LANDMARK HOMEOWNERS ASSOCIATION DOCUMENTS

Transcription

1 LANDMARK HOMEOWNERS ASSOCATON DOCUMENTS

2 LANDMARK HOMEOWNERS ASSOCATON DOCUMENTS DSCLOSURE STATEMENT, BUDGETS AND NFORMATON BROCHURE Virginia Prperty Owner's Assciatin Act Sectin Disclsure Statement, prepared May 2001 Landmark Hmewners Assciatin Fiscal Year 2001 Budget, dated May 25, 2001 Landmark Hmewners Assciatin Estimated 10-Year Operating Budget, December 1, 2000-December 31, 2009, dated April 30, 2000 nfrmatin Brchure and List f Land and Buildings, dated May 29, 2000 ARTCLES OF NCORPORATON, DECLARATON AND BY-LAWS Certificate f ncrpratin f Landmark Hmewners Assciatin, dated May 19,2000 Articles f ncrpratin f Landmark Hmewners Assciatin, dated May 16, 2000 Declaratin f Cvenants, Cnditins and Restrictins Landmark, dated September 5, 2000 and recrded n December 13,2000 Bylaws f Landmark Hmewners Assciatin, nc., dated September 5,2000 SUBDVSON AND EASEMENT DEEDS Deed f Subdivisin, dated Octber 24, 2000 and recrded n December 13,2000 REVSED THROUGH MAY 25,2001

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4 LANDMARK HOMEOWNERS ASSOCATON DOCUMENTS DSCLOSURE STATEMENT, BUDGETS AND NFORMATON BROCHURE

5 LANDMARK HOMEOWNERS ASSOCATON Virginia Prperty Owners' Assciatin Act Sectin Disclsure Statement This disclsure statement is being prvided pursuant t Sectin f the Virginia Prperty Owners' Assciatin Act. t was prepared in May 2001 t be prvided t the initial purchasers f hmes within Landmark Hmewners Assciatin. Management Cmpany: Armstrng Management Services, nc Pender Drive, Suite 205 Fairfax, Virginia The name f the Assciatin is Landmark Hmewners Assciatin, lcated in Alexandria, Virginia. t is incrprated in the Cmmnwealth f Virginia. The registered agent f the Assciatin is Sara T. O'Hara. The address f the registered agent is Culbert & O'Hara, PLC, 30-C Catctin Circle, Leesburg, Virginia A statement f any expenditure f funds apprved by the Assciatin r the Bard f Directrs which shall require an assessment in additin t the regular assessment during the current r the immediately succeeding fiscal year. At this time, there are n apprved fund expenditures that require an assessment beynd the regular assessment. The decisin t incur any expenses will be made by the Bard f Directrs f the Assciatin at the end f each year in cnjunctin with the preparatin and adptin f a budget fr the Assciatin fr the fllwing year. 3. The Virginia Prperty Owners' Assciatin Act requires that a statement be includedwhich indicates what the Assciatin's assessments will be fr a particular lt. The assessments charged by the Assciatin are mnthly assessments. Assessmentsare due n the first day f each mnth. The mnthly assessment fr the year 2001 is $ The lt wner has use f all cmmn areas. 4. The Virginia Prperty Owners' Assciatin Act requires that a statement be includedwhich disclses whether there is any entity r facility t which the lt wner may be liable fr fees r ther charges. There is n ther entity r facility t which Landmark Hmewners Assciatin, nc. is a prtin f. 5. The Virginia Prperty Owners' Assciatin Act requires that a statement be includedwhich prvides a summary f the status and amunt f any reserve r replacement fund, and any prtin f the fund allcated by the Bard f Directrs fr a specified prject. The financial statements will be generated quarterly after the initial settlements ccur. 1

6 6. The Virginia Prperty Owner's Assciatin Act requires that a cpy f the current budget r a summary theref prepared by the Assciatin, and a cpy f its statement f incme and expenses r statement f its financial cnditin fr the last fiscal year fr which such statement is available. A cpy f the mst recent Assciatin budget is enclsed. 7. The Virginia Prperty Owners' Assciatin Act requires that a statement be included which indicates the nature f any pending suit r unpaid judgement t which the Assciatin is a party, r culd r wuld have a material impact n the Assciatin r its members, r which relates t the lt being purchased. The Assciatin is nt aware f any pending suit r unpaid judgement t which the Assciatin is a party. 8. The Virginia Prperty Owners' Assciatin Act requires that infrmatin be prvided n the insurance cverage being maintained by the Assciatin. The initial insurance cverage btained by the Assciatin includes a general liability insurance plicy and a hazard plicy t cver damage t the cmmn elements f the Assciatin. The amunt f cverage btained by the Assciatin will increase ver time as additinal lts are added t the Assciatin and as additinal cmmn element facilities are cnstructed. The insurance cmpany fr the Assciatin is Natinwide. The agent is Jhn Martin. The phne number fr Jhn Martin is Additinal infrmatin n the insurance cverage held by the Assciatin can be btained thrugh this agent. Each unit wner shuld btain the apprpriate insurance cverage fr his r her lt and hme. 9. The Virginia Prperty Owners' Assciatin Act requires that a ntice be prvided indicating whether r nt any imprvement r alteratin made t the lt, r uses made f the lt r the cmmn area assigned theret, are in vilatin f any f the gverning dcuments f the Assciatin. Any imprvements r alteratins made t the lt, r uses made f the lt r cmmn area assigned heret, are based upn arrangements made between the Declarant f the Assciatin and the builder f yur hme. The Assciatin has nt inspected any individual hme r lt prir t its being cnveyed t the initial hmewner t determine whether r nt it is in cmpliance with the cvenants and architectural guidelines f the Assciatin. Such an inspectin can be requested by the builder r by the initial purchaser prir t settlement by submitting a written request fr an inspectin t the Management Agent. 10. The Virginia Prperty Owners' Assciatin Act requires that a statement be made setting frth any restrictin, limitatin r prhibitin n the right f a lt wner t place a sign n the wners' lt advertising the lt "Fr Sale." 2

7 Guidelines have been established in the Declaratin f Cvenants, Cnditins and Restrictins in Article V, Sectin A statement setting frth any restrictin, limitatin, r prhibitin n the right f a lt wner t display a flag n the wner's lt including, but nt limited t reasnable restrictins as t the size, place and manner f placement r display f such flag and the installatin f any flagple r similar structure necessary t display such flag. At this time, there are n written limitatins n an wner t place a flag n his r her lt. Hwever, any installatin f free standing flag ples must be apprved prir t installatin. 12. Cpies f the fllwing dcuments are enclsed; Article f ncrpratin, Declaratin f Cvenants, Cnditins, Restrictins, By-Laws, Deed f Subdivisin, nfrmatin Brchure, and Sample Cntract Addendum. Almst any exterir mdificatin t yur hme r lt (including decks, fences, paving, significant landscaping, painting yur hme a different clr, etc.) must be apprved in advance by the Assciatin. Cntact the Assciatin's management agent fr mre infrmatin r if yu have any questins. 13. The Virginia Prperty Owners' Assciatin requires prf that the Assciatin is registered as an assciatin with the Virginia Real Estate Bard. The Assciatin's management agent has filed the apprpriate reprt and fee with the Virginia Real Estate Bard and is waiting n the Certificate f Registratin. This Disclsure Statement was prepared by the Assciatin's Management Agent in May t is the bligatin f the seller t prvide it t the purchaser. The Assciatin has n bligatin t deliver it t the purchaser. This Disclsure Statement will nt, in and f itself, be deemed a security within the meaning f Sectin f the Cde f Virginia. Representative - Ryland Hmes Lt # r Street Address Purchaser Date Received 3

8 LANDMARK HOMEOWNERS ASSOCATON 2001 OPERATNG BUDGET September 1 - December 31, /25/01 le.m NCOME UNT OWNER ASSESSMENTS NTAL ASSESSMENT LATE FEES NTEREST TOTAL NCOME $ $ 4,200 3, ,610 EXPENSES - ADMNSTRATVE AUDT & TAX RETURNS NCOME TAXES NSURANCE MANAGEMENT SERVCES LEGAL SERVCES PRNTNG & POSTAGE COUPONS & BANK CHARGES BAD DEBT ENGNEERNG STUDY MSCELLANEOUS SUB-TOTAL $ $ 1,100 1, ,720 EXPENSES - MANTENANCE COMMON AREA MANTENANCE TRASH REMOVAL GROUNDS MANTENANCE SNOW PLOWNG COMMON ELECTRCTY SUB-TOTAL $ $ ,500 1, ,355 EXPENSES - REPLACEMENT RESERVES ASPHALT PAVEMENT $ 324 CONCRETE 275 ASPHALT TRAL 29 ENTRANCE FEATURE 222 MALBOX KOSKS 150 WALLS 156 FENCE 193 STREET LGHTS CONCRETE PAVERS GAZEBO BENCHES SUB-TOTAL $ 1,349 TOTAL OPERATNG EXPENSE $ 7,424 GENERAL OPERATNG RESERVE $ 186 GRAND TOTAL EXPENSE $ 7,610 GRAND TOTAL NCOME $ 7,610 NET NCOME (LOSS) $ 0 Mnthly Assessment is $70.00per Settled Lt

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13 ! LANDMARK HOMEOWNERS ASSOCATON NFORMATON BROCHURE A hmewners' assciatin is a nn-prfit, nn-stck crpratin which is stablished fr the purpses f prviding fr the maintenance, preservatin and rchitectural cntrl f residential lts, wning, imprving, maintaining and preserving the mmn area lcated within the subdivisin, and prmting the health, safety and welfare pf the residents within the area nw r hereafter cming under its jurisdictin. This ~nfrmatin Brchure cntains cndensed versins f sme f the prvisins f the hmewners' assciatin's dcuments. Please review the actual hmewners' bssciatin dcuments fr mre detail. n accrdance with apprved Rezning Applicatin RZ 1999-MA-0006,purchasers re hereby ntified that (a) the main entrance alng Beauregard Street may, in the future, ~e limited t right-in and right-ut vehicular mvements nly; and (b) it is pssible the futhern entrance nt Beauregard Street may be clsed in the future and the site ntrance relcated t the nrthern site frntage n Chambliss Street at such time that an nterchange is cnstructed at Beauregard Street. The prperty currently planned t be wned, leased r maintained by the ssciatin is Parcel A, LANDMARK as shwn n a plat f subdivisin recrded amng he Fairfax Cunty land recrds (the "Cmmn Area"). Additinal Cmmn Area may be acquired by the Assciatin in the future. The Assciatin will be respnsible fr ~anagement and maintenance f the Cmmn Area and facilities lcated theren, n,cludingthe private streets. The Assciatin may als be respnsible fr maintenance ff sme easement areas. Each Owner shall be respnsible fr the prper maintenance ~f its lt. f an Owner fails t prperly maintain its lt, the Assciatin may chse t raintain it and charge the Owner therefr. Certain peratins f the Develpment are gverned by Landmark Hmewners Assciatin. knwn infrmally as the "Assciatin" r "HOA". The recrd wner f a lt ithin the Develpment shall be a member f the Assciatin and such wnership is the le qualificatin fr membership in the Assciatin. The Assciatin shall have tw (2) asses f vting membership,"a" and "B". The Declarant (The Ryland Grup, nc.) presently cntemplates that when fully evelped, the Landmark subdivisin (the "Develpment") will cntain 45 twnhmes. he Develpment is nt within r a part f anther develpment. The Assciatin may nnex additinal area t the Declaratin with the cnsent f at least sixty-seven percent 67%) f each class f Members and the required percentage f the hlders f ntes ecured by first deeds f trust. Any future imprvements n annexed prperty must be nsistent with r better than the initial imprvements. Annexatin f additinal areas ay result in an increase in the membership f the Assciatin. ri 1/!! 1

14 Class A: Class A Members shall be the recrd wner f a lt, with the exceptin f the Declarant, and shall be entitled t ne (1) vte fr each lt wned. When mre than ne (1) persn hlds an interest in any lt, all such persns shall be members f the Assciatin, but there shall be n mre than ne (1) vte fr any lt. Class B: Class B Members shall be the Declarant and certain f its successrs r assigns, and shall be entitled t three (3) vtes fr each lt wned. The Class B membership shall cease and be cnverted t Class A membership n he happening f ne f the fllwing events, whichever ccurs first: (a) (b) within fur (4) mnths after the ttal vtes utstanding in the Class A membership equal the ttal vtes utstanding in the Class B membership; r seven (7) years frm the date f recrdatin f the Declaratin. The Assciatin shall be gverned by a Bard f Directrs which shall initially be amed by the Declarant and thereafter elected at an annual meeting f the members. he Bard shall cnsist f three (3) directrs whse typical term shall be fr three (3) ears. The Bard shall elect the fllwing fficers fr the Assciatin: president and vice resident wh shall be members f the Bard f Directrs, treasurer and secretary. The ard f Directrs, either directly r thrugh the Architectural Review Bard appinted by he Bard, shall cntrl any exterir prperty change. n the event a prvisin f the eclaratin f Cvenants, Cnditins and Restrictins (the "Declaratin") is vilated, the ssciatin r any lt wner shall have the right t take actin t crrect the vilatin. An wner may be liable fr the acts f its tenants r guests fr a vilatin f a cvenant r amage t the Cmmn Area in accrdance with applicable law. n accrdance with pprved Rezning Applicatin RZ 1999-MA-0006, purchasers are hereby ntified that ny cnversin f a garage that will preclude the parking f vehicles within the garage is rhibited. This cvenant is included in the Declaratin and runs t the benefit f the ssciatin and Fairfax Cunty. The management agent is a prfessinal cmpany, nt ffiliated with the Declarant. The initial annual assessment fr all Lts except unccupied Lts wned by the eclarant shall be Eight Hundred Frty Dllars ($840.00). At the time f settlement f a t frm the Declarant t the new wner, a ne-time wrking capital payment equal t ne-sixth (1/6) f the annual assessment shall be paid by the new wner. The annual r, ssessment must include the csts t acquire and maintain public liability and hazard nsurance fr the Cmmn Area and the cst f such ther insurance as the Assciatin tnay elect. When nt paid, an assessment shall be a charge n the land and shall be a bntinuing lien upn the prperty against which the assessment is made. f an 'rssessment is delinquent fr thirty (30) days r mre, the Assciatin may take legal actin, such as file a law suit. N wner may waive r therwise escape liability fr an ssessment because f abandnment f its lt r lack f use f the Cmmn Area. 2

15 The Assciatin may be disslved with the cnsent f mre than tw-thirds (2/3) f each class f members and the required percentage f the hlders f ntes secured by irst deeds f trust n any lts r the Cmmn Area wh have ntified the Assciatin f heir first mrtgagee status. A merger f the Assciatin with anther entity may result in an increase in the membership f the Assciatin. \st\ryland\landmark\inf bre X (05/29/00) 3

16 LANDMARK HOMEOWNERS ASSOCATON List f Land and Buildings The land t be wned by Landmark Hmewners Assciatin will be Parcel A, LANDMARK, and will include a public trail, sidewalks, entrance feature/wall, gazeb, benches, retaining walls, wden fences, and strm water management facilities. --,--~

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18 LANDMARK HOMEOWNERS ASSOCATON DOCUMENTS ARTCLES OF NCORPORATON, DECLARATONS AND BY-LAWS

19 STATE CORPORATON COMMSSON 1?jclimnd; 9vlay 19, 2000 'This is t Certify that the certificate f incrpratin f Landmark Hmewners Assciatin was this day issued and admitted t recrd in this ffice and that the said crpratin is authrized t transact its business subject t all 'Virginia Cawsapplicable t the crpratin and its business. Pffective date: 9V1ay19, 2000.State Crpratin Cmmissin Jlttest: CS0436

20 ARTCLES OF NCORPORATON OF LANDMARK HOMEOWNERS ASSOCATON n cmpliance with the requirements f Chapter 10 f Title 13.1 f the Cde f Virginia (the "Act"), the undersigned hereby frms a nn-stck crpratin, nt fr prfit, and certifies: ARTCLE The name f the crpratin is Landmark Hmewners Assciatin (the "Assciatin"). ARTCLE The principal ffice f the Assciatin is lcated at Waples Mill Rad, Suite 1~O, Fairfax, Virginia, 22030, in Fairfax Cunty, Virginia. ARTCLE The Assciatin's initial registered ffice is lcated at 8221 Old Curthuse Rad, Vienna, Virginia in Fairfax Cunty, Virginia. Sara T. O'Hara, wh is a resident f Virginia and a member f the Virginia State Bar and whse business address is the same as that fr the registered ffice, is the initial registered agent f the Assciatin. ARTCLE V PURPOSE AND POWERS OF THE ASSOCATON The Assciatin des nt cntemplate pecuniary gain r prfit t its members, and the specific purpses fr which it is frmed are t prvide fr maintenance, preservatin and architectural cntrl f residential lts, and t wn, imprve, maintain and preserve the Cmmn Area within the Landmark Subdivisin in Fairfax Cunty, Virginia, and t prmte the health, safety and welfare f the wners and residentswithin such areas as may cme within the jurisdictin f the Assciatin and any additins theret as may be brught within the jurisdictin f the Assciatin by annexatin, as prvided fr herein, and fr these purpses shall have the pwer: 1. t exercise all f the pwers, rights and privileges and t perfrm all f the duties and bligatins f the Assciatin as set frth in the Declaratin f Cvenants, Cnditins and Restrictins fr the Assciatin, recrded r t be recrded in the Office f the Clerk f the Circuit Curt f Fairfax Cunty, Virginia, and as the same may be amended frm time t time (the "Declaratin"), and as set frth in the By-Laws f the Assciatin, said Declaratin and By-Laws being incrprated herein by reference; 1

21 2. t fix, levy, cllect, and enfrce payment f, by any lawful means, all, charges r assessments pursuant t the terms f the Declaratin; t pay all expenses including all licenses, taxes, r gvernmental charges levied r impsed against the Assciatin r the prperty f the Assciatin; 3. t acquire (by gift, purchase r therwise), wn, hld, imprve, build upn, perate, maintain, encumber, cnvey, sell, lease, transfer, dedicate fr public use, r therwise dispse f real r persnal prperty; 4. t brrw mney; 5. t build facilities upn land wned r cntrlled by the Assciatin; 6. t create subsidiary crpratins in accrdance with Virginia law; and 7. t have and t exercise any and all pwers, rights and privileges which a crpratin rganized under the Act may nw r hereafter have r exercise. ARTCLEV MEMBERSHP Every Owner (as defined in the Declaratin) f a Lt (as defined in the Declaratin) which is subject by cvenants f recrd t assessment by the Assciatin shall be a Member f the Assciatin. Membership shall be appurtenant t and may nt be separated frm wnership f any Lt which is subject t assessment by the Assciatin. Ownership f such Lt shall be the sle qualificatin fr membership. N Owner shall have mre than ne (1) membership in the Assciatin fr each Lt it wns. ARTCLE V VOTNG RGHTS Sectin 1. The Assciatin shall have tw (2) classes f vting membership: Class A: Class A Members shall be all Members with the exceptin f the Class B Member. A Class A Member shall be entitled t ne (1) vte fr each Lt in which it hlds the interest required fr membership by Article V. Class B: The Class B Member(s) shall be the "Declarant" (as defined in the Declaratin). A Class B Member shall be entitled t three (3) vtes fr each Lt in which it hlds the interest required fr membership by Article V. Class B membership shall cease and a Class A membership with ne (1) vte fr each Lt in which it hlds an interest shall issue n the happening f any f the fllwing events, whichever ccurs first: 2

22 (a) within fur (4) mnths after the ttal vtes utstanding in the Class A membership equal the ttal vtes utstanding in the Class B membership; r (b) seven (7) years frm the date f recrdatin f the Declaratin. Sectin 2. Upn annexatin f additinal prperties pursuant t the Declaratin and in the event that Class B membership shall have ceased as hereinabve prvided, Class B membership shall be revived with respect t all Lts wned by the Declarant, which Class B membership shall cease and be cnverted t Class A membership n the happening f any f the fllwing events, whichever ccurs first: (a) within fur (4) mnths after the ttal vtes utstanding in the Class A membership in the annexed prperty equals the ttal vtes utstanding in the Class B membership in such annexed prperty; r (b) seven (7) years frm the date f recrdatin f the dcument annexing such prperty. Sectin 3. Multiple wnership interests. f mre than ne (1) persn hlds an wnership interest in any Lt, the vte fr such Lt shall be exercised as the Owners f the Lt amng themselves determine, and may be exercised by anyne (1) f the peple r entities hlding such wnership interest, unless any bjectin r prtest by any ther hlder f such wnership interest is made prir t the cmpletin f a vte, in which case the vte fr such membership shall nt be cunted, but the Member whse vte is in dispute shall be cunted as present at the meeting fr qurum purpses if the prtest is ldged at such meeting. n n event shall mre than ne (1) vte be cast with respect t any Lt. ARTCLE V. BOARD OF DRECTORS The affairs f the Assciatin shall be managed by a bard f directrs,'wh need nt be members f the Assciatin. The initial number f directrs shall be three (3), which number may be increased t as many as five (5) r t anther number pursuant t the Assciatin's By-Laws. The names f the persns wh are t act in the capacity f the initial bard f directrs f the Assciatin until the selectin f their successrs are David A. Ostrander, Kenneth A. Berg and Jhn F. Dec. At the first annual meeting f Members after the terminatin f the Class B membership, the Members shall select ne (1) directr fr a term f ne (1) year; ne (1) directr fr a term f tw (2) years; and ne (1) directr fr a term f three (3) years; and 3

23 as the terms f such directrs each annual meeting thereafter expire, new directrs shall be elected by the Members at fr terms f three (3) years each. ARTCLE V DSSOLUTON The Assciatin may be disslved with the assent given in writing and signed by at least tw-thirds (2/3) f each class f Members and in accrdance with Article 13 f the Act. Upn disslutin f the Assciatin, ther than incident t a merger r cnslidatin, the assets f the Assciatin, bth real and persnal, shall be ffered t an apprpriate public agency t be devted t purpses and uses that wuld mst nearly reflect the purpses and uses t which they were required t be devted by the Assciatin. n the event that such ffer f dedicatin is refused, such assets shall be then ffered t be granted, cnveyed r assigned t any nn-prfit crpratin, trust r ther rganizatin devted t similar purpses and in accrdance with Virginia law. Any such dedicatin r transfer f the Cmmn Area shall nt be in cnflict with then-gverning zning rdinances r the designatin f the Cmmn Area as "pen space". ARTCLE X DURATON The Assciatin shall exist perpetually. ARTCLE X AMENDMENTS Amendment f these Articles shall require the assent f at least seventy-five percent (75%) f the Members in accrdance with the statutry requirements f the Act and any apprvals required by these Articles. ARTCLE X SPECAL AMENDMENTS Ntwithstanding anything herein t the cntrary, the Declarant may unilaterally amend these Articles fr any reasn prir t the cnveyance f the first Lt t an Owner ther than the Declarant, and thereafter may make any amendment required by any f the federal mrtgage agencies such as the Veterans Administratin, the Federal Husing Administratin, Federal Natinal Mrtgage Assciatin, r Federal Hme Lan Mrtgage Crpratin, r by Fairfax Cunty, Virginia, as a cnditin f the apprval f these Articles, by the filing f Articles f Amendment with the Virginia State Crpratin Cmmissin fllwing ntice t all Members. 4

24 ARTCLE X CONFLCT n the case f any cnflict between the Declaratin and these Articles r the By Laws and these Articles, these Articles shall cntrl. DatT } Sara T. O'Hara, ncrpratr 3\st\ryland\landmark\artic!esx (05/09/00) 5

25 ,r-,...! '~;~,:<. EXHBT B DECLARATON OF COVENANTS, CONDTONS AND RESTRCTONS LANDMARK Fairfax Cunty, Virginia Return t: Bx 50 Prepared by: Sara Twery O'Hara, Esq. Culbert & O'Hara, PLC 30-C Catctin Circle, S.E. Leesburg, Virginia 20175

26 ~!J... ;\ C 3 Li Q 9 S 6. TABLE OF CONTENTS iartcle DEFNTONS 2 Sectin 1 - Assciatin 2 Sectin 2 - Cmmn Area 2 Sectin 3 - Declarant 2 Sectin 4 - Declaratin 2 Sectin 5 - Develper 2 Sectin 6 - Dwelling Unit 2 Sectin 7 - Lt 3 Sectin 8 - Member 3 Sectin 9 - Mrtgagee 3 Sectin 10 - Owner 3 Sectin 11 - Prperty 3 ~RTCLE lrtcle ~RTCLE V MEMBERSHP 3 VOTNG RGHTS 3 Sectin 1 - Classes 3 Sectin 2 - Annexatin 4 Sectin 3 - Multiple wnership interests 4 PROPERTY RGHTS 5 Sectin 1 - Member's Easements f Enjyment 5 Sectin 2 - Delegatin f Use 6 )A.RTCLE V ASSESSMENTS 6 Sectin 1 - Creatin f the Lien and Persnal Obligatin f Assessments 6 Sectin 2 - Purpse f Assessment 7 Sectin 3 - Annual Assessment 7 Sectin 4 - Special Assessments 7 Sectin 5 - Qurum fr any Actin Authrized Under Sectin 4 8 Sectin 6 - Wrking Capital Assessment 8 Sectin 7 - Rate f Assessment 8 Sectin 8 - Ntice f Assessment and Certificate 8 Sectin 9 - Remedies f the Assciatin in the Event f Default 8 Sectin 10 - Subrdinatin f the Lien t Mrtgages 9 Sectin 11 - Exempt Prperty 9 Sectin 12 - Reserves fr Replacements 9

27 :-:'/ t;\ RTCLEV RTCLEV RTCLEV RESTRCTVE COVENANTS 10 Sectin 1 - Use 10 Sectin 2 - Mdificatins 10 Sectin 3 - Laundry 10 Sectin 4 - Sight Lines 10 Sectin 5 - Vegetatin 10 Sectin 6 - Nxius Activity 11 Sectin 7 - Signs 11 Sectin 8 - Animals 11 Sectin 9 - Trash 11 Sectin 10 - Antennae 11 Sectin 11 - Paint. 11 Sectin 12 - Exterirs f Structu res 12 Sectin 13 - Fences 12 Sectin 14 - Vehicles 12 Sectin 15 - Cmmercial Vehicles 12 Sectin 16 - Recreatinal Vehicles 12 Sectin 17 - Twing 12 Sectin 18 - Leases 12 Sectin 19 - Garage Use 12. Sectin 20 - Declarant's Activities 13 Sectin 21 - Rules and Regulatins 13 ARCHTECTURAL REVEW BOARD 13 Sectin 1 - Cmpsitin 13 Sectin 2 - Methd f Selectin 13 Sectin 3 - Remval and Vacancies 13 Sectin 4 - Officers 13 Sectin 5 - Duties 13 Sectin 6 - Failure t Act 14 Sectin 7 - Enfrcement 14 Sectin 8 - Appeal 14 EASEMENTS 15 Sectin 1 - Blanket Easements 15 Sectin 2 - Exercise f Easement Rights 15 Sectin 3 - Encrachments 15 Sectin 4 - Develpment 15 Sectin 5 - Utilities 15 Sectin 6 - Release f Public mprvement Bnds 16 Sectin 7 - Declarant-Retained Easement Rights 16 rrtcle X PARKNG 16 ARTCLE X PARTY WALLS 16 Sectin 1 - General Rules f Law t Apply 16 Sectin 2 - Sharing f Repair and Maintenance and Destructin by Fire r Other Casualty 16 ii

28 Page Sectin 3 - Repairs fr Damage Caused by One Owner 16 Sectin 4 - Other Changes 17 Sectin 5 - Right t Cntributin Runs with the Land 17 Sectin 6 - Dispute 17 ARTCLE X POWERS AND DUTES OF THE ASSOCATON 17 Sectin 1 - Discretinary Pwers and Duties 17 Sectin 2 - Mandatry Pwers and Duties 19 (RTCLE X RGHTS OF MORTGAGEES 20 Sectin 1 - Ntice 20 Sectin 2 - Unpaid Assessments 21 Sectin 3 - Bks and Recrds 21 Sectin 4 - Ntice 21 Sectin 5 - Rights 21 ARTCLE X GENERAL PROVSONS 23 Sectin 1 - Enfrcement 23 Sectin 2 - Severability; Headings; Cnflict 24 Sectin 3 - Duratin; Amendment 24 Sectin 4 - Special Amendment 24 Sectin 5 - Waiver 24 Sectin 6 - Annexatin f Additinal Prperty 25 Sectin 7 - Withdrawable Real Estate 25 Sectin 8 - Management Cntracts 25 Sectin 9 - Disslutin 25 Sectin 10- Ptential Clsure f Suthern Entrance 26 iii

29 DECLARATON OF COVENANTS, CONDTONS AND RESTRCTONS LANDMARK THS DECLARATON OF COVENANTS, CONDTONS AND RESTRCTONS (the "Declaratin") is made as f 6~dY\tRx: 5,2000 by and between THE RYLAND GROUP, NC., a MarylandOrpratin, its successrs and assigns (the "Declarant"); and LANDMARK HOMEOWNERS ASSOCATON, a Virginia nn-stck crpratin, its successrs and assigns (the "Assciatin"). RECTALS: A. The Declarant is, r at the time f recrdatin f this Declaratinwill be, the wner f certain real prperty lcated in Fairfax Cunty, Virginia, knwn as Lts 1 thrugh 45, LANDMARK as the same are duly subdivided, platted and recrded by the Deed f Subdivisin recrded immediately prir heret. B. The Assciatin is, r at the time f recrdatin f this Declaratinwill be,, the wner f certain real prperty lcated in Fairfax Cunty, Virginia, knwn as Parcel A, LANDMARK as the same is duly subdivided, platted and recrded by the Deed f Subdivisin recrded immediately prir heret. C. The Declarant desires t create n the Prperty (as hereinafter defined) a residential cmmunity which shall have permanent pen spaces and ther cmmn facilities fr the benefit f the cmmunity. D. The Declarant and the Assciatin desire t prvide fr the preservatinf the values f the cmmunity and such ther areas as may be subjected t this Declaratin, and t prvide fr the maintenance f the pen spaces and ther facilities, and, t this end, declare and publish their intent t subject the Prperty t the cvenants, cnditins, restrictins, easements, charges and liens hereinafter set frth, it being intended that they shall run with the Prperty and shall be binding n all persns r entities having r acquiring any right, title r interest in the Prperty r any part theref and shall inure t the benefit f each wner theref. E. The Declarant has deemed it desirable fr the efficient preservatin f the values f said cmmunity t create an assciatin t which shall be delegated and assigned the pwers f wning, maintaining and administering the cmmn areas and facilities, administering and enfrcing the cvenants and restrictins made in and pursuant t this Declaratin and cllecting and disbursing the assessments and charges hereafter created. F. The Declarant has incrprated r intends t incrprate as a nn-stck crpratin under the laws f the Cmmnwealth f Virginia, LANDMARK HOMEOWNERS ASSOCATON- fr the purpse f exercising the functins f the Assciatin _----

30 ,..,,'. -; 10 U")i NOW, THEREFORE, the Declarant, fr and in cnsideratin f the premises and the cvenants cntained herein, grants, establishes and cnveys t each wner f a Lt, with the express cncurrence f the Assciatin, mutual, nn-exclusive rights, privileges i and easements f enjyment n equal terms and in cmmn with all ther wners f Lts \ in and t the use f any Cmmn Area and facilities; and further, the Declarant and the Assciatin declare the Prperty t be held, transferred, sld, cnveyed and ccupied i subject t the cvenants, cnditins, restrictins, reservatins, easements, charges and [liens hereinafter set frth, which are fr the purpse f prtecting the value and j desirability f, and shall run with, the Prperty and be binding n all parties having any i right, title r interest in the Prperty r any part theref, their respective successrs and i assigns, and shall inure t the benefit f each wner theref. 1 ARTCLE DEFNTONS! Sectin 1. "Assciatin" shall mean and refer t Landmark Hmewners [Assciatin, a Virginia nn-stck crpratin, its successrs and assigns. i, j Sectin 2. "Cmmn Area" shall mean and refer t all real prperty (including [the imprvements theret) wned by the Assciatin fr the cmmn use and enjyment [f the Members, and shall include any private streets shwn n an apprved plat f the iprperty and lcated within the Cmmn Area's bundaries. i \ Sectin 3. "Declarant" shall mean and refer t The Ryland Grup, nc. and its!successrs r assigns (i) t whm The Ryland Grup, nc. assigns any r all f its rights las Declarant pursuant t this Declaratin by assignment recrded in the apprpriate land jrecrds, r (ii) wh is a purchaser at freclsure f the' Prperty r a grantee in a deed in!ieu f freclsure frm the Declarant. Such an assignment shall nly perate as t the lland which is wned by such successr r assign. f the Declarant cnsists f mre than lne (1) persn r entity, the rights and bligatins f the Declarants shall be several and sha]! be based upn and apprtined in accrdance with the number f Lts wned by leach Declarant. Sectin 4. "Declaratin" shall mean and refer t this Declaratin f Cvenants. Cnditins and Restrictins applicable t the Prperty, which Declaratin is recrded in ~he Office f the Clerk f the Circuit Curt f Fairfax Cunty, Virginia.! Sectin 5. "Develper" shall mean and refer t The Ryland Grup, nc. and its assiqnees if such assignees receive a written assignment frm the Develper.! i Sectin 6. "Dwelling Unit" shall mean and refer t any imprvement t the Prperty intended fr any type f independent wnership fr use and ccupancy as a residence by a single husehld and shall, unless therwise specified, include within its 2

31 r:.'" n a -., ~:)._:...~ t.j _.J meaning (by way f illustratin but nt limitatin) pati r zer lt line hmes, twnhuses and detached hmes. Sectin 7. "Lt" shall mean and refer t any plt f land created by and shwn n a lawfully recrded subdivisin plat f the Prperty upn which a Dwelling Unit culd be cnstructed in accrdancewith applicable zning rdinances, with the exceptin f the Cmmn Area and streets dedicated t public use. Sectin 8. "Member" shall mean and refer t every persn r entity wh hlds a membership in the Assciatin, as mre particularlyset frth in Article belw. Sectin 9. "Mrtgagee" shall mean and refer t any persn r entity secured by a first mrtgage r first deed f trust n any Lt r the Cmmn Area wh has ntified the Assciatin f this fact in writing. Sectin 10. "Owner" shall mean and refer t the recrd wner, whether ne (1) r mre persns r entities, f the fee simple title t any Lt, including a cntract seller but excluding thse hlding such interest in a Lt slely by virtue f a cntract t purchase a Lt r as security fr the perfrmance f an bligatin. f mre than ne (1) persn r entity is the recrd wner f a Lt, the term "Owner" as used herein shall mean and refer t such wners cllectively,s that there shall be nly ne (1) Owner f each Lt. Sectin 11. "Prperty" shall mean and refer t that certain real prperty, described as Lts 1 thrugh 45 and Parcel A, LANDMARK as duly subdivided, platted and recrded by the Deed f Subdivisin recrded herewith, and such additins theret which, frm time t time, may be brught within the jurisdictin f the Assciatin. ARTCLE MEMBERSHP Every Owner f a Lt which is subject by cvenants f recrd t assessment by the Assciatin shall be a Member f the Assciatin. Membership shall be appurtenant t and may nt be separated frm wnership f any Lt which is subject t assessment by the Assciatin. Ownership f such Lt shall be the sle qualificatin fr membership. N Owner shall have mre than ne (1) membership in the Assciatin fr each Lt it wns. ARTCLE VOTNG RGHTS Sectin 1. Classes. The Assciatin shall have tw (2) classes f vting membership: i Class A: Class A Members shall be all Members with the exceptin f.!the Class B Member. A Class A Member shall be entitled t ne (1) vte fr each Lt in 3

32 ,... \1 -,. -~ _, "_"-! which it hlds the interest required fr membership by the Article entitled "Membership" herein. Class B: The Class B Member(s) shall be the Declarant. A Class B Member shall be entitled t three (3) vtes fr each Lt in which it hlds the interest required fr membership by the Article entitled "Membership" herein. Class B membership shall cease and a Class A membership with ne (1) vte fr each Lt in which it hlds an interest shall issue n the happening f any f the fllwing events, whichever ccurs first: (a) within fur (4) mnths after the ttal vtes utstanding in the Class A membership equal the ttal vtes utstanding in the Class B membership;r Declaratin. (b) seven (7) years frm the date f recrdatin f this Sectin 2. Annexatin. Upn annexatin f additinal prperties pursuant t this Declaratin, and in the event that Class B membership shall have ceased as hereinabve prvided, Class B membership shall be revived with respect t all Lts wned by the Declarant, which Class B membership shall cease and be cnverted t Class A membership n the happening f any f the fllwing events, whichever ccurs first: (a) within fur (4) mnths after the ttal vtes utstanding in Class A membership in the annexed prperty equal the ttal vtes utstanding in the Class B membership in such annexed prperty; r (b) seven (7) years frm the date' f recrdatin f the dcument annexing such prperty. Sectin 3. Multiple wnership interests. f mre than ne (1) persn r entity hlds an wnership interest in any Lt, the vte fr such Lt shall be exercised as the wners f the Lt amng themselves determine and may be exercised by anyne (1) f the peple r entities hlding such wnership interest, unless any bjectin r prtest by any ther hlder f such wnership interest is made prir t the cmpletin f a vte, in which case the vte fr such membership shall nt be cunted, but the Member whse vte is in dispute shall be cunted as present at the meeting fr qurum purpses if the prtest is ldged at such meeting. n n event shall mre than ne (1) vte be cast with respect t any Lt. 4

33 ,,\ -: r-.! C;.: ' f ARTCLE V PROPERTY RGHTS Sectin 1. Member's Easements f Enjyment. Every Member shall have a right and easement f enjyment in and t the Cmmn Area, and such easement shall be appurtenant t and shall pass with the title t every Lt, subject t: (a) the right f the Assciatin t charge reasnable admissin and ther fees fr the use f any recreatinal facility lcated n the Cmmn Area; (b) the right f the Assciatin t limit the number f guests f Members n the Cmmn Area; (c) the right f the Assciatin t adpt and enfrce rules and regulatins gverning the use f the Cmmn Area and facilities, including, withut limitatin, the impsitinf fines fr the vilatin theref; (d) the right f the Assciatin t suspend the vting rights, the right t run fr ffice within the Assciatin, and rights f a Member t the use f any recreatinal facilities r nnessential services ffered by the Assciatin, t the extent that access t the Lt thrugh the Cmmn Area is nt precluded, fr any perid during which any assessment against such Member's Lt remains unpaid r fr a perid nt t exceed sixty (60) days fr any infractin f its published rules and regulatins; (e) the right f the Assciatin t brrw mney fr the imprvement, maintenance r repair f the Cmmn Area r facilities and in aid theref, with the assent f at least tw-thirds (2/3) f the vtes f each class f Members wh are entitled t vte and wh are vting in persn r by prxy at a meeting duly called fr this purpse at which a qurum is present, t mrtgage the Cmmn Area, subject t this Declaratin and the easement f enjyment created hereby, and t acquire prperty encumbered by a lien r liens f a mrtgage r deed f trust; prvided that any such mrtgage f the Cmmn Area must state that it is subject t this Declaratin and the easement f enjyment created hereby and shall nt be in cnflict with its designatin as "pen space"; (f) the right f the Assciatin at any time, r upn disslutin f the Assciatin, and cnsistent with the then-existing zning rdinances f Fairfax Cunty, Virginia (the "Cunty") and its designatin f the Cmmn Area as "pen space", t transfer all r any part f the Cmmn Area t an apprpriate public agency t be devted t purpses and uses that wuld mst nearly reflect the purpses and uses t which they were requiredt be devted by the Assciatin. n the event that such ffer f ' dedicatin is refused, such Cmmn Area shall be then ffered t be granted, cnveyed r assigned t any nn-prfit crpratin, trust r ther rganizatin devted t similar purpses and in accrdancewith Virginia law. Except in the case f disslutin, any such dedicatin r transfer shall have the assent f at least tw-thirds (2/3) f each class f 5

34 t', ~ -., j. r; ~ -1 f J:'ljq Members entitled t vte and wh are vting in persn r by prxy at a meeting duly called fr this purpse at which a qurum is present, written ntice f which shall be sent t all Members nt less than twenty-five (25) days nr mre than fifty (50) days in advance f the meeting setting frth the purpse f the meeting. Upn such assent and in accrdance therewith, the fficers f the Assciatin shall execute the necessary dcuments. The resubdivisin r adjustment f the bundary lines f the Cmmn Area and the granting f easements by the Assciatin shall nt be deemed a transfer within the meaning f this Article; (g) the right f the Assciatin t grant, with r withut payment t the Assciatin, licenses, rights-f-way and easements thrugh r ver any prtin f the Cmmn Area. The freging shall nt be cnstrued, hwever, t permit acquisitinf r damage t any imprvements, structures r installatins lcated upn the Cmmn Area withut the payment f damages, including severance r resulting damages, if any, t the Assciatin absent the Assciatin's cnsent; (h) the right f the Assciatin t lease the Cmmn Area; and (i) the right f the Declarant r the Assciatin t resubdivide and/r adjust the bundary lines f the Cmmn Area as either deems necessary fr the rderly develpment f the subdivisin. Sectin 2. Delegatin f Use. Any Member may delegate its right f enjyment t the Cmmn Area and facilities t the members f its immediate husehld, its tenants r cntract purchasers wh reside n the Member's Lt. Hwever, by accepting a deed t such Lt, every Owner cvenants that shuld the Owner desire t rent its Lt, the rental agreement shall cntainspecific cnditins which require the tenant t abide by all Assciatin cvenants, rules and regulatins, and any 'Owner desiringt rent a Lt further cvenants that the tenant will be prvided a cmplete set f all Assciatin cvenants, rules and regulatins. ARTCLEV ASSESSMENTS Sectin 1. Creatin f the Lien and Persnal Obligatin f Assessments. The, Declarant cvenants, fr each Lt wned, and each Owner f any Lt by acceptance f a deed therefr, whether r nt it shall be s expressed in any such deed r ther instrument f cnveyance, is deemed t cvenant and agree t pay t the Assciatin: (a) Annual Assessments (as hereinafter defined) r charges, and (b) Special Assessments (as hereinafter defined) fr capital imprvements r ther specified items. Such assessments are t be established and cllected as hereinafter prvided. The Assciatin's Annual and Special Assessments, tgether with interest theren and csts f cllectin theref, as hereinafter prvided, shall be a charge n the Lt and shall be a cntinuing lien upn the Lt against which each assessment is made. Each such assessment, tgether with interest, late fees, csts, and reasnable attrneys' fees, shall 6

35 ..,,,.,~ ("1 ( -1 ;: :"J j i.j als be the persnal bligatin f the persn wh was the Owner f such Lt at the time.the assessment fell due and shall nt be the persnal bligatin f a successr in interest.unless expressly assumed by such successr. The Annual and Special Assessments, when assessed fr each year, shall becme a lien n the Lt in the amunt f the entire Annual r Special Assessment, but shall be payable upn reslutin f the Bard f Directrs, in equal installments cllected n a mnthly, bi-mnthly, quarterly, semi-annual,r annual basis. Sectin 2. Purpse f Assessment. The assessments levied by the Assciatin :shall be used t prmte the recreatin, health, safety and welfare f the residents and j Owners f the Prperty, fr the imprvement and maintenance f the Cmmn Area, including but nt limited t the payment f taxes, cnstructin f imprvements and maintenance f services and facilities devted t these purpses r related t the use and enjyment f the Cmmn Area r ther prperty which the Assciatin has the bligatin t maintain, and fr such ther purpses as the Bard f Directrs may determine t be apprpriate. Sectin 3. Annual Assessment. (a) The Assciatin must levy in each f its fiscal years an annual assessment (the "Annual Assessment"), against each Lt. The amunt f such Annual Assessment shall be established by the Bard f Directrs and written ntice f such shall be sent t every Owner at least thirty (30) days in advance f the cmmencement f each Annual Assessment perid. The Annual Assessment shall becme applicable as t all Lts within a Sectin f the Prperty (as such Sectin is shwn n a recrded subdivisin plat) n the first day f the mnth fllwing the first cnveyance f a Lt within that Sectin t an Owner wh is nt the Declarant. The first Annual Assessment shall be adjusted accrding t the number f mnths remaining in the calendar year. (b) The amunt f the Annual Assessment shall be determined by the Bard f Directrs accrding t its estimate f the cst f prviding services r rights f use which are cmmn t all f the Lts. Sectin 4. Special Assessment. n additin t the Annual Assessment authrized abve, the Assciatin may levy, in any assessment year, a special assessment applicable t that year nly fr the purpse f defraying, in whle r in part, the cst f any cnstructin, recnstructin, repair r replacement f capital imprvements upn the Cmmn Area, including the fixtures and persnal prperty related theret, r fr any ther specified purpse (the "Special Assessment"). The Special Assessment shall be levied against all f the Lts in each Sectin which benefit frm the Special Assessment, QQ rata accrding t each Sectin's benefit. The amunt f the Special Assessment shall be the same fr each Lt in any Sectin but need nt be unifrm with the Special Assessment impsed n Lts in ther Sectins. T be effective, any such assessment shall have the assent f mre than tw-thirds (2/3) f the vtes f each class f Members within an affected Sectin, wh are entitled t vte and wh are 7