HomeMy WebLinkAboutSUB201300058 Other 2013-04-30Prepared by: Lois Haverstrom
170 South Pantops Drive
Charlottesville, VA 22911
Albemarle County Tax Map Parcels: 61 -166, 62F -A and 62D -IA
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
DUNLORA FOREST
THIS DECLARATION is made this — day of January,2013, by ROCK CREEK
PROPERTIES, LLC, a Virginia limited liability company ( "Declarant ").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located in the County of Albemarle
which is described on the Plat attached as Exhibit "A" and in Section 2.01' and desires to create thereon
(and on such additional real property as may hereafter be subjected to the provisions of this Declaration) a
planned community known as "DUNLORA FOREST" (hereinafter " DUNLORA FOREST ").
WHEREAS, Declarant desires to provide for the protection and enhancement of the value and
desirability of DUNLORA FOREST and for the maintenance of DUNLORA FOREST, and to this end,
Declarant desires to subject the real property described in Section 2.01 hereof, together with such additional
real property as may hereafter be subjected to this Declaration to the covenants, restrictions, easements,
conditions, reservations, liens and charges hereinafter set forth, each and all of which is and are for the benefit
of said real property and the owners thereof.
NOW THEREFORE, Declarant hereby desires that the real property described in Exhibit A and
in Section 2.01 hereof, and such additions thereto as may hereafter be made pursuant to Section 2.02 hereof,
shall be held, transferred, sold, conveyed, leased, donated, devised, inherited and occupied subject to the
covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, and
any valid amendments or supplements hereto. These covenants,. restrictions, easements, conditions,
reservations, liens and charges and all other provisions hereinafter set forth shall nun with the land and shall he
binding upon any and all parties who have, or shall acquire, any right, title, or interest in all or any part of
the real property subject to this Declaration, and shall inure to the benefit of each Owner hereof.
ARTICLE I — DEFINITIONS
The following words, when used in this Declaration, shall have the following meanings:
Section 1.01. "Architectural Review Board" shall mean and refer to the Committee established
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in Article IX hereof for the purpose of regulating the external design, appearance and use of the Lots,
Common Area and improvements thereon.
Section 1.02. "Association" shall mean and refer to Dunlora Forest Homeowners Association,
Inc., a non - profit, non -stock corporation to be incorporated under the laws of the Commonwealth of
Virginia, its successors and assigns. An alternate Association name may be selected to accommodate name
availability with the State Corporation Commission.
Section 1.03. " DUNLORA FOREST" shall mean and refer to that portion of the Property
described in Section 2.01 hereof, which is hereby subjected to this Declaration, together with such other
real property as may hereafter from time to time be added thereto under the terms of Section 2.02 hereof.
Section, 1.04. "Board of Directors" shall mean and refer to the Board of Directors of the
Association.
Section 1.05. "Common Area" shall mean and refer to any lot, area, pieces or parcels of land,
together with all appurtenances thereto belonging, shown on the Plat (as defined in Section 2.01 hereof),
less and except the Lots and any property dedicated to and accepted by a public authority, to be held,
owned and administered for the common use, benefit and/or enjoyment of the Owners and residents of
DUNLORA FOREST. Prior to the expiration of the Declarant Control Period, the Declarant shall convey
the Common Area to the Association in fee simple, free and clear of all liens, but subject to this
Declaration and all other easements, conditions and restrictions of record. The Association shall accept
title to any portion of the Property _offered to the Association by the „Declarant or as directed by the
Declarant. The Common- Areas include Open Spaces A through E as shown on the Plat, as- well as he
Private Roads, and other space that the Declarant may designate in a supplemental declaration.
Section 1.06. "Community Assessments” shall' mean and refer to the charges, fees and liens
imposed upon Lots for community purposes as provided in this Declaration, and as may be amended from
time to time.
Section 1.07. "Declarant" shall mean and refer to Rock Creek Properties, LLC, a Virginia
limited liability company, and any successor to or assignee of it as Declarant and/or developer.
Section 1.08. "Declarant Control Period" shall mean and refer to the period commencing on the
date" of the recordation of this Declaration in the Clerk's Office and terminating on the earlier of (a) the
date on which the Declarant no longer owns any part of the Property; or (b) any earlier date contained
written notice from the Declarant to the Association specifying the termination date of the Declarant
Control Period.
Section 1.09. "Declaration" shall mean and refer to the covenants, restrictions,
easements, conditions, reservations, liens and charges and all other provisions herein as set forth in this
entire document, as the same may from time to time be amended or supplemented.
Section 1.10. "Dwelling Unit" shall mean and refer to any portion of the Property, as improved,
intended for any type of independent ownership for use and occupancy as a residence by one household.
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Section 1. 11. "Lot" shall mean and refer to any plat of land numerically designated and shown or
described on any recorded plat of any portion of DUNLORA FOREST, by phase or otherwise, with the
exception of Common Area. "Attached Lot" shall mean and refer to all townhouse or duplex Lots, where
the dwelling units share at least one (1) party wall.
Section 1.12. "Maintain" shall mean care, inspection, maintenance, operation, repair, repainting,
remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction.
Section 1.13. "Member" shall mean and refer to any Lot owner entitled to membership in the
Association.
Section 1.14. "Mortgage" shall mean each deed of trust or mortgage or similar instrument
recorded against the title of any portion of the Property and encumbering same as security for the
performance of any obligation (including, without limitation, the payment of any liability). "First
Mortgage" shall mean and refer to that Mortgage which is in first recorded position against the title of any
portion of the Property.
Section 1.15. "Mortgagee" shall mean the institutional holder, insurer or guarantor of a Mortgage.
Section 1.16. "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, including Declarant, of the fee simple title to any Lot, including contract sellers, but excluding
those having such interest merely as security for the performance of an obligation. In the case where a Lot is
held by one or more persons for life with the remainder to another or others, the term "Owner" shall mean
and refer only to such life tenant or tenants until such time as the remainderman or remaindermen come
into use, possession or enjoyment of such Lot.
Section 1.17. "Property" shall mean and refer to that certain real property, described in Section
2.01, and as shown in the Plat that is Exhibit "A" hereto, and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
Section 1.18. "Reserve Fund Assessments" shall mean and refer to the charges, fees and liens
imposed upon Lots with townhouses for the purpose of providing the long term capital improvement,
repairs, maintenance and/or replacements of the townhouse or attached unit elements provided for in this
Declaration. Reserve Fund Assessments shall also mean and refer to the charges, fees and liens imposed
upon all Lots for roads, and road frontage sidewalks as provided in this Declaration, and other repairs or
replacements of community features, common areas and common elements, as deemed appropriate by the
Board of the Association.
Section 1.19. "Roads" shall mean and refer in the roads and streets within DUNLORA FOREST
designated as Public Right of Way and/or Private, as shown and described on the Plat in Exhibit A (as
defined in Section 2.01 hereof), as well as any future roads that are platted to serve future development
phases in DUNLORA FOREST. The Roads include all improvements within the designated right of
ways, including, but not limited to curbs, sidewalks and grass strips, if applicable. The Private Roadways
are part of the Common Area that will be conveyed to the Association as set forth herein and are subject
to maintenance by the Association as set forth in Article VI.
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Section 1.20. "Supplemental Declaration" shall mean and refer to any declaration of covenants,
conditions and restrictions which may be executed and recorded by Declarant which extends the
provisions of this Declaration to additional real property and to any declaration of covenants, conditions
and restrictions which may be executed and recorded pursuant to Section 13.04 hereof which imposes
additional, modified, supplementary or complementary provisions, covenants, conditions and/or
restrictions upon the real property then subject to this Declaration.
ARTICLE II — PROPERTY SUBJECT TO THIS DECLARATION
Section 2.01. DUNLORA FOREST. The portion of the Property which at this time is, and shall
be held, transferred, sold, conveyed, donated, leased, devised, inherited and occupied subject to this
Declaration, is:
Those certain lots or parcels of land numbered 1 through 60, in Phase 1 and Phase 2 of
Dunlora Forest S ubdivisi on, and, Open Space Parcels A, B, C, D and E, and Private
_ _. _.
Roadways, as shown and described on the certain subdivision plat entitled "Plat Showing
a Subdivision of and Easements for Dunlora Forest, Phases 1 & 2" (the "Plat"),, prepared
as Revised December 28, 2012 and
by Dominion Engineering. dated '_August 20,_ 2012, _ _ _ _,
as recorded herewith in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia ( "Clerk's Office "), to which reference is hereby made for a
more particular description of the Property.
Section 2.02. Additional Property. Declarant shall have the right, but not the obligation, without
further consent of the, Association or of other Owners, to bring within the plan and operation of this
Declaration and the jurisdiction of the Association all or any portion of the Property or such other real
property owned by Declarant. Such additions may be made as one tract or as several smaller tracts at
different times. To make any addition authorized by this section, Declarant shall file a Supplemental
Declaration with respect to the real property being added to DUNLORA FOREST which shall amend the
operation and effect of this Declaration, and the jurisdiction of the Association, to such added real
property. A Supplemental Declaration filed by Declarant may contain such complementary conditions and
modifications of the covenants, conditions and restrictions contained in this Declaration as may be
necessary or desirable to reflect the different character, if any, of the added real property.
Section 2.03. Addition of Adjoining and Improved Subdivisions into the Association. The
Association may accept other adjoining and already improved lots, parcels and/or subdivisions into the
DUNLORA FOREST Association. Approval of such action must be completed at a duly noticed
meeting of the Association, by a simple majority vote of the Lots present to vote, in person or by proxy,
where a quorum is established for such meeting. Upon approval of the addition of an adjoining and
improved lot, parcel or subdivision into the Association, the Board is authorized to amend the
Declaration and record such amendment to reflect the additional property that is held subject to this
Declaration. Lots in Phase 3 . will be platted' on part of ; the,, space currently , identified as
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ARTICLE III - ASSOCIATION
Section 3.01. Association. Dunlora Forest Homeowners Association, Inc. is a non - profit, non -
stock membership corporation, incorporated under the laws of the Commonwealth of Virginia for the
purpose of applying, administering, and enforcing the covenants, restrictions, conditions, liens and
charges contained in this Declaration; owning, Maintaining and administering the Common Area; and
providing the maintenance within DUNLORA FOREST as set in this Declaration. The name of the
Association may be changed to reflect name availability with the Virginia State Corporation Commission.
Section 3.02. Title to Common Area. The Declarant shall convey the Common Area to the
Association in fee simple, free and clear of all liens, but subject to this Declaration and all other
easements, conditions and restrictions of record, prior to the expiration of the Declarant Control Period.
The Association shall accept title to any portion of the Property offered to the Association offered to the
Association by the Declarant or as directed by the Declarant.
ARTICLE IV – INSURANCE
Section 4.01. Insurance. Each Owner covenants and agrees to maintain fire, general liability and
extended coverage insurance on the improvements and structures on their Lot to the full insurable value
thereof. The Association shall only carry insurance related to the Common Areas, common elements of this
Association, and administration of the Association.
Section 4.02. Restoring Property. In the event any improvements or structures located on a Lot are
damaged or destroyed by any casualty, the Owner of such Lot shall promptly restore the improvements at the
Owner's, sole cost and expense to original condition existing prior to the casualty event or to a condition better
than the original condition.
ARTICLE V— EASEMENTS
Section 5.01. Generally. In addition to all utility easements and sight distance easements reserved
on the Plat, the Declarant reserves unto itself, its successors and assigns, perpetual and alienable easements
and right of ways on every portion of the Common Area (i) to construct, Maintain, inspect, replace and repair
all utilities, including, but not limited to, water, sewer, electric, telephone and cable, with the corresponding
poles, wires, cables, conduits, pipes, valves, and other suitable equipment for the conveyance of water,
sewer, telephone, electricity, cable, communications and other utilities and public conveniences; (ii) for
storm and surface -water drainage, together with the right of ingress and egress to all such facilities and
easements for the construction and maintenance thereof; (iii) to create, provide and Maintain any sight
distance easements and/or slopes required by the County of Albemarle and/or the Virginia Department of
Transportation for use and/or acceptance for public maintenance of the Roads; and (iv) to meet any other
condition or requirement of any governmental authority related to the subdivision and or development of
DUNLORA FOREST and/or the use and/or acceptance of the Roads for public maintenance. These
Easements reserved by the Declarant can be dedicated by the Declarant to the respective utility.
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Section 5.02. Temporary Construction Easements. The Declarant reserves unto itself, its
successors and assigns, temporary, alienable easements within and across those portions 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,
installation of drainage facilities, and the installation of all utilities. The Declarant may transfer all or
some of the rights conveyed in this easement to third parties. This temporary construction easement shall
terminate upon: A) the completion of the Roads, the facilities appurtenant to the Road construction, the
utilities, and, all other infrastructure for DUNLORA FOREST, and, B) upon acceptance and approval of
such Roads, utilities or infrastructure by the applicable utility, VDOT or other governmental agency, and,
C) the release of all the corresponding bonds for such improvements.
Section 5.03. Easement of Enioyment of Common Area. Each Owner, the immediate family of
each Owner, the guests of each Owner, and the tenants of each Owner shall have a right and easement of
use and enjoyment of the Common Area, including the sidewalks and any facilities situated thereon,
subject to the following:
(a) No obstruction or storage within the Common Area is permitted without the prior
express written consent of the Association;
(b) The right of the Association to limit the number of guests of the Owners to
facilities located within the Common Area and to establish and charge reasonable admission or other fees
for use of any recreational facilities situated upon any portion of the Common Area;
(c) The right of the Association to suspend the voting rights and right to use of the
Common Area by any Owner for a period during which any Assessment against his Lot remains unpaid,
and for a period for any infraction of the Association's published rules and regulations, provided that
access to the Owner's Lot over Common Area is not disturbed or interfered with;
(d) The right of the Association to dedicate or transfer all or any part of the Common
Area, subject to the Declarant's Easements in this Article V hereof, to any public agency, authority or
utility for such purposes and subject to such conditions as may be agreed to by the Owners. If ingress or
egress to any Lot is through the Common Area, any transfer of that portion of the Common Area shall be
made subject to the Owner's easement; and
(e) The right of the Association to place reasonable restrictions and rules upon the
use of the Common Area and Easements.
Section 5.04. Drainage and Maintenance Easements. The Declarant reserves unto
itself, its successors and assigns, perpetual and alienable drainage easements and right of ways above
ground and underground as shown on the Plat and upon every portion of the Common Area to construct,
Maintain, inspect, replace and repair pipes and swales for storm and surface water drainage. Further, the
Declarant shall establish such easements for drainage and water flow as the contours of the Property and the
arrangements of buildings on the Property requires. Declarant reserves unto itself, its successors and
assigns, the exclusive right to sell, grant, convey and/or dedicate any utility system and adjoining area located
within the Property to the County of Albemarle or one or more public utility companies. Such rights shall
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continue in effect until such time as the Declarant, including any successor or assign, has conveyed or
relinquished all of its right, title and interest in and to any portion of the Property.
Section 5.05. Easement for Maintenance, Repair and Replacement. For the purpose of
performing the maintenance on the Lots or Common Area required or permitted by this Declaration,
the Declarant and /or the Association, through its duly authorized agents and/or employees, shall have a
non - exclusive easement to enter upon, or in, any Lot or any portion of the Common Area, for the purpose of
performing maintenance in accordance with all Articles of this Declaration.
Section 5.06. Scope of Easements. The easements provided for in this Section shall include the
right to cut any trees, brush and shrubbery, make any grading of soil, and take other similar action reasonably
necessary to provide economical and safe utility installation and drainage facilities. No new trees, shrubs,
fences, buildings, overhangs or other improvements or obstructions shall be placed within the easements
provided for in this Section. The rights in this Section may be exercised by any licensee of the Declarant,
but shall not be deemed to impose any obligation upon the Declarant to provide or Maintain any utility or
drainage services. Any damage resulting from the use of the easements hereby reserved shall be promptly
rectified at the expense or the entity or persons responsible for such damage.
Section 5.07. Parking Lot Easements. Prior to conveying particular Lots to third parties, the
Declarant may establish certain Parking Lot Easements over and across certain Lots, to be administered
by the Association. All such Parking Lot Easements shall be maintained and administered according to
rules and standards that will be adopted by the Board of the Association, as may be amended from time to
time.
. Section 5.08. Encroachment. 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 plats and plans (or any errors
thereon) in the construction, repair, renovation, restoration and replacement of any structure; or (c)
settling or shifting of any land or improvements.
ARTICLE VI — MAINTENANCE OF DUNLORA FOREST
Section 6.01. Sidewalks. The initial construction of the road frontage and park
sidewalks shall be borne and completed by Declarant. As of the date the Declarant installs the Common
Area improvements, the cleaning, repair, maintenance, upkeep, improvement, snow removal,
enhancement and replacement of the sidewalks within the Common Area shall be borne by the Association.
All walkways running from road frontage sidewalks to the door of all Lots will be Maintained, replaced,
improved or repaired and the snow removed by individual Lot Owners. The road frontage sidewalks that
are within the Public Right of way are maintained by the County and subject to all County ordinances,
including ordinances relating to snow removal by Owners, if applicable. The Association may, but is not
obligated to, include sidewalk snow removal as part of the services provided by the Association. Such
service must be approved in each annual budget by the Board if the service is going to be provided in any
given year.
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Section 6.02. Maintenance of Drainage and Storm Water-Run -Off Control Measures. The
County of Albemarle, Virginia ( "County ") has required certain drainage and storm water run -off control
measures to be constructed, maintenance, inspected, replaced and repaired as part of its approval of the
development of DUNLORA FOREST. This subdivision will be subject 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. These
facilities include, but are not limited to, storm sewers, drainage channels, inlet channels, biofilters and
basins.
Section 6.03. Maintenance of Identification Signs. The Declarant has determined that it is
desirable to construct, install, and Maintain community and street identification signs within DUNLORA
FOREST. 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 be Maintained by the
County of Albemarle ( "County ") Road System. All signs and street lights in the subdivision shall be
accordance with the requirements of the County.
Section 6.04. 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 County
Road System and thereby be publicly maintained.
(b) Regulation of Traffic and Parking. Until the Public Roads are accepted for public
use and 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. 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 Private Roads, including the establishment of speed
limits and regulation of parking along the Private Roads.
(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 DUNLORA FOREST
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 (not sidewalks) 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 County's Public Road
System.
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(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 DUNLORA FOREST shall be the sole responsibility of the Association as set forth below:
(i) Minimum Standards: The Private streets shall be maintained with a
minimum thirty (30) feet width easement and twenty four (24) feet wide paved travel surface, to
be maintained in perpetuity to substantially the same condition it was in when approved by the
County and initially constructed by the Declarant. The travelway 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 streets or alleys, and all curbs, curbs and gutters, drainage facilities,
utilities, dams, bridges and other private street improvements, and the prompt removal of snow,
water, debris, or any other obstruction so as to keep the private street 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 Dunlora Forest.
(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
Board of the Association. The cost and obligations to pay for Private Road Maintenance shall be
part of the Assessment structure of the Association.
(e) Parkin Areas. reas. Each Lot is required to utilize garage and driveway parking to
the fullest extent, first and foremost, for their automobiles. Any parking areas that are established in
DUNLORA FOREST will be used and maintained according to rules to be adopted by the Board. Such
parking spaces may be assigned to individual Lots and/or reserved as guest parking, to be determined and
modified from time to time according to the Board. Available Parking spaces will NOT be allocated
evenly to every Lot or Owner. The Parking Areas will be along the Private Roadways and maintained in
the same manner as the Private Roads in (d) above.
Section 6.05. Maintenance of Grounds. The initial grading, seeding, and landscaping of
Common Areas, entrance features, and, storm water management facilities, as deemed appropriate by
Declarant, shall be borne and completed by Declarant. Upon completion of the Common Areas,
entrance features and storm water management facilities, the Association shall be responsible for the
maintenance of all grass, and the maintenance of, and in its discretion, the replacement of, all shrubbery
and other plantings within the Common Area, which are either natural or were planted by Declarant
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within the Common Areas and the costs of such maintenance shall be an expense of the Association.
Except as otherwise provide for herein, it is each Owner's responsibility to Maintain all landscaping,
shrubbery and plantings on its Lot.
Section 6.06. Maintenance of Common Areas Improvements. After the initial installation by
the Declarant is complete, the Association shall be responsible for the upkeep, maintenance, management,
operation and control of the Common Area and all improvements thereon including but not limited to,
sidewalks, playground equipment, benches, 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 sidewalks and trails, parks, playgrounds, playing fields, the community
meeting space, 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 6.07. Maintenance of Part.
(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, and to the extent not inconsistent
with the provisions of Section 6.07(b), 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.
(c) Destruction by Fire or Other Casualty_. If a party wall is destroyed or damaged by
fire or other casualty, any Owner who has used the wall may repair or restore it, and if the other Owners
thereafter make use of the wall, they 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 of Section 6.07(b), 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 under Section 6.07 shall be appurtenant to run with the land and shall pass to such
owner's Owner's successor in title.
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(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 of Fifteen Percent (15 %) of the cost of such work or Fifty Dollars ($50.00),
whichever is greater.
Section 6.08. 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) Removal of snow and ice from walkways, lead walks and driveways;
(ii) 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);
(iii) Leaf cleaning from gutters and downspouts, to prevent overflow and
clogging of the drainage systems for Detached Lots;
(iv) Trimming, weeding, watering, planting and general upkeep of all
landscaping beds on the Lot, including the removal and replacement of dead trees, shrubs and
plantings;
(v) Power washing;
(vi) Roof repair and replacement for detached Lots.
(vii) All trash and debris removal from the Property, as well as all tree and
branch maintenance for trees located on an Owners' Lot.
(viii) 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.
(ix) Street Lighting. DUNLORA FOREST 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.
(x) All of the above maintenance items 'shall be governed by standards
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established by the Declarant during the Development period, and thereafter, by the Board (or as
may be delegated by the Board to the Architectural Review Board).
(xi) 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 15% 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 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 6.08 (a) above.
(ii) Mulch. 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.
(iii) Leaves. Leaf cleaning from gutters and downspouts, to prevent overflow
and clogging of the drainage systems for Attached Lots only.
(iv) Sidewalk Snow /Ice Removal. The Association shall provide snow and
ice removal from the connective neighborhood sidewalks adjacent to the Roads, but not for the
private lead walks or driveways on each Lot.
(v) All of the above maintenance items shall be governed by standards
established by the Declarant during the Development period, and thereafter, by the Board.
ARTICLE VII — THE ASSOCIATION
Section 7.01. Membership. The Owner of a Lot shall be a Member of the Association. In
addition, Declarant shall be a Member of the Association as set forth in this Declaration, the
Articles of Incorporation and Bylaws of the Association so long as Declarant owns any Lot.
Membership in the Association shall be appurtenant to and may not be separated or alienated from,
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ownership of Lots.
Section 7.02. Voting Rights. The total number of residential Dwelling Units shall be
determined as permitted by the County of Albemarle, Virginia, and as recorded Lots for Dwelling Units in
the Clerk's Office. Each Lot constitutes one (1) residential Dwelling Unit. DUNLORA FOREST and
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 to
any Lot.
Class B: The Class B Member shall be the Declarant. The Class B Member shall
be entitled to ten (10) 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 -five percent (95 %)
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 in DUNLORA FOREST 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.
Section 7.03. Board of Directors. The initial Board of Directors shall be appointed by the
Declarant until the first meeting of the Association. At said meeting the Board of Directors of the
Association shall be elected by the Members as set forth in the Bylaws of the Association.
Section 7.04. Powers and Duties of Board of Directors. The Board of Directors shall have all
of the powers and duties necessary for the administration of the affairs of the Association and may do all
such acts and things as are not by the Declaration or by the Articles of Incorporation and/or Bylaws of
the Association required to be exercised or done by the Members of the Association.
Section 7.05. Quorum; Notice. 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 Member 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 Member 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 7.06. 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
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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 and a ballot on which each Member may vote for or against each such motion.
Section 7.07. Voting Rights Abated. Voted rights are abated for any Lot where the current Owner is
subject to past due and delinquent assessments, that are in excess of 30 days past due. Voting rights resume
after all past due Assessments are brought current.
ARTICLE VIII — ASSESSMENTS
Section 8.01. Types of Assessments. Within DUNLORA FOREST, three (3) types of
assessments are permitted, as follows: (1) Community Assessments made by the Association upon all
Lots for regular and daily community purposes; (2) Reserve Fund Assessments made by the
Association upon all Lots for the periodic work such as: the long term capital improvements for
common elements, parking areas (if any), and, other repairs or replacements of community features; (3)
Attached Lot Reserve Fund Assessments made by the Association upon Lots with attached units for the
periodic work such as: the long term capital improvements and other repairs or replacements as provided for
in this Declaration, (collectively referred to as the "Assessments "). In addition, all of the above Assessments
can be regular or special as set forth herein. A chart is provided in Section 8.06(d) to illustrate the main
features of Assessment Structure.
Section 8.02. Assessments by Class and Exceptions. All Assessments in this section are paid by
Class A Members. Class B Members, the Declarant, and, third party home builders, do not pay any
Assessments hereunder, except as provided for below. Notwithstanding the foregoing, in the event that
a third party home builder does not convey his improved Lot within twelve (12) months of the
issuance of a Certificate of Occupancy, thereafter said third party home builder shall begin to pay
Assessments as a Class A Member beginning on the first calendar day of the month following the twelve (12)
month anniversary of the issuance of the Certificate of Occupancy.
Section 8.03. Community Assessments.
(a) Creation of Community Assessment Lien. Declarant, for each Lot owned,
hereby covenants, and each Owner of any Lot, by acceptance of a deed or other instrument of conveyance
therefor, including any purchaser at a judicial or trustee sale, whether or not it shall be so expressed in any
such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association the
following Community Assessments: (1) all annual assessment dues, fees and charges, and (2) all special
Community Assessments for capital improvements, major repair, and/or extraordinary items, such special
Community Assessments to be fixed, established and collected from time to time as hereinafter provided.
The Community Assessments, together with interest as hereinafter provided, costs of collection, and
reasonable attorney's fees, shall be a charge upon the land and shall be a continuing lien upon the Lot against
which each such Community Assessment is made as hereinafter provided. No Owner may waive or otherwise
avoid liability for the Community Assessments by the non -use of the Common Area or by
abandonment of his Lot or rights in the Common Area.
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(b) Purpose of Community Assessments. The Community Assessments levied by
the Association shall be used to promote the enjoyment, health, safety and welfare of the residents in
DUNLORA FOREST, and in particular for the repair, maintenance, upkeep, improvement and
enhancement of access easements, private roads, parks, sidewalks within the parks and private roads,
surface and storm water drainage facilities, identification signs, exterior lighting systems for streets (if
applicable) and/or Common Areas, and Maintaining the grounds of Common Area, parking areas (if any),
and amenities in DUNLORA FOREST including but not limited to mowing grass, landscaping, paving,
striping, cleaning, snow and ice removal in the Common Areas, as provided in this Declaration, and if deemed
necessary and/or appropriate by the Board of Directors of the Association, the advancement of the cost of
any payment, repair and/or replacement of any item which is the responsibility of any Owner until such
time as the additional assessment attributable thereto can be levied and collected from the Owner(s)
responsible therefor. The Community Assessment is also to cover lawn mowing, mulch services, trash
removal, and other services as set forth in Section 6.08.b. The Community Assessment is also for the
administrative expenses of operating the Association, included but not limited to: the fees and expenses of
hiring a professional management company, insurance, mailings, websites, banking, corporate filings,
other professional assistance, and, all other administrative expenses.
(c) Annual Community Assessments. The annual Community Assessments
shall be made on the basis of a calendar year beginning January 1St and ending December 31St. The level of
such annual Community Assessments shall be established annually by the Board as set forth in the
Bylaws of the Association and upon the establishment of the annual Community Assessments, all Owners
shall be notified of the amount of such fee and the terms of the payment thereof. Fees shall, when
feasible, be based on the Association's approved operating budget for the fiscal year in which the
Assessment will be collected. The initial annual Community Assessment on each improved Lot
(improved by a completed Dwelling Unit for which a certificate of occupancy has been issued by the
County of Albemarle, Virginia) shall be Eisht Hundred Dollars '($800.00) per year, prorated from the
commencement of collections.
(d) Special Community Assessments. In addition to the annual Community
Assessment authorized above, the Association may levy in any assessment year a special Community
Assessment applicable to that calendar year only for the purpose of defraying, in whole or in part, the
costs of any major and /or extraordinary expense of the Association, and if deemed necessary
and/or appropriate by the Board of Directors of the Association, the advancement of the cost of any payment,
repair and/or replacement of any item which is the responsibility of any Owner until such time as the
additional assessment attributable thereto can be levied and collected from the Owners(s) responsible
therefore; provided, that any such special Community Assessment shall have the consent of a two - thirds
(2/3) vote of the quorum at a meeting of the Association duly called for this purpose.
(e) Uniform Rate of Assessment. Both annual and special Community Assessments
must be fixed at a uniform rate for all improved Lots as a class and may be collected in advance on a
quarterly or other periodic basis as determined by the Board of Directors.
Section 8.04. Community Reserve Fund Assessments.
(a) Creation of Reserve Fund Assessment Lien. The Declarant, for each Lot owned
on which a Dwelling Unit is presently or shall hereafter be constructed, hereby covenants, and each
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Owner of any such Lot, by acceptance of a deed or other instrument of conveyance therefor, including
any purchaser at a judicial or trustee sale, whether or not it shall be so expressed in any such deed or other
conveyance, shall be deemed to covenant and agree to pay to the Association the following Community
Reserve Fund Assessments: (1) all annual Community Reserve Fund Assessments,.fees and charges, and,
(2) all special Community Reserve Fund Assessments for common area improvements or other( extra
ordinary expenses of the Association. The Community Reserve Fund Assessments, together with interest
as hereinafter provided, costs of collection, and reasonable attorney's fees, shall be a charge upon the land
and shall be a continuing lien upon the Lot against which the Reserve Fund Assessments are made as
hereinafter provided. No Owner may waive or otherwise avoid liability for such Reserve Fund
Assessment by the non -use of abandonment of his Lot.
(b) Purpose of Community Reserve Fund Assessments. The Community Reserve
Fund Assessments levied by the Association shall be used for the purpose of. (i) the long term capital
improvements or major maintenance of the Common Areas and Private Roadways, and/or (ii) other
unforeseen and extraordinary expenses of the Association. Repairs and replacements may be made at such
time and in such manner as the Board of Directors of the Association shall determine. General yearly
maintenance or minor repairs should be covered under the Community Assessments above.
(c) Annual Community Reserve Fund Assessment. The annual Community Reserve
Fund Assessment shall be made on the basis of a calendar year beginning January 1" and ending
December 31St. The initial annual Community Reserve Fund Assessment on each improved Lot
(improved by a completed Dwelling Unit for which a certificate of occupancy has been issued by the
County of Albemarle, Virginia) shall be Forty Dollars ($40.00).' per year, prorated from the
commencement of collections. The Board may defer or waive reserve funding in any given calendar year
based on the needs analysis of a reserve study by the Board.
(d) Special Community Reserve Fund Assessment. In addition to the annual Fund
Assessment authorized above, the Association may levy in any assessment year a special Community
Reserve Fund Assessment applicable to that calendar year only for the purpose of defraying, in whole or
in part, the costs of any major and/or extraordinary improvements to the common areas or other extra
ordinary expenses of the Association; provided, that any such Special Community Reserve Fund
Assessment shall have the consent of two - thirds (2/3) of quorum at a meeting of the Association duly
called for this purpose.
(e) Uniform Rate of Assessment. Both annual and special Community Reserve Fund
Assessments must be fixed at a uniform rate for all improved Lots as a class and may be collected in
advance on a quarterly or other periodic basis, as determined by the Board of Directors.
Section 8.05. Reserve Fund Assessments for Attached Lots.
(a) Creation of Reserve Fund Assessment Lien for Attached Lots. The Declarant, for
each Attached Lot owned on which a Dwelling Unit is presently or shall hereafter be constructed, hereby
covenants, and each Owner of any such Attached Lot, by acceptance of a deed or other instrument of
conveyance therefor, including any purchaser at a judicial or trustee sale, whether or not it shall be so
expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the
Association the following Reserve Fund Assessments for Attached Lots: (1) all annual Reserve Fund
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Assessments for Attached Lots, fees and charges, and, (2) all special Reserve Fund Assessments for
Attached Lots for other extra ordinary expenses of the Association relating to Attached Lots. The
Reserve Fund Assessments for Attached Lots, together with interest as hereinafter provided, costs of
collection, and reasonable attorney's fees, shall be a charge upon the land and shall be a continuing lien
upon the Lot against which the Reserve Fund Assessments for Attached Lots are made as hereinafter
provided. No Owner may waive or otherwise avoid liability for such Reserve Fund Assessment for
Attached Lots by the non -use of abandonment of his Lot.
(b) Purpose of Reserve Fund Assessments for Attached Lots. The Reserve Fund
Assessments for Attached Lots levied by the Association shall be used for the purpose of: (i) the long
term capital improvements or major maintenance of the gutter and roofs of Attached Lots, and/or (ii)
other unforeseen and extraordinary expenses of the Association relating to Attached Lots. Roof and
Gutter repairs and replacements may be made at such time and in such manner as the Board of Directors of
the Association shall determine. General yearly maintenance or minor repairs should be covered under the
Attached Lot Assessments above.
(c) Annual Reserve Fund Assessment for Attached Lots. The annual Reserve Fund
Assessment for Attached Lots shall be made on the basis of a calendar year beginning January lst and
ending December 31St. Until January 1, 2012, the initial annual Reserve Fund Assessment for each
improved Attached Lot (improved by a completed Dwelling Unit for which a certificate of occupancy has
been issued by the County of Albemarle, Virginia) shall be ,-'One Hundred Twentv Dollars ($120.00), per
year. The Board may defer or waiver reserve funding in any given calendar year based on the needs
analysis of a reserve study by the Board.
(d) Special Reserve Fund Assessment for Attached Lots. In addition to the annual
Fund Assessment for Attached Lots authorized above, the Association may levy in any assessment year a
special Reserve Fund Assessment for Attached Lots applicable to that calendar year only for the purpose
of defraying, in whole or in part, the costs of any major and/or extraordinary improvements to the exterior
roofs and gutters or other extra ordinary expenses of the Association for Attached Lots; provided, that any
such Special Reserve Fund Assessment for Attached Lots shall have the consent of two - thirds (2/3) of
quorum at a meeting of the Association duly called for this purpose.
(e) Uniform Rate of Assessment for Attached Lots. Both annual and special Reserve
Fund Assessments for Attached Lots must be fixed at a uniform rate for all improved Attached Lots as a
class and may be collected in advance on a quarterly or other periodic basis, as determined by the Board
of Directors.
Section 8.06: Date of Commencement of ALL Assessments and ALL Annual Reserve Fund
Assessments, and, Increases in Assessments.
(a) Commencement. Except as set forth in Section 8.02, the annual Assessments
provided for herein shall commence as to all Lots on the date to be specified by the Declarant, but in no
event later than the first day of the first calendar quarter following the first meeting of the Association.
The Assessments may be prorated to reflect any portion of a year when dues collection commences. The
Reserve Fund Assessments provided for herein shall commence as to all improved Lots on the date to be
specified by the Declarant, but in no event later than the first day or the first calendar quarter following the
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first meeting of the Association. The Board of Directors shall set the amount of the Assessments against
each applicable Lot and the amount of the Reserve Fund Assessments against each applicable Lot at least
thirty (30) days in advance of each annual assessment period. Written notice or e -mail notice of such
Assessments shall be sent to the Owners subject thereto, by Notice to address of the property, or, such other
address that has been provided in writing to the Association from the Owner of record. The Board of
Directors shall have the right to subsequently increase such annual assessments and to make a supplemental
levy upon the Owners subject thereto if the Board of Directors determines that the amount of such normal
assessment as initially set was inadequate. '
(b) Assessment Collection Dates. Unless otherwise established by the Board of
Directors, such aimual Assessments shall be due in advance in four (4) equal quarterly installments on the
1st day of January, April, July and October, and annual Assessments shall be prorated where sale is made
or residential structure is completed between the quarterly due dates. The Association shall within
fourteen (14) business days of request furnish a certificate in writing signed by an officer of the
Association setting forth whether the Assessments on a specified Lot have been paid. A reasonable
charge may be made by the Board of Directors for the issuance of these certificates. Such certificates shall
be conclusive evidence of payment of any assessment therein stated to have been paid. The frequency of
assessment collection is initially set as quarterly, but may be adjusted by action of the Board of Directors
to monthly, semiannually or annually for the effective management of the Association.
(c) Assessment Increases. Each calendar year, the Regular and Reserve Fund
Assessments may be increased or decreased by up to twelve percent (12 %) 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 Annual Community Assessments (Section 8.03),
Community Reserve Fund Assessments (Section 8.04), and, Reserve Fund Assessment for Attached Lots
(Section 8.05), 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 twelve percent (12 %) 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 type of Assessment may be
considered separately by the Board and the same percentage of increase or decrease need not apply
uniformly across each type of Assessment. Any increase requested by the Board of Directors in excess of
twelve percent (12 %) 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 schedule for collection as approved by the Board and need not be collected in even
payments over the course of the applicable calendar year.
(d) New Owner Set Up Fee. There will be 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. Said amount is payable to the Association, upon the recordation of a new Deed to any
Lot. The fee may be assigned by the Board to a 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. It is the intention of this
Section to exclude certain conveyances, including but not limited to, Deeds of Gift, bequests under a will,
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transfers by the Declarant and home builders, as well as court ordered transfers.
(e) Assessment Illustrative Summary. This is a general table of Regular
Assessments only. Additional terms and conditions are set out in more detail throughout this Article VIII
and this Declaration. Special Assessments and periodic Assessment increases are not illustrated in this
table.
Type of Assessment
Applies to
Starting Annual
Assessments Cover the following
Attached and/or
Amount of
Services, generally.
Detached Lots
Assessment
Annual Community
Attached and
$800.00 / year
Common Area Maintenance. Lawn
Regular Assessment
Detached Lots
Mowing for all Lots. Snow & Ice
Removal on Roads. Gutter cleaning
for Attached Lots. Association
administrative expenses.
Annual Community
Attached and
$40.00 / year
Long term capital improvement of
Reserve Fund
Detached Lots
Common Area elements, such as
Assessment
private road repairs, entrance features,
park improvements and storm water
management facilities.
Annual Reserve Fund
Attached Lots
$120.00 / year
Long term capital improvements for
Assessment for
Only
roofs and gutters on Attached Lots
Attached Lots
Only.
NOTES-
(i) Special assessments can be voted on and added to each of the Assessment types and
amounts listed above.
(ii) Starting amount are effective when Assessments commence and are subject to increases as
voted on by the Board and the Association.
(iii) There is a new Owner Set Up Fee to pay for administrative changes associated with
transfers in Ownership. See 8.06(d) above.
Section 8.07. Personal Oblijzation of Assessments. Assessments, together, with interest as
hereinafter provided, costs or collection, and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such Lot at the time when Assessments and/or Reserve
Fund Assessments first became due and payable. In the case of co- ownership of a Lot, all such co- owners
shall be jointly and severally liable for the entire amount of such assessments. All Owners of Lots, by
acceptance of an instrument of conveyance, waive all rights to any homestead exemption with respect to
their personal obligation for the payment of such assessments, later charges and/or interest. The personal
obligation for unpaid delinquent Assessments (of all types) shall not pass to an Owner's or Declarant's
successor in title, unless expressly assumed by such successor in writing.
Section 8.08. Effect of Non - Payment of Assessments; Remedies of the Association. The lien
for 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 lien.
Any Assessment and/or Reserve Fund Assessment which is not paid when due shall bear interest from
Page 19 of 31
the date when due until paid at the rate of fifteen percent (15 %) per annum, and in addition, the Owner
shall pay a fixed late fee of $10.00 per month, billed monthly beginning fifteen (15) days after the due
date for any payment not received by the Association when due. Such late fee may be increased or
decreased by the Board. In the event that any Owner is more than forty -five (45) 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/or Reserve Fund 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 forty five (45) days delinquent in payments until all delinquent
Assessments, fees, charges and interest are brought current.
Section 8.09. 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 and/or Reserve Fund
Assessment shall be prima facie of the current Assessment delinquency, if any, due on a particular
Lot.Mortgage. The lien of the Assessments provided for herein shall be subordinate to the lien of any
First Mortgage. Sale or transfer of any Lot shall not affect 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.
ARTICLE IX - ARCHITECTURAL CONTROL
Section 9.01. Purpose. An Architectural Review Board shall regulate the external design,
appearance, use, location and maintenance of improvements and landscaping on any Lot or the Common
Area, other than improvements constructed or landscaping done by Declarant, its contractors and
subcontractors, in such a manner so as to preserve and enhance values, to maintain a harmonious
relationship among structures and the natural vegetation and topography, and to preserve the general
character and architectural compatibility of DUNLORA FOREST as constructed by Declarant.
Section 9.02.
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Conditions. No improvements, alterations, repairs, change of paint or stain
colors, excavations, changes in grade, clearing, major landscaping or other work which in any way alters such
property from its natural or improved state on the date such property was first conveyed in fee by Declarant or
a third -party town home builder to an Owner of the Association shall be made or done without the prior
approval of the Architectural Review Board except as otherwise expressly provided herein. No buildings,
sheds, fences, walls, residences or other structures or improvements to a structure erected, or constructed
on any portion of DUNLORA FOREST shall be commenced, other than by Declarant, without the prior
written approval of the Architectural Review Board. Declarant shall not be required to obtain the consent
or the approval of the Architectural Review Board or of the .Association for any improvements,
construction, grading or landscaping performed by Declarant, its contractors and subcontractors in
DUNLORA FOREST.
Section 9.03. 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 and duties, the Architectural Review Board shall endeavor to maintain and
preserve the general character and architectural compatibility of DUNLORA FOREST as constructed by
Declarant. In the event the Architectural Review Board fails to approve, modify or disapprove in writing a
request for approval required herein within thirty (30) days after plans, specifications, or other appropriate
materials have been submitted in writing to it, in accordance with its adopted procedures, the approval
will be granted. The Architectural Review Board may adopt procedures, 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.
Section 9.04. Composition of Architectural Review Board. During the Declarant Control
Period, the Architectural Review Board ( "ARB ") shall be a committee initially consisting of at least one
(1) person, appointed by Declarant, but the ARB may be increased by the Board from time to time to not
more than five (5) members. Such person(s) may, but need not, be members of the Association. Members
of the ARB shall serve for a term of one year or until their successors are appointed and qualified.
Following the Declarant Control Period, the members of the ARB shall be appointed by the Board. Board
Members may serve on the ARB.
Section 9.05. Right of Entry. In emergency circumstances or otherwise upon prior notice, the
Association and the ARB, through their authorized representatives shall have the right to enter upon any
Lot and improvements thereon, at all reasonable times to ascertain whether the Lot or any structure on it
is in compliance with the provisions of this Article IX and/or any guidelines, regulations, standards or
rules of the ARB without being deemed to have committed a trespass or wrongful act.
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ARTICLE X — GENERAL USE RESTRICTIONS AND REQUIREMENTS
Section 10.01. Residential. Use. No Lot shall be utilized for the conduct of any commercial or
professional enterprise of any kind. All Lots shall be utilized exclusively for single family residential
living units and for no other purposes. For the purposes of this Declaration, the teen "single family" shall
mean and be defined as follows: (a) an individual; or, (b) two or more persons related by blood, marriage,
adoption or guardianship together as a single housekeeping unit; or, (c) no more than three persons not
related by blood, marriage, adoption or guardianship living together as a single housekeeping unit.
Notwithstanding the foregoing, telecommuting and use of a Lot for home office by the Lot Owner shall be
permitted provided that (i) such use is permitted under the applicable zoning ordinance; (ii) that no outside
sign advertising or identifying such profession or industry will be permitted on any Lot; and, (iii) such
telecommuting or home office does not require any commercial visitors to DUNLORA FOREST.
Section 10.02. Nuisances. No noxious, boisterous or offensive activity shall be carried on, upon
or in any Lot, nor shall anything be done thereon which may be or may become, an annoyance, nuisance, fire
hazard or safety hazard to the neighborhood. The provisions of this section shall not proscribe or limit in any
way the right of Declarant to carry on any development and construction activities in DUNLORA
FOREST.
Section 10.03. Signs, Flags and Decorations. 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 window 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. The Board of
the Association shall have the right to promulgate rules relating to holiday decorations, including but not
limited to the location and hours that lights may be left on and the prohibition against exterior decorations
that play music or other sounds.
Section 10.04. Recreational and Motor Vehicles. Except as may otherwise be expressly provided
for in the rules and regulations adopted by the Association, no mobile home, trailer, camper, bus, truck over
three quarter (3/4) ton rated capacity, or boat shall be placed, stored or parked within DUNLORA FOREST,
either temporarily or permanently, on a Lot and/or Public Road in the subdivision. In addition, the
Association shall have the right to regulate or prohibit the storage or parking, whether temporary or
permanent, within DUNLORA FOREST of any van or truck which in the opinion or the majority of
the Board of Directors damages or detracts from the general aesthetic character and harmony of DUNLORA
FOREST by reason of: (1) the types and/or quantities of materials or items stored within or on such van or
truck; (2) the general disrepair, poor body condition, or dilapidated state of such van or truck; or (3) the
unusual or tasteless exterior appearance of such van or truck created by unusual or custom paint schemes,
graphics, illustrations and/or words, The provisions of this section shall not proscribe or limit in any way
the rights of Declarant to park vehicles related to construction activities by Declarant, its contractors and
subcontractors.
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Section 10.05. No Temporary Structures. No structures of a temporary character, tent, or trailer
shall be used on any Lot in the Common Area at any time for storage, as a residence or for any other
purpose.
Section 10.06. Antennae, Aerials and Satellite Dishes. No antennae or aerials shall be placed on
any Lot or fixed to the exterior of any building, and no antenna or aerial placed or fixed within a building
shall extend or protrude from the exterior of such building, unless approved by the Architectural Review
Board. No transmitting or receiving equipment which might interfere with television, radio or any other
communications reception of Owners shall be used, or permitted upon or within any Lot. The provisions
of this section shall not preclude the Association from establishing a community antenna or earth
receiving television system in DUNLORA FOREST. Whenever possible and based on signal availability,
Satellite dishes shall be placed in/on the rear of a townhouse or home, when necessary, such dishes may
he placed on the roof, so long as best efforts are made to shield the view of the dish from the street.
Dishes shall not exceed twenty four (24) inches in diameter. Any damage done by the installation or
removal of a dish shall be repaired at the sole expense of the Lot Owner and not by the Association.
Section 10.07. Garage and Driveway Parking. To prevent parking problems throughout
DUNLORA FOREST, garages and/or driveways must be utilized for vehicle parking by the Members to
their fullest useful extent so as to minimize the number of vehicles visible from Common Areas, Roads at
DUNLORA FOREST. Lot Owners shall at all times keep all vehicles within the garage, driveway or
designated parking spot for their particular unit. The Declarant or the Board may adopt rules, regulations and
fines relating to parking, so that garages and driveways are fully utilized for parking and that the guest
parking is reasonably available for guests and short term parking. The Board has the authority to
designate and assign parking spaces to certain Lots within the Common Area.
Section 10.08. Clothes Drying. No clothing, laundry or wash shall be aired or dried on any
portion of a Lot exposed to view from any other Lot, the Common Area or Roads and access easements.
Section 10.09. Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on
any Lot or within the Common Area, except that dogs, cats and other common household pets may be kept
on individual Lots, subject to reasonable rules and regulations established by the Association. Dogs shall
be under the control of their owner at all times. Dogs shall not be tied up or penned outside over night.
Section 10.10. Motor Vehicles. No inoperable motor vehicles or motor vehicles without current
tags and/or inspections shall remain within DUNLORA FOREST for more than forty -eight (48) hours.
The Association in its rules and regulations shall have the power to define what an inoperable motor
vehicle is.
Section 10.11. Regulation of Wood Stoves. No wood stove (including free - standing and
those inserted in existing fireplaces) shall be installed, maintained or used on or within any town house or
attached Lot unless the following conditions are met:
(a) Installation, maintenance and/or use shall at all times be in compliance and
conformity with all local and state building and fire codes and regulations;
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(b) Annual 'cleaning of the wood stove and flue serving the wood stove by and at the expense
of the Owner of such wood stove;
(c) Immediate correction and elimination by and at the expense of the Owner or
such wood stove of any unsafe or hazardous - condition which may occur or be discovered at any time;
and
(d) Annual inspection of the wood stove and flue serving such wood stove by a
designated agent or subcontractor of the Association, with the cost or such annual inspection paid by the
Owner of such wood stove.
Section 10.12. Storage of Firewood. No more than three- quarter (3/4) cord of firewood shall be
stored at anytime on or within any Lot and may not be piled, stacked or stored against the exterior wall of any
building.
Suction 10.13. Trash Collection. Trash removal is included as part of the Assessment collection
for the Association. It is anticipated that trash collection for DUNLORA FOREST may be accessed
through a collection company hired by the Association. One (1) tote can will be permitted per Lot. The
Declarant shall have the right to, designate a single trash/garbage removal company to provide
trash/garbage removal service to all Lots in DUNLORA FOREST. This right may be exercised by the
Declarant to enhance the tranquility of DUNLORA FOREST by reducing the number of times each
week that trash trucks are in DUNLORA FOREST and to protect the Roads in DUNLORA FOREST
from unnecessary wear and tear from multiple trips by multiple trucks. The company may be changed
from time to time if the company's service is not satisfactory to the Declarant. Trash cans and totes may
only be placed curbside the evening before a scheduled pick -up day and must be brought back in from
the curb on the same day after the trash pick -up. All trash cans and totes shall be stored according to
rules set for by the Board. The Declarant assigns the rights set forth in this Section to the Board of the
Association at the end of the Declarant Control Period.
Section 10.14. Fencing and Decking. Fences and decks are not permitted without first obtaining the
approval of the Architectural Review Board pursuant to Article IX.
ARTICLE XI - DECLARANT'S RIGHTS
Section 11.01. Declarant's Rights. Declarant hereby reserves to itself, and each Owner of any
Lot, by acceptance of a deed or other instrument of conveyance therefor, hereby agrees, that Declarant
shall have the following rights, so long as Declarant owns any Lot in DUNLORA FOREST and/or any
portion of the Property, to -wit:
(a) The right to replace, vacate or withdraw any area of any platted area from the real
property subject to this Declaration, in accordance with the laws of the Commonwealth of Virginia;
(b) The right to approve or disapprove any amendments to this Declaration and any
amendments to any corporate documents related to the Association; and
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(c) The right to conduct the development, construction, marketing and sale
of all property in DUNLORA FOREST owned by Declarant, including erection of signs, the
maintenance of model homes, and the use of Common Area for promotional purposes. The right set forth
herein may be assigned by Declarant to any builder in DUNLORA FOREST.
Section 11.02. Release of Rights by Declarant. Declarant may, by an instrument recorded in
the Clerk's Office, release, at any time and without the approval or consent of any other party, any of
the rights reserved unto it under Section 11.01 hereof. 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.
ARTICLE X1I — BUILDING SETBACK LINES
Section 12.02. Purpose. The building setback lines 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 the County of Albemarle, in effect on the date of approval of such plat and are
not restrictive covenants running with the land.
Section 12.03. Relief from Violation. Relief from any violation of such setback requirements may
be effectively and conclusively obtained by a variance or variances granted by the Board of Zoning
Appeals of the County of Albemarle, Virginia, or its successor governmental body.
ARTICLE XIII — GENERAL PROVISIONS
Section 13.01. Managing Agent. The Board of the Association may employ and pay a managing
agent, who may be an affiliate of Declarant, to manage the affairs of Association. Such managing agent
shall be employed and compensated for its services and costs pursuant to a written contract with a term not
to exceed one (1) year, which contract shall provide for termination by either party without cause and
without payment of termination fee on no more than ninety (90) days' written notice.
Section 13.02. Severability. Invalidation of any one or more of the provisions of this Declaration
by judgment, court order, or otherwise, shall in no way affect any other provision, which shall remain in
full force and effect.
Section 13.03. Amendments and Supplements. 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 a vote of seventy -five percent (75%) of all
Owners of record, including joint tenants and tenants in common, of all Lots then subject to this
Declaration; provided, however, that any such amendment shall be subject to the approval or disapproval
by the Declarant as set forth in Section 11.01 hereof. This Declaration may otherwise be amended to
address corrective matters pursuant to the Code of Virginia Section 55- 515.2.
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Section 13.04. 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 13.05. Duration. The covenants and restrictions of this Declaration shall run with and
bind the land for a term of thirty -live (35) years from date and thereafter shall be automatically renewed
for successive periods of ten (10) years each, unless modified, amended or rescinded as provided in
Section 13.03.
Section 13.06. Personal Property and Real Property for Common Use. The Association may
acquire, hold, and dispose of tangible and intangible personal property and real property, subject to the
requirements of this Declaration. The Board, acting on behalf of the Association, will accept any real or
personal property, leasehold or other property interests within the Property conveyed to it by the
Declarant.
Section 13.07. Limitation of Liability. The Association and/or its Managing Agent shall not be
liable for any failure of any services to be obtained by the Association or paid for out of the Assessments,
or for injury or damage to persons or property caused by the elements or resulting from water which may
leak or flow from any portion of the Common Area, or from any improvements, facilities, wires, pipes,
drains, conduits or the like. Neither the Association, nor its Managing Agent, shall not be liable to any
Member for loss or damage, by theft of otherwise, of articles which may be stored on or about the
Common Area. No diminution or abatement of Assessments, as herein elsewhere provided for, shall be
claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements
to the Common Area, or from any action taken by the Association to comply with any of the provisions of
this Declaration or with any law or ordinance or with the order or directive of any municipal or other
governmental authority.
Section 13.08. Enforcement. The Association, its Managing Agent, any Owner, or any
Mortgagee of any Lot shall have the right to enforce, by any proceeding at law and/or in equity, all
restrictions, conditions, covenants, reservations, easements, liens, charges or other obligations or terms
now or hereafter imposed by the provisions of this Declaration or the Articles or Bylaws of the
Association or any rule or regulation promulgated by the Association pursuant to its authority as provided
herein or in the Articles or Bylaws or rules and regulations of the Association. Failure by the Association
or by any Owner or by any Mortgagee of any Lot to enforce any covenant or restrictions herein contained
or in the Articles, Bylaws or rules and regulations of the Association shall in no event be deemed a waiver
of the right to do so thereafter. There shall be and there is hereby created and declared to be a conclusive
presumption that any violation or. breach or attempted violation or breach of any of the within covenants,
conditions or restrictions or any provision of the Bylaws or the Articles cannot be adequately remedied by
action at law or exclusively by recovery of damages. If the Association, any Owner, or any Mortgagee of
any Lot, successfully brings an action to extinguish a violation or otherwise enforce the provisions of the
Project Documents, the costs of such action, including legal fees, shall become a binding, personal
obligation of the Owner committing or responsible for such violation, and such costs shall also be a lien
upon the Lot of such Owner, provided that the requirements of applicable laws are complied with.
Without limiting the generality of the foregoing, and in addition to any other remedies available, the
Association, after reasonable written notice provided to the Owner, may enter any Lot to remedy any
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violation of the provisions of this Declaration, the Bylaws, the Articles or rules and regulations of the
Association; provided, however, that the Association may not enter the interior of any dwelling except in
an emergency. The costs of such action shall become a binding, personal obligation of the Owner
otherwise responsible for such violation and shall also be a lien upon the Lot of such Owner.
Section 13.09. Monetary Charges. In addition to the methods of enforcement provided for
elsewhere herein, the Association shall have the right to levy monetary charges against an Owner or
guests, lessees or invitees thereof at such Owner's Lot, in the manner set forth herein, and such monetary
charges shall be collectible as any other Assessment such that the Association shall have a lien against the
Lot of such Owner as provided in this Declaration, the Bylaws, the Articles or any other of the rules and
regulations of the Association, and such monetary charge shall also become the binding personal
obligation of such Owner.
(a) The Board shall be charged with determining where there is probable cause that
any of the provisions of this Declaration, the Bylaws, the Articles or the rules and regulations of the
Association, regarding the use of a Lot or the Common Area or other Association property, are being or
have been violated. In the event that the Board or the Architectural Review Board determines that such a
violation exists, the Board shall provide written notice to the person alleged to be in violation, and the
Owner of the Lot if such person is not the Owner, of the specific nature of the alleged violation. The
notice shall also specify, and it is hereby provided, that each recurrence of the alleged violation or each
day during which it continues shall be deemed a separate offense, subject to a separate monetary charge
not to exceed Twenty -Five Dollars ($25.00) for each offense.
(b) A monetary charge pursuant to this Section shall be assessed against the Lot
which the violator occupied or was visiting at the time of the violation, whether or not the violator is an
Owner of that Lot, and shall be collectible in the same manner as any other Assessment, including by the
Association's lien rights as provided in this Declaration and the Bylaws. Nothing herein shall be
construed to interfere with any right that an Owner may have to obtain from a violator occupying or
visiting his Lot payment of the amount of any monetary charge(s) assessed against that Lot.
(c) Nothing herein shall be construed as a prohibition of or limitation on the right of
the Association to pursue any other means of enforcement of the provisions of this Declaration, the
Bylaws, the Articles or any of the other rules and regulations, including, but not limited to, legal action
for damages or injunctive relief.
Section 13.10. Additional Rights of Mortgagees. Anything contained herein or in the Articles or
Bylaws of the Association to the contrary notwithstanding and so long as there remains outstanding any
Institutional Mortgage on any Lot, the Declarant and the Association, for itself and each Owner, hereby
agree that the properties shall be bound by the following covenants, conditions and restrictions:
(a) Upon request and providing the Association with a notice address, all
Mortgagees who hold a First Mortgage on any Lot shall be entitled to timely written notice of: (i) any
condemnation or casualty loss that affects either a material portion of any Common Area or the Lot
securing its Mortgage; (ii) any sixty (60) day delinquency in the payment of Assessments or charges owed
by the Owner of the Lot on which it holds the Mortgage; and (iii) any lapse, cancellation or material
Page 27 of 31
modification of any insurance policy maintained by the Association. Any failure to give any such notice
shall not affect the validity or priority of any Mortgagee holding a First Mortgage on any Lot and the
protection extended in this Declaration to the holder of any such mortgage shall not be altered, modified
or diminished by reason of such failure. The Board of the Association may adopt standards, procedures
and rules for providing such notice, including establishing reasonable fees.
(b) Any First Mortgagee of any Lot may, jointly or singly, pay any taxes, utility
charges or other charge levied against any Common Area which are in default and which may or have
become a charge or lien against all or any portion of the Common Area and any such First Mortgagee
may pay any overdue premiums on any fire and hazard insurance policy or secure new fire and hazard
insurance coverage on the lapse of any policy, with respect to the Common Area. Any First Mortgagee
who advances any such payment shall be due immediate reimbursement of the amount so advanced from
the Association.
(c) Any First Mortgagee who comes into possession of a Lot pursuant to the
remedies provided in a Mortgage, foreclosure of a Mortgage, or deed (or assignment) in lieu of
foreclosure, shall take the property free of any claims for unpaid Assessments or charges resulting from
reallocation of such Assessments or charges to all Lots including the mortgaged Lot.
(d) Upon reasonable request first Mortgagees shall have the right to examine the
books and records of the Association.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf
by its duly authorized manager.
ROCK CREEK PROPERTIES, LLC, a Virginia limited liability company
By: By:
Frank T. Ballif, Manager Charles W. Hurt, Manager
COMMONWEALTH OF VIRGINIA,
CITY / COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this day of January, 2013 by Frank
T. Ballif and Charles W. Hurt as Managers for Rock Creek Properties, LLC, a Virginia limited liability
company.
My commission expires:
(SEAL & Cert No)
Notary Public
Page 28 of 31
ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDERS
The undersigned hereby acknowledge and consent to the recordation of the foregoing Declaration
of Covenants, Conditions and Restrictions for DUNLORA FOREST (the "Declaration ") and to the
imposition of the covenants, conditions and restrictions set forth therein upon the Property and expressly
acknowledge and agree 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
have 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.
Trustee
By: (SEAL)
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me this _ day of , 2011,
by , Trustee(s) of a Virginia
on behalf of the as Trustee.
My commission expires:
Registration No.:
Page 29 of 31
Notary Public
company
By:
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF , to -wit:
a Virginia limited Liability
(SEAL)
The foregoing instrument was acknowledged before me this _ day of , 2013,
by of , on behalf of the lender.
My commission expires:
Registration No.:
Page 30 of 31
Notary Public
EXHIBIT "A"
Property Description — Plat Attached
Page 31 of 31