|Article IArticle II||Article IArticle II|
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.
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; andWHEREAS, 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
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.
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.
Section 1. The Association shall have two (2) classes of voting membership.
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.
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:
(a) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership, or
(b) Three (3) years from the date of recordation hereof.
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.
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.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.
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
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
charges, and (2) special assessments for capital improvements, such
assessments to be established and collected as hereinafter
The annual and special assessments, together with interest, costs
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
Declarant hereby covenants and agrees to maintain the
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.
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.
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.
4. Special Assessments for Capital Improvements. In addition to
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
Section 5. Notice and Quorum for Any Action Authorized
Undersections 3 and 4.
Written notice of any meeting called for the purpose of taking
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
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
(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
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
be sent to every owner subject thereto. The due dates
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.
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
personally obligated to pay the same, or foreclose the lien against the
property. No owner may waive or otherwise escape liability for
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
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
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
- (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
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
party wall and liability for property damage
due to negligence of willful acts or omissions shall
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.
building, fence, wall or other structure shall be commenced,
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:
TERM OF OFFICE
the term of each member of the Architectural Control Committee shall be
for a period of three (3) years.
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
PROTECTIVE COVENANTS AND RESTRICTIONS
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
area shown on the attached plat shall be subject to the following
protective covenants and restrictions hereinafter referred to as the
1. No building, structure, alteration, addition or improvement
affecting the external appearance of a building or structure
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
and no lot shall be graded except in accord with such approved plan or
a modification thereof similarly approved.
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.
3. No fence, wall, tree, hedge or shrub planting shall be maintained in
such manner as to obstruct sight lines for vehicular traffic.
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.
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
lighting shall be directed outside the boundaries of a lot or other
parcel of The Properties.
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.
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
Section 7. No exterior clothesline or clothes hanging device shall
be allowed on any lot.
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
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
10. The Association shall have the right (if after twenty (20)
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.
11. No exterior antenna for the transmission or reception of
television signals shall be erected or permitted on any building or Lot
or other parcel of The Properties.
12. No Lot shall be used or maintained as a dumping ground for
rubbish. Trash, garbage or other waste shall not be kept except
sanitary containers. All incinerators or other equipment for the
storage or disposal of such materials shall be kept in a clean
sanitary condition. No material or refuse or any container for
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
and garbage shall be placed in covered trash. cans
in the trash area provided. The Association shall have the right
impound any trash can or garbage receptacle which is placed in
violation of this paragraph and to enter onto any Lot for this purpose.
13. No commercial truck, commercial bus or other commercial
any kind shall be permitted to be kept or parked overnight upon any
portion of The Properties.
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
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.
15. No baby carriages, bicycles or other articles of personal
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.
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.
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
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.
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,
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
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,
amendment of this Declaration of Covenants. Conditions and
WESTMOR ASSOCIATES, INC.
/S/ Ellis Brown
WILLIAM H. HANSBARGER, TRUSTEE /S/ William
H. Hansbarger(back to top)
AMENDMENT TO COVENANTS, CONDITIONS
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:
paragraph (c) of Article VI, Section 3 which reads;
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
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.
name of the corporation is Chesterfield Mews Community Association,
hereinafter referred to as the “Association.” The principal
the corporation shall be located at 3142 Eakin Park Court,
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.
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.
3. “Common Area” shall mean all real property owned by the Association
for the common use and enjoyment of the owners.
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
entities who hold an interest in any Lot merely as security for the
performances of an obligation. The term “Owner” shall not include
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
a Public Purchaser.
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.
7. “Declaration” shall mean and refer to the Declaration of
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.
9. “Public Purchaser” shall mean any person or other legal entity who
becomes an Owner of any Lot within Chesterfield Mews.
Section 1. Annual Meetings
The first annual meeting of the members shall be held within one
from the date of incorporation of the Association, and each subsequent
regular annual meeting of the members shall be held within thirty
days of the end of the fiscal year. If the day for the annual
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
Section 2. Special Meeting
Special meeting of the members may be called at any time
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
or at the direction of, the secretary or person authorized to call the
meeting, by mailing a copy of each notice, postage prepaid, at
fifteen (15) days before such meeting to each member entitled to vote
thereat, addressed to the member’s address last appearing
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,
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
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
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
Every proxy shall be revocable and shall automatically cease upon
conveyance by the member of his Lots.
Section 1. Number
The affairs of this Association shall be managed by a
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)
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
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
by a majority vote of the members of the Association. In the
death, resignation or removal of a director, his successor shall
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
render to the Association. However, any director may be
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
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
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
the annual meeting subject to procedural rules adopted by the
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
Chairman, who shall be a member of the Board of Directors,
and two or
more members of the Association. The Nominating Committee shall
appointed by the Board of Directors prior to each annual
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
determine, but not less than the number of vacancies that are to be
filled. Such nominations may be made from among members or
Section 2. Election
Election to the Board of Directors shall be by secret
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
largest number of votes shall be elected. Cumulative voting is
Section 1. Regular Meetings
Regular meetings of the Board of Directors shall be held
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
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
the transaction of business. Every act or decision done or made
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.
Section 1. Powers – The Board of Directors shall have
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
B. Suspend the voting right and right to use of the
facilities of a member during any period in which such member
in default in the payment of any assessment levied by the Association.
Such rights may also be suspended after notice and hearing, for
period not to exceed thirty (30) days, for infractions of published
rules and regulations.
C. Exercise for the Association all powers, duties and
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
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
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
(1) Fix the amount of the annual assessment against each Lot at
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
at law against the owner personally obligated to pay the same.
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
G. Cause the Common Area to be
Approve an annual budget.(back to top)
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
shall preside at all meetings of the Board of Directors; shall
see that orders and resolutions of the Board are carried out;
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.
shall make appointments of Committee Chairmen of all
VICE-PRESIDENT shall act in the place and instead of the president in
the even of his absence, inability or refusal to act, and
exercise and discharge such other duties as may be required
of him by the Board.
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
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.(back to top)
The Association shall appoint a Nomimating Committee, as
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
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
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
be delinquent. If the assessment is not paid within thirty (30)
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.
Association shall have a seal in circular form having within its
circumference the words “Chesterfield Mews Community Association.”
1. These By-Laws may be amended at a regular or special meeting
the members, by a ___________ vote of a majority of a quorum of members
present or by proxy.
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
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.
WITNESS WHEREOF, we being all the Directors of Chesterfield Mews
Community Association have hereunto set our hands this 4th day of
/S/ Aaron Tomares
/S/ Robert Stein
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.)