AW2 Covenants and Amendments

Transcription

B240HP599
DECLARATION
OF
COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS
FOR
AVALON WOODS II, SECTION ONE
THIS DECLARATION, made on the date hereinatÿer set forth by
HARRISONBURG TOWNHOMES, L.L.C., a Virginia limited liability company,
hereinafter referred to as "Declarant."
WITNESSETH
WHEREAS, Declarant is the owner of 3 certain parcels of land containing
7.0 acres, more or less, located/11 the City of Harrisonburg and being the same
property acquired by Declarant by the following deeds:
Parcel One - That certain lot or parcel of land containing 4 acres 33 poles,
more or less, together with the improvements thereon, and air fights, privileges,
appurtenances, easements and rights of ways thereunto appertaining, located on
Old Port Republic Road in the City of Harrisonburg, formerly in Central District,
Rockinglmm County, Virginia, and further described as follows:
"Beginning at a stake in W.G. Leake's line; thence through the tmctN
62 ÿA W 27 poles to a stake; thence S 24 W 29 ½ poles to a stake in John
Kelley's line; thence with his line and passing his comer with William
Shipe's line S 75 3A E 24 poles to a stake in his line and comer to W.G.
Leake; thence with Leake's line N 32 E 24.1 poles to the beginning."
Parcel One being that same parcel or tract 0fland conveyed to Declarant by
deed dated October 2, 2002, from Eva Tobin, acting by and through Betty Lou
(Pete) Ellis, her attorney in fact. Said deed is recorded in the Office of the Clerk of
the Circuit Court of Rockingham County, Virginia in Deed Book 2146, page 135.
Parcel Two - That certain lot or parcel of land containing 72.7 poles,
1
LARÿ & BRADSHAW, RC,
AI,'I-FORNEYÿ AT LAW
1,2 NORTH LIBERTY ÿ*TR Eÿ71"
P,O, BOXTI
HARRIÿONBURG, VIRGINIA
22EIOÿ
X:kRhondakEVICIGCOVENAN'I'ÿvalon Woods II Section One,dec
B2HOHP60O
more or less, together with the improvements thereon, and all rights, privileges,
appurtenances, easements and rights of ways thereunto appertaining, situate about
one-half mile southeast of Mabel Memorial Church on the west side of the Port
Republic Road, formerly in Central District, Roekingham County, Virginia,
adjoining Owen DiUard and Melvin Tobin, and according to a survey of A.R.
Myers, S.R.C., made April 6, 1920, is bounded as follows:
"Beginning at a planted stone on the west side of the road, Manning's
comer; thence with his line N 73 ¼ W 7.68 poles to a fence anchor in said
line, Mack Johnson's comer; thence with his line N 32 ¼ E 19.88 poles
crossing the road tO a stake on the east side of same, new comer; and thence
by a new line through the tract, S 10 W 19 poles recrossing the road to the
beginning."
Parcel Two being that same parcel or tract of land conveyed to Deelarant by
deed dated July 15, 2002, from L. Corinne Armentrout. Said deed is recorded in
the Office of the Clerk of the Circuit Court of Rockingham County, Virginia in
Deed Book 2105, page 767.
Parcel Three - That certain lot or parcel of land containing 2.5 acres,
more or less, together with the improvements thereon, and all rights, privileges,
appurtenances, easements and rights of ways thereunto appertaining, situate near
Port Republic Road, now Reservoir Street, previously in Central District,
Rockingham County, Virginia, now in the City of Harrisonburg, Virginia, more
particularly described by a metes and bounds description in that certain deed dated
January 24, 1920, and recorded in the aforesaid Clerk's Office in Deed Book 115,
page 527. Parcel Three being the same property acquired by the I)eclarant by deed
dated December 16, 2002, from Elzie L. Vest, Rebecca June Bare, Rhonda Harper
Lentz, Larry W. Smallwood, Linda L. Matthews, Donnie Lee Smallwood, and
Claudia L. Kelly, recorded in the aforesaid Clerk's Office in Deed Book 2184,
page 433.
Declarant is presently developing a portion of this land containing 4.589
acres, more or less, known and designated as "AVALON WOODS II, SECTION
CLARK & BRADSHAW. RC.
/ÿ'tTORIÿ EYS AT tAW
92 NORTH U BERIÿt STREET
P, O. BOX71
HARR]SONBURG. VIRGIhDA
22803
2
X:W, hondaÿ,EVICK\COVENANTkAvalon Woods II Section One.doo
B2HDHP60ÿ
ONE" situate on Reservoir Street in the City of Harrisonburg, Virginia, as shown
and designated on a plat entitled, "Final Plat of Avalon Woods 17, Section One"
dated the 2nd day of July 2003 and revised the 22nd day of October, 2003, Section
One" dated the 25th day of September 2003, and made by Barry E. Lotts, land
surveyor, which plat is to be recorded in the Clerk's Office of the Circuit Court of
Roekingham County, Virginia, immediately prior to the reeordation of this
instrument; and
WHEREAS, Rockingham Heritage Bank has a Deed of Trust, which is
recorded in the aforesaid Clerk's Office in Deed Book 2359, page 783, on the
property that is subject to this Declaration, Rockingham Heritage Bank and its
Trustee, Stephen T. Heitz, join in the Declaration to evidence their consent; and
WHEREAS, Deelarant will convey a portion of the said property containing
4.589 acres as more particularly described on the plat prepared by Barry E. Lotts,
dated September 25, 2003, and entitled "Final Plat of Avalon Woods II, Section
One" dated the 2nd day of July 2003 and revised the 22nd day of October, 2003,
Section One", recorded immediately prior hereto, subject to certain protective
covenants, conditions, restrictions, reservations, liens and charges as hereinafter set
forth;
NOW, THEREFORE, Declarant hereby declares that said 4.589 acres, more
or less, of the aforesaid property shall be held, sold, and conveyed subject to the
following easements, restrictions, covenants and liens, all of which are for the
purpose of enhancing and protecting the value, desirability and attractiveness of the
real property. These easements, covenants, restrictions and liens shall run with the
real property and shall be binding on all parties having or acquiring any right, rifle
or interest in the described properties or any part thereof, and shall inure to the
benefit of each owner thereof. Declarant may choose to add additional property
that shall be subject to this Declaration. Additionally, Declarant reserves the right
to not add any additional property and to sell or transfer any remaining property
owned by Declarant free from this Declaration.
3
CLARK & BRAOSHAW. RC.
ATTO RNI.,ÿf S AT LAW
BE NORTH LIBERTY ÿrfREET
P, O,'BOX 71
HARRLÿOIN BUR G, VIRGINIA
2gB03
X:kRhondaÿVICKÿCOVENANTÿvalon Woods II Section One,dec
:EqO"IP60Z
ARTICLE I
DEFINITIONS
Section 1. "Association" shallmean and refer to Avalon Woods lI Owners
Association, Inc., its successors and assigns.
Section 2, "Board of Directors" shall mean and refer to the governing
body of the Association.
Section 3. "Common Area" shall mean and refer to all real property owned
by the Association for the common use and enjoyment of the Members of the
Association.
Section 4. "Declarant" shall mean and refer to Harrisonburg Townhomes,
L.L.C., its successors and assigns. The rights and obligations set forth herein of the
Declarant, as Declarant, shall cease no later than when the last lot is sold.
Section 5. "Development Limits" shall mÿan and refer to the total of 7
acres, more or less, as previously set forth herein, and any additional land which
may be owned or acquired by the Declarant, that may become a part of the
Properties at the discretion of the Declarant.
Section 6. "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Property, with the exception of the Common Area.
ection 7, "Member" shall mean and refer to every person or entity who
holds membership in the Association as follows:
+
(1)
Class A. ClassA members shall be compromised of those persons
or entities which own a fee simple interest (or an undivided fee simple
interest) in, and are the record owners of title to, any lot in the
Association's Development; provided, however, that Class A
members shall not include (i) persons or entities holding such an
interest solely as security for the performance of an obligation, or (ii)
the Developer, Harrisonburg Townhomes, LL.C., its successor or
-ARK & BRADSHAWÿ RC,
ATTO R NÿEi AT LAW
|2 NORTH LIBERTY .ÿTRKIÿT
P,O. BOXTI
HARRISONEIURÿ, VlROINIA
2280ÿ
X;ÿIUION DAÿV] CIÿ'O VIINAN'IÿVALON WOOD$ II S£CllON ONKDOÿ0O-L 171ÿ11/3/ÿ
82HOqPSOg
assignee.
(2) Class B. The sole Class B member shall be Harrisonburg
Townhomes, L.L.C., the developer of Avalon Woods Subdivision, or
its successor or assignee.
Section 8. "Owner" shall mean and refer to the record owner, whether one
or more persons or entities, of a fee simple title to any lot which is a part of the
Property, including the Declarant and contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
Section 9. "Properties" shall mean and refer to that subdivision of land
containing 4.589 acres, more or less, being more specifically described on plats
prepared by Barry E. Lotts, Land Surveyor, dated September 25, 2003, and entitled
"Final Plat of Avalon Woods II, Section One", that is recorded immediately prior
hereto.
Section 10. "Voting Power" shall mean and refer to the total vote
authorized under Article IV herein.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION AND
ADDITIONS THERETO
Section 1. The "Properties." The Properties are and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration.
Section 2. Additions to the Properties. Additional properties may become
subject to this Declaration in ihe following manner:
ao
LARK & BRADSHAW, RC.
ATTORNE%'.8 AT LAW"
32 NORTH LIBÿTY SI'R ÿ ÿi"
P.O, BOÿ(71
HAIÿRIÿOÿBURÿ, VlRGIHtA
22805
Additions by the Developer. The Developer shall have the
unilateral fight to subject to the Declaration any additional
property that lies within the Development Limits, provided that
not more than five (5) years have lapsed since the recordation
of the last SuppIementary Declaration among the land records
X.-YÿION DAÿ VIOY,ÿOVB.N.,kI¢DA VALON W'OO0'ÿ II 'ÿIÿC'I1ON ONÿC,9ÿ I I'M:Iÿ'ÿ/ÿ
ZÿOqPSOÿI
of the City ofHarrisonburg, Rockingham County, Virginia.
The Supplementary Declaration which subjects additional property within
the Development Limits to the Declaration shall describe the real property to
be annexed to the scheme of this Declaration and shall state that it is being
made pursuant to the terms of this Declaration for the purpose of annexing
the property described in the Supplementary Declaration to the scheme of
this Declaration and extending the jurisdiction of the Association to Cover
the real estate so described in such Supplementary Declaration. The
Supplementary Declaration may contain such complementary additions and
modifications to this Declaration as may be necessary to reflect the different
character, ff any, of the real property being annexed or the various housing
or community style characteristics and development approaches to which the
annexed land or parts thereof may be subject, all of which may be
significantly at variance with other portions of the Properties, but all of
which shall be consistent in quality with the improvements constructed on
the Properties.
The additions authorized under subsections "a" and "b" shall be made by
complying with the requirements of the applicable City/County Zoning
Ordinance; by securing the approval of the Federal Mortgage Agencies, ff
required; by recording on these land records one or more Supplementary
Declarations of covenants and restrictions with respect to the additional
property; and by filing with the Association the preliminary plat for such
addition.
Section 3.
a.
The Development Limits Land.
The Development Limits shall not bind the Developer to add
to the Properties any or all of the lands which are shown on
the Development Limits, nor to improve any portion of such
lands unless and until a Supplementary Declaration is filed
by the Developer for such property which subjects it to this
;LARK & BRAE)SHAW, RC.
A'r'r o R NESt'S AT LAW
92 NORTH LIBÿ['¢ STREET
P. O. BOR71
HAR RI,ÿONBURG, VIRGINIA
22a03
Declaration. Thereupon, the Developer shall be obligated to
complete development of the portion of the Properties
annexed by the Supplementary Declaration.
X;'ÿH ON DA',,E V] CÿOVE'I,ÿAI/rÿAVAIJQ N WOODS II ÿECI'ION Oÿ1ÿ. IX)O'S, | Itÿ:|ÿ):ÿ;ÿ
D2qOqP605
b.
Unsubmitted Land. The Developer herebY reserves the right
to develop the land depicted in the Development Limits and
not yet submitted to this Declaration, as desired by the
Developer in response to changes in technological,
economic, environmental, or social conditions related to the
development or markethag of the land or to changes in
requirements of government agencies and financial
institutions.
ARTICLE III
MEMBERSHIP
Every Owner, including the Declarant, shall be a Member oft.he Association.
Where there is more than one Owner of a Lot, each Owner shall be a Member.
Membership shall be appurtenant to, and may not be separated tÿom, ownership of
any Lot, except to person occupying a Lot as herein provided. Ownership of a lot
shall be the sole qualification for membership. The benefits of membership may be
assigned in writing with a copy to the Board of Directors by the Owner to any
person who occupies Owner's Lot.
ARTICLE IV
VOTING RIGHTS
Each Owner shall be a Class A Member and shall be entitled to one
vote for each Lot as to which he qualifies as an Owner. However, in no event shall
more than one vote be cast with respect to any Lot, except the Deelarant as a Class
B Member. The Class B member shall be entitled to three (3) votes for each Lotin
which it holds the interest required for membersliip by Article Three.
Where there is more than one person or entity constituting the Owner of a
lot, the vote for such Lot shall be exercised as they among themselves determine.
LARK & BRADSHAW, RC.
ATTORNEYÿ AT LAW
a2 NORTH U8 ÿRTy .ÿT Iÿr
P.O.BÿXTI
HARRISQNBtJRG, VÿGINIA
22ÿ03
XzkRHOIÿD Aÿ VICIÿ OV'EN ANIÿ VALOÿq WOODS II $ E:ÿ'TION OI'/IÿI:X)Cilÿ 1116; | ÿ€ ÿ
B2qOHP808
ARTICLE V
COMMON AREA
Section I. • Obligations of the Association. The Association, subject to
the fights of the Members set forth in this Declaration, shall be responsible for the
management, maintenance, repair and control for the benefit of the Members of the
Common Areas conveyed to it, including the detention pond and spillway, and all
improvements thereon, and shall keep the same in good, clean, attractive and
sanitary condition, order and repair.
Section 2, Members' Easement of Enjoyment. Every Member shall
have a right and easement of enjoyment in and to the Common Area, and such
easements shall be appurtenant to, and shall pass with, the title to every Lot,
subject to the following provisions:
(1) The right of the Association to charge reasonable fees for the use of
any facility situated upon the Common Area.
(2) The fight of the Association, in accordance with its Articles and Bylaws to borrow money for the purpose of improving the Common
Area and facilities and in aid thereof to mortgage said property.
(3) The right of the Association to suspend the voting fights and right to
use of the facilities by an Owner for any period during which any
assessment against his Lot remains unpaid.
(4)
The right of the Association to dedicate or transfer all or any part of
the Common Area or any easement therein to any public agency,
authority or utility for each purpose and subject to such conditions as
may be agreed to in the instrument of dedication or transfer. No sueh
dedication or transfer shall be effective unless an instrmnent signed by
two-thirds of the voting power has been recorded, agreeing to such
dedication or transfer.
Section 3. Delegation of Use. Any Member may delegate in Accordance
CLARK & BRADSHAW, RC,
ATTO R H K'Y!t ÿT LAW
92 NORTH LIÿIERW 5ÿ
P.{ÿ, BoX ?l
HARRISOIqBURÿ, VfRGINIA
328o3
¾.'ÿtHONDAÿVIC KÿOVENANTÿVALÿN WOODÿ U SBCTION ONF-DOCiIÿ1176:12i'N03tÿIÿ
B2HOLIPB07
with the Articles and By-laws enacted thereunder, his right of enjoyment to the
Common Area and facilities to the members of his family, his tenants, contract
purchasers who reside on the property, or otherwise, as provided in the by-laws or
Rules.
Section 4. Title to the Common Area. The Declarant hereby
covenants for itself, its heirs and assigns, that it will convey fee simple title to the
Common Area to the Association with good and marketable title and free and clear
of liens no later than when the last lot is sold.
ARTICLE IV
EASEMENTS
Section 1. Encroachments and Support. If any improvement constituting
part of any Lot or part of the Common Area now or hereafter encroaches on any
(other) Lot or on the Common Area by reason of:
(1) the original construction thereof;
(2) deviation within normal construction tolerances in the maintenance or
repair of any improvement;
(3)
the settling or shifting of any land or improvement, an easement is
hereby granted to the extent of any such encroachment for the period
of time the encroachment exists. To the extent that any land or
improvement constituting part of any Lot or part of the Common Area
now or hereafter supports or contributes to the support of any land or
improvement constituting part of any (other) Lot or on the Common
Area, the former 'is hereby burdened with an easement for the support
of the latter.
Section 2, Easement Reserved to Declarant. The Declarant hereby
reserves an exclusive easement over the Properties, which easement shall arise
upon the conveyance of the Common Area to the Association whether or not
mentioned in that conveyance, for the purpose of:
I.Jt.R K & BRADSHAW, RG.
ATI'ORNEYS AT LAW
tÿ: NORTH LIlt ERTY STREET
P. O. IÿOX 71
HArÿIRIÿC.HBURG, 91RGINIA
;128O3
3RH Q14 DAÿE V1 CKÿOVENANTÿVALON WOODS II $ F.LÿI ON ONEDOÿ1176:llt3ÿeÿ
B2ÿOÿP608
(1) Completing the construction of all improvements on the Property;
(2) Placing and maintaining signs on the Common Area;
O) Placing communications, Cable television, or satellite infrastructure
upon the Property; and
(4) Any other lawful purpose.
This easement shall be perpetual and exclusive to the Declarant.
Utilities. The Property as a whole is hereby made subject to an
easement for the provision to any portion or portions of the Property of utilities,
including water, sewer, electricity, gas, and telephone service. Any pipes,
conduits, lines, wires, transformers and any other apparatus necessary for the
provision or metering of any utility may be installed, maintained or relocated where
initially installed with the recorded permission of the Deolarant, where
contemplated on any site plan approved by the Deelarant. The fight is hereby
reserved to the Declarant to grant to any pubic utility companies easements over
and through any portion or portions of the Properties, including (without limitation)
any Lots of which the Declarant is not the Owner at the time such easements are
granted. The right is further reserved to the Deelarant to grant any easements
required by any government or govermnental agency over any portion or portions
of the Properties, including (without limitation) any Lots of which the Declarant is
not the Owner at the time such easements are granted.
The Property is subject to a 10' Utility Easement inside all exterior property
lines and centered on all interior lot lines except where lot lines pass through
buildings as shown on the Final Plat of Avalon Woods l-i, Section One, prepared by
Barry E. Lotts, dated July 2, 2003 and revised October 22, 2003, and recorded
immediately prior hereto.
Section 4, Easement for Ingress and Egress for the Benefit of the
Owners of Lots in Avalon Woods II (Section One and all future sections) and
:LARK & BRADSHAW, Re,
ATTORNÿ AT LAW
92 NORTH LIB EWFÿ STREET
P. O, IÿlOX 7 I
HARRISONBURO, VIRGINIA
Z803
,'ÿI-{OH D^ÿVICkÿV£N,ÿCPÿV^LON WOODS tl S BCTION ONÿDOC/OÿI | 'N:l lt3/ÿ€t
fl2qOÿlP60ÿ
all Additional Land which may become part of this development. Declarant
hereby conveys to the Owners of Avalon Woods II (Section One and all additional
land which may become part of this development over which the private access
easement passes), their heirs, suecessors, and assigns, and the Association, its
successors and assigns, an easement for ingress and egress across all Lots and
Common Areas over which passes the Private Access Easement, as shown on the
plat entitled "Final Plat of Avalon Woods, Section One", prepared by Barry E.
Lotts, L.S. dated November 16, 2000, and recorded in the aforesaid Clerk's Office
in Plat Cabinet C, Slide 47, and the plat entitled "Final Plat of Avalon Woods,
Section Two",ÿ prepared by Barry E. Lotts, L.S., dated February 14, 2002, and
recorded in the aforesaid Clerk's Office in Plat Cabinet C, Slide 107, and the plat
entitled "Final Plat of Avalon Woods, Section Three, dated May 1, 2003, and
recorded in the aforesaid Clerk's Office in Deed Book ÿ_, page __._._, and
over all additional land, which may later be added to this development, and which
connects to the Private Access Easements aforesaid. Provided, however that the
land identified as additional land contained in the Developmental Limits shall not
be encumbered by said easement tmtil such time as it becomes part of this
development by the recordation of a Supplemental Declaration.
Section 5. Easement for Ingress and Egress for the Benefit of the
Owners of Lots in Avalon Woods Sections One, Two, Three and Additional
Land. Declarant hereby conveys to the Owners of Lots in Avalon Woods Section
One, Two, and Three and all additional land identified within the Development
Limits which becomes part of this development, their heirs successors and assigns,
and to the Avalon Woods Owners Association, Inc., and the Association, an
easemem for ingress and egress over and across all Lots and Common Areas in
Avalon Woods II, Section One over which passes the Private Access Easement, as
shown the on the plat entitled "Final Plat of Avalon Woods II, Section One,'"
prepared by Barry E. Lotts, L.S: dated July 2, 2003, and revised October 22, 2003,
and recorded in the aforesaid Clerk' s Office hnmediately prior hereto.
Section 6. Mutual Access Easement. This Property is subject to a 10'
mutual access easement along the inside of all rear lot lines as shown onthe Final
Plat of Avalon Woods II, Section One, prepared by Barry E. Lotts, dated July 2,
2003, and revised October 22, 2003, and recorded immediately prior hereto.
CLARK 0l BRAIÿSHAW, RC.
ATTQRNEÿtÿ; AT LAW
9;ÿ NORTH LIBE]RW BTREET
P.o, BOX 7l
HAIRRIÿON EIUROI. VIRGINIA
22803
82HOqP610
Section 7, Easement for Operation, Maintenance and Replacement of
Stormwater Drainage Improvements. Declarant hereby assigns to the
Association an easement for the storm water drainage improvements shown on the
plat attached to the Stormwater Management Easement and agreement dated June
27, 2003 and recorded in the aforesaid Clerk's Office in Deed Book 2314, page
589. Said easement shall be for the purpose of constructing, operating,
maintaining, adding to or replacing, present or future storm drainage facilities,
necessary structures and appurtenances necessary for the disbursement of storm
water and for its transmission through and across the property of Grantors.
Section 8 Private Access and Utility Easement. All common areas are
subject to private access and utility easements.
Section 9. Parking Easement. Each Owner is hereby declared to have an
easement and the same is hereby granted by the Declarant over aU lots and
Common Areas for the sole purpose of ingress and egress and the parking of
vehicles as set forth herein.
ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENTS
Se..ction 1. Creation of the Lien and Personal Obligations of
Assessments, The Declarant, for each improved lot owned within the Property,
hereby covenants, and each Owner, of any Lot by acceptance of a deed therefore,
whether or not it shall be so expressed in any such deed or other conveyance, is
deemed to covenant and agree to pay to the Association; (1) annual assessments or
charges, and (2) special assessments for capital improvements, such assessments to
be fixed, established, and collected from time to thne as hereinafter provided. Such
annual and special assessments, together with any interest thereon and costs of
collection thereof, including reasonable attorney's fees, as hereinafter provided,
shall be a charge on the land and shall be a continuing lien upon the property
against which each such assessment is made in the manner as hereinafter provided
and subject to prior liens upon the property as hereinafter provided. Each such
..ARK ÿ, BRKD,ÿHAW. RC.
ATTORN EYÿ ÿ.ÿ LAW
)2 NORTH LIBIÿR'i'V ÿT R FJÿ"
I',o. BOX71
HARRISONIÿ,URG, VIRGINIA
22BO:3
XSJÿ.H ON DAÿLÿ/ICIÿ VIÿN AN'I\A VA/..ON WOODS II SELÿrtON ONE DOC,ÿO-117611 .ÿ€0lt ÿ
B2q0ÿPGIÿ
assessment, together with such interest costs, and reasonable attorney's fees shall
also be the personal obligation of the person who was the Owner of such property
at the time when the assessment fell due.
Section 2. Purpose of Assessments, The assessments levied by the
Association shall be used exclusively for the purpose of promoting the health,
safety and welfare of the residents of the Property and in particular for the
administrative costs of the Association and the improvement, maintenance, and
repair of the Common Area.
The Association shall use such assessments and levies for the general
purposes stated above, and in addition thereto shaU be required to maintain and
operate the following:
(1)
The Association shall provide maintenance and repairs on the
Common Area, including improvements such as the walkways, the
storm water system, detention pond, spillway, and the covered shelter
area. If need for such repair is caused by the willful or negligent act
or omission of an Owner, lfis family, guests, or tenants, the costs of
such repairs shall be added to and become a part of the assessment to
which such Lot is subject.
(2)
The Association shall maintain all open and Common Areas, as well
as all lights, travel ways and parking areas. The Association shall
contract for services for the collection of garbage and trash and shall
provide snow removal and grass cutting for the Common Area.
(3)
The Association shall operate, maintain add too and replace,
present or future storm drainage facilities, necessary structures and
appurtenances necessary for the disbursement of storm water and
for its transmission through and across the property identified on
the Tax Maps Harrisonburg, Virginia as 84-C-2. Further, the
Association shall maintain the Spillway area located on that parcel
of land identified on the aforesaid Tax Maps as 84-C-2.
CLARK ÿ BÿAI3SfÿAW, P.C.
A"¢TO fÿN E¥ÿ AT LAW
12 NORTH LIBERTY ÿ'lr ÿ*ÿ
g,o÷BoxTt
HARRIÿONSUIÿG, VI/ÿ(31NIÿ
2280ÿ
(4) The Association shall operate such recreational facilities as it deems
X.'ÿFION DAÿ VIC iÿV'ÿIAI'TIMÿVALON WOODS II 8 E C'I'ION ONB.DOCJOÿI I'/ÿt;I lOiOXgt"
02qOqP612
proper for the use of the Members.
(5) The Association shall further be in charge of the general policing and
control of the entire subdivision.
Section 3. Annum Assessments. Within thirty (30) days prior to the
annual meeting of the Association, the Board of Directors shall estimate the net
charges to be paid during the following year (including a reasonable provision for
contingencies and replacements and less .any expected income and any surplus from
the prior year's operation). Said "Common Expense Fund" shall be assessed to the
Owner as provided in Section 5 of this Article. Declarant will be liable for the
amount of any assessments against completed units owned by the Declarant;
however, there shall be no assessment on unimproved Lots owned by Deelarant. If
said sum estimated proves inadequate for any reason, including nonpayment of any
Owner's assessment, the Board of Directors may at any time levy a further
assessment, which shall be assessed to the Owner in like proportion unless
otherwise provided herein. Each Owner shall be obligated to pay assessments
made pursuant to this paragraph to the Board of Directors annually or in such other
reasonable manner as the Board of Directors shall designate.
(1)
The Common Expense Fund may also include such amounts as the
Board of Directors may deem proper for general working capital, for
a general operating reserve, for a reserve fund for replacements and
major maintenance and to make up for any deficit in the common
expenses for any prior year.
(2)
The omission by the Board of Directors before the expiration of any
year to fix the assessments hereunder, for that or the next year, shall
not be deemed 'a waiver or modification in any respect of the
provisions hereof or a release of the Owner from the obligation to pay
the assessments, or any installment thereof for that or any subsequent
year, but the assessment fixed for the preceding year shall continue
until a new assessment is fixed.
(3) The Board of Directors or its designee shall keep detailed, accurate
LARK 8= BRAD.SI":AW, RC,
/ÿTTO R/qÿ& AT LAW
92 NORTH LIEflERTY ST R ÿ',K'T
P,O, BOX7!
HARRIgONQURI3, VIRGINIA
2280:ÿ
LÿHONDA'tE VIIC ÿ)VF*N/tN'IMIVALON WOODS II r-J: C"l'lO N ON F. DOC,ÿ0- 1176:1ÿnJ00;€ÿ1
B2HOHP813
records in chronological order, for the receipts and expenditures
affecting the Common Area and any other expenses incurred.
Records and vouchers authorizing the payments involved shall be
available for examination by the Owner upon written request at
reasonably convenient hours.
Section 4, Special Assessments for Capital Improvements. In addition
to the annual assessments authorized above, the Association may levy in any
assessment year, a special assessment applicable to that year only, for the purpose
of defraying in whole or in part, the cost of any construction, or reconstruction, or
unexpected repair or replacement of a described capital improvement upon the
Common Area, including the necessary fixtures and personal property related
thereto, provided that any such assessment must be approved by two-tNrds of the
voting power. Voting for special assessments shall be in person or by proxy at a
meeting duly called for this purpose, pursuant to the normal notice required for
meeting as provided under the By-laws of the Association, ifn0ne is so provided or
under Virginia state law.
Section 5. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all improved Lots, and may be
collected on an annual, semi-annual, quarterly, or monthly basis as determined by
the Board of Directors. There shall be no assessment for unimproved Lots owned
by the Deelarant.
Section 6. Effect of Nonpayment of Assessments. Any assessments,
which are not paid when due, shall be delinquent. If the assessment is not paid
within thirty (3 0) days after the due date, the assessment shall bear interest fromthe
date of delinquency, up to the maxhnmn interest rate provided by law. The
Association may bring an action at law against tlie Owner personally obligated to
pay the same, or foreclose the lien against the lot(s) involved, and interest, costs,
and reasonable attorney's fees of any such action shall be added to the amount of
such assessment. An action at law to recover a money judgment for delinquent
assessments shall be maintainable without foreclosing or waiving the lien securing
same. No Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or abandonment ofkis Lot,
CLARN & BRAIDSHAW, RC.
AT'CORNEY6 AT LAW
12 NORTH LIBERTY ÿ'i'RItlÿl"
P,O, BOX71
H-I'RRIÿONBURÿ. VIRGINIA
2ÿ003
X:'ÿIÿJIONI)Aÿ VlCÿ VE }l.ÿrlÿVAl,o}l WooDs II ,ÿcllo}l o }IK D(r-Jÿ0. I 176:l:/;,gto:ÿ
B2qOqP61ff
Section 7 Lien for Payment of Assessments and Subordination of Lien
to First Mortgage. There shall be a continuing lien upon each of the individual
tots herein, in order to secure the payment of any of the assessments provided
under this Declaration. Such lien shall include interest costs and reasonable
attorney's fees incident to collection of the assessment. Such lien shall be at all
times subject and subordinate to any first mortgage or deed of trust, securing an
institutional lender, placed on the property at any time. However, at such time as
the Association places on record a notice of delinquency as to any particular Lot on
a form prescribed by the Board of Directors, then, from the time ofrecordation of
said notice the lien of such delinquency assessments in the amount stated in such
notice shall become a lien prior to any mortgages or deeds of trust placed of record
subsequent to the date of said notice, in the same manner as the lien of a docketed
judgment in the Commonwealth of Virginia.
A certificate executed and acknowledged by a majority of the Board of
Directors stating the indebtedness secured by the lien upon any Lot created
hereunder, shall be conclusive upon the Board of Directors, as to the amount of
such indebtedness on the date of the certificate, in favor of all persons who rely
thereon in good faith, and such certificate shall be furnished to any Owner or any
encumbrances or prospective encumbrances of a Lot upon request at a reasonable
fee. Unless the request for a certificate of indebtedness shall have been complied
with within fifteen (15) days, all unpaid assessments that become due prior to the
date of making such request shall be subordinate to the lien held by the person
making the request. Any encurnbrancer holding a lien on a Lot may pay any unpaid
assessments payable with respect to such Lot and upon such payment such
eneumbrancer shall have a lien on such Lot for the amounts paid of the same rank
as the lien of his encumbrance.
Upon payment of a delinquent assessment concerning which such a
certificate has been recorded, or other satisfaction thereof, the Board of Directors
shall cause to be recorded in the stone manner as the certificate of indebtedness a
further certificate stating the satisfaction and the release of the lien thereof.
The lien of the assessments provided for herein, whether or not notice has
CLARK ÿ BRAIÿ..qHAW, RC.
ATTÿ3RNEYS AT LAW
92 NORTH IÿIBIÿR'TY STÿJÿ
P, O. BOX 71
, HARRISO HBURG. VIRGINIA
a2ao3
X:k,ÿtlOIq D A'd VIC ÿ ÿ V ÿ1ÿ/th"lÿ Wÿ.ON WOODS |1 SECTION ONIÿ.IÿOC/00.1 ] l& I;PJ0.ÿ:¢ÿ,
B2HOHP615
been placed of 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 of similar nature.
ARTICLE VI
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall which is built
as a part of the original construction of the homes upon the Property and placed on
the dividing line between the Lots shall constitute a party wall, and, to the extent
not inconsistent with the provisions of this Article, the general rules of law
regarding the party walls and liability for property damage due to negligence or
willful acts or omissions shall apply thereto.
Section2. 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.
Secti.qn. 3. Destruction by Fire or Other Casualty. Ira party wallis
destroyed or damaged by fire or other casualty, an Owner who has used the wall
may restore it, and if the other Owner thereafter makes use of the wall, they shall
contribute to the cost of restoration thereof in proportion to such use, without
prejudice, however, to the fights of any such Owner regarding liability for negligent
or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision of this
Article, an Owner who by his/her negligent or willful act causes the party wall to be
exposed to the elements shall bear the whole cost of furnishing the necessary
protection against such elemeiats.
Section 5.. Right of Contribution Runs with Land. Therightof any
Owner to contribution from any other Owner under this Article shall be appurtenant
to the land and shall pass to such Owner's successors in title.
Secti0n6. Arbitration.
LARK & BR,ADSHAW, RC,
A"r'ronN Ky B AT LAW
9t NORTH LIBERTY .ST R Eff'ÿ
P,O. BOX 7t
HARRISONBURG, VlRÿINtA
228oa
In the event of any dispute arising
X;ÿ FION DAÿ VIC ÿVlÿ NidClVWALON WOODS II SECTION ON E,tXÿ200-1176:12PdO3:¢tl
B2ÿoÿP.ÿIÿ
concerning a party wall, or under the provisions of this Article, each party shall
choose one arbitrator, and such arbitrators shall choose one additional arbitrator.
ARTICLE VII
ARCHITECTURAL CONTROL
The Architectural Review Board.
Section 1. Composition. Until the Developer's rights cease, the
Architectural Review Board shall be composed of the Developer and its designees.
When the Developer's rights as Developer cease, the Architectural Review
Board shall consist of three or more persons who shall be appointed by the Board
of the Association.
Section 2. Powers and Duties, The Architectural Review Board shall
regulate the external design, appearance, and location of improvements located on
the Properties in such a manner so as to preserve and enhance values and to
maintain a harmonious relationship among structures and the natural vegetation and
topography. In furtherance thereof, the Architectural Review Boards shall:
(1) Review and approve, modify, or disapprove written applications of
Owners and of the Association for improvements or additions to Lots, Units, or
Common Areas. Notice of any disapprovals of applications shall be by Registered
Notice. Approvals shall be sent by regular mail.
(2) Monitor Lots for compliance with architectural standards and
approved plans for alteration m accordance with the Bylaws and all Resolutions of
the Board of the Association.
(3) Adopt architectural standards subject to the confirmation of the Board
of the Association; and
{
d
3LÿRK & BRADS}-[AW, RC.
i ATTORNEYS AT LAW
g2 NORTH LIBERTy STREET
P,O, BOX7 I
I'fARR{9ONBURÿ, VIRGINIA
22BOÿ
(4) Adopt procedures for the exercise of its duties.
X.ÿPJ4 ON O A ÿ VICIÿlÿ V IÿN h N'P,A V/d,ON WI)OI),ÿ l| 8ÿON ORK I)Or-.'ÿ- I I ÿ:1ÿ,ÿ1
2qOÿP617
Section 3. Failure to Act. In the event the Architectural Review Board
fails to approve, modify, or disapprove, in writing, a correctly filed application
within forty-five (45) days, approval will be deemed granted. Notification of total
or partial disapproval shall include the reasons for such disapproval. Failure of the
Architectural Review Board or the Board of the Association to enforce the
architectural standards or to notify an Owner of noncompliance with architectural
standards or approved plans for any period of time shallnot constitute a waiver by
the Architectural Review Board or the Board of the Association of the enforcement
of this Declaration at any later date.
ARTICLE VIII
EXTERIOR MAINTENANCE
Owners shall be responsible for the maintenance of their Units and
their lots, including but not limited to lawn care and maintenance. However, in the
event an Owner of any Lot shall fail to maintain the premises and the improvements
situated thereon in a manner satisfactory to the Board of Directors of the
Association, aider approval by two-thirds (2/3) decision of the Board of Directors,
the Association shall have the right, through its agents and employees to enter upon
said parcel and repair, maintain, and restore the Lot and the exterior of the
buildings and any other improvements erected thereon. The cost of such exterior
maintenance shall be added to and become part of the annual assessment to which
such Lot is subject, and the expense of such exterior maintenance shaU become a
lien upon the subject property. It is a condition of these covenants that the
Association, is and shall be, ,deemed general contractor for the purpose of
qualifying to file a mechanic's lien, and every lot owner so in default, by the
acceptance of his deed, and those claiming lien, and every lot owner so in default,
by the acceptance of his deed,, and those claiming under him, hereby agrees to pay
such expense, and grants permission to the Association, to enter upon suchLot and
make such exterior maintenance without being guilty of trespass, and said
Association, its agents and employees, shall not be liable in damages to any lot
owner except for willful and tortious acts colrmaitted beyond the scope hereof.
Any assessments under this paragraph and the preceding paragraph hereof, shall
constitute liens and shall be subject to the provisions of Section 55-516 oft.he Code
of Virginia, as amended.
CLARK ÿ, BRAOSHAW. RC.
A'i-FORNEYÿ AT LAÿV
2 NORTH ÿ.IÿI,ERTY ÿ-rREÿ"
P.O. BOX7 I
H.ÿRRISONBURG. VIRQIH3A
2280.3
X:sJÿJÿ ON DAÿ VIC Kÿ VgN AN'TÿAVALON WOODÿ ]1 $£CTION O/41ÿ,DOC/00-11 "/6: I lPJ0,1:ÿ[I
2HI]HP818
During the period of Declarant Control, Deolarant reserves the fight to enter
upon Lots, whose appearance is unacceptable to Declarant, and mow the lawn of
said Lots. The cost of this mowing shall be the responsibility of the Lot Owner.
ARTICLE IX
USE RESTRICTION
Seeti0n 1., Limitation on Use of Lots and Common Area. The Lots
and Common Area shall be occupied and used as follows:
(1)
All Lots shall be used for single-family residential purposes oÿy, No
more than two unrelated people can inhabit a Unit.
(2)
No Owner shall occupy or Use his Lot, or permit the same or any part
thereof to be occupied or used, for any purpose other than as a
residence for the Owner and the Owner's family or the Owner's
lessees or guests.
(3) There shall be no obstruction of the Common Area. Nothing shallbe
stored in the Common Area without the prior written consent of the
Association.
(4)
Nothing shall be done or kept in any Lot or inthe Common Area that
will increase the rate of insurance on the Common Area, without the
prior written consent of the Board of Directors. No Owner shall
permit anytlung to be done or kept in his Lot or in the Common Area
which will result in the cancellation of insurance on any Lot or any
part of the Common Area, or which Would be in violation of the law.
No waste will be colmnitted in the Common Area,
(5) No sign of any kind shall be displayed to the public view on or from
any Lot or the Common Area, without the prior written consent of the
Association.
CLARK R. BNADSHAW, RC.
A'm'OfÿNÿ-¢S A T I.A W
92 NORTH LIBE;RTY STREET
P.O.ÿOXTI
HARRlaONÿURO, ÿ/tR<31NI.=.
221ÿ03
X:ÿHON DAÿ V[C k'ÿ VE NANIÿVAJ.ON WOODS II SECTION O/ÿDOC/@- ! 176:1ÿ€t"
IIIlllllllllll
2HOHPBIB
(6)
No animals, livestock or poultry of any kind shall be raised, bred, or
kept in any Lot or in the Common Area; except that dogs, cats, or
other commonly accepted household pets may be kept on a Lot, for
non-commercial purposes, subject to rules and regulations adopted by
the Board of Directors.
(7)
No noxious or offensive activity shall be carried on in any Lot or in
the Common Area, nor shall anything be done therein which may be
or become an annoyance or nuisance to the other Owners. No use
shall be permitted or maintained on any Lot or Common Area which
produces or contributes to noise, that because of excessive or unusual
volume, duration, intermittence, time of day, beat, frequency, or pitch
is objectionable to Owners of other Lots in Avalon Woods. The
Association Board of Directors shall pass appropriate resolutions for
the enforcement of this use restriction, which may include, but is not
limited to an additional assessment to be levied against the Owner
responsible for the violation. Such assessments, together with any
interest thereon and costs of coUection thereof, including reasonable
attorney's fees, shall be a charge on the land and shall be a continuing
lien upon the property against which each such assessment is made
and subject to prior liens upon the property. Each such assessment,
together with such interest costs, and reasonable attorney's fees shall
also be the personal obligation of the person who was the Owner of
such property at the time when the assessment fell due.
(8)
Nothing shall be altered or constructed in, or removed from, the
Common Area, except upon the written consent of the Association.
(9)
There shall be no violation of rules for the use of the Common Area
and Lots adopted by the Board of Directors and furnished in writing
to the Owners, and the Board of Directors is authorized to adopt such
rules.
(10)
:LARK ÿ BRADSHAW, RC,
ATTORNEVS AT LAW
g;ÿ fqOfÿH MBEW[Y STREIÿT
P,O. BOX71
HARRÿ9ONÿURO, VIROINIA
22803
Nothing in this Declaration shall be construed to deny the right hereby
reserved to the Declarant for a period of one year following the
X:ÿP.H ON D AÿE Vt CIÿ VE}La.N']ÿA VALON WOODS II SEbÿqON ONK [XÿJ00-1 ITgÿIlP30I¢1ÿ
B2q0qPÿ20
recordation of this Declaration to maintain sales offices anywhere on
the Common Area or on any Lot of which the Dedarant is the Owner.
(11)
Declarant shall initially allocate to Owner two parking spaces for each
unit. The Association shall be responsible for allocating two parking
lots to the Owner of each Unit after the period of Declarant Control
ceases. No unit shall occupy more than two parking spaces except
for "temporary guests." Temporary guests shall mean less than two
nights per month
(12)
No motorized vehicles of any kind shall be permitted upon any areas
within said subdivision except for the streets and parking areas
constructed by Declarant. No right of velaicular access shall exist
across any Lot in said subdivision except for those areas upon which
streets or parking areas have been constructed by Deelarant.
(13)
There shall be no fencing or hedges in the front of any of the
townlaouse units, and all fencing to the rear of the townhouse units
shall be attached to the individual unit and be of one-inch by sixinch pressure-la'eated lumber on both sides of a board-on-board
fence not higher than six feet, mounted to the property wall and to
extend no more than twelve feet from the party wall. No fence
shall be constructed until the Architectural Review Board and
Board of Directors of the Association shall have approved the
same.
(14)
Each Owner shall keep all Lots owned by him and all improvements
therein or thereon in good order and repair and free of debris,
including, but n& limited to, the seeding, watering and mowing ofaU
lawns, the pnming and cutting of all trees and slu'ubbery, and the
painting (or other appropriate external care) of all buildings and other
improvements, all in a manner and with such frequency as is
consistent with good property management. In the event an Owner of
any Lot shall fail to maintain the premises and the improvements
situated thereon as provided herein, the Association, after notice to
LARK & BRADSHAW, RC,
AT"r O R NEYÿI AT LAW
92 NO RÿFÿ LIBER'nÿ ÿ,TR E ET
P. 0, 'BOX 7 I
HARRISIONBURG, VIRGINI&
22BOÿ
X.'ÿ.IÿNIOÿ.ÿ V] C ÿV ENANTÿVAbON WOOD $ II SECTION ONB.DOCiO0-I 1q6;12,ÿ/0.t:ÿ1
@2HOHPB2ÿ
the Owner as provided in the Bylaws and approval by two-thirds (2/3)
vote of the Board of Directors, shall have the right to enter upon said
Lot to correct drainage and to repair, maintain and restore theLot and
the exterior of the building erected thereon. All costs related to such
correction, repair or restoration shall become a special assessment
upon such Lot.
(14)
No baby carriages, bicycles or other articles of personal property shall
be deposited, allowed or permitted to remain outside of any
townhome except on the rear patio. The Association shall specifically
have authority to impound all such articles to remain outside in
violation of this provision and to make a charge for the safekeeping
and return thereof.
(15)
No building, structure, addition or exterior alteration (including
basketball backboards, rhns and nets) or improvements of any
character shall be constructed upon any Lot or dwelling located
thereon, except as exterior painting is permitted by the prior
paragraph, unless the plan of construction, including quality of
workmanship, design, colors and materials, shall have been
approved in writing by the Owners Association as being in
harmony with the whole subdivision, especially the adjoining
townhouse unit.
(16)
No boats, mobile homes, motor homes, campers, buses, trailers of
any type, tractors, trucks or any other motor vehicle, other than
automobiles, motorcycles, pickup trucks or vans shall be permitted
on any Lot, except during the course of construction. No motor
vehicle or materÿal portion thereof that does not have a current
license or current Virginia inspection sticker shall be permitted on
any Lot.
Section 2,, Entry for Repairs. The Association or Declarant or their
agents may enter any Lot or residence thereon when necessary in connection with
any maintenance, landscaping or construction for which the Association or
CLARK & BRADSHAW. P,C.
/ÿTFORNkÿY5 AT 1.ÿ'
g= NORTH LIBERTY =STR EIFr
g.O. BOX?I
HARIÿONBURÿ, VIMGINIA
X:kP.H O N DA£EV] O WÿOVENJLN'[VÿVAIÿ N WOODS 11 sECHON QN E.DOC/Cÿ1176:|ÿf"
B2HOHP622
Declarant is responsible. Such entry shall be made at reasonable hours and with, as
tittle inconvenience to the Owner as practicable, and the Association or Declarant
out of the Common Expense Fund shall repair any damage caused thereby.
ARTICLE X
INSURANCE
The Board of Directors shall have the fight to purchase insurance for all Lots
and residences thereon or for a limited group of owners which decide to participate
in type, amount, and coverage policies, whether purchased by the Association or
individual Owners, shall be paid for by the individual Owners, either directly to the
Association, as the Board of Directors may designate, on a pro-rata basis. The
premium for said insurance, ffunpaid, shall become a lien upon the individual Lot
in the same manner as provided for the annual and special assessments. Should an
individual Owner request more than the minimum coverage required by the Board
of Dkectors, then the Board of Directors, if purchasing insurance, shall order this
additional coverage for the individual Owner to be paid for by him at the time of
purchase.
ARTICLE XI
GENERAL PROVISIONS
Section 1, Enforcement. The Association or any Owner shall have the
right to enforce, by any proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration or the By-laws or rules and regulations of the
Association. Failure by the Association or by an Owner to enforce any covenant or
restriction therein contained sfiall in no event be deemed a waiver of the right to do
so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no wise affect any other provisions,
which shall remain in full force and effect.
CLARK & PlRADSHAW, RC,
A"CrOrlNEys AT LAW
92 P,IO 1ÿ U BEIIFiÿ 3'I*RIÿ ÿw.r
P.O. EIOX7 |
HJdÿRISÿNBURG. VEROINLA
22SOS
X,ÿRHON DAÿVIC ÿ.zÿVIÿ HAMP.A VALON ÿqOODÿ] II SBCTION ON E.DOCJO0.1176e 12/ÿ0k¢,ÿ
B2NONPG23
Section3, Duration. The covenants, conditions, reservations and
restrictions of this Declaration shall run with and bind the land, and shall inure to
the benefit of, and be enforceable by, the Association, the Declarant, or the Owner
of any Lot subject to this Declaration. their respective legal representatives, heirs,
devisees, successors, and assigns, for a term of twenty (20) years from the date this
Declaration is recorded, after which time said covenants shall be automatically
extended for successive periods.
Section 4. Amendment. For a period ofthree (3) years after the recording
of this Declaration, the Developer may make any amendment unilaterally which is
required by the Federal Mortgage Agencies or the City of Harrisonburg or
Roekingham County, Virginia, as a condition of approval of the documents by the
execution and recordation of such amendment following registered notice to all
Owners. After such three (3) year period, or to make any amendment which is not
one required by such agencies, any amendment shall be accompanied by a
document signed by such agencies, any mnendment shall be accompanied by a
document signed by not less than sixty-seven percent (67%) of the Class A
Members and the Deelarant. Any amenchnent must be recorded in the land records
of Rockingham County, Virginia in order to become effective.
Section, 5, Interpretation. All the terms and words usedin the Declaration,
regardless of the number and gender in which they were used, shall be deemed and
construed to include any other number (singular or plural), and any other gender
(masculine, feminine or neuter), as the context or sense of this Declaration or any
paragraph or clause hereof may require, the same as ffsueh words had been fully
and properly written in the number and gender.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
caused this instnmaent to be signed this ÿ day ofÿ 200ÿ_...
CLARK & BRADSHAW, P,C.
P.TTOR NEY.S AT LAW
eZ NORTH LIBERTY ÿ'RE Er
P. O. box 11
HARRIÿONBURG. VIRGINIh,
22BO3
25
B2HOHPG2ÿ
HARRISONBURG TOWNHOMES, L.L.C., a
Virginia limited liability company
DAVID GILMER FRACKELTON, Manager
ROCKINGHAM HERITAGE BANK,
Noteholder
By:
ÿ]ÿ ÿ.ÿ lÿSÿl)
STEVEN ÿ. GORDON, iÿceÿsident
(Seal)
TEIÿ-IEN T. HÿTZ, Trustee
COMMONWEALTH OF VIRGINIA,
CITY OF HARRISONBURG to-wit:
The foregoing instrument was acknowledged before me in the aforesaid
jurisdiction this ÿ day of ÿ 200_ÿ, by DAVID GILMER
FRACKELTON, Manager ofHarrisonburg Townhomes, L.L.C., a Virginia limited
liability company, on behalf of the company.
My commission expires: U)!ÿO [g-ÿ
CLARK & BRA.DSHAW. RC.
A'I'lrORNÿ"YS AT LAW
02 NORTH kllÿ El:rlÿ ÿTR£E'T
P.O, BOXTI
HARRIBCNÿIURO. VIROINIA
;Z2803
26
B2ÿOÿP62S
STATE OF VIRGINIA AT LARGE ÿ,
CITYÿ OF ÿ2h,(ÿ"ÿ'Yh t k_ÿ), to-wit:
(,-)
!
day of
'k Tlÿe foregoing instrument was acknowledged
befiore me this.
2003, by Steven H. Gordon, Vice President of Roÿkingham
Heritage Bank,
Public
My commission expires: \ÿ ÿ 0"-]
STATE OF VIRGINIA AT LARGE
%
CÿÿOF ÿ%ÿÿÿ)ÿ, to-wit:
.
,
..ÿ.:ÿqÿe foregoing instrument was acknÿedged before me this ÿ day of
, 2003, by Stephen TmHeitz, Trustee;.... .
2- ÿ
ÿ ÿ
Notary Public ÿ
i.ÿGlt'llA: In ÿ (;;ÿ,ÿidÿ i31l{co ol ;ÿ.o 6'ifct, lt CoÿJÿt oi ÿ(ÿdÿ1[,ÿ/18ÿÿ40ourÿty
o foregoing instmmont was this day presented trÿ 1,he offk;e afgreÿaitl, and is
gÿUÿer wÿ ÿe cediflcate of acknovÿed.ÿement annÿed, admitted ÿ reÿerd ÿis
"I, day ol
'ÿ'.."
,20 ÿ at ÿd,,1. I w, rttfy ÿat
lxes ÿre paid ÿ,lÿen app/ÿabie:
ee. 58-54 - Slate ÿ Ceunty ÿ City
ec. 58-ÿ.1 - Slate ÿ County ÿ City ÿ Trÿnsfÿrÿ
:tec0rding ,3:3.°° Copies ÿ,ÿ TESTE
L WAYNE I./ÿBPÿ
CLARN & BRADSHAW, RC.
ATTORNEY-,=j ATLAW
02 NORTH LIBERTY ÿTREET
P,O. 80X 71
HAÿRI$OHBUIÿO, VIROINI&
;Z2ÿ03
CLF..B ÿ
)eed Book No ÿ"I',:>ÿ-- Paÿe
27
4,,c,,. so
B2q63P708
DECLARAÿON OF PROTECTIVE COVENANTS
AND CONDITIONS OF
AVALON WOODS II, SECTION TWO
CITY OF HARRISONBURG, VIRGINIA
This Declaration of Protective Covenants ("Declaration") is made this
8th day of April, 2004, by HARRISONBURG TOWNHOMES, L.L.C., a
Virginia limited liability company, hereinafter "Declarant,"
WITNESSETH
WHEREAS, Declarant is the owner of certain property in the City of
Harrisonburg, Virginia, which consists of twenty-five (25) lots, with common
areas, being developed as Avalon Woods II, Section Two and being more
particularly described on a plat prepared by Barry E. Lotts, Land Surveyor,
entitled "Final Plat of Avalon Woods II, Section Two, dated December 30,
2003, and revised February 10, 2004, which plat is to recorded.immediately
prior hereto; and
WHEREAS, Lots 48 through 72, inclusive, as shown on the aforesaid
plat, are to be sold subject to the Declaration of Protective Covenants and
Conditions of Avalon Woods II, Section One dated December 4, 2003,
recorded in the Clerk's Office of the Circuit Court of Rockingham County,
Virginia, in Deed Book 2404, at Page 599, in order to insure purchasers of said
lots a uniform mode of development; and
WHEREAS, Rockingham Heritage Bank has a lien on the property that
is subject to this Declaration. Rockingham Heritage and its Trustee join in the
Declaration to evidence their consent; and
NOW, THEREFORE, Declarant covenants and agrees for itself, its
successors and assigns that Lots 48 through 72, inclusive, as shown on the plat
of Avalon Woods ;I, Section Two shall be sold and held by the purchasers
thereof, their heirs, successors, devisees, and assigns, subject to the
L3E/MBC:¢I#J
Drafted by:
;LARK e BRADSHAW, RC,
A'I'TORHÿYS AT LAW
92 HOR"H LIBERT'ÿ 5THÿ£'ÿ
P.O. BOX 7 I
H ,lIRfllS OtÿBURC;, VIROIN[A
2B03
lg'04
Declaration of Protective Covenants and Conditions of Avalon Woods II,
B2£63PT09
Section One recorded in the aforesaid Clerk's Office in Deed Book 2404, at
Page 599 and also to the easement contained herein and all easements as
shown on the aforesaid Plat which is recorded immediately prior hereto.
Declarant hereby conveys to the Owners of Lots in Avalon Woods
Section One, Two, and Three, Avalon Woods II Sections One and Two, and all
additional land identified within the Development Limits which becomes part
of this development, their heirs successors and assigns, and to the Avalon
Woods Owners Association, Inc., and to the Avalon Woods II Owners
Association, Inc., an easement for ingress and egress over and across all Lots
and Common Areas in Avalon Woods II, Section Two over which passes the
Private Access Easement, as shown the on the plat entitled "Final Plat of
Avalon Woods I1, Section Two," prepared by Barry E. Lotts, L.S. dated
December 30, 2003, revised February 10, 2004, and recorded in the aforesaid
Clerk's Office immediately prior hereto.
Invalidation of any of the provisions of this instrument by judgment or
Court Order shall in no way affect any of the other provisions and shall remain
in full force and effect.
IN WITNESS WI-IEREOF, Harrisonburg Townhomes, L.L.C.,
Rockingham Heritage Bank and its Trustee have caused this deed to be signed
in their names and on their behalf as thereunto duly authorized.
aP,.ISONBUI G TOWN OMES, LLC., a
Virginÿlimited liabiliÿ, com)?y
ROCK1NGHAM HERITAGE BANK, Noteholder
By: Qÿÿÿ4"ÿ'-
(Seal)
STEVEN I-[ GORDON, Executive Vice President
LARK & EIRADSHAW, RC
ATTORN Eÿ'ÿ AT LAW
g;l NORTH L.tB[:ff]'y s'rREÿI"
P.O. aOX 7ÿ
tARÿISONBUR& VIÿ01NIA
B2N63P?lO
f ,
STEPHgN T. HEITZ, Soleÿcting Trustee
CITY OF HARRISONBURG, to-wit:
The foregoing instrument was acknowledged before me in the
jurisdiction aforesaid this ÿ day of April, 2004, by DAVID GILMER
FRACKELTON, Manager of Harrisonburg Townhomes, L.L.C,, a Virginia
limited liability company on behalf of the company.
My Commission Expires:
NOTARY PUBLIC
Subscribed, sworn to, and acknowledged before me by STEVEN H.
GORDON, Executive Vice President, of Rockingham Heritage Bank,
¢"N
Noteholder, thisÿ__._ day of April, 2004.
My Commission Exl:"
NOTARY PUBLIC
3LARK & EIRA[)£;HAW. P,C,
^'rTORNÿ't S AT LAW
92 NORTH LIBERTÿ 5TRÿhÿ
P O. AOX ÿt
HARRIÿONÿUR(/. VIRGINt^
22003
B2q63P711
CITY OF HARÿSONBURG, to-wit:
Subscribed, sworn to, and acknowledged before me by STEPHEN T.
HEITZ, TRUSTEE, this ÿ day of April, 2004.
My Commission Expires: ÿk¢ÿ,(ÿ)ÿ
.
ÿ'ÿ
NOTARY PuBLrd
Z; -4
i
' --Jr,:..
Vi,ÿGÿlA Iÿ lÿe Clod('s Offi,;,e of Uÿe Circ;JLt Court Of IRockilÿm Oounty
1"he toregÿng Ins.',umdÿ waÿ ÿ!s dsy' !:reserved in tÿe office alores.ÿId, and 18
logeÿer wilfÿ the cer ti!]caÿe ÿ zck;ÿow/ÿdgemÿot annexeÿ, admÿed to record ÿ
Oÿy oI.ÿÿ, 20..O_q.. at .ÿM. I ceÿ that
lÿe£ iverÿ.ÿ paid whÿ,a ÿnÿlicabte:
..
;" t't*Ltl
Sec. 58-54 - 8f.,ÿte ...... Coÿn!$,ÿ Oilÿ!
8eo.5ÿ.5ÿ 1 - "
,
.-ÿ-Simo ...... CoÿJnÿy ÿ Ol,',t ÿ Transler,._.___.
Recordin!;, ÿ Copies ÿ TESTtÿ
L WAYNE ÿARPEIR
LÿK
0cod Book No
CLARK e BRADÿHAW. RC.
ATTORNEYS AT LAW
' NORTH LIBERTY-ÿTR EEl1ÿ
P O, Iÿ,OK 71
HARRtSONBURO. VIÿNI^
2003
.4? 4-ÿ ÿ _ Paÿe ...o],..ÿ.
ÿ ÿo
"x,-
Bÿ5?OP302
DECLARATION OF PROTECTIVE COVENANTS AND CONDITIONS
OF
AVALON WOODS H, SECTION THREE
CITY OF HARRISONBURG, VIRGINIA
This Declaration of Protective Covenants ("Declaration") is made this 19th
day of October, 2004, by HARRISONBURG TOWNHOMES, L.L.C., a Virginia
limited liability company, hereinafter "Declarant,"
WITNESSETH
WHEREAS, Declarant is the owner of certain property in the City of
Harrisonburg, Virginia, which consists of fourteen (14) lots, being developed as
Avalon Woods I1, Section Three and being more particularly described on a plat
prepared by Barry E. Lotts, Land Surveyor, entitled "Final Plat of Avalon Woods
I1, Section Three, dated August 16, 2004, which said plat is to be recorded
immediately prior hereto; and
WHEREAS, Lots 73 through 86, inclusive, as shown on the aforesaid plat,
are to be sold subject to the Declaration of Protective Covenants and Conditions
of Avalon Woods II, Section One dated December 4, 2003, recorded in the
Clerk's Office of the Circuit Court of Rockingharn County, Virginia, in Deed
Book 2404, at Page 599, in order to insure purchasers of said lots a uniform mode
of development; and
WHEREAS, Rockingharn Heritage Bank has a lien on the property that is
subject to this Declaration, Rockingham Heritage and its Trustee join in the
Declaration to evidence their consent; and
NOW, THEREFORE, Declarant covenants and agrees for itself, its
successors and assigns that Lots 73 through 86, inclusive, as shown on the plat of
Avalon Woods II, Section Three shall be sold and held by the purchasers thereof,
their heirs, successors, devisees, and assigns, subject to the Declaration of
Map No. 84 C t8
MBC/LSE:dm
Drafted by:
)t.ARK 6= BRADSHAW, RC
ATTOR NIJTf..ÿ• AT LAW
9Z HORTH LIBER3N ÿ'REET
P,ÿ.BOX7 I
HARRISON'BURG, VIRGINI^
2;zaÿ
t0/IPA;'¢
#04.1147
Protective Covenants and Conditions of Avalon Woods H, Section One
recorded in the aforesaid Clerk's Office in Deed Book 2404, at Page 599 and
also to the easement contained herein and all easements as shown on the aforesaid
Plat which is recorded immediately prior hereto.
82570P303
Declarant hereby conveys to the Owners of Lots in Avalon Woods Section
One, Two, and Three, Avalon Woods II Sections One and Two, and all additional
land identified within the Development Limits which becomes part of this
development, their heirs successors and assigns, and to the Avalon Woods Owners
Association, Inc., and to the Avalon Woods II Owners Association, Inc., an
easement for ingress and egress over and across all Lots and Common Areas in
Avalon Woods II, Section Three over which passes the Private Access Easement,
as shown the on the plat entitled "Final Plat of Avalon Woods II, Section Three,"
prepared by Barry E. Lotts, L.S. dated August 16, 2004, and recorded in the
aforesaid Clerk's Office immediately prior hereto.
Invalidation of any of the provisions of this instrument by judgment or
Court Order shall in no way affect any of the other provisions and shall remain in
full force and effect.
IN WITNESS WHEREOF, Harrisonburg Townhomes, L.L.C.,
Rockingham Heritage Bank and its Trustee have caused this deed to be signed in
their names and on their behalf as thereunto duly authorized.
HARRISONBURG TOWNHOMES, L.L.C., a
Virginiÿimited liabilÿmpany
(Seal)
ROCKINGHAM HERITAGE BANK, Noteholder
By:
ÿÿ
(Seal)
STEVEN H. GORDON, Executive Vice President
S:I'tÿPI-ÿEN T. H'EITZ, Sol,)Xcting Trustee '
:LARK & BRADSHAW, RC.
/ÿTTOÿ EYS hT LAW
2 HORTH LIBER'Pt STREET
P.O. BOX 7ÿ
HARRIÿONSURO. VIRGI NIA
228O3
B25?OP30H
The foregoing instrument was acknowledged before me in the jurisdiction
aforesaid this ..ÿ day of October, 2004, by DAVID GILMER FRACKELTON,
Manager of Harrisonburg Townhomes, L.L.C., a Virginia limited liability
company on behalf of the company.
My Commission Expires: ÿ. ,----x
"ÿ
NOTARY PUBLIC
Subscribed, swom to, and acknowledged before me by STEVEN H.
GORDON, Executive Vice President, of Rockingham Heritage Bank, Noteholder,
this eÿ0% of October, 2004.
My Commission Expires: to7/3//°g/
:LJÿ,RIÿ & BRAOÿ,HAW, RC.
ATTORNL=Yÿ AT LAW
2 I',IORTH LIBERTY £tTREL='lr
P.D, BOÿ(71
HARRÿSONÿURG, VIRGINIA
;t280:ÿ
B25?OP305
CITY OF HARRISON-BURG, to-wit:
Subscribed, sworn to, and acknowledged before me by STEPHEN T.
HEITZ, TRUSTEE, tlaisÿtÿaÿ day of October, 2004.
My Commission Expires: /o/ÿ///Oÿ'
oJ
¢"2+
+i+I
._J
++
:rÿ
_ : ::..
. ,:" .:
;.': ÿ:;
1+,
E
..J
VÿRGtI'Iÿ,: In tÿe Work's Oflicÿ ot the Oimmit Ooud ot Rookinglmm County
3
13
,,-j
+0 lemÿ;oÿ;g ]nstpJmcnt wÿs this day presented ifl the office almssaid, and 1$
totÿ (aÿet witJi llte cer'ÿcate
ackli0ÿ'$.ed gÿt)f
m[.ÿlann
admitlod
ÿxÿ d, to rammÿ ÿB
dayof Or'.4- ., 20__ at ÿP,+, I comfy ÿat
tams were paid when applicable:
Sÿ, 5ÿ+54 - Stem__ County__ Cÿ/__
+i
See+ 58-54,1 - State __ C0_unty__ City __ Transfer......,
Recording ÿ Cÿtÿe. ÿ ÿ ' ÿS'[E
L WAYNE HARPER
CLEI1K
OeedSookÿ 2S ÿ/0
:LARK 8, BRADSHAW+ Re,
AT'tORN EYS AT LAW
92 NORTH LIBERTY STREET
P O. BOX 71
HARRISOHBURG+ VIROINIA
22803
4
Page 3o.._ÿ
2.& o9
Recorded On-2009-Nov-24 As-37047
ROCKINGHAM COUNTY
Chaz W. Evans-Haywood
CLERK OF COURT
I I H Il l ilJrlJI I l l l lIFl l I J I JUlJ
Harrisonburg, VA 22801
60 2009 00037047
Instrument Number: 2009- 00037047
As
Recorded On: November 24, 2009
Amendment
Parties: AVALON WOODS II OWNERS ASSN INC
To
NO GRANTEE
Recorded By: COLDWELL BANKER FUNKHOUSER
Num Of Pages:
Comment:
** Examined and Charged as Follows: **
Amendment
Recording Charge;
6.50
10 or Fewer Pages
14.50
21,00
** THIS PAGE IS PART OF THE INSTRUMENT **
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: ROCKINGHAM COUNTY, VA
Record and Return To:
File Information:
Document Number:
Receipt Number:
Recorded Date/Time:
COLDWELL BANKER FUNKHOUSER
P O BOX 1426
November 24, 2009 01:45:56P HARRISONBURG VA 22801
2009- 00037047
156011
Book-Vol/Pg: Bk-OR VI-3626 Pg-792
Cashier / Station: A Wolverton / Cash Station 3
THE STATE OF VIRGINIA}
,.i ÿ?,'o'ÿ .... ÿ lv,.ÿ ....
COUNTY OF ROCKINGHAM}
I ceriXy thaA the docÿmÿnl to which tNs autÿcÿon b afTÿed iÿ II IlUO
COPy of a record In tÿe Rocldngham County CÿCUll Court Clerk's Ofÿcÿ
and that I am the 0uÿodÿ 0f that record,
CLERK OF COURT
ROCKINGHAM COUNTY, VIRGINIA
4
7.
AMENDMENT TO THE DECLARATION OF COVENANTSÿ CONDITIONS,
RESERVATIONS AND RESTRICTIONS FOR AVALON WOODS IIÿ SECTION ONE
THIS AMENDMENT, made by Avalon Woods II Owners Association, Inc., a Virginia
corporation, (the "Association"), located in Harrisonburg, Virginia, amends the Declaration of
Covenants, Conditions, Reservations and Restrictions for Avalon Woods II, Section One (the
"Declaration"), dated December 4, 2003 and recorded on December 9, 2003 in the Clerks Office
of the Circuit Court of Rockingham County, Virginia, in Deed Book 2404 Page 599, and applied
to Avalon Woods II, Section Two by Declaration dated October 20, 2004, and recorded on
October 26, 2004, in the Clerk's Office of the Circuit Court of Rockingham County, Virginia, in
Deed Book 2570, Page 302.
WITNESSETH:
WHEREAS, Article XI, Section 4 of the Declaration provides that the Declaration may
be amended and any such amendment shall be accompanied by a document signed by not less
than sixty-seven (67%) of the Class A Members and the Declarant, Harrisonburg Townhomes,
L.L.C.;
WHEREAS, the rights and obligations of the Declarant have ceased in accordance with
the Declaration;
WHEREAS, at least sixty-seven (67%) of the Class A Members have agreed to amend
the Declaration;
NOW THEREFORE, the Declaration is amended as follows:
The headings of the Declaration Articles are amended to read:
ARTICLE t-ÿ V____II-EASEMENTS
ARTICLE ¥ VI_._!I-COVENANTS FOR MAINTENANCE ASSESSMENTS
ARTICLE ÿ VIIi.PARTY WALLS
ARTICLE VII I__X_X-ARCHITECTURAL CONTROL
ARTICLE VIII X-EXTERIOR MAINTENANCE
ARTICLE tqg XI--USE RESTRICTION
ARTICLE ÿ XI_II-INSURANCE
ARTICLE X-t XIII-GENERAL PROVISIONS
Witness the following signatures and seals,
Avalon Woods II Owners Association, Inc., a
Virginia corporation
By'. ,ÿJ ÿ'ÿ,ÿ-ÿ:ÿ,ÿ
(SEAL)
Its..
COMMONWEALTH .OF VIRGINIA
CITY/COUNTY OF ÿlMlÿkÿd'0ÿ , to wit:
The foregoing instrument ,was acknowledged before me in the jurisdiction aforesaid this
qÿtÿdayofMarch, 2009, by ÿ/\(2Kka,- ÿ'XFÿ.-\ÿ ,whois ÿiÿSÿ(ÿlÿt
of
n Woods II Owners Association, ÿnc., a V0ginia corporation, on behalf of the corporation.
My commission expires ÿ'ÿ]1"ÿ ÿ\, ÿt0ÿ
Registration number q eÿ\ 0 9o ÿ\
NOTARY PUBLIC
|
|
]
AMISHA L, PIERCE
NOTARY PUBLIC
REGISTRATION # 721031 I
l COMMONWEALTH OF VIRG,,,,'h..
| MY COMMISSION EXPIRE'
|,, ,
MARCH31,2012
CERTIFICATION
Pursuant to section 55-515. I of the Code of Virginia and XI, Section 4 of the Declaration
of Covenants, Conditions, Reservations and Restrictions for Avalon Woods II, Section One, I,
'ÿ/ic-ÿ ÿPtÿaÿ.,,.\cl , ÿro.sÿ,+.ÿ.-ÿ
, of the Avalon Woods II Owners Association, Inc., a
Virginia coÿoration, hereby certify that at least sixty-seven (67%) of the Class A Members have
consented to the adoption of this Amendment.
Date: tÿ [ aÿ/eÿÿ
By: 7)ÿj 4"-:[email protected]
'ÿ
ÿ'ÿ
,
(SEAL)
'
COMMONWEALTH .OF yIRGINIA
CITY/COUNTY OF ÿ0-tIÿ21"h't3M'ÿ , to wit:
The foregoing instrument was acknowledgedbefore me in the jurisdiction aforesaid this
tqL[ÿ day of March, 2009, by ÿi (LILt&: I'1300tK3ÿ , who is ÿ)ÿ'#3.ÿ}
of
n Woods II Owners Association, ÿc', a virginia corporation, on behalf of the corporation.
My commission expires l"ÿ(ÿC.ÿ 31, ÿ(3t 0
Registration number h ÿ.\ ÿ,1
NOTARY PUBLIC
09002121
AMISHA L, PIERCE
NOTARY PUBLIC
REGISTRATION # 7210311
COMMONWEALTH OF VIRGINI:,
MY COMMISSION EXPIRES
MARCH31,2012
__ --- __ __ __ ÿ" 2- 2- ;..ÿ-2----E2= .,Jm,ÿrÿu,.2ÿ' *ÿ
ROCKINGHAM COUNTY
CLERK OF COURT
6O200900037049
As
Amendment
To
NO GRANTEE
Num Of Pages:
Comment:
Amendment
6,50
Recording Charge:
10 or Fewer Pages
14.50
21.00
File Information:
Document Number: 2009- 00037049
Record and Return To'.
P O BOX 1426
Recorded Date/Time: November 24, 2009 01:45:56P HARRISONBURG VA 22801
Receipt Number:
Book-Vol/Pg:
156011
Bk-OR Vl-3627 Pg-1
Cashier Station: A Wolverton / Cash Station 3
.iU/
It
.....
,.:L'.,
I c eÿ'#y Ihat the document to which this autheniÿcmbon h erÿKI ts a true
COpy of • record in the Rocldrÿgharn COUÿy Circuit Court Cleric's Ofÿce
arÿ that I am the 0ÿtodÿan of that racofd,
/ r
,.O
" .ÿ
ÿ L,,ÿ"ÿ."
..... .? .ÿ
'ÿ ......
CLERK OF COURT
/.
AMENDMENT TO THE DECLARATION OF COVENANTSÿ CONDITIONSÿ
WITNESSETH:
L.L.C.;
the Declaration;
the Declaration;
ARTICLE/qÿ XI
USE RESTRICTION
Section 1, Limitation or use of Lots and Common Areas.
(13) There shall be no fencing or hedges in the front of any of the townhouse units, and
all fencing to the rear of the townhouse units shall be attached to the individual unit and be-of
than-si-x--feet shall not be higher than six feet. No fence shall be constructed until the
Architectural Review Board and Board of Directors of the Association shall have approved the
same.
(14) Each Owner shall keep all Lots owned by him and all improvements therein or
thereon in good order and repair and free of debris, including, but not limited to, the seeding,
watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the
painting (or other appropriate external care) of all buildings and other improvements, all in a
manner and with such frequency as is consistent with good property management. However, the
Association shall mow any unfenced ar.ea on each Lot so long as there is no exceptional or
excessive landscaping, as determined by the Board of Directors of the Association. In the event
an Owner of any Lot shall fail to maintain the premises and the improvements situated thereon as
provided herein, the Association, aRer notice to the Owner as provided in the Bylaws and
approval by two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon
said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the
building erected thereon. All costs related to such correction, repair or restoration shall become
a special assessment upon such Lot.
(44-) Q.ÿ No baby carriages, bicycles or other articles of personal property shall be
deposited, allowed or permitted to remain outside of any townhome except on the rear patio.
The Association shall specifically have authority to impound all such articles to remain outside
in violation of this provision and to make a charge for the safekeeping and return thereof,
(-t-5-) ÿ No building, structure, addition or exterior alteration (including basketball
backboards, rims andnets) or improvements of any character shall be constructed upon any Lot
or dwelling locatedthereon, except as exterior painting is permitted by the prior paragraph,
unless the plan of construction, including quality of workmanship, design, colors and materials,
shall have been approved in writing by the Owners Association as being in harmony with the
whole subdivision, especially the adjoining townhouse unit.
(-t-&) 10_7) No boats, mobile homes, motor homes, campers, buses, trailers of any
type, tractors, trucks or any other motor vehicle, other than automobiles, motorcycles, pickup
trucks or vans shall be permitted on any Lot, except during the course of construction. No motor
vehicle or material portion thereof that does not have a current license or current Virginia
inspection sticker shall be permitted on any Lot.
Witness the following signatures and seals.
Date: i l / 2#/o°[
By: "kÿ..ÿ0ÿ
(SEAL)
Its:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ÿ!ÿ(\ÿ!ÿ\ , to wit:
M
The foregoing instrument was acknowledged before me in the jun.'sdiction aforesaid this
day of March, 2009, by 'q \ÿlÿI'fk'l'ÿoÿd , who is ÿ'(ÿlÿJÿof
Avalon Woods II Owners Association,ÿInc., a ÿrirginia corporation, on behalf of the corporation.
My commission expiresÿ'ÿ03ff.ÿ ,a,j, ÿ 0t
Registration number
qÿl\ Oÿ \\
t
NOTARY PUBLIC
................
NOTARY PUBLIC
l
MARCH 31,2012
.
AMISHA L. PIERCE
........
I
__ II
!
CERTIFICATION
Pursuant to section 55-515.1 of the Code of Virginia and XI, Section 4 of the Declaration
/ic.hÿ ÿo,oÿ,ÿ , {>rÿe-._ÿ
. of the Avalon Woods II Owners Association, Inc., a
Virgihia corÿboration, hereby certify that at least sixty-seven (67%) of the Class A Members have
By: 'ÿOÿJVÿÿ
Date: /__ÿ.! ÿq't bÿ
(SEAL)
Its: ÿre.5;,0aÿ
CITY/COUNTY OF }5OJriSonÿ,Jaÿ , to wit:
0
The foregoing instrument was acknowledged before me in the iurisdiction aforesaid this
day of March, 2009, by 'qiÿ['l'ÿ013ÿ\ÿ , who is ÿ\(ÿM)t'
of
Avalon Woods II Owners Association, Incl, a ÿirginia corporation, on behalf of the corporation.
My commission expires {'lÿ(.tff,ÿ ÿ\, aO\ÿ,
Registration number q ÿ \ (3:3kÿ
NOTARY PUBLIC
09002017
NOTARY pUBLIC
COMMONWeAlTH OF
I MYCOMM'SS'ONEXP'RES
{.,ÿ,,
MARCH 31,2012
ÿ1ÿ
ROCKINGHAM COUNTY
Chaz W, Evans-Haywood
CLERK OF COURT
60 2009 00037048
As
Amendment
To
NO GRANTEE
Recorded By' COLDWELL BANKER FUNKHOUSER
Num Of Pages:
Comment:
Amendment
Recording Charge:
6,50
10 or Fewer Pages
14.50
21.00
File Information:
P O BOX 1426
November 24, 2009 01:45:56P HARRISONBURG VA 22801
Receipt Number:
Recorded Date/Time:
156011
t;/ HT, 7',
',,:,:).. j..£J
I teddy {hÿ lhe doÿment to which Ihÿ autÿnbcÿon is afÿxed Iÿ a Ipuo
¢o1ÿ' of a record ,n ÿe Rocldngham Count'/Circuit Court Clerk's Ofÿce
an0 tÿat I ÿm the ouÿtoÿan of thai ÿecoÿ0.
d,ÿ,.41:2.
CLERK OF COURT
4
AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS,
WITNESSETH:
L.L.C.;
the Declaration;
the Declaration;
ARTICLE V-JA-t X_.
EXTERIOR MAINTENANCE
The Association shall maintain the lawn 0fany unfenced area on each Lot. Lawn
maintenance only includes mowing such unfenced lawn. However, in the event such
unfenced area has an exceptional or excessive amount of landscaping, a.s determined by
the Board of Directors of the Association, the Association shall not be responsible for any
lawn maintenance on the said Lot.
llÿ&l qv lvoÿ,j,tj&atÿjlltjlV IVl $diLV ll/tÿ&,lllV'td&&ÿ#,l&V%d Vl ÿllvll uaJtlÿ=.7 ÿ.4511%.$ I*ilÿi& l%Jl'ÿ.l,
in
.......
e
...............................................
Any lawn or exterior
maintenance of the Lot and Unit, exceeding that set forth in Section (1) of this Article,
shall be the sole responsibility of the Owner. However, in the event an Owner of any Lot
shall fail to maintain the premises and the improvements situated thereon in a manner
satisfactory to the Board of Directors of the Association, after approval by two-thirds
(2/3) decision of the Board of Directors, the Association shall have the right, through its
agents and employees to enter upon said parcel and repair, maintain, and restore the Lot
and the exterior of the buildings and any other improvements erected thereon. The cost
of such exterior maintenance shall added to and become part of the annual assessment to
which such Lot is subject, and the expense of such exterior maintenance shall become a
lien upon the subject property. It is a condition of these covenants that the Association, is
and shall be, deemed general contractor for the purpose of qualifying to file a mechanic's
lien, and every lot owner so in default, by the acceptance of his deed, and those claiming
lien, and every lot owner so in default, by the acceptance of his deed, and those claiming
under him, hereby agrees to pay such expense, and grants permission to the Association,
to enter upon such Lot and make such exterior maintenance without being guilty of
trespass, and said Association, its agents and employees, shall not be liable in damages to
any lot owner except for willful and tortious acts committed beyond the scope hereof.
Any assessments under this paragraph and the preceding paragraph hereof, shall
constitute liens and shall be subject to the provisions of Section 55-516 of the Code of
Virginia, as amended.
The Association reserves the right to enter upon Lots, whose appearance is
unacceptable, as determined by the Board of Directors of the Association, and mow any
fenced or unfenced portion ofthe lawn of said Lots. The cost of this mowing shall be the
responsibility of the Lot Owner.
Witness the following signatures and seals.
By: ";/J .ÿÿ@,ÿ
,(SEAL)
Its: f3rÿ,'ÿ.e-ÿ
CITY/COUNTY OF ÿ(M'(iÿ(L,- , to wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
q tÿday of March, 2009, by ÿ/\¢.ÿ.Lÿ IS'tTÿCtO\(ÿ , who is D tÿ,ÿ\ÿh-}
of
n Woods II Owners Association,ÿInc,, a ÿirginia corporation, on behalfof the corporation.
My commission expires ÿf'X0Xÿ ,'ÿ, &Or0,
Registration number q ÿ \ ÿ) ÿ\\
NOTARY PUBLIC
MARCH 31,2012
ÿ,
CERTIFICATION
Pursuant to section 55-515.1 of the Code of Virginia and XI, Section 4 of the Declaration
,/.c) ÿ,,/ÿ,%,-?ÿ ÿ., _ÿ=.ÿ-}ÿ¢.ÿ
, of the Avalon Woods 1I Owners Association, Inc., a
Virgirfia corporation, hereby certify that at least sixty-seven (67%) of the Class A Members have
Date: /\ aÿ(ÿ,A
By: 'ÿP',,,
(SEAL)
Its: f!'Vÿ iolaÿ
CITY/COUNTY OF ÿ3-I'ÿÿ(
, to wit:
n The
instrument
was by
acknowledged
before
me ,whois
in the jurisdiction
aforesaid
dayforegoing
of March,
2009,
ÿirÿ___ÿ
ÿ(ÿ6
ÿ(ÿ'q'ÿ
of this
Avalon Woods II Owners Association, Inc., a Vtrginia corporation, on behalf of the corporation.
My commission expires ÿd(c.ÿ ÿ1, ÿ 013,.
Registration number
qaÿ63ÿ\,
NOTARY PUBLIC
09002016
|
|
]
AMISHA L, PIERCE
NOTARY PUBLIC
| MY COMMISSION EXPIRES
|Ik-ÿ J 3-MARCH31
2012
__ -- led_.__ ..1ÿ _._-" _- ÿ :.
:
:
.aÿ-ÿrrÿ ÿ
ROCKINGHAM COUNTY
CLERK OF COURT
80 200900037046
As
Amendment
To
NO GRANTEE
Num Of Pages:
Comment:
Amendment
Recording Charge:
6.50
!0 or Fewer Pages
14.50
21.00
File Information:
P O BOX 1426
Receipt Number: 156011
Recorded Date/Time: November 24, 2009 01:45:56P HARRISONBURG VA 22801
I € e ¢aTy Ihÿt the dooJrnant to which Ihiÿ ButhBntÿ¢Bbon tÿ Iÿ'Ex ÿd is a Irue
copy of a record ÿn me Rocldngham County Clrouff tour1 Clerk's Oftlce
and that t am the ¢ÿt oÿla,'l of that record,
,
/ )
L,
,,
/ ;
'..,,
',.ÿ \
.......... /,ÿ.'
.ÿ.Y
..... ÿ .ÿ .L L '.ÿ;?-"
CLERK OF COURT
AMENDMENT TO THE DECLARATION OF COVENANTS, COND)TIONÿ"
WITNESSETH:
L.L.C.;
the Declaration;
the Declaration;
ARTICLE ¥ VI_j
COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 2. Purpose of Assessments.
(2)
9,
The Association shall maintain all open and Common Areas, as well as all
lights, travel waysÿ and parking areas and mailboxes. The Association
shall contract for services for the collection of garbage and trash and shall
provide snow removal and grass cutting for the Common Area and the
lawn of any unfenced area of each Lot as set forth in Article X.
Witness the following signatures and seals,
By: ÿJÿÿ_WL,..ÿ
(SEAL)
Its:
CITY/COUNTY OF ÿ0dÿX.ÿq,-, , to wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
day of March, 2009, by kJkCÿkk ÿ(1"£ÿ,(ÿ , who is ÿ)(ÿ'l(ÿrÿl
of
Avalon Woods II Owners AssociationÿInc., a Virginia corporation, on behalf of the corporation.
My commission expires l"%3JC_ÿ ÿ, ÿ,01 &
Registration number
q ÿ\ 6ÿtl
t
\
NOTARY PUBLIC
NOTARY PUBLIC
REGISTRATION #72!0311
COMMONWEALTH OF VIRGH, t' ".
M¥COMM,SSÿ0. ExP,Rÿ.'..
L_ MÿRc.31,- - - kM--iS-"A--LgJE-RCE" .......
CERTIFICATION
Pursuant to section 55-515,1 of the Code of Virginia and XI, Section 4 of the Declaration
;c-ÿÿ\ÿ,;!'-ÿ., ÿrÿ._'ÿiÿ,ÿv'ÿx
, ofthe Avalon Woods II Owners Assomation, Inc,, a
Virginla corgoration, herelÿy certify that at least sixty-seven (67%) of the Class A Members have
Date: .!ÿl ÿ/€ÿ
,(SEAL)
By:
Its:
CITY/COUNTY OF ÿ06ÿ\ÿ(XÿXJÿI ÿ , to wit:
ayforegoing
of March,
2009, was
by k/lÿ..ÿ
l"V't.,x'ÿ0[(ÿ
, who
is jurisdiction
P( ÿVÿ&,ÿ
of this
..ÿrÿdThe
instrument
acknowledgeÿ
before me
in the
aforesaid
Avalon Woods II Owners Association,ÿnc., a Vÿginia corporation, on behalf of the corporation.
My commission expires !'ÿZ_ÿ ,.ÿ, ÿlÿ
Registration number
q ÿ1 t3ÿ\
NOTARY PUBLIC
09001771
NOTARY PUBLIC
REGISTRATION#7210311
MARCH 31 2012
[

AW2 Covenants and Amendments

Transcription

Similar documents

Avalon got butter?

The WoodsRock Music Festival

Great North Woods Sleddog Challenge

SE-GOT-386

File

January 2016

Preschool Pufferbellies - Virginia Museum Of Transportation

air handling units

Graduation Announcement Order Form - Printing Services

Fun Fall Facts