Kingstowne Parking Regulations

KINGSTOWNE RESIDENTIAL OWNERS CORPORATION
POLICY RESOLUTION NO. 12
(Supersedes Policy No. 7) 

VEHICLE POLICIES

 Relating to the use, parking, storage, and towing of vehicles WHEREAS, Article III, Section 3(b) of the Declaration of Covenants, conditions and Restriction of the Kingstowne Residential Owners Corporation states that "the Board of Trustees shall have all powers for the conduct of the affairs of the Association which are enabled by law or the Founding Documents and which are not specifically reserved to Members or the Developer in the Founding Documents." and WHEREAS, Article VI, Sections 8(c) and (d) of the KROC Bylaws stipulate that it shall be the duty of the board to:  "Adopt and follow procedures for adoption and publication of Board Resolutions to be included in the Book of Regulations, including the provision for hearing and notice to Member" and "Adopt and publish rules and regulations including fees, if any, governing the use of the common area and facilities and the personal conduct of the Members and their guests thereon and include these in the Book of Regulations," and WHEREAS, in order to assure safe and attractive parking areas, the Board wishes to establish a comprehensive policy with respect to the parking and towing of vehicles, NOW, THEREFORE, BE IT RESOLVED THAT the following vehicle policies be adopted by the Board and that this Policy Resolution replaces in its entirety Policy Resolution No. 7, adopted by the Board of Trustees on August 17, 1987.

I. USES AND GENERAL RESTRICTIONS ON THE PARKING AND STORAGE OF VEHICLES

General.  The provisions of this resolution apply to vehicles parked or stored in open view on residential lots, in common area parking spaces or parking areas, including neighborhood common area parking spaces, on private streets, or on common areas open space within the boundaries of the Kingstowne residential community, except in such areas, if any, designated by the Kingstowne Board of Trustees, for the parking of vehicles which do not conform to the provisions of this resolution, and on parking areas of multi-family rental and condominium neighborhoods.

These rules apply equally to parking spaces and parking areas in each Kingstowne multi-family rental, condominium, townhome, and single-family-dwelling neighborhood.  More specific and/or restrictive rules may be promulgated by the Boards of directors of any condominium association or the owner of any multi-family rental property, provided that such rules otherwise comply with the provisions of this Resolution.  Multi-family rental property owners and the Boards of Directors of condominium associations may promulgate rules, which are exceptions to the provisions of this Resolution with the approval of the Board of Trustees of the KROC.

Unless other provisions prevail as detailed in this resolution, parking spaces located on general common areas or in townhome and single-family neighborhoods within the Kingstowne residential community areas are reserved for the use of Kingstowne residential owners and residents and the guests of Kingstowne residential owners and residents, and are available on a first come-first served basis.

A.                 Vehicles may be parked only in designated parking spaces and parking areas.

B.                 Vehicles may not be parked in fire lanes, or so as to occupy more than one parking space, or so as to block any sidewalk, or so as to block any other vehicle parked in conformance with this resolution, or so as to prevent ingress or egress of any other vehicle to adjacent parking spaces or a street.

C.                 All vehicles must comply with "No Parking" areas as posted or designated as a fire lane (typically designated by a yellow curb).

D.                 In any neighborhood where a residential neighborhood reserved parking space assignment plan has been adopted, no resident or guest may park a vehicle in another resident's assigned parking space without prior authorization from the resident to whom the space has been assigned.

E.                  Vehicles may not be parked or stored unattended in a hazardous condition, including, but not limited tom, vehicles on jacks or blocks.

F.                  Major repairs to vehicles, including painting and the drainage of automobile fluids, are not permitted.

G.                 No sign, initials, numbers, storage containers or other additions or alterations to parking spaces may be painted, displayed, or erected by any owner without prior written approval from the Kingstowne Board of Trustees.

H.                 Vehicles may be washed in residential neighborhood parking spaces.

I.                    No vehicle other than a vehicle clearly indicated as operated by or for a handicapped person may be parked in any space reserved for handicapped parking.

II.                 PROHIBITED VEHICLES

General.  The vehicle types described in this section may not be parked or stored in open view on residential lots, in common area parking spaces or parking areas, including neighborhood common areas parking spaces and parking areas of multi-family rental and condominium neighborhoods, on private streets, or on common area open space within the boundaries of the Kingstowne residential community except in areas, if any, designated for such purpose by KROC's Board of Trustees.

A.                 Prohibited vehicles include:

1.                  Any boat, boat trailer, or other type of trailer whatsoever;

2.                  Any motor home or self-contained camper;

3.                  Any camper slip-on where the back of the camper is higher than the roof line of the cab of the truck;

4.                  Any mobile home, trailer or fifth wheel vehicle;

5.                  Any pop-up camper/tent trailer or similar recreation oriented portable vehicle or transportable facility or conveyance;

6.                  Any other vehicle not defined above which is not normally or regularly used for daily transportation, including dune buggies, all-terrain vehicle, non-operational automobile collections or other automotive equipment not licensed for use on the highways of Virginia;

7.                  Any vehicle defined in Chapter 112 of the Fairfax county Code as a commercial vehicle;

8.                  Any vehicle with commercial signs, advertising or visible commercial equipment; except that such vehicle may be temporarily parked in the case of a vendor or contractor providing commercial services to the KROC or a Kingstowne property owner.  Such vehicles may not be parked overnight.

9.                  Private or public school or church buses.

10.              Any truck or more than two-and-one-half (2-1/2) tons empty weight (E.W.), irrespective of whether or not such vehicle otherwise complies with the provision of this article.

11.              Any vehicle longer than 18 feet or wider than 8 feet, irrespective of whether or not it otherwise complies with the provisions of this article.

B.                 All vehicles must conform to Fairfax County and State of Virginia codes, ordinances, and statues.  All vehicles must bear current licenses, registrations, stickers and certifications as required by the county and the state.

C.                 No derelict vehicle shall be parked in a Kingstowne residential neighborhood parking space or general common parking area at any time.  For this purpose, a derelict vehicle shall be a vehicle, which is defined by the Virginia Code as an abandoned vehicle.

D.                 No junk vehicle shall be parked in a Kingstowne residential neighborhood parking space or general common parking areas at any time.  For this purpose, a junk vehicle is defined as a vehicle which is missing any essential parts, such a but not limited to tires, wheels, engine, brakes, windows, lights and lenses, exhaust system, that are necessary for legal operation of the vehicle on public streets.

E.                  All vehicles must be kept in proper operating condition so as not to be a hazard or nuisance by noise, exhaust emission, fluid emission, or otherwise.

F.                  No vehicle shall be parked with "For Sale" signs except for those attached to the interior of not more than two side rear windows.

III.               RESIDENTIAL NEIGHBORHOOD RESERVED PARKING SPACE ASSIGNMENT PLANS

 General.  Designated parking spaces within a given Kingstowne townhome or single-family residential neighborhood as set forth in the provisions of this section may be assigned for the exclusive reserved use of residents within that neighborhood subject to the approval of a neighborhood reserved parking space assignment plan by the Kingstowne Board of Trustees.  To be approved, such plans must conform to the provisions of this article.

A.                At least eighty percent (80%) of the planned units within a Kingstowne neighborhood must be conveyed to owners other than the Builder or Declarant before a neighborhood can adopt a neighborhood reserved parking space assignment plan.

B.                Owners (other than the Builder and Declarant) representing fifty-one percent (51%) of the units within a Kingstowne residential neighborhood must endorse by signature the concept of a neighborhood reserved parking space assignment plan for the neighborhood, and a specific plan must be adopted by the Neighborhood Advisory Board ("NAB") in the form of a proposal put forward for approval by the NAB to the Kingstowne Board of Trustees.  Approval by the Board of Trustees of a proposed residential neighborhood reserved parking space assignment plan shall not imply a transfer or conveyance of ownership of the parking areas, which are owned by KROC.  Parking space assignments are not subject to conveyance by owners; however, upon the conveyance of the subject lot from one owner to another, the parking space or spaces assigned to the subject lot pursuant to a plan approved by the Board of Trustees shall remain in force and effect unless and until said plan is rescinded or modified by the Board of Trustees.

The Board of Trustees reserves the right to rescind or modify an approved plan at its discretion.

C.                 Any proposal for a residential neighborhood reserved parking space assignment plan put forward for approval by a NAB to the Kingstowne Board of Trustees must provide for a reasonably equitable accommodation of parking spaces among owners within that neighborhood, and must include:

1.                  A narrative describing the general intent and major features of the proposed plan;

2.                  A site plan or site plan schematic indicating all lots and neighborhood parking spaces, and the numbered identification of each parking space;

3.                  A list of all neighborhood parking spaces, and designated use of each parking space, whether for reserved, guest or open use, and the street address assignment of each reserved parking space;

4.                  A reasonable cost proposal for any painting and other signage required by the proposed plan;

5.                  A complete description of all provisions for towing from neighborhood reserved parking spaces which the NAB proposed for adoption, including a copy of each form which the NAB proposes to use for notification purposes, etc. (See Exhibit B for KROC's recommended residential neighborhood parking space assignment plan enforcement procedures); and

6.                  The signatures of owners, other than the Builder or Declarant, representing fifty-one percent (51%) of the units in the neighborhood.

D.               Any and all residential neighborhood reserved parking space identification, including any signs, labels, painted working or numeration, etc., must conform to guidelines promulgated by the Kingstowne Board of Trustees.

E.                  Each neighborhood reserved parking space, including any spaces specifically reserved for guest parking, must be visibly identifies as such.

F.                 Each entrance to any Kingstowne residential neighborhood which is permitted to operate under an approved neighborhood reserved parking space assignment plan must bear a sign, which reads "Numbered Parking Spaces Reserved" [or] "Numbered Parking Spaces Reserved - Towing Enforced" as the case may be.

G.               Thirty (30) days' notice must be given to owners and residents within a Kingstowne residential neighborhood before implementation of a reserved parking space assignment plan.

IV.              ENFORCEMENT AND TOWING

General.  Any vehicle parked in the Kingstowne residential community which does not conform to the stipulations of this resolution, including any vehicle parked in a residential neighborhood reserved parking space assigned to another, will be subject to the towing provisions of this resolution by KROC's authorized towing agent at the complete expense and risk of the owner of the offending vehicle.

In order to assist in the orderly implementation of the towing provisions of these resolutions, the KROC will implement a decal system (or similar system) to identify vehicles, which are owned by Kingstowne residents.

Under Virginia Code 46.1-551, the Fairfax County Police Department must be notified when a vehicle is being removed from private property by towing.  The initiator of the towing is responsible for notifying the police when a vehicle is removed by towing.

A.                 Vehicle towing may be initiated by any member of KROC's Board of Trustees, any KROC administrative staff member, or KROC'S managing agent; however, KROC shall not accept any responsibility for the enforcement of residential neighborhood reserved parking space assignments.

B.                 Any vehicle parked in a designated fire lane will be subject to immediate towing.

C.                 Any vehicle parked so as to block another vehicle, or so as to block a sidewalk, or so as to prevent ingress or egress from or to adjacent parking spaces or parking areas or a street, will be subject to immediate towing.

D.                 Any vehicle parked in a "No Parking" area will be subject to immediate towing.

E.                  Any residential neighborhood parking space assignee that finds an unauthorized vehicle in his or her reserved parking space may initiate towing of the unauthorized vehicle by following the procedures, if any, adopted by the neighborhood in question for such purposes.

F.                  Those parties empowered to initiate towing shall have discretionary authority to issue a warning notice to any vehicle, which is in violation of provisions of this resolution, which authorize immediate towing of a vehicle.  A notification of intent to tow shall be placed on a vehicle, which is otherwise in violation of the provisions of this resolution.  Any vehicle given such notice shall be subject to the towing provisions of this resolution at the owner's risk and expense seventy-two (72) hours from the hour such vehicle is served with a notice, except that any vehicle previously served with such notice for violation of any provisions of this resolution shall be subject to immediate towing without further notice for a repetition of the same violation.  A copy of the notice shall be retained by the KROC.

See EXHIBIT A to this resolution for a copy of the notice form to be used.

G.                 Any vehicle deemed to be derelict or a nuisance will be subject to towing seventy-two (72) hours from the hour the subject vehicle is served with a warning notice for a first offense, and will be subject to immediate towing without warning notice for any second offense of the same type.

H.                 Any prohibited vehicle will be subject to towing seventy-tow (72) hours from the hour such vehicle is served with a notice for a first offense, and will be subject to immediate towing without notice for any second offense of the same type.

I.                    Any vehicle which does not exhibit each required county and state license, registration, sticker, and certification, or which exhibits a county or state license, registration, sticker, or certification which has expired, will be subject to towing seventy-two (72) hours from the hour such vehicle is served with a notice for the first offense, and will be subject to immediate towing without warning notice for any second offense of the same type.

J.                   KROC shall engage an authorized towing agent.  KROC's authorized towing agent shall be properly insured and bonded.  Other towing companies shall not be used.  If a towing company other than KROC's authorized towing agent is used, it shall be at the complete risk of the initiator of the tow.

V.                 CORPORATION NOT RESPONSIBLE 

Nothing in this resolution shall be construed to hold KROC, the KROC board of Trustees, KROC committees or committee members, or KROC agents responsible for damage to vehicles or loss of property from vehicles, which are parked in the Kingstowne residential community.

 VI.              LIABILITY 

Owners of vehicles which cause damage on or to KROC common areas shall be held liable for such damage, including any and all costs of repairs to pavement, curbs and gutters, signs and identifications, landscaping, etc.

EXHIBIT A
KINGSTOWNE RESIDENTIAL OWNERS CORPORATION
NOTIFICATION OF INTENT TO TOW
YOU ARE IN VIOLATION OF THE DULY ADOPTED PARKING POLICY OF THE KINGSTOWNE RESIDENTIAL OWNERS CORPORATION

Date:  _______________________   Time:  ________________________
Desc:  _______________________    ID:  __________________________

(        )  PROHIBITED VEHICLE TYPE:  Exceeds size limitation of two and one half tons gross weight. Length of 18 feet, width of 8 feet.  Vehicle other than conventional passenger vehicle.

(        )  JUNK, DERELICT OR ABANDONED VEHICLE:  Vehicle without proper state and county registration or inspection; or vehicle not in operating condition.

(        )  IMPROPERLY PARKED VEHICLE:  Occupies more than one marked space, parked in a "No Parking" area, blocking sidewalk, parked on any Common Area or Lot which is not designated for parking, or parked in reserved parking space.

(        )  PROHIBITED AUTO REPAIRS:  Vehicle left unattended in a visibly disassembled condition.

(        )  OTHER: 

VIOLATORS ARE SUBJECT TO BEING TOWED AFTER 72 HOURS FROM DATE OF THIS NOTICE AT OWNER'S RISK AND EXPENSE.  The Association assumes no responsibility whatsoever for any damage to vehicles towed or for any expenses related to the towing of a vehicle.

ANY VEHICLE PREVIOUSLY POSTED FOR A VIOLATION OF ANY OF THESE REGULATIONS SHALL BE SUBJECT TO TOWING WITHOUT NOTICE FOR ANY SECOND VIOLATION OF ANY OF THESE REGULATIONS.

FOR FURTHER INFORMATION - CONTACT
Community Management Corporation at 703-922-9477 

Location Parked: _______________________   *Date Towed:  _____________________

*Posted By:  __________________________    *Time Towed: _____________________

 *Signature:  __________________________    *Towed By: ____________________

       Towed to:  _______________________

Vehicle Description:

The above vehicle was removed by the towing agent to the above location on the above stated date.

By: _________________________________________________

         Signature of Towing Agent

EXHIBIT B
KINGSTOWNE RESIDENTIAL OWNERS CORPORATION
RECOMMENDED RESIDENTIAL NEIGHBORHOOD
PARKING SPACE ASSIGNMENT PLAN
ENFORCEMENT PROCEDURES

1.                  Respect the Plan

With respect to individually assigned spaces, enforcement shall e based upon the reliance of each resident to be a "good neighbor."  Residents are expected to respect the spaces assigned for use by other residents.

2.                  Notify Your Guests

All residents are responsible for notifying their guests of the parking restrictions of the Kingstowne Residential Owners Corporation.

3.                  Place Warning Notice on Vehicle

If a resident finds it necessary to take action to exclude an unauthorized use of the assigned parking space, the Kingstowne Residential Owners Corporation recommends the resident initiate enforcement by placing a notice on the vehicle and/or sending a copy of the violation notice to the owner of the vehicle.  The notice should state the violation, request removal of the vehicle within a specific period of time, describe any further action that will be taken, such as towing, and notify the vehicle owner he will be charged for the towing and storage fees.  A sample warning notice is attached as a mere suggestion to residents.

4.                  Towing

If the suggested notice method is used and fails to correct the violation within the specified period of time, a resident has the right to tow the unauthorized vehicle.

You are hereby advised, however, that the resident solely assumes all responsibility associated with towing a vehicle from a reserved space.  The resident is fully responsible for:

a.                   Calling the tow company; making all arrangements with the tow company, including signing the impound slip.

b.                  Notifying local police 46.1-551 of the Virginia Code requires that the local police department be notified before a vehicle is removed from private property by towing.  You, the resident, are the authorizing party for the tow, and you are responsible for notifying the police when a vehicle is removed, or, at a minimum, arranging with the tow company for the tow company to notify the policy.  Either way, it is your responsibility!; and

c.                   Providing verification, if requested, of your authority to tow;

d.                  Paying any fees the tow company may charge to the person initiating the tow; and

e.                   Most important, assuming all liability in connection with removal of the vehicle.

5.                  Towing Information

KROC has engaged an authorized towing agent.  KROC's authorized towing agent is insured and bonded.  Use of other towing companies is prohibited.  If a towing company other than KROC's authorized towing agent is used, it is at the complete risk of the initiator of the tow.

WARNING

THIS VEHICLE IS PARKED IN A RESERVED PARKING SPACE.

TOWING IS ENFORCEABLE AT RESIDENT'S DISCRETION!!

Date:  __________________________  Time: __________________

This vehicle is parked in violation of the Rules and Regulations of Kingstowne Residential Owners Corporation.  You have parked in an assigned space; accordingly, this vehicle must be removed from this space within ______ hours of the above date and time.  Non-compliance with this request shall result in the removal of this vehicle from the community property.  If removed, the owner of the vehicle shall be responsible for any and all expenses associated with the removal, storage and/or any damage, which may occur in the process.

IF REMOVED, YOU MAY RECOVER THIS VEHICLE BY CONTACTING:

                        ___________________________________________

                        ___________________________________________