ARC >> ARC Guidelines

WHEREAS, Article VI, Section 1 of the Declaration of Covenants, Conditions, and Restrictions requires Owners to obtain written consent of the Board of Directors or the Architectural Control Committee (a.k.a. “ARC”), as appropriate, for certain changes to Lots and Structures.

WHEREAS, Article VI provides for an ARC to review applications for such changes and

WHEREAS, the Board of Directors deems it necessary to establish guidelines and procedures for Owners wishing to make changes to their unit or the common elements; and

WHEREAS, the Board of Directors deems it necessary to replace the existing guidelines set forth in Administrative Resolution No. 8, and that henceforth this resolution shall supercede and replace the previously enacted resolution and

“NOW THEREFORE, BE IT RESOLVED THAT THE FOLLOWING BE ADOPTED, and SHALL SUPERCEDE ALL PREVIOUS RESOLUTIONS PERTAINING TO THESE SAME MATTERS”:

1. In support of Article VI, Section 1 of the Alden Glen Declaration, an owner shall be given the opportunity to attend a Hearing on any violations and possible monetary sanction that may be imposed after the hearing held by the ARC or the Board of Directors. Hearings are held when any exterior modification work that is started and or completed to any unit or property without an approved application, maintenance discrepancies or violations of this regulations are determined to exist, or when a violation is found after inspection.

2. Any owner unsure if an application is necessary should contact the Alden Glen Community Association (“AGCA”) Property Management Company or a member of the ARC Committee.

3. “Exterior Modification Work” includes but is not limited to all exterior changes described or mentioned within this document, such as windows, siding, landscaping, paint color, roof color, etc. Please refer to other sections of this document for more specific guidelines.

4. A hearing and possible monetary sanction may also be imposed by the ARC or the Board of Directors for any maintenance violation or violations of these regulations.

5. No exterior alteration or addition may be made without prior application to and approval of the ARC or the Board of Directors, except as noted in this resolution.

6. Interior unit changes need not be approved, except when common walls between units are to be changed, if the common wall is to be changed or modified written application and ARC approval are required.

7. Certain changes and additions are prohibited by this resolution.

8. All Owners are held responsible for assuring that changes and additions are made only in accordance with the provisions of this resolution.

9. The Owner of any lot shall, at his own expense, maintain his lot and dwellings, and all decks, fences, sheds, play structures, landscaping, shutters, trim, windows, doors and all other components thereto in good order, condition and repair and in a clean, sightly and sanitary condition at all times.

10. Monetary sanctions means those charges as set by the Board of Directors, in compliance with the Virginia Property Owners’ Act, and can include a one time charge of up to $50.00, or a daily charge of up to $10.00 per day for up to ninety days, and will include all costs for collection, recordation and enforcement of the monetary sanctions.

1. REQUIREMENTS FOR ALL APPLICATIONS
   1. Owners wishing to make any changes enabled by the resolution must submit the proper written application with all appropriate sections completed.

   2. Oral requests will not be considered.

   3. Each alteration or addition must be specifically approved even though the intended alteration or improvement conforms with this resolution, even when a similar or substantially identical alteration or addition has been previously approved.

   4. When work is performed within a townhouse unit the Owner is responsible for assuring that any changes or additions are made in conformance with this resolution. Failure to comply may subject the Owner to the remedies set forth in Article VI Section 11 of the Declaration of Covenants, this Resolution, and the Virginia Property Owners’ Act, as amended.

   5. Approval of any project by the ARC does not waive the necessity of obtaining the required governmental permits.

   6. Obtaining a governmental permit does not waive the need for Administrative Approval.

   7. The ARC will not knowingly approve a project which is in violation of the local building or zoning codes.

2. ADMINISTRATIVE APPROVAL AND REVIEW
   1. Applicant must file the proper application with the ARC at the Association’s address or with one of the committee members.

   2. The ARC will ascertain whether the proposed change conforms to the specifications approved by the Board.

   3. If the proposed change conforms to the approved specification, the ARC will approve the application. One copy of the approved application will be returned to the applicant and one copy will be filed with the AGCA

   4. If the change does not conform to the approved specifications, the application will be rejected and returned to the applicant. The reasons for disapproval shall be stated as part of the written decisions.

   5. The applicant is free to request reconsideration, if new or additional information which might clarify the request or demonstrate its acceptability can be provided.

   6. ARC decisions may be appealed to the Board of Director. Appeals procedures are set out in Policy Resolution No. 6, Establishing Due Process Procedures, Section II.

   7. The applicant shall be informed in writing of any decision by hand delivery or by First Class, Registered or Certified Mail, Return Receipt Requested to the member at the address of record with AGCA.

   8. All applications shall receive a reply within sixty (60) days of submittal. If the applicant does not receive a reply within this timeframe, the request shall be considered to have been approved.

1. Where the changes affect or where the change affects common utilities or involve temporary interruption of common utility services, applicants are required to coordinate in advance arrangements with the AGCA and any affected neighbors. In any case, common utility service may not be interrupted except between the hours of 7 a.m. and 8 p.m. on weekdays. Service may not be interrupted on weekends or holidays.

2. Applicants are responsible for removal of debris generated in the course of the change.

3. No sawing, hammering, or other noisy construction activities are permitted except between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and holidays.

4. Where common wall construction is required for interior work, the following may also be required to the extent applicable:
   1. pre design conference with the ARC
   2. preliminary submission consisting of:
      1. drawings
      2. floor plans
      3. construction schedule
      4. proof of approval of other owners adjacent
      5. names of contractors and mechanics
      6. permit application

1. BUILDING ALTERATIONS AND ADDITIONS
   1. Exterior structural changes or additions to the units are prohibited.

   2. Changes to exterior molding, doors, or siding, including color changes are prohibited without application.
      1. Owners must submit an application for aluminum siding to be replaced with vinyl siding by submitting a written request through the ARC. In the event vinyl siding is requested as a replacement to the existing aluminum siding, an application must be submitted to the ARC. Substitutions for siding may be permitted if the requested replacement occurs as a result of damage to the existing siding which necessitates replacement. In the event of conversion from aluminum siding to vinyl siding, ALL existing siding on a unit must be replaced, to ensure uniformity of a unit’s front, side (if applicable) and back.

      2. Vinyl siding must consist of a 3 ¾ to an 8 inch profile, dependent on the existing siding profile on the home, and be of a grade of .42 to .44 millimeters in thickness, of the same color, or suitable replacement color as the siding to be replaced, and must carry a limited lifetime warranty against hail damage, transferable to subsequent owners. No siding of less than .42 millimeter in thickness shall be installed as a replacement to existing siding.

      3. Owner shall, at the completion of the conversion to vinyl siding provide the Association with a copy of the Lifetime Warranty for the siding installed, along with the name of the Manufacturer and color.

      4. Siding color may be changed only in the event existing color is not available, and such color change is approved by the ARC. Such approved color change may result in and necessitate a change in trim and door colors, so that any change necessitated by market conditions which occur only when a replacement color is not available shall harmonize with the existing color scheme for the community as originally envisioned by the Declarant. Changes to siding color and trim color necessitated by market conditions must have the approval of the ARC.

      5. In the event siding color is changed as a result of market conditions, roof color may be changed to an approved roof color already contained within the community, to harmonize the color change with the existing colors of the adjacent homes. Roof color changes must be approved by the ARC.

      6. In the event the installed vinyl siding is damaged, shows excessive wear, is determined to be in need of repair, or becomes a nuisance or annoyance to the other members, the owner will be required to repair and replace the siding in part or in its entirety.

   3. Changes to the existing rails, house numbering system, or stoops are prohibited without application to the ACC.
      1. Vinyl window casings are expressly prohibited without application.

      2. House Numbers shall be of black wrought iron 4” high numbers, in a style consistent with current numbers in the community.

   4. Approved colors for the community are as follows:
      1. ALUMINUM SIDING COLORS
      2. BRICK COLORS
      3. DOOR/SHUTTER COLORS
      4. TRIM COLORS
      5. ROOF COLORS
      6. BAY HOOD

   5. Ornaments, statues, or other figurines for placement in front yards or common elements require application

   6. Holiday decorations must be removed within 30 days of the holiday for which the decorations were intended.

   7. ATTIC VENTILATION
      1. Attic vents, both convection and electrical, must meet building codes as stated by the manufacturer or county. Attic vents must be located on the backside or on the gable of the vent unit. The application submitted for approval must also have the specification sheet of the ventilation unit.

   8. SHUTTERS
      1. Shutters may be approved for models originally designed without shutters. The shutters may be of the same color as that of the front entrance door. The application must have the model name as shown by the builder for approval.
         1. Shutter colors will be approved on an individual basis, and an application must be submitted.

   9. DOORS: DOORBELLS, KNOCKERS, PEEPHOLES, KICKPLATES, AND SCREEN DOORS
      1. All door hardware must be brass and compatible with the architectural character of Alden Glen. Knockers must not exceed twelve (12) inch maximum length and may be of wrought iron or bright brass, in a style consistent with the current style. Storm/screen doors must be full view and the color must exactly match either the front entrance door or the trim color of the house in the approved color for Alden Glen.

   10. FENCES
       1. Fences must be constructed of wood or approved low-maintenance wood composite (only with an ARC application and approval) and conform to the alternating board style. Cast Iron, or aluminum, vinyl and vinyl clad fences, white in color, are expressly prohibited. Fences must be a minimum of five (5) feet in height and maximum of six (6) feet in height and extend to the existing fence line or 1 foot inside of the property line. Applicant must submit a plat with the application. Existing privacy fence cannot be removed or eliminated on corner lots. Fences may be protected by a clear, natural colorless coating or preservative. Each fence which is built as a part of the original construction of the townhouses upon the property and placed on the dividing line between the lots shall constitute a party wall, and, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners of the lots who make use of the wall in proportion to such use. The right of any owner to contribution from any other owner under this section shall be pursuant to Virginia Statute.

   11. DECKS
       1. Decks must be constructed of pressure treated wood constructed of wood or approved low-maintenance wood composite (only with an ARC application and approval). Second-story decks may not exceed fifteen (15) feet in depth off the back of the house. All decks must have a least a one (1) foot clearance from any/all party walls/fences. Footings must meet current county codes at the time of approval. Railings must have no vertical or horizontal openings greater than three and one half (3½) inches. Ledgers and beams must be attached with carriage bolts. A copy of your plat must be submitted with your drawing and the drawing must show the dimensions of the deck. Permits must be secured by the owner and properly displayed. Decks may be protected by a clear, natural colorless coating or preservative only.

   12. SHEDS
       1. Sheds must be constructed of the same materials used for the fences or for the exterior siding, which may be vinyl on the constructed shed. Sheds can be composite wood, wood or vinyl and must have approval by the ARC for size. Only Gable or Shed roofs will be permitted. Sheds must be built along the side of the fence within your property line. The base of the shed must be framed and have a gravel or concrete floor. Lining material may be placed on the inside of the shed for waterproofing only. A plat must be submitted with the dimensions of the shed for approval. A copy of the shed building plans must be submitted to the ARC. Sheds may be protected by a clear, natural colorless coating.

   13. LANDSCAPING AND PLANTING
       1. All units are granted a maximum three (3) feet depth planting bed in front of each unit.

       2. Planting borders (edging) can only be placed to follow the outline of the planting bed.

       3. Planting beds along the lead walk must be within the maximum allowable dimensions of twenty-four (24) inches.

       4. End units are allowed planting beds no greater than thirty six (36) inches in depth from the wall along side the unit.

       5. All changes in landscaping and planting applications must be signed by adjoining neighbors on the application when submitted for approval, and a reasonable effort must be made to contact nonresident Owners.

       6. All units shall have sufficient evergreen shrubbery screening along the front of the dwelling on both the left and right sides of the front entrance door to screen the foundation. Alterations of existing beds with regards to the types of plant changes to be made must be approved by the committee prior to planting. No approval is needed for annuals.

       7. Planting of trees must be approved by the committee prior to planting. The application must show the type of tree to be planted. Before trees are planted, it is advised to contact Miss Utility before digging.

       8. Planting of backyards need not be approved if yard is fenced in except for the planting of trees. Plant material shall not be allowed to grow through, above or on the fence. Landscaping should be consistent with landscaping within the community.

       9. Common area landscaping must be reviewed and approved by the committee and Board.

       10. Plats must be submitted with landscaping and planting applications showing where the change will be made.

       11. Bushes shall be trimmed and maintained as shrubs, no higher than 4 feet in height.

       12. Trees should be properly maintained to minimize contact with the house windows or adjoining neighbor, and should be trimmed to maintain a neat and orderly appearance.

   14. PROHIBITED ITEMS/USES - The following items are strictly prohibited
       1. Painting of exterior brick (is strictly prohibited)

       2. Aluminum Siding may be painting using the appropriate paint for siding material ONLY with ARC approval.

       3. Any Fence in front yards (forward of back house line)

       4. Removal of the existing fences other than for immediate replacement purposes.

       5. Storm windows, storm and screen doors with baked white enamel or non approved colors

       6. Vinyl cased windows and doors in any color requires approval from the ARC.

       7. Baked color enamel not in harmony with existing color schemes

       8. Bronze enamel finishes

       9. Hedge and/or shrubs planted in a hedge-like manner which border the property line in front side or rear or along the common sidewalk

       10. Trees, hedges and shrubs which restrict sight lines for vehicular traffic

       11. Vegetable/fruit plants and or gardens outside or above fenced area. No vines to or from a deck

       12. Open compost pile

       13. Window awnings on the front, side or rear of the townhouse

       14. Exterior lighting creating an annoyance to any other owner

       15. Free standing flag poles. Temporary flag poles will be authorized if not in excess of six (6) feet in height. Flag pole brackets should be mounted on the exterior masonry or door frame seven (7) feet above the ground. Each unit is limited to flying one (1) flag at a time.

       16. Storage of any item(s) outside of the fenced-in area. Storage PODS are specifically prohibited within the confines of the AGCA.

       17. Erection of signs or posters of any nature which are larger than one square foot with the exception of temporary signs smaller than six square feet advertising the sale or rental of the home.

       18. The airing or drying of laundry out of doors

       19. The raising, breeding or keeping of any animal that is considered livestock or a farm animal.

       20. Noxious, offensive activity or activity which is or may become a nuisance or annoyance to other owners. Any owner is advised to report such activity to the proper civic authorities.

       21. Lead walk and front stoops with other than a natural cement broom swept finish

       22. Fruit bearing trees of any kind

       23. Any trellis that is attached directly to the house structure. Trellis should have at least a six (6) inch offset from the house.

       24. Any shade structure other than a patio umbrella not to exceed 9 feet in diameter is strictly prohibited from being used on a second-story deck, with the exception of full retractable awnings. Retractable awning on rear decks will be considered, after consultation with the adjoining neighbors affected by the addition of a retractable awning to a structure, and additional conditions may be imposed by the ARC or the Board upon approval of any retractable awning.

       25. Shade canopies of any kind on the ground level must have ARC approval.

1. All plants, topsoil, or humus are to be left alone, except for work performed by authorized Association personnel or contractors. This includes digging, cutting, or planting of new trees or plants, including flowers.

2. Please keep the common areas clean, especially where children play. No glass or metal containers, except for nursing bottles are allowed in the play areas.

3. Anyone using the common areas or walkways before 7:30 a.m. or after 9:00 p.m. should refrain from loud and or boisterous activity.

1. The Alden Glen Community Association gives its approval to the Animal Warden of Fairfax County, Virginia to enforce the Fairfax County Leash Laws and other related animal control laws on the private property of the Association.
   1. The Animal Warden/Fairfax County Police have the authority to issue citations, fines and impound any offending animal or any animal deemed to be a threat to public health and/or safety.

2. Association members shall report violations of Fairfax County Leash Laws and related animal control laws directly to the Animal Warden of Fairfax County, Virginia.

3. Pet owners are entirely responsible for the actions of their pets and for any damage to the Association common area or physical injury they may cause. Therefore, the following local Association rules are in effect. Pet owners must respect all property within the Alden Glen community
   1. No Dog may run free on Association common areas.

   2. Pet owners must immediately remove all pet waste from Alden Glen Common area as it occurs and must be disposed of properly. Animal waste, including but not limited to animal feces, may not be thrown into the woods, tree-line area, sewers, etc.

   3. Cats are not restricted in the same manner as dogs within the Association common area and will be allowed to run free, however, cat owners should be careful that their pet does not become a habitual source of complaint. In the event any cat is a source of complaint three (3) or more times, the AGCA-ARC or Board of Directors will take action on these complaints and restrict the activities of individual cats as needed.

4. Association members shall report incidences of noncompliance with Association or Fairfax County laws directly to an authorized agent or a board member. Non compliance with the law and association rules will be considered violations of Article VI Sections 7 and 13 of the Declaration of Covenants, Conditions and Restrictions. Appropriate measures will be taken by the Alden Glen Board of Directors to enforce compliance with Association rules and to seek reparation from a pet owner if their animal damages, soils or defecates on Association common areas and the owner takes no action to remove the offending material.

1. INSPECTION

   The ARC shall periodically survey the common areas, members’ lots and approved projects for compliance with the guidelines. Lots shall be inspected on a periodic basis for violations that reflect a lack of routine maintenance, good order, condition and repair, unclean, unsightly and/or unsanitary conditions within the Lot.

2. VIOLATIONS
   1. All reports of alleged violations of this resolution will be submitted to the ARC for review to determine whether a violation exists.

   2. If the ARC determines that a violation exists, the chairman will notify the Board of Directors of the violation. The committee chairman will appoint two members of the committee to attempt to meet with the Owner to discuss the violation and the corrective action that will be taken by the Owner.

   3. A report will be submitted to the Board of Directors explaining the plan of action agreed to by the Owner and the timeframe to correct such action. A copy of the report will be given to the Owner.
      1. A first notice of citation shall be issued in writing and delivered by regular mail to the Owner at his/her address listed in the Association's records, and to the property address, if the owner's listed address is different from the property address.

      2. The first notice of citation shall generally advise the owner of the nature of the offense, shall cite the specific provision within the Association's regulations which has allegedly been violated, specify the remedy required, and state the number of days within which corrective action must be completed.

      3. If the offense is not remedied within the number of days requested in the notice of citation, the ARC reserves the power to issue a second notice of citation, which shall follow the basic form of the first notice of citation and include a scheduled hearing date.

3. At the end of the timeframe agreed to, the two committee members will return to verify that the corrective action has been completed.
   1. Upon completion of the review, a report will be submitted to the Board of Directors verifying that the action taken complies.

   2. In the event that corrective action does not comply with the agreed plan of action, a report will be submitted to the Board of Directors for further action.

   3. The Board of Directors action may include, at their discretion, any or all of the following:
      • Issuing a cease and desist request or a second violation notice.
        1. The second citation shall also warn the owner of the Board's power to impose monetary sanctions for offenses of the Association's regulations and shall inform the owner of the date, time and place of a hearing before the Board of Directors to contest the citation.

        2. The second notice of citation shall be delivered by hand or mailed by registered or certified mail, return receipt requested, to the owner at his/her address listed in the Association's records, and to the property address, if the owner's listed address is different from the property address. The notice shall be sent at least fourteen (14) days before the scheduled hearing date. Notification will be deemed effective if any owner fails or refuses to sign for any registered or certified mailing from the Association.

        3. If the offense is not remedied within the number of days requested in the second notice of citation, the hearing shall be convened on the scheduled date. At the hearing, the Board of Directors shall provide the owner with a reasonable amount of time to present any and all defenses to the citation. The owner may have counsel present at the hearing.

        4. Following the hearing, the Board of Directors shall meet in executive session to determine whether satisfactory proof of the alleged violation was presented, and if so, whether monetary sanctions should be imposed.

        5. When the Board's judgment is unfavorable to the owner, the Board shall undertake the administrative actions required to effect the monetary charges as an assessment against the owner's lot. Monetary charges may not exceed $50.00 for a single offense or $10.00 per day for any offenses of a continuing nature, and shall include costs and all legal fees incurred, in addition to the monetary sanction. In conjunction with the documents, the Board may also enter the property to make any and all corrections at the owner’s expense. Charges may include the cost of service charged by a contractor or an hourly rate charged by the Association for work performed, or any charges for management employees, and administrative charges assessed by the managing agent and/or site office.

      • Requiring the Owner to remove the unacceptable improvement or restore the affected area to its condition before the change.

      • Having the AGCA correct the violation, with associated expenses charged back to the Owner.

      • The Board of Directors reserves the power to hold owners legally responsible for ensuring that their tenants, guests or invitees comply with the Association's Regulations.

      • The procedures outlined in this Resolution may be applied to all violations of the Association's Regulations, but do not preclude the Association from exercising other enforcement procedures and remedies authorized by the Association's legal documents, including, but not limited to, the filing of liens, the initiation of suit or self-help remedies.