DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
WHEREAS, Declarant is the owner of the real property described
in Article III of this Declaration and desires to create thereon
a residential community with permanent open spaces, and other common
facilities for the benefit of said community; and
WHEREAS, Declarant desires to provide for the preservation of the
values and amenities in said community and for the maintenance of
said open spaces and other common facilities; and, to this end,
desires to subject the real property described in Article III to
the covenants, restrictions, easements, conditions, charges and
liens, hereinafter set forth. These easements, covenants, restrictions
and conditions shall run with the real property and shall be binding
on all parties having or acquiring any right, title or interest
in the described properties or any part thereof; and
WHEREAS, Declarant has deemed it desirable, for the efficient preservation
of the values and amenities in said community, to create an agency
to which should be delegated and assigned the powers of maintaining
and administering and enforcing the covenants and restrictions and
collecting and disbursing the assessments and charges hereinafter
WHEREAS, Declarant has incorporated under the laws of the State
of Virginia, as a non-stock corporation, THE LEEWOOD HOMEOWNERS
ASSOCIATION, INC., for the purpose of exercising the functions aforesaid;
NOW, THEREFORE, the Declarant declares that the real property described
in Article III is and shall be held, transferred, sold, conveyed
and occupied subject to the covenants, restrictions, easements,
conditions, charges and liens (sometimes referred to as "covenants
and restrictions") hereinafter set forth.
SECTION 1. The following words when used in this Declaration (unless
the context shall prohibit) shall have the following meanings:
- "Association" shall mean and refer to The Leewood Homeowners
- "The Properties" shall mean and refer to that certain real property
referred to in Article III, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
- "Common Area" shall mean all real property owned by the Association
for the common use and enjoyment of the members of the Association.
- "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of The Properties, with the exception
of Common Area as heretofore defined.
- "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 part of The Properties, including contract sellers, but
excluding those having such interest merely as security for the
performance of an obligation.
- "Member" shall mean and refer to all those owners who are members
of the Association as provided in Article IV, Section 1, hereof.
- "Declarant" shall mean and refer to Clarence W. Gosnell, Inc.,
a Delaware Corporation, their successors and assigns.
SECTION 1. The Association may participate in mergers and consolidations
with other nonprofit 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 two-thirds (2/3) of each class of members, and that upon
such merger or consolidation of the Association with another association
as herein provided, the Association's properties, rights and obligations
may be transferred to another surviving or consolidated association
or alternatively, the properties, rights and obligations of another
association may, by operation of law, be added to the properties,
rights and obligations of the Association as a surviving corporation
pursuant to a merger. The surviving or consolidated association
may administer the covenants and restrictions established by this
Declaration within the Existing Property together with the covenants
and restrictions established upon any other properties as one scheme.
No such merger or consolidation, however, shall effect any revocation
change or addition to the covenants established by this Declaration
with the Existing Property except as hereinafter provided.
SECTION 1. The real property which is, and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is located
in Fairfax County, Virginia, as shown on a plat attached hereto
and made a part hereof, entitled LEEWOOD, Fairfax County, Virginia,
Lots 1 to 195, Block A, LEEWOOD, being a resubdivision of parts
of Lots 14, 15, 16, 17, 20, 21 and 22 LEEWOOD Subdivision, as the
same appears duly dedicated, platted and recorded among the land
records of Fairfax County, Virginia in Deed Book 4131 at page 431.
SECTION 2. Additions to Existing Property: Additional lands
may become subject to this Declaration by merger as provided in
SECTION 1. 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 to assessment of 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. No Owner
except Declarant shall have more than one membership for each lot
owned. Membership shall be appurtenant to and may not be separated
from ownership of any lot which is subject to assessment by the
Association. Ownership of such lot shall be the sole qualification
SECTION 2. Voting Rights. The Association shall have two
classes of voting membership:
Class A. Class A members shall be all those owners as
defined in Section 1 with the exception of the Declarant. Class
A members shall be entitled to one vote for each lot in which they
hold the interests required for membership by Section 1. When more
than one person holds such interest or interests in any lot, all
such persons shall be members, and 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 such lot.
Class B. Class B members shall be the Declarant. The Class
B member shall be entitled to three votes for each lot in which
it holds interest required for membership by Section 1 until such
lot is first sold or leased, provided that the Class B membership
shall cease and become converted to Class A membership on the happening
of any of the following events, whichever occurs earlier:
- when total votes outstanding in the Class A membership equal
the total votes outstanding in the Class B membership, or
- on July 1, 1980.
SECTION 1. Easements for Encroachments. In the event any
portion of any unit encroaches upon the common areas and facilities,
as a result of the construction, reconstruction, repair, shifting,
settlement or movement of any portion of the PUD, a valid easement
for the encroachment and the maintenance of the same shall exist
so long as the encroachment exists.
SECTION 2. Members' Easements of Enjoyment. Subject to the
provisions of Section 3, every member shall have a right and
easement of enjoyment in and to the common areas and such easement
shall be appurtenant to and shall pass with the title to every lot
subject to the following provisions:
- 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
property, and the rights of such mortgagee in said properties
shall be subordinate to the rights of the homeowners hereunder;
- The right of the Association to take such steps as are reasonably
necessary to protect the above described properties against foreclosure;
- The right of the Association, as provided in its Articles and
By-Laws, to suspend the enjoyment rights of any member for any
period during which any assessment remains unpaid; and for any
period not to exceed thirty (30) days for any infraction of its
published rules and regulations; and
- The right of the Association to dedicate or transfer all or
any part of the Common Areas to any public agency, authority or
utility for such purposes and subject to such conditions as may
be agreed to by the Members, provided that no such dedication
or transfer determination as to the purposes or as to the conditions
thereof, shall be effective unless an instrument signed by Members
entitled to cast two-thirds (2/3) of the votes of each class of
Membership has been recorded, agreeing to such dedication, transfer,
purpose or condition, and unless written notice of the proposed
agreement and action thereunder is sent to every Member at least
ten days but not more than fifty days in advance of any action
- The right of the Association to limit the number of guests of
SECTION 3. 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 members of his
family, his tenants, or contract purchasers who reside on the property.
SECTION 4. Title to the Common Area. The Declarant hereby
covenants for itself, its heirs and assigns, that it will convey
fee simple title to the Common Area to the Association, free and
clear of all encumbrances and liens, but subject to easements and
rights of way herein, and/or by the attached plat, created, dedicated
or reserved prior to the conveyance of the first lot.
SECTION 5. Parking Rights. Ownership of each lot shall entitle
the owner thereof to the use of not more than one (1) automobile
parking space, which shall be as near and convenient to said lot
as reasonably possible, together with the right of ingress and egress
in and upon said parking areas. The Association shall permanently
assign one (1) vehicular parking space for each dwelling.
SECTION 1. Creation of the Lien and Personal Obligation of Assessments.
The Declarant for each lot owned by him within the Properties hereby
covenants and each Owner of any lot by acceptance of a deed therefor,
whether or not it shall be so expressed in any such deed or other
conveyance is deemed to covenant and agree to pay to the Association:
(1)annual assessments or charge; (2) special assessments for capital
improvement, such assessments to be fixed, established and collected
from time to time as hereinafter provided. The annual and special
assessments, together with such interest thereon and costs of collection
thereof as hereinafter provided, 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 with such
interest thereon, costs of collection thereof, including reasonable
attorney's fees as hereinafter provided, 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 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 Properties, and
of the homes situated upon the Properties.
SECTION 3. Basis and Maximum of Annual
Assessments. Until January 1 of the year immediately following
the conveyance of the first lot to an owner, the maximum annual
assessment shall be One Hundred Eighty Dollars ($180.00) per Lot.
- From and after January 1 of the year immediately following the
conveyance of the first lot to an owner, the maximum annual assessment
may be increased effective January 1 of each year without a vote
of the membership in conformance with the rise, if any, of the
Consumer Price Index, (Published by the Department of Labor, Washington,
D.C.) for the preceding month of July.
- From and after January 1 of the year immediately following the
conveyance of the first lot to an owner, the maximum annual assessment
may be increased above that established by the Consumer Price
Index formula by a vote of the members for the next succeeding
two years and at the end of each such period of two years, for
each succeeding period of two years, provided thatany such change
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, written notice of which shall be
sent to all members not less than 10 days nor more than 50 days
in advance of the meeting setting forth the purpose of the meeting.
The limitations hereof shall not apply to any change in the maximum
and basis of the assessments undertaken as an incident to a merger
or consolidation in which the Association is authorized to participate
under its Articles of Incorporation.
- After consideration of current maintenance costs and future
needs of the Association, the Board of Directors may fix the annual
assessment at any amount not in excess of the maximum.
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 or reconstruction,
unexpected repair or replacement of a described capital improvement
upon the Common Area, including the necessary 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, written notice of which shall be sent to all members
not less than 10 days nor more than 50 days in advance of the meeting,
setting forth the purpose of the meeting.
SECTION 5. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all lots. The Board
of Directors may, at its discretion, require the annual and/or special
assessments to be paid on a monthly basis and may permit such payments
to be made to a mortgagee under the deed of trust on the respective
lots or any other collection agent selected by the Board of Directors.
SECTION 6. Quorum for any Action Authorized Under Sections
4. At the first meeting called, as provided
4 hereof, the presence at the meeting of members
or of proxies entitled to cast sixty percent (60%) of all the votes
of each class of membership shall constitute a quorum. If the required
quorum is not forthcoming at any meeting, another meeting may be
called, subject to the notice requirement set forth in Sections
4, and the required quorum at any such 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. 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 first lot to an owner. 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 at any time furnish a certificate in writing signed
by an officer of the Association setting forth whether the assessments
on a specified lot have been paid. A reasonable charge may be made
by the Board for the issuance of these certificates. Such certificates
shall be conclusive evidence of payment of any assessment therein
stated to have been paid.
SECTION 8. Effect of Nonpayment of Assessments. Remedies
of the Association: 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
at the rate of six percent (6%) per annum from the date of delinquency,
and the Association may bring an action at law against the 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 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 9. 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 which is subject to any first mortgage, pursuant to a decree
of foreclosure under such first mortgage or any proceeding in lieu
of foreclosure thereof, shall extinguish the lien of such assessments
as to payments thereof which become 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 10. Exempt Property. The following property subject
to this Declaration shall be exempt from the assessments created
herein: (a) all properties dedicated to accepted by a local public
SECTION 1. General Rules of Law to Apply. Each wall which
is built as 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 of liability for property damage due to negligent
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 in proportion to such use.
SECTION 3. Destruction by Fire or Other Casualty. If a party
wall is destroyed or damaged by fire or 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 call for a larger contribution from
the others under any rule of law regarding liability for negligent
or willful acts or omissions.
SECTION 4. Weatherproofing. Notwithstanding any other provision
of this Article, an 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 the decision of a majority
of all the arbitrators shall be final and conclusive of the question
SECTION 1. Review by Committee. No building, fence, wall
or other structure other than those built by the Declarant shall
be commenced, erected or maintained upon the Properties, nor shall
any exterior addition to or change, alteration, or improvement thereof
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 with ninety
(90) days after said plans and specifications have been submitted
to it, approval will not be required and the Article will be deemed
to have been fully complied with.
SECTION 1. 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) decision of the Board of Directors,
shall have the right, through its agents and employees, to enter
upon said buildings and any other improvements erected thereon.
The cost of such exterior maintenance shall be added to and become
part of the annual assessment to which such lot is subject.
1. No portion of the Properties shall be used except for residential
purposes and for purposes incidental or accessory thereto, except
for model homes and sales offices used by Declarant.
2. No clothing, laundry or wash shall be aired or dried on any
portion of the Properties in an area other than in the rear yards
of the lots.
3. No fence, wall, tree, hedge or shrub planting shall be maintained
in such manner as to obstruct sight lines for vehicular traffic.
4. Except as provided in Paragraph 3, no trees of a diameter of
more than four inches measured two feet above ground level, lying
without the approved building and driveway area, shall be removed
or planted, except by Declarant without the approval of the board
of Directors or the Architectural Control Committee appointed by
5. No noxious or offensive activity shall be carried on upon any
portion of the residential property, nor shall anything be done
thereon which may be or become a nuisance or annoyance to the neighborhood.
No exterior lighting shall be directed outside the boundaries of
6. No sign of any kind larger than one foot square shall be displayed
to the public view on any lot, except temporary signs not more than
five feet square in area advertising the property for sale or rent
and except for temporary signs erected by Declarant in connection
with the construction, lease, or sale of buildings and lots.
7. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any lot, except where indicated on the attached
plat or subsequent plat and except that dogs, cats or other household
pets may be kept provided they are not raised, bred or kept for
any commercial purpose.
8. No material or refuse shall be placed or stored within five
feet of the property line of any lot or the edge of any water course
or body of water, except that clean fill may be placed nearer, provided
that the natural water course is not altered or blocked by such
9. No person shall paint the exterior of any building a color different
that the original color of said building without the proposed color
thereof having been approved by the Board of Directors of the Association,
or by an Architectural Control Committee appointed by the Board.
10. Easements for the installation and maintenance of under-ground
utilities, television cables, supply and transmission lines, and
drainage facilities are reserved to the Declarant, his heirs, successors
or assigns, through the lots on said plat, except where a building
is located by the Declarant for the purpose of connecting the underground
utilities, television cables and supply and transmission lines to
the houses thereon. Such easements shall include the right of ingress
and egress, provided that any damage resulting from the installation,
maintenance or repair of an underground utility supply and transmission
lines, or drainage facilities shall be promptly repaired or replaced
at the expense of the corporation or authority which directed the
entry. The aforesaid right of reservation of easements to the Declarant
shall terminate upon completion of the LEEWOOD Subdivision Project.
11. The Leewood Homeowners Association shall have the right (upon
20 days' notice to the owner of the property involved, setting forth
the action intended to be taken, and if at the end of such time
such action has not been taken by the owner) to trim or prune, at
the expense of the owner, any hedge or other planting that in the
opinion of the Architectural Control Committee, by reason of its
location upon the lot or the height to which or the manner in which
it is permitted to grow is detrimental to the adjoining property
or is unattractive in appearance. The Association shall further
have the right, upon like notice and conditions, to care for vacant
or unimproved Residential Property, and to remove grass, weeds and
rubbish therefrom and to do any and all things necessary or desirable
in the opinion of the Board of Directors or Architectural Control
Committee appointed by the Board to keep such Residential Property
in neat and good order, all at the cost and expense of the owner,
such cost and expense to be paid to the Association upon demand
and if not paid within ten days thereof, then to become a lien upon
the property affected equal in priority to the lien provided for
in Article VII, Paragraph 1 hereof.
SECTION 1. Enforcement. The Association, the Declarant 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 or Declarant 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 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, the Declarant or the owner
of any lot subject to this Declaration, their respective legal representatives,
heirs, successors and assigns, for a term of 25 years from the date
this Declaration is recorded, after which time said covenants shall
be automatically extended for successive periods of 10 years. The
covenants and restrictions of this Declaration may be amended during
the first 25 year period by an instrument signed by not less than
90% of the lot owners. Any amendment must be properly recorded.
At the end of the initial 25 year period referred to hereinabove,
the covenants and restrictions of this Declaration may be amended
by an instrument signed by not less than 75% of the lot owners.
SECTION 4. Notices. Any notice required to be sent to any member
or owner under the provisions of this Declaration shall be deemed
to have been properly sent when mailed, postpaid, to the last known
address of the person who appears as member or owner on the records
of the Association at the time of such mailing.
SECTION 5. FHA/VA and Fairfax County Approval. As long as there
is a Class B membership, the following actions will require the
prior approval of the Federal Housing Administration, the Veterans
Administration and Fairfax county: Annexation of additional properties,
mergers, consolidations, dedication of Common Area, and amendment
of this Declaration of Covenants, Conditions and Restrictions.
IN WITNESS WHEREOF, CLARENCE W. GOSNELL, INC. caused this Deed
to be signed on its behalf by its Vice President and its corporate
seal to be affixed and attested by its Asst. Secy. pursuant to due
authority granted by said Corporation.
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