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Architectural Review BoardStandard Operating Procedures of

Worthington Woods Homeowners Association

INTRODUCTION

Purpose: The purpose of these regulations is to provide a systematic and uniform method of operations ofthe Architectural Review Board (ARB) and Board of Directors.

Scope: These regulations cover the membership, meetings, architectural standards, duties, responsibilitiesand methods of requesting, reviewing and approving individual matters by the Architectmal ReviewBoard. These regulations are not intended nor should they be used to supersede my Covenants, CountyOrdinances or codes, Regulations of Fairfax Count}' Zoning Ordinance or acceptable constructionstandards.

Action: Effective this date the Architectural ~view Board shall conduct their business in accordancewith the attached regulations and further shall bring any extraordinary business that comes before them tothe Board of Directors.

Authority: These regulations have been approved by the Board of Directors and are in accordance withthe Articles of Incorporation, Declaration of Covenat)ts, and By-laws.

REGULATIONS

Membership: The ARB shall meet on a monthly basis. In the event that there is no ARB business to beaddressed, the Chairperson may cancel the regular meeting by so notifYing the ARB members. In theevent that it is known beforehand that a quorum (3 members) will not be present, the regular meetingshall be rescheduled for the earliest possible time.

Special Meetings: The ARB may meet specifically to conduct its business as required by theseregulations. Only an ARB member or the Board of Directors may call a special meeting .

•

Responsibilities: In an effort to protect property value of all units, the ARB must review and approve ormake recommendations for all requests for exterior additions or modifications. prior to initiating theaddition or modifications. In this way, no one will ~ subjected to a carelessly designed addition, whichcould adversely affect the architectural integrity or property value of a unit 1be ARB will concentrate onkeeping all requested additions or modifications within the original architectural style established by thebuilder, including choice of colors.

All approved requests for exterior additions or modifications to the exterior of any property must becompleted within three (3) months of approval date. Additional time to complete an approved project willbe considered by the ARB upon receipt of a written request Failure to comply will result in penalties.

All requests for additions/modifications will be submitted in writing to the ARB, c/o lU(n e(5, 1/011rrlcr~ ·Co.

Notice of Violation. In addition to all and any remedies available to the Association for any violation ofthe Articles of Incorporation, Worthington Woods' Architec~al Regulations, Fairfax County ZoningOrdinances, Architectural Control Regulations, and other rules, regulations or guidelines as adopted by

. the Board of Directors, the Association, through the ARB, may issue to the owner of any lot a Notice ofViolation as to any violation committed by the owner(s) or resident(s) regarding any condition of such lot.

The Notice of Violation shall be mailed to the last known address of the owner and shall state the nature

and date of the alleged violation and a dak; time and location that the ARB sball either authorize apenalty assessment not to exceed fifty ($50) dollars, or if the violation continues in nature, whether toauthorize a continuing penalty assessment, not to exceed ten ($10) dollars per day until such violation iscorrected. The notice shall state that the owner bas the right to be present in person to be heard on theissues at hand. The ARB is hereby empowered to:

a. issue and authorize penalty ~ as described below;b. without notice, suspend the running of any continuing penalty assessment;c. without notice, waive any penalty assessment if in its discretion it feels the owner is taking

adequate steps toward or has corrected the violation.

Any penalty assessment so authorized and issued shall carry with it all rights and remedies due any otherassessment of the Association.

Penalty A~ent Schedule for Violations. The Association reserves the right to assess charges underthe Virginia ?roperty Owners' Association Act, Article 55-513. EffeCtive October I, all violations shallhave a penalty assessment applicable to the inftaction as follows:

Penalty Assessment Level "A"Penalty Assessment Level "B"Penalty Assessment Level DC"

Penalty Assessment Level "0"Penalty Assessment Level "E"

$50 per offense, $10 per day for a continuing condition$20 per offense, $5 per day for a continuing condition$10 per offense, $5 per day for a continuing condition$10 per offenseActual cost of repairs/maintenance

The cost of all enforcement actions against any homeowner, tenant or resident may include but are notlimited to: peQalty assessments, all of the Association's legal fees, administrative fees, collection fees, andany other related costs shall be added to the annual assessment to which such homeowner or resident issubject, and shall also become a personal obligation of the owner.

Regulations

1. Decks - Penalty Assessment Levels "A" and "E"2. Fence and Gate Guidelines - Penalty Assessment Levels "1\" and "E"3. Paint and Stain - Penalty Assessment Levels "A" and "E" ,4. Antennas and Satellite Dishes - Penalty Assessment Levels "B" and "E"5. Clothes Drying Facilities - Penalty Assessment Level "0" .6. Exterior Lighting - Penalty Assessments Levels "A" and "B"7. Lawns - Penalty Assessments Levels "C" and "E"8. Recycling Bins and Trash Containers - Level "0"9. Satellite Dishes and Antennas - Penalty Assessment Levels "B" and "E"

10. Shutters - Penalty Assessment Levels "A" and "E"II. ~ - Penalty Assessment Level "0"12. Sheds - Penalty Assessment Levels "A" and "E"13. Storm Doors and Screen Doors - Penalty Assessment Levels "A" and "E"14. Trees. Shrubs and Hedges and Flowers - Penalty Assessment Levels "B" and "E"IS. Use of Property - Penalty Assessments Levels "A" and "E"16. Window Air Conditioning Units - Penalty Assessment Levels "A" and "E"

- ?- WWHOA: ARB Standard Operating Procedures

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DUTIES OF THE ARB

The ARB Shall:

(1) Conduct semi-annual surveys for the condition and m~ of each townhouse in theWorthingtnn Woods Community. A written report oftbese surveys will be conveyed to the Board ofDirectors. 1be report shaD contairl as a minimum my violatioDs of the regJlbtinn!iZof the WorthiDglonWoods' Architcctural Regulations, and any other recomhlP.l'ldPJdimprovements to 1he community. TheARB will direct the means by which individual violations sbaIl be notified.I

(2) Act p.uu1pfiy on any request(s) pending before the ARB. Any and aD requests sball be actedupon during the next regular or spccialillefting Notification of approval or disapproval shall be conveyedto the requesaor within forty-five (45) days upon ~ of the RqUG3t(s) by the ARB.

(3) Keep complete and accurate minutes of all meetin~ including recmIs of all actions andvotes taken.

(4) Ensure that all violatioDS of these regulations are cleared within sixty (60) calendar days asarranged by the ARB.

The Homeowner Shall:

Homeowner Action: Any ex:terior repairs. replcK-.ementsor additions that are covered by these regulationsor theWmthingfnn Woods' ArcbitecImal Rr.gplatjons sbaI1require 1he a.....uwDei to submit in writingsuch a request which meets aD the requiremeots of1hese regplatinns to 1bc ARB c/o --rut/le ("'j /fbA pi .•-f:. . (6 .Two copies shall be submitted, one for the ARB files. and one to be returned to the Homeowner with Jstatement of approval/disapproval. At such time wbcn alterations are proposed to a property that are notcovered herein, the ARB will advise the owner in writing on ~Qo..

ARB Action: At each regular or special meeting of the ARB, all homeowners' requests shall be review~and unless a site in~on is required, shall be voted upon by the ARB and a writtenapprovaVdisapproval notification shall be prepared. The ARB chairperson shall scbcdule and coordinatefollow-up inspection and final approval. In cases where on-sitc in~OIl is ~ the chaiIpersonshall schedule such inspection with the homeowner. The final inspection will be conducted by a minimumof two (2) ARB members. The results of the inspection will be discussed at the next ARB meeting toreview and vote upon the pending requests and process them accordingly.

Ap.IJCalsProcess: As stated in the Worthington Woods' Architectural Regulations, homeowners reservethe right to appeal any decision of the ARB to the Board of Directors. The Bomd of Directors will make afinal decision after reviewing the case as presented by the homeowner and the ARB.

Enforcement: The Association shall have the right to enforce. by any ~ing law or inequity. allrestrictions. regulations, covenants, reservations. liens and cbarges or hereafter imposed by the provisionsof the Wortbir\gtnn Woods' Arcbitectural Regulations. Failure by the Association or by any owner ofdeclarant to enforce any covenant, regulation or reservation herein contained shall in no event be deemeda waiver of the right to do so thereafter.

Adopted at a meeting of the Board of Directors held

~, 1Jl6L~ __~t . 1i' %J~~n/Vice '<1 ' -',

WWHOA: ARB Standard Operating Procedures -3- Printed: 8/18/99

Resolution No. 99-1 for

Worthington Woods Homeowners Association

Rule Violations: Complaint and Due Process Procedures

WHEREAS, Article II and Article VII of the DecIarntion of Covenants. Conditioos and Restrictions(hereinafter "Declaration") and Article VII, Section 1 of the Bylaws of the Worthington WoodsHomeowners Association, Inc. (hereinafter the "Association") grant the Board of Directors the power toadopt, amend and publish rules and regulations governing the use of the property and the conduct of theAssociation members and their guests therein; and

WHEREAS, Section 55-515 of the Virginia Property Owners Association Act, Code of Virginia(1950, as amended) and as it may be amended (the "Act") and Article II and Article VII of the Declarationcharge all Lot owners and their tenants, guests and inviteeS with compliance with the Declaration, Bylaws,Rules and Regulations (the "Governing Documents") of tile Association as amended; and

WHEREAS, Section 55-513 B. of the Act and Article VII, Section 1 of the Bylaws provide theAssociation through its Board of Directors with the power to ~ charges against lot uwners for violationsof the Governing Documents and the rules and regulations, for which the lot owner or his family members,tenants, guests or other invitees are rc;sponsible; and

WHEREAS, Section 55-513 B. of the Act ftirther provides that certain procedures must be followedbefore such charges may be assessed; and

WHEREAS, it is the intent of the Board of Directors to enforce the Governing Documents for thebenefit and protection of the Association's lot owners and residents by establishing procedures which ensuredue process and consistency of enforcement.

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the Board of Directors by the Act, theGoverning Documents and this resolution are hereby empowered to assess charges pursuant to Section 5S­513 B of the Act and shall assess such charges for any violation of the Governing Documents or rules onlyafter the following procedures have been followed:

1. Complaint.

A. Any lot owner, tenant, managing agent, e1W>loyeeor Board member who requests that the Boardtake action to enforce the Governing DOcuments and Rules shall complete, date and sign aComplaint in a form similar to and containing the information contained on Exhibit" A" hereto.

B. The Complaint shall be submitted to the Board of Directors for a determination as to whether itappears that a rule or provision of the Governing Documents allegedly has been violated

C. The Board of Directors shall then take appropriate action, such as directing that a demand letter besent or that it be referred to counselor county authorities.

II. Demand.

A. If determined appropriate, a written demand letter which may be in a form similar to Exhibit "B"hereto shall be sent by first class mail or shall be hand-delivered to the lot owner at the addresswhich the owner has provided to the Association or at the lot address if no other address has beenprovided. A copy may be sent to the tenant if there is a tenant.

Prinlpn' R/4199

B. The demand letter shall specify the alleged violation. the action required to abate the violation and adate usually not less than ten (10) days after the date of the demand letter by which the allegedviolation must be remedied Provided. however, when the violation may constitute a health, safetyor fire hazard, demand may be made to remedy the violation within twenty-four (24) hours.

C. The demand letter shall state that if the violation is not remedied. the alleged violator must requestin writing a hearing before the Board to avoid imposition of charges. The letter shall also state thatif no hearing is requested. the owner will be deemed to have waived the opportunity for a hearingand rules violation charges may be assessed. The demand letter may be combined with the notice ofhearing referenced in Section III if of a serious nature or if previous notices of violation have beensent to the owner.

III. Notice of Hearing.

A. If the alleged violation is not remedied within the date or time specified in the demand letterreferenced in Section II, and the owner requests a hearing <?rif the Board determines a hearing isnecessary, a notice of hearing shall be sent. Notice of a hearing shall be hand-delivered or mailedby registered or certified United States mail, return receipt reguested. at least fourteen (14) days inadvance thereof, or within such other time as may be required by the Act, to the lot owner at theaddress which the lot owner is required to provide to the Association. Service by mailin~ shall bedeemed effective two (2) days after the notice has been mailed in a regular depository of the UnitedStates mail. The demand letter referenced in Section lIB may be combined with the notice ofhearing.

B. The notice of hearing may be similar to Exhibit "C" attached hereto and shall specify:

1) The time, date and place of the hearing.

2) That the lot owner and tenant, if applicable, shall be given an opportunity to be heard and to berepresented by cOWlSelbefore the Board.

3) The alleged violation, citing provisions of the Governing Documents or rules which allegedlyhave been violated.

4) That charges for violation of the Governing Documents and Rules may include assessment of upto Fifty Dollars ($.50.00) for a single offense or Ten Dollars ($10.00) per day for any offense ofa continuing nature or such greater amounts as may be authorized by the Virginia PropertyOwners' Association Act

IV. Hearing.

A. The hearing shall be scheduled at a reasonable and convenient time and place within the Board ofDirectors' discretion.

B. The Board, within its discretion, may grant a continuance. If the lot owner for which the hearing isscheduled requests a continuance to a different time or date, no further notice shall be required.

C. The hearing need not be conducted according to technical rules of evidence applied in a court oflaw. The hearing shall provide the alleged violator with an opportunity to be heard and to berepresented by counsel.

- 2- WWHOA: Res. 99-1

D. The management agent. lot owner, tenant. any person lodging a complaint. and members of thehearing panel shall have the right (1) to call, examine, and cross-examine witnesses, (2) to introducetestimony and evidence, and (3) to rebut testimony and evidence, all within reasonable time limitsimposed by the Board of Directors.

E. The hearing shall be conducted in private unless the alleged violator requests that the hearing beopen to owners and residents and further provided that the chairman of the hearing body mayimpose a reasonable limit on the number of such persons who can be accommodated in the hearingroom. During the comse of any hearing held, the Board, within its discretion, may afford thoseresidents involved with the dispute or violation an opportunity to be heard within reasonable timelimits.

F. After proper notice has been given, if the lot owner fails to appear at the hearing or if no hearing isrequested, the hearing or meeting may continue as scheduled and the Board may assess chargesfrom the fmal compliance date of the letter or take such other action as may be authorized by theGoverning Documents or by law.

G. If the alleged violator acknowledges responsibility for the violation charged. or does not wish tocontest the alleged charge, the Board may, in its discretion, dispense with a hearing after havingafforded the alleged violator ••ith an opportunity for a hearing.

Il Within thirty (30) days of the hearing, the Board shall notify the alleged violator of its decision, theassessment of any charges and the date which those assessments shall accrue from and be due,which shall not be earlier than the date given in the demand letter by which the violation must cease.

V. Records.

The Board or the Management Agent shall keep copies of all correspondence relative to rules violationsin the lot owne~s me or in a separate me on rules violations. Minutes of each hearing or meeting shaH bekept and a form similar to that attached hereto as Exhibit "0" shall be completed and placed in the lotowner's me and appropriate Association meso

VI. Assessment of Charges.

Pursuant to Section 55-513 B of the Act, any charges assessed for violation of rules after notice andhearing shall be in amounts authorized by the Act and shall be treated as an assessment against such lotowner's lot for the purpose of Section 55-516 of the Act regarding liens. Such amounts also shall be thepersonal obligation of the owner.

VII. Other Remedies.

This resolution shall not be deemed to require a hearing prior to assessment of rules violation charges ifa hearing is not requested or to prevent the Association from exercising any other remedies authorized oravailable under the Act, the Governing Documents or by law or equity and shall not constitute an election ofremedies.

DULY AOOPfED at a meeting of the Board of Directors

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Pr~""",,---,nt P~~~.#-#­~

-1 - Printed: 8/4199

Exhibit Ato the Resolution on Due Process Procedures

and the Guidelines, Regulations and Procedures ofWorthington Woods Homeowners Association

Rules Violation Complaint Date _

1. Name of person(s) violating rules _

2. Address of person(s) violating rules _

3. Are the person(s) named above tenants or owners? _

4. Describe in detail how and where the rules were violated _

5. When did the violation(s) occur? _

6. Have you personally requested the lot owner or tenant to cease the rules violation? Y IN? _

Verbally? By written request? When? _

7. Name and address of person(s) making complaint _

8. Signatures _

For Association Use Only

9. Owner / Tenant _

10. Provision(s) of Governing Documents or Rule(s) violated _

11. Registered Name(s) of lot owner(s) _

12. Owner's address if non-resident _

13. Registered name(s) of tenant(s) _

14. Comment _

15. Date demand letter sent to lot owner _

16. Owner/Tenant 0 does 0 does not request a hearing. Date request received _

17. Date referred to Board _

18. Date notice of hearing sent _

cc Lot Owner FileRules Violation File

Prinlf'n: R/4199 - 4 - WWHOA: Res. 99-1

Exhibit Bto the Resolution on Due Process Procedures

and the Guidelines, Regula~ons and Procedures ofWorthington Woods Homeowners Association

Demand to Cease and Correct

(Owner)

A complaint has been made against you (or your tenants) for the alleged violation of the following rules andregulations of the Association:

You are requested to immediately cease and correct any of the above violations within ten (10) days fromthe date of this letter. If you wish to contest the alleged violation and avoid imposition of charges you mustrequest a hearing before the Board of Directors in writing within ten (10) days from the date of this letter. Ifyou request a hearing, complete the bottom portion of this letter and return a copy to the Board of Directors.The Board of Directors or its agent will send you a notice by certified mail, return receipt requested, statingthe hearing time and place. Alternatively, if you elect to cease and correct the violation within ten (10) days,please send a copy of this letter to the Board of Directors noting that the violation has been stopped orcorrected. If you fail to respond to this letter and the violation persists, you may be assessed rules violationcharges of up to Ten Dollars ($10.00) per day for a continuing violation or up to Fifty Dollars ($50.00) foreach single violation without further notice. The Board may also take other legal action against you.

Sincerely,

Board of Directors

cc: Lot owner file (Tenant)

RetUrn to: Y1\ 22tCJ C)

Board of Directors, Worthington Woods Homeowners Association, P. O. Box .• , Lorton, VA 1!ltF19.

o I hereby request a hearing before the Board to contest the violation.o I have ceased and/or corrected the violation and will refrain from further violations.

Signature

wWl-/nil.· R". qq. I . 5· Printed: 8/4199

Exhibit Cto the Resolution on Due Process Procedures

and the Guidelines, Regulations and Procedures ofWorthington Woods Homeowners Association

CERTIAED MAIL RETURN RECEIPf

REQUESTED NO.

(Owner)

Re: Notice of Rules Violation Hearing

Dear _

You are hereby notified that a hearing will be held before the Board of Directors of the Worthington WoodsHomeowners Association., at on the day ofat a.m./p.m" pursuant to Section 55-513 B. of the Virginia Property OwnersAssociation Act and the Governing Documents for your tenant's or your alleged violation of the followingrules of the Association:

You may be present at the hearing, may but need not be represented by counsel, may present any relevantevidence, and you will be given full opportunity to examine and cross-examine all witnesses. You areentitled to request the attendance of witnesses.

Please be advised that if the Board determines that you are in violation of the Governing Documents andrules and regulations, charges of up to Fifty Dollars ($50.00) for a one-time violation or Ten Dollars.($10.00) per day for a continuing violation may be assessed against you and your lot. In addition to thishearing, the Board may elect such other remedies as are authorized by the Virginia Property OwnersAssociation Act, the Governing Documents, and by law.

If you have any questions or wish to communicate with the Board regarding this matter, please call.

Sincerely,

Board of Directors

Printed: 8/4199 - 6- WWHOA: Res. 99-1

Exhibit Dto the Resolution on Due Process Procedures

and the Guidelines, Regulations and Procedures ofWorthington Woods Homeowners Association

Record of Hearing

Hearing Date and Time _

LotOwner(s) _

Address _

Alleged Violation _

Provisions of Governing Documents Violated _

Persons in Attendance _

Decisions of Board and Reasoning _

Charges Imposed (date commencing) _

Other Sanctions Imposed _

Comments:

WWl-fnA - Rc~ 99-1 - 7- Printed: 8/4199

LEITER A

1st Notification

HomeownerAddress

Re: Worthington Woods HOA Architectural Review Board: Inspection Date:

Dear Homeowner:

Upon a recent inspection of your property, the following item(s) was "found to be in violation as set forthin the Worthington Wood's Architectural Regulations:

(LIST ITEM(S) IN NON-COMPLIANCE, ALL CAPS, BOLD TYPEFACE)

Please correct the above noted vioiation(s} within the next __ days. Failure to do so will result in apenalty assessment as outlined in the Standard Operating Procedures of the Architectural Review Boardof the Worthington Woods Homeowners Assoc. If you would like to appeal this notice, please contact the

Architectural Review Board c/o lU{tl~(S' f/C/I ":J-t .. in writing.

Any correspondence relating to this matter should be addressed to:

Worthington Woods HOAArchitectural Review BoardcIa Turners' HOA Mgt. Co.P.O. Box 411Lorton, Virginia 22199

Thank you in advance for your cooperation and prompt attention to this matter.

Sincerely,

Turners' HOA Mgt. Co.- -~r

;>';nl"ti· R/JR/99 -4- WWHOA: ARB Standard Operating Procedures

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Architectural Review Board Regulations ofWorthington Woods Homeowners Association

I. GENERAL INFORMATION

(A) Authority. The Declaration of Covenants, Conditions, and Restrictions (May 1984), hereinafter termed Covenants, Conditions, and Restrictions (CCRs), and the By-Laws (July 1998) apply to eachdeeded property within the Worthington Woods Community. The CCRs require the formulation of acommunity ArchitecturaI Review Board (ARB). The CCRS and other Community Governing Documentscharge the ARB with the duty of regulating the external design. appearance, and/or location of eachstructure within the community, and all improvements and modifications thereto. This regulation isaccomplished so as to preserve and enhance property values throughout the commnnity and to maintainharmonious relationships and openness among stmctures and the natural vegetation and topographythroughout the community.

(B) Objectives. The intent of the CCRs and the Governing Documents is to assure allhomeowners that the standards of design quality within the community will be maintained and equitablyenforced This, in turn, protects property values and enhances the community's ovemlI environment. TheARB Regulations of the Worthington Woods HOA serves as a guide to aid all residents, Members of theARB, the Worthington Woods Board of Directors, and all residents in maintaining and enhancingWorthington Woods designed environment. Specific objectives of this docmnem. are to:

(I) Enhance the preservation and continuation of environmental qualities which contributeto the overnll benefit of the Worthington Woods community;

(2) Describe the procedures and organizations involved with the architectural standardsestablished by the CCRs and Governing Documents;

(3) Provide uniform guidelines to be used by the ARB in reviewing applications inaccordance with the goals set forth in the Association's Governing Documents and guidance fromthe Board of Directors;

(4) Increase homeowners' awareness and understanding of the CCRs and GoverningDocuments;

(5) Present design principles to aid homeowners in planning and accomplishing exteriorimprovements that are in harmony with the immediate neighborhood and the community as awhole;

(6) Assist in preparing an acceptable (complete) application to the ARB; and(7) Relate exterior improvements to individual properties to the long-range plans of the

Worthington Woods Homeowners Association.

(C) Functions.

(1) Worthington Woods Homeowners Association (HOAt The role of the Association, ofwhich every homeowner is a member, is to own and maintain common areas, and to conserve andenhance the resources of the total community. The Association accomplishes these through theARB, the retention of harmonious, though diverse, design qualities of the community. Surveys ofother planned.communities, similar to Worthington Woods, show that environmental maintenancereflected in the preservation and enhancement of real estate values and is of prime importance tohomeowners.

(2) Architectural Review Board (ARB). The ARB, a permanent Board of the Association,was established and given authority in the CCRs and By-Laws. It performs the task of ensuring andmaintaining the design continuity of aU homes and surrounding environs by establishing guidelinesand monitoring the architectural review process. The ARB ensures that proposed exterior

WWHOA: ARB Regulations - 1 - Printed: 8/4199

alterations comply with the objectives set forth in the CCRs. This involves review of allapplications for exterior alterations submitted by homeowners. Additionally, the ARB must ensurethat files are maintained to record all actions taken concerning specific properties. The ARB mustalso conduct periodic inspections of all properties to ensure adherence to the guidelines andobjectives.

(D) Items Requiring ARB Approval.

(1) Article V the Worthington Woods Declaration of Covenants, Conditions andRestrictions,issued November, 1984,states:

"No building, fence, wall or other exterior structure shall be commenced. erected ormaintained upon the properties, nor shall any exterior addition tQ or change (includingany change of color) or alteration therein be made until the plans and specificationsshowing the nature, kind, shape, dimensions, color, materials, and location of the sameshall have been submitted to and approved in writing as to harmony of external designand location in relation to surrounding structures ~d topography by MaywoodBuildingCorporation."

(2) The above article requires that all changes, permanent or temporary, to the exter'-- ofany property receive prior approval of the ARB. Please note that the ARB approval requirement isnot limited to major alterations, but includes such items 'as change in colors or materials, and theremoval of existing items. Each application is reviewed and approved on an individual basis.

(E) Application Process.

(1) General. Unless stated otherwise in the second section of these Regulations, anapplication must be submitted for every desired exterior change, using the WWHOA Applicationfor Exterior Alterations (attached). When there is doubt as to whether or not an application isnecessary, an application should be submitted. Application content requirements are listed on thefonn and must be complete in all circumstances. Incomplete applications will be returned to theoriginator within seven (7) days. In some cases, additional documentation must be submitted withthe application, which is described in the second section of these Regulations. The informationprovided in the application is required for the ARB to make an objective evaluation and decision.The application areas requiring completion or elaboration will be identified. Application forms maybe obtained from the Board of Directors or from the ArchiteCturalReview Board, clo WorthingtonWoods Homeowners' Association, P. O. Box 411 Lorton, VA 22199. No project may becommenced prior to ARB approval. If a homeowner has begun or completed a project whichsubsequently is disapproved, the homeowner may be required to dismantle the project at hisexpense or may be subject to a special Restoration Assessment for the cost of suchdismantling/removalaccomplished by direction of the HOA.

(2) Signatures. The signatures of two (2) neighbors affected by the proposed change arerequired on the application. Their signature does not indicate approval or disapproval of the project,but merely indicates their awareness of the application, and provides a "YES/NO" check area forthe neighbors to indicate if they wish to present information/considerations to the ARB concerningthe proposed modification. A "neighbor affected" is defined as one who lives adjacent to theapplicant or .one who has a direct view of the proposed change. In instances when an affectedneighbor refuses to sign the application, or is a renter, that fact, and the neighbor's address, is to beannotated on the application fonn.

(3) Site Plan. A site plan is a scaled drawing of the lot (site) which shows the exactdimensions of the property, adjacent properties, and all proposed improvements to the site asdescribed in the application. A site plan may be required with the application. Contour lines are

Print ••£!- Rll11QQ - 2 - WWHOA: ARB Regulations

required to be shown on the site plan when drainage is a consideration. In most cases, the site planfor an application may be developed from the plat plan provided to each homeowner at closure ofthe home purchase, Additional copies of the official plat can be obtained by sending a self­~ envelope, plus the appropriate fee for each copy requested to:

FaiIfax Cmmty Zoning AdministrationOffice of Comprehensive Planning10555 Main StreetFairfax, VA 22mO

(F) Application Procedures.

(1) Eili.I!g. Application forms sball be mailed to:Architectural Review Board

Worthington Woods Homeowners' AssociationP. O. Box il f ILorton, VA 22199

When received, the application will be reviewed for completeness and accuracy. Incompleteapplications will not be accepted and will be returned. Homeowners will receive a datedacknowledgment of receipt (acceptance) of complete appications.

(2) ARB Review. Tilt; iLRB will meet monthly to review the accepted applications. TheARB must act on an application within forty-five (45) calendar days after it has been accepted. Thehomeowner wiD then receive written notification of the ARB action.

(G) ARB Review Criteria.

(1) The ARB reviews all submissions on the individual merits of the application. Inaddition to evaluation of the particular design proposal, consideration is also given to the foDowing:

(a) Compliance with County Codes applicable to the proposed modification;(b) Compliance with the CCRs and Governing Documents(c) Prior ARB action on proposals of a similar nature; and(d) Special considerations of the homeowners, e.g., handicapped.

(2) Judgments of acceptable design made by the ARB are not based on anyone individual'spersonal opinion or taste, but are based on the genernl standards contained in the CCRs and specificguidance developed from previous ARB actions, HOA and Board of Directors' guidance, and theRegulations presented in the second section of this document. Such regulations include:

(a) Validity of Concept The basic idea behind the proposed modification must besound and appropriate to its surroundings.

(b) Design Compatibili(y. The proposed modification must be compatible with thearchitectural characteristics of the applicant's house, adjoining houses, and the neighborhoodsetting. Compatibility is denned as similarity in architectural style, quality of workmanship,use of similar materials, scale of modification as related to adjacent structures, and the use ofsimilar colors and construction details.

(c) Location and Impact of Neighbors. The proposed alteration should relatefavorably to the landscape, the existing structure, the neighborhood, and the surroundingneighborhood boundaries. Primary concerns are access, view, sunlight, and drainage.

(d) Scale. The size, in three (3) dimensions, of the proposed improvement shouldrelate well to adjacent structures and surroundings. For example, the planting of a tree thatwhen mature would overwhelm a small yard would be inappropriate.

(e) Color. Color may be used to soften or intensify visual impact. Parts of theproposed improvement that are similar to the existing house, such as roofs and trim, must besimilar in color.

WWHOA: ARB Regulations - 3 - Printed: 8/4199

(f) Relation to the Worthington Woods "Open Space" Concept This concept relatesbuilding location, grade elevation, location of common areas, and use of existing and builder­added vegetation. to visually "expand" the space available to each home unit Removal oftrees, disruption of the natural topography, and changes in the rate or direction of storm waterfWl-off also adversely affect Worthington Woods open space.

(H) Completion of Approved Modifications. An approved application remains valid pendingproject completion for one hundred eighty (180) days. Once started. project work should be conductedwithout interruption, with allowance for weather and materials delivery. In the event work suffers a majorinterruption, the ARB is to be notified A project that is not &.arted within the one hundred eighty (180)day period requires re-application. Modifications of an approved project require ARB action. Majormodifications, size, color, design, require special re-application to the ARB detailing the necessarymodifications. Minor modifications may be approved by discussion with any ARB member.Memorandum of such approval of the copy will be recorded on both the homeowner's and the ARB'scopy of the approved application form. The ARB will follow-up on approved projects to ensure theprojects were completed as presented in the ARB application and as approved by the ARB.

(I) Appeals. The decisions of the ARB can be appealcXI if the applicant feels that properprocedures were not followed during the review process, the applicant's proposal was not given a fairhearing, or that all applicable information was not considered. There are two (2) procedures for appeal:

(1) Request for Reconsideration by the ARB. This is particularly appropriate if there isadditional information or special considerations that may not have been clearly presented in theapplication or understood by the ARB. A request for reconsideration must be submitted in writingwithin thirty (30) days following receipt of notice of the ARB decision. The basis for the requestmust be presented in the letter. The request will be considered by the ARB during the next meeting.The homeowner involved may participate in this meeting to present new or additional informationwhich might clarify the original request or demonstrate its acceptability as originally presented Thehomeowner may be present during discussion and deliberations. The ARB decision process will,however, be closed to the homeowner. The ARB decision will be a matter of public record.

(2) Appeal Directly to the Worthington Woods Association Board of Directors. Suchappeal is appropriate if the homeowner believes the ARB decision was arbitrary or not rational, orthat personal preference or taste affected the notice of the ARB decision and/or declination of arequest for homeowner or designated representative. A member of the ARB will participate topresent the ARB's position. The Board's decision will be a matter of public record Decision of theBoard will be final. Legal action, if required, will be initiated by the Board. The Board will advisethe homeowner and the ARB of the decision. .

(1) Enforcement Procedures. The Governing Documents require the ARB to ensure that all lotsare in compliance with the Association's Architectural Regulations. This is usually accomplished by, butnot limited to, a periodic "walk-through" of the community. In instances where non-compliance isobserved or reported, the following enforcement procedures will occur:

(1) The violation, if found by other than a walk-through, will be confirmed by a site visitby the ARB or ARB member. The homeowner will be advised of the violation by letter.

(2) If the action to resolve the violation is not initiated within thirty (30) calendar days ofthe date of the initial violation notice, a second notice will be sent by certified mail to thehomeowner.

(3) Cases of non-resolved violations will be referred by the ARB to the Board for furtheraction.

(K) Existing Violations. Upon implementation of these regulations, the ARB will conduct a walk­through of all Worthington Woods property to identify items in violation of the CCRs and the

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Architectural Regulations. Each homeowner in violation will be notified by mail. Within thirty (30) days,the homeowner in violation.must:

(1) Submit a copy of Maywood Corporation's previously obtained approval, in accordancewith the CCRs;

(2) Submit a plan to the ARB to restore the property to its original condition; or(3) Submit an appeal in accordance with the Architectnra1 Regulations.Non-resolved vioJations will be referred by the ARB to the Board for further action.

(L) Estoppel Certificate. An Estoppel Certificate should be completed and issued to thesettlement attorney prior to the closing of the sale of any property. The certificate provides information onthe current status of assessment payments and the existence of any vioJation of the architectural standards.The Estoppel Certificate helps protect the future buyer against unknown problems with past owners'architectural changes or past due assessments. It also helps protect the seller from potential lawsuitsinvolving violations of the CCRs by subsequent owners.

(M) Amendments to the Architectural Regulations. These Regulations may be amended by a voteof the Board of Directors upon recommendation by the ARB to provide clarification. reflect changedconditions, or technology. The ARB will conduct an annual evaluation of the Standards to determine ifamendments are required. Homeowners are also encouraged to submit at any time suggestions andrecommendations for additions or changes to the Regulations.

(N) Maintenance Requiremznts.

(1) Homeowners are responsible for maintaining the exterior of their dwellings and anyother structure on their lots, such as decks, fences, and/or sheds. The following situations representsome general conditions which would be considered a violation of the Association Covenants:

(a) Paint peeling or damage to exterior siding or trim of the house;(b) Shutters sagging or missing;(c) Fences leaning or with broken or missing parts;(d) Decks sagging or leaning or with broken or missing railings, decks, or need of

general repair;(e) Concrete or masonry block foundations in need of resurfacing or repainting;(I) Sidewalks, not part of common area but part of a unit's property, cracked or

broken so as to present a bazard or degrade the surrounding environment; or(g) Erosion, or blocked storm drains so as to cause erosions problems. Each

homeowner is responsible to maintain proper drainage through his property and not block orhinder the natural draining from adjoining properties.

(h) Yards should be maintained with a neat appearance. and kept free of debris.(2) Most homeowners and residents undoubtedly would not allow any of the above

conditions to exist, as they seek to preserve and protect their investment in their homes and to limittheir personal liability by keeping all improvements on their lots in good condition. The Associationexpects that all will do the maintenance necessary to prevent any of the cited situations fromoccurring in Worthington Woods.

(3) In instances when a maintenance problem goes uncorrected, the homeowner will benotified in writing of the deficiency. If no correction is taken within thirty (30) days followingnotification, the Association may contract for the required repairs with the costs of such repairsadded to the homeowner's assessments. Any delinquency will result in legal actions and ultimatelyresult in a lien filed against the property.

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(0) Worthington Woods "Fully-Fenced Yard" Policy.

(1) The Association and the ARB operate under the policy that homeowners are generallyfree to make modifications and improvements to property and structures located wholly withinfully-fenced yards. Application is not required for such modificatiom and improvements.

(2) All such modificatioos and improvements projects, however, are subject to thefollowing requirements:

(a) All projects mu& comply with County Codes and Zoning Ordinances;(b) Such projects must not create a "nuisance" situation as detailed in the CCRs;(c) Such projects must not adversely affect drainage of adjacent property;(d) Such projects shall be exclusively within the area, in three (3) dimensiom, of the

fenced yard As fence height in the community is standardized at six (6) feet, such projectsare similarly limited in height to six (6) feet; and

(e) Such projects are not specifically prohibited by the standards presented in thesecond half of this document.

II. REGULATIONS

(A) Air Conditioners.(1) A completed application, including a site plan is required(2) Window air conditioners are prohibited, unless central air conditioning is not installed.(3) Exterior units may be added or relocated only when they do not inteffere with

neighbors.(4) Special comment is required on the application to show the direction of the unit's

exhaust discharge.

(B) Antennas and Satellite Dishes. An application and site plan is required.

(C) Attic Ventilators and Metal Aues.(1) An application is required. A site plan is not required.(2) End unit, gable-mounted ventilators must be painted to match the siding color of the

house. Metal flues and vents through the roof must be painted to match the roof color, or be thecolor and material of the flues and vents installed by the original builder.

(D) Chimneys.(1) An application and site plan is required. The following special information must also be

provided:(a) Site plan must show the relation of the chimney to the house, property lines, and

adjacent homes;(b) Picture or detailed drawing of the proposed chimney including all dimensions;

and

(c) Style of home and color of paint and trim.(2) Chimneys must be enclosed in the same materials as the exterior of the house.

(E) Clotheslines. The installation of clotheslines is not permitted. Drying areas will only bepermitted in the rear yard of a lot and only when protected from view by a fully-fenced area.

(F) Compost Piles. Compost piles are not permitted.

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(G) Decks and Patios.(1) An application and site plan is required for all decks and patios, or the addition of stairs

to an existing deck, to include those located in"fully-fenced rear yards. By county code defInition, adeck: is a structure elevated more than eight (8) inches from the fmished grade level. A countybuilding permit is required for either the installation of a new deck or the modification of anexisting deck. A patio is defIned as being eight (8) or less inches in height from the finished gradeleveL A building permit is not required for a patio; however, all county codes must be satisfied

(2) Two additional items of information must be provided with the application. These are:(a) The plan provided by the builder, a scale drawing, or a picture of the planned

deck. showing all dimensions; and(b) A site plan of the property, showing the home location. the side and rear lot lines.

(3) Decks and patios are generally to be located only in rear yaIds. End unit owners mayapply on an individual basis for a side yard location. Considerntion must be given to the affect sucha location will have relative to adjacent and nearby properties.

(4) The appropriate sections of these Regulations must be complied with when deck: orpatio plans include other exterior changes such as fencing, specialized or accent lighting, plantings,sheds, built-in benches. etc. The application must identify these changes.

(5) The following information concerning deck design is provided as extracted fromcurrent Fairfax County Codes:

(a) "Ground levd," or "entry level," decks are those with thirty {3O) inches or less inelevation at any point Such decks do not require guard rails. If, however, guard mils areplanned.. such mils must comply with code standards as presented below.

(b) "Elevated decks" are those higher than thirty (30) inches above grade. Such decksmust have guard rails. Rail height shall be between thirty-six (36) and forty-two (42) inches,and have no more than six (6) inch openings.

(c) No elevated deck will be closer than fIve (5) feet from the rear property line.When a "ground or entry level" deck is connected or attached by any means to an "elevated"deck, the five (5) foot set back rule (also) applies to the ground level deck.(6) No deck or patio will extend into an adjacent property or into the Association's

common ground(7) Decks may be stained natural wood colors, but should not be painted. Clear

preservative may be applied without application.

(H) Dog Houses. Runs and Animal Cages. Because of the nature of the Worthington Woodstownhouse community, animal runs, pens, and cages are generally not permitted in other than fully­fenced back yards. In all cases, the provisions of county code conceining animal care, and the provisionsof the CCRs concerning affects of penned animals on neighbors, must be satisfied

(I) Exterior Decorative Objects.(1) An application and site plan is required. Application is required for all exterior

decorative and design items, whether natural or man-made. Such items include, but are not limitedto, bird baths, statuary, wagon wheels, fountains, stumps, driftwood, and benches. Application isrequired for such items whether free-standing or attached to the exterior of structures.

(2) The application and site plan require the following specialized information:(a) The site plan must show the relation of the object(s) to the house, other

structures, property lines, and other objects on the property and adjacent properties;(b) A picture or detailed drawing of the object(s), including dimensions, must be

provided; and(c) Color and material of the object(s) must be identified

(3) Single-entry bird houses and common commercially available feeders do not needapplication. Such items may, however, be attached only to the rear of the home in such a manner asto not be visible when one is facing the front of the home.

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(1) ExteriorLighting.(1) Application and site plan is required. The application and plan must provide the

following specialized information:(a) Type of lighting, i.e., "security flood," "spot accent," or "walkway";(b) Wattage and color of bulbs;(c) Color and type of material of the lamp;and(d) Location of the lamps and directionof "flood" or area to be illnmjn~ted.

(2) Generally. no exterior lighting shall be directedoutside the boundaries of the 10L

(K) ExteriorPainting.(1) A properly completed application is required. A site plan is not necessary. The

following specialized information is required with the application:(a) A "color chip" or sample of the proposedcolor; and(b) Information as to the present color scheme of the unit(s) immediately adjacent to

that of the applicant's.(2) Color change application requirements apply not only to the siding of the house. but

also to any other structure, trim, shutters, and roofmg. Any color change will be considered inrelation and impact on the colors of the building unit and the adjacent neighborhood. Repainting orstaining an existing item to match the original color does not require application.

(3) Decks and fences are to remain natural wood color or earth-tone stain. Clearpreservativesmay be applied without application.

(L) Fences.(1) An application and site plan is required all fencing. and must include the following:

(a) Site Plan must show the exact relationshipof the fenceto the propertylines;(b) The application must address the style of fence and the materials to be used.

Generally, all fencing must be similar to that originally installed by the builder;(c) Information as to the presence or absenceof fencing on adjacent properties;and(d) Landscaping or planting, existing or planned, to complement and/or screen the

fence.(2) Guidelines.

(a) Fencing may be done in rear yards only;(b) Fencing is to be in straight runs and must follow property lines. Long

neighborhood runs, where adjoining units are fenced, must generally have all rear lot linefencingon an even plane;

(c) Tops of fences are generally to be installed so they run on the horizontal. Ifsignificant changes in elevation are involved, such change is to be accommodated by"stepping" the top of the fence; and

(d) Location and placement of end unit fencing will be considered on a case-by-casebasis. The end unit may fence to the side property line. Generally, the fence may not extendforward of the rear plane of the house. In some home units, the builder's fence extends up theside of the end unit homes. This fencing plan will be continued in these homes.(3) Materials and Construction.

(a) All fences must be of unpainted wood, treated or stained with a natural woodsemi-transparent stain, and capable of withstanding the elements. Fencing material may bepre-finishedwith a clear natural preservative;

(b) Gates must be similar with the fencing in design and materials, height, and color;and

(c) Height of fence is to be six (6) feet(4) County codes are clear as they pertain to "fencing." No wall or partition may be erected

(under the nameof a fence) to create an enclosure to a patio or deck.

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(

(M) Ragpoles.(1) Permanent flagpoles are not allowed(2) The use of a single temporary flagpole staff. not in excess of six (6) feet. does not

require application. Poles are to be attached at an incline to the fust level walls of the dwelling.

(N) Greenhouses and Screened Porches. There are to be no greenhouses or screened porcheswithin Worthington Woods. Greenhouse-type bay windows will be considered on a case-by-case basisupon application. A site plan is not required The use of temporary -tent frame- type screened enclosuresis acceptable within rear yards. provided the period of use is not in excess of five (5) consecutive days.Areas beneath elevated decks cannot be screened or partitioned. as per county code this constitutes anenclosure.

(0) Gutters and Downspouts. No application is needed provided aU gutters and downspoutsmatch existing downspouts in color and design. The placement of downspouts must not adversely affecton, or of, adjacent properties.

(P) Landscaping. Plantings. and Gardens.(I) Application is not required for plantings in the rear yard. unless plant material exceeds

thirty-six (36) inches in height. full-grown. Edging material (i.e., wood. stone brick, etc.) ofsubdued color, that is used to edge foundation plantings, does not require application provided suchmaterial does not exceed six (6) inches in height

(2) Application and site plan is required for trees and major planfinES Consideration mustbe given to the affect plantings will have on views from neighboring homes and properties. Theshade pattern of all trees must also be considered They must not cross property lines or block thesidewalk.

(3) Application is also required for the use of landscaping timbers and other materialswhich form a wall or raised planter bed that is over twelve (12) inches in height and/or in excess oreight (8) feet long when used in the front yard Include a site plan showing the location of the wallor raised planter.

(4) Rock gardens require application and approval when any single rock, or the totalcollection of rock exceed twenty-four (24) inches in any dimension. All rocks must remain theirnatural color.

(5) Trellis use is acceptable only in rear yards. The height of such trellis may not exceedsix (6) feel. Any trellis use above the height of the fence should be submitted for approval.

(6) Vegetable gardens are to be located only in rear yards.

(Q) Lattice. Lattice may be installed without application to decks with less than thirty (30) inchesevaluation. The lattice is to be installed below the level of the deck floor. Any other application of latticerequires application. A site plan is not required A diagram, however. must be provided in sufficient detailto show where and how the lattice will be used

(R) Permanent Barbecues. No permanent barbecues are approved for Worthington Woods. Thisstipulation also applies to fully-fenced rear yards.

(8) Recreation and Play Equipment.(1) No application is required Such equipment is to be located only in rear yards.(2) Consideration should be given to all neighbors with respect to the size, location, sight

and sound of the equipment.(3) All such equipment should be kept within the property lines, and may not extend onto

common property.

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(4) The ARB or the Association cannot rule on, or be held liable for, any safety aspects ofsuch equipment.

(T) Recycling Bins and Trash Containers. Recycling bins and trash containers are to be stored inthe back yard and not in the front yard or on the front stoop. They must be neat and clean, and markedwith the homeowner's house number or name. Recycling bins and/or trash containers may not be set outfor collection earlier than dusk the evening before the scheduled morning of collection, and must bereturned to their proper storage location as soon as possible the same day it is picked up. It is thehomeowner's responsibility to clean up areas where recycling and/or trash have been placed, in the eventanimals may have gotten into the recycling and/or trash.

(U) Sidewalks and Paths. Application and site plan is required for any new walkways and forchange of materials of existing walkways and sidewalks. The site plan is to show the location of presentand proposed walkways.

(V) ~. "For Sale" or "For Rent" signs, or tempornry signs no larger than one (1) foot squaremay be displayed to public view on any lot without the prior approv.al of the ARB. Only one (1) such signper lot is permitted No permanent signs shall be approved. Approval to erect a tempornry sign oncommon property may be requested by a letter and must provide sufficient detail concerning the type ofsign, size, location of display, and length of display.

(W) Skylights. Application is required A site plan is not necessary. The application must includehouse plans showing the location and size of the proposed skylight, the location of roof peaks, and abrochure or photograph of a similar unit

(X) Storage Sheds. Sheds are permitted only in rear yards. The shed must not exceed six (6) feetin height.

(Y) Storm Doors. Screen Doors. and Windows. Application is required. A site plan is notnecessary. Storm and screen doors should be simple, without ornamentation. Doors are to be the "full­view" style and are to be the color of the main door, or the trim adjacent to the door.

(Z) Sun-Control Devices. Application is required. The application must include a picture.Exterior sun control devices such as overhead canopies and/or awnings should be neutral in color to blendin with exterior architecture.

(AA) Swimming and Wading Pools. Commonly available portable child's wading pools areacceptable without application, and are permitted only in rear yards.

Adopted at a meeting of the Board of Directors held _

~. ~---/ --President

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Evening Phone _

Application for Exterior Alterations forWorthington Woods Homeowners Association

Refer to the Architectural Review Board Regulations

All applications, drawings, etc. must be submitted to, the ARB in two (2) copies. All areas on this

application must be completed. and an special requirements must be satisfied.

Name _

Address _Daytime Phone

Description of Proposed Alteration _

(If space is insufficient, attach a continuation sheet)

Proposed Starting Date: _

Work is to be completed within one hundred eighty (180) days after approval by the Architectural

Review Board

I agree to comply with the Worthington Woods Declaration of Covenants, Conditions, and

Restrictions, Fairfax County zoning rules and building codes in making the above described alteration,

Permission is hereby granted to ARB members and Worthington Woods Homeowners Association agents

to enter on my property to make reasonable inspection(s) of the location(s) of the proposed alteration and

the completed alteration.

Date

WWI-I{)!1- .6.OQ Dpn'll~tinn<" _ 11·_

Owner's signature

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