DECLARATION OF
PROTECTIVE RESTRICTIONS AND COVENANTS
OF THE
LAKESHORE WOODS SUBDIVISION
 
 

ARTICLE I.  APPLICABILITY AND PURPOSE

A.    All the lots and common areas of the Lakeshore Woods Subdivision, in the Cuckoo Magisterial District, County of Louisa, Commonwealth of Virginia (as shown in the Subdivision plats of survey and maps, made by James H. Bell, P.C., P.L.S., and recorded in the land records of the County of Louisa in plat book 8, pages 93, 94, and 129, October, 1987) are subject to all the provisions of these protective restrictions and covenants.  These protective restrictions and covenants shall be deemed to run with the land and shall apply to all current and successor landowners and residents for their mutual protection and benefit. 

B.    Strong restrictions protect the landowner's investment and rights to an expected environment and quality of life.  The provisions of this Declaration of Protective Restrictions and Covenants have been constructed to provide such protection.  They have been designed with the thought that the landowners would like to be a part of a community with a balance 1) between the rights of each individual lot owner to enjoy his property and privacy and the similar rights of his neighboring lot owners, individually and collectively, and 2) between a peaceful and wooded environment with single family residences and a lakeshore recreational environment.
 

ARTICLE II.     HOUSING

A.    Single family residential use.    Housing on Subdivision lots is specifically restricted to single family, private dwellings (i.e., houses designed for occupancy by one family on each lot) for residential use.

B.    Mobile homes.    Under NO circumstances shall mobile homes, mobile houses, travel trailers, motor homes, camper units, tents or any other form of temporary living quarters (including portions of residences such as basements of homes to be constructed) be placed, maintained or occupied on any lot.  This restriction does not prohibit the not-for-profit parking of a limited number of unoccupied self-propelled motor homes, travel trailers, pop-up campers with the wheels affixed, boats, or boat trailers in the parking areas adjacent to single family homes for which an occupancy permit has been issued by the local housing authority.  This restriction shall not apply to tents or campers used for temporary recreational purposes on lots with completed homes for which an occupancy permit has been issued by the local housing authority.

C.    Outbuildings.    NO temporary or other outbuildings of any sort shall be placed on any lot, except those approved under Article III below.  However, the Environmental Control Committee (ECC) of the Lakeshore Woods Association may grant permission for any temporary structure for storage of materials during construction; but such permission must be in writing and include a specific date as to when the storage facility must be removed.  Under no circumstance shall an approval of such temporary structures be approved at any time for dwelling purposes.

D.    Square footage requirements.  The square footage requirements for housing constructed on any lot shall be as follows:

    1.  WATERFRONT LOTS (i.e., lots whose land abuts the shoreline of Lake Anna--specifically, platted lots numbered 8, 9, 10, 11, 23, 24, 25, 33, 34, 35, 36, 37, 38):
                             * Lot 11 added by majority vote of the Members of the Lakeshore Woods Association
                       with this amended Declaration.

            Housing shall not be less than 1,400 square feet of heated, ground-floor living area (exclusive of
            open porches, patios, decks, breezeways, basements, and garages).  The ground floor is
            defined as the first floor of the residence which is fully above the ground level.  Each residence
            shall have a minimum of 800 square feet of attached decking made of treated lumber which will
            be on at least two sides of the residence.

    2.  ACCESS, NON-WATERFRONT LOTS (i.e., lots whose land does NOT abut the shoreline of Lake Anna):

Housing shall not be less than 1,000 square feet of heated, ground-floor living area (exclusive of
open porches, patios, decks, breezeways, basements, and garages).  Each residence shall have
a minimum of 400 square feet of attached decking made of treated lumber.

    3.  The decking requirement may be substituted, in whole or in part, with patios when the surface of such patios are surfaced in brick, stone, tile, or design pressed concrete.  Under no circumstance shall unsurfaced concrete be approved in lieu of this requirement.

 E.    Height and design.  No structure shall be more than two stories tall, not counting the basement or partially-below-ground level, nor more than 36 feet in height above the basement or partially-below-ground level.  Housing shall be of a "modern or contemporary" design.  Geodesic and other domes and free form foam houses are prohibited.  The ground floor (defined as in II.D.l. above) shall be designed as living space rather than primarily for storage or as a garage.  All approved  structures must have a minimum 5/12 roof pitch in the main roof, although the ECC in its discretion may allow a flatter pitch in dormers or other small roof sections if the architectural result overall is compatible with community standards.  All dwelling houses shall be connected to an approved water supply and septic system.  Any form or type of outhouses are specifically prohibited on any lot excepting during construction of residences.

F.    Materials and colors.  All structures must be of substantial construction, and exterior treatments must be of natural wood siding, stone, or brick.  Exterior colors shall be specifically limited to browns and browntones, grays and graytones, tans and cream colors.  All structures shall contain a substantial quantity of new materials, and no used structures shall be relocated or placed on any lot.  The ECC may in its discretion allow for some variations in design, materials, or colors to accommodate advances in technology or environmental factors, if there is an upgrade in quality thereby and as long as the structure is in substantial overall compliance.

G.    Other structures and antennas.  No outbuildings or other structures are permitted, unless a house is first built on the lot.  Any such outbuilding or structures must conform to the structure and design of the existing house and other buildings on the lot and meet the same requirements as to materials, color, and setbacks.  Outbuildings and structures require plans to be submitted to and the prior written approval of the ECC to preserve the natural appearance and quality of the Subdivision.  Similarly, owners must submit plans to the ECC and obtain prior written approval for the installation of any radio, television, or other electronic signal sending or receiving equipment located outside or on a building or structure and greater than two feet in length or diameter.  However, roof television antennas under twelve feet in length may be installed without requesting such approval.  The ECC shall NOT approve any such plans unless they meet all requirements for the installation of antennas and reception dishes passed by two-thirds or more of the full Board of Directors.  Large antennas and reception dishes are incompatible with the natural appearance and quality of the Subdivision; it is expected that telecommunications should occur through telephone lines or cable television or wireless systems when available.  The establishment by the Board of a Subdivision telecommunications reception or sending system, including antennas and dishes, is allowed.

H.    Setbacks.  Any structure approved and erected or placed on any lot shall be set back at least sixty (60) feet from the front road easement line, at least twenty five (25) feet from the rear lot line, and at least fifteen (15) feet from each side lot line, unless the ECC allows variances and adjustments in order to overcome practical difficulties.  Under all circumstances any structure must first be approved by the local government officials having jurisdiction, and a building permit must be issued by such officials prior to the start of construction.  No dwelling shall be occupied at any time until such time as a valid Occupancy Permit has been issued by the local government officials having jurisdiction.

I.    Fences and screening.  The use of stockade, picket, wire, and chainlink fencing is strictly prohibited.  The installation of fencing shall first be approved by the ECC, and such approval shall be limited to such design and material as is conducive to the appearance and natural quality of the community environment.  All outside clothes poles, clothes lines and similar equipment, and every structure for the storage of fuel installed outside any building (if not buried below the ground surface) shall be appropriately screened by shrubbery so as not to be visible from any street, roadway, or neighboring property.

J.    Model homes.  No model or exhibit house shall be erected on any platted lot, nor shall the owner of any lot or his agent permit the use of his residence or house as such.

 

ARTICLE III.  CONSTRUCTION

A.    No structure or building of any kind or construction of any sort, including any excavation of the natural soil surface, shall be placed or permitted upon any lot unless and until plans and specifications giving description of same shall have been submitted in duplicate to, and approved in writing by, the Environmental Control Committee (ECC) of the Lakeshore Woods Association.  Excavation means any disturbance of existing soils.  Plans shall include a site plan detailing location of proposed structures (with setback distances to the sides of the lot), fences, driveways, well, and septic system.   Plans shall also include construction plans with specifications for any structure, plus interior and exterior elevations, exterior materials, exterior color selections, and excavating plans.  One set of plans shall be retained by the ECC, and one set shall be returned to the lot Owner.  The lot owners shall also provide such other information that the ECC determines it needs to insure that all the relevant requirements of this Declaration of Protective Restrictions and Covenants have been met.

B.    Under no circumstance shall construction or excavation of any kind commence until such time as an appropriate driveway entrance culvert, meeting state specifications, and a minimum three (3) inch gravel base driveway extending a minimum of sixty (60) feet from the nearest edge of the road adjacent to the property are installed.  Once installed, the lot owner shall be responsible for maintaining the driveway, even though it may extend onto common area property; likewise, the lot owner shall be responsible for maintaining the culvert and insuring it does not restrict the flow of drainage water.

C.    The exterior of all structures must be completed within 9 months after start of construction or alteration.  All construction sites must be kept reasonably clear of construction debris during construction.  Upon completion of all site excavation, disturbed soils shall be properly graded, fertilized and seeded within 20 calendar days or covered with mulch or otherwise prepared.  The ECC may in its discretion approve an extension of any time limit.

D.    For each numbered waterfront lot, the excavation or dredging of surface soils or underwater soils, or the installation of docks or bulkheading, shall first be approved by the ECC.  Any alteration of the waterfront easement or shoreline, inclusive of dredging, and installation of docks and bulkheads must thereafter be approved under prescribed application by the Virginia Power Company prior to commencement of construction.

E.    Each numbered access lot may be assigned a boat slip in the community dock area.  Any alteration of an assigned slip, including the installation of electric service and water, is strictly prohibited, without the prior written approval of the ECC so as to assure consistency in design, placement, and color and to assure compatibility with Lakeshore Woods Association budgets, schedules of maintenance, and liability insurance.

 

ARTICLE IV.  ACTIVITIES AND RESTRICTIONS

A.    Commercial Activities.  No commercial or business enterprises shall be allowed on any platted residential lot, other than arts, crafts, or professions operated and conducted solely by family members occupying the residence and only when such product or service is not distributed to customers at the operator's residence or within the Subdivision.  However, this restriction shall not apply to baby sitting, day care, or schooling given primarily to children of lot owners in the Subdivision.  No heavy equipment, large vehicles, or material supplies used in industry or for commercial activities shall be regularly parked or stored on any lot.  Signs or other indicia of permitted commercial activity shall not be visible from the roadway or neighboring lots.

B.    Vehicles.  No vehicle of any type shall be regularly parked on any common area roadway in the Subdivision.  Each lot owner shall construct and maintain suitable and adequate parking space on his property for the parking of his vehicles and those of his guests.  Any truck larger than three-quarter (3/4) ton, and all unoccupied camping trailers, motor homes, and mobile camping units parked in the driveways or parking areas adjacent to the residence be kept reasonably out of sight of residences which have been constructed on adjacent lots and the users of nearby roadways, except those vehicles used during the period of construction.  Stripped down, partially wrecked, inoperable, or junk motor vehicles of any kind, or parts thereof, are strictly prohibited in the Subdivision.  Any inoperable vehicle parked or placed on any lot or roadway must be removed within forty-eight (48) hours of notice by the Association.  Failure to comply after notice may result in the Association having such vehicle removed and charging the owner the cost for such service.  The collection of costs from the lot owner by the Association shall be by direct billing.  Failure of the owner to pay the billed amount within thirty (30) days shall make the owner's payment delinquent, which shall be treated as in Article VII-E.

C.    Camping.  Camping of any sort is strictly prohibited in this community, except on a lot on which a house has been built and approved for occupancy and with the permission of the owner of that lot.  Camping under this exception shall only be recreational camping of not more than a two week duration.  Campers must exhibit good order and conform to the restrictions on activities listed in this Article.

D.    Garbage.  All garbage must be kept in covered containers and so placed or screened as not to be visible from any nearby roadway, and it must be disposed of in accordance with County ordinances and these rules and restrictions.

E.    Lot maintenance.  All lots shall at all times be maintained in such manner as to prevent them from being unsightly because of unattractive growth or vegetation or the accumulation of rubbish or debris thereon.  Lots shall be kept in their natural state or in a residential manner; they shall not be used regularly for the storage of non-residential materials or supplies.  All grass shall be cut and maintained to prevent its beings overgrown or unsightly and to prevent erosion.  Should any lot owner fail to maintain the improvements or premises situated on the lot in a manner consistent with these restrictions and rules adopted by the Board of Directors, the owner shall receive written notice requesting full compliance and corrective action within 72 hours of receipt.  If having received said notice, the owner fails to comply or provide written proof of contractual arrangements to have the condition remedied within a reasonable and specified time period, the Association shall have the full authority, through its agents or officers, to enter upon the premises and repair, maintain, and restore the property and improvements thereon.  Such entry shall not be considered a trespass.  The full cost of such repairs or maintenance by the Association shall be levied upon the owner and lot, shall be payable within thirty (30) days, and shall constitute a lien on the property until all associated costs are paid in full; the delinquent payment provisions of Article VII-E shall apply.

F.    Trees.  No living tree measuring six (6) inches or more in diameter may be cut or removed without the express written approval of the ECC, unless located within twenty (20) feet of the approved site of the main dwelling or accessory buildings.

G.    Pets and animals.  The breeding and keeping of any domesticated animal or wild animal on any lot, or within any residence, shall be strictly prohibited.  This restriction shall not apply to dogs, cats, or other small domestic animals that are kept as ordinary household pets and of a quiet and inoffensive nature.  However, pets shall not be kept on a commercial basis.  All pets shall be on a leash or otherwise under strict control whenever they are in the common areas or off the lot of their owner and within the Subdivision.  Owners shall clean up after their pets so as not to leave excrement within the Subdivision.  Owners shall be required to insure that their pets do not create a nuisance such as through continuous barking or threatening behavior.  Any pet or animal may be required, ten days after notice is given to the lot owner in charge of the pet or animal, to be removed from the Subdivision if found by its nature or habitual behavior to be in violation of this paragraph.

H.    Vehicle use.  No motor vehicles of any kind, licensed or unlicensed, registered or unregistered, including motor bikes, snow mobiles, and all terrain vehicles, shall be permitted on any common areas except roadways, unless such areas have been specifically marked as designated and authorized for such use by the Association.  No motor vehicles shall be operated for primarily recreational purposes on any platted lot or common area so as to cause a nuisance due to excessive noise or to be a hazard to others.

I.    Signs.  No permanent sign of any nature whatsoever shall be permitted on any platted residential lot, except for an owner’s name and/or address sign not exceeding twelve (12) inches in height and forty (40) inches in length.  No signs advertising the lot for sale or rent are permitted that exceed two (2) feet by three (3) feet in size.  Sale or rental signs must be removed within forty-eight (48) hours after settlement or signature on a rental agreement.  No commercial signs shall be placed in the common areas unless approved in writing by the Association.

J.    Hunting and weapons.  Hunting is strictly prohibited in the Subdivision.  No use of rifles, shotguns, handguns, or other, firearms or inherent weapons of violence of any type shall be permitted in the Subdivision, except within an owner’s residence, lot, or vehicle for protection or harmless purposes such as for decor or in collections. No target practice with such weapons shall be allowed within the Subdivision.

K.    Fires.  No open fires shall be permitted on any part of any lot, except in outdoor fire places equipped with fire screens or in strict accordance with Louisa County laws and regulations.  All fireplaces in dwellings must be equipped with fire screens, and at least 1 household chemical-type fire extinguisher must be stored and available in each dwelling for emergency purposes.

L.    Mining operations.  No oil or natural gas drilling, refining, quarrying, or mining operations of any kind shall be permitted upon or within the boundaries of any lot or common areas; no derrick or other structure designed for use in boring for oil or natural gas shall be erected, stored, maintained or permitted on any lot or common area within this Subdivision.

M.    Nuisances.  No illegal, excessively rowdy, noxious or offensive activities shall be carried on in any lot, or permitted to be carried on, nor shall anything be done on any lot that shall be or become an unreasonable annoyance or nuisance to the residents and owners in the Subdivision.

N.    Transfer of ownership.  In the event of resale or transfer of ownership, of any lot or residence within the Subdivision, the buyer or his agent shall immediately notify the Secretary of the Association of such sale or transfer, providing the date of sale, to whom the property was sold or transferred, and the mailing address and telephone number of the new owner.  Members shall at all times notify the Secretary of the Association of all changes in their address and phone numbers within two weeks of any change.  The buyer shall in all cases be responsible for all assessments or dues unpaid by the seller prior to sale or transfer of ownership and to see that the seller delivers to the buyer any gate access cards, passes, or other identification issued by the Association.

 

ARTICLE V. LAND RIGHTS

A.    No platted lot may be subdivided or easements granted without the express written approval of the Lakeshore Woods Association.  If two or more adjoining lots are acquired by the same owner or any portions of any lots are conveyed, such conveyances shall not affect the validity of any restrictions, violations, or assessments due on such lots.  The purchaser and the seller shall remain jointly and severally liable for any violations and for all assessments due on the lot at the time of the conveyance. Any subdivision or combining of lots shall not change the total amount due in dues or assessments from the lots.

B.    The Lakeshore Woods Association reserves the right to extend roadways on the common areas should in its sole judgment the need arise.  The Association reserves the right to dedicate the roads to the Commonwealth of Virginia at any time, with the state's approval and acceptance.  Further, the Association reserves the right to enter into agreements with other recreational subdivisions and clubs for the mutual exchange of rights and privileges to use easements and recreational facilities and amenities.

C.    The Association reserves a perpetual, alienable, releasable, and assignable easement upon all lots and common areas for the erection, maintenance, installation, and use of public utilities and drainage for the protection and appearance of property and the safety and health of the property owners, reserving to the Association, through the Board of Directors, the sole right to convey the rights hereby reserved.

D.    For the benefit and enjoyment of all lot owners and the Association, the Association reserves unto itself, its successors or assigns, a fifteen (15) foot easement on all rear lot lines and a ten (10) foot easement on all side lot lines for the installation of utilities and protection of the property owners.

 

ARTICLE VI.  MEMBERSHIP IN THE LAKESHORE WOODS ASSOCIATION

A.    Membership in the Lakeshore Woods Association is mandatory for all persons or entities owning a numbered lot in the Subdivision.  Membership shall not be mandatory for the Association itself, with respect to such property that it owns within the Subdivision.  An owner is any person(s) or legal entity who holds fee simple title to a lot.  A legal entity must designate in writing to the Secretary of the Association an individual who shall act as a member in its name.  Where there are multiple owners of a lot, such owners may designate in writing to the Secretary of the Association an individual who shall have the right to vote for the lot.  Where there are multiple owners of a lot, the Association shall have the right to rely on the representations of one of the owners at a meeting that that individual speaks for all the owners of a lot, unless the Association has evidence to the contrary.  Nonetheless, when signatures are required, all the multiple owners of a lot must sign for the signatures to be valid unless the multiple owners have previously designated a single individual to vote or sign for them.  There shall be only two (2) votes which may be cast from each lot in Association affairs, regardless of the number of persons who may have an ownership interest in the lot.  Voting shall be permitted at a meeting or by mail ballot, ratification, consent, or proxy.

B.    If not otherwise a member, associate members are individuals in the family of a member and who share the same principal residence or use the Subdivision home of the member as their principal residence.  Associate members shall have a license to use the common areas of the Association subject to the provisions of the Declaration of Protective Restrictions and Covenants of the Subdivision and subject to such other rules and conditions as may be established by the Board of Directors.  Associate members shall have no right to vote or to notice of meetings of the Association.  The other privileges and duties of associate members shall be established from time to time by the Board of Directors.  The privileges and duties of associate members need not be the same as those of members.  Neither renters, nor guests, nor owners or employees of a legal entity which holds fee simple title to a lot shall be associate members.

C.    Members shall have a license to use the common areas of the Association subject to the provisions of the Declaration of Protective Restrictions and Covenants of the Subdivision and subject to such other rules and conditions as may be established by the Board of Directors.  Exclusive of roadways and easements, the common areas are contained within the Beach and Boat Dock area as noted in the plat at book 8, page 94 in the land records of Louisa County.  These common areas include the beach, the boat docks and ramp, the pavilion, boardwalk, associated parking spaces, and grass covered sections.  Members have the right to run for election as a Director or for an Association office, to receive notice of meetings, to vote in elections, to inspect the Association records, and otherwise participate in the affairs of the Association in accordance with the Association’s Declaration of Protective Restrictions and Covenants, By-Laws, Articles of Incorporation, and the laws of the Commonwealth of Virginia.

D.    The Board of Directors may suspend, for a period not to exceed the duration of the violation or sixty (60) days for a one-time violation, the privileges of members and associate members, including use of the common areas and voting, for: (1) failure to pay dues or assessments, (2) violation by members, associate members, their renters, or guests of the By-Laws, rules, or regulations of the Association, or (3) violation by members, associate members, their renters, or guests of the Declaration of Protective Restrictions and Covenants.  Such suspension shall begin after the Association gives written notice to the member or associate member.  Independent of any such suspension, the Board of Directors may pursue any other legal remedy which they deem appropriate to address such failures or violations, including the assessment of a charge following the procedures and limits set forth in the Virginia Property Owners' Association Act or as it may be amended.

E.    Members shall comply with the Declaration of Protective Restrictions and Covenants; pay all dues, assessments, and charges when due following the procedures adopted by the Board of Directors; and follow all rules and regulations adopted by the Board of Directors to govern the Association or for use of the common areas.  If a member, his tenants, or guests, damages a common area or property, the member shall be responsible for the cost of any resulting repair or replacement, which cost may be treated as an assessment.  When a member ceases to be an owner, such person's membership, and those memberships existing through relationships to such person, shall cease, but such person shall remain liable to the Association for all unpaid charges and assessments existing at the time of transfer of ownership.

 

ARTICLE VII. THE LAKESHORE WOODS ASSOCIATION

A.    The primary purpose of the Lakeshore Woods Association, through its members, directors, and officers, shall be to conduct the affairs of the Lakeshore Woods Subdivision, including the operation and the enforcement of the Subdivision Declaration of Protective Restrictions and Covenants.  In conducting the affairs of the Subdivision, the Association shall promote the common good, general welfare, quality of life, health, and safety of the members and the condition and value of their individual and common property.  The Association may be organized and operated to carry out any purposes derivative of or associated with the primary purpose or any other purposes not prohibited to it by law or inconsistent with the primary purpose.

B.    Dues and assessments are to pay for the costs of the maintenance and replacement of common area roads, recreational facilities, and amenities; for any improvements to them; for insurance; and generally for the costs of operating the Association.  The Association shall be responsible for the repair, maintenance, improvement, and replacement (if appropriate) of common area roadways, parks, boat docks, facilities, signs, recreational easements, and common area drainage easements reserved to the Association.  The Association shall also be the means for the promulgation and enforcement of all rules and regulations necessary to the governing of the use and enjoyment of such common area property, such other properties within the Subdivision as it may from time to time own, and the lots.  The powers and responsibilities of the Association shall be embodied in a Board of Directors, which shall consist of not less than three nor more than nine directors, who shall be elected by the members and operate under a set of By-Laws.

C.    The Association shall have all the powers that are set forth in this Declaration of Protective Restrictions and Covenants, its Articles of Incorporation, as approved by the State Corporation Commission of Virginia, and all other powers that belong to it by operation of law.  This includes, but is not limited to, the power to levy against the owner(s) of each lot a uniform annual charge, the amount of said charge to be determined by the Board of Directors of the Association after consideration of current maintenance and future needs and requirements of the Association, for the purposes set forth in its Articles of Incorporation.  However, no such charge shall ever be made against, or be payable by, the Association itself, or any corporation or corporations that may be created to acquire title to, and operate the amenities or other properties on behalf of the Association.

D.    The annual dues shall be uniform for each lot and set by the Board of Directors prior to the start of each calendar year.   Annual dues for each calendar year shall be due on a date set by the Board the prior year or listed in the By-Laws.  Dues may not be decreased below a level needed to provide for the maintenance and replacement of Association common areas and improvements, the payment of insurance premiums, and the basic operating costs of the Association.  The Board of Directors may levy special assessments for the purpose of defraying, in whole or in part, the cost of construction or reconstruction, unexpected repair or replacement for a described improvement upon the roads, parks, or other amenities.  Such special assessments may be charged monthly or in the annual dues.  A majority of the members voting at a meeting or by mail must approve a special assessment if the proposed assessment exceeds twenty percent (20%) of that year's annual budget and is only for the purpose of an improvement or an addition to the common areas, rather than repairs or mandates.

E.    Should any lot owner become delinquent in the payment of dues or assessments to the Association, such owner may be denied the use of Association facilities under written notice, until such time as the delinquency has been corrected.  Said lot owner shall at all times, however, have the right to access over the roads in the Subdivision to and from said owner's lot by the nearest route.  Such delinquent payment shall bear additional costs as follows: $10 late fee, or such other amount as is approved by resolution of the Board, if paid within one month of the due date; additional interest of 1% of the original amount due for each subsequent month the payment is delinquent or at the maximum legal rate on the amount due until paid, whichever is greater.  Upon nonpayment of any installment of an assessment or an agreed-to schedule of payments, the remaining installments may be accelerated.  Any delinquency shall constitute a lien on each lot to which the delinquency pertains and the personal obligation of the owners.  The lien shall cover and include the principal amount, the late fee and interest, reasonable attorney’s and collection fees, processing and mailing costs to the Association, and filing fees incurred in the collection and filing thereof.  Every such lien may be enforced by equitable foreclosure suit filed in the Circuit Court if Louisa County, Virginia, or other appropriate court, within 3 months after the date of delinquency.  The remedy of foreclosure is non-exclusive and the Association reserves all other remedies provided by law for the collection of the delinquencies.  Amounts unpaid at the time of conveyance of a lot shall be the joint and several liability of the seller and the purchase.  The written, dated statement of the Association that no delinquency exists on a lot as of a given date shall be conclusive evidence thereof.  The Board of Directors shall have and may delegate to the officer or agent collecting dues or assessments the power to adjust or forgive late charges, fees, costs, or interest in collecting delinquencies and to establish in advance grace periods for payments due.

 

ARTICLE VIII. THE BOARD OF DIRECTORS

A.    The Board of Directors shall have all the powers and duties necessary for the administration of the affairs of the Association and the Subdivision and may do all such acts and things which are not specifically required by law or the Association documents to be done by the members. The powers and duties of the Board shall include but not be limited to:

    1.    Accomplish the care, upkeep, repair, and replacement of the common areas and facilities for the Association.  The Board shall maintain insurance to protect the Association and the Board against liability claims.

    2.    Adopt a corporate seal as the seal of the Corporation.

    3.    Designate a banking institution or institutions as depository for the Association's funds and the officer or officers authorized to make withdrawals therefrom and to execute obligations on behalf of the Association.

    4.    Perform other acts, authority for which has been granted herein or by law, including the borrowing of money for Association purposes.  A resolution by the Board that the interests of the Association require that borrowing of money shall be sufficient evidence for any person that the borrowing is for a proper corporate purpose.  The Board may, if it determines that the same shall be reasonably necessary, assign, pledge, mortgage, or encumber any Association property as security for such borrowings, and they may pledge or assign future revenues of the Association as security therefor.

    5.    Adopt such rules and regulations relating to the use of Association common areas and property and owner's lots, and sanctions for noncompliance therewith, as it may deem reasonably necessary for the best interests of the Association and its members.  Members shall be informed in writing of any such rules and regulations adopted. The Board may also establish and levy reasonable fees for the use of Association property.

    6.    Cause the Association to employ sufficient personnel to adequately perform the responsibilities of the Association.

    7.    Set the date, time, and location for the annual meeting of the Association and adopt reasonable rules of order for the conduct of that and other meetings of the Association, and with reference thereto, on procedural questions upon which no rules have been adopted, the ruling of the Chair of the meeting shall be final.  Nonetheless, written notice of the place, date, and hour of the meeting, and in the case of a special meeting, the purpose(s) for which the meeting is called, shall be delivered not less than ten (10) days nor more than sixty (60) days before the date of the meeting, either personally or by mail, to each member entitled to vote at such meeting.  If mailed, such notice shall be deemed to have been delivered when deposited in the United States mail, addressed to the member at the last address as it appears on the records of the Association, with postage prepaid; or such notice may be published in any newspaper or publication printed under the auspices of the Association and distributed personally or by mail to all the members of the Association.  At a special meeting, no business shall be conducted except that stated in the notice of said meeting.   The presence, either in person or by proxy, of members representing ten percent (10%) of the total votes of the  members shall constitute a quorum for the transaction of business at all meetings of the Association.  If a quorum is present, any motion or vote supported by a majority of members present, in person or by proxy, at the meeting shall be sufficient for its adoption, unless a greater proportion or number is required by law.  Further, every member entitled to vote shall have the right to do so by an agent authorized by a written proxy executed by such member, witnessed by a person who signs his full name and address or by a notary public, and filed with the Secretary of the Association.  No such proxy shall be valid after the expiration of eleven (11) months from the date of its execution unless the person executing it specifies therein the length of time, which in no event shall exceed three (3) years from the date of its execution.  With prior notice to the Secretary, a member may revoke his proxy for a specific meeting or terminate it completely.  When a member sells his lot, associated proxies automatically terminate.

    8.    Establish such officer positions, with their duties, and such committees, with their duties, as it deems appropriate for the effective and efficient running of the day to day affairs of the Association and which are consistent with the Declaration of Protective Restrictions and Covenants, Articles of Incorporation, and laws of Virginia.  The Board of Directors shall select the officers of the Association and appoint the members of the committees, including the Environmental Control Committee (ECC) which is to carry out the applicable provisions of the Protective Restrictions and Covenants.  Officers and committee members shall serve at the pleasure of the Board of Directors.  A Director or officer shall act as the Board liaison of any committee.  Lot owners may appeal the decisions of the committees to the full Board of Directors.

    9.    Enter into agreements relating to the creation or modification of licenses or easements, which may benefit the Association or lot owners.  Such agreements may contain such provisions as the Directors may in their judgment feel are appropriate and in the best interests of the Association and its members.  However, the existence of such agreements and provisions and terms thereof shall be made known to the members in such manner as may be deemed appropriate by the Board.

    10.  Enter into an agreement or agreements with other organizations having the same or similar corporate purposes for reciprocal rights between the respective members thereof under such terms and conditions as the Board may deem proper.

    11.  Adopt an operating budget, prior to the assessment of annual dues each year.  The Board shall take into consideration all sources of income that the Association may have.  The operating budget shall be mailed to the members prior to or at the same time as the first notice of assessment of annual dues.  The Board may, by resolution, fix the time for payment of annual assessments which may be on an annual, quarterly, or monthly basis.  The Board may make interim adjustments in the assessment if the Board deems such adjustments are necessary because of unanticipated expenses or a shortfall in anticipated revenues.  The financial records shall be audited at such times as the Board determines it appropriate and cost-effective; the results of that audit shall be presented to the members at the next meeting.

B.    In the election of Directors, each lot owner shall have the right of cumulative voting.  The lot owner may cast all his votes for one candidate for the position of Director or split his votes among the candidates.  Each lot shall have a number of votes equal to twice the number of Director positions to be filled.

C.    Directors must be adult members of the Association, who are in good standing at the time of their election.  Any member current in the payment of dues or assessments to the Association and who is not currently in violation of the Declaration of Protective Restrictions and Covenants, By-Laws, and rules and regulations of the Association shall be deemed in good standing.  Only one (1) person from any given lot in the Subdivision shall be eligible to serve as a Director at any one time.  A legal entity which is a member due to ownership of a lot may designate an adult person, who shall be eligible to serve as a Director, if elected.  The procedures for the election of Directors shall be specified in the Association By-Laws.

D.    A majority of the Directors, excluding vacancies, shall constitute a quorum to transact business as a Board.  If a quorum is present, the acts of the majority of the Directors at any meeting shall be deemed the acts of the Board.  The Association By-Laws shall set forth rules for filling vacancies on the Board.

E.    If a Director fails to attend three or more consecutive regular meetings of the Board and fails to otherwise participate significantly in the affairs of the Board, upon the motion of any Director, the top Association officer or other designated person shall be directed to contact the inactive Director to seek his active participation.  If the inactive Director cannot be contacted by a reasonable good faith effort or fails to attend the next regular meeting of the Board, the position occupied by the inactive Director may be declared vacant by a majority of the remaining Board.  Otherwise, a Director may only be removed at a meeting of the Members called for that purpose, and the meeting notice shall state that the purpose, or one of the purposes, of the meeting is the removal of the Director.  A Director may not be removed if the number of votes sufficient to elect him under cumulative voting is voted against his removal.  Members may remove Directors with or without cause.

F.    Directors that are not officers shall receive a fixed fee per meeting (whether the meeting is of the Board, a special meeting, or the annual meeting) but must attend the meeting to receive payment. However, a Director shall not receive in total compensation more than six times the per-meeting fee, as a Director, for any twelve (12) month period.  Compensation may be increased or decreased by vote of a majority of the full Board, subject to the approval by the members at the next annual meeting, and to become effective starting with that approval.  Directors who in good faith attend a meeting which fails for lack of a quorum or otherwise, shall nonetheless receive compensation for the meeting.  When two or more meetings are scheduled at the same date and place, in sequence, such as a Board meeting after the annual meeting, Directors shall only receive compensation for one meeting.  A Director may, at his (or her) own request, reduce or eliminate his own compensation for all or part of his term of office. However, if any Director reduces or eliminates his compensation for any part or all of his term, the Association shall not be held liable at a later date to the Director for the compensation amount reduced or eliminated.   Directors shall set compensation for any officers or employees of the Association.

 

ARTICLE IX.  ENFORCEMENT AND MODIFICATION

A.    The Restrictions and Covenants herein contained shall run with and bind the land, and each is enforceable by the Association or lot owners.  In the event of a violation or breach of any of the restrictions by any property owner or agent, the Board of Directors, the owners of lots in the Subdivision, or any of them jointly or severally, shall have the right to proceed at law or in equity to compel compliance with the terms hereof, or to prevent the violation or breach of such terms, if after ten (10) days written notice of such violation by the Board of Directors to the owner, it has not been corrected by the owner.  If after such notice the violation has not been corrected, the Association may restrict the property owner's or agents use of Association facilities.  After notice, the Board or it agents shall have the right to enter a lot, but not a residence, and to abate any violation at the cost of the owner and shall not be deemed guilty of trespass for such action.  In the event that the Association succeeds in legal action to secure compliance with the Restrictions and Covenants herein, the costs of Association attorney’s and court fees shall be borne by the owner against whom the action was sought.  The Board shall also have the right to establish rules violation charges for the violation of rules and regulations or of these Restrictions and Covenants, if not inconsistent with or limited by law.  The Board shall establish a procedure for imposing and appealing any rules violation charges; the decision of the full Board shall be final.  Rules violation charges shall be treated as assessments for collection purposes as provided in Article VII, Section E.

B.    The failure to enforce any right, restriction, reservation or condition contained in the Declaration of Protective Restrictions and Covenants, however long continued, shall not be deemed a waiver of the rights to do so hereafter, and shall not bar or affect its enforcement.

C.    The Grantee of any lot subject to the coverage of this Declaration, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, shall for himself and his successors or assigns, accept such deed or contract upon and be subject to each and all of these restrictions and the agreements herein contained.

D.    The Association may allow reasonable variances and adjustments of these restrictions in order to overcome practical difficulties and to prevent unnecessary hardships in the application of the provisions contained herein; provided, however, that this is done in conformity with the intent and purpose hereof and provided that, in every instance, such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood or the Subdivision.

E.    Titles or headings used in this Declaration are for reference purposes only and shall not affect the meaning of the provisions.  The use of the singular shall include the plural and the use of words expressed in terms of the male gender shall include the female gender, or the reverse, as appropriate, without limitation.

F.    The invalidation by any court of any requirements or restrictions contained in this Declaration of Protective Restrictions and Covenants shall in no way affect any of the other requirements or restrictions, but they shall remain in full force and effect.

G.    This Declaration of Protective Restrictions and Covenants may be amended or modified, in whole or in part, by approval of the owners of a majority of lots in the Lakeshore Woods subdivision.  Any such amendment or modification, in whole or in part, shall be distributed to all members and filed with the land records of Louisa County.  The amendment or modification shall be effective upon recordation in the land records in Louisa County, unless such amendment or modification specifies a different effective date.

END OF DECLARATION

Recorded: County of Louisa, Deed Book 331, Page 550
(revised; August 8, 1994, Deed Book 472, Page 245)
(revised; August 15, 2005, Deed Book 943, Page 26)