HomeMy WebLinkAboutSUB201800131 Agreements Easement Plat 2018-10-20 (3) Andy Herrick
From: Andy Herrick
Sent: Saturday, October 20, 2018 9:44 PM
To: ,-1.04t10140.11:,''xF Patricia Saternye
Cc: Tori Kanellopoulos
Subject: SUB201800131 Open Space B1
Pittv,
You had asked whether the proposed Open Space B1 on SUB201800131 required a supplemental
declaration or other instrument. I agree that either a Supplemental Declaration or a deed of Open Space B1 to
the Owners Association will be needed to ensure perpetual maintenance by the Association.
Article IV, Section 5 of the existing Covenants (DB 4712/104) obligates the Association to maintain the
Grounds, once improved. Article I, Section 11 in turn obligates the Association to accept any Common Area
conveyed to it. However, the proposed plat does not appear to expressly convey Open Space B1 to the
Association. That conveyance needs to expressly happen either by deed or a Supplemental Declaration.
Thanks for checking.
Andy Herrick
Sr. Asst. County Attorney
Notice:This email may contain attorney-client privileged information,privileged work product,or other confidential information.It is intended only for the designated
recipient.If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by
mistake.Thank you.
1
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Date: October 05,2018
Andy Herrick
County Attorney's Office
401 McIntire Road
Charlottesville,VA 22902
Regarding:
Project Name: SUB201800131 Cascadia Lots 215-222 &Opens Space B Easement Plat&LOR#1
for SDP201400075—Cascadia Blocks 1-3 —Final Site Plan
Date Submitted: 9-7-18
Dear Mr. Herrick:
The applicant has submitted a previously recorded declaration of covenants and plat for the above
named project.
In the attached plat they are creating a new Open Space B1 (see highlighted area). The applicant has stated
that inclusion of this open space into the declarations,and the perpetual maintenance by the HOA would
be automatic,and no other legal document would be required. However,my interpretation is that a
supplemental agreement attached to the proposed plat is what is required to include this open space in the
maintenance by the HOA. Could you please let me know if I need to require a supplemental agreement to
be drafted and submitted for review or if it is not required in the way the original declaration was worded,
as the applicant states.
Please note I will be handing off the review of the two projects listed above to Tori Kanellopoulos.
Therefore,when you respond please include both of us.
At your earliest convenience,please review these documents and the attached plat for the division. Should
you have any questions or comments please feel free to contact me.
Sincerely.,
Paty S ternye, S Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville,VA 22902
psaternye@albemarle.org
(434)296-5832,phone ex.3250
1
Instrument Control Number 6
Commonwealth of Virginia
RIFIIIIIRRFell
Land Record instruments
:encoRr.dezdu:n 01/05/20116at10e29�i9 AM
Cover Sheet - Form A e Amt; $146.00 Pape 1 of 29
bemarle County, VA
Ciruit Clerk
49
[ILS VLR Cover Sheet Agent 1.0.66] File# 2016-00000056
_ $K4712 PG1Q4-152
T C Date of Instrument: [12/31/2015 ]
A 0Instrument Type: [DEC-PL j
X R
P
E Number of Parcels [ 11
X Number of Pages
E [ 47]
M City County [Albemarle County ] (Box for Deed Stamp Only)
P
First and Second grantors
� Last Name First Name Middle Name or Initial Suffix
[Cascadia Development ][ ][ ][ ]
Li ❑ [Towne District LLC ][ ][ ][ ]
First and Second?rantees
Last Name First Name Middle Name or Initial Suffix
El ❑
[Cascadia Development ][ ][ ][ J
❑ C [ l[ ][ ][ ]
Grantee Address (Name) [Cascadia Development, LLC ]
(Address 1) [195 Riverbend Drive ]
(Address 2) [ J
(City,State,Zip) [Charlottesville ] [VA ] [22911 ]
Consideration[0.00 j Existing Debt[0.00 J Assumption Balance [0.00 J
t _
Prior Instr. Recorded at:City — County [ ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No(PIN) [TMPs 06200 00 00 02500 and 078 00 00 05900 and 078E0 00 OD ]
Tax Map Num. (if different than PIN) [TMPs 06200 00 00 02500 and 078 00 00 05900 and 078E0 00 00 3
Short Property Description [Declaration and Subdivision Plat for Cascadia Phase 1 Blocks 4 thr]
[ ]
Current Property Address (Address 1) [Cascadia Subdivision ]
(Address 2) [ ]
(City,State,Zip) [Charlottesville ][VA ][22911 ]
Instrument Prepared by [Lois A Haverstrom ]
Recording Paid for by [Southern Development Group Inc ]
Return Recording to (Name) [Lois A. Haverstrom j
(Address 1) [170 South Pantops Drive J
(Address 2) [ ]
(City,State,Zip) [Charlottesville ][VA ][22911 ]
Customer Case ID [ ] [ ][ ]
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Albemarle County Tax Map Parcels:06200-00-00-02500,07800-00-00-05900,07810-00-00-OOH1
Prepared by: Lois A.Haverstrom(VSB#43712)
Return to:170 South Pantops Drive,Charlottesville,VA,22911
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR CASCADIA SUBDIVISION,ALBEMARLE COUNTY,VIRGINIA
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, is made this 4th day of
December, 2015, by Cascadia Development, LLC, a Virginia limited liability company, its successors or
assigns, and, Towne District, LLC, a Virginia limited liability company, its successors or assigns
(hereinafter referred to as"Declarant" whether one or more).
RECITALS
WHEREAS, the Declarant is the owner of the real property as described in Exhibit A, attached
hereto and incorporated herein by reference(the "Property").
WHEREAS, the Declarant intends by this Declaration to impose upon the Property certain
restrictions under a general plan of improvement for the benefit of all owners of real property within
the Property, and, to establish a method for the administration, maintenance, preservation, use and
enjoyment of such Property as is now,or shall hereinafter be,subject to this Declaration.
DECLARATIONS
hall be held, sold, and conveyesu.fe o e following easements, restrictions, covenants,
and conditions, which are for the purpose of protecting the integrity and desirability of the Property,
which shall run with the Property subject to this Declaration, and, which shall be binding on all parties
having any right, title, or interest in the described Property, or any part thereof, their heirs, successors,
successors-in-title and/or assigns, and shall inure to the benefit of each owner hereof. The recitals are
incorporated herein and made a part hereof by reference.
ARTICLE I
DEFINITIONS
Section 1. "Area of Common Responsibility" shall mean and refer to the Common Area, together
with those other areas of responsibility, if any, which by the terms of this Declaration, Supplemental
Declarations, or, other applicable covenants, or by contract or agreement, become the responsibility of
the Association, including but not limited to, the responsibility for maintenance, repair, and/or
replacement.
Section 2. "Articles of Incorporation" or "Articles" shall mean and refer to the Articles of
Incorporation of Cascadia Property Owners Association, Inc. (the "POA" or "Association"), as filed with
Page 1 of 41
}
the Secretary of the Virginia State Corporation Commission. The name of the POA may be changed to
reflect name availability with the Virginia State Corporation Commission.
Section 3. "Association" shall mean and refer to the Cascadia Property Owners Association, Inc.
(the "POA" or"Association"). The name of the POA may be changed to reflect name availability with the
Virginia State Corporation Commission.
Section 4. "Base Assessment"shall mean and refer to assessments levied equally against all Class A
Members of Lots in the Property to fund Common Expenses. Base Assessments, Reserve Assessments
and other fees are further defined and described in this Declaration under Article X.
Section 5. "Board of Directors" or "Board" shall mean and refer to the appointed or elected body
of the Association having its normal meaning under Virginia corporate law.
Section 6. "Buffer" shall mean and refer to certain portions of the Property that are owned by the
Declarant or by the Association, adjacent to or upon a platted Lot or Lots, or on common area property
which are intended to serve as Open Space, or shown as buffer space on a platted Lot. The Declarant or
the Association, other than as established by applicable zoning proffers, has no obligations to plant or
grow grass, shrubs, and/or trees in, or to actively landscape, any area designated as a "buffer" on any
plat or plan related to the construction or development of the Property, including any platted buffer
that lies within a Lot(s). Buffer areas may be left in a natural wooded condition.
Section 7 "Builder"shall mean and refer to any record owner of a Lot who has acquired the Lot for
construction of a dwelling on the Lot, with the intention of selling and conveying such Lot to'a third
party Owner.
Section 8. "Bylaws" shall mean and refer to the Bylaws of the Association.
Section 9. "Class B Control Period"shall mean and refer to the period of time during which the
Class B Member is entitled to appoint a majority of the members of the Board of Directors, as provided
in the Bylaws, and may also be referred to as the "Declarant Control Period."
Section 10. "Clerk's Office" shall mean and refer to the Clerk's Office of the Circuit Court of the
County of Albemarle, Virginia.
shall mean and refer to
K.. in goon
standing, including but not limited to the areas •evote• to private streets,the buffer.„
areas on common
areas open spaces, open space and the improvements thereon, and the Storm Water Management
Facilities ('BMP"), subject to the limitations set forth in this De laration.
----�-
k . . Common
Areas are the Areas of Common Responsibility.
Section 12. "Common Expenses" shall mean and include the actual and estimated expenses
incurred by the Association for the general benefit of all Lot Owners, including any reasonable reserves,
as may be found to be necessary and appropriate by the Board pursuant to this Declaration, the Bylaws
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and the Articles of the Association, but shall not include expenses incurred during the Class 8 Control
Period for the initial development work, original construction or installation of the initial infrastructure
or original capital improvements,or other original construction costs, as called for by the subdivision site
plan, unless approved by the Class A votes, at a meeting duly noticed for this purpose. Approval by the
Class A votes shall be a majority of the quorum present at the meeting in person or by proxy.
Section 13. "Community-Wide Standard" shall mean the standard of conduct, maintenance, rules or
other activity generally prevailing throughout the Property. Such standards may be more specifically
established and determined by rules set forth by the Board of Directors or the Architectural Review
Board("ARB")with approval by the Board.
Section 14. "County" shall mean and refer to the County of Albemarle,Virginia.
Section 15. "Declarant" shall mean and refer to Cascadia Development, LLC, a Virginia limited
liability company and Towne District, LLC, a Virginia limited liability company. Declarant may designate a
successor Declarant or Declarants to take and hold some or all of its respective rights, powers,
privileges, and, obligations as the Declarant under this Declaration by written instrument recorded in
the Clerk's Office. When the Declarant no longer owns any parcels of land within the Property, as
defined in Section 27, then the Association is the Declarant,without the need for any written transfer of
the respective rights, powers, privileges and obligations. The respective Declarants shall have the Class
•
B votes available to each based on the Lots owned by each Declarant.
Section 16. "Development Property"shall mean and refer to the property described in Exhibit A and
all or a portion of the property described in Exhibit B which Declarant may from time to time anticipate
subjecting to this Declaration, and any other property hereinafter subjected to this Declaration.
Inclusion of property in Exhibit B shall not, under any circumstance, obligate the Declarant to subject
such property to this Declaration, nor shall the exclusion or absence of property described in Exhibit B
from the Development Property bar its later annexation in accordance with Article VIII hereof.
Section 17. "Improved Lot" shall mean and refer to a Lot on which a residence has been
substantially completed and for which a certificate of occupancy or temporary certificate of occupancy
("CO")has been issued by Albemarle County,Virginia. All other Lots are defined as "Unimproved Lots."
Section 18. "Lot" shall mean and refer to any plot or parcel of land numerically designated and
shown on a recorded subdivision plat of the Property with the exception of the Common Areas, Roads
and Storm Water Facilities. "Attached Lot" shall mean and refer to all the townhouse or duplex,Lots,
where dwelling units share at least one (1) party wall.
Section 19. "Majority" shall mean and refer to the number that is greater than half of any total.
Section 20. "Member" shall mean and refer to a Person entitled to membership in the Association,
as provided herein.
Section 21. "Mortgage" shall mean and refer to a mortgage, a deed of trust, a deed to secure a
debt, or any other form of security deed recorded in the Clerk's Office of the Circuit Court of Albemarle
County,Virginia.
Page 3 of 41
Section 22. "Mortgagee" shall mean and refer to a beneficiary or holder of a Mortgage or Deed of
Trust.
Section 23. "Mortgagor" shall mean and refer to any Person who gives a Mortgage or Deed of Trust.
Section 24. "Owner"shall mean and refer to the record owner, whether one(1)or more Persons,of
any Lot, including builders, but excluding in all cases any party holding an interest merely as security for
the performance of an obligation,and/or tenants and other leasehold interests.
Section 25. "Person" means a natural person, a corporation, a partnership, a trustee, or any other
legal entity.
Section 26. "Private Roads" shall mean and refer to any portion of the Property subject to a private
street access easement, alley access easement, and/or parking area easement, and the improvements
located within such easements, established and constructed to serve as vehicular and pedestrian access
to and from certain Lots and or Common Areas, as more specifically designated on any recorded Plat of
Cascadia Subdivision.
Section 27. "Property" shall mean and refer to the real property described in Exhibit A attached
hereto and made a part hereof, together with such additional property of phases of the subdivision, as
hereafter subject to this Declaration by Supplemental Declaration by the Declarant.
Section 28. "Special Assessment" shall mean and refer to assessments levied in accordance with
Article X hereof.
Section 29. "Supplemental Declaration" shall mean an amendment or supplement to this
Declaration which subjects additional property to this Declaration, and/or, imposes additional
restrictions and obligations on the land described therein, and/or, otherwise modifies the terms of this
Declaration as provided for herein.
ARTICLE II
PROPERTY FACILITIES
Section 1. General. Every Owner shall have a right and non-exclusive easement of use, access and
enjoyment in and to the Common Area, subject to:
(a) this Declaration, and any restrictions or limitations contained in any deed conveying
such property to the Association;
(b} the right of the Board to adopt other rules regulating the use and enjoyment of the
Common Area, including limiting the number of guests who may use the Common Area, and, the other
conditions upon guest use of the Common Area, as well as the Board's right to extend Common Area
use to non-Members under separate rules and regulations;
(c) the right of the Board to assess charges against an Owner for their violation, or their
family's, tenant's, guest's, resident's, or other invitee's violation, of any provision of this Declaration,
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Bylaws, or, rules of the Association,after notice and an opportunity for a hearing have been provided to
the Owner pursuant to Association rules established and adopted by the Board;
(d) the right of the Board to suspend the voting rights, or the right of an Owner to use
facilities or services, provided directly through the Association for the nonpayment of assessments
which are more than forty-five (45)days past due,to the extent that access to the Lot through necessary
Common Areas is not precluded and provided that such suspension shall not endanger the safety or
property of any Owner, tenant or occupant, if any (i) for any period during which any charge against
such Owner's Lot remains delinquent of more than forty-five (45) days, and (ii) for a period not to
exceed forty five (45) days for a single violation or for a longer period in the case of any continuing
violations of the Declaration, Bylaws or Rules and Regulations of the Association, after notice and an
opportunity for a hearing have been provided to the Owner;
(e) the right of the Association, acting through the Board, to dedicate or transfer all of any
part of the Common Area pursuant to Article IX hereof;
(f) the right of the Board to impose reasonable membership requirements and charge
reasonable admission or other fees for the use and recreational facilities situated upon the Common
Area.
(g) The right of the Declarant, during the development period and thereafter the Board of
Directors, to grant, relocate or vacate easements or rights of way, over, across, under and through the
Property.
Section 2. Delegation of Use. Subject to the provisions of Section 1 hereof, any Owner may
delegate his or her right of use and enjoyment of the Common Areas and Facilities to the members of
his or her family in residence at the Lot,subject to reasonable regulation by the Board and in accordance
with procedures that the Board may adopt. An Owner who leases his or her Lot shall be deemed to
have delegated all of the rights of use and enjoyment of the Common Areas and Facilities to the Lot's
lessee, unless the Owner notifies the Association in writing that he or she has retained all such rights.
However, should any Owner desire to lease or rent his or her Lot,the lease or rental agreement shall be
in writing signed by the Tenant and shall contain specific conditions which require the lessee/renter to
abide by all Association Covenants, Rules and Regulations, and any Owner desiring to rent or lease a Lot
also covenants that the Lessee/Renter will be provided with a complete set of all Association Covenants,
Rules and Regulations from the Owner. Leases may not be shorter than a three (3) month initial term,
with month to month renewals permitted under the lease for the existing tenant. Subtenants are not
permitted, unless a new lease is signed for the remainder of the tenant's term, plus an additional term
that is not shorter than three (3) months. A tenant's violation of the Association's Declaration, Bylaws,
Rules and/or Regulation shall be deemed to be a violation by the Owner, and shall further constitute a
default under the lease for which the Association, on behalf of and at the expense of the Owner may
seek any remedies available at law or equity, including the eviction of the tenant on behalf of and as
agent for the Owner, after ten (10) days written notice to the Owner and the Owner's failure to evict
said tenant or lessee.
Section 3. Limitations. The limitations or restrictions permitted by Article II shall not be
construed to permit the Declarant or the Association to take any action that would have the effect of
adversely affecting the rights of a Lot Owner to direct ingress and egress to and from the Owner's Lot or
Page 5 of 41
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effect any access to utility services to their Lot, such was water, sewer, electric, telecommunication or
other utility services that service the Lot.
ARTICLE III
ASSOCIATION FUNCTION/MEMBERSHIP AND VOTING RIGHTS
Section 1. Function of Association. The Association shall be established as a non-stock
corporation under the laws of the Commonwealth of Virginia. The Association shall be the entity
responsible for management, maintenance, operation and control of the Areas of Common
Responsibility and those portions of the Lots as specified in Article IV hereof. The Association shall be
the primary entity responsible for the enforcement of the Declaration and such rules as the Board may
adopt. The Association, by and through its Board, shall also be responsible for administering and
enforcing the architectural standards and controls set forth this this Declaration and in the Design
Guidelines. The Association shall perform its functions in accordance with this Declaration, the Bylaws,
the Articles of Incorporation and the laws of the Commonwealth of Virginia. These functions shall be
performed at the Direction of the Board, by and through the Association's Directors, Officers,
Committees,employees,contractors,and/or Managing Agent.
Section 2. Managing Agent. The Board of Directors may employ or contract with a
Professional Managing Agent for the Association at a compensation and under such terms as established
by the Board,to perform such duties and services as the Board shall authorize, to assist the Association
with its responsibilities.
Section 3. Membership. Every Owner, as defined in Article I hereof, shall be deemed to
have a membership in the Association. No Owner, whether one (1) or more Persons, shall have more
than one (1) membership per Lot owned. In the event a Lot is owned by more than one (1) Person, all
such co-owners shall be entitled to the privileges of membership, subject to the restrictions on voting
set forth in Section 4 of this Article and in the Bylaws, and all such so-owners, shall be jointly and
severally obligated to perform the responsibilities of the Owners hereunder. The rights and privileges of
membership may be exercised by a Member, or by any Person named in an applicable power of
attorney for the Member,subject to the provisions of this Declaration and the Bylaws. The membership
rights of a Lot owned by a corporation, trust, partnership or other legal entity shall be exercised by the
individual(s) designated from time to time by the Owner in a written instrument provided to the
Secretary of the Association. The foregoing does not include persons or entities who hold an interest
merely as security for performance of an obligation. Membership shall be appurtenant to and may not
be separated from ownership of any Lot which is subject to assessments, except as provided for by
leasing as set forth in Article II.
Section 4. Voting Rights. The total number of Lots shall be determined by recorded subdivision
plat(s), as permitted by the County and as recorded in the Clerk's Office. Each Lot constitutes one (1)
residential dwelling unit. This Association shall have two classes of voting membership:
Class A: Class A Members shall be all Owners of Lots,with the exception of the
Class B Member. Class A Members shall be entitled to one (1) vote for each Lot owned by said
Class A Member. In the event that more than one person or entity holds such interest in any Lot,
all such persons or entities shall be Members. The vote for such Lot shall be exercised as they,
among themselves,determine, but in no event shall more than one(1)vote be cast with respect
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to any Lot.
Class B: The Class B Member shall be the Declarants. The Class B Members shall
be entitled to twenty(20)votes for each Lot owned. The Class B Membership shall terminate on
the date on which Declarant has transferred to Class A Members a total of ninety-seven percent
(97%) of total anticipated number of Lots that may be developed on the Property. The
Declarant may terminate its Class B Membership at any time by filing with the Association and
in the Clerk's Office a written certificate terminating Declarant's interest as Class B Member.
At such time as the Declarant's Class B Membership terminates, the Declarant shall become
a Class A Member to the extent and for the period during which the Declarant owns any Lot in
the Property. While each of the Declarants shall be entitled to vote the Class B Membership
lots according to their lot ownership,for purposes of calculating the number of Class B lots, the
Declarants respective lots are considered and counted in the aggregate.
Section 5. Quorum. At any meeting called to vote on taking any action authorized under
this Declaration, an amendment to, or, the termination of this Declaration, the presence of
Members or of proxies entitled to cast twenty-five percent (25%) of all votes shall constitute a
quorum. If the required quorum is not present, another meeting may be called, and the presence
of Members or of proxies entitled to cast ten percent (10%) of all votes shall constitute a quorum
at the subsequent meetings called for the same purpose. Written notice of said meeting shall be
hand delivered, mailed postage prepaid, or, emailed to all Members not less than fifteen (15)
days prior to the date of the meeting.
Section 6. 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 prior to the taking of any vote by the
Members. Every proxy shall be revocable and shall automatically cease (i) upon conveyance by the
Member of his or her Lot,or, (ii)if the Member giving the proxy personally attends the meeting to which
the proxy pertains. When required by the Board of Directors,there shall be sent with notices of regular
or special meetings of the Association, a statement of certain motions to be introduced for vote of the
Members.
Section 7. Voting Rights Abated. Voting rights are abated for any Lot where the current Owner is
subject to past due and delinquent assessments, that are in excess of 45 days past due. Voting rights
resume after all past due Assessments, including all past due charges and costs of collection, are brought
current.
Section 8. Rules. The business and affairs of the Association shall be managed by the Board of
Directors. The number of Directors and election of Directors shall be governed by this Declaration and by
the Bylaws of the Association. The Board may make such rules and regulations consistent with the terms of
the Declaration, as may be amended, and the other governing documents of the Association as it deems
advisable for the benefit of the Association.
ARTICLE IV
MAINTENANCE
Section 1. Sidewalks. The initial construction of the road frontage sidewalks shall be
borne and completed by Declarant or its designee. All walkways running from road frontage sidewalks to
Page 7 of 41
the door of all Lots will be constructed by the homebuilders or Lot Owners and maintained, replaced,
improved or repaired by individual Lot Owners. The road frontage sidewalks that are within the Public
Right of Way are planned to be maintained by the Commonwealth through the Virginia Department of
Transportation, once accepted, and subject to all applicable governmental ordinances, including
ordinances relating to snow and ice removal by Owners, if applicable. Removal of snow from road
frontage sidewalks is the responsibility of each Lot Owner, unless the Board of the Association takes an
affirmative action to include sidewalk snow removal as part of the services provided by the Association.
This determination will be made by the Board on a year to year basis and sidewalk snow removal is not a
guaranteed service that will be completed by the Association. The Board may give separate
consideration for sidewalk snow removal for Lots with any shared sidewalk access issues or for any
sidewalks that are on the Common Areas owned by the Association. In the absence of governmental
rules about shoveling snow and ice from road frontage, the Board may promulgate rules the require
each Owner to clear road frontage sidewalks after snow events, so that the neighborhood and the
Association can continue to enjoy clear and unobstructed sidewalk connectivity throughout the
neighborhood as a matter of safety and enjoyment.
Section 2. Maintenance of Drainage and Storm Water Run-Off Control Measures. The County
has required certain drainage and storm water run-off control measures to be constructed, maintained,
inspected, replaced and repaired as part of its approval of the development of Cascadia Subdivision
("Cascadia"). This subdivision will be subiect to a separate Storm Water Management Agreement with
the County. The initial construction of the drainage and storm water run-off control measures shall be
borne and completed by Declarant. As of the completion date, the repair, maintenance, upkeep,
improvement, enhancement and replacement of the drainage and storm water run-off control
measures shall be borne by and are the responsibility of the Association in accordance with the Storm
Water Management Agreement. These facilities include, but are not limited to, storm sewers, drainage
channels, biofilters and basins. Drainage Easements may encroach on individual Lots as described in this
Declaration or as shown on the Plat,as may be supplemented or amended from time to time.
Section 3. Maintenance of Identification Signs. The Declarant has determined that it is
desirable to construct, install, and maintain community and street identification signs within Cascadia.
The initial construction and installation of community and street identification signs deemed
appropriate by Declarant shall be borne and completed by Declarant. After the installation of any such
sign, the repair, maintenance, upkeep, improvement, enhancement and replacement of community
identification signs shall be borne by and be the responsibility of the Association. On roads accepted in
to the Public Road System, the road signs shall meet the required standards and where applicable the
street signs will be maintained by the Commonwealth of Virginia's public road authorities. Certain
street signs may also be subject to a private sign maintenance agreement with the governing authority
with the Association, making the long term maintenance and cost of certain street signs in the
Subdivision an Association obligation. All signs in the subdivision shall be accordance with the
requirements of the public road authorities.
Section 4. Maintenance of Public and Private Roads.
(a) Right of Dedication. The Declarant shall have the right and power to dedicate to public
use certain roads, shown as Public on the Plat, so that the same may be accepted into the
Commonwealth of Virginia's public road system and thereby be publicly maintained("Public Roads").
(b) Regulation of Traffic and Parking. Until the Public Roads are accepted for public use and
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maintenance, the Declarant, during the Declarant Control Period, and thereafter, the Board of the
Association, shall have the right and power to place any reasonable restrictions upon the use of the
Public Roads, including the establishment of speed limits and regulation of parking along the roads.
Nothing herein shall be construed to delegate any aspect of the police power of the County or of the
Commonwealth of Virginia, as all such regulation shall at all times be subject to applicable State and
County regulation.
(c) Responsibility for Maintenance of the Public Roads. The initial construction of the
Public Roads shall be paid for by and shall be completed by the Declarant or its assigns. Upon
completion of the construction of the roads, the cost of Maintenance, upkeep or replacement of all
roads and sidewalks located within the established Public easements or right of ways in Cascadia shall
be the sole responsibility of the Declarant until accepted into the Public Road System, except that the
Association shall pay for snow and ice removal from the roadways until acceptance into the Public Road
System. No such cost will be borne by the County of Albemarle or the Commonwealth of Virginia or
any other public agency until accepted into the Public Road System.
(d) Responsibility for Maintenance of the Private Roads. The initial construction of the
Private Roads shall be paid for by and shall be completed by the Declarant or its assigns. Upon
completion of the construction of the Private Roads,the cost of Maintenance, upkeep or replacement of
all Private Roads and sidewalks located within the established private easements or private right of ways
in Cascadia shall be the sole responsibility of the Association as set forth below:
(I) Minimum Standards: The Private Roads shall be maintained within the width
easements and the paved travel surface, to be maintained in perpetuity to substantially the
same condition it was in when approved by the County as a private street or private road under
the Albemarle County Subdivision Ordinance and initially constructed by the Declarant. The
travel way shall at all times be maintained so that it is safe and convenient for passenger
automobiles and emergency vehicles at all times except in severe temporary weather
conditions.
(ii) Maintenance. For purposes of this instrument, 'maintenance', includes the
maintenance of the Private Roads or alleys, and all curbs, curbs and gutters, drainage facilities,
utilities, dams, bridges and other street improvements that are not Public, and the prompt
removal of snow, water,debris,or any other obstruction so as to keep the Private Road or alley
reasonably open for usage by all vehicles, including emergency services vehicles. The term "to
maintain," or any derivation of that verb, includes the maintenance, replacement,
reconstruction and correction of defects or damage.
(iii) Cost of Maintenance. The Owner(s) of Lots shall be equally responsible for the cost
of the maintenance of, and or repair to the Private Street, by and through the Home Owner's
Association. No public agency, including the Virginia Department of Transportation and the
County of Albemarle. Virginia, will be responsible for maintaining any improvement identified
as part of the Private Rights of Way in Cascadia.
(iv) When to Maintain. After the initial construction of the Private Streets, any
further construction, maintenance or repair shall be undertaken with the approval of the
Declarant or the Board of the Association. The cost and obligations to pay for Private Road
Maintenance shall be part of the Assessment structure of the Association.
Page 9 of 41
•
(e) Parking Areas. Each Lot is required to utilize garage and driveway parking to
the fullest extent, first and foremost, for parking their automobiles. Any parking areas that are
established in Cascadia will be used and maintained according to rules to be adopted by the Board.
Such parking spaces may or may not be assigned to individual Lots and/or reserved as guest parking,to
be determined and modified from time to time, according to rules established by the Board. Available
parking spaces are NOT required to be allocated evenly to every Lot or Owner. The parking areas will be
along the Private Roads or within parking easements, and will be maintained in the same manner as the
Private Roads in (d) above. There is no provision or assurance in the creation of the subdivision to
accommodate the parking of more than two Member vehicles per Lot.
arg _.` ''' a'fhe initial grading, seeding, and landscaping of
entrance features, and, storm water management facilities, as deemed appropriate by Declarant,
shall be borne and completed by Declarant. s, entrance features
and storm water management facilities, the +f all
grass, and the maintenance of, and in its :iscretion, e rep acement o, a ► • ' - and other
plantings within the Common Area, which are either natural or were planted by Declarant within the
Common Areas and the costs of such maintenance shall be an twallill11111111111M Except as
otherwise provide for herein, it is each Owner's responsibility to maintain all landscaping, shrubbery and
plantings on its own Lot.
the initial installation by the
Declarant is complete, the
cluding but not limited to,
sidewalks, playground equipment, benches, clubhouse, all fixtures, personal property and equipment
related thereto, and the Association shall be responsible for paying personal property and real estate
taxes, if any, on the Common Area and all improvements and personal property located thereon. The
responsibility of the Association with regard to the upkeep, maintenance, management, operation and
control of such Common Area shall include any and all common area sidewalks and trails, parks,
playgrounds, playing fields, community meeting space, club house, pool, recreational courts (if any),
open space areas and all of the access and parking areas for any such facilities. The Association shall
keep the Common Area in good, clean and attractive condition as determined by the Board.
Notwithstanding any other provision of this Declaration, if any Owner through his own negligence or
through his construction, development or other unusual activity on his/her Lot causes damage to any
portion of the Common Area, then he/she shall be solely and exclusively responsible for the repair of
such damage without the benefit of contribution from the other Owners, the Declarant or the
Association.
Section 7. Maintenance of Party Walls.
(a) General Rules of Law to Apply. Each wall which is built as a part of the original
construction of any townhouse or attached dwelling unit upon the Property subject to this Declaration
and placed on the dividing line between Lots shall constitute a party wall. The general rules of law
regarding party walls and liability for property damage due to negligence or willful acts or omissions
shall apply thereto.
(b) 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.
Page 10 of 41
(c) Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or
other casualty,any Owner who has use of the wall may repair or restore it,and if the other Owners shall
contribute to the cost of repair or restoration thereof in proportion to such use, without prejudice,
however, to the right of any such Owner to call for a larger contribution from the others under any rule
of law regarding liability for negligent or willful acts or omissions.
(d) Weatherproofing. Notwithstanding any other provision, any Owner who by his
negligent or willful act causes the party wall to be exposed in the elements shall bear the whole cost of
furnishing the necessary protection against such elements.
(e) Right to Contribution Runs With Land. The right of any Owner to contribution from any
other Owner shall be appurtenant to run with the land and shall pass to such Owner's successor in title.
(f) Association's Right to Repair and Maintain. In the event that any Owner shall fail to
maintain a party wall in a manner satisfactory to the Board of Directors, the Association, after thirty
(30) days' prior written notice to such Owner and upon the affirmative vote of a majority of the Board
of Directors, shall have the right (but not the obligation), through its agents and employees, to enter
upon such Lot and to repair, Maintain and restore the party wall. The cost of such repair and
maintenance shall be added to and become a part of the Assessments to which such Lot(s) is subject,
plus an administrative fee of Twenty Percent (20%) of the cost of such work, or, Fifty Dollars ($50.00),
whichever is greater.
(g) Encroachment Issues. Each shared Lot line with a townhouse or an attached dwelling
unit shall have an easement for encroachments, being no more than one foot (1.0') in width along each
of the shared side boundary lines, for individual encroachment issues between these attached homes
related to: overhangs, eaves, roof lines, gutters, downspouts, railings, fences, patios, walkway,
driveways, utility lines, and, other like exterior improvements and facilities that in their construction
share the adjoining lot line and create variable encroachments along the shared boundary line by the
nature of adjoining construction on adjoining lots. This encroachment easement allows for the
installation, operation, repair, replacement and maintenance of such exterior improvements within the
one foot (1.0") easement for the benefit of and to serve the adjoining dwelling unit on each of their
adjacent side lot lines(the Encroachment Easement).
Section 8. Maintenance of Lots and Structures on Lots.
(a) Maintenance by Owner. Exterior maintenance on improvements and dwelling units is
NOT required to be performed by the Association. Except as otherwise provided for in this Declaration,
the Owner of such Lot shall perform such maintenance, repair and replacement, and shall keep his Lot
and all structures thereon in good order, condition and repair, including but not limited to:
(i) Exterior painting of trim, doors, shutters, siding and any other painted surface, as
required and approved by the Board (or as may be delegated by the Board to the Architectural Review
Board);
(ii) Power washing;
(iii) Roof repair and replacement. The type, size and color of roofing materials that
are permitted shall be governed by the Architectural Review Board ("ARB"). The timing and frequency of
roof replacement may be set forth by the ARB with the Board's approval.
Page 11 of 41
.
(iv) All trash and debris removal from the Property, as well as all large trash items,
appliances, moving debris, excess holiday trash, tree and branch maintenance for trees located on an
Owners' Lot, are the Owner's obligation to remove at the Owner's expense. However, regular weekly
household trash removal shall be a service contracted for by the Association for all Owners. It is
anticipated that each Lot will receive one trash toter and trash pick-up will be one day per week. The
Declarant may choose to have dumpster or trash toter enclosures for regular weekly household trash in
townhome areas of the subdivision.
(v) Watering. The Declarant and/or the Association are not responsible to water
lawns or landscaping on Lots. Individual Lot Owners are responsible to adequately water the lawn and
landscaping on their individual Lot. Failed plantings,trees and/or lawns are the Lot Owners obligation to
cure.
(vi) Street Lighting. Cascadia will be lit with light from a required post lamp and/or
porch lamp on each Lot as approved by the Declarant, and later by the ARB. Such light will be activated
by a photo-sensor at each dwelling. Owners must ensure that their required lamp is operating correctly
and must replace burned out bulbs. Corner mounted spot lights and other obtrusive lighting are not
permitted.
(vii) All of the above maintenance items shall be governed by standards established
by the Declarant during the Development period, and thereafter, by the Board (or as may be delegated
by the Board to the ARB).
(viii) In the event that any Owner shall fail to Maintain, repair and/or replace any item
of maintenance, repair or replacement for which he is responsible in a manner satisfactory to the Board
of Directors, the Association, after thirty (30) days' prior written notice to such Owner and upon
affirmative vote of a majority of the Board of Directors, shall have the right (but not the obligation) to
provide such maintenance, repair and/or replacement as in the opinion of a majority of the Board of
Directors is required, and the cost thereof plus an administrative fee of 20% of the cost of such work or
Fifty Dollars($50.00),whichever is greater,shall be assessed against the Owner of such Lot and added to
and become a part of the Association's assessment accounts as determined appropriate by the Board of
Directors. In addition, the Board has the authority, but not the obligation,to initiate certain community-
wide exterior maintenance and provide for the same under regular or special assessment as provided for
herein.
(b) Maintenance by the Association. The Association shall provide exterior maintenance on
Owner Lots as follows:
(i) Limited Landscaping. Landscaping Maintenance by the Association shall include
periodic lawn cutting services that are contracted for on each Lot by the Board of the Association. These
landscaping services may also include routine thatching, fertilizing and aerating, at the discretion of the
Board. Lawn cutting inside of fenced areas on a Lot may be limited and restricted according to rules set
forth by the Board of the Association. Lawns and yard within fences may be required to be maintained
by Owners under Section 8(a)above.
(ii) Mulch in landscaped beds. The Association may also include periodic mulch
services for landscaping beds and/or trees that are in the front of a lot, or, in the front and on one (1)
side for corner or end unit Lots.
Page 12 of 41
fi
(iii) Leaves. Leaf cleaning from gutters and downspouts on attached unit only, to
prevent overflow and clogging of the drainage systems.
•
(iv) All of the above maintenance items shall be governed by standards established
by the Declarant during the Development period,and thereafter, by the Board.
Section 9. Blanket Easement. There are hereby reserved to the Association blanket
easements over the Property and all Lots to enable the Association to fulfill responsibilities under this
Article. The Association shall not be liable for any damage or injury occurring on or arising out of the
condition of the property which it does not own except to the extent that it has been willfully or grossly
negligent in the performance of its maintenance responsibilities.
Except as otherwise specifically provided herein, all costs associated with maintenance, repair and
replacement of the Common Area and Common Area improvements shall be a Common Expense to be
allocated among all Lots, subject to the right of the Association to seek reimbursement and other
damages from any person or Owner responsible for any damage caused to the Common Area and/or
Common Area improvements. In the event that the need for maintenance, repair or replacement to be
provided by the Association is caused through the willful or negligent act or omission of an Owner, his
family, guests, tenants, or invitees, the costs of such maintenance, repair or replacement shall be
charged to the Lot Owner as an assessment and the charge upon the land is in addition to annual and
special assessments.
ARTICLE V
INSURANCE AND CASUALTY LOSSES
Section 1. Insurance. The Association's Board of Directors, or its duly authorized agent, shall
obtain blanket "all-risk" property insurance, for all insurable improvements on the Common Area. The
face amount of such insurance shall be sufficient to cover the full replacement cost of any repair or
reconstruction in the event of damage or destruction of an insured hazard.
The Board shall also obtain a public liability policy covering the Area of Common Responsibility, insuring
the Association and its Members from all damage or injury caused by the negligence of the Association,
employees or agents,or any other person who has a right to occupy a Lot.
In addition to the other insurance required by this Section,the Board shall obtain as a Common Expense,
if and to the extent required by law: worker's compensation insurance, directors' and officers' liability
coverage, if reasonably available, a fidelity bond or bonds on directors, officers, employees, and other
Persons handing or responsible for the Association's funds; and flood insurance, if required by FNMA
and reasonably available.
The amount of fidelity coverage shall be determined in the directors' best business judgment but, may
not be less than one tenth (1/10) of the annual Base Assessments on all Lots, plus reserves on hand.
Bonds shall contain a waiver of all defense based upon the exclusion of persons serving without
compensation and shall require at least thirty (30) days' prior written notice to the Association of any
cancellation, substantial modification,or non-renewal.
Premiums for all insurance on the Area of Common Responsibility shall be Common Expenses, which
shall be included in the Base Assessment, subject to any other covenants or agreements relating
thereto. The policies may contain a reasonable deductible, and the amount thereof shall not be
Page 13 of 41
•
subtracted from the face amount of the policy in determining whether the insurance at least equals the
coverage required hereunder.The deductible shall be paid by the party who would be liable for the loss
or repair in the absence of insurance and in the event of multiple parties,shall be allocated in relation to
the amount each party's loss bears to the total.
All insurance coverage obtained by the Board of Directors shall be written in the name of the
Association as trustee for the respective benefited parties, as further identified in subsection (b) below.
Such insurance shall be governed by the following provisions:
(a) All policies shall be written with a company authorized to do business in Virginia which
holds a Best's rating of A or better as established by A.M. Best Company, Inc., if reasonably available or,
if not available,the most nearly equivalent rating which is available;
(b) All insurance on the Area of Common Responsibility shall be for the benefit of the
Association and shall be written in the name of the Association as trustee for the benefited parties;
(c) Exclusive authority to adjust losses under policies obtained by the Association on the
Properties shall be vested in the Association's Board of Directors; provided however, no Mortgagee
having an interest in such losses may be prohibited from participating in the settlement negotiations, if
any,related thereto;
(d) In no event shall the insurance coverage obtained and maintained by the Association's
Board of Directors hereunder be brought into contribution with insurance purchased by individual
Owners,occupants, or their Mortgagees;
Section 2. Individual Insurance. By virtue of taking title to a Lot subject to the terms of this
Declaration,each Owner covenants and agrees with all other Owners and with the Association that each
Owner shall carry blanket"all-risk" property insurance on the Lot(s)and structures constructed thereon
Each Owner may be required to provide evidence of such coverage to the Association. With respect to
the policy contemplated in this provision: a) the policy shall guarantee replacement cost; and b) the
policy shall adjust to inflation.
Each Owner further covenants and agrees that in the event of a partial loss or damage resulting in less
than total destruction of structures comprising his or her Lot, the Board may impose requirements
regarding the standards for rebuilding or reconstructing structures on the Lot or the standard for
returning the Lot to its pre-construction condition. Further, in the event of a total loss or damage to
structures comprising an owner's Lot or Lots,said structures and units shall be reconstructed.
The Association shall not be liable, under any circumstances,for any failure by an Owner to provide the
Association with evidence of coverage as contemplated by this Section.
Section 3. Damage and Destruction of Common Area Improvements Conveyed to the Association.
This Section applies to Areas of Common Responsibility after conveyance of any such Area of Common
Responsibility from the Declarant to the Association. Prior to such conveyance, risk of damage or
destruction remains with the Declarant.
(a) Immediately after damage or destruction by fire or other casualty to all or any part of
the Properties covered by insurance written in the name of the Association, the Board of Directors or its
duly authorized agent shall provide with the filing an adjustment of all claims arising under such
insurance and obtain reliable and detailed estimate of the cost of repair or reconstruction of the
Page 14 of 41
)
damaged or destroyed properties. Repair or reconstruction, as used in this paragraph, means repairing
or restoring the properties to substantially the same condition in which they existed prior to the fire or
other casualty, allowing for any changes or improvements necessitated by change in applicable building
codes.
(b) Any damage or destruction to the Common Area shall be repaired or reconstructed
unless at least seventy-five percent (75%) of the total Class "A" vote of the Association decide within
•
one hundred and twenty (120)days after the casualty not to repair or reconstruct.
If for any reason either the amount of the insurance proceeds to be paid as a result of
such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or
both, are not made available to the Association within said period, then the period shall be extended
until such funds or information shall be made available; provided, however, such extension shall not
exceed sixty(60) additional days. No Mortgagee shall have the right participate in the determination of
whether the damage or destruction to Common Area or common property of the Association shall be
repaired or reconstructed.
(c) In the event that it should be determined in the manner described above that the
damage or destruction to the Common Area shall not be repaired or reconstructed and no alternative
improvements are authorized, then the affected portion of the properties shall be cleared of all debris
and ruins and maintained by the Association in a neat and attractive, landscaped condition consistent
with the Community-Wide Standards.
Section 4. Disbursement of Proceeds. If the damage or destruction for which the proceeds of
insurance policies held by the Association are paid is to be repaired or reconstructed, the proceeds, or
such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs
or reconstructions as hereinafter provided. Any proceeds remaining after defraying such cost of repair
or reconstruction shall be retained by and for the benefit of the Association and placed in a capital
improvements account. In the event no repair or reconstruction is made, any proceeds remaining after
making such settlement as is necessary and appropriate with the affected Owner or Owners and their
Mortgagee(s), as their interests may appear, shall be retained by an for the benefit of the Association
and placed in a capital improvements account.
Section 5. Repair and Reconstruction. If the damage or destruction to the Common Area for
which insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not
sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the
Members, levy a special assessment against those Owners of Lots responsible for the premiums for the
applicable insurance coverage under Section 1 of this Article. Additional assessments may be made in
like manner at any time during or following the completion of any repair or reconstruction.
ARTICLE VI
NO PARTITION
Except as is permitted in this Declaration or amendments thereto, neither the Association, any member
of the Board of Directors,or any Unit Owner shall consent to a judicial partition of the Common Area or
any part thereof, nor shall any Person acquiring any interest in the Properties or any part thereof
consent to any judicial partition unless the properties have been removed from the provisions of this
Declaration. This Article shall not be construed to prohibit the Board of Directors from acquiring and
Page 15 of 41
disposing of tangible personal property nor from acquiring title to real property which may or may not
be subject to this Declaration. This Article shall not be construed to limit or prohibit the Declarant's
rights to adjust boundary lines, re-subdivide, and/or remove certain parcels or Lots within the
subdivision as set forth in Article VIII and Article XiI.
ARTICLE VII
CONDEMNATION
Whenever all or any part of the Common Area shall be taken by any authority having the power to
condemnation or eminent domain,each Owner shall be given a notice of such by the Association.The
award made from such taking shall be payable to the Association pursuant to Section 55-516.2 of the
Code of Virginia, 1950, as amended.
ARTICLE VIII
ADDITIONAL PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Additional Property subject to this Declaration Membership. Declarant shall have the
unilateral right, privilege, and option from time to time and at any time to include any property,
described in Exhibit "A" and Exhibit"B," whether such property is now owed or subsequently owned by
the Declarant, and which is adjacent or contiguous to or located within a two(2)mile radius of property
already forming part of the Property measured from the then-existing boundary of the Property, into
the Association by making the same subject to the covenants, conditions and restrictions set forth in this
Declaration. For purposes of this Section, adjacent or contiguous property includes any property which
is separated from the Property by a natural or man-made barrier including, but not limited to any rivers,
roadways, paths or other barrier. Such addition of property subject to this Declaration shall be
accomplished by filing in the Clerk's Office a Supplemental Declaration signed by the Declarant. Such
addition of property to this Declaration is limited by and subject to Section 1 above. After the Declarant
no longer owns any property subject to this Declaration, the right contained in this Article to subject
additional property to this Declaration shall be the right of the Association and subject to the consent of
the then current Owners. Such additions by the Association shall require the affirmative vote of a
majority of the Class "A"votes of the Association (entitled to vote). Such addition of property subject to
this Declaration shall be accomplished by filing in the Clerk's Office a Supplemental Declaration signed
by the Board. Such addition of property to this Declaration is limited by and subject to Section 3 below.
Section 2. Acquisition of Additional Common Area. Declarant may convey to the
Association additional real estate, improved or unimproved, located within the properties described in
Exhibit "A" or "B", or which is hereafter subjected to this Declaration, which upon conveyance or
dedication to the Association shall be accepted by the Association and thereafter shall be maintained by
the Association at its expense for the benefit of all its Members. Any addition of property to this
Declaration is limited by and subject to Section 3 below.
Section 3. Compliance with County Requirements. The provisions of the Article are intended to address
additional property that may become subject to this Declaration, as well as the common administration
of different subdivisions under a common Association. Nothing herein permits the Declarant or the
Association to circumvent required County approvals for subdivisions. Nothing herein permits the
Page 16 of 41
Declarant or the Association to alter or amend any County zoning or subdivision requirements relating
to any parcel of land.
Section 4. Additional Covenants and Easements. The Declarant may
unilaterally
niltr lly subjecton any portion of
tadditional
the property submitted to this Declaration initially or by Supplemental
covenants and easements, while such impacted property is still owned by the Declarant. Such
additional covenants and easements shall be set forth in a Supplemental Declaration filed either
concurrent with or after the addition of the subject property. Such additional covenants and easements
shall require the written consent of the Owner(s) of such property,if other than the Declarant.
Section 6. Amendment. This Article shall not be amended without the prior written consent of
the Declarant, so long as the Declarant owns any property subject to this Declaration.
ARTICLE IX
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
®/I11� The Association, subject to of the OOwnersforth in
this Declaration, shall own and be responsible for the
all improvements thereon and those portions of the Lots specified in Article IV hereo
and shall keep these areas in good, clean, and attractivetheCommulnion—Wider, and Standard as established and
pair, pursuant to the
terms and conditions hereof and consistent with
determined by the Board.
certain drainage easeme , rm water management easements ("SWM"), access
easements, private roadways and alleys, certain parking areas, buffers, neighborhood centers (by way of
example: clubhouse, pool, playgrounds, courts), parks and trails.
Section 2. Personal Property and Real Property for Common Use. The Association, through
actions of its Board of Directors, may acquire, hold, sell, convey, lease and dispose of tangible and
intangible personal property and real property, leasehold, or other property interests within the
Property conveyed to it by the Declarant.
Section 3. Rules and Regulations. The Association, through its Board of Directors, may make and
enforce reasonable Rules and Regulations governing the use of the Common Area, the appearance and
maintenance of Lots, and, other community standards, which Rules and Regulations shall be consistent
with the rights and duties established by this Declaration. Sanctions for violations of this Declaration,
the Bylaws or Rules and Regulations of the Association may include reasonable monetary charge and/or
the suspension of the right to vote and/or the right to use any recreational facilities or parking areas on
the Common Area. The
o shal
relief in
abate nuisances or to assess damages. Imposition of sanctions shall be provided in the Bylaw of the
Association.
Section 4. Implied Rights. The Association may exercise any other right or privilege given to it
expressly by this Declaration or the Bylaws, and every other right or privilege reasonably to be implied
from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any
such right or privilege and/or the proper administration of the Association.
Page 17 of 41
ARTICLE X
ASSESSMENTS
Section 1. Creation of Assessments. There are hereby created assessments for Association
expenses as may from time to time specifically be authorized by the Board of Directors, to be
commenced at the time and in the manner set forth in this Declaration, as may be amended from time
to time. There shall be two (2) types of assessments: (a) Base Assessments to fund common expenses
for the benefit of all Members of the Association which shall be levied equally on all Lots and which may
include elements for annual expenses and reserve funding, and, (b) Special Assessments as described in
Section 4 below. Each Owner of an Improved Lot, other than the Declarant or, in certain instances a
Builder, by acceptance of a deed or recorded contract of sale for any portion of the Properties, is
deemed to covenant and agree to pay these assessments. All Assessments constitute a continuing lien
against an Owner's Lot.
All assessments, together with a $10.00 per month late fee, plus interest (at a rate equal to the greater
of twelve percent (12%) per annum, or the legal rate of interest as defined in Section 6.2-303 of the
Code of Virginia, as the same may be amended from time to time, as computed from the date
delinquency first occurs, plus costs, costs of collection and reasonable attorneys'fees, shall be a charge
on the land and shall be a continuing lien upon the Lot against which each assessment is made until
paid. Each such assessment, together with fees, interest, late charges, costs, costs of collection and
reasonable attorneys'fees also shall be the personal obligation of the Person(s)who was the Owner of
such Lot at time the assessment arose, and in the event of a transfer of title, his or her grantee shall be
jointly and severally liable for such portion thereof as may be due and payable at the time of
conveyance, except no first or second Mortgagee who obtains title to a Lot pursuant to the remedies
provided in the Mortgage shall be liable for unpaid assessments which accrued prior to such acquisition
of title.
Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors
and shall be due and payable in advance.
The Association shall, upon demand at any time,furnish to any Owner liable for any type of Assessment
a certificate in writing signed by an officer of the Association setting forth whether such assessment has
been paid. Such certificate shall be conclusive evidence of payment to the Association of any
assessments therein stated to have been paid. The Association may require the advance payment of a
reasonable processing fee for the issuance of such certificate.
The Association shall be entitled to collect all fees and costs of collection, including reasonable
attorneys' fees, and every Owner by accepting a deed to property in the Association, whether so
expressed in the deed or not, covenants and agrees to pay the same. The obligation to pay assessments
is a separate and independent covenant on the part of each Owner; and no Owner may waiver or
otherwise exempts himself or herself from liability for the assessments provided for herein, including, by
way of illustration and not limitation, by non-use of Common Areas or abandonment of the Lot. The
obligation to pay assessments is a separate and independent covenant on the part of each Owner. No
diminution or abatement of assessment or set-off shall be claimed or allowed by reason of any alleged
failure of the Association or Board to take some action or perform some function required to be taken
or performed by the Association or Board under this Declaration or the Bylaws, or for inconvenience or
discomfort arising from the making of repairs or improvements which are the responsibility of the
Association, or from any action taken to comply with any law, ordinance, or with any order or directive
of any local or other governmental authority.
Page 18 of 41
•
The
annual assessments shall be in an amount sufficient to pay for all costs and responsibilities of the
Association, including, but specifically not limited to, the payment of taxes on commonly held property
and the payments for repairs and maintenance and replacement of facilities in Common Areas.
Section 2. Non-Payment and Remedies. The Board of Directors shall take such prompt action as
may be necessary to collect any assessment for Common Expenses or any installment thereof due from
any Lot Owner which remains unpaid beyond the due date. The Board of Directors shall, have the
authority to establish the date on which any payment is fate and deemed to be in default. Upon a
default, the delinquent Lot Owner, in addition to all other charges, including interest, costs and
attorneys' fees, shall also be liable for a late fee in an amount to be established by the Board of
Directors. If payment of the total assessments, or of any installment thereof, including special
assessments, is not made on or before the date of default,the entire balance of assessments due on the
account for the Lot for the remainder of the fiscal year shall be accelerated and due in full. Upon
default, the Board may in its discretion, turn the account over to legal counsel and/or a collection
agency.
if turned over to counsel or a collection agency, all costs and reasonable attorneys' fees actually
incurred by the Association from the inception of collection involvement with the account through
resolution, if any, regardless of whether litigation has been initiated to enforce payment of the
delinquent assessments, shall be added to the delinquent account. If payment in full of the amount then
due is not received by legal counsel or the Association within ten (10) days after the notice of legal
action has been sent, a Memorandum of Lien may be filed against the Lot Owner's Lot and may include:
any and all applicable late fees, interest, costs, reasonable attorneys' fees actually incurred and
accelerated assessment amounts through the end of the fiscal year. The attorneys' fees and costs
secured by the Memorandum of Lien shall be separate and independent of any costs and attorneys'fees
actually incurred by the Association in any effort by the Association taken personally against a
delinquent Lot Owner to enforce payment of any past due assessments.
Non-receipt or lack of notice claimed by the delinquent Owner shall not prevent the Association from
filing a lien within the statutory deadline. Upon default, the Association may, in its discretion, file a civil
suit against the delinquent Lot Owner,and the Association may initiate any available foreclosure remedy
to enforce payment of the debt.
If an account remains delinquent after the filing of a lien or civil suit, legal counsel for the Association
shall take other appropriate legal action to collect the amounts due unless directed otherwise by the
Board of Directors. If the Association receives from any Lot Owner, in any accounting year,two or more
checks returned for insufficient funds for payment of assessments or other charges. The Board may
require all future payments to be made by certified check, cashier's check, money order, or, other
secure payment method acceptable to the Board,for the remainder of the fiscal year.The Association is
not restricted by any election of remedies and may simultaneously proceed with legal action against a
delinquent Owner's property, including foreclosure, and the delinquent Owner personalty, as well as
initiate any restriction against a Lot Owner as may be authorized by the Board in accordance with the
Declaration and Bylaw.
Any payment that is received by legal counsel or the Association that does not pay the Lot Owner's
account balance with the Association in full shall be credited first to the oldest debit in each category
described below until each category is paid in full, in the following order:
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1) Charges for the actual costs and reasonable attorneys'fees incurred by the Association
subsequent to the delinquent account being turned over to legal counsel for the prosecution of an
action to enforce payment of the debt, regardless of the results of litigation or whether litigation has
been initiated against the delinquent Lot Owner;
2) All returned check charges;
3) All late fees;
4) Interest;
5) Unpaid installments of the annual assessments or special assessment which are not
the subject matter of suit in the order of their coming dues;and
6) Unpaid installments of the annual assessment or special assessment which are the
subject matter of suit in the order of their coming due.
In the event of a delinquency by a Lot Owner, the Board of Directors may reject any offer of partial
payment and demand payment in full of all amounts owed to the Association. Acceptance of any
partial payments or any waiver by the Board granted specially to any Lot Owner's assessment account
of any of the fees and costs established herein or in the Bylaws or any Rules and Regulation, shall be on
a case by case basis, if at all, and in no way shall it constitute a waiver of the Board's authority to
enforce payment of all amounts owed in accordance with this Declaration, including turnover to the
Association's legal counsel for collection.
For so long as the Declarant has the authority to appoint the directors and officers of the Association,
Declarant may: (i)advance funds to the Association sufficient to satisfy the deficit, if any, between the
actual operating expenses of the Association (but specifically not including an allocation for capital
reserves), and the sum of the annual, special and specific assessments collected by the Association in
any fiscal year,and such advances shall be evidenced by promissory notes from the Association in favor
of the Declarant; or, (ii) cause the Association to borrow such amount from a commercial lending
institution at the then prevailing rate for such a loan in the local area of the Properties.The Declarant in
its sole discretion may guarantee repayment of such loan, if required by the lending institution, but no
Mortgage secured by the Common Area or any of the improvements maintained by the Association
shall be given connection with such loan.The Association is specifically authorized to enter into subsidy
contracts or contracts for"in kind"contribution of services or material or a combination of services and
materials with Declarant or other entities for the payment of some portion of the Common Expenses.
Section 3. Computation of Assessment. It shall be the duty of the Board, at least fifteen (15)
days before the beginning of each fiscal year, to prepare a budget covering the estimated Common
Expenses and reserves of the Association during the coming year. The budget shall include a capital
contribution establishing a reserve fund, at the discretion of the Board, in accordance with a budget
separately prepared, as provided in this Article. The budget may also include, at the Board's discretion,
any amounts necessary to furnish all equipment, material, labor and other items necessary to provide
waste and recycling collection or any other services for each Lot on a community-wide basis.
The Base Assessments to be levied against each Lot for the coming year shall be set at a level which is
reasonably expected to produce total income to the Association equal to the total budgeted Common
Expenses,including reserves.
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Notwithstanding the above,the Board may,in its sole discretion,reduce the Base Assessments by taking
into account: (a) Other sources of funds available to the Association; and, (b) Assessments to be levied
upon additional Lots reasonable anticipated to become subject to assessment during the fiscal year.
If any recreational facilities on the Common Area are owned or leased by the Association, the
determination of the annual recreational facilities expenses shall be shown as a separate line item on
the budget.
So long as the Declarant has the right unilaterally to annex additional property pursuant to Article VIII
hereof, the Declarant may elect on an annual basis, but shall not be obligated to reduce the resulting
Base Assessments for any fiscal year by payment of a subsidy (in addition to any amount paid by
Declarant under Section 1 above); provided, any such subsidy shall be conspicuously disclosed as a line
item in the income portion of the Common Expense budget and shall be made known to the
membership. The payment of such subsidy in any year shall under no circumstances obligate the
Declarant to continue payment of such subsidy in future years.
Each calendar year, the Base Assessment, which includes elements for annual expenses and reserve
funding, may be increased or decreased by up to ten percent (10%) per year from the prior year's
annual amount for each particular type of Assessment, by action of the Board of Directors. These
increases or decreases by Board action apply to the Base Assessment, but do not apply to Special
Assessments. Increases or decreases, effective January 1st of each year, can be set by the Board of
Directors of the Association, without a vote of the Members, not to exceed the ten percent (10%) limit
set forth herein. The Board of Directors may fix such annual increase or decrease after due
consideration of current and anticipated maintenance costs, appropriate depletion allowances, reserve
funds, and other needs of the Association. Each element of the Assessment may be considered
separately by the Board and the same percentage of increase or decrease need not apply uniformly
across each element of Assessment. Any increase requested by the Board of Directors in excess of ten
percent(10%) over the prior calendar year's assessment must be approved by a majority of the quorum
at a meeting of the Association duly called for this purpose. Any increase allowed under this Section,
may be scheduled for collection as approved by the Board and need not be collected in even payments
over the course of the applicable calendar year.
The Board shall cause a copy of the budget and notice of the amount of the Base Assessment to be
levied against each Lot to be present to the Owner's at the Annual Membership meeting. Such budget
and assessment shall be approved by the Board and become effective unless disapproved at a meeting
of the Association by at least two-thirds of the all of the Class "A" votes in the Association, and by the
Class"B" Member, if such exists. Notwithstanding the foregoing, however, in the event the Board fails
for any reason to determine the budget for any year, or, if such budget is disapproved at a meeting of
the Association then and until such time as a budget shall have been determined as provided herein,the
budget in effect for the immediately preceding year shall continue for the current year, along with an
automatic increase of ten percent(10%).
Section 4. Special Assessments.
(a) Entire Membership. The Board of Directors may levy Special Assessments from time to time
pursuant to the Virginia Property Owners'Association Act,Section 55-508 et seq.of the Code of Virginia,
1950, as amended.Special Assessments shall be levied against the entire membership in such manner as
the Board determines equitable. Special Assessments pursuant to this paragraph shall be payable in
such manner and at such time as determined by the Board, and may be payable in installments
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extending beyond the fiscal year in which the Special Assessment is approved, if the Board so
determines.
(b) Less Than All Members. The Board of Directors may levy a Special Assessment against any
Member individually and against such Member's Lot to reimburse the Association for costs incurred in
bringing a Member and his or her Lot into compliance with the provisions of the Declaration, any
amendments thereto, the Articles, the Bylaws, or the Association rules, which Special Assessment may
be levied upon the vote of the Board after notice.
Section 5. Effect of Non-Payment of Assessments. All Assessments, shall also secure all interest
and costs of collection, including reasonable attorney's fees, whether suit is brought or not, which may
be incurred by the Association in enforcing said Assessment and lien.Any Assessment which is not paid
when due shall be assessed a late fee of$10.00 per month, and shall bear interest from the date when
due until paid at the rate of twelve percent (12%) per annum, billed monthly beginning thirty(30) days
after the due date for any payment not received by the Association when due. Such late fee and
interest charge may be increased or decreased by the Board. In the event that any Owner is more than
thirty (30) days delinquent in the payment of any Assessment (fees, charges and interest), the
Association shall have the right and power to accelerate the balance of the calendar year's Assessments
and to consolidate said balance with any delinquent amount. In addition, all voting rights of an Owner
shall cease when an Owner is more than thirty (30) days delinquent in payments until all delinquent
Assessments,fees,charges and interest are brought current.
Section 6. Lien for the Payment of Assessments and Subordination of Lien to First Mortgage.
There shall be a continuing lien upon each of the individual Lots subject thereto in order to secure payment
of any of the Assessments provided for in this Declaration, but such lien shall be at all times subject and
subordinate to any first Mortgage or deed of trust placed on the Lot at any time. However, at such time
as the Association places to record in the Clerk's Office a notice of delinquency as to any particular Lot
on a form prescribed by the Board of Directors,then,from the time of recordation of said notice,the lien
of such delinquent Assessments in the amount stated in such notice shall be a lien prior to any
subsequently recorded first or second mortgages or deeds of trust in the same manner as the lien of a
docketed judgment in the Commonwealth of Virginia. The lien of Assessments provided for herein,
whether or not notice has been placed on record as above provided, may be foreclosed by a bill in equity
in the same manner as provided for the foreclosure mortgages, vendor's liens, and liens or a similar
nature. A statement from the Association showing the balance due on any Assessment shall be
prima facie of the current Assessment delinquency, if any, due on a particular Lot. The lien of the
Assessments provided for in Article X shall be subordinate to the lien of any first Mortgage. Sale or
transfer of any Lot shall not affect any Assessment lien; provided, however, that the sale or transfer of
any Lot pursuant to the foreclosure of a Mortgage 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. No sale or transfer of any Lot shall relieve an Owner from liability for any such Assessments
due and owing prior to the date of conveyance of the Lot. No amendment to this Section shall affect the
rights of the holder of any first Mortgage on any Lot (or the indebtedness secured thereby) recorded
prior to recordation of such amendment unless the holder thereof (or the indebtedness secured
thereby)shall join in the execution of such amendment.
Section 7. Reserve Budget and Capital Contribution. The Board of Directors shall prepare
and develop a reserve budget and reserve fund, but not necessarily a reserve study, to assure the
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(
existence of adequate funding for the maintenance of the Lots and the Common Area and the
maintenance, repair and replacement of the recreational facility, as called for by this Declaration. The
Board may fix the required capital contribution in an amount sufficient to permit meeting the projected
need of the Association, as shown on the budget, with respect both to amount and timing by annual
Base Assessments over the period of the budget.The capital contribution required, if any, shall be fixed
by the Board and included within and distributed with the applicable budget and notice of assessments,
as provided in this Article. The reserve amount is added to the Base Assessment. During the initial
construction of the subdivision, this process may be abated by the Board until such time as the
amenities in the common areas are substantially completed.
Section 8. Date of Commencement of Assessments. The Board will set the amount of the first
annual assessment upon the commencement of the business of the Association. The obligation to pay
the assessments provided for herein shall commence at closing or upon the issuance of a Certificate of
Occupancy("CO")and the conveyance of an Improved Lot to a person or party other than the Declarant,
or a Builder or their successors or assigns.
Section 9. Subordination of the Lien to First and Second Mortgagees. The lien of assessment,
including interest, late charges and costs (including attorney's fees) provided for herein, shall be
superior to all other subsequent liens and encumbrances except: (i) real estate tax liens on that Lot: (ii)
liens and encumbrances recorded prior to the recordation of the Declaration,and (iii) sum owed on and
owing under any mortgage or deed of trust recorded prior to the perfection of the assessment lien.The
sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot
pursuant to judicial or nonjudicial foreclosure of a first or second mortgage shall relinquish the lien of
such assessments as to payments which became due prior to such sale or transfer, unless otherwise
provided for by law. No sale or transfer shall relieve such Lot from a lien for any assessment thereafter
becoming due.Where the Mortgagee holding a first or second Mortgage of record or other purchaser of
a Lot obtains title pursuant to judicial or nonjudicial foreclosure of Mortgage, Mortgagee shall not be
liable for the share of the Common Expenses or assessments by the Association chargeable to such Lot
which became due prior to such acquisition of title, unless otherwise provided for by law. Such unpaid
share of Common Expenses or assessments shall be deemed a Common Expense, collectible from all
Owners of all the Lots, including such acquired Lot.
Section 10. Failure to Assess. Failure of the Board to fix assessment amounts or rates or to
deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification or a
release of any Owners from the obligation to pay assessments. In such event,each Owner shall continue
to pay Base Assessments on the same basis as for the last year for which an assessment was made, if
any, until a new assessment is made, at which time the Association may retroactively assess any
shortfalls in collections.
Section 11. New Owner Set Up Fee. There is a New Owner Set Up Fee in an amount to be set
annually by the Board with the annual budget. The initial amount of the New Owner Set Up Fee will be
$50.00, until changed by the Board. Said amount is payable to the Association, upon the recordation of
a new Deed to any Lot after the issuance of a CO. The fee may be assigned by the Board to a property
management company for the administrative costs associated with establishing a new Lot Owner in the
records of the Association for mailings, e-mails, accounting and other communications. The fee is
imposed on a per Lot basis to new Owners as evidenced by a Deed of conveyance to the Property in
arm's length transactions after the issuance of a CO, upon all such sales and resales. It is the intention of
this Section to exclude certain conveyances, including but not limited to, Deeds to the initial Builder on
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the Lot, Deeds of Gift between family members, bequests under a will, transfers by the Declarant, as
well as court ordered transfers.
Section 12. Exempt Property. Notwithstanding anything to the contrary herein, the following
property shall be exempt from payment of Base Assessment, Special Assessments and New Owner Set-
up Fees:
(a) All Common Area;
(b) All property dedicated to and accepted by any government authority or public entity including
without limitation public schools,public buildings, public streets,and public parks, if any;and
(c) All Unimproved Lots owned by the Declarant or a Builder or its successors and assigns.
(d) All Improved Lots owned by a Builder, so long as the Builder provides its own landscaping and lawn
care on said Lot.
ARTICLE XI
ARCHITECTURAL STANDARDS
No structure shall be placed, created or installed upon any Lot. No construction (which term shall
include within its definition staking, clearing, excavation, garaging and other site work), no exterior
alteration or modification of existing improvements, including fence and brick wall installations, and no
plantings or removal of plants, trees, or shrubs shall take place except in strict compliance with this
Article until the requirements below have been fully met, and until the approval of the Board of
Directors or the ARB has been obtained pursuant to Section 1 below. The Board of Directors shall have
the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction
decisions of the committees established in Section 1 of this Article Xl.This Article may not be amended
without the Declarant's written consent so long as the Declarant owns any land subject to this
Declaration or subject to annexation to this Declaration.
Section 1. Architectural Review Board,a Committee.The Board of Directors may establish a committee
called that Architectural Review Board ("ARB") to consist of at least two (2) and no more than five (5)
persons, all of whom shall be appointed by, and shall serve at the direction of, the Board of Directors.
At the Boards discretion, members of the ARB may include architects or similar professionals who are
not Members of the Association. The ARB, if established, and the Board of Directors shall have
jurisdiction over initial construction,modifications,additions or alterations made on or to the exterior of
existing Lots or structures, including dwellings, located, or to be located, on the Lots, and the open
space, if any, appurtenant thereto. While the Declarant owns any property subject to this Declaration,
the Declarant shall have the right to veto any action taken by the ARB which the Declarant determines,
in its sole discretion, to be inconsistent with the guidelines for construction promulgated by the
Declarant. The ARB shall promulgate detailed standards and procedures governing its areas of
responsibility and practice,consistent with those of the Declarant. In addition,the following shall apply:
plans and specifications showing the nature, kind, shape, color, size, materials, and location of such
initial construction, modifications, additions, or alterations, shall be submitted to the ARB for approval
as to quality of workmanship and design, in harmony with external design with existing structures and
location, in relation to surrounding structures, topography, and finish grade elevation. The ARB may
have required forms for submissions. The Board of Directors shall set applicable fees for ARB submittals.
If no ARB is appointed,then the Board of Directors shall act as the ARB.
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Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of ay
structure on his Lot, or to paint the interior of any structure on his Lot any color desired; provided
however, modifications or alterations to the interior of screened porches,patios, and similar portions of
a dwelling which are visible from outside the Lot shall be subject to approval. If approval of such plans
and specifications is neither granted nor denied within thirty (30) days following receipt by the ARB of
written requests for approval, the party making the submission for approval shall deliver written notice
to the ARB of its failure to act, and, if approval is not granted or denied within fifteen (15) days
thereafter, the plans and specifications shall be deemed to be approved.
Section 2. Materials. Colors and Textures, Generally. The following shall provide guidance to the
ARB when establishing rules for materials, colors and textures in different section of the Subdivision. In
Blocks 4 through 7, exterior walls shall be darker, earth tone colors, such as greens, olives and browns,
and exterior detailing will be medium values. Main roofs in Blocks 4 through 7 will be dark green or gray
color schemes. In Blocks 1 through 3, brighter or lighter color palettes may be allowed. Vinyl siding is
not permitted.
Section 3. No Waiver of Future Approvals. The approval of the ARB of any proposals or plans and
specifications or drawings for any work done or proposed, or in connection with any other matter
requiring the approval and consent of such Committee, shall not, be deemed to constitute a waiver of
any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings,
or matters whatever subsequently or additionally submitted for approval or consent.
Section 4. Compliance With Guidelines. Any contractor, subcontractor, agent, employee or other
invitee of an Owner who fails to comply with the terms and provisions of the guidelines and procedures
promulgated by the ARB may be excluded by the Board from the Property without liability to any
person,subject to the notice and hearing procedures contained in the Bylaws.
Section 5. No Liability. Review and approval of any application pursuant to this Article is made
on the basis of aesthetic considerations only, and the ARB shall not bear any responsibility for ensuring
the structural integrity or soundness of approved construction or modifications, nor for ensuring
compliance with building codes and other ornamental requirements.The Declarant, the Association,the
Board of Directors, the management company, any committee, nor member of any of the foregoing,
shall not be held liable for any injury, damages or loss arising out of the manner or quality of
construction on or modifications to any Lot.
Section 6. Set back. The building setback lines ("BSL") and/or setback requirements shown on the
Plat are set forth solely for informational purposes to show the setback requirements imposed by the
zoning ordinance of Albemarle County, in effect on the date of approval of such plat. Relief from
any violation of such setback requirements may be effectively and conclusively obtained by a variance or
variances granted by the County's Board of Zoning Appeals,or its successor governmental body.
Section 7. Procedures. Any Owner who desires to construct any structure, improvement on or
make alteration to the exterior appearance of his Lot,or the improvements thereon,and the Association
itself, if it desires to construct any improvements or make any alteration to any Lot or the Common
Area, shall submit to the Architectural Review Board the plans and specifications therefor showing (a)
the site plan showing the location of all proposed and existing structures on the Lot; (b) the exterior
elevations for the proposed structure or alteration; (c) specifications of height, color, materials and
other details affecting the exterior appearance of the proposed structure or alteration; and (d) a
description of the plans for existing and proposed landscaping or grading. In discharging its functions
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and duties, the Architectural Review Board shall endeavor to maintain and preserve the general
character and architectural compatibility Cascadia constructed by Declarant. The Architectural Review
Board may adopt procedures,forms, rules or standards as to the information it requires to be submitted
to it with any request for approval, including establishing an application fee and a review fee.
Incomplete submissions for ARB approval shall not operate to run the thirty(30)day timeframe set forth
above.
ARTICLE XII
USE RESTRICTIONS
The Association, acting through its Board of Directors,shall have authority to make and to enforce rules,
standards and restrictions governing the use of the Property consistent with this Declaration, in addition
to those contained elsewhere in this Declaration, the Board can impose reasonable user fee for use of
Common Area facilities. Such rules, regulations and use restrictions shall be binding upon all Owners,
occupants, tenants, guests, invitees, and licensees, if any, until and unless overruled, canceled or
modified in a regular or special meeting of the Association by the vote of the Members representing at
least two-thirds (2/3) of the total Class "A" votes in the Association and by the Class "B" Member, so
long as such membership shall exist.
Section 1. Signs and Flags. No billboards, signs or flags of any kind shall be erected, maintained or
displayed on any Lot except with the prior approval by the ARB. Except,that the Declarant, it successors
and/or assigns and other third party home builders may post a model home sign, lot marker signs and for
sale signs on available lots and in the common areas, until the Declarant has sold or transferred the last
Lot. All other"for sale"and/or"for rent"signs are limited to signs that are no larger than 2.5 feet in height
and width. Each Lot may only display one (1) "For Sale"or"For Rent" sign at any given time. Each Lot is
permitted to display one American Flag on a pole attached to a front porch or other first floor frontage
of the dwelling. Said flag shall not exceed 3 feet by 5 feet in size. Other decorative flags are not
permitted. No political or party signs supporting or opposing any candidate for political office or ballot
initiative of any kind shall be permitted on any Lot. Further, the Board of Directors shall have the
authority to promulgate such additional rules as may be necessary to regulate the use and display of
signs of any kind erected on a Lot or the Properties of the Common Areas.
Section 2. Parking and Prohibited Vehicles.
(a) Parking. Each Lot is required to utilize garage and driveway parking to the
fullest extent,first and foremost,for parking their automobiles. Vehicles owned, leased or operated by
an Owner or an occupant or his or her tenant, guest, family member or other invitee shall be parked
only in the garage or driveway serving the Lot, or in such other paved areas as have been designated by
the Board of Directors for parking vehicles. A maximum of two (2)vehicles may be parked outside the
garage on any paved area, if any,of a Lot. On-street parking in Cascadia shall be as determined by the
Board of Directors in accordance with this Declaration. No garage shall be enclosed, modified or
otherwise used so as to reduce its capacity for parking vehicles below that originally approved by the
Declarant.
(b) Prohibited Vehicles. Commercial vehicles,vehicles with commercial writing on their
exteriors, vehicles primarily used or designed for commercial purposes, tractors, mobile homes,
recreational vehicles, including golf carts and all-terrain vehicles,trailers(either with or without wheels),
campers, camper trailers, boats, and other watercraft, and boat trailers shall be prohibited on the
Properties, unless completely enclosed in a garage and not visible from adjacent Lots or Common Area
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property. Stored vehicles which are either obviously inoperable or do not have current operating
licenses, license plates, registration or permits, shall not be permitted on the Property except within
enclosed garages. Vehicles that become inoperable while on the Property must be removed within
seventy-two(72) hours thereof. For purpose of this Section a vehicle shall be considered"stored" if it is
put up on blocks or covered with a tarpaulin and remains on blocks or so covered for fourteen (14)
consecutive days without the prior approval of the Board. Notwithstanding the foregoing, service and
delivery vehicles may be parked in the Property during daylight hours for such periods of times as is
reasonably necessary to provide service or to make a delivery to a Lot. In addition, campers and RV are
permitted for a twenty-four(24)hour period,for the sole purposes of temporary loading and unloading,
so long as such camper or RV fits within the Owner's driveway along with all other vehicles of the
Owner. Any vehicle parked in violation of this Section or parking rules promulgated by the Board may
be towed in accordance with the Bylaws, Declaration,or, Rules and Regulations adopted by the Board.
Section 3. Occupants Bound. All provisions of the Declaration, Bylaws, any applicable
Supplemental Declarations, and rules and Regulations promulgated pursuant thereto which govern the
conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants,
residents,tenants,guests and invitees(collectively"Occupants")of any Lot. Every Owner shall cause all
Occupants of his or her Lot to comply with the Declaration, Bylaws, any applicable Supplemental
Declaration, and all Rules and Regulations of the Association. Every Owner shall be responsible for all
violations and losses to the Common Areas caused by such Occupants, notwithstanding the fact that
such Occupants of a Lot are fully liable and may be sanctioned for any violation of the Declaration,
Bylaws,and Rules and Regulations adopted pursuant thereto.
Section 4. Animals and Pets. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept on any portion of the Properties, except that dogs, cats, or other usual and common
household pets, not to exceed a total of three(3) pets, may be permitted in a Lot. No pets shall be kept,
bred or maintained for any commercial purpose. All pet animals must be secured by a leash or lead and
under the control of a responsible person and obedient to that person's command at any time they are
permitted outside a residence on the Lot or Common Area. Animals may be off leash in an Owner's
fenced yard, so long as the fence is able to contain the pet and the pet is still under the control of a
responsible person and not left unattended outdoors while no one is home. Animals shall not be left
outdoors overnight. Animals may not be tied up or penned up outside. Each Owner shall be strictly
liable to each and all remaining Owners, their families, guests, permittees and invitees and to the
Association, for any and all damage to person or property caused by any such pet brought upon or kept
on the Properties by such Owner or by his family, guests, permittees, or invitees. Each Owner keeping
pets on his or her Lot will comply with all requirements of law applicable to such animal. Each Owner or
resident shall be responsible at all times to clean up any waste of their pet anywhere on the Property.
The Board of Directors shall have the power to adopt, publish,amend and enforce Rules and Regulations
governing the keeping of pets by members of the Association and their families and guests and to
establish penalties for the infraction thereof, to the extent such Rules and Regulations do not conflict
with this provision.
Section 5. Quiet Eniovment. No portion of the Property shall be used, in whole or in part,for
the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition
or that will be obnoxious to the eye;nor shall any substance,thing,or material be kept upon any portion
of the Property that will emit foul or obnoxious odors or that will cause any noise or other condition that
will or might disturb the peace, quite, safety, comfort, or serenity of the occupants of surrounding
property.
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No noxious, illegal,or offensive activity shall be carried on or upon any portion of the Property, nor shall
anything be done thereon tending to cause embarrassment, discomfort,annoyance, or nuisance to any
person using any portion of the Property.There shall not be maintained any plants or animals or devices
or things of any sort whose activities or existence in any way is noxious, dangerous, unsightly,
unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property. No outside
burning of wood, leaves, trash, garage or household refuse shall be permitted within the Property. No
speaker, horn, whistle, bell or other sound devices, except alarm devices used exclusively for security
purposes, shall be installed or operated on any Lot. The use and discharge of firecrackers and other
fireworks is prohibited on the Property.
Section 6. Unsightly or Unkempt Conditions. It shall be the responsibility of each Owner to
prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her Lot.
The pursuit of hobbies or other activities, including specifically, without limiting the generality of the
foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might
lend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any
part of the Property. Notwithstanding the above, the disassembly and assembly of motor vehicles to
perform repair work shall be permitted provided such activities are not conducted on a regular or
frequent basis, and are either conducted entirely within an enclosed garage or,if conducted outside, are
begun and completed within twelve(12) hours.
Section 7. Antennas. Except as otherwise provided by law, including the Federal
Telecommunication Act of 1996 and the rules promulgated by the Federal Communications Commission
pursuant thereto, no satellite dishes or antennas shall be allowed on any Lot. To the extent it is
reasonable,the preferred location and installation site for permissible satellite dishes and antennas shall
be only in the rear of a dwelling or in the rear portion of the Lot. If such preferred locations preclude
the receipt of an acceptable quality on any Lot, then the Owner should use his or her best efforts to
install the equipment in the most innocuous location available here an acceptable quality signal can be
received. Satellite dishes which are one meter or less in diameter should be reasonable screened from
view from any other Lot or Common Area.
Section 8. Driveway. All homes constructed on the Property shall be accessed by a driveway
of a type and quality in keeping with the requirements of Section 31 hereof.
Section 9. Clothesline, Garbage Cans,Tanks. Etc. No clotheslines shall be erected or installed on
the exterior portion of any Lot and no clothing, linens or other material shall be aired or dried on the
exterior portion of any Lot. All garbage cans, above ground storage tanks, wood piles, yard equipment
and other similar items on Lots shall be screened. All rubbish, trash, and garbage shall be stored in
appropriate containers approved pursuant to Article XI hereof and shall regularly be removed from the
Property and shall not be allowed to accumulate thereon.
Section 10. Subdivision of Lot, Time Sharing and Leases. No Lot shall be subdivided or its boundary
lines changed except with the prior written approval of the Declarant, during the Declarant Control
Period,or by the Board of Director of the Association after the Declarant Control Period. The Declarant,
however, hereby expressly reserves the right to repeal or re-subdivide any Lot or Lots owned by
Declarant. Any such division, boundary line change, or repeal shall be subject to the applicable
subdivision and zoning regulations of the County
No Lot shall be made subject to any type of timesharing, fraction sharing or similar program whereby
the right to exclusive use of the Lot rotates among members of the program on a fixed or floating time
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schedule over a period of years, except that the Declarant hereby reserves the right for itself and its
assigns to operate such a program with respect to the Lot it owns. No lease shall be less than three (3)
consecutive months in term and follow the rest of the terms set forth in Article II,Section 2.
Section 11. Firearms; Bows and Arrows. The discharge of firearms or bows and arrows within
the Property is prohibited. The term"firearms" includes"BB"guns, pellet guns,and other firearms of alt
types, regardless of size. Notwithstanding anything to the contrary contained herein or in the Bylaws,
the Association shall not be liable for the acts of any Owner, their guests, tenants or invitees, whose
actions are in violation of this Section, not shall the Association be obligated to take action to enforce
this Section.
Section 12. Pools. No above ground swimming pools shall be erected, constructed or
installed on any Lot. Jacuzzis, whirlpools, or spas approved pursuant to Articles XI shall not be
considered an above ground pool for the purposes of this Section.
Section 13. Irrigation. No sprinkler or irrigation systems of any type which draw upon water
from creeks, streams, rivers, ponds, wetlands, canals or other ground or surface waters within the
Property shall be installed, constructed or operated within the Property except that the Declarant and
the Association shall have the right to draw water from such sources for the purpose of irrigating the
Area of Common Responsibility. This Section 13 shall not apply to the Declarant, and it may not be
amended without Declarant's written consent so long as Declarant has the right to add property in
accordance with this Declaration.
Section 14. Tents, Mobile Homes and Temporary Structures. Except as may be permitted by
the Declarant during initial construction within the Property, no tent, shack, mobile home, or other
structure of a temporary nature shall be placed upon a Lot or any part of the Property. The foregoing
prohibition shall not apply to restrict the construction or installation of a single utility or similar
outbuilding to be permanently located on a Lot, provided it receives the prior approval of the Declarant
or ARB, as appropriate, in accordance with Article XI thereof. In addition, party tents or similar
temporary structures may be erected for a limited period of time for special event with prior written
approval of the Board.
Section 15. Drainage and Septic Systems. Catch basins and drainage areas are for the purpose of
natural flow of water only. No person may obstruct or re-channel the drainage flow after location and
installation of drainage swales, storm sewers, or storm drains without the Declarant's express written
permission. Declarant hereby reserves a perpetual easement across the Property for the purpose of
altering drainage and water flow.This perpetual easement is retained by the Declarant for so long as the
Declarant owns any property subject to this Declaration. Thereafter,this perpetual easement is hereby
assigned to the Association. Septic tanks and drain fields are not allowed on the Property, unless
permitted by the Declarant and approved by the County. No Owner or Occupant shall dump grass
clippings, leaves or other debris, petroleum products, fertilizers or other potential hazardous or toxic
substances, in any drainage ditch,storm drain,stream or pond within the Property.
Section 16. Tree Removal. No trees shall be removed, except diseased or dead trees for safety
reasons, or to address sight distance issues in Section 17, unless approved in accordance with Article XI
of this Declaration. In the event of an intentional or unintentional violation of this Section, the violator
may be required, by the committee having jurisdiction, to replace the removed tree with one (1) or
more comparable trees of such size and number, at the sole expense of the violator, and in such
locations, as such committee may determine necessary, in its sole discretion,to mitigate the damage.
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Section 17. Sight Distance at Intersections. All property located at street intersections shall be
landscaped so as to permit safe sight across the street corners. No fence, wall, hedge,or shrub planting
shall be placed or permitted to remain where it would create a traffic or sight problem.
Section 18. Lighting.
(a) Holiday Lighting and Decorations. Except for traditional holiday decorative lights,
which may be displayed for one (1) month prior to and fifteen (15) days after any commonly recognized
holiday for which such lights are traditionally displayed, all exterior lights must be approved in
accordance with the Article XI of this Declaration. The right of Owners to display lighting as provided for
herein shall not be abridged, except that Association may adopt reasonable time, place and manner
restriction for the purpose to minimizing damage and disturbance to other Owners and Occupants.
Exterior decorations that play music or other sounds are prohibited at all times.
(b) Street Lighting. The streets will only be gently lit by the lamp post lights located on each
Lot. These post lights shall be activated by a photo-sensor at each house. Owners must ensure that
their post lamp is operating correctly and must replace burned out bulbs promptly. Corner mounted
spot lights and other obtrusive lighting are not permitted.
Section 19. Artificial Vegetation, Exterior Sculpture, and Similar Items. The rights of Owners to
display signs, symbol and decorations, including religious and holiday items, on their Lots of the kinds
displayed in or outside residences located in similar residential neighborhoods shall not be abridged,
except that the Association may adopt reasonable time, place and manner restriction for the purpose
for minimizing damage and disturbance to other Owners and Occupants.
Section 20. Energy Conservation Equipment.No solar energy, collector panels, windmills, wind
generators, other apparatus for generating power, or, the attendant hardware, shall be constructed or
installed on any Lot unless it is an integral and harmonious part of the architectural design of a
structure,as determined in the sole discretion of the ARB or the Board pursuant to Article XI hereof.
Section 21. Playground. Jungle gyms, swing sets, trampolines, or similar moveable playground
equipment are permitted; however, the ARB may impose certain screening requirements depending
upon the viability from any street or road.
Section 22. Fences. No dog run or animal pens of any kind shall be permitted on any Lot.
Fences and brick walls must be approved by the ARB. Fence styles and types are governed by Design
Guidelines adopted by the Board of Directors.
Section 23. Business Use. No garage sale, estate sale, moving sale, rummage sale or similar
activity and no trade or business may be conducted in or from any Lot, except that an Owner or
Occupant residing in a Lot may,as determined and approved in the sole discretion of the Board,conduct
business activities within the Lot so long as: (a) the existence or operation of the business activity is not
apparent or detectable by sight, sound or smell from outside the Lot; (b)the business activity conforms
to all zoning requirements for the Properties; (c) the business activity does not involve regular visitation
of the Lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of
residents of the Properties; and, (d) the business activity is consistent with the residential character of
the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the
security or safety of other residents of the Properties.
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•
The term "business" and "trade", as used in this provision, shall be construed to have their ordinary,
generally accepted meanings, and shall include, without limitation, any occupation, work or activity
undertaken on an ongoing basis which involves the provision of goods and services to persons other
than provider's family and for which the provider receives a fee, compensation, or other form of
consideration, regardless of whether: (i) such activity is engaged in full or part time; (ii) such activity is
intended to or does generate a profit; or(iii)a license is required thereof.
Notwithstanding the above, the leasing of a Lot shall not be considered a trade or business within the
meaning of this Section. This Section shall not apply to any activity conducted by the Declarant or
conducted by a Builder with approval of the Declarant, with respect to its development and sale of the
Property or its use of any Lots which it owns within the Property.
Section 24. On-Site Fuel Storage. No on-site storage of gasoline, kerosene or fuel oils shall be
permitted on any part of the Property except that up to five (5) gallons of fuel may be stored on each
Lot for emergency purposes and operations of lawn mowers and similar tools or equipment, and the
Association shall be permitted to store fuel for operation of maintenance vehicles,generator and similar
equipment. Standard ten pound propane fuel tanks (grill size) are permitted. Larger propane tanks
must be in-ground or screened,and such screening must be approved by the ARB.
Section 25. Leasing of Lots.
(a) Definition. "Leasing," for purpose of this Declaration, is defined as regular, exclusive
occupancy of a Lot by any person or persons other than the Owner for which the Owner receives any
consideration or benefit,including, but not limited to a fee,service,gratuity,or remuneration.
(b) Leasing Provision.
General. Lot may be rented only in their entirely; no fraction or proportion may
be rented. All leases shall be in writing and shall be subject to the terms set forth in Article II, Section 2.
Notice of any lease, together with such additional information as may be required by the Board, shall be
given to the Board by the Lot Owner within ten (10) days of execution of the lease. The Owner must
make available to the lessee copies of the Declaration,Bylaws,and the Rules and Regulations.The Board
may adopt reasonable rules regulating leasing and subleasing.
ii. Compliance with Declaration, Bylaws and Rules and Regulations. Every Owner
shall cause all occupants of his or her Lot to comply with the Declaration, Bylaws, any applicable
Supplemental Declaration, and the Rules and Regulations adopted pursuant to the foregoing, and shall
be responsible for all violations and losses to the Common areas caused by such occupants,
notwithstanding the fact that such occupants of a lot are fully liable and may be sanctioned for any
violation of the Declaration, Bylaws,and the Rules and Regulations adopted pursuant to the foregoing.
Section 26. Laws and Ordinances. Every Owner and Occupant of any Lot,their guests and invitees,
shall comply with all laws, statues, ordinances and rules of federal, state and local government
applicable to the Properties and any violation thereof may be considered a violation of this Declaration;
provided, the Board shall have no obligation to take action to enforce such laws, statutes, ordinances
and rules.
Section 27. Single Family Occupancy. No Lot shall be occupied by more than a single family,
unless such lot has a legally approved accessory apartment. For purposes of this restriction, a single
family shall be defined as any number of persons related by blood, adoption or marriage, living with no
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•
more than three (3) person who is not so related, as a single household Lot, and the household
employees of either household Lot.
Section 28. Door and Windows. No "burglar bars," steel or wrought iron bar, or similar fixtures,
whether designed for decorative, security or other purposes shall be installed on the exterior of any
windows or doors of any dwelling. No signs, numerals or other writing shall be written on or placed on
the doors or windows of any dwelling, either temporary or permanently, except that the Board may, at
its discretion, permit house numbers to be written temporarily on a single window of a dwelling while
Occupants are moving in, provided such numbers are removed within seventy-two (72) hours after the
Occupants have taken occupancy. All windows of an occupied dwelling on a Lot which are visible from
the street or other Lots shall have draperies, curtains, blinds or other permanent interior window
treatments, and all portions thereof which are visible from outside the dwelling shall be white or off
white in color, unless otherwise approved in writing by the Board. Sheets or similar temporary window
treatments may be used for a short time after taking occupancy of a dwelling, provided they are
removed and replaced with permanent window treatments within a reasonable time after taking
occupancy of the dwelling,as determined in the sole discretion of the Board of Directors.
Section 29. Utility Lines. No overhead utility lines, including lines for cable television, shall be
permitted within the Property, except for temporary lines as required during construction and high
voltage lines if required by law or for safety purposes.
Section 30. Exterior Building Materials. With respect to dwellings on Lots: a) the exterior of all
exposed foundation shall be clad in brick, stone, parged or painted; and b) the exterior wall shall be
cement siding, brick, cultured stone, synthetic stucco, or a combination of these materials. Soffits,
fascia and columns may be vinyl/vinyl wrapped,or,aluminum/aluminum wrapped.
Section 31. Driveways. Driveways on Lots shall accommodate the parking of at least one
automobile and shall either be:concrete and/or asphalt,as approved in accordance with Article Xl.
ARTICLE XIII
EASEMENTS AND RIGHT OF WAY
Section 1. Easements for Utilities, Etc. There is hereby reserved unto Declarant, so long as the
Declarant owns any property described on Exhibit "A"or "B" of this Declaration which is: (a) subject to
annexation;or, (b)which is hereinafter subjected to this Declaration,the Association,and the designees
of each (which may include, without limitation, Albemarle County and any utility), a blanket easement
upon, across, over and under all of the Property for the purpose of replacing, repairing and maintaining
cable television systems, roads, walkways, sidewalks bicycle pathways, ponds, wetlands, drainage
systems,storm water management,signage and all utilities, including, but not limited to, water, sewers,
meter boxes,telephone lines,cable and electricity, and for the purpose of installing any of the foregoing
on property which it owns or within easements designated for such purposes on recorded plats of the
Properties. Certain Public Utility Easements or "PUE" are shown on the plat and others are added by
subsequent easement. Only a full title search by an Owner will reveal all easements that impact any
particular Lot in the Property
Should any entity furnishing a service covered by the general easement herein provided request a
specific easement by separate recordable document, the Declarant and/or the Board of Directors, as
applicable, shall have the right to grant such easement over the Properties without conflicting with the
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•
terms hereof. The easements provide for this Articles shall in no way adversely affect any other
recorded easement on the Properties.
Upon the issuance of a Building Permit, the location of this blanket utility easement on that particular
Lot is then limited to areas of the Lot that are outside the proposed margins of the foundation of the
residential dwelling unit.
The Board shall have, by a two-thirds(2/3)vote, the power to dedicate portions of this Common Area to
the Albemarle County, or to any other local, state or federal governmental entity, or to a nonprofit
organization established to receive and hold real property for the purpose of the preservation of open
space,subject to such approval requirements as may be contained in Article XIII hereof or as otherwise
provided for by law.
Section 2. Easement for Hedges, Retaining Walls and Fences. Each Lot and its Owner are declared
to have an easement and the same is granted by the declarant, for encroachments on adjoining Lots or
Common Area, as the case may be, due to hedges, retaining walls or fences, if any, (which shall have
been previously approved by the Declarant), belonging to such Lot, to the extent such hedge or fence
encroaches on adjoining Lots or Common Area, provided such encroachments do not exceed one foot
(1')or interfere with the use of any improvements on the servient property. No such easement shall be
created in favor of any Owner If the encroachment occurred due to the willful misconduct of the Owner.
Section 3. Easements for Pond Maintenance and Flood Water. Declarant reserves for itself and
its successors, assigns and designees the non-exclusive right and easement, but not the obligation, to
enter upon the ponds, streams and wetlands located within the Area of Common Responsibility to fulfill
its maintenance responsibility as provided in this Declaration. Declarant's right and easements provided
in this Article shall be transferred to the Association at such time as Declarant shall cease to own
property subject to the Declaration, or such earlier time as Declarant may decide, in its sole discretion
and transfer such rights by a written instrument.
The Declarant,the Association and their designees shall have an access easement over and across any of
the Properties abutting or containing any portion of any of the ponds, streams, drainage areas or
wetlands to the extent reasonably necessary to exercise their rights and responsibilities under this
Section.There is further reserved herein and hereby, for the benefit of Declarant, the Association and
their designees a perpetual, non-exclusive right and easement of access and encroachment over
Common Areas and Lots (but not the dwellings thereon) adjacent to or within fifty feet (50') of ponds,
streams drainage areas or wetlands within the Properties, so long as such flooding does not endanger
existing structures, in order to: (a)temporarily flood and back water upon and maintain water over such
portions of the Properties; (b)fill, drain,dredge, deepen, clean,fertilize,due and generally maintain the
ponds, streams, drainage areas, and, wetlands within the Area of Common Responsibility; (c) maintain
and landscape the slopes and banks pertaining to such rivers, ponds, streams, drainage areas, and,
wetlands;and, (d)enter upon and across such portions of the Properties for the purpose of exercising its
or their rights under this Section.
Section 4. Easements to Serve Additional Property. The Declarant and its duly authorized
agents, representatives and employees, as well as its successors, assigns, licensees and mortgagees,
shall have and there is hereby reserved an easement over, under and through the Common Areas for
the purposes of enjoyment, use, access and development of the Additional Property described in Exhibit
"B" attached hereto and by this reference incorporated herein or any property hereafter subject to this
Declaration, whether or not such Additional Property is made subject to this Declaration.This easement
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includes, but is not limited to, a right if ingress and egress over the Common Areas for construction of
roads and for tying in and installation of utilities on Additional Property. Declarant agrees that it, and
its successors or assigns, shall be responsible for any damage caused to the Common Areas as a result of
vehicular traffic connected with development of the Additional Property.
Section 5. Right of Entry. The Association shall have the right, but not the obligation, to enter
upon any Lot for emergency,security and safety reasons, to perform maintenance pursuant to Article IV
hereof, and to inspect for the purpose of ensuring compliance with this Declaration, the Bylaws, any
Supplemental Declaration and the rules of the Association; provided nothing herein shall authorize any
person to enter any dwelling or other building constructed on a Lot without permission of the Owner
unless reasonably believed to be necessary to avoid an imminent threat of personal injury or personal
damage. This right may be exercised by the Association's Board of Directors, any agent or employee of
the Association acting with the authorization of the Board of Directors, and all policemen, firemen,
ambulance personnel, and similar emergency personnel in the performance of their respective duties
including the rights afforded such personnel pursuant to Article IV of this Declaration. Except in an
emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This
right of entry shall include the right, but not the obligation,of the Association to enter a Lot to cure any
condition which may increase the possibility of a fire or other hazard in the event an Owner fails or
refuses to cure the condition within a reasonable time after request by the Board.
Section 6. Temporary Construction Easements. The Declarant reserves unto itself, it successors
and assigns, temporary, alienable easements within, over and across those portion of the Lots lying
within thirty five feet(35')of the centerline of the roads, as well as within all setback, buffers, and other
easements, for the construction and grading of the roads, the cutting, filling and grading of slopes, the
installation of drainage facilities, and, the installation of all utilities. This temporary construction
easement shall terminate upon: A) the completion of the roads, the facilities appurtenant to road
construction, the utilities, and, all other subdivision infrastructure, and, B) upon the acceptance and
approval,as applicable,of the roads,the utilities,and all other subdivision infrastructure, by the County,
utility companies, or other governmental agencies, and, C)the release of all of the corresponding bonds
for such improvements.
Section 7. Encroachment. The Declarant reserves unto itself, its successors and assigns, a
perpetual and alienable easement to the extent that any structure on any other Lot or the Common
Area, whether by reason of: (a) initial design and construction, (b) deviation from the plat or plans (or
any error thereon)in the construction, repair, renovation, restoration and replacement of any structure;
or, (c)settling or shifting of any land or improvements,encroaches on an adjoining Lot or Common Area.
ARTICLE XIV
GENERAL PROVISIONS
Section 1. Term. The covenants and restrictions of this Declaration shall run with land and bind
the Property, and shall inure to the benefit of and shall be enforceable by the Association or the Owner
of any property subject to this Declaration, their respective legal representative, heirs, successors, and
assigns for a term of fifty (50 years) from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10)years.
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)
Section 2. Amendment. Prior to the conveyance of the first Lot, Declarant may unilaterally
amend this Declaration. After such conveyance,the Declarant may unilaterally amend this Declaration
at any time if such amendment is: (a) to effect technical deletions, additions and revisions to the
Declaration but which do not alter the substantive rights of those Owners or Mortgagees; (b) necessary
to bring any provision hereof into compliance with any applicable government statutes, rule or
regulation, or judicial determination; (c) necessary to enable any reputable title insurance company to
issue title insurance coverage on the Lots; (d) required by an institutional or governmental lender or
purchaser of mortgage loans, to enable such lender or purchaser to make or purchase mortgage loans
on the Lots; (e) necessary to enable any governmental agency or reputable private insurance company
to insure mortgage loans on the Lots; (f) necessary to annex any additional property into the
Association, or, (g) to effectuate the dedication of any and all roads and utilities to the respective
governmental agency or utility operator. So long as it still owns property described in Exhibits"A"or"B"
for development as part of the Property,the Declarant may unilaterally amend this Declaration for any
other purpose.Thereafter and otherwise, this Declaration may be amended only by the affirmative vote
or written consent, or any combination thereof, of Members representing sixty-six and two-third
percent (66 2/3%) of the total Class A votes in the Association, and the written consent of the Class B
Member,so long as such membership exists. In addition, the approval requirements set forth in Article
XV hereof shall be met, if applicable. This Section shall not be construed to permit the Declarant or the
Association to take any action that would have the effect of adversely affecting the rights of a Lot Owner
to direct ingress and egress to and from the Owner's Lot or effect any access to utility services to their
Lot,such was water,sewer,electric,telecommunication or other utility services that service the Lot.
Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be
less than the prescribed percentage of affirmative votes required for action to be taken under that
clause. Any amendment to be effective must be recorded in the Clerk's Office. If an Owner consents to
any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has
the authority to consent and no contrary provision in any Mortgage or contract between the Owner and
a third part will affect the validity of such amendment.
No amendment may remove, revoke or modify any right or privilege of Declarant without the written
consent of Declarant or the assignee of such right or privilege. Any procedural challenge to any
amendment to this Declaration must be filed in the County of Albemarle Circuit Court no later than one
year from the date such amendment was recorded amongst the land records of Albemarle County.
Section 3. Indemnification. The Association shall indemnify every officer, director and
committee member against any and all expenses, including counsel fee, reasonably incurred by or
imposing upon such office, director or committee member in connection with any action, suit or other
proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors)
to which he or she may be a party by reason of being or having been an officer, director or committee
member,except for events that result in a criminal charge and conviction.
The officers, directors and committee members shall not be liable for any mistake of judgment,
negligent or otherwise,except for their own individual willful misfeasance, malfeasance, misconduct or
bad faith. The officers and directors hall have no personal liability with respect to any contract or other
commitment made by them, in good faith, on behalf of the Association (except to the extent that such
officers or directors may also be Member of the Association), and the Association shall indemnify and
forever hold each such officer and director free and harmless against any and all liability to others on
account of any such contract or commitment. Any right to indemnification provided for herein shall not
Page 35 of 41
be exclusive of any other rights to which any officer, director or committee member, or former officer
director or committee member may entitled. The Association shall, as a Common expense, maintain
adequate general liability and officers'and directors liability insurance to fund this obligation.
Section 4. Severability. Invalidation of any one off these covenants or restrictions by judgment
or court order shall in no way affect any other provisions,which shall remain in full force and effect.
Section 5. Compliance. Every Owner and Occupant of any Lot shall comply with all lawful
provisions of this Declaration, the Bylaws, and the Rules and Regulations of the Association. Failure to
comply shall be grounds for an action to recover sum due, for damages or injunctive relief or for any
other remedy available at law or in equity, maintainable by the Association acting through its Board of
Directors,or, in a proper case, by any aggrieved Lot Owner or Owners. In addition, the Association may
avail itself of any and all remedies provided in this Declaration or the Bylaws. All rights, remedies and
privileges granted to the Association pursuant to any terms, provision, covenant or condition of this
Declaration, the Bylaws or state law shall be deemed to be cumulative, and the exercise of any one or
more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party
exercising the same from exercising such privileges as may be granted to such party by this Declaration
or at law or in equity. The Association shall also be entitled to receive its costs an attorney's fee in any
action brought against an Owner and/or occupant.
Section 6. Notice of Sale or Transfer of Title. In the event that any Owner desires to sell or
otherwise transfer title to his or her Lot, such Owner shall give the Board of Directors at least seven (7)
days prior written notice of the name and address of the purchaser or transferee, the date of such
transfer of title,and such other information as the Board of Directors may reasonably require. Until such
written notice is received by the Board of Directors, the transferor shall continue to be jointly and
severally responsible for all obligations of the Owner of the Lot hereunder, including payment of
assessments, notwithstanding the transfer of title to the Lot.
Section 7. Use of the Words "Cascadia" or "Cascadia Property Owners Association." No person,
Owner, Resident,or Member shall use the words "Cascadia"or"Cascadia Property Owners Association"
or any derivative thereof in any printed or promotional material without the prior written consent of the
Declarant. However, Owners may use the terms in printed or promotional matter where such term or
terms are used solely to specify that the particular property is located within Cascadia and Cascadia
Homeowners' Association, Inc., in which case Owners shall be entitled to use the words"Cascadia" and
"Cascadia Homeowners'Association, Inc."
Section 8. Gender:Singular/Plural. As used in this Declaration,the masculine gender shall include
the feminine and neuter, and vice versa, and the singular shall include the plural, and vice versa,
whenever appropriate.
Section 9. No Effect on Powers of the County or Commonwealth. Except as expressly set forth
herein or as required by law, nothing in this Declaration shall be construed to require any action with
respect to the limit of lawful authority of,or otherwise to apply to, the County or the Commonwealth of
Virginia.
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ARTICLE XV
DECLARANT'S RIGHT
Any or all of the special rights and obligations of the Declarant set forth in this Declaration or the Bylaws
may be transferred to other Persons, provided that the transfer shall not reduce an obligation nor
enlarge a right beyond that contained herein or in the Bylaws, as applicable, and provided further, no
such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly
recorded in the Clerk's Office.
Until the last Lot is sold by the Declarant, this Declaration may be amended in whole or in part by
recorded instrument bearing the signature of the Declarant. Thereafter, this Declaration may be
amended by an affirmative vote of at least sixty-six and two-thirds percent (66 2/3%) of all of the Lots
Owners then subject to this Declaration. It is noted for purposes of this Section, each Lot gets one (1)
vote, regardless of the number of individual Owners of said Lot. Such an amendment to the Declaration
shall be evidenced in writing, signed by the Board of the Association and recorded in the Albemarle
County Clerk's Office. This Declaration may otherwise be amended to address corrective matters
pursuant to the Code of Virginia Section 55-515.2.
Notwithstanding any provisions contained in the Declaration to the contrary,so long as construction and
initial sale of Lots shall continue, it shall be expressly permissible for Declarant and any Builder
designated by Declarant to maintain and carry on upon portions of the Common Area such facilities and
activities as, in the sole opinion of Declarant, may be reasonably required, convenient, or incidental to
the construction or sale of such Lots, including, but not limited to business offices, signs, model units,
and sale offices, and the Declarant and such designated Builder(s) shall have easements for access to
and use of such facilities.
So long as Declarant continues to have rights under this paragraph, no Person shall record any
declaration of covenants, conditions and restrictions or declaration of condominium or similar
instrument affection any portion of the Properties without Declarant's review and written consent
thereto. Any attempted recordation without compliance herewith shall result in such declaration of
covenants, conditions and restrictions or declarations of condominium or similar instrument being void
and no force and effect unless subsequently approved by recorded consent signed by the Declarant.
Declarant may, by an instrument recorded in the Albemarle County's Clerk's Office, release, at any time
and without the approval or consent of any other party, any of the rights reserved unto it. At the end of
the Declarant Control Period, all rights reserved unto the Declarant herein shall be deemed transferred
to the Association,for administration by the Board of the Association.
This Article may not be amended without the express written consent of the Declarant; provided,
however, the rights contained in this Article shall terminate upon the earlier of(a)fifty (50) years from
the date this Declaration is recorded, or(b) upon recording by Declarant of a written statement that all
sales activity has ceased.
EXHIBITS A and B are attached hereto.
[Signatures start on Page 38]
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IN WITNESS WHEREOF, the Declarant has executed this Declaration this b day of,DCt n)D ,
2015.
CASCADIA DEVELOPMENT,LLC,a Virginia
limited liability company
BY:
91714- -"7
Charles W. Hurt, Manager
STATE OF VIRGINIA,
CITY/COUNTY of ALBEMARLE,to wit:
This Declaration of Covenants, Conditions and Restrictions was acknowledged before me this day
of , .cecmbe./._ , 2015, by Charles W. Hurt, as Manager of Cascadia Development, LLC, a Virginia
limited liability company.
My Commission Expires:1-31-2.ai
LOIS A. HAVERSTRi► ary Pub is
Cert# k°Lk tP NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 31,2016
REGISTRATION NO.298946
TOWNE DISTRICT,LLC,a Virginia
limited liability company
BY: Are
Ballif, Manager
STATE OF VIRGINIA,
CITY/COUNTY of ALBEMARLE,to wit:
This Declaration of Covenants, Conditions and Restrictions was acknowledged before me this, day
of iisee,- b 2f , 2015, by Frank T. Ballif, as Manager of Towne District, LLC, a Virginia limited
liability company.
My Commission Expires: 1 -3 t tic
Cert# Zai k9�I kLOIS A. HAVERSTI�8
ry Public'
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 31,2016
REGISTRATION NO.298946
Page 38 of 41
ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDER
The undersigned hereby acknowledges and consents to the recordation of the foregoing Declaration of
Covenants, Conditions and Restrictions for CASCADIA SUBDIVISION (the "Declaration"), and to the
recordation of the attached Cascadia Subdivision - Phase One, Blocks 4 -7 Final Subdivision Plat (the
"Plat), and, to the imposition of the covenants, conditions and restrictions set forth therein upon the
Property and expressly acknowledges and agrees that the lien, operation and effect of the deed of trust
recorded for the benefit of each of the undersigned is hereby made subordinate to this Declaration and
any amend. The undersigned has joined herein solely for the purposes set forth above and for no other
or further purposes whatsoever. The undersigned expressly disclaim any liability or obligation
whatsoever with regard to the preparation,drafting, substance or content of this Declaration.
Carter Bank&Trust
(SEAL)
Print Name:7-- a C i
Title:
6-r--port-t, Caro/l Lt
CITY/COUNTY OF -Rock,�.3 4 wt ,to-wit:
The foregoing instrument was acknowledged before me this o"t 4 day of 6.ct.-ib r- , 2015, by
C\rf Q� « , -P for Carter Bank&Trust,on behalf of the
Bank.
My commission expires: CZ 1241 IS
Registration No.: p,4 1�
No Public
John Edward Barker
Notary Public
Rockingham County NC
My Commission Expires it/4'M's-
,
Page 39 of 41
ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDER
The undersigned hereby acknowledges and consents to the recordation of the foregoing Declaration of
Covenants, Conditions and Restrictions for CASCADIA SUBDIVISION (the "Declaration"), and to the
recordation of the attached Cascadia Subdivision - Phase One, Blocks 4 -7 Final Subdivision Plat (the
"Plat), and, to the imposition of the covenants, conditions and restrictions set forth therein upon the
Property and expressly acknowledges and agrees that the lien, operation and effect of the deed of trust
recorded for the benefit of each of the undersigned is hereby made subordinate to this Declaration and
any amend. The undersigned has joined herein solely for the purposes set forth above and for no other
or further purposes whatsoever. The undersigned expressly disclaim any liability or obligation
whatsoever with regard to the preparation, drafting, substance or content of this Declaration.
Union Service Corporation,� Trustee
By: ,(Q-((, Z�.tll (SEAL)
Print Name: D�cz�cid A. /rile
Title: 14L2 6 !'es,ia_w1`''
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF /1/geyr,9-✓Ie , to-wit:
The foregoing instrument was acknowledged before me this M day of tern.d-e,) , 2015, by
1
1)'AAnA b, Ail-e�r� , ✓'r Ce Pike S;CI 7'JJ
for Union Service Corporation,a Virginia
corporation, in behalf of the corporation as trustee.
My commission expires: !01-3 F-9-01-7 . 7 / 1 /
Registration No.: 3`�I a5-s . y t. /�.s /1 ,i
`ot. Public
I :; nECYNTHIA 8 MARTIN
Notary Public
Commonwealth of Virginia Uni an rust/
341258 ,.-/ (SEAL)
My
xPiroec32W LLL
Print Name: t....//l. E.c"4vaa7
Title: Ss2. U.' .
COMMONWEALTH OF VIRGINIA
?1)
CITY/COUNTY OF f _ y)Pyle ,to-wit:
The foregoing instrument was acknowledged before me this /b day of e0...e-„-,i7.kr., 2015, by
"1/ti t di I, c /L Ian& , 5r; thee Pre5,(4,„ " of Union Bank&Trust,on behalf of the bank.
My commission expires: I a`31 i7 . / / /
Registration No.: 3 44/a sl . —..411.21rrA A a. /
All 0.
Not; Public
CYNTHIA 8 MARTIN
Notary Public Page 40 of 41
Commonwealth of Virginia
341258 f'
8
•
EXHIBIT A: PROPERTY SUBJECT TO THIS DECLARATION.
All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia
Subdivision titled, "Final Subdivision Plat, Cascadia —Phase One, Blocks 4—7, TM 62, Parcel 25, TM 78,
Parcels 59, TM 78E, Parcel H1, Rivanna District, Albemarle County, Virginia," dated June 23, 2014, as
revised August 26, 2014, October 31, 2014, and January 9, 2015, by Dominion Engineering, and,
attached hereto, made a part hereof, and, recorded herewith in Clerk's Office of the Circuit Court of
Albemarle County,Virginia.
EXHIBIT B: ADDITIONAL PROPERTY.
Any Property, whether such property is now owned or which is subsequently owned by the Declarant
(or any successor), is adjacent or contiguous to or located within a two (2) mile radius of the property
already forming part of the Properties, as defined in the Declaration, which is described in Exhibit A
hereto, measured from the then existing boundary of the Properties. This provision is for common
Association administrative purposes. Nothing herein permits the Declarant to add to an existing
subdivision or create a subdivision of land without required County approvals. Nothing herein permits
the Declarant to alter or amend any County zoning or subdivision requirements relating to any parcel of
land. Residue shown on the Plat is intended to be part of Cascadia Subdivision, pending future
subdivision plat approvals by the County.
Page 41 of 41
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RECORD ALBECARLE IN LERK ON OFFICE OF
JANUARY 5,2016 at 10:29:19 AM-602
AS RSTATE:
ATE$0.00 QUIRED BY VLOCAL:$0.00
ALBEMARLE OUNTY,VA
JON R.ZUG C -UIT CLERK
1
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