Preamble
The Board of Directors (“the Board”) of the Four Seasons of Herndon Recreation Association finds that adherence to the architectural control, exterior maintenance, and use restriction covenants set forth in the various declarations governing the Four Seasons single family subdivision is necessary to preserve the plan of architectural harmony for the development, to retard the deterioration of the exterior appearance of dwellings in the development, and to enhance the value of the property investments of the homeowners who make up the Four Seasons single family community. The Board further finds that a greater degree of adherence and obedience to these covenants can be achieved by adopting a set of rules which require compliance with them and by prescribing charges for their violation. Lastly, the Board also finds that the failure of a homeowner to maintain the exterior condition of the dwelling, to maintain any other structure, or to maintain the yard, which are located upon the lot which he or she owns in the Four Seasons single family subdivision each constitutes an “offensive and noxious activity” which if allowed to persist may become “an annoyance or nuisance”in the neighborhood.
Accordingly, the Board of Directors of the Four Seasons of Herndon Recreation Association hereby establishes, adopts, and promulgates the following rules and regulations, and prescribes the following fines for their violation.
RULES GOVERNING THE AUTUMN GLEN SUBDIVISION
(SECTION TWO, PHASES 2-A, 2-B, 2-C AND 3, FOUR SEASONS)
Architectural Regulation/Autumn Glen
1. No owner of any lot located within the Autumn Glen subdivision at Four Seasons, which is described as section 2, phase 2-A, phase 2-B, phase 2-C and phase 3, Four Seasons, and which is comprised of lots 137-143, 144A-148A, 149-185, 186A-193A, 195A, 196A, 201A-204A, 206A, 207A, 208-209, 210A-212A, 213-293, 294A – 297A, 298-304, 305A, 306A, 307-320, 321-353, 386-392 shall erect, place, alter, or externally improve any dwelling, building, wall, fence, pool, pavement, driveway, or any other structure until plans and specifications describing the elevation, material, color and texture of, together with a site plan or sketch showing the location of, all such proposed improvements or alterations, shall have been first filed and approved in writing by the Architectural Control Committee, or if no such committee exists, then by the Board of Directors, of the Four Seasons of Herndon Recreation Association.
Exterior Color Regulation/Autumn Glen
2. No owner of any lot located within the Autumn Glen subdivision at Four Seasons, which is described as section 2, phase 2-A, phase 2-B, phase 2-C and phase 3, Four Seasons, and which is comprised of lots 137-143, 144A-148A, 149-185, 186A-193A, 195A, 196A, 201A-204A, 206A, 207A, 208-209, 210A-212A, 213-293, 294A – 297A, 298-304, 305A, 306A, 307-320, 321-353, 386-392, shall paint, or otherwise alter or change the color of, the exterior of any dwelling, building, or other structure located on any such lot without such color having been first approved by the Architectural Control Committee, or if no such committee exists, then by the Board of Directors, of the Four Seasons of Herndon Recreation Association.
Fence Regulation/Autumn Glen
3. No owner of any lot located within the Autumn Glen subdivision at Four Seasons, which is described as section 2, phase 2-A, phase 2-B, phase 2-C and phase 3, Four Seasons, and which is comprised of lots 137-143, 144A-148A, 149-185, 186A-193A, 195A, 196A, 201A-204A, 206A, 207A, 208-209, 210A-212A, 213-293, 294A – 297A, 298-304, 305A, 306A, 307-320, 321-353, 386-392, shall erect or build any fence, or other enclosure, upon any such lot or upon the boundaries of any such lot, until plans and specifications describing the location, material, and design of such proposed fence or enclosures shall have been first filed and approved in writing by the Architectural Control Committee, or if no such committee exists, then by the Board of Directors, of the Four Seasons of Herndon Recreation Association.
Exterior Maintenance Regulation/Autumn Glen
4. Each owner of any lot located within the Autumn Glen subdivision at Four Seasons, which is described as section 2, phase 2-A, phase 2-B, phase 2-C and phase 3, Four Seasons, and which is comprised of 137-143, 144A-148A, 149-185, 186A-193A, 195A, 196A, 201A-204A, 206A, 207A, 208-209, 210A-212A, 213-293, 294A – 297A, 298-304, 305A, 306A, 307-320, 321-353, 386-392, shall maintain the exterior condition, appearance, and surfaces of all dwellings, buildings, and other structures located upon such lot in a state of good maintenance and repair. No owner of any such lot shall allow or permit the exterior condition of any dwelling, building, or other structure located upon such lot to remain in an unfinished condition for more than six (6) months after commencement of construction, nor shall an owner of any such lot, upon which is located a structure which has been damaged by fire, windstorm, or other cause, allow or permit the exterior of such structure to remain in a damaged condition for more than three (3) months.
Landscaping/Autumn Glen
5. No landscaping plan or arrangement on any lot in the Autumn Glen subdivision at Four Seasons, which is described as section 2, phase 2-A, phase 2-B, phase 2-C and phase 3, Four Seasons, and which is comprised of 137-143, 144A-148A, 149-185, 186A-193A, 195A, 196A, 201A-204A, 206A, 207A, 208-209, 210A-212A, 213-293, 294A – 297A, 298-304, 305A, 306A, 307-320, 321-353, 386-392 shall significantly alter or modify the grading and drainage patterns established by the subdivision developer. Except for flower gardens, garden plots, shrubs and trees, all open lot areas shall be maintained as yard lawns. Any lawn area shall be regularly mowed such that grass plants shall not exceed six (6) inches in height from the ground. All trees, hedges and shrubbery shall be periodically hedged, pruned, or trimmed, as needed, such that they do not intrude into neighboring lots or common area, or detract from the topographic and landscape design concept intended by the Autumn Glen developer. Homeowners are urged to consider their neighbors’ view when landscaping and the size and maturity of trees and plants being considered. No tree, hedge or shrub shall be planted, or allowed to grow, such that it becomes an obstruction to any sight line for vehicular traffic and thereby presenting a safety hazard.
All vegetable garden plots shall be located in the rear yard, unless located in a fenced side yard, in which case the height of any plant shall not exceed the height of the fence.
Sign Restriction
6. A single sign advertising a property for sale or rent may be erected only on the affected property. All signs advertising the property for sale or rent shall be removed within seven (7) days from the date of execution of any agreement of sale or rental. Signs advertising an “open house” or other public event concerning a property for sale or rent may be erected only on public or the affected property, not-more-than twenty-four (24) hours prior to the advertised start time of such event, and shall be promptly removed at the conclusion of such event. Any signs not removed in a timely manner may be removed by the Town of Herndon or the Association at the sign owner’s expense.
Basketball Nets and Backboards
7. No permanent basketball equipment (poles, nets or backboards) is permitted to be installed in the Autumn Glen subdivision. Temporary (capable of being readily moved or removed) equipment is permissible on the homeowner’s property, but not on the public roadways or sidewalks.
Window Fans & Air Conditioners
8. Window fans, air conditioners, or other window-installed devices are not permitted in street-facing windows.
Swingsets/Large Play Equipment
9. Equipment shall be located in the rear yard of the house.
Vehicles Prohibitions
10. Junk vehicles or those in disrepair/inoperable, recreational vehicles, house or utility trailers, or commercial industrial vehicles, such as but not limited to, moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers or camping equipment are prohibited from being regularly or habitually parked in any driveways or in yards where they are visible from the street. Vehicles, which are allowed to be parked on public streets or driveways, shall be properly registered and deemed to be otherwise “street legal” by the Town, County, or Commonwealth.
Firewood, Building Materials, Household/Yard Supplies
11. It is recommended that firewood be stacked neatly and located in the rear yard. However, if it is stored on the side of the house, it shall not be visible from the street. This can be achieved by either landscaping or fencing. Absolutely no brush or other kindling materials should be stored in the yard.
Building materials, household or yard supplies shall not be permitted to remain in public view on any lot. However, materials necessary to make alterations that were approved by the ACC will be allowed to be stored on the property while construction is underway. All residual building materials and/or associated trash shall be removed from the property upon completion of the alterations, but in no case shall remain on the property beyond six (6) months of the projects approved start date.
Trash and Refuse Regulation/Autumn Glen
12. No owner of any lot located within the Autumn Glen subdivision at Four Seasons, which is described as section 2, phase 2-A, phase 2-B, phase 2-C and phase 3, Four Seasons, and which is comprised of lots 137-143, 144A-148A, 149-185, 186A-193A, 195A, 196A, 201A-204A, 206A, 207A, 208-209, 210A-212A, 213-293, 294A – 297A, 298-304, 305A, 306A, 307-320, 321-353, 386-392, shall allow or permit all or any portion of such lot to be used for the accumulation, dumping, disposal, or storage of litter, trash, refuse, or building materials, except for building materials to be used in, and reasonably necessary for, the construction of an approved architectural improvement or alteration of a structure located upon such lot.
13. No owner of any lot located within the Autumn Glen subdivision at Four Seasons, which is described as section 2, phase 2-A, phase 2-B, phase 2-C and phase 3, Four Seasons, and which is comprised of lots 137-143, 144A-148A, 149-185, 186A-193A, 195A, 196A, 201A-204A, 206A, 207A, 208-209, 210A-212A, 213-293, 294A – 297A, 298-304, 305A, 306A, 307-320, 321-353, 386-392, shall allow or permit trash or garbage containers located upon such lot to remain in public view except on the days of trash collection.
Lease Regulation/Autumn Glen
14. No owner of any lot located within the Autumn Glen subdivision at Four Seasons, which is described as section 2, phase 2-A, phase 2-B, phase 2-C and phase 3, Four Seasons, and which is comprised of lots 137-143, 144A-148A, 149-185, 186A-193A, 195A, 196A, 201A-204A, 206A, 207A, 208-209, 210A-212A, 213-293, 294A – 297A, 298-304, 305A, 306A, 307-320, 321-353, 386-392, shall grant a leasehold estate in and to such lot and its associated dwelling and structures unless such lease shall be for a term of thirty (30) days or more and shall expressly include a covenant obligating the tenant under the lease to abide by the restrictive covenants of the Four Seasons single family subdivision, in addition to all rules and regulations prescribed by the Four Seasons of Herndon Recreation Association in furtherance of its responsibility assigned by such restrictive covenants.
RULES GOVERNING THE FOUR SEASONS SUBDIVISION
(SECTION ONE, SECTION TWO, FOUR SEASONS)
Exterior Maintenance Regulation/Four Seasons
15. Each owner of any lot located within the Four Seasons subdivision, which is described as section 1 and section 2, Four Seasons, and which is comprised of lots 1-136, and 354-385, shall maintain the exterior condition, appearance, and surfaces of all dwellings, buildings, and other structures located upon such lot in a state of good maintenance and repair. No owner of any such lot shall allow or permit the exterior condition of any dwelling, building, or other structure located upon such lot to remain in an unfinished condition for more than six (6) months after commencement of construction, nor shall an owner of any such lot, upon which is located a structure which has been damaged by fire, windstorm, or other cause, allow or permit the exterior of such structure to remain in a damaged condition for more than three (3) months.
Trash and Refuse Regulation/Four Seasons
16. No owner of any lot located within the Four Seasons subdivision, which is described as section 1 and section 2, Four Seasons, and which is comprised of lots 1-136, and 354-385, shall allow or permit all or any portion of such lot to be used for the accumulation, dumping, disposal, or storage of litter, trash, refuse, or building materials, except for building materials to be used in and reasonably necessary for, the construction of an approved architectural improvement or alteration of a structure located upon such lot.
17. No owner of any lot located within the Four Seasons subdivision, which is described as section 1 and section 2, Four Seasons, and which is comprised of lots 1-136, and 354-385, shall allow or permit trash or garbage containers located upon such lot to remain in public view except on the days of trash collection.
Lease Regulation/Four Seasons
18. No owner of any lot located within the Four Seasons subdivision, which is described as section 1 and section 2, Four Seasons, and which is comprised of lots 1-136, and 354-385, shall grant a leasehold estate in and to such lot and its associated dwelling and structures unless such lease shall be for a term of thirty (30) days or more and shall expressly include a covenant obligating the tenant under the lease to abide by the restrictive covenants of the Four Seasons single family subdivision, in addition to all rules and regulations prescribed by the Four Seasons of Herndon Recreation Association in furtherance of its responsibility assigned by such restrictive covenants.
SCHEDULE OF CHARGES FOR RULE VIOLATIONS
A. The prescribed charge for a violation of any of the foregoing rules, each of which is deemed to be a continuing violation, shall be ten dollars ($10.00) per day for each day, or portion thereof, from the date the Board of Directors of the Four Seasons of Herndon Recreation Association first assesses the charge to the date the rules violation is abated, corrected, or otherwise ended.
Rule Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15 and 16.
B. The prescribed charge for a violation of any of the foregoing rules which is deemed to be a non-continuing violation, shall be twenty-five dollars ($25.00).
Rule Nos. 13, 17.
C. The prescribed charge for a violation of any of the foregoing rules which is deemed to be a non-continuing violation, shall be fifty dollars ($50.00).
Rule Nos. 14, 18
D. The Board of Directors of the Four Seasons of Herndon Recreation Association may suspend, reduce, or adjust the charges prescribed for any of the foregoing violations, in the course of its hearing and adjudication of the alleged rules violation, which hearing and adjudication shall be conducted in accord with the Procedures Adopted by the Four Seasons of Herndon Recreation Association for the Citation and Adjudication of Infractions of the Association’s Covenants, Rules and Regulations, to which reference is hereby made, provided however that no charge assessed shall exceed the sums prescribed herein.
7/22/1998 Revised 6/1/2010