Violations and Charges for Violations
Charges for Non-Payment of Assessments
The Hunters Creek Homes Association (HCHA) may impose charges for non-payment of assessments. The following charges may be imposed:
- Interest at 6% per year on any unpaid assessment.
- A late fee of $30 for any assessment that is not paid within 60 days of the due date.
- A late fee of $50 for any assessment that is not paid within 90 days of the due date.
The Hunters Creek Homeowners Association (HCHA) may impose charges for non-compliance with the Hunters Creek Covenants, Bylaws, or Rules and Regulations in the Community Handbook. The following charges may be imposed:
- A fee of $50.00 plus $10.00 per day until resolved for any violation of the Covenants, Bylaws, or Rules and Regulations.
Before any charges are imposed, the homeowner, property owner, or tenant will be notified at least 14 days prior to a hearing regarding the violation. They will have the opportunity to be heard and represented by counsel at the hearing. If they fail to appear at the hearing, the Board may conduct the hearing and determine the imposition of any charge or penalty without further input from them. Hearing results will be hand-delivered or sent by registered or certified mail, return receipt requested, to the homeowner, property owner, or tenant at the address on record within seven days of the date of the hearing.
The following items may be subject to charges:
- Grass higher than 8 inches
- Lack of maintenance of home, accessory buildings, including but not limited to the following:
- Trim and fascia boards
- Front doors
- Front storm doors
- Firewood piles
- Accessory buildings
- Gutters and downspouts
- Driveways and pipe stems
- Any other attachment to a dwelling or accessory building
- Junk vehicles
The following additional items may result in an Association assessment charge and or Town penalty:
- It is unlawful to permit dogs to run loose or foul neighbors’ yards or public areas according to Town ordinance.
- Storage of trash, garbage, rubbish, or debris on any lot at a time other than the designated collection day.
- Storage of trash or garbage containers in such a manner as to be visible from the public right-of-way, except on designated collection days.
- Implementing any exterior change or alteration that requires HCHA approval without obtaining HCHA approval prior to starting.
The Town of Herndon defines an inoperable vehicle as “any motor vehicle, trailer, or semitrailer which is not in operating condition; or does not display valid license plates; or does not display an inspection decal that is valid or does display an inspection decal that has been expired for more than 60 days.” Storage of inoperable vehicles outside of a building not screened from view constitutes a Town misdemeanor. The Hunters Creek Homes Association has adopted this same definition for what constitutes a junk vehicle. Our Covenants in Hunters Creek are specific that no junk vehicles are allowed to be stored on any lot in the community.
Enforcement by Hunters Creek Homes Association of junk vehicle conditions is handled in accordance with Section B, “General Upkeep, Maintenance, and Violations” above. Also, at this time, the Town of Herndon will be notified of the vehicle so that Town ordinances can be enforced.
Pursuant to the Hunters Creek Homeowners Association (HCHA) regulations, a homeowner may have a vehicle stored temporarily on their property for restoration, provided that the following conditions are met:
- The vehicle is properly licensed.
- The vehicle is covered with a commercial type of vehicle cover of a neutral color, so that only the wheels are visible.
- There is no evidence of any vehicle parts or supplies visible on the premises.
- The restoration project has been approved by the HCHA Board of Directors.
- The vehicle is not stored for more than 6 months.
Street Parking of Vehicles
Parking vehicles are prohibited from parking within 20 feet of an intersection or 5 feet of a driveway. This is enforceable by both the Town of Herndon and HCHA.
Commercial Vehicle Parking
No person shall park any commercial vehicle on the roads, highways, or streets in areas zoned for residential use in the town for a continuous period of more than two hours.
One resident of each single-family detached or attached, multiple-family, or two-family dwelling unit in areas zoned for residential use may park per dwelling unit on the street with respect to and adjoining or adjacent to the dwelling unit of the resident one vehicle licensed as a taxicab or limousine, provided in all such cases other vehicles are permitted to park there.
No parking of any commercial vehicles is permitted in Hunters Creek Homes. This includes all vehicles with a gross vehicle weight rating (GVWR) greater than 10,000 pounds, all vehicles with ladders or utility racks, and any vehicles with signs, lettering, or markings. A single taxicab or limo with markings can be parked per residence.
The provisions of this section shall not apply to a commercial vehicle:
- When temporarily parked pursuant to the performance of work or service at a particular location.
- When parked in a commercial office, planned development, mixed use, or neighborhood commercial zoning district, adjoining or adjacent to a commercial use.