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Residents Handbook
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OWNERSHIP, INSURANCE, MANAGEMENT AND MAINTENANCE
CONDOMINIUM OWNERSHIP
"Condominium" is derived from the Latin con, for "with," and dominium, or "control." Essentially, condominium means control of a piece of property with other individuals. Most condos are residential apartments or townhouse developments. Fairlington Villages is organized under the Virginia Condominium Act. The act provides operational guidelines for condominium associations.
YOUR UNIT
You are the sole owner of your unit. You have a deed just like the owner of a single-family house. But you also have ownership interest in shared property. Your share of the common property is set forth in the Fairlington Villages Declaration, a legal document on file in Arlington and Alexandria, which is included in your certificate of resale. Generally, you own the interior of your unit, the entirety of the unattached outside walls to the midpoint of any walls you share with your neighbors, the roof (or the ceiling up to the sub-flooring of the unit above if you do not have a roof), and the floor to the unfinished concrete slab (or the sub-flooring if your unit does not include a ground floor). The declaration describes these boundaries. You may use your unit as a private residence and decorate and renovate it provided you comply with condominium rules in the documents and the policies adopted by the Board of Directors. (The Board and its role are described in chapter 3.) You are entitled to make improvements to your unit, such as renovating your kitchen or bathroom. Any structural alterations, however, require a variance from the Board of Directors. (See Variance, chapter 5.)
COMMON ELEMENTS
The common elements are all portions of the condominium except those designed for your individual use or ownership. Common elements include structures (parking lots, swimming pools, tennis courts, community center, tot lot, management office) and lawns and greenery not inside privacy fences. The condominium documents and directives of the Board of Directors govern use of common elements. Limited common elements are owned in common but are for the exclusive use of an individual or groups of owners. These include patios and balconies (individuals) and apartment building hallways (groups). Additional rules and policies apply to limited common areas.
YOUR UNDIVIDED INTEREST
Your ownership interest in the common elements cannot be separated from the ownership interest in your unit. Ownership of an undivided interest in the common elements, called a percentage interest, gives you the right to participate in the governance of Fairlington Villages. And it obligates you to pay your share of operating expenses.
INSURANCE COVERAGE
The bylaws require the Association to obtain certain insurance policies to protect common property and, to a limited extent, individual unit owners.
MASTER POLICY
The master policy covers buildings against various perils including fire, wind, lightning, water damage, vandalism, and theft. The coverage is "all risk" and is an amount equal to the full replacement cost of the building up to the finished walls and floors in each unit (except for items not normally insured), subject to deductibles.
The master policy covers your unit in the condition as of the condominium conversion. It does not cover the contents (your furnishings and personal items) nor "betterment and improvements" to elements such as carpets, appliances, cabinets, countertops or bathroom fixtures. For example, a granite kitchen countertop would only be covered for the replacement value of the original Formica. The insurance deductible, which the Board of Directors may change, is paid by either the Association or, under certain circumstances, the unit owner. In 2004 the deductible was $5,000 per loss. See Damage and Insurance Deductible Responsibility Guidelines and Scenarios in the Appendix.
IMPROVEMENTS AND PERSONAL PROPERTY
Procuring coverage for improvements and personal property is the unit owner's responsibility. Owners who lease their units are responsible for obtaining coverage for their unit as a rental unit. Tenants are urged to buy coverage for their own possessions, as the owner's rental insurance generally will not cover a tenant's personal property.
Owners are required to file a copy of their insurance policy with management and to notify it if the policy is canceled.
LIABILITY
The Association and individual unit owners are insured against liability arising from ownership or use of the common elements. Coverage does not insure an individual unit owner against liability arising from an accident or injury within his or her unit or liability arising from the omission, willful or negligent acts of the unit owner in either a unit or on the common elements.
Management will provide a summary of the policy upon request. The Association encourages you to discuss coverage with your insurance broker and obtain any necessary protection.
MANAGEMENT
The Association retains professional management to operate the condominium in accordance with the bylaws. On-site staff and contractors perform maintenance of common elements. Individual owners are responsible for unit repairs (plumbing and heating, for example), for which they may arrange their own contractors. If you are unsure who is responsible for repairs, contact the management office.
THE MANAGEMENT AGENT AND GENERAL MANAGER
The management agent is responsible for day-to-day operations under the supervision of the Board of Directors. The general manager, employed by the management agent, operates from the management office. The office, built in 1982, was dedicated in memory of Jerry Harbin, a former Board member who was instrumental in its construction.
Management responds to routine requests for maintenance to building exteriors, grounds, fences, exterior carriage lighting, apartment hallways, swimming pools, tennis courts, leaf removal, etc. Management maintains a 24-hour emergency telephone, published in the North Fairlington News and on the website.
STAFF
Unlike the general manager, who is employed by the management agent, the staff for administration and maintenance is employed by the Association, but it reports to the general manager.
MAINTENANCE
The division of responsibility is among the most frequently asked questions. In general, the common elements and building exteriors are the responsibility of the Association, and the unit interior is the responsibility of the owner. See Chart of Maintenance Responsibilities in the Appendix.
COMMON ELEMENTS
The Association's responsibility for common and most limited common elements (hallways, balconies, patio fences) ensures consistent maintenance, uniformity of appearance, quality of repair, and community health and safety. Maintenance required because of the negligence or wrongful act of a unit owner (or family, tenants, employees, agents, visitors, or guests of the owners) will be performed by the Association at the expense of the owner.
GENERAL BUILDING MAINTENANCE
The Association is generally responsible for exterior building maintenance. The Board and management set appropriate guidelines, select contractors as necessary, and exercise quality control. If you have any concerns about maintenance, please call the office.
A NOTE TO TENANTS AND INVESTOR OWNERS
Persons who lease units from investor owners should be familiar with the maintenance responsibilities under the terms of their lease. Typically, standard lease agreements delegate certain maintenance responsibilities (such as repair of leaking faucets) to the tenant. From the Association's perspective, the owner is responsible, regardless of any delegation.
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