Proposed Amendments to the Declaration of Covenants, Conditions and Restrictions Presented by the Update Docs Committee showing edited deletions and additions.
The following revisions to the Declaration of Covenants, Conditions and Restrictions have been proposed thus far by the Declaration, By-Laws & Articles Review Committee (Update Docs Committee). Additional proposals will be posted as they are updated by the committee for membership review and comment. Revisions are in track change format with strike-out used for deleted language and underlining used for added language.

ARTICLE II, Property Rights

Section 1.  Owners' Easements of Enjoyment.  Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

(a)        the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;

(b)        the right of the Association to suspend the voting rights and right to use of  the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid. ; and for a period not to exceed 60 days for any infraction of this Declaration or the Lake Ridge Rules;

(c)        the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members.  No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of Members agreeing to such dedication or transfer has been recorded.

(d)    The right of the Association to lease or grant and reserve easements, rights-of-way and licenses, over and through any Common Area.¹

Section 2.  Delegation of Use.  Any owner may delegate, in accordance with the By-Laws, his right to enjoyment to the Common Area and facilities to the members of his family, his tenants, or his guests. or invitees.

Section 3. Utility Easements.  There is hereby created a A blanket easement is reserved upon, across, over and under the Property above described premises for ingress, egress, installation, replacing, repairing and maintaining all utility and service lines and systems, including but not limited to, water, sewers, gas, telephone, electricity, television, cable or communication lines and systems., etc.  By virtue of this easement, it shall  be expressly permissible for the providing the utility or service company is expressly permitted to install and maintain facilities and equipment on the said pProperty and to affix and maintain wires, circuits and conduits on, in and under the roofs and exterior walls of said residences on the Property.  Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities or service lines may be installed or relocated on the Property.said premises except as initially programmed and approved by the major building of said premises or thereafter approved by the said builder or the Board.  This easement shall in no way affect any other recorded easements.  on said premises.  This easement shall be limited to improvement as originally constructed.

Each Lot is subject residence shall be subject to an easement for encroachment.s created by construction, settling and overhangs, as designed or constructed by the original builder.  A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall does exist.  In the event athe residence on a lot is partially or totally destroyed, and then rebuilt, the Owners agree that minor encroachments of parts of the adjacent residence due to construction  shall be are permitted. The Lot is subject to an  and that a valid easement for said encroachment and the maintenance. thereof shall exist.  Anything herein to the contrary notwithstanding, any such encroachment shall not exceed one (1) foot.²

Section 4  Reserved Common Area. The Board of Directors shall have the power in its discretion from time to time to grant revocable licenses in the Common Area by designating portions of the Common Area as Reserved Common Area. The Board of Directors may assign Reserved Common Area in a non-uniform manner for a designated time period or for a special event, to some Owners and not others. The Board of Directors may designate parking spaces on the Common Area as Reserved Common Area, assigning different numbers of parking spaces to different Owners, providing priority parking to Persons with a handicap, or for other reasonably justifiable purposes. Reserved Common Area shall be subject to such restrictions, reasonable charges and conditions on the use thereof as the Board may deem appropriate. Recreational Facilities shall also be deemed to be Reserved Common Area.

¹  Paragraph (d) added to Article II, Property Rights, Section 1 to allow the Association to lease or grant and reserve easements, rights-of-ways and licenses over and  through the Common Area.

²  "Utility Easements" was relocated from Article IV, Section 2, para S to become Section 3 of Article II.

Article III, Property Subject to the Lake Ridge RestrictionsSection 1.        General Declaration Creating Lake Ridge.  Declarant shall develop or cause to be developed Lake Ridge by subdivision into various Lots and Tracts.  As each is developed, Declarant intends, with respect to particular property, to record or cause to be recorded one or more Tract Declarations which will incorporate this Declaration therein by reference, and which may supplement or modify this Declaration with such additional covenants, conditions and restrictions as may be appropriate for that property, subject to the approval of the FHA and VA.  Thereafter, Declarant or its successors or assigns intend to sell and convey, to Public Purchasers, Lots in the property so developed subject to both this Declaration and the Tract Declarations, if any, for that Tract.  Declarant hereby declares that aAll of the real property within Lake Ridge is and shall be held, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration and any recorded Tract Declarations, as amended or modified from time to time.  This Declaration is and said Tract Declarations are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of said real pProperty and areis established for the purpose of enhancing and perfecting the value, desirability and attractiveness of said real the pProperty. and every part thereof.  All of tThis Declaration shall run with all of said real property the land for all purposes and shall be binding upon and inure to the benefit of Declarant, Tthe Association, Aall Owners and their successors in interest.

Section 2.  Staged Developments.  Additional land without the area heretofore described may be annexed by the Declarant of its successors or assigns without the consent of Members within five (5) years of the date of this Declaration provided that FHA and the VA determine that the annexation is in accord with the general plan heretofore approved by them.  Such annexed land may, but shall not necessarily include, additional land for Single Family Residential Use, Common Area, Commercial Area, and Multi-family Residential Use (including apartments and condominiums).

ARTICLE IV, LAND USE CLASSIFICATIONS PERMITTED USES AND RESTRICTIONS USE OF THE PROPERTY

Section 1.        Land Use Classifications.  As each Tract or portion thereof within Lake Ridge is developed and annexed, the use classifications, restrictions, easements, rights of way, and other matters including new or different uses and restrictions therefore, including any number of subclassifications thereof for any special uses, shall be fixed by Declarant or its successors or assigns in any Tract Declaration which may be recorded for that Tract, subject to the approval of FHA and VA.  In exercising such authority as granted herein, Declarant shall not impose any new land use classifications or new restrictions which are not generally in consonance with existing uses and restrictions applicable to Lake Ridge.  When property is annexed to Lake Ridge, the use classifications thereof shall be established by the Tract Declaration covering said property.

Section 21.   Permitted Uses. and Restrictions - Single Family.  The permitted uses, easements, and restrictions for all property in this classification within Lake Ridge covered by this Declaration, except for Common Area, shall be as follows: Except as otherwise provided in the Association Documents, each Lot and the Common Area may be occupied and used for any purposes for which such Lot is zoned and designed and which are permissible under local zoning ordinances.  No Lot or the Common Area shall be used for any other purpose without the prior written approval of the Board of Directors.  The Board's approval of other uses may be conditioned or withheld at the Board's discretion.  Each Owner shall comply with applicable zoning requirements, as amended from time to time.

A.    Single Family Residential Use.  All property in this classification Lots designated residential shall be used, improved and devoted exclusively to Single Family rResidential uUse.  No gainful occupation, profession, trade or other nonresidential use shall be conducted on any such property without the approval of the Board of Directors. Nothing herein shall be deemed to prevent the leasing of all such property Lots to a single family from time to time by the Owner,  thereof, subject to all of the provisions of the Declaration. Additionally, an owner may maintain a home office for personal or business use that conforms to residential zoning provisions and Architectural Guidelines.  No structure whatever, other than one private, Single Family Resident, together with a private garage for not more than three (3) cars, a guest house or servant quarters, shall be erected, placed or permitted to remain on any Lot and no facilities for the preparation of food shall be provided or permitted in any guest house or servants' quarters to be erected on said premises.

B. Animals.   No animals, birds, fowl, poultry, or livestock, other than a reasonable number of generally recognized house or yard domestic pets, shall will be maintained on any property within Lake Ridge. No animals will be   and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes.  No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance.  No structure for the care, housing or confinement of any animal shall will be maintained so as to be Visible from Neighboring Property.  Animals will not be allowed to run at large within the Common Areas, and will be leashed, and persons walking animals will be responsible for cleaning up pet droppings, in accordance with PWC Animal Control Laws. Upon the written request of any Owner, the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purposes of this paragraph,  or a particular animal is a generally recognized house or yard domestic pet, or a nuisance, or whether the number of animals on any such property is reasonable.  Any decision rendered by the Board shall be enforceable as other restrictions contained herein.

C.  Antennas.  No antenna or other device for the transmission or reception of television or radio signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors on any property within Lake Ridge, whether attached to a building or structure or otherwise, unless approved by the Architectural Committee. Exterior antenna, satellite dishes or similar exterior improvements maintained upon the property shall comply with the Architectural Guidelines.

D.  Utility Service.  No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, and radio signals, shall be erected, placed or maintained anywhere in or upon any property within Lake Ridge unless the same shall be contained in conduits or cables installed and maintained underground or concealed in, under or on buildings or other structures approved by the Architectural Committee.  No provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or structures approved by the Architectural Committee.

ED. Improvements and Alterations. No improvements, alterations, repairs, excavations or other work which in any way alters the exterior appearance of any property within Lake Ridge or the improvements located thereon from its natural or improved state existing on the date such property was first conveyed in fee by Declarant to a Public Purchaser or annexed to Lake Ridge, whichever is later, shall be made or done without the prior written approval of the Architectural Committee, except as otherwise expressly provided in this Declaration.  No building, fence, wall, residence or other structure shall be commenced, erected, maintained, improved, altered, made or done without the  prior written approval of the Architectural Committee or any committee established by the Architectural Committee. for the purpose.  Pursuant to its rulemaking power, the Architectural Committee shall establish a procedure for the preparation, submission and determination of applications for any such alteration or improvement.  The Architectural Committee shall have the right to refuse may not to approve any plans or specifications or grading plan, which are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such plans, specifications and grading plans, and without any limitation of the foregoing, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property.  All subsequent additions to or changes or alterations in any building, fence, wall or other structure, including exterior color scheme, shall be subject to the prior approval of the Architectural Committee.  No changes or deviations in or from such plans and specifications once approved shall be made without the prior written approval of the Architectural Committee.  All decisions of the Architectural Committee shall be final and no lLot oOwner or other parties shall have recourse against the Architectural Committee for its refusal to approve any such plans and specifications or plot plan, including lawn area and landscaping.

E.   Leasing.  No Residential Lot upon which a single family dwelling or condominium unit is located, dwelling or any portion thereof shall be used or occupied for transient or hotel purposes or in any event leased for an initial period of less than six months provided, however, that the six-month limitation shall not apply to Multifamily Lots.  No portion of any dwelling (other than the entire dwelling) shall be leased for any period; provided, however, that a reasonable number of roommates is permitted.  No Owner shall lease a Single Family Residential Lot other than on a written form of lease:  (1) requiring the tenant to comply with the Association Documents; (2) providing that failure to comply constitutes a default under the lease; and (3) providing that after forty-five days prior written notice to the Owner, the Board of Directors has the power to terminate the lease or to bring summary proceedings to evict the tenant in the name of the lessor in the event of a default by the tenant under the Association Documents or the lease.  The Board of Directors may suggest or require a standard form lease for use by Owners of Single Family Residential Lots.  Each Owner of a Single Family Residential Lot shall, promptly following the execution of any lease of a Lot, forward a conformed copy thereof to the Board of Directors.  The foregoing provisions of this subsection shall not apply to Multifamily Lots and, except the restriction against use or occupancy for hotel or transient purposes, shall not apply to Lots owned by the Association, or by a Mortgagee in possession of a Lot as a result of foreclosure, judicial sale or a proceeding in lieu of foreclosure.

F. Temporary Occupancy.  No trailer, basement of any incomplete building, tent,shack, garage or barn, and no temporary buildings, shelter, or structure of any kind shall be used at any time for a residence on any property within Lake Ridge either temporary or permanent.  Temporary buildings or structures used during the construction or renovation of a dwelling on any such property shall be removed immediately after the completion. of construction.

G.  Trailers Trailers and Motor Vehicles.  Except with approval of the Architectural Committee, no mobile home, trailer of any kind, truck, camper, boat, or permanent tent or similar structure shall be kept, placed, maintained, constructed, reconstructed or repaired, not shall any motor vehicle be constructed, reconstructed, or repaired, upon any property or street (public or private) within Lake Ridge in such a manner as will be Visible from Neighboring Property; provided, however, that the provisions of this paragraph shall not apply to emergency vehicle repairs or temporary construction shelters or facilities maintained during, and used exclusively in connection with, the construction of any improvement approved by the Architectural Committee.

G. Vehicles.
   (1)  Commercial Vehicles.  Except in connection with construction, maintenance or repair activities, no vehicles on which commercial lettering or equipment is visible or which are larger than normally used for noncommercial purposes, taxicabs or trailers, campers, recreational vehicles, boats and other large vehicles, including grounds maintenance equipment, may be parked or used on any portion of the Property if it is Visible from another Lot or on any public right-of-way within or adjacent to the Property, unless expressly permitted by the Board of Directors and only in such parking areas or for such time periods (if any) as may be designated for such purpose. Except as may be modified by resolution of the Board of Directors, prohibited vehicles would include, without limitation, any vehicle:

        (a) with a load capacity in excess of one ton

        (b) oversized (higher than eight feet, wider than eight feet or longer than eighteen feet) 

        (c) with commercial license plates

        (d) with commercial signage

  (2)   Parking.  No junk or derelict vehicle or other vehicle on which current registration plates and current county and state inspection permits are not displayed shall be kept upon any portion of the Property. Vehicle repairs and storage of vehicles are not permitted, except in accordance with the Architectural Guidelines; provided, however, that washing of vehicles and noncommercial repair of vehicles on Lots is permitted in accordance with the Architectural Guidelines.

(a) Limitations.  Each of the parking spaces located on the Common Area will be subject to designation as Reserved Common Area appurtenant to certain designated Lots pursuant to the reservation set forth in Article II, Section 4. Until assigned as Reserved Common Area, all parking spaces located in the Common Area will be used by the Owners on a "first come, first served" basis, except as the Board of Directors may otherwise determine. The Board may restrict the number of Common Area parking spaces used by one Owner.

    (b) Enforcement. Subject to applicable laws and ordinances, any vehicle parked on Common Area or property subject to the Declaration in violation of these or other restrictions contained herein or in the Architectural Guidelines now or hereafter adopted may be  towed by the Association at the sole risk and expense of the owner of such vehicle if such vehicle remains in violation for a period of 24 hours from the time a notice of violation is placed on the vehicle. The Association shall not be liable to the owner of such vehicle for trespass, conversion or otherwise, nor guilty of any criminal act by reason of such towing and once the notice is posted, neither its removal, or failure of the owner to receive the notice for any other reason, shall be grounds for relief of any kind. An affidavit of the person posting the notice stating that it was properly posted shall be conclusive evidence of proper posting.

H.  Maintenance of Lawns and Planting.

(2) By the Association.  The Association or its authorized agents shall have the right, at any time, to plant, replace, and maintain and cultivate shrubs, trees, grass and plantings on the Common Area any property within Lake Ridge other than on a Lot, and on such easements as over an Owner's Lot as may have been granted to Declarant or the Association., regardless of whether any Owner or the Association is responsible hereunder for maintenance of such areas.  No Owner shall remove, alter, injure damage or interfere in any way with any shrubs, trees, grass or plantings on the Common Area placed upon any such property by Declarant or the Association without the prior written consent of the Association. having first been obtained.  The Association or its authorized agents shall have the right to enter upon any property within such other areas, at any reasonable time, for the purpose of planting, replacing, maintaining or cultivating such shrubs, trees, grass or plantings, and shall not be liable for trespass for so doing.

I.  Trees. Except in accordance with the Architectural Guidelines, and only with the prior written approval of the Architectural Committee, no sound trees may be cut.

JI.  Nuisances.  No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any property Lot within Lake Ridge, and no odors shall be permitted to arise therefrom, so as to render any such property or any portion thereof unsanitary, unsightly, odiferous, offensive or detrimental. to any other  property in the vicinity thereof or to its occupants..  No nuisance shall be permitted to exist or operate  upon any such property to as to be offensive or detrimental to any other property in the vicinity thereof or to its occupants.  Without limiting the generality of any of the foregoing provisions, nNo exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on a Lot.any such property.  The Board in its sole discretion shall have the right to determine the existence of any such nuisance.

J.  Repair of Buildings. No building or structure upon any property within Lake Ridge shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished.  

K.  Upkeep By The Owners. Each Owner shall keep such Owner's Lot and all improvements located on the Lot in good order,  condition and repair and in a clean and sanitary condition, including without limitation all necessary grounds maintenance and clearing snow and ice, in accordance with local ordinances, as may be otherwise provided in this Declaration. Each Owner shall maintain the lead sidewalk, driveway, driveway apron and utility laterals serving each Owner's Lot, even if located on Common Area. Each Owner shall also clear snow and ice from any sidewalks located adjacent to such Owner's Lot. Each Owner shall perform these responsibilities in such manner as shall not unreasonably disturb or interfere with the reasonable enjoyment by the other Owners of their Lots. If any Owner shall fail to keep such Owner's Lot in good repair and in a neat and orderly condition, consistent with such Rules and Regulations as the Board of Directors may promulgate, then the Board may, pursuant to resolution, give notice to the Owner of the condition complained of, describing generally the action to be taken to rectify that condition. If the Owner fails to take the actions described or to otherwise rectify the condition within thirty days after the date the notice is given, or such other period as may be specified in the notice if the circumstances warrant a different period, the Board of Directors shall have the right, but not the obligation, pursuant to Section*___ and Subsection*___ and any resolutions adopted by the Board of Directors, to rectify that condition by taking such action (or by causing such action to be taken) as was generally described in the notice. The costs incurred in rectifying the condition shall be assessed against such Owner's Lot in accordance with Subsection*___ and Section* ____. The Owner shall reimburse the Association within thirty days after delivery of the statement for such expenses from the Board.  (*completion to be determined upon final editing of Declaration.)

L.K. Trash Containers and Collection.  Trash storage and collection shall be in accordance with the Architectural Guidelines. No garbage or trash shall be placed, or kept or stored on any Lot except in covered containers of a type, size and style which are approved by the Architectural Committee.  In no event shall such containers be maintained so as to be Visible from Neighboring Property except to make the same available for collection and then, only the shortest time reasonably necessary to effect such collection.  The Board shall have the right, in its sole discretion, to require all Owners to subscribe to a specific location for trash service.  All rubbish, trash, and garbage shall be removed from the Lots and shall not be allowed to accumulate. thereon.  No incinerators shall be kept or maintained on any Lot. Trash containers shall be obscured from view except on applicable trash collection days. Burning trash and accumulating or storing litter, refuse, bulk materials or building materials is not permitted on a Lot.

M.L.  Clothes Drying Facilities.  Permanent Ooutside clothes lines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any property. within Lake Ridge unless they are erected, placed and maintained exclusively within a fenced service yard or otherwise concealed and shall not be Visible from Neighboring Property.

N.M.  Encroachments. No tree, shrub, or planting on a Lot of any kind on any property devoted to Single Family Residential Use within Lake Ridge shall be allowed to overhang or otherwise to encroach upon any sidewalk, street, pedestrian way, or other area from ground level to the height of twelve (12) feet, without the prior approval of the Architectural Committee.

O. Obstructions. No Person shall obstruct any of the Common Area or otherwise impede the rightful access of any other Person to the Common Area. No Person shall place or cause or permit anything to be placed on or in any portion of the Common Area without the approval of the General Manger. Nothing shall be altered or constructed in the Common Area except with the prior written approval of the General Manager, or his representative.

P. N. Right of Way.  During reasonable hours, Association, any member of the Architectural Committee, any member of persons authorized by the Board of Directors, or any authorized representative of any of them, shall have the right of access over and through enter upon and inspect any property within any part of the exterior of a Lake Ridge property in the exercise and discharge of their duties and responsibilities. , and the improvements thereon, except for the interior portions of any residence, for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and such This right of access is to make inspections and correct any condition originating on a Lot or in the Common Area threatening another Lot or the Common Area. This includes, but is not limited to, the maintenance of buildings, lawns and fences. Each Owner shall be liable to the Association for the cost of all upkeep/maintenance performed by and rendered necessary by any act, neglect, carelessness or failure to comply with the Association Documents for which such Owner is responsible and liable as described in Section*�. The costs incurred by the Association shall be assessed against such Owner's Lot according to Sections*�. pPersons authorized by the Board of Directors shall not be deemed guilty of trespass by reason of such entry. (* completion to be determined upon final editing of Declaration.)

Q.O.  Machinery and Equipment.  No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any property within Lake Ridge except such machinery or equipment as is usual and customary in connection with the use, maintenance or construction of a residence, appurtenant structures, or other improvements, and except that which Declarant or the Association may require for the operation and maintenance of Lake Ridge.

R.P. Restriction on Further Subdivision.  No Lot within Lake Ridge shall be further subdivided or separated into smaller lots or parcels by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by an Owner without the prior written approval of the Board.  This provision shall not, in any way, limit Declarant from subdividing or separating into smaller lots or parcels any property not yet platted or subdivided into Lots owned by Declarant.  No portion of a Lot but for the entire Lot, together with the improvements thereon, may be rented, and to a single family. Prince William County ordinance establishes the number of occupants on a Lot.

S.Q.  Signs.  Except for signs posted by the Association, no signs will be erected, posted, displayed, or maintained on any Lot or Common Area within Lake Ridge unless specified in the Architectural Guidelines or with the prior written approval of the Architectural Committee. No signs whatsoever (including, but not limited to, commercial, political and similar signs) which are Visible from Neighboring Property shall be erected or maintained on any Lot or parcel of property within Lake Ridge except:

     (1)   Such signs as may be required by legal proceedings;

     (2)   Not more than two (2) residential identification signs each of a combined total face area of seventy-two square inches or less;

     (3)   During the time of construction of any building or other improvement, each job
identification sign not larger than eighteen by twenty-four inches in height and width and having a face area not larger than three square feet; and

     (4)   Such signs the nature, number, and location of which have been approved in advance by the Architectural Committee;

     (5)   Such signs, the number, type and size of which as may be approved from time to time by Declarant for Developers;

     (6)   Realtor for sale or rent signs not larger than two by three feet square.

R. Declarant's Exemption.  Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents, of structures, improvements or signs necessary or convenient to the development, identification, or sale of property within Lake Ridge, in accordance with its general plan of development previously approved by FHA/VA

S.   Utility Easements.  There is hereby created a blanket easement upon, across, over and under the above described premises for ingress, egress, installation, replacing, repairing and maintaining all utility and service lines and systems, including but not limited to, water, sewers, gas, telephone, electricity, television, cable or communication lines and systems, etc.  By virtue of this easement, it shall  be expressly permissible for the providing utility or service company to install and maintain facilities and equipment on said property and to affix and maintain wires, circuits and conduits on, in and under the roofs and exterior walls of said residences.  Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities or service lines may be installed or relocated on said premises except as initially programmed and approved by the major building of said premises or thereafter approved by the said builder or the Board.  This easement shall in no way affect any other recorded easements on said premises.  This easement shall be limited to improvements as originally constructed.
Each residence shall be subject to an easement for encroachments created by construction, settling and overhangs, as designed or constructed by the original builder.  A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall does exist.  In the event the residence is partially or totally destroyed, and then rebuilt, the Owners agree that minor encroachments of parts of the adjacent residence due to construction shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist.  Anything herein to the contrary notwithstanding, any such encroachment shall not exceed one (1) foot.

T.  Party Walls.  The rights and duties of Owners with respect to Party Walls or Party Fences shall be as follows:
     
     (1)  The Owners of contiguous lots who have a Party Wall or Party Fence shall both equally have the right to use such wall or fence, provided that such use by one owner does not interfere with the use and enjoyment of same by the other owner.

     (2) In the event that any Party Wall or Party Fence is damaged or destroyed through the act of an Owner or any of his agents or guests or members of his family (whether or not such act is negligent or otherwise culpable), it shall be the obligation of such Owner to rebuild and repair the Party Wall or Fence without cost to the other adjoining lLot Owner or Owners.
      
     (3) In the event any such Party Wall or Party Fence is destroyed or damaged (including deterioration from ordinary wear and tear and lapse of time), other than by the act of an adjoining Owner, his agents, guest or family, it shall be the obligation of all Owners whose lots adjoin such wall or fence to rebuild and repair such wall or fence at their joint and equal expense.
      
     (4) Notwithstanding anything to the contrary herein contained, there shall be no impairment of the structural integrity of any Party Wall without the prior consent of all Owners of any interest therein, whether by way of easement or in fee.
     
     (5) In the event of a dispute between Owners with respect to the construction, repair or rebuilding of a Party Wall or Party Fence, or with respect to the sharing of the cost thereof, such adjoining Owners shall submit the dispute to the Board of Directors of the Association, the decision of which shall be binding.

____________________________________________________________________________

Section 3.  Permitted Uses and Restrictions - Common Area.  The permitted uses and restrictions for Common Areas shall be as follows:
    
A.  Maintenance by Association.  The Association may, at any time, as to any Common Area, conveyed, leased, or transferred to it, or otherwise placed under its jurisdiction, in the discretion of the Board, without any approval of the Owners being required:
         
    (1)   Reconstruct, repair, replace or refinish any improvement or portion thereof upon any such area (to the extent that such work is not done by a governmental entity, if any, responsible for the maintenance and upkeep of such work is not done by a governmental entity, if any, responsible for the maintenance and upkeep of such area) in accordance with (a) the last plans thereof approved by the Board of Directors, (b) the original plans for the improvement, or (c) if neither of the foregoing is applicable and if such improvement was previously in existence, then in accordance with the original design, finish or standard of construction of such improvement as same existed; 
         
    (2)   Construct, reconstruct, repair, replace or refinish any road improvement or  surface upon any portion of such area used as a road, street, walk, driveway, parking area, and waterfront facilities.

    (3)   Replace injured and diseased trees or other vegetation in any such area, and plant trees, shrubs and ground cover to the extent that the Board deems necessary for the conservation of water and soil and for aesthetic purposes, and

   (4)   Place and maintain upon any such area such signs as the Board of Directors may deem appropriate for the proper identification, use and regulation thereof.

   (5)   Do all such other and further acts which the Board of Directors deems necessary to preserve and protect the property and the beauty thereof, in accordance with the general purposes specified in this Declaration.

   (6)   The Board shall be the sole judge as to the appropriate maintenance of all grounds within the Common Area.

B.  Damage or Destruction of Common Area by Owners.  In the event any Common Area,  including, but not limited to, trees, shrubbery and vegetation, is damaged or destroyed by an Owner or any of his guest, tenants, licensees, agents or members of his family, such Owner does hereby authorize the Association to repair said damaged area, and the Association shall so repair said damaged area in good workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Association in the  discretion of the Association.  The amount necessary for such repairs shall be paid by said Owner, upon demand, to the Association and the Association may enforce collection of same in the same manner as provided elsewhere in this Declaration for collection and enforcement of assessments.

Section 1.  Organization.

A.    The Association.  The Association is a nonprofit Virginia nonstock corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws Laws, and this Declaration.  Neither the Articles nor Bylaws Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.

B.     Subsidiary Associations.  The Association shall have the right to form one or more subsidiary associations, for any purpose or purposes deemed appropriate by the unanimous vote of the Board.  Without limiting the generality of the foregoing, one or more subsidiary associations may be formed for the operation and maintenance of any specific area located within Lake Ridge and for the operation of a golf and tennis club.  However, such subsidiary associations shall be subject to this Declaration and may not take any action to lessen or abate the rights of the homeowners herein.

C.     Board of Directors and Officers.  The affairs of the Association shall be conducted by a Board of Directors and such Officers as the Directors may elect or appoint, in accordance with the Articles and the Bylaws Laws, as same may be amended. from time to time.

D.    Association General Manager.  There shall be a manager of the Association.  The General Mmanager shall be the chief administrative officer of the Association, subject to actions adopted by the Board. of Directors.  The General Mmanager shall annually prepare a proposed budget for the Association, and, upon its approval by the Board of Directors, shall have authority to spend the sums appropriated subject to board approved procedures.  The General Mmanager shall be responsible for any funds of the Association received, for the keeping of the accounting records and the preparation of financial statements in accordance with forms and procedures prescribed by the secretary-treasurer and approved by the board of directors. generally accepted accounting practices.   The General Mmanager shall provide a furnish the secretary-treasurer with periodic  financial report and other reports as statements as may be requested by the Boardsecretary-treasurer.  The General Mmanager shall appoint and discharge employees of the Association and shall fix their respective compensation within the limits required by the budget.  The General Mmanager may enter into agreements and contracts on behalf of the Association subject to policies established by the Bboard of directors and shall perform other duties conferred upon him the General Manager by the Bboard. of directors.

Section 2.        Power and Duties of the Association.  The Board of Directors of the Association shall have such rights, duties and powers as set forth in the Articles and Bylaws Laws, as same may be amended from time to time, provided such are not in conflicttravention of with this Declaration.

Section 3.        The Lake Ridge Rules and the Book of Resolutions.  By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this Declaration adopt, amend, and repeal rules and regulations to be known as the 'Lake Ridge Rules".  The Lake Ridge Rules will govern the use of any common area by any Owner, by the Family of such Owner, or by any invitee, licensee or lessee of such Owner, provided, however, that the Lake Ridge Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Article or By-Laws.  A copy of the Lake Ridge Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and may be recorded.  Upon such recordation, said Rules shall have the same force and effect as if they were set forth in and were part of the Declaration.  The Lake Ridge Rules shall be kept at the Association office in the Book of Resolutions which identify the time, place, resolution and Board members involved in such action.  The Book of Resolutions shall contain all the actions of the Board relating to governing, operating and managing policies of a general enabling and requirement nature.  The Association shall upon request by any Member and for a reasonable cost, make available copies of the Book of Resolutions.

Section 3.   Lake Ridge Rules and Regulations.   The Board shall have the power to adopt, amend and repeal Rules and Regulations restricting and regulating the use and enjoyment of the Property or of any portion thereof, which may supplement, but may not be consistent with the provisions of the Governing Documents. The Board may issue temporary or permanent exceptions for good cause shown, in accordance with these procedures set forth in these Governing Documents. The Board may record the Rules and Regulations. Upon recordation, the Rules and Regulations shall have the same force and effect as if the Rules and Regulations were set forth in the Declaration. 

Section 4.  Personal Liability.  No member of the Board of Directors or any Committee of the Association, or any officers of the Association, or the Manager, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, the Board, the General Manager, or any other representative or employees of the Association, or the Architectural Committee, or any other Committee, or any officer of the Association, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith, without willfull or intentional misconduct.

ARTICLE VII, COVENANT FOR MAINTENANCE ASSESSMENTS AND OTHER CHARGES

  Section 1. Enforcement

      A. Section 1. Creation of the Lien and Personal Obligation of Reserve Contributions, Assessments and Fees.  The Declarant, for each Lot owned within Lake Ridge, hereby covenants, and eEach Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: 

   (1)  Reserve contributions in accordance with Section 2

   (21) Aannual assessments or charges, and

   (3)  Subdivision assessments

  (42) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.  The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made.  Each such assessment, together with interest. costs, and reasonable attorney's fees,

   (5) Service assessments for services provided

   (6) Other fees and charges including but not limited to collection related costs, interest on delinquent payments, fees for preparation of assessment disclosure packets, fees for use of recreational facilities or events, late fees for reserve contributions, covenants violations, maintenance violations, etc.

    (7) Charges for any violations of the declaration, architectural guidelines or rules and regulations (association governing documents)

   (8) Late charges for assessment delinquencies.  All such contributions, assessments, fees and charges shall be a charge on the land and shall be a continuing lien upon the property against which each is made. Each shall also be the personal obligation of the person who was the Owner of such Property at the time when the assessment these contributions, assessments, fees, or charges came due. fell due.  The personal obligation for delinquent assessments shall not pass to his successor in title unless expressly assumed by them.

Section 2.   Purpose of Assessments.  The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in Lake Ridge and for the improvement and maintenance of the Common Area. [addressed in Section 2, para. B of amendment]         

Section 3.    Maximum Annual Assessment.  Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be as follows for each class as designated:

Class A - eighty dollars ($80.00)

Class B - an amount equal to Class A Assessment less the per Residential Lot cost of trash collection, providing trash collection services are provided Lot Owners from assessment revenues.  Class B membership for a Lot upon which in constructed a Multi-family Structure for rental purposes shall be deemed in effect for that Lot upon the occupation of the first Living Unit.  The number of votes and the basis for Class B assessments upon such Lot shall be determined by the number of units occupied during the initial rental period.  Upon the occupation by residents of seventy-five percent (75%) of such units upon such Lot, the number of votes and basis for assessment shall be determined by the total number of living units built upon such Lot irrespective of such living units being unoccupied from time to time.

Class C - an amount equal to Class B assessment for each 10,000 square feet of land area devoted to commercial or industrial purposes.

Class D - shall pay 25% of the Class A assessment on any vacant lot or lot superimposed with an unsold, unoccupied residential structure.

Class E - such amount as is determined by the proportionate share for each Owner of a Lot within a Section (as heretofore defined) for the proper maintenance of the areas and items described in Article VI, Section 3.  Each Section shall be computed individually, funds collected from the respective Sections shall be deposited in separate accounts with thirty (30) days of collection and thereafter not co-mingled with any other funds.  The Association shall submit a financial report annually setting forth all revenues and expenditures in addition to a budget projecting estimated costs in the next year for all maintenance operations as apply.

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 each year not more than five (5%) percent above the maximum assessment for the previous year without a vote of the membership.

From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may increased above five (5%) percent by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.

The Board may fix the annual assessment at an amount not in excess of the maximum.

  Section 4. Special Assessment 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 purposes of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, 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. [addressed in Section 2, para. D of amendment]

Section 5.  Notice and Quorum For Any Action Authorized under Section 3 and 4.  Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting.  At the first such meeting called, the presence of  members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum.  If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.  No such subsequent meeting shall be held more than 60 days following the preceding meeting.

Section 6.  Uniform Rate of Assessment.  Both annual and special assessments must be fixed at a uniform rate for all Lots within each class of membership or each Section encompassing Class E membership and may be collected on a monthly, or quarterly, or annual basis.  However, the amount of assessment in any one year and from year to year may vary between developed and improved Lots, between Single Family Area and a Multiple Family Area (including apartments and condominiums, and between Single or Multiple Family Areas and areas devoted to other uses).[addressed in Section 2, para. G]

B.Section 7.  Date of Commencement of Annual Assessments:  Due Dates.  The annual assessments provided for herein shall commence as to all recorded Lots within a Section of the first day of the month following the conveyance of the Common Area within that Section.  The first annual assessments shall be adjusted for new homeowners according to the number of months remaining in the calendar year after the date of settlement or purchase.  The Board shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.  Written notice of the annual assessment shall be sent to every Owner subject thereto.  The due dates shall be established by the Board. of Directors.  The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.

  C.Section 8.  Effect of Nonpayment of Assessments:  Remedies of by the Association.  Each Owner of any Lot shall be deemed to covenant and agree to pay to the Association the assessments provided for herein, and agrees to the enforcement of the assessments in the manner herein specified. In the event the Association employs an attorney or attorneys for collection of any assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, or for any other purpose in connection with the breach of this Declaration, each Owner and Member agrees to pay reasonable attorney's fees and costs thereby incurred in addition to any other amounts due or any other relief or remedy obtained against said Owner or Member.  In the event of a default in payment of any such assessment when due, in which case the assessment shall be deemed delinquent, and in addition to any other remedies herein or by law provided, the Association may enforce each such obligation in any manner provided by law or in equity, or without any limitation of the foregoing, by either or both of the following procedures:

        (1)A.  Enforcement by Suit.   The Board may cause a suit at law to be commenced and maintained in the name of the Association against an Owner or Member to enforce each such assessment obligation.  Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the rate of determined by the court. six percent (6%)  per annum from the date of delinquency, court costs, and reasonable attorney's fees in such amount as the Court may adjudge against the delinquent Owner or Member.

         (2)B.   Enforcement by Lien.  There is hereby created a claim of lien, with power of sale, on each and every Lot within Lake Ridge to secure payment to the Association of any and all assessments levied against any and all Owners of such Lots under the Declaration,Lake Ridge Restrictions, together with interest thereon at the rate determined by the court.of six percent (6%) per annum from the date of delinquency, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorney's fees.  At any time within ninety days after the occurrence of any default in the payment of any such assessment, the Association, or any authorized representative may, but shall not be required to, make a written demand for payment to the defaulting Owner, on behalf of the Association.  Said demand shall state the date and amount of the delinquency.  Each default shall constitute a separate basis for a demand or claim of lien or a lien, but any number of defaults may be included within a single demand or claim of lien.  If such delinquency is not paid within ten days after delivery of such demand, or even without such a written demand being made, the Association may elect to file such a claim of lien on behalf of the Association against the Lot of the defaulting Owner.  Such a claim of lien shall be executed and acknowledged by any officer of the Association, and shall contain substantially the following information:

       1) The name of the delinquent Owner; 

       2) The legal description and street address of the lot against which claim of lien is made; 

       3) The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs, and reasonable attorney's fees (with any proper offset allowed);

       4) That the claim of lien is made by the Association pursuant to Lake Ridge  Restrictions; and

       5) That a lien is claimed against said Lot in an amount equal to the amount stated.

Upon recordation of a duly executed original or copy of such a claim of lien, and mailing a copy thereof to said Owner, the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Lot against which such Assessment was levied.  Such a lien shall have priority over all liens or claims created subsequent to the recordation of the claim of lien thereof, except only tax liens for real property taxes on any Lot, assessments on any Lot in favor of any municipal or other governmental assessing unit, and the liens which are specifically described in Section 9 hereinafter.  Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a realty mortgage or trust deed as set forth by the laws of the State of Virginia, as the same may be changed or amended.  The lien provided for herein shall be in favor of the Association and shall be for the benefit of all other Lot Owners.  The Association shall have the power to bid in at any foreclosure sale and to purchase, acquire, hold, lease, mortgage, and convey any Lot.  In the event such foreclosure is by action in court, reasonable attorney's fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the extent permitted by law.  Each Owner, by becoming an Owner of a Lot in Lake Ridge, hereby expressly waives any objection to the enforcement and foreclosure of this lien in this manner.

          (3)  Authority to Sign on Behalf of the Association.  The General Manager shall have authority to sign liens on behalf of the Association in accordance with the Code of Virginia, Property Owners' Association Act. The General Manager shall also have authority to sign suits on behalf of the Association.

  D.  Late Charges for Delinquency. Assessment payments not received by the Assocation fifteen days after the quarterly due date are late. A late charge in an amount set by the Board shall automatically be added to the account. If the account remains delinquent as of thirty days after the due date, another late charge shall be added to the account. The late charges shall be part of the continuing lien established in Article VII of the Declaration and the personal obligation of the Owner of the Property as of the date the assessment was due.

  E.   Loss of Rights Due to Delinquency: No Lot Owner may vote at any meeting of the Assocation, receive services offered by the Association or be elected or appointed to serve on the Board or any Association committee if payment by such Lot Owner of any financial obligation to the Association is delinquent more than sixty days and the amount necessary to bring the account current has not been paid at the time of such meeting, election or appointment. Association services that may be suspended include architectural application review and use of Association facilities.

  F. Acceleration:  Assessments against Owners are payable in installments as determined by the Board of Directors.  Upon adefault by an Owner in the timely payment of an  installment, and the installment becomes 60 days past due, the maturity of the remaining total of the unpaid installments of such Assessment will be accelerated, and the entire balance of the Assessment will be declared due and payable in full by notice to the defaulting Owner.  If an Owner is delinquent in payment of Assessments for a prior fiscal year, the entire Assessment (otherwise payable in installments) shall be due and payable in full when assessed, upon receipt of notice of such Assessment by the defaulting Owner.

  G.  Foreclosure:  The lien for Assessments may be enforced and foreclosed in any manner permitted by the laws of the jurisdiction in which the Lot is located. Any such sale provided for herein is to be conducted in accordance with the provisions of Section 55-516I of the Act, Sections 55-59.1 through 55-59.4 of the Code of Virginia (1950), as amended, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted or provided by law.  During the pendency of any such action to enforce the Association lien, the Owner shall be required to pay a reasonable rental for the Lot for any period prior to sale pursuant to any judgment or order of any court having jurisdic�tion over such sale.  The plaintiff in such proceeding shall have the right to the appointment of a receiver, if available under the laws of the jurisdiction.  The Association shall also have the power to bid on the Lot at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with such Lot.

  H. Remedies Cumulative:  A suit to recover a money judgment for unpaid Assessments may be maintained without fore�closing or waiving the lien securing the same, and a foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment.

  I. Section 9.  Subordination of the Lien to Mortgagees Protection.  Notwithstanding any other provision hereof to the contrary, Tthe lien of any the assessments levied pursuant to the Association Documents upon any Lot (and any charges, interest on assessments, late charges or the like)  provided for herein shall be subordinate to, and shall in no way affect the rights of the holder of a Mortgage made in good faith for value received; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to the sale or transfer of such Lot pursuant to foreclosure or any proceeding in lieu of foreclosure. Such sale or transfer shall not relieve the holder of the Mortgage or the purchaser of the Lot at such sale from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment, which lien shall have the same effect and be enforced in the same manner as provided herein. Nothwithstnding any other provision of this Declaration, to the extent specifically permitted by Virginia statute in the future, the Association's lien shall prime a Mortgage to the extent of six-months worth of assessments which would have become due (based on the budget adopted by the association)  in the absence of acceleration during the six months immediately preceding perfecti of the lien.the lien of any first and/or second mortgage.  Sale or transfer of any Lot shall not effect the assessment lien.  However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lien thereof, shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer.  No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

J. Supplemental Enforcement of the Lien.  In addition to the proceedings at law or in equity for the enfor�ce�ment of the lien established by the Association Documents, all of the Owners may be required by the Board of Directors to execute bonds conditioned upon the faithful perfor�mance and payment of the installments of the lien established thereby and may likewise be required to secure the payment of such future obligations by recording a declaration of trust in the Land Records granting one or more trustees appropriate powers to the end that, upon default in the performance of such bond, such declaration of trust may be foreclosed by such trustees acting at the direction of the Board of Directors.  If any such bonds, have been executed and such declaration of trust is recorded, then any subsequent purchaser of a Lot shall take title subject thereto and shall assume the obligations provided for therein.

 Section 2. Types of Assessments and Other Charges

     A. Reserve Contribution. Upon transfer of ownership of a lot, through sale, foreclosure, or other means (including a transfer of ownership with no exchange of money), the purchaser shall be responsible for payment of a reserve contribution in such amount as determined by the Board. The reserve contribution shall be due and payable to the Association at the time of settlement on the lot.

    B. Section 2. AnnualPurpose of Assessments.  The annual assessments shall be used for the improvement and maintenance of the common area and the amentities and facilities thereon. The assessment levied by the Association shall be used exclusively to:

           (1) Carry out the purposes for which the Association was organized

           (2) Protect the value and desirability of the real property

           (3) Ppromote the recreation, health, safety, and welfare of the residents in Lake Ridge and for the improvement and maintenance of the Common Area.

          Class B (multi-family structures, such as apartments) lots shall pay the equivalent of Class A lots (single family, townhomes and condos) for each living unit included therein. Class C or commercial properties shall pay the equivalent of one annual Class A assessment for each 10,000 square feet of land owned, or a proportion thereof for lesser parcels of land. The Board shall set the amount of annual assessment and all other assessments as part of the annual budget process. Assessments will be based upon the needs of the community as determined by the Board.

   C. Subdivision or Neighborhood Assessments. These assessments are for limited common expenses shared by lots within only one neighborhood. Subdivision assessments shall be charged to Class E members, or those owners of lots that encompass street and parking areas owned by the Association and for the primary use by such members. These assessments will be used solely for the benefit of the assessed subdivision or neighborhood.

   D. Section 4.   Special Assessments for Capital Improvements.  In addition to the annual assessments authorized above, the Association The Board may levy, in any assessment year, a special assessments in addition to the annual assessment  applicable to that year only for the purposes of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or Common Area amenities and facilities, including fixtures and personal property related thereto., provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

  E. Service Assessments.  The Board shall have authority to assess lots for services, including but not limited to trash removal. These may include assessments for limited common expenses, benefitting one or more but less than all of the owners and assessed against the lots benefited; or may include assessments for expenses benefiting all Lot owners.

  F. Other Fees and Charges. The Board may authorize the levy of other fees and charges. These may include collection related costs, interest on delinquent payments, fees for preparation of association disclosure packets, fees for use of recreation facilities or association events, administrative fees related to covenant violation notifications and inspections, and late fees related to reserve contributions, covenants violations, common area violations, etc.

  G. Section 6.  Uniform Rate of Assessment.  Both annual and special aAssessments must be fixed at a uniform rate for all Lots within each class of membership; or each Section individually for each subdivision or each Section encompassing Class E membership (subdivision assessments) and may be collected on a monthly, or quarterly, or annual basis.  However, the amount of assessment in any one year and from year to year may vary between developed and improved Lots, between Single Family Area and a Multiple Family Area (including apartments and condominiums, and between Single or Multiple Family Areas and areas devoted to other uses).

  H. Exemption of Assessments for "Not-For-Profit" Organizations. The "not-for-profit" status of a member (and thus the potential 'exemption' of an Association member from paying assessments) is consistent with the exemption practices of Prince William County for property taxes in accordance with zoning ordinances and classifications published in the public records of the Real Estate Assessment Office. In those cases where assessments have been collected by the Association in prior years and a retroactive exemption status is obtained by the member, the exemption shall not be deemed to be retroactive to prior years for the purposes of refunding the prior period assessment payments.

ARTICLE VIII, ARCHITECTURAL CONTROL

Section 1.           Organization, Power of Appointment and Removal of Members.  There will shall be an Architectural Committee, organized as follows:

A. Committee Composition.  The Architectural Committee shall consist composed of three five regular members, appointed by the Board. and two alternate members.  None of such members shall be required to be an architect or to meet any other particular qualifications for membership. A member need not be, but may be, a A member of the Board shall not be a member of the Architectural Committee. of Directors or an officer of the Association. 

B. Alternate Members.  In the event of the absence or disability of one or two regular members of said Committee, the remaining regular member or members, even though less than a quorum, may designate either or both of the alternate members to act as substitutes for the absent or disabled regular member or members for the duration of such absence or disability.

C. Initial Members.  The following persons are hereby designated as the initial members of the Architectural Committee:

                        Office No. 1 - Alan L. Inabinet

                        Office No. 2 - Kenneth O. Thompson

                        Office No. 3 - Joseph Gammon

                        Office No. 4 - Bernard D. Cooper

                        Office No. 5 - James E. Miller

A.D. Terms of Office.  Unless the initial members of the Architectural Committee have resigned or been removed, their terms of office shall be for three years.the periods of time indicated below, and until the appointment of their respective successors:

                        1. The term of Office No. 1 shall expire January 1, 1975;

                        2. The term of Office No. 2 shall expire January 1, 1974;

                        3.The term of Office No. 3 shall expire January 1, 1973;

                        4. The term of Office No. 4 and Office No. 5 shall both expire January 1, 1974.

                        Thereafter the term of each Architectural Committee member appointed shall be for the period of three  years and until the appointment of his successors.  Any new member appointed to replace a member who has resigned or been removed shall serve such member's unexpired term.  Members who have resigned, been removed or whose terms have expired may be reappointed.

B.E. Appointment and Removal.  The Board will have authority right to appoint and remove all regular and alternate members of the Architectural Committee, at any time, shall be and is hereby vested solely in the Board of Directors, provided, however, that no regular or alternate member may be removed from the Architectural Committee by the Board of Directors except by the vote or written consent of four-fifths of all of the members of the Board. of Directors.  Exercise of the right of appointment and removal, as set forth herein, shall be evidenced by the Recordation of a declaration identifying each new regular or alternate member appointed to the Committee and each  regular or alternate member replaced or removed therefrom. Architectural Committee members will be Association members in Good Standing.

F. Resignations.  Any regular alternate member of the Architectural Committee may at any time resign from the Committee by giving written notice thereof to Declarant or to the Board of Directors, whichever then has the right to appoint Committee members.

G. Vacancies. Vacancies on the Architectural Committee however caused shall be filled by the Declarant or the Board of Directors, whichever then has the power to appoint Committee members. A vacancy or vacancies on the Architectural Committee shall be deemed to exist in case of the death, resignation or removal of any regular or alternate member.

Section 2.  Authority Duties.  The Architectural Committee may adopt, amend and repeal the Architectural Guidelines. The Guidelines will be consistent with the Lake Ridge Restrictions and set forth the standards and procedures for Architectural Committee review and guidelines for design, including but not limited to, placement, landscaping, color schemes, finishes, materials and similar features. It shall be the duty of tThe Architectural Committee will to consider requests for exceptions to and set upon any and all proposals or plans submitted to it pursuant to the terms hereof, to adopt Architectural Committee Rules Guidelines, will to perform other duties delegated to it by the Board, of Directors, and to and will carry out all other duties as specified in the Architectural Committee Guidelines. imposed upon it by Lake Ridge Restrictions. The Architectural Committee may delegate the responsibility of the initial review process and site inspections to the Association staff.   

Section 3. Meetings and Compensation.  The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder.  Subject to the provisions of Paragraph B of Section 1 above, tThe vote or written consent of any two regular three members at a meeting or otherwise, shall will constitute the act of the Committee unless the unanimous decision of the Committee is required by any other provision of Lake Ridge Restrictions.  The Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise.  Members of the Architectural Committee shall not be entitled to compensation for their services.

Section 4. Architectural Committee Rules.  The Architectural Committee may, from time to time and in its sole and absolute discretion, adopt, amend and repeal, by unanimous vote or written consent, rules and regulations, to be known as "Architectural Committee." Said Rules shall interpret and implement the Lake Ridge Restrictions by setting forth the standards and procedures for "Architectural Committee"  review and the guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use in Lake Ridge. (some of above language has been incorporated into Section 2 of this Article.)

Section 5. Waiver.  The approval of the Architectural Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Committee under Lake Ridge Restrictions, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing specification or matter subsequently submitted for approval

Section 4.6.  Liability. Neither tThe Architectural Committee nor any member of the committee  thereof shall will be liable to the Association,any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed. on account of (a) the approval or disapproval of any plans, drawings, or specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approval plans, drawings and specifications, (c) the development of any property within Lake Ridge, or (d) the execution and filing of any estoppel certificate, whether or not the facts therein are correct; provided, however, that with respect of the liability of a member, such member has acted in good faith on the basis of such information as may be possessed by him.  Without in any way limiting the generality of any of the foregoing provisions of this Section, the Architectural Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural Committee.

Section 5.7. Time for Approval. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) forty-five days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.