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Windsor Park Homeowner HandbookDRAFT 1 Nov 2013

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Table of Contents ____________________________________________________Page Number

Welcome ……………………………………………………........................................................ 2

About the Windsor Park Homeowners’ Association ……………………………………............. 2

Dues/WP HOA Assessment……………………………………………………………… 2

Meetings...………………………………………………………………………………... 3

History of the Development……………………………………………………………… 3

Contact Information: WP HOA website ………………………………………………... 3 NRP contact information Utilities, government, and police phone numbers

Board, Committee Descriptions, & Functions….………………………………………. 4

Trash & Recycling Information…………………………………………………………………. 6

Parking & Towing Information…………………………………………………………………. 7

Pool Information………………………………………………………………………………… 8

Architectural Control Regulations…………………………………………………………. 9 – 22

Pet Regulations…………………………………………………………………………. 21

Forms and Reference Documents……………………………………………………………… 23

NRP Direct Debit Application………………………………………………………… 23

Pool Pass Application…………………………………………………………….. 24 - 25

Architectural Control Change Request Form…………………………………………. 26

Parking Hangtag Request Form……………………………………………………….. 26

Articles of Incorporation…………………………………………………………... 27 - 31

Declarations of Covenants, Conditions, & Restrictions………………………….. 32 - 43

By-Laws…………………………………………………………………………… 44 - 52

Map of Windsor Park…………………………………………………………………..

Editor, 11/27/13,

Note to homeowners:Please note that only the first few sections (pp. 1–10) of this document has been edited and updated. Comments for these general content sections are being solicited from 2013 Nov 21 to 2014 Feb 21.The architectural guidelines (pp 11-21) will be updated by the Architectural Control Committee (ACC) which consists of board members and homeowner volunteers.Association documents including by-laws, covenants, and the articles of incorporation have been included without modification.This draft was presented to the homeowners at the annual meeting of the Windsor Park Homeowners’ Association on 2013 Nov 21. The draft was updated to reflect the results of that meeting’s election.Please note that some forms were not included in this draft because of formatting issues.To comment on this draft or to join the ACC, please contact Sarah Tozer at [email protected]


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WelcomeWelcome to Windsor Park! This manual is intended to provide homeowners with reference and instructional materials related to live in the Windsor Park community. Enclosed you will find information regarding community bylaws and rules, dues, homeowner rights, architectural requirements, and general information including trash and recycling pickup, pool seasons, and volunteer opportunities.

About Windsor ParkUpon purchasing your townhome, you automatically received membership in the Association and the right to cast one vote. The routine affairs of the Association are managed by a nine-member volunteer Board of Directors. Committees, made up of volunteer residents and board members working together, assist the Board in carrying out activities that preserve the aesthetic quality of our community. The Association may generally undertake any activity that will promote the common benefit and enjoyment of the residents. All Board and Committee members serve without pay.

Assessments, parking tags, and other day-to-day community business are handled by a professional management company, National Realty Partners (NRP). Homeowners who wish to contact the board may do so by contacting the community manager at NRP.

To pay for the maintenance of our community facilities, the Association assesses each member a nominal charge as a fair and equal share of the expenses. Should a member fail to pay that share, the Association may take legal action; and at the discretion of the association, the assessment will become a lien upon the delinquent owner’s property, enforceable by foreclosure proceedings.

There are three primary legal documents that establish the Windsor Park Home Owners Association. All members of the association must comply with these regulations. You are urged to take the time to carefully read the documents that are included in this handbook.

The Articles of Incorporation legally establish the Association as a non-profit corporation for the purpose of owning, maintaining and operating land, facilities and equipment for its members.

The Declaration of Covenants, Conditions and Restrictions establishes the membership, provides for mandatory assessments and generally grants the authority and scope of the Association’s activities.

The By-Laws are the ground rules for the Association’s operation. They provide for assessment collection rates and procedures, election and duties of the Board and Officers and certain parliamentary procedures.

Dues/Windsor Park Homeowners’ Association (HOA) AssessmentsThe Windsor Park HOA has the authority to collect assessments to pay for the services required by homeowners. Assessments are due at the beginning of each year and may be paid in full on January 1, but quarterly payments are offered for your convenience. Dues must be paid on January 1, April 1, July 1, and October 1. Pay your dues on time, do not be late!


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The easiest way to stay current is to sign up for automatic debit payments via NRP using the form provided below. Please your completed form directly to NRP. You may also remit your payments to NRP via mail at the address listed below. Please include your required quarterly coupon with your payment to ensure prompt processing.

National Realty Partners365 Herndon Pkwy, #106Herndon, VA 20170

MeetingsAnnual: An annual homeowners meeting is held each year during the month of November. Homeowners are notified by mail 15 days in advance of the exact date, time and meeting place.

Monthly: The board of directors meets on the third Thursday of every month at 7 pm. The meeting consists of a meeting for community business and includes an open forum during which homeowners may address the board. Homeowners are encouraged to attend meetings and should check the WP website for updates about meeting dates, times, and locations.

Monthly HOA meetings are generally located in the library at Anthony T. Lane Elementary school, 7137 Beulah Street, Alexandria, VA 22315.

History of the DevelopmentWindsor Park community was established in 1975 and is located at the corner of Beulah and Hillary Streets in Alexandria portion of Fairfax County, Virginia, ZIP code 22315.

The Windsor Park Home Owners Association is a non-profit, non-stock Virginia corporation. It was formed to provide for maintenance, preservation and architectural control of the resident’s lots and the common areas. Our community consists of 386 townhomes.

Contact InformationThe Windsor Park website contains many of the same reference materials as the homeowner handbook, in addition to regular updates regarding community events and monthly meetings. Windsor Park Website: windsorparkhoa.org

Management Company, National Realty Partners (NRP): Sarah Tozer, Community [email protected] Herndon Pkwy, #106Herndon, VA 20170

Utilities (Please report outages directly to utilities) Dominion Electric: http://www.dom.com; 1-800-DOM-HELPFairfax Water: http://www.fcwa.org; 703-698-5600 (general), 703-698-5613 (emergency)

http://www.fcwa.org/

http://www.dom.com/

mailto:[email protected]


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Cox Communications: http://www.cox.com; 703-378-8422Verizon: http://www.verizon.com; 1-800-837-4966

Emergency and Government ServicesEmergency Police, Fire, and Rescue: 911Fairfax County Police, Non-Emergency: http://www.fairfaxcounty.gov/police/; 703-691-2131Fairfax County Supervisor, Lee District: http://www.fairfaxcounty.gov/lee/; 703-971-6262Kingstowne Post Office: usps.com; 703-971-3093Kingstowne Library: http://www.fairfaxcounty.gove/library/branches/kn/; 703-339-4610Poison Control Center: http://www.poison.org; 1-800-222-1222Virginia VDOT: http://www.virginiadot.org; 1-800-FOR-ROAD

Board and Committee Descriptions and FunctionsThe Windsor Park Homeowners’ Association (WP HOA) is overseen by a nine-member volunteer board of directors, all of whom are resident homeowners. Board members are elected in November of each year at the annual association meeting. Board member duties include overseeing tasks carried out by the management company (NRP), including contracts and collections, maintaining association documents and communications, and other duties. Homeowners who are interested in joining the board should attend the monthly HOA meetings at Lane elementary school and run for an opening at the annual meeting.

2013-2014 Board members:

Paul Van Rijn, PresidentCaroline Arevalo, Vice PresidentClifford Albanese, TreasurerJennifer Gass, SecretaryKimberly Baldini, Director at LargeMohammad Choudhry, Director at LargeLaura Gonzales Meyers, Director at LargeRobert Lattimore, Director at LargeMarie Van Rijn, Director at Large

CommitteesBoard members and homeowners work together on several committees, each of which oversees a different task domain. Homeowners are encouraged to join committees. Those who are interested in joining should contact Sarah Tozer at NRP ([email protected]) for more information.

Architectural Control Committee (ACC): The ACC protects and promotes home values in Windsor Park by advising the board on architectural guidelines for the community, examining

http://www.virginiadot.org/

http://www.poison.org/

http://www.fairfaxcounty.gove/library/branches/kn/

http://www.fairfaxcounty.gov/lee/

http://www.fairfaxcounty.gov/police/

http://www.verizon.com/

http://www.cox.com/


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and approving requests for exterior changes to houses, establishing adherence to the guidelines, investigating potential violations to the guidelines and settling potential disagreements.

Communications Committee (CC): The CC advises the board about and maintains and distributes HOA documents. Its tasks include maintenance and updating of the website and Facebook page, production of a homeowners’ handbook, production of a newsletter as-needed, and the establishment of a welcome packet for new owners. *Interested bilingual homeowners are requested to help translate board documents.

Landscaping Committee (LC): The LC oversees and advises the board about all landscaping work in the community currently performed by contractors and adds value to community property by adding small shrubs and flowers to common ground.

Pool Committee (PC): The PC advises the board on the safe and sanitary operations of pool facilities. The PC recommends pool rules, regulations, hours of operation and schedule, oversees the pool management company along with NRP, and establishes social programs.

Trash Committee (TC): The trash committee advises the board about trash and recycling needs, as well as homeowner adherence to trash ordinances and the need for special pickups.


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Trash and RecyclingCollections: Trash is collected on Mondays and Thursdays. Recycling (including boxes) is collected ONLY on Thursdays.

Residents may place trash out on the curb no earlier than 7 pm the night before collection and no later than 7 am the day of collection. Trash that is placed outside after that time may be too late for pickup and will incur a fee.

Trash and recycling containers must be stored inside the homeowner’s fenced backyards. Trash may be put out in bags instead of receptacles, however please be sure to use large plastic garbage bags to avoid trash destruction by animals. If pets or other animals open a bag of trash, please report this directly to NRP as it is a health hazard.

Trash and recycling are collected by American Disposal Service. For further questions, please contact them via phone 703-368-0500 or at their website: americandisposal.com.

*Special pickups MUST be called in to American Disposal Service by the residents. Items that require special pick up include tree limbs, leaves, large boxes, and some household renovation materials. Brush and limb items must be bundled (3’ by 18” diameter maximum size).

Permitted and Not Permitted Recyclables:Category Permitted Not Permitted

Metal

Aluminum Cans, Foil, TraysMetal food/beverage cansNon-hazardous aerosols Metal pots and pans

GlassAll glass food/beverage containers Glassware

Plastic

Plastics labeled #1 -#7Wide-mouthed plastic containersRigid Plastics #6 Polystyrene

Paper

All mixed paperNewspapers, magazines, catalogsHardcover/paperback books Used paper plates/cups

Boxes

Corrugated cardboardPaperboard boxesPizza boxes

Household Items Coat hangers (metal/plastic) TiresClothingCeramicsLight bulbs and batteries


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Plastic filmPlastic bags

Parking and Towing RulesNumbered Spaces: There are 386 numbered spaces, all of which are ASSIGNED to homeowners. Each household has one assigned numbered parking space. Because these spaces are assigned to your household, they do not require that the car parked in them have a WP hangtag. (CC&R Article II, Section 2; CC&R Art II, Sect 4)

Reserved Spaces: These spaces are for the exclusive use of WP residents. One hangtag is provided to each household for use of these spaces. Cars parked in these spaces must display the WP hangtag at all times. Residents may use their hangtag to park in any reserved space. The hangtag must be hung inside the vehicle and be clearly visible from the roadway. If the hangtag is not present, the violating car will be towed at the owner’s expense. Lost/Stolen tags revert to WPHOA Inc. property and ownership.

Use of a Lost or Stolen tag is a violation, vehicle will be towed immediately. Only a filed police report will be accepted as proof of a stolen tag. The Association will pursue the necessary actions at law to prosecute the violator for possession and/or conversion of stolen property.

Visitor Spaces: These spaces are for visitor use and are designed only for temporary parking. Visitors may park for no longer than 3 nights in any visitor spot. Moving a car from one visitor’s spot to another does NOT reset the visitor parking time limit. Violators will be towed. If the violator is a Windsor Park resident, the resident’s tag privileges will be withdrawn pending Board Hearing and/or Court action

Additional Rules:The HOA has the responsibility and authority to remove vehicles from Windsor Park property for parking infractions or violations. The towing contractor is authorized to patrol the property and/or respond to calls from the Managing Agent.

Commercial vehicles are not permitted to park at WP. Violators will be towed. If you are unsure whether your vehicle is considered commercial or not, please check the following guidelines provided by Fairfax County: http://www.fairfaxcounty.gov/fcdot/parkingcodechanges.htm.

Towing: The WP parking rules are enforced by Dominion Towing. You may contact them at their 24-hour service number: 888-667-3000.

Hangtags: New parking tags were mailed to ALL owners in June 2013. Tenants (renters) must obtain their parking tag from their landlords. Lost or stolen hangtags must be reported immediately. Replacement hangtags will incur a $35 administrative fee. If you have not received a new tag, please contact Sarah Tozer at National Realty Partners ([email protected],

http://www.fairfaxcounty.gov/fcdot/parkingcodechanges.htm


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703-435-3800). All hangtag requests must be submitted to NRP using the form enclosed at the end of the handbook.


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Pool InformationSeason and Operating Hours: The Windsor Park community pool is located on Rockshire Street. The pool season generally runs from Memorial Day weekend to Labor Day weekend. The pool is open daily12 pm – 8 pm, except Tuesdays. On holidays, the pool is open 11 am – 8 pm. A lifeguard is on duty during all pool hours.

Pool Passes: All residents must obtain a pool pass to access the community pool. Pool passes are only granted to those homeowners who are current on their assessments.

A registration form must be on file for the association to grant passes. Individual passes are good for the entire season. Each individual in the household will receive his or her own pass. Signatures on the forms are used to verify identity. Parents may sign for children only if the children are not old enough to write. Guest passes are available as outlined in the pool rules and regulations listed at the end of the handbook.

Lost or destroyed passes should be reported to NRP immediately. Replacement passes will be issued and will carry an administrative charge.

Registration Forms: Pool pass registration forms are included in the reference section at the end of the handbook. Resident homeowners must fill out side A of the form.

Absentee homeowners must complete side B and forward the packet to your tenant. Please ensure that the list of tenants is complete and that each name on the list is accompanied by the homeowner’s initials. Tenants (renters) must complete side A. Please ensure that your landlord has filled out side B correctly.

Mail your completed forms to: NRP, Attn WPHOA Pool, 365 Herndon Pkwy Ste. 106, Herndon, VA 20170.


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Architectural Control RegulationsOverview: Provisions for architectural control are an integral part of the legal arrangements, which will assure a successful Homeowners’ Association. Properly exercised, these provisions are designed to protect the value of all homes in the community.

Provisions for architectural control also serve another function equally as important as the protection of property values. They provide the ground rules for a forum to settle potential disagreements about exterior appearance. The disagreements, if left to informal expression, can undermine the community spirit necessary to sustain a successful Association. These rules and regulations, and the committee representing same are not designed to stifle individuality, or to establish supremacy. Rather, the rules and regulations and the committee are intended solely to protect individual rights and property values. This is the spirit in which the committee functions and the rules are enforced by the Board of Directors. Your cooperation with these endeavors and adherence to these rules is needed and greatly appreciated.

Please familiarize yourself with the rules in this section and support your Board of Directors in their effort to preserve and enhance the architectural harmony of our community. Please contact any member of the ACC for help or clarification of these rules.

General Rules:

Exteriors of units will be maintained in a uniform manner and in good repair. Front and back yards will be weed free and not be used as open storage areas. Vegetable gardening is prohibited in front of all units and on common ground. Yards will be maintained with uniform ground cover, with grass height not to exceed 4

inches. Bushes and shrubs must be kept neatly trimmed and not overgrown. Landscaping on individual front lawns cannot include fencing, walls, or enclosures. All dead trees and shrubs will be removed. Bushes shall not impede pedestrian traffic.

Architectural Change Requests: All changes to the exterior of the property require prior approval from the Board. The ACC committee reviews all requests for changes and makes a judgment based on the available information. Homeowners must submit requests for changes using the form provided in the reference section at the end of the handbook. Please submit all requests to Sarah Tozer at NRP ([email protected], 703-435-3800). Only completed forms will be processed.

Procedure for Requesting an Architectural Change:

A “Request for Change” form must be submitted by the homeowner to the board. The ACC will consider only written requests. Oral requests will not be considered .

The “Request for Change” should contain a detailed sketch and/or written description of the proposed improvement(s), including but not limited to specific information such as height,


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width, length, size, shape, color, location and materials. Photographs or sketches of similar completed projects in the community will aid in the Committee’s consideration.

If the change is approved, the request will be signed by the ACC Chairman and the Secretary will record any contingencies on the “Request for Change” form. A copy of the form will be returned to the homeowner.

If the change is disapproved, the applicant may request that the ACC to reconsider its position and is encouraged to present new or additional information that might clarify the request or demonstrate its acceptability. Final appeal may be made to the Board of Directors.

If the “Request for Change” cannot be resolved in committee or is considered controversial (seriously deviating from existing guidelines), the Secretary will note on the “Request for Change” form that disposition is contingent on the Board of Directors. No work may commence prior to a Board decision and final approval. The request will be returned to the homeowner via the ACC with a “disapproval” action. The homeowner will be advised of

the next scheduled Board of Directors meeting and the method of requesting a “Hearing.”

If the ACC or the Board fails to take action (approval or disapproval) within thirty (30) days of receipt of said “Request for Change”, no additional approval will be required and Article V of the Declaration of Covenants, Conditions and Restrictions will be deemed to have been fully complied with. Proof of submission date will lie with the requesting homeowner. The thirty (30) day period begins when the request is received by the ACC or the Management Agent.

County Requirements: Compliance with all Fairfax County building codes, zoning requirements, licenses, permits, and construction drawings are the responsibility of the homeowner.

Architectural Control Standards

I. BUILDING ALTERATIONS, ADDITIONS, AND DETACHED STRUCTURES

A. Any addition or exterior alteration to an existing structure or new-detached structure must be compatible with the design character of the original building and have the approval of the ACC.

B. Only the exterior materials existing on the original building or materials compatible with the architectural design of the community will be approved.

Editor, 11/18/13,

These standards must be updated to reflect current real estate law and community regulations.Clarify rules about existing modifications Clarify rules about what constitutes a "replacement" and what is "identical" versus "different" with concrete examples. E.g., if a homeowner replaces a broken portion of fence with identical fence pieces, that should be considered repair and not require a form.Parking information was moved to the parking section aboveCurrent formatting taken from original documents and modified for MS Word. Final formatting will be dependent on rule updates and consolidation.


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C. Only those areas that are painted or stained on the original building may be repainted or restained provided the color is in compliance with the color key plan on file or another color has been approved by the ACC. Unpainted surfaces shall require approval if they are proposed to be stained or painted. If approved, and painted or stained, the finish must thereafter be maintained.

1. ATTIC FANS

a) Electrically powered attic fans do not require ACC approval provided:

1. Are mounted on the rear roof of the house, and;

2. Do not extend above the peak of the roof and extend no higher than 24 inches (2 feet) above the roof’s surface.

b) Unpowered attic ventilators do not require ACC approval provided:

1. Are mounted on the rear roof of the house, and;

2. Do not extend above the peak of the roof and extend no higher than 28 inches (2 feet, 4 inches) above the roof’s surface.

2. FIREPLACE CHIMNEYS

a) Chimneys must be approved by the ACC unless installed by the builder as part of the original sales contract.

1. Chimneys may not be constructed nor approved for construction on the front of any house.

2. Chimneys may be approved for construction only in the rear of the house.

3. Chimneys must be either brick or enclosed by siding exactly matching that of the house.

4. Chimneys may be routed inside the house, but must exit on the backside of the roof.

5. Any other type of chimney or vent for a heating device must receive ACC approval prior to installation.

b) Compliance with all Fairfax County building codes, licenses, permits and construction drawings are the responsibility of the homeowner. ACC approval does not supersede any of the Fairfax County requirements.


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3. FLOWER BOXES

a) Flower boxes on the front of the house do not need formal ACC approval provided:

1. The boxes are made of redwood, preservative treated wood or aluminum;

2. The color is the same color of the shutters, natural redwood or the color of the trim on the house;

3. The boxes are placed on the front stoop, railings or under the first floor window, leveled side and front to back. Flower boxes to be installed above this level require prior approval from the ACC;

4. The height on the box is not taller than six (6) inches and the length does not exceed the window width or the railing length, and the width does not exceed ten (10) inches (front to back);

5. Boxes will be supported or fastened securely. The fastener will be at ninety (90) degree angle, metal fixtures of black or white wrought iron, or aluminum. Fasteners may be painted the same color as the box (see “2” above).

4. “HARD STRUCTURE” FLOWER BEDS

a) Permanent “Hard Structure” flowerbeds on private property outside the privacy fence will be considered by the ACC on a case – by – case basis. No approval will be considered for said structures on common grounds.

1. “Hard Structure” is defined as an installation intended to be permanent in nature, built from brick; preservative treated wood, rock, etc., and over five (5) inches in height.

5. PATIOS

a) Patios in back yards do not need ACC approval provided they satisfy the following criteria:

1. Placement: must be in back yard entirely enclosed by the standard board on board fence;

2. Surface area: no more than fifty (50%) percent of the back yard fenced area shall be covered with a non – seepage (impervious) material. This provision is intended to alleviate drainage problems to common ground areas or adjacent properties;


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3. Drainage: no direct drainage shall be outlet, or ducted, to common ground areas or adjacent property. If alteration affects the existing drainage pattern, the proposed drainage pattern must be included in your “Request for Change” form;

4. Vertical extension: no permanent above-ground extension of the patio may protrude above the fence level (i.e., lighting, redwood or preservative treated wood);

5. Covering: no overhead cover;

6. Composition: must be built of a nondegenerative material (e.g., stone, ceramic, slate, concrete, redwood, or preservative treated wood).

6. DECKS

a) Colonial Style Homes: Presently no decks of any kind higher than twenty-four (24) inches above the ground are permitted.

b) Contemporary Style Homes: Decks will be considered on a case – by –case basis by the ACC. The “Request for Change” form must show the design, construction features, materials and finish. This must also be accompanied by proof that the homeowner has complied with and obtained all necessary building codes and permit requirements of Virginia and Fairfax County. These rules and/or ACC approval do not waive any State or County requirements.

7. SHEDS

a) General: (All Types of Sheds)

1. No larger than six feet by five feet (6’ X 5’) floor area;

2. Must be in a yard, which is entirely enclosed by fence.

3. Placed in the rearmost corner of the back yard within the privacy fence.

4. Top of roof must not be higher than six (6) inches above the closest adjacent fence sections.

5. Drainage will not be piped, ducted or otherwise directed to common ground or adjacent property.

b) Wooden Sheds

A “Request for Change” must be submitted to the ACC. The type of all materials that will be used to construct the shed must be submitted. The wooden shed must


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match the color of the fence. The ACC will consider such requests on a case – by – case basis.

c) Metal Sheds

Metal sheds do not require formal ACC Approval if they satisfy the five (5) GENERAL requirements. Refer to 7a) as well as the following:

1. All metal with baked on enamel.2. Foundation must be level from front to rear, and side-to-side.

3. Anchored to the ground of foundation at a minimum of two (2) points on each side

8. WINDOW SHUTTERS ON COLONIAL STYLE HOMES:

a) Front Shutters must comply with I C. of this section

b) Shutters attached to the rear windows of Colonial Style homes do not require formal ACC approval provided:

1. They are the exact style plastic shutter as those provided originally by the builder.

2. They are painted exactly the same color as the shutters on the front of the unit;

3. The shutters must be installed abutting the vertical edge of the window frame, the height will be the same as the height of the window frame;

4. All rear windows must have shutters installed at the same time.

9. STORM DOORS AND WINDOWS

a) Design must be consistent with the architectural character of the community and style of the house.

b) Front Storm Doors

1. Metal or wood

2. The color may be black, white or the same as the color as the house trim or shutters. See I C. of this section

c) Rear Storm Doors

1. Same criteria as “a” and “b” above, however, the door may be the unfinished “milled” aluminum style.


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d) Storm windows may be the storm/ screen combination or thermal pane type, “a”, “b” and “c” above apply.

e) Any other type, style or color must have ACC approval prior to installation.

f) Shutters installed on the rear windows must be the same style and design as the front shutters. Color must have ACC approval prior to installation.

See I C. of this section

II. FENCES & WALLS (ARTICLE IX, SECTIONS 3 AND 4 OF THE COVENANTS IS THE GOVERNING AUTHORITY)

1. FENCESa. To enclose a back yard or side yard with alternate board - on – board fencing, the same as installed by the builder, specifications are as follows:

1. height – not to exceed seventy – two inches (72”)

2. slat width – one inch by five or six inches (1 X 5 or 6”).

3. slat spacing – three inches (3”).4. top board – one inch by four inches (1” X 4”). Length is determined by the

section of fence, it will be contiguous from post to post.5. posts – four inches by four inches (4” X 4”) (nominal size), with

concrete footings, and either metal top caps or the topmost two inches (2”) or three inches (3”) tapered to form a pyramid.

Height of post will not exceed three inches (3”) above the height of the highest adjoining section of fence.

6. material – cedar wood or pressure (preservative) treated lumber

b. Permanent (style/type) front yard fencing, walls, and /or enclosures will not be approved.

c. Any other type or style of fencing material not mentioned above shall require approval prior to construction

d. Fences may be coated with a clear natural preservative, or stained a redwood shade. Any other choice of stain must have ACC approval.

f. If the fence is stained, the stain must be maintained.

2. GATES


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Will be constructed utilizing the same materials used for the fence. Gate construction will be single – sided board.

3. FIREWALLS, TRIM & SIDING

a) Unpainted (natural) stone and brick walls shall remain unpainted.

b) Painted masonry firewalls shall be maintained with a flat white masonry paint.

c) Painted masonry exterior basement walls shall maintained with a flat white masonry paint.

d) Siding on Contemporary style units shall be installed in the vertical format and shall be maintained with the color and shade on file with the ACC. Color changes are allowed only after approval by the ACC.

e) Window and door trim on the Colonial Style units shall be maintained with a “colonial white” paint.

f) Window and door trim on Contemporary style units shall bemaintained with the original trim color (dark brown), or white.

4. RETAINING WALLS: A “Request for Change” shall be submitted to the ACC for consideration on a case by case basis.

III. ANTENNAS

A. Exterior antennae may not be erected (Article IX, Section 8 of the Covenants). F.C.C. Over-The-Air-Reception Devices (OTARD) rules pertinent to Homeowner Associations will be adhered to by the Association.

B. No wires or cables of any type may be run on the exterior surface of the front or side of any unit.

C All utility wires (Cable TV/ Telephone/ Electrical, etc.) must be run only in the rear of the unit and in manner that does not allow them to be visible (from outside the fenced area). The Homeowner is directly responsible to ensure that the installation is performed in a correct manner, and ensure that all cables remain appropriately fastened and hidden.

IV. EXTERIOR CLOTHES LINES

Only the retractable (“reel” or “pull out”) clothesline types are permitted.

a) Neither the supply unit nor the anchor may be fastened to the unit or fence.

Editor, 11/18/13,

This rule may not be enforceable according to the ordinances.

Editor, 11/18/13,

Is this consistent with fire code?

Editor, 11/18/13,

Clarify county fire code requirements, especially for shared firewalls.


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b) Separate posts must be installed and must not exceed the height of the closest section of fence.

V. PLAYGROUND EQUIPMENT

Privately owned playground equipment must meet the following criteria:

a) Equipment must be located in a rear or side yard entirely enclosed by board- on-board fencing.

b) Homeowner understands and accepts full responsibility and total liability for any and all matters, incidents, etc., involving said equipment.

c) No singular piece or element of the equipment may exceed a vertical height of six (6’) feet above the ground.

d) Equipment is properly installed according to manufacturer’s instructions.

e) Equipment is kept well-painted, rust-free, and in good working order.

Maintenance, Appearance, and UsageI. LANDSCAPING

A. It shall be the responsibility of the BOARD OF DIRECTORS to approve any modification or addition to the common area. The “Master Plan” will also be used as a guide. Plantings contrary to the “Master Plan” will also require Board of Directors approval.

B. Vegetable gardening is prohibited in the front of all units and on common grounds. Vegetable gardening must be confined to areas within the privacy

fences.

II. COMMON AREA MAINTENANCE AND APPEARANCE STANDARDS

A. Grassy areas will be well kept. In order to avoid an overgrown and unkempt look, flat grassy surfaces (those on less than thirty (30) degreeinclines) should be approximately two inches (2”) to four inches (4”) high.

Grassy hills or banks with thirty (30) degree or more incline should be approximately four inches (4”) to seven inches (7”) high. Dead trees and shrubs must be removed.

B. Fences and gates must be maintained in good repair.

C. Properties will be kept free of trash and debris.


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D. General appearances of commonly owned capital structures and miscellaneous structures (e.g., bathhouse, street, signs, tot lots, basketball courts, etc.) will be maintained in the same manner expected of private property.

E. Cluster mailboxes are the property of the U.S. Postal Service. All requests for maintenance, repair, etc., should be directed to the local postal

authorities.

III. PRIVATE PROPERTY MAINTENANCE AND APPEARANCE STANDARDS

A. It is the responsibility of each homeowner to maintain the exterior portion of each unit and lot to include wood, brick, stone or cinder block facades, fences, shrubbery, lawns, etc.B. Paint and stain must be maintained in uniform manner and good repair

(with no peeling, chipping, cracking or stains).

C. Landscaping on individual front lawns cannot include fencing, walls or enclosures. Consult with a member of the ACC if clarification is required

D. Yards will be maintained with a uniform ground cover, grass will not exceed four inches (4”) in height, edges will be trimmed, bushes and shrubs will be kept neatly trimmed. All dead materials (shrubs, trees, etc.) will be removed. Trees will not be allowed to have limbs that extend onto or over common walkways in a manner that will impede pedestrian traffic.

E. Homeowners are responsible for removing any debris or droppings fouling common area by their trees, bushes, etc.

F. Items shall not be left in the front yard overnight.

G. Front and back yards will not be used as open storage areas. Small recreation vehicles (e.g., non-motorized boats, etc.) must be stored inside back yard

fences below the fence line.

H. Motor vehicles may not be parked in yards. Parking (ARTICLE IX, Section 9 and 10 of the COVENANTS), is also covered by Section Vof these Rules.

I. Properties will be kept free of debris. (ARTICLE IX, Section 14 of the COVENANTS applies.)

J. General exterior unit appearance will be maintained in a uniform manner and good repair (e.g., trim, shutters, downspouts, roof shingles)

IV. TRASH AND GARBAGE


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A. No property shall be used or maintained as a dumping ground for rubbish.

B. Trash will be stored in plastic garbage bags, which must in turn be stored in metal or plastic trash cans. All trash receptacles must be kept within the confines of the home’s privacy fence until designated trash pickup days. C. The designated days for trash pickup are MONDAY and THURSDAY. Trash is to be left at curbside ONLY on the days of pickup, prior to 7:00 A.M. (Mondays and Thursday s). The Association complies with all Fairfax County Recycling requirements. Specific rules, pickup days and other information is readily available from the Managing Agent or the Contractor.

D. NO plastic trash bags, nor any trash receptacle will be displayed outside of privacy fencing except on trash pickup days. Homeowners are advised they must return all trash receptacles to the area within privacy fencing on the same day as trash is picked up. Items NOT returned within privacy fencing will be considered discards.

Trash that is placed outside of fences on days other than trash pickup days will be subject to special pickup. The minimum cost of this service may be assessed against identified violators.

V. PARKING

A. No vehicle except as may be classified as passenger car or station wagon shall be regularly parked in residential areas. No boats, boats on cradles, boats on trailers, or trailers will be parked in the community regularly.

B. “Passenger Car or Station Wagon” is defined for the Covenants and Guidelines as any vehicle having passenger car tags and as not a derelict vehicle, commercial vehicle or recreational vehicle as defined below.

C. “Derelict Vehicle” is any vehicle which is undriveable on state or county streets due to lack of proper local, county or state certification, or to lack of maintenance which makes it undriveable (e.g., missing or flat tires, no drive shaft), or which causes any unsightly nuisance to adjacent properties, or which releases offensive odors, noise or fluids to the environment.

D. “Commercial Vehicle” is defined as nay vehicle with a rated carrying capacity of 1500 pounds (¾ ton) or more, or having commercial or “For Hire” tags, or which displays advertising lettering affixed to the vehicle.

E. “Recreational Vehicle” is a vehicle type unit which contains any temporary living quarters for recreational camping or travel use which either has its own


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motor power or is mounted on or towed by another vehicle. Primary entities are travel trailers, fold-down camping trailers, truck campers, motor homes.

F. “Regularly” is defined to mean more than one time overnight.

G. Vehicles in violation of these parking restrictions will be subject to towing, at the owner’s expense, by Windsor Park Homeowners Assoc. or its agent.

H. This restriction (A) carries the following exception: Police vehicles will be permitted to park overnight due to their advantage as a crime deterrent.

I. VEHICLES ON COMMON GROUND

a) All vehicles owned by resident of the community, registered in Virginia and parked in the community must have a valid State and County registration in accordance with the laws of Virginia and Fairfax County. Vehicles owned by resident of the community, but registered in other states and parked in the community must have a valid registration in accordance with the laws of that State and meet the requirements for maintaining “Out of State” registration.

b) Operation of motor vehicles, exclusive of maintenance vehicles, on the common area including fire lanes is strictly prohibited.

c) Maintenance work performed on automobiles and other motorized vehicles within

the confines of Windsor Park is permitted only under the following conditions:

1. all such work must take place on asphalt hard surface areas and not on sidewalks, grassy or recreation areas. Any damage, soiling or unsightly condition caused by the work must be corrected. The member responsible for the resident/vehicle will bear sole responsibility for the correction or liability for damage.

2. the work is not found to be offensive to residents within sight or hearing of the activity.

3. removing and/or replacing the engine, transmission or differential IS NOT AUTHORIZED.

4. during those periods of time when work is not in actual progress the vehicle must have all tires firmly affixed and the tires must be the means by which the vehicle is supported and resting on the ground. Under no circumstances can the vehicle be left unattended on cinder blocks, jacks or ramps.

5. Any such work/maintenance must be confined to the work that Windsor Park residents perform on their vehicles legally registered in their name. Except for


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emergencies, a resident may not have a hired mechanic work on the resident’s vehicle within the confines of the community

d) Residents in violation of any of these aforementioned rules are subject to having their vehicle(s) towed at their own expense, and/or having their rights/privileges suspended in accordance with C C & R, Article II, Section D, Article XI, and bylaws Article VII Section (b). In any event the resident/vehicle owner bear full responsibility and liability for any incident or event incident to violation of these rules.

II. PETS a. It is illegal for pets to roam unleashed or unattended outside private fenced

property. The Fairfax County animal warden will survey the neighborhood and pick up unleashed dogs.

b. The common area is not to be used as an area upon which a pet may defecate. Please curb your pets.

Fairfax County Pet Requirements: Fairfax County zoning laws restrict the number of animals that may be kept on residential property based on lot size. These restrictions may be found at the Fairfax County website: http://www.fairfaxcounty.gov/dpz/faqs/zoning.htm#animals.

Dogs over four (4) months old must be licensed annually and vaccinated against rabies. License tags will be sold only upon presentation of a certificate that the dog was inoculated against rabies by a licensed veterinarian. Dog tags cost ten dollars ($10) per year. All dogs must have license tags securely attached to their collar whenever off the owner’s property. The dog license application may be found at the Fairfax County website: http://www.fairfaxcounty.gov/police/animal/animal-controlservices.htm#DoglicensesaremandatoryinFairfaxCounty.

It is against the law to allow animals to run at large on public or privately owned property. Dogs must be restrained by a dependable leash and controlled by a responsible person whenever off the owner’s property. It is against the law to allow animals to trespass on, destroy or damage another person’s property. Animals must not continually make loud, objectionable noises or be kept in such a manner as to cause unsanitary conditions.

III. RECREATION

a. The common area may be used for recreation and game type activities, excluding baseball, softball, football, soccer, and those types of activities where damage can be caused to or could cause entry onto private property.

b. Residents are liable for damage to common ground caused by their children, visitors or pets.

http://www.fairfaxcounty.gov/police/animal/animal-controlservices.htm#DoglicensesaremandatoryinFairfaxCounty

http://www.fairfaxcounty.gov/police/animal/animal-controlservices.htm#DoglicensesaremandatoryinFairfaxCounty

http://www.fairfaxcounty.gov/dpz/faqs/zoning.htm#animals


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c. Members who sublet their property, or are in an absentee status are liable for damages caused by their tenants.

IV. ADVERTISING: No realtor signs or other form of advertising will be permitted on common grounds unless authorized by the Board of Directors.


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We are pleased to offer you the Direct Payment Plan. Now you can have your payment deductedautomatically from your checking account. And, you won’t have to change your present banking relationship to take advantage of this service.The Direct Payment Plan will help you in several ways:• It saves time – fewer checks to write.• Helps meet your commitment in a convenient and timely manner – even if you’re on vacation or out oftown.• No lost or misplaced statements, your payment is always on time–it helps maintain good credit.• It saves postage.• It’s easy to sign up for, easy to cancel.• No late charges.PLEASE KEEP A COPY OF THE AUTHORIZATION FOR YOUR RECORDSHere’s how the Direct Payment Plan works:You authorize regularly scheduled payments to be made from your checking account. Then, just sit backand relax. Your payments will be made automatically on the specified day. And proof of payment will appear on your statement. The authority you give to charge your account will remain in effect until you notify us in writing to terminate the authorization. If the amount of your payment changes, we will notify you at least 10 days before payment date. The Direct Payment Plan is dependable, flexible, convenient and easy. To take advantage of this service, complete the attached authorization form and return it to us.All you need to do is:1. Fill in the information requested below.2. Attach a voided check for verification of all financial institution information.NOTE: Be sure to sign and date the form!AUTHORIZATION FOR DIRECT PAYMENTI authorize Windsor Park HOA (“Association”) to initiate electronic debit entries to my checking account for payment of association assessments. I understand I will receive a notice if the amount changes. If this item is returned unpaid, I authorize an additional returned check fee of the maximum amount as allowed by the Collection Policy of the Association to be charged to this account. I will notify the Association, in writing, if there is a change in the banking institution that would affect the automatic transfer. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. This authority will remain in effect until I have cancelled it in writing, in such a time and manner as to afford Association a reasonable opportunity to act on it.Staple Voided Check HereFinancial Institution Name (Please Print) _______________________________________________Financial Institution Routing/Transit Number ____________________________________________Account Number at Financial Institution ________________________________________________Name on Account at Financial Institution_______________________________________________Email Address__________________________________________ (Please print)Home Phone Number: ___________________ Cell or Work Phone Number: _________________Association property address: _______________________________________________________Mailing address if different from above: ___________________________________________________________________________________________Signature ______________________________________________________ Date______________

IMPORTANT NOTE: You must continue paying your fee as usually until you receive notification via mail or email of the direct debit start date.I acknowledge and understand this. _________ (initial)

365 Herndon Parkway, Suite 106, Herndon VA 20170 * (703) 435-3800 * Fax (703) 689-0949


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Word Version of Form Needed


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ARTICLES OF INCORPORTATION

OF

WINDSOR PARK HOME OWNERS ASSOCIATION, INC.

In compliance with the requirements of Chapter 2 of Title 13.1 of the Code of Virginia, the undersigned, Joseph B. Gildenhorn, Edward M. Statland and Lawrence D. Huntsman, all of who are of full age, having this day voluntarily associated themselves together for the purpose of forming a corporation not for profit and do hereby certify:

ARTICLE I

The name of the Corporation is WINDSOR PARK HOME OWNERS ASSOCIATION, INC., hereinafter called the “Association.”

ARTICLE II

The initial registered office of the Association is located at 4085 Chain Bridge Road, City of Fairfax, Virginia

ARTICLE III

Frank L. Cowles, Jr., whole address is 4085 Chain Bridge Road, Fairfax, Virginia, 22030, is hereby appointed as the initial registered agent of the Association. He is a resident of Virginia and a Member of the Virginia State Bar.

ARTICLE IV

PURPOSES AND POWERS OF THE ASSOCIATION

This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence Lots and Common Area within that certain tract of real property located on Beulah Street in Fairfax County, Virginia described as follows:

Beginning at a point on the Northwesterly right-of-way line of Beulah Street (Rt. #613), said

point marking the Northeasterly corner of Deane; thence leaving the said right-of-way line and running with the Northeasterly boundary of Deane, Bauserman, Lot 1, Casperson

Editor, 11/18/13,

These and all subsequent documents have been taken from original documents.Formatting is based on original documents and has not been modified except to remove extraneous page numbers and spelling errors.Final formatting will conform to formatting changes for Architectural Control Guidelines listed above.


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Subdivision, the terminus of Markley Street, and Parcel C Casperson Subdivision N52 degrees, 14’30”W, 1716.30 feet to a point marking the most southerly corner of Lot 51, Windsor Estates, Section 3; thence running with the Southeasterly Boundary of said Lot 51 N23 degrees 55’04”E, 328.17 feet to a point on the Southerly right –of – way line of Barry Road (Rt#1317), said point also marking the most Easterly Corner of said Lot 51; thence running with the Southerly right-of-way of said Barry Road to the following courses: S43 degrees 15’42”E, 14.71 feet; N73 degrees 33’56”E, 622.63 feet; N65 degrees 47’41”E 682.66 feet: S75 degrees 07’19”E, 391.52 feet and S87 degrees 47’09”E, 153.04 feet to a point marking the Northwesterly corner of Lot 28, Windsor Estates, Section 1; thence departing said Barry Road and running with the Westerly line of said Lot 28 S02 degrees 12’49”W, 114.73 feet to a point marking the most Northerly corner of Goff; thence with the Northwesterly and Southwesterly boundary lines of Goff the following courses: S36 degrees 40’38”W, 386.62 feet and S53 degrees 20’45”E, 209.03 feet to a point on the Northwesterly boundary line of Gray, thence running with a portion of the Westerly line of Gray and continuing with the Westerly line of Gray and continuing with the Westerly lines of Glickfield, Powell and Nalls S36 degrees 40’38”W 875.43 feet to a point marking the most Westerly corner of Nalls; thence running with the Southwesterly line of Nalls S53 degrees 33’41”E. 407.27 feet to a point on the Northerly right-of-way line of the aforementioned Beulah Street; thence running with the Northerly right-of-way line of said Beulah Street the following courses: S70 degrees 34’19”W, 139.29 feet; S61 degrees 58’01”W, 62.14 feet; S46 degrees 14’ 19W, 65.47 feet and S28 degrees 29’19”W, 85.90 feet to the point of beginning, containing 40.99053 Acre of land.

and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to:

(a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereafter called the “Declaration,” applicable to the property and recorded or to be recorded in the circuit Court for Fairfax County and as the same may be amended from time to time as therein provided, the Declarant being Windsor Park Associates, a Virginia Limited Partnership, its successors and assigns.

(b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes of governmental charges levied or imposed against the property of the Association.

(c) acquire (by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association.

(d) borrow money, and with the assent of more than two-thirds (2/3rds) of each class of members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debits incurred.

(e) dedicate, sell 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


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the members. No such dedication or transfer shall be effective unless an instrument has been signed by more than two-thirds (2/3rds) of each class of members, agreeing to such dedication, sale or transfer;

(f) participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of more than two-thirds (2/3rds) of each class of members;

(g) have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State f Virginia by law may now or hereafter have or exercise.

ARTICLE V

MEMBERSHIP

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record o assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to any may not be separated from ownership of any Lot which is subject of assessment by the Association.

ARTICLE VI

VOTING RIGHTS

The Association shall have two classes of voting membership:

Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be a 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.

Class B. The Class B member(s) shall be the Declarant (as defined in the Declaration), 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, 1976.

Article VII


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BOARD OF DIRECTORS

The affairs of this Association shall be managed by a Board of Nine (9) Directors, who need not be members of the Association. The number of Directors may only be changed by amendment to these Articles of Incorporation.

At the first annual meeting the members shall elect three (3) directors for a term of one year, three (3) directors for a term of two (2) years, and three (3) directors for a term of (3) years; and at each annual meeting thereafter the members shall elect three directors for a term of three (3) years.

ARTICLE VIII

DISSOLUTION

The Association may be dissolved with the assent given in writing and signed by more than two-thirds (2/3rds) of each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any 11nonprofit corporation, association, trust or other organization to be devoted to such similar purposes.

ARTICLE IX

DURATION

The Association shall exist perpetually.

ARTICLE X

AMENDMENTS

Amendment of these Articles shall require the affirmative vote of seventy-five percent (75%) of the entire (Class A and B) membership.

ARTICLE XI

FHA/VA APPROVAL


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As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dedication of Common Area, dissolution and amendment of these Articles.


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DECLARATION OF

COVENANTS, CONDITIONS AND RESTRICTIONS

THIS DECLARATION, made this 12th day of August, 1971, by WINDSOR PARK

ASSOCIATES, A Virginia limited partnership, hereinafter referred to as “Declarant.”

WHEREAS, Declarant is the owner of certain property on Beulah Street in the County of

Fairfax, State of Virginia, which is more particularly described as set forth on Schedule A, which

schedule is attached hereto, initialed on behalf of the Declarant and incorporated herein.

AND WHEREAS, Declarant will convey the said properties, subject to certain protective

covenants, conditions, restriction, reservations, liens, and charges as herein after set forth;

NOW, THEREFORE, Declarant hereby declares that all of the properties described

above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in successors and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I

DEFINITIONS

Section 1. “Association” shall mean and refer to Windsor Park Home Owners Association, Inc., a Virginia corporation, 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 sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 3. “Properties” shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.


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Section 4. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of members of the Association.

Section 5. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

Section 6. “Declarant” shall mean and refer to Windsor Park Associates, a Virginia

limited partnership, its successors and assigns, if such successors or assigns should acquire more

than one undeveloped Lot from the Declarant for the purpose of development.

Section 7. “Member” shall mean and refer to every person or entity who holds

membership in the Association.

ARTICLE II

PROPERTY RIGHTS

Section 1. Members Easements of Enjoyment. Every member shall have a right and

easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass

with the title to every Lot, subject to the following provisions:

(a) the right of the Association to limit the number of guests of members;(b) the right of the Association to charge reasonable admission and other fees for the

use of any recreational facility situated upon the Common Area;(c) the right of the Association, in accordance with its Articles and By-Laws, to

borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said properties shall be subordinate to the rights of the homeowners hereunder;

(d) the right of the Association to suspend the voting rights and right to use of the recreational facilities by a member for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed Sixty (60) days for any infraction of its published rules and regulations;

(e) 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 and the Department of County Development of Fairfax County, Virginia. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of


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members agreeing to such dedication or transfer has been recorded and there has been written approval by the appropriate officials of Fairfax County, Virginia.

(f) The right of the individual member to the exclusive use of parking spaces as set aside for parking.

Section 2. Delegation of Use. Any member may delegate, in accordance with the By-

Laws, his right of enjoyment to the Common Area and facilities to the member of his family, his

tenants, or contract purchasers who reside on the property.

Section 3. Title to the Common Area. The Declarant hereby covenants for itself, its heirs and assigns, that it will, prior to the conveyance of the first lot to a purchaser, convey fee simple title to the Common Area to the Association, free and clear of any encumbrances and liens, but subject to easements, covenants and conditions herein or recorded prior hereto and subject to easements for utilities and other public purposes regardless of when recorded, as may be required in the orderly development of the property, prior to the conveyance of the first Lot.

Section 4. Parking Rights. Ownership of each Lot shall entitle the owner or owners Thereof to the use of automobile parking spaces, which shall be as near and convenient of said Lot as reasonably possible, together with the right of ingress and egress in and upon said parking areas. The subdivision will provide an average of 1-½ parking spaces for each Lot.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

Section 1. Every person or entity, who is a record owner of a fee or undivided interest in any of which is subject by covenants of record to assessment by the Association, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold interest as security for the performance of any obligation. No owner shall have more than one membership for each lot owned as described above. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessments by the Association. Ownership of such Lot shall be the sole qualification for membership.

Section 2. The Association shall have two classes of voting membership:

Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.


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Class B. Class B member(s) shall be the Declarant and shall be entitled to three 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, 1976.

ARTICLE IV

CONVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a Deed therefore, whether or not in shall be so expressed in such deed, is deemed to

covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together either

interest, cost, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties (including administrative and overhead expense) and in particular for the improvement and maintenance of the Properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the homes situated upon the Properties.

Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner other than Declarant, the maximum annual assessment shall be One Hundred Twenty Dollars ($120.00) per Lot owned by the Class A Members; provided, however, that such maximum annual assessment per Lot owned by the Class B Members shall be twenty-five percent (25%) of the above – specified dollar amount.


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(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner other than Declarant, the maximum annual assessment applicable to each Lot may be increased each year not more than the “Maximum Percentage” (as defined below) above the maximum and annual assessment applicable to each such Lot for the previous year without a vote of the membership. The “Maximum Percentage” for any year shall be the percentage of increase in the Consumer Price Index, 1957-59 Base, All Items, District of Columbia Area, as published by the Bureau of Labor Statistics of the United States Department of Labor, or its successor, in the report most current on the first day of such year as compared to the report most current on the first day of the preceding year. (If the aforesaid Index shall be discontinued, there shall be substituted therefore such other comparable index as may be furnished by the United States Government or the District of Columbia.

(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner other than Declarant, the maximum annual assessment applicable to each Lot may be increased more than the “Maximum Percentage” above the maximum annual assessment, with respect to each class of Members, or two-thirds (2/3) of each class Member who are voting in person or by proxy at a meeting duly called for this purpose, however, that no increase under this paragraph (b) shall be made prior to the expiration of three (3) years from the preceding increase under this paragraph (b).

(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum annual assessment permitted.

Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) 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. Both annual a special assessments must be fixed at a uniform rate for all lots in accordance with Section 3 above and may be collected on a quarterly or less frequent basis as the Board of Directors may determine.

Section 6. 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 members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership


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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 (1/2) 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 7. 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 or less frequent basis as the Board of Directors may determine.

Section 8. 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 the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.

Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within Thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any judicial proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

Section 11. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties dedicated to and accepted by a local public authority; (b) the Common Area.

ARTICLE V


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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 in 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, 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 disapprove such design and location within thirty (30) 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 VI

EXTERIOR MAINTENANCE

In the event an Owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which the Lot is subject.

ARTICLE VII

PARTY WALLS

Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes 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 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 wall 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


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call for a 18larger contribution from the others under any rule of law regarding liability for negligence or willful acts or omissions.

Section 4. Weatherproofing. Notwithstanding any other provision of this Article, any 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 decision shall be by a majority of all the arbitrators.

ARTICLE VIII

ANNEXATION OF ADDITIONAL PROPERTIES

Section 1. Annexation of additional property shall require the assent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class B members, if any, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The presence of members or of proxies entitled to cast sixty percent (60%) of the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at such subsequent meeting shall be one-half of the required quorum of the preceding meeting. In the event that two-thirds (2/3) of the Class A membership or two-thirds (2/3) of the Class B membership are not present in person or by proxy, members not present may give their written assent to the action taken thereat.

Section 2. If within 6 years of the date of incorporation of this Association, the Declarant should develop additional lands within the area described in Deed Book 3471, Page 278, of the land records of Fairfax County, Virginia, such additional lands may be annexed to said Properties without the assent of the Class A members; provided, however, that the development of the additional land described in this section shall be in accordance with a general plan submitted to the Federal housing Administration or the Veterans Administration with the processing papers for the first section. Detailed plans for the development of additional lands must be approved by the Federal Housing Administration or the Veterans Administration prior to such development.

ARTICLE IX


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USE RESTRICTIONS

Section 1. No property shall be used except for residential purposes or for professional offices or for a builder’s construction or sales office during the construction and sales period.

Section 2. No building, accessory building or structure, shed, awning, porch or porch covering, garage, trailer, tent, driveway, back fence, hedges, screens, barns, walls or other structure shall be allowed, constructed or altered upon any property or dwelling thereon without the plans and specifications of such having been approved by the Architectural Control Committee as to quality of workmanship, design, colors and materials and harmony of same to the project as a whole. No structure built upon any of the said property shall have any part of the exterior (including front door and trim) painted without the proposed color thereof having been approved by the said Architectural Control Committee.

Section 3. No fence, wall or walls or other similar type structure shall be allowed except those approved by the Architectural Control Committee.

Section 4. No fence, wall, hedge or shrub over three feet high shall be allowed to be erected, planted or constructed upon any property which is located at the intersection of two streets. The purpose of such covenant being to avoid obstruction of view at such intersections.

Section 5. No exterior clothesline or hanging device (except for an umbrella-type structure with a diameter not exceeding seven feet for use in rear of dwellings only) shall be allowed upon any property. Such hanging devices as are permissible shall not be displayed except on weekdays between the hours of 8 a.m. and 6 p.m.

Section 6. Storm doors shall be either wood (in which case the same shall be painted the color of the door or trim) or anodized aluminum.

Section 7. No dwelling shall be permitted upon any property having a ground floor area of less than 400 square feet where the said dwelling consists of two stories of 800 square feet where the said dwelling consists of one story.

Section 8. No roof top television antenna shall be permitted. Any resident wishing to install an antenna for amateur radio activities exclusively must submit plans for same to the Architectural Control Committee. The plans shall show proposed location, height, and configuration of the equipment. The applicant shall also present affidavits from all property owners within one hundred feet (100 ft.) of his dwelling stating that they have no objections to such installations.


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Section 9. No boats on cradles or trailers may be parked in streets, driveways, yards or common parking areas for more than twenty-four (24) hours; providing, however, that the Association may designate a specific place which shall be adequately screened from nearby residences for such parking.

Section 10. No vehicles except as may be classified as passenger cars or station wagons shall be regularly parked in residential areas.

Section 11. No noxious or offensive activities shall be carried on upon the property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

Section 12. During the construction and sales period no signs other than those ;of the builders may be displayed that are larger than one square foot. Thereafter, no signs exceeding two square feet shall be displayed.

Section 13. No animals, livestock or poultry or any kind shall be raised, bred, or kept on any property, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred or maintained for a commercial purpose.

Section 14. No property shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

ARTICLE X

EASEMENTS

Easements for installation and maintenance of utilities and drainage facilities and for other public purposes and access to all property are reserved as shown on the recorded plat of the project or as may be or may have been required, necessary or desirable to be recorded or given prior to the date hereof or subsequent hereto. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or access to the property subject to such easements. Such easements may contain rights of ingress and egress. The Declarant shall have rights of ingress and egress to all Lots in a section until one (1) year after the completion of all units in such section for purposes of correcting drainage and other construction problems that may have occurred.

ARTICLE XI


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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. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of Twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of Ten (10) years. The covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. However, anything to the contrary contained herein notwithstanding, the covenants contained in Articles I, II, III, IV, and XI shall not be amended at any time or vacated without the written approval of the Director of County Development of Fairfax County, Virginia.

Section 4. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, dedication of Common Area and amendment of this Declaration of Covenants, Conditions and Restrictions.

Section 5. Deeds of Trust. The use herein of the word “mortgage” shall be deemed to mean “deed or deeds of trust” where such security instruments are used in lieu of or instead of a mortgage or mortgages.

Section 6. Non-applicability to Other Property. The covenants, conditions and restrictions set forth herein shall apply only to the property described hereinabove, and shall create no rights, benefits, burdens or obligations with respect to any other property owned by Declarant, its successors or assigns.


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Section 7. The lands of the Association shall not be conveyed, denuded, defaced or otherwise destroyed in any manner at any time without the approval of the appropriate department of the Fairfax County Government and in concurrence with the Fairfax County Planning Engineer.


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BY – LAWS OF WINDSOR PARK HOME OWNERS ASSOCIATION, INC.

ARTICLE I

NAME AND LOCATION. The name of the corporation is Windsor Park Home Owners Association, Inc., hereinafter referred to as the “Association”. The principal office of the corporation shall be located at 6400 Rockshire Street, Alexandria, Fairfax County, Virginia, 22315, but meetings of members and directors may be held at such places within the State of Virginia, County of Fairfax, as may be designated by the Board of Directors.

ARTICLE II

DEFINITIONS

Section 1. “ Association “ shall mean and refer to Windsor Park Home Owners Association, its successors and assigns.

Section 2. “ Properties “shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 3. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners.

Section 4. “ Lot “ shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area

Section 5. “ Owner “ shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 6. “ Declarant “ shall mean and refer to Windsor Park Associates, a limited partnership, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.


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Section 7. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Circuit Court of Fairfax County, Virginia.

Section 8. “ Member “ shall mean and refer to those person entitled to membership as provided in the Declaration.

ARTICLE III

MEETINGS OF MEMBERS

Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same month of each year thereafter, at the hour of 8 o’clock, P.M. If the day of the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.

Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or the Board of Directors, or upon written request of the members who are entitled to vote one – fourth (1/4) of all of the votes of the Class A membership.

Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each member’s address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.

Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one tenth (1/10th) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By – laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.

Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.


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ARTICLE IV

BOARD OF DIRECTORS: SELECTION:

TERM OF OFFICE

Section 1. Number. The affairs of these associations shall be managed by a Board of nine (9) directors, who need not be members of the Association.

Section 2. Term of Office. At the first annual meeting the members shall elect three (3) directors for a term of one year, three directors for a term of two (2) years and three directors for a term of three (3) years; and at each annual meeting thereafter the members shall elect three directors for a term of three (3) years.

Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a Director, unless he is an officer of the Association, his successor shall be selected within thirty (30) days by a majority of the remaining members of the Board and shall serve for the unexpired term of his predecessor. If the Director whose position is vacated is the President of the Association, the Association Vice – President shall automatically become the President for the remainder of the unexpired term of the predecessing President. The offices of Vice-President, Treasurer and Secretary if vacated within six (6) months of election for the reasons stated in this Section 3, shall have their positions filled for the unexpired term of the position according to the nominating and election process enumerated in ARTICLE V of these By – Laws. If vacated after six (6) months after election, such office shall be filled by the Board. Elections may be conducted by absentee ballot of the Association membership.

Section 4. Compensation. No director shall receive compensation for any service is may render to the Association. However, any director may be reimbursed for his actual expense incurred in the performance of his duties.

Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting, which they could take at a meeting by obtaining the written approval of all the directors. Any action to approve shall have the same effect as though taken at a meeting of the directors.

ARTICLE V

NOMINATION AND ELECTION OF DIRECTORS


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Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non – members.

Section 2. Nomination and Election of Officers of the Board of Directors. The position of Officers of the Board of Directors; President, Vice – President, Treasurer and Secretary shall be directly filled through the nomination and election process according to ARTICLE V. Officers may be nominated from the acting Board of Directors or from nominees selected to fill vacant positions to the Board of Directors.

Section 3. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest numbers of votes shall be elected. Cumulative voting is not permitted.

ARTICLE VI

MEETING OF DIRECTORS

Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, as such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.

Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days’ notice to each Director.

Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

ARTICLE VII


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POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. Powers. The Board of Directors shall have power to:

(a) adopt and publish rules and regulations governing the use of the Common Area facilities, and the personal conduct of the members and their guest thereon, and to establish penalties for the infraction thereof;

(b) suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations;

(c) exercise for the Association all powers, duties and authority vested in or delegated to this association and not reserve to the membership by other provisions of these By – laws, the Article of Incorporation, or the Declaration;

(d) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and

(e) employ a manager, an independent contractor, or such other employees as them deem necessary, and to prescribe their duties.

Section 2. Duties. It shall be the duty of the Board of Directors to:

(a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one – fourth (1/4 th) of the Class A members who are entitled to vote;

(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

(c) as more fully provided in the Declaration, to:

(1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;


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(2) send written notice of each assessment to every Owner subject to thereto atleast thirty (30) days in advance of each annual assessment period; and

(3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same;

(d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment had been paid. A reasonable charge may be made by the Board for the issuance of the certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;

(e) procure and maintain adequate liability and hazard insurance on property owned by the Association;

(f) cause all officers or employees having fiscal responsibility to be bonded, as it may deem appropriate;

(g) cause the Common Area to be maintained.

Section 3. Indemnification. Every Director and Officer shall be indemnified against all liabilities, civil and criminal, incurred in relation to his duties, including all reasonable expenses of defense, except to the extent that he shall have been finally adjudged to be liable for negligence or misconduct in the matter out of which the liability arises.

ARTICLE VIII

OFFICERS AND THEIR DUTIES

Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice – president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board nay form time to time by resolution create.

Section 2. Election of Officers. The election of Officers of the Board of Directors shall take place at the annual meeting of the members.


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Section 3. Term. The Officers of this Association shall be elected by the members at the annual meeting of the members and each shall hold office for three (3) years unless he shall sooner resign, or shall be removed or otherwise disqualified to serve.

Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time determine.

Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 6. Vacancies. A vacancy in the Office of President shall be filled immediately by the Vice – President who shall serve out the remainder of the term of the President. If other Officers vacate their positions before six months following election by the members at the annual meeting, the vacancy shall be filled for the unexpired term of the Officer being replaced by the nomination and election process, absentee balloting authorized. Vacancies in Offices other than President may be filled by Board appointment for the unexpired term of the Officer being replaced after the incumbent Officer has been in office in excess of six months following election at an annual members meeting.

Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant of Section 4 on this Article.

Section 8. Duties. The duties of the officers are as follows:

President: The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co – sign all checks and promissory notes.

Vice – President: The vice – president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.

Secretary: The secretary shall record the votes and keep the minutes of all meeting and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the


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members; keep appropriate current records showing the members of the Association together with their address, and shall perform such other duties as required by the Board.

Treasurer: The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members.

ARTICLE IX

COMMITTEES

The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By – Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.

ARTICLE X

BOOKS AND RECORDS

The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By – Laws of the Association shall be available for inspection by any member at the principle office of the Association, where copies may be purchased at a reasonable cost.

ARTICLE XI

ASSESSMENTS

As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments, which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of seven percent (7%) per annum, and the Association may bring an action at law against and Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No Owner


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may waive or otherwise escape liability for the assessments provided for herein by non – use of the Common Area or abandonment of his Lot.

ARTICLE XII

CORPORATE SEAL

The Association shall have a seal in circular form having within its circumference the words: WINDSOR PARK HOME OWNERS ASSOCIATION – State of Virginia, 1971.

ARTICLE XIII

AMENDMENTS

Section 1. These By – Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy, except that the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments while there is Class B membership.

Section 2. In the case of any conflict between the Articles of Incorporation and these By – Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By – Laws, the Declaration shall control.

ARTICLE XIV

MISCELLANEOUS

This fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

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