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Use
of Property and Residential
Property Covenants
An
Overview
 What
are Use
of Property and Residential
Property Covenants?
While
the Design Covenants primarily seek to preserve the architectural
integrity of the whole community, the Use of Property and
Residential Property Covenants (Use/Maintenance Covenants)
focus on the ongoing maintenance and specific use of properties
within the community. The Use/Maintenance Covenants relate
to the physical condition of property and certain uses made
of it such as business in the home or parking of vehicles.
The Use/Maintenance
Covenants are included the Reston Deed and were developed,
in part, to ensure that properties are kept in good repair,
acceptable in appearance and substantially similar to their
original condition. They 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/Maintenance Covenants provide both a
reminder of property owners' responsibilities and a process
though which the community can protect its physical well being.
Following
are descriptions of the most commonly cited Use/Maintenance
Covenants:
Vegetation
Trees, shrubbery and other plants may not obstruct pathways,
sidewalks, obscure sightlines for vehicular traffic or be
detrimental to the use and enjoyment of neighboring property.
Refuse
and Debris
Storing or disposing of refuse and debris in common areas
or in Reston lakes is prohibited. Storing refuse and debris
in a way that is exposed to view (except for temporary placement
awaiting pickup) also is prohibited.
Maintenance
of Improvements
Each owner of commercial and residential property must keep
that property in good order and repair. The appearance of
the property cannot detract from adjoining properties and
its upkeep must be consistent with the Standard for Maintenance
of Improvements on page 21 of this book.
Non-residential
Use
Residential property must be used for residential purposes,
except for certain other uses that are permitted by the guidelines
and policies of the RA Board of Directors. The guidelines
describe conditions under which residences may and may not
be used for home-based occupations.
The other
Use/Maintenance Covenants are:
RA's
Board of Directors has adopted guidelines for most of the
Use/Maintenance Covenants to help property owners interpret
how they should be applied in specific situations. Please
contact RA Covenants Administration at 435-6530 for detailed
information.
You can also print out the Request
for Review by Covenants Committee Form, and fax, mail
or drop it off to the Reston Association, 1930 Isaac Newton
Square, Reston, VA 20190. Fax: (703) 435-6516, if you would
like to file a complaint.
What is
the Covenants
Committee?
The Covenants
Committee is not the same as the Design
Review Board.
The Covenants
Committee is appointed by the RA Board to administer the Use/Maintenance
Covenants. In doing so, the Committee:
- Considers
and decides violations in accordance with adopted procedures
- Develops
enforcement procedures
- May
withdraw the privilege of the use of Reston's common areas
from covenants violators
- Considers
requests for temporary exception permits.
Who is
on the Covenants Committee?
The committee is made up of six people. All six are volunteers
from the community and are appointed by the RA Board of Directors,
one from each of RA's four voting districts and two At-Large Members. The other member is
one of RA's elected Directors. RA's legal counsel serves as
an ex-officio, non-voting member.
What
is the difference between violations of Design Covenants and
violations of Use/Maintenance Covenants?
Violations of Design Covenants are identified by RA staff
with respect to the Design Guidelines and covenants. Alleged
violations of Use/Maintenance Covenants are referred to the
Covenants Committee primarily as a result of complaints from
the community. Both types of violations are noted during inspections
performed for the preparation of disclosure documents.
How are
complaints resolved?
An informal approach, without a Covenants Committee hearing,
is preferred, with RA staff helping the property owner to
identify a solution. RA 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.
If no
informal resolution is accomplished, a formal Covenants Committee
hearing is held which allows both the complainant and the
property owner to state their cases before a decision in made.
The Committee
can take one of three actions:
- It
may find that a violation of the Use/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 complaint.
Determining
Use/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/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, RA can refer serious or persistent violations
to the Legal Committee of the Reston Association for further
action that can include filing suit against the owner.
What is the Standard for Maintenance of Improvements?
Simply stated, it is the minimum standard of upkeep
and appearance the DRB has adopted as acceptable for
improvements made to Reston properties. The text of
the Standard follows on the next page. The Covenants
Committee developed this Standard, which was adopted
by the DRB to ensure that any improvements permitted
under the design review process are kept in good repair
and substantially in their originally-designed condition.
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