| Section 1. Members' Easements of Enjoyment in Common Properties. Subject
to the provisions of these Covenants, the rules and regulations of the Association, and
any fees or charges established by the Association, every Type "A,"
"B," "C," "D," and "E" Member, and every guest of
such Type "A," "B," "C," "D," and "E"
Member, shall have a right of easement of enjoyment in and to the common Properties, and
such easement shall be appurtenant to and shall pass with the title of every Residential
Lot, Family Dwelling Unit, Multiple-Family Tract, Public or Commercial Site, Public or
Commercial Unit, Development Unit Parcel, or any Unsubdivided Land.
Employees of the Type "E" Member and its agent, the Developer, shall have
access to and enjoyment of the Common Properties subject to rules and regulations and user
fees established by the Board of Directors.
A Member's spouse, parent, and children who reside with such Member in Woodlake shall
have the same easement of enjoyment hereunder as a Member.
In those instances where a Residential Lot or Family Dwelling
Unit or other property in Woodlake is owned or occupied as a Tenant by two (2) or more
persons (who do not have the relationship of spouse, parent, or child, one to the other)
or by a corporation, such joint Owners and corporations shall annually appoint one (1)
person as the "Primary Member." Such Primary Member shall have the same easement
of enjoyment in the Common Properties as Members who own occupy such property singularly.
The remaining Joint Members and Tenants and the principal officers of such corporation
shall be entitled to an easement of enjoyment in the Common Properties by:
| (1) Paying the same user fees as guests of
Members, or (2) By paying to the Association annually an amount
equal to the Annual Assessment charged against the property in which he or she owns a
fractional interest or occupies as a Tenant. The payment of such amount shall not entitle
such remaining Joint Members, Tenants or principal officers to additional votes in the
Association. |
As determined in the sole and uncontrolled
discretion of the Board of Directors, certain Owners of Exempt Properties, and certain
Tenants and guests, may have access to and enjoyment of the Common Properties subject to
rules and regulations and user fees established by the Board of Directors.
Section 2. Members' Easements of Enjoyment in Restricted
Common Properties. Subject to the provisions of these covenants, the rules and
regulations of the Association, and any fees or charges established by the Association,
every Type "A" Member, but not Type "B," "C," or
"D" Member, shall have a right and easement of enjoyment in and to the
Restricted Common Properties and such easement shall be appurtenant to and shall pass with
the title of every Residential Lot and Family Dwelling Unit. By an affirmative vote of
seventy-five (75%) percent of the votes cast at a meeting of the Association called for
the purpose of voting on such proposal, a "Restricted Common Property" may be
changed into an unrestricted "Common Property." Employees of the Company and its
agent, the Developer, shall have access to and enjoyment of the Restricted Common
Properties so long as the Company is a Type "A" Member, subject to rules,
regulations, and user fees established by the Board of Directors.
Section 3. Title to Common Properties and Restricted Common
Properties.
(a) The Company covenants for itself, its successors and assigns,
that it shall convey by deed to the Association, at no cost to the Association, and
subject to (i) all restrictions and limitations imposed by the Declaration of Rights,
Restrictions, Affirmative Obligations and Conditions Applicable to All Property in
Woodlake, including without limitation, all rights of easement and rights of entry
reserved unto the Company, its successors and assigns, in said Declaration, (ii) all other
restrictions and limitations of record at the time of conveyance, (iii) any restrictions,
limitations, conditions, or determinations as to the purposes and uses of the conveyed
properties as stipulated in said deed, (iv) any commitments by the Company to construct
certain improvements thereon as stipulated in said deed, those Intended Common Properties
and Intended Restricted Common Properties described in Section 5 of this Article IV
hereof, and any other parcels of land and any improvements thereon now or hereafter
designated as Intended Common Properties or Intended Restricted Common Properties; and,
upon such conveyance, such parcels of land and any improvements thereon shall become
Common Properties or Restricted Common Properties as designated in said deed.
(b) The Association shall not refuse the designation of any
parcel of land or any improvements thereon as an Intended Common Property or Intended
Restricted Common Property through the express, written notification by the Company to the
Association of intent to convey said property to the Association, and, further, the
Association shall not refuse to accept any Intended Common Property or Intended Restricted
Common Property as a Common Property or Restricted Common Property at such time as the
Company, in its sole and uncontrolled discretion, deems it advisable to convey such
property to the Association.
(c) Upon designation of any parcel of land and any
improvements thereon as an Intended Common Property or Intended Restricted Common Property
by the Company, or upon conveyance of any parcel of land and any improvements thereon as a
Common Property or Restricted Common Property by the Company or any other third party, the
Association shall immediately become responsible for all maintenance and operation of said
property, and for such additional construction of improvements thereon as may be
authorized by the Association's Board of Directors subject to the Declaration of Right,
Restrictions, Affirmative Obligations and Conditions Applicable to All Property in
Woodlake. It is the purpose of this provision to provide that the Association shall be
responsible for all maintenance and operation of all Common Properties, Restricted Common
Properties, Intended Common Properties, and Intended Restricted Common Properties,
notwithstanding the fact that (i) the Company shall not convey such Intended Common
Properties and Intended Restricted Common Properties to the Association until such time as
the Company, in its sole and uncontrolled discretion, deems it advisable to do so, subject
to the provisions of Section 5 of this Article 4, and (ii) the Company may elect, in its
sole and uncontrolled discretion, to operate certain facilities within Intended Common
Properties and Intended Restricted Common Properties until such time as said facilities
are actually conveyed to the Association.
(d) Notwithstanding anything in the foregoing to the contrary,
the Company reserves unto itself, its successors and assigns, and its agents, the right to
enter upon any Intended Common Property, Intended Restricted Common Property, Common
Property, or Restricted Common Property for the purpose of constructing indoor and outdoor
recreational and community facilities thereon, 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, boat rental facilities, boat storage facilities,
trailer storage facilities, fishing 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.
The provisions of this paragraph shall in no way create any obligation on the part of the
Company to construct any such facilities on said properties.
(e) Natural areas, trail areas, etc. may be designated from
time to time as Intended Common Properties or Intended Restricted Common Properties, and
shall be conveyed in large or small parcels from time to time after the Company has
completed the surveying and platting of all adjacent subdivisions for Single Family
Detached, Single Family "D" Duplex, and Patio Home (or Zero Lot Line) housing
areas, Multiple-Family Tracts, Public or Commercial Sites, or Development Unit Parcels
which may abut such natural areas, trail area, etc. Written notification designating such
properties as Intended Common Properties or Intended Restricted Common Properties will not
normally show metes and bounds and, in any event, the metes and bounds as shown on the
recorded plat and deed to the Association shall govern.
(f) Notwithstanding anything in the foregoing to the contrary,
the Company shall not be required to convey the above referred to parcels where such
conveyance would be prohibited under agreements existing on the date hereof, but, in such
case, shall be allowed to postpone such conveyance, without penalty, until such time as
said prohibition may be nullified.
Section 4. Extent of Members' Easements. The rights and easements of enjoyment
created hereby shall be subject to the following:
(a) The right of the Association, in accordance with its
By-Laws, to borrow money from the Company or any lender for the purpose of improving
and/or maintaining the Common Properties and Restricted Common Properties, and providing
services authorized herein and in aid thereof to mortgage said properties provided,
however, 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 an affirmative vote of
two-thirds of the Members voting in person or by proxy at a duly called meeting of the
Association; and
(b) The right of the Association to take such steps as are
reasonably necessary to protect the above-described properties against foreclosures; and
(c) The right of the Association to suspend the rights and
easements of enjoyment of any Member or Tenant or guest of any Member for any period
during which the payment of any Assessment against property owned by such member remains
delinquent, and for any period not to exceed sixty (60) days for any infraction of its
published rules and regulations, it being understood that any suspension for either
non-payment of any Assessment or a breach of the rules and regulations of the Association
shall not constitute a waiver or discharge of the Member's obligation to pay the
Assessment, and, provided that the Association shall not suspend the right to use any
roads belonging to the Association subject to the rules, regulations and fees, if any,
established by the Association for such use.
(d) The right of the Association to charge reasonable
admission and other fees for the use of recreational facilities and services on the Common
Properties and Restricted Common Properties.
(e) The right of the Company or the Association by its Board
of Directors to dedicate or transfer to any public or private utility, utility or drainage
easements on any part of the Common Properties and Restricted Common Properties.
(f)The right of the Association to give or sell all or any
part of the Common Properties and Restricted Common Properties, including lease-hold
interests, subject to (i) the conditional Use for Planned Development approved by the
Board of Supervisors of Chesterfield County, Virginia, (ii) the limitations and
restrictions imposed by the Declaration of Rights, Restrictions, Affirmative Obligations
and Conditions Applicable to All Property in Woodlake, and (iii) all other restrictions
and limitations of record at the time of conveyance, to any public agency, authority,
public service district, utility, or private concern for such purposes and subject to such
conditions as may be agreed to by the Members, provided, however, that no such gift or
sale of any parcel of land and improvements thereon, or determination as to the purposes
or as to the conditions thereof, shall be effective unless such dedication, transfers, and
determinations as to purposes and conditions shall be authorized by the affirmative vote
of three-fourths (3/4) of the votes cast at a duly called meeting of the Association,
subject to the quorum requirements established by Article III, Section 6 (a), and unless
written notice of the meeting and of the proposed agreement and action thereunder is sent
to every Member of the Association at least thirty (30) days prior to such meeting. A true
copy of such resolution together with a certificate of the results of the vote taken
thereon shall be made and acknowledged by the President or Vice President and Secretary or
Assistant Secretary of the Association and such certificate shall be annexed to any
instrument of dedication or transfer of any parcel of land and improvements thereon
affecting the Common Properties or Restricted Common Properties prior to the recording
hereof. Such certificates shall be conclusive evidence of authorization by the membership.
The gift or sale of any personal property owned by the Association shall be determined by
the Board of Directors Directors in its sole and uncontrolled discretion. (See First Amendment, #1)
(g) The rights of reversion of the Lessor of any Common
Properties or Restricted Common Properties leased by the Association upon expiration of
the lease.
Section 5. The company covenants for itself, its
successors and assigns, that, prior to January 1, 1999, it shall convey by deed to the
Association, at not cost to the Association, and subject to all the restrictions and
limitations of the various Articles of this Declaration and any other restrictions and
limitations of record, certain properties designated as Intended Common Properties and
Intended Restricted Common Properties as listed below:
(a) Intended Common Properties. There shall be conveyed
to the Association by the Company:
| (1) At least forty (40) acres of Open Space or
Private Open Space designated as such on the Company's Master Plan or subdivision plats
recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia.
(2) Any other parcel of land any improvements thereon designated from date until January
1, 1999, as an Intended Common Property through express, written notification by the
Company to the Association of intent to convey said property to the Association. |
(b) Intended Restricted Common Properties. There
shall be conveyed to the Association by the Company any parcel of land and any
improvements thereon designated from date until January 1, 1999, as an Intended Restricted
Common Property through express, written notification by the Company to the Association of
intent to convey said property to the Association. (See Second Amendment, #2) |