DB 746, PG 677
DB 765, PG 716
DB 779, PG 300
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by THE NATICNAL
BIRCHWOOD CORPORATION, a Delaware Corporation, hereinafter referred to
"Declarant":
WITNESSETH
WHEREAS, Declarant is the owner of certain property in County of Loudoun,
State of Virginia, which is more particularly described as:
LOTS ONE (1) through FIFTY-SEVEN (57), SECTION ONE, CARDINAL GLEN,
and Parcels "A", "B", & "C", as the same appear duly dedicated,
platted and recorded in Deed Book 717, at Page 370 among the land
records of Loudoun County, Virginia.
NOW, THEREFORE, Declarant hereby declares that all of the property
described above shall be held, sold and conveyed subject to the following
easements, restrictions, covenants and conditions, which are for the purpose
of protecting the value and desirability of, and which shall run with, the
real property and be binding on all parties having any right, title or
interest in the described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner
thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to CARDINAL GLEN OF LOUDOUN
HOMEOWNERS ASSOCIATION, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one
or more persons or entities, of a fee simple title to any Lot which is a
part of the Property, including contract sellers, but excluding those
haveing such interest merely as security for the performance of an
obligation.
Section 3. "Property" shall mean and refer to that certain real property
hereinbefore described, and such additions thereto as may hereafter be
broucht within the jurisdiction of the Association.
Section 4. "Common Area" shall mean all real property (including the
improvements thereto) owned by the Association for the common use and
enjoyment of the owners. The Common Area to be owned by the Association at
the time of the conveyance of the first lot is described as follows:
PARCELS "A", "B". and "C", containing a total of 278,704
square feet in the Subdivision known as SECTION ONE,
CARDINAL GLEN, as the same is duly dedicated, platted and
recorded among the land records of Loudoun County,
Virginia.
Section 5. "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Property with the exception of the Common
Area.
Section 6. "Declarant" shall mean and refer to THE NATIONAL BIRCHWOOD
CORPORATION, a Delaware Corporation, its successors and assigns if such
successors or assigns should acquire more than one undeveloped Lot from the
Declarant for the purpose of development.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners’ Easement of Enjoyment. Every owner shall have a right
and easement of enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
a) the right of the Association to charge reasonable admission and other
fees for the use of any recreational facility situated upon the Common
Area;
b) the right of the Association to suspend the voting rights and right to
use of the recreational facilities by an owner for any period during
which any assessment aginst his Lot remains unpaid; and for a period
not to exceed 60 davs for anv infraction of its published rules and
regulations;
c) the right of the Association to didcate or transfer all or any oart of
the Common Area to any public agency, authority, or utility for such
ourposes and subject to such conditions as mav be agreed to bv the
members. No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by more than
2/3rds of each class of members has been recorded. The Association
shall not make any dedication or transfer of the common area contrary
to the provisions of the then existing ordinances of Loudoun County,
Virginia.
Section 2. Delegation of Use. Any owner may delegate, in accordance with
the By-Laws, his right of enjoyment to the Common Area and facilities to the
members of his family, his tenants, or contract purchasers who reside on the
Property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a Lot which is subject to assessment shall be a
member of the Association. Membership shall be appurtenant to and may not
be separate from ownership of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of
the Declarant, and shall be entitled to one vote for each Lot owned. When
more than one person holds an interest in any Lot, all such persons shall be
members. The vote for such Lot shall be exercised as they determine, but in
no event shall more than one vote be case with respect to any Lot.
Class B. The Class B member(s) shall be the Declarant and shall be
entitled to three (3) votes for each Lot owned. The Class B membership shall
cease and be converted to Class A membership on the happening of either of
the following events, whichever earlier occurs:
a) when the total votes outstanding in the Class A membership equal the
total votes outstanding in the Class B membership, or
b) on December 31, 1985.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal obligation of Assessments.
The Declarant, for each Lot owned within the Property, hereby covenants, and
each owner of any Lot by acceptance of a Deed therefor, whether or not it
shall be so expressed in such Deed, is deemed to covenant and agree to pay
to the Association: 1) annual assessments or charges, and 2) special
assessments for capital improvements, such assessments to be established and
collected as hereinafter provided. The Declarant, for each Lot owned within
the Properties, hereby covenants and agrees to pay annual assessments and
special assessments for capital improvements at a rate of twenty-five
percent (25%) of the assessments established for and collected from Class A
members. Provided, however, for each Lot owned by Declarant having an
occupied dwelling thereon, Declarant shall pay one hundred percent (100%) of
the established assessment. The annual and special assessments, together
with interest, costs and reasonable attorney's fees, shall be a charge on
the land and shall be a continuing lien upon the property against which each
such assessment is made. Each such assessment, together with interest,
cost and reasonable attorney's fees, shall also be the personal obligation
of the person who was the Owner of such property at the time when the
assessment fell due. The personal obligation for delinquent assessments
shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessment levied by the
Association shall be used exclusively to promote the recreation, health,
safety and welfare of the residents in the Property and for the improvement
and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 Of the year
immediately following the conveyance or the first Lot to an Owner, the
maximum annual assessment shall not exceed Two Hundred Forty Dollars
($240.00) per lot.
a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased each year not more than 5% above the maximum
assessment for the previous year without a vote of membership.
b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased above 5% by a vote of two-thirds (2/3rds) of each
class of members who are voting in person or by proxy, at a meeting
duly called for this purpose.
c) The annual assessment, if any, may be set by the Board of Directors at
an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to
the annual assessments authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the
Common Area, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds
(2/3rds) of the votes of each class of members who are voting in person or
by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for any Action Authorized Under Sections 3
and 4. Written notice of any meeting called for the purpose of taking any
action authorized under Section 3 or 4 shall be sent to all members not less
than 30 days nor more than 60 days in advance of the meeting. At the first
such meeting called, the presence of members or of proxies entitled to cast
sixty percent (60%) of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall be held
more than 60 days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all Lots and may be
collected on a monthly, quarterly or semi-annual basis as determined by the
Board of Directors.
Section 7. Date of Commencement of Annual Assessments - Due Dates. The
annual assessments provided for herein, if any, shall commence as to all
Lots on the first day of the month following the conveyance of the Common
Area. The first annual assessment shall be adjusted to the number of months
remaining in the calendar year. The Board of Directors shall fix the amount
of the annual assessment against each Lot at least thirty (30) days in
advance of each annual assessment period. Written notice of the annual
assessment shall be sent to every Owner subject thereto. The due dates shall
be established by the Board of Directors. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by an
officer of the Association setting forth whether the assessment on a
specified Lot have been paid. A properly executed certificate of the
Association as to the status of assessments on a Lot is binding upon the
Association as of the date of its issuance.
Section 8. Effect of Non-payment of Assessments - Remedies of the
Association. Any assessment not paid within thirty (30) days after the due
date shall bear interest from the due date at the rate of eight percent (8%)
per per annum. The Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien against the
property. No owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the Common Area or abandonment
of his lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the
assessments provided for herein shall be subordinate to any first mortgage.
Sale or transfer of any Lot shall not affect the assessment lien. However,
the sale or transfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such assessments as
to payments which became due prior to such sale or transfer. No sale shall
relieve such Lot from liability for any assessments thereafter becoming due
or from the lien thereof.
ARTICLE V
RESTRICTIONS
1. Land Use and Building Type. No lot shall be used except for
residential purposes. No building shall be erected, placed or permitted to
remain on any lot other than one detached single family dwelling not to
exceed two and one-half stories in height and a private garage for not more
than two cars.
2. Architectural Control. Except as provided for in Paragraph "ll"
hereof, no building, fence, wall, antenna, swimming pool or other structure
shall be erected, placed or altered on any lot until the construction plans
and specifications, and a plan showing the location of the structure have
been submitted in writing and approved by the Architectural Control
Committee as to quality of workmanship and materials, harmony of external
design with existing structures, and as to location with respect to
topography and finished grade elevation. No fence of any kind shall be
erected or maintained on any portion of the said premises along the front
property line or from the front building line to the front lot line. This
restriction shall not be construed to preclude the growth of an ornamental
hedge fence which shall be kept neatly trimmed to a height of not more than
three feet around the front yard of any of said Lots. No fence of any kind
shall be erected or maintaine in or along the rear of said premises or from
the front building line to the rear lot line or from the side of any
building to the said lot line except a hedge, picket, chain link, or a fence
of woven wood design, unless submitted in writing and approved by the
Architectural Control Committee. No fence shall exceed 48" in height, except
a fence along the rear lot line or along a side lot line to the rear may
exceed 48" but not 60" in height. This restriction shall not preclude the
building of a fence to enclose a swimming pool area in conformance with the
applicable ordinances of Loudoun County, Virginia. Any fence build on any of
the above described lots shall be maintained in a proper manner so as not to
detract from the value and desirability of surrounding property. The words
"rear yard" as set forth above shall not include any area that extends in
front of the building restrictions lines as established by the Zoning
Ordinances of Loudoun County, Virginia, and shall apply to both of the
street frontages on all corner lots. No person shall paint the exterior of
any building a color different than the original color of said building
without the proposed color having been approved by the Architectural Control
Committee.
3. Easements. Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat and as set
forth in the Deed of Dedication.
4. Nuisances. No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which may by or may become an
annoyance or nuisance to the neighborhood. No clothing, laundry or wash
shall be aired or dried on any portion of the properties in any area other
than in the rear yards of the lots.
5. Business Use. No trade or business of any kind shall be advertised
from or transacted on the said premises, except that this covenant shall not
prevent a lawyer, physician, dentist, podiatrist, chiropodist, or any other
member of the medical, dental or legal profession from practicing such
profession from said premises, provided that such person so practicing such
profession from said premises also resides therein, has no more than one
employee, and complies in all respects with the Zoning Ordinance of Loudoun
County, Virginia.
6. Signs. No sign of any kind shall be displayed to the public view on
any lot except one professional sign of not more than one square foot, one
sign of not more than five square feet advertising the property for sale, or
rent, or signs used by a builder to advertise the property during the
construction and sales period.
7. Temporary Structures. No structure of a temporary character, trailer
tent, shack, garage, barn, or other outbuilding shall be used on any lot at
any time as a residence either temporarily or permanently. No trucks,
campers, camping trailers, trailers, or boats shall be stored or parked on
any part of said lots which would allow the aforesaid vehicle to be visible
from the street, nor in the streets abutting said lots, except while
actually loading or unloading; except for trailers used bv the builder
during the construction and sales Period. In 'no event shall trucks or junk
vehicles be parked on any lots or streets or in the common areas.
8. Livestock and Poultry. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any lot, except that dogs, cats or other
household pets may be kept provided they are not kept, bred or maintained
for any commercial purposes.
9. Garbage and Refuse Disposal. Trash and garbage containers shall not
be permitted to remain in public view except on days of trash collection
unless in containers approved by the Architectural Control Committee. No
accumulation or storage of litter, new or used building materials or trash
of any kind shall be permitted on any lot, which shall be maintained in a
neat and attractive manner, so as not to detract from the appearance of the
entire property.
10. Membership. The Architectural Control Committee is composed of
three (3) members of the Board of Directors. A majority of the Committee may
designate a representative to act for it.
11. Procedure. The Committee's approval or disapproval as required
in these covenants shall be in writing. In the event the Committee, or its
designated representative, fails to approve or disapprove within 60 days
after plans and specifications have been submitted to it, or in any event,
if no suit to enjoin the construction has been commenced within 60 days
after the completion thereof, approval will not be required and the related
covenants shall be deemed to have been fully complied with.
12. Lot Area and Width. No dwelling shall be erected or placed on
any lot that does not comply with minimum lot size and width as defined by
the applicable ordinance of Loudoun County, Virginia; provided, however,
that the architectural Control Committee is authorized to permit reasonable
variations to conform to variance granted by the proper authorities of said
County.
13. Obstruction of View. No tree, hedge or shrub planting shall be
maintained in such manner as to obstruct sight lines for vehicular traffic.
14. Removal of Trees. Except as provided in Paragraph 13, no living
tree of a diameter of more than four inches measured two feet above ground
level, lying without the approved building and driveway area, shall be
removed without the approval of the Architectural Control Committee.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the
right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges nor or hereafter
imposed by the provisions of this Declaration. Failure by the Association or
by any Owner to enforce any covenant or restriction herein contained shall
in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court Order shall in no wise affect any other
provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration
shall run w1th and bind the land, for a term of twenty (20) years from the
date this Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten (10) years. This
Declaration may be amended during the first twenty (20) year period by an
instrument signed by not less than 90% of the Lot Owners, and thereafter by
an instrument signed by not less than 75% of the Lot Owners. No amendment
shall be effective unless signed by at least one lot owner, if any shall
exist at the time, who is a "Class A" member. Any amendment must be
recorded.
Section 4. Annexation. If the Declarant should develop additional lands
within the vicinity of the Property, such additional lands may be annexed to
the Property, provided that any such annexation shall have the assent of
two-thirds (2/3rds) of the membership of each Class. The Common Areas and/or
residential properties so annexed shall be governed by the terms of this
Declaration, and the Owners of the annexed residential properties shall also
be governed by the provisions of this Declaration.
Section 5. FHA/VA Approval. As long as there is a Class B membership,
the following actions will require the prior approval of the Federal Housing
Administration or the Veterans Administration: Annexation of additional
properties, members and consolidations, mortgaging of the Common Area,
dedication of Common Area, dissolution and amendment of these Articles.
