Lakeport Cluster

Lakeport Board

Policy for Enforcement of Design Standards

May 10, 2011

1. 1. Introduction

To preserve property values and maintain design compatibility and uniformity, homeowners in Lakeport Cluster (LC) are obligated to adhere to the Design Standards established by the Lakeport Cluster Board of Directors (LC BOD) and approved by Reston Association’s (RA) Design Review Board (DRB).  In addition, the LC BOD, representing the best interests of residents, works closely with Reston Association (RA) to not only maintain but develop, modify and refine LC standards, as appropriate.  RA standards can be found on the RA web site at www.reston.org. The LC standards published by the LC BOD can be found on the LC web site at www.lakeportcluster.org.

The following sections discuss policies, procedures and other considerations that apply to the enforcement of LC/RA design standards.

1. 2. Detection of a Design Standard Violation

There are four entities that may detect a design standard violation:

1. a. any Reston resident;
2. b. Loudoun Management Associates, Inc., LC’s property management company (LMA);
3. c. RA; or,
4. d. the LC BOD.

1. a. Entity: Reston Resident

Reston residents have the option of notifying the LC BOD or RA of a violation.  They can identify themselves or remain anonymous.

The LC BOD prefers that residents of the Reston Community first notify the LC BOD of a violation in our community.  The notification can be provided verbally to any member of the LC BOD or delivered in written form.  Such a process will allow the LC BOD to address the matter with the homeowner individually.  This process is in the spirit of treating all of our neighbors with respect and understanding.

If the LC BOD has the first opportunity to address the matter successfully, RA does not need to become involved.  If RA is involved, there is the potential of unintended consequences.  For example, if RA is the first to be notified, they may choose to inspect the entire property, including any structures shared with adjacent homeowners, such as fences or walls.  RA will record all violations that are detected, which may exceed the number of violations related to the original concern and expand the issue further to include multiple properties (including the home of the resident filing the original complaint).

1. b. Entity: LMA

The LMA, as a service to LC, conducts a detailed annual inspection of LC and records property conditions that are substandard.  The LMA lists all of the properties with findings and records each property’s status as warning, violation or grandfathered.  This list is provided annually to the LC BOD and is available to LC residents upon request of the LC BOD.

1. c. Entity: RA

RA conducts periodic inspections of Reston properties in response to complaints or upon request of the homeowner in conjunction with the ordering of HOA documents.  Occasionally, RA will inspect an entire cluster.  Written notification will be issued before an inspection that has not been requested by the homeowner.

1. d. Entity:  LC BOD

Periodically, one or more members of the LC BOD will inspect LC with or without a representative of RA or the LMA.  As such, Design Standard violations may be recorded by the LC BOD, RA and/or the LMA.

1. 3. Notification to the Homeowner

1. a. Entity: LMA

If the LMA designates a property finding as a warning or violation, the LC BOD has the option to personally contact the homeowner in an effort to resolve the matter.  If the LC BOD is unsuccessful in resolving the matter, the LC BOD can turn to the RA for further assistance.  This may include a request that LMA mail a formal letter to the homeowner that explains the warning or violation and recommending a timeframe for corrective action.  This timeframe may be a period of 60 days.

1. b. Entity: RA

When RA has become aware of a standards violation, it will take the following steps.

First, RA will send a warning letter to the homeowner that states that RA plans to inspect the property after two weeks.  This gives the homeowner an opportunity to fix the problem and any others before the RA inspection.  If the resident that filed the complaint is a disclosed source, the resident will receive a copy of the letter from RA.

Second, following a full property inspection, RA will provide the homeowner with a letter that describes what needs to be addressed and a deadline for compliance, such as 15, 30, 60 or 90 days.  If the resident that filed the complaint is a disclosed source, the resident will also receive a copy of this letter from RA.

Third, after the deadline date, RA will inspect the property to see if the issues have been resolved.

1. c. Entity: LC BOD

The LC BOD will attempt to work directly with the homeowner to address a violation without involving RA.  The LC BOD and the homeowner should attempt to achieve a meeting of the minds regarding the violation and a timeframe for repair.  The following process will apply.

First, the LC BOD will attempt to personally contact the homeowner to discuss the matter and come to a resolution.  Following the meeting, the LC BOD will notify the LMA of the meeting and request that the LMA record the violation and issue a letter to the homeowner that documents the meeting and the agreement to address the violation.  If no agreement can be achieved, the LC BOD will notify RA of the violation.

Second, if the LC BOD is unsuccessful in its attempts to personally contact the homeowner, LC BOD will notify the LMA of the unresolved issue and request that the LMA record the violation and issue a letter to the homeowner that documents the violation and prescribes a timeframe for resolution.  If no agreement is achieved by the deadline prescribed in the letter, the LC BOD will notify RA of the violation.

1. 4. Enforcement

1. a. Entity: LMA

If the LMA is unsuccessful in resolving a violation with a homeowner, the matter will be turned over to the LC BOD.

1. b. Entity: LC BOD

If the LC BOD, working alone or in concert with the LMA, is unsuccessful in resolving a violation with a homeowner, the matter will be turned over to RA.

Appendix C of the Lakeport Cluster Association Handbook empowers the LC BOD to assess fees against a homeowner that violates rules or regulations.  See Appendix C for specific information.  Charges may not exceed $10.00 per day.

c.   Entity: RA

The following section describes RA enforcement procedures.

It is expected that the homeowner will correct a violation within the allotted timeframe.  Homeowners do have a right to dispute violations, apply for approval of unapproved design conditions, and appeal subsequent decisions.  RA Cluster Advisors are available to facilitate enforcement procedures and process applications for the Design Review Board.  Lakeport Cluster’s Advisor is David McDaniel, who can be reached at 703 435 6506, in person at the RA office, or by email: david@reston.org.  After a homeowner has completed the required work, he/she should contact the RA and request a new inspection in order to verify that the violation has been properly addressed.  If no violations remain, a close out letter will be issued and the violation will be closed in the database.

After the work completion date has passed, the property will be re-inspected.  If violations still exist, other steps may be taken.  These include further written communications and a new completion date or a hearing with the RA Covenants Committee.

If necessary, steps can be taken to place a lien on the home with Fairfax County.  In extreme cases, an injunction can be requested from a court to permit the RA to enter the property and complete the necessary work.