This
Map of Survey is incorporated herein for a more complete, accurate and detailed
description of the entire The Waters an Lake Anna Subdivision to which this
Declaration applies. And whereas, the Declarant, prior to conveying any lots in
The Waters on Lake Anna Subdivision, wishes to insure the orderly single family
residential development and continued single family residential-character of
The Waters on Lake Anna for the benefit of the Subdivision, the Subdivision's
Developer, future Subdivision Lot Owners, and the Subdivision Homeowner's
Association (i.e. The Waters on Lake Anna Homeowner's Association, Inc.) in
order to promote the best interests and protect the investments of the
Subdivision,, its Developer, and Lot Owners. In accordance with this objective
these covenants are designed to promote the single family residential
development and use of the realty comprising The Waters on Lake Anna
Subdivision.
Now,
therefore, the Declarant hereby declares that all of the Declarant's property
which comprises The Waters-on Lake Anna Subdivision as depicted on the
Incorporated Map of Survey shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions, which are for the
purpose of promoting and protecting the residential nature, value and
desirability of The Waters on Lake Anna Subdivision, and which shall run with
the property and shall be binding on all parties having any right, title or
interest in the property or any part thereof, their heirs, successors and assigns,
and shall inure to the benefit of The Waters on Lake Anna Subdivision and The
Waters at Lake Anna Homeowner's Association, Inc., their heirs, successors or
assigns, to wit:
1. No noxious or offensive trade or activity
shall be carried on upon subdivision property, nor shall any-thing be done
thereon which may be or become an annoyance or nuisance to the neighborhood,
and no condition shall be permitted or allowed to exist on the property which
is or may become an annoyance or nuisance to the Developer, the Subdivision Lot
Owners or the Subdivision Homeowner's Association.
2. No structure of a temporary nature,
including but not limited to a trailer, mobile home, basement, tent shack,
garage barn or other outbuilding shall be used on the part of the Subdivision
at any time as a residence, either temporarily or permanently, and no trailer,
mobile home, tent, shack, barn or other outbuilding shall be permitted to exist
on the property as a residence. However, in conformity with Provision 119
below, recreational vehicles may be kept and stored on the lot so long as they
are not occupied as a residence.
3. With the exceptions set forth herein, no
Subdivision property shall be used for any type of commercial, business or
industrial undertaking or enterprise. The use of the property shall be
restricted to single family residential purposes only. The two exceptions to
this provision are as follows: -1- Any occupant of a residence constructed on
the property may use an interior room within the residence as an office,
provided that the office is a private office that is not open for the reception
of customers or clients or provided that the occupant resides in the home; -2-
This restriction will not prevent any subdivision support activities in
conjunction with this residential subdivision project such as a lot sales
office, a homeowner's association management office, maintenance areas,
recreation areas, central meeting room areas and other such functions normally
associated with a residential subdivision project.
4. If the Declarant, any lot owner, or any
other person or entity who has an interest in any property within the
Subdivision, their heirs, successors or assigns violate or attempt to violate
any of the covenants herein, except as hereinafter provided, it shall be lawful
for the Developer or the Subdivision Homeowner's Association or any other
person or persons owning any real property situated in The Waters on Lake Anna
Subdivision to prosecute any proceeding at law or in equity against the person,
persons or entity violating or attempting to violate any such covenants, either
to prevent his or them from so doing or to recover damages or other dues for
such violation. However, the Declarant is specifically excluded from any
liability for monetary damages.
5. Nothing herein contained shall be construed
as imposing any covenants or restrictions on any other properties or
subdivisions of the Declarant. However, the Declarant expressly reserves the
right to subject other properties to this Declaration.
6. No portion of the Subdivision property shall
be used or maintained as a dumping ground for rubbish, trash or waste. When lot
owners or persons occupying or using the property generate trash, garbage or
other waste, such rubbish shall not be kept except in sanitary containers which
shall be emptied and cleaned at least weekly.
7. Lot owners or occupiers shall be responsible
for mowing their grass and keeping their property free of rubbish, trash, waste
or junk. At all times grass shall not be allowed to grow beyond a maximum
length of sixteen (16) inches In height. Should this provision be violated and
such violation not abated within ten (10) days of written notice to the lot
owner or occupier, the Subdivision Homeowner's Association may enter the property
to mow the same, to bring the lot in conformity with this provision. The cost
of mowing and any action taken in regards to this Provision and its enforcement
(including reasonable attorney fees) shall be an enforceable lien against the
lot and shall also be a personal liability to the lot owner or occupier so as
to ensure the cost thereof is refunded to the Homeowner's Association.
8. Each Lot Owner shall be a member of The
Waters on Lake Anna Homeowner's Association, Inc. and shall remain a member
until he ceases to be a lot owner. The interest of a member in the Association
or its assets cannot be transferred or encumbered except as an appurtenance of
his lot. The Association shall be primarily responsible for enforcement
decisions and actions regarding this Declaration, it shall also have the
authority to promulgate rules and regulations to enhance the enforcement of
this Declaration and to carry on its responsibilities under its Articles of
Incorporation, its Bylaws, and this Declaration. As set forth in the
Association Bylaws, each lot shall be entitled to two votes cast by its
owner(s) in regards to Association matters voted on by members.
9. The Waters on Lake Anna Homeowner's
Association will be conveyed title to the common areas, right-of-ways, and
easements as shown on the Incorporated Map of Survey and as described by the
"Notes" on the Subdivision Plat to hold for the use and common weal
of the Subdivision. Developer and owners acknowledge that any street shown on
any plat may be dedicated to public use and transferred to the County or the
Commonwealth of Virginia.
10. Beginning January 1, 2004, (January 1, 2005,
for lots formerly in Section one, Lake Forest Subdivision) The Waters on Lake
Anna Homeowner's Association, Inc., shall have the authority to levy
assessments for liability insurance, local taxes, maintenance of streets and
all other common facilities and areas, and such other matters as it deems
appropriate. Specifically, it shall provide for yard maintenance of the common
areas and street upkeep. Any sum assessed remaining unpaid for more than
sixty(60) days shall constitute a lien upon the delinquent lot or lots when
filed of record in the Office of the Clerk of Court of Louisa County in the
manner provided for the Virginia General Statutes, amended. The lien for unpaid
assessments shall also secure reasonable attorneys fees incurred by the
Association, its Manager, Officers or Board of Directors incident to the
collection of such assessment or the enforcement of such lien.
In addition
to the lien provided for unpaid assessment, the owner of a lot. who has failed
to pay such assessment may be held personally responsible for such payment.
Further, the Grantee of a lot shall be jointly and severally liable with the
Grantor for all unpaid assessments against the latter for his proportionate
share of the common expenses up to the time of the grant or conveyance,
without prejudice to the Grantee's right to recover from the Grantor the
amounts paid the Grantee therefore.
However, any such Grantee or prospective Grantee shall be entitled to a
written statement from the Manager, the Secretary or Board of Directors, as the
case may be, setting forth the amount of unpaid assessments against the Grantor
and such Grantee shall not be liable for, nor shall the lot conveyed be subject
to a lien for any unpaid assessment against the Grantor in excess of the amount
therein stated. Assessments shall be prorated among the lots with each lot
being assessed an equal share of the common expenses. No lot owned by Declarant
shall be subject to these Assessments. Any lot sold by Declarant. shall be
liable-for the pro-rata portion of the then current year's Assessment.
11. In regards to the last provision, while this
paragraph Shall not be binding upon The Waters on Lake Anna Homeowner's
Association, Inc., it is the recommendation of the Declarant to the Association
that at the time the Declarant relinquishes control of the Subdivision the
Association should initially set an assessment of each lot at $200.00 per year
per lot. With closing
of each lot sale from the Declarant to a buyer, the Declarant collected $200.00
at each closing which was deposited into an account for the Association.
12. The covenants and restrictions contained in
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 time they shall
be automatically extended for successive periods of one (1) year unless and
until this Declaration is rescinded by a duly adopted resolution of The Waters
on Lake Anna Homeowner's Association Board of Directors AND a rescinding
instrument signed and notarized by and for not less than the owners of
seventy-five percent (75%) of the Lots in the Subdivision. This Declaration may
be amended at any time by a duly adopted resolution of The Waters on Lake Anna
Homeowner's Association Board of Directors AND an amending instrument signed
and notarized by and for not less than the owners of seventy-five percent (75%)
of the Lots in the Subdivision. No amendment shall alter any obligation to pay
assessments, affect any lien for the payment of assessments or alter any rights
reserved by the Developer. To be effective any rescinding instrument or
amendment must be recorded in the Clerks Office of the Circuit Court of Louisa
County, Virginia.
13. With the exception set forth below, all
livestock and all domesticated farm animals (including, but not limited to,
fowl, cattle, and swine) shall be prohibited from all Subdivision property.
However, residential occupants of the property may have dogs and cats provided
they shall not disturb or annoy residents of the subdivision and are not
allowed to run free; dogs and cats shall be walked on leashes. If dogs or cats
are walked outside of their home lot, the owner must scoop animal waste and
dispose the same in trash containers. The only exception to the prohibition for
domesticated farm animals shall be that lots lying North of Route 652 of five
(5) or more acres may stable not more than a maximum of up to four (4) horses
on the lot which are owned and used by the owner or occupant of the lot so long
as such horse owner resides on the property, and lots of five, (5) acres or
more in other Sections may stable not more than two (2) horses on the lot which
are owned and used by the owner or occupant of the lot so long as such horse
owner resides on the property unless prohibited in the Deed of conveyance.
14. Loud noises must be avoided at all times,
but especially between the hours of 10:00 p.m. and 8:00 a.m.
15. Occupiers and renters as well as owners are
required to abide by these Covenants. Lot owners shall take care to provide
occupiers and renters with a copy of these Declarations.
16. After conveyance of each respective lot by
the Declarant, no sign or billboards shall be erected or maintained on the said
lot except an appropriate "For Sale" sign, as limited in paragraph
27, and no trade materials or inventories may be stored nor, with the following
exception, may any trucks or tractors be stored or regularly parked thereon.
The exception shall be that privately owned, non-commercial passenger pick-up
trucks owned and used by an owner or renter as a primary vehicle may be parked
upon lots.
17. The invalidation of any one of these
covenants by judgment or court order shall in no way affect any of the other
provisions of this Declaration, and the remaining provisions of this
Declaration shall remain in full force and effect.
18. All lot owners are hereby granted
non-exclusive easements for the purpose of ingress, egress and regress over
those appropriate portions of the common areas for the lot owners and their
invitees. However, lot owners and occupiers shall not leave their vehicles
parked on Subdivision streets (vehicles shall only be parked in drives located
within the boundaries of lots). The Waters an Lake Anna Homeowner's Association
shall have an easement over all non-common areas for the purposes of carrying
out any of its rights or duties.
19. With the two exceptions set forth, no mobile
homes, trailers, tents, shacks or manufactured hones (whether single or double
wide) may be installed on or maintained within the Subdivision. All
construction on the property must conform to all Louisa County building
regulations and requirements. The two exceptions to this provision shall be
that: (1) Nothing herein shall prevent VIRGINIA LAND & LAKES, INC. from
maintaining a trailer on the property as a sales office for so long as VIRGINIA
LAND & LAKES, INC. shall own any lots within the Subdivision which are for
sale, and (2) Nothing herein shall prevent a resident owner or a resident
renter of a lot from parking in the rear of an improved lot (i.e. the
residence's side opposite the adjoining subdivision street, on the other side
of the home from the street) a recreational camper style mobile home which is
titled in the name of the resident owner or, resident renter and is not used or
occupied on the lot.
20. Once a Subdivision lot has been conveyed by
VIRGINIA LAND & LAKES, INC. such lot may not be split or subdivided into
smaller-parcels.
21. Upon application to and approval of the
Developer or the Homeowner's Association, and in accordance to such Louisa
County rules or ordinances as which may be applicable, and in accordance to
such provisions as required by the Homeowner's Association or Developer, two
adjoining lots which have the same ownership may be combined to form a single
lot. In such event the newly formed single lot shall have all the rights and
obligations of a single lot under these Declarations and the Bylaws of the
Homeowner's Association.
22. Lot improvements within the Subdivision
shall be limited to single family residential dwellings with either attached or
detached garages provided the detached garage is of the same construction
style, and material of the dwelling. For waterfront lots, such single family
residential construction shall have an enclosed, heated living space of at
least 2,000 square feet, not including cellars, decks, enclosed parches and
garages. For interior, non waterfront lots, such single family residential
dwelling construction shall have an enclosed, heated living space of at least
1,800 square feet, not including. cellars, decks, enclosed porches or garages.
Dwellings shall have at a minimum at least four (4) ridgepoles in the roof line
and a minimum roof pitch ratio of 5/12. Exteriors of such construction shall be
of wood and/or masonry excluding concrete block type and may be covered by
exterior siding (however, excluding T111 type siding). In conjunction with the
construction of a residential dwelling or thereafter the property may be
further improved by the same construction material as the dwelling. Certain
areas lend themselves to accommodation of larger residences, and Developer may
include additional construction Restrictions in Deeds to individual lots, which
restrictions shall be enforceable as if set out in full herein.
23. Use of the property shall be in conformity
with all local, state and federal laws, regulations and rules regarding construction,
usage, setbacks, improvements, or environmental protection.
24. All of the property composing of The Waters
on Lake Anna subdivision is depicted upon the Incorporated Map of Survey and is
subject to all matters shown on the Incorporated Map of Survey. For purposes of
this Amended Declaration, this expressly includes the property formerly shown
as Section one, Lake Forest Subdivision.
Each lot shall be conveyed subject to all drainage easements, setbacks, street
right-of-ways, wetland delineations and all other matters depicted on the
Incorporated Map of Survey or described by the Map's "Note" section.
25. The Declarant's rights, duties and
obligations hereunder shall cease when the Declarant relinquishes control of
the Subdivision to the Homeowner's Association.
26. "Period of Declarant Control"
means the period commencing on the date hereof and continuing until the earlier
of (i) five (5) years after the date of the first conveyance of a lot to an
owner other than the Declarant; (ii) 120 days after conveyance of eighty-five
percent (85%) of the lots (including any lots which may be created pursuant to
special declarant rights) to a lot owner other than the Declarant; (ii) two
years after Declarant has ceased to offer lots for sale in the ordinary course
of business; or (iv) the date upon which the Declarant voluntarily surrenders
control of the development. Declarant reserves the following special declarant
rights for the entire Property, which shall be exercisable during the period of
Declarant control:
(A) To complete any and all improvements
indicated on the plats and plans;
(B) To construct and maintain any sales office,
management office or model on any of the lots or on any of the common elements
shown on the plat;
(C) To alter the size of any lot, combine or
merge two or more lots, and subdivide any lot;
(D) To appoint or remove any executive board
members during the period of declarant control
Subject
to the initial period of Declarant's control as set forth in the Declaration I
nomination for election of the Board of Directors of the Homeowner's
Association shall be made from the floor at the annual meeting. Election shall
be by secret written ballot and by a majority of the lot owners when a quorum
is present. For this context a quorum shall be as, set in the Bylaws; a quorum
shall consist of members present, in person or by proxy entitled to cast at least fifty percent (50%) of the total
votes in the Association. Cumulative voting is not permitted. At the annual
meeting following the termination of Declarant control, board members shall be
elected as set forth in the Bylaws.
27. A lot owner shall not advertise by placement
of a sign an unimproved lot as being for sale unless and until the Declarant
has sold all of the lots depicted on the Incorporated Plan Map of Development.
For purposes of this provision a lot shall be considered improved only upon the
completion of a single family residence ready for occupancy. This covenant
shall bind lots formerly in Section One of Lake Forest Subdivision only until
January 1, 2004.
BYLAWS
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BYLAWS
OF
THE WATERS AT LAKE ANNA HOMEOWNER'S ASSOCIATION, INC.
A NON-STOCK CORPORATION
FORMED UNDER CHAPTER 10 OF TITLE 13.1 OF THE CODE OF VIRGINIA
ARTICLE I Identity
ARTICLE II Qualification and
Responsibilities of Members
2.1 Members
2.2 More than One Member
2.3 Registration
2.4 Prohibition of Assignment
ARTICLE III Members' Meeting andVoting
3.1 Place
3.2 Annual Meeting
3.3 Special Meetings
3.4 Notices
3.5 Quorum; Adjournment if no Quorum
3.6 Votes' Association Shall not Vote
3.7 Manner of Casting Votes
3.8 Required Votes
3.9 Action by Members Without Meeting
3.10 Prohibition of Cumulative Voting
3.11 Period of Declarant
ARTICLE IV Directors
4.1 First Board
4.2 Number and Qualification of Directors
4.3 Election of Directors
4.4 Term of Office
4.5 Removal
4.6 Vacancies
4.7 Regular Meetings
4.8 Notice of Board Meetings
4.9 Special Meetings
4.10 Quorum; Adjournment if No Quorum
4.11 Manner of Acting
4.12 Board Action Without Meeting
4.13 Compensation of Directors Restricted
4.14 Powers and Duties of Board
4.15 Chairman of Board of Directors
ARTICLE V Officers
5.1 Number
5.2 Duties of Officers
5.3 Qualifications
5.4 Term
5.5 Compensation
5.6 Removal
5.7 Assistance
5.8 Execution of Agreements, etc.
ARTICLE VI Fiscal Management
6.1 Depository
6.2 Fidelity Bonds
6.3 Annual Audit
6.4 Fiscal Year
ARTICLE VII Assessments
7.1 Obligation of Members to Pay Assessments, Amount
of Levy
7.2 Allocation of Common Surplus
7.3 Preparation of Budget and Levying Assessments
7.4 Assessments a Lien
7.5 Payments of Assessments
7.6 Lien as Against First Mortgages
7.7 Special Assessments
7.8 Assessment Roll, Certificate
7.9 Default and Enforcement
7.10 Interest on Delinquent Assessments
7.11 Common Expenses
ARTICLE VIII Compliance, Enforcement,
Fines and Penalties
8.1 Default and Remedies
8.2 Notice of Default and Failure to Cure
8.3 Recovery of Attorney's Fees and Cost
8.4 Nonwaiver of Covenants
ARTICLE IX Amendment
ARTICLE X General
10.1 Rules and Regulations
10.2 Parliamentary Authority
10.3 Conflict
10.4 Tax Exempt Status
ARTICLE I Identity
These are the Bylaws of "THE WATERS AT LAKE ANNA
HOMEOWNER'S ASSOCIATION, INC., a Virginia non-stock corporation (the
"Association"), the Articles of Incorporation (the "Articles") of which have
been filed in the office of the Virginia Secretary of State.
For purposes of these Bylaws, terms specifically
defined in the Declaration of Covenants, Conditions and Restrictions The Waters
at Lake Anna Subdivision, Louisa County, Virginia (the "Declaration") shall
have the same meaning herein.
ARTICLE II Qualification and
Responsibilities of Members
2.1 Members. Each lot owner shall be a member
of the Association and shall remain a member until he ceases to be a lot owner.
2.2 More than One Owner. When there is more than
one lot owner of a lot, all such persons shall be members of the Association.
2.3 Registration. It shall be the duty of each
lot owner to register his name, the number of his lot, his home mailing address,
his home telephone number, his work telephone number (if applicable), and his
e-mail address (if applicable) with the Secretary of the Association. The
member shall with the same registration indicate the mailing address where
notices of the Association business shall be sent to the member. If a lot owner
does not so register, the Association shall be under no obligation to recognize
his membership.
2.4 Prohibition of Assignment. The interest of a
member in the Association assets cannot be transferred or encumbered except as a
appurtenance of his lot.
ARTICLE III Members' Meeting and Voting
3.1 Place. Meetings of the members shall be held
at the registered office of the Association, or such other place within
Virginia, as may be designated from time to time by the Board.
3.2 Annual Meeting. The members shall meet at
least once a year as specified in the notice of such meeting given pursuant to
Section 3.4. At each annual meeting, the members shall elect members of the
Board of Directors ("Directors") and may transact any other business properly
coming before them.
3.3 Special Meetings. Special meetings of the
members may be called at any time by the President of the Association or by the
Board of Directors. Special meetings shall be called and held within forty-five
(45) days after written request therefore, signed by members of the Association
entitled to cast at least twenty percent (20%) of the total votes in the
Association, is delivered to any officer or director of the Association. No
business shall be transacted at a special meeting except that which is stated in
the notice thereof.
3.4 Notices. Notice of all meetings of the
members stating the time and place and accompanied by a complete agenda thereof,
shall be given by the President or the Secretary to each member. Such notice
shall be in writing and shall be hand delivered or sent by United States mail to
the member's address indicated in the records of the Association's Secretary.
In lieu of United States mail posting, when a member so indicates in writing to
the Secretary, such notices to the member may be e-mailed. Notice shall be sent
at least fourteen (14) days in advance of any scheduled meeting.
3.5. Quorum; Adjournment if no Quorum. A quorum
shall consist of members present, in person or by proxy, entitled to cast at
least ten percent (10%) of the total votes in the Association. If a quorum is
not present, the meeting shall be adjourned from time to time until a quorum is
present.
3.6 Votes; Association Shall Not Vote. The total
votes in the Association are determined by the number of lots. Each lot is
entitled to cast two (2) votes. The votes allocated to a lot may be cast by the
lot owners of that lot according to a writing on file with the Association. The
Association shall not be entitled to cast the votes allocated to any lot owned
by it. If a dispute exists among owners of a lot as to authority to vote, all
votes allocated to the lot shall be invalid until the dispute is resolved by
Court Order.
3.7 Manner of Casting Votes. Votes may be cast in
person or by proxy. A proxy must be in writing and must be signed by all of the
owners of the lot. The votes which are subject to the proxy may be given only
to another owner of the lot, or to another member of the Association, or to the
security holder in that lot. The proxy must be filed with the Secretary of the
Association before the meeting. A proxy shall be valid until revoked in writing
by the giver of the proxy of such lot.
3.8 Required Votes. All questions shall be
decided by a majority constituting a quorum of the votes cast on the question
unless the provisions of applicable law, the Declaration, or these Bylaws
require a greater vote.
3.9 Action by Members Without Meeting. Any action
that may be taken at a meeting of the members may be taken without a meeting if
such action is authorized in a writing setting forth the action taken and is
signed by all entitled members, or if such action is taken in any other manner
permitted by law.
3.10 Prohibition of Cumulative Voting. There
shall be no cumulative voting.
ARTICLE IV Directors
4.1 First Board. The first, initial Board of
Directors shall consists of not less than three persons nor more than nine
persons as set forth in the Articles of Incorporation, and successors to any
thereof elected by the members.
4.2 Number and Qualifications of Directors. The
Board of Directors shall consist of not less than three nor more than nine
natural persons as determined at any annual meeting by the members. Each
Director shall be a lot owner or the individual nominee of a lot owner when such
owner is other than an individual.
4.3 Election of Directors. At the first annual
meeting of the members, and at each subsequent annual meeting, the member (with
each lot having two votes) shall elect the Directors by a majority of the votes
cast in the election .
4.4 Term of Office. At the first annual meeting
the members shall elect not less than 3or more than 9 Directors for a term of
one (1) year. By vote of the Board terms may be extended to two years and
staggered to allow for continuity.
4.5 Removal. Any Director may be removed, with or
without cause, by a vote of the members entitled to cast at least seventy
percent (70%) of the total votes in the Association, at a special meeting called
for such purposes, and a successor may then be elected by the members to serve
for the balance of the removed Director's term. A director is automatically
removed if he fails for three (3) consecutive months to attend meetings of the
Board or is delinquent in the payment of assessments.
4.6 Vacancies. Any vacancy in the Board arising
by death or resignation of a Director shall be filled by the act of the
remaining Directors, whether or not constituting a quorum, and a Director so
elected shall serve for the unexpired term of his predecessor in office.
4.7 Regular Meetings. Regular meetings of the
Board may be held at such time and place as shall be determined by a majority of
the Directors. Notice of regular meetings shall be given to each Director,
personally or by mail, telephone, telegraph, or e-mail at least five (5) days
prior to the meeting.
4.8 Notice of Board Meetings. Except in the case
of a special meeting called in an emergency situation as set forth below, notice
of all Board meetings, including agenda and location, shall be provided to all
Association members personally, or by mail, by telephone, by telegraph, or by
e-mail at least five (5) days in advance of the meeting. All Board meetings
shall be open to attendance by Association members.
4.9 Special Meetings. Special meetings of the
Board may be called by the Chairman of the Board of Directors. Special meetings
of the Board of Directors shall be called by the Chairman of the Board, by the
President or by the Secretary after written request thereof, signed by two (2)
Directors is received by the Chairman, or the President or the Secretary, and
shall be held within fifteen (15) days after such written request therefor is
received. Not less than five (5) days notice of such special meeting shall be
given personally or by mail, telephone, telegraph, or e-mail to each Director
and Association member; provided that in the case where the Chairman of the
Board of Directors determines that an emergency exists, a special meeting may be
called by giving such notice as is possible under the circumstance. All notices
of a special meeting shall state the time, place and purpose thereof. No
business shall be transacted at a special meeting except that which is stated in
the notice thereof.
4.10 Quorum; Adjournment if No Quorum. A majority
of the Board shall constitute a quorum for the transaction of business at any
meeting of the Board. If a quorum is not present, the meeting shall be
adjourned from time to time until a quorum is present. The signing by a
Director of the minutes of a meeting shall constitute the presence of such
Director at that meeting for the purpose of determining a quorum.
4.11 Manner of Acting. Each Director shall be
entitled to one vote. The vote of a majority of the Directors present at a
meeting shall constitute the act of the Board unless the act of a greater number
is required by the provisions of applicable law, the Declaration, or the Bylaws.
4.12 Board Action Without Meeting. Any action
that may be taken at a meeting of the Board may be taken without a meeting if
such action is authorized in a writing setting forth the action taken, signed in
approval by all of the Directors, and signed as being witnessed by the President
and Secretary of the Association.
4.13 Compensation of Directors Restricted.
Directors shall receive no compensation for their services, but may be paid for
out-of-pocket expenses incurred in the performance of their duties as Directors.
4.14 Powers and Duties of Board. All of the
powers and duties of the Association shall be exercised by the Board, including
those existing under common law, applicable statutes, the Declaration, the
Articles, and these Bylaws, as any thereof may, from time to time, be amended.
Such powers and duties shall be exercised in accordance with the provisions of
applicable law, the Declaration, the Articles, and these Bylaws, and shall
include, but not be limited to, the following:
(a) To prepare and provide to members
annually a report containing at least the following:
(i) A statement of capital
expenditures in excess of two-thousand five hundred dollars ($2,500.00),
anticipated by the Association during the current or future fiscal year, or made
during the succeeding fiscal years.
(ii) A statement of the status and
amount of any reserve or replacement fund and any portion of the fund designated
for any specified project by the Board.
(iii) A state of the financial
condition of the Association for the last fiscal year.
(iv) A statement of the status of any
pending suits or judgments in which the Association is a party.
(v) A statement of the insurance
coverage provided by the Association.
(vi) A statement of any unpaid
assessments payable to the Association, identifying the lot and the amount of
the unpaid assessment.
(b) To adopt and amend budgets and to
determine and collect assessments to pay the common expenses.
(c) To regulate the use of, and to maintain,
repair, replace, modify and improve the common elements.
(d) To adopt and amend rules and regulations
and to establish reasonable penalties for infraction thereof.
(e) To enforce the provisions of the
Declaration, the Articles, these Bylaws, the actions of the Board or
Association, and rules and regulations of the Association by all legal means,
including injunction and recovery of monetary penalties.
(f) To hire and terminate managing agents
and to delegate to such agents such powers as the Board shall determine, except
such as are specifically required by the Declaration, the Articles, these
Bylaws, or the Act, to be done by the Board or the members.
(g) To hire and terminate agents and
independent contractors.
(h) To institute, defend, intervene in, or
settle any litigation or administrative proceedings in its own name, on behalf
of itself or two (2) or more lot owners, on matters affecting the common area,
or to enforce the Declaration.
(i) To establish and dissolve and liquidate,
from time to time, reserve accounts for any purpose.
(j) To borrow money for the maintenance,
repair, replacement, modification or improvement of common elements and to
pledge and pay assessments, and any and all other revenue and income, for such
purpose.
(k) To buy lots in foreclosure of an
assessment lien, or at any other time or for any other reason, and to sell,
lease, mortgage, and otherwise deal in lots from time to time owned by the
Association.
(l) To impose and receive payments, fees and
charges for the use, rental or operation of the common area other than portions
of the common area which provide access to the lots.
(m) To grant leases, licenses, concessions
and easements through and over the common elements.
(n) To provide for indemnification of the
Association's officers and Directors and maintain officer's and Directors'
liability insurance.
(o) To impose charges for late payment for
assessments and, after notice and an opportunity to be heard, levy reasonable
fines for violations of the Declaration, these Bylaws, or the rules and
regulations.
4.15 Chairman of the Board of Directors. The
Chairman of the Board shall be the presiding officer at Board meetings and at
Association meetings (unless he shall direct the President to preside at
Association meetings). He shall be elected by the Board of Directors from its
membership and shall serve as Chairman during his Director term and may serve
successive terms as Chairman. He shall have a tie-breaking vote in all matters
before the Board of Directors.
ARTICLE V Officers
5.1 Number. The Corporation shall have at least
three officers: a President (a.k.a. Chief Executive Officer), a Secretary, and a
Treasurer.
The corporation may have such other Assistant
officers as are deemed necessary, including a Vice President, if desired by the
President and/or Board of Directors.
5.2 Duties of Officers. Each Officer has,
consistent with these Bylaws, the authority and duties prescribed by the Board
of Directors or by direction of an Officer authorized by these Bylaws to make an
appointment.
In general, the President shall assist the Board
of Directors to ensure that the decisions of the Board are executed. In
addition, the President shall attend all meetings of the Board of Directors and
the Association. At such meeting he shall make such reports on the activities
of the Association as he determines should be made, or as required by the Board
of Directors. Such reports shall be in person or by an Officer designated by
him regarding activities of the Association. The President shall have general
supervision of the Association and shall see that all actions and resolutions of
the Board are carried into effect.
In general, the Secretary shall assist the
President and the Board of Directors to ensure that the decisions of the Board
are executed. The Secretary shall attend all meetings of the Board of Directors
and the Association and shall make such reports as required by President or the
Board. The Secretary shall take care that a written record of all actions taken
by the Board of
Directors, by the Association or the Officers on behalf
of the Association are preserved and shall have the authority to authenticate
such records and action taken. The Secretary, in conjunction with the
Treasurer, shall take care that all financial transactions of the Corporation
shall be recorded in his records. The Secretary shall keep an official record
of the name and addresses/phone numbers of each lot owner/Association member as
each is required to give as set forth above. The Secretary shall keep the
minutes of all meetings and actions of the Board and of the members; shall give
all required notices to the Directors and members; shall keep the records of the
Association, except those kept by the Treasurer; shall perform all other duties
incident to the office of a Secretary of a corporation; and shall perform such
other duties required by the Board or the President.
In general, the Treasurer shall assist the
President and the Board of Directors to ensure that the decisions of the Board
are executed. The Treasurer shall attend all meetings of the Board of Directors
and the Association and shall make such reports as required by the President or
the Board. The Treasurer shall take care that a written record of all financial
actions and decisions taken by the Board of Directors, by the Association or the
Officers on behalf of the Association are preserved. The Treasurer shall have
custody of all intangible property of the Association including funds,
securities, and evidence of indebtedness; shall keep the books of the
association in accordance with good accounting practices and principles and,
upon request, shall submit papers to the Board for examination and approval;
shall deposit all monies and other valuable effects in depositories designated
by the Board; shall disburse funds of the association as directed by the Board;
and shall perform all other duties incident to the office of the Treasurer.
In general, Assistant Officers shall perform such
duties as set forth by the President and/or Board.
5.3 Qualifications. All Officers must be at least
twenty-one (21) years of age. An Officer shall assume his respective office
upon the approval of the Board of Directors.
Each officer and Assistant Officer shall be a lot
owner or the individual nominee of a lot owner which is other than an
individual.
A person may hold one or more of such offices at
one time, except that the President shall not at the same time hold another
office in the Association.
The President or Board of Directors shall have the
authority to make appointments of Assistant Officers. When the President does
so, he must give notice of this appointment and the appointees proposed duties
to the Chairman of the Board of Directors who shall then have the authority to
veto this appointment. If such veto is not forthcoming within five (5) days
after the Chairman receives the notice, the Assistant Officer may assume his
respective office.
5.4 Term. Officers shall serve upon the
approval and at the pleasure of the Board of Directors for so long as the Board
of Directors shall deem fit.
Assistant Officers shall serve upon appointment as
set forth above and at the pleasure of the President for so long as the
President shall deem fit. However, Assistant Officers, may also be removed by
action of the Chairman of the Board of Directors or by the Board of Directors.
5.5 Compensation. The Board of Directors may pay
an Officer or an Assistant such reasonable compensation as the Board may deem
fit for services rendered to the Association.
5.6 Removal. An Officer may be removed, with or
without cause, by the Board of Directors. An Assistant Officer may be removed,
with or without cause, by the President or the Chairman of the Board of
Directors or the Board of Directors.
5.7 Assistance. An Officer, upon the specific
approval of the Board of Directors, shall have the authority to retain such
persons or firms as the Officer shall deem necessary to assist the Officer in
the performance of his duties. The Officer shall be responsible for oversight
of such persons or firms.
5.8 Execution of Agreements, etc. All agreements,
deeds, mortgages, or other instruments shall be executed by any two (2) officers
or by such person or persons as may be designated by the Board.
ARTICLE VI Fiscal Management
6.1 Depository. The Board shall designate a
depository for the funds of the Association and may change such depository.
Withdrawal of funds from such depository shall be only by checks signed by any
two (2) officers of the Association, or any other persons authorized by the
Board.
6.2 Fidelity Bonds. Fidelity bonds shall be
maintained by the Association in an amount determined by the Board, covering
each Director and officer of the Association, any employee or agent of the
Association, and any other person handling, or responsible for handling funds of
the Association.
6.3 Annual Audit. A summary of the accounts of
the Association shall be made annually by the Treasurer, and a copy of the
report shall be furnished to each member who requests such not later than April
1 of the year following the year for which the report is made.
6.4 Fiscal Year. The fiscal year of the
Association shall be the calendar year provided that the Board, from time to
time, by resolution, may change the fiscal year to some other designated period.
ARTICLE VII Assessments
7.1 Obligation of Members to Pay Assessments;
Amount of Levy. Until the Association levies a common expense assessment or
until the end of the Declarant control period (whichever occurs first),
Declarant shall pay all accrued expenses of the Association. Thereafter, each
lot owner shall be personally and severally liable for the assessments that are
levied against his lot while a lot owner.
7.2 Allocation of Common Surplus. Any common
surplus, including the reserve accounts, may be allocated to each lot in
accordance with such scheme as the Board of Directors may determine. If
allocated, the surplus shall be owned by the lot owner of that lot and may be
paid to the lot owner or credited against that lot's share of assessments.
7.3 Preparation of Budget and Levying of
Assessment. For each fiscal year, beginning at least after the fiscal year
2006, the Board shall prepare and adopt a budget, including therein estimates of
the amount necessary to pay the common expenses, together with amounts
considered necessary by the Board for reserves. After preparation and adoption
of each such budget, the Board shall provide each member of the Association with
a copy and shall give each member notice of the assessment made against the
member's lot based upon such budget and may also state the interest to be
charged on delinquent payments thereof. The assessment shall be deemed levied
upon giving of such notice.
7.4 Assessment a Lien. Every assessment shall
constitute a lien upon each lot assessed as set forth in the Declaration,
superior to all other liens except only (i) real estate taxes and other
governmental assessments or charges against the lot (ii) liens and encumbrances
recorded before the recordation of the declaration and (iii) paragraph 7.6.
7.5 Payment of Assessments. Assessments shall be
payable when notice thereof is given, but shall not be delinquent if paid at the
times and in the amounts specified by the Board in the notice of assessment.
Payments shall be made to the Association or as the Board may, from time to
time, otherwise direct.
7.6 Lien as Against First Mortgages. The lien of
assessments shall not be superior to the lien of a first mortgage.
7.7 Special Assessments. In addition to the
assessments levied pursuant to Section 7.3, the Board, in its discretion, may
levy special assessments at such other and additional times as, in its judgment,
are required for:
(a) Maintenance, repair, restoration and
reconstruction of the common areas.
(b) Alterations, improvements, and additions
to the common areas; provided, however, that any such special assessment
involving an expenditure in excess of two-thousand five-hundred dollars
($2,500.00) shall be first approved by a majority of a quorum of the members
entitled to cast votes in the Association at a regular or special meeting of the
Association.
7.8 Assessment Roll; Certificate. All assessments
shall be set forth upon a roll of the lots, which shall be available in the
office of the Association for inspection at all reasonable times by members and
security holders and their duty authorized representatives. Such roll shall
include, for each lot, the name and address of the member or members, all
assessments levied, the date of such assessment and the amount of all
assessments unpaid. The Association, upon written request, shall furnish to a
lot owner or his authorized agent, a certificate setting forth the amount of
unpaid assessments currently levied against his lot. The certificate shall be
furnished within seven (7) business days after receipt of the request and shall
be binding upon the Association and all owners. For such certificate, a
reasonable fee may be charged by the Board.
7.9 Default and Enforcement. If any assessment,
or installment thereof, remains delinquent, then that assessment, and all other
assessments then a lien against the lot, may be declared by the Board to be
immediately due and payable in full, with interest, and may be collected as
provided by the Declaration, the Articles or the State of Virginia General
Statutes (including, but not limited to, an action for foreclosure). Providing,
the defaulting member shall be given opportunity to be heard as provided in
Article VIII herein. All fees, late charges, cost of collection, attorney's
fees, fines or interest levied or collected by the Association in connection
with any unpaid assessment shall have the same priority as the assessment to
which they relate.
If any action is taken by the Association to
foreclose a lien on a lot because of unpaid assessments, the lot owner shall be
required to pay a reasonable rent for the use of the lot during the period of
redemption from such foreclosure, and the Association shall be entitled to the
appointment of a receiver to collect the same.
In addition to the foregoing, and without waiving
its lien, the Association may sue to obtain a money judgment for the amount of
any delinquent assessment, or installment thereof, together with interest, and
the members so sued and liable for such assessment shall pay costs of
collection, including reasonable attorney's fees, with interest thereon at the
same rate as charged on the assessments being collected from the dates incurred
until paid.
7.10 Interest on Delinquent Assessments.
Assessments, or installments thereof, paid before they become delinquent, shall
not bear interest; but all delinquent sums shall bear interest at the rate set
forth in the notice levying the assessment, not exceeding the rate of interest
allowed by the law, from the date delinquent until paid. In no interest rate is
set forth in such notice, such interest rate shall be the maximum allowed by
law. All payments upon account shall be applied first to interest and then to
the assessment, or installment thereof, longest delinquent. All such interest
shall have the same priority as the assessment on which such interest accrues.
7.11 Common Expense. Common expense shall mean
and include all sums declared common expenses by any specific provision of these
Bylaws or the Declaration, and shall include, without limitation, the following:
real estate taxes, and other governmental assessments or charges against the
property until the lots are separately assessed; premiums for any and all
insurance maintained by the association, including any deductible or coinsurance
amount not covered by insurance; utility charges not charged directly to lot
owners; legal and accounting fees; costs and expenses incurred in connection
with any litigation or administrative proceeding; deficits remaining from any
prior assessment period; the cost including fees and interest, incurred in
connection with any borrowing done by the association; the cost of all fidelity
bonds costs imposed upon the association or any part of the common elements or
the property by, or incurred by, the Association as a result of the performance,
enforcement or amendment of any agreement or easement to which the Association
is a party or to which the common elements or property, or any part of either
thereof, is or may be subject; amounts determined necessary for reserve funds;
and indemnity payments made by the Association.
ARTICLE VIII Compliance, Enforcement, Fines
and Penalties
8.1 Default and Remedies. A default in or failure
to comply with any of the terms, conditions, obligations, and provisions of the
Declaration, these Bylaws, the Articles, or the rules and regulations, as the
same may be amended from time to time, by any lot owner or occupant, shall be
grounds for relief that may include, without intending to limit the same or to
constitute an election of remedies, an action to recover fines and penalties as
determined by the Board, sums due for damages, an injunction, or any combination
thereof, and such relief may be sought by the Association, an aggrieved lot
owner, or by any person or class of persons adversely affected. Also, if any
member fails to perform any obligation under the Declaration, these Bylaws, the
Articles or such rules and regulations, then the Association may, but is not
obligated to, perform the same for the member's account, and for such purposes
may enter upon his lot, to cure the default, advance expenses or other sums
necessary to cure the default, advance expenses or other sums may levy a special
assessment against the lot owned by such defaulting member. The Association
also shall be entitled to suspend the right of a defaulting lot owner as a
member of the Association until the default is cured.
8.2 Notice of Default and Failure to Cure. In the
event of any such default or failure, the Board shall serve upon or mail to the
defaulting member a written notice specifying the nature of the default, the
cure thereof, and the time within which the cure shall be effected. Within the
time limited specified in the notice, the defaulting member may cure the default
specified, or serve upon or mail a written notice to the Board requesting a
hearing before the Board. If a hearing is so requested, the Board shall
thereafter serve upon or mail to the defaulting member a notice specifying the
time and place of such meeting for such hearing. At the hearing, the Board
shall take such evidence and hear such testimony as it deems necessary or
desirable. The Board shall not exercise any remedies to obtain relief from the
default until the hearing is over the Board has made its determination and
served upon or mailed the same to the defaulting member and the first mortgagee
(if any). The hearing may be continued from time to time as determined by the
Board. Upon taking such evidence and hearing such testimony, the Board, at the
hearing or at such later time, shall determine, in writing, and at its sole
option, to waive the default in whole or in part, to extend the time within
which the default may be cured, or to proceed immediately to levy a fine or
penalty, or to exercise any one or more of the remedies available to the Board
due to such default. The Board shall serve upon or mail to the defaulting
member, and to the first mortgagee which was entitled to notice of the default
as above provided, a copy of its determination. If the defaulting member (i)
does not cure the default or request a hearing within the time limit specified
in the original notice of default given pursuant to this Section, or (ii) so
requests a hearing, but fails to cure the default (to the extent not waived by
the Board) within the extended time, if any, granted by the Board after hearing,
then the Board shall serve upon or mail to the defaulting member a written
notice of such member's failure to effect cure, and the Board may then proceed
to take such action as it deems necessary to obtain relief.
8.3 Recovery of Attorney's Fees and Costs. In any
proceeding arising because of an alleged default by a member, the prevailing
party shall be entitled to recover the costs of such proceeding and such
reasonable attorney's fees as may be allowed by the Court, with interest thereon
at the lower of (i) twelve percent (12%) and (ii) the highest rate allowed by
law at the time the costs are incurred, from the dates such costs are incurred
until paid.
8.4 Nonwaiver of Covenants. The failure of the
Association or of any member thereof to enforce any term, provision right,
covenant, or condition that may be granted by the Declaration, these Bylaws, the
Articles, or the rules and regulations as the same may from time to time be
amended, shall not constitute a waiver or abrogation of the rights of the
Association or a member to enforce such term, provision, right, covenant, or
condition in the future, irrespective of the number of violations or breaches
thereof that may have occurred.
ARTICLE IX Amendment
An Amendment to these Bylaws shall be made and
approved by a majority vote of the members present at a meeting at which notice
of the proposed amendment has been given, and at which a quorum is present.
ARTICLE X General Provisions
10.1 Rules and Regulations.
(a) By the Board. The Board, including the
first Board, may promulgate from time to time such rules and regulations as it
deems reasonable and necessary governing the administration, management,
operation, and the use of the common areas so as to promote the common use and
enjoyment thereof by lot owners and occupants and for the protection and
preservation thereof.
(b) By the Association. Any such rule and
regulation adopted by the Board may be amended, modified, or revoked, and new
and additional rules and regulations may be adopted, by members at an annual or
special meeting of the members. Any such act of the members shall control over
any contrary rule and regulation then or thereafter adopted by the Board.
(c) Uniform Application. All rules and
regulations shall be equally and uniformly applicable to all lot owners,
occupants and lots.
(d) Copies Furnished. Copies of all such
rules and regulations and amendments thereto shall be furnished to all members,
and a copy shall be posted or otherwise made available to members at the office
of the Association. However, failure to furnish, or post, or make available,
such rules and regulations shall not affect in any way their validity or
enforceability.
10.2 Parliamentary Authority. Robert's Rules of
Order, Newly Revised, shall govern the conduct of the Association proceedings
when not in conflict with the Declaration, these Bylaws, the Articles, or any
statutes of the State of Virginia applicable thereto. The chairman of the
meeting shall have the authority to appoint a parliamentarian.
10.3 Conflict. In the case of any conflict
between the provisions of these Bylaws and the Declaration, the Declaration
shall control. If any term, provision, limitation, paragraph, or clause of the
Bylaws, or the application thereof to any person or circumstance, is judicially
held to be invalid, such determination shall not affect the enforceability,
validity, or effect of the remainder of these Bylaws, or the application thereof
to any other person or circumstance.
10.4 Tax Exempt Status. No part of the net
earnings of the organization shall inure to the benefit of its members,
directors, officers, or other persons except that the organization shall be
authorized and empowered to pay reasonable compensation for services rendered to
make payments and distributions in furtherance of the exempt purposes of the
organization. In the event of dissolution, the residual assets of the
organization will be turned over to one or more organizations with similar
purposes or to one or more organizations which are exempt as organizations
described in Section 501 (c) (3) of the Internal Revenue Code of 1986.
The foregoing were adopted as the Bylaws of THE
WATERS AT LAKE ANNA HOMEOWNER'S ASSOCIATION, INC., at the first meeting of the
Board of Directors on the 28th day of February 2006.
Architectural Rules & Guidelines
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The Waters on Lake Anna
Homeowner’s Association
Architectural Rules and Guidelines
The Board of Directors (BOD) of The Waters On Lake Anna
Homeowner’s Association (hereinafter referred to as The Association) has, as one
of its primary responsibilities, the Administration and Enforcement of
Architectural Rules and Regulations within The Waters On Lake Anna (TWOLA)
Community. In accordance with The Association’s Bylaws and Covenants, County
Regulations, and State Law, the ultimate goal of the BOD is to maintain and
improve the Community as well as preserve, enhance, and protect property values
for all members of The Association.
This
responsibility includes not only oversight of all types of building construction
but assurance that lot owners or occupiers follow basic rules to maintain their
lots, e.g. keeping lawns mowed to a reasonable length and keeping their property
free of rubbish, trash, waste or junk.
In order to effectively
fulfill this responsibility, the BOD has appointed an Architectural Review
Committee (ARC) as its primary designee to deal with such issues within the
Community. The ARC is charged with the review and approval (or disapproval) of
any and all construction, re-construction, exterior modification, addition,
exterior remodeling of, or exterior improvement to any dwelling or other
structure within The Waters on Lake Anna development or any such activity on any
lot within the development.
It shall be the responsibility of the homeowner/property
owner (whether residing within a dwelling or acting as landlord) to comply with
the ARC Rules and Guidelines and the Association’s By-laws and Covenants to
prevent the occurrence of any violations.
The ARC in TWOLA is your
first source of information about doing work on your lot. The ARC members will
provide you with any forms needed for submitting your project to the committee
as well as assist you in determining the information and level-of-detail of that
information needed for your particular project.
Any questions concerning any
subject presented in this document may be addressed to the ARC Committee, the
Property Manager, or the Association’s Board of Directors.
The Association’s Board has
adopted these ARC Rules and Guidelines in conjunction with the Association’s
By-laws, Covenants, and County and State Laws in order to maintain and improve
the Community. The Architectural Rules and Guidelines, the Association By-laws
and Covenants, Louisa County Code and Regulations, and Virginia State Law will
be enforced by the Association’s Board to the fullest extent permitted by law.
General Rules:
- Before any new
construction, re-construction, exterior modification, addition, exterior
remodeling of, or exterior improvement to any dwelling or other structure on
a lot, or improvements to the lot itself, the ARC must be contacted. The
ARC will then be able to assist you by providing any necessary forms for the
HOA as well as providing guidance concerning any county approvals you may
need. Before ANY of the aforementioned activities can begin on your lot,
approval from the ARC must be requested (utilizing such forms as the ARC may
make available) and granted in writing. The ARC may be contacted through
the Community Clubhouse (540‑894‑0409) or via email to
twalahoa@netzero.net. Subject: ARC. New construction
includes, but is not limited to: a primary dwelling, garage, shed, shop,
storage building, deck, hot tub/Jacuzzi, gazebo, fence, dog run, horse barn,
riding ring, corral, driveway entry columns, etc. An email or phone call to
the ARC can quickly answer your initial questions about your project and
provide guidance on getting started. Most ARC Applications are processed in
a week or less.
- The only dwelling
structures that may be erected within TWOLA community are single-family
homes with attached or detached garages; detached garages shall match the
home in type of construction, materials, exterior colors, and architectural
design.
- No detached garage or
shed may be built and utilized prior to construction of the primary dwelling
on the lot.
- No aluminum, plastic,
canvas, steel, pole barn, or carport-type structures of any sort are
permitted.
- No building will be
allowed to remain in such a manner as to create an eyesore within the
subdivision; nor will any abandoned, dilapidated, or unused structure be
allowed to remain, creating an eyesore, an attractive nuisance, or safety
and health hazards.
- No camping, RV-ing, or
tenting of any sort is permitted on any lot, improved or unimproved, within
the TWOLA community.
- No long-term use of
Porta-Johns will be permitted on any lot at any time except as required by
County Code during an approved construction or repair/improvement project.
Temporary, short-term use of Porta-Johns within The Community for outdoor
activities such as sporting events, Association gatherings, family reunions,
and similar social occasion must be requested from the ARC 30 days prior to
such an event.
General Guidelines:
1.
Any change to the exterior
appearance of any dwelling must be approved by the ARC before work is started.
2. The ARC
will consider only submissions from homeowners; all requests from renters must
be sent to the ARC through the appropriate homeowner.
3. Each
request is considered on an individual basis upon its merits, and there are no
automatic approvals or denials.
4. The ARC
will not approve any alteration which would have an adverse or deleterious
architectural or topographical effect on neighboring property or Common areas.
The ARC may consult with an applicant’s neighbors regarding any proposed
alterations of a lot or structures on that lot.
5. If a
homeowner's application for alteration is disapproved by the ARC, the homeowner
may:
a. Resubmit a
modified plan.
b. Submit new
or additional information which might clarify the original plan and demonstrate
its acceptability. In doing this, homeowners are invited to meet with the ARC.
c. Appeal, in
writing, to the Board of Directors within thirty (30) days after final
disapproval by the ARC.
6. Adherence
to the Louisa County building and Zoning Codes is the responsibility of the
homeowner. Approval by the ARC does not relieve the homeowner from the
responsibility of getting building and other work permits from Louisa County
Authorities.
7. Any
addition to an existing building, any exterior alteration, modification, or
change to any existing building or any detached structure must have ARC approval
before any work is begun. Examples of such projects include but are not limited
to porches, decks, garages and carports, greenhouses, gazebos, and storage
sheds.
8. Any
addition, alteration, modification, or change to any existing building will be
compatible with the architectural design and character of the original
building. Any detached structure will be compatible with the primary structure
in terms of material type, color, texture, style, etc.
9. It is
recommended that a homeowner contemplating any exterior projects consult with
the ARC during their preliminary planning stage. The ARC members will be happy
to help in the approval process and may be able to assist in the planning phase
as well.
