Showing ordinances that apply to Burke, VA
Burke is an unincorporated community (population 42,312) in Fairfax County, Virginia. Because Burke is not an incorporated city, it does not have its own municipal code. Instead, Fairfax County ordinances apply directly to properties here. The architectural review rules below are the ones that govern your area.
Most Fairfax County HOAs require Architectural Review Committee (ARC) approval before exterior modifications, including paint, roofing, fences, additions, sheds, and landscaping changes. Under VA Code §55.1-1819.1, associations must follow procedural requirements including written applications, reasonable review timelines (often 45-60 days), and written decisions with reasons for denial. Unauthorized modifications can require removal at owner expense.
Architectural review is among the most common sources of HOA disputes in Fairfax County, where covenant communities dominate much of the residential landscape. Virginia Code §55.1-1819.1 (added via 2019 amendments to the POAA) establishes baseline procedural requirements for architectural review, supplementing each community's CC&Rs and design guidelines. Scope of ARC review: Typical Fairfax County HOA CC&Rs require architectural review for: exterior paint color changes; roofing material or color changes; window replacements (especially visible from street); door replacements; fence installation, replacement, or modification; additions (decks, patios, sunrooms, garages); sheds and accessory structures; swimming pools and hot tubs; solar panels (though §55.1-1820.1 limits HOA restrictions on solar); landscaping changes (tree removal, major plantings, hardscape); driveway expansions; mailbox replacements; satellite dishes (subject to FCC OTARD preemption); and exterior HVAC equipment placement. Application process under §55.1-1819.1: (1) HOAs must provide written architectural standards/guidelines to members; (2) Members submit written applications with plans, materials, and specifications; (3) ARC must respond within the time set in the governing documents, and if no time is specified, within 45 days for POAA associations (60 days for condo associations); (4) Failure to respond within the required time generally constitutes approval (deemed approval) in most CC&Rs; (5) Denials must be in writing with specific reasons tied to the declarations, bylaws, or published guidelines. Enforcement: Unauthorized modifications can result in: cease and desist letters; fines (up to $50/day under §55.1-1819 for continuing violations, capped at 90 days per offense); required removal or restoration at owner expense; lawsuits for injunctive relief; liens for unpaid fines. Solar panel protection: VA Code §67-701 and §55.1-1820.1 limit HOA authority to prohibit solar panels entirely; HOAs may impose reasonable aesthetic restrictions but cannot ban solar outright or impose restrictions that significantly increase cost or decrease efficiency. Satellite dishes: Federal OTARD rule (47 CFR §1.4000) preempts HOA restrictions on dishes under 1 meter. Flag display: Federal Freedom to Display the American Flag Act preempts HOA flag restrictions.
Contact your local code enforcement office for specific penalty information.
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