Recorded Deed Book 1625 pages 1122-1168
DECLARATION OF COVENANTS AND RESTRICTIONS
OF THE WOODLAKE COMMUNITY ASSOCIATION
AND INVESTORS WOODLAKE DEVELOPMENT CORPORATION,
A VIRGINIA CORPORATION
THIS DECLARATION, made this 16th day of September, 1983, by
Woodlake Community Association, Inc., a Virginia non-profit, non-stock corporation,
hereinafter called "Association," and Investors Woodlake Development
Corporation, a Virginia corporation, hereinafter called "Company."
W I T N E S S E T H :
WHEREAS, the Company is the owner of the real property described in Article II of
this Declaration and desires to create thereon a planned development community with a
balanced representation of residential, commercial, industrial, and recreational uses to
be known as "Woodlake";
WHEREAS, the Company desires to provide for the preservation of values and for the
maintenance of common facilities and services and for a vehicle for the administration and
enforcement of covenants and restrictions;
WHEREAS, the Company has caused to be incorporated under the laws of the Commonwealth
of Virginia, a non-profit, non-stock corporation, Woodlake Community Association, Inc.,
for the purpose of exercising the functions aforesaid, and which are hereinafter more
fully set forth;
NOW THEREFORE, the Company declares that the real property described in Article II, and
such additions thereto as may hereinafter be made pursuant to Article II hereof, is and
shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used
subject to the covenants, restrictions, conditions, easements, charges, assessments
("Assessments"), affirmative obligations, and liens (all hereinafter sometimes
referred to as "the Covenants") hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words and terms when used in this Declaration or any supplemental
declaration (unless the context shall clearly indicate otherwise) shall have the following
meanings:
(a) "Association" shall mean and refer to Woodlake
Community Association, Inc., a Virginia non-profit, non-stock corporation, its successors
and assigns.
(b) "Woodlake" shall mean and refer to the lands in
Chesterfield County, Virginia, which are shown as a part of Woodlake on the Company's
Master Plan as revised from time to time.
(c) "Company" shall mean Investors Woodlake
Development Corporation, a Virginia Corporation, its successors and assigns.
(d) "Developer" shall mean Woodlake Management
Corporation, a Virginia Corporation, its successors and assigns.
(e) "Affiliate" shall mean any corporation more than
fifty (50%) percent of the voting stock of which is owned or controlled by the Company or
the Developer, and any partnership or joint venture in which the Company or the Developer
has more than a fifty (50%) percent equity interest or an interest in fifty (50%) or more
of the cash flow from such partnership or joint venture.
(f) The "Properties" shall mean and refer to the
Existing Property described in Article II hereof, and additions thereto, as are subjected
to this Declaration or any Supplementary Declaration under the provisions of Article II
hereof.
(g) "Residential Lot" shall mean any subdivided
parcel of land located within the Properties for which no building permit has been issued
by the appropriate governmental authorities and which parcel is intended for use as a site
for a Single Family Detached Dwelling. Single Family "D" Duplex Unit, or Patio
Home (or Zero lot line) as shown upon any recorded final subdivision map of any part of
the Properties. No parcel shall, however, be classified as a Residential Lot until the
first day of the quarter of the year following after all of the following have occurred:
| (1) |
Recording of a Plat in the Clerk's Office of the Circuit Court of
Chesterfield County, Virginia, showing such Residential Lot; |
| (2) |
Approval by the Office of Interstate Land Sales Registration or successor
agencies permitting such Residential Lot to be offered for sale in those cases where
registration is required by law. |
| (3) |
The Lot has been placed on an "Inventory List" (as defined in
Section 3 (c) of Article V) of lots for sale submitted to the Association by the Company,
the Company's Affiliates, the Developer, or the Developer's Affiliates in those cases
where the Lot is owned by the Company, the Company's Affiliates, the Developer, or the
Developer's Affiliates. |
| (4) |
The Lot is sufficiently developed to be subject to Assessment, in the sole
and uncontrolled discretion of the Board of Directors, as a Residential Lot in those cases
where the Lot is owned by any third party other than the Company, the Company's
Affiliates, the Developer, or the Developer's Affiliates. |
|
| (h) "Multiple-Family Tract" shall mean
any unimproved parcel of land located within the Properties, intended for development of
Attached Residential Units including Townhouses, Condominiums and Apartments as defined
and controlled by the applicable zoning for Woodlake granted by the Chesterfield County
Board of Supervisors. For the purposes of this Declaration, a parcel of land shall not be
deemed a "Multiple-Family Tract" until such time as its exact metes and bounds
have been surveyed and a plat thereof identifying or designating such property for
Multiple-Family use is recorded in the Clerk's Office of the Circuit Court of Chesterfield
County, Virginia; provided, however, that any property within said parcel of land which
also qualifies as an "Exempt Property" as defined in paragraph (n) of this
Article I shall not be deemed part of said Multiple-Family Tract for the purposes of
calculating Assessments or votes. A Multiple-Family Tract, or portions of said
Multiple-Family Tract, shall be deemed to be unimproved until the improvements being
constructed thereon are sufficiently complete to be subject to Assessment, in the sole and
uncontrolled discretion of the Board of Directors, as improved properties as defined in
Section 3 (d) of Article V. (i) "Public or Commercial
Site" shall mean any unimproved parcel of land within the Properties, intended for
use as a site for improvements designed to accommodate commercial, governmental, business
enterprises to serve Residents of Woodlake and/or the public, including, but not limited
to: business and professional offices; facilities for the retail sale of goods and
services; banks and other financial institutions; social clubs; restaurants; hotels,
motels, inns; theaters; lounges; indoor and outdoor recreational facilities; hospitals and
medical clinics; laboratories and other research and development facilities; commercial
warehouses; transportation terminals or stations; automobile parking facilities, gasoline
stations, industrial plants; and residential dwelling units within multi-use public or
commercial buildings or facilities; provided, however, that a "Public or Commercial
Site" shall not include property upon which improvements are to be built which also
qualifies as a Multiple-Family Tract, nor shall it include any property which also
qualifies as "Exempt Property" as defined in paragraph (n) of this Article I.
For the purposes of this Declaration, a parcel of land shall not be deemed a "Public
or Commercial Site" until such time as its exact metes and bounds have been surveyed
and a plat thereof identifying or designating such property as a Public or Commercial Site
is recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia. A
Public or Commercial Site, or portions of said Site, shall be deemed to be unimproved
until the improvements being constructed thereon are sufficiently complete to be subject
to Assessment, in the sole and uncontrolled discretion of the Board of Directors, as
improved properties as defined in Section 3 (e) of Article V.
(j) "Development Unit Parcel" shall mean and refer
to any parcel or tract of land within the Properties, conveyed by the Company to any third
party under Covenants and Restrictions permitting the division of such parcel or tract
into smaller land units such as Residential Lots, Multiple-Family Tracts, or Public or
Commercial Sites. For the purposes of this Declaration, a parcel of land shall not be
deemed a "Development Unit Parcel" until such time as its exact metes and bounds
have been surveyed and a plat thereof identifying or designating such property as a
Development Unit Parcel is recorded in the Clerk's Office of the Circuit Court of
Chesterfield County, Virginia; provided, however, that a "Development Unit
Parcel" shall not include any property which also qualifies as "Exempt
Property" as defined in paragraph (n) of this Article I. A Development Unit Parcel,
or portions thereof, shall remain classified as such until further subdivided and
classifiable as a Residential Lot or Lots, Multiple-Family Tract, or Public or Commercial
Site pursuant to Section 3 (h) Article V.
(k) "Unsubdivided Land" shall mean and refer to all
land in the Existing Property described in Article II hereof, and additions thereto, as
are subjected to this Declaration or any supplemental declaration under the provisions of
Article II hereof; which has not been subdivided into and classified as Residential Lots,
Multiple-Family Tracts, Public or Commercial Sites, or Development Unit Parcels, through
metes and bounds subdivision plats recorded in the Clerk's Office of the Circuit Court of
Chesterfield County, Virginia; provided, however, that "Unsubdivided Land" shall
not include any property which also qualifies as "Exempt Property" in paragraph
(n) of this Article I. Unsubdivided Land, or portions thereof, shall remain classified as
such until subdivided and classifiable as a Residential Lot or Lots, Multiple-Family
Tract, Public or Commercial Site, or Development Unit Parcel pursuant to Section 3 of
Article V.
(l) "Family Dwelling Unit" shall mean and refer to
any improved property or any property formerly classified a Residential Lot for which a
building permit has been issued by the appropriate governmental authorities, which
property is located within the Properties and intended for use as a Single Family
Dwelling, including without limitation, any Single-Family Detached Dwelling. Single Family
"D" Duplex Unit, Patio Home (or Zero lot line), Condominium Unit, Townhouse
Unit, Cooperative Apartment Unit or Apartment Unit located within the Properties.
(m) "Public or Commercial Unit" shall mean and
include any improved parcel of land within the Properties which is intended and designed
to accommodate public, commercial, governmental. or business enterprises to serve
Residents and/or the public, including, but not limited to, all those enterprises
enumerated in subparagraph (i); provided, however, that a "Public or Commercial
Unit" shall not include any property which also qualifies as "Exempt
Property" as defined in paragraph (n) of this Article I. A parcel of land shall not
be deemed to be improved until the improvements being constructed on said parcel are
sufficiently complete to be subject to Assessment, in the sole and uncontrolled discretion
of the Board of Directors, as improved properties. (See Second Amendment, #1)
(n) "Exempt Property" shall mean and refer to the
following classifications of property within the Properties which, for the purposes of
this Declaration, shall not be deemed "Multiple-Family Tracts," "Public or
Commercial Sites," "Development Unit Parcels," "Unsubdivided
Land," or "Public or Commercial Units," and shall be expressly excepted
from the definitions thereof:
| (1) All lands designated on
the Master Plan for intended use, or by actual use if applicable, for (i) indoor and
outdoor recreational and community facilities owned and operated by the Company, the
Company's Affiliates, the Developer, the Developer's Affiliates, the Association, and any
other home owners association (hereinafter referred to as "Home Owners
Association") organized by the Company or by others with the consent of the Company
within the properties if such Home Owners Association operates such facilities for the
private use of its members or the Members of the Association, including, but not limited
to, tennis courts, platform tennis courts, handball courts, squash courts, basketball
courts, swimming pools, gymnasiums, golf courses, ice skating rinks, and any showers,
locker rooms, or other club facilities associated with such uses, putting greens,
playgrounds, ball fields, spectator viewing pavilions, gazebos, picnic shelters, picnic
tables, parks, horseback riding stables, riding arenas, riding trails, walking trails,
bike trails, boardwalks, decks, boating facilities and marinas, boat rental facilities,
boat storage facilities, trailer storage facilities, fishing facilities, beach facilities,
bicycle rental facilities, operating farms and/or animal pastures, wildlife conservancies
and feeding stations, nature interpretive areas, amphitheatres, community meeting
facilities, and all rest room facilities, parking lots, service buildings, concession-type
food services associated with all such uses; and (ii) places of worship, libraries; fire
stations and rescue squads; post offices; day care centers, nursery schools, and other
schools and instructional centers; non-profit or charitable community, civic, or cultural
clubs and institutions; and other similar community facilities which the Board of
Directors, in its sole and uncontrolled discretion, may designate as Exempt Properties;
(2) All lands and any improvements thereon designated in any way as Common Properties or
Restricted Common Properties:
(3) All lands and any improvements thereon committed to the
Association through express, written notification by the Company to the Association of
intent to convey to the Association, including, without limitation, Intended Common
Properties and Intended Restricted Common Properties.
(4) All lands designated on the Master Plan or on recorded
plats as Open Space or Private Open Space (hereinafter referred to, respectively, as
"Open Space Areas" and "Private Open Space Areas") as defined in the
Declaration of Rights, Restrictions, Affirmative Obligations and Conditions Applicable to
All Property in Woodlake, and any improvements thereon which are defined in subparagraph
(1) of this paragraph (n);
(5) Property which is used for the maintenance, operations and
service of facilities within Common Properties, Restricted Common Properties, Intended
Common Properties, and Intended Restricted Common Properties, and facilities within Open
Space Areas and Private Open Space Areas which are defined in subparagraph (1) of this
Paragraph (n);
(6) Property which is used for the maintenance, operation, and
service of utilities within the Properties;
(7) All lands within the waters of the Swift Creek Reservoir,
as shown on recorded plats as lands lying below the mean water surface elevation of 177
feet of the Swift Creek Reservoir. |
(o) "Owner" shall mean and refer to
the Owner as shown by the Real Estate Records in the Clerk's Office of the Circuit Court
of Chesterfield County, Virginia, whether it be one (1) or more persons, firms,
associations, corporations, or other legal entities, of fee simple title to any
Residential Lot, Family Dwelling Unit, Multiple-Family Tract, Public or Commercial Site,
Public or Commercial Unit, Development Unit Parcel, or Unsubdivided Land situated upon the
Properties but, notwithstanding any applicable theory of a deed of trust, shall not mean
or refer to the mortgagee or holder of a deed of trust, its successors or assigns, unless
and until such mortgagee or holder of a deed of trust has acquired title pursuant to
foreclosure or a proceeding or deed in lieu of foreclosure; nor shall the term
"Owner" mean or refer to any lessee or Tenant of an Owner. In the event that
there is recorded in the Office of the Clerk of the Circuit Court of Chesterfield County,
Virginia, a long-term contract of sale covering any Lot or Parcel of land within the
Properties, the Owner of such Lot or Parcel of land shall be the Purchaser under said
contract and not the fee simple title holder. A long-term contract of sale shall be one
where the Purchaser is required to make payments for the Property or period extending
beyond nine (9) months from the date of the contract and where the Purchaser does not
receive title to the Property until all such payments are made, although the Purchaser is
given the use of said Property.
(p) "Tenant" shall mean and refer to the lessee
under a written agreement for the rent and hire of a Family Dwelling Unit or Public or
Commercial Unit in Woodlake.
(q) "Resident" shall mean and refer to each Owner
and Tenant of a Family Dwelling Unit who resides in Woodlake.
(r) "Member" shall mean and refer to all those
Owners and Tenants who are Members of the Association as defined in Section 1 of Article
III.
(s) "Master Plan" shall mean and refer to the
drawing which represents the conceptual plan for the future development of Woodlake. Since
the concept of the future development of Woodlake is subject to continuing revision and
change by the Company, present and future references to the "Master Plan" shall
be references to the latest revision thereof.
(t) "Intended for Use" shall mean the use intended
for various parcels within the Properties as shown on the Master Plan of Woodlake prepared
by the Company as the same may be revised from time to time by the Company. or the use to
which any particular parcel of land is restricted by Covenants expressly set forth or
incorporated by reference in deeds by which the Company has conveyed the property.
(u) "Common Properties" shall mean and refer to
those tracts of land with any improvements thereon which are deeded or leased to the
Association and designated in said deed or lease as "Common Properties." The
term "Common Properties" shall also include any personal property acquired or
leased by the Association if said property is designated a "Common Property."
All Common Properties are to be devoted to and intended for the common use and enjoyment
of the Members of the Association, their guests, and visiting members of the general
public (to the extent permitted by the Board of Directors of the Association) subject to
the fee schedules and operating rules adopted by the Association, provided, however, that
any lands or personal property which are leased by the Association for use as Common
Properties shall lose their character as Common Properties upon expiration of such lease.
Common Properties shall not include those tracts of land falling within the definition of
"Restricted Common Properties" set forth below.
(v) "Restricted Common Properties shall mean and refer to
those tracts of land with any improvements thereon which are deeded or leased to the
Association and designated in such deed or lease as "Restricted Common
Properties." The term "Restricted Common Properties" shall also include any
personal property acquired or leased by the Association if said property is designated a
"Restricted Common Property." All Restricted Common Properties are to be devoted
to and intended for the common use and enjoyment of Type "A" Members of the
Association, guests accompanying such Member, and the Company so long as the Company is a
Type "A" Member of the Association, with all use of Restricted Common Properties
to be subject to the fee schedules and operating rules adopted by the Association. Any
lands or personal property which are leased by the Association for use as Restricted
Common Properties shall lose their character as Restricted Common Properties upon the
expiration of such lease.
(w) "Intended Common Property" shall mean and refer
to those tracts of land and any improvements thereon committed to the Association through
express, written notification by the Company to the Association of intent to convey said
property to the Association as a Common Property.
(x) "Intended Restricted Common Property" shall mean
and refer to those tracts of land and any improvements thereon committed to the
Association through express, written notification by the Company to the Association of
intent to convey said property to the Association as a Restricted Common Property.
(y) "Neighborhood Area" shall mean and refer to
areas in Woodlake designated as neighborhoods on the Master Plan and subdivision plats
recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia.
(z) "Referendum" shall mean and refer to the power
of all or some specific portion of the Members to vote by mailed ballots on certain
actions by the Board of Directors of the Association more particularly set forth herein.
In the event fifty-one (51%) percent of the votes actually returned to the Association
within the specified time shall be in favor of such action, the Referendum shall be deemed
to "pass" and the action voted upon will be deemed to have been authorized by
the Members, provided, however, that if a higher percentage required to "pass"
shall be specifically expressed herein, that higher percentage shall control in that
instance. |