Cluster Rules

Excerpt from the Coquina Cluster Association Homeowner Guidelines:

RULES FOR THE CARE AND USE OF THE

COCQUINA CLUSTER ASSOCIATION COMMON AREA

A.       Purpose. The purpose of these rules is to ensure that the Common Area is

made equally available for use by cluster residents protecting its value and desirability.

B. Effective Date. These rules are effective 01 April 1989 and supersede all related rules previously published.

C.      Definitions:

1.       Cocquina Cluster (Cluster) means all the lots and Connon Area adjacent to Cocquina Drive, Fan Shell Court, Scotch Bonnet Court, and Tigers Eye Court, located in Reston, Virginia.

2.       Cocquina Cluster Association (CCA) means the Virginia, nonstock, nonprofit, membership corporation that owns the Common Area. All lot owners are members of CCA.

3.       Board of Directors (Board) means up to five individuals who are elected annually by CCA members, serve voluntary, and are responsible for- governing the affairs of the CCA.  

4.       Common Area means all the property within Cocquina Cluster that is owned by the CCA. This includes all the off-street parking pads and some open space near the houses. Exhibit 1 shows the approximate boundaries of the Cluster Common Area.

5.       Licensed means, with respect to motor vehicles and trailers, one that currently meets all requirements for operation on public roadways.

6.       Lot means the property within Cocquina Cluster that is owned by an individual Association member(s) and upon which a house is situated.

7.       Parking Pad means one of the concrete surfaced areas within Cocquina Cluster that is owned by the CCA and that has been designated a motor vehicle and trailer parking area,

8.       Reston Association (RA) means the state chartered, nonprofit service corporation that regulates architecture (building and landscape) in the Cluster. All lot owners are members of RA.

D.      Authority.

1.       Article IV, Section 11 of the Bylaws of the CCA {dated 01 December 1985);

2.       Article II of the Declaration of Covenants, Conditions, and Restrictions for the CCA (dated 08 April 1975).

3.       Article Vil, Section VII.2(b) (1) of the Deed of Amendment to the Deed of Dedication of Reston (dated 20 December 1984).

E.       Revision and Amendment. The Board ·may amend -or revise these rules in accordance with procedures set forth in the Bylaws of the CCA.

II.       PARKING.

A.       Assignments. Each lot owner or tenant and their guests shall be entitled to the exclusive use of 1 (one) parking pad. Questions about parking pad assignments may be addressed to the President, Cocquina Cluster Association.

B.       Use. The parking pads are for storage of licensed and operable motor vehicles and trailers.

C.      Restrictions. Parking pads may not be used to store the following:

1.       Unlicensed motor vehicles or trailers.

2.       Junk or inoperable motor vehicles or trailers.

3.       Oversized motor vehicles or trailers. Vehicles and trailers must not extend onto sidewalks or green areas.

III.      OPEN SPACE.

A.       Care of Open Space. Maintenance of the Common Area near each lot is the responsibility of the lot owner. This responsibility may be transferred to a tenant in the rental agreement, but the lot owner must provide for maintenance in the event the tenant does not. Maintenance responsibilities include:

1.       Lawn Maintenance. Lawns on the Common Area near each lot shall be kept in neat and good order.

2.       Maintenance of Shrubs. Shrubs on the Common Area near each lot shall be maintained so they do not interfere with pedestrian traffic or use of the parking pads.

3.       Maintenance of Trees. No trees, live or dead, may be cut down or removed from the Common Area without prior approval from the Board. RA also places restrictions on tree cutting/removal.

4.       Snow Removal. Residents should keep parking pads and adjacent walkways clear of snow and ice. Snow removal from streets is the responsibility of Fairfax County.

B.       Use of Open Space.

1.       Sidewalks. You may not block the sidewalk with a motor vehicle, trailer, or any other object.

2.       Fences. No fence may be constructed on the Common Area without prior approval of the Board. RA also places restrictions on fence building on the Common Area.

3.       Recreational Equipment. Playground, picnic, and other recreational equipment may be placed on the Common Area provided that: 1) approval is obtained from the Board; 2) equipment is not visible from the roadway; and 3)  affected neighbors do not object. RA also places restrictions on placement of recreational equipment on the Common Area.

4.       Firewood for home use may be stored on Common Area except on parking pads, provided that: 1) approval is obtained from the Board; 2) it does not damage trees or shrubs and 3) affected neighbors do not object.

5.       Animals. Dogs, cats, and other household pets may be housed on the Common Area provided that: 1) approval is obtained from the board; 2) the pet or the pet enclosure does not damage or destroy trees or shrubs; 3) the enclosure is not visible from the roadway; 4) affected neighbors do not object and 5) the pet has all required licenses and vaccinations. Dogs must be leashed at all times while on the Common Area.

6.       Junk/Trash. No junk or trash except in durable household trash containers may be stored on the Common Area. Lawn clippings, cuttings from trees of shrubs, rock concrete, soil, and automobile parts are examples of junk or trash.

7.       Motor Vehicles/Trailers. No motor vehicle or trailer may be parked or stored on the Common Areas except on parking pads, as per stipulated in Article II.

8.       Trees and Shrubs. No tree or shrub may be planted on the Common Area without prior approval of the Board. RA also places restrictions on the planting of trees and shrubs in the Common Area.

9.       Mailboxes. One locking mailbox is provided for each lot. Residents are responsible for obtaining keys from and reporting problems with mail to the Reston Postmaster.

IV. APPROVALS.         Owner/resident requests for Boad approval of activities described in parts III.A.3, IIIb.2, IIIB.3, III.B.4, and III.B.* shall be made in writing to the President, CCA, 2290 Cocquina Drive, Reston; VA 22091.  No action described in these sections may be taken until the owner/resident has received approval from the Board and RA where applicable.

V.       ENFORCEMENT PROVISIONS.

A.       General.- The Board will attempt to use existing authorities to enforce these rules, whenever possible. Those authorities may include the Fairfax County Police (parking violations on streets and sidewalks), and Fairfax County zoning authorities (junk cares, trash), and Fairfax County Animal Control (unleashed dogs). When no other authority applies or other authorities do not take action in a period of time as per stipulated in the respective violation notice by the Board, the Board may take direct action to remedy a rules violation.

B.       Procedures. The Board, at its discretion, may take one or more of the following actions to remedy rules violations.

1.       Notify appropriate local authorities if a vehicle or trailer appears to fall within Fairfax County's "junk vehicle" category, the vehicle or trailer is parked on a sidewalk, or a leash law violation is observed.

2.       Notify and warn the person(s) causing the violation that the Board will take corrective action if the violation persists beyond the date specified in the violation.  

3.       Tow, at owner's expense, any unauthorized vehicle/trailer if, after notification, the owner does not remove it from the Common Area before the date specified in the notification of the violation.

4.       After -providing notice, and expiration of removal period, haul and dispose of at owner's expense, unauthorized materials left on the Common Area.

5.       Take other remedial actions deemed necessary by the Board.