THIS DEED OF DEDICATION, AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (hereinafter referred to as the “Declaration”), made and entered into this 19th day of October, 1988, by and between The Ponds, L.P. a Virginia limited partnership, (hereinafter referred to as “Grantor”, and the Seven Lakes Homeowners Association, Inc., a Virginia non-stock Corporation, (hereinafter referred to as “SLHOA”.
WHEREAS, Grantor is the owner of record of the real properties composing the Residential Planned Community of Seven Lakes and conveyed to it by DEED from Robinson Properties, and recorded in the land records of Stafford County, Virginia in Deed Book 639, pages 250, et seq., and Deed Book 639, page 243, et seq.,
WHEREAS, the Grantor is a Virginia limited partnership in which Devon Land Seven Lakes Corporation is the sole general partner, and Grantor is the Owner of the said property described in Article II hereof (hereinafter referred to as “Seven Lakes”) and, as developer of Seven Lakes, desires to create a residential community with certain permanent open spaces and other facilities for the benefit of the said community; and
WHEREAS, the Grantor desires to provide for the preservation of the values and amenities in said community and for the maintenance of all recreational facilities, including, among others, swimming pools, cabanas, tennis courts, riding rink, stables, horse trails, parks, play grounds, open spaces, and other community facilities and common areas, and to this end it desires to subject the real properties together with such additions as may hereafter be brought under this Declaration of the Covenants, Restrictions, Conditions and Agreements hereinafter set forth, each and all of which is and are to be the benefit of said properties and each owner thereof; and
WHEREAS, the Grantor has deemed it desirable for the efficient preservation of the values and amenities in said community to create an association to which should be delegated and assigned the powers of owning, maintaining and administering the community properties and facilities, and administering and enforcing the covenants and collecting and disbursing the assessments and charges hereinafter referred to and created; and
WHEREAS, the Grantor has caused to be incorporated under the laws of the Commonwealth of Virginia, as a non-profit corporation, the Seven Lakes Homeowners Association, Inc., (SLHOA) for the purpose of exercising the functions aforesaid; and
WHEREAS, the Grantor, as owner of Seven Lakes, and under the authority vested in it as such, desires to subdivide the hereinafter described properties into lots and streets and other designated areas, including certain open space, as set forth on the plat hereto attached and expressly made a part hereof; and
WHEREAS, the said SLHOA joins this Deed of Dedication for the purpose of accepting the duties and responsibilities imposed by the Agreements, Covenants, Conditions and Restrictions herein contained; and
WHEREAS, certain designated areas are to be used by the Residents and are not dedicated hereby for use by the general public but are reserved for the use and enjoyment of the Owners and/or Residents in Seven Lakes as more particularly defined in the following provisions of this Declaration; and
WHEREAS, the fee title to any lot described as bounded by any road, playground, lake, pond, pool, tennis court or any other open space or community facility which has not been specifically dedicated to and accepted by the public, and fee title to any Lot shown on the recorded plat of Seven Lakes as abutting upon any such community property, shall not extend thereupon, and fee title to such property designated as a community facility is reserved to be conveyed as Grantor shall determine subject to the provisions of this Declaration.
NOW THEREFORE, in consideration of the foregoing and the following provisions hereof and the sum of One Dollar ($1.00) in hand paid, receipt of which is hereby acknowledged, the Grantor, with the other party hereto joining in this Declaration, does hereby subdivide the land hereinafter described by metes and bounds as Seven Lakes, as the same appears on the plats attached hereto made by Polins, Souza and Associates, Inc., site planners and engineers, with certificates attached hereto, which subdivision is made with the full consent and in accordance with the desires of the parties hereto, the said plats showing the property divided by the required officials of Stafford County, Virginia.
SLHOA, hereby accepts those responsibilities and duties imposed upon it by the protective Covenants, Conditions and Restrictions set out herein, and agrees to maintain the open space areas in Seven Lakes designated as private streets, parks, horse trails/jogging paths, community lake, open spaces, and the swimming pools, cabanas, tennis courts, horseriding rink, stables and other community facilities reserved for use by Residents of the Community and agrees further to comply with the provisions of any agreements heretofore or hereafter made with the Grantor and to do the same with respect to any additions of land or property hereafter brought under the provisions in this Declaration pertaining thereto, and agrees generally to carry out and enforce the provisions of this Declaration.
The restrictions, covenants, agreements and other conditions set forth herein are made for the mutual and reciprocal benefit of each and every Lot Owner in the Residential Planned Community or Seven Lakes and/or any and all other property that may be brought under this Declaration and are intended to create mutual, equitable servitudes upon each and all of the other Lots therein, to create reciprocal rights between the respective owners of all said Lots in Seven Lakes, provided that the Grantor reserves the right to create special and specific regulations and conditions with regard to those lots which are to be developed with lakes or ponds and provided such specific regulations and conditions are made with the same intent as expressed above and may be made a part of the Declaration without reference to amendment procedures hereinafter provided for.
The Grantor has entered into this Declaration, so that all the real property described herein and such additions thereto as may hereafter be made pursuant to the provisions of Article II hereof and brought within this Declaration and if subsequently held, conveyed, transferred or sold by future deed, or if subsequently encumbered, leased, rented, used, occupied or improved, shall be held, conveyed, transferred, sold encumbered, leased, rented, used, occupied and improved subject to the covenants, conditions, restrictions, easements, agreements, charges and liens (sometimes referred to as “Covenants and Restrictions”), hereinafter set forth in the following Articles:
Section 1. The following words, phrases or terms, when used in this instrument or any supplemental instrument (unless the context shall prohibit) shall have the following meanings:
A. “Association” shall mean and refer to the Seven Lakes Homeowners Association, Inc. (also referred to as “SLHOA”).
B. “Declaration” shall mean and refer to this Deed of Dedication, Agreement and Declaration of Covenants, Conditions and Restrictions, as the same may from time to time supplemented or amended in the manner hereinafter provided.
C. “The Properties” shall mean and refer to all the properties described herein and additions thereto as are subject to this Declaration or any supplemental or amended declaration under the provisions of Article II hereof.
D. “Community Facilities or Properties” shall mean and refer to those areas of land shown on any recorded subdivision plat of the Properties that are intended to be devoted to the common use and enjoyment of the Owners of The Properties which is heretofore defined.
E. “Lot” shall mean and refer to a subdivided portion of The Properties with the improvements thereon which is less than the whole thereof with the exception of Community Properties which is heretofore defined.
F. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, or the fee simple title in any Lot situated upon The Properties, but notwithstanding any applicable theory of any mortgage or trust agreement, shall not mean or refer to a Mortgagee or Trustee unless and until such Mortgagee or Trustee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
G. “Grantor” shall mean and refer to The PONDS, L.P. and its successors and assigns.
H. “Beneficial Owners” shall mean and refer to the Owner of any portion of The Properties to whom the Grantor has contracted to sell said Properties.
I. “Board” shall mean and refer to the Board of Directors of the Seven Lakes Homeowners Association, Inc., (SLHOA).
J. “Member” shall mean and refer to every person or entity who holds membership in the Association.
K. “ARC” shall mean and refer to the Architectural Review Committee.
L. “ECC” shall mean and refer to the Environmental Control Committee.
M. “Community” shall mean and refer to the subdivision including all The Properties.
N. “Tenant” shall mean and refer to any individual who is leasing or renting a Lot from an Owner under a written lease, an executed copy of which is delivered to the Association
O. “Mortgage” shall mean and refer to a deed of trust or other security instrument and “Mortgagee” shall refer to the party secured thereby.
P. “Resident” shall mean and refer to an Owner or Tenant occupying premises in the Community.
Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied and is subject to this Declaration is a part of a larger tract located in the Rock Hill Magisterial District, Stafford County, Virginia. The total tract is described in detail in a Deed dated March 7, 1988, from Enniskillen Inc. to Robinson Properties, and recorded in the land records of Stafford County Deed Book pages . The property being dedicated herewith was conveyed by Robinson Properties to Grantor by Deed dated September , 1988, recorded in the records of Stafford County, Virginia Deed Book , pages , is more particularly described as follows; and is owned by the Grantor:
Parcel Six: All those certain tracts of land, together with all buildings and improvements thereon and all rights and privileges thereto appurtenant, situate, lying and being in Rock Hill Magisterial District, Stafford County, Virginia, containing approximately 720.7 acres and being all the rest, residue and remainder of the parcels originally containing 986.87 acres, more or less, 947.0969 acres, more or less, of which were conveyed to Enniskillen Inc., grantor herein, as Parcel One in deed of correction dated January 13, 1983, recorded in the aforesaid Clerk’s Office in Deed Book 430, page 404. This conveyance is subject to the easement of ingress and egress conveyed hereinabove to Enniskillen Farm Associates as an appurtenance to Parcel Two hereinabove described.
Parcel Seven: That certain tract of land located in Rock Hill Magisterial District, in the County of Stafford, Virginia, containing two acres, more or less; it being the property which was conveyed to William G. Maguire, deceased, under the designations of W.G. Maguire, by deed from Effie P. McGuire dated January 15, 1942, and of record in Deed Book 47 at page 279 of the land records of Stafford County, Virginia, and shall be recorded in the land records of Stafford County, Virginia as: Seven Lakes subdivision.
Section 2. Swimming Pool, Cabanas, Horse Riding Rink, Community Lake, Horse trails/Jogging Paths. The following described real property is designated as the community recreation and park areas, and is owned by the Grantor: All that property shown on the attached Plat. Said community recreation and park area is to be transferred to and owned, operated and maintained by SLHOA: being part of the subdivided tracts of land included in the planned residential community of Seven Lakes that is described as Existing Property, except that, the areas designated as horse trails and jogging paths shall be the property of the owners of the Lots on which they are located, but SLHOA shall own, manage and operate an easement on such areas for the designated purpose of horse trails and jogging paths.
Section 3. Addition to Existing Property. In addition to the property described in Section 1 hereof, the Grantor, or its successors, or assigns, shall have the right to bring under the provisions of this Declaration from time to time other properties now owned or hereafter acquired.
Section 1. Upon merger or consolidation of the Association with another association or corporation as provided in its Article of Incorporation, its properties, rights and being part of the subdivided tracts of land included in the planned residential community of Seven Lakes that is described as existing properties, except that, the areas designated as horse trails and jogging paths shall be the property of the owners of the Lots on which they are located, but SLHOA shall own, manage and operate an easement on such areas for the designated purpose of horse trails and jogging paths.
Section 1. Every person or entity who is a record owner or bonafide purchaser of a fee, or at least an undivided fee interest in any Lot or which is subject to covenants of record to assessment by the SLHOA must be a member of the SLHOA. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation, but does include the Grantor and any and all owners or developers who acquire title to any lot from the Grantor. The Grantor may assign its respective membership in the Association to any person, corporation, trust or other entity, and such assignee, and any future assignee of such membership may make successive like assignments.
No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership.
Section 1. Members shall be all those owners as defined in Article IV. All members shall be entitled to one vote for each Lot in which they hold the interest required for membership under Article IV. When more than one person holds such interest in any Lot, all such persons shall be members, and the vote for such Lot or Living Unit shall be exercised as they among themselves determine, but in no event shall more then one vote be cast with respect to any Lot.
Section 2. The organization, management and operation of the Association shall be governed by its Articles of Incorporation and its By-Laws as they may be amended from time to time.
Rights of Enjoyment in Community Facilities
Section 1. It is intended that the property described in Article II, Section 2 herein beneficially owned by the Grantor and to be transferred to the Association and designated as community recreation and park area, will be operated in a manner that will permit its use by the Seven Lakes residents as park and recreation facilities. Such land area, together with such other portions of the land designated on the attached plats, and other areas, which the Association owns or may hereafter own or over which it enjoys an easement, as in the absolute discretion of the Board of the SLHOA may by resolution from time to time hereafter be designated for use by Owners and Residents of Seven Lakes, are hereinafter collectively referred to as “Community Facilities”. In connection with Community Facilities subsequently designated as such and not so designated in this Declaration, there shall be filed at the time any such land is so designated a declaration stating that the land has been designated as a Community Facility and thereafter such areas shall be subject to the rights and easements of enjoyment and privileges hereinafter granted.
Section 2. Every Member by reason of the ownership of a Lot shall have a right and easement of enjoyment in and to all Community Facilities designated herein, or designated under a subsequent declaration, and such easement shall be appurtenant to and shall pass with every Lot upon transfer. All Residents shall have a nontransferable privilege to use and enjoy all Community Facilities for so long as they are Residents within the previously defined meaning of that term. All such rights, easements and privileges, however, shall be subject to the right of the Association to adopt and promulgate from time to time reasonable rules and regulations pertaining to the use of Community Facilities which shall enhance the preservation of such facilities, the safety and convenience of the users thereof, or which, in the discretion of the Board, shall serve to promote the best interest of the Owners and Residents including and making available of certain Community Facilities to school children, with or without charge. All such rights and easements of enjoyment in the Community Facilities are subject to the following additional provisions:
A. The right of the Association to limit the number of guests of a member;
B. The right of the Association or other entity operating a Community Facility to charge reasonable admission and other fees for the use of any recreational facility connected with the community areas;
C. The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the open space area and all Community Facilities, and in aid thereof to mortgage or otherwise encumber the same, and the rights of any such mortgage or mortgagee shall be superior to the easement herein granted and assured;
D. The right of the Association to borrow money and encumber its land and other facilities to cover the cost of acquisition of additional Community Facilities under any options granted to the Association as set forth in this Declaration or otherwise;
E. The right to expel members for any period during which any assessment against his Lot remains unpaid and to reinstate members when delinquent accounts are paid;
F. The right to suspend use of recreational and other Community Facilities for infraction of any of the published rules and regulations relating to the Community Facilities for periods of time as the Board shall determine, the application of such suspension to uniformly apply to all Owners and Residents; and.
G. The right of the Association to dedicate or transfer all or any part of the Community Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association and such transferee. No such dedication or transfer shall be effective unless approved by the members of the Association in accordance with its Articles and By-Laws.
Section 3. A Member’s right of enjoyment in Community Facilities shall automatically extend to all members of his immediate family residing on any part of the Property. No guests shall be entitled to exercise such right of enjoyment except as provided in, and subject to, the conditions specified in the By-Laws of the Association.
Section 4. The Association may designate parking areas and regulate the use of parking spaces in conjunction with the Community Facilities.
Section 5. Each of the streets shown on the attached Plat is a public street, but every park, recreational facility and other amenity within The Properties shall remain a private park, recreational facility or other amenity, and neither the execution or recording of this Declaration and the attached Plat nor any other act of the Grantor or other party in interest with respect to the Plat is, or is intended to be, or shall be construed as a dedication to the public of any of the said parks, recreational facilities and amenities other than as reflected herein. Such areas, however, are subject to the use easements provided herein, which easements of use and enjoyment are deemed to be licenses granted by the Grantor and subject to the provisions of public dedications by the members of the Association in accordance with Section 2(G).
Section 6. The ownership of the private open spaces, recreational facilities and any amenities within the Community Facilities dedicated hereunder is vested in the Association other than the areas over which the Association enjoys an easement, all as indicated in the recorded Plat provided, however, the responsibility for maintenance of those areas, streets, roads and open spaces, recreational facilities or amenities, shall be completed to County and State standards and released from bonding requirements and further, provided that the Association shall not be responsible for any of the improvement work required by the State or County authorities. The intent of this section is that the Association will have immediate ownership of the open spaces, recreational facilities and other amenities with the dedication of this Section but will not be in any way responsible for completing the required improvements nor for any debt in connection therewith or for any maintenance in connection with any uncompleted improvements. The Grantor further covenants that lot owners will have free, adequate and uninterrupted access to their lots from and to a public street during construction of their lots from and to a public street during construction of their residences and during their occupancy of said residences.
Covenant for Maintenance Assessment and Membership Assessments
Section 1. Creation of the Lien and Personal Obligation of Maintenance Assessment. To provide the funds for uses hereinafter vested therein, the Association shall have the power to levy and each Purchaser of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, covenants to pay, (1) annual Maintenance assessments or charges; and (2) special assessments for capital improvements and acquisition of Association properties and facilities, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a continuing lien upon the property against which each such assessment is made subject to Section 7 of this Declaration, shall also be the personal obligations of the person who is the owner of such property at the time when the assessment falls due.
Section 2. Purpose of Maintenance Assessment. The maintenance assessment levied by the Association shall be used exclusively for the purpose of maintaining community recreational facilities, horse trails, jogging paths, and pedestrian systems, and for promoting the recreation, health, safety, and welfare of the Residents and in particular for the improvement and maintenance of properties, services, and enjoyment of The Properties and of the homes situated thereon, including but not limited to, the payment of taxes and insurance, and repair, replacement and additions thereto and further cost of land acquisition, interest on financing, and other costs thereof, labor, equipment, materials, management, and supervision thereof.
Section 3. Basis and Maximum of Assessment on Members of the Association and Clubs.
A. The Board of Directors of the Association shall establish a budget in accordance with Section 3(B) hereof. The assessment established on a Lot shall be derived from that budget and shall be payable in a manner and at a time prescribed by the Board of Directors. Unless otherwise provided by the Board, the assessments shall be paid not later than thirty (30) days after the beginning of each new fiscal year as provided for in the By-Laws of SLHOA. Each Owner is responsible and liable for assessed charges and penalties, if any, coming due during his or her period of ownership. In a voluntary conveyance the grantee of a Lot shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the assessment up to the time of the grant or conveyance, without prejudice to the grantee’s right to recover from the grantor the amounts paid by the grantor therefor.
Each Owner shall be a member of the Association and such membership is mandatory for each Owner and shall terminate only when such ownership ceases. Lot owners shall be considered to be in arrears and not in good membership standing if payment of the assessment has not been received within thirty (30) days of the due date.
B. Each year the Board of Directors of the Association shall consider the current maintenance needs and future needs of the Association and, in light of those needs, shall establish a budget to fix the amount of the annual assessment herein provided for. The budget and assessment amount proposed shall be distributed to all Owners at least thirty (30) days prior to a special meeting of the membership, which must be called by the President not later than during the month of November of each year, at which time the Board shall propose the assessment amount to the membership. The budget and assessment established therefrom shall automatically, at said meeting, come into effect for the succeeding fiscal year unless disapproved by a majority of the membership, voting at the meeting in person or by proxy. If for any reason the Board fails to adopt a budget and assessment or a budget and assessment is not established therein, and until such time as a budget and assessment is put into effect for a given fiscal year, the budget and assessment for the preceding fiscal year shall continue in effect. [9/14/92]
C. The Board of Directors of the Association may after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at a lesser amount.
Section 4. Special Assessments for Capital Improvements, Association Properties. In addition to the annual maintenance 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, and unexpected repair or replacement of a described capital improvement upon the Community Facilities, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of the members of the Association in accordance with its Articles and By-Laws.
Section 5. Uniform Rate of Maintenance Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. The Board, may at its discretion, require the annual and/or special assessments to be paid on a monthly basis and may require that such payments be made to a mortgagee under the Deed of Trust on the respective Lot, or any other collection agent selected by the Board.
Section 6. Effect of Nonpayment of Maintenance Assessments. The personal Obligation of the Owner, the Lien, Remedies of the Association.
A. If any maintenance assessment charge shall not be paid when due it shall bear interest from the date of delinquency at the maximum legal rate then in effect and, additionally, if any maintenance charge is not paid within thirty (30) days after the due date, a five percent late charge shall be levied upon such Lot owner. The Association may publish the name of the delinquent member in a list of delinquent members or by any other means of publication.
B. In addition to being the personal obligation of the owner of a Lot at the time an assessment is due, all assessments, when due, shall be and become an equitable lien on the Lot or other parcel against which the charge is made subject only to Section 7 hereof. All persons, except those provided for in Section 7, acquiring liens or encumbrances being inferior to future equitable liens for assessments, as provided herein, whether or not such consent is specifically set forth in the instrument creating such lien or encumbrance. Any Lot owner, holder of a deed of trust to a Lot, or person having executed a contract for the purchase of a Lot or lender considering the loan of funds to be secured by a Lot shall be entitled upon request to a statement from the Association or its agents setting forth the amount of the assessment and charges past due and unpaid against the Lot. Such request shall be in writing, delivered to the registered office, principal office or president of the Association and shall state the address to which the statement is to be directed. Failure on the part of the Association to mail to such address as may be specified in their written request, or otherwise furnish such statement within five (5) business days from the receipt of such request shall cause the equitable lien for assessments created hereunder as to the amounts due and payable at the expiration of the five day period, with respect to the Lot involved, to be extinguished. Payment of a fee not exceeding fifteen dollars ($15) may be required as prerequisite to the Association issuing such statement.
C. In the event that an assessment is not paid when due, the Association, through its Board of directors, may institute suit to collect such amounts plus all accrued late fees, interest, costs and reasonable attorney’s fees of not less than ten percent (10%) of the amounts claimed due or to foreclose its lien. Each Owner by his or her acceptance of a deed to a Lot vests in the Association as its agent the right and power to bring all actions against him or her personally for the collection of such charges as a debt or foreclosure the aforesaid lien in the same manner as other equitable liens on real property are enforced. The lien provided for herein shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale and to acquire, hold, lease, mortgage and convey the same. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common facilities or abandonment of his or her Lot.
D. No foreclosure of lien or suit to collect the personal obligation of the assessment and sums due shall be commenced until the Association shall have filed a Notice of Lien (Notice) in the office of the Clerk of the Circuit court, Stafford County, or the public record of any government subsequently having jurisdiction over the development. The Notice shall set forth the amounts due, interest and attorney’s fees claimed, sufficient information by which the Lot on which the lien exists can be identified and the record Owner or Owners name or names. In the event for any reason the Notice is not accepted for record by the Clerk’s office or other public record office having jurisdiction, this filing requirement shall be satisfied by mailing a copy of the Notice by certified mail to the last known address of the Owner of record.
Section 7. Subordination of the Lien to Mortgages. The lien of the maintenance assessments provided for herein shall be subject and subordinate only to the lien of any first mortgage or first deed of trust now or hereafter placed upon the properties subject to the assessment.
General Protective Covenants & Restrictions Applicable to All Property within The Ponds Planned Community:
Purpose – In order to conserve the natural beauty of the subdivided property, to insure its best use and most appropriate development, to maintain and improve property values and to prevent the erection of poorly designed or constructed improvements, the entire area shown on the attached plat or any subsequent plat filed herewith brought under this Declaration shall be subject to the following protective Covenants and Restrictions hereinafter referred to as the General Covenants:
Section 1. Exclusive residential use and improvements. No lot shall be used except for residential purposes, except such lot designated for community or recreational use and no temporary building, trailer, garage, or building in the course of construction or other structure shall be used temporarily or permanently as a residence on any lot. No dwellings shall be erected, placed or permitted to remain on any lot other than one (1) single family residence and such outbuildings as are usually accessory to a single family residence including a private garage.
Section 2. Property Review and Enforcement. All property which is now or may hereafter be subject to this Deed of Dedication, Agreement and Declaration of Covenants, Conditions and Restrictions, is subject to Environmental and Architectural review. This review shall be in accordance with the provisions of Articles Eight and Nine and such standards as may be promulgated by the Board of Directors of the Association, the Environmental Control Committee, or the Architectural Review Committee. [6/2/92]
A. The Board of Directors shall have the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction, decisions of either committee.
B. The Environmental Control Committee (ECC) shall have exclusive jurisdiction over any original construction on the property or any changes thereto prior to the conveyance to a residential purchaser of such property and the completed original construction thereon by a builder (the term builder as hereinafter used does not include Grantor) to a residential purchaser.
The ECC shall be composed of three (3) members appointed by the Board of Directors of the Association and each shall be a property owner. The members so appointed by the Board of Directors of the Association shall be subject to removal by the Board, who shall appoint a new member upon such removal. A member who resigns from the ECC or otherwise vacates his/her position on the ECC shall be replaced by the Board of Directors of the Association within 30 days after presentment of the resignation to any member of the Board or the position is otherwise vacated. The ECC shall act on the basis of a majority vote of its members. The ECC shall have authority to promulgate regulations which further define the standards it will apply in carrying out its responsibilities, subject to the approval of the Board. The ECC shall be governed by the guidelines as set forth by the Covenants and Restrictions. [6/2/92]
C. The Architectural Review Committee (ARC) shall have exclusive jurisdiction over modifications, additions or alterations made on or to existing buildings, structures, or lots or any portion of the property after said buildings, structures, lots, or property on which the original residential construction has been completed and has been conveyed to a residential purchaser.
The ARC will be composed of three (3) members appointed by the Board of Directors of the Association and each shall be a property owner. Where possible, the Board will attempt to appoint members on a geographical basis to provide coverage of the entire subdivision. The Architectural Supervisor, also appointed by the Board of directors, shall be a bonafide voting member of the ARC and an official of the Association, regardless of residential status. Vacancies on the ARC will be addressed by the Board in the same manner as vacancies on the ECC. The ARC shall have authority to promulgate regulations which further define the standards it will apply in carrying out its responsibilities. In the event the question of jurisdiction cannot be readily determined either by the ECC or the ARC, the ECC shall be deemed to be the review entity with jurisdiction in such matters. [6/2/92]
Section 3. Committee Approval. No building, structure, alteration, addition or improvement of any character affecting the external appearance of a building or structure shall be constructed upon any portion of the property shown on the attached plat or any subsequent plat (hereinafter referred to as the “Plat”) unless and until a plan of such construction shall have been approved by the appropriate committee, as to quality of workmanship and materials, harmony of external design with surrounding structures, location with respect to topography, any finished grade elevation, the effect of the construction on the outlook from surrounding property and all other factors which will in their opinion affect the desirability or suitability of the construction. No construction shall commence and no lot shall be graded except in accord with such approved plan or a modification thereof, similarly approved. Among the matters considered by the ECC or ARC, will be the complete color scheme of the exterior of any dwelling, including brick color, roof color, and paint or stain colors. Paint or stain or exterior colors may not be changed after initial approval or at any time thereafter, without first obtaining written approval of such changes by the appropriate committee.
Neither the Environmental Control Committee, the Architectural Review Committee, nor any member thereof, shall be liable to the Association, any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, or specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development of any property within Seven Lakes, or (d) the execution and filing of any estoppel certificate, whether or not the facts therein are correct; provided, however, that with respect to the liability of a member, such member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of any of the foregoing provisions of this Section, the Environmental Control Committee, the Architectural Review Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Environmental Control Committee or to the Architectural Review Committee, whichever committee has jurisdiction. [8/17/92]
Section 4. Plan Submission. There shall be submitted to the appropriate Committee two (2) complete sets of plans and no proposed improvements of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations, and specifications therefore have received such written approval as herein provided. Such plans shall include plot plans, elevations, and specifications therefore as have received such written approval as herein provided. Such plans shall include plot plans showing the location on the lot of the building (see Section 3) wall, provisions for parking automobiles, fence, or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction materials, color schemes for roofs and exteriors thereof and proposed landscape planting. At the discretion of either committee, the committee may require for those matters over which it has jurisdiction that a filing fee of up to $50 shall accompany the submission of such plans to defray Committee expenses.
Section 5. Plan Review. The ECC or ARC, whichever committee has jurisdiction, shall approve or disapprove plans, drawings, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans, drawings, specifications and details with the approval or disapproval endorsed thereon shall be returned to the person submitting them and the other copy shall be retained by the committee for its permanent file.
The approval of the Environmental Control Committee or the Architectural Review Committee, whichever committee has jurisdiction, of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the ECC or ARC under this Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing specification or matter subsequently submitted for approval. [8/17/92]
Section 6. Grounds for Disapproval. The ECC or ARC, whichever committee has jurisdiction, shall have the right to disapprove any plans, specifications or details submitted to it in the event the same are not in accordance with all of the provisions of these Restrictions; if the design or color scheme of the proposed building or other structure is not in harmony with the general surrounding of such lot or with the adjacent buildings or structures; if the plans, specifications, or details of any part thereof, are deemed to be contrary to the interest, welfare or rights of all or any part of the real property subject thereto, or the owners thereof. The decision of the ECC or ARC shall be final.
Section 7. Promulgation of Regulations. Without conflict with County or State laws or regulations, the Association shall have the power to promulgate regulations controlling such matters as design of mailboxes, numbering of houses and lighting thereof, street signs, noise control, location of air conditioning compressors, location of light poles on property, off street and other parking of vehicles and building height control. Regulations controlling these matters will be uniformly applied.
Section 8. No Responsibility for Plans. Neither the ECC or ARC or any architect or agent thereof nor the Grantor shall be responsible in any way for any defect in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications.
Section 9. Usage only as Approved. No building or structure shown on the Plat or subsequently approved by the ECC or ARC shall be used for a purpose other than that for which the building or structure was originally designed, without the approval of the appropriate committee. No privy or other outside toilet facility other than part of a poolhouse or cabana shall be constructed or maintained on any lot except temporary facilities used in connection with construction.
Section 10. Landscaping, Obstruction, Trees. No fence, wall, trees, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic or as to interfere with the purpose for which easements have been established either as to installation, maintenance, or access. Except as may be required to comply with the prior sentence, no living tree of a diameter of more than four inches measured two feet above ground level, lying without the approved building, driveway and parking areas, shall be removed without the approval of the appropriate committee.
Section 11. Activities and Lighting. No nuisance or similarly offensive activity shall be carried on upon any portion of the Properties nor shall anything be done thereon that may be or become a nuisance to the neighborhood. No exterior lighting shall be directed outside the boundaries of a Lot or other parcel of the Properties. All permanent lighting on residential lots is to be within white or clear diffusers with any direct glare shielded from the street and adjoining properties.
Section 12. Setback Regulations. Setback regulations will depend largely on relationship to and effect upon adjacent dwellings and the preservation of natural beauty of the open spaces. The above requirement may be varied by the ECC in keeping with the overall objective of the development, provided that in no event shall any setback regulations be less than those required by an applicable public authority. Such variations may not be made without prior written notice to the affected abutting or adjacent property owner.
Section 13. Materials, Refuse and Fill. No material or refuse shall be placed or stored on any lot or other parcel of the Properties, nor shall it be placed in or near any water course or body of water, except as is required during the normal course of construction on the lot or parcel. Clean fill my be placed near a water course or body of water provided that the fill is properly baled to prevent siltation. Anti-siltation techniques shall be utilized on all construction sites.
Section 14. Slope Control. Within any slope control area shown on the applicable plans for any of the properties, no structure, planting or other material shall be placed or permitted to remain, nor shall any activity be undertaken, which may damage or interfere with established slope ratios, create erosion or sliding problems or change the direction of flow of drainage channels, or obstruct or otherwise retard the flow of water through drainage channels. The slope control areas of each lot or other parcel of the Properties and all improvements on them shall be maintained continuously by the owner of the lot or other parcel, except for those improvements for which a public authority or utility company is responsible.
Section 15. Excavation and Removal. No earth or other material shall be removed from any lot, except for necessary and approved excavation in connection with construction of improvements. No filling or dredging shall be done beyond lot lines without the express written approval of the ECC. All excavation is to be undertaken in a manner to prevent soil erosion. No excavated materials shall be permitted to be emptied into any water course or body of water on the Properties. Immediately upon conclusion of construction the owner of the Property on which such construction took place shall proceed to seed, plant and take other necessary safeguards to prevent erosion.
Section 16. Fencing and Screening. No fence, wall or trees, hedge or shrubs planted as a screen should be erected, begun or permitted to remain upon any portion of the Properties unless shown on the Plat and approved by the appropriate committee. Only 3/4 brown horse type wooden fencing or split rail wooden fencing shall be permitted or fencing of other similar character approved by the appropriate committee. Chain link fences shall not be permitted. When the appropriate committee approves any of the above to be located in an easement area as specified in Article XI, Section 3, it is with the understanding that removal may be required in order to perform maintenance in the easement area and that such items will not be replaced by the Association, the Grantor, the Management Corporation, or their successors and assigns.
Section 17. Maintenance of Property and Enforcement Costs. Each property owner shall from the date of purchase maintain his property in a trim condition so that it conforms to the character of the community in appearance. The Association shall have the right (upon 20 days written notice to the owner of the property involved setting forth the action intended to be taken, and if at the end of such time such action has not been taken by the owner) to trim or prune, at the expense of the owner, the hedge or other planting that in the opinion of the Board or appropriate committee, by reason of its location or the height to which or the manner in which it is permitted to grow, is detrimental to adjoining property or is unattractive in appearance. The Association shall further have the right, upon like notice and conditions, to care for any property, and to remove grass, weeds, and rubbish therefrom and to do any and all things necessary or desirable in the opinion of the Board or appropriate committee to keep such property in neat and good order all at the cost and expense of the owner, such cost and expense to be paid to the Association upon demand and if not paid within ten days thereof then to become a lien upon the property affected, equal in priority to the lien provided for in Article VII hereof.
Section 18. Water Bodies and Adjacent Lands. On lots or other parcels of the Properties within Seven Lakes:
A. No boat canal will be dug or excavated therein without the written approval of the ECC.
B. No bulkheading, barge, pier, docks, piling, float or other marine structure shall be erected adjacent to the lake or ponds or thereupon, except as shown on the subdivision Plat for the Properties as filed with the County, without the written approval of the ECC.
C. No power boat powered by other than an electric motor, and no boat of a length greater than 14 feet shall be used therefrom or launched into the waters having a common boundary therewith, or otherwise used in the lake or ponds, and no boat shall be moored so as to obstruct navigation in such waters.
D. No diving platform shall be constructed or permitted on any lot or in the lake or ponds except those constructed by the Grantor or the Association or as approved by the ECC.
E. No refuse of any kind shall be disposed of therefrom or placed therefrom in the adjacent waters.
F. Any obstruction, including sunken craft, shall be removed by the owner thereof, or the person responsible for or permitting same within forty-eight (48) hours, or the Board or ECC may cause this to be done and charge the cost thereof to the owner or the party responsible.
Section 19. Open Spaces. No lot or other parcel of land shown on the attached Plat or any subsequent Plat as open space (and which is an area in which no residential dwelling units are permitted) may be subdivided, built upon, altered, or modified except as provided on such Plat, or except in accordance with an amended final plan thereof approved as now or hereafter provided in the Zoning Ordinances of Stafford County, Virginia, or any amendment thereto. In no event, however, shall any additional residential dwelling units be permitted on land shown on such Plat as open space.
Section 20. Residential Building Area. No single family residential structure shall be permitted on any building site, the finished habitable area of which, exclusive of basements, porches, patios, attics and garages, is less than 2,600 square feet. Notwithstanding the limitation with respect to minimum square feet per residential structure habitable area, the ECC may permit such variances under authority of Article XIII, Section 8 of this Declaration as it determines will not be detrimental to the overall character of the community, in the event specific concerns for an individual lot are proven to prevent feasible development of such lot in conformance with the above standards. [6/2/92]
Section 21. Completion of Approved Plan Improvements. The exterior of all structures, including garage and driveway, shall be completed in accordance with the approval plans and specifications therefor as well as approved landscaping within a period of one year from the commencement of construction thereof.
Section 22. Refuse and Outside Burning. No outside burning of wood, leaves, trash, garbage or household refuse shall be permitted. In order to enhance the appearance and orderly disposition of all refuse, the exclusive right is reserved to the Grantor and the Association for themselves, their successors and assigns, to operate a commercial scavenging service within the Properties for the purpose of removing garbage, trash and other like household refuse. Such refuse operations shall be provided not less often than once each week on a day or days designated by the said Developer and Association or their successors or assigns. The charge to be made for such refuse collection and removal service shall be part of the assessments and shall be at a reasonable rate commensurate with the rates charged by commercial scavengers serving other communities of high standards and shall be subject to change from time to time. No trash shall be placed for pickup prior to dusk of the day preceding pickup and all receptacles must be removed by dusk of the day of pickup.
Section 23. Vehicles Other Than Cars. No boat, bus, camper, trailer, truck, recreational vehicle, commercial vehicle or any other vehicle other than a car or pickup truck shall be parked on the street or stored on any lot or building site, except within a garage, or screened area approved by the appropriate committee such that they are not visible from adjacent properties or roadways. Temporary variance may be granted for the purpose of repair, outfitting, visitors vehicles, or regular transportation such variance to be granted and/or revoked by the Association. On-street overnight parking shall not be permitted. Each Owner or Resident shall provide ample parking on their Lot for all vehicles stored there or used by them or their visitors.
Section 24. Restrictions on Further Subdivision. No Lot within Seven Lakes shall be further subdivided or separated into smaller Lots or parcels by any Owner, and no portion less than all of any such Lot, nor any easement (other than to recognized public or private utilities), shall be conveyed or transferred by an Owner without the prior written approval of the Board. This provision shall not, in any way, limit Declarant from separating into Lots of at least three (3) acres or more any property not yet platted or subdivided into such Lots owned by Declarant, or his successor. No portion of a Lot but for the entire Lot, together with the improvements thereon, may be rented, and only to a single family. [8/17/92]
Section 25. Right of Way. During reasonable hours, with notice, the Association, any member of the Environmental Control Committee, any member of the Architectural Review Committee, any member of the Board, or any authorized representative of any of them, shall have the right to enter upon and inspect any property within Seven Lakes, and the improvements thereon, except for the interior portions of any residence, for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry. [8/17/92]
Section 26. Damage and Destruction of Community Facilities or Properties by Owners. In the event any Community Facility or Property is damaged or destroyed by an Owner or any of his guests, tenants, licensees, agents or members of his family, such Owner does hereby authorize the Association to repair said damaged area, and the Association shall so repair said damaged area in a workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may be modified or altered subsequently by the Association, in the discretion of the Association. The amount of funds necessary for such repairs shall be paid by said Owner, upon demand, to the Association and the Association may enforce collection of same in the same manner as provided elsewhere in this Declaration for collection and enforcement of assessments. [8/17/92]
Residential Property Protective Covenants
The area shown on the attached Plat or any subsequent plat brought under this Declaration as residential property including single-family dwellings shall be subject, in addition to the General Covenants, to the following protective Covenants & Restrictions, hereinafter referred to as Residential Covenants:
Section 1. Residential Usage. No portion of the residential property shall be used except for residential or for purposes incidental or accessory thereto and except for model homes used by the Grantor, its affiliates, successors and assignees. Residences, however, may be used for business purposes by the Owner, subject to existing zoning regulations of Stafford County, and provided there are no external indications (i.e., signs, additional vehicles, noise) of such business, provided approval has been granted for same by the Board of Directors of the Association.
Section 2. Outdoor Laundry. No clothing, laundry or wash shall be aired or dried on any portion of the residential property in any area exposed to view from any other lot in a residential property area. Drying areas will be permitted only in locations approved by the appropriate committee and only when protected from view by screening or fencing approved by the appropriate committee.
Section 3. Signs. No portion of the residential property shall be used for the display of signs except for temporary signs erected by the Grantor, the Management Corporation, or in connection with construction, lease, or sale of buildings and lots or other parcels of property, unless approved by the appropriate committee.
Section 4. Animals. No animal of any kind shall be kept on any lot or parcel, other than horses and dogs, cats and other common household pets, provided that they are not kept for commercial purposes. No dog shall be allowed to run free except within the confines of the owner’s property.
Section 5. Antennas. On all lots in the existing plats and all subsequent plats, all communications antennas, including, but not limited to, satellite dishes such as but not limited to CB and Ham radios must be approved by the ARC and shall be appropriately screened. No antenna shall be visible from the road.
Section 6. Foundations. Foundation walls must be of either brick, natural stone, purged and painted concrete block, or painted concrete. In addition, any side or rear foundation wall with four feet, or greater of exposure above grade shall have screen planting. Front elevation, or any elevation directly facing a roadway may have no exposed foundation. The builder shall submit sample planting plans to the ECC.
Section 7. Walls. Walls shall be constructed with vinyl siding or masonry. Any masonry walls must be either brick, natural stone or decorative, textured stucco. [9/14/92]
Section 8. Outbuildings. Outbuildings shall be compatible with the architecture of the residential structure. Structures located within a wooded area may be constructed of wood and allowed to weather naturally. The ARC may require landscaping to soften the visual impact of the outbuilding. There shall be no tree houses or metal buildings allowed.
Section 9. Retaining Walls. The ARC shall approve retaining wall construction which shall be conformed to the use of railroad ties, landscaping timbers, stone, brick or reinforced concrete with brick veneer.
Section 10. Trash and Refuse Storage. All trash, garbage, and refuse stored outside a dwelling shall be stored in covered, underground receptacles, unless screened from view of adjacent lots and roadways.
Section 11. Drilling, Mining. No drilling (other than for water or for the provision of septic systems for use by the residents of the lot, refining or mining operations of any kind, or quarrying, or any related or similar activities shall be permitted upon, or in any lot, nor shall wells other water wells for use by the lot residents, above ground tanks, tunnels, excavations or shafts (other than for such septic systems) be permitted upon or in any of the lots covered by the Covenants.
Section 12. Driveways. Driveways, access and aprons, shall be paved with asphalt or concrete within one year from completion of construction of the house on the Lot and conform to prevailing Stafford County standards. [9/14/92]
Section 13. Outdoor Mechanical Equipment. All exterior mechanical equipment on any Lot such as air conditioning units, heat pumps, pool heaters and pumps shall be visually and acoustically screened from all other Lots.
Section 14. (Reserved)
Section 15. (Reserved)
Section 16. Swimming Pools. No swimming pool of the above-ground type may be constructed or installed on a Lot within the Seven Lakes subdivision. [8/17/92]
Section 1. Pedestrian ways, Horse trail Maintenance. The Association shall maintain all pedestrian systems, and horse trails, including provision of adequate lighting, until such time as the maintenance of same is assumed by a public body.
Section 2. Private Streets. The Association shall also maintain all private streets until such time as the same may be accepted for maintenance by a public body, and in so doing shall promulgate and enforce all regulations necessary to the governing of the use and enjoyment of such streets. Owners of Lots will in no way be denied access to their lots.
Section 3. Limitation on Liability. The Association shall not bear any greater liability in discharging its responsibilities under Article Three than would a municipality if it owned such facilities.
Section 1. Use of Community Facilities; Information to Residents. Any Owner may delegate, in accordance with the By-Laws of the Seven Lakes Homeowners Association, his right of enjoyment to the Community Facilities to the members of his family, his tenants, or contract purchasers who reside on the Properties. However, every lot owner, by accepting a deed to such Lot, covenants that should the Owner desire to lease or rent his Lot that the lease or rental agreement shall contain specific conditions which require the lessee/renter to abide by the Declaration of Covenants, Conditions and Restrictions, the By-Laws of the Seven Lakes Homeowners Association, Inc., and all Rules and Regulations and that the lessee/renter will be provided a complete set of all Association documentation and any and all Rules and Regulations.
Section 2. Application of These Covenants, etc. All Covenants, Conditions, Restrictions and Rules and Regulations stated in this document shall apply to Residents of any Lot. It shall be the obligation of the property owner to provide the Resident with copies of these documents.
Section 3. Easements. Easements and rights of way are hereby expressly reserved to the Association and the Grantor and its successor and assigns, through all areas shown on the Plat of the property as easements and such additional easements as specified below for the following purposes:
A. An easement and right of way shall be provided on each lot, fifteen (15) feet inside any lot line not adjacent to another lot line or open area and seven and one-half (7.5) feet inside any lot line that is adjacent to another lot line or open area for the access, erection, installation, construction and maintenance of (i) poles, wires, lines and conduits and the necessary or proper attachments in connection with the transmission of electricity, telephone, community antenna television cables and other utilities and similar facilities, and (ii) stormwater drains, land drains, public and private sewers, pipe lines for supplying gas, water and heat, and for other public or quasi-public utility, facility, service or function, whether above ground or underground, and (iii) for the installation, construction, and maintenance of pedestrian systems, and (iv) horse trails, and (v) slope control.
B. The parties hereto acknowledge that The Properties are subject to an existing VEPCO easement upon the Property which is not affected by this Deed of Dedication and Declaration. This easement is shown on the Plat and is reflected in individual lot plats and deeds.
C. For slope control purposes, including the right to grade and plant slopes and prevent the doing of any activity which might interfere with slope ratios determined or approved by the Grantor, its successors and assigns, or which might create erosion or sliding problems or change, obstruct or retard drainage flow.
D. The Grantor and the Association, their representatives, agents, successors, and assigns shall have the right of ingress to the easement areas and they may enter upon each Lot or parcel for the purposes for which said easements and right of way are reserved, provided, however, that any damage resulting from the installation, maintenance, or other repair of underground utilities or other facilities shall promptly be repaired or replaced at the expense of the corporation or utility which directed the entry, except as qualified in Section 16.
Section 4. Lake Flowage Easement. Every Lot lying contiguous to the (the largest pond) shall be subject to the flowage easement to an elevation of the Lot equal to the high-water-elevation of the Lake plus one foot.
Section 5. Easements for Maintenance of Lake, Ponds. Easements and right of ways are hereby expressly reserved to the Association and the Grantor and their successors and assigns across and through the lakefront portion of each of the Lots which contain the lake or the portions of the Lots containing the ponds as is reasonably necessary in connection with the operation and maintenance of the lake and the ponds except as provided in Section 6 hereof.
Section 6. Maintenance of Lake and Ponds. Except for the ponds located on property owned by the Association, the lake and the other ponds shall be and remain the private property of the owners of the Lots on which such bodies of water are located. The Owners and Residents of each such lot containing a body of water shall have an easement of use of such body of water or portion thereof located on other Lots. The Association will be responsible for maintaining the ponds and the lake and the dam, spillway and (other structures) required for the preservation of the lake and the ponds but the Association may delegate, without divesting itself of responsibility, the maintenance of the bodies of water to the Owners of the lots on which they are located.
Section 7. Elevation of Lake Level. The Association and the Grantor reserve unto them and their successors and assigns the right to raise and lower the elevation of the lake, but this shall not include the right to raise the high-water elevation above that indicated on the attached Plat or any subsequent plat by increasing the height of the drain or spillway or otherwise.
Zoning and Specific Restrictions
Section 1. Conformance with laws, regulations. The restrictions and covenants in this Declaration shall not be taken as permitting any action or thing prohibited by zoning laws, or the laws, rules or regulations of any governmental authority, or by specific restrictions imposed by any deed or lease. In the event of any conflict, the most restrictive provisions of such laws, rules, regulations, deeds, leases or the restrictions herein contained shall be taken to govern and control.
Section 1. Duration and Amendment. The Covenants, Conditions and Restrictions contained in this Declaration shall run with and bind the land, and shall inure to the benefit of and shall be enforceable by the Grantor, the Association or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns for a term of thirty (30) years, after which time said Covenants, Conditions and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of at least three fourths (3/4) of the Lots and approval by resolution of the governing body have been recorded among the Land Records of Stafford County, Virginia, or in such other place of records that may be proper at the time of obtaining execution of such agreement, agreeing to change such Covenants, Conditions and Restrictions in whole or in part; provided, however, that no such agreement to change shall be effective unless made and recorded and provided that any amendment shall not impair any existing contract.
Section 2. Amendment Procedure. During the first thirty (30) years or until the year 2019, amendments may be made as follows:
A. This Declaration may be amended through October 19, 2018, the balance of the first thirty years under this Declaration after the amendment of this section, by consent of two-thirds (2/3) of the members of the Association in accordance with Article V of this Declaration, and by consent of the governing body of the Association. Amendments properly adopted by the Board prior to the effective date of the amendment to this Declaration which deleted the Board’s authority to amend Articles Eight and Nine remain valid until otherwise amended under authority of this revised section. [9/14/92]
B. Amendments may be proposed by the Board of directors or by petition signed by members of the Association representing at least ten percent (10%) of the votes of the membership. Any amendments so proposed shall be made part of the agenda for the next Annual or Special Meeting as set by the Board of Directors.
C. No amendment by whatever procedure made shall impair any existing contract.
Section 3. Partial Invalidity. Invalidation of any of these Covenants and Restrictions by judgment or court order shall in no way effect the remaining Covenants, Conditions and Restrictions.
Section 4. No Condition Subsequent. No Covenant, Condition or Restriction herein is intended to be, or shall be construed as, a condition subsequent or reverter so as to deprive any Lot Owner of any of his vested ownership rights.
Section 5. Protection of Mortgage and Other Liens. No violation of any Covenant, Condition, or Restriction herein shall defeat or render invalid the lien of any mortgage or deed of trust now on or hereafter placed upon any Lot, but any purchaser at any trustee’s, mortgagee’s or foreclosure sale shall be bound by the Covenant, Condition and Restrictions from and after the date of such purchase.
Section 6. Headings. The heading of the Articles herein are for convenience only and shall not affect the meanings or interpretations of the contents thereof. All references to singular terms or parties shall include the plural where applicable, and the plural shall also include singular where applicable.
Section 7. Rules for Interpretation and Enforcement. The Association and the ARC and ECC to the extent specifically provided herein, may adopt and promulgate reasonable rules and regulations regarding the administration, interpretation and enforcement of the provisions of this Declaration.
Section 8. Variances. In order to overcome practical difficulties and to prevent unnecessary hardships in application of the provisions contained herein, the Association may allow reasonable variances and adjustments of the Covenants, Conditions and Restrictions; provided, however, that such is done in conformity with the content hereof, and provided also that in every instance such variance or adjustment will not be detrimental or injurious to other property or improvements or the character of the community.
Section 9. Successors and Assigns. Each grantee accepting a deed, lease, or other instrument conveying any interest in any Lot, whether or not the same incorporates or refers to these Covenants, Conditions and Restrictions, covenants himself, his heirs, successors and assigns to observe, perform and be bound by these said Covenants and to incorporate the same by reference in any deed or other conveyance of all or any portion of his interest in any real property subject thereto.
Section 10. Personal Liability. No member of the Board of Directors or any Committee of the Association, or any officers of the Association, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, the Board, or any other representative or employees of the Association, or the Environmental Control Committee, the Architectural Review Committee, or any other Committee, or any officer of the Association, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith, without willful or intentional misconduct. [9/14/92]
ORIGINALLY FILED STAFFORD COUNTY 10/19/88
SEVEN LAKES HOMEOWNERS ASSOCIATION, INC.
TO SEVER CERTAIN PROPERTY FROM THE EXISTING PROPERTY SUBJECT TO THE DEED OF DEDICATION AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, SEVEN LAKES HOMEOWNERS ASSOCIATION, INC.
WHEREAS, certain property was platted in the County of Stafford, Virginia, as constituting the Existing Property of Seven Lakes Homeowners Association, Inc., as described in Article II, Section l, of the Deed of Dedication Agreement and Declaration of Covenants, Conditions and Restrictions, Seven Lakes Homeowners Association, Inc., as recorded in Deed Book 644, at Page 097, as amended, among the land records of Stafford County, Virginia;
WHEREAS, a portion of this property, identified in the previous Grantor, Devonland, Inc., promotional material as Lots 91, 92 and 93 do not have direct access to the streets planned and/or existing within the confines of the Existing Property of Seven Lakes Homeowners Association, Inc.;
WHEREAS, any subsequent owner or owners of the property identified as Lots 91, 92 and 93 would gain access to any Seven Lakes amenities only by traveling down State Route 627 (Mountain View Road) and thence down State Route 648 (Stefaniga Road), a distance of over four miles, to gain entrance to Seven Lakes Homeowners Association Inc.;
WHEREAS, the Board of Directors, Seven Lakes Homeowners Association Inc., after due consideration and discussion of the issues involved, as recorded in the minutes of a Special Board Meeting Conducted on November __, 1993, has recommended that the limited property identified as Lots 91, 92 and 93 be severed from and placed outside the metes and bounds of the Existing Property constituting Seven Lakes community;
WHEREAS, in consideration for the granting of such a severance of property by the Membership of Seven Lakes Homeowners Association, Inc., the current owner of Lots 91, 92 and 93 has agreed to pay any and all maintenance fees, penalties, and interest charges applicable to said lots, the attorney fees incurred by Seven Lakes Homeowners Association, Inc. in this matter, any filing costs associated with the amendment of the Deed of Dedication and Restrictions for Seven Lakes, and the sum of $ 3,000.00 (Three Thousand Dollars) per lot as compensation to the Association for loss of future revenue to the Association from said lots and,
WHEREAS, the current owner agrees that neither he nor any successor in title to Lots 91, 92 and 93 shall, with the approval of this motion and payment by the current owner of the monies described above, have no further rights under the Deed of Dedication Agreement and Declaration of Covenants, Conditions and Restrictions for Seven Lakes, unless by subsequent action at a future date pursuant to Article II, Section 3, one or more of said lots is added to the Existing Property.
NOW THEREFORE, at a duly called special meeting of the Membership of the Association held November __, 1993, by consent of two-thirds (2/3) of the Members of the Association, it was agreed in accordance with the foregoing that Lots 91, 92 and 93 be severed from the Existing Property of Seven Lakes and that the Deed of Dedication Agreement and Declaration of Covenants, Conditions and Restrictions for Seven Lakes be amended and filed in the land records of Stafford County, Virginia, to exclude said property from the metes and bounds of Seven Lakes as described in Article II, Section 1 of said Deed of Dedication Agreement and Declaration of Covenants, Conditions and Restrictions, PROVIDED, that prior to filing of such amendment by counsel for the Association, the current owner of Lots 91, 92 and 93 has paid all monies due the Association as set out in the foregoing.