Courthouse declaration amendment

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1 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF COURTHOUSE STATION SUBDIVISION (the “Declaration”) is made this 21st day of November, 2006, by COURTHOUSE STATION HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation, hereinafter referred to as the “Association.” WHEREAS, the Association is the property owners’ association established to own, improve, maintain and preserve the Common Area within COURTHOUSE STATION, County of Fairfax, Virginia, and the Association is the entity responsible for the architectural control of residential townhouse lots and improvements constructed thereon, and for the administration of other areas of responsibility within its jurisdiction, pursuant to the Virginia Property Owners’ Association Act, Section 55-508, et seq, of the Code of Virginia, 1950, as amended, and as set forth in the Declaration; and WHEREAS, the Association desires to modify and amend certain provisions of the Declaration, recorded in Deed Book 7195 at Page 0451; and WHEREAS, at an Annual Meeting of Members held on November 21, 2006, pursuant to proper notice, at which a quorum was established, by a vote of more than eighty percent (80%) of the Members/Lot Owners entitled to vote at the meeting, pursuant to the aforesaid Declaration, the Association approved an amendment to Article VII of the Declaration; NOW THEREFORE, the Association hereby covenants and declares on behalf of itself and the requisite majority of Lot Owners, that Article VII of the Declaration is hereby amended to add a new Section 20, as follows:

Transcript of Courthouse declaration amendment

Page 1: Courthouse declaration amendment

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FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS,

CONDITIONS AND RESTRICTIONS OF COURTHOUSE STATION SUBDIVISION (the

“Declaration”) is made this 21st day of November, 2006, by COURTHOUSE STATION

HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation, hereinafter referred

to as the “Association.”

WHEREAS, the Association is the property owners’ association established to own,

improve, maintain and preserve the Common Area within COURTHOUSE STATION, County

of Fairfax, Virginia, and the Association is the entity responsible for the architectural control of

residential townhouse lots and improvements constructed thereon, and for the administration of

other areas of responsibility within its jurisdiction, pursuant to the Virginia Property Owners’

Association Act, Section 55-508, et seq, of the Code of Virginia, 1950, as amended, and as set

forth in the Declaration; and

WHEREAS, the Association desires to modify and amend certain provisions of the

Declaration, recorded in Deed Book 7195 at Page 0451; and

WHEREAS, at an Annual Meeting of Members held on November 21, 2006, pursuant to

proper notice, at which a quorum was established, by a vote of more than eighty percent (80%)

of the Members/Lot Owners entitled to vote at the meeting, pursuant to the aforesaid

Declaration, the Association approved an amendment to Article VII of the Declaration;

NOW THEREFORE, the Association hereby covenants and declares on behalf of itself

and the requisite majority of Lot Owners, that Article VII of the Declaration is hereby amended

to add a new Section 20, as follows:

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(20) (a) Each Owner shall keep each Lot owned by him/her, and all improvements therein or thereon, in good order and repair and, consistent with Article VII(10) of this Declaration and any other pertinent provisions, shall take appropriate external care of all buildings and other improvements, in a manner and with such frequency as is consistent with good property management, and/or, in the opinion of the Board of Directors, such that the appearance of the property is not detrimental to adjoining properties and is consistent with the Association’s architectural control standards and guidelines. b) If the external appearance of any Lot or improvement or structure thereon has been damaged or destroyed by fire or other casualty, such Lot or improvement thereon shall be restored substantially to its original appearance in a reasonable time, as determined by the Board of Directors.

(c)(i) In the event an Owner fails to maintain or repair his/her Lot and/or the improvements situated thereon, the Association shall have the right to enter upon such Lot, after twenty (20) days notice to the Owner of the Lot, to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements thereon and to correct any improper drainage. All costs related to such maintenance, repair, restoration or correction shall become a lien upon such Lot, and such lien may be enforced in the same manner as an annual assessment or any other assessment levied in accordance with the Declaration or other governing documents of the Association. The costs of preparing, recording and enforcing such lien, including reasonable attorney’s fees, shall be included in the lien and shall also be the personal obligation of the Lot Owner.

(ii) The Board may also elect to pursue legal action in a Court of

competent jurisdiction, including, but not limited to, seeking to obtain a mandatory injunction requiring the Owner to perform the necessary maintenance, repair, or restoration, or to permit the Association to enter the Property to perform the necessary work. The costs of such maintenance, repair, or restoration and the costs of such proceeding, including court costs and reasonable attorney’s fees, shall become part of the lienable assessment against the Lot which is the subject of such legal action, and shall also be the personal obligation of the Lot Owner. All other remaining provisions of the aforesaid Declaration, recorded in Deed Book 7195

at Page 0451, shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has caused this First Amendment to

Declaration of Covenants, Conditions and Restrictions to be executed pursuant to due and proper

authority as of the date first set forth above.