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Home My WebLink AboutVA200600013 Agreements 2006-10-02 PREPARED BY: SCOTT KRONER, PLC,CHARLOTTESVILLE,VA SUPPLEMENT TO DECLARATION OF CONDOMINIUM OF GLENWOOD STATION COMMERCIAL CONDOMINIUM T.M. #061Y0-00-00-000B0 THIS SUPPLEMENT TO DECLARATION is made this March 24 , 2006 by SUGARAY, LLC,a Virginia liability company (the "Declarant"). Recitals: A. By Declaration of Condominium dated April 18,2005,and recorded May 25,2005,m the Clerk's Office of the Circuit Court of Albemarle County,Virginia, in Deed Book 2984, beginning at page 76 (the "Declaration"), a commercial condominium known as Glenwood Station Commercial Condominium(the "Condominium")was created with respect to the Property described therein. B. Pursuant to Article IX Option to Expand of the Declaration, the Declarant reserved the option to expand the Condominium within the Additional Land, provided that it not exceed the area described in Exhibit B of the Declaration. C. All capitalized terms used in this Supplement shall have the meanings attributed to them in the Declaration. Declaration: NOW THEREFORE,the Declarant does hereby expand the condominium to submit the land hereinafter described, in compliance with Sections 55-79-54(c)and 55-79-.63 of the Condominium Act of the Code of Virginia,which property is described as Lot B in Exhibit B Additional Land to the Declaration. Lot B is currently owned by the Declarant and is more particularly described in Exhibit A attached hereto. Attached hereto as Exhibit B, consisting of 1 sheet, is the As-Built Plats of Survey which identifies Lot B as Submitted Land and which is entitled "PHASE 2 GLENWOOD STATION, A CONDOMINIUM RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA"dated March 7,2005,revised May 11,2005,and further revised February 28,2006,prepared by Thomas B. Lincoln Land Surveyor Inc. 1 T 1 Attached hereto as Exhibit C, consisting of 5 sheets, are the Plans of Lot B entitled "GLENWOOD STATION-LOT B 943 GLENWOOD STATION LANE,ALBEMARLE COUNTY, VA"dated Mar. 13, 2006,prepared by JD Archtiectural Studio, Ltd. It is further declared that the PERCENTAGES INTERESTS of the respective unit owners in the common elements of Lot B, being the Additional Land being submitted hereby,also known as 943 Glenwood Station Lane,are set forth in Exhibit D attached hereto and incorporated herein by reference. WITNESSthe following duly authorized signature: SUGARAY,LLC,Declarant By George W. Ray,Jr., Manager COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: The foregoing instrument was acknowledged before me this 27th day of March, 2006, by George W.Ray,Jr. ,as Manager of Sugaray, LLC,a Virginia limited liability company,on behalf of the company My commission expires: aII 3 Or 206 CO otary Public 2 EXHIBIT A DESCRIPTION OF THE ADDITIONAL LAND SUBMITTED TO THE CONDOMINIUM REGIME All that certain lot or parcel of land with improvements thereon and appurtenances thereto,situated in Albemarle County,Virgmia,on the west side of State Route 631 (Rio Road), shown as Lot B,containing 73,939 square feet, of Glenwood Station, on a plat by Thomas B. Lincoln Land Surveyor Inc, dated May 5, 2004, revised June 18, 2004, and recorded August 6, 2004 in the Clerk's Office of the Circuit Court of the County of Albemarle,Virginia in Deed Book 2815,Page 67;and being the same property conveyed to Sugaray,LLC,by deed from Parkside I,LLC,dated June 6,2005,and recorded July 1,2005 in the aforesaid Clerk's Office in Deed Book 3015,page 428. Lot B is commonly known as 943 Glenwood Station Lane. EXHIBIT B AS-BUILT PLATS OF SURVEY Plat consisting of 1 sheet entitled "PHASE 2 GLENWOOD STATION, A CONDOMINIUM RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA dated March 7, 2005, revised May 11, 2005, revised February 28,2006,prepared by Thomas B. Lincoln Land Surveyor Inc. • • 5 ''a 00L.3181 PS_ fit"? PHASE 2 TITLE REFERENCES FOR TITLE REFERENCES GLENWOOD STATION, A CONDOMINIUM TMP 81Y•A-101 THROUGH 61Y-A-304 TMP 81Y-B: RIO MAGISTERIAL DISTIRCT GLENWOOD STATION CONDOMINIUMS SUGARAY, LLC ALBEMARLE COUNTY; VIRGINIA VARIOUS OWNERS -iCHLOTTE BERKMAR CIE, D.B. 2984 P. 76-137 PLAT CHARLOTTESVILLE, 1 e1 Y' SCALE: 1' = 50' MARCH 7, 2006 D.B. 2834 P. 110 D.B. 3015 P. 428 I•1, :,0 RI VISED: MAY 11, 2005 D.B. 2828 P. 337 D.B. 2615 P. 67 PIA Rf'VISED: FEBRUARY 28, 2006 D.B. 2822 P. 711 ACSA D.13, 2472 P. 186, 18 D.B. 2822 P. 694 ACSA D.B. 606 P. 555 LEGEND) D.B. 2822 P. 662 ACSA O.B. 2820 P. 359 CB • CONDUIT BOX- D.B 2820 P. 349 EC • ELECTRIC CONDUIT D.B. 2820 P. 329 FH • FIRE HYDRANT D.B. 2815 P. 67 PLAT IF • IRON FOUND D.B. 2472 P 185. 188 PLAT 1$ • IRON SET D.B. 896 P. 858 PKNS • P-K NAIL SET D.B. 617 P 527 PLAT SOMH • STORM DRAIN MANHOLE D.B. 580 P. 27 RWSA (NOT SHOWN) SFH • SIAMESE FIRE HYDRANT D.B. 495 P. 608 SMH • SANITARY SEWER MANHOLE D.B 449 P. 402 VT&T (NOT SHOWNI TB • TELEPHONE BOX D.B. 402 P. 63 VEPCO (SHOWN) TMH • TELEPHONE MANHOLE w• D.B. 393 P. 23 VEPCO (SHOWN) ' TP = TELEPHONE PEDESTAL a D.B 392 P 133 VT&T (NOT SHOWN) TR • TRANSFORMER (ELECTRIC) ‘ D.B. 286 P. 372 VT&T (NOT SHOWN) TTR • TELEPHONE TRANSFORMER 4• D.B. 210 P. 897-598 VPSC (NOT SHOWN) UP • UTILITY POLE •1y -WM • WATER METER ' WV • WATER VALVE . A R•1361.39' A•181.08' T•80.63' VARIABLE WIDTH 15' VEPCb AND C•160.98' DRAINAGE EASEMENT • VT&T UTILITY S51'06.19'E CB.S49.28'41•E STATE ROUTE 631 D.B. 2822 P 711 EASEMENT 94.04' DELTA. 6'40'61• RIO ROAD D.B. 2815 P. 87 PLAT 10'PARKING D.B. 393 SETBACK P. 23, 25 PLAT :)SKIABLE WIDTH PK S H 6,00' • .Ik .r -„ t 1 1F 1« ,/1--- I �� TP..'' ...1 - �1- • 30' BSL �\ - c T.26.63' 4„ DDITIONAL BSL_LTA COMP_V WITH BULING HE .3•[Z SDMH GI C.57.05' 1 -- ; ----f/- I ' OB•S67.82'64"E z, n ce amp DELTA. 2.21'22' 5.rp < TT'pBUILDNG A 1R.701,5UNITS 101 THROUGH 304 TTP „ j i-. r SUBSTANTIALLY 7:• 9 UN u L COMPLETED 1• 114 EC 54126.26' rallidlliti Z WALL K • 0� - 131.26' TOTAL 4 PK n. I T� 7 �� SDMH 1 1� I�� 9,9 WM'e 4 - It MP 61Y-A-101 THROUGH : ; 1 yl VEPCO EASEMEIS7 TMP 61Y A 304 ;'-W ,,'- W• 1- TMP 61 D.B. 402 P. 53, 54 PLAT LOT A V BASKETBALL 66,717 S.F. , w1� �wZ r-- n SUBMITTED LAND 4;1 , _ M j_, i' ACCESS AND RECREATION "I BO BSL ! -- EASEMENT (SEE PHASE I I --` POINT OF�,�� $ H 8'X46' GLENWOOD STATION,"A `l BEGINNING 41 PARKING 4 CONDOMINIUM PLAT DATED I. _ PKNS ISPACE OCTOBER 28, 2004 LAST ) PARKING AND '"REVISED MAY 11, 2005) ;a" \ ACCESS EASEMENT** KN $ '27.a84 VgWMH ' IS•:,k 4 162.49' " 10642' y • TMP • i ;' / pKNSP ALDERSGATE UNITED METHODIST CHURCH. 1 ff!!f •• D.B 963 P. 359-361 PLAT 10 PARKIN. w• IMP 61Y•D • / ACCES: ZONE CO 1°• MARBLEHEAD, LLC • N50.12'46"W .11`•EASEME • D.B. 2841 P. 719 288.21' TOTAL co 7 • 1 D.B. 2818 P. 70-78 PLAT d CROSS-PARKING mn 1 D.B. 2472 P. 185 PLAT �� . / EASEMENT D.B. 2815 P 67 PLAT 4.° 4. LOT 0 �• TMP 61Y-E LEGAL•DESCRIPTION FOR LOT" GLENWOODr ATION 4/ /MARBLEHEAD• LLC LOT E� i % / D.B. 2876 P 399 IS COMMENCING AT THE POINT OF BEGINNING,61,A P-K NAB `• / ' D.B. 2820 P 329 SET AT A CORNER WITH LOTS B, D, AND E AND LYING IN t /\ D.B. 2472 P 185 PLAT THE CENTER OF GLENWOOD STATION LANE:.. THENCE LEGAL DESCRIPTION FOR LOT B GLENWOOD'STATION: O. LEAVING SAID LANE A LINE WITH LOT D NORTH 50'12'46" WEST, A DISTANCE OF 182.09 FEET:TO AN IRON SET; THENCE COMMENCING AT THE POINT OF BEGINNING 11, A CORNER WITH NORTH 25'17'00' EAST, A DISTANCE OF 252.02 FEET TO AN D AND E AND LYING IN THE CENTER OF GLENWOOD STATION L IRON ON THE SOUTHERN MARGIN OF THE STATE ROUTE 631 WITH SAID LANE NORTH 78'18'15' EAST, A DISTANCE OF 27.94 RIGHT OF WAY AND THE BEGINNING OF A CURVE HAVING A SET AT TO THE BEGINNING OF A CURVE TANGENT TO SAID LIN RADIUS OF 1387.39 FEET, AN ARC OF 57.08 FEET, A TANGENT RADIUS OF 188.00 FEET, AN ARC OF 113 43 FEET, A TANGENT OF 28.53 FEET, A CHORD.OF 57.05 FEET. A CHORD BEARING OF CHORD OF 111.72 FEET, A CHORD BEARING OF NORTH 60'59'09' SOUTH 67'52'54' EAST, AND A DELTA OF 2.21'22" TO AN IRON DELTA OF; 34'34'12' TO A P-K NAIL SET; THENCE NORTH 43.4 SET, THENCE CONTINUING WITH SAID RIGHT OF WAY TANGENT TO SAID CURVE. A DISTANCE OF 131.26 FEET TO A P SOUTH 61'0609' EAST, A DISTANCE OF 94.04 FEET TO AN IRON A CORNER LYING ON THE SOUTHERN MARGIN OF THE STATE RI .3 SET AT THE BEGINNING OF A CURVE HAVING A RADIUS OF RIGHT OF WAY; THENCE WITH SAID RIGHT OF WAY A CURVE H 1381.39.FEET, AN ARC OF 161,08 FEET, A TANGENT OF 60.63 OF 1387.39 FEET. AN ARC OF A DISTANCE OF 82.14 FEET, A TI • ', FEET, /I CHORD OF 160.98 FEET, A CHORD•BEARING OF FEET, A CHORD OF 82.13 FEET, A CHORD BEARING OF SOUTH SOUTH 49'26'41" EAST AND A DELTA OF 8'4 61 TO A P-K NAIL AND A DELTA OF 3'23'32" TO AN IRON; THENCE CONTINUING W SET AT A CORNER WITH LOT B; THENCE LEAVING SAID RIGHT WAY A CURVE HAVING A RADIUS OF 1084.74 FEET, AN ARC OF OF WAY AND.ALONG THE CENTERLINE OF GLENWOOD STATION TANGENT OF 84.83 FEET, A CHORD OF 168.75 FEET, A CHORD • LANE SOUTH 43.42'03'.WEST, A DISTANCE OF 125.26 FEET TO A SOUTH 38'16'47" EAST, AND A DELTA OF 8'55'20' TO AN IRO P-K NAIL SEY AT THE BEGINNING OF A CURVE TANGENT TO SAID THENCE LEAVING SAID RIGHT OF WAY WITH LOT C SOUTH 39'. • LINE HAVING A RADIUS OF 188.00 FEET, AN ARC OF 113.43 FEET, DISTANCE OF 254.76 FEET TO AN IRON SET ON THE PROPERTY A TANGENT OF 58.50 FEET A CHORD OF 111.72 FEET. A CHORD HILL CHARLOTTESVILLE ASSOCIATES, LLC, THENCE WITH THEI BEARING OF SOUTH smarm" WEST, AND A DELTA OF 34'34'12' NORTH 50'21'03' WEST, A DISTANCE OF 128.34 FEET TO AN (RI TO A P-K NAIL SET: THENCE SOUTH 7896'15' WEST TANGENT NORTH 81'28'00" WEST, A DISTANCE OF 92.52 FEET TO AN IRC TO SAID CURVE, A DISTANCE OF 27.94 FEET TO A P-K NAIL SET THENCE WITH SAID LOT NORTH 39'47'14' EAST,A DISTANCE OF AT THE POINT OF BEGINNING. CONTAINING 88.717 SQUARE FEET, P-K NAIL SET; THENCE NORTH 60'12'46' WEST. A DISTANCE 0 o S r_--_..-' ---------- ------_. ..-----_.._. • '-"Dee ak.3181 75• 3/S I HEREBY•CERTIFY THAT THIS CONDOMINIUMIRVEY, TO THE BEST OF MY VICINITY MAP N.T.S PROFESSIONAL KNOWLEDGE AND BELIEF, IS T,DRRECT AND COMPLIES Ze ALBEMARLE WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE J�� SQUARE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND PO SHOPPING SURVEYORS AND CERTIFIED LANDSCAPE ARCHITECTS. I ALSO CERTIFY THAT ,3'. CENTEA THE BOUNDARY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY FASHION IRONS TO BE SET AT ALL NEW LOT CORNERS BY DECEMBER 31, 2006. SQUARE MALL RAIITREE ZONED:PRD PER NMD-2004.018 WITH SPU SUBDIVISION SITE COMMERCIAL SETBACKS (LOTS A-CI: • FRONT (AT R/W)-10' PARKING AND 30'BUILDING SQUIRE HILL NORTHFIELDS (EXCEPT 3 STORY BUILDINGS.441 APARTMENTS SIDE-0' f••' _ SUBDIVISION REAR-0' f 't CHAPEL HILL 'ADJACENT TO RESIDENTIAL.5 BUILDING 20' PRESERVATION BUFFER'A 6 APPLIES SUBDIVISION AT BOUNDARY WITH SQUIRE HILL APARTMENTS **PARKING AND ACCESS fp p EASEMENT (SEE PHASE I '�' `1 GLENWOOD STATION, A -.• At) CONDOMINIUM PLAT DATED OCTOBER 28. 2004 LAST •'. REVISED MAY N, 2005) 1441476 4' ,. • F r • • E4' At bITIONAL BSL ' (TO COMPLY WITH BUILDING HEIGHT/ I -:POINT OF BEGINNING 12 ITM • i( ` ! 111-1.L •SAiii 1j.w. 7+ . . 0'T \ .23636.00' PARKING AREA C.461.21' I. \ CB.S21'32'39"E DELTA. 24.32'64' \ Acl 0 IMP S \ PARKSIDE IDE I, LLC 890 BERKMAR CIRCLE \ CHARLOTTESVILLE, VA 22901 WV D.B. 2472 P. 185, 188 PLAT I •SMN' = 839.47'14'W \ t AND 254.76' N.LOT C 61,358 S.F. \ — - ADDITIONAL LAND •SMH \ `-----.�� TE , _____-'- • • •- �— IF SERVATION BUFFER AND PARKING SETBACK N67 1'07 �` I 4' IS 133.43' _ oil op `f N50'21' 3' 61.77' • L IF " • • IMP 61-129E DIRE HILL APARTMENTS SQUIRE HILL . LE COLN CHARLOTTESVILLE CERT. NO. 1320 ASSOCIATES, LLC ' D.B 816 P. 445.451. E.../2 /00 ZONE R-15 •'�/ iVE DATA: •a BUBV 0 R.1387.39' A.82.14' T.41.08'. SURVEYOR'S CERTIFICATE. 12.13'CB.S/4.26'32y DELTA. 3'23'32" R.1084.74' A.168.92' 7.84.61 I HEREBY CERTIFY THAT THIS IS A CORRECT AND 68.75'C8.838.16'47'E DELTA. 8.66'20` ACCURATE PLAT, THAT THIS PLAT IS IN COMPLIANCE WITH SUBSECTION 55.79.581A) VIRGINIA CODE ANNO R.188.00' A.113.43' T•68.60' AND THAT ON FEBRUARY 28, 2006, I SURVEYED THE 1L72' CB•S60'59'09'W DELTA. 34'34'12" PROPERTY SHOWN ON THIS PLAT AND THAT THERE • ARE NO VISIBLE EASEMENTS OR ENCROACHMENTS OTHER THAN AS SHOWN OR NOTED HEREON. I iAL DESCRIPTION FOP LOT C GLENWOOD STATION, FURTHER CERTIFY THAT ALL UNITS OR PORTIONS THEREOF DEPICTED HEREON HAVE BEEN SUBSTANTIALLY MMENCING AT THE POINT OF BEGINNING/2, AN IRON SET AT A COMPLETED. RNER WITH LOT B AND LYING'ON THE SOUTHERN MARGIN OF 2)Z.3/ STATE ROUTE II3.1.RIGHT OF WAY: THENCE WITH SAID RIGHT WAY A CURVE HAVING A RADIUS OF 1084.74 FEET. AN ARC OF TH8M7C3 Lli'I SIOOLN C.L.S. DATE 1.76 FEET, A TANGENT OF 206.00 FEET. A CHORD OF 481.21 FEET, VA, NO 1326 ;HORI) BEARING OF SOUTH 21'32'39' EAST, AND A DELTA OF 24.32'54' AN IRON; THENCE LEAVING SAID RIGHT OF WAYE NORTH 50•21'03 WEST, ESTHOMAS B. LINCOLN LAND SURVEYOR INC. )ISTANCE OF 273.26 FEET TO AN IRON: THENCE NORTH 30.2t'03" WEST, )ISTANCE OF 13343 FEET TO AN IRON SET AT A CORNER WITH LOT B. 682 BERKMAR CIRCLE INCE WITH SAID LOT NORTH 39'47'14'EAST. A DISTANCE OF 254.76 FEET CHARLOTTESVILLE, VIRGINIA 22901 TTHE POINT OF BEGINNING.,CONTAINING 61,358 SQUARE FEETESS. , MORE 484-974-1417 • I. . EXHIBIT C PLANS Plans consisting of 5 sheets entitled "GLENWOOD STATION - LOT B 943 GLENWOOD STATION LANE,ALBEMARLE COUNTY,VA"dated Mar. 13,2006, prepared by JD Architectural Studio, Ltd. S EXHIBIT D PERCENTAGE INTERESTS for Submitted Land, being Lot B,known as 943 Glenwood Station Lane Unit No. Square Footage Percentage Interest 101 1,676 square feet 8.61% 102 1,416 square feet 7.28% 103 1,762 square feet 9.05% 104 1,327 square feet 6.82% 201 1,413 square feet 7.26% 202 1,521 square feet 7.82% 203 1,860 square feet 9.56% 204 1,508 square feet 7.76% 301 6,971 square feet 35.84% TOTAL= 100% • • 4 Fti r-!G , N. r ml 1_ 7tr1 ro I 'f _s--4L. I s_,p 10. I 1s 1.10. {f—;r---0l-� I r$ I:a .1. 43-1 1 as -.....-r- -•d-- 7P D 7 11 4 I D II b I r va I I a,r �1 E I N SUITE102 .-----_� t___y H 1,l155F I SUITE „ COMdJN INFERIOR) . (a. r I sL85TANTUFFLLrCCAPIETED ,.;4 _ =NaONM E�LENENT 111"''m SL9STAMIALLY ftETED F A Ff. r" FF51599 C I T— 1,3B3 sF I 1175E J 9—il SEENOTEA I p �- 00 �- I ,xn' I I a-tr f T�-,: no to. jm L. 1 ` �— f s,Y 4 R•S-27 x gy a-r a-1 yr u.,t r-r i —' e . BO L ' s \ aA•SS e I �ALLCOLLMS (13 1 L— — ARE coAuOra N _t .� R•9-2 A•8$' / z ELEMENTS A E� IA S 82SF63 5 1 A �N (l/ J BMW(NIT COMPLETED SISSTANMLLY CGNREIEO — A 1 •I FF 515A9' h FF51559' �` I 4 'r • R a i .. 1 1e T 51•d A 1 .'( rfir. • Q$ • I m h I 17$ __ —i-- — nr L ---e�" 74' r Z-----r0. 1 ] I ra b )'I •17•r _I - I 2646 N ~ I r Pl. • I F G i s : GLENWOOD STATION-LOT B + 943 GLENWOOD STATION LANE,ALBEMARLE COUNTY,VA - •• I I HEREBY CERTIFY TO TIE BEST OF MY INCANLEDOE AND BELIEF TENT NDTe D.B.281S,P 67 r COSTRUCTON OF THE UNITS DEPICTED 1EfE ON ISSUSTANITUY 99IERIORCCMMON FLOOR SPACE: •' NOTES. OCMPLETf�EDAIQMAT THIS PLAN IS ACCURATE CORRECT AND IN .STARS 1)ALL Amos TAKE7i 1i11EAREsr SQUREFOo1 • y� FIRST,FLOOR-PLAN- •„ j me,..FlD ND-79584)VA j„ ELEVATOR AEOUIPMENI .. • 2)ALL INTERIOR DIMENiIONS TA%ENT9`rEAREST NCR # ' • .R • C00066EE A r� 4,,,.....at Llo9BY 4)TERRACES E S�CLLOED IN E COACO E II' SHEET 1 OF 5 -U0.RY ROOM - 1 22 4�c SPRRPaERaoa SCALE: NOT TO SCALE • GNONO./ FN'UNDER NY HAND THIS I%TH DAY OF 'Z[L' - TElB1ghE ROWJD Ard110ec4Nal Studio,Ltd STATE CERTIFED ARCHITECT • • 890%armor Circle - ' CharlotteevMa,Virginia 22901 DATE: MAR 13,2006 I N FIN' P'e G « rea ti N S 4 2-10 I T. I �J ITJ' L_'_ a-1a to-7 4d in a-In - ,78 `1_1 TO 2.1d a + /341. 7-6' a-tl I ad D -J il—m « MN SF 4` j Sl85TIMIALLY COMPLETED y-f I I I 1 aB /1n 14 FF 52S3Y I--y, F -- .y `�'-• E I� I^ e zr 111' COMaON ELEAEM ` _,111.2a 4 1,413 SF SUITE t ti I -N I I ( � sIBSTAN IALLrC cLETEo _ FF sz93 CO r - s l .� SEE o7EA I:. I a p i b I . .-2 rh _I a —� h °' — ---��-fl�/ J ALL COLLINS h f-ei r WAfi + I A.S Y aARE CONCH« B tc I SURE 203 TewsF I `'' --'�' r—�� /W I I SLBSTANr YFF 3COLPlETSD N ( I I l E ► li I A y- I SURE 22F § I �N i '1 4 �� SIBSTAWALLYCOMPLETED L 4A `S A FF52Y7f 11 • • I , I Icy_ .•C�``• .f�,'.1� _J +I�—.1j try' f JZI" — —it-- „.,. "L— — • L I \I-1P 7• d' • • ----�3 L. 6 Id td-7 4d e.1a - L j I `— ] - . - �s;; II 4� • 7-0 7 - I �• N�. Y +S 1 Q l I2Y I • Id 0.120f�a��., . \`7<-1n as. . yye. ti • .�I, F G `•- - GLENWOOD STATION- LOT B • .. - 843 GLENWOOD STATION LANE ALBEAIARLt;COUNTY VA I HEREBY CERTIFY TO TIE BEST OF NY RNOYAEOGE AND BELIEF/HAT • NOTEA D.B.7b15,P.67 CONSTRUCTION Cf THE UNITS CEP CTED HERE ON LS SL6STANIMLLY INTERIORCOMWN FLOOR SPACE. NOTES CONPLETEDAND THAT THIS PLAN tS ACCURATE.CORRECT AION -STAIRS •. 1)ALL AREAS TAKENTOtEAFES7 SQUARE FOOT }� SECONi. rL-wR-PLAN . • 'CCMPLMRCE N7fH�OF CTCNliS7936�VA -ELEVATOR t EOIFMEMTT ' RI R F 1 2)ALL fTTER10RDAB6tORS TAKEt♦TO NEAREST NCtI • ! ., 3)E%TERCRwMLSARE COMM ELEMENTS .• . OORSiLOBBY 4)TERRACES ARE aG7.UDEDNCONOO SPACE t`• 114� f,,+1 •. • SHEET 2 OF 5 0 4EN LANCER WY HAND THS I:JTH DAY OFF��'f 1 I ZOtdi' JD Architectural stuck,Ltd SCALE: NOT TO SCALE ' STATE CERTFJEDARCHITECT • 690 BBrllnlaf Gird* �'. t Charlottesville,Virginia 22901 DATE: ' Ai 13,2006 ty I rm.P z,a N I Yid 7P-7 e.to• A G I N 7-fe 114 I V r 'i�� _L �' ,0• —In—r r f iTd' � ,J-0 j h ti M fif.0 I O,d 4R a 7.p e-0 .V ,:d,'E" - - - h Qd Ft h h `1 —ry - D a 1�`�J D btt I I COMAON ELEMENT _ (XTERICR PART A) — ' L 393 SF Q Er $ 'I " ; �N I /�I{In i ALL a a e.w -r� e.,,• ' J F• ELEMENTS �� R,t• ALL COLUMNS t* 4:Tl'— Co`o I ' SUITE 301 ARE COIUDN°iI T 6$71 SF ELEhENTS V-) B '' "-' I =— 2 = SUBSTANTIALLY CDIAPLETED = I _ R FF 64122 I" "� e-0 I ii. 1..al_T CO COMMON ELEMENT O A E ;a (NTE'RICR FARTS —\\ i N 44F. 174 f-0' L.— ) 7ed W `N •., - 4OW a x-0 I 17-r j 3646 h F Li.G r're'' r 'g;= GLENWOOD STATION-LOT B • 1 943 GLENWOOD.STATION LANE,ALBEMARLECOUNTY VA NOTE A V D.B.2815,P.67 • HEREBY CERTIFY TO Tt1E BEST OF AY.KNOWEEDGE AND BELEF THUT - , CONSTRUCTION ORS .CTEO WERE ON IS,SUBSTANTWIY INTERPR CCAa1oNFLOOR SPACE NOTES. - PLAN COMPETEDAN) . ACMMATE.CORRECT AND N -STARS 1)ALL AREAS TAKEN TOFEAFESTSOUARE THIRD FLOOR-PLAN COFPLYJJCEW M!K SIBSECTION55.795804 VA ELEVATORS ECUR/F T 2)ALL INTERIOR DMEIBgNS TAKEN TO NEAREST NCN .- • cooE • •? T°6°•aS4Lowy 3)EXTERIOR WALLS ARE COVATON 4)TERRACES ARE tJCLLDEDNCONDOSPATCE ---''"11141;41). SHEET3OF5 GIVEN UNDER MY W WD THSrJTH DAY OFI"W7C11//UM' JD ArchitecturalSaid Lid SCALE: NOT TO SCALE . STATE CERTFIEDARCHITECT . • •• 13Bp Berkmer Circle• ��' CharbttesvBle,Virginia 22901 • DATE. MAR 13,200E I r w i-., ' .7.i06., i ilIl_. ---�f___-BOTTOMAf NETAL-TRlS5E5 - - - •- . • ELN 55230 BOTTp OF META-TRUSSES •, ELEV 563Q- • SUITE 3D1 et R __ SUffE>Ot $FF 54119 SURE 3D1 7.421 SUITE 301 BOTTOM OF STEEL MIST . -- , �BprTCM DF STEEL MSTt - -. rr EL!••Y OAST =-i .,, ^fot• ELEV 533.61 1 SURE 2D3 �� SUIT 1a ..'�FF 629.TT r SUIT 203 ---- SUITE 204 ^ —BOTTOM OF STEEL JOIST EIEV 52701 1=i• -- -- �-ELEV.SIN STEEL JOIST SUITE 163 CCMONMA-+ SUITE 1a € FF 61599 SUITE 103 _ - sLRE r i - -— -.. - ._ NOTE A .. ODMAON AREA _ fTyJII! • _SEGrTION A-A• t' iA•SECTI I. -,. I .. •vl . r�� h t.• r t �• ---'/ EXTERXR WALLS ROOF SPACE 80TTOh1 OF GETN.TRUSSES ----_..---- _ _. / -ARE CONMDN ELEMENTS �'._ - --- ---- - - 00 f ELEV 552.30 .. .ELSE 552OFI TA11pOSSES - EIEY 55230 o I COACH AREA I o1 SURE 301 SURE 301 :---- $FF 54199 SUITE 301 ,L-- A; SURE MI�p1� OF STEEL DST I I CI SLAY S W COMMON AREA E�iE�vCMCF STEEL LISTI �_ I O SLUE NOTE A_ _. ci SUITE ZOl P FF 52931' SURE 232 II_. SUTE901 BOTTOM OF ,`E EV 01 STEEL JOIST- .• _- - , ''''--BOTTOM OF D+sTEEL JDBT 7 SUITE 102 0121E 101 FF 51501 SUITE 102 . _ SUITE 101 CV o fi 1e4 •Ar t SECTION C-C SECTION D-D R . L MAID ram T pro NO, 9646 • .ft.,• . 'IrG •, GLENWOOD STATION-LOT B 943 GLENWOOD STATION LANE ALBEMARLE COUNTY VA II,,ERIDYCERTIFY TO THE BEST OF PAY IONONLEDGE AN)BELIEF THAT NOTE A D.B.2815,P 87 CCNSTRUCTIONOF TFE UNITS DEPICTED FERE ON IS SUBSTANTIALLY INTERICIRCOMMEN FLOOR SPACE NOTES CCMPLETEDAMDTHAT THIS PLAN IS ACCURATE,CORRECT AND IN -STARS 1)ALL AREAS TAKEN TO DEAREST SQUARE FOOT SECTIONS A-D Cd,PLNMLE 4 VA -ELEVATORS EQUIPMENT 2JALL INTERIM RSTONST ARE 04 E TO NEAREST MN CODE S Y 4)T-TO ERRACESARE INCLUDED IVCONDOSPACESPACE 111 SHEET4OF5 pA --.'"Mll4D•UiLITYRO ��•� -SPRNQERROOM GNEN UNDER MY HAND THIS I;TH DAY OF 140.C4•'NYC -TELEPHONE ROOM Jp Archttectund Stydlo,Ltd SCALE: NOT TO SCALE STATE CERTFED ARCHITECT BBO BBRk1I1ar C rde Charlottesville,VIRyn 22901 DATE: MAR 13,2006 y BOTCLAOF METAL TRUSSES ARECOEL�AS SPACE DIiYNEI _--,r,.-.. ELEV Lr5T.37WDODTRSSES r �/_ SUITE 3010 -.-..T 3.' Y, > o, +FF _ FF 51199 SUITE 30 ----: _._ 202 S14_-EBLTO C95TEELJDIST- BOTTC..1 Or STEEL XS7 ELV Eo ' - O 'I i�� FG SP9.31 SURE _ RATE 203 '^ '1 __-- ••LEE 102 SUITE yT.i BOTTOM OF STEEL - WJl F ELEV 527.01'- BOTTOM Cc STEEL XM57 ELEY 52/f 1' o' I I I `v ♦--LL - _____J _ __ ;_, _-,.'. FF 57599 SURE 102 SUrE 103 r-r i SECTION E-E Ln SECTION F-F CO f-___—._ EXTEFOOR WALLS ROOF SPA( I ARE 0llA.04 ELEMENTS 1-ARE CORMSELESERTS 1 EB OM MDDDTRRt BBB OF rNOOD TRUSSES 0 0 a (� SUITE 4 FF 54199' 010 ELEV 53 a�ExT� DI) 8.99 STEEL/J61I 1rM21I �`. ' B0Tid10EElEEl A76T SUITE7D1..d .+ * BEN SS �FF s19.31 �_FF___1 /�, BOTTOM OF STEEL XNST 11J1F 1.3('1 -- ELEV 52101' o 61� BOTTOM rO�O1•STEEL,a6T 11 �� _i' ELITE 101 SUfE 1a 1 I ROE 101 ! R VVJJ[Mil �s *: +t h-. b FF s1s93 FF� s1ss9 • •�+ ' G1RrUT1ca6 No. T. SECTION G-G 8�►ION , r S. • . • • i,-• 4'10 NV' GLENWOOD STATION-LOT B 943 GLENW00D STATION LANE ALBEMARI£COUNTY VA I I FEREBY CERTP TO THE BEST CF/if IQIDWLEO3E4/0 PREF TNAT . w't. D.B.2815,P.87�• CONSTRUCTION OFTHF LINTS OEPICTEDHERE ON IS 0I$,STANTWIY • INTERIORCOINOS FLOOR SPACE' 1431Es. CONFUTED AN).''. ACCUtATE•COPAECT AND N .. -STARS 1)ALL AREAS TAKEN TO/EARESTs fC01 �- .comm. CF 55T9.560)VA '• -ELEVATOR LIECUR.ENr 2)AL0NTERIORpRETL5gµ5TAKEtTro STNCH • SECTIONSEH cOtL#ADO ` F. a LOBBY 3)F 258QS ARE INCLUDED a+CON(p 5 .. - ' r�. �l�� MUTT R0051 ■ SHEET 5 OF 5 DNEN UNDER MY FWD MS 3TH DAY OF NNUC r� •. -SPRINTER R2W STATE CERTIFIEDARWTECT `*2 .: JD ArchItee1r Studio,Ltd. SCALc: NOT TO SCALE 690 Ber$riDnar Circle • Charlottesville,Virginia 22901 -DATE: MAR 13,2006 s a Y rw RECORDED IN CLERKS OFFICE OF ALBEMARLE ON March 27,2005 AT 11:13:40 AM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE%58.1-802 rr STATE:$0.00 LOCAL:$0.00 ALBEMARLE COUNTY, M RSH CRFTCUIC0URT G Albemarle County, VA Shelby Marshall Clerk Circuit Court 501 E. Jefferson St. Charlottesville, VA 22902 Phone Number: (434)972-4083 DEEDS Receipt Official Receipt: 2006-00005733 Printed on 03/27/2006 at 11:13:57 AM RECEIVED OF SCOTT KRONER PLC Date Recorded: 03/27/2006 Instrument ID Recorded Time Amount Bk 3181 Pg 312 11:13:40 AM $112.00 Instrument:200600005854 AMEND- AMENDMENT (DEEDS) GRANTOR:SUGARAY LLC EX:N GRANTEE:SUGARAY LLC EX:N Address1:690 BERKMAR CIRCLE Address2: City/State/Zip:CHARLOTTESVILLE VA 22901 Description: LOT B GLENWOOD STATION Consideration:$0.00 Assumption:$0.00 l00.U0R percent: Locality:CO Names:0 Pages:6 Amount Accounts 035 - OPEN SPACE PRESERVATION $1.00 106- TECHNOLOGY TRUST FUND FEE $5.00 145- VSLF $104.501 301- DEEDS Itemized Check Listing $112.00 Check # 2417 Total Due: $112.00 Paid By Check: $112.00 Change Tendered: $0.00 Cashier:TRAVIS MORRIS Reg:FEE02 d r_n- ----- ----- - GLENWOOD STATION COMMERCIAL CONDOMINIUM ASSOCIATION ACTION OF DECLARANT DECEMBER 2,2005 APPOINTMENT OF DIRECTORS AND OFFICERS WHEREAS, Articles of Incorporation for the Glenwood Station Commercial Condominium Association,a Virginia nonstock corporation(the"Company"), were filed with the Virginia State Corporation Commission and a Certificate of Incorporation was issued on April 13,2005; WHEREAS, Declarant has the authority to appoint directors and officers during the Declarant Control Period in accordance with Article VII,Paragraph D of the Articles of Incorporation; NOW THEREFORE,the undersigned,being the Declarant of the Company,hereby approves and adopts the following resolutions: RESOLVED,the following persons are hereby appointed as directors of the Company to serve until their respective successors shall be duly appointed or elected: George W. Ray,Jr. Jane H. Ray Marilyn S. Young Charles T. Lebo RESOLVED, the following persons are hereby appointed as officers of the Company to serve until their respective successors shall be duly appointed or elected: President - Jane H. Ray Vice President - George W. Ray,Jr. Secretary and Treasurer - Marilyn S. Young The foregoing resolutions shall be effective as of January 1, 2006. SUGARAY, LLC,Declarant Date: / By: George W. Ray, Jr. Managing Member .i ARTICLE 2 UNIT OWNERS'ASSOCIATION Section 2.1. Composition and Powers. All of the Unit Owners,acting as a group in accordance with the Condominium Act,the Declaration, the Articles of Incorporation and these Bylaws, shall constitute the Association. The Association shall act merely as an agent for the Unit Owners as a group. The Association shall have the responsibility of administering the Condominium,establishing the means and methods of collecting the contributions to the Common Expenses, arranging for the management of the Condominium and performing all of the other acts that may be required to be performed by the Association by the Condominium Act and the Condominium Instruments. Except for the performance of those matters which either the Condominium Act or the Declaration specifically require to be authorized by the vote of the Unit Owners,the administration of the foregoing responsibilities shall be performed by the Board of Directors as more particularly set forth in Article 3 hereof. The Association shall have,in addition to those powers listed in the Articles of Incorporation,all of the powers reasonably necessary to implement and effect the rules and objectives set forth in the Condominium Instruments. Section 2.2. Declarant Control Period. The "Declarant Control Period" shall commence with the settlement of the first Unit to be sold by the Declarant and shall continue until the Declarant settles the sale of Units(including Units on the Additional Land)representing seventy- five percent(75%)of the aggregate Percentage Interests set forth in Exhibit E to the Declaration, as the same may be amended from time to time in connection with the expansion of the Condominium,but the Declarant Control Period shall not exceed five(5)years following the date the first Unit in the Condominium is conveyed by Declarant. During the Declarant Control Period the Declarant shall be entitled to designate the officers and the Board of Directors of the Association. Within sixty(60)days after the expiration of the Declarant Control Period,a special meeting of the Unit Owners'Association shall be held. Notice of such meeting shall be given pursuant to Section 55-79.75 of the Condominium Act. At such meeting,the persons designated by the Declarant shall resign as members of the Board of Directors, and all of the Unit Owners, including the Declarant if the Declarant owns any Units,shall elect a new Board of Directors. Section 2.3. Annual Meetings. During the Declarant Control Period meetings of the Association shall be held at least once a year. The first such meeting shall be held within one(1) year after the date of formation of the Association. After the termination of the Declarant Control Period, and the new Board of Directors is elected by all the Unit Owners,the annual meetings of the Association shall be held during the second month preceding the beginning of each fiscal year of the Association,at a day,time and place as the Board of Directors may determine. At such annual meetings the Board of Directors shall be elected by a written ballot of the Unit Owners in accordance with the requirements of Section 3.4 of these Bylaws. 2 Section 2.4. Place of Meetings. Meetings of the Association shall be held at the principal office of the Condominium or at such other suitable place convenient to the Unit Owners as may be designated by the Board of Directors. Section 2.5. Special Meetings. It shall be the duty of the President of the Association to call a special meeting of the Association if so directed by resolution of the Board of Directors or upon a petition signed and presented to the Secretary by Unit Owners owning not less than twenty-five percent(25%)of the Percentage Interests. The notice of any special meeting shall state the time,place and purpose of such meeting. No business shall be transacted at a special meeting except as stated in the notice. Section 2.6. Notice of Meetings. The Secretary shall,at least twenty-one(21)days in advance of any annual or regularly scheduled meeting, and at least seven(7)days in advance of any other meeting of the Association, deliver notice of the time,place, and purpose of such meeting either personaIIy or by United States mail,to all Unit Owners at the address of their respective Units and to such other addresses as any of them may have designated. Section 2.7. Order of Business. The order of business at all meetings of the Association shall be as follows: (a) Roll Call and certifying of proxies; (b) Proof of notice of meeting; (c) Reading of Minutes of preceding meeting; (d) Reports of Officers and Board of Directors; (e) Reports of committees, if any; (f) Election or appointment of inspectors of election(when so required); (g) Election of members of the Board of Directors(when so required); (h) Unfinished business; (i) New business; and lastly (j) Adjournment. Section 2.8. Voting. At every meeting of the Association,one(1)vote is assigned to each Unit notwithstanding the Percentage Interest listed for the Unit in Exhibit E to the Declaration. 3 (a) The votes appertaining to any Unit may be cast pursuant to a proxy or proxies in accordance with Section 55-79.77(D)of the Condominium Act and approved by the Board of Directors. No proxy shall be revocable except by actual notice to the person presiding over the meeting of the Association,by the Unit Owner(or,if the Unit is owned by more than one person,by any of such persons),that it be revoked. Any proxy shall be void if it is not dated, if it purports to be revocable without notice as aforesaid,or if the signatures of any of those executing the proxy has not been witnessed by a person who shall sign his full name and address. The proxy of any person shall be void if not signed by a person having authority,at the time of the execution thereof,to execute deeds on behalf of that person. Any proxy shall terminate automatically after the first meeting held on or after the date of that proxy or any recess or adjournment of that meeting held within thirty(30)days thereafter. The proxy shall include a brief explanation of the effect of leaving the proxy uninstructed. (b) Unless greater than a majority vote is otherwise specifically required by the Condominium Act or by the Condominium Instruments,the vote of a majority of the aggregate votes cast in person or by proxy at a duly convened meeting at which a quorum is present is required to adopt decisions made at any meeting of the Association. The phrase a"majority of Unit Owners"used in the Condominium Instruments shall refer to a majority determined in accordance with the preceding sentence. (c)No Unit Owner may vote at any meeting of the Association,or be elected as a director or officer of the Association, if the Association has perfected a lien against his Unit which is not discharged at the time of the meeting, or there are any assessments against the Unit Owner that are sixty(60)days or more past due. Section 2.9. Quorum. A quorum shall be deemed to be present throughout any meeting of the Association until adjourned if persons entitled to cast more than twenty-five percent(25%) of the votes,whether in person or by proxy,are present at the beginning of the meeting. If a quorum is not present at the beginning of the meeting,the meeting shall be adjourned to a time not less than forty-eight(48)hours from the time of adjournment. A quorum shall be deemed to be present throughout such succeeding meeting if persons entitled to cast more than twenty-five percent(25%)of the votes, whether in person or by proxy,are present at the beginning of the meeting. Section 2.10. Conduct of Meeting. The President shall preside over all meetings of the Association. The Secretary shall keep the minutes of the meeting and record in a minute book all resolutions adopted at the meeting and all other transactions occurring at such meeting. The President may appoint a person to act as Parliamentarian at the beginning of each meeting. The 4 most current edition of Roberts Rules of Order shall govern the conduct of all meetings of the Association when not in conflict with the Declaration,these Bylaws or the Condominium Act. Section 2.11. Ownership of Units by the Unit Owners'Association. The Association may acquire,own and transfer title to a Unit,but the vote appertaining to a Unit owned by the Association may not be cast or counted for any purpose. ARTICLE 3 BOARD OF DIRECTORS Section 3.1. Number and Qualification. The affairs of the Condominium shall be governed by a Board of Directors. (i) During the Declarant Control Period,the Declarant shall have the right to designate the members of the Board of Directors. The initial Board of Directors shall be composed of three(3)persons, who may but need not be Unit Owners or officers or employees of Unit Owners,or Mortgagees(or designees of Mortgagees)of Units. Following the sale of Units representing a total of twenty- five percent(25%)of the aggregate Percentage Interests,Declarant may,but shall not be required to, appoint a Unit Owner to serve as an advisory member of the Board of Directors. Following the sale of Units representing a total of fifty percent(50%)of the aggregate Percentage Interests,Declarant may,but shall not be required to,appoint an additional Unit Owner to serve as an advisory member of the Board of Directors. (ii) After the Declarant Control Period,the initial Board of Directors shall consist of three(3)persons. all of whom shall be elected by the Unit Owners. The Unit Owners representing a majority of votes in the Association shall have the power to expand the Board of Directors to five(5)persons. For two(2)years after the Declarant Control Period,the Declarant may appoint an individual who shall be entitled to notice of all meetings of the Board of Directors,and who may speak at the meetings but cannot vote. Section 3.2. Powers and Duties. (i) The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Condominium and may do all such acts and things which are not,by the Condominium Act,by the Declaration or by these Bylaws,directed to be exercised and done by the Unit Owners. (ii)The Board of Directors shall have the power from time to time to adopt any rules and regulations(the "Rules and Regulations")deemed appropriate by it for the governance of the Condominium;provided,however,the Rules and 5 Regulations shall not be in conflict with the Condominium Act or the Declaration or these Bylaws. (iii)In addition to the duties imposed by these Bylaws or by any resolution of the Association that may hereafter be adopted,the Board of Directors shall have the power to,and be responsible for,those duties and functions of the Association set forth in Sections 55-79.79 and 55-79.80 of the Condominium Act. Section 3.3. Managing Agent. (i)The Board of Directors may employ a professional Managing Agent for the Condominium at a compensation established by the Board of Directors,to perform such duties and services as the Board of Directors shall authorize. (ii)Any contract with a Managing Agent entered into during the Declarant Control Period must provide that such contract may be terminated by either party without cause and without payment of a termination fee or penalty by written notice which(i) states that such contract shall terminate on a date which is more than ninety(90)days after the date of such notice, and(ii)is given not more than sixty(60)days after the termination of the Declarant Control Period. Additionally,any contract with a Managing Agent entered into during the Declarant Control Period shall be for a term not in excess of two(2)years; shall not provide for renewal or extension terms in excess of two(2)years; and shall provide that at the end of any such term,the Board of Directors may terminate any further extension or renewal periods. Any provision of such contract that does not comply with this section shall be deemed to have been modified to conform hereto upon the full execution of the contract. Section 3.4. Election and Term of Office. (i)At the first meeting of the Association following the end of the Declarant Control Period,if the Board of Directors is comprised of three (3)members, the term of office of one(1)member of the Board of Directors shall be fixed at three (3)years, the term of office of one(1)member of the Board of Directors shall be fixed at two(2)years, and the term of office of one (1)member of the Board of Directors shall be fixed at one(1)year. The first Board of Directors elected after the end of the Declarant Control Period shall be elected simultaneously with one ballot or election. The person receiving the highest number of votes shall be elected for the three(3)year term. The person receiving the second highest number of votes shall be elected for the two(2)year term. The person receiving the third highest number of votes shall be elected for the one (1) year term. (i)Following the end of the Declarant Control Period, in the event the Board of Directors is comprised of five(5)members,the term of office of two(2)members of the Board of Directors shall be fixed at three(3)years, the term of office of two 6 (2)members of the Board of Directors shall be fixed at two(2)years, and the term of office of one(1) member of the Board of Directors shall be fixed at one (1)year. The first Board of Directors elected after the end of the Declarant Control Period shall be elected simultaneously with one ballot or election. The two people receiving the highest number of votes shall be elected for the three(3) year terms. The two people receiving the third and fourth highest number of votes shall be elected for the two(2)year terms. The person receiving the fifth highest number of votes shall be elected for the one(1)year term. (iii)In the event of a tie in the balloting,persons shall be designated among the classes of directors by drawing lots. (d)At the expiration of the initial term of office of each respective member of the Board of Directors,that member's successor shall be elected to serve for a term of three(3) years. The members of the Board of Directors shall hold office until their respective successors shall have been elected by the Association. Section 3.5. Nominations. Nominations for election as members of the Board of Directors at the annual meeting shall occur only as set forth in this section. In order to be nominated,a nomination petition signed by at least three(3)Unit Owners(other than the Unit Owner which is nominated,if a Unit Owner is nominated) shall be submitted to the Board of Directors at least twenty-one(21)days before the annual meeting. The petition shall include a statement that the Unit Owner is willing to be nominated,and a biographical sketch of the nominee.The Board of Directors shall cause the names of all those who are duly nominated, along with a copy of their biographical sketches, to be mailed or hand delivered to every Unit Owner in the Condominium not less than ten(10)days prior to the annual meeting. Nominations from the floor at the annual meeting shall be prohibited unless there are less than three(3) persons nominated to fill each of the designated vacancies on the Board of Directors. Section 3.6. Removal of Members of Board of Directors. Except during the Declarant Control Period, at any duly called regular or special meeting of the Association, any one or more of the members of the Board of Directors may be removed with or without cause by a majority of the Unit Owners and a successor may then and there be elected to fill the vacancy thus created. However,any Director whose removal has been proposed by the Unit Owners shall be given at least ten(10) days'notice of the calling of the meeting and the purpose thereof and shall be given an opportunity to be heard at the meeting. Section 3.7. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by a vote of a majority of the remaining Directors at a special meeting of the Board of Directors held for that purpose promptly after the occurrence of any such vacancy. Each person so elected shall be a member of the Board of Directors for the remainder of the term of the member being replaced. Section 3.8. Organizational Meeting. The date of the first meeting of the members of the Board of Directors elected at the annual meeting of the Association shall be determined by the 7 Board of Directors immediately following the Association meeting and no further notice shall be necessary to the newly elected members of the Board of Directors. Such meeting shall occur within thirty(30)days following the annual meeting of the Association. Section 3.9. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Directors, but meetings shall be held at least once every three(3)months during each fiscal or calendar year of the Association. Notice of regular meetings of the Board of Directors shall be given to each Director,by mail or hand delivery,at least three(3)business days prior to the day designated for such meeting. Section 3.10. Special Meetings. Special meetings of the Board of Directors may be called by the President on three (3)business days'notice to each Director, given by mail or hand delivery. The notice shall state the time,place and purpose of the meeting. Special meetings of the Board of Directors may be called by the President or Secretary in like manner and by like notice upon the written request of at least two(2)Directors. Section 3.11. Waiver of Notice. Any Director may, at any time,in writing, waive notice of any meeting of the Board of Directors,and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board of Directors shall constitute a waiver of notice by him of the time and place of such meeting. If all Directors are present at any meeting of the Board of Directors,no notice shall be required and any business may be transacted at such meeting. Section 3.12. Conduct of Meetings. The President shall preside over all meetings of the Board of Directors. The Secretary shall keep the minute book of the Board of Directors and shall record all resolutions adopted by the Board of Directors and all transactions and proceedings occurring at such meetings therein. The most current edition of Roberts Rules of Order shall govern the conduct of the meetings of the Board of Directors when not in conflict with the Declaration, these Bylaws or the Condominium Act. Section 3.13. Quorum. A quorum of the Board of Directors shall be deemed to be present throughout any meeting of the Association until adjourned if more than fifty percent (50%)of the Directors entitled to vote are present at the beginning of the meeting. A meeting shall not begin and no action shall be taken unless a quorum is present. Section 3.14. Action Without Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board of Directors. Section 3.15. Compensation. Director's compensation, if any, shall be determined by the members of the Association. 8 Section 3.16. Fidelity Bonds. The Board of Directors may require adequate fidelity bonds for all Officers and employees of the Condominium handling or responsible for Condominium funds. The premiums on such bonds shall constitute a Common Expense. ARTICLE 4 OFFICERS Section 4.1. Designation. The principal Officers of the Condominium shall be the President,Vice President, Secretary,and Treasurer,all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer,an assistant secretary and such other officers as in its judgment may be necessary. The President,but no other officer, shall be required to be a member of the Board of Directors. One person may hold the offices of both Secretary and Treasurer simultaneously. Section 4.2. Election of Officers. The officers of the Condominium shall be elected annually by the Board of Directors and shall hold office until a successor is elected. Section 4.3. Removal of Officers. Upon the affirmative vote of a majority of the members of the Board of Directors,any officer may be removed,either with or without cause, and his successor may be elected at any regular meeting of the Board of Directors,or at any special meeting of the Board of Directors. Section 4.4. President. The President shall be the chief executive of the Condominium and a voting member of the Board of Directors. He shall preside at all meetings of the Association and of the Board of Directors. He shall have all of the general powers and duties which are incident to the office of president of a nonstock corporation organized under the Virginia Nonstock Corporation Act, including but not limited to,the power to appoint committees from among the Unit Owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Condominium. Section 4.5. Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act,the Board of Directors shall appoint a member of the Board of Directors to act in the place of the President on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President. Section 4.6. Secretary. The Secretary shall keep the minutes of all meetings of the Association and of the Board of Directors,and he shall have charge of such books and papers as the Board of Directors may direct, and shall,in general,perform all the duties incident to the office of the secretary of a nonstock corporation organized under the Virginia Nonstock Corporation Act. 9 Section 4.7. Treasurer. The Treasurer shall have the responsibility for Condominium funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements,and for the preparation of all required financial data,and shall be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors or the Managing Agent, in such depositories as may from time to time be designated by the Board of Directors. An annual audit of the Association's financial records may be conducted at the discretion of the Board of Directors. Upon payment of a fee to the Association in an amount established by the Board of Directors from time to time, but not to exceed that permitted pursuant to the Condominium Act, as amended from time to time,the Treasurer shall issue a Certificate of Resale pursuant to the Condominium Act to any Unit Owner within the period of time required by the Condominium Act. Other forms may be used by the Association provided that they comply with the Condominium Act. Pursuant to Section 55-79.84, upon payment of a reasonable fee to the Association, which fee shall be established from time to time by the Board of Directors,the Treasurer will issue to a Unit Owner a statement setting forth the amount of any unpaid assessments against the Unit Owner. Section 4.8. Agreements, Contracts,Deeds, Checks,etc. All agreements,contracts, deeds, leases, checks and other instruments of the Association shall be executed by an officer of the Association or by such other person as may be designated by the Board of Directors. Section 4.9. Compensation of Officers. Officer's compensation, if any, shall be determined by the members of the Association. ARTICLE 5 LIABILITY AND INDEMNIFICATION OF OFFICERS AND DIRECTORS AND UNIT OWNERS'ASSOCIATION Section 5.1. Liability and Indemnification of Officers and Directors. The Association shall indemnify every officer and director of the Association against any and all expenses, including attorneys' fees,reasonably incurred by or imposed upon any officer or director in connection with any action,suit or other proceeding(including settlement of any suit or proceeding if approved by the Board of Directors)to which the officer or director may be made a party by reason of being or having been an officer or director of the Association regardless of whether he is an officer or director at the time such expenses are incurred. The officers and directors of the Association shall not be liable to the Unit Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The officers and directors of the Association shall 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 are Unit Owners) and the Association shall indemnify and forever hold each 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 10 herein shall not be exclusive of any other rights to which any officer or director of the Association,or former officer or director of the Association,may be entitled. Section 5.2. Common or Interested Directors. The Board of Directors shall exercise its powers and perform its duties in good faith and with a view to the interests of the Association and Condominium. A contract or other transaction between the Association and one or more of its Directors, or between the Association and any corporation, firm or association(including the Declarant)in which one or more of the Directors of the Association are directors or officers or are pecuniarily or otherwise interested,shall not be void or voidable because such Director or Directors are present at the meeting of the Board of Directors or any committee thereof which authorizes or approves the contract or transaction, or because such Director's or Directors' votes are counted for such purpose,provided that any of the conditions specified in any of the following subparagraphs exist: (a) The fact of the common directorate or interest is disclosed or known to the Board of Directors or a majority thereof or noted in the minutes and the Board of Directors authorizes,approves, or ratifies such contract or transaction in good faith by a vote sufficient for the purpose; or (b) The fact of the common directorate or interest is disclosed or known to the Unit Owners,or a majority thereof,and they approve or ratify the contract or transaction in good faith by a vote sufficient for the purpose; or (c) The cost of any services or goods contracted for is competitive with the cost of like services or goods provided by other reputable companies offering such services or goods in the Charlottesville,Virginia metropolitan area; or (d) The contract or transaction is commercially reasonable for the • Condominium and to the Association at the time it is authorized,ratified, approved or executed. A common or interested Director may be counted in determining the presence of a quorum of any meeting of the Board of Directors or committee thereof which authorizes, approves or ratifies any contract or transaction,and may vote thereat to authorize any contract or transaction as if he were not such a common or interested Director or officer. Section 5.3. Exculpation of the Association. The Association shall not be liable for any failure of water supply or other services to be obtained by the Association or paid for as a Common Expense,or for injury or damage to any person or property caused by the elements or by the Unit Owner of any Unit,or any other person, or resulting from electricity, water,snow or ice which may leak or flow from any portion of the Common Elements or from any pipe,drain, conduit,appliance or equipment. The Association shall not be liable to any Unit Owner for loss or damage, by theft or otherwise,of articles which may be stored upon any of the Common Elements. No offset,diminution or abatement of any assessments, as elsewhere provided herein, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Elements or from any action taken by the Association to 11 comply with any law or ordinance or with the order or directive of any municipal or other governmental authority. ARTICLE 6 MISCELLANEOUS Section 6.1. Notices. All notices,demands,bills, statements or other communications under these Bylaws shall be in writing and shall be deemed to have been duly given if delivered. personally or if sent by registered or certified mail,return receipt requested, first-class postage prepaid or otherwise as may be permitted by the Condominium Act: (a) If to a Unit Owner,at the address which the Unit Owner shall designate in writing and file with the Secretary of the Association,or if no such address is designated, at the address of the Unit of such Unit Owner;or (b) If to the Association,the Board of Directors, or the Managing Agent, at the principal office of the Managing Agent if there be one and if there is none, at the residence of the President of the Unit Owners Association and the members of the Board of Directors or at such other address as shall be designated by the notice in writing to the Unit Owners pursuant to this section. Section 6.2. Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity,enforceability or effect of the balance of these Bylaws. Section 6.3. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws, or the intent of any provision thereof. Section 6.4. Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine and neuter genders,and vice versa and the use of the singular shall be deemed to include the plural,and vice versa,whenever the context so requires. ARTICLE 7 AMENDMENTS TO BYLAWS Section 7.1. Amendments. (a) Except as otherwise provided in this section,or in Section 1 of Article X of the Declaration,these Bylaws may be modified or amended: (1) By a vote of the Unit Owner's representing at least sixty-seven percent(67%)of all of the Percentage Interests in the Condominium at any regular or special 12 meeting,provided that notice of the proposed amendment shall have been given to each Unit Owner at least twenty-one(21)days in advance of such meeting; or (2) Pursuant to a written instrument duly executed by the Unit Owner's representing at least sixty-seven percent(67%)of all of the Percentage Interests in the Condominium. (b) During the Declarant Control Period these Bylaws may be modified or amended by the Declarant without any approval of the Unit Owners being required to(i)make technical amendments which do not materially alter the rights of the Unit Owners,and(ii) comply with the requirements,as modified from time to time,of the Federal Home Loan Mortgage Corporation,the Federal National Mortgage Association, or the Veterans' Administration, including,without limitation,insurance and maintenance requirements with respect to the condominium. Amendments to these Bylaws resulting solely from or required in connection with the expansion of the Condominium may be made by the Declarant as set forth in the Declaration,without any approval of the Unit Owners being required. Each Unit Owner shall be given written notice of all amendments made pursuant to this subsection within thirty (30)days after the date such amendment is recorded. Section 7.2. Recording. A modification or amendment of these Bylaws shall become effective only if such modification or amendment is recorded in the Clerk's Office of the Circuit Court of the County of Albemarle,Virginia. A modification or amendment once adopted and recorded shall then constitute part of the official Bylaws of the Condominium,and all Unit Owners shall be bound to abide by such modification or amendment. Section 7.3. Conflicts. No modification or amendment of these Bylaws may be adopted which shall be inconsistent with the provisions of the Condominium Act. Section 7.4. Restrictions on Amendments. (a) Until the expiration of the Declarant Control Period,the following sections of these Bylaws may not be amended without the consent in writing of the Declarant: (i) Section 2.2,(Declarant Control Period),(ii) Section 2.8, (Membership Voting), (iii)Section 3.1 (Board of Directors Number and Qualification),and(iv) Section 7.4 of this Article. No such amendment shall increase the Declarant Control Period beyond that provided for in Section 55- 79.74 of the Condominium Act. (b) No amendment in the Percentage Interest appertaining to each Unit or amendment that would change unit boundaries or amendment to the basis for sharing Common Expenses and other apportionment of assessments which may be levied by the Association in accordance with the provisions hereof, or amendment to the basis of ownership of any reserve funds(other than such amendments resulting solely from the expansion of the Condominium, which may be made by the Declarant or without any other consent required) shall be made without the prior written consent of all the Unit Owners and two-thirds(2/3)or more of all of the Mortgagees(based upon one(1)vote for each mortgaged Unit). 13 (c) No alteration, amendment or modification of the rights and privileges granted and reserved hereunder in favor of a Mortgagee shall be made without prior written consent of two-thirds(2/3)or more of all of the Mortgagees(based upon one(1)vote for each mortgaged Unit). (d) During the Declarant Control Period,no alteration,amendment or modification of the rights and.privileges granted and reserved hereunder in favor of the Declarant shall be made without the prior written consent of the Declarant. DECLARANT: SUGARAY,LLC, a Virginia limited liability company By: George W. Ray,Jr., Manager C.1REIPARKSIDE\GLENWOOD STATION\SUGARAYSYLAWS GLENWOODSTATION COMMERCIALCONDOMUNVMASSOCIATION.FINAL wpd 14 pMMONWEALTff- Of, VIR i CLINTON MILLER G 47..% 6 - CHAIRMAN (f" JOEL H PECK MARK C.CHRISTIE " 4 CLERK OF THE COMMISSION COMMISSIONER I P.O.BOX 1197 r^ � I RICHMOND,VIRGINIA 23218.1197 THEODORE V MORRISON,JR ,, •►2 COMMISSIONER -Y.y STATE CORPORATION COMMISSION Office of the Clerk April 13, 2005 W STEPHEN SCOTT PO BOX 2737 CHARLOTTESVILLE, VA 22902 RE: Glenwood Station Commercial Condominium Association ID: 0636014 - 3 DCN: 05-04-12-0056 Dear Customer: This is your receipt for $75.00, to cover the fees for filing articles of incorporation with this office. The effective date of the certificate of incorporation is April 13, 2005. If you have any questions, please call (804) 371-9733 or toll-free in Virginia, 1-866-722-2551. Sincerely, Joel H. Peck Clerk of the Commission CORPRCPT NEWCD CIS0308 Tyler Building,1300 East Main Street,Richmond,VA 23219.3630 Clerk's Office(804)371-9733 or(866)722.2551 (toll-free in Virginia)www.scc.virginia.gov/dlvisioniclk Telecommunications Device for the Deaf-TDDNoice:(804)371.9206 . . t iti rft �e � 1 *pi STATE CORPORATION COMMISSION Richmond; Aprill3, 2005 This is to certify that the certificate of incorporation of Glenwood Station Commercial Condominium Association 'was this day issued and admitted to record in this office and that the said corporation is authorized to transact its business subject to all Virginia Caws applicable to the corporation and its business. Effective date: ./pri(13, 2005 State Corporation Commission ,AT10k Attest: ( t7. k,71 C&rkof the Commission 3'EV'ER 1y/1 1903 CIS0308 Scott I Kroner PLC Attorneys at Law W.Stephen Scott Robert J.Kroner 419 Pant Water Street Neal L.Walters P O Sox 2737 C.Lamar Garren Charlottesville,Virginia 22902 Phone(434)296.2161 Collison F.Royer Facsimile(434)293-2073 April 11,2005 VIA FEDERAL EXPRESS Clerk's Office-First Floor STA l'E CORPORATION COMMISSION 1300 East Main Street Tyler Building Richmond,VA 23219 Re: Glenwood Station Commercial Condominium Association Articles of Incorporation Dear Sir: Enclosed are proposed Articles of Incorporation for the referenced corporation. If the Articles of Incorporation appear to be in order,we would appreciate your filing same and issuing charter. We have enclosed our check payable to your order in the amount of$75.00,representing the necessary filing fee. Please do not hesitate to let me know if anything further is r-• .. ed. Your kind assistance is appreciated. Ve trul, yours, prft : li V4. .to• len :cott /ce Enclosures 1-866-722-2551 *****PLEASE RETURN THE CERTIFICATE OF INCORPORATION TO US VIA FEDERAL EXPRESS - A COMPLETED AIRBILL IS ENCLOSED FOR YOUR USE. ARTICLES OF INCORPORATION OF GLENWOOD STATION COMMERCIAL CONDOMINIUM ASSOCIATION ARTICLE I NAME The name of the corporation is Glenwood Station Commercial Condominium Association,hereafter called the "Corporation" or the"Unit Owners Association." ARTICLE II PURPOSES The Unit Owners Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for the management, maintenance and care of the real estate known as "Glenwood Station Commercial Condominium" located in Albemarle County, Virginia, as more particularly described in the Declaration of Condominium of Glenwood Station Commercial Condominium, recorded or to be recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,as the same may from time to time be amended (the "Declaration"), and to provide a means whereby the Unit Owners,acting together,may provide for the acquisition,construction,management,maintenance and care of the Condominium,and for this purpose to: (a)enforce the Declaration and Bylaws and exercise all of the powers and privileges and perform all of the duties and obligations of the Unit Owners Association; (b)fix,levy,collect and enforce payment by any lawful means,all charges or assessments pursuant to the Declaration and Bylaws; (c) pay all Common Expenses of the Condominium; (d) subject to the Declaration and the Bylaws, acquire, own, hold, improve,build upon, operate,maintain, convey, sell, lease,transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Corporation; and(e)exercise any and all powers, rights and privileges which a corporation organized under the Virginia Nonstock Corporation Act may by law now or hereafter have or exercise. ARTICLE III DEFINITIONS Except as expressly defined herein, all capitalized terms used herein shall have the respective meanings set forth in the Declaration or in the Bylaws of this Corporation. ARTICLE IV MEMBERSHIP Every Unit Owner shall be a member of this Unit Owners Association. Upon conveyance of title to any Unit to a purchasing Unit Owner, the purchasing Unit Owner shall become a member of this Unit Owners Association and the membership of the selling Unit Owner shall terminate. ARTICLE V VOTING RIGHTS Each Unit Owner shall have one vote for each Unit he owns in the Condominium. ARTICLE VI REGISTERED OFFICE AND AGENT The address of the initial registered office of the Unit Owners Association,which is located in the City of Charlottesville,Virginia,is do Scott Kroner,PLC,418 East Water Street,Post Office Box 2737,Charlottesville,Virginia 22902. The initial registered agent of the Unit Owners Association is W. Stephen Scott,who is a resident of Virginia and a member of the Virginia State Bar and whose business office is identical with the registered office. ARTICLE VII BOARD OF DIRECTORS A. The number of directors comprising the Board of Directors shall be as specified in the Bylaws. B. At the first meeting ofthe Unit Owners Association,directors shall be elected by the members of the Unit Owners Association as hereinafter provided. The members of the Board of Directors elected at the first meeting or any subsequent annual meeting shall hold office until the next annual meeting of the Unit Owners Association. Members of the Board of Directors shall be elected by oral ballot of the Unit Owners unless any Unit Owner requests written ballot, in which event members of the Board of Directors shall be elected by written ballot. The Unit Owners shall vote together as a single class in all other matters not specified in these Articles of Incorporation or the Bylaws. C. Vacancies in the Board of Directors caused by any reason shall be filled by the vote of the remaining directors, at a special meeting held for such purpose or pursuant to a written consent,promptly after the occurrence of such vacancy. Each person so elected shall be a member of the Board of Directors until the next meeting of the Unit Owners Association at which directors are elected. 2 I � D. During the Declarant Control Period the Declarant shall be entitled to designate the officers and the Board of Directors of the Association. Within sixty(60) days after the expiration of the Declarant Control Period,a special meeting of the Unit Owners'Association shall be held. Notice of such meeting shall be given pursuant to Section 55-79.75 of the Condominium Act. At such meeting, the persons designated by the Declarant shall resign as members of the Board of Directors, and all of the Unit Owners, including the Declarant if the Declarant owns any Units, shall elect a new Board of Directors. ARTICLE VIII INDEMNIFICATION A. Liability and Indemnification of Officers and Directors. The Association shall indemnify every officer and director of the Association against any and all expenses, including attorneys' fees,reasonably incurred by or imposed upon any officer or director in connection with any action,suit or other proceeding(including settlement of any suit or proceeding if approved by the Board of Directors)to which the officer or director may be made a party by reason of being or having been an officer or director of the Association regardless of whether he is an officer or director at the time such expenses are incurred. The officers and directors of the Association shall not be liable to the Unit Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The officers and directors of the Association shall 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 are Unit Owners) and the Association shall indemnify and forever hold each 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 be exclusive of any other rights to which any officer or director of the Association, or former officer or director of the Association, may be entitled. B. Common or Interested Directors. The Board of Directors shall exeicise its powers and perform its duties in good faith and with a view to the interests of the Association and Condominium. A contract or other transaction between the Association and one or more of its Directors, or between the Association and any corporation, firm or association (including the Declarant)in which one or more of the Directors of the Association are directors or officers or are pecuniarily or otherwise interested,shall not be void or voidable because such Director or Directors are present at the meeting of the Board of Directors or any committee thereof which authorizes or approves the contract or transaction, or because such Director's or Directors'votes are counted for such purpose,provided that any of the conditions specified in any of the following subparagraphs exist: (1) The fact of the common directorate or interest is disclosed or known to the Board of Directors or a majority thereof or noted in the minutes and the Board of Directors authorizes,approves,or ratifies such contract or transaction in good faith by a vote sufficient for the purpose; or 3 (2) The fact of the common directorate or interest is disclosed or known to the Unit Owners, or a majority thereof, and they approve or ratify the contract or transaction in good faith by a vote sufficient for the purpose; or (3) The cost of any services or goods contracted for is competitive with the cost of like services or goods provided by other reputable companies offering such services or goods in the Charlottesville,Virginia metropolitan area; or (4) The contract or transaction is commercially reasonable for the Condominium and to the Association at the time it is authorized,ratified, approved or executed. A common or interested Director may be counted in determining the presence of a quorum of any meeting of the Board of Directors or committee thereof which authorizes,approves or ratifies any contract or transaction, and may vote thereat to authorize any contract or transaction as if he were not such a common or interested Director or officer. C. Exculpation of the Association. The Association shall not be liable for any failure of water supply or other services to be obtained by the Association or paid for as a Common Expense,or for injury or damage to any person or property caused by the elements or by the Unit Owner of any Unit,or any other person,or resulting from electricity,water,snow or ice which may leak or flow from any portion of the Common Elements or from any pipe,drain,conduit,appliance or equipment. The Association shall not be liable to any Unit Owner for loss or damage, by theft or otherwise, of articles which may be stored upon any of the Common Elements. No offset, diminution or abatement of any assessments, as elsewhere provided herein, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Elements or from any action taken by the Association to comply with any law or ordinance or with the order or directive of any municipal or other governmental authority. ARTICLE IX AMENDMENTS These Articles of Incorporation may be amended only by the affirmative vote of fifty percent(50%)or more of the Unit Owners voting in person or proxy at one time at a duly convened meeting at which a quorum is present. IN WITNESS WHEREOF,for the purpose of forming this corporation under the laws of the Commonwealth of Virginia,I,the undersigned incorporator,have executed these Articles of Incorporation this 11th day of April,2005. W. Stephen cott, Inco rator 4