Windgate II

Parking Rules & Regulations

 

 

These are the Windgate of Arlington, Village II Parking Rules & Regulations, revised and restated to reflect changes made by the Board of Directors to the plan originally adopted under Policy Resolution 87-1.

 

Article I: Definitions

 

For the purposes of these Parking Regulations, the terms listed below shall have the meanings provided:

 

1.01     Back Lot shall mean the Windgate II parking lot accessed from the Windgate III lot or from South Wakefield Street.

 

1.02     Back Units shall mean condominium units in Windgate II with addresses 2538 through 2576 South Arlington Mill Drive.

 

1.03     Front Lot shall mean the Windgate II parking lot accessed directly from South Arlington Mill Drive.

 

1.04     Front Units shall mean condominium units in Windgate II with addresses 2500 through 2536 S. Arlington Mill Drive.

 

1.05            Prohibited Vehicle shall mean any bus, truck with more than 2 axles (i.e. commercial truck), trailer, boat, recreational vehicle, any vehicle not in operating condition, or any vehicle with a conspicuous "For Sale" sign. A vehicle shall be considered not in operating condition if any one of the following conditions is satisfied: (1) the vehicle does not have a current registration or has an expired inspection sticker; (2) the vehicle, in its current condition could not be driven out of the parking lot; (3) the vehicle has a broken window, flat tire, broken headlight, broken tail light, or such other damage or defect that the vehicle could not pass Virginia inspection in its current condition. A prohibited vehicle may be towed at any time at the sole risk and expense of its owner.  Notwithstanding the preceding sentence, a vehicle that has a valid parking permit and either is not in operating condition or bears a conspicuous "For Sale" sign will not be towed unless, at least 24 hours before towing, a notice of violation is delivered to the residence for which the parking permit was issued, if identifiable, and/or a warning ticket is placed on the windshield of the vehicle in violation. Upon the request of an owner or a vehicle that is not operable and upon presentation of satisfactory evidence that the owner of such vehicle has scheduled an appointment for repair of such vehicle, or for other good cause shown, an officer of the Association Office may permit such vehicle to remain in the parking lot for a period ending not later than thirty (30) days after the day the vehicle was first parked in the lot in inoperable condition.

 

1.06            Primary Permit shall mean the Blue Permit provided for each Back Unit with one or two registered vehicles and the Gold Permit provided for each Front Unit with one or two registered vehicles.

 

1.07            Secondary Permit shall mean the Red Permit provided for each Back Unit with two registered vehicles and the Green Permit provided for each Front Unit with two registered vehicles.

 

Article II: Parking Locations

 

2.01     Back Lot.  Vehicles parked in the Blue Zone in the Back Lot must have a valid blue permit.  Vehicles parked in the Red Zone in the Back Lot must have a valid red permit.  Permits issued to residents of the Front Units are not valid in the Back Lot.

 

2.02     Front Lot.  Vehicles parked in the Front Lot must have a valid yellow or green parking permit.  Permits issued to residents of the back units are not valid in the front lot.

 

2.03     Guest Passes. 

 

Front Units, 2500-2536

 

Guest vehicles with guest passes may park in the Front Lot only in assigned Visitor spaces located on either side of the fire lane across from 2516 and 2518 and abutting Heatherlea Condominium. There are 13 spaces to the left of the fire lane, and seven (7) spaces to the right of the fire lane. The exact number and location of spaces is subject to change. Spaces will be identified with signage and/or “V”’s indicating visitor parking. These spaces are available to residents with Yellow and Green passes and to visitors with valid guest passes on a “first come, first served” basis.

 

Back Units, 2538-2576

 

Guests of residents of these units are to park in the seven Windgate II spaces near Courtbridge (see the property map attached) or on South Wakefield Street.

 

Guest passes are to be used for guest vehicles only and not for third vehicles on a permanent basis.

 

2.04            Number and Location of Spaces. There may be at least 78 blue spaces in the Back Lot; one space per unit. From time to time, a committee may be appointed by the Board to determine which spaces in the Back Lot are "blue" and which spaces are "red". The committee may move signs from time to time, but will not decrease the number of blue spaces or order any new signs without the approval of the Board of Directors.  The Community Manager will not order any new parking signs without the approval of the Board of Directors.

 

2.05            Parking at the Front Entrance and Gazebo.  Parking to the right side of the front island at the South Arlington Mill Drive entrance to the property is reserved for Windgate II residents displaying a current Front Lot resident parking pass.  The parking spaces directly in front of the gazebo are “first-come, first-served” for residents of Windgate II displaying a current front lot resident pass, and for Windgate III residents displaying a current resident parking pass.

 

Article III: Enforcement

 

3.01     Hours. The Parking Regulations will be enforced by towing 24 hours daily.

 

3.02            Towing.  Any vehicle that is parked in a Windgate II parking lot may be towed at the sole risk and expense of the owner of the vehicle if:

 

(i) The vehicle does not have a properly validated Windgate II parking permit or the permit has been altered.

 

(ii) The vehicle is parked in a location for which the permit is not valid.

 

(iii) The vehicle is parked in a designated fire lane.

 

(iv) The permit in the vehicle is not properly displayed per Paragraph 4.02.

 

(v) The vehicle is parked in violation of any of the rules of Article II.

 

(vi) The vehicle is occupying more than one parking space.

 

            (vii) The vehicle is using a permit that has been reported stolen, lost, or not returned by a prior owner or resident.

 

(viii) The vehicle is a Prohibited Vehicle as described in Paragraph 1.05.

 

Towing will be enforced by a contracted towing company and will be conducted randomly between the hours of 9:00 p.m. and 4:00 a.m.

 

3.03            Monitoring.  Windgate II employees or agents may periodically walk through the parking lot, identifying cars that are to be towed, and arrange for towing.  From time to time, members of the Board of Directors may be authorized to arrange for towing of cars.  Such members, upon the request of residents or on their own initiative, may arrange for the towing of cars that are in violation of these regulations.  Periodically, permit numbers may be checked against a list of invalidated permits to be sure that such permits are not being used.

 

Article IV: Issuance of Permits

 

4.01            Number.  One Primary Permit and one Guest Permit will be issued to the eligible residents of each unit.  If more than one vehicle is registered to the residents of a unit, a Secondary Permit will be issued to the unit or renewed if and only if the residents provide proof of ownership of two vehicles.  The proof must be in the form of a copy of the registration of the two vehicles.  The registration must be in the name of the owner/resident or registered lessee or a member of his/her family residing in the unit or proof must be provided that the vehicle is leased or principally used by such person. A copy of vehicle registration must be provided each year, for each vehicle.

 

4.02            Displaying of Permits.  Primary and Secondary Permits shall be displayed in the lower left corner of the rear windshield, driver's side.  Guest Permits shall be displayed from the rear view mirror of the vehicle in clear view. Residents or guests who fail to display permits properly or who alter permits bear the risk of being towed.

 

4.03            Transferability. Only RED and BLUE permits may be transferred between the two vehicles registered to a Back Unit.  YELLOW and GREEN permits issued to Front Units are not transferable.

 

4.04     Other Requirements for Issuing Permits. Permits will not be issued to any unit or renewed for any unit if:

 

(i) The unit owner is in arrears on any sums owed to the Association.

 

(ii) The unit owner has not turned in a copy of his/her settlement sheet.

 

(iii) The unit is not occupied by its owner(s) and a copy of the lease has not been provided to the Association Office as required by the bylaws.

 

(iv) The unit owner has received notice that the unit is in violation of an architectural rule, and the   violation has not been corrected.

 

(v) The resident has not turned in a copy of two current vehicle registrations if two vehicles are being registered; or

 

(vi) During the year the passes were issued, the owner rents his unit to new tenants and does not return the passes to the Association Office from the previous residents for revalidation (see Paragraph 4.10).

 

4.05            Temporary Permits.  The Community Manager may issue a temporary permit to a unit if, in the Community Manager's judgment, good reason is shown for not satisfying a requirement for obtaining a permit.  Good reasons include, but are not limited to, new residents who have not yet received a registration with Windgate II address, a lessee who is not aware that a unit owner is in arrears, or recently received architectural non-compliance letter where correction is not yet completed.  Temporary permits will have terms of not more than 45 days, and the expiration date will be marked on the permit. 

 

4.06     Lost and Stolen Permits. Lost and stolen permits will be replaced upon receipt of a written request and payment of $10 the first time the pass is replaced and then $50 for each subsequent replacement within the April-to-April permit cycle.  Permits reported lost or stolen will be voided.  Vehicles displaying voided passes will be towed without notice.  This policy is subject to change without prior notice.

 

4.07            Coding.  Each permit will have an expiration date and will be numbered.

 

4.08     Record Keeping.  The Association Office will keep an accurate record of temporary and permanent permits issued on a unit-by-unit basis.  This record will be available at each Board meeting.  The Association Office will keep an up to date list of invalid, lost, or stolen permits.

 

4.09     Notice to New Residents.  The Unit Owner Guidebooks prepared by the Association Office shall include a notice that the party selling a unit must turn in his passes to the Association Office for revalidation.  During the year that the passes are issued, an owner who rents his unit to new tenants must turn in the parking passes from the previous residents in order for the new tenants to receive passes.  Passes not revalidated upon resale will be invalid.  Copies of these regulations shall be included in the resale certificate for new unit owners and shall be provided to new lessees when lessors file leases in the Association Office. 

 

Failure to receive notice in accordance with this Paragraph will not relieve new residents of their obligations to follow the Parking Regulations.

 

4.10            Expiration/Renewal. Parking permits will expire yearly.  Notice of expiration and renewal will be provided on mailboxes and by delivery to each residence.

 

4.11     Special Rules.  For purposes of these regulations, the Board of Directors may from time to time permit a resident in a Back Unit to be treated as a resident of a Front Unit, and vice-versa.  If an exception is made in accordance with the preceding sentence, the number of blue spaces in the Back Lot may be adjusted to reflect the exception. It is the intent of the Board that residents are encouraged to use parking spaces near their mailboxes so that residents will see notices posted on the mailboxes and will not frequently walk on and wear out the grass.

 

Article V: Effective Date

 

These revised and restated parking regulations shall be effective as of November 15, 2004 and shall remain in effect until residents are so notified.