Articles of Incorporation  Amended and Restated  May 9 2012.doc

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.

(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.

            Section 3. Utility Easements.   A blanket easement is reserved upon, across, over and under the Property  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.  By virtue of this easement,  the utility or service company is expressly permitted to install and maintain facilities and equipment on the  Property 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.  This easement shall in no way affect any other recorded easements.   

Each Lot is subject  to an easement for encroachment.  In the event a residence on a lot is partially or totally destroyed, and  rebuilt,  minor encroachments  are permitted. The Lot is subject to an  easement for  encroachment and  maintenance.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 RESTRICTIONS

                 All 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  as amended  from time to time.  This Declaration is in furtherance of a general plan for the subdivision, improvement and sale of Property and is established for the purpose of enhancing and perfecting the value, desirability and attractiveness of the Property.  This Declaration shall run with the land for all purposes and shall be binding upon and inure to the benefit of the Association, all Owners and their successors in interest.

ARTICLE IV, USE OF THE PROPERTY

Section 1.   Permitted Uses.  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. Residential Use.   Lots designated residential shall be used, improved and devoted exclusively to  residential use.   Nothing herein shall be deemed to prevent the leasing of  Lots  from time to time by the Owner,  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.

B. Animals.   No animals, birds, fowl, poultry, or livestock, other than a reasonable number of generally recognized  domestic pets,  will be maintained on any property within Lake Ridge. No animals will be  kept for commercial purposes.    No structure for the care, housing or confinement of any animal  will 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  a particular animal is a generally recognized  domestic pet or  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.  Exterior antenna, satellite dishes or similar exterior improvements maintained upon the property shall comply with the Architectural Guidelines.

D. 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  shall be made  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.  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  may not  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 Lot Owner 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  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.

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.
    (1)  By Owner. Each Owner of a Lot within Lake Ridge shall keep all shrubs, trees, grass and plantings  on the Lot, including set back areas, planted areas between adjacent sidewalks and the street curb, if any, and any other area located between the boundary line of the Lot  and the street or other property (public or private), neatly trimmed, properly  maintained and free of trash, weeds and other unsightly material. The Association or its authorized agents  have the right at any reasonable time to enter upon any Lot  to plant, replace, and maintain shrubs, trees, grass or other plantings at the expense of   the Owner.

(2) By the Association.  The Association or its authorized agents  have the right to plant, replace, and maintain e shrubs, trees, grass and plantings on the Common Area and on such easements as granted to  Association. .  No Owner shall remove, alter,  damage or interfere  with any shrubs, trees, grass or plantings on the Common Area  without the prior written consent of the Association.

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.

J.  Nuisances.  No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any  Lot within Lake Ridge,  so as to render any such property or any portion thereof unsanitary, unsightly, odiferous, offensive or detrimental.   No exterior speakers, horns, whistles, bells or other sound devices, except  devices used exclusively for security purposes, shall be located, used or placed on a Lot.  The Board in its sole discretion shall have the right to determine the existence of any such nuisance.

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. Trash Containers and Collection.  Trash storage and collection shall be in accordance with the Architectural Guidelines. No garbage or trash shall be placed, kept or stored on any Lot except in covered containers of a type, size and style which are approved by the Architectural Committee.    All rubbish, trash, and garbage shall be removed from the Lots and shall not be allowed to accumulate.   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. Clothes Drying Facilities.  Permanent outside clothes lines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any property.

N.  Encroachments. No tree, shrub, or planting on a Lot  shall  overhang or otherwise  encroach upon any sidewalk, street, pedestrian way or other area  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.  Right of Way.  During reasonable hours,  persons authorized by the Board of Directors  have the right of access over and through  any part of the exterior of a Lake Ridge property in the exercise and discharge of their duties and responsibilities.  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*�. Persons 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.  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  the Association may require for the operation and maintenance of Lake Ridge.

R. 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.   Prince William County ordinance establishes the number of occupants on a Lot.

S.  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.

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 Lot 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.

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.

ARTICLE V

THE LAKE RIDGE PARKS AND RECREATION ASSOCIATION                                                                   

            Section 1.  Organization.

A.    The Association.  The Association is a Virginia nonstock corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws, and this Declaration.  Neither the Articles nor Bylaws  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, as  amended.

D.     General Manager.    The General Manager shall be the chief administrative officer of the Association, subject to actions adopted by the Board.  The General Manager shall annually prepare a proposed budget for the Association, and, upon its approval by the Board, shall have authority to spend the sums appropriated subject to board approved procedures.  The General Manager 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  generally accepted accounting practices.   The General Manager shall provide a   periodic  financial report and other reports as  requested by the Board.  The General Manager shall appoint and discharge employees of the Association and shall fix their respective compensation within the limits required by the budget.  The General Manager may enter into agreements and contracts on behalf of the Association subject to policies established by the Board and shall perform other duties conferred upon  the General Manager by the Board.

Section 2.  Power and Duties of the Association.  The Board  shall have such rights, duties and powers as set forth in the Articles and Bylaws , as  amended , provided such are not in conflict with this Declaration.

 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 VI

MEMBERSHIP AND VOTING RIGHTS

            Section 1.  Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

           Section 2.   The Association shall have four classes of voting membership.

                      Class A.  Class A members shall be all Owners of single family, condominiums and townhouse lots, and shall be entitled to one vote for each Lot owned.  When more than one person holds an interest in any Lot, all such persons shall be members.  The vote for such Lot shall be exercised as they among themselves determine.

                           Class B.  The Class B member(s) shall be all Owners of Lots upon which are built multi family structures (apartments) and shall be entitled to one vote for each Living Unit constructed thereupon. The vote as expressed by any such Owner, to be voted in a bloc, shall not exceed 10% of the vote on any matter pending before the Association.

       Class C.  Class C members shall be all those Owners of commercial and industrial properties encompassed by the Properties as hereinbefore described.  Class C members shall be entitled to two (2) votes for every 10,000 square feet of building structure devoted to commercial purposes.

Section 3.  The corporation shall have one additional class of non-voting members:

      Class D.  Class D members (primarily townhouses) shall be all those owners of lots within a  subdivision as heretofore defined which encompass street and parking areas owned by the Association and for the primary use by such members. This class shall as to voting rights vote as Class A members.  The Association shall collect from Class D members such assessments as more particularly described in Article VII and shall be the entity responsible for the maintaining of all the heretofore mentioned Association owned streets and parking, including related sidewalks, curb and gutter, street lights and similar improvements.

ARTICLE VII

 ASSESSMENTS AND OTHER CHARGES

             Section 1. Enforcement

              A.  Creation of Lien and Personal Obligation of Reserve Contributions, Assessments and Fees.  Each Owner of any Lot by acceptance of a deed therefore, whether or not expressed in such deed, is deemed to covenant and agree to pay  the Association: 

                    (1)  Reserve contributions in accordance with Section 2

                    (2) Annual assessments

                    (3)  Subdivision assessments

         (4) Special assessments  

                    (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   these contributions, assessments, fees, or charges came due.

                B.  Date of Commencement of Assessments:  The assessments shall be adjusted for new homeowners according to the number of months remaining in the year after the date of settlement or purchase.  The Board shall fix the amount of the 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.

   C.   Nonpayment of Assessments:  Remedies 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 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 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)  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  to enforce each such assessment obligation.  Any judgment rendered in any such action shall include the amount of the delinquency, together with interest  at the rate  determined by the court.

(2)   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, together with interest  at the rate determined by the court.                                                      

(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 jurisdic­tion 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 fore­closing 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.   Subordination  Mortgagee Protection.  Notwithstanding any other provision hereof to the contrary, the lien of any  assessment levied pursuant to the Association Documents upon any Lot (and any charges, interest on assessments, late charges or the like)  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.

J. Supplemental Enforcement of the Lien.  In addition to the proceedings at law or in equity for the enfor­ce­ment 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 perfor­mance 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.  Annual Assessment.  The annual assessment 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) Promote the recreation, health, safety, and welfare of the residents in Lake Ridge

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. Special Assessments.   The Board may levy special assessments in addition to the annual assessment  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.

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.   Uniform Rate of Assessment.  Assessments must be fixed at a uniform rate for all Lots within each class of membership; or individually for each subdivision or each Section encompassing Class E membership (subdivision assessments) and may be collected on a  quarterly or annual basis. 

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 be an Architectural Committee composed of  five members, appointed by the Board.  A member of the Board shall not be a member of the Architectural Committee. 

A.  Terms of Office.  Unless the initial members of the Architectural Committee have resigned or been removed, terms of office will be three years.  Any member appointed to replace a member who has resigned or been removed shall serve such member's unexpired term. 

B. Appointment and Removal.  The Board will have authority to appoint and remove all members of the Architectural Committee,   provided, however, that no member may be removed from the Architectural Committee by the Board except by the vote or written consent of the Board.  Architectural Committee members will be Association members in Good Standing.

Section 2. Authority 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. The Architectural Committee will consider requests for exceptions to Architectural Committee Guidelines, will  perform other duties delegated to it by the Board, and will carry out all other duties as specified in the Architectural Committee Guidelines.  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.  The vote or written consent of any three members at a meeting or otherwise, 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.  Liability.  The Architectural Committee nor any individual member of the committee will be liable for any damage, loss or prejudice suffered or claimed.

Section 5.  Time for Approval. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within 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.