POLICY RESOLUTION I-B-8 Amended at a regular session

PET POLICY on November 2, 2000.

WHEREAS Paragraph 4 of the Articles of Incorporation of The Colonies Condominium establishes that the affairs of the Corporation shall be managed by a Board of Directors; and

WHEREAS, Articles I, Section 4 and Article IV, Part C. Section 16 of the Bylaws grant the Board of Directors all of the powers and duties necessary for the administration of the Condominium; and

WHEREAS, The Board is desirous of adopting a policy regarding pets in the Condominium, for the health, safety, and welfare and protection of property of all unit owners residents, and invitees;

NOW THEREFORE BE IT RESOLVED THAT the following policy regarding pets be adopted by the Board:

I. Definitions

For the purpose of this Resolution, the following definitions shall apply:

(1) "Pet" - Any dog, cat, bird, fish or usual household animal kept for pleasure rather than commercial purpose.

 

(2) "Vicious Animal" - Any animal which has evidenced a disposition to attack human beings or animals without provocation, including, but not limited to, Pit Bulls or Rotweilers. The term "Pit Bull" is defined as any dog which is entirely or part American Pit Bull Terrier or American Staffordshire Terrier or any combination thereof, including any related breeds.

 

II. GENERAL RULES

A. No pet shall be kept or maintained on The Colonies premises without the prior written approval of the Board of Directors. Application shall be submitted on Exhibit A "Pet Registration and Application Form."

B. All dogs and cats shall be registered annually by the owner of the pet at The Colonies office. Any unregistered dogs or cats must be removed from The Colonies premises by the owner of the pet. New pets must be registered within five (5) working days.

C. All residents with dogs that will be visiting for longer than four (4) days must obtain a temporary registration at the management office. The cost is five dollars ($5.00). The registration is valid for thirty (30) days and may be renewed at no charge for a total of ninety (90) days. A current facilities pass and a current rabies certificate are needed to obtain the registration. After ninety (90) days, the dog is no longer considered "visiting" and must be registered in Fairfax County and also registered in compliance with The Colonies Pet Policy. The dog must meet all the requirement of the Colonies Pet Policy or be removed immediately from The Colonies. Unregistered dogs are subject to immediate removal from The Colonies.

D. Prior written approval of the Board of Directors shall be granted if the following criteria are satisfied:

1. The applicant has completed, signed and submitted Exhibit A, "Pet Registration and Application Form," and all attachments required by that form.

 

2. The registration fees and fees for identification tags are paid.

 

3. The Board does not find, on the basis of the pet's breed or other evidence, that the dog is a Vicious Animal, as defined herein, or is known to have a propensity to pose a danger to people or other pets.

 

E. No lease for rental of a Colonies unit shall be approved unless it contains a statement that a pet is or is not permitted in the unit. If a pet is permitted in the unit, the lease shall be approved only if it contains Exhibit A, "Pet Registration and Application Form."

F. When a unit is vacated, all pets kept in the unit must be permanently removed from The Colonies by their owners or custodians.

G. Every owner or custodian of a pet shall be responsible for any and all property damage, injury, and disturbance caused, inflicted, or in any way contributed to by their pet, and any and all expenses associated therewith. Every owner or custodian of a pet shall remove any and all excrement of their pet on the common areas including but not limited to grass, walkways, parking lots and streets. This matter shall be disposed of in a sealed plastic bag in the garage dumpster. Any kitty litter or other similar material such as bird or animal cage lining shall be deposited in a sealed plastic bag in the garage dumpster.

H. All dogs and cats shall display a current county license and rabies vaccination tag. All dogs shall also display a Colonies Pet identification tag, when in the common areas. These tags shall obtained upon registration of the dog. Any dog not displaying such a tag will be considered unregistered and must be removed from The Colonies premises by the owner. Any dog displaying another dog's tag shall be considered unregistered and must be removed from The Colonies premises by the owner.

I. No pet owner shall allow his pet to run unrestricted in the common elements of the Condominium. Animals running unrestricted in the Condominium should be reported to the Administrative Office for possible identification.

J. No unit owner or resident who owns, has in his possession or under his control any pet or pets shall not keep such pet or pets in such a manner as to cause unsanitary conditions.

K. No unit owner or resident shall keep or permit to be kept in the Condominium any wild, exotic or vicious animal as defined above.

L. Pets shall not be fed, kept, or maintained in any Common Element.

M. No animals shall be leashed to any object or fixture in the Common Elements.

N. No pets shall be permitted in or on the recreational facilities of the Condominium, including the pool area, clubhouse, tennis courts, and tot lot.

O. In transporting a dog or cat to or from a unit, the owner or custodian shall either carry the dog or cat or have the dog or cat on a leash at all times within buildings. Use of entrance foyers and elevators in buildings for transporting dogs or cats is prohibited, ingress and egress being restricted to stairways. Applications for exemption from compliance with this Sub-section (O) due to handicap, age, infirmity, or other hardship of the owner or custodian of a pet or of the pet may be granted by the Board.

P. Every owner or custodian of a pet which has died shall promptly dispose of the dead pet in a manner acceptable to the Fairfax County Department of Health. Use of the Common Elements or any portion thereof for burial of dead pets is prohibited.

Q. No pet owner or custodian shall permit his pet to make any noise either within a unit or on the Common Elements such as to offend or disturb any resident of the Condominium. In determining whether a noise made by a pet is offensive or a disturbance, the standard shall be whether the duration, frequency of occurrence or volume of the noise is such to offend or disturb any ordinary, prudent person.

R. The provisions of this resolution shall in no way be interpreted to waive any rights of the Council of Co-owners granted by Virginia law.

III. ENFORCEMENT PROCEDURE

A. The Board of Directors shall strictly enforce all existing rules on the behavior of pets found in the Colonies Declaration and Bylaws and the rules and regulations adopted pursuant thereto. The Board of Directors may, in its discretion, relieve the Covenants Committee of its authority to hear complaints regarding the behavior of pets and the pet owner's control of the effects of the pet. All such complaints shall be made directly to the Board of Directors. The Covenants Committee, or the Board of Directors if it relieves the Covenants Committee of its authority to hear such complaints, shall hold hearings on alleged violations pursuant to the procedures set forth in Policy Resolution I-B-4.

B. A violation of any provision of this Resolution may be reported by a Unit Owner, resident or employee of The Colonies by the following procedures:

1. If the occurrence is one that has already taken place, the violation should be reported by submitting a signed, written statement to the Administrative Office describing the problem and/or damage, identifying the pet(s) and owner(s) if possible, and noting the specific date, time and place.

 

2. A person witnessing a violation of any provision of this Resolution may make a report by telephone to the Administrative Office provided the person identifies himself or herself and agrees to provide a signed, written statement with full documentation as described above. An initial report by telephone prior to submission of a written statement will be accepted if, in the judgment of the Manager, he can conveniently dispatch a guard to the scene of the problem to observe what is happening, talk with the owner, if available, and with any witnesses or participants. The guard shall prepare a written report on what was observed and discussed, along with careful identification of any pets and persons involved. If the foregoing is not possible, a person desiring to report a violation should proceed as described in B.1. above.

 

3. All such violations shall be reported to the Board of Directors for action.

 

C. The Bylaws sanctions for non-compliance with this Resolution include, but are not limited to, removal of the pet, assessment of damages, and forfeiture of privilege to keep or maintain any pets and assessment of charges.

D. The following guidelines shall be used in assessing charges against owners for violations of the rules based upon pet behavior and the pet owner's control of the effects of the pet on others: (a) For the first violation, assessment of a $25 charge; (b) For the second violation within a two year period: assessment of a $50 charge; (c) For the third violation within a two year period: assessment of a $50 charge.

E. The Board of Directors of the Association may order the removal of a pet upon ten days notice if a fourth violation is found by the Board of Directors to have occurred. Notwithstanding this, the Board of Directors of Directors may require the removal of a pet on the first, second or third violation if the Board finds that the pet is a danger to life or limb.

F. The Administrative Office shall treat all complaints or reports as confidential if the complainant so wishes, but only to the extent that confidentiality can be maintained in the enforcement process. No owner can be found in violation based only upon evidence of a complainant whose identity remains confidential. If an employee of the Council of Co-owners witnesses the violation he/she shall serve as a witness in any Board or Covenants Committee proceedings on the violation, in addition to, or in lieu of, the person who initiated the complaint. The Manager shall send the reported information to the pet owner concerned and request a written response.

G. The procedures for enforcement set forth in this resolution shall not preclude the Council of Co-owner or its agents, a unit owner or resident from seeking relief under applicable state or county law or governmental ordinances or regulations through appropriate governmental authorities.