Commercial Vehicle Prohibition

4/15/04: As announced on this site, the Bylaw changes were passed. They are included in the Leewood Manual, found on this site. For the version that has cross references to our old parking regulations click here. Or, if this is your first visit to this page, you might want to read the history of what we have done, below, and you will eventually end up at the cross-referenced changes.

2/9/04 Update: We have passed the proposed changes through the attorney and he had a few revisions. There have also been some comments concerning better language in some sections. There are some that believe that nothing more should be done except put in a commercial vehicle provision -- that anything else is a clever attempt to try to destroy the passage of the provision. Thus, although some word mongering might be helpful, we are trying to stay as close as possible to the original language that is in our current Bylaws.

The primary substantative change was to eliminate the wording about Fairfax stickers -- as Fairfax doesn't tow for expired stickers we were advised that we shouldn't tow either. The attorney also advised us not to limit ourselves as far as remedies so we added the remedies of assessing charges for the violations and booting. (Click here to go directly to the latest proposed version)

1/14/2004

At the January 13, 2004 board meeting, the board approved draft truck language for a Bylaw change that would include language to prohibit commercial vehicles. Leewood seems to be attracting more of these vehicles and it was felt that most residents wanted to dampen the attraction of Leewood for those who desired to put commercial vehicles on our property. Some have actually asked their Realtors for the name of an association that doesn't prohibit commercial vehicles. Thus, it seemed that quite likely Leewood actually would become a magnet for commercial vehicles.

As you might know, our actual vehicle restrictions are found in our Bylaws, Article XVIII. When the parking committee reviewed the current restrictions, they found them to be poorly organized. Thus, rather than just add language to a poorly written document, the current restrictions were re-grouped for clarity. Also, although the practice had been to follow the Fairfax definition for abandoned vehicles, the definition itself was not actually in the Bylaws. We believed that it would be better to have it there so that the document could be used as a stand-alone guide for residents and board alike.

As an added bonus, we are adding in the Pooper Scooper laws under Animal Control. Currently, Fairfax could not enforce them on our premises. A few simple words will allow that situation to be remedied.

If you have any comments regarding these changes, do contact a board member. The time line that is being implemented is to put the changes out for comment and review by the attorney in January, and then firm up the language at the February board meeting. Almost immediately after that board meeting, the annual meeting package must be mailed which will include the final language. At the Annual Meeting we will vote on whether to adopt the new regulations.

The New Bylaws -- with cross references added

ARTICLE XVIII

PARKING RESTRICTIONS

Section 1. Location. Vehicles shall be parked only within marked parking spaces. (Section 1)

Section 2. Restricted Vehicles. The following vehicles are prohibited from parking in Leewood:

Vehicles that adversely affect the safety of the community or present a hazard to its residents. (Section 2b)
Boats, house trailers, towable trailers, and motor homes.(Section 2a)
Commercial vehicles.¹ The provisions of this subsection do not apply to a commercial vehicle when picking up or discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular residence. (New)

Abandoned/stored vehicles.² (Section 2a)

Oversized vehicles.³ (Section 2bi and 2c)

Vehicles without current state registration tags (license plates) or that have a inspection sticker displayed that is more than 60 days expired.(Section 2a)(New/revised)

Vehicles that cause damage to the parking surface. (Section 2bii)

Section 3. Maintenance, Repair and Storage. Vehicles shall not appear to be inoperable for a period of more than 24 hours. Parking spaces shall not be used for the storage of personal property. (Section 2a and 3)

Section 4. Reserved Parking Places. Vehicles may not be parked in a place marked "reserved" unless the vehicle belongs to the owner of that unit or has permission of the owner of the unit. (New)

Section 5. Enforcement. The Association reserves the right to tow vehicles (at the owner's risk and expense), boot the vehicle, and/or assess charges for any violation of these restrictions. Further, the Fairfax County Police are hereby authorized to enter the Common Area to enforce traffic and registration laws/regulations of the Commonwealth of Virginia and Fairfax County.(New/revised)

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For the purposes of this section, the following definitions apply:

¹ Commercial vehicles include, but are not limited to: (i) any solid waste collection vehicle, tractor truck, dump truck, concrete mixer truck, towing and recovery vehicle, or any other heavy construction equipment; (ii) any vehicle in which food or beverages are stored or sold; (iii) any vehicle licensed by any state for use as a common or contract carrier or as a limousine; (iv) any vehicle that displays commercial signs or advertising of a company or service; and (New/revised) (v) any vehicle that habitually has objects such as ladders, duct work, etc. attached to it.

² Abandoned/stored vehicles are any vehicles that, after being ticketed, do not move within a period of ten days.

³Oversized vehicles are those that obstruct community walkways or roadways when parked in a marked parking space or that are wider than 84 inches. The measure used to determine obstruction of the roadway is the vehicle, when parked, shall not extend beyond the peninsula curbing; likewise the vehicle shall not block the sidewalk.

ARTICLE XIX

ANIMAL CONTROL

Section 1. The Fairfax County Animal Warden and the Fairfax County Police are hereby authorized to enter upon the Association's property and common area for the purpose of enforcing the Fairfax County and Commonwealth of Virginia laws, ordinances and regulations generally referred to as "leash laws" and the "pooper scooper laws".

The Proposed Bylaws -- First Draft

(Links are to corresponding statements in current Bylaws)

ARTICLE XVIII

PARKING RESTRICTIONS

Section 1. Location. Vehicles shall be parked only within marked parking spaces. (Section 1)

Section 2. Restricted Vehicles. The following vehicles are prohibited from parking in Leewood:

Vehicles that adversely affect the safety of the community or present a hazard to its residents. (Section 2b)
Boats, house trailers, towable trailers, and motor homes.(Section 2a)
Commercial vehicles.¹ The provisions of this subsection do not apply to a commercial vehicle when picking up or discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular residence. (New)

Abandoned/stored vehicles.² (Section 2a)

Oversized vehicles.³ (Section 2bi and 2c)

Vehicles without current state registration tags or inspection sticker displayed. (Section 2a)

Vehicles without proper Fairfax registration displayed (provided that the vehicle is required to be registered in Fairfax). (Section 2a)

Vehicles that cause damage to the parking surface. (Section 2bii)

Section 4. Reserved Parking Places. Vehicles may not be parked in a place marked "reserved" unless the vehicle belongs to the owner of that unit or has permission of the owner of the unit. (New)

Section 5. Enforcement. The Association reserves the right to tow vehicles, at the owner's risk and expense, not in compliance with these restrictions. Further, the Fairfax County Police are hereby authorized to enter the Common Area to enforce traffic and registration laws/regulations of the Commonwealth of Virginia and Fairfax County.

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For the purposes of this section, the following definitions apply:

¹ Commercial vehicles include, but are not limited to: (i) any solid waste collection vehicle, tractor truck, dump truck, concrete mixer truck, towing and recovery vehicle, or any other heavy construction equipment; (ii) any vehicle in which food or beverages are stored or sold; (iii) any vehicle licensed by any state for use as a common or contract carrier or as a limousine; (iv) any vehicle that displays commercial signs or advertising of a company or service except that the small logos or names that car dealers sometimes affix to the car body are permitted; and (v) any vehicle that habitually has objects such as ladders, duct work, etc. attached to it.

² Abandoned/stored vehicles are any vehicles that, after being ticketed, do not move within a period of ten days.

ARTICLE XIX

ANIMAL CONTROL

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