Article XI

USE RESTRICTIONS ON UNITS AND COMMON ELEMENTS

Section 1. Use Restrictions. Each Unit and the Common Elements shall be occupied and used as follows:

(a) Except for the areas of the Condominium designated for recreational use and except as provided in the Declaration, no Unit shall be used for other than housing, and home occupations allowed by local zoning ordinances, subject to rules and regulations which may be promulgated by the Board of Directors, and the related common purposes for which the Property was designed. The Board of Directors may permit reasonable, temporary non-residential uses from time to time in any Unit. Nothing in these Bylaws shall be construed to prohibit the Declarant from using any Unit owned by Declarant for promotional, marketing, administrative office, display or other related purposes or from using any appropriate portion of the Common Elements for settlement or sales of Condominium Units.

(b) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Property or any part thereof applicable for residential use without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Property or any part thereof or which would be in violation of any law, regulation or administrative ruling. No fires for cooking or otherwise may be set on the balconies or patios.

(c) No immoral, improper, offensive or unlawful use shall be made of the Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with, by and at the sole expense of the Unit Owner or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Property, and if the latter, then the cost of such compliance shall be a Common Expense.

(d) No Unit Owner shall obstruct any of the Common Elements nor shall any Unit Owner place or cause or permit anything to be placed on or in any of the Common Elements (except those areas designated for such storage by the Board of Directors) without the approval of the Board of Directors. Nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors.

(e) The sidewalks, entrances, passages, vestibules, stairways, corridors, halls and all of the Common Elements must not be obstructed or encumbered or used for any purpose other than ingress and egress to and from the premises; nor shall any carriages, bicycles, wagons, shopping carts, chairs, benches, tables, or any other object of a similar type and nature be stored therein. No person or persons shall play or loiter in halls or stairways.

(f) No Unit shall be rented for transient or hotel purposes. No Unit shall be leased or rented for any period less than six (6) months. No Unit Owner shall lease a Unit other than on a written form of lease requiring the lessee to comply with the Condominium Instruments and rules and regulations, and providing that failure to comply constitutes a default under the lease. The Board of Directors may provide a suggested standard form lease for use by Unit Owners. The foregoing provisions of this subparagraph, except for the restriction against use for hotel or transient purposes, shall not apply to the Declarant, or a Mortgagee in possession of a Unit as a result of a foreclosure or other judicial sale or as a result of any proceeding in lieu of foreclosure. Nothing in these Bylaws shall be construed to prohibit the Declarant from using any Unit owned by the Declarant or Common Element of the Condominium for promotional, marketing, administrative office, display or other related purposes or from using any Unit or portion of the Common Elements for temporary hospitality quarters for residents of the Condominium temporarily displaced by renovation activity to any other Unit in the Condominium, or for the settlement of sales of Condominium Units.

(g) Except for vehicles belonging to the Declarant, its subcontractors or its employees, no commercial trucks, buses or any commercial vehicle shall be permitted to be kept or parked overnight in the underground garage or upon any other portion of the Property except in the surface level garage spaces. Trailers, campers, recreational vehicles or boats may not be parked on the Property except in the surface level garage spaces, without the written approval of the Board of Directors. No vehicles shall remain on the Condominium premises unless it has current state license plates, county tags and a current inspection sticker. Repairing vehicles of any kind shall not be permitted upon the Common Elements except in garages and except for emergencies.

(h) The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any Unit or upon the Common Elements, except that the keeping of two (2), orderly domestic pets (e.g., dogs, cats or caged birds) is permitted per Unit, subject to the Rules and Regulations adopted by the Board of Directors; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding and provided, further, that any such pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days’ written notice from the Board of Directors. Such pets shall not be permitted upon the Common Elements unless accompanied by a responsible person and unless carried or leashed. All pets shall be kept pursuant to Fairfax County ordinances. Any Unit Owner who keeps or maintains any pet upon any portion of the property shall be deemed to have indemnified and agreed to hold the Condominium, each Unit Owner and the Declarant free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. All pets shall be registered with the Board of Directors and shall otherwise be registered and inoculated as required by law. Each pet owner shall be required to clean up any and all excrement caused by his pet on the Common Elements of the Condominium.

(i) Except for such signs as may be posted by the Declarant for promotional or marketing purposes, no signs of any character shall be erected, posted or displayed upon, in, from or about any Unit or Common Elements without the prior written approval of the Board of Directors. The provisions of this subparagraph shall not be applicable to the institutional holder of any first mortgage which comes into possession of any Unit by reason of any remedies provided for in the mortgage, foreclosure of any mortgage or any deed of trust or other proceeding in lieu of foreclosure.

(j) Rugs and padding shall be maintained on seventy-five percent (75%) of all floor surfaces (excluding, kitchens, closets, and bathrooms) in Units located over other Units to adequately reduce transmission of sound between Units. Except as to those major appliances as may be installed by Declarant during its initial construction of Units, or as may be installed by Unit Owners as replacements thereof, additional major appliances may not be installed in a Unit without prior written approval of the Board of Directors.

(k) No Unit Owner shall allow anything whatsoever to fall from the windows or balconies of the premises, nor shall he sweep or throw from his Unit any dirt or other substances outside of his Unit onto the Common Elements.

(l) Refuse, garbage and recyclable material shall be deposited in the areas provided therefore.

(m) No clothes line or similar device shall be permitted on any portion of the Condominium Property, including Limited Common Elements, nor shall clothes be hung anywhere except in such areas as may be designated by the Board of Directors of the Association. The Board of Directors may choose not to designate such areas.

(n) Except as installed by the Declarant, no Unit Owner is or shall be permitted to install any type of fireplace within his Unit, without the prior written consent of the Board of Directors.

(o) No Unit Owner shall make or permit any disturbing noises by himself, his family, his servants, employees, agents, visitors and licensees, nor do or permit anything by such persons that will interfere with the rights, comforts or convenience of other Unit Owners.

(p) No radio or television antenna or aerial may be erected or installed on the exterior walls of a Unit or on the Limited Common Elements or Common Elements of the Condominium, which includes the roof, without the consent of the Board of Directors.

(q) Waterbeds shall not be permitted in any Unit without written consent of the Board of Directors.

(r) Unit Owners and occupants shall exercise extreme care not to disturb other Unit Owners or occupants with excessive noise from the use of radios, televisions, musical instruments, amplifiers, stereos, or telephones.

(s) Windows in each Unit shall be kept free of any metal bars of the type used for protection and all window treatments (curtains, blinds, shades, etc.) visible from the exterior of the Unit shall be white or off-white in color unless amended by rules promulgated by the Board of Directors.

(t) Balconies and patios shall not be used for storage. Children’s toys or equipment shall be stored inside the Unit. Bicycles shall be stored in the designated area for such storage. Nothing shall be kept on balconies or patios which is aesthetically offensive so that the exterior of the building remains neat and attractive.

(u) Garage spaces shall be used for parking of vehicles belonging to Unit Owners or their tenants. Storage of equipment or tools is permitted provided that such storage does not interfere with the garage’s primary use, however no flammable fluids shall be stored in the garages. No garage space may be used for housing or as a residence.

Section 2. Rules and Regulations. Each Unit and the Common Elements shall be occupied and used in compliance with the rules and regulations which may be promulgated and amended by the Board of Directors. Copies of the rules and regulations shall be furnished by the Board of Directors to each Unit Owner. Amendments to the rules and regulations shall be posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Unit Owner upon request.

Section 3. Right of Access. By acceptance of his deed of conveyance, each Unit Owner thereby grants a right of access to his Unit, as provided by Section 55-79.79(a) of the Condominium Act and as further set forth in the Declaration to the Board of Directors or the Managing Agent, or any other person authorized by the Board of Directors or the Managing Agent, or any group of the foregoing, for the purpose of enabling the exercise and discharge of their respective powers and responsibilities, including, without limitation, making inspections, correcting any condition originating in his Unit and threatening another Unit or the Common Elements, performing installations, alterations or repairs to the mechanical or electrical services or the Common Elements in his Unit or elsewhere in the Property or to correct any condition which violates any mortgage; provided, however, that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not. To the extent that damage is inflicted upon the Common Elements or any Unit through which access is taken, the Unit Owners Association if it caused the damage, shall be liable for the prompt repair thereof.

Section 4. Utility Charges. The cost of utilities serving the Condominium not individually metered to a Unit shall be Common Expenses.

Section 5. Parking Spaces. Except to the extent limited by the Declarant as to such parking spaces as may be used by Declarant in conjunction with Declarant’s sales program and such parking spaces as may be assigned by Declarant as Limited Common Elements, all surface parking spaces designated as such on the Plats and Plans shall be used by Unit Owners on a first-come, first-served basis unless reserved for individual Unit Owner use by the Board of Directors. The cost of maintenance and repair of all Common Element parking spaces shall be a Common Expense. All parking spaces are Common Elements which may be initially assigned as Limited Common Elements to Units by the Declarant.

Section 6. Storage Areas: Disclaimer of Bailee Liability. Except for those attached to each unit and containing the heating and cooling system, any storage cubicles or areas in the Condominium are Common Elements. The Board of Directors, the Unit Owners Association, any Unit Owner and the Declarant shall not be considered a bailee, however, of any personal property stored on the Common Elements (including property located in storage cubicles or areas and vehicles parked in the parking areas of the Condominium), whether or not exclusive possession of the particular area is given to a Unit Owner for storage purposes, and shall not be responsible for the security of such personal property or for any loss or damage thereto, whether or not due to negligence.

Leave a Reply