Woodlake Community Association Covenants:
Article VI, Functions of the Association

 

     Section 1. Ownership and Maintenance of Properties. The Association shall be authorized to own and/or maintain (subject to the requirements of the Board of Supervisors of Chesterfield County, Virginia) Common Properties, Restricted Common Properties, Intended Common Properties, and Intended Restricted Common Properties, equipment, furnishings, and improvements devoted to the following uses:

     (a) For roads, roadways, roadway medians and parkways along said roads or roadways, cul-de-sac islands, and neighborhoods or other area entrances throughout the Properties;

     (b) For sidewalks, walking paths or trails, bicycle paths, and bridle paths through the Properties;

     (c) For transportation facilities throughout the Properties other than privately owned automobiles, e.g., buses, electric vehicles, ferry boats, etc.;

     (d) For security and fire protection services including security stations, guardhouses, police equipment, fire stations and fire fighting equipment, and buildings used in maintenance functions;

     (e) For emergency health care including ambulances, rescue squad facilities, emergency care medical facilities, and the equipment necessary to operate such facilities;

     (f) For providing any of the services which the Association is authorized to offer under Section 2 of this Article VI;

     (g) For purposes set out in deeds by which Common Properties and Restricted Common Properties are conveyed to the Association, provided that such purposes shall be approved by the Members of the Association as set out in section 4 of this Article VI;

     (h) For indoor and outdoor recreational and community facilities, including but not limited to, tennis courts, platform tennis courts, handball courts, squash courts, basketball courts, swimming pools, gymnasiums, golf courses, ice skating rinks, 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, and concession-type food services associated with all such uses; and

     (i) For water and sewage facilities and any other utilities, if not adequately provided by a private utility, Chesterfield County or some other public body.

     Section 2. Services. The Association shall be authorized (unless prohibited by requirements of the Board of Supervisors of Chesterfield County, Virginia) but not required, except as specified in Section 3 of this Article VI, to provide the following services:

     (a) Cleanup and maintenance of all roads, roadways, roadway medians, parkways, cul-de-sac island, neighborhood and other area entrances, lakes, parks, sidewalks, walking trails, bike trails, Common Properties, Restricted Common Properties, Intended Common Properties, Intended Restricted Common Properties, Open Space Areas, and Private Open Space Areas within the Properties, and also all public properties which are located within or in a reasonable proximity to the Properties such that their deterioration would affect the appearance of the Properties as a whole;

     (b) Landscaping and beautification of roads, roadways, roadway medians, parkways, cul-de-sac islands, neighborhood and other area entrances, lakes, parks, sidewalks, walking paths, bike trails, Common Properties, Restricted Common Properties, Intended Common Properties, Intended Restricted Common Properties, Open Space Areas and Private Open Space Areas;

     (c) Transportation facilities other than privately owned automobiles, e.g., buses, electric vehicles, ferry boats, etc.;

     (d) Lighting of roads, sidewalks, walking paths, bike trails, parking lots, and any recreational and community facilities located within the Properties;

     (e) Police protection and security, including, but not limited to the employment of police and security guards, maintenance of electronic and other security devices and control centers for the protection of persons and property within the Existing Property, and assistance in the apprehension and prosecution of persons who violate the laws of the state of Virginia or the County of Chesterfield, Virginia, within the Properties;

     (f) Fire protection and prevention;

     (g) Garbage and trash collection and disposal;

     (h) Insect and pest control to the extent that it is necessary or desirable in the judgement of the Board of Directors of the Association to supplement the service provided by the state and local governments;

     (i) The services necessary or desirable in the judgement of the Board of Directors of the Association to carry out the Association's obligations and business under the terms of this document;

     (j) Maintenance of all lakes and lagoons located within Woodlake, including the stocking of such lakes and lagoons;

     (k) To take any and all actions necessary to enforce all Covenants and Restrictions affecting the Properties and to perform any of the functions or services delegated to the Association in any Covenants or Restrictions applicable to the Properties;

     (l) To set up and operate an Architectural Review Board for all Common Properties or Restricted Common Properties, and, in the event that the Association is designated by the Company as the agent or the assign of the Company for such purpose, to extend the operation of the Architectural Review Board to all properties within Woodlake;

     (m) Improvement of fishing available to Members within Woodlake;

     (n) To provide day care and child care services;

     (o) To conduct instructional, recreational, sports, crafts, social, and cultural programs of interest to Members, their families and guests;

     (p) To provide legal and scientific resources for the improvement of air and water quality within the Properties;

     (q) To maintain water search and rescue boats for the protection and safety of those in the waters located on or adjacent to the Properties, and to provide boating marinas, moorings, cradles, other boat storage facilities, and boat rental services to Member, their families and guests;

     (r) To provide safety equipment for storm emergencies;

     (s) To support the operation of transportation services between key points of the Properties and the airports, other public transportation terminals and public centers serving the area surrounding the Properties;

     (t) To construct improvements on Common Properties, Restricted Common Properties, Intended Common Properties, or Intended Restricted Common Properties for use for any of the purposes authorized in this Article, or as may be required to provide any of the services authorized in this Article;

     (u) To provide administrative services, including, but not limited to, legal, accounting, and financial; and communication services, including, but not limited to, community newsletters and newspapers to inform Members of activities, notices of meetings, referendums, and other issues and events of community interest;

     (v) To provide liability and hazard insurance covering improvements and activities on the Common Properties and Restricted Common Properties;

     (w) To provide water, sewage, and any necessary utility services not provided by a public body, private utility or the Company.

     (x) To provide, conduct, or maintain water pollution and shoreline erosion abatement measures including, without limitation, maintenance and repair of shore revetments and groins;

     (y) To construct mailboxes, signs, and other standard features for use throughout the Properties;

     (z) To provide any or all of the above listed services to another association of Owners of real property under a contract, the terms of which must be approved by the Board of Directors.

     Section 3. Minimum List of Functions and Services. The "Minimum List of Functions and Services" shall establish and define the minimum level of functions and services which the Association must furnish to its Members. So long as the Company is engaged in the development of Properties which are subject to the terms of this Declaration, the Association shall not reduce the level of function and services it furnishes to its Members below such minimum level without the prior written consent of the Company. The "Minimum List of Functions and Services" is as follows:

     (a) The Association shall provide or procure the administrative services necessary to carry out the Association's obligations and business under the terms of this Declaration, the Articles of Incorporation of the Association, and the By-Laws of the Association, including, but not limited to, legal, accounting, financial, and communications services.

     (b) The Association shall administer and enforce the covenants and restrictions established in this Declaration, including, but not limited to, the following:

(1) The Association shall set Assessments, levy such Assessments, notify the Members of such Assessments, and collect such Assessments;
(2) The Association shall prepare accurate indexes of Members, Property Classifications, Votes, Assessments, the Cumulative Maximum Number of Residential Lots and Family Dwelling Units Authorized in the Properties, and the Maximum Regular Annual Assessment;
(3) The Association shall operate an Architectural Review Board.
(4) The Association shall maintain and operate all Common Properties, Restricted Common Properties, Intended Common Properties, and Intended Restricted Common Properties.
(5) The Association shall hold Annual Meetings, Special Meetings, and Referendums as required, hold elections for the Board of Directors as required, and give Members "proper notice" as required;
(6) The Association shall prepare Annual Statements and Annual Budgets, and shall make the financial books of the Association available for inspection by members at all reasonable times.

     (c) Should the Company appoint the Association its agent for the administration and enforcement of any of the provisions of the General Property Covenants or any other covenants and restrictions of record, the Association shall assume such responsibility and any obligations which are incident thereto.

     (d) Should the Company assign to the Association any of the rights reserved unto it in the General Property Covenants or any other covenants and restrictions of record, the Association shall assume the responsibility of administering and enforcing said rights, and shall assume any obligations which are incident thereto.

     (e) The Association shall provide appropriate liability and hazard insurance coverage for improvements and activities on all Common Properties and Restricted Common Properties.

     (f) The Association shall provide appropriate Directors' and Officers' Legal Liability Insurance, and indemnify persons pursuant to the provisions of the Articles of Incorporation of the Association.

     (g) The Association shall keep a complete record of all its acts and corporate affairs.

     (h) the Association shall provide regular and thorough cleanup of all roads, roadways, roadway medians, parkways, cul-de-sac islands, neighborhood and other area entrances, and bike trails throughout the Properties, including but not limited to, mowing grass on all roadsides, cul-de-sac islands entrances, and bike trails; sweeping all roads and bike trails; landscape maintenance on all roadsides, cul-de-sac islands, entrances, and bike trails; pickup and disposal of trash on all roads, roadsides, cul-de-sac islands, entrances, and bike trails. Such cleanup as is possible shall begin within an individual residential neighborhood as soon as construction of dwellings has commenced within said neighborhood.

     (i) The Association shall provide general maintenance of all directional signs, bike trail signs, and neighborhood and other area signs, including, but not limited to, painting, repair work, and replacement as needed.

     (j) The Association shall repave all bike trails as needed.

     (k) The Association shall operate and maintain all streetlights along all public roads and within all Common Properties and Restricted Common Properties.

     (l) The Association shall provide regular and thorough maintenance and cleanup of all Common Properties, Restricted Common Properties, Intended Common Properties, and Intended Restricted Common Properties, including, but not limited to, mowing of grass, fertilization as needed, landscape maintenance as needed, pickup and disposal of trash, washing down of picnic tables and benches, and painting, repairs to and replacement of all improvements as needed.

     Section 4. Obligation of the Association. The Association shall not be obligated to carry out or offer any of the functions and services specified by the provisions of this Article except as specified in Section 3 or this Article VI. The functions and services to be carried out or offered by the Association at any particular time shall be determined by the Board of Directors of the Association taking into consideration the funds available to the Association and the needs of the Member of the Association. The functions and services which the Association is authorized to carry out or to provide, may be added or reduced at any time upon the affirmative vote of fifty-one (51%) percent of the votes cast by the Type "A," Type "B," and Type "C" Members at a duly called meeting of the Association; provided, however, that for the deletion of service to Type "D" Members, such members shall also be entitled to vote.

     Section 5. Mortgage and Pledge. The Board of Directors of the Association shall have the power and authority to mortgage the property of the Association and to pledge the revenues of the Association as security for loans made to Association which loans shall be used by the Association in performing its authorized functions and services; provided that any such mortgage is with the prior consent of two-thirds of the Members of the Association, which consent may be evidenced by petition or by affirmative vote of two-thirds of the Association. The Company may, but shall not be required, to make loans to the Association, subject to approval by the Company of the use to which such loan proceeds will be put and the terms pursuant to which such loan will be repaid. Notwithstanding anything in this Declaration to the contrary, the Association shall not be allowed to reduce the level of the Annual Assessment below the limit of the Maximum Regular Annual Assessment at any time there are outstanding any amounts due the Company as repayment of any loans made by the Company to the Association without the express written consent of the Company.

     Section 6. Maintenance of Property Not Owned by the Association. The Association shall be authorized to render services of a governmental nature not furnished by the local government in the case of maintenance of property not owned by it.

 
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/ Woodlake Community Association Covenants: Table of Contents /
/ Definitions / Article II, Existing Property and Additions /
/ Article III, Membership and Voting Rights in the Association /
/ Article IV, Property Rights for the Common Property /
/ Article V, Covenants for Assessments / Article VI, Functions of the Association /
/ Article VII, Architectural Control and General Property Covenants /
/ Article VIII, General Provisions / Exhibit "A" / Exhibit "B" /
/ Amendment #1 / Amendment #2 / Amendment #3
/ Back to WCA Homepage /

www.woodlakeonline.com/wca/associationfunctions.htm
Revised: October 05, 2007