WILLOW GREEN SUBDIVISION
COVENANTS, CONDITIONS AND
RESTRICTIONS
- AS AMENDED -
THIS DECLARATION, made on this 27th day of
March , 19 73 , by LAND CONCEPTS, INC., (hereinafter referred to as
“Declarant”).
WITNESSETH:
WHEREAS, Declarant is the owner
of certain property in the City of Newport News, State of Virginia, which is
more particularly described as:
All that certain piece, parcel or
tract of land being known and described as “Willow Green, Section One, City of
Newport News, Virginia,” according to plat prepared by Coenen and Associates,
dated March 27, 1973, which plat is attached hereto and intended to be recorded
forthwith in the Clerk’s Office of the Circuit Court for the City of Newport
News, Virginia, said plat containing a total area of 8.405 acres of which, as
shown on said plat, 5.294 acres is “Home Association Area,” 3.069 acres is lot
area and 0.042 acres is R/W area (said R/W area containing o.042 acres being a
part of the “Common Area” as hereinafter defined and used).
NOW, THEREFORE, Declarant
hereby declares that all of the properties described above shall be held, sold
and conveyed subject to the following easements, restriction, 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.
THIS
AMENDMENT to "Declaration of Covenants, Conditions and Restrictions"
made and entered into by LAND CONCEPTS, INC. and the other parties whose
signatures appear hereinafter, the 9th
day of January, 1975.
WITNESSETH:
WHEREAS, by that
certain "Declaration of Covenants, Conditions and Restrictions" dated
the 27th day of March, 1973, and recorded on the 10th day
of January, 1974, in Deed Book 849, page 579, in the Clerk's office of the
Circuit Court of the City of Newport News, Virginia, LAND CONCEPTS, INC., as
Declarant, imposed restrictions on "Willow Green Section One, City of
Newport News, Virginia," said "Declaration of Covenants, Conditions
and Restrictions" being made a part hereof by reference thereto; and
WHEREAS, the Federal Home Loan Mortgage Corporation has
promulgated said regulations in respect to Planned Unit Development as
contained in its document entitled “Sellers’ Guide Conventional Whole Loans,”
dated July 1, 1974, Page 101, et sec: and
WHEREAS, Land Concepts, Inc. is the owner of certain of
the lots and has conveyed other lots in said Willow Green, Section One, unto
the parties whose signatures appear hereinafter; and
WHEREAS, Land Concepts, Inc. and the other parties whose
signatures appear hereinafter desire to amend the terms of said
"Declaration of Covenants, Conditions and Restrictions" in accordance
with Section 4 of Article VII, being more than ninety per cent (90%) of the lot
owner who are joining in the within amendment.
NOW, THEREFORE, in consideration of the mutual benefits to
be obtained thereby, the undersigned do hereby agree that Article VII of said
"Declaration of Covenants, Conditions and Restrictions" is hereby
amended by adding thereto and making a part thereof the following Section 6:
[Note
– The amended Section 6 will be seen in its natural position]
This ANNEXATION and DECLARATION
made this 18th day of May, 1976, by WILLOW GREEN ASSOCIATES, a
partnership (herein after referred to as "Declarant").
WITNESSETH:
WHEREAS, LAND CONCEPTS, INC.,
former owner and former Declarant, by certain Declaration of Covenants,
Conditions and Restrictions, dated the 27th day of March, 1973, and
recorded on the 10th day of January, 1974, at Deed Book 849, Page
579 in the Clerk's Office of the Circuit Court for the City of Newport News,
Virginia, imposed certain covenants, conditions, and restrictions of property
known as "Willow Green, section
one, city of newport news, virginia", said Declaration of
Covenants, Conditions and Restrictions being made part hereof by reference thereto
the same as if incorporated herein in its entirety; and,
WHEREAS, said Declarant by that
certain Amendment to Declaration of Covenants, Conditions and Restrictions
dated the 9th day of January, 1975 and recorded on the 6th
day of June, 1975, at Deed Book 891, Page 483 in the Clerk's Office of the
Circuit Court for the City of Newport News, Virginia, imposed covenants,
conditions, and restrictions of property known as "Willow Green, section one, city of newport news,
virginia", said Declaration of Covenants, Conditions and
Restrictions being made part hereof by reference thereto the same as if
incorporated herein in its entirety; and,
WHEREAS, said Declarant of Covenants, Conditions and
Restrictions provided therein that Declarant might from time to time annex
certain additional propertied, to the terms and conditions thereof; and,
WHEREAS, said Declarant, in
accordance therewith, desires to, and does hereby annex to all of the terms and
conditions of said Declaration of Covenants, Conditions and Restrictions of the
27th day of March, 1973, and said Amendment to Declaration of
Covenants, Conditions and Restrictions dated the 9th day of January,
1975, all of the property known as "Willow Green, Section Three",
which is more fully described as follows:
All
that certain piece, parcel, or tract of land being known and described as "Willow Green,
section three, city of newport news, virginia", on that certain plat prepared by Coenen &
Associates, Engineers-Planners-Surveyors, dated June 17, 1974, and recorded in
Plat Book 9, page 82, in the Clerk's Office of the Circuit Court for the City
of Newport News, Virginia, said plat containing a total area of 3.285 acres of
which 1.913 acres is Homes Association Area and 1.372 acres is Lot Area; to
which reference is here made for a more particular description and to be
hereinafter referred to as the "Properties"; and
NOW, THEREFORE, Declarant does hereby ANNEX said
"Properties" to the terms and conditions of said Declaration of Covenants, Conditions and Restrictions, dated the 27th
day of March, 1973, and said Amendment to said Declaration of Covenants,
Conditions and Restrictions, dated the 9th day of January, 1975,
which is for the purpose of protecting the value and desirability of, and which
shall run with the "Properties" hereinabove described and shall be
binding on all parties having any right, title, or interest in the hereinabove
described "Properties", or any part thereof, their heirs, successors,
and assigns, and shall inure to the benefit of each owner thereof;
Declarant, for itself and its successors and assigns,
of all or any part of said "Properties", covenants and agrees that
the hereinabove "Properties" shall be a part of the said Declaration of Covenants, Conditions and
Restrictions, dated the 27th day of March, 1973, and said Amendment
to said Declaration of Covenants, Conditions and Restrictions, dated the 9th
day of January, 1975, and that Declarant and all subsequent owners of all or
any part of said "Properties" shall be entitled to, and subject to,
all of the terms and conditions of said Declaration of Covenants, Conditions
and Restrictions, dated the 27th day of March, 1973, and said
Amendment to said Declaration of Covenants, Conditions and Restrictions, dated
the 9th day of January, 1975, in the same manner as if the within
annexed "Properties" had been included within the description and
definition of "Properties" as contained therein.
IN WITNESS WHEREOF, the said
WILLOW GREEN ASSOCIATES, being the Declarant herein, has caused these presents
to be executed of its behalf by PENINSULA REALTY SERVICE, INC., a partner, by
its President, in this behalf first duly authorized, all the day and year first
hereinabove written.
WILLOW GREEN ASSOCIATES
By PENINSULA REALTY SERVICE, INC.
By: signed W Ballard Preston Jr
THIS
AMENDMENT to "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION,"
made and entered into by WILLOW GREEN HOMES ASSOCIATION and the other parties
whose signatures appear hereinafter, the 1st day of September, 1980
WITNESSETH:
WHEREAS, by that certain "DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS" dated the 27th day of March, 1973,
and recorded on the 10th day of January, 1974, in Deed Book 849,
page 579, in the Clerk's office of the Circuit Court of the City of Newport News,
Virginia, LAND CONCEPTS, INC., as Declarant, imposed restrictions on
"WILLOW GREEN SECTION ONE, CITY OF NEWPORT NEWS, VIRGINIA," said
"DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS" being made a
part hereof by reference thereto; and
WHEREAS, said
Restrictions were supplemented by Amendment duly recorded In Deed Book 891,
page 483; and,
WHEREAS, said Restrictions provided that
the Common Area shall also include Such other similar areas as may be added by
annexation; and,
WHEREAS, WILLOW GREEN HOMES ASSOCIATION is
the Owner of all of the Common Areas of Willow Green: and,
WHEREAS, the parties whose signatures
appear hereinafter are the owners of individual lots in WILLOW GREEN: and,
WHEREAS, WILLOW GREEN HOMES ASSOCIATION
and the other parties whose Signatures appear hereinafter desire to amend the
terms of said "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS"
in accordance with Section 3 of Article VII, there being more than ninety per
cent (90%) of the lot owners who are joining In the within Agreement.
NOW, THEREFORE,
in consideration of the mutual benefits to be obtained Thereby, the undersigned
do hereby agree that said "DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS" is hereby amended by adding and deleting as follows:
NOTE: ORIGINAL AND BOTH
AMENDMENTS HAVE BEEN MERGED INTO ONE TEXT. Note the “Change
Bars” (and struck-through deletion).
Article I: DEFINITIONS
Section 1. “Association” shall mean and refer to the
Willow Green Homes 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 Properties, including contract seller, 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 hereinbefore described, including but not limited to the
“Common Areas”, the right-of-way area and all the respective lots shown thereon
and such additions thereto as may hereafter may be brought within the
jurisdiction of the Association.
Section 4. “Common Area” shall mean all real property
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 conveyance of the first Lot is described as follows:
The Common Area is deemed to include all of that
certain piece, parcel or tract of land being known and described as “Willow
Green, Section One, City of Newport News, Virginia,” as described hereinbefore
under the first Whereas clause on page one hereof, containing a total area of
8.805 acres, unless and except however, that certain “lot area” containing a
total area being excluded hereunder being known and described as lots a through
d, both inclusive, of Block 1; lots a through g, both inclusive, of Block 2;
lots a through f, both inclusive, of Block 3; lots a through h, both inclusive,
of Block 4; lots a through g, both inclusive, of Block 5; lots a through h,
both inclusive, of Block 6; lots a through f, both inclusive, of Block 7; lots
a through d, both inclusive, of Block 8; lots a through f, both inclusive, of
Block 9; lots a through f, both inclusive, of Block 10; lots a through d, both
inclusive, of Block 11; lots a through g, both inclusive, of Block 12; and lots
a through h, both inclusive, of Block 13.
The above described Common Areas specifically
includes the R/W areas containing 0.042 acres and the Homes Association area
containing 5.294 acres, all shown on the hereinabove described plat.
It is further understood and agreed that said Common
Area shall also include such other similar areas as may be added by annexations
hereinafter prescribed and set forth.
Section 5. “Lot” shall mean and refer to any lettered
lot or plot of land within a numbered block as shown upon the plat hereinabove
referred to.
Section 6. “Declarant” shall mean and refer to LAND
CONCEPTS, INC., its successors and assigns if such successors or assigns should
acquire more than one Lot from the Declarant for the purpose of development.
Section 7. “Mortgage” as used herein shall mean a
mortgage or deed of trust, said terms having the same meaning and may be used
interchangeably.
Article II: PROPERTY
RIGHTS
Section 1. Owners’ Easements of Enjoyment. Every owner shall have a right and easements
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, or penalty, remains unpaid; and for a period not to exceed a
sixty (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 shall be
effective unless an instrument signed be two-thirds (2/3) of each class of
members agreeing to such dedication or transfer has been recorded.
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. Members shall be all Owners 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 among themselves determine, but in no event shall
more than one vote be cast with respect to any Lot."
Article IV: COVENANT
FOR ASSESSEMENTS AND PENALTIES
Section 1. Creation of the Lien and Personal
Obligation of Assessments and Penalties.
The Declarant, for each Lot owned within the properties, 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: annual assessments, charges, and special assessments
for capital improvements (including painting of exterior), and penalties as
herein provided, such assessments and penalties to be established and collected
as hereinafter provided. The
assessments and penalties 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 and penalty is made. Each such assessment and penalty, together
with interest, cost's 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 or penalty fell due, and a legal action for collection
may be maintained for such obligation.
The personal obligation for delinquent assessments or penalties shall
not pass to his successors in title except when 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 properties, and for the improvement and
maintenance of the Common Area, for maintenance of lawns and landscaping on the
lots, and for painting the exterior of the residential units, and an easement
is hereby established across the exterior of all lots during reasonable hours
for this purpose.
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 be NINETY AND NO/100 DOLLARS ($90.00) 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 by the Board
of Directors not more than five percent (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 five per cent (5%) by a vote of
two-thirds (2/3) of the members who are voting in person, or by proxy.
(c)
The Board of Directors may fix the annual assessment at an
amount not in excess of the maximum.
Section 4. :Special Assessment for Capital
Improvements. In addition to the
annual assessments authorized above, the association may levy a special
assessment for the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, maintenance, repair, or replacement of a capital
improvement upon the Common area, including fixtures and personal property
related thereto, and to include the exterior of all buildings located within
the properties in order to maintain uniform integrity, provided that any
such assessment shall have the assent of two-thirds 2/3 of the votes 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 by prepaid mail or by
hand delivery to all members not less than thirty (30) days nor more than sixty
(60) days in advance of the meeting. A
record shall be kept by the Secretary of such notices and filed as in the
regular order of business. At the first
such meeting called, the presence of members or of proxies entitled to cast
sixty per cent (60%) of all the votes of the 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 of the
required quorum at the preceding meeting.
No such subsequent meeting shall be held more than sixty (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 basis.
Section 7. Date of Commencement of Annual
Assessments: Due Dates. The annual
assessments provided for herein shall commence as to all Lots on the first day
of the month following conveyance of the first Lot. 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 period 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 be 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.
Section
8. Effect of Nonpayment of
Assessments or Penalties:
Remedies of
the Association. Any assessment or
penalty not paid within thirty (30) days after the due date may become a lien
on the property and shall bear interest from the due date at the rate of eight
per cent (8%) 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 or penalties provided for herein by non-use of
the Common area or abandonment of the Lot.
Section 8A. Special
Assessment for Non-Compliance. The
Willow Green Board of Directors may levy a penalty for each violation of the
within Covenants, the By-laws or written Rules of the Association as may be
established by the Board of Directors from time to time. For parking or vehicular infractions,
improper animal control, and violations of regulations applicable to recreational
facilities, the penalty payable by the offender to the Willow Green Homes
Association shall be Fifteen Dollars ($15) for the first offense, and Thirty
Dollars ($30) for the second offense, as well as suspension of voting rights
and the right to use facilities as hereinabove set forth in Article II. Section
1 (b).
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 effect 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 or any assessments thereafter becoming due or
from the lien thereof.
Section 10. Voluntary
Conveyance of Lots. In a voluntary
conveyance of a Lot, the grantee of the Lot shall be jointly a severally liable
with the grantor for all unpaid assessments by the Association against the
latter for his share of the assessments up to the time of the grant or
conveyance, without prejudice to the grantee’s right to recover form the
grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from
the Association, setting forth the amount of the unpaid assessments against the
grantor due to the Association and such grantee shall not be liable for, nor
shall the Lot conveyed be subject to a lien for, any unpaid assessments made by
the Association against the grantor in excess of the amount therein set forth.
Article V: ARCHITECTURAL
CONTROL
No building, fence, wall, or
other structure shall be commenced, erected, or maintained upon the Properties,
nor shall any exterior addition to or change or alteration therein be made
until the plans and specifications showing the nature, kind, shape, height,
materials, and location of the same shall have been submitted to and approved
in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Board of Directors of the
Association. The Board may appoint an
architectural committee for counsel and advice. In the event said Board fails to approve or disapprove such
design and location within sixty (60) days after said plans and specifications
have been submitted to it approval will not be required and this Article will
be deemed to have been fully complied with.
The Board may remove at the Owner's expense any unauthorized changes or
alterations not approved by the Board.
. In addition thereto, no change in the exterior
colors or exterior design of any building, or part thereof, shall be made
without the approval of the board of Directors in the manner hereinabove set
forth. Each lot Owner agrees to
maintain the exterior of his townhouse (including without limitation the roof
and outside windows, walls, storage sheds, and fences) in a neat, attractive,
and well kept manner and in the event of damage to the exterior to promptly
restore and repair the same to its original condition.
It
is contemplated that the exterior of the property will be painted every three
years. The board of Directors will
assess each owner his proportionate Share of the cost, to be assessed and paid
on an annual basis. The Board will
determine the color, style, and type of painting. Any unpaid assessment will cause suspension of voting rights and
other privileges in accordance with these Restrictions and will result in a
lien being created for nonpayment. In
addition, A legal action may be brought against the owner for nonpayment.'
Article VI: PROPERTY
RESTRICTIONS
Section 1. Vehicle and Traffic Control. Ownership of each Lot shall entitle the
Owner or Owners thereof to the use of not more than two (2) automobile parking
spaces, which shall be as near and convenient to said Lot as reasonably
possible, together with the right of ingress and egress in and upon said
parking area. The association shall permanently
assign two (2) vehicle parking spaces for each dwelling. No vehicle other than personal passenger
automobile motor vehicles shall be parked or stored on the Properties except in
such areas as may be specifically designed by the Board of Directors. The intent herein is to prevent the parking
or storing of school busses, trucks, pick-up trucks in excess of one (1) ton,
boats and boat trailers, campers, motor homes, travel trailers, trailers,
motorcycles, motor bikes and the like, and all other similar vehicles or
objects except in such areas as may be so designated from time to time by the
Board of Directors.
Section 2. Repair and Storage of Automotive Vehicles. No inoperable, unlicensed or abandoned motor
vehicle of any type shall be parked or stored upon the Properties and no
portion of the Properties shall be used for the repair, overhauling, painting,
or work of a similar nature of a motor vehicle.
Section
3. Pets and Domestic Animals. No pet or domestic animal shall be tied or
housed outside of the residence or enclosed patio of any Owner and no Owner
shall permit any pet or domestic animal to run loose on the Properties or to
otherwise constitute a nuisance, including but not limited to barking, or in
creating an unsanitary condition upon any front yard or common
area. The Board of Directors shall from
time to time, as necessary, promulgate additional rules and regulations
regarding the size number, activities, and control of pets and domestic animals
upon the properties.
Section 4. Recreation facilities. The Board of
Directors shall promulgate Rules and Regulations for the use, security,
maintenance, cleaning, and operation of the community building, swimming pool,
tennis courts, and other recreation areas and facilities in Willow Green or in
any annexed area.
Section 5. Restricted Uses. No numbered lot shown on said plat shall be
used except for residential purposes.
Every dwelling unit constructed within the subdivision shall be
connected to the public sewerage disposal system. Easements for the installation and maintenance of utilities of
drainage facilities and for egress and ingress thereto are reserved in the
Common Area or as shown on said plat.
No nuisance, noxious or offensive activity shall be carried on upon any
lot, not shall anything be done thereon which may be or become an annoyance to
the neighborhood. No structure of a
temporary character shall be used on any lot at any time as a residence.
Article VII 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 now or hereafter
imposed by the provisions of this declaration and any rule, regulation, or
requirement established by the Board.
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."
All
other terms and conditions of the Declaration of Covenants, Conditions and
Restrictions, as amended, shall remain in full force and effect.
Section 2. Severability. Invalidation of any one or these covenants
or restrictions by judgement or court order shall in no way affect any other
provision which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions or this Declaration shall run with
and bind the land, for a term of thirty (30) 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 thirty (30) years by an
instrument signed by not less than ninety per cent (90%) of the Lot Owners, and
thereafter by an instrument signed by not less than seventy-five per cent (75%)
of the Lot Owners. Any amendment must
be recorded.
Section 4. Annexation. All or any part of that certain real estate being shown and
designated on said plat as "Section Two, 6.622 Acres Future
Development" may be annexed hereto at any time hereafter solely by
Declarant without the consent of the Class A or Class B members. Any such annexation by the Declarant of all
or any part of said real estate shall be upon a parcel, or parcels, which are
shown on a subdivision plat duly approved by the City of Newport News and
recorded in the aforesaid Clerk's Office.
Declarant may
cause such annexation to be made by including the provisions of such annexation
to be shown on such recordation plat, or by an instrument executed by Declarant
and duly recorded, describing the parcel or parcels to be annexed and referring
to and making such parcel or parcels subject to the within Covenants,
Conditions and Restrictions, or both.
Upon any such
annexation being made, the real estate or "Properties" covered
thereby, together with the Declarant and all Owners thereof, their heirs,
successors and assigns, shall be entitled to, and subject to, all of the terms
of the within Covenants, Conditions and Restrictions in the same manner as if
such annexed parcel had been included within the legal description as contained
in the first Whereas clause on Page 1 hereof, the same being defined as the
"Properties" under Section 3 of Article I hereof.
It is further
understood and agreed that such annexation of all or any part of the real
estate hereinafter described shall be solely at the option of the Declarant and
Declarant may from time to time annex all or any part or parts thereof as
determined solely by the Declarant, but provided however that no such annexation
shall be made unless and until the Veterans Administration (commonly referred
to as VA) deems that such annexation is in accordance with the general plan
heretofore approved by it.
Section 5. VA Approval. As long as there is a Class B membership, the following actions
will require the prior approval of the Veterans Administration: Annexation of
additional properties, dedication of Common Area, and amendment of this
Declaration of Covenants, Conditions and Restrictions.
Section
6. Additional Covenants. It is further understood and agreed,
anything to the contrary contained in said “Declaration of Covenants,
Conditions and Restrictions” notwith-standing, as follows:
a)
A first mortgage
will be provided written notification of any default by the mortgagor of such
unit of such unit in the performance of such mortgagor's obligations under the
Planned Unit Development documents which is not cured within 30 days; as used
herein the terms 'first mortgagee,' 'mortgage' or 'mortgagor' shall have the
same meaning as 'first deed of trust noteholder,' 'first deed of trust' or
'grantor of a deed of trust'; the terms 'mortgage' and 'deed of trust' for the
purposes herein shall have the same meaning and intent.
b)
Any first mortgagee who comes into possession of a unit in the
Planned Unit Development pursuant to the remedies provided in the mortgage, or
foreclosure, shall be exempt from any 'right of first refusal.'
c)
Any first mortgagee who comes into possession of the unit
pursuant to the remedies provided in the mortgage, foreclosure of the mortgage,
or deed (or assignment) in lieu of foreclosure, shall take the property free of
any claims for unpaid assessments or charges against the mortgaged unit which
accrue prior to the time such holder comes into possession of the unit (except
for claims for a pro rata share of such assessments or charges resulting from a
pro rata reallocation of such assessments or charges to all units including the
mortgaged unit.
d)
Unless
at least 75% of the first mortgagees (based upon one vote for each first
mortgage) of individual units in the Planned Unit Development association,
corporation, or trust shall not be entitled to:
(1)
by act or omission seek to abandon, petition, subdivide,
encumber, sell or transfer real estate or improvements thereon which are owned,
directly or indirectly, by such association, corporation, or trust for the
benefit of the units in the Planned Unit Development ('PUD common property).
The granting of
easements for public utilities or for other public purposes consistent with the
intended use of such property by the Planned Unit Development shall not be
deemed a transfer within the meaning of this clause;
(2)
change the method
determining the obligations, assessments, dues or other charges which may be
levied against a Planned Unit Development unit owner;
(3)
by act or omission, waive or abandon any scheme of
regulations, or enforcement thereof, pertaining to the architectural design or
the external appearance of units, the external maintenance of units, the
maintenance of party walls or common fences and driveways, or the upkeep of
lawns and plantings in the Planned Unit Development;
(4)
fail to maintain fire and extended coverage on insurable
Planned Unit Development common property on a current replacement cost basis in
an amount not less than one hundred percent (100%) of the insurable value
(based upon current replacement cost);
(5)
use hazard insurance proceeds for losses to any Planned Unit
Development common property for other than the repair, replacement or
reconstruction or such improvements.
e)
First mortgagees shall have the right to examine the books and
records of the Planned Unit Development association, corporation, trust or any
entity which owns the common property of the Planned Unit Development.
f)
First mortgagees of units in a Planned Unit Development may,
jointly or singly, pay taxes or other charges which are in default and which
may or have become a charge against any Planned Unit Development common
property and may pay overdue premiums on hazard insurance policies, or secure
new hazard insurance coverage on the lapse of a policy, for such property and
first mortgagees making such payments shall be owed immediate reimbursement
therefor from the PUD association, corporation or trust. Entitlement to such reimbursement is hereby
agreed to and this instrument shall constitute an agreement in favor of all
first mortgagees of units in the Planned Unit Development, and Willow Green
Homes Association by joining the within Amendment so agrees and this Amendment
shall constitute such agreement.
g) No
provision of the Planned Unit Development Articles of Incorporation or
Association, or the Planned Unit Development declaration of easements,
restrictions and covenants, or any similar instrument pertaining to the Planned
Unit Development or to units in a Planned Unit Development, gives a Planned
Unit Development unit owner or any other party priority over any rights of
first mortgagees of units in a Planned Unit Development pursuant to their
mortgages in the case of a distribution to Planned Unit Development unit owners
of insurance proceeds or condemnation awards for losses to or taking of Planned
Unit Development common property.
h)
Planned
Unit Development unit owners have a right to enjoyment of the Planned Unit
Development common property and such property is owned in fee or in an
acceptable leasehold estate by the Planned Unit Development association,
corporation or trust. The Planned Unit
Development common property was conveyed to the Planned Unit Development
association, corporation or trust unencumbered except for any easements granted
for public utilities or for other public purposes consistent with the intended
use of such property by the Planned Unit Development.
Article VIII: PARTY
WALLS
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the
original construction of the home upon the Properties and placed on the
dividing line between the Lots shall constitute a party wall, and to the extent
not inconsistent with the provisions of this Article, the general rules of law
regarding party walls and liability for property damage due to negligence or
willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the
wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by
fire or other casualty, any Owner who has used the was may restore it, and if
the other Owners thereafter make use of the wall, they shall contribute to the
cost of restoration thereof in proportion to such use without prejudice,
however, to the right of any such Owners to call for a larger contribution from
the others under any rule of law regarding liability for negligent or willful
acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision of this
Article, an Owner who by his negligent or willful act causes the party wall to
be exposed to the elements shall bear the whole cost of furnishing the
necessary protection against such elements.
Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from
any other Owner under this Article shall be appurtenant to the land and shall
pass to such Owner's successors in title.
Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or
under the provisions of this Article, each party shall choose one arbitrator,
and such arbitrators shall choose one additional arbitrator, and the decision
shall be by a majority of all of the arbitrators.
Article IX: PARTIES IN
POSSESSION
These covenants
and restrictions are applicable to all parties in possession in the premises in
Willow Green, whether they be tenants, guests, invitees or others and all
assessments, penalties and means of enforcement provided for in these
restrictions shall be applicable equally to any party in possession.
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