090008121
Amended and Restated Declaration of Rights, Covenants, Restrictions, Conditions and Obligations of ASHWOOD T OWNHOMES OWNER S ASSOCIATION, INC.
WHEREAS, on the 11th day of May, 2009, the Members of the Association considered it necessary to amend and restate the Declaration of Rights, Covenants, Restrictions, Conditions and Obligations of ASHWOOD TOWNHOMES OWNERS ASSOCIATION, INC. (the "Association") now in effect, and the Association hereby declares the following to be the Amended and Restated Declaration of Rights, Covenants, Restrictions, Conditions and Obligations of Ashwood Townhomes Owners Association, Inc.:
WI T N E S SE T H:
WHEREAS, the Association is the owner of certain real estate located in Bedford County, Virginia, known as "Ashwood Townhomes";
WHEREAS, the Association desires to provide for the protection and enhancement of the value and desirability of Ashwood Townhomes and for the maintenance of Ashwood Townhomes; and to this end, the Association desires to subject the real property described in Article II hereof, together with such additional real property as may hereinafter be subjected to this Declaration, to the covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, as amended, each and all of which is and are for the benefit of said real property and the owners thereof; and,
WHEREAS, the Association has been delegated and assigned the powers of owning, maintaining and administering the community common properties; administering and enforcing these covenants, conditions and restrictions; collecting and disbursing the assessments and charges hereinafter created; and promoting the health, safety, common good and general welfare of the residents of Ashwood Townhomes;
NOW, THEREFORE, the Association hereby declares that the real property described in Section 2. 1 hereof, shall be held, transferred, sold, conveyed, leased, donated, devised, inherited and occupied subject to the covenants, restrictions, easements, conditions, reservations, liens and charges as amended hereby andhereinaftersetforth,andanyvalidamendmentsorsupplementshereto. Thesecovenants,restrictions, easements, conditions, reservations, liens and charges and all other provisions hereinafter set forth shall run with the land and shall be binding upon any and all parties who have, or shall acquire, any right, title, or interest in all or any part of the real property subject to this Declaration, and shall inure to the benefit of each owner thereof.
ARTICLE I DEFINITIONS
The following words, when used in this Declaration, shall have the following meanings:
"Ashwood Townhomes" shall mean and refer to the real property and improvements now or to be constructed thereon described in Article II hereof which is hereby subjected to this Declaration.
"Declarant" shall mean and refer to Ashwood Townhomes Owners Association, Inc. , a Virginia limited liability company, and any successor to or assignee of it as developer.
"Declaration" shall mean and refer to the covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions herein set fort in this entire documents, as the same may from time to time be amended or supplemented."Supplementary Declaration" shall mean and refer to any declaration of covenants, conditions, and restrictions which may be executed and recorded by the Association 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 Article IIIX, Section 4 hereof which imposes additional, modified, supplementary or complementary provisions, covenants, conditions and/or restrictions upon the real property then subject to this Declaration.
"Lot" shall mean and refer to any plot of land numerically and/or alphabetically deSignated and shown or described on any recorded plat of any portion of Ashwood Townhomes, with the exception of Common Properties. Any townhouse constructed in Ashwood Townhomes shall be built only on a lot.
"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 os 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.
"Association" shall mean and refer to Ashwood Townhomes Owners Association, Inc. , a non-profit, non-stock corporation incorporated under the laws of the Commonwealth of Virginia, its successors and assigns.
"Member" shall mean and refer to every person or entity who holds membership in the Association.
"Board of Directors" shall mean and refer to the Board of Directors of the Association.
"Private Road" shall mean and refer to the privately owned roads shown and described on the subdivision plat described in Article II hereof, together with such additional privately owned roads as may hereinafter be created to serve such additional real property as may hereinafter be added to Ashwood Townhomes.
"Common Properties" shall mean and refer to any area deSignated as "Common Area", "Parking Area", "Island" or "Private Road" on any recorded plat pf any portion of Ashwood Townhomes, to be held, owned and administered for the common use and enjoyment of the Owners and tenants of Ashwood Townhomes.
"Community Assessment" shall mean and refer to the charges, fees and liens imposed upon Lots for community purposes as provided in this Declaration.
"Assessment" shall mean and refer to the charges, fees and liens imposed upon the Townhouse Units as provided in any Declaration.
"Architectural Control" shall mean and refer to the Board established in Article IX hereof for the purpose of regulating the external design, appearance, use of the Lots and Common Properties, and improvements thereon.
ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION
EXisting Property. The real property which is subject to the covenants, restrictions, easements, conditions, reservations, liens and charges set forth in this Declaration are more particularly described on a plat entitled "Plat Showing Ashwood Townhomes Section One, Lots 1-24 and Common Area, Jefferson Magisterial District, County of Bedford, Virginia", dated December 4, 2000, made by Russell H. Orrison, L. S. , and recorded in the Circuit Court Clerk's Office for Bedford County, Virginia, as Instrument Number
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3.
010005854, in Plat Book 40, at page 277 and on a plat entitled "Plat Showing Section Two, Ashwood Townhomes, Jefferson Magisterial District, Bedford County, Virginia", dated June 4, 2004, made by JA Michael Nichols, L. S., and recorded in the aforesaid Clerk's Office as Instrument Number 040008752, in Plat Book 44, at page 269.
ARTICLE III ASSOCIATION NETWORK
Association. AshwoodTownhomesOwnersAssociation,Inc.,isanon-profit,non-stockmembership corporation which has been incorporated under the laws of the Commonwealth of Virginia for the purpose of applying, administering and enforcing the covenants, restrictions, conditions, liens and charges contained in this Declaration; for the purpose of owning, maintaining and administering the Common Properties; and for the purpose of providing the maintenance within Ashwood Townhomes as set forth in this Declaration.
ARTICLE IV COMMON PROPERTIES
1. Composition. The Common Properties consists of all Common Areas, Parking Areas, and Private Roads, as shown and described on any recorded plat of any portion of Ashwood Townhomes. At present, the Common Properties consist of Common Areas, Parking Areas, and Private Roads as shown and described on the aforesaid recorded subdivision plats.
2. Legal Title. Ashwood Townhomes Owners Association, Inc. is the owner of all common areas as shown on the plats referenced to in Article II above.
EstablishmentofPrivateRoads. Declarantpreviouslyestablishedandimposedforthebenefit of all Lots, private access easements along and across the Private Roads for the purpose of ingress and egress to and from all Lots and the public highway system of the Commonwealth of Virginia and Bedford County, expressly reserving the identical rights of ingress and egress for the benefit of the Ashwood Townhomes and its assigns.
4. of Ashwood Townhomes, private easements upon the Parking Areas, if any, shown on the aforesaid recorded plat for the purpose of parking motor vehicles. The Owner of each unit shall be designated two (2) parking spaces. Parking for additional vehicles and guests or invitees will be provided and should be used on a temporary basis.
5.
6.
A. NoobstructionorstoragewithintheCommonAreasispermittedwithouttheexpressprior written consent of the Association; and
Areas.
B. TherightoftheAssociationtoplacereasonablerestrictionsupontheuseoftheCommon
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EstablishmentofParkingAreas. DeclarantestablishedandimposedforthebenefitofallLots
RegulationofTrafficandParking. TheBoardofDirectorsoftheAssociationshallhavethe power to place any reasonable restrictions upon the use of the Private Roads and Parking Areas, including the establishment of speed limits. All vehicles of any kind owned by any Owner, or guest of any Owner, shall be parked on the paved parking areas only.
Easement of Enjoyment of Common Areas. Each Owner, the guests of each Owner, and the tenants of each Owner shall have a right of easement of use and enjoyment of the Common Areas and any facilities situated therein subject to the following:
A.PrivateRoads. PrivateRoadsrequireprivatemaintenancebytheAssociation.Thecost of construction, repair, maintenance, upkeep, improvement or replacement of Private Roads will not be borne by Bedford County, or the Commonwealth of Virginia, or any public agency. The repair, maintenance, upkeep, improvement, enhancement and replacement of Private Roads shall be borne by and be the responsibility of
B. Parking Areas. Parking Areas are privately owned and require private maintenance by
C. Walkways. Any walkways fronting on the Private Roads or on the Common Areas, shall be private. The repairs, maintenance, upkeep, improvement, enhancement and replacement of walkways shall be borne by and be the responsibility of the Association.
3. Maintenance of Grounds. 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, which are either natural, or were planted by Declarant, within Common Areas, Islands, and lots and the costs of such
ARTICLE V EASEMENTS
1. Drainage and Utility Easements. Declarant has reserved unto itself, its successors and assigns, a perpetual and alienable easement and right of way above ground and underground through all areas subject to this Declaration and any Supplementary Declaration, whether within the boundaries of Lots or Common Properties, and excepting only land beneath approved buildings, to construct, maintain, inspect, replace and repair electric and telephone lines, wires, cables, conduits, sewers, pipes, water mains, and other suitable equipment and facilities for the conveyance of water, sewer, gas, telephone, electricity, television cable, exterior lighting and other utilities and public conveniences and for storm and surface water drainage, including pipes, ditches, culverts and other suitable facilities for the disposition of storm and surface water drainage together with the right of ingress and egress to all such facilities and easements for the construction andmaintenancethereof. Theeasementsprovidedforinthissectionshallincludetherighttocutanytrees, brush and shrubbery, make any grading of soil, and take other similar action reasonable necessary. The rights herein reserved 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 or be responsible for the lapse or temporary interruption of services except as herein and otherwise provided. Any damage to property resulting from the use of the easements hereby reserved shall be promptly repaired at the expense of the party causing such damage.
2. Encroachment.Declarantreservesuntoitself,itssuccessorsandassignstherighttogrant,convey or assign, a perpetual and alienable easement to the extent that any structure on any Lot encroaches on any other Lot or the Common Properties 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) setting or shifting of any land or improvements, excepting only land beneath approved buildings.
ARTICLE VI MAINTENANCE OF ASHWOOD TOWNHOMES
1. Maintenance of Roads. Parking Areas, Sidewalks and Walkways.
the Association.
2. Maintenance and Exterior Lighting Systems. The repair, maintenance, upkeep, improvement, utility costs, and enhancement and replacement of free-standing exterior lighting shall be borne by and be the responsibility of the AssOCiation.
maintenance shall be an expense of the Association. Page 4 of 12
the Association. The repair, maintenance, upkeep, improvement, enhancement and replacement of Parking Areas shall be the responsibility of the Association.
4. Maintenance of Party Walls.
A. General Rules of Law to Apply. Each wall is built as part of the original construction of any structure upon the real 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 this Article VI.4.B, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omission shall apply thereto.
B. SharingofRepairandMaintenance. Thecostofreasonablerepairandmaintenanceof a party wall shall be shared by the Owners who make use of the wall in proportion os 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 this Article VI.4.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 Article, Section 4B shall be appurtenant to and 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 of Directors, the Association after thirty (30) days prior to 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), through its gents 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 Community Assessment to which such Lot os subject.
5. Maintenance of Lots and Structures on Lots.
A. Exterior Painting and/or Staining of Townhouses by Association. The Association shall provide the periodic painting, caulking and/or staining of the exterior walls, including the exteriors of doors and trim, of all townhouses at such times and in such manner as the Board of Directors of the Association shall determine. Thecostofsuchpainting,caulkingand/orstainingshallbebornebytheAssociationthroughlevy of the Community Assessments.
B. Roofs of Structures by Association. The Association shall provide periodic repairs, maintenance, and replacement of roofs of all townhouses at such time and in such manner as the Board of Directors of the Association shall determine; the same shall be done in the same manner as provided in Paragraph A. of Section 5.
C. Maintenance by Owner. To the extent that the maintenance of any Lot and structures thereon is not required to be performed by the ASSOCiation, the Owner of such Lot shall perform such maintenance, repair, and replacement, and shall keep this Lot and all structures thereon in good order, condition and repair.
D. Additional Maintenance by the Association. In the event that any Owner shall fail to maintain, repair, and/or replace any tem 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
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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 shall be assessed against the Owner of any such Lot, and added to and become a part of the Community Assessment to which such Lot is subject.
7. Insurance. RecognizingthatthegeneralaestheticcharacterandappealofAshwoodTownhomes depends in part upon the prompt reconstruction, rebuilding and/or restoration of any damages or destroyed structure and that provisions should be made to assure that the necessary funds will be available for such purposes, it shall be the duty of each Property Owner or Unit Owner to repair, maintain, replace, rebuild or reconstruct any improvement erected upon his property existing at the time of the conveyance of said property to such Property Owner or Unit Owner, or all improvements completed under the control of Developer or the Association after such conveyance unless and except he obtains prior written approval from the Association specifically relieving him of such duty and obligation. This duty shall exist irrespective of the reason or the need for such action and without regard to any existing liability or fault in connection with the damage or destruction to such property. In this regard, it shall be the duty of Ashwood Townhomes Owners Association, Inc. to maintain a policy or policies of insurance providing coverage sufficient to bear the entire replacement cost of such property or improvement thereon. The amount of such insurance shall be established by the Association from time to time and each Property Owner or Unit Owner shall within times specified by the Association be provided adequate proof of such coverage.
SEPAR AT EINSUR ANC E: Each Property Owner or Unit Owner shall have to, at his own expense, obtain separate insurance coverage upon his personal property and for his personal liability as well as upon any improvements made by him to his Unit under coverage normally called "improvements and betterments coverage"; provided however, that no Property Owner or Unit Owner shall be entitled to exercise his right to acquire or maintain such insurance coverage so as to decrease the amount which the Board of Directors, on behalf of all Property Owners or Unit Owners, may realize under any insurance policy maintained by the Board of Directors to be brought into contribution with insurance coverage obtained by a Property Owner or Unit Owner.
8. Maintenance of Sewer. Declarant constructed and installed a sewage line for Ashwood Townhomes in accordance with all relevant regulatory standards and requirements which shall be tied into the sewage system of Bedford County Public Service Authority. Following construction and installation, the repair, maintenance, upkeep, improvements, enhancements and replacements of sewage lines that are not a part of Bedford County Public Service Authority, shall be borne by and be the responsibility of the Property Owner or Unit Owner served by each such line and if a line serves more than one Property Owner or Unit Owner, such repair, maintenance, upkeep, improvements, enhancements, and replacement shall be borne equally by the residential units serviced by such line.
9. Storm Water Management Facilities within Ashwood Park. Neither Bedford County not the Commonwealth of Virginia shall have any responsibility for the operation or maintenance of facilities for the disposition of storm and surface water or its drainage and retention located within Ashwood Park. The initial construction and installation of facilities for the disposition of storm and surface water and its drainage and retention as deemed appropriate by Declarant and required by law shall be borne by and be the responsibility of the Association. The Association shall indemnify and hold harmless Bedford County from any and all claims, actions, liabilities and expenses, regardless of the outcome of the claim or action, caused by, resulting from, or alleging negligent or intentional acts or omissions by the Association in, or otherwise arising out of, the storm and surface water drainage and retention facilities.
10. EasementforMaintenance. ForthepurposeofperformingthemaintenanceontheLotsrequired or permitted by this Declaration, the Association, through its duly authorized agents and/or employees, shall
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6. Negligence of Owners. In the event any maintenance or repair described in this Article, Sections 1 through 5 of this Declaration is necessitated by the willful or negligent act of an Owner, his guests, or invitees or by fire or other casualty, the costs of such maintenance or repair shall be borne by such owner and shall become a part of the Community Assessment to which his Lot is subject.
have a nonexclusive easement to enter upon, or in, any Lot, and if absolutely necessary the structures thereon, for the purpose of performing maintenance on such Lot or on any adjacent Lot. Except in the case of emergency, the agents and employees of the Association shall not enter the interior of any structure except upon reasonable written notice to the Owner thereof. The Association may, in its rules and regulations, establish the manner for giving such notice.
ARTICLE VII ASSOCIATION
1. Membership. Every 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 and in the Articles of Incorporation and By-Laws 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. The Association shall not discriminate on the basis of race, creed or sex in its membership.
2. VotingRights. ThetotalnumberofresidentialunitsbuiltinAshwoodTownhomesis103residential units. The Association shall have only one class of voting membership. The Members shall be all Owners of Lots and each member shall be entitled to one (1) vote for each Lot owned by said 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.
3. Board of Directors. The Board of Directors of the Association shall be elected by the Members as set forth in the By-Laws of the Association.
4. PowersandDutiesofBoardofDirectors. TheBoardofDirectorsshallhaveallofthepowersand 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 By-Laws of the Association required to be exercised or done by the Members of the Association.
5. Powers and Duties of Board of the Association. The powers and duties of the Association shall be those set forth in this Declaration and the Articles of Incorporation and By-Laws of the Association, as the same may be amended from time to time.
6. Expenditure limits of Board of Directors. The Board of Directors shall have the power to make decisions on expenditures that are or are estimated at Five Thousand Dollars ($5,000.00) or less for any given matter. Matters that require expenditures exceeding Five Thousand Dollars ($5,000.00) must be approved by a majority vote of the Members of the Association at a duly called, regular or special meeting of the Association. The Board of Directors will obtain a minimum of three (3) comparable bids to be presented for consideration.
ARTICLE VIII ASSESSMENT
1. Type of Assessments. Within Ashwood Townhomes, two types of assessments are permitted as follows: Annual and Special Community Assessments made by the Association upon Lots for community purposes, for the purpose of providing periodic painting, caulking and/or staining of the exterior walls of all townhomes and for the other duties imposed on the Association by this Declaration.
2. Community Assessments.
A. Creation of Communitv 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
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or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) all annual Community Assessments, fees and charges, and (2) all special Community Assessments for capital improvements, major repair, andlor extraordinary maintenance, andlpr other extraordinary items, such special Community Assessments to be fixed, established and collected from time to time as hereinafter provided. The annual Community Assessments and special Community Assessments, together with interest as hereinafter provided, costs of collection, and reasonable attorney's fee, 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. NoOwnermaywaiveorotherwiseavoidliabilityforsuchannualCommunityAssessmentsandlor special Community Assessments by the non-use of the Common Properties or by abandonment of his Lot or rights in the Common Properties.
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 Owners in Ashwood Townhomes and in particular for the repair, maintenance, upkeep, improvement, enhancement and replacement of the Private Roads, Parking Areas, sidewalks, walkways, driveways, surface and storm water drainage facilities, identification signs, exterior lighting systems, irrigation systems, and grounds of Common Areas, islands, painting, roof repairs or replacements, and for the purpose of providing periodiC painting, caulking andlor staining of the exterior walls of all townhomes on Lots in Ashwood Townhomes as provided in this Declaration, and, if deemed necessary andlor appropriate by the Board of Directors of the Association, the advancement of the cost of any payment, repair andlor 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 Association shall provide for snow removal within the Common Properties and for the collection of garbage and trash.
C. Basis and Maximum of Annual Community Assessments. The annual Community Assessments shall be made on the basis of a calendar year beginning January1st and ending December 31st. The current annual Community Assessment on each Lot improved by a completed residential unit is Six Hundred Dollars ($600.00) per year (prorated at $50.00 per month). Each year thereafter, the maximum annual Community Assessment may be increased by up to Twelve percent (12%) per year of the prior year's annual Community Assessment for such Lots effective January 1st of each year by the Board of Directors of the Association, without a vote of the Members, which Board of Directors may fix such annual increase after due consideration of current and anticipated maintenance costs, appropriate depletion allowances, reserve funds, and other needs of the Association. An increase requested by the Board of Directors in the usual annual Community Assessment above the annual twelve percent (12%) increase over the prior year's assessment for such Lots must be approved by a majority of the quorum at a meeting of the Members of the Association duly called for this purpose.
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 fiscal year only for the purpose of defraying, in whole or in part, the costs of any major andlor extraordinary painting, caulking andlor staining of the townhomes or any extraordinary construction, reconstruction, repair or replacement of any part of the Private Roads, Parking Areas, sidewalks, walkways, driveways, surface and storm water drainage facilities, identification signs, exterior lighting systems, irrigation systems, andlor grounds of Common Areas, and Lots in Ashwood Townhomes, and, if deemed necessary andlor appropriate by the Board of Directors of the Association, the advancement of the cost of any payment, repair andlor 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 responsible therefor; proved that any such special Community Assessment shall have the consent of the majority of the quorum at a meeting of the Association duly called for this purpose.
3. Annual Community Assessments. The Board of Directors shall set the amount of the annual Community Assessment against each Lot, at least thirty (30) days in advance of each annual assessment period. Written notice of the such annual assessments shall be sent to every Owner subject thereto. In the event that the amount set by the Board of Directors for a given annual assessment period is less that the
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maximum amount that the Board of Directors could have set, then the board of Directors shall have the right to subsequently increase such annual assessment up to and including such maximum amount, and to make a supplemental levy upon the Owners subject thereto, if the Board of Directors determines that the amount of such annual assessment as initially set was inadequate. Unless otherwise established by the Board of Directors, such annual assessments shall be due in advance or in twelve (12) equal monthly installments on thefirstdayofeachmonth. TheAssociationshall,withintwo(2)businessdaysofrequest,furnishacertificate 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 issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.
4. PersonalObligationofCommunityAssessment. CommunityAssessments,togetherwithinterest as hereinafter provided, costs of collection, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such lot at the time when such Community Assessments first became due and payable. In the case of co-ownership of a lot, all such co-owners shall be jointly and severallyliablefortheentireamountofsuchassessments. AllOwnersoflotsbyacceptanceofaninstrument of conveyance, waive all rights to any homestead exemption with respect to their personal obligation for the payment of such assessments. The personal obligation for all unpaid delinquent Community Assessments shall pass to an Owner's or Declarant's successor in title.
5. late Charges. Interest and Costs of Collection; Right to Accelerate. The lien for Community Assessment shall also secure all late charges, interest and costs of collection, including a reasonable attorney's fee, whether suit be brought or not, which may be incurred by the Association in enforcing said lien. Any Community Assessment which is not paid when due shall bear a late charge at the rate of five percent (5%),interestfromthedatewhendueuntilpaidattherateoftwelvepercent(12%)perannum. Intheevent that any Owner is more than sixty (60) days delinquent in the payment of any Community Assessment, the Association shall have the right and power to accelerate the balance of the year's Community Assessments and to consolidate said balance with any delinquent amount.
6. lien for the Payment of Assessments and Subordination of lien to First and Second lien Deeds of Trust. There shall be a continuing lien upon each of the individual lots subject thereto in order to secure payment of any of the Community Assessments provided in this Declaration, but such lien shall be at all times subject and subordinate to any first or second mortgages or deeds of trust placed on the lot at any time. However, at such time as the Association places to record, in the Clerk's Office for Bedford County, Virginia, 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 Community 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 State of Virginia. The lien of the Community Assessments provided for herein, whether or not notice has been placed on record as above provided for in the foreclosure of mortgages, vendor's liens, and liens of a similar nature. A statement from the Association showing the balance due on any Community Assessment shall be prima facie proof of the current Community Assessment balance and delinquency, if any, due on a particular Lot.
ARTICLE IX ARCHITECTURAL CONTROL
1. Purpose. An Architectural Control Board shall regulate the external deSign, appearance, use, location, and maintenance of improvements and landscaping on any Lot, Parcel or the Common Properties, 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 Ashwood Townhomes.
2. Condition. No improvements, alterations, repairs, change of paint or stain colors, excavations, changes of grade, clearing, major landscaping or other work, which in any way alters such property from its
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natural or improved state on the date such property was first conveyed in fee simple by Declarant to an Owner or the Association, shall be made or done without the prior written approval of the Architectural Control Board except as otherwise expressly provided herein. No buildings, fences, walls, residences or other structures or improvements to a structure erected or construed on any portion of Ashwood Townhomes shall be commenced, without the prior written approval of the Architectural Control Board.
3. Procedures. Any Owner who desire to construct any improvement on or make alteration to the exterior appearance of its Lot, or the improvements therein, and the Association itself, if it desires to construct any improvements on or make alteration to any Lot or the Common Properties, shall submit the plans and specifications therefor showing the nature, kind, shape, height, color, materials and location of the same to the Architectural Control Board. In discharging its functions and duties, the Architectural Control Board shall endeavor to maintain and preserve the general character and architectural compatibility of Ashwood Townhomes as constructed by Declarant. In the event the Architectural Control Board fails to approve, modify or disapprove in writing a request for approval required herein within sixty (60) 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 deemed granted. The Architectural Control Board may adopt procedures or standards as to the information it requires to be submitted to it with any request for approval.
4. Presumption. In the event that the appropriate equitable action together with the filing of a lis pendens has not been commenced within ninety (90) days after the completion of any improvements or alterations, it shall be conclusively presumed that such construction, alterations, or improvements are approved by the Architectural Control Board.
5. Composition of Architectural Control Board. The Architectural Control Board shall consist of at least three (3) persons appointed by the Board of Directors. Such persons must be Members of the Association and may also be directors.
ARTICLE X GENERAL USE RESTRICTIONS
1. Commercial Use. All Lots shall be utilized for residential living.
2. Nuisances. Nonoxious,boisterousoroffensiveactivityshallbecarriedon,uponorinanyLot,nor any illegal business or activity, 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 prescribe or limit in any way the right of the Association to carry on any improvement and construction activities in Ashwood Townhomes.
3. Signs. Other than the sign identifying the community, no billboards or signs of any kind shall be erected, maintained or displayed on any Lot except as permitted by the Association.
4. RecreationalandMotorVehicles. Exceptasmayotherwisebeexpresslyprovidedforintherules and regulations adopted by the Association, no mobile home, motor home, recreational vehicle, trailer, camper, bus, or boat shall be placed, stored, or parked within Ashwood Townhomes (including any Lot, or Common Properties), either temporarily or permanently. In addition, the Association shall have the right to regulate or prohibit the storage or parking, whether temporary or permanent, within Ashwood Townhomes of any vehicle which in the opinion of the majority of the Board of Directors damages or detracts from the general aesthetic character and harmony of Ashwood Townhomes by reason of: (1) the types and/or quantities of materials or items stored within or on such vehicle, (2) the general disrepair, poor body condition, or dilapidated state of such vehicle, or (3) the unusual or tasteless exterior appearance of such vehicle created byunusualorcustompaintschemes,graphics,illustrationsand/orwords. TheProvisionsofthissectionshall not proscribe or limit in any way the rights of the Association to park vehicles related to construction activities by its contractors and subcontractors.
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5. No Temporary Structures. No structures of temporary character, tent, or trailer shall be used on any Lot or the Common Properties at any time except as permitted by the Association.
6. Antennae and Aerials. No antennae, satellite dish, mini-dish, or other electronic reception device shall be placed on any Lot or fixed to the exterior of any building, and no antennae or aerial placed or fixed within a building shall extend or protrude from the exterior of such building, unless approved by the Architectural Control Board. No transmitting or receiving equipment which might interfere with television, radio or any other communications receipt 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 antennae or earth receiving televiSion system in Ashwood Townhomes.
7. 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 Properties, or Private Roads.
8. Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on the Common Properties or any Lot except dogs andlor cats provided they are not kept or maintained for any commercial purposes. Each Unit Owner shall have no more than three domestic pets at any time. No dogs shall be allowed to run at large; all dogs must be on a leash at all times on Common Properties or any Lot; no such pets shall be kept outside while the Owner is not present and no outdoor pet houses or other facilities for keeping domestic animals, shall be maintained on Lots or Common Properties of Ashwood Townhomes.
Each Owner shall be responsible for cleaning up waste after his own animal resulting from walking said animal outside upon any Lot or Common Area.
Any pet that molests a passerby or passing vehicle, attacks other animals, damages private property, or any pet that barks, whines or howls in an excessive, continuous or untimely fashion shall be subject to reasonable restraints imposed by the Association designed to correct such behavior, including exclusion from Ashwood Townhomes for repeated violations. Complaints shall be made to the Board of Directors who shall appoint a committee which, after due notice to the owner of the animal, shall investigate and by a majority vote, act upon the complaint, including enforcement proceedings as provided herein.
9. Inoperable Motor Vehicles. No Inoperable motor vehicles shall remain within Ashwood Townhomes for mor than seventy-two (72) hours. The Association in its rules and regulations shall have the power to define what is an inoperable motor vehicle.
10. Refuse Collection and Utilities. Public water and sewer are provided to Ashwood Townhomes by Bedford County Public Service Authority. Refuse collection shall be provided by the Association at the designated locations having containers supplied by the contracted service provider. All refuse should be disposed of properly in a bag or container and should not be kept on any Lot or Common Property at any time.
ARTICLE XI GENERAL PROVISIONS
1. Managing Agent. The Association may employ and pay a managing agent to manage the affairs of the Association. Such managing agent shall be employed and compensated for its services and costs pursuant to a written contract, which contract shall provide the termination by either party without cause and without payment of a termination fee on thirty (30) days written notice.
2. Enforcement. Enforcement of the provisions of this Declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or recover damages. Such action may be brought by the Association or the owner of any Lot.
3. Severability. Invalidation of any one or more of the provisions of this Declaration by judgment, court order or otherwise, shall in no way affect any other provision which shall remain in full force and effect.
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4. Amendments. This Declaration may be amended in whole or in part by recorded instrument bearing the signature of the Board of Directors on behalf of the majority vote of the Owners of record.
5. Gender; Singular/Plural. As use in this Declaration, the masculine gender shall include the feminine and neuter, and vice versa, and the singular shall include the plural, and vice versa, whenever appropriate.
6. Duration. The covenants and restrictions of this Declaration shall run with and bind the land for a term of thirty (30) years from date and thereafter shall be automatically renewed for successive periods of ten (10) years each unless modified, amended or rescinded as provided in Article XI, Section 4.
7. Dedication. All portions of the property shown on the aforesaid plats are designated as public streets or public utility easements are hereby dedicated to the County of Bedford, Virginia.
IN WITNESS THEREOF, the Association has caused this Declaration to executed on its behalf by its duly authorized officer.
Ashwood Townhomes Owners Association, Inc., a Virginia n-Profit Corporation
£.
CERTIFICATION I, the undersigned, do hereby certify:
That the foregoing Declarations of Covenants, Conditions and Restrictions constitute an amendment and restatement of the original Covenants, Conditions and Restrictions of said Association recorded as Instrument Number 000012622 in the Circuit Court Clerk's Office of Bedford County, Virginia on November 6, 2000, as duly adopted at the annual meeting of the Members of the Association, held on the 11th, day of May, 2009.
COMMONWEALTH OF VIRGINIA, COUNTY OF BEDFORD, TO WIT:
N'i Evans Given under my hand this 9th day of June, 2009.
I, that, Laura E. Cofer, President and Jennifer T. Edgell, Secretary, of Ashwood Townhomes Owners Association, Inc., whose names are signed to the foregoing instrument, bearing the date of May 11, 2009, has acknowledged the same before me.
