PROPERTY USE AND MAINTENANCE
The Covenants Committee, appointed by the Reston Association Board of Directors, is responsible for administering the Use and Maintenance Covenants set forth in the Reston Deed of Dedication. In doing so, the committee:
While the Design Covenants primarily seek to preserve the architectural integrity of the whole community, the Use and Maintenance Covenants focus on the ongoing upkeep and specific use of properties within the community. The Use and Maintenance Covenants relate to the physical condition of property and certain uses made of it such as business in the home or vehicle parking.
The Use and Maintenance Covenants are included in the Reston Deed of Dedication and were developed, in part, to ensure that properties are kept in good repair, acceptable in appearance and substantially similar to their original condition. The Covenants require that the property, and any improvement or alteration, be kept in good condition so that it does not have a detrimental or adverse effect on other properties in the community. These considerations become even more important as Reston properties age and require more frequent maintenance. The Use and Maintenance Covenants provide both a reminder of property owners' responsibilities and a process though which the community can protect its physical well being.
The Covenants Committee, appointed by the Reston Association Board of Directors, is responsible for administering the Use and Maintenance Covenants set forth in the Reston Deed of Dedication. In doing so, the Committee:
How are violations found or reported?
How are violations resolved?
An informal approach, without a Covenants Committee hearing, is preferred, with the Association’s staff helping the property owner to identify a solution. Reston Association staff will begin a series of communications (usually in a letter) with the property owner to inform the owner about the violation(s), open a dialogue about potential remedies and follow through until the matter is resolved. However, if the violation is the result of a complaint the property will be scheduled for a hearing at the next Covenants Committee meeting no less than 15 days from the date of notification.
If no informal resolution is accomplished, a formal Covenants Committee hearing is held which allows the property owner, and known complainants if any, to state their cases before a decision is made.
The Committee can take one of three actions:
Determining Use and Maintenance violations involves judgment based on procedures and guidelines that have been developed over the years.
What are the consequences if a property does not comply with the Use and Maintenance Covenants?
- Considers and decides violations in accordance with adopted procedures that are found by staff or other association members.
- Develops Use and Maintenance Standards.
- May withdraw the privilege of the use of Reston's common areas from covenants violators.
- Considers requests for temporary exception permits.
While the Design Covenants primarily seek to preserve the architectural integrity of the whole community, the Use and Maintenance Covenants focus on the ongoing upkeep and specific use of properties within the community. The Use and Maintenance Covenants relate to the physical condition of property and certain uses made of it such as business in the home or vehicle parking.
The Use and Maintenance Covenants are included in the Reston Deed of Dedication and were developed, in part, to ensure that properties are kept in good repair, acceptable in appearance and substantially similar to their original condition. The Covenants require that the property, and any improvement or alteration, be kept in good condition so that it does not have a detrimental or adverse effect on other properties in the community. These considerations become even more important as Reston properties age and require more frequent maintenance. The Use and Maintenance Covenants provide both a reminder of property owners' responsibilities and a process though which the community can protect its physical well being.
The Covenants Committee, appointed by the Reston Association Board of Directors, is responsible for administering the Use and Maintenance Covenants set forth in the Reston Deed of Dedication. In doing so, the Committee:
- Considers and decides violations in accordance with adopted procedures that are found by staff or other Association Members.
- Develops Use and Maintenance Standards.
- May withdraw the privilege of the use of Reston's Common Areas from covenants violators.
- Considers requests for temporary exception permits.
How are violations found or reported?
- Upon request by sellers, RA staff performs inspections to disclose violations upon transfer of property ownership as required by the Property Owners’ Association Act (POAA). While performing requested inspections for provision of POAA/Resale Disclosure documents, RA staff may also inspect adjacent properties connected by party walls or fences.
- RA staff performs inspections as a result of written complaints from members. Such complaints may be submitted anonymously. Click here to download a Complaint Form.
- RA staff also conducts cluster or neighborhood inspections on a periodic basis.
How are violations resolved?
An informal approach, without a Covenants Committee hearing, is preferred, with the Association’s staff helping the property owner to identify a solution. Reston Association staff will begin a series of communications (usually in a letter) with the property owner to inform the owner about the violation(s), open a dialogue about potential remedies and follow through until the matter is resolved. However, if the violation is the result of a complaint the property will be scheduled for a hearing at the next Covenants Committee meeting no less than 15 days from the date of notification.
If no informal resolution is accomplished, a formal Covenants Committee hearing is held which allows the property owner, and known complainants if any, to state their cases before a decision is made.
The Committee can take one of three actions:
- It may find that a violation of the Use and Maintenance Covenants exists and determine when it is to be remedied.
- It may request further information and, when the information is received, will decide on the case.
- It may dismiss the violation or complaint.
Determining Use and Maintenance violations involves judgment based on procedures and guidelines that have been developed over the years.
What are the consequences if a property does not comply with the Use and Maintenance Covenants?
- Violations will be reported in Disclosure Documents related to the sale of Reston property.
- If the violation is not corrected, a Notice of Claimed Violation of Use of Property Covenant can be filed in the Fairfax County Land records.
- In addition violations can be referred to the Legal Committee of the Reston Association for further action that can include filing suit against the owner.
