| 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. |