HOME OWNER ASSOCIATION (HOA) CODE COMPLIANCE INFORMATION

Owning a single-family home, condominium, or townhome in a planned, covenanted community, requires membership in that community’s homeowners’ association (HOA). The rules and regulations of the HOA are outlined in their Declaration of Covenants, Conditions, and Restrictions (CC&Rs), whose purpose it is to protect, preserve, and enhance property values by assuring specific minimum community standards are met. The responsibility for enforcement of the CC&Rs lies with the HOA, as CC&Rs are not enforceable by Fairfax County. The HOA should have a good understanding, and be knowledgeable, of the regulations, restrictions, and limitations of their CC&Rs, and be proactive in enforcing them. Additionally, being proactive and working with the Department of Code Compliance (DCC) is essential to maintaining compliant neighborhoods.
Separate from the CC&Rs are county and state codes and regulations related to Zoning, Building, Property Maintenance, and Fire, all of which are enforced by DCC upon receipt of a complaint from a citizen. Common complaints received by DCC, and issues for an HOA to be aware of in residential neighborhoods include:
UNPERMITTED CONSTRUCTION – Any construction that occurs without the prop-erty owner obtaining the necessary and required building permits from Fairfax County is unpermitted construction, and is a violation of the building codes en-forceable by the county. Typically, the HOA Architectural Review Board (ARB) should be aware of, and should have approved, all proposed construction and property improvements in their community; however, situations do arise where neither the HOA nor the county are aware of, or have granted approval for, a construction activity.
What can the HOA and community do? HOA staff, maintenance employees, and all neighborhood residents, should constantly be aware of any construction that occurs in their community and if it is noticed or deter-mined that unpermitted construction may be taking place, the HOA should first contact the property owner to confirm that 1) ARB approval has been granted, and 2) county site and/or building permits have been ob-tained. County permits must be posted on the door or window of the home to be visible from the street. The HOA should require, as a condition of approval of plans by the ARB, that the property owner provide proof of building permits to the HOA prior to the start of any construction. At any point upon noticing unpermitted construction, the HOA may file an unpermitted construction complaint with DCC.
SIGNS IN THE NEIGHBORHOOD
Public Streets – Streets in most single-family neighborhoods are public streets, under the maintenance and control of the Virginia Department of Transporta-tion (VDOT) and signage, to include real estate, business, and advertising sign-age, is not permitted to be placed in a public right-of-way (ROW). Fairfax County has an agreement with VDOT to monitor and remove signage in and along 99 major public roadways; however, neighborhood streets are not a part of that program. VDOT does not have the staffing to monitor illegal signage in their ROWs; however, they have established the Adopt-A-Highway program, which provides the opportunity for a business, civic group, HOA, or an individual, to ‘adopt’ a street(s) in their neighborhood or community, such that they can clean up litter and remove signage on the streets that they adopt at any time.
What can the HOA and community do? Adopt a street, or multiple public streets, within or around their neighborhood, allowing morning walkers, HOA staff, and neighborhood residents to remove signage and clean up litter whenever it is noticed. Regularly scheduled cleanup days can also be organized.

Private Streets – Streets and travel ways in most condominium, townhome, and some single-family neighborhoods are private streets, meaning that the HOA or condominium association is responsible for their ownership and maintenance, to include sign removal and the clean-up of trash and litter.

What can the HOA and community do? Grant permission for morning walkers, HOA staff, and neighborhood residents to remove illegal signage and clean up trash and litter on HOA property whenever it is noticed. Regularly scheduled cleanup days can also be organized.
CONSTRUCTION DUMPSTERS IN THE STREET
 These containers are usually associated with the collection and removal of debris related to construction activity, and require the property owner to possess a valid building permit for the active construction. They are typically provided by contractors, property owners, or even HOAs, may be associated with either permitted or unpermitted construction, and may remain on private property for the duration of the construction project.
Public Streets – Construction dumpsters are not allowed to be located along a public street or in a public ROW, and the police should be called if one is noticed there. If the location of the container does not create a traffic hazard, the owner of the container will be contacted to remove it, and if not removed in the specified time, the police can have the container towed. If the container is in a location that creates a traffic hazard, the police can have it removed immediately.

Private Streets – The owner of the private street is responsible for regulating the placement of construction dumpsters on those private streets, and the short-term placement of a container requires the permission of the owner of the road, generally the HOA or condominium association. Placement of containers in fire lanes or in designated loading spaces is prohibited.

What can the HOA and community do? Be aware of dumpsters located in the neighborhood. For dumpsters located in a public ROW, call the Police non-emergency line at 703.691.2131 to report the location of the dumpster and the police will respond. The HOA may also contact the property owner responsible for the container to let them know that it is illegally located in the ROW, and must be removed or relocated onto their property. On private streets, residents should first contact the HOA to request approval for the location of a dumpster on HOA property. If that does not happen, the HOA should notify the property owner to require the removal of the dumpster, or its relocation to a more suitable location.
STORAGE CONTAINERS/PODS - Temporary portable storage containers are permitted on lots of 36,000 square feet (SF) or less for a period not to exceed 30 consecutive days within a 6-month period, and on lots greater than 36,000 SF for a period not to exceed 60 consecutive days within a 6-month period. In cases where a dwelling unit has been damaged by casualty, such as fire or flooding, a temporary portable storage container may be allowed for longer time periods, with the approval of a temporary special permit, in accordance with Section 8-812 of the Zoning Ordinance. Temporary portable storage containers are not permitted in the public ROW.
What can the HOA and community do? For storage containers/ pods located on private property for long periods of time, contact DCC. For storage containers/pods located in the ROW, contact the Police Department: 703-691-2131.
COMMERCIAL VEHICLES - One (1) commercial vehicle may be parked on a residential lot if it is owned and/or operated by the occupant of the residence, and is not a prohibited commercial vehicle.
What can the HOA and community do? For complaints about prohibited commercial vehicles on a residential lot, contact DCC. For complaints about commercial vehicles on public streets, contact the Police Department: 703-691-2131. For complaints about commercial vehicles on HOA property, contact the residents directly to address the situation.
OUTDOOR STORAGE - On residential lots, outdoor storage may only be located on the rear half of the lot, may not be in the front yard, and may not exceed 100 square feet in area. It must be screened from view from the first-story window of nearby homes; tarps and canvas covers are not an acceptable means of screening.

Construction materials and equipment may be stored on residential property only if the property owner has a valid building permit and work is in progress on the same property.

Items stored in a carport (other than a vehicle) and/or in the open bed of a vehicle or trailer are regulated as outdoor storage and must comply with the associated regulations.
What can the HOA and community do? Contact DCC to file an outdoor storage complaint.
PROPERTY MAINTENANCE - The Virginia Maintenance Code requires the exterior of a structure to be maintained in good repair, and to be structurally sound and sanitary so it does not pose a threat to public health, safety, or welfare.
What can the HOA and community do? Since architectural guidelines are typically more stringent than the Virginia Maintenance Code DCC enforces, issue letters to owners for properties in disrepair that do not meet those architectural guidelines. Contact DCC for extreme property maintenance issues.
HOME OCCUPATIONS/BUSINESSES - Article 10-300 of the Zoning Ordinance regulates home occupations. Certain home occupations are permitted uses in a residential dwelling unit with a home occupation permit, to include but not limited to: artists, authors, clothing alterations, home offices, schools of special education, and the rental of not more than 2 rooms to a non-transient renter(s).
What can the HOA and community do? Assure that HOA regulations address home occupations/ businesses and require the property owner to notify the HOA of a county approved businesses in their home. Contact DCC if an illegal home business is suspected in the neighborhood.
SUGGESTIONS FOR AN HOA TO MAINTAIN CODE COMPLIANCE IN THEIR COMMUNITIES
Promote citizen involvement to create a sense of neighborhood pride by encouraging residents and property owners to maintain their homes and yards to preserve property values and discourage crime.
Request a presentation from DCC at an upcoming HOA meeting – DCC staff can visit the community to provide outreach and education in a presentation to HOA members and residents about the complaints we receive and the codes we enforce in residential communities. Contact the DCC office at 703-324-1300 to schedule a presentation.

Know and use the CCRs – know and understand the regulations, restrictions, and limitations of the neighborhood HOA CC&Rs, and be proactive in enforcing them.

Sponsor annual neighborhood cleanup days – Schedule annual neighborhood cleanup days. Coordinate with Fairfax County Solid Waste to provide dumpsters for the collection and disposal of unwanted items.

Establish neighborhood compliance committees - Conduct yearly or biyearly annual inspections for not only HOA architectural guideline violations, but for common zoning or property maintenance violations. Consider monthly or bi-monthly ‘drive by’ inspections through the neighborhood. Establish beautification awards given for the best maintained properties.

Issue Educational Letters - In situations where an HOA notices multiple cases of the same violation, DCC can assist by issuing an informational/educational letter to the HOA on County letterhead, explaining the county code associated with the violation and the options available to achieve compliance. The HOA can then distribute the information letters to its residents.

Regularly Maintain HOA Common Areas, Private Streets, and Property
 1. Exterior Common Areas
  **Repair fences, sidewalks, bike paths, recreation/play equipment, and other common features
   **Clean up trash and debris in common areas and in or around dumpsters
   **Replace dead, dying, or removed trees and shrubs in transitional screening yards or buffer areas shown on the approved Site or Subdivision Plan.
 2. Building Interior Common Areas (Condominiums, recreation centers)