HomeMy WebLinkAboutSUB202100165 Correspondence 2023-01-31 (4)Prepared by and return to:
McCallum & Kudravetz, P.C.
250 East High Street
Charlottesville, VA 22902
(434)293-8191
Albemarle County Tax Map Parcels: 03200-00-00-041JO and 03200-00-00-041K1
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
HOLLYMEAD TOWNS
THIS DECLARATION is made this day of 2022, by HTC
TOWNHOMES LLC, a Virginia limited liability company ("Declarant').
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located in the County of
Albemarle, Virginia, which is described on the Subdivision Plats attached as Exhibit "A" and
Exhibit `B", respectively, and in Section 2.01 hereof, 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 "Hollymead Towns".
WHEREAS, Declarant desires to provide for the protection and enhancement of the value
and desirability of Hollymead Towns and for the maintenance thereof, 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 (the "Property", as described
herein), 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.
WHEREAS, the Property is also subject to certain terms and provisions, as applicable, of
the previously recorded Hollymead Area C Declaration (as defined below), as more particularly
set forth therein.
NOW THEREFORE, Declarant hereby desires that the real property described in Exhibits
A and B, 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 run with the land and shall be 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 thereof.
ARTICLE I — DEFINITIONS
The following words, when used in this Declaration, shall have the following meanings:
Section 1.01. "Architectural Review Board" or "ARB" shall mean and refer to the
committee established 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. "Assessment" shall mean and refer to the combination of the following
assessments: (i) Community Assessment, (ii) Community Reserve Fund Assessment, and (iii)
Reserve Fund Assessment for Lots, with (i) through (iii) being either regular or special assessments
as set forth in Article VIII herein. "Community Assessment' shall mean and refer to those certain
assessments imposed by the Association upon all Lots for regular and daily community purposes,
as specifically set forth in Section 8.03 below. "Community Reserve Fund Assessment'' shall mean
and refer to those certain assessments imposed by the Association upon all Lots for periodic work
such as the long-term capital improvements for the Common Area, parking areas (if any), and
other repairs or replacements of the Common Area, including, but not limited to, the entrance
signs, as specifically set forth in Section 8.04 below. "Reserve Fund Assessment for Lots" shall
mean and refer to those certain assessments imposed by the Association upon all Lots (defined in
Section 1.14 below) for periodic work such as the long-term capital improvements and other
repairs or replacements as provided for in this Declaration, as specifically set forth in Section 8.05
below. The "Community Reserve Fund Assessment" and the "Reserve Fund Assessment for Lots"
may be collectively referred to as the "Reserve Fund Assessments)".
Section 1.03. "Association" shall mean and refer to Hollymead Towns Property Owners
Association, Inc., a non -stock corporation to be incorporated under the laws of the Commonwealth
of Virginia, its successors and assigns.
Section 1.04. "Hollymead Towns" 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 1.05. `Board" or `Board of Directors" shall mean and refer to the Board of
Directors of the Association.
Section 1.06. "Common Area" shall mean and refer to any lot, area, pieces or parcels of
land, together with all appurtenances thereto belonging, shown on the Subdivision Plats (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 Hollymead Towns. The Common Area includes (i) Recreation
Areas 1 through 5 as shown on the Block II Subdivision Plat (ii) those certain portions of the
Landscaping Easements (defined in Section 13.01) and Retaining Wall Easements (defined in
Section 14.01), and (iii) the Private Roads, all as more particularly shown on the Subdivision Plats,
and such other space as the Declarant may designate in a supplemental declaration. The Common
Area may be adjusted by and through Boundary Line Adjustment Plats recorded hereafter.
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Section 1.07. "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 1.08. "Declarant" shall mean and refer to HTC Townhomes LLC, a Virginia
limited liability company, and any successor to or assignee of it as Declarant and/or developer.
Section 1.09. "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 (defined in Section 2.01
below) 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 in a written notice from the Declarant to the
Association specifying the termination date of the Declarant Control Period.
Section 1.10. "Declaration" shall mean and refer to the covenants, restrictions, easements,
conditions, reservations, liens and charges and all other provisions herein, as the same may from
time to time be amended or supplemented.
Section 1.11. "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.
Section 1.12. "Hollymead Area C Declaration" shall mean and refer to that certain
Declaration dated September 1, 2005, made by Charles Wm. Hurt and Shirley L. Fisher, as
Trustees for the Post Office Land Trust, recorded in Deed Book 3085, page 361, in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia (including all amendments or
supplements thereto).
Section 1.13. "Hollymead Area C Owners Association" shall mean and refer to Hollymead
Area C Owners Association, Inc., which is the association referred to in the Hollymead Area C
Declaration.
Section 1.14. "Lot" shall mean and refer to any lot or parcel of land numerically designated
and shown or described on any recorded plat of any portion of Hollymead Towns, with the
exception of Common Area.
Section 1.15. "Maintenance" shall mean care, inspection, maintenance, operation, repair,
repainting, remodeling, restoration, improvement, renovation, alteration, replacement and
reconstruction.
Section 1.16. "Member" shall mean and refer to any Lot owner entitled to membership in
the Association.
Section 1.17. "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 lien priority position against the
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title of any portion of the Property.
Section 1.18. "Mortgagee" shall mean the institutional holder, insurer or guarantor of a
Mortgage.
Section 1.19. "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 1.20. "Private Roads" shall mean and refer to those certain roads, alleys, or streets
shown on the Subdivision Plats which have not been dedicated to and accepted by a public
authority for public use, namely "Orchid Bend" and "Purple Flora Bend", together with the "New
Variable Width Access Private Street Easement", as shown on the Block II Subdivision Plat, and
"Zinnia Crest" as shown on the Block III Subdivision Plat. The Private Roads are part of the
Common Area which will be conveyed to the Association as set forth herein and are subject to
maintenance by the Association as set forth in Article VI.
Section 1.21. "Property" shall mean and refer to that certain real property, described in
Section 2.01, and as shown in the Subdivision Plats attached as Exhibits "A" and `B" hereto, and
such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 1.22. "Roads" shall mean and refer to the roads and streets within Hollymead
Towns designated as public right of way and/or private right of way or alley, as shown and
described on the Subdivision Plats (as defined in Section 2.01 hereof), as well as any future roads
which are platted to serve future development phases in Hollymead Towns. The Roads include all
improvements within the designated rights of way, including, but not limited to, curbs, sidewalks
and grass strips, if applicable. "Public Roads" shall mean and refer to those certain roads or streets
shown on the Subdivision Plats which have been dedicated to and accepted by a public authority
for public use.
Section 1.23. "Subdivision Plats" shall mean and refer to the Block II Subdivision Plat and
the Block III Subdivision Plat, collectively, as defined in Section 2.01 hereof.
Section 1.24. "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
16.03 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. Hollymead Towns. The Property which is and shall be held, transferred, sold,
conveyed, donated, leased, devised, inherited and occupied subject to this Declaration, is:
Block II:
All that certain property containing 3.932 acres, more or less, subdivided into
fifty-six (56) townhouse lots shown and designated as Lots 1 through 56,
respectively, and Recreation Areas 1 through 5, respectively, including Area "A"
and private rights of way, as more particularly shown and described on that certain
subdivision plat entitled "Hollymead Towncenter Area C, Block II Townhomes",
prepared by Meridian Planning Group, LLC, dated April 5, 2021, last revised
2022, attached and recorded herewith as "Exhibit A" (the "Block
II Subdivision Plat"), to which reference is hereby made for a more particular
description of the Property.
Block III:
All that certain property containing 0.65 acres, more or less, subdivided into ten
(10) townhouse lots shown and designated as Lots 1 through 10, respectively,
including private rights of way, as more particularly shown and described on that
certain subdivision plat entitled "Hollymead Towncenter Area C, Block III
Townhomes", prepared by Meridian Planning Group, LLC, dated April 5, 2021,
last revised 2022, attached and recorded herewith as "Exhibit B"
(the "Block III Subdivision Plat", and together with the Block II Subdivision Plat,
the "Subdivision Plats"), 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 or other parties which the Declarant
desires to add and make subject to this Declaration. 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 Hollymead
Towns which shall amend the operation and effect of this Declaration, and the jurisdiction of the
Association, to include 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. To add property owned by other parties, such other
parties shall execute such supplemental declaration(s) solely for the purpose of evidencing
agreement and consent to the imposition of this Declaration on such parcel(s).
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 Association. Approval of such action must be completed at a duly noticed meeting of the
Association, by the affirmative vote of more than fifty percent (50%) of the votes of the Members
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 which is held subject to this Declaration.
ARTICLE III - ASSOCIATION
Section 3.01. Association. Hollymead Towns Property Owners Association, Inc. is a non -
stock corporation, incorporated under the laws of the Commonwealth of Virginia for the purpose
of. (i) applying, administering, and enforcing the covenants, restrictions, conditions, liens and
charges contained in this Declaration; (ii) owning, maintaining and administering the Common
Area; and (iii) providing the maintenance within Hollymead Towns as set forth 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. Prior to the expiration of the Declarant Control
Period, the Declarant shall convey the Common Area to the Association, 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.
Section 3.03. Responsibilities, Generally. Except as otherwise provided herein,
responsibility for the maintenance of the Common Area and all improvements contained therein
shall be the responsibility of the Association. Except as otherwise provided herein, responsibility
for the maintenance of the Lots and all improvements contained therein shall be the responsibility
of the Lot Owners. No public agency, including the County of Albemarle, Virginia, will be
responsible for maintaining any improvements contained within the Common Area or within any
Lots, unless otherwise explicitly agreed by such public agency (which is intended to include, but
not necessarily be limited to, (i) certain water/sewer related improvements to be accepted and
owned by the Albemarle County Service Authority and (ii) the Virginia Department of
Transportation if and when the Private Roads are accepted into the public road system, thereby
automatically converting such roads into Public Roads). The cost of the maintenance described
within this Section, the related consequences upon default when failing to pay such cost(s), and
when such maintenance is performed shall be determined pursuant to the terms and conditions of
this Declaration.
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 his or her Lot to
the full insurable value thereof The Association shall only carry insurance with respect to the
Common Area and the 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 a condition equal to or better than the
condition existing prior to such casualty.
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ARTICLE V-EASEMENTS
Section 5.01. Generally. In addition to all utility easements and sight distance easements
reserved on the Subdivision Plats, 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 (such sight distance
easements are intended to be granted to the County, if applicable, in such locations shown on the
Subdivision Plats as "Variable Width Private Sight Distance Easement"); (iv) to construct,
maintain, inspect, replace and repair all retaining walls; and (v) to meet any other condition or
requirement of any governmental authority related to the subdivision and or development of
Hollymead Towns 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.
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 setbacks,
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 reserved 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
Hollymead Towns; and B) 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 Enjoyment of Common Area. Each Owner, and such Owner's
immediate family, guests, and tenants, 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
use 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
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the Common Area by any Owner for a period during which any Assessment against his or her 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 described in this Article V, 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 described in this Article V.
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, inspect, replace and repair pipes and swales for storm and surface water drainage. In
addition to these general drainage rights, Declarant has granted certain private drainage easements
to the Association pursuant to Article XV below. Further, the Declarant shall establish such
easements for drainage and water flow as may be required by the contours of the Property and the
arrangements of buildings on the Property. 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 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 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 installation of utilities and drainage
facilities, as well as repairs or maintenance to retaining walls installed as part of the original
development site work. No new trees, shrubs, fences, buildings, overhangs or other improvements
or obstructions shall be placed within the easements provided for in this Section by individual Lot
Owners. 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 of the entity or persons responsible for such damage.
Section 5.07. Encroachment. Declarant reserves unto itself, its successors and assigns, a
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perpetual and alienable easement to the extent that any structure on any Lot encroaches 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.
Section 5.08. Private Sewer Lateral Easements. Declarant reserves unto itself, its
successors and assigns, perpetual private sewer lateral easements, as shown on the Subdivision
Plats.
Section 5.09. Sight Distance Easements. Declarant reserves unto itself, its successors and
assigns, perpetual sight distance easements for the greater benefit of the Association and as
required by the Virginia Department of Transportation or the County of Albemarle in those areas
shown on the Subdivision Plats which are labeled as "Variable Width Private Sight Distance
Easement" and "New Variable Width Private Sight Distance Easement" (the "Sight Distance
Easements") for the purpose of establishing and maintaining an unobstructed line of sight along
the closest identified roadways therein at an elevation of no less than thirty (30) inches above
ground level in conformance with the applicable VDOT standards. Within the Sight Distance
Easements, neither the Declarant nor any successor or assign shall establish structures, facilities
or plantings which obstruct the line of sight at an elevation of thirty (30) inches above ground
level. Any plantings within the easement area shall only be low growing ground cover or dwarf
varieties of plants and shall not exceed twenty-four (24) inches in height. The County and VDOT,
and their respective employees, agents, independent contractors, volunteers, successors and
assignees, shall have the right to trim, cut and remove trees, shrubbery, fences, structures and other
obstructions within the Sight Distance Easements, including any such obstructions existing within
the Sight Distance Easements on the date of the grant and conveyance of the Sight Distance
Easements, which exceed the height of thirty (30) inches above ground level. The conveyance of
the Sight Distance Easements are made subject to applicable easements, restrictions, covenants
and conditions contained in duly recorded deeds, plats and other instruments constituting
constructive notice in the chain of title which have not expired by time limitation contained therein
or otherwise have become ineffective.
Section 5.10. New Access Easement. Declarant hereby grants a perpetual and non-
exclusive access easement to Albemarle County in such area shown and described on the Block II
Subdivision Plat as "6' Access Easement for Future Construction" ("Access Easement"). The
Declarant shall construct any and all improvements within the Access Easement in accordance
with the specifications and directions imposed by Albemarle County. At all times, the Association
shall maintain the Access Easement according to the standards set by Albemarle County. The
Access Easement shall not be considered a Private Road for purposes of this Declaration.
ARTICLE VI - MAINTENANCE OF HOLLYMEAD TOWNS
Section 6.01. Sidewalks. The initial construction of the road frontage and sidewalks shall
be home 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
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Association. All walkways running from road frontage sidewalks to the door of all Dwelling Units
built on Lots will be maintained, replaced, improved or repaired, and the snow or ice removed, by
individual Lot Owners. The Association may, but is not obligated to, include sidewalk snow and
ice removal as part of the services provided by the Association.
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, maintained, inspected, replaced and repaired as part of its
approval of the development of Hollymead Towns. Hollymead Towns 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 home 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 home 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. The portion of the Property located within Block II shall be
served by "Stormwater Management Facility 41" and the portion of the Property located within
Block III shall be served by "Stormwater Management Facility #2", as described in Section 3.01
of the Hollymead Area C Declaration.
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
Hollymead Towns. 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 home by and be the responsibility of the
Association. On Roads accepted into the public road system, the road signs shall meet the required
standards and be maintained by the County Road System. All signs and street lights in the
subdivision shall be in 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, 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, 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, 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 completed by the Declarant or its assigns at its cost.
Upon completion of the construction of the Roads, the cost of maintenance, upkeep or
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replacement of all Roads and sidewalks located within the established Public easements or right
of ways in Hollymead Towns shall be the sole responsibility of the Declarant until accepted into
the public road system, except that the Association shall pay for snow and ice removal from the
roadways until acceptance into the public road system. No such cost will be borne by the County
of Albemarle or the Commonwealth of Virginia or any other public agency until accepted into
the County's public road system.
(d) Responsibility for Maintenance of the Private Roads. The initial
construction of the Private Roads shall be completed by the Declarant or its assigns at its cost.
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 Hollymead Towns shall be the sole responsibility of the Association as
set forth below:
(i) Minimum Standards. The Private Roads shall be maintained with a
minimum twenty foot (20') wide easement and twenty foot (20') wide paved travel surface, to be
maintained in perpetuity to substantially the same condition it was in when initially constructed by
the Declarant and approved by the County. The travelway shall 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 subsection (d), "maintenance"
includes the maintenance of the Private Roads, and all curbs, curbs and gutters, drainage facilities,
utilities, dams, bridges and other Private Road improvements, and the prompt removal of snow,
water, debris, or any other obstruction so as to keep the Private Roads 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 Roads, by and through
the 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 Roads in Hollymead Towns unless and until such
improvement(s) are accepted into the public road system.
(iv) When to Maintain. After the initial construction of the Private Roads,
any further construction, maintenance or repair shall be undertaken with the approval of the Board.
The cost and obligations to pay for Private Road maintenance shall be part of the Assessment
structure of the Association.
(v) Maintenance by the Association. The Private Roads shown on the
Subdivision Plats shall be maintained by the Association hereunder and shall not be deemed
private streets or access roads to be maintained under the Hollymead Area C Declaration.
(e) Responsibility for Maintenance of the Planting Strips and Driveway Aprons.
I
Certain planting strips and each Lot Owner's driveway apron shall be located within the Road, and
while such Road is a Private Road, such planting strips and driveway aprons shall be maintained
by the Association; when such Road becomes a Public Road which is offered and accepted into
the public road system, then (i) each Lot Owner that benefits from a driveway apron which leads
to the driveway of his or her Lot shall be solely responsible for the maintenance of such driveaway
apron, and (ii) the Association shall continue to maintain the planting strip.
(f) Parking Areas. Each Lot is required to utilize garage and driveway parking
to the fullest extent, first and foremost, for their vehicles. Any parking areas which are established
in Hollymead Towns 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 by the Board. Available Parking spaces will not be
allocated equally to every Lot or Owner. Any Parking Areas along the Private Road will be
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 the
Common Area, entrance features, and storm water management facilities, as deemed appropriate
by Declarant, shall be borne and completed by Declarant. Upon completion of the Common Area,
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 within the Common Area and the costs of such maintenance shall be an expense of
the Association. Except as otherwise provided for herein, it is each Owner's responsibility to
maintain all landscaping, shrubbery and plantings on his or her Lot.
Section 6.06. Maintenance of Common Area 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, pavilion, 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, pedestrian pathways, and trails, parks, tot lots and playgrounds, pavilion, playing fields,
the storm water management facilities, 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 or her own negligence or through his or her 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. Although the townhouse
lots shown on the Subdivision Plats constitute "Townhome Lots" as defined in the Hollymead
Area C Declaration, the Association hereunder shall be solely responsible for maintenance of the
Common Area shown on the Subdivision Plats of Hollymead Towns.
Section 6.07. Maintenance of Party Walls.
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(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) Sharingof f Repair and Maintenance. The cost of reasonable repair and
maintenance of a parry 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 parry 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 or her negligent or willful act causes the party wall to be exposed to 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 this Section 6.07 shall be appurtenant to and shall run
with the land and shall pass to such Owner's successor in title.
(f) Association's Right to Repair and Maintain. In the event that any Owner
shall fail to maintain a parry wall in a manner satisfactory to the Board, the Association, after thirty
(30) days' prior written notice to such Owner and upon the affirmative vote of a majority of the
Board 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 (as defined in Section 8.01 below) to which
such Lot(s) are subject, plus an administrative fee 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:
driveways;
(i) Removal of snow and ice from walkways, leadways, lead walks, and
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(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) 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;
(iv) Power washing;
(v) All tree and branch maintenance for trees, as well as general debris,
located on an Owner's Lot.
(vi) Watering; the Declarant and 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 Lots. Failed plantings, trees and/or lawns are the Lot
Owner's obligation to cure.
(vii) Street lighting; Hollymead Towns will be illuminated with light
from a required post lamp and/or porch lamp on each Lot as approved by the Declarant, or by the
ARB, as applicable. 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.
(viii) All of the above maintenance items shall be governed by standards
established by the Declarant during the Declarant Control Period, and thereafter, by the Board (or
as may be delegated by the Board to the Architectural Review Board).
(ix) In the event that any Owner shall fail to maintain, repair and/or
replace any item of maintenance, repair or replacement for which he or she is responsible in a
manner satisfactory to the Board, the Association, after thirty (30) days' prior written notice to
such Owner and upon affirmative vote of a majority of the Board, 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 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. 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. These
landscaping services may also include routine thatching, fertilizing and aerating, at the discretion
of the Board.
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(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 any Lot, and/or
in the front and on one (1) side for a comer or end unit Lot.
(iii) Leaves. Leaf cleaning from gutters and downspouts, to prevent
overflow and clogging of the drainage systems.
(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. The Board and/or Managing Agent (defined in
Section 16.01) may adopt rules and regulations governing such snow/ice removal.
(v) Site Planned Retaining Walls. The Association will provide for the
repair and maintenance of retaining walls which are installed as part of the original approved site
plan for Hollymead Towns, whether such retaining walls are located in the Common Area or on
an individual Lot.
(vi) Trash. The Association shall cause the removal of trash from each
Lot, in accordance with Section 10.13 below.
(vii) All of the above maintenance items shall be governed by standards
established by the Declarant during the Declarant Control Period, and thereafter, by the Board.
ARTICLE VII - THE ASSOCIATION
Section 7.01. Membership. The Owner of each 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,
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. The
Association shall have two classes of voting membership:
(a) 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.
(b) Class B: The Class B Member shall be the Declarant. The Class B Member
shall be entitled to sixty (60) votes for each Lot which it owns. The Class B Membership shall
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terminate on the date on which Declarant has transferred to Class A Members a total of one -
hundred percent (100%) of total anticipated number of Lots which 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
Hollymead Towns 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 Members or of proxies entitled to cast twenty-five percent (25%) of all votes shall
constitute a quorum. If the required quorum is not present, another meeting may be called, and the
presence of Members or of proxies entitled to cast ten percent (10%) of all votes shall constitute a
quorum at the subsequent meetings called for the same purpose. Written notice of said meeting
shall be hand delivered, mailed postage prepaid or emailed to all Members not less than fifteen
(15) days prior to the date of the meeting.
Section 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 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. Voting rights are abated for any Lot where the current
Owner is subject to past due and delinquent assessments, which 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 Hollymead Towns, 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) Community Reserve Fund Assessments
made by the Association upon all Lots for the periodic work such as: the long-term capital
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improvements for Common Area, parking areas (if any), and other repairs or replacements of
community features; and (3) Reserve Fund Assessment for Lots made by the Association upon
Lots with attached units for the periodic work such as: the long-term capital improvements to
certain shared roofs and gutters among more than one Lot, 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. NVR, Inc., a Virginia
corporation, and its affiliates, are exempt from the assessments described in this Article VIII.
Section 8.02. Assessments by Class and Exceptions. All Assessments in this Article VIII
are paid by Class A Members. The Class B Member, the Declarant, and third -party home builders,
do not pay any Assessments or other charges under this Article VIII, except as provided for in the
last sentence of this Section 8.02. 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, said third party home builder shall thereafter begin to pay Assessments
and charges established in this Article VIII 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
repairs, 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 attorneys' 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 or her Lot or rights in the Common Area.
(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 Hollymead Towns, and in particular for the repair, maintenance, upkeep, improvement
and enhancement of (i) Private Roads, (ii) Recreation Areas, (iii) sidewalks and playgrounds
within the Recreation Areas, (iv) certain retaining walls as provided for in this Declaration, (v)
surface and storm water drainage facilities, (vi) the trees/bushes contained within the Landscaping
Easements (defined in and subject to Article XIII) whether located within the Common Area or
the individual Lots, (vii) the retaining walls within the Retaining Wall Easements (defined in and
subject to Article XIV) (viii) identification signs, (ix) exterior lighting systems for streets (if
applicable), (x) the Common Area, (xi) landscaping maintenance of all Lots as determined by the
Board, (xii) maintaining the grounds of the Common Area (including landscaping areas), (xiii)
parking areas (if any), (xiv) amenities provided by Hollymead Towns, including, but not limited
17
to, (a) mowing grass, (b) landscaping, (c) paving, (d) striping, (e) cleaning, and (f) snow and ice
removal in the Common Area, as provided in this Declaration, and (xv) if deemed necessary and/or
appropriate by the Board, 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, including 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 V and ending December 31 '. 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 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, 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 therefor; provided, that any such special Community Assessment shall have the
consent of at least two-thirds (2/3) of the votes of the Members present to vote at a duly called
meeting, in person or by proxy, where a quorum is established for such meeting.
(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.
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 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
18
Assessments for Common Area improvements or other extraordinary expenses of the Association.
The Community Reserve Fund Assessments, together with interest as hereinafter provided, costs
of collection, and reasonable attorneys' fees, shall be a charge upon the land and shall be a
continuing lien upon the Lot against which the Community Reserve Fund Assessments are made
as hereinafter provided. No Owner may waive or otherwise avoid liability for such Community
Reserve Fund Assessment by the non-use or abandonment of his or her 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 Area, Private Roads, and certain
retaining walls described in this Declaration, (ii) other unforeseen and extraordinary expenses of
the Association, (iii) the removal and replanting of trees/bushes (or other costs associated
therewith) located within the Landscaping Easements (defined in Section 13.01), and/or (iv) the
removal, maintenance, repair and/or replacement of any retaining walls within the Retaining Wall
Easements (defined in Section 14.01), whether located within Common Area or within individual
Lots. Repairs and replacements may be made at such time and in such manner as the Board shall
determine. General yearly maintenance or minor repairs should be covered under the Annual
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 31 '. 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 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
Reserve 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 Area or other extraordinary expenses of the Association; provided, that any such Special
Community Reserve Fund Assessment shall have the consent of at least two-thirds (2/3) of the
votes of the Members present to vote at a duly called meeting, in person or by proxy, where a
quorum is established for such meeting.
(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 Lots.
(a) Creation of Reserve Fund Assessment Lien for Lots. The Declarant, for each
Lot owned on which a Dwelling Unit is presently or shall hereafter be constructed, hereby
covenants, and each 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
19
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 Lots: (1) all annual Reserve
Fund Assessments for Lots, fees and charges, and, (2) all special Reserve Fund Assessments for
Lots for other extraordinary expenses of the Association relating to Lots. The Reserve Fund
Assessments for Lots, together with interest as hereinafter provided, costs of collection, and
reasonable attorneys' fees, shall be a charge upon the land and shall be a continuing lien upon the
Lot against which the Reserve Fund Assessments for Lots are made as hereinafter provided. No
Owner may waive or otherwise avoid liability for such Reserve Fund Assessment for Lots by the
non-use or abandonment of his or her Lot.
(b) Purpose of Reserve Fund Assessments for Lots. The Reserve Fund
Assessments for Lots levied by the Association shall be used for the purpose of. (i) the long-term
capital improvements or major maintenance of the roofs and gutters of Lots, and/or (ii) the
unforeseen and extraordinary expenses of the Association relating to Lots. Roof and gutter repairs
and replacements may be made at such time and in such manner as the Board shall determine.
(c) Annual Reserve Fund Assessment for Lots. The annual Reserve Fund
Assessment for Lots shall be made on the basis of a calendar year beginning January I' and ending
December 31'. The initial annual Reserve Fund Assessment for Lots 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 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 Reserve Fund Assessment for Lots. In addition to the annual Reserve
Fund Assessment for Lots authorized above, the Association may levy in any assessment year a
special Reserve Fund Assessment for 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 extraordinary expenses of the Association for Lots; provided,
that any such special Reserve Fund Assessment for Lots shall have the consent of at least two-
thirds (2/3) of the votes of the Members present to vote at a duly called meeting, in person or by
proxy, where a quorum is established for such meeting.
(e) Uniform Rate of Assessment for Lots. Both annual and special Reserve Fund
Assessments for Lots 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 8.06: 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
20
day or the first calendar quarter following the 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 the 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 annual Assessments shall be due in advance in four (4) equal quarterly installments
on the 1' day of January, April, July and October, and annual Assessments shall be prorated where
sale is made or the 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 Community Assessments 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), Reserve Fund Assessments (Section 8.04), and, Reserve Fund
Assessment for Lots (Section 8.05), but do not apply to any special Assessments. Increases or
decreases, effective January 1st of each year, can be set by the Board of Directors, 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 more than fifty percent (50%) of the votes of the
Members present to vote, in person or by proxy, at a meeting of the Association duly called for
this purpose, where a quorum has been established. Any increase allowed under this Section, may
be scheduled for collection as approved by the Board and need not be collected in equal 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. Said amount is payable to the
Association, upon the recordation of a new Deed to any Lot (excluding a Deed to a third -party
home builder). The fee may be assigned by the Board to a Management Company for the
administrative costs associated with establishing anew Lot Owner in the records of the Association
21
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 Lot in an arm's length transaction. It
is the intention of this Section to exclude certain conveyances, including but not limited to, Deeds
of Gift, bequests under a will, transfers by the Declarant and to home builders, as well as court
ordered transfers.
Section 8.07. Personal Obligation of Assessments. Assessments, together with interest as
hereinafter provided, costs of collection, and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the Owner of such Lot at the time when 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, late 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
attorneys' fees, whether suit is brought or not, which may be incurred by the Association in
enforcing said lien. Any Assessment which is not paid when due shall bear interest from 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 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 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 of mortgages, vendor's liens, and liens or a similar nature. A statement from the
Association showing the balance due on any Assessment shall be prima facie evidence of the
current Assessment delinquency, if any, due on a particular Lot. 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
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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 ("ARB") 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 Hollymead Towns as constructed
by Declarant. NVR, Inc., a Virginia corporation, and its affiliates, are exempt from the
requirements of this Article IX
Section 9.02. 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 townhouse builder to an Owner shall be made or done without
the prior approval of the ARB 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 Hollymead Towns shall be commenced, other than by Declarant, without the
prior written approval of the ARB. Declarant shall not be required to obtain the consent or the
approval of the ARB or of the Association for any improvements, construction, grading or
landscaping performed by Declarant, its contractors and subcontractors, in Hollymead Towns.
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 ARB 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 ARB shall endeavor to maintain and preserve the general character and
architectural compatibility of Hollymead Towns as constructed by Declarant. In the event the ARB
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 ARB
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.
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Section 9.04. Composition of Architectural Review Board. During the Declarant Control
Period, the 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 three
(3) 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.
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 term
"single family" shall mean and be defined as follows: (a) an individual, (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) 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 Hollymead Towns.
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 Hollymead Towns.
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;
provided, however, that the Declarant, its successors and/or assigns, and other third -parry home
builders, may post a model home sign, lot marker signs, and "for sale" signs on available Lots and
in the Common Area, 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 shall have
the right to promulgate rules relating to holiday decorations, including but not limited to the
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location and hours that lights may be left on and a 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 Hollymead Towns, 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 Hollymead Towns of any van or truck
which in the opinion of the majority of the Board of Directors harms or detracts from the general
aesthetic character and harmony of Hollymead Towns 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 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.
Section 10.05. No Temporary Structures. No structures of a temporary character, tent, or
trailer shall be used on any Lot or 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 ARB. 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 Hollymead Towns. 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 be 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
applicable Lot Owner and not by the Association.
Section 10.07. Garage and Driveway Parking. To prevent parking problems throughout
Hollymead Towns, 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 the Common
Area and Roads at Hollymead Towns. 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.
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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 overnight.
Section 10.10. Motor Vehicles. No inoperable motor vehicles or motor vehicles without
current tags and/or inspections shall remain within Hollymead Towns for more than forty-eight
(48) hours. The Association in its rules and regulations shall have the power to define what
constitutes an inoperable motor vehicle.
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
townhouse or 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;
(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 Lot Owner
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 Lot Owner.
Section 10.12. Storage of Firewood. No more than three-quarter (3/4) cord of firewood
shall be stored at any time 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 Hollymead Towns 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 Hollymead Towns. This right may be
exercised by the Declarant to enhance the tranquility of Hollymead Towns by reducing the number
of times each week that trash trucks are in Hollymead Towns and to protect the Roads in
Hollymead Towns 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 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.
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Section 10.14. Fencing and Decking. Fences and decks are not permitted without first
obtaining the approval of the ARB 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 Hollymead Towns
and/or any portion of the Property, to -wit:
(a) The right to replace, vacate or withdraw any portion 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
(c) The right to conduct the development, construction, marketing and sale of
all property in Hollymead Towns 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 Hollymead Towns.
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. At the end of the Declarant Control
Period, all rights reserved unto the Declarant herein shall be deemed transferred to the Association,
for administration by the Board.
ARTICLE XII - BUILDING SETBACK LINES
Section 12.01. Purpose. The building setback lines and/or setback requirements shown on
the Subdivision Plats 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 12.02. 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 - LANDSCAPING EASEMENTS
Section 13.01. Creation of Landscaping Easements; Association Responsibility. The
Declarant hereby grants the Association certain variable width maintenance easements within
those certain areas labeled and designated as "New Variable Width Landscape Easement" and
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"Landscape Esmt (For Street Trees on Private Lots)" on the Block II Subdivision Plat
("Landscaping Easements"). The Landscaping Easements shall remain undisturbed and
trees/bushes located within the Landscaping Easements shall be preserved in accordance with the
terms set forth herein. The Association shall be responsible for the maintenance of the Landscaping
Easements upon the terms set forth within this Article XIII.
Section 13.02. Tree/Bush Removal and Replacement Procedure. No person(s) or entit(ies)
shall remove any standing trees/bushes contained within the Landscaping Easements, unless
otherwise permitted herein. The Association may remove certain tree(s)/bush(es) within the
Landscaping Easements upon obtaining prior written consent from Albemarle County or its duly
authorized department. If one or more trees/bushes within the Landscaping Easements need to be
removed for appropriate reasons (diseased or dying, control of invasive species, safety hazard to
structures, etc.), then the Association shall make written request for said removal of trees/bushes
to the County and accompany such request with a certified arborist report, as applicable. If required
by the County, the Association shall promptly replant tree(s)/bush(es) in any location where
tree(s)/bush(es) have been removed in conformity with this Article XIII.
Section 13.03. Cost Allocation, Right to Reimbursement. The costs to remove and replant
any trees/bushes located within the Landscaping Easements, regardless of whether such
trees/bushes are located within the Common Area or within any individual Lot areas shown on the
Subdivision Plats, shall be borne by the Association and shall be funded and paid by either
Community Assessments (regular or special) or Community Reserve Fund Assessments (regular
or special). The costs to remove and replant any trees/bushes within the Landscaping Easements,
where such trees/bushes are also located within one or more Lot(s) of Owner(s), shall be initially
home by the Association, but the Association shall be entitled to reimbursement from such Lot
Owner(s), as reasonably determined by the Board. Such reimbursement shall be paid to the
Association by the Lot Owner(s) within thirty (30) days after the receipt by said Lot Owner(s) of
the Association's written notice and invoice therefor.
Section 13.04 Amendment. Notwithstanding Section 16.03 below, or any other provision
herein, this Article may not be amended without the prior written consent of the County.
ARTICLE XIV - RETAINING WALL EASEMENTS
Section 14.01. Creation of Retaining Wall Easements, Association Responsibility. The
Declarant hereby establishes and grants the Association certain retaining wall easements within
those certain areas labeled and designated as only that portion within Lots 34 to 42, inclusive,
labeled as "New 15' Wall Maintenance Easement'' on the Block II Subdivision Plat ("Retaining
Wall Easements"). The Retaining Wall Easements shall remain undisturbed and the dirt and
retaining walls located within the Retaining Wall Easements shall be preserved in accordance with
the terms set forth herein. The Association shall be responsible for the maintenance, removal and
replacement of the retaining walls located within the Retaining Wall Easements upon the terms set
forth within this Article XIV.
Section 14.02. Retaining Wall Removal. Maintenance and Replacement Procedure. No
person(s) or entit(ies) shall remove any standing retaining walls contained within the Retaining
28
Wall Easements, unless otherwise permitted herein. The Association may remove certain retaining
walls and associated dirt within the Retaining Wall Easements. If one or more retaining walls
within the Retaining Wall Easements need to be removed for safety or general structural reasons
(as solely determined by the Association), then the Association shall promptly cause the
replacement of such retaining walls.
Section 14.03. Cost Allocation. The costs to remove, maintain, repair and/or replace any
retaining walls within the Retaining Wall Easements, regardless of whether such retaining walls
are located within the Common Area or within any individual Lots areas shown on the Subdivision
Plats, shall be home by the Association and shall be funded and paid by either Community
Assessments (regular or special) or Community Reserve Fund Assessments (regular or special).
Section 14.04. Amendment. Notwithstanding Section 16.03 below, or any other provision
herein, this Article may not be amended without the prior written consent of the County.
ARTICLE XV - PRIVATE DRAINAGE EASEMENTS
Section 15.01. New Private Drainage Easements. The Declarant hereby grants the
Association certain private drainage easements within those certain areas labeled and designated
as "New 5' Drainage Easement", "New 6' Private Drainage Easement", "New 10' Private
Drainage Easement", and "New 20' Private Drainage Easement'' on the Block II Subdivision Plat
and "New 20' Storm Sewer Easement" on the Block III Subdivision Plat ("Private Drainage
Easements"). The Private Drainage Easements shall remain undisturbed and shall be preserved in
accordance with the terms set forth herein. The Association shall be responsible for the
maintenance, removal and replacement of the private drainage improvements and pipes located
within the Private Drainage Easements upon the terms set forth within this Article XV.
Section 15.02. Private Drainage Improvements Removal, Maintenance and Replacement
Procedure. No person(s) or entit(ies) shall remove any private drainage improvements contained
within the Private Drainage Easements, unless otherwise permitted herein. The Association may
remove certain private drainage improvements and associated dirt within the Private Drainage
Easements. If one or more private drainage improvements within the Private Drainage Easements
need to be removed for safety or general structural reasons (as solely determined by the
Association), then the Association shall promptly cause the replacement of such private drainage
improvements.
Section 15.03. Cost Allocation. The costs to remove, maintain, repair and/or replace any
private drainage improvements within the Private Drainage Easements, regardless of whether such
improvements are located within the Common Area or within any individual Lots areas shown on
the Subdivision Plats, shall be home by the Association and shall be funded and paid by either
Community Assessments (regular or special) or Community Reserve Fund Assessments (regular
or special).
Section 15.04. Amendment. Notwithstanding Section 16.03 below, or any other provision
herein, this Article may not be amended without the prior written consent of Albemarle County.
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ARTICLE XVI - GENERAL PROVISIONS
Section 16.01. Managing Agent. The Board may employ and pay a managing agent, who
may be an affiliate of Declarant, to manage the affairs of Association ("Managing Agent"). The
Managing Agent shall be employed and compensated for its services and costs pursuant to a
written contract with a term not to exceed one (I)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 16.02. 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 16.03. 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 or rescinded by an affirmative vote
of Owners of record representing seventy-five percent (75%) 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 55.1-1830.
Section 16.04. 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 16.05. Duration. The covenants and restrictions of this Declaration shall run with
and bind the land commencing on the date that this instrument is first recorded and continuing for
a term of thirty-five (35) years thereafter, and shall be automatically renewed for successive
periods often (10) years each, unless modified, amended or rescinded as provided in Section 16.03.
Section 16.06. 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 16.07. 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 be liable to any Member for loss or damage, by theft or 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
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any law or ordinance or with the order or directive of any municipal or other governmental
authority.
Section 16.08. 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
(together, the "Project Documents"). Failure by the Association or by any Owner or by any
Mortgagee of any Lot to enforce any covenant or restrictions contained in the Project Documents
shall in no event be deemed a waiver of the right to do so thereafter. 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 violation
of the provisions of the Project Documents; 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 16.09. 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.
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(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.
(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 16.10. 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 provided the Association is given a proper 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 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 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 mortgagee of a First Mortgage shall have the right
to examine the books and records of the Association.
[Signature pages follow]
32
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its
behalf by its duly authorized managers.
DECLARANT:
HTC TOWNHOMES LLC,
a Virginia limited liability company
Charles Wm. Hurt, Manager
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF I to wit:
The foregoing instrument was acknowledged before me this _ day of 2022,
by Charles Wm. Hurt in his capacity as Manager for HTC TOWNHOMES LLC, a Virginia limited
liability company.
My commission expires:
Notary Public
33
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 Hollymead Towns (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(s) of
trust recorded for the benefit of each of the undersigned is hereby made subordinate to this
Declaration and any amendment. 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
CARTER BANK & TRUST
By:
Its:
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF I to wit:
The foregoing instrument was acknowledged before me this
by in his or her capacity as
Trust, on behalf of said Bank.
My commission expires:
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF I to wit:
Notary Public
day of , 2022,
of Carter Bank &
as Trustee under the above
Deed of Trust
The foregoing instrument was acknowledged before me this _ day of , 2022,
by , as Trustee under the Deed of Trust.
My commission expires:
Notary Public
34
EXHIBIT "A"
Block II Subdivision plat
[See attached]
w
EXHIBIT "B"
Block III Subdivision plat
[See attached]
M.