This memorandum establishes policies and procedures for Chantilly Highlands common area encroachments. Chantilly Highlands homeowners who wish to maintain any structure on the common area shall apply to the Board of Directors for approval to maintain such structure.

All homeowners who maintain any structure (including but not limited to: playsets, bird houses, wood piles, gardens, flower beds, etc) on the common area. Also applies to all homeowners whose playsets, bird houses, etc. encroach upon the common area to any degree.

CHHA Board of Directors is responsible for entertaining and deciding upon all homeowner requests to modify the common area in any way. The homeowners are responsible for applying to the board of Directors pursuant to the policies and procedures contained in this memorandum.

CHHA Board of Directors will conditionally approve modifications to the common areas provided the homeowner supplies the following information/certificates with each application:

1. A description of said modification (e.g., playground, swing-set, garden, etc.)
2. A notarized statement indemnifying and holding harmless the Homes Association and the CHHA Board of Directors, both together and individually, for any damages, claims, etc. brought against said homeowner pertaining to said modification to the common area.
3. A certified letter from the homeowner ‘s insurance company stating that that company will cover said homeowner against any and all claims pertaining to said modification to the common area.

1. All homeowners who currently have any modification to the common area must submit a request for approval with the aforementioned documents to the Board of Directors within 60 days of passage of this policy.
2. All homeowners who wish to modify the common area must submit a request for approval with the aforementioned documents to the Board of Directors prior to such modification.
3. CHHA Board of Directors will review each request on a case by case basis and will rule accordingly based upon such factors as liability, aesthetics, appropriate use, maintenance responsibilities, insurability, etc. Such decision will be communicated in writing back to the homeowner by the Secretary.
4. If the homeowners who currently have modifications to the common areas fail to submit such request within 60 days, then the CHHA Board will utilize the resolution which allows the Board to assess monetary charges until such time that the request is submitted or until the modification is removed and the common area restored to its original condition, if necessary.

CHHA Board may assess monetary charges as it deems appropriate for each violation of said policy.