DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF MADISON CRESCENT HOMEOWNERS ASSOCIATION, INC.

Transcription

1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF MADISON CRESCENT HOMEOWNERS ASSOCIATION, INC. This Declaration of Covenants, Conditions and Restrictions is made this day of 2005,by [INSERT NAME OF DECLARANT], referred to as "Declarant". **WITNESSETH** WHEREAS, Declarant is the owner of certain real property located in Prince William County, Virginia, which is more particularly described on the legal description attached hereto and made part hereof as Exhibit "A" ( Submitted Land ) and desires to subject such real property to covenants, restrictions, reservations, easements, servitudes, liens and charges, all of which are more particularly hereinafter set forth in this Declaration; and WHEREAS, Declarant deems it desirable and in the best interests of all the owners of land subject to this Declaration to protect the value and the desirability of such land by providing for the development of such land in accordance with a common plan; and WHEREAS, Declarant has caused, or will cause, MADISON CRESCENT HOMEOWNERS ASSOCIATION, INC. to be incorporated under the laws of the Commonwealth of Virginia, which shall be the property owners association governing the Property; and NOW, THEREFORE, Declarant hereby declares that all of the real property described on Exhibit "A" hereto as Submitted Land shall be subject to the covenants, conditions, restrictions and easements set forth in this Declaration. Declarant hereby further declares that the Submitted Land and any other real property annexed in accordance with Article VII hereof, shall hereafter be held, conveyed, hypothecated, encumbered, sold, leased, rented, used, occupied and improved subject to the covenants, conditions, restrictions and easements set forth below, which are for the purpose of protecting the value and desirability of such real property, and which shall run with such real property and be binding on all parties having any right, title or interest in all or any portion of the Submitted Land and any other real property annexed in accordance with Article VII hereof, and their heirs, personal representatives, successors, transferees and assigns, and which shall inure to the benefit of the Declarant, the Association and each Owner. Additional land owned by the Declarant and described in Exhibit B attached hereto as a part hereof may be subjected or annexed to this Declaration ( Additional Land ). The Declarant shall not be obligated, however, to develop or annex such additional land. Any such annexation will be governed by the provisions for annexation of land contained herein. Development of the land described in Exhibit "B" shall be subject to, in all events, applicable laws and regulations.

2 ARTICLE I DEFINITIONS The words used hereinabove or hereafter in this Declaration which begin with capital letters (other than words which would be normally capitalized) shall have the meanings assigned to them in Article I of this Declaration "Annual Assessment" shall mean and refer to the annual assessment levied by the Association against the Lots in each of its fiscal years pursuant to Article IV of this Declaration "Articles of Incorporation" shall mean and refer to the Articles of Incorporation for the Association filed with the Virginia State Corporation Commission, as amended from time to time "Assessable Property" shall mean and refer to all of the Property except such part or parts thereof as may from time to time constitute Exempt Property "Association" shall mean and refer to Madison Crescent Homeowners Association, Inc., a Virginia non-stock corporation, its successors and assigns "Board of Directors" or "Board" shall mean and refer to the Board of Directors of the Association, as established pursuant to the Bylaws of the Association "Class A Members" shall mean and refer to all Owners other than the Class B Member (during the Development Period) and Class C Members "Class B Member" shall mean and refer to the Declarant Class C Members shall mean and refer to Participating Builders "Common Area" shall mean and refer to all real property and the improvements thereon from time to time owned or leased by the Association for the common use and enjoyment of the Members. Such property may (but need not) include any common areas, tot lots, recreational facilities, parks and other open space land, storm water management and drainage facilities, private streets within the Property not dedicated to the County of Prince William or Commonwealth of Virginia, pathway and bikeway systems, and fencing on Common Area "Community" shall mean and refer to the entire Madison Crescent community falling under the jurisdiction of the Master Declaration "Declarant" shall mean and refer to [INSERT NAME OF DECLARANT], its successors and assigns. No successor or assignee of the Declarant shall have any rights or obligations of the Declarant hereunder unless such rights and obligations are specifically set forth in an instrument of succession or assignment designating a party as the Declarant hereunder or which pass by operation of law.

3 1.12 "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions as recorded in Prince William County ( County ) land records and as it may from time to time be amended or supplemented in the manner provided herein "Development Period" shall mean and refer to the period of time when the Declarant is engaged in development or sales or activities related thereto anywhere on the Property or the additional land set forth in Exhibit B, commencing on the date of this Declaration first set forth above and terminating on the earlier of (i) December 31, 2020; (ii) when the Declarant controls less than thirty percent (30%) of the Property; or (iii) the recordation by Declarant of a written instrument among the Land Records expressing Declarant's intention to terminate the Declarant Control Period "Development Plan" shall mean and refer to the plan filed with Prince William County for the development of the Property. The Development Plan is subject to change from time to time in the sole discretion of Declarant to meet the changing needs of the Madison Crescent development, in response to changes in market conditions, or any other reason deemed necessary or desirable by Declarant "Dwelling Unit" shall mean and refer to any portion of the Property, as improved, intended for any type of independent ownership for use and occupancy as a residence by one household "Exempt Property" shall mean and refer to all Common Area and any other land and structures owned by the Association for so long as the Association is the owner thereof "Federal Housing Administration" ("FHA") shall mean and refer to that governmental agency of the United States of America so entitled and any agency or regulatory authority of the United States of America which succeeds the Federal Housing Administration "Governing Documents or Association s Governing Documents shall mean and refer to the Declaration, Bylaws and Articles of Incorporation governing the Association as the same may be amended from time to time Madison Crescent Condominium and Madison Crescent Condominium Unit Owners Association shall mean and refer to the residential condominium and its governing unit owners association, as created by the Declaration of Condominium, dated, recorded in Deed Book at Page among the Prince William County land records, and as subsequently amended. [INSERT NAME OF MIXED USE CONDO] and [INSERT NAME OF MIXED USE ASSOCIATION] shall mean and refer to the mixed use condominium and its governing unit owners association, as created by the Declaration of Condominium, dated, recorded in Deed Book at Page among the Prince William County land records, and as subsequently amended "Master Association" shall mean and refer to Madison Crescent Community Association, Inc., a Virginia nonstock corporation created to govern the Community pursuant to

4 the provisions of the Master Declaration Master Association s Governing Documents shall mean and refer to the Declaration, Bylaws, Articles of Incorporation and Design Guidelines governing the Master Association as the same may be amended from time to time Master Declaration shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for the Master Association, dated, recorded in Deed Book at Page among the Prince William County land records, and as subsequently amended "Mortgagee" shall mean and refer to the holder of any recorded mortgage, or the party secured or beneficiary of any recorded deed of trust, encumbering one or more of the Lots. "Mortgage," as used herein, shall include deeds of trust. "First Mortgagee," as used herein, shall mean a holder of a mortgage with priority over other mortgages. As used in this Declaration, the term "Mortgagee" shall mean any mortgagee and shall not be limited to institutional mortgagees. As used in this Declaration, the term "institutional mortgagee" or "institutional holder" shall include banks, trust companies, insurance companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, mortgage companies, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), all corporations and any agency or department of the United States Government or of any state or municipal government "Land Development Activity" shall mean and refer to any building, construction, reconstruction or repair of a Dwelling Unit, roadways, curbing, sidewalks, utility services or any other Structure on a Lot or any other portion of the Property by the Declarant and/or by other persons regularly engaged in the building or construction business (including a Participating Builder), if granted approval in writing by the Declarant "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property which has been subjected to this Declaration and upon which a Dwelling Unit could be constructed in accordance with Prince William County zoning ordinances and the applicable laws of Virginia in effect from time to time. "Lot" shall not mean or refer to Common Area "Member" shall mean the Class A and C Members and the Class B Member of the Association "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot, including contract sellers, but excluding in all cases any party holding an interest merely as security for the performance of an obligation "Participating Builder" shall mean and refer to a person or entity that owns one or more Lots for the purpose of constructing improvements for sale or lease to others and who is designated as such by the Declarant.

5 1.29 "Person" shall mean and refer to any individual, corporation, joint venture, partnership, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision thereof or any other separate legal entity "Property" shall mean and refer to those certain lands in Prince William County, Virginia, more particularly described in Exhibit "A" attached hereto, together with such additional lands as may be subjected to this Declaration Recreational Facilities shall mean and refer solely to the Common Area swimming pool, bathhouse/clubhouse and multipurpose court, and any Common Area parking spaces located immediately adjacent to such amenities "Resident" shall mean and refer to (i) each individual occupying any Dwelling Unit pursuant to a lease agreement with the Owner thereof; (ii) members of the immediate family of such individual or of an Owner who actually resides within the Property and in the same household with each such individual or Owner; and (iii) any person who has a fixed place of habitation at a Dwelling Unit of any such individual or Owner to which, whenever he is absent, he has the intention of returning "Rules and Regulations" shall mean and refer to the rules, regulations, architectural guidelines, policies and procedures governing the use, occupancy, operation and physical appearance of the Common Area and the Lots, and the operation of the Association, as adopted from time to time by the Board of Directors or authorized committee of the Association "Special Assessment" shall mean and refer to any special charge established pursuant to Article IV of this Declaration "Structure" shall mean and refer to any thing or device other than trees and softscape landscaping (except including plantings in the form of a hedge or barrier near or at the boundary line separating Lots), the placement of which upon any Lot may affect the appearance of such Lot, including, but not limited to, any building, house, garage, porch, shed, greenhouse, bathhouse, coop or cage, patio, swimming pool, clothesline, fence, curbing, paving, wall, signboard, or flagpole or any other temporary or permanent improvement on such Lot, 1.36 "Veterans Administration" ("VA") shall mean and refer to that governmental agency of the United States of America so entitled and any agency or authority of the United States of America which succeeds the Veterans Administration. ARTICLE II PROPERTY RIGHTS TO COMMON AREA 2.01 Rights of Enjoyment of Common Area. Each Owner shall have a right and nonexclusive easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to that Owner s Lot. Each Owner is bound by the terms of the