DECLARATION
OF
COVENANTS. CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made this 18th day of July 1975, by WESTMOR ASSOCIATES, INC., a Virginia corporation, hereinafter referred to as Declarant, and WILLIAM H. HANSBARGER and CHARLES L. SHUMATE, Trustees, hereinafter collectively referred to as Trustee.
**** WITNESSETH ****
WHEREAS, the Declarant is the owner of certain property located in the County of Fairfax, Virginia, containing 26.19010 acres, which is more particularly described by reference to the metes and bounds description and the plat of subdivision attached to the Deed of Dedication and Subdivision of which this Declaration is a part; and
WHEREAS, Declarant will convey the said properties subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth; and
WHEREAS, the Trustee is the trustee on a certain Deed of Trust encumbering the said property, which Deed of Trust is recorded in Deed Book 4215 at page 14, among the land records of Fairfax County, Virginia, securing the repayment of certain indebtedness specified therein to E. Maurice Kupersmidt, Jack Diener, Monte T. Manton, Milton Diener, and Walter Diener.
NOW, THEREFORE, Declarant, with the consent and joinder of the Trustee, hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefit of each owner thereof.
Covenants, Conditions and Restrictions
(back to top)DEFINITION
Section 1. "Association" shall mean and refer to Chesterfield Mews Community Association, its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain real property herein before described in the Deed of Dedication recorded immediately prior hereto, and such other townhouse additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 3. "Common Area" shall mean property owned by the Association for the common use and enjoyment of the members of the Association.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
Section 5. Member" shall mean and refer to every person or entity who holds membership in the Association.
Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the properties including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section
7. "Declarant" shall mean and refer to Westmor Associates, Inc.,
a
Virginia corporation, its successors and assigns if such successors or
assigns should acquire more than one undeveloped Lot from the Declarant
for the purpose of development.
ANNEXATION OF OTHER ADDITIONAL PROPERTIES
Section 1. Annexation of other additional property not provided for herein shall require the assent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class B members, if any, at a meeting called for the purpose, written notice of which shall be sent to all members not less than ten (10) days nor more than fifty (50) days in advance of the meeting, setting forth the purpose of the meeting. The presence of members or of proxies entitled to cast sixty-seven percent (67%) of the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than fifty (50) days following the preceding meeting. In the event that two-thirds (2/3) of the Class A membership or two-thirds (2/3) of the Class B membership are not present in person or by proxy, members not present may give their written assent to the action taken thereat.
Section
2. If within five (5) years of the date of incorporation of this
Association, the Declarant should develop additional lands within
the
area described in Deed Book 4215 at page 14, of the land records of
Fairfax County, Virginia, such additional lands may be annexed to said
Properties without the assent of the Class A members; provided,
however, that the development of the additional lands
described in
this section shall be in accordance with a general plan
submitted to
the Federal Housing Administration and the Veterans Administration with
the processing papers for the first section, if such
agencies shall
be involved, and otherwise in accordance with the preliminary plan
heretofore submitted to Fairfax County, Virginia. Detailed plans
for
the development of additional lands must be submitted to the Federal
Housing Administration and the Veterans Administration prior to
such
development, if such agencies shall be involved. If either the Federal
Housing Administration or the Veterans Administration determines that
such detailed plans are not in accordance with the general plan on file
and either agency so advises the Association and the Declarant, the
development of the additional lands must have the assent of two-thirds
(2/3) of the Class A members who are voting in person or by proxy at a
meeting duly called for this purpose, written notice of which shall be
sent to all members not less than ten (10) days or more than
fifty
(50) days in advance of the meeting setting forth the purpose of the
meeting. At this meeting the presence of members or of proxies
entitled to cast sixty-seven percent (67%) of all of the votes of the
Class A membership shall constitute a quorum. If the required
quorum
is not forthcoming at any meeting, another meeting may be called,
subject to the notice requirement set forth above, and the required
quorum at any such subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent
meeting
shall be held more than sixty (60) days following the
preceding
meeting.
MEMBERSHIP
Every
person or entity who is a record owner of a fee or undivided fee
interest in any Lot which is subject by covenants of record to
assessment by the Association, including contract sellers, shall be a
members of the Association. The foregoing is not intended to
include
persons or entities who hold an interest merely as security for the
performance of an obligation. No Owner shall have
more than one
(1) membership. Membership shall be appurtenant to and may
not be
separated from ownership of any Lot which is subject to assessments by
the Association. Ownership of such Lot shall be the sole qualification
for membership.
VOTING RIGHTS
Section 1. The Association shall have two (2) classes of voting membership.
Class A. Class A members shall be all those Owners as defined in Article III with the exception of the Declarant. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article III. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B member shall be the Declarant. The Class B member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by Article III, provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:Section 2. Upon annexation by the Declarant of additional properties pursuant to Article II, Section 2, and in the event that Class B membership shall have ceased as hereinabove provided. Class B membership shall be revived with respect to the Lots so annexed, provided that the Class B membership for these annexed lots shall cease and be converted to Class A membership on the happening of the following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class A membership in the annexed property equals the total votes outstanding in the Class B membership in same property, or
<> (b) Four (4) years from the date of recordation of the Deed of Dedication for such annexed property.Section 1. Members' Easement of Enjoyment. Every member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions:
(a) The rights of the Association to limit the number of guests of members.
(b) The rights of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area.
(c) The rights of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, and the rights of such mortgagee in said properties shall be subordinate to the rights of the homeowners hereunder; the mortgaging of the Common Area should only be permitted with the assent of two-thirds (2/3) of each class of members;
(d)
The rights of the Association to suspend the voting rights and right to
use of the recreational facilities by a member for any period during
which any assessment against his Lot remains unpaid; and for a period
not to exceed thirty (30) days for any infraction of its published
rules and regulations.
(e) The rights of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication of transfer shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of the Class A membership and two-thirds of the Class B membership, if any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor more than sixty (60) days in advance; and
(f) The right of the individual owners to the exclusive use of parking spaces as provided in this Article.
Section 2. Delegation of Use. Any member may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
Section 3. Title to the Common Area. The Declarant hereby covenants for itself, its heirs and assigns, that it will convey fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens, prior to the conveyance of the first lot.
Section 4. Parking Rights.
Ownership of each Lot shall entitle the owner or owners thereof to the
use of not more than two (2) automobile parking spaces, which shall be
as near and convenient to said Lot as reasonably possible, together
with the right of ingress and egress in and upon said parking areas.
The Association shall have the right to permanently assign one (1)
vehicular parking space for each dwelling.
Section 1. Creation
of the Lien and Personal Obligation of Assessments.
The Declarant, for each Lot owned within the Properties, hereby
covenants, and each Owner of any Lot by acceptance of a deed therefore,
whether or not it shall be expressed in such deed, is deemed to
covenant and agree to pay to the Association (1) annual
assessments or
charges, and (2) special assessments for capital improvements, such
assessments to be established and collected as hereinafter
provided.
The annual and special assessments, together with interest, costs
and
reasonable attorney's fees, shall be a charge on the land and shall be
a continuing lien upon the property against which each assessment is
made. Each such assessment, together with interest, costs and
reasonable attorney's fees, shall also be the personal obligation of
the person who was the Owner of such property at the time when the
assessment fell due. The personal obligation for delinquent
assessments shall not pass to his successors in title unless expressly
assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, and of the homes situated upon the Properties.
Section 3. Basis and Maximum of Annual Assessments.
Until January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual assessment shall be Fifteen
Dollars ($15.00) per month for Class A members, and twenty-five percent
(25%) of the Class A members' assessment per month for Class B members.
In consideration of Declarant's exemption from a full
assessment.
Declarant hereby covenants and agrees to maintain the
Common Area,
without cost to the Association for one (1) year from the date of
conveyance of the first Lot to an Owner, or until the Declarant has
conveyed -seventy-five percent (75%) of said Lots to Owners, whichever
occurs first. Said maintenance shall, apply upon subsequent
annexation pursuant to Section 2, Article II, with respect to the
Common Area contained in the property so annexed, which maintenance
shall end one (1) year from the date of conveyance of the first Lot in
such annexed property to an Owner, or until the Declarant has conveyed
seventy-five percent (75%) of the Lots contained in such annexed
property to Owners, whichever occurs first.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased effective January I of each year without a vote of the membership in conformance with the percentage rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D.C.) for the preceding month of October.
(b) From and after January I of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above that specified in (a) above only by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Consumer Price Index (United State City Average) for the month of March 1975 is __________, which shall serve as the base rating. To determine the "percentage rise" to be applied to the maximum annual assessment for each subsequent year, divide this base rating into the numerical rating established by the Consumer Price Index for the month of July preceding the proposed assessment year. If in excess of one hundred (100) percentum, multiply by the original maximum annual assessment for the subsequent year.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized
Undersections 3 and 4.
Written notice of any meeting called for the purpose of taking
any
action authorized under Section 3 or 4 shall be sent to all members not
less than thirty (30) days nor more than sixty (60) days in advance of
the meeting. At the first such meeting called, the presence of members
or of proxies entitled to cast sixty percent (60%) of all the votes of
each class of membership shall constitute a quorum. If the
required
quorum is not present another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent meeting
shall be one-half (1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than
sixty
(60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and maybe collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments. DUE DATES. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 8. Effect of Nonpayment of Assessments.
Remedies of the Association.
Any
assessment not paid within thirty (30) days after the due date shall
bear interest from the due date at the rate of six percent (6%) per
annum. The Association may bring an action at law against the
Owner
personally obligated to pay the same, or foreclose the lien against the
property. No owner may waive or otherwise escape liability for
the
assessments provided herein by nonuse of the Common Area or abandonment
of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 10. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments herein:
(a) All properties dedicated to an accepted by a local public authority;
(b) The Common Area; and
(c)
All properties owned by a charitable or nonprofit organization
exempt
from taxation by the laws of the Commonwealth of Virginia, provided
that no land or improvements devoted to dwelling use shall be exempt
from said assessments.
Section II. Dissolution of Association.
In the event of the dissolution of the Association in accordance with
the terms of its Articles of Incorporation, each Lot shall continue to
be subject to the annual assessment specified in Section I of Article
VI hereof, and each Owner shall continue to be personally obligated for
such assessment, to the extent that such assessments are required to
enable the grantee of the real property owned by the Association to
properly maintain it. In no event, however, shall the assessment
exceed the amount that would otherwise be payable to the Association to
properly maintain it. In no event, however, shall the assessment
exceed the amount that would otherwise by payable to the Association in
accordance with the provisions of Section 3 of Article VI hereof.
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the properties placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party wall and liability for property damage due to negligence of willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
Section 4. Weatherproofing. Nothwithstanding any other provisions of this Article, any Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing this necessary protection against such elements.
Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.
Section 6. Arbitration.
In the event of any dispute arising concerning a party wall, or under
the provisions of this Article, each party shall choose one arbitrator,
and such arbitrators shall choose one additional arbitrator and the
decision shall be a majority of all arbitrators.
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Comnittee composed of three (3) representatives appointed by the Board of Directors. In the event said committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. The initial members of the Architectural Control Committee and their terms of office shall be as follows:
EXPIRATION OF
MEMBER
TERM OF OFFICE
Thereafter
the term of each member of the Architectural Control Committee shall be
for a period of three (3) years.
In
the event that the need for maintenance or repair is caused through the
willful or negligent act of the Owner, his family, or guests, or
invitees, at its option and sole discretion the Association may perform
the maintenance or repair, and the cost of such maintenance or repairs
shall be added to and become a part of the assessment to which such Lot
is subject.
PROTECTIVE COVENANTS AND RESTRICTIONS
In order to conserve the natural beauty of the subdivided property, to insure its best use and most appropriate development and to prevent the erection of poorly designed or constructed improvements, the entire area shown on the attached plat shall be subject to the following protective covenants and restrictions hereinafter referred to as the General Covenants.
Section 1. No building, structure, alteration, addition or improvement affecting the external appearance of a building or structure shall be constructed upon a portion of The Properties unless and until a plan of such construction shall have been approved by the Architectural Control Committee of said Association as to quality of workmanship and materials, harmony of external design with surrounding structures, location with respect to topography and finished grade elevation, the effect of the construction on the outlook from surrounding property and all other factors which will in their opinion affect the desirability or suitability of the construction. No construction shall be commenced and no lot shall be graded except in accord with such approved plan or a modification thereof similarly approved.
Section 2. No lot shall be used except for residential purposes, or for professional offices, or for a builder's construction or sales office during the construction and sales period.
Section 3. No fence, wall, tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic. Except as may be required to comply with the prior sentence, no tree of a diameter of more than four inches measured two feet above ground level, lying without the approved building driveway and parking areas, shall be removed without the approval of the Architectural Control Committee.
Section 4. No noxious or offensive activity shall be carried on upon any portion of The Properties, nor shall anything be done thereon that may be or become a nuisance or annoyance to the neighborhood. No exterior lighting shall be directed outside the boundaries of a lot or other parcel of The Properties.
Section 5. Easements for the installation and maintenance of underground utilities, supply and transmission lines, and drainage facilities are reserved to the Declarant through all areas shown on the deed or dedication plat, whether Within the boundaries of residential Lots or in Common Properties. Such easements shall include the right of ingress and egress, provided that any damage resulting from the installation, maintenance or repair of an underground utility, supply or transmission line, or drainage facility shall be promptly repaired or replaced at the expense of the corporation or authority which directed the entry.
Section 6. No fence or wall of any kind shall be erected, begun or permitted to remain upon any portion of The Properties unless shown on the deed of dedication plat or unless approved by the Architectural Control Committee.
Section 7. No exterior clothesline or clothes hanging device shall be allowed on any lot.
Section 8. No sign of any kind larger than one-foot-square shall be displayed to the public view on any Lot, except temporary signs of not more than four square feet advertising the said Lot for sale or rent and except for temporary signs erected by the Declarant in connection with the construction, lease or sale of buildings and lots or other parcels of The Properties.
Section 9. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, provided that they are not raised, bred or kept for any commercial purpose.
Section 10. The Association shall have the right (if after twenty (20) days' notice to the Owner of the Lot or Lots involved, setting for the action intended to be taken, such action has not been taken by the Owner) to trim or prune, at the expense of the Owner, any hedge or other planting that in the opinion of the Architectural Control Committee, by reason of its location or the height to which or the manner in which it is permitted to grow, is detrimental to adjoining property or is unattractive in appearance. The Association shall further have the right, upon like notice and conditions, to care for any vacant or unimproved Lot, and to remove grass, weeds, and rubbish therefrom and do any and all things necessary or desirable in the opinion of the Architectural Control Committee to keep such Lot in neat and good order and at the cost and expense of the Owner.
Section 11. No exterior antenna for the transmission or reception of radio or television signals shall be erected or permitted on any building or Lot or other parcel of The Properties.
Section 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No material or refuse or any container for the same shall be placed or stored in the front of any house, or on the patio or stoop at any time, except in enclosed rear yard. All trash and garbage shall be placed in covered trash.cans in the trash area provided. The Association shall have the right to impound any trash can or garbage receptacle which is placed in violation of this paragraph and to enter onto any Lot for this purpose.
Section 13. No commercial truck, commercial bus or other commercial vehicle of any kind shall be permitted to be kept or parked overnight upon any portion of The Properties.
Section 14. No portion of The Properties shall be used for the repair of automobiles nor shall any vehicles other than a private automobile be parked in any of the parking spaces maintained by the Association. After ten (10) day's written notice to the Owner of any vehicle parked in violation of this covenant, the Association may remove such vehicle at the expense of the Owner thereof.
Section 15. No baby carriages, bicycles or other articles of personal property shall be deposited, allowed or permitted to remain on any Lot except in the enclosed rear area. The Association may impound such articles and make a charge for their return.
The
Declarant hereby grants to members of the Association in good standing
and their agents and employees an easement upon and across any Lot
adjacent to a Lot owned by said member for the purpose of temporary
support of ladders during cleaning, painting and maintenance operations
on said member's Lot, and an easement over and across all walkways and
sidewalks not dedicated to public use.
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by and proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or by the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from- the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five (75%) percent of the Lot Owners. Any amendment must be properly recorded.
Section 4. FHA/VA Approval. As long as there is a Class B membership, the following actions will require prior approval of the Federal Housing Administration or the Veterans Administration, if either of those agencies is involved: Annexation of additional properties, dedication of Common Areas, and amendment of this Declaration of Covenants. Conditions and Restrictions.
WESTMOR ASSOCIATES, INC.
/S/ secretary /S/ Ellis Brown
By:
WILLIAM H. HANSBARGER, TRUSTEE /S/ William H. Hansbarger
AMENDMENT TO COVENANTS, CONDITIONS AND RESTRICTIONS
At the Annual Meeting held at Fairfax High School on May 17, 1989, members of the Chesterfield Mews Community Association amended the Covenants, Conditions and Restriction as follows:
Delete paragraph (c) of Article VI, Section 3 which reads;
"The
Consumer Price Index (United State City Average) for the month of March
1975 is ___________, which shall serve as the base rating. To
determine the "percentage rise" to be applied to the maximum annual
assessment for each subsequent year, divide this base rating into
the
numerical rating established by the Consumer Price Index for the month
of July preceding the proposed assessment year. If in
excess of one
hundred (100) percentum, multiply by the original maximum annual
assessment for the subsequent year.
BY-LAWS
The
name of the corporation is Chesterfield Mews Community Association,
hereinafter referred to as the "Association." The principal
office of
the corporation shall be located at 3142 Eakin Park Court,
Fairfax,
Virginia 22031, but meetings of members and directors may be held at
such places within the State of Virginia as may be designated by the
Board of Directors.
Section 1. "Association" shall mean and refer to Chesterfield Mews Community Association, its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereinafter be brought within the jurisdiction of the Association.
Section 3. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of equitable or beneficial title (or legal title if same has merged) of any Lot. The foregoing does not include persons or entities who hold an interest in any Lot merely as security for the performances of an obligation. The term "Owner" shall not include a Developer, who for this Declaration shall be defined as a builder, contractor, investor or other person or entity who purchases a Lot in Chesterfield Mews for the purposes of resale to a Public Purchaser, or for the purposes of construction of improvements thereon for resale to a Public Purchaser.
Section 6. "Declarant" shall mean and refer to Marshall Racoosin and Ellis Barren, Trustees, their successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties recorded in the Office of the Clerk of the Court, Fairfax County, Virginia.
Section 8. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration.
Section
9. "Public Purchaser" shall mean any person or other legal entity who
becomes an Owner of any Lot within Chesterfield Mews.
ARTICLE III - Meetings of Members
Section 1. Annual Meetings
The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held within thirty (30) days of the end of the fiscal year. If the day for the annual meeting of the members is a legal holiday, or if the annual meeting is canceled due to weather or some other uncontrolled circumstance, the meeting will be held at the same hour within fourteen (14) days following.
Section 2. Special Meeting
Special meeting of the members may be called at any time by the president or by the Board of Directors, or upon written request of the non-DecI arant members who are entitled to vote one-fourth (1/4) of all the votes outstanding in non-Declarant memberships.
Section 3. Notice of Meetings
Written notice of each meeting of the inembers shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of each notice, postage prepaid, at least fifteen (15) days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
Section 4. Quorum
The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented.
Section 5. Proxies
At all meetings of members, each member may vote in
person or by
proxy. All proxies shall be in writing and filed with the
secretary.
Every proxy shall be revocable and shall automatically cease upon
conveyance by the member of his Lots.
ARTICLE IV - Board of Directors, Selection and Term of Office
Section 1. Number
The affairs of this Association shall be managed by a Board of Directors not to exceed nine (9) in number, but not less than three (3) directors, who need not be members of the Association. The Board shall determine the initial number of Board members; however, upon cessation of the Declarant's class of membership as more fully defined in the Declaration, the Members of the Association shall determine the number of Board members.
Section 2. Term of Office
The Board of Directors shall be divided into three (3) classes of membership as near equal in number as possible, with the term of office of one class expiring each year. At the first annual meeting of members, directors of the first class shall be elected for three (3) years, and the members of the second class shall be elected for two (2) years, and the members of the third class shall be elected for one (1) year. Thereafter, at each annual meeting of the members, the successors to the class of Directors whose terms shall expire shall then be elected for a term of three (3) years. When the aggregate number of directors is changed, any increase or decrease shall be so apportioned among the classes so as to make all classes as nearly equal in number as may be possible. No decrease in the aggregate number of directors shall shorten the term of any incumbent director.
Section 3. Removal
Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
Section 4. Compensation
No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in performance of his duties.
Section 5. Action Taken Without a Meeting
The directors shall have the right to take any action in
the
absence of a meeting which they could take at a meeting by obtaining
the written approval of all the directors. Any action so approved
shall have the same effect as though taken at a meeting of the
directors.
ARTICLE V - Nomination and Election of Directors
Section 1. Nomination
Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting subject to procedural rules adopted by the Board. Such rules shall not be established so as to exclude any member desiring to be a candidate or desiring to submit the name of a candidate from doing so. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall, in its discretion, determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or nonmembers.
Section 2. Election
Election to the Board of Directors shall be by secret
written
ballot. At such election the members or their proxies may cast, in
respect to each vacancy, as many votes as they are entitled to exercise
under the provisions of the Declaration. The persons receiving
the
largest number of votes shall be elected. Cumulative voting is
not
permitted.
ARTICLE VI - Meetings of Directors
Section 1. Regular Meetings
Regular meetings of the Board of Directors shall be held monthly without notices, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. Special Meetings
Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.
Section 3. Quorum
A majority of the number of directors shall constitute a
quorum for
the transaction of business. Every act or decision done or made
by a
majority of the directors present at a duly held meeting at which a
quorum is present shall be regarded as the act of the Board.
ARTICLE VII - Powers and Duties of the Board of Directors
Section 1. Powers - The Board of Directors shall have power to:
A. Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof.
B. Suspend the voting right and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed thirty (30) days, for infractions of published rules and regulations.
C. Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration.
D. Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors.
E. Employ a manager, an independent contractor, or such other employees as they might deem necessary, and to prescribe their duties.
Section 2. Duties
It shall be the duty of the Board of Directors to:
A. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (¼) of the Class A members who are entitled to vote.
B. Supervise all officers, agents and employees of this Association, and to see that their duties are properly perfonned.
C. As more fully provided in the Declaration, to:
(1) Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;
(2) Send written notice of each assessment to every Owner subject thereto at least thirty (30) days after due date or bring an action at law against the owner personally obligated to pay the same.
D. Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board of Directors for the issuance of such certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.
E. Procure and maintain adequate liability and hazard insurance on property owned by the Association.
F. Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate.
G. Cause the Common Area to be maintained.
H.
Approve an annual budget.
ARTICLE VIII – Officers and Their Duties
Section 1. Enumeration of Officers
The officers of
this Association shall be a president and vice-president, who shall at
all times be members of the Board of
Directors, a secretary and a treasurer, and such
other officers as the Board of Directors may from
time to time by resolution create.
Section 2. Election of Officers
The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.
Section 3. Term
The officers of this Association shall be elected annually by the Board of Directors and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise be disqualified to serve.
Section 4. Special Appointments
The Board may elect such other officers as the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal
Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time, giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies
A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
Section 7. MultipleOffices
The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties
The duties of the officers are as follows:
A. PRESIDENT shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments; and shall co-sign all promissory notes and checks from such accounts as the Board may from time to time determine. He shall make appointments of Committee Chairmen of all Standing Committees.
B. VICE-PRESIDENT shall act in the place and instead of the president in the even of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
C. SECRETARY shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses; and shall perform such other duties as required by the Board.
D. TREASURER
shall receive and deposit in appropriate bank accounts all monies of
the Association and shall cause the disbursement of such
funds as directed by resolution of the Board of
Directors, shall co-sign all promissory notes and checks
from such accounts as the Board may from time to time determine; keep
proper books of account; cause an annual audit of the Association
books to be made by a public accountant at the completion
of each fiscal year; and shall be the chief officer responsible
for the preparation of the annual budget and a statement
of income and expenditures to be represented to the
membership at its regular annual meeting, and deliver a copy
of each to the members.
The Association shall appoint a Nomimating Committee, as
provided in
these By-Laws. In addition, the Board of Directors shall appoint other
conmittees as deemed appropriate in carrying out its purpose.
The books, records and papers of the Association shall at all
time,
during reasonable business hours, be subject to inspection by any
member. The Declaration, the Articles of Incorporation and the By-Laws
of the Association shall be available for inspection by any member at
the principal office of the Association, where copies may be purchased
at reasonable cost.
As more fully provided in the Declaration, each member is
obligated
to pay to the Association annual and special assessments which are
secured by a continuing lien upon the property against which the
assessment is made. Any assessments which are not paid when due
shall
be delinquent. If the assessment is not paid within thirty (30)
days
after the due date, the assessment shall bear interest from the date of
delinquency at the rate of six percent (6%) per annum, and the
Association may bring an action at law against the Owner personally
obligated to pay the same or foreclose the lien against the property,
and interest, costs and reasonable attorney's fees of any such action
shall be added to the amount of such assessment. No Owner may waive or
otherwise escape liability for the assessments provided for herein by
nonuse of the Common Area or abandonment of his Lot.
The
Association shall have a seal in circular form having within its
circumference the words "Chesterfield Mews Community Association."
Section 1. These By-Laws may be amended at a regular or special meeting of the members, by a ___________ vote of a majority of a quorum of members present or by proxy.
Section 2.
In the case of any conflict between the Articles of Incorporation and
these By-Laws, the Articles shall control, and in the case of any
conflict between the Declaration and these By-Laws, the Declaration
shall control.
The fiscal year of the Association shall begin on the first day of May and end on the 30th day of April of every year, except that the first fiscal year shall begin on the date of incorporation.
IN WITNESS WHEREOF, we being all the Directors of Chesterfield Mews Community Association have hereunto set our hands this 4th day of August 1975.
/S/ Ellis Barren
/S/ Aaron Tomares
/S/ Robert Stein
AMENDED ANNUAL MEETING OF JANUARY 19, 1984 (Article III, Section 1 changing annual meeting date, and Article XIV, correcting fiscal year dates).
AMENDED on 22 September, 1987. (Article I changing the
mailing address of Association.)