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WHEREAS, Section 5.3 of the By-Laws ("By-Laws") for The Kingsberry Homeowners
Association, Inc. ("Association") provides the Association Board of Directors ("Board") with all the
powers and duties necessary for the administration of the affairs of the Association and to do all
such acts and things as are not by law or by the Declaration or the By-Laws directed to be exercised
and done by the members; and,

WHEREAS, Article 5, Section 5.3(d) of the Bylaws of Kingsberry Homeowners

Association, Inc. ("Bylaws") authorizes the Board of Directors ("Board") to adopt and publish
rules and regulations governing the use of the common areas, the personal conduct of the
members and their guests thereon, and to establish penalties for the infraction thereof; and,

WHEREAS, Section 4.l(d) of the Declaration for l(jngsberry grants the Association the
power to suspend the voting rights and right to use of the common area and community facilities of
a member for any period during which any assessment remains unpaid and for any period not to
exceed thirty days for any infraction of any of the published rules and regulations of the
Association; and,

WHEREAS, Section 55-513 B of the Virginia Property Owners' Association Act ("Act")
grants the Association the power, to the extent provided in the Declaration or rules adopted pursuant
thereto, to suspend an owner's right to use facilities or non-essential services offered by the
Association for nonpayment of assessments to the extent that access to the lot through the common
areas is not precluded; and,

WHEREAS, the purposes of the Association are in part to provide for the maintenance and
preservation of the common area within the community, and to promote the health, safety, and
welfare of the residents within the community; and,

WHEREAS, in order to preserve the common area and to ensure safe and equitable use of
these areas, the Board deems it to be in the best interest of the Association to establish a
comprehensive policy with respect to the common area; and,

WHEREAS, the Board deems it to be in the best interest of the Association to adopt a
uniform and systematic procedure for the manner in which the Association and its legal counsel
handle use of the common area.
NOW, THEREFORE, BE IT RESOLVED that the Board duly adopts the following
common area policy in Kingsberry and that this resolution shall serve as Resolution 6-2013 and
will supersede all prior resolutions establishing common area policies.


A. General. The restrictions listed here apply to all Kingsberry residents, tenants, and their
guests, and are in addition to, and exclusive of, various state laws and/or county ordinances
governing several of the listed violations. These common area policies apply to all common
area of the Kingsberry townhouse community.

B. Purpose. The purpose of these policies is to protect the health, safety, and welfare of the
residents; to maintain and preserve the common area; and to protect the property and
property values in the community. From a risk management perspective, the goal is
prevention; first to prevent personal injury and possible tragedy, and second, to prevent
major or catastrophic financial loss to the Association.

C. Responsibility For Guests. Each homeowner/resident is responsible for the conduct and
actions of their tenants, guests and visitors as it relates to common area within the Kingsberry


A. Definition. The common area of Kingsberry includes all prope1ty in the Kingsberry
community exclusive of individual townhouse lots. This includes all streets, parking spaces,
sidewalks, curbs, driveway aprons, landscaped center islands, perimeter areas on the sides
and behind townhouse rows, and wooded areas in the community.

B. Use of Common Area.

1. Kingsberry has limited open spaces. For recreation activities needing space larger than
one's own backyard, two large open spaces in the community in addition to the perimeter
areas may be used for such activities: on the south side of Section TI next to the sidewalk
leading to Tapestry Drive and on the east side of the community between Sections I and

2. The landscaped center areas of each section are planted with grass, shrubs, trees and
flowers, and are intended to provide a pleasing atmosphere for the community. These
areas have extensive irrigation systems and are frequently sprayed/covered with fertilizers
and other chemjcals. Such areas are not to be used as play or recreation sites. Pets are
prohibited in these areas.

3. The common area streets and parking spaces shall not be used for recreation. Use of
common area streets and parking spaces is restricted to vehicular traffic including bicycle
traffic, cars, large and small trucks and school buses. Vehicles must abide by traffic rules.

C. Conduct. No noxious or offensive activity shall be carried out on the common area, nor
shall anything be done thereon which may become a nuisance to other residents which
includes, but is not limited to the following: activities that might damage community or
private property, activities that could cause injury to bystanders, activities that would tend to
overflow onto private property, or activities that obstruct pedestrian and vehicular ways.

D. Maintenance. The Association shall maintain the common area. The landscaped areas shall
be maintained by regular mowing, watering, replacement of dead shrubs and trees, weeding
and fertilization as appropriate to the area as the budget permits. Wooded areas will remain
in their natural growth pattern. Homeowners who perceive that tall grass or other greenery in
common area adjacent to their property poses a threat to health or safety should notify the
Board of Directors, in writing, so that the Board may take appropriate remedial action.
Additionally, homeowners should notify the Association of mature trees in the common area
that have died, fallen, or are in jeopardy of falling. The Association will assess the situation
and will determine an appropriate course of action within a timely manner.

E. Installations. No structure and or item shall be placed or installed on the common area except
as authorized by the Board of Directors. The installation of trees, shrubs or flowers, is
generally not allowed, but a request for such action may be made to the Board for
consideration on a case-by-case basis. The homeowner must submit such request in writing to
the Board.

F. Removal. The Board reserves the right to remove anything installed/placed on the common
area at any time and to charge the homeowner for any cost resulting from the removal of
anything placed on the common area,

G. Motorized vehicles. No motorized vehicles shall be driven on sidewalks or the common area
(grass or landscaped), except such vehicles as are authorized by the Board of Directors as
needed to maintain, repair, or improve the common area.

H. Weapons. No firearms or other weapons are permitted on the common area in accordance
with Virginia Code§ 18.2-282 and§ 18.2-286.

I. Littering. Littering and/or storage of any items of any kind on the common area are prohibited.

J. Pets on Common Area.

1. Pet restrictions under the Fairfax County Code, Zoning Ordinance and Animals and Fowl
Ordinance (more commonly known as the Animal Control Ordinance) are applicable to all
Kingsberry residents and guests. The Animal Control Ordinance prohibits animals from
running loose on public property, requires that dogs be leashed when off of the dog owner's
property, prohibits animals from trespassing or damaging (soiling) another's property.

2. The Board of Directors extends permission to Fairfax County Animal Control to enforce all
applicable portions of the Fairfax County Code with regard to all pets and animals within
the common area of Kingsberry.

3. The landscaped common area is not to be used for walking, exercising or relieving pets.
Dogs may be exercised while leashed in Kingsberry's non-landscaped peripheral areas.

4. Pet owners are responsible for the immediate clean-up and proper disposal of pet wastes
deposited on the common area or on any property within Kingsberry.

In cases not covered by these rules, any decision as to what constitutes an authorized or
unauthorized use of common area is at the Board's discretion.


A. Scope. Any resident, guest, or visitor in violation of the rules and regulations contained in
this resolution shall be subject to enforcement as provided by the governing documents of the
Association and applicable Virginia law.

B. Authority. The Board of Directors_or its designee is authorized to enforce all provisions and
restrictions of rules and regulations and to accomplish enforcement in a manner that is
consistent and equitable to all residents, guests, and visitors.


Nothing in this resolution shall be construed to hold Kingsberry, the Kingsberry Board of
Directors, Kingsberry committees or committee members, or Kingsberry agents responsible or
liable for damage to property or persons from any private use of the common area, which is
neither provided for by the governing documents nor previously authorized in writing by the
Board. Any person using the common area for any purpose not so authorized assumes personal
liability for all outcomes or circumstances resulting from such use. Owners and residents shall
be liable for any damage they, their family members, tenants, guests, or other invitees cause to
any portion of the common area as defined in Section II.A of this Resolution.