HomeMy WebLinkAboutSUB201800076 Agreements 2018-08-15Prepared by: J. Addison Barnhardt (VSB# 83132)
Grisham & Barnhardt, PLLC
414 East Market Street, Suite D
Charlottesville, VA 22902
Albemarle County Tax Map Parcels: 05600-00-00-026A2 and 05600-00-00-108AO
DECLARATION
OF COVENANTS CONDITIONS AND RESTRICTIONS FOR
SPARROW HILL
THIS DECLARATION is made this 15th of August, 2018, by Adelaide Cville, 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 Plat attached as Exhibit "A" and in Section
2.01, and desires to create thereon (and on such additional real property as may hereafter be
subjected to the provisions of this Declaration) a planned community known as Sparrow Hill
(hereinafter "SPARROW HILL").
WHEREAS, Declarant desires to provide for the protection and enhancement of the
value and desirability of SPARROW HILL and for the maintenance of SPARROW HILL,
and to this end, Declarant desires to subject the real property described in Section 2.01
hereof, together with such additional real property as may hereafter be subjected to this
Declaration, to the covenants, restrictions, easements, conditions, reservations, liens and
charges hereinafter set forth, each and all of which is and are for the benefit of said real
property and the owners thereof.
NOW THEREFORE, Declarant hereby desires that the real property described in
Exhibit A and in Section 2.01 hereof, and such additions thereto as may hereafter be made
pursuant to Section 2.02 hereof, shall be held, transferred, sold, conveyed, leased, donated,
devised, inherited and occupied subject to the covenants, restrictions, easements, conditions,
reservations, liens and charges hereinafter set forth, and any valid amendments or
supplements hereto. These covenants, restrictions, easements, conditions, reservations, liens
and charges and all other provisions hereinafter set forth shall 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 hereof.
ARTICLE I -- DEFINITIONS
The following words, when used in this Declaration, shall have the following meanings:
Section 1.01. "Architectural Review Board" or "ARR„ 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.
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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 Attached 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 sign, as specifically set forth in Section 8.04 below.
"Reserve Fund Assessment for Attached Lots" shall mean and refer to those certain
assessments imposed by the Association upon all Attached Lots (defined in Section 1.12
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 Attached Lots" may be collectively referred to as the "Reserve Fund Assessments)",
Section 1.03. "Association" shall mean and refer to Sparrow Hill Property Owners
Association, Inc., a non -stock corporation to be incorporated under the laws of the
Commonwealth of Virginia, its successors and assigns. An alternate Association name may
be selected to accommodate name availability with the State Corporation Commission.
Section 1.04. "Board" or 'Board of Directors" shall mean and refer to the Board of
Directors of the Association.
Section 1.05. "Common Area" shall mean and refer to any lot, area, pieces or
parcels of land, together with all appurtenances thereto belonging, shown on the Plat (as
defined in Section 2.01 hereof), less and except the Lots and any property dedicated to
and accepted by a public authority, to be held, owned and administered for the common
use, benefit and/or enjoyment of the Owners and residents of SPARROW HILL. Prior to
the expiration of the Declarant Control Period (defined in Section 1.09 below), the
Declarant shall convey the Common Area to the Association in fee simple, free and clear
of all liens, but subject to this Declaration and all other easements, conditions and
restrictions of record. The Association shall accept title to any portion of the Property
offered to the Association by the Declarant or as directed by the Declarant. The Common
Areas include (i) Open Spaces A through D, (ii) those certain portions of the Preservation
Area (defined in Section 13.01) contained within any of the said Open Spaces, (iii) the
Variable Width Permanent Drainage & SWM Easement as shown and labeled on the Plat,
with (i)-(iii) all as shown on the Plat, and (iv) other space that the Declarant may
designate in a supplemental declaration. The Common Area may be adjusted by and
through Boundary Line Adjustment Plats recorded hereafter.
Section 1.06. "Community Assessments" shall mean and refer to the charges, fees
and liens imposed upon Lots for community purposes as provided in this Declaration, and
as may be amended from time to time.
Section 1.07. "Declarant" shall mean and refer to Adelaide Cville, LLC, a Virginia
limited liability company, and any successor to or assignee of it as Declarant and/or
developer.
Page 2 of 34
Section 1.08. "Declarant Control Period" shall mean and refer to the period
commencing on the date of the recordation of this Declaration in the Clerk's Office
(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 1.09. "Declaration" shall mean and refer to the covenants,
restrictions, easements, conditions, reservations, liens and charges and all other
provisions herein as set forth in this entire document, as the same may from time to
time be amended or supplemented.
Section 1.10. "Dwelling Unit" shall mean and refer to any portion of the Property, as
improved, intended for any type of independent ownership for use and occupancy as a
residence by one household.
Section 1.11. "Home Builder" shall mean an entity that regularly constructs
residential dwellings for sale to homeowners, including, without limitation, NVR, Inc., its
subsidiaries and affiliates.
Section 1.12. "L&" shall mean and refer to any plat of land numerically designated
and shown or described on any recorded plat of any portion of SPARROW HILL, by phase
or otherwise, with the exception of Common Area. "Detached Lot" shall mean and refer to
all Lots where the Dwelling Units do not share a party wall with any other Dwelling Unit.
Section 1.13. "Maintain" or "Maintenance" shall mean care, inspection,
maintenance, operation, repair, repainting, remodeling, restoration, improvement,
renovation, alteration, replacement and reconstruction.
Section 1.14. "Member" shall mean and refer to any Lot owner entitled to
membership in the Association.
Section 1.15. "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 priority position against the title of any portion of the Property.
Section 1.16. "Mortgagee" shall mean the institutional holder, insurer or guarantor
of a Mortgage.
Section 1.17. "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 1.18. "Plat" shall mean the "Subdivision Plat, Lots 1 thru 35, Sparrow Hill,
Located on U.S. Route 250 (Rockfish Gap TPKE.) About 0.2 Mile East of State Route 240
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(Crozet Avenue), White Hall Magisterial District, Albemarle County, Virginia" ("Plat"),
prepared by Roger W. Ray & Assoc., Inc., dated March 28, 2018, last revised August 1,
2018.
Section 1.19. "Property" shall mean and refer to that certain real property, described
in Section 2.01, and as shown in the Plat attached as Exhibit "A" hereto, and such additions
thereto as may hereafter be brought within the jurisdiction of the Association.
Section 1.20. "Roads" shall mean and refer to the roads and streets within
SPARROW HILL designated as public right of way and/or private right of way or alley, as
shown and described on the Plat in Exhibit A (as defined in Section 2.01 hereof), as well
as any future roads that are platted to serve future development phases in SPARROW
HILL. The Roads include all improvements within the designated right of ways, including,
but not limited to, curbs, sidewalks and grass strips, if applicable. The Private Roads are
part of the Common Area that will be conveyed to the Association as set forth herein and
are subject to maintenance by the Association as set forth in Article VI. "Public Roads"
shall mean and refer to those certain roads or streets shown on the Plat that have been
dedicated to a public authority for public use.
Section 1.21. "Sparrow Hill" 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 1.22. "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 14.03 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, SPARROW HILL. The portion of the Property which at this time
is, and shall be held, transferred, sold, conveyed, donated, leased, devised, inherited
and occupied subject to this Declaration, is:
Those certain lots or parcels of land numbered 1 through 35, as shown
and described on that certain subdivision plat entitled "Subdivision Plat,
Lots I thru 6 and Lots 22 thru 35, Sparrow Hill, Located on U.S. Route
250 (Rockfish Gap TPKE.) About 0.2 Mile East of State Route 240
(Crozet Avenue), White Hall Magisterial District, Albemarle County,
Virginia" ("Plat"), prepared by Roger W. Ray & Assoc., Inc., dated March
28, 2018, last revised August 1, 2018, as recorded herewith as Exhibit A
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia
("Clerk's Office"), to which reference is hereby made for a more
particular description of the Property.
Section 2,02. Additional Property. Declarant shall have the right, but not the
obligation, without further consent of the Association or of other Owners, to bring within
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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 that
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 SPARROW HILL which shall amend the operation and
effect of this Declaration, and the jurisdiction of the Association, to such added real
property. A Supplemental Declaration filed by Declarant may contain such complementary
conditions and modifications of the covenants, conditions and restrictions contained in this
Declaration as may be necessary or desirable to reflect the different character, if any, of the
added real property. 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 Adioining 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 at
least 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 that is held subject to this Declaration.
ARTICLE III - ASSOCIATION
Section 3.01. Association. Sparrow Hill 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 SPARROW
HILL 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. The Declarant shall convey the Common Area
to the Association in fee simple, free and clear of all liens, but subject to this Declaration and
all other easements, conditions and restrictions of record, prior to the expiration of the
Declarant Control Period. The Association shall accept title to any portion of the Property
offered to the Association offered to the Association by the Declarant or as directed by the
Declarant.
Section 4.01. Insurance. Each Owner covenants and agrees to maintain fire,
general liability and extended coverage insurance on the improvements and structures on
their Lot to the full insurable value thereof. The Association shall only carry insurance
related to the Common Areas of this Association, and administration of the Association.
Section 4.02. Restoring Property. In the event any improvements or structures
located on a Lot are damaged or destroyed by any casualty, the Owner of such Lot shall
promptly restore the improvements at the Owner's sole cost and expense to the original
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condition existing prior to the casualty event or to a condition better than the original
condition.
Section 5.01. Generally. In addition to all utility easements and sight distance
easements reserved on the Plat, the Declarant reserves unto itself, its successors and assigns,
perpetual and alienable easements and right of ways on every portion of the Common Area
(i) to construct, Maintain, inspect, replace and repair all utilities, including, but not limited
to, water, sewer, electric, telephone and cable, with the corresponding poles, wires, cables,
conduits, pipes, valves, and other suitable equipment for the conveyance of water, sewer,
telephone, electricity, cable, communications and other utilities and public conveniences;
(ii) for storm and surface -water drainage, together with the right of ingress and egress to all
such facilities and easements for the construction and maintenance thereof, (iii) to create,
provide and Maintain any sight distance easements and/or slopes required by the County of
Albemarle and/or the Virginia Department of Transportation for use and/or acceptance for
public maintenance of the Roads; (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 SPARROW HILL 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. Pedestrian Access Easement for Declarant. The Declarant reserves
unto itself, its successors and assigns, a perpetual and alienable access easement and right of
way across for five feet (5') across the boundary lines of Lot 23. This easement shall be for
pedestrian purposes only. The easement shall provide ingress and egress from Sparrow Hill
Lane to the Open Space D area as shown on the Plat in Exhibit A.
Section 5.03. 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 SPARROW HILL; 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 5.04. 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;
Page 6 of 34
(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 the Common Area by any Owner for a period during which any
Assessment against his Lot remains unpaid, and for a period for any infraction of
the Association's published rules and regulations, provided that access to the
Owner's Lot over Common Area is not disturbed or interfered with;
(d) The right of the Association to dedicate or transfer all or any part
of the Common Area, subject to the Declarant's easements in this Article V, 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 5.05. Drainage and Maintenance Easements. The Declarant reserves unto
itself, its successors and assigns, perpetual and alienable drainage easements and right of
ways above ground and underground as shown on the Plat and upon every portion of the
Common Area to construct, Maintain, inspect, replace and repair pipes and swales for
storm and surface water drainage. Further, the Declarant shall establish such easements
for drainage and water flow as 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 5.06. Easement for Maintenance. Repair and Replacement. For the
purpose of performing the maintenance on the Lots or Common Area required or
permitted by this Declaration, the Declarant and/or the Association, through its duly
authorized agents and/or employees, shall have a non-exclusive easement to enter upon,
or in, any Lot or any portion of the Common Area, for the purpose of performing
maintenance in accordance with all Articles of this Declaration.
Section 5.07. Scope of Easements. The easements provided for in this Section shall
include the right to cut any trees, brush and shrubbery, make any grading of soil, and take
other similar action reasonably necessary to provide economical and safe utility installation
and drainage facilities, 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
Page 7 of 34
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 5.08. Parking Lot Easements. Prior to conveying particular Lots to third
parties, the Declarant may establish certain parking lot easements over and across
certain Lots, to be administered by the Association. All such parking lot easements shall
be maintained and administered according to rules and standards that will be adopted
by the Board, as such may be amended from time to time.
Section 5.09. Encroachment. Declarant reserves unto itself, its successors and
assigns, a 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 6.01. Sidewalks. The initial construction of the road frontage and
sidewalks shall be borne and completed by Declarant. As of the date the Declarant installs
the Common Area improvements, the cleaning, repair, maintenance, upkeep,
improvement, snow removal, enhancement and replacement of the sidewalks within the
Common Area shall be borne by the Association. All walkways running from road
frontage sidewalks to the door of all Lots will be Maintained, replaced, improved or
repaired, and the snow 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
SPARROW HILL. This subdivision will be subject to a separate Storm Water
Management Agreement with the County. The initial construction of the drainage and
storm water run-off control measures shall be borne and completed by Declarant. As
of the completion date, the repair, maintenance, upkeep, improvement, enhancement
and replacement of the drainage and storm water run-off control measures shall be
borne by and are the responsibility of the Association. These facilities include, but are
not limited to, storm sewers, drainage channels, inlet channels, biofilters and basins.
Section 6.03. Maintenance of Identification Signs. The Declarant has determined
that it is desirable to construct, install, and Maintain community and street identification
signs within SPARROW HILL. The initial construction and installation of community
and street identification signs deemed appropriate by Declarant shall be borne and
completed by Declarant. After the installation of any such sign, the repair, maintenance,
upkeep, improvement, enhancement and replacement of community identification signs
shall be borne by and be the responsibility of the Association. On Roads accepted into
the public road system, the road signs shall meet the required standards and be
maintained by the County of Albemarle ("County") Road System. All signs and street
lights in the subdivision shall be in accordance with the requirements of the County.
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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 paid for by and shall be completed by the
Declarant or its assigns. Upon completion of the construction of the Roads, the cost
of Maintenance, upkeep or replacement of all Roads and sidewalks located within
the established Public easements or right of ways in SPARROW HILL 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 paid for by and shall be completed by
the Declarant or its assigns. Upon completion of the construction of the Private
Roads, the cost of Maintenance, upkeep or replacement of all Private Roads and
sidewalks located within the established private easements or private right of
ways in SPARROW HILL 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 approved by the County and initially
constructed by the Declarant. The travelway shall at all times be maintained so
that it is safe and convenient for passenger automobiles and emergency
vehicles at all times except in severe temporary weather conditions.
(ii) Maintenance. For purposes of this 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 Road 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.
Page 9 of 34
(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
Ur
ginia Department of Transportation and the County ofAlbemarlo ErgLnia•
will be responsible for maintaining any improvement identified as part of the
Private Roads in SPARROW HILL.
(iv) When to Maintain. After the initial construction of the
Private Road, 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.
(e) 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 that
are established in SPARROW HILL 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 Common Areas, entrance features, and, storm water management
facilities, as deemed appropriate by Declarant, shall be borne and completed by
Declarant. Upon completion of the Common Areas, entrance features and storm water
management facilities, the Association shall be responsible for the maintenance of all
grass, and the maintenance of, and in its discretion, the replacement of, all shrubbery
and other plantings within the Common Area, which are either natural or were planted
by Declarant within the Common Areas 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 its Lot.
Section 6.06. Maintenance of Common Areas Improvements. After the initial
installation by the Declarant is complete, the Association shall be responsible for the
upkeep, maintenance, management, operation and control of the Common Area and all
improvements thereon including but not limited to, sidewalks, playground equipment,
benches, all fixtures, personal property and equipment related thereto, and the
Association shall be responsible for paying personal property and real estate taxes, if any,
on the Common Area and all improvements and personal property located thereon. The
responsibility of the Association with regard to the upkeep, maintenance, management,
operation and control of such Common Area shall include any and all sidewalks,
pedestrian pathways, and trails, parks, tot lots and playgrounds, playing fields, the storm
water management facility, open space areas and all of the access and parking areas for
any such facilities. The Association shall keep the Common Area in good, clean and
attractive condition as determined by the Board. Notwithstanding any other provision of
this Declaration, if any Owner through his own negligence or through his construction,
development or other unusual activity on his/her Lot causes damage to any portion of the
Common Area, then he/she shall be solely and exclusively responsible for the repair of
such damage without the benefit of contribution from the other Owners, the Declarant or
the Association.
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Section 6.07. Maintenance of Party Walls.
(a) General Rules of Law to Apply. Each wall which is built as a part
of the original construction of any townhouse or attached dwelling unit upon the
Property subject to this Declaration and placed on the dividing line between Lots
shall constitute a party wall, and to the extent not inconsistent with the provisions of
Section 6.07(b), the general rules of law regarding party walls and liability for
property damage due to negligence or willful acts or omissions shall apply thereto.
(b) Sharing of Repair and Maintenance. The cost of reasonable
repair and maintenance of a party wall shall be shared by the Owners who make
use of the wall in proportion to such use.
(c) Destruction by Fire or Other Casualty. If a party wall is
destroyed or damaged by fire or other casualty, any Owner who has used the wall
may repair or restore it, and if the other Owners thereafter make use of the wall,
they shall contribute to the cost of repair or restoration thereof in proportion to
such use, without prejudice, however, to the right of any such Owner to call for a
larger contribution from the others under any rule of law regarding liability for
negligent or willful acts or omissions.
(d) Weatherproofing. Notwithstanding any other provision of Section
6.07(b), any Owner who by his negligent or willful act causes the party wall to be
exposed 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 party 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) is subject, plus an administrative of Fifteen Percent
(15%) of the cost of such work or Fifty Dollars ($50.00), whichever is greater.
Section 6.08. Maintenance of Lots and Structures on Lots.
(a) Maintenance by Owner. Exterior maintenance on improvements
and dwelling units is NOT required to be performed by the Association. Except as
otherwise provided for in this Declaration, the Owner of such Lot shall perform such
maintenance, repair and replacement, and shall keep his Lot and all structures thereon in
good order, condition and repair, including but not limited to:
Removal of snow and ice from walkways, leadways, lead walks, and
driveways;
Page 11 of 34
(i) Exterior painting of trim, doors, shutters, siding and any
other painted surface, as required and approved by the Board (or as may be
delegated by the Board to the Architectural Review Board);
(ii) Leaf cleaning from gutters and downspouts, to prevent
overflow and clogging of the drainage systems for Detached Lots;
(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) Roof repair and replacement for Detached Lots.
(vi) All tree and branch maintenance for trees, as well as
general debris, located on an Owner's Lot.
(vii) 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.
(viii) Street Lighting. SPARROW HILL 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.
(ix) 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).
(x) In the event that any Owner shall fail to Maintain, repair
and/or replace any item of maintenance, repair or replacement for which he is
responsible in a manner satisfactory to the Board of Directors, the Association,
after thirty (30) days' prior written notice to such Owner and upon affirmative
vote of a majority of the Board of Directors, shall have the right (but not the
obligation) to provide such maintenance, repair and/or replacement as in the
opinion of a majority of the Board of Directors is required, and the cost thereof
plus an administrative fee of 15% of the cost of such work or Fifty Dollars
($50.00), whichever is greater, shall be assessed against the Owner of such Lot
and added to and become a part of the Association's assessment accounts as
determined appropriate by the Board of Directors. In addition, the Board has the
authority, but not the obligation, to initiate certain community -wide exterior
maintenance and provide for the same under regular or special assessment as
provided for herein.
(b) Maintenance by the Association. The Association shall provide
exterior maintenance as follows:
Page 12 of 34
(i) Limited Landscaping_ Landscaping Maintenance by the
Association shall include periodic lawn cutting services that are contracted for on
each Attached Lot by the Board. These landscaping services may also include
routine thatching, fertilizing and aerating, at the discretion of the Board. Lawn
cutting inside of fenced areas on a Lot may be limited and restricted, according to
rules set forth by the Board. Lawns and yard within fences may be required to be
maintained by Owners under Section 6.08 (a) above.
(ii) Mulch. Mulch in landscaped beds. The Association may
also include periodic mulch services for landscaping beds and/or trees that are in
the front of an Attached Lot, or, in the front and on one (1) side for corner or end
unit Attached Lots.
(iii) Leaves. Leaf cleaning from gutters and downspouts, to
prevent overflow and clogging of the drainage systems, for Attached Lots only.
(iv) Sidewalk Snow/Ice Removal. The Association shall
provide snow and ice removal from the connective neighborhood sidewalks
adjacent to the Roads, but not for the private lead walks or driveways on each Lot.
The Board and/or Managing Agent (defined in Section 14.01) 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 that are installed as part
of the original approved site plan for Sparrow Hill, 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.
Section 7.01. Membership. The Owner of a Lot shall be a Member of the
Association. In addition, Declarant shall be a Member of the Association as set
forth in this Declaration, the Articles of Incorporation and Bylaws of the
Association so long as Declarant owns any Lot. Membership in the Association
shall be appurtenant to and may not be separated or alienated from, 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
Page 13 of 34
Lots for Dwelling Units in the Clerk's Office. Each Lot constitutes one (I) residential
Dwelling Unit. SPARROW HILL and this Association shall have two classes of voting
membership:
Class A: Class A Members shall be all Owners of Lots, with the
exception of the Class B Member. Class A Members shall be entitled to one (1)
vote for each Lot owned by said Class A Member. In the event that more than
one person or entity holds such interest in any Lot, all such persons or entities
shall be Members. The vote for such Lot shall be exercised as they, among
themselves, determine, but in no event shall more than one (1) vote be cast with
respect to any Lot.
Class • The Class B Member shall be the Declarant. The Class
B Member shall be entitled to ten (10) votes for each Lot owned. The Class B
Membership shall terminate on the date on which Declarant has transferred to
Class A Members a total of one hundred (100%) of total anticipated number of
Lots that may be developed on the Property. The Declarant may terminate its
Class B Membership at any time by filing with the Association and in the
Clerk's Office a written certificate terminating Declarant's interest in
SPARROW HILL 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
Page 14 of 34
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 SPARROW HILL, two (2) types of
assessments are permitted, as follows: (I) Community Assessments made by the
Association upon all Lots for regular and daily community purposes; (2) Reserve Fund
Assessments made by the Association upon all Lots for the periodic work such as: the
long term capital improvements for Common Areas, parking areas (if any), and, other
repairs or replacements of community features. In addition, all of the above Assessments
can be regular or special as set forth herein. A chart is provided in Section 8.06(e) to
illustrate the main features of the Assessment Structure.
Section 8.02. Assessments by Class and Exceptions. All Assessments in this
section are paid by Class A Members. The Class B Members, the Declarant, and the
Home Builder do not pay any Assessments hereunder.
Section 8.03. Community Assessments.
(a) Creation of Community Assessment Lien. Declarant, for each Lot owned,
hereby covenants, and each Owner of any Lot, by acceptance of a deed or other
instrument of conveyance therefor, including any purchaser at a judicial or
trustee sale, whether or not it shall be so expressed in any such deed or other
conveyance, shall be deemed to covenant and agree to pay to the Association the
following Community Assessments: (1) all annual assessment dues, fees and
charges, and (2) all special Community Assessments for capital improvements,
major repair, and/or extraordinary items, such special Community Assessments
to be fixed, established and collected from time to time as hereinafter provided.
The Community Assessments, together with interest as hereinafter provided,
costs of collection, and reasonable 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 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 SPARROW HILL, and in particular for the repair,
maintenance, upkeep, improvement and enhancement of (i) access easements,
(ii) Private Roads, (iii) parks, (iv) sidewalks within the parks, (v) certain
retaining walls as provided for in this Declaration, (vi) surface and storm water
drainage facilities, (vii) the Preservation Area (defined in and subject to Article
X111) whether within the Common Areas or the individual Lots, (viii)
identification signs, (ix) exterior lighting systems for streets (if applicable) and/
Page 15 of 34
or (x) Common Areas, (xi) landscaping maintenance of all Attached Lots as
determined by the Board, and (xii) Maintaining the grounds of Common Area,
(xiii) parking areas (if any), and (xiv) amenities in SPARROW HILL, including
but not limited to, (a) mowing grass, (b) landscaping, (c) paving, (d) striping,
(e) cleaning, (f) snow, and (g) ice removal in the Common Areas, 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 1 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 three hundred fifteen and 00/100 Dollars ($315.00) per
quarter, 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,
but may take into account charges or services relating to Attached Lots only
and not also to Detached Lots, such as landscaping maintenance of the
Attached Lots as determined by the Board, and may be collected in advance
on a quarterly or other periodic basis as determined by the Board.
Page 16 of 34
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 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 Lot.
(b) Prose of Community Reserve Fund Assessments. The
Community Reserve Fund Assessments levied by the Association shall be used
for the purpose of: (i) the long term capital improvements or major maintenance
of the Common Areas, Private Roads, and certain retaining walls described in
this Declaration, (ii) other unforeseen and extraordinary expenses of the
Association, and/or (iii) the removal and replanting of trees (or other costs
associated therewith) located within the Preservation Area (defined in Section
13.01), whether located within Common Areas 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 sixty-eight and 30/100 Dollars
($68.30) per year, prorated from the commencement of collections. The Board
may defer or waive reserve funding in any given calendar year based on the
needs analysis of a reserve study by the Board.
(d) Special Community Reserve Fund Assessment. In addition to the
annual 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 Areas 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.
Page 17 of 34
(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: Date of Commencement of ALL Assessments and ALL Annual
Reserve Fund Assessments, and Increases in Assessments
(a) Commencement. Except as set forth in Section 8.02, the annual
Assessments provided for herein shall commence as to all Lots on the
date to be specified by the Declarant, but in no event later than the first
day of the first calendar quarter following the first meeting of the
Association. The Assessments may be prorated to reflect any portion of
a year when dues collection commences. The Reserve Fund
Assessments provided for herein shall commence as to all improved
Lots on the date to be specified by the Declarant, but in no event later
than the first day or the first calendar quarter following the 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 st 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
Page 18 of 34
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), but do not apply to
any special Assessments. Increases or decreases, effective January 1 st
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 at least 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.
The initial amount of the New Owner Set Up Fee will be $50,00,
Said amount is payable to the Association, upon the recordation of a
new Deed to any Lot. The fee may be assigned by the Board to a
Management Company for the administrative costs associated with
establishing a new Lot Owner in the records of the Association for
mailings, e-mails, accounting and other communications. The fee is
imposed on a per Lot basis to new Owners as evidenced by a Deed
of conveyance to the 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 home builders, as well as court ordered transfers.
(e) Assessment Illustrative Summary. This is a general illustrative table
of Regular Assessments only. Additional terms and conditions are
set out in more detail throughout this Article VIII and this
Declaration. Special Assessments and periodic Assessment
increases are not illustrated in this table.
Page 19 of 34
Type of Assessment
Starting
Annual
Amount of
Assessment
Assessments cover the following
services,
generally.
Annual
$1,260.00 /
Common Area Maintenance.
Community
year per Lot
Snow & Ice
Regular
Removal on Roads. Gutter
Assessment
cleaning. Association
administrative expenses. Maintain
Preservation Area.
Annual
$68.30/ year
Long term capital improvement of
Community
per Lot
Common Area elements, such as
Reserve Fund
private road repairs, entrance
Assessment
features, park improvements and
storm water management
facilities. Removal and replanting
of trees located within the
Preservation Area.
NOTES:
(1) Special assessments can be voted on and added to each of the
Assessment types and amounts listed above. (2) Starting amounts are
effective when Assessments commence and are subject to increases as
voted on by the Board and/or the Association. (3) There is a New
Owner Set Up Fee to pay for administrative charges associated with
transfers in ownership. See 8.05(d) above.
Section 8.06. 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 8.07. 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
Page 20 of 34
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 8.08. 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 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 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.
Page 21 of 34
Section 9.01. Purpose. An Architectural Review Board shall
regulate the external design, appearance, use, location and maintenance
of improvements, and landscaping on any Lot or the Common Area,
other than improvements constructed or landscaping done by Declarant
or the Home Builder, or 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 SPARROW HILL as constructed by Declarant.
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 to an Owner shall be
made or done without the prior approval of the Home Builder or the
Architectural Review Board except as otherwise expressly provided
herein. No buildings, sheds, fences, walls, residences or other
structures or improvements to a structure erected, or constructed on
any portion of SPARROW HILL shall be commenced, other than by
Declarant or Home Builder, without the prior written approval of the
Architectural Review Board. Declarant and Home Builder shall not
be required to obtain the consent or the approval of the Architectural
Review Board or of the Association for any improvements,
construction, grading or landscaping performed by Declarant, the
Home Builder, or their contractors and subcontractors in SPARROW
HILL.
Section 9.03. Procedures. Any Owner, other than the Declarant
or Home Builder, who desires to construct any structure, improvement
on or make alteration to the exterior appearance of his Lot, or the
improvements thereon, and the Association itself, if it desires to
construct any improvements or make any alteration to any Lot or the
Common Area, shall submit to the Architectural Review Board the
plans and specifications therefor showing (a) the site plan showing the
location of all proposed and existing structures on the Lot; (b) the
exterior elevations for the proposed structure or alteration; (c)
specifications of height, color, materials and other details affecting the
exterior appearance of the proposed structure or alteration; and (d) a
description of the plans for existing and proposed landscaping or
grading. In discharging its functions and duties, the Architectural
Review Board shall endeavor to maintain and preserve the general
character and architectural compatibility of SPARROW HILL as
constructed by Declarant. In the event the Architectural Review Board
fails to approve, modify or disapprove in writing a request for approval
required herein within thirty (30) days after plans, specifications, or
other appropriate materials have been submitted in writing to it, in
accordance with its adopted procedures, the approval will be granted.
Page 22 of 34
The Architectural Review Board may adopt procedures, rules or
standards as to the information it requires to be submitted to it with
any request for approval, including establishing an application fee and
a review fee.
Section 9.04. Composition of Architectural Review Board
During the Declarant Control Period, the Architectural Review Board
(also known as ARB) shall be a committee initially consisting of at least
one (I) person, appointed by Declarant, but the ARB may be increased by
the Board from time to time to not more than five (5) members. Such
person(s) may, but need not, be members of the Association. Members of
the ARB shall serve for a tern of one year or until their successors are
appointed and qualified. Following the Declarant Control Period, the
members of the ARE 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 SPARROW HILL.
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 SPARROW
HILL.
Page 23 of 34
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 party
home builders may post a model home sign, lot marker signs, and "for
sale" signs on available Lots and in the Common Areas, until the
Declarant has sold or transferred the last Lot. All other "for sale" and/or
"for rent" signs are limited to window signs that are no larger than 2.5
feet in height and width. Each Lot may only display one (1) "for sale"
or "for rent" sign at any given time. Each Lot is permitted to display
one American flag on a pole attached to a front porch or other first
floor frontage of the dwelling. Said flag shall not exceed 3 feet by 5
feet in size. The Board shall have the right to promulgate rules relating
to holiday decorations, including but not limited to the location and
hours that lights may be left on and 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 SPARROW HILL, 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 pennanent, within SPARROW HILL 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 SPARROW HILL by
reason of. (I) 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 Architectural Review Board. No transmitting or
receiving equipment which might interfere with television, radio or any
other communications reception of Owners shall be used or permitted
upon or within any Lot. The provisions of this section shall not preclude
the Association from establishing a community antenna or earth receiving
Page 24 of 34
television system in SPARROW HILL. 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 Lot Owner and not by the Association.
Section 10.07. Garage andDriveway ParkiDg,To prevent parking
problems throughout SPARROW HILL, garages and/or driveways must
be utilized for vehicle parking by the Members to their fullest useful
extent so as to minimize the number of vehicles visible from Common
Areas and Roads at SPARROW HILL. Lot Owners shall at all times
keep all vehicles within the garage, driveway or designated parking spot
for their particular unit. The Declarant or the Board may adopt rules,
regulations and fines relating to parking, so that garages and driveways
are fully utilized for parking and that the guest parking is reasonably
available for guests and short term parking. The Board has the authority
to designate and assign parking spaces to certain Lots within the
Common Area.
Section 10.08. Clothes Drying. No clothing, laundry or wash
shall be aired or dried on any portion of a Lot exposed to view from any
other Lot, the Common Area or Roads and access easements.
Section 10.09. Pets. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any Lot or within the Common Area,
except that dogs, cats and other common household pets may be kept on
individual Lots, subject to reasonable rules and regulations established by
the Association. Dogs shall be under the control of their owner at all
times. Dogs shall not be tied up or penned outside overnight.
Section 10.10. Motor Vehicles. No inoperable motor vehicles or
motor vehicles without current tags and/or inspections shall remain
within SPARROW HILL 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. Storage of Firewood. No more than three-quarter
(3/4) cord of firewood shall be stored at anytime on or within any Lot and
may not be piled, stacked or stored against the exterior wall of any
building.
Section 10.12. Trash Collection. Trash removal is included as
part of the Assessment collection for the Association. It is anticipated
that trash collection for SPARROW HILL 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 SPARROW HILL. This right may be
exercised by the Declarant to enhance the tranquility of SPARROW
Page 25 of 34
HILL by reducing the number of times each week that trash trucks are
in SPARROW HILL and to protect the Roads in SPARROW HILL 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.
Section 10.13. Fencing and Decking. Fences and decks are not
permitted without first obtaining the approval of the Architectural Review
Board pursuant to Article IX.
ARTICLE XI - DECLARANT'S RIGHTS
Section 11.01. Declarant's Rights. Declarant hereby reserves to
itself, and each Owner of any Lot by acceptance of a deed or other
instrument of conveyance, hereby agrees, that Declarant shall have the
following rights, so long as Declarant owns any Lot in SPARROW HILL
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;
(c) The right to approve or disapprove any trails,
roads, or easements in SPARROW HILL; and
(d) The right to conduct the development,
construction, marketing and sale of all property in SPARROW HILL
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 SPARROW HILL.
Section 11.02. Declarant's Development Right to 7.30 Acres.
The Declarant reserves unto itself, its successors and assigns, a perpetual
and alienable right to develop the ' 7.30 Acres New Development Area" as
shown on the "Sparrow Hill Open Space D Amendment dated 6/26/2018"
recorded with the plat herewith in Exhibit A. This development right
shall include but not be limited to the development of new lots and the
construction of single family homes, roads, sidewalks, trails, gardens,
playing fields, play grounds, parks, farm land and all other improvements.
Page 26 of 34
Section 11.03. 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 XI1— BUILDING SETBACK LINES
Section 12.01. Pumose. The building setback lines and/or
setback requirements shown on the Plat are set forth solely for
informational purposes to show the setback requirements imposed by
the zoning ordinance of the County of Albemarle in effect on the date
of approval of such plat and are not restrictive covenants running with
the land.
Section 12.02. 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 — OPEN SPACE PRESERVATION AREA
Section 13.01. Creation of Preservation Area Easement:
Association Responsibility. The Declarant hereby imposes a perpetual
tree preservation/woodland preservation easement within those certain
areas labeled and designated as "Open Space D" on the Plat
("Preservation Area"). The Preservation Area shall remain undisturbed
and trees located within the Preservation Area shall be preserved in
accordance with the terms set forth herein. The Association shall be
responsible for the maintenance of the Preservation Area upon the terms
set forth within this Article XIII.
Section 13.02. Tree Removal and Replacement Procedure. No
person(s) or entit(ies) shall remove any standing trees contained within
the Preservation Area, unless otherwise permitted herein. The
Association may remove certain tree(s) within the Preservation Area
upon obtaining prior written consent from Albemarle County or its duly
authorized department (the "County"). If one or more trees within the
Preservation Area need to be removed for appropriate reasons (diseased
or dying, control of invasive species, safety hazard to structures, etc.),
then the Association shall snake written request for said removal of trees
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) in any location where tree(s) 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 located within the Preservation
Page 27 of 34
Area, where such trees are also located within any of the Open Space
areas shown on the Plat shall be borne by the Association and shall be
funded and paid by the Association's Assessments under Article VIII
hereof. The costs to remove and replant any trees within the Preservation
Area, where such trees are also located within one or more Lot(s) of
Owner(s), shall be initially borne 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 Declarant's Development Right. The provisions
of this Article XIII shall not apply to the Declarant (his successors and
assigns) if the the Declarant chooses to exercise his development right
on the 7.30 Acre New Development Area as described in Section 11.02.
Section 13.05 Amendment. Notwithstanding Section 14.03
below, or any other provision herein, this Article may not be amended
without the prior written consent of the County.
ARTICLE XIV — GENERAL PROVISIONS
Section 14.01. 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 (1) year, which
contract shall provide for termination by either party without cause and
without payment of termination fee on no more than ninety (90) days'
written notice.
Section 14.02. SSeverability. 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 14.03. 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 55-515.2.
Section 14.04. Gender: Singular/Plural. As used in this
Declaration, the masculine gender shall include the feminine and neuter,
Page 28 of 34
and vice versa, and the singular shall include the plural, and vice versa,
whenever appropriate.
Section 14.05. 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 of ten (10) years each, unless modified, amended or
rescinded as provided in Section 14.03.
Section 14.06. 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 14.07. 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 any law or ordinance or with the
order or directive of any municipal or other governmental authority.
Section 14.08. 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
Page 29 of 34
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 14.09. Monetary Charges. In addition to the methods of
enforcement provided for elsewhere herein, the Association shall have
the right to levy monetary charges against an Owner or guests, lessees
or invitees thereof at such Owner's Lot, in the manner set forth herein,
and such monetary charges shall be collectible as any other Assessment
such that the Association shall have a lien against the Lot of such Owner
as provided in this Declaration, the Bylaws, the Articles or any other of
the rules and regulations of the Association, and such monetary charge
shall also become the binding personal obligation of such Owner.
(a) The Board shall be charged with determining
where there is probable cause that any of the provisions of this
Declaration, the Bylaws, the Articles or the rules and regulations
of the Association, regarding the use of a Lot or the Common
Area or other Association property, are being or have been
violated. In the event that the Board or the Architectural Review
Board determines that such a violation exists, the Board shall
provide written notice to the person alleged to be in violation, and
the Owner of the Lot if such person is not the Owner, of the
specific nature of the alleged violation. The notice shall also
specify, and it is hereby provided, that each recurrence of the
alleged violation or each day during which it continues shall be
deemed a separate offense, subject to a separate monetary charge
not to exceed Twenty -Five Dollars ($25.00) for each offense.
(b) A monetary charge pursuant to this Section
shall be assessed against the Lot which the violator occupied or
was visiting at the time of the violation, whether or not the
violator is an Owner of that Lot, and shall be collectible in the
same manner as any other Assessment, including by the
Association's lien rights as provided in this Declaration and the
Bylaws.
(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
Page 30 of 34
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 14.10. 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.
Page 31 of 34
[Signatures on the following page]
IN WITNESS WHEREOF, the Declarant has caused this
Declaration to be executed on its behalf by its duly authorized manager.
DECLARANT:
ADELAIDE CVILLE, LLC,
a Virginia limited liability company
By:
yle Redinger, Manager
Adelaide Cville, LLC
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE
I the undersigned Notary Public, in and for the Commonwealth of
Virginia hereby certify that the foregoing Declaration was acknowledged
before me this IS day of p,� Q,,S , 2018 by Kyle Redinger,
J �t-
NOTARY
SEA;NDELLE RENEE KORTE
My Commission Expires: 4= • 13 y • -a i Notary Public
Commonwealth of Virginia
Registration No. 358491
My Commission Expires Jun 30, 2021
Page 32 of 34
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
SPARROW HILL (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
Declaration.
UNITED BANK
B
Its: sPJ1,1 � ry � ct vxS �d�nT
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE
I the undersigned Notary Public, in and for the Commonwealth of Virginia
hereby certify that the foregoin was acknowledgged before me this r54
day of y , 2018 uLomF, ✓e ,
e
NOTARY
My Commission Expires: 112 o1
Page 33 of34
eMENr E M. ARMEPiTRO JT
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ti h� � �E,�pj�specemDn91.2019
014RYPVO �i0f(fl�S10flIOf1825B0
EXHIBIT "A"
Property Description — Plat Recorded Herewith
Those certain lots or parcels of land numbered 1 through 35, as shown and
described on that certain subdivision plat entitled "Subdivision Plat, Lots 1
thru 6 and Lots 22 thru 35, Sparrow Hill, Located on U.S. Route 250
(Rockfish Gap TPKE.) About 0.2 Mile East of State Route 240 (Crozet
Avenue), White Hall Magisterial District, Albemarle County,
Virginia" ("Plat"), prepared by Roger W. Ray & Assoc., Inc., dated March 28,
2018, last revised August 1, 2018.
Being the same property conveyed to Adelaide Charlottesville, L.L.C., a
Virginia limited liability corporation, by deed of Judith S. Herring, dated
February 5, 2018, and recorded in the Clerk's Office of the Circuit Court of
the County of Albemarle, Virginia in Deed Book 5012, page 114.
Page 34 of 34