SUMMERHILL SECTION ONE

 

DECLARATION

 

OF COVENANTS CONDITIONS AND RESTIMMONS

 

 

ARTICLE I

 

DEFINITIONS

 

Section 1.       "Homeowners Association" shall mean and refer to Sheffield Homeowners Association, its successors and assigns.

 

Section 2.       Recreation Association" shall mean and refer to Sheffield Recreation Association, its successors and assigns.

 

Section 3.       "Properties" shall mean and refer to that certain real estate hereinafter described and such additions thereto an may hereafter be brought within the jurisdiction of the Association:

 

See Schedule A attached hereto, and incorporated herein by reference.

 

Section 4.       "Common Area" shall mean all property owned by the Homeowners Association for the common use and enjoyment of the members of the Homeowners Association.  The Common Area for SUMMERHILL, is described as follows:

 

There is no Common Area for SUMMERHILL in Section One.  The Common Area for SUMMERHILL is contained within the additional land that may hereafter be brought within the jurisdiction of the Association.

 

Section 5.       "Recreation Area" shall mean all property owned by the Recreation Association for the recreational use and enjoyment of the members of the Recreation Association. The recreation are& for SUMMERHILL is described

as follows:

 

All of Parcels 'A' and "B”, SUMMERHILL, Section ONE (1) as the same is duly dedicated, platted and recorded pursuant to a Deed of Dedication and Subdivision immediately prior hereto.

 

The Recreation Area may be enlarged to include the Recreation Area(s) contained in such additions as may hereafter be brought within the jurisdiction of the Association.

 

EXHIBIT “A”

 

Section 6.       "Lot" shall mean and refer to any single family or townhouse plot of land shown upon recorded subdivision map of the Properties with the exception of the Common Area and the Recreation Area.

Section 7.       "Homeowners Association Member" shall mean and refer to every person or entity who holds membership In the Homeowners Association, by reason of ownership of a townhouse lot in the Properties.

 

Section 8.       "Recreation Association Member" shall mean and refer to every person or entity who holds membership in the Recreation Association by reason of ownership of a single family or townhouse lot in the Properties.

 

Section 9.       "Owner" shall mean and refer to the record owner whether one or more persons or articles, of a fee simple title to any Lot which to a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

 

Section 10.     "Declarant" shall mean and refer to SHEFFIELD DEVELOPMENT

LIMITED PARTNERSHIP, its successors and assigns, if such successors and assigns should acquire more than one unimproved  Lot from the Declarant for the purpose of improvement.

 

 

ARTICLE II

 

INCREASE IN MEMBERSHIP IN HOMEOWNERS ASSOCIATION BY ANNEXATION OF ADDITIONAL PROPERTIES

 

Section 1.       Increase In membership of the Homeowner& Association by

annexation of additional property shall require the ascent of more than two‑thirds (2/3) of the Class A members and more than two‑thirds (2/3) of the Class B members,   if any, of the Homeowners Association, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less then ten (10) days nor more than fifty (50) 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 any 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.  No such subsequent meeting shall be held more than sixty (60) days‑following the preceding meeting.  In the event that more than two‑thirds (2/3) of the Class A membership and more than two‑thirds (2/3) of the Class B membership of the Homeowners Association are not present in person or by proxy, members not present may give their written assent to the action taken thereat within thirty (30) days after the date of the meeting.

 

Section 2.       If within five (5) years of the date of incorporation of this Association, the Declarant should develop townhouse lands within the following described area located in the County of Fairfax, Virginia:

 

                        See Schedule B attached hereto and incorporated herein by reference,

 

the increase in membership of the Homeowners Association by the annexation of such townhouse lands shall not require the assent of the Class A members of the Association, provided, however, that the development of such townhouse lands described in this section shall be in accordance with a general plan submitted to the Federal Housing Administration and the Veterans Administration with the processing papers for the first section.  Detailed plans for the development of townhouse lands must be submitted to the Federal Housing Administration and the Veterans Administration prior to such development.  It either the Federal Housing Administration or the Veterans Administration determines that such detailed plans are not in accordance with the general plan on file and either agency so advises the Association and the Declarant,  the increase of membership in this Homeowners Association by annexation of the townhouse lands to be developed, must have the assent of more than two‑third (2/3) of the Class A members of the Homeowners Association who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than ten (10) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting.  At this meeting, the presence of members or of proxies entitled to Cast sixty percent (60%) of all the votes of the Class A membership of the Homeowners Association shall constitute a quorum.  If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement act forth above, and the required quorum at‑such subsequent meeting shall be one‑half (1/2) of that required quorum &c the preceding stating. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.  In the event that more than two‑thirds (2/3) of the Class A membership of the Homeowners Association are not present in person or by proxy, members not present may give their written assent to the action taken thereat within thirty (30) days after the date of such meeting.

 

ARTICLE III

 

INCREASE IN MEMBERSHIP IN RECREATION ASSOCIATION BY ANNEXATION OF ADDITIONAL PROPERTIES

 

Section 1.       Increase in membership of the Recreation Association by annexation of additional property shall require the assent of more than two‑thirds (2/3) of the Class A members and more than two‑thirds (2/3) of the Class B members, if any. of the Recreation Association, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than ten (10) days nor more than fifty (50) 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 any be called subject to the notice requirement set forth above, and the required quorum at such subsequent meeting shall be one‑half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.  In the event that more than two‑thirds (2/3) of the Class A membership and more than two‑thirds (2/3) of the Class B membership of the Recreation Association are not present in person or by proxy, members not present may give their written assent to the action taken thereat within thirty (30) days after the date of the meeting.

Section 2.       If within five (5) years of the date of incorporation of this Association, the Declarant should develop additional single family or townhouse lands within the following described area located in the‑County of Fairfax, Virginia:

 

                        See Schedule C attached hereto and Incorporated herein by reference.

 

the increase in membership of the Recreation Association by the annexation of such single family or townhouse lands shall not require the assent of the Class A members in the Association, provided, however, that the development of such additional single family or townhouse lands described In this section shall be in accordance with a general plan submitted to the Federal Housing Administration and the Veterans Administration with che processing papers for the first section. Detailed plans for che development of additional single family or townhouse lands muse be submitted co che Federal Housing Administration and the Veterans Admtniscration prior to such development. If either the Federal HousIng Administration or the Vecerans Administration determines chat such detailed plans are not In accordance with the general plan on file and either agency so advises the Association and the Declarant, che Increase of membership in this Recreation Association by annexation of the additional single family or townhouse lands to be developed, must have the anaene of more than two‑third& (213) of the Class A members of the Recreation Association

 

ho are voting in person or by proxy at a meeting duly called for this purpose, written notice of which *hall be sent to all members not less than ten (10) days nor *ore than fifty (50) days In advance of the meeting setting forth the purpose of the meeting. At this meeting the presence of amber* or of proxies enticled co cast sixty percent (60%) of all the votes of the Class A membership of the Recreation Association 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 qurcum 4c ouch subsequent meeting shall be one‑h&lf (112) of the required quorum at the preceding meeting. No much subsequent meeting *hall be held more than sixty (60) day* follo~ring the preceding mee.ting. In the event that acre than two‑thirds (213) of the Class A membership of the Recreation Association are not present. in person or by prowy, members not present may give their written accent to the action taken thersat within thirty (30) days after the date of such mcating.

 

ARTICLE TV ~P.XSHIP

 

Section 1. Every person or entity ~ is a record ~nor of a fee or

undivtded fee incerest In~ any townhoune lot at 5MCCERRILL ~eh Is subject by

covenants ‑of record to a4f&e&4menti by the RPmeowners Association, including contract

wallers' shall be a member of the Sciae~ners Association The foregbinC to not

intended co include persons or entition who hold an Interest merely to security for

the performance of an obligation. No Owner shall have more than one membership in

 

che Association. Membership In che Association shall be appurtenant to and may noc be separated from ownership of any townhouae lot which 13 subject co access­zent by the AAi@ociscion. Ownership of such townhouse loc shall be the note qualification for membership.

 

Section 2. Every person or entity who Is a record owner of a fee or undivided fee Interest in any tow~dhoune lot or any single family lot at SUM4MILL which is subject by covenants of record to assessments by the Recreation Association. inclu din& contract sellers, &hall be a member of the Recreation Aissociation. The foregoing is noc Intended to include persons or entities who hold an Interest merely an security for the performance of an obligation. No ~er shall have more than ne (1) membership for one lot In the Association. Membership In the Association *h&ll be ppurteniant co and may noc be separated from the owne~ship of any townhouce lot. r any single family lot which Is subject to assessment by the Association.

 

ership of such co~uae lot or single family lot shall be che col* qualification for membership.

 

                        ARTICLE V

VOTING RIGHTS

 

Section 1. The Home~crc Association shall have two classes of voting ership:

 

Class A. Class A members *hall be all choice Owners as defined in

 

ticle IV, Section 1, vich the exception of the Declarant. Class A ~era shall

 

entitled co one voce for‑"eh townhouse lot in which they hold the Interest required for mamberchip by Article 1V, Section 1. When more than one person holds' cuch Interest in any townhousin lot. all such per&~ shall be members. The voce.fo such townhouse lot *hall be exercised as they ~ng themselves ditermine. but in no event *hall acre than one vote be cast with ~rcspcct‑co‑&ny townhouse lot.

 

Class 3. The CUss 3 member *hall be the Declarant. The Class 3 ~er

&hall be entitled co threa.0) votes for each co~uce lot in ~eh It'holdis che

Interest required for membership by. Article‑ 1V. Section                       Provtded the Clsiff 3

membership #hall cease and be emmertad to Class A membership cm the happening of

either of the foUo~g events, whichever occurs earlier:

 

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(4)                   when the total votes outstanding In the Class A

                        membership equals the total Outstanding votes in

                        the Clan& 3 membership; or

(b)                   on December 31, 1984.

 

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

 

Clans A. Clans A memberi shall be all those owners an defined in Article 1V, Section 2 with the exception of the Declarant. Class A members ahall be entitled to one vote for each aingle family or townhouse lot in which they hold the intereat required for membership by Article IV, Section 2. When more than one persons holds such interest in any single family or townhouse lot, all ouch persons shall be members. One vote for much single family or townhouse lot *hall he exercised an they own% themselves determine, but in no event *hall more than one vote be cant with respect to any single family or townhouse lot.

 

Class 3. The Clan* 5 =ember shall be the Declarant. The Class 3 member shall be entitled to three (3) votes for each single family or townhouse lot in which It holds the interest required for m~erchip by Article 1V. Section 2. provided that the Class 3 membership shall cease and be converted to Clan@ A aembership on the happening of either of the following events. whichever occurs earlier:

 

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

                        membership equals the total votes outstanding in

                        the Class 3 membership; or

(b)                   on December 31. 1984.

 

                        ARTICLE V1

PIMPERTY ILIG=5

 

Section 1. Members' Usements of Enjoyment.

 

(A) Every member of the Homeowners Association chiall. have..&‑‑ ri gh‑t and casement of enjoyment In and to the C~ Area, and such acs‑ment shell be appurtenant cc and shall peas with the title to every townhouse lot, subject to the following prcrvlaiozLn:

 

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jectio. 4.

 

(A) The Homeowners Aaaociacion shall have che power to dedicate. sell or transfer all or any part of the Common Area to any public authoricy. agency or utility for such purposes and subject to such conditions an may be agreed to by che members of che Homeowners Association. C‑No such dedication or transfer *hall be effective unless an instrument has been signed by =embers entitled co case more chan two‑thirds (213) of the votes of the entire Class A membership and more than two‑thirds (213) of the Class 3 membership, if any, of the Homeowners Association, agreeing co such dedication. sale or transfer.

 

                  (3) The Recreation Association shall have the power to dedicate. tell

or transfer all or any part of the Recreation Area to any public authority. agency

or utility for such purposes and sybject to such conditicme a*~y boiagreed to

by the members of the Recreation Association. No such dedication or transfer chal

be effeccive unless an instrument has been signed by members entitled to case Mora

chan two‑thirds (213) of thee votes of ~he entire Class A membership* and more_lb"

two‑thirds (21'3) of the Cliac 3 ambcrahip. li*any, of the Recreation Association.

agreeing to such dedication, sale or transfer.

                        ARTICLE VII

 

COVMU‑NT FOR MAINTEN1ANCE ASSESS~ 7`01 THE HOMEOWNERS ASSOCIATION

 

Section‑I. Creation glr the Lien and Personal Oblizatian.of Assessment

 

                        The Declarant, for each to~cuse lot owned within the Properties, &Ite

                        the construction of improvements (t~houces) has been completed, hereby covenants

&M each Owner of any to~uoc lot by acceeptance of 4 deed thereefor, whether or

act it shall be to expressed In any such dead.or othar convoyance, In decabd to

covenant and agree to pay to the Associationt (1) a=ual.adcccc~ta or charges,

and (2)           special assessments for capital improvements, such aniscommuto to be fix*

established. and collected from tt=4 to time to hereinafter provided. During the

period of construction of ‑Iaprovc~ntz (tmmhou&4*a), the Declaranc for each to"­

house lor'c%mcd within eh* P"perticii. hereby covenants and agrees to pay co th.*

Association# 712ty ?arcane  of the annual ancenumace or charges and special

                        astecamacs for capital improvements as provided Immediately hartinabove. on those

                        townhouse lots owned by the Declarant ~eh are vacant or superimposed by an unsol

 

r unoccupied home as long an there 13 A Class B membership. The annual assess­

ncs and special assessments, together with such interest thereon and coats of

 

ollection thereof, as hereinafter provided, shall be a charge on the land and hall be a continuing lien upon the property againat which each such assessmenc L; de. Each such assessment together with such interest, costs and reasonable ctorney's fee shall also be the personal obligation of the person who was the er of such property at the time when the assessment fell due. The personal

 

bligacton shell not pass to hia successors in title unless expressly assumed by em.

 

Section 2. Purpose of Assessments. The assessments levied by the sociAtion shall h.* used exclusively for the purpose of promoting the recreation. lth. safety and welfare of the cownhouse residents in the Properties and in rticul&r for the improvemeat and maintenance of the ?ropertlea. services and cilities devoted to this purpose and related to the use and enjoyment of the n Area, and of chee homes situated upon che townhouse lots in the Properties. luding trash service. snow r~al and mainrenance of all properties noc dicaced.

 

Section 3. Determination of Acaoc.lation Expgn"g_ and Assessments Inst Loc Owners.

 

(A) Plocal"Year. The flAcal year of the Association @hall consist‑of he twelve month period cc‑encing on January lac of teeh year and terminating on ecember 31sc of the emu year. or &a the *~4 may be _changed hereafter by the rd of Directors of the Aaccciztion.

 

(3) Prefflantion and Approval of Budget. Each yc&r. on or before the irst day of the flAcal year of the Aa~l&ticm, the Board of Directors *hall adopt budget for the Assoclatione coiatain:L1;4 an entimata of cha total. amount ~eh it onsiders necessary to pay the coat of maintaining the co~ greens. che perking reas and the priviLt4‑ ro4d&; the r"l cat&ta texas levied agaizmt the Association*. c. coat of wages, aatcri&1A. insurance prentiums. services. suppli" and, ‑other

 

enses ~cb viU be i=urred during the ensuing fiscal yeat for the adainistrat:LOZL cration. maintanance and repair of the Commeez A~ The budget may also Include:

 

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(L)                   Any amount necessary to discharge any lien or encumbrance levied a;ainat che A3sociation property. or any portion chercoe; and

 

( il) Such reasonable amounts as the Board of Directors considers necesaary to provide working funds for che Aasoclacton, a general operating reserve And reserjes for contingencies and replacements.

 

C. Assessment and Payment of Association Expenses. The tocal amount of the eactz&ced funds required for the operation of the Common Are& sec forth in the budget for the fiscal year adopted by che Board of Directors shall be aasesaed againsc each cownhouse Loc owner equally after che completion of construction of Improvements (residential dwellings). During the period of construction of Improvements (residentla, dwellings), townhouse Lots owned by the Declarant shall be isseAsed &c a rate equal to fifty percent (50%) of the assessment levied against Lot owners other than the Declarant.

 

0. Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt the Annual budget for any fiscal year sh.all not constitute 4 waiver or release in any manner of a Lot owner's obligation co pay his allocable chart of the Association expenses as herein provided. Whenever the came shell be determined. and In the absence of an annual budget or adjusted budget, "eh townhouse Lot owner shall continue to pay the monthly charge at the then existing sonchly rate established for the previous fiscal period until the new annual or Adjusted budget shall have been m&ilod or delivered;

 

              Section 4. Special Assessments for C5Pttal Improve=ents. In addition to

the annual assessments authorized &boy*, the Association may lavy In say Annessawnr

year a special assessment applicable to th&t year only for the purpose of defraying

In ~I* or In part. the cost of any construction or reconstruction, unexpectid repair

or repl£cmcac of a capital improvc~.c upon the        n Area, Including the necessary

fixtures and personal property related thereto, Provtded thar, any such assessment

&hall have the accent of mart than two‑third 213) of the votes of ateh, class

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of members who are voting in person or by proxy at a meeting dull called. for this purpose. written notice of which shall be sent to all ~era noc lens than thirty (30) days nor more than sixty (60) days In advance of the meeting saccing forth the purpose of the meeting.

 

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Seecton 5. Uniform Rate of Assessment. Except as is otherwise provided for erein in regard to townhouse Lots owned by the Declarant during the period Of con­struccion of improvements (residential dwellings). both annual and special assessments use be fixed &c a uniform race for all cownhouse lots, and may be collected on 4 uarcerly basia or any other basin established by the Board of Directors.

 

‑Section 6. Date of Commencement of Annual Anaessments: Due Dates.

 

   c annual acaeasments provided for herein shall commence as to all cownhouee 16ca

n the first day of the monch following the conveyance of the Common Area for S~RHILL,

     INE ONE. The first Annual assessmenc *hall be adjusted according to the number of

 

ntha remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment againat each townhouae lot &c lease thirty (30) days in advance of each annual assessment period. WrItten notice of the annual assessment shall be sent to each Owner subject thereto. The due dates shall be entabliahed by the Board of Directors. The Aaacciation shall upon demand. at any time, furnish a certificate in writing signed by an officer of the Asacci&tion setting forth whether the Asaeasments on a specified rownhouse lot have been paid. A reasonable charge may be made by the Board for the issuance of such certificate. Such certificate shall be conclusive evidence of payment of any assessment therein etaced to have been paid.

 

Section 7. Effect of Norf‑Payment of Assessments: Remedies‑ of the when due shall b4a.delinqueur. If

Association, Any assessments vhich‑are not paid the assessment in not paid vichla thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency At the highest lavi=l rate_ permitted, and the Association nay bring an action at law against the Owner personally obligated to pay the *=m. In such action 4t lav. the Association shall be entitled to Interest, cone* and reasonable attorney's fees in addition to the dclinquebt assessment. No Owner may waive or ocharwice escape liability for the &&casements provided for hercia by.‑ncn‑ucc of che Common Area or abando=mnt of his tcnmhouse Lac.

 

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Section 8. Subord‑inatton of the Lien to Mortgages or Deeds of Tru3c. The lien of the assessments provided for herein shall be subordtnace to the lien Of any first worcgage or deed of cruat. Sale or transfer of any townhouae Lot shall not affect che assessment lien. However, the sale or transfer of any cownhouse lot which to sub~ect to any first mortgage or deed of trust. purauanc to & decree of foreclosure under such mortgage or deed of trust, or iny proceeding in lieu of foreclosure thereof. Chall extinguish the lien of such assessments as to payments thereof which became due prior co such sale or transfer. No tale or transfer shall relieve such townhouee lot from liability for any assessments thereafter becoming due or from che lien thereof.

 

Section 9. Exempt Property. The following property subject to chis Declaration shall be exempt from the &&tenements created herein: (5) the Commion Aica; (b) &11 the properties dedicated to And accepted by a local public 4uchority. ARTICLE VIII.

 

COVM(A.NT FOR MAINTENANCE ASSESSMENTS ?OR THE RECREATION ASSOCIATION

 

Section 1. Creation of the Lien and Personal Obligation of Assessments.

The Declarant, for eAch townhouse Lot and single family Lot owned within the Properties,

after :he construction of improvements (residential dwellings) has been completed.

hereby covenants and each Owner of any townhoune Lot or single family Lot by acceptance

of a deed therefor, whether or not it shall 13* so expressed In any ouch deed or other

convey*=*, is deemed to cavenanc and ‑agree to pay to the AssociAtion:‑ ~M annual

assessments or charges, and (2) opeciAl assessments for capital Improvements, such

&asecaaents to be fixed. established and collected from time to time as hereinabove

provided. During the period of construction of improvements (residential dwellings) ,

the Declarant for eAch townhouse lot &ad each single faaUY 1PC a~ vichin the

Properties, hereby covenants and agree* to pay to the Association fifty percent

(50%) of the Annual                 or charges and special assessments for capital

 

improvements as provided Immediately harcinabove, on those t~cuaa lots and single family lac& ~ad by the Declarant which art vacant or supcr~ccd by an unsold or'unoccupled. hcm4a so loot to there to a Class 3 aambership. The Annual Assessments and opeci&l Assessments, together with such interact therecia and costa of collection thereof, an herainabove provided, shall be a charge on the land and *hall be a

 

coutinutag lien upon the townhouse lot or single fwally lot Aga£ast which ‑each such Assessment is made. Each such assessment, together with such

 

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interest. costs and reasonable attorney's fees shall alao be the personal obligation of the person who van the owner Of such property at the time when the assessment became due. The personal obligation ahall not pasa to his successors In title

 

unless expressly assumed by them.

 

Section 2. Purpose of Anoesaments. The assessments levied by the Recreation Ascociacion &hall be used exclualvely for the purpoac of managing. maintaining. preaerving and operating the tennia courts and other facilities contained Vichin the Recreation Area. for che benefit and enjoyment of the owners of single family lots And cownhouse lot* loc*ted on the Properties..

 

Section 3. Determination of Aasociation Expenses and Assessments Against Lot Owners.

 

A. Fiscal Year. The fiscal Year of thn Association sh411 consist of the twelve month period commencing on January lac of each year and terminating on December 319c of the same yeiar. or to the same may be changed hereafter by the Board of Directors of the Association.

 

3. Preparation and Approval of Budgec. Zach year, on or before the firec day of the fiscal year of the Association. the Board of Directors @hall adopt a budget for che Association, containIng an ent:bmte of the total amount which it considers necessary to pay the coat of operating and maincaining the tennis court*. and other recreational facilities; the real estate taxes levied against the Asmaciacion; :he cosc of wages, materials. insurance premiums, services, supplies and other expenses ~ch will be Incurred during the ensuing fiscal year for the a"iniztraciola. operation. mainccuA=e and repair o£ the lacreation Art&. The budget sAy also include:

 

(L) any imunt necessary to discharge any lion or cn~ra=a levied against the Aasociacica property, or Any portion thereof‑ and

 

(1.0                 such reasonable amunts me che Board of Directors considers necessary to provide working f und& for the Association, a general operating_reocrvc And reserves for concingencl.d& AM rapl&CC"Uts.

 

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C. A3acsement and Payment of Association Exeense!l. The cocal amount of the escLmaced funds required for che operacton of the Recreation facilities set forth In che budget for the flacal year adopted by the Board of Directors shall be assessed against each Loc owner equally after the completion of conscruccton of Improvements (residenct&l dwellings). During the peiriod of construction of Improvement& (residential dwellings), Lots owned by the Declarant *hall be assessed at a rate equal to fifty percenc (30%) of the assessment levied against Lot owners other than the Declarant.

 

0. Effect of Failure to Prepare or Adopt Budget. The failure or delay of the board of Directors to prepare or adopt the annual budget for any fiscal year shall not conaticute a waiver or release to any manner of a L4c o"er's obligation to pay his allocable chart of che Aassociation expenses an herein provided. When­ever the same shall be determined, #nd tn the absence of an annual budget or adjusted budget, each Lot owner *hall continue to pay the monthly charges at the then existing anachly race established for the previous fiscal period uncil the acw annual or adjusted budget shall have been mailed or delivered.

 

Seccion 4. Special Assessments for Caottal Improvements.In addition to

the annual assessments authorized above, che Association may levy in any assessment

year a special assessment applicable to that year only for che purpose of defraying

in whole or in part, the cost of any construction or reconstruct ion, unexpected

repair or replac.emenc of a capital improvement upon the          Area, including

the necessary fixtures and personal property related thereto, irrovided char any such

assessment shall hAve the accent of mar* than two‑thirds (213) of‑thc votes‑of each

cl~ of ~era who are voting in person or by proxy at a *acting duly called for this

purpose. vritten notice of whIch shall be cent to all members not lone than thirry

(30) day* nor more than sixty (60) day* In advance of the setting setting forth the

purpose of the meeting.

 

Section 5. Uniform late of Asse;sment. Zxcept an in otherwise provided for herein in regard to L4ca o%mcd by the Declarant during the period of construction of improvements (residential dwellings). both annu41 and special ansdaments muct be fixed at a uniform rat& for‑ tU lots. and may be c*Uectcd_cm a monthly

 

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Section 6. Date Of Commencement of Annual Aasessinenes: Due Dates. The annual assessments provided for herein shall cotmence as to 411 single family and cownhouse lots on the first day of the month following the conveyance of the Recreation Area for SLIMXHILL. The first annual assesament shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors @hall fix the amoune 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 each Owner subject thereto. The due dates shall be established by the Board of Directors. The Association chall upon demand. 4c any time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on & specified lot have been paid. A reasonable charge may be made by the Board for the iA&u&nr‑e of such certificate. Such certificate *hall be conclusive evidence of payment of any assessment therein stated to have been paid.

 

Section Z. Effect of Non‑Payment of Assessments: Remedies of the Association. Any assessments ~eh are not paid when due shall be delinquent. It the assessment to not paid within thirty (30) days after the due date, the access­sent shall bear Interest from the date of delinquency at the highest lawful race permitted, and the Aasoclaclon may bcing an accion at law against the Owner person­ally obligated to pay the came. In auch action at law, the Association‑ *hall be entitled to Interest, costs and reasonable attorney's fees in addition to the delinquent casessment. No owner mAy waive or otherwise escape liability for the asaecmmnca provided for herein by non‑use of Che laer"cion Area or abandonment of his Lot.

 

              Section 8. Subordination of the Lien to Mort"zec or Deeds of Trust. The

lien of the assecomenct provided for herein shall be subordinated to tha lien of any

first mortgage or deed of trumt. Sale or transfer of any 14t shall not affect the

assessment lien. However, the "Is or transfer of any Ut,which La subject to Any

,first mortgage or d"d of trust. pursuant. to a deer** ‑of foreclosure under such

mort . sase, or deed of trust. or _any proceeding in lieu of foreclosure thereof.

 

exctnguish che lien of such asses3tnencs as co payments therefor which became due prior co such aale or transfer. No sale or transfer ahall relieve auch Lot from liability for aasessmenes thereafter becoming due or from the lien thereof.

 

              Section 9. Exempt Propercy. The following property subject co chis

Declaration *hall be exempt from the assessments created herein: (a) the Recreation

Area; (b) all the properties dedicated to and accepted by a local public authority.

                        ARTICLE IX

                        ?ARTY 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 prpperties And placed on che dividing line between the t~house lots shall conscituce.a party well. and. to the extent not inconsistent with*the provisions of this Article, the general rules of law regarding party wall and liability for property dmage due to negligence or willful &cc& or omicatons @hall apply thereto.

 

Section 2. Sharing of Repair and Maintenance.‑ The coat of reasonable repair and maincenAnce of a parcy wall shall be shared by the Owners who make use of the wall in proportion to such use.

 

Section 3. Destruction by ?ire or Other Casualty. If a party wall in destroyed or damaged by fire or other camu&1t7, any Owner who has used the wall aay restore 1c, and if‑che other Owners thereafter tmke . use of the wall, they @hall concribuce to the conc of restoration thereof in proportion to such use without prejudice, however. to the right of any such Owners to cAll for a: larger ‑contribution from the others under any rule of law regarding liability for negligajnt or willful Act& or calations.

 

Section 4. Weatheri)roofing. ~otwithotandin &lay other provision of this

an Owner ~ by his negligent or viliful acts cAuses the party wall to

be exposed to the elc"utz shall bear the whole cant of furnishing the necessary