Villas’ governing documents, and are intended to ensure that the community will be a more attractive and harmonious place for all in which to safely live. Conditions existing in violation of Article VIII of the Declaration, ARC guidelines, or the specific rules and regulations which follow must be promptly removed or abated. Further action, including assessing charges, by the Board of Directors may be taken if the violation is not corrected, terminated or abated, after written notification of the violation is delivered to the Unit owner. Other violations may be handled differently such as for parking where no notice is required. See Enforcement of Rules for further details. The Board of Directors or duly appointed Architectural Control Committee, after a resolution, has the right, through its agents and employees, either by any proceeding at law and/or to enter upon such Unit or Common Element and take such steps as may be necessary to remove or otherwise terminate or abate any violation, any exterior addition, alteration or improvement to a Unit which was not approved or not constructed according to an approved architectural request and the costs thereof and reasonable attorney’s fees incurred thereby may be assessed against the Unit owner. In case of conflict between these Rules and Regulations and the Declaration, the Articles of Incorporation, or the By-Laws, it is the Declaration, the Articles of Incorporation, or the By-Laws that will take precedence. A. Specific Rules 1. Pets and Animals 1.1 The maintenance, keeping, boarding, or raising of animals, livestock or poultry of any kind, regardless of number, shall be, and is hereby, prohibited within any Unit, except that this shall not prohibit the keeping of no more than two (2) of dogs, cats, or caged birds as domestic pets, provided they are not kept, bred, or maintained for commercial purposes. An owner may have up to three (3) animals (Henrico County limit) with prior written consent from the Board of Directors. 1.2 Henrico County laws and these rules require that all pets, when outdoors, must be under a responsible person's control and on a leash at all times. Such persons shall be responsible for the immediate clean up, removal and disposal of all solid pet waste in all areas. Do not dispose of pet waste in another residents or the clubhouse trash bins. 1.3 Animals may not be walked on the clubhouse or model grounds, the islands within the community, the mailbox areas, or close proximity (8’-10’) in front, side or behind any other residents Unit or mulch beds. Pet urine kills the plant life. We suggest you walk your dog in your own Unit’s immediate grass area, near the tree line, other open common areas away from buildings or down the street to outside the community. 1.4 No animal shall be tied, staked, chained, or tethered outside in the lawn, balcony, deck, or patio or common areas or common elements. Nor shall pets be allowed to roam loose outdoors. This includes cats. 1.5 An Owner who keeps a pet or whose family member, tenant or guest brings a pet into the community shall be subject to these same rules and shall be liable for any damage or injury to persons or property to the extent caused by such pet. 1.6 Unit Owners in which pet resides may be charged for violation of these rules at the rate of up to $50.00 for each offense. If any pet becomes an annoyance or nuisance to the neighborhood or any other community resident, the pet may be ejected from the community at the opinion and discretion of the Board of Directors. 1.7 All residents shall be responsible for compliance with applicable Henrico County animal control ordinances. 2. Personal Property and Decorations 2.1 Prohibited Items No Owner shall place any item in or on any Common Element/Area (Unit exterior), any personal items including without limitation, such as: decorative/sports/seasonal flags and banners, bird bath or feeders, planting pots/urns, statue, statuette, yard or lawn ornaments, lawn/mulch edging, solar lights, artificial flowers, water hose/reels, furniture, tents, carts, toys, bikes, sleds, ornamental rocks & stones, bricks, stepping stones, wind chimes, swing sets, laundry poles or clotheslines, etc., except, in order to provide residents the ability to personalize their Unit’s front stoop/porch only (the concrete area immediately by the Unit front door which is limited common area), in addition to a door mat, up to three (3) decorative patio items (i.e. planting pot/urn/stand, small statue, bench) may be placed upon the front concrete stoop and one (1) decorative item such as a wreath may be hung on front door, but all items are subject to review and removal if any item is deemed in the opinion of the ARC or Board of Directors to be inappropriate. A Unit’s back patio, deck and immediate back yard area are for the exclusive use of each Unit owner for their personal enjoyment but must be kept in a clean, clutter free, and orderly manner. Clothing, laundry or any other item may not be hung on or over any railing, fence, patio or deck (including, without limitation, swim suits, towels, flags, and rugs). 2.2 The American Flag The American Flag may be flown or displayed following normal flag protocol. 2.3 Holiday Decorations Holiday decorations are permitted on the exterior of Units but Unit Owners accept all responsibility of any and all damage caused to any Unit’s exterior (including but not limited to, paint, trim, doors, windows, brick/rock façade, siding, lamppost, irrigation system, trees and plants), such as may be caused by rubbing metal, ladders, pins, nails, tape, stakes, or excessive weight. No holes are permitted to be made into the Unit exterior doors, roof, or walls (brick, rock or vinyl siding). No holiday decorations may be displayed for more than 30 days and must be removed within 7 days after the holiday calendar date. 3. Signs Except for private security system signage placed on the exterior of a Unit and not exceeding eight and one-half inches by eleven inches (8 1/2" x 11"), signs for traffic control or safety and such promotional sign or signs as may be maintained by the Declarant, a Builder or the Association, and with prior written Board of Directors approval, one (1) sign of not more than three (3) sq ft. to legitimately advertise property “For Sale” or “For Lease” (not “For Rent”) or containing a non-commercial message, no signs or advertising devices of any character shall be erected, posted or displayed upon, in or about any Unit, Common Elements or Common Areas. The Board of Directors reserves the right to rescind any approval, if such approval was based on misrepresented intent or purpose. See ARC conditions for sign approvals. 4. Solicitation and Garage Sales Solicitation by commercial enterprises is not authorized within the community. Garage sales and tag sales are specifically prohibited. 5. Storage/Placement No resident shall obstruct any of the Common Elements or store or place anything upon any of the Common Elements unless in areas specifically designated for storage or placement by the Board of Directors. Any items found by the Board of Directors or the Managing Agent to be in violation of the foregoing may be removed without any notice being required. 6. Utilities Residents are responsible for maintenance and payment of separately metered water, sewer, gas, electric, cable television, telephone and for calling to initiate service on the date of Unit possession. 7. Noise and Nuisance Activity No resident may cause or engage in nuisance, noxious, unlawful, loud or offensive activity within the community, nor shall any use or practice be permitted which is or becomes an unreasonable source of annoyance to the right to peaceful enjoyment of other residents. Wind chimes emitting sound are not permitted. Residents should also be aware of the Henrico County noise ordinance. Any resident may call the Henrico County Police at 804-501-5000 to file a complaint or report suspicious activity. 8. Trash and Recycling Trash and garbage must be placed in tied/closed plastic bags and placed inside of approved lidded trash bin. Recycle containers may be of owner’s choice up to a 40 gallon capacity with attached secure fitting lids and marked for recycle. Large items like cardboard boxes must be cut to fit inside container. No trash bins or recycle containers are to be placed at the curb without a lid. Trash bins and recycle containers must be kept stored in Unit garages at all times, except may be placed curbside no sooner than after dark on evening before, and must be returned to the Unit garage on evening of, designated trash pick-up day. No burning of any trash, use of incinerators, and any unreasonable or unsightly accumulation or storage of litter, new or used building materials, or materials or trash of any other kind shall be permitted within any Unit (including patios, decks, porches, or backyard areas) or upon any Common Elements or Common Areas. 9. Grills, Open Flame Devices It is prohibited and unlawful as a class 1 misdemeanor in Henrico County to use any type of open flame device (including gas, charcoal, or wood burning grills, flame pits, tiki torches, etc.) on decks, balconies, or patios within 10 feet of any combustible material attached to a multi-family dwelling, and to store kerosene, gas, or LPG container(s) on or below any deck, balcony, patio, or any attachment (i.e. garage) to a multi-family dwelling as well as any stoop, doorway, hallway, or landing. All owner occupied buildings within The Villas condominium community are multi-family. 10. Parking and Vehicles 10.1 Unit Owners and their family members, tenants, guests or other invitees must observe and abide by all parking and traffic regulations adopted by and/or as posted by the Association and/or local authorities. No vehicles are to be parked on the streets or sidewalks, which are marked as Fire-Lane Tow-Away Zones within the community at any time. Vehicles parked in violation of any of the parking regulations or as posted are subject to being ticketed by Henrico County Police or Fire and towed without notice at vehicle owner’s sole risk and expense. Streets patrolled 24hrs/7days. Each Owner expressly agrees that if they or any member of their family, tenants, guests, invitees or licensees shall illegally park or abandon any vehicles, the owner will hold the Association harmless for any and all damages or losses that may ensue, and expressly waives any and all rights, notices, and resources in connection therewith that they may have under the provisions of state or county laws and ordinances. 10.2 The following vehicles shall not be kept within the community (including streets, driveways and units): unlicensed vehicle, junk vehicle, vehicle larger than a ¾ ton truck and/or with more than two (2) axles and not to exceed four (4) wheels, motor home, boat, RV’s, camping trailers, ATV’s, buses, work trucks/vans, vehicles with commercial sized hauling racks, business panel vans, tow trucks, any moving or hauling trailers (e.g. “UHaul” style, or for lawn equipment, etc,), or any vehicle with commercial advertising (except passenger vehicles designed for 2 to 7 passengers with a small business logo/lettering that is contained within the space of a single passenger side-door panel located on either or both left and right sides of vehicle are permitted to be kept parked within the owners garage or assigned driveway only). Commercial delivery/moving vans, while loading/unloading and commercial work trucks/vans when in the area to perform construction, service, or repair work, are an authorized exception, but may not be parked in the community overnight. 10.3 Parking by residents must be within the driveway or garage of the Unit in which the resident resides. Residents are not permitted to park in short term visitor parking spaces (the variable sized vehicle alcoves located throughout the community). Additional parking (1 space per vehicle) is available on the side or across from the clubhouse but not in front of the clubhouse unless using clubhouse. 10.4 Inoperable vehicles (with flat tires, expired license tags or inspection etc.), or vehicles which cannot be identified as belonging to a resident or a resident's invitee, which are parked in any Common Element for more than 48 consecutive hours may be towed off the premises at the vehicle owner's own expense. No repair work is permitted on vehicles in Common Elements (includes driveways) except for short-term emergency work (flat tire change, battery charge, etc.). 10.5 No motorized vehicle, including, without limitation, motorcycles, mopeds and ATV’s, may be used or maintained on the unpaved Common Elements, Common Areas or sidewalks. 10.6 No vehicle shall be parked in any manner which blocks access to any street, sideway or driveway. The speed limit within the Condominium is under 15 mph. Reckless operation, excessive speed, and parking or driving on the lawn areas is prohibited. 11. Condominium Unit Re-Sales Any owner who sells his or her condominium is responsible for: 11.1 Notifying the Association and requesting a “Certificate of Resale” per requirements of the Virginia Condominium Act. 11.2 Making certain all assessments are current. 11.3 Making certain new owners receive the Condominium Declaration, Bylaws and these rules and regulations. 11.4 Leasing of units: Each owner shall promptly (within 30 days) forward a copy of lease to the Board of Directors. 12. Fees and Charges The following fees shall be charged and/or imposed by the Association as applicable: 12.1 Default in Payment of Assessments. If any Owner defaults in the payment of any Common Expenses, as such term is defined in the Condominium Instruments, or other sum assessed against such Owner or his/her Unit and the default continues for a period in excess of fourteen (14) days after written notice to the Owner and the opportunity for the Owner to be heard at a meeting of the Board of Directors of the Association, such Owner shall be assessed a charge equal to fifty dollars ($50.00) for a single offense or ten dollars ($10.00) per day for any offense of a continuing nature, from the due date thereof until paid, as more particularly set forth and in accordance with Virginia Code Section 5579.80:2. 12.2 Statement on Assessments. The Association shall charge any authorized person requesting a statement on assessments pursuant to Virginia Code Section 55-79.84 a fee of Ten Dollars ($10.00) as a condition to preparing the statement. B. Architectural Guidelines & Regulations The Association is responsible for a uniform scheme of architectural harmony and appearance and approval will not be granted by the Board of Directors or the ARC for any change, alteration or addition which, in the opinion of the governing body, would adversely affect the harmony and appearance of The Villas at Hunton Park condominium community. If permission is granted (please allow up to 30 days) by the ARC or Board for any change, alteration or addition, the maintenance and upkeep of such item is the sole responsibility of the requesting Unit Owner. Should owner fail to obtain permission first, or to properly maintain any approved change, alteration or addition, the Association has the right to require Unit owner to return the lot or Unit to original condition or pay Association costs to have it restored. Every Unit has about a 10 foot Limited Common Area and another 10 foot Limited Improvement Easement from back wall of main Unit (topography permitting). Requests for any outside change, alteration or addition must first be submitted on the ARC form prescribed by the Board. Forms may be obtained online or from Community Group. Copies of owner’s request forms and the Association’s permission or denial are made a permanent part of the Association’s records and also serve to protect the Unit Owner from any future issues or complaints brought by any other Unit Owners or future Board of Directors. Unit owner is responsible for the cost to repair any damage caused to any Unit, Common Elements, or utilities. 1. Exterior Changes & Alterations Except for construction or development by, for or under contract with the Declarant or a Builder, and except for purposes of proper maintenance and repair, no building, fence, wall, or other improvements, structures, or items (including, but not limited to, awnings, canopies, shutters, antennas, solar panels, sky lights, satellite dishes, lighting, shades, screens, patio covers, fences, wall, slabs, sidewalks, curbs, gutters, patios, balconies, porches, driveways, decks, exterior siding, brick/rock facade, windows, exterior garage/ screen/storm doors) or any other device, item, or ornament shall be hung, displayed, commenced, directed, placed, moved altered, installed, erected, attached, applied, pasted, hinged, screwed, built, removed, constructed, or maintained upon any of the Common Area or any Unit, wall, railing or roof, nor shall any exterior addition to or change (including any change of color) or other alteration thereupon or upon any Common Elements within the Condominium be made, until the complete plans and specifications showing the location, nature, shape, height, material, color, type of construction and any other proposed form of change (including, without limitation, any other information specified by the Architectural Control Committee or Board of Directors shall have been submitted on the approved ARC form (obtained from the community Managing Agent or an ARC committee member) to, and approved in writing as to harmony of external design, color, visibility, and location in relation to surrounding structures and topography and conformity with the Design Guidelines for the community, by the Board of Directors of the Association or by the Architectural Control Committee appointed by the Board of Directors. 2. Storm, Screen Doors a. Swing style storm/screen doors on Unit front entrance doors and swing or sliding style storm/screen doors on Unit back doors may be approved. All storm/screen doors must be “full view” style. Glass must be clear, but seethru solar tinting, beveled line designs in glass, and full black screen inserts are acceptable. b. Storm/screen door frame colors must closely match Unit’s entrance door color or the color on Unit’s exterior door trim. (Typically black, cranberry, or almond/poplar, and on back of Unit may also be white). c. Door hardware (i.e. handles) is to be dark in color such as black, bronze, antique brass (but no bright brass or chrome). 3. Entrance Doors a. Must be steel, six panel entry doors on front of Unit and either French or sliding glass doors on back of Unit. b. Front entrance and back French door colors must be the Unit assigned color (typically “winestone” or “black”) and back of Unit sliding glass doors if so equipped, may be white. Each Unit or building has its own assigned color scheme. c. Front entrance door hardware (i.e. handles, door knockers, peepholes) is to be dark in color such as black or dark bronze (no bright or light colored metals). 4. Garage Doors a. If replacement becomes necessary, door must be replaced with equal appearance and similar construction as the original builder installed garage door and painted alike. 5. Windows a. Must be generally equal in appearance throughout Unit and from Unit to Unit and constructed of energy efficient white vinyl. Window grilles must also be white in color and built in between panes of glass so as not to be removable. b. Window solar film is acceptable provided no mirror, shiny, or highly image reflecting material is used. Since many buildings face or back each other, opaque film for privacy is permitted. Film must be kept in good repair and replaced as needed. 6. Exterior Lights a. Original exterior light fixtures on outside of Units are responsibility of the Association. Unit owners are responsible for changing light bulbs with “soft white” colored bulbs. Cost for any repair or replacement necessitated by damage caused by Unit owner, their guest, renters, or other invitees will be the responsibility of Unit owner. No personal solar lights, garden lights, etc., are permitted in common areas. 7. Fences a. Must be 42” high white vinyl picket-style construction and topography permitting, erected within Unit’s rear Limited Common and Limited Improvement Easement (LIE) zones of 20 feet out from main Unit’s rear exterior wall (not from sunroom wall). Norwood units, Lafayette units, and Griffin units w/o sunroom typically extend no more than four 5 foot fence sections and Griffin units with sunroom typically extend up to no more than three 5 foot fence sections. b. Fencing must be of equal appearance on both sides of fence. c. Fence must include an unlocked gate for access by maintenance personnel. d. Unit owner is responsible for ensuring Miss Utility (811) is called prior to any digging and is responsible for cost of moving lawn irrigation heads/pipes if needed and any damage caused to any Unit, common areas / elements, and utilities. All maintenance, repair, and replacement of fencing are responsibility of Unit owner. 8. Privacy Partitions/Dividers a. Rear privacy partitions/dividers may be erected between Unit patios and decks but not exceeding 72 inches (6ft) in height for a length not to exceed beyond the back outer most edge of the original builder installed concrete patio or attached wooden deck on only the left or right side Unit rear property boundaries, located within the LIE appurtenant to the Unit. b. Like for fences, must be white vinyl construction and must be of equal appearance on both sides. Any fencing attached beyond the divider(s) must adhere to guidelines as outlined for fences. c. Unit owner is responsible for ensuring Miss Utility (811) is called prior to any digging and is responsible for cost of moving lawn irrigation heads/pipes if needed and any damage caused to any Unit, common areas / elements, and utilities. All maintenance, repair, and replacement of fencing are responsibility of Unit owner. d. Adjoining Unit owner directly affected must also be in agreement. Unit owner also accepts all responsibility and liability should the County of Henrico determine that 72 inch tall privacy dividers are in violation of zoning proffer 7 applicable to the RTHC property in Case C-67C-03. 9. Patios and Decks a. Deck maintenance, repair, and replacement are the responsibility of Unit owners and are to be kept in good repair and appearance. Any deck material, stain, or wood treatment colors will be light in color such as “clear”, “natural”, or “honey oak”. No red or dark colors will be approved. b. Patios, patio walks, and patio steps, the maintenance, repair, and replacement are the responsibility of Unit owners and are to be kept in good repair and appearance. Poured concrete patios, walks, and steps will be of stone aggregate, stamped, or otherwise decorative in material and appearance. No plain gray concrete slabs will be approved. 10. Driveways/Sidewalks/Lead Walks/Stoops a. Driveways, sidewalks, and front Unit lead walks are Association common area. Front stoops are Unit limited common area. Driveways and Unit lead walks are assigned to the specific Unit. Maintenance, repair, and replacement for these areas are responsibility of Association. Unit owners are not permitted to apply any sealers or chemicals on these aggregate concrete areas. Sand is permitted for snow and ice. 11. Satellite Dishes a. Dishes will be installed in a manner so as to be as obscure or hidden from street view as possible. Rooftop mounting is preferred whenever possible. Unit owner accepts all responsibility and associated costs for any damage or water leaks caused by installation of such device. b. Wires will be bundled and tied down and run underground or along roof edges as neatly as possible. Wires are not to be simply draped loosely across the roof. c. The size of dishes will be no larger than the typical 18”-30” service dish. 12. Landscaping a. Minimal planting of flowers or evergreen shrubs may be approved in existing front or side mulch bed common areas, which saves on Association costs, but if approved must be properly maintained by Unit owner and replaced as needed. Empty mulch beds or mulch beds with dead or dying plantings are not permitted. No personal items such as bed liner, border, trellis, planting pots or ornaments of any kind are permitted in front or side mulch beds or in any other common areas. b. Back of Units within the Unit’s limited common or limited improvement easement areas only, may be approved for landscaping/decorating more freely and must be kept maintained in neat, uncluttered appearance. c. Any approved landscaping change that is improperly cared for will be restored by Unit owner or Association to its original condition at Unit owner’s expense and Unit owners’ approval to alter the landscaping will be rescinded. 13. Mechanical Devices (A/C Units, Electrical Generators, etc.) Such mechanical devices may be professionally installed/replaced and used in the Units back limited common area or limited improvement easement zone at ground level. Screening from view with evergreen shrubs or garden fencing is preferred. Electrical generators (portable or permanent types) are for use during electrical outages only and not to be used in place of generally supplied electrical power flowing to the Unit. Propane tanks are not permitted. Unit owner accepts all responsibility for maintaining such equipment in good working condition and appearance as well as any damage caused to Unit or Unit’s utility connection points and internal wiring and plumbing. 14. Signs Conditions for approving requests to erect “For Sale” or “For Lease” signs in front of Units: a. Sign must be for legitimate purposes to sell or lease Unit. b. Sign can be no larger than a 3 square foot sign. No large/tall pole type signs. c. Sign must be posted in front exterior grass of Unit, not in Unit windows. d. Sign must show agents or Unit owners actual phone number. e. No non-commercial message of any type may be on sign. f. Owner must provide proof of intent to sell or lease by providing copy of any of following: 1. Signed selling/leasing firm agreement on company letterhead 2. MLS listing showing property description 3. Major public newspaper ad showing address and agent or Unit owner contact information 4. Print of a major online real estate website ad showing address and agent or Unit owner contact information g. Property must be advertised by at least one of the above methods at all times. h. Failing to abide by these requirements and any of the Rules & Regulations will result in disapproval or rescission of approval. C. Clubhouse Pool Rules The Clubhouse pool facilities are for the exclusive use of VHP residents for use at their OWN RISK. The Association assumes no responsibility for accidents or personal injury. • • • • • • Residents are not to give out the code to the clubhouse or key to the fitness center. Please be considerate of other resident’s right to peaceful enjoyment of the pool area. There will be no lifeguard on duty at the pool at any time. Swim at your own risk. It is advisable that no one swim while no one else is around. Children under 16 must be accompanied by an adult resident of The Villas of at least 18 years of age at all times, regardless of the child’s swimming ability. For children’s safety, parents must be in the pool with their children and within arms reach of a child wearing a floatation device. Big community, little pool, guests are limited to (3) per household and must be accompanied by a resident of The Villas at all times. • • • • • • • • • • • • • • • • • • • • Swimmers must wear proper attire. Cutoffs are not allowed. Disposable diapers are not permitted in pools. Children must wear cloth diapers with plastic pant covers or swim diapers. For health and discouraging urinating in pool, urine detecting dye may be in the pool water. Children should visit the restroom before entering the pool and periodically during long visits. In case of #2 in water, for health, all swimmers must exit the pool for at least 24 hours after cleanup. No diaper changing is allowed on the pool deck. Please change diapers in the restrooms. No diving or jumping from pool edge is permitted. Please use stairs and handrails. Pool activity is ONLY permitted during pool operational hours. Any activity in the pool or in the pool area after operational hours will be treated as trespassing. A trespassing authorization form has been filed with Henrico County Police. Any unauthorized use of the pool and or clubhouse during or after operational hours is considered trespassing and Henrico County Police have permission to arrest violators. Eating and drinking must be done at least 5 feet from pool edge and trash placed in trash cans to prevent contamination or clogging drain. No glass containers of any kind will be allowed in the pool area. Alcohol, smoking, and tobacco products are prohibited in pool area. No smoking or tobacco in clubhouse. No running, pushing, dunking, or dangerous games are permitted in the pool area. Residents may bring additional lounge chairs to the pool, but may not leave them overnight. Additional expenses for the operation of the pool (example: pool closure due to unsanitary conditions or fouling of the filters) created by a resident or their guest will be billed to resident. Persons with open sores, bandages, inflamed eyes, pink eye, colds, nasal or ear discharge, or any communicable disease may not use the pool. Pets are not permitted in the pool area. Wheeled vehicles (excluding baby carriages, strollers, or wheelchairs) are not allowed in the pool area. Acceptable vehicles are to be used only by the person for whom they are intended. No skate boards, roller blades or “Heelies” are permitted in clubhouse or pool area. No electric devices are permitted near the pool as may cause life threatening electrical shock. No water guns, sports equipment or ball playing is allowed in the pool or on the pool deck. Pool ladders and stairs must be kept clear at all times. Music or sound devices may be used with earphones only. Pool area must be evacuated during severe weather such as thunderstorms, hail, etc. No wet swimsuits are permitted in the clubhouse with the exception of exiting the side door. Please towel dry off before entering the hallway of the clubhouse to leave the pool area or to use the restrooms. Please report any violations of these rules or maintenance concerns to Community Group at 270-1800 or any VHP Board member. Pool Schedule of Operation Pool Season Dates: Opens Saturday, Memorial Day weekend and closes the Tuesday after Labor Day. Pool Hours: Opens at 6:30AM and Closes at 8:30PM Special Events: The Board of Directors reserves the right to close the pool for special events. Lost & Found: Lost and found items will be placed in the lost-n-found box in the clubhouse hall closet. The Villas Association is not responsible for property that is left, lost, damaged or stolen in or on the clubhouse grounds. Unclaimed property will be thrown away or given to charitable organizations on a periodic basis. D. Fitness Center Rules The Clubhouse fitness center facilities are for the exclusive use of VHP residents for use at their OWN RISK. The Association assumes no responsibility for accidents or personal injury. Please use equipment responsibly. Report any damaged or malfunctioning equipment to a VHP Board member or our VHP Managing Agent at Community Group 804-270-1800 as soon as possible. • • • • • • • • • • • • • • • Residents are not to give out the code to the clubhouse or key to the fitness center. Please be considerate of other users in room. Everyone is encouraged to talk to your doctor first before using exercise equipment. A parent or guardian must accompany and supervise children under 16 years of age. Any person under the influence of drugs or alcohol may not use the fitness center. No food, alcohol, smoking, or tobacco products permitted in fitness center. No glass permitted in fitness center. Drinks in closed, re-sealable plastic sports containers are allowed. Animals are not allowed on clubhouse premises (except guide/aid dogs). Equipment must be used for designed purposes only. User is responsible for any damages to the facilities and proper disposal of any trash. Workout time is limited to 30 minutes per use of each piece of equipment when others are waiting. User must wipe down each piece of equipment after use. No loud or offensive music or language. Users are expected to exhibit proper conduct and respect the rights of others. Individuals who engage in unacceptable, unsafe or irresponsible behavior may be prohibited from using the facilities. Appropriate clean athletic footwear (no open toed shoes, sandals, flip flops) and a shirt must be worn when using the equipment. • • • • • • • • All weights must remain in their designated areas and be returned to their designated racks/posts after use. Do not drop weights. Do not lean weights against the walls. Chalk is not permitted. Signs may not be posted. All postings must be placed on hall bulletin board. Do not move or rearrange any equipment. Lost and found items will be placed in the lost-n-found box in the clubhouse hall closet. The Villas Association is not responsible for property that is left, lost, damaged or stolen in or on the clubhouse grounds or fitness center. Unclaimed property will be thrown away or given to charitable organizations on a periodic basis. The last person to leave the fitness center is responsible for unplugging the equipment, turning off all interior lights, fans and TV, closing the blinds, and locking the door. E. Enforcement of Rules Regulations 1. Amendments The rules and regulations may be changed from time to time and at any time by a majority vote of the Board of Directors in compliance with law and Villas governing documents. 2. Waivers The Architectural Control Committee or Board of Directors may, in its sole discretion, but shall not be required to, authorize waivers or variances of the Design Guidelines for Architectural Control only if and when unique circumstances warrant, upon written application by a Unit Owner, provided that the waiver does not violate any Association governing documents, law, ordinance or governmental regulation. Any waiver granted shall be strictly limited to the specific fact, situation and duration for which it is granted. No waiver shall be deemed to be a waiver of the right to enforce the Design Guidelines against the recipient of the waiver in other situations or other persons. Any waiver must be in writing executed by a duly authorized officer of the Association to be valid. No Owner shall be entitled to a waiver or should rely on any verbal waiver. 3. Grievance and Enforcement Procedure The following grievance procedure has been established for dealing with violations of Rules & Regulations or of the Association’s governing instruments. This procedure applies, except where may otherwise be indicated differently for a specific rule violation, such as for Parking violations whereby vehicles may be towed without notice. a. When a member of the Association (Complainant) believes that another member (Violator) has violated the Declaration, By-Laws, or Rules & Regulations of the Association, the Complainant may first approach the Violator themselves to inform them of the alleged violation and request that the Violator cease, correct or remove the alleged violation. b. If the Violator does not correct the alleged violation or the Complainant is reluctant to approach the Violator themselves, the Complainant should then contact a member of the Board of Directors or the Association Managing Agent. The Complainant should provide as much detailed information as possible detailing the date/time/location of the alleged violation and the Unit number of the alleged Violator. c. The Board of Directors or the Managing Agent is then charged to investigate the complaint to determine whether the alleged violation is in fact a violation of the governing doc’s or Rules. If there is no violation of any governing doc’s the Complainant may be contacted by the Board member and told of their findings, and a written confirmation of such findings shall be filed in the Association’s files by the Board or Managing Agent. d. If it is determined that a violation exists, the investigating Board member or Managing Agent should have a letter of non-compliance sent to the Violator, except where may otherwise be indicated differently for a specific rule violation such as for parking where no notice is required. A Board member, by verifying the violation, may take the place of the Complainant for all future proceedings and, as a result, may serve to protect the identity of the original Complainant. e. The Managing Agent is next charged to take corrective action or send a letter of non-compliance by regular mail to the Violator to inform them of the violation and request that the violation be immediately ceased, corrected or removed. f. If Violator repeats same violation or fails to correct, a Complainant should again initiate the procedures as outlined above. The Managing Agent will then send a second letter by both regular and certified mail to the Violator’s last known address of record. The second letter will invite the Violator to a hearing before the Board of Directors. g. At the hearing, the President shall convene the hearing, recognize the members present and state that the purpose of the hearing is to determine whether there has been a violation of the Association’s governing instruments. The alleged Violator will be given the opportunity to speak and explain the circumstances surrounding the alleged violation, and may also call witnesses or legal counsel to speak. h. After the hearing, the Board shall make a determination as to what action is to be taken concerning the alleged violation. The failure of the alleged Violator to attend the hearing shall not preclude the Board from taking any action. The Board may make its determination after the hearing in closed session. The actions to be taken by the Board may consist of any or all of the following; forced removal of the violation, suspension of voting rights and recreational facility privileges and nonessential services, if any, provided by the Association in accordance with the governing instruments, and an assessment of not more than $50.00 for a single offense or $10.00 per day for violations of a continuing nature, either of which shall be treated as an assessment and shall be collectible in the same manner as any other assessment, including by the Association’s property lien rights. F. Maintenance 1. Unit Owner The Owner of any Unit shall at their own expense, repair and maintain their Unit and any and all equipment, fixtures, appliances, electrical systems, plumbing systems and utilities therein situate, including repair,maintenance, and replacement of the decks,patios, power washing of the exterior of Units and cleaning and replacement of windows, and light bulbs, and its other appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all re-decorating, painting, repair and the like which may at any time be necessary to maintain the good appearance of their Unit. See Declaration document for complete description and boundaries of “UNIT”. 2. Association The Association also has maintenance responsibilities to the members such as maintaining the Common Area/Elements (including, without limitation, private streets, parking areas, snow/ice removal, pool, clubhouse and facilities, sidewalks, entrance monuments, fencing, street lights, gang mailboxes, lawn cutting and irrigation, mulching), and trash collection. See Maintenance & Service Responsibility Chart for more details. THE VILLAS AT HUNTON PARK CONDOMINIUM UNIT OWNERS ASSOCIATION, INC. MAINTENANCE & SERVICE RESPONSIBILITY CHART This chart is based on Article VI, Section 6.4 of the Condominium Declaration and the Declaration will take precedence. Please note if any dispute arises as to whether an item of maintenance falls to the Association or Unit Owner, such dispute shall be decided by the Board of Directors. ***** Building Maintenance ***** Owner: All maintenance, repairs and periodic cleaning of the Fireplace / Chimney flue. Association: All maintenance and repairs of the exterior siding. Owner: All maintenance, repairs and replacement of the entrance, screen, balcony, terrace, patio, and garage doors (including glass, frames, sashes, jambs, and hardware) and painting if necessitated by owner Doors (Exterior) misuse, abuse, or negligence, and doorbell parts and components. ARC approval may be required. Association: Power washing, painting, caulking every four to five years. Gutters & Downspouts Lights (Exterior) Roof & Shingles Siding Structural Exterior Trim & Shutters Vents, Ducts, & Flues Owner: None Association: All maintenance, repair, and replacement. Gutter inspection and leaf and debris removal once per year. Owner: Replacement of all Unit exterior light bulbs as needed. Please use “soft white” colored bulbs. Association: Maintenance, repair, and replacement of light fixtures. Owner: Repair and restoration of interior damage caused by roof leak, unless water leak is due to negligence on part of the Association. Association: Repair and replacement of roof deck (plywood sheathing); repair to source of roof leak; repair and replacement of shingles, felt and flashing as needed and replacement at end of life. Owner: Repair or replacement costs only if necessitated by misuse or abuse. Association: Maintenance, repair, and replacement as needed. Owner: None Association: All maintenance, repair, and replacement of building Structural components (i.e. walls, floor joists, roof trusses) Owner: Repair or replacement costs only if necessitated by misuse or abuse. Association: All maintenance, repair, and replacement, as well as power washing, painting, and caulking every four years. Owner: All maintenance, repair, and replacement of dryer and bathroom vents, dryer ducts, fireplace, furnace, and chimney flues, etc., including removal of insects and animals. Association: None Windows Owner: All maintenance, cleaning, repair, and replacement of windows, casings, locks, and hinges. ARC approval required for replacement. Association: Caulking where window unit meets trim or siding. ***** Exterior Improvements ***** Owner: Replacement of light bulbs (please use “soft white” colored bulbs) and repair or replacement costs if due to Lampposts (Yard) misuse or abuse. Association: All other maintenance, repair, and replacement of fixture and pole. Owner: All maintenance, repair, and replacement. ARC Decks & Patios approval required. Association: None Owner: All maintenance, repair, and replacement of additional fencing. Fences & Dividers Association: All maintenance, repair, and replacement of first 10 feet of 42” picket style fence, unless damaged by misuse or abuse from Unit owner. Owner: Streetlights & Community None Lighting Association: All maintenance, repair, and replacement of fixtures. Owner: None, unless repair or replacement is necessitated by damage caused by the Unit owner or their tenant or Streets, Curbs, & Sidewalks guest or resulting from their vehicles. Association: All maintenance, repair, and replacement. Owner: None, unless repair or replacement is necessitated by Driveways, Front Lead damage caused by the Unit owner or their tenant or Walks, Stoops, & Steps guest or resulting from their vehicles. Association: All maintenance, repair, and replacement. ***** Grounds and Landscaping ***** Owner: None Association: Grass & Lawns Weekly mowing, trimming, edging during growing season, and fertilize, core aerate, seed, watering, and weed control. All maintenance is determined by Board. Owner: None Leaf Removal Association: Leaf removal in late fall. All maintenance is determined by Board. Owner: None Mulch Beds Association: Annual mulching and periodic weeding of beds, All maintenance is determined by Board. Trees/Shrubs Drainage Irrigation System Heat/AC Systems TV, Telephone, Internet, Satellite, FiOS, Cable Owner: None, but watering of new plants during dry weather is appreciated. Association: For plantings installed by builder/association only, applying fertilizer and insecticides; replacing during early Spring or Fall only and may be of different size. All maintenance is determined by Board. Owner: None Association: Drainage in all Common Areas. Owner: Responsible for any costs incurred for repairs and replacement parts due to damage caused by Owner or their tenants or guests. Association: Responsible for the maintenance, repair, and replacement of the irrigation system and water. ***** Utilities ***** Owner: All maintenance, repair, and replacement serving Unit. Association: Clubhouse only. Owner: All installation, maintenance, repair, and replacement serving Unit (Satellite dishes require ARC approval first). Association: Clubhouse only. Electricity & Gas Water & Sewer Pest Control Owner: All maintenance, repair, and replacement serving Unit. Association: Clubhouse & Common Areas not connected to any Unit. Owner: All maintenance, repair, and replacement serving Unit. Association: All maintenance, repair, and replacement in Common Areas (storm, sewer, water, irrigation, and fire line). ***** Services ***** Owner: All inspection, treatment, control, and repairs within Unit. Association: All inspections, treatment, control, and repairs for community clubhouse only. Owner: None Termite Inspections & Association: Control All inspections, treatment, control, and damage resulting from termites. Owner: May use sand only on driveways and walks to prevent damage to aggregate concrete. Responsible for any damage caused by using harsh ice melting agents such as salt. Snow & Ice Removal Association: Plowing of streets and hand shoveling of driveways and walks serving Units and clubhouse if snow reaches at least 2”. Please allow sufficient time for contractor to arrive after snow fall, as we are not the only customer. Owner: Removal of any large or bulky items that do not fit into approved trash container. Trash Removal Association: Curbside trash removal once a week, exclusive of any large or bulky items not fitting within trash container. Owner: Responsible for obtaining Condominium Owners reconstruction casualty policy, insuring Unit, and related improvements equal to 100% replacement cost coverage. Section 2.4.2 of the Condominium Declaration provides further information on Unit Owner insurance responsibility. Association: Common elements and foundations; general liability for Common Area, and Directors and Officers (D&O) and Workers Compensation insurance to cover the Board of Directors. Insurance Clubhouse & Related Facilities ***** Clubhouse ***** Owner: None, unless necessitated by misuse or abuse by Owner or their tenants or guests. Association: All other responsibility. Contact Information To contact the Villas Association for general questions, concerns, suggestions, or exterior Unit and building repairs after the Ryan Homes 2-Year warranty period, please contact The Villas Community Group managing agent at the following address and phone numbers: The Villas At Hunton Park Condominium Unit Owners Association, Inc. c/o Community Group 3901 Westerre Parkway, Suite 100 Richmond, VA 23233 Tel. 804-270-1800 Fax 804-346-8640 www.communitygroup.com Go to The Villas website for announcements, general information, classified ads, event calendar, governing documents, submit questions/complaints, ARC requests, etc. Primary means of communications to Unit owner members is via The Villas website (you must first “Sign Up For New Account” to access full content) at: http://community.associawebsites.com/sites/VillasatHuntonPark To rent The Villas Clubhouse for private events, please email the Clubhouse Committee at: hpvillas.clubhouse@gmail.com Ryan Homes – Builder for The Villas There is a 2-Year Warranty on Units and Buildings. Please call Ryan Homes Owner Services Department at 877-550-7926 for any problems or warranty related issues to your Unit or the Building.