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In rare instances, the ARB or Board may approve variances from the Standards whenthere is justified rationale for doing so.
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Virginia Run and The Ridings of Virginia Run are carefully planned communities,which include the community facilities and 1,406 residences, from here forward,known as Virginia Run. The Virginia Run Community Association (VRCA) is anonprofit corporation to which all property owners in Virginia Run are members. ABoard of Trustees (the Board) elected by the members of the Association, isresponsible for the operation of the Virginia Run Community.
This document describes the function and purpose of the VRCA relating toarchitectural policies, as well as the applicable rules, regulations and standards fornew construction and external change and improvements to properties within theVirginia Run Community. Enforcement of these rules is the responsibility ofVirginia Run Management and the Board and not the Architectural Review Board(ARB). The ARB reviews applications and approves, approves with stipulation orrejects each one according to this set of architectural standards.
The Virginia Run Community Association’s mission is to preserve and enhance theproperty values, amenities, and opportunities in the community. It contributes to thehealth, safety, enjoyment and welfare of all residents and is charged with maintainingthe common properties and ensuring that the plan of development for the communityis preserved. Although each lot is owned privately, and the common areas are for theuse of all members of the community, there are certain restrictions and standards forthe use, improvement and alteration to the properties within Virginia Run. Bymonitoring the exterior design of improvements within Virginia Run and byregulating the use of properties within the community, the Association is able tomaintain a high standard of aesthetic quality, community identity and functionalcohesiveness that enhances property values and promotes a harmonious community.
The Architectural Standards set forth in this resolution have been created by theARB, reviewed by the residents, and approved by the Board for the purpose ofinforming all owners within Virginia Run of the applicable regulations for newconstruction, alterations and improvements to properties within the Community.They have also been amended periodically in response to issues that have arisen intheir enforcement and implementation.
Under the Declaration of Covenants, Conditions and Restrictions (the Declaration) that governs the use and development of all properties within Virginia Run (which remains in full force and effect, and as propagated by these ARB Standards), the guiding principle is that, “no improvements, alterations, repairs, change of paintcolors, excavations, change in grade, or other work which in any way alters theexterior of any property or common area or the improvements located thereonfrom its natural or improved state may be made or done without the priorwritten approval of the ARB.” Further, the Declaration provides that no building, residence, or the structure, fence, wall or landscaping may be commenced, erected, maintained, improved or altered, on any property without the prior written approval of the ARB. (Reference Declaration, Article VI. Section 1.c.) Some improvements described in this document do not require a formal application. These exceptions are described in the Standards and identified as “Pre-Approved.”
Therefore, it is the policy of the Board that all new construction and/or improvementsmade to any property within Virginia Run will be subject to the prior writtenapproval of the ARB. New construction and/or improvements will be in accordancewith the Founding Documents of the Association, all rules and regulations of theAssociation and the standards contained in this document. Reference DeclarationArticle III. Section 4. Furthermore, under Policy Resolution #6, all non-applicantsare entitled to a 10 - day period in which to appeal a decision of the ARB grantingapproval for an improvement. For this reason, “Proof of Notification” of adjacentneighbors is required for all improvements. Alternately, copies of the ExteriorAlteration Application must be mailed to the adjacent neighbors. In this case, a copyof the form, which was mailed to the neighbor and a certified Mail Return receipt,must be substituted for signed copies of the application.
Under the Declaration, it is the duty of the ARB to approve, approve with stipulationor reject the application for all improvements to preserve and enhance values andmaintain a harmonious relationship between structures and the natural vegetation andtopography.
In the event the ARB fails to approve, modify, or disapprove in writing a correctlyfiled application within forty-five (45) days, approval will be deemed granted. Totalor partial disapproval will include the reasons for such disapproval.
An applicant may appeal an adverse ARB decision to the ARB or the Board withinten (10) days of notice of the disapproval of the application. The ARB or the Boardmay reaffirm, reverse, or modify such decision.
Property owners are responsible for the maintenance of all grounds and structures ontheir property. This includes, but is not limited to, such items as mowing grass, removalof trash, removal of dead trees, removal of dead or weed type vegetation (including butnot limited to clover, chickweed, dandelions, etc.) structural maintenance and overallappearance. Dumping of debris or lawn clippings on common areas/open space andparkland is prohibited. Violations of maintenance standards will be consideredviolations of Virginia Run Declaration reference Article VI, Section 2.
Maintenance includes replacement of like items with like items. For example,replacement of brass exterior lighting with lighting of similar design, style and size inbrass requires no application prior to replacement. Maintenance of common areasand/or storage of personal effects on common areas by individual lot owners areprohibited unless written authorization is obtained from the Board.
Applicants are responsible for compliance with all local, state and federal laws andregulations, such as county setback requirements, right of way restrictions, etc. andfor obtaining all approvals and county permits for all alterations, reconstruction andnew construction upon any privately owned property within Virginia Run. Anyacknowledgement or approval by the Association of a lot owner’s request is notintended to indicate or represent that lot owners or residents have complied withcounty, state, and federal laws.
An application is required for most exterior alterations, as defined by theArchitectural Standards. Applications are not required for routine maintenance of thehomeowner’s property where items are repaired or replaced with comparable or likeitems. Where the Standards indicate “Pre-Approved”, an application for certainimprovements is not required so long as the homeowner complies with the standardspertaining to the specific improvement. When granting a pre-approved status to aspecific Standard, the assumption made by the ARB is that the homeowners willcomply with not only the letter of the Standards, but also the spirit of the Standards.The ARB has chosen this pre-approved status to minimize the level of effort requiredto receive approval for routine repairs and simple changes to homeowner’sresidences, and to also reduce the paperwork required and processed by thehomeowners, ARB, Board, and the Management Company.
The application shall be submitted to the onsite Management Office no later than4:00 PM the Friday before the regularly scheduled Tuesday ARB meeting. The ARBtypically meets the first Tuesday of each month to process homeowner applications.All applications will be reviewed and results of the review provided to thehomeowner as soon as practical, allowing for holidays, volume of applications andother delays.
A completed application packet includes all required documentation as outlined inthe Standards, including but not limited to:
Packets determined by Management or the ARB to be incomplete will be returned tothe homeowner.In the past several areas have caused problems for homeowners relative to submissionof the application. They include:
To ensure your application’s acceptance it is recommend that the homeownercarefully review the Standards, prepare the application accordingly and review againprior to submission. The goal of the ARB to is to approve all applications the firsttime and minimize the modifications required.
Failure to submit an application for exterior modification to the grounds or structuresmay result in an assessment against the homeowner. The Board may impose a $50assessment for each offense that you have completed without ARB approval. Thesecharges may be treated as a delinquent assessment by the Association if not paid in atimely manner. In addition, your use of the common areas and your ability to vote atmeetings of the Association may be suspended, and the Association may seekremoval and compensation from the courts.
Homeowners are reminded to contact Miss Utility and “call before you dig”.