•jC4dtt?oD Doc,s

44Oo.- -c&EAIU3O z;351

tEaaflotq OF CVENANTS Alit RSSTRICTIONS

FOR CJIJIERON OLL

THIS DECLARATION ii made on the date hereinafter set forth,CY4EQUOIA BUILDING CORPORATION, a Virginia corporation, herein-

after referred to as Declarant".

WgEREAS, Dec].arant owns in fee simple the real estate in theCLtv of Alexandria, Virgtnia, described hereafter and has decided

to subject that real estate to certain covenants, restrictions,reservations, easements, servitudes, liens and charges, all ofwhich are more particularly hereinafter set forth, the realestate more particularly described by met.! and bounds descrip-

tion as set forth or Exhibit A attached hereto and Lncorporated

heretn and by this referenc, made a part hereof, also being Iown

as Lots 1 throtich 95 and Parcels A,B,C,b,E,FQ, / -9Y —

?roperty").

NOW, THEREFORE, Declarant hereby covenants and declares, on

behalf of itself and its successors and assigns, that the real

estate described above (together with suck other real estate as

tay hereafter from time to time be subjected hereto) shall, from

ç the date of the recording of this Declaration, be held, sold

conveyed, acquired and encumbered subj ect to the terms and pro—

vtsons hereof, which are for the purpose of protecting the valueand desirability oC the Property, all of the terms and provisions

—hereof shall run with the Property and bind and inure to thebenefit of all persons who may now Cr hereafter own Or acqurear.y right, tLtle, estate or interest in or to the ?ropertv, orwho may now or hereafter occupy or reside on any portIon thereof.

ARTICLE I

INTERPRETIVE PROVISIONS

Sec;jor, S. DefInitIons. In this Declaration:

1].) "Associatjon means and refers to Cameron Knoll

wners Association, a nonstock corporation organj:ed under the

LAws of the Commonwealth of Virginia, its successors andassigns.

soo 1039:355

(2) "Association Documents means and refers to the

Articles of Incorporation, Bylaws, and Rules and Regulations of

the Association, all as the same nay be aended from time to

time.

(3) "Board of Directors means and refers to the Board

of Directors of the Association.

(4) "Common Area" means and refers to all of the

Property (including the improvements thereto) owned by the

Association for the common use and enjoyment of the Owners. The

Ccnuuon Area to be owned by the Association at the time of the

conveyance of the first lot is: Parcels A,B,C,D,EFG,

(5) "Declarant means and refers to Sequoia Building

Corporation, a Virginia corporation, its successors and assigns

such Successors or assigns acquire a Lot for the purpose of

development. From and after the date of delivery of an instrument

transferring to another person one or more undeveloped lots for

the purpose of development and al]. of the rights reserved to the

Declarant hereunder, the tern "Declarant" shall mean that

assignee.

(6) "Lot" means and refers to a portion of the land

:ocated within the Property designated as a numbered Lot of land

on the flat of subdivision recorded by the Declarant heretofore

or herewith and includes any dwelling and other improvements now

or hereafter appurtenant to that land.

(7) "Mortgage" means and refers to a first mortgage or

a ftrst deed of trust.

(B) "Mortgagee' means and refers to any person awning

an indebtedness secured by a Mortgage on any one or more Lots.

(9) "Owner" means and refers to the person or persons

.,ho now or hereafter is the record Owner in fee simple of a Lot

subject to this Declaration including contract sellers, but does

o: ,ean any person whose estate or Lnterest in a Lot exists only

by virtue of an unrecorded contract or is held only as security

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OI1O3 a15Gfor the payment or performance of an obligation, Each Lot within

the Property shalt at all times have one "Owner within the

meaning of thi5 definition, but that Owner may consist of more

than one person.

(10) Verson means and refers to any natural, person,

corporation, partnership, trust or other en€ity.

(Li) Property," when capitalized, means and refers to

the real, estate described prior herein and such additions thereto

as may hereafter be brought within the jurisdiction of the

Association, and includes all improvements and appurtenances

thereto now or hereafter existing.

(12) upkeep" means care, maintenance, operation,

repair, repainttng, remodelling, restoration, improvement, reno-

vation, alteration, replacement and reconstruction.

Section 2. captions. The captions in this teclaration are

inserted only as a matter of convenience and for reference, and

in no way Limit or otherwise affect the scope, meaning or effect

of any provision of this Declaration.

Section 3. Pronouns. Masculine singular pronouns are used

in this Decaration only as a matter of convenience, and shalt be

construed to include persons of any gender or number.

Section 4. Severability. Each provision of this Declaration

is severable from every other provision hereof, and the invalidity

by judgment or court order of any one or more provisions of this

Declaratton shall not change the meaning of or otherwise affect

any other provision hereof which shall remain in all respects in

eull force and effect.

Section 5. Conflicts. If there is any conflict between

provisions of this Declaration, the Articles of Incorporation of

the Association, the Bylaws of the Association, the Rules and

Reculations of the Association, and/or a resolution adopted put—

siant to any of the foregoing, the provisions of the document

mentioned in this sentence before the document containing a

conflicting provision shall control.

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ARTICLE gooi 10)9 357PROPERTY RICRTS

Section 1. Title and Upkeep. The beclarant, on behalf of

itself and its successors and assigns, hereby Covenants that the

Common Area will be conveyed to the Association in fee simple,

subject to all easements and other encumbrances then of record

including, those created by this Declaration), prior to the

conveyance of any' Lot. Upkeep of the Common Area shall be the

responsibility of the Association.Section 2. Right of Use and tnjoyent. Appurtenant to each

Lot, whether or not mentioned in the deed thereto, shall be an

easement which is hereby created entitling all persons lawfullyoccupying or residing on the Lot to use and enjoy the Common Area

in common with all persons lawfully occupying Or residing on

other ots. Aiiy purported conveyance Or other transfer of that

easement without the Lot to which it is appurtenant shall be

void. The easement created by this Section is subject to the

right of the Association, in accordance with its Articles of

Incorporation and Bylaws, to:

Ci) reasonably regulate the use and enjoyment of the

Common Area;

iii charge reasonable admission and other fees for the

use of any recreational facility situated from tine to time upon

the Common Area,

liii) suspend the voting rights and the right to use of

any recreational facilities by a person for any period during

whLch any assessment against his Lot is unpaid; and for a period

not to exceed 60 days in the case of persons who violate the

published Rules and Regulations promulgated by the Association,

except that no such suspension shall deny access to any Lot to

persons lawfully entitled to occupy the same; and

(iv) dedicate, convey, or otherwise transferthe Common

Area or any portion(s) thereof or estates or interests therein

to any government or governmental agency, public authority or

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800d038 a353utiltty for such purposes and subject to such conditions as may

be agreed to by the Owners. No such dedication or transfer shall

be effective unless an instrument agreeing to such dedication or

transfer signed by two—thirds of each class of Owners has been

recorded, and, the easement is also subject to the right of indi-

vidual Cwners to the exclusive use of parking spaces as provided

in Section 3 of this rticle,

Section 3. parking Facilities. The Association shall have

the power to regulate parking and traffic within the Common itrea

in accordance with its Articles of Incorporation and Eylaws.Upkeep of the parking facilities (including, without limitation,

all parking spaces) is the responsibility of the Association.The eclarant reserves the right, in connection with the convey-

ance of each tot by the Declarant, to grant an easement for the

exclusive use of one or more designated parking spaces to the

Owner of the t.ot. If the Declrant fails to exercise this

reserved right by the time the Declarant cease! to be an Owner,

the Soard of Directors may assign to each Lot one or more

designated parking spaces for the exclusive use of persons

occupying or residing on that Lot and their invitees. The

Declarant or, if the Declarant fails to exercise its reserved

right, the Board of Directors, may grant easements far the exclu-

sive use of a larger number of parking spaces to some Lots than

to other Lots and Lots which have garages need not be granted an

exclusive easement for use of any parking space. No such assign-

ment once made shall be changed without the affirmative consent

of the Owner of that Lot.

ARTICLE UI

EASEMENTS

Section 1. EncroaclVIIefltS and Suooort, If any improvement

constituting part of any Lot or part of the Common Area now or

hereafter encroaches on any (other) Lot or on the Common Area by

reason of IL) the original construction thereof, (ii) deviations

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gooi1O:311 PaL35]

within normal construction tolerances in the upkeep of any improve-

ment, or (Lii) the settling or shifting of any land or improvement,

an easement is hereby granted to the extent of any such encroach-

ment for the period of time the encroachment exists. To the extent

that any land or improvement constituting part of any rot or part

of the Common Area now or hereafter supports or contributes to

the support of any land or Improvement constituting part of any

(other) Lot or of the Common Area, the former is hereby burdened

with an easement for the support of the latter.Section 2. Easement Reserved to Declarant. The Declarant

hereby reserves an easement over the Common Area, which easement

shall arise upon the conveyance of the Common Area to the ?.sso—

ciation whether or not mentioned in that conveyance, for the pur-

pose of completing the construction of all improvements on the

property and for the purpose of placing and maintaining signs on

the Common Area • This easement shall terminate wten the Declarant

ceases to be an Owner.section 3. Emergency Access. There is hereby granted an

easement over the property for the lawial performance of theirfunctions in the event of emergencies by all police, fire, ambu-

lance and other rescue personnel.

Section 4. Easements Required by Governmental Authority. The

rLght is hereby reserved to the Declarant and to the Association

to grant any easements required by any government or governmental

agency over any portion or portions of the Property, including

(without Limitation) any Lots of which the Declarant is not the

Owner at the time such easements are granted.

Section S. utilitin. The Property as a whole is hereby made

subject to an easement for the provision to any portion or portions

of the property of all utilities, including (without limitation)

water, sewers, electricity, gas, telephone, and cable television

service. Any pipes. conduits, Lines, wires, transformers and any

other apparatus necessary for the provision or metering of any

utility may be installed, maintained or relocated where initially

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j(J:39 3ôOinstalled with the permission of the Declarant, where contemplated

on any site plan approved by theDeclarant, or where approved by

resolution of the Board of Directors. The right is hereby reserved

to the Declarant, as long as the teclaraflt is an Owner, and to

the ?ssociatiofl therefter, to grant to any public utility can—

panics easements aver and through any portion or ortions of the

property, including (without limitation) any Lots of which the

Decl.araflt is not the Owner at the time such easements are granted.

section 6. Other Easements. Other easements are created by

sectiOns 2 and 3 of Article IX hereof, by sectiOns 1 and 7 of

Article IV hereof, and by section 2 of Article V hereof, and

be created pursuant to Section 2 of Article II and Sections 4 and

5 of this Article UI.

ARTICLE IV

PARTY WALLS AND FENCES

Section 1. General Rules of Law to Apply. Each wall which

is built as a part of the original construction of the improvements

upon the property and placed on the dividing Line between the

tots shati constitute a party wall as at common law and, to the

extent not inconsistent with the provisions of this Article, the

general rules of the common Law of Virginia regarding party walls

and liability for property damage due to negligence or willful

acts or omissions shall apply thereto. In the event the center-

line of a party wall should now or hereafter fail, to coincide

with the boundary between the Lots it serves, an easement for any

resulting encroachment is hereby granted.

Section 2. Sharing of Repair and Maintenance. The cost of

reasonable repair and maintenance of a party wall shalibe 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 Ls destroyed OC damaged by fire or other casualty,

any Owner who has used the wall may restore it and if the other

Owners thereafter make use of the wall, they shall contribute to

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eooiIU3D

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 act. or oisissions.Section 4. weatherproofing. NotwithttaMin any other pro-

vision of this Article, an Owner who by his negligent or willfulact causes the party wall to be exposed to the elements shallbear the whole cost of furnishing the necessary protectionagainst such elements.

Section 5. Right to Contribute Runs With Land. The right ofany Owner to contribution from any other Owner under this Articleshall 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

between Owners concerning a party wall, Or wder the provisions

of this Article, each Owner shall select one arbitrator, the

arbitrators thus selected shall select one additional arbitrator,

and the decision of a majority of the arbitrators shall bind the

Owners and their successors in interest.

section 7. Fences. ?ll matters arising in connection withany fence intended to divide one Lot from another shall, to theextent such provision is properly applicable to a fence, be sub—

;ect to the provisions of thts Article respecting party waflsand to the law of Virginia as modified by the provisions of thisArticle.

ARTICLE V

UPKEEP OF THE LOTS

Section 1. Responsibility. Each owner is responsible for

the upkeep of his tot. If any Owner shall fail to keep h±s tot

in as good repair and condition as when he acquired it (nonal

wear and tear excepted) to the satisfaction of the Board of

Directors, the Board of Directors or any Architectural Control

Committee created pursuant to the Bylaws may, pursuant to

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10:39 t362resolution, give notice to that Owner of the condition complained

of, specifying generally the action to be taken to rectify that

condition. If the Owner fails to rectify that condition within

thirty (30) days of the date the notice is given, or such shorter

period as may be specified in the notice if the circumstances

warrant a shorter period, the Association shall have the right,

pursuant to any resolutions adopted upon a two—thirds affirmative

vote of such Board of Directors, to rectify that condition by

taking such action (or by causing such action to be taken) as was

specified in the notice. The costs incurred by the Association

in rectifying that condition, less any amount recovered by the

Association pursuant to Section 3 of this Article, shall be

assessed against the tot in question in accordance with Section

10 of Article 'nIX. The Association shall be responsible for

the Ci) exterior painting of the improvements on the Lots, (ii)

removal of snow from paved portions of the Common Area, (iii)

the cutting of grass on the common area, nd (iv) as set out in

ArtLcle IX, Section 1. for general. up—keep of the Common Area.

The Association shall also cut the grass on the Lots provided

that the Lot shall not have been enclosed by the Owner by fence

or otherwise.

Section 2. Easement of the Association. The Association is

hereby granted an easement entitling its Directors, officers, agents

and employees, and independent contractors hired by the Association,

to enter into or upon any Lot to the extent reasonably necessary

to determine whether the Lot is being kept up as required by this

AricIe and to take any action pursuant to this Article.

section 3. Assionment of Insurance Proceeds. Each Owner

covenants and agrees, by his acquisition of title to a tot, that

if any insurance proceeds are payable by reason of an event or

circumstances causing a condition rectified by the Association

pursuant to this Article, those proceeds are hereby anigned to

the Association. Each Owner shall, promptly upon request of any

Director or officer of the Association, execute such document(s)

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oi1U39 J)6as may be necessary to effect or confirm suck, assignment. The

amount thereof received by the Association shall be credited

against the costs incurred by the Association in rectifying the

condition, and any amount in excess of those costs shall be

returned by the Association to the Owner.

ARTICLE VI

RESTRICTIOWS

Section 1. Residential Use. No Lot shall be used for any

nonresidential purpose, except that the Peclarant may use any

Lots of which the Declarant is the Owner as sales offices, rental

offices, management offices, and as model or display units.

Section 2. Leasing. No Lot or portion thereof shall be used

as a rooming house, boarding house or hotel. No tot shall be

rented or Leased except as a whole or for any period less than

six (5) months.. No Lot shall be Leased except pursuant to a

written Lease expressly providing that the rights of the tenants

thereunder shall be subject to this Declaration and to the Asso-

ciation Documents. A copy of the lease shall be delivered in

hand or aailed, first class postage repaid, to a Director of the

Association. This Section does not apply to a Lot wt,ile the

Owner thereof is a former Mortgagee of that tot, provided that

Mortgagee is an institutional Lender.

section 3. Improvements and Exterior Changes. Except pur-

suant to and in accordance with a resolution of the Board of

Directors, or a resolution of any Architectural Control Committee

created pursuant to the Eylaws, or a permissive provision of the

Rules and Regulations, no person shall do anything which would

change the exterior appearance of any portion of a Lot, or

(without limiting the generality of the foregoing);

1. construct or place any improvement or struc-

ture of a temporary character anywhere on the Property;

2. attach or affix any paint, sign, flag, or any

other thing whatsoever, to any portion of the Property; or

3. place, keep or store anything on any portion

of the Common Area.

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1O;39 364Section 4. Nuisance. No person shall cause any unreasonably

loud noise anywhere on the Property, nor shall any person permitor engage in any activity, practice or behavior, for the purposeof causing annoyance, discomfort or disturóance to any person

lawfully present on the Common Area or in any other Lot, or which

would interfere with the enjoyment of the Common Area or of any

other Eot;-.bat this provision shalL not be construed as for-

bidding any work involved in the upkeep of any portion of the

Property so long as such work is undertaken and carried out (i)

with the minimum practical disturbance to persons occupying or

residing in (other) Lots; (ii) in such a way as does not violate

the rights of any person under other provisions of this Declara-

tion, and (iii) in accordance with all applicable restrictions in

the Rules and Regulations, the resolutions of the Board of Direc-

tors and of any Architectural Control Cauntittee created pursuant

to the !ylaws, and the other provisions of this Declaration.

section 5. AccesS. No person shall do anything which would

mpede the access of any other person to any portion of the Pro-

perty to which that other person has a right to go.

Section 6. Animals. No person shall cause or permit any

animal to be present anywhere on the Property except in accor-

dance with the Rules and Regulations.

Section 7. Illegal Activities, Razards and Waste. Nothing

shall be done or kept on any portion of the Property in violation

of law or Mhich would increase the rates for any insurance or

result in the cancellation or voiding of any tnsurance. No waste

shall be committed on any portion of the Property.

section 8. Rules and Regulations. The Board of Directors

shall have the power to adopt, amend and repeal Rules and Regula—

tions restricting and regulating the use and enjoyment of the

?roperty and of any portion or portions thereof.

section 9. Exclusion for the Declarant. Notwithstanding any

other provision of this Declaration, neither this Article, the

Rules and Regulations referred to in Section 8 hereof, nor Section

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Ba0d039 ?A3O31 of Article V hereof, shall apply to any acts or omissions of

the eclarant as long as the Declarant is engaged in construction

or sales, or activities related thereto, anywhere on the Property.

ARTICLE VII

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 e separated from ownership

of any Lot which is subject to assessment. No Owner may avoid

liabiLity for any assessment by waiver, nonuse or abandomnent

of any right or real estate, the new Owner of a tot shall be

jointly and severally liable with the former Owner(s) thereof for

all unpaid assessments against the former Owner(s) of that Lot,

without prejudice to any right of a successor in interest to

recover from any of his predecessors in title any amount for

which the Latter was liable.

Section 2. The Association shall have two classes ot voting

membership:

Class A. Class A members shall be all Owners, with the

exception of the Declarant, and shall be entitled to one vote Eor

each Lot owned. SThen more than one person holds an interest in

any Lot, all, such persons shall be members. The vote for such

Lot shall be exercised as they determine, but in no event shall

rnore than one vote be cast with respect to any Lot.

Class B. The Class B member(s) shall be the Declarant

and shall be entitled to three 3) votes for each Lot owned.

The Class B membership shall cease and be converted to Class A

membership on the happening of either of the following events,

whichever occurs earlier;

(a) when the total votes outstanding in the Class A

membership equal the total votes outstanding in the Class B

membership, or

(b) on December 31, 1985.

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oo1U39 PL.3oc)ARTICLE Vt!!

COVENANT FOR MMNTCNANCE ASSESSMENTS

section 1. Personal Obligation of Assessments. The

Declarant, for each Lot owned within the Property, hereby

covenants,- -and each owner of any Lot by acceptance of a deed

therefor. whether or not it shall be so expressed in such deed,

j deemed to covenant and agree to pay to the Association: Cl)

annual assessments or charges, and (2) special. as5essmeflts for

capital improvements, such assessments to be established and

collected as hereinafter provided. The annual and special

assessments, together with interest, costs, and reasonable

attorney's fees, shall be a charge on the land and shall be a

continuing lien upon the property against which each such assess-

ment is made. Each such assessment, together with interest,

costs, and reasonable attorney's fees, shall also be the personal

obligation of the person who was the Owner of such property at

the time when the assessment fe]! due. The personal obligation

for delinquent assessments shall not pass to his successors in

title unless expressly assumed by them.

Section 2. Puroose of Assessments. The assessment levied

by the Association shall be used exclusively to promote the

recreation, health, safety, and welfare of the residents of the

Properties for the improvement and maintenance of the Common Area.

Section 3. Maximum Annual Assessment. Until January 1 of

the year immediately following the conveyance of the first Lot to

an Owner, the maximum annual assessment shall be SIX HUNDRED

EZGHTY—rorm and No/ba Dollars ($ 684.00 ) per Lot. Such

assessment shall be payable in full by the owner to whom a Lot is

conveyed by the Declarant when less than six months remain in

that year. If more than six months but less than nine months

remain in that year. such assessment shall be due from such Owner

in two equal installments, the first of which shall be payable

at the time of the conveyance and the second of which shall be

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okIO39 P;wE367

payable on October 2. of such year. If more than nine months

remain in that year, such assessment shall be due in three equal

installments, the first of which shall be payable at the time of

the conveyance, the second of which shall be payable on July 1,

and the third of which shalt be payable on October 1.

(a) From and after January 1. of the year immediately

following the conveyance of the first tot to an Owner, the maxi—

mwu annual assessment may be increased each year not more than

5% above the maximum assessment for the previous year without a

vote of the membership.

(b) Prom and after January 1 of the year iu'mediately

following the conveyance of the first Lot to an Owner, the maiL—

iwu annual assessment may be increased above 5% by a vote of two—

thirds of each class of members who are voting in person or by

proxy, at a meeting duly called for this purpose.

(C) The Soard of Directors may fix the annual assessment

at an amount not in excess of the maximum.

Except as provided above for the first fiscal year in which

any of the tots are conveyed to one or more Owners other than the

Declarant, payment of one—fourth of the annual assessment for

each tot shall be due on the first day of each quarter of the

Associations fiscal year, and such an installment shall be

deemed delinquent if not received by the tenth day of the quarterin which it became due. If a fiscal year begins without the

amount of the annual assessments for that year having been fixed,

quarterly installments shall continue to become due in the same

amounts as in the preceding fiscal year, but the amount of the

remaining quarterly installments becoming due after such time as

the amount of the annual assessments for that fiscal year has

been fixed shall be adjusted, so that the total of all install-

ments shall equal the total of the annual assessments fixed for

that fiscal year.

Section 4. soecial Assessments for Caoital Improvements.

In addition to the annual assessments authorized above, the

Association may levy, in any assessment year, a special assessment

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!OGL 1038 368applicable to that year only for the purpose of defraying, in

whole or in part, the cost of any construction, reconstruction,

repair or replacement of a capital improvement upon the Common

Area, including fixtures and personal property related thereto,

orovided that any such assessment shall have the assent of two—

thirds of the votes of each class of members who are voting in

person or by proxy at a meeting duly called for this purpose.

Section 5. Notice and Quorum for any Action Authorized

Under sections 3 and 4. Written notice of any meeting called for

the purpose of taking any action authorized under section 3 or 4

shall be sent to all members not less than thirty (30) days nor

more than sixty (60) days in advance of the meeting. At the

first such meeting called, the presence of Owners or of proxies

entitled to cast sixty percent (60%) of all the votes of each

class of membership shall constitute a quorum. If the required

quorum is not present, another meeting may be called subject to

the same notice requirement, and the required quorum at the sub-

sequent 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 tots

and may be collectd on a monthly basis. Except that Declarant

shall not be required to pay assessments for any tot owned by

the Declarant.

Section 7. Date of Corm,encemeflt of Annual Assessments, Due

Dates. The annual assessments provided for herein shall commence

as to all tots on the first day of the month following the con-

veyance of the Common Area. The first annual assessment shall be

adjusted according to the number of months remaining in the calen-

dar year. The Board of Directors shall fix the amount of the

annual assessment against each Lot at least thirty (30) days in

advance of each annual assessment period. Written notice of the

annual assessment shall be sent to every Owner subject thereto.

—15—

codU:38 pci.16U

The due dates shall be established by the Board of irectors.

The MsociatiOn 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 tot have

been paid. A properly executed certificate of the Association

as to the status of assessments on a Lot is binding upon the

Association as- of the -date of its issuance.

section 8. !ffectOf Nonpayment of Assessments: Remedies

of the Association. If not paid within ten (10) days after the

date it was due, any assessment or installment thereof shall bear

interest, from the due date until the date it is fully paid with

interest, at the rate of eighteen percent (18%) per annum or at

such other lawful rate as may be fixed from time to time by

resolution of the Doard of Directors for aLl assessments and

installments thereof. If any assessment (or installment thereof)

is not paid within ten (13) days after the date it becomes due

an action to foreclose the lien and/or to obtain a personal

judgment against the delinquent Owner may be brought at any time

by the Association, by the Board of Directors or any member(s)

thereof, or by any ofeicer of the Association. The prevailing

plaintiff in such an action shall have the right to reimbursement

from the delinquent owner for court costs and reasonable

attorneys' fees, and the Association shall be subrogated to such

right if Lt pays or reimburses any such costs and fees to the

plaintiff.

Section 9. subcrdination 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 tot

shall not affect the assessment lien. However, the sale or

transfer of any Lot pursuant to mortgage foreclosure or any

proceeding in lieu thereof, shall extinguish the lien of such

assessments as to payments which became due prior to such sale

or transfer. No sale or transfer shall relieve such tot from

liability for any assessments thheafter becoming due or from

the Lien thereof.

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aoodO:30 pf)7Qsection 10. ExtraordInary Assessments. The Association or

the Board of Directors shall individually asses! an Owners Lnt(s)

CL) for the amount of any costs incurred by the Association pur-

suant to Section 1 of Article V of this Declaration, (ii) for the

amount of any fines imposed on that Owner pursuant to section 1

of Article XI of this Declaration, and (iii) for any costs

incurred by- the Association-because of any violation for which

that Owner is responsible under section 1. of Article-XI of this

Declaration. Each such assessment shall be due ten(lO) days

after notice thereof is given to the Owner unless the notice spe-

cifies a later date.

Section 11. Nonliability for Assessments. No person(s) shall

have any liability with respect to assessments Or installmentsthereof becoming due as to a particular Lot after he has ceased tobe the owner thereof. Notwithstanding anything to the contraryin this Article, no Mortgagee or other person(s) who becomes anOwner by reason of foreclosure or deed or assignment in Lieu of

foreclosure, and no successor in title to that Mortgagee, shallhave any Liability with respect to assessments or installmentsthereof which became due before such foreclosure or deed or assign—nent in lieu thereof, and the lien created by Section 13 of this

Article shall cease to exist with respect to those assessments (or

-installments of assessments) at such time as title is transferredby the foreclosure or by deed or assignment in Lieu thereof,

section 12. Certificate as to Status of Payment. Dpon written

request of any Owner, the Treasurer of the Assoctation, or such

other officer of the Association as the Bylaws may specify, shall

issue a dated certificate to that Owner setting forth the ajoount

of any assessments or installments thereof that have become due

from that Owner before the date of that certificate but which have

not been paid as of the date of that certificate. A reasonablecharge may be fixed from time to time by resolution of the Board

of Directors for the Issuance of such certificates. Notwithstanding

any other provision of this Article, a bona fide purchaser of a

—17—

aoo 11)39 31!.

tot from the Owner to whom such a certificate is issued shalt not

be liable for any assessments or installments thereof which became

due before the date of that certificate and wMch are not reflected

thereon, and the Lot acquired by that purchaser shall (from the

tine that purchaser becomes the Owner thereof) be free of the

lten.created. by Section 13 of this Article to the extent that any

such assessments or installments were not so reflected.

Section 13. Lien for Assessments. Each unpaid assessment Or

installment thereof levied pursuant to this Declaration and/or the

Bylaws shall constitute alien running within the land from the

time it becomes due, as shall the interest accruing thereon. Until

fully paid and satisfied, the lien shalt apply to and shall run

with all of the tots that were owned, as of the date then payment

was due, by the Owner from whom payment was due, and shall also

apply to and encumber any and all tots thereafter acquired by that

Owner from the time he becomes the Owner thereof. The lien created

by this section shall be prior to all liens and encumbrances here—

after recorded except Mortgages securing institutional lenders.

ARTICLE IX

FEDtRAL HOME LOAN MORTGAGE CORPORATION COMPLIANCE

Notwithstanding any other provision of this Declaration:

Cl) Any Mortgagee who obtains title to a tot pursuant

to :e remedies proutded in the Mortgage or by foreclosure of the

Mortgage wilt not be liable for such Lots unpaid assessments,

dues or :ha;ges which accrue prior to the acquisition of title to

such Lot by the Mortgagee.

(2) Unless at least two—thirds (2/3) of the Mortgagees

(based upon one vote eor each Mortgage owned) or Owners (other

than the Declarant) of the individual Lots in the Property have

given their prior written approval, the Association shall not be

entitled to:

—18—

cfloc1OJo PACblU.

(a) by act or cmis5ion seek to abandon, partition,

subdivide, encumber, sell or transfer the Common Area or any

other real estate owned by the Association for the benefit of the

r,ots (except that the granting of easements for public utilities

or for other public purposes consistent with the intended use of

such Common Area or other real estate shall not be deemed a

transfer within the meaning of this subparagraph);

(b) change the method of determining the obliga-

tions, assessments, dues or other charges which may be levied

against a Lot or an Owner;

(c} by act or omission change, waive or abandon

any provision of this Declaration or the Bylaws for regulation

and enforcement pertaining to architectural design, the exterior

appearance of Lots, the exterior maintenance of Lots, the main-

tenance of paved portions of the Common Area, the maintenance of

common fences and driveways, or the upkeep of lawns and plantings

in the Property;

(d) fail to maintain fire and extended coverage

insurance on insurable common property on a current replacement

cost basis in an amount not less than one hundred percent (100%)

of the insurable value (based on current replacement cost)' or

Ce) use hazard insurance proceeds for losses to

any property owned by the Association for other than the repair,

replacement or reconstruction of such property.

(3) Mortgagees of Lots may, jointly or singly, pay taxes

or other charges which are in default and which may or have become

a charge against any of the Common Area, and may pay overdue pre-

miums on hazard insurance coverage on the Lapse of a policy for

the Common Area; and Mortgagees making such payments 5hali. be

owed inimediate reimbursement therefor from the Association.

(4) No provision of this Declaration or of the Associa-

tion Documents gives an Owner Or any other party priority over

the rights of a Mortgagee (pursuant to the Mortgage) in the case

of a distribution to such Owner of insurance proceeds or condem-

nation awards for losses to or a taking of any of the Common

area.

—19—

1039 yl;ARTICLE X

""

ARCHITECTURAL CONTROL

No building, fence, wall or other structure shalt be coitmenced,

erected or maintained upon the Property, 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 5tructures and topography by

the soard of Directors of the Association, or by an architectural

committee composed of three (3) or more representatives appointed

by the Board. In the event said Board, or its designated

committee, fails to approve or disapprovesuch design and loca-

tion 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.

ARTICLE XI

APPLICATION, RESPONSIBILITY MD ENFORCEMENT

Section 1. Acplication and ResconsibilitVLines. This

Declarationand the Association Documents are binding upon every

person who is at any time present on any portion of the Property.

Each Owner is responsible to the extent permitted by Virginia

law for any violation of any provision of this Declaration or bf

any AssoCiation Document by any person or animal present on any

portion of the Property at or with the express or implied invita-

tion or consent of that Owner (or, if that Owner comprises more

than one person, at or with the express or implied invitation or

consent of any one of the persons comprising that owner). The

class of persons for whose acts and missions an Owner is liable

under this Section includeS, but is not limited to, persons

occupying or residing on that Owner's Lot and his or their

tenants, guests. licenseesand invitees, but does not include

—20—

oo1U39 ?cE374

persons occupying or residing on tots owned by other Owners. The

acts and omissions for which an Owner is responsible under this

Section shall, be imputed to that Owner and treated as his own

acts and omissions for the purposes of the liabilities and other

obligations of the aforesaid documents and the provisions of this

Declaration. The Association shall have the power, in accordance

with the Ey].aws and the "due process" requirements of law, to

Lmpose fines on an Owner who is responsible under this Section

for an act or omission constituting a violation of any provision

of this Declaration or any Association Document.

Section 2. Enforcement. The Association, each member of the

Board of Directors, and each Owner has the right to enforce by

any proceeding at law or in equity every provision of this

Declaration and of the Association Documents, and to seek and

obtain any and all relief which may be appropriate in the cir—

ctmlstances of each case. A prevailing plaintiff or a prevailing

defendant in any such proceeding shall be entitled to have his

court costs and reasonable attorneys' fees reimbursed by the

plaintiff(s), together with any court costs and reasonable

attorneys' fees incurred in enforcing this right. Any waiver of

or failure to enforce a provision of this Declaration or of the

Association Documents in any one or more cases shall not affect

the validity or enforceability of that provision in any other

case, but any Owner against whom such a provision is enforced by

the Association or by any Director(s) or Officer(s) of the Asso-

ciation shall have the right to have that provision enforced with

equal rigor against other Owners where unfair discrimination

would otherwise result.

ARTICLE XIX

INSURANCE

section 1. CasualtY Insurance on Insurable Common Area. The

Association shall keep all insurable improvementsand fixtures of

the Common Area insured against loss or damage by fire for the

—21—

11)39 375

full Lnsuraflce replacement cost thereof, and may obtain insurance

against such other hazards and casualties as the Association may

deem desirable. The AssociatiOnmay also insure any other pro-

perty whether real or personal. owned by the Association, against

loss or damage by fire and such other hazards as the Association

may deem desirable, with the Association au the owner and benefi-

ciary of such insurance. The insurance coverage with respect to

the common Area shall be written in the name of, and the proceeds

thereof shall be payable to the Association.. Insurance proceeds

shall be used by the Association for the repair or replacement of

the property for which the insurance was carried. Premiums for

all, insurance carried by the Association are Common Expenses

included in the Common Assessments made by the Association.

In addition to casualty insurance on the Common Area, the

Association, through the Board of Directors, may elect to obtain

and continue in effect, on behalf of all. Owners, adequate blanket

casualty and fire tnsurance in such form as the 8oard of Directors

deems appropriate in an amount equal to the full replacement

value, without deduction for depreciation or coinsurance, of all

of the dwellings, including the structural portions and fixtures

thereof, owned by such Owners. Insurance premiums from any such

blanket insurance coverage, and any other insurance premiums paid

by the Association shall, be a Common Expense of the Association

to be included in the regular Common Assessments of the Owners,

as levied by the Association. The insurance coverage with

respect to the dwellings shall be written in the name of, and the

proceeds thereof shall be payable to the Association as Trustee

for the Homeowners.

Section 2. Replacement or Repair of Property. In the event

of damage to or destruction of any part of the Common Area

Improvements the Association shall repair or replace the same

from the insurance proceeds available. If such insurance pro-

ceeds are insufficient to cover the costs of repair or replace-

ment of the property damaged or destroyed, the Association may

—22—

..n fl-',nei 1U.Jo p:;t. I!:

make a Reconstruction Assessmentagainst all Lot Owners to cover

the additional cost of repair or replacement not covered by the

insurance proceed5, in addition to any other Common Assessments

made against such Lot Owner. In the event that the Association is

maintaining blanket casualty and fire insurance on the dwellings.

the, Association shall repair or replace the same from the

insurance proceeds available.

SectiOn 3. Annual Review of Policies. A).l insurance poli-

cies shall be reviewed at least annually by the Board of Directors

in order to ascertain whether the coverage contained in the poli-

cies is sufficient to make any necessary repairs or replacement

of the property which may have been damaged or destroyed.

ARTICLE XIII

MISCELLANEOUS PROVXSICNS

section 1. Notice. Where a notice to an Owner is required

by any provision hereof or anyprovision of the Association

Documents, the notice shall be deemed to have been given (i) when

given in hand to any person who, alone or together with others.

constitutes that Owner, or (ii) when mailed, first class postage

patd, to any such person at themost recent address of that per-

son known to the sender, Where an Owner consists of more than

one person, it is the responsibility of the one who receives a

notice contemplated by this Section to i,mtediately notify the

other(s) of its contents.

Section 2. Membership in the Association and Votice Thereof.

Each Owner shall be a member of the Association from the time he

becomes an Owner until the time he ceases to be an Owner, and give

written notice of his acquisition of title to the Secretary of the

Association iiimtedtately following such acquisition, stating the

name(s) and addres5(es) of the flew Owner and the number(s) of the

Lot(s) acquired. If two or more persons comprise the Owner of a

Lot, they shall coectivelyconstitute only one Member of the

Association, but each Of them shall be entitled to attend all

meetings of the Association.

—23

auodU3fl i77section 3. No Obligations. Nothing contained herein or in

anyAssociation Document shall be deemed to impose on the

Declarant any obligation of any kind to construct or provide any

dwellings, other improvements, fixtures, or personal property.

section 4. kmendments. The covenants and restrictions of

this Declaration shalt run with and bind the Property, for a term

of twenty(2O) years from the date this eclaratiOfl is recorded,

after which time they shall be automatically extended for suc-

cessive periods of ten (10) years. No amendment to this

Declaration during the first 20—year period shall becane effec-

tive except upon the recordation among the land records of an

agreement (consisting of the amendment and any ratifications

thereof) signed by at]. Of the persons comprising not less than

ninety percent (90%) of the Owners and thereafter by recordatioTt

of an agreement signed by not less than seventy—five percent

(75%) of the Cwners. notwithstanding the provisions of the

preceding sentence, (1.) the Declarant reserves the right, for as

long as the Declarant is an Owner, to amend unilaterally any

provisions of this Declaration to satisfy the requirements of any

government, governmental agency, or governmentally regulated cor

poration or association 4,ich insures or guarantees Mortgages OC

which purchases Mortgages (or participations in Mortgages) from

banks, savings and loan associations, or other institutional

tenders, and (ii) so long as the Declarant is an Owner, no a,end—

ment shall be of any effect unless signed or ratified in writing

by the Declarant.

Section 5. FMA/V? p.oproval. ?s Long as there is a Class 3

membership, the following actions will require the prior approval

of the Federal Housing Administration or the Veterans Administra—

tton or both, as the case may be: annexation of additional Land,

dedication of common area, and amendment of this beclaratiofl of

Covenants, Conditions and gestrictions.

—24—

4 flflfl 'V'.DU& IU.iU flL.) /o

IN WITNUS WHEREOF, the Declarant has executed this Declara-

tion on the date shown above.

SEQUOIA BUILDING CORPORATIONa Virginia corporation

By c A2c.A

STATE OF VIRGINIA

COUNfl OF nIRFAX

The foregoing instrument was acknowledged before me this

_____ day of (4&. p 198J, by -L • s14C___________________ President, on behalf of Sequoia Building

Corporation.

/ Notary

stan expires: I I 3L )

In I, Cffl Off et Ire Ow.,'Cn1 t!y i, AIfl,rSu t.i —l*fltKtiflC Ufl@ fl 3•fl c!ftjcS5l. s1II1.r!r.IeIj"re sI I w,rn II mt,r1

tNllIflfr3 a twl ci •g

—25—

eocii 1030 nci37U

VA 825-URBfg9/25/at

EXhIBIT A

IDESQUflIW 0? pRon2a'v 0?

sEq.VIA BUUDI!G R2.CIDI OF iflPJWRA VIRCfl4tA

BoginninS at the point of Intersectiat of the southerly line of Duke

Street (Virginia State Route 236) • and the westerly line of South floyd Street

(variable width), sal-cl point being 30.00 feet sourS of the survey center1

of Du1u3 Street (Virginia State Route 236), and 25.00 feet west of the survey

centerline of South Floyd Street;

thence with the westerly tine of Sguth floydStreet, South 17° 30' 18"

West. 214.21 feet to a point. and South 05 47' 18" West, 504.83 feet to a

fo,id iron pipe, said iron pipe being the northeasterly cDrner of the twds of

the Chesapeake and Potaflac Telephenc COTQWtY of Virginia;

thence 4th the northerly and esterly lines of said lends of the

Chesapeake and ?otaI'C 'relophofle Ca%anY of Virginia, North g0 19' 32" West,

288.89 feet to a point, and South 31. 40 28" West, 177.60 feet to a point

along the northerly 1mG of the land of Jack or Mida A. Crayboyes

thence with said northerly line of the lands of Jack or Alida A.

CraybOyes, North 56 13' 02,' West, 44.40 feet and North 46° 13' 23' West, 55.50

feet to a point marking the southeasterlY cornerof Puka Card.ns, Section (,e;

thence with the easterly line of said Dice Carda1s Section e, North

15° 26' 22" East, 400.91. feet to a point, wid North 30° 23' 19" East, 355.48

feet to a point along the above_referenced southerly line of Dice Street

(VIx&IIia State Route 2i):

thence with said southerly line of Dee Street (Virginia State Route

236), South 78° 22' 41" East. 24990 feet to the point and place of beginning.

Containing 235.331 square feet or 5.4025 acreS, and being iire particu-

larly' descrthed at the flat attached hereto and oada a part hereof.

The parcel herein described being alt of the lands conveyed by herbert

N. Yorgafl, Trustee, to sequoia Building Corporation by deed dated Jtre 15, 1981.

and recorded ong the land records of the City of AlexandriaVirginia In Deed

Book 1023 at page 414, andis within the bozdarieS thereof.

PREPARED BY 93U)JO U4CINUJWC

Telephone: 5682188

• c0MMONWZALTH OF VIRGINIA

STATE CORPORATION COMMISSION

OFFICE OF THE (URIC

RICHMOND, VIROfl4tA

-. November 20, 1981

$ Rnn -

ianv OF Daniel it. BurkThomas Sewell510 King St. Suite 200Box 820Alexandria, Virginia 22313

Sixty Three and Uo/IO0 ILARS

Cameron Kaoll Owners' Association

on account of fees ror inçorporattont

Filing fee, $5.CO; Charter Fee, $ 50.00 Recording Fee, $ 8.00

The certiftoate of incorporation was issued and

admitted to record in this office on the above date.

Respectfully',

• -Clerk of the .Conots%iofl

IIUMAS & SEWELL•

I

FRECE),VFa•

•jriy i1ua1

ox1O37rj 7— '' VA 82541CLLA— c

DESIPrI CF ?O? OFSEg.XIA BUUDD3 RP.

CITY OF ALSCA4DR1A, 3ZPCDIA

Begirning at the otht of intersection of the southerly line of AilcaStreet (Virginia State Route 236) • and the sterly line of South floyd Street(variable width) • said point betng 30,00 feet south of the survey citerltheof Duke Street &irglnia State Route 236) • and 25.00 feet &est or the surveycenterline of South Floyd Street;

thence with the usterly line of &uth floyd Street, South 17 30' 18"West, 21421 feet to a point, and South 05 47' 18'' West, 506.83 feet to afou,d iron pipe, said iron pipe being the northeasterly corner of the lands ofthe Cbesapoake and Fotarac TelepFie Capry of Virginia;

thce with the northerly and westrly lines of said lands or theChesapeake and Potrac Telephone CaTany of Virginia, brth 58° 19' 32'' West,288.89 feet to a potht, and South 31 40' 28'' Wost, 177.60 feet to a pointalong the northerly line of the land of Jack or Mida A. Crayboycs;

thence with said northerly line of the 1a,d of Jack or Mida A.Crayya, trth 56° 13 02' West, 44.40 feet ad brth 46° 13' 22" West, 55.50feet to a potht marking the southeasterly corner of Duke Gardens, Sectia, e;

thcmc with the easterly line of said Dica Cardcs, Section 1e, &rth150 26' 22'' East, 4a0, 91 feet to a point, and brth 30° 23' 19'' East, 355.48feet to a point along the above—referenced southerly line of Duka Street(Virginia State Eoute 236h

thence with said southerly line of Duke Street (Virginia State Route236) South 78° 22' 62'' East, 249.90 feet to cbs point and place of begiting.

Containing 235, 33]. square foot or 5.4025 acres, and being ron particu-larly described on the p].at attached hereto and made a part hereof,

The parcel beret, described being all of the lands conveyed by HerbertN. trgan, Ttustce • to Sequoia BuildThg or,rtia by daed dated Jine 1.5, 1981,and recorded aTcng the land records of the City of Aaaxandria, Virginia in DcciiBook 1023 at pate 414, &d is within the boiiidaries thereof.

- r,NI4S. 0101 1 CS IN

PRW By HOUA'D GEUGflltt S

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