We have listed here a summary of how this Board and previous Board of Directors of Laurel Mews have interpreted the Declaration, By-Laws and Virginia State Law. Over the years, situations arisen where the Board had to consult with lawyers to clarify issues, problems or just an interpretation of the Law.
What you own in ‘Fee Simple‘ is the Townhouse Unit based on the following boundaries:
The horizontal boundaries are from the plane of the underside of the lowest floor slab to the plane of the exterior surface of the roof, including roof shingles, chimney and/or other exterior finish of the roof.
The vertical boundaries comprise the plane of the CENTER line of the walls which separate the Townhouse Unit from other Townhouse Unit. The vertical boundaries comprise the outer surface of the exterior walls, which do not separate a Townhouse Unit from other Units, include windows, window frames, doors, door frames and trims included in such exterior walls.
When there is attached to such Townhouse Unit a balcony or stairway serving only such unit, then they are considered part of such Unit. (In the past however, the HOA has included repairs to brick porches and stoops as well as painting of rails upon them in the common element maintenance plan.)
If any fixtures, installations, shoots, flues, ducts, conduits, wires, bearing walls or columns, or any other apparatus lies partially within and partially outside the designated boundaries of a Unit, any portion serving only that Unit shall be deemed a part of that Townhouse Unit. The outer surface shall be deemed to include the paint, wood, masonry or other surface of such exterior walls. Also deemed to be part of a Unit is the heat pump/AC unit, eaves-trough and downspout.
Building entrances and walkways shall be used only for unit ingress and egress and shall not be used for playing or celebrating. Use of skates, skateboards, bicycles, tricycles, etc. in these areas is prohibited.
Otherwise the Board has never granted an exception to a by-law, to any unit owner, where the bylaws give such discretionary powers to the Board of Directors. The standard default fine for violations of By-Laws or Rules & Regulations is $50. In addition to specific penalties stated in the bylaws or Rules & Regulations, any proven violation may result in a fine, denial of voting, correction at the owner’s expense or other action as set forth in the bylaws or as provided by law.
Insurance Requirements
Each unit owner shall, at his own cost, obtain and maintain an HO-3, HO-5 or similar homeowner insurance to the full replacement value (not resale value) of the unit as per by-law Article VII, titled ’Insurance’. Each unit is ‘Fee Simple’ ownership, where you own the unit from the foundation to, and including the roof, from the exterior wall to the interior and to the center of the common walls. The HOA has an insurance policy for the common elements, utility sheds, fences, etc.
The General Common Elements
The General Common Elements include the central Gazebo, the three utility shed, sidewalks, driveways, paved parking areas, all grassy areas, the land in front of each Unit, underground domestic water systems, sanitary and storm sewer systems, underground electric for lighting, pipes, conduits, wires and facilities which are not part of the individual Townhouse Units. The underground water and sewer pipes are General Common Elements up to the center line of the foundation wall. Arlington County is responsible for the domestic water system up to the water meter and about 7 feet around that meter. The underground electric service up to the Unit is the responsibility of Virginia Power. The underground telephone service is the responsibility of Verizon. The cable for the television service is the responsibility of the provider.
The Limited Common Elements
The Limited Common Elements designate areas reserved for the exclusive use of the owners of the Unit or Units to which they are adjacent. The fenced-in backyards and numbered (‘reserved’) parking spaces are a limited common elements. The keyword here is ‘common element.’
As explicitly specified in our Declaration, maintenance of the entire parking lot is the responsibility of the association.
Likewise, the backyards are not individually owned. Rather they are owned by the association for the limited use of a particular unit owner. The gates, fences, brick walls are common elements, thus maintenance of them is the responsibility of the Unit Owners Association. Trees in the backyards are ‘part of the land’ and thus are treated as common element. Note that in the Fall, the landscaper will blow out leaves in backyards if gates are unlocked on the days that they service our property.
Otherwise, unless specifically determined by the HOA board of directors, all expenses for the maintenance, repair or replacement relating to this area shall be treated as individual expenses of the Unit, including the patio and personal plantings, e.g., shrubs, ivies, and flower beds are the responsibility of the homeowner.
Barbecuing is limited to the Limited Common Elements of the unit (back yard).
The Undivided Interest in Common Elements
The owner of each unit will be entitled to one vote for each unit owned.
Dues
The quarterly dues are to be received by the first day of each Quarter (January, April, July and October). The Post Office stamp is used to determine the date the payment was received.
The quarterly dues pay for the water/sewage, landscape maintenance, trash removal, snow removal, electricity for common elements and maintenance of common elements. See the Budget and Finances page for more details. Please use water efficiently and wisely. Use efficient shower heads, fix leaky faucets and toilets, use toilet dams and use faucet-flow control aerators.
Ways to Pay Quarterly HOA dues
Automatic bank debit
Set up automatic ACH Debit
Online
Make an online payment by e-check or credit card
By mail
Laurel Mews HOA
P.O. Box 105007
Atlanta, GA 30348-5007
Quarterly dues not paid by the 15th Day of each Quarter will incur a $35.00 late fee.
If a unit owner is 45 days late in paying the quarterly dues, the Board, in its discretion, may accelerate the dues for the remainder of the calendar year and demand immediate payment.
Trash
Trash removal at Laurel Mews is done via contract with Olivo Trash Service. Trash pick-up happens every Monday, Wednesday and Friday around 8:00 am except on Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas Day and New Year’s Day. When a holiday falls on a normal trash day, service will resume the following normal collection day. In the case of severe weather, the service will follow the Federal Government’s schedule, with service resuming the following collection day.
Recycling collection is on Tuesdays (see below).
Arlington County Code at 10.14 and 10.16 prohibits storing trash in a way that endangers human health and/or harbors rats. In recognition of that, trash should not be put out any earlier than 5:00 am on the pick-up days, and only placed in designated areas. Trash and recycling items should not be put in either of the brick sheds. Nor should they be stored in your backyard unless they are completely sealed in a covered plastic or metal container that cannot be penetrated vermin or water.
Please use strong garbage bags (.74 mils +) to contain odors and resist rodents and birds breaking through the bags. Grocery shopping bags are not thick enough and should not be used. Please do not place loose trash in the area like pizza boxes and other food containers. Place them in a proper bag instead, and please remember to fully close and tie your bags.The few hours that the bags are out in the morning, crows can tear the bags open and spread the contents. If the garbage bags are put out the night before or stored in your back yard, the smell attracts rodents.
Our trash removal contract calls for household garbage only. Special pick-ups for large items such as couches, mattresses, construction & yard debris will be an additional charge. All specials must be notified in advance before pick-up. Prices will be given at that time for items requested for pick-up, which is handled through Olivo Trash Service at 703-237-1139.
Arlington County Environmental Services has a free ‘Inert Materials and Scrap Metal Drop-off Program‘ that will accept various debris like ceramic tiles, sand, brick, etc. The Environmental Services also has the ‘Household HazMat Program‘ that will accept hazardous material like paint, oils, chemicals, car batteries, etc.
Arlington County offers free paper shredding on the first Saturday of the month at the Solid Waste Bureau Earth Products Yard.
The Arlington Environmental Collection and Recycling Event (E-CARE) is a biannual event where Arlington residents can safely dispose of household hazardous materials (HHM), and recycle bikes, small metal items, shoes, clothing, bed frames, and much more!
Recycling
The pick-up is every Tuesday around 8:00am except on days listed earlier. Recyclable materials are to be put out between 5:00am and 8:00 am of the pick-up day. Normal trash should not be put out with recycling.
Blue recycling bins can be found in some of the brick sheds and are the preferred container, but clear plastic bags are tolerated by the trash contractor.
Please review the recycling guidelines for more information on what materials can be recycled and what cannot.
Speed Limit in the Parking Lot
Please observe a 5 mph speed limit in our parking lot.
Parking and Decals
We have 108 spaces for 54 units. Each unit is assigned one numbered space, which is part of the limited common element for that unit. The remaining spaces, which are part of the common element, are reserved for residents and their guests on a first-come first-serve basis.
Each resident’s automobile must bear a Laurel Mews decal on the rear bumper (or any VISIBLE location on the rear of the vehicle). Decals also help us protect your vehicle from erroneous towing. Decals are issued to new owners and tenants once pertinent information is obtained through an online request to the community parking manager. In the case of renters the owner or designated managing agent must make the request. Decals are not available for visitors, no matter how often they visit or how long they stay.
Vehicles parked on our lot must be in working order. But there is no rule that a resident’s vehicle has to be moved every so often.
Vehicles that are “normally garaged” (to use the government’s term) are required in most cases to have valid Virginia tags and must be registered in Arlington County. Per the requirements of specified in the Virginia Code at sections 58.1-3901 and 58.1-3109.6, the HOA is obliged to send the Arlington County Commissioner of Revenue a list of residents and their vehicles each year.
No oversize vehicles, i.e. commercial vehicles, boats, trailers, RVs, trucks or as defined by license or others, may park on any of the Common or Limited Common Elements. Also, we very much frown upon situations where units are rented to more than two persons that have vehicles, especially when rentals beyond the second one are advertised as including parking. In that case our historical leniency with respect to renting to not-single-families is being tested by a greater than equitable use of the parking lot with direct economic gain.
Local ordinances prohibit parking in any area where there is not a designated space. Cars parked in unauthorized area, i.e. yellow marked fire lanes or in front of garbage pickup areas, will be towed. The cost of towing is borne completely by the violator. The only towing company authorized to remove cars from Laurel Mews is Al’s Towing and Storage (703-790-1156).
Should you find a vehicle parked in your numbered spot you have the right to have it towed by calling Al’s Towing and Storage (703-790-1156). If the vehicle has a Laurel Mews decal on it, it may be moved to a different spot (if available) instead of being totally removed from the property.
When you call for a vehicle to be towed, the company will ask for your identification. Towing companies are required to report each towing to the Arlington County Police Department, including who ordered it. Improperly having a vehicle towed can be construed to be grand theft auto. Therefore, though not required, it might be prudent to reach out to an HOA officer before you have a vehicle towed. You may choose to simply put a note on the offending vehicle. But under no circumstances should you damage the vehicle, including affixing a note to the vehicle with any kind of adhesive or sticky substance.
Snow Removal
In compliance with Virginia law and Arlington Country ordinance, the HOA has a contractor to remove snow from the parking lot, the brick walkways, including front steps, porches and stoops, the walkway between 6707 and 6708 as well as the sidewalks along Lee Highway and Washington Blvd.
Residents that take upon themselves to clear snow from their numbered parking spot are asked to not pile the snow in any other parking spot, numbered or unnumbered.
Note that for several reasons, the HOA has long treated stoops and porches as common element, be it for snow removal, brick repair, repair of the railing, etc.
Upkeep
Each homeowner is responsible for the neat appearance of their unit. As per by-laws, changes to the outward appearance of a unit, i.e., windows, shutters, storm door, etc, must be approved by the board.
The back yard shrubs, trees and accessories should be kept neat and weeds under control. In general, trees in backyards are part of the common element, along with the gates, fences, and brick walls. (Owners should contact the HOA on matters of arborist services.) The patio and anything that can be picked up and moved around constitute individual owner element, as is obvious the heat pump.
The Board of Directors shall remove, at its own discretion, any belonging left on a General or Common element, that is unreasonable, unsightly, or an accumulation of trash, litter or building material. The removal and storage cost will be the unit owner’s responsibility.
Your firewood must be stacked off the ground, be well aerated, dry and at least 12 inches from any structure. If termites or other pests are found in a common element (brick wall, wooden fence, etc) and firewood is improperly stored in the backyard, the homeowner will bear the cost of the treatment.
All phone/cable TV cables have to be attached to the dwelling at all points. Please make sure your service provider or installer fastens their cables appropriately.
Only four trim colors are permitted at Laurel Mews: Cheasapeake Green, Leighton Ivoy, Homestead White or Sierra Brown by Duron. You MUST stay with the existing trim color on your home. Experts suggest using 100% acrylic latex semi-gloss paint. This is the highest quality in semi-gloss paints. The board now accept the use of flat or semi-gloss, latex or oil paints.
Storm doors on the front and back of units must be dark brown.
We must pay our contractor extra to clean the parking lot. Please be careful when taking your garbage out. Do not take loose items out (newspaper, boxes,etc) unless properly tied or bagged. Garbage bags put out the night before are opened by rodents and birds and the content spread all over. Garbage stored in the back yard attracts rodents and other pests. Please help keep Laurel Mews clean. The board of directors will perform a spring inspection every year. A sample of the items we review is available here.
Changes to Exterior
Should you desire to make a change to the exterior of your unit, you must submit a request to the board of directors for review. This review ensures that you and your neighbors have followed the covenants and restrictions properly and that the general appearance of the community is maintained. Your request must include a description of the modification, materials to be used, a drawing/sketch (if appropriate), or brochure of items to be used.
After you have submitted your request, the board will take up to 30 days to review your request. During this time the board may convene a special committee to contact you to try and reach an agreement that all parties can support. Ultimately the board of directors will provide you with a written decision on your request.
If your request is approved, you have up to one (1) year to begin the project, and 90 days to complete the project. Should you not be able to complete your project during this time, consult board of directors for an extension to complete. If you have not started the project, you will have to re-apply.
Should you fail to use the above process and begin your project, and the project is then denied, you will be given the opportunity to correct the problem. If you fail to do so, the board of directors may take legal action. You must keep in mind we all signed a contract when we purchased our home.
Landscaping in Front of Units
The area directly in front of units is actually common element. While the HOA does want individual owners to be free to make plantings directly in front of their homes, the board of directors retains its discretion to approve of such plantings, and to remove them if they are deemed inappropriate. Before planting in front of homes, owners are encouraged to consult with the board of directors to see if their plans can be folded into the HOA’s common element landscaping plan.
Pets
Pets are welcome at Laurel Mews, but must be carried or leashed when on common elements.
The HOA takes proper dog care very seriously. The grassy areas throughout the property are not to be used for animal defecation and urination. Instead pet owners should use the mulched areas for that.
Generally, as one could reasonably expect, it is very unappealing for our quality of life and degrades our property values to have dog feces left on the grounds. Bacteria in dog feces can cause serious illnesses in humans, including cholera and dysentery. We have young children amongst our neighbors and they play in our grassy areas.
The wastes from dogs cannot be adequately or naturally absorbed into the environment. Dog waste has a large amount of nutrients similar to fertilizers. In fact, both feces and urine contain more nutrients than grass or plant fertilizers, and dog urine in particular “burns out” grass, plants and flowers, in which the HOA invests heavily. Furthermore, dog feces attract rodents and other pests as they use it as a food source. We do not want rats on our grounds.
The Arlington County Code requires dog owners to remove and dispose of feces that their dogs have deposited on public areas or another person’s property.
Violators will be reported to Arlington County Animal Control. The penalty for not cleaning up is punishable by a fine of up to $100 (Arlington County Code §2-5(b) and §2-22).
The Arlington County Code requires that all dogs living in Arlington for at least six months are to be licensed. Virginia code § 3.2-6527. requires that dogs more than four months old must be vaccinated against rabies. (Service dogs are not required to have an Arlington County dog license.)
All cats and dogs over the age of four months are required to have current rabies vaccination. The Arlington County Code allows no more than three dogs per household, unless approved by the zoning administrator and a kennel license has been obtained. However, the zone designation of Laurel Mews precludes such a decision of the zoning administrator, and our by-laws prohibit the operation of a kennel in our community.
In Arlington it is unlawful for any animal or bird to create a frequent or continued noise disturbance across a real property boundary or within a nearby dwelling unit. This law does not fall under the animal ordinances, but under the nuisance laws of Arlington County and is legally a matter for the police.
Arlington County prohibits the sale of turtles. Non-poisonous reptiles at-large and keeping any poisonous reptiles are also prohibited.
To control and discourage rodents and other pests, homeowners are requested to refrain from installing bird or animal feeders.
Noise
Residents and their guests shall exercise care to avoid loud or disturbing noises at all times. Televisions, stereos, musical instruments and other noise-producing devices shall be used in such a manner as not to disturb persons in neighboring units and shall not be audible outside the unit in which used, between the hours of 11 pm and 7 am.
Arlington County has a noise ordinance that limits noise level at the residential property line to 55 decibels at night and 65 decibels during the day. Pets owners should be conscious of the ordinance. Old model heat pumps/air conditioners are sometime noisy. Please be respectful of your neighbor as a loud heat pump can make an outdoor activity like dining less enjoyable. Consider installing “hush kits” or sound barrier on your heat pump. Homeowners and renters are requested to NOT hang chimes or similar item outside the units. Everyone will be appreciative.
Parties
From time to time residents will have parties with many guests that lead to noise, parking, littering and other nuisances. The Laurel Mews by-laws have a prohibition against…noxious or offensive trade or activity be carried on within the common elements or within any unit situate thereon, nor shall anything be done therein or thereon which may be or become an annoyance to the neighborhood or the other owners.
When planning a party at your unit, please be mindful of your neighbors, our community rules and by-laws, as well as the Arlington noise ordinance. The HOA asks that you provide your guests with parking options, and make sure they know not to park in numbered spots on our lot. Also please make sure that your guests do not leave trash of any type on our grounds or the surrounding areas.
Occupancy and Renting of Units
Article XI Section 1 of our by-laws stipulates that “Each unit shall be used as a residence for a single family and for no other purpose…” The HOA has generally held that provision in abeyance and not intervened in the leasing of units. But prevailing Virginia law clearly gives the HOA the authority to restrict rental of units to only single families. And our bylaws provide that the HOA my enforce this provision at any time in the future, our past leniency notwithstanding.
According to Section 16.1-228 of the Code of Virginia, “Family or household member” means (i) the person’s spouse, whether or not he or she resides in the same home with the person, (ii) the person’s former spouse, whether or not he or she resides in the same home with the person, (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person’s mother-in- Law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
By Arlington County Code, no more than four unrelated (meaning familial relationship) persons can be tenants in a single unit. If you rent to a single family however, there is no restriction on the size of that family. And of course the occupancy limit does not apply to owners occupying their unit with their family.
If you have more than four unrelated occupants in your rented unit you can expect an eventual investigation by Arlington County government. If you have multiple tenants and they have rather regular overnight visitors or a veritably live-in significant other, Arlington County might count such persons as as occupants, though they are not be listed as tenants. Such a situation might also invite the active invocation of Article XI Section 1 of our by-laws.