Resolution 2008-02 Trash

MANCHESTER COMMONS HOMEOWNERS ASSOCIATION, INC. Administrative Resolution No. 2008-02 Trash Removal/Recycling Rules and Regulations and Remedies

WHEREAS, Article II, Section 1(c) of the Declaration of Covenants, Conditions and Restrictions for Manchester Commons Homeowners Association, Inc. (Association) authorizes the Board of Directors of Manchester Commons Homeowners Association, Inc. (Board) to establish uniform rules and regulations pertaining to the use of the common area and facilities; and, WHEREAS, Article VII, Section 1(a) of the Bylaws for the Association also states that the Board shall have power to adopt and publish rules and regulations governing the use of the common area and facilities; and, WHEREAS, the Virginia Property Owners’ Association Act requires the Board of Directors, § 55-513(A), to formally adopt and publish a written resolution to enact this power granted to community associations by the General Assembly of Virginia; and, WHEREAS, the Property Owners’ Association Act of the Virginia Code, § 55-513(B), provides the Board of Directors with the power to assess monetary charges against members of the Association as a means of enforcement of the Declaration or Regulations of the Association; and, WHEREAS, the Board desires to establish a standard within the community that will enhance property values; provide for visual harmony, sanitary conditions and, promote the general welfare of the homeowners, members of the owners’ families and guests; and, WHEREAS, the Board desires to promote prompt correction of situations that would lessen property values or result in a health and welfare threat, NOW, THEREFORE, BE IT RESOLVED that the following Rules and Regulations and remedies are established for the orderly collection of trash and recycled items: 1. Normal Trash Procedures a.

Trash Receptacles. Trash must be packed in securely sealed heavy duty kitchen/trash bags. Grocery bags or bags under 13 gallons are unacceptable. Bags should not be over packed. Residents are responsible for loose trash released from their receptacles by any cause.

b.

Placement and Pickup. Trash and recycling receptacles should be placed for collection between 6:00 p.m. the night before and 7:00 a.m. the morning of collection. No trash and recycling receptacles can be placed in the Common Areas outside of these times. Trash placement must not block access to mailboxes nor impede sidewalk traffic. All receptacles must be removed from the Common Areas by the end of the collection day and properly stored according to Article VI, Section 9 of the Association’s Declaration of Covenants, Conditions & Restrictions. NOTE: Collection dates and designated collection points may vary according to the Disposal Management contract in place at the time. Please contact the Board to receive the current collection dates and designated collection areas.

c.

Uncollected Trash and Loose Debris. It is the residents’ responsibility to clean up areas where their trash has been placed for collection in the event animals or the wind has dispersed it. Residents must also remove any trash or items placed for collection that were not removed by the trash company. Residents are also encouraged to remove any trash from common areas.

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d.

Special Items. Special arrangements must be made with the disposal company for the removal of over-sized (bulk) or non-standard (e.g. appliances) items at resident’s expense.

e.

Unacceptable Items. The disposal company will not remove dead animals, oil, paint, batteries, construction materials, manure, tree stumps, dirt, stones, rocks, concrete, bricks, poisons, dangerous acids, caustics, explosives, or other dangerous materials. Residents are entirely responsible for the proper disposal of these items.

f.

Recycled Items. Recycled items are picked up once a week and should be placed in the recycling bins provided by the disposal company. Recyclable jars, bottles and cans should be emptied and washed, and caps or lids removed from glass containers prior to placing in the recycling bin. Newspapers and other mixed paper, including flattened cardboard, should be securely bundled. Acceptable recyclable items are limited to any requirements and guidelines established by Fairfax County.

g.

Yard Waste. Fairfax County Ordinance Section 109.1-2-2-a declares that yard waste must be separated for recycling from March 1 to December 24 of each year. Brush must be limited to individual pieces or bundles of no greater than 50 pounds in weight, four feet in length, and no piece larger than six inches in diameter

2. Remedies for Non-Compliance a.

To the extent additional costs are incurred as a result of the failure to comply with the provisions of this Resolution, the affected unit homeowners, whether owner occupied or investor owned, shall be subject to assessment for such additional costs.

b.

Residents observed violating established procedures will be reported to the Board or authorized Agent. Verified violators (homeowner and tenant, if different) will receive in a warning letter identifying the infraction(s). A repeated violation within 3 months will result in a second warning letter with a request to provide the Board justification for why the homeowner should not be fined. A failure to respond within the time specified, or an inadequate justification, will result in a $50 fine levied against the homeowner and a letter to the homeowner explaining the application of the fine. The Board will determine whether multiple infractions will be considered as separate occurrences or a single occurrence.

c.

Failure to pay levied fines in addition to regular assessments will be considered a failure to pay assessments and result in the same progressive measures established as a remedy in the Association’s governing documents, which may include: loss of parking privileges, acceleration of assessments and establishment of liens.

Adopted by the Board of Directors and effective this 27th day of October 2008, and shall supersede any previously adopted Policy Resolution regarding trash removal and recycling and remedies.

By: ____/s/ David G Ness __ David G. Ness Secretary, Board of Directors

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