DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by THE CLAN CORP., a Virginia
Corporation, hereinafter referred to as "Declarant":
WITNESSETH
WHEREAS, Declarant is the owner of certain property in the County of Loudoun, State of Virginia, which is
more particularly described as:
Lots Fifty-Eight (58) through One Hundred Nineteen (119), both inclusive, and
Parcels "F", "G" and "H", SECTION TWO, CARDINAL GLEN, as the same appear
duly dedicated, platted and recorded among the land records of Loudoun County,
Virginia, in Deed Book at Page
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 NUMBER TWO 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 having
such interest merely as security for the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property herein before described, and such
additions thereto as may hereafter be brought within the jurisdiction of the Association. Declarant reserves the
right to that certain real property consisting of a contiguous parcel of land containing 25.6120 Acres of land known
as PHASE III as more particularly described by metes and bounds in the description attached hereto and
incorporated by reference, and to subject the said Phase III to this Declaration of Covenants, Conditions and
Restrictions without the necessity of joinder of any other lot owner or property owner.
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 "F", "G" and "H", containing a total of 2.3633 Acres in the
Subdivision known as SECTION TWO, 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 CIAN CORP., a Virginia 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' Easements 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 against his Lot remains unpaid; and for a period
not to exceed 60 days for any infraction of its published rules and regulations;
c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public
agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the
members. No 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 separated 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, 1988.
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, costs 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 assessments 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
of the first Lot to an Owner, the maximum annual assessment shall not exceed Sixty and 00/100 Dollars
($ 60.00 ) 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 the 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 my 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 meting. No such subsequent meting sha11 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 according 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 assessments 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 none-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 the lien of 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 or
transfer 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 qualify 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 maintained 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 built 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 be or may become an annoyance or nuisance to the neighborhood. No clothing,
laundry or wash shall be aired or dried an 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 by 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 purpose.
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 raterials 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.
. 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 ordinances 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 restrict-ions, 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 with and bind the land,
for a term of twenty (20) years from the date this Declaration is recorded, after which tine they shall be
automatically extended for successive periods of ten (10) years. This Declaration may he amended during the first
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 log 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 thc 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, mergers and consolidations, mortgaging of the Common Area, dedication of Common Area, dissolution
and amendment of these Articles.
