You are on page 1of 76

SCANNED FROM

ORIGINAL

HERITAGE KNOLL BYLAWS


TABLE OF CONTENTS

Section

Topic

Heritage Knoll Bylaws

Amendment to the Bylaws

3.

Resolutions to the Bylaws

HKC BYLAWS - HKC WEBSITE 2002

!1

SCANNED FROM
ORIGINAL

SECTION 1
Heritage Knoll Bylaws

HKC BYLAWS - HKC WEBSITE 2002

!2

SCANNED FROM
ORIGINAL

REVISED AND RESTATED BYLAWS OF THE


HERITAGE KNOLL CONDOMINIUM UNIT OWNERS ASSOCIATION
- TABLE OF CONTENTS
Article

Section

Page

1.GENERAL
1.1.
1.2.
1.3.
1.4.

Applicability. . . . . . . . . . . . . . . . . .1
Name and Mailing Address . . . . . . . . . . . .1
Membership. . . . . . . . . . . . . . . . . . . 1
Purpose. . . . . . . . . . . . . . . . . . . . .1

2.DEFINITIONS
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
2.10.
2.11.
2.12.
2.13.
2.14.
2.15.

Board. . . . . . . . . . . . . . . . . . . . . .2
Bylaws. . . . . . . . . . . . . . . . . . . . . 2
Common Elements. . . . . . . . . . . . . . . . .2
Common Expenses. . . . . . . . . . . . . . . . .2
Condominium. . . . . . . . . . . . . . . . . . .3
Condominium Instruments. . . . . . . . . . . . .3
Condominium Plat or Plat. . . . . . . . . . . . 3
Condominium Unit. . . . . . . . . . . . . . . . 3
Declaration. . . . . . . . . . . . . . . . . . .3
Majority. . . . . . . . . . . . . . . . . . . . 3
Officer. . . . . . . . . . . . . . . . . . . . .3
Person. . . . . . . . . . . . . . . . . . . . . 3
Unit. . . . . . . . . . . . . . . . . . . . . . 4
Unit Owner or Owner. . . . . . . . . . . . . . .4
Unit Owners Association or Association. . . . . 4

3.MEETINGS OF THE ASSOCIATION


3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
3.10.
3.11.
3.12.
3.13.

Annual Meetings. . . . . . . . . . . . . . . . .4
Special Meetings. . . . . . . . . . . . . . . . 4
Place of Meetings. . . . . . . . . . . . . . . .5
Notice of Meetings. . . . . . . . . . . . . . . 5
Waiver of Notice. . . . . . . . . . . . . . . . 5
Quorum. . . . . . . . . . . . . . . . . . . . . 5
Adjournment. . . . . . . . . . . . . . . . . . .6
Voting. . . . . . . . . . . . . . . . . . . . . 6
Proxies. . . . . . . . . . . . . . . . . . . . .7
Consents. . . . . . . . . . . . . . . . . . . . 7
Roster of Unit Owners. . . . . . . . . . . . . .7
Order of Business. . . . . . . . . . . . . . . .8
Rules of Order and Conduct of Meetings. . . . . 8

HKC BYLAWS - HKC WEBSITE 2002

!i

SCANNED FROM
ORIGINAL

Article
4.

Section

Page

BOARD OF DIRECTORS
A.Composition and Selection
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.

Number and Qualification. . . . . . . . . . . . 9


Election and Term of Office. . . . . . . . . . .9
Nominations. . . . . . . . . . . . . . . . . . .9
Removal or Resignation. . . . . . . . . . . . . 9
Vacancies. . . . . . . . . . . . . . . . . . . 10
Compensation. . . . . . . . . . . . . . . . . .10
Elections. . . . . . . . . . . . . . . . . . . 10

B.Meetings of the Board of Directors.


4.8.
4.9.
4.10.
4.11.
4.12.
4.13.
4.14.

Organizational Meeting. . . . . . . . . . . . .10


Regular Meetings. . . . . . . . . . . . . . . .11
Special Meetings. . . . . . . . . . . . . . . .11
Waiver of Notice. . . . . . . . . . . . . . . .11
Conduct of Meetings. . . . . . . . . . . . . . 11
Quorum. . . . . . . . . . . . . . . . . . . . .11
Action Without a Meeting. . . . . . . . . . . .12

C.
4.15.
4.16.
4.17.

Powers and Duties.


Powers and Duties. . . . . . . . . . . . . . . 12
Common or Interested Directors. . . . . . . . .15
Management Agent. . . . . . . . . . . . . . . .16

D.
18.
2.

Committees. . . . . . . . . . . . . . . . . . .16

OFFICERS
5.1.
5.2.
5.3.
5.4.
5.5.
5.6.
5.7.

3.

Committees.

Designation. . . . . . . . . . . . . . . . . . 17
Election of Officers. . . . . . . . . . . . . .17
Removal of Officers. . . . . . . . . . . . . . 17
President. . . . . . . . . . . . . . . . . . . 17
Vice President. . . . . . . . . . . . . . . . .17
Secretary. . . . . . . . . . . . . . . . . . . 17
Treasurer. . . . . . . . . . . . . . . . . . . 18

INSURANCE AND RECONSTRUCTION


1.
6.2.
6.3.
6.4.
6.5.

Liability and Indemnification of


Officers and Directors. . . . . . . . . . . . .18
Insurance. . . . . . . . . . . . . . . . . . . 19
Separate Unit Insurance. . . . . . . . . . . . 21
Repair and Reconstruction. . . . . . . . . . . 22
When Reconstruction is Not Required. . . . . . 23

HKC BYLAWS - HKC WEBSITE 2002

i! i

SCANNED FROM
ORIGINAL

Article
7.

Section
MANAGEMENT
7.1.
7.2.
7.3.
7.4.
7.5.

8.

8.3.
8.4.
8.5.
8.6.
8.7.

No Severance of Ownership. . . . . . . . . . . 39
Leases. . . . . . . . . . . . . . . . . . . . .40
Application. . . . . . . . . . . . . . . . . . 41

CONDEMNATION
11.1.
11.2.
11.3.
11.4.

12.

Compliance and Default. . . . . . . . . . . . .32


Authority and Enforcement. . . . . . . . . . . 32
Hearing Procedure . . . . . . . . . . . . . . .33
Prohibited Uses and Nuisances. . . . . . . . . 34
Residential Use. . . . . . . . . . . . . . . . 38
Architectural Standards. . . . . . . . . . . . 38

SALES, LEASES, AND ALIENATION OF UNITS


10.1.
10.2.
10.3.

11.

Purpose of Assessment. . . . . . . . . . . . . 28
Creation of the Lien, Personal
Obligation for Assessments and Default. . . . .29
Acceleration. . . . . . . . . . . . . . . . . .30
Computation of Operating Budget and Assessment.31
Special Assessments. . . . . . . . . . . . . . 31
Specific Assessments. . . . . . . . . . . . . .31
Reserves and Contribution. . . . . . . . . . . 32

USE RESTRICTIONS AND RULE MAKING


9.1.
9.2.
9.3.
9.4.
9.5.
9.6.

10.

Management and Common Expenses. . . . . . . . .24


Management Agent . . . . . . . . . . . . . . . 26
Maintenance and Repair. . . . . . . . . . . . .26
Right of Access. . . . . . . . . . . . . . . . 27
Limitation of Liability. . . . . . . . . . . . 28

ASSESSMENTS
8.1.
8.2.

9.

Page

Definition. . . . . . . . . . . . . . . . . . .42
When Repair and Reconstruction Required. . . . 42
When Reconstruction Not Required. . . . . . . .42
Effect on Percentage Interests of Units. . . . 42

FISCAL MANAGEMENT
12.1.
12.2.
3.
4.

Fiscal Year. . . . . . . . . . . . . . . . . . 43
Books and Records. . . . . . . . . . . . . . . 43
Auditing. . . . . . . . . . . . . . . . . . . .44
Execution of Association Documents. . . . . . .44

HKC BYLAWS - HKC WEBSITE 2002

!iii

SCANNED FROM
ORIGINAL

Article
13.

Section
AMENDMENT
13.1.
13.2.

14.

Page

Amendments. . . . . . . . . . . . . . . . . . .44
Consent of First Mortgagees. . . . . . . . . . 44

MISCELLANEOUS
14.1.
14.2.
14.3.
14.4.
14.5.
14.6.
14.7.
14.8.

Notices Professional Management. . . . . . . . 45


Severability. . . . . . . . . . . . . . . . . .46
Captions. . . . . . . . . . . . . . . . . . . .46
Conflicts. . . . . . . . . . . . . . . . . . . 46
Gender and Grammar. . . . . . . . . . . . . . .46
Waiver. . . . . . . . . . . . . . . . . . . . .46
Notice to Mortgagees. . . . . . . . . . . . . .46
Professional Management. . . . . . . . . . . . 47

HKC BYLAWS - HKC WEBSITE 2002

i! v

SCANNED FROM
ORIGINAL
BYLAWS OF THE HERITAGE KNOLL CONDOMINIUM
UNIT OWNERS ASSOCIATION
Article 1
General
Section 1.1.
Applicability. These Bylaws provide for the
self-government of the Condominium by the Association of all the unit
owners, the Heritage Knoll Condominium Unit Owners Association
(Association), in accordance with the Declaration of Heritage Knoll
Condominium, as first recorded in the County of Fairfax Land Records,
in Deed Book 5591 at Page 88, and thereafter amended, said
Declaration (Declaration), being the Condominium Declaration
applicable to the Heritage Knoll Condominium located in the County of
Fairfax and recorded in accordance with the Condominium Act, Title
55, Chapter 4.2, Section 5579.39, et seq., Code of Virginia (1950,
as amended), (the Act).
Section 1.2.
Name and Mailing Address. The name of the
Association is the Heritage Knoll Condominium Unit Owners Association
(Association). The Associations mailing address is the office of
the Management Agent or such place as may be designated from time to
time by the Board of Directors. The Association may be incorporated
upon resolution of the Board of Directors.
Section 1.3
Membership. A record owner of a unit shall
automatically become a member of the Association upon taking title to
the unit and shall remain a member for the entire period of ownership.
If title to a unit is held by more than one person, the membership
shall be shared in the same proportion as the title, but there shall
be only one (1) membership and the vote appertaining to each unit
shall be as set forth in the Declaration. Membership does not include
persons who hold an interest merely as security for the performance of
an obligation, and the giving of a security interest shall not
terminate the unit owners membership. Membership shall be appurtenant
to the unit to which it appertains and shall be transferred
automatically by conveyance of that unit and may be transferred only
in its entirety. Each member shall notify the Association of each
conveyance of title.
Section 1.4.
Purpose. The Association shall have all of those
powers enumerated in the Act and shall have the responsibility of
administering the Condominium, establishing the means and methods of
collecting the assessments of common expenses, arranging for the
management of the Condominium and performing all the other acts that

!1

SCANNED FROM
ORIGINAL
may be required to be performed by the Association by the Act and the
Declaration. Except as to those matters which the Act or the
Declaration, as amended, specifically require to be performed by the
vote or consent of the Association, the administration of the
foregoing responsibilities is delegated to and shall be performed by
the Board of Directors, as more particularly set forth below in
Article 4.
Article 2
Definitions
Unless the context otherwise requires, the terms used in these
Bylaws and in the Declaration, Articles of Incorporation, if any,
rules, regulations and resolutions are to be consistent with the
meanings ascribed to them in the Declaration and the Virginia
Condominium Act, Title 55, Chapter 4.2, Section 55-79.39, et seq.,
Code of Virginia (1974, as amended) (the Act) and shall have the
following meanings:
Section 2.1.
Board of Board of Directors shall mean the
persons elected in accordance with these Bylaws as the executive organ
of the unit owners association with all the powers and duties set
forth in the Act, the Declaration and these Bylaws.
Section 2.2.
Bylaws are the Bylaws of the Association, as may
be amended and recorded from time to time pursuant to the provisions
of the Act.
Section 2.3.
Common elements or common areas shall mean that
area and property submitted to be part of the Condominium but not
included within the boundaries of a unit as defined in the Declaration
and on the Condominium Plat.
Section 2.4.

Common expenses include:

(a) All expenditures lawfully made or incurred by or on


behalf of the Association; including but not limited to, expenses of
operation, administration, maintenance, repair and/or replacement of
the common elements;
(b) All funds lawfully assessed for the creation and/or
maintenance of reserves pursuant to the provisions of the Declaration
or Bylaws; and
(c) Expenses declared common expenses by provisions of the
Virginia Condominium Act, as amended, or by the Declaration or Bylaws.

!2

SCANNED FROM
ORIGINAL
Section 2.5.
Condominium is the Heritage Knoll Condominium,
consisting of the land and property submitted to this regime and all
incidents thereto and interests therein.
Section 2.6.
Condominium Instruments means the Declaration,
Bylaws, Articles of Incorporation, if any, Plats and Plans, and any
and all exhibits, schedules, certifications or amendments thereto,
which are made and recorded pursuant to the provisions of the Act.
Section 2.7.
Condominium Plat or Plat means one or more plats
of survey and the plans of the Condominium recorded as Exhibit A to
the original Declaration and any recorded amendments thereto, among
the land records of the County of Fairfax.
Section 2.8.
Condominium Unit is a unit together with the
undivided interest in the common elements appertaining to that unit as
set forth on Exhibit C to the original Declaration and in Article 12
of the Revised Declaration.
Section 2.9.
Declaration shall mean that document entitled
Declaration of Heritage Knoll Condominium, as amended and filed of
record in the County of Fairfax Land Records as referenced in Article
1, Section 1.1, of these Bylaws. Declaration shall refer to the
Revised Declaration unless referred to as the original Declaration.
Section 2.10.
Majority, as used in these Bylaws, shall mean
those votes (as determined by the percentage basis set forth in
Article 12 of the Declaration) unit owners, or other group, as the
context may indicate, representing a simple majority of those present
in person or by proxy at a duly constituted meeting of the Association
at which a quorum is present. Unless otherwise specifically stated,
the words majority vote mean more than fifty percent (50%) of those
eligible votes present and voted in person or by proxy. Unless
otherwise provided in the Declaration or these Bylaws, all decisions
shall be by majority vote.
Section 2.11.
Officer shall mean those individuals who are
elected by the Board to serve as president, vice president, secretary,
or treasurer or such other offices as the Board may determine
necessary.
Section 2.12.
Person shall mean any individual, corporation,
firm, association, partnership, or other legal entity.

!3

SCANNED FROM
ORIGINAL
Section 2.13.
Unit is a portion of the Condominium designated
and intended for individual ownership and use, the boundaries of which
are set forth in Article 7 of the Revised Declaration.
Section 2.14.
Unit Owner or Owner. Unit owner means any natural
person, firm, corporation, partnership, association, trust or other
entity capable of holding title to real property, or any other
combination of such persons and/or entities, which holds record title
to a condominium unit, provided, however, that any person, group of
persons, corporation, trust or other legal entity, or any combination
thereof, which holds such interest solely as security for the
performance of an obligation shall not be a unit owner. If a unit is
sold under a recorded Land Contract or recorded Installment Land Sales
Contract, the purchaser shall be equally as liable as the owner of
record and may be considered the owner, unless the Association is
otherwise formally notified by the record owner.
Section 2.15.
Unit Owners Association or Association is the
unit owners association of the Heritage Knoll Condominium, which may
be incorporated as a nonstock corporation organized and existing under
the laws of the Commonwealth of Virginia, in which the members of the
corporation are all the unit owners, and which acts as a group in
accordance with the Act and the Condominium Instruments.
Article 3
Meetings of the Association
Section 3.1.
Annual Meetings. The regular annual meetings of
the Association shall be held in the third month prior to the end of
the fiscal year (which at the time of adoption of these Bylaws is
September), of each year on a day and at an hour designated by the
Board. At such meetings there shall be elected by ballot of the unit
owners a Board of Directors in accordance with the requirements of
these Bylaws. The unit owners may also transact such other business of
the Association as may properly come before them.
Section 3.2.
Special Meetings. The president or the Board may
call a special meeting of the Association and the President shall call
a special meeting upon a petition signed and presented to the
secretary by unit owners having votes totaling not less than twentyfive percent (25%) of the total number of votes in the Association.
The notice of any special meeting shall state the time and place of
such meeting and the purpose thereof. No business shall be transacted

!4

SCANNED FROM
ORIGINAL
at a special meeting, except as stated in the notice, unless by
consent of a majority of the votes of the Association present either
in person or by proxy, provided a quorum is present at the beginning
of the meeting.
Section 3.3.
Place of Meetings. Meetings shall be at the
Condominium or other suitable location within a three-mile radius of
the Condominium, as determined by the Board of Directors and at a time
set by the Board.
Section 3.4.
Notice of Meetings. It shall be the duty of the
president or secretary of the Board to send by first class mail or
cause to be hand delivered a notice of each annual or regularly
scheduled meeting of the Association, unless otherwise specified or
allowed by the Act, at least twenty-one (21) but not more than sixty
(60) days prior~ to such meeting, and of each special meeting of the
Association at least seven (7) days prior to such meeting, but not
more than sixty (60) days, stating the purpose thereof, and the time
and place where it is to be held, to each unit owner of record, at the
address each unit owner shall have designated by notice in writing to
the Board of Directors or its designee. If hand delivered, as long as
so required by the Act, the officer must certify in writing that such
notice was delivered to the person of the unit owner. The mailing of a
notice of meeting in the manner provided in this Section shall be
considered service of notice.
Section 3.5.
Waiver of Notice. Waiver of notice of meeting of
the Association shall be deemed the equivalent of proper notice. Any
unit owner may file with the Board of Directors a written waiver of
notice of any meeting of the unit owners, either before or after such
meeting. Attendance at a meeting by a unit owner, whether in person or
by proxy, shall be deemed waiver by such unit owner of notice of the
time, date and place thereof unless the unit owner specifically
objects to lack of proper notice at the time the meeting is called to
order. Attendance at a special meeting shall also be deemed waiver of
notice of all business transacted unless objection to lack of notice
is raised before the business, of which proper notice was not given,
is put to a vote.
Section 3.6.
Quorum. Except as otherwise provided in the Act
or the Condominium Instruments, the representation in person or by
proxy of those unit owners holding twenty-five percent (25%) of the
eligible votes of the Condominium shall constitute a quorum. If,
however, a quorum shall not be present at any meeting, the unit owners
entitled to vote thereat, present in person or by proxy, shall have
power to adjourn the meeting to a time not less than forty-eight (48)
hours after the originally scheduled time.

!5

SCANNED FROM
ORIGINAL
Section 3.7.
Adjournment. Any meeting of the unit owners may
be adjourned from time to time for periods not less than forty-eight
(48) hours by vote of the unit owners holding the majority of the
eligible votes represented at such meeting, regardless of whether a
quorum is present. Any business which could be transacted properly at
the original session of the meeting may be transacted at an adjourned
session provided that a quorum is obtained. No additional notice of
such adjourned session shall be required.
Section 3.8.

Voting.

(a) Each unit shall be entitled to the vote appertaining


thereto which may be cast by the unit owner or by lawful proxy, as
provided below. Each unit is hereby allocated a vote in accordance
with the percentage set forth in Article 12 of the Declaration. At
every meeting of the members, each member shall have the right to cast
the vote appurtenant to each unit owned. The vote of the members
constituting the majority of the eligible votes represented at such
meetings, in person or by proxy, shall decide any question brought
before such meeting, unless the question is one upon which, by express
provision of statute, the Declaration or these Bylaws, a different
vote is required, in which case such express provision shall govern
and control. No votes assigned to Condominium units owned by the
Association shall be cast pursuant to Section 55-79.77 (f) of the Act,
unless the Act is amended to allow such votes to be cast.
(b) When more than one person owns a unit, the vote for
such unit shall be exercised as they between or among themselves
determine, but in no event shall more than the allocated vote be cast
with respect to any unit. If any one of multiple owners purports to
cast the vote appertaining to a unit, the consent of any other owners
shall be conclusively presumed unless a protest is made forthwith to
the person presiding over the meeting. In the event of disagreement
among multiple owners and an attempt by two or more of them to cast
such vote or votes, such persons shall not be recognized and such vote
or votes shall not be counted.
(c) A chairperson and inspectors of the election shall be
appointed by the Board of Directors to count votes and their
appointment shall be ratified by the unit owners at the meeting of the
Association.
(d) No unit owner or Board member shall be eligible to
vote, either in person or by proxy, or be elected to the Board of
Directors, if (i) that unit owner is more than sixty (60) days
delinquent in any payment due the Association or if a lien has been

!6

SCANNED FROM
ORIGINAL
filed in accordance with the Act and the amount necessary to release
the lien has not been paid by the time of the meeting; (ii) the owner
has not supplied the information required under Article 3, Section
3.11, of these Bylaws, or (iii) if the owners voting rights have been
suspended under the provisions of the Act, these Bylaws or the rules
and regulations.
(e)

There shall be no cumulative voting.

Section 3.9.
Proxies. The votes appertaining to any unit may
be cast pursuant to a proxy executed by or on behalf of the unit
owner, or, in cases where the unit owner is more than one person, by
or on behalf of all such persons, provided the unit owners are
entitled to vote. A proxy need not be a unit owner. An owner, person
or a Board member may vote more than one (1) proxy. No proxy shall be
revocable except by actual notice to the person presiding over the
meeting by the unit owner(s) that the proxy is revoked. To be valid,
a proxy must be in writing and filed with the Secretary prior to the
first vote at the meeting for which it is to be used. Any proxy shall
be void if it is not dated, if it purports to be revocable without
notice as aforesaid, or if the signatures of any of those executing
the same has not been witnessed by a person who shall sign his full
name and address. A person designated as a proxy may be appointed to
vote either as directed by a unit owner or to vote without specific
direction on any matters of business that properly come before the
Association. Presence of the owner at the meeting for which a proxy
is given shall be deemed actual notice and shall automatically revoke
the proxy. Any proxy shall terminate automatically upon the final
adjournment and conclusion of the meeting for which it was issued
unless specifically written and issued for a longer period of time.
Section 3.10.
Consents. Any action which may be taken by a
vote of the unit owners may also be taken without a meeting by
written consent of those unit owners who hold the requisite
percentage of votes necessary to decide an issue pursuant to these
Bylaws.
Section 3.11.
Roster of Unit Owners. The Association or its
delegate shall maintain a current roster of names and addresses of
each unit owner to which notice of meetings of the Association shall
be sent. Each unit owner shall, within ten (10) days after moving or
after acquiring title to the unit, furnish the Association or its
delegate with his name and current mailing address. No unit owner may
vote at meetings of the Association until this information is
furnished.

!7

SCANNED FROM
ORIGINAL
Section 3.12.
Order of Business. The order of business at all
meetings of the Association shall be as follows unless otherwise
determined by the Board:
(a)

roll call or proof of quorum;

(b)

proof of notice of meeting;

(c)

reading of minutes of preceding meeting;

(d)

reports of officers, board of directors and management


agent, if any;

(e)

reports of committees;

(f)

election or appointment of inspectors of election


(when so required);

(g)

nominations from the floor (when required);

(h)

election of members of the board of directors (when


required);

(i)

unfinished business; and

(j)

new business.

Section 3.13.
Rules of Order and Conduct of Meetings. All
annual and special meetings of the Association shall be conducted
pursuant to the then current edition of Roberts Rules of Order, except
to the extent that such Rules conflict with the Declaration, these
Bylaws, rulings of the president or other rules hereafter adopted by
the Board or the Association for the conduct of meetings. Provided,
however, Roberts Rules of Order may be invoked by a majority vote of
the members present in person or by proxy notwithstanding rules
adopted by the Board. The president shall preside over all meetings of
the Association. The secretary shall keep the minutes of the meeting,
record in a minute book all resolutions adopted at the meeting, and
record all transactions occurring thereat. In the absence of the
president or secretary, the Board may designate other officers,
members or agents of the Association, to preside over the meeting or
to take minutes.

!8

SCANNED FROM
ORIGINAL
Article 4
Board of Directors
Part A.

Composition and Selection.

Section 4.1.
Number and Qualification. The affairs of the
Association shall be governed by a Board of Directors composed of five
(5) members acting on behalf of the Association or such number as
shall be determined by the Board of Directors by resolution. The Board
may elect not to fill vacancies until the next annual meeting provided
that the number of Board members shall not be less than three (3). All
members of the Board shall be unit owners or spouses of unit owners.
No person shall be elected or continue to serve as a director if such
person is disqualified as provided in Article 3, Section 3.8(d). No
more than one (1) individual from any one unit may serve on the Board
at any one tine.
Section 4.2.
Election and Term of Office. At the expiration
of the initial term of office of each director, his successor shall be
elected to serve a term of three (3) years. The intent of this Section
is to maintain staggered terms for directors. Each director shall bold
office until his successor has been elected at the annual meeting.
Section 4.3.
Nominations. Persons qualified to be directors
may be nominated for election by a nominating committee. Such
nominations shall be made by the Elections Committee at least thirty
(30) days before the meeting at which the election is to be held;
provided, however, that additional nominations may be made from the
floor at the meeting at which the election is held. The nominee must
either be present and consent to the nomination or have indicated in
writing the willingness to serve.
Section 4.4.
Removal or Resignation. At any duly called
annual or special meeting of the Association, any one or more members
of the Board of Directors may be removed with or without cause by a
majority of the total aggregate interests of the unit owners and a
successor may then and there be elected to fill the vacancy thus
created. The successor shall serve for the remainder of the term of
the director whom he has replaced. Any director whose removal has been
proposed by the unit owners shall be given at least fourteen (14) days
notice of the time, place and purpose of the meeting and shall be
given an opportunity to be heard at the meeting. A director may resign
at any time upon written notice to the Secretary or President of the
Association and may be deemed by the Board to have resigned if not in
attendance at three (3) consecutive regular meetings of the Board of
Directors, upon disposition of his or her unit as provided in Section

!9

SCANNED FROM
ORIGINAL
5579.78(a) of the Act, as it may be amended, or upon becoming more
than sixty (60) days delinquent in meeting financial obligations to
the Association, unless the minutes reflect consent to such absence or
delinquency.
Section 4.5.
Vacancies. Vacancies in the Board of Directors
caused by any reason, including the addition of a new director or
directors, other than the removal of a director by vote of the
Association, shall be filled by a vote of the majority of the
remaining directors, even though those directors constitute less than
a quorum, at any meeting of the Board of Directors. The director
elected by the Board shall serve until a successor shall be elected at
the next annual meeting of the Association to fill the unexpired
portion of the term.
Section 4.6.
Compensation. Directors and officers shall not
be compensated for acting as such, unless and to the extent the
members of the Association authorize compensation by majority vote of
the total aggregate interests of the unit owners at any meeting duly
called for that purpose. Notwithstanding the foregoing, directors may
be reimbursed for reasonable expenses incurred on behalf of the
Association as determined by the Board of Directors. Any reimbursement
shall be noted in the minutes of the Board of Directors current or
next meeting. Nothing herein shall prohibit a director from entering
into a contract and being compensated f or services or supplies
furnished to the Association or the Condominium in a capacity other
than as a director; provided that the directors interest is known and
the contract is approved as provided in Article 4, Section 4.16.
Section 4.7.
Elections. Directors shall be elected by
plurality vote by the Association, from among those nominated, by a
vote of the eligible voters at the annual meeting, provided a quorum
is present at the beginning of the meeting. If there are more
candidates for Director than there are positions to be filled, those
candidates receiving the highest number of votes shall be elected even
if a given candidate does not receive a majority of the votes cast.
Part B.

Meetings of the Board of Directors.

Section 4.8.
Organizational Meeting. The Board shall hold an
organizational meeting within fourteen (14) days after each annual
meeting to elect officers. No notice shall be necessary to the newly
elected directors in order to legally constitute such meeting,
provided a majority of the whole Board shall be present.

!10

SCANNED FROM
ORIGINAL
Section 4.9.
Regular Meetings. Regular meetings of the Board
of Directors may be held at such time and place as shall be determined
from time to time by the Board, but at least four (4) meetings shall
be held during each fiscal year. Notice of regular meetings of the
Board of Directors shall be given to each Director, personally or by
mail, telephone or telegraph, at least three (3) business days prior
to the day named for such meeting. The date of the next regular
meeting may be set at a meeting and such action shall constitute
notice of the next meeting to all directors present at the prior
meeting. Notice to unit owners of regular meetings of the Board of
Directors may be given in a manner determined by the Board of
Directors.
Section 4.10.
Special Meetings. Special meetings of the Board
may be called by the president on two (2) business days notice to each
director given by mail, in person or by telegraph or telephone, which
notice shall state the time, place, and purpose of the meeting. Upon
the written request of at least two (2) directors, special meetings of
the Board shall be called by the president, vice president, secretary,
or treasurer in like manner and on like notice. Notice to unit owners
of special meetings of the Board of Directors may be given in a manner
determined by the Board of Directors.
Section 4.11.
Waiver of Notice. Any director may, at any time,
in writing, waive notice of any meeting of the Board of Directors, and
such waiver shall be deemed equivalent to the giving of such notice.
Attendance by a director at any meeting of the Board shall also
constitute a waiver of notice of the time and place of such meeting.
If all directors are present at any meeting of the Board, no notice
shall be required and any business may be transacted at such meeting.
Section 4.12.
Conduct of Meetings. The president shall preside
over meetings of the Board of Directors and the secretary shall keep a
minute book recording therein all resolutions adopted by the Board of
Directors and all transactions and proceedings occurring at each
meeting.
Section 4.13.
Quorum. A majority of directors present at the
beginning of the meeting shall constitute a quorum for the transaction
of business throughout the meeting, and the act of the majority of the
directors present at a meeting at which a quorum is present shall be
the act of the Board of Directors. Directors who participate by
telephonic communication shall be deemed present at the meeting for
all purposes. If less than a quorum is present, the majority of those
present may adjourn the meeting from time to time. At any adjourned

!11

SCANNED FROM
ORIGINAL
meeting, if a quorum is present, any business which might have been
transacted at the original meeting may be transacted without further
notice.
Section 4.14.
Action Without a Meeting. Any action by the
Board of Directors required or permitted to be taken at any meeting
nay be taken without a meeting if a majority of the directors shall:
(a) individually or collectively consent in writing to such action or
(b) agree to such action following a telephone poll conducted by a
member of the Board of Directors. Such written consent(s), or the
result, time and date of the telephone poll, shall be filed with the
minutes of the proceedings of the next meeting of the Board of
Directors. Notwithstanding the foregoing, a diligent effort shall be
made to communicate with each member of the Board of Directors prior
to taking such actions.
Part C.

Powers and Duties.

Section 4.15.
Powers and Duties. The Board of Directors shall
manage the affairs of the Association and shall have all the powers
and duties necessary for the administration of the Association and the
Condominium, including, but not limited to, all of the powers
enumerated in the Act and the Articles of Incorporation, if any, and
may do all such acts and things as are not by the Declaration or these
Bylaws specifically directed to be done and exercised exclusively by
the Association. The Board shall have the power to adopt such rules
and regulations as it deems necessary and appropriate for the benefit
and enjoyment of the Condominium; provided that such rules and
regulations shall not be in conflict with the Act, the Condominium
Instruments or applicable federal, state or local laws.
The Board of Directors may delegate to one of its members the
authority to act on behalf of the Board of Directors on all matters
relating to the duties of the managing agent or manager, if any, or
matters relating to legal counsel which might arise between meetings
of the Board of Directors. In addition to the duties imposed by these
Bylaws or by any resolution of the Association that may hereafter be
adopted, the Board, on behalf of the Association, in way of
explanation but not limitation, shall have the power and duty to:
(a) Prepare a proposed line-item annual budget which shall
be submitted to the unit owners at least thirty (30) days prior to the
end of the fiscal year, and shall adopt an annual budget which shall
establish the contribution of each unit owner to the common expenses.
The board of directors shall review the budget at least twice each
year and shall have the power to make interim

!12

SCANNED FROM
ORIGINAL
adjustments in the monthly assessments if the current assessments are
inadequate or if for any reason the board deems such change necessary,
including, but not limited to a change in the capital reserve budget
which shall be established in accordance with article 8, section 8.8,
of these bylaws.
(b) Make assessments against unit owners to defray the
common expenses, establish the means and methods of collecting such
assessments from the unit owners, and establish the period of the
installment payments of the annual assessment. Unless otherwise
determined by the board of directors, the annual assessment against
each unit owner for his proportionate share of the common expenses
shall be payable in equal monthly installments, each such installment
to be due and payable in advance on the first day of each month.
(c) Collect the assessments against the unit owners,
deposit the proceeds thereof in a bank depository which it shall
approve, and use the proceeds to administer the condominium. The board
shall take prompt action, including the initiation of legal action, if
necessary, to enforce the assessment obligation.
(d) Open bank accounts, insured by an agency of the United
States government, on behalf of the association and designate the
signatories required.
(e) Provide for the operation, care, upkeep, and
maintenance of all of the common elements and services of the
condominium, and of the units when required by these bylaws.
(f) Designate, hire, and dismiss the personnel necessary
for the maintenance, operation, repair, and replacement of the common
elements, and provide services for the condominium, and, where
appropriate, provide for the compensation of such personnel and for
purchase of equipment, supplies, and material to be used by such
personnel in the performance of their duties, which supplies and
equipment shall be deemed to be owned as common elements.
(g) Make and amend rules and regulations respecting the
use of the condominium in a manner consistent with the act.
(h) Make, or contract for the making of, repairs,
additions, and improvements to or alterations of the condominium, and
repairs to and restorations of the condominium, in accordance with the
other provisions of these bylaws, after damage or destruction by fire
or other casualty, or as a result of condemnation or eminent domain
proceedings.

!13

SCANNED FROM
ORIGINAL
(i) Enforce by legal means the provisions of the
declaration, these bylaws, and the rules and regulations adopted by it
for the use of the condominium, and bring, assert, defend against,
compromise, and settle any claims or actions related to common
elements on behalf of the unit owners. The board shall also have power
to assess charges and fines against unit owners or tenants for
violation of the condominium instruments and rules and regulations of
the association in accordance with the act.
(j) Obtain and carry insurance against casualties and
liabilities, as provided in the declaration and these bylaws, and pay
the premium cost thereof.
(k) Pay the costs of all authorized services rendered to
the association or its members which are not chargeable to unit owners
of individual units.
(l) Keep books with detailed accounts of the receipts and
expenditures affecting the operation and administration of the
condominium and the association, specifying the maintenance and repair
expenses of the common elements and any other expenses incurred. The
board shall present a statement of the associations financial
condition as of the end of the prior fiscal year at each annual
meeting. The books and vouchers accrediting such entries shall be
available for examination by unit owners, their authorized agents,
accountants, or attorneys, at convenient hours on working days at the
times and in the manner that shall be set and announced by the board
or managing agent for the general knowledge of the unit owners. All
books and records shall be kept in accordance with generally accepted
accounting practices and shall be audited as provided in article 12,
section 12.3 hereof at least once each year by an independent auditor
employed by the board who shall not be a unit owner or resident of the
condominium. The cost of such audit shall be a common expense.
(m) Determine how common profits or surplus, if any, shall
be used.
(n) Grant and accept licenses, easements, rights-ofway,
leases in excess of one (1) year and other rights of use in all or any
part of the common elements benefiting the condominium or for the
provision of utility or communication services for the benefit of
units within the condominium.
(o) Borrow money on behalf of the condominium when
required in connection with any one instance relating to the
operation, care, upkeep and maintenance of the common elements or
other expenditure deemed necessary for maintaining the value

!14

SCANNED FROM
ORIGINAL
of the condominium; provided, however, that the consent of at least a
majority of those votes of the members of the association present and
voting shall be obtained at a meeting duly called and held for such
purpose in accordance with the provisions of these bylaws, if the
board proposes to borrow a cumulative amount in any one year in excess
of fifteen percent (15%) of that years annual budget. if any sum
borrowed by the Board of Directors on behalf of the condominium,
pursuant to the authority contained in this subsection, is not repaid
by the association, a unit owner who pays to the creditor his portion
of the total amount due, as determined by apportionment based on
percentage interest among all the units in the condominium, shall be
entitled to obtain from the creditor a release of any judgment or
other lien which the creditor shall have filed or shall have the right
to file against such unit owners condominium unit, and the
association shall not be entitled to further assess his unit for
payment of the remaining amount due such creditor.
(p) Acquire, hold and dispose of condominium units and
mortgage the same if such expenditures and hypothecations are included
in the budget adopted by the association.
(q) Furnish the statements required by section 5579.97 of
the condominium act within ten (10) days or such time as the act may
specify, after the receipt of a written request therefor from any unit
owner. Payment of a reasonable charge may be required of the unit
owner for the costs of preparation of such certificate for resale in
accordance with section 55-79.97 of the act.
(r) Do such other things and acts for the benefit of the
condominium which are not inconsistent with the condominium act or the
condominium instruments and which are not specifically required to be
done by the association.
Section 4.16.

Common or Interested Directors.

Each member of the Board of Directors shall exercise his powers


and duties in good faith and to benefit the interests of the
Condominium. No contract or other transaction between the Association
and any of its directors, or between the Association and any
corporation, firm or association in which any of the directors of the
Association are directors or officers or are pecuniarily or otherwise
interested, is either void or voidable because any such director is
present at the meeting of the Board of Directors or any committee
thereof which authorizes or approves the contract or transactions, or
because his vote is counted for quorum purposes, if any of the
conditions specified in any of the following subparagraphs exist:

!15

SCANNED FROM
ORIGINAL
(a) The fact of the common directorate or interest is
disclosed and known to a majority of the Board of Directors, is noted
in the minutes, and the Board of Directors authorizes, approves or
ratifies such contract or transaction in good faith by a vote
sufficient for the purpose; or
(b) The fact of the common directorate or interest is
disclosed or known to at least a majority of the unit owners, and the
unit owners approve or ratify the contract or transaction in good
faith by a vote sufficient for the purpose; or
(c) The contract or transaction is commercially reasonable
to the Association at the time it is authorized, ratified, approved or
executed.
Any common or interested directors may be counted in determining
the presence of a quorum of any meeting of the Board of Directors or
committee thereof which authorizes, approves or ratifies any contract
or transaction, but may not vote thereat to authorize any such
contract or transaction.
Section 4.17.
Management Agent. The Board of Directors may
select and employ for the Association professional management agents,
at a compensation established by the Board, to perform such duties and
services as the Board of Directors shall authorize for terms not in
excess of two (2) years which terms may be renewable. Any management
contract shall contain a termination clause permitting termination,
for cause, upon not less than thirty (30) days written notice by
either party and without cause upon not less than ninety (90) days
written notice by either party. The Board of Directors may delegate to
the managing agent or manager, subject to the Boards supervision, the
powers granted to the Board of Directors by these Bylaws. If a
management contract is terminated at any time, the Board of Directors
may employ another professional management agent, it being the
intention of this Section that the Condominium shall be managed at all
times by a qualified professional management agent. Any management
agent shall provide the Association with certificates evidencing a
fidelity bond, workmens compensation and liability insurance in
amounts determined reasonable by the Board of Directors.
Part D.

Committees.

Section 4.18.
Committees. There shall be such committees as
the Board or the President shall determine from time to time with the
powers and duties that the Board or President shall authorize.
Committee members shall be appointed by and shall serve at the
pleasure of a majority of the Board of Directors or the President.

!16

SCANNED FROM
ORIGINAL
Article 5
Officers
Section 5.1.
Designation. The principal officers of the
Association shall be the president, vice president, secretary, and
treasurer, all of whom shall be elected by the Board of Directors. The
principal officers of the Association shall be elected from among the
members of the Board. The Board of Directors may appoint an assistant
treasurer, an assistant secretary, and such other subordinate officers
as in its judgment may be necessary from among the unit owners or
their spouses. Except for the offices of secretary and treasurer,
which may be held by the same person, no person may hold more than one
office.
Section 5.2.
Election of Officers. The officers of the
Association shall be elected annually by the Board of Directors, at
the first meeting of the Board following each annual meeting of the
members, and shall hold office at the pleasure of the Board of
Directors and until a successor is elected.
Section 5.3.
Removal of Officers. Upon the affirmative vote
of a majority of the members of the Board of Directors, any officer
may be removed, with or without cause, and a successor may be elected.
Section 5.4.
President. The president shall be the chief
executive officer of the Association and shall preside at all meetings
of the members and of the Board of Directors. The president shall have
all the general powers and duties which are incident to the office of
the president of a corporation organized under Virginia law, including
but not limited to, the power to appoint committees from among the
unit Owners, their spouses or tenants from time to time as he may, in
his discretion, decide is appropriate to assist in the conduct of the
affairs of the Association.
Section 5.5.
Vice President. The vice president shall act in
the presidents absence and shall have all powers, duties, and
responsibilities provided for the president when so acting. In the
event neither the president nor the vice president is able to act, the
Board shall appoint some other member of the Board to do so on an
interim basis. The vice president shall also perform such other duties
as the Board of Directors or the president shall prescribe.
Section 5.6.
Secretary. The secretary shall attend and keep
the minutes of all meetings of the Association and Board of Directors;
shall have charge of such books and papers as the Board of Directors
may direct, and shall, in general, perform all duties incident to the

!17

SCANNED FROM
ORIGINAL
office of the secretary of a corporation organized in accordance with
Virginia law. The secretary shall be responsible for giving required
notices, counting votes and maintaining records thereof. The above
tasks may be performed by assistants under the secretarys
supervision. In the event of the secretarys absence, the president
say appoint another officer to perform such duties.
Section 5.7.
Treasurer. The treasurer shall have
responsibility for the Associations funds and securities and shall be
responsible for keeping full and accurate financial records and books
of account showing all receipts and disbursements, for preparing all
required financial statements and tax returns, and for the deposit of
all monies and other valuable effects in the name of the Association
in such depositories as may from time to time be designated by the
Board of Directors. The treasurer shall be bonded under a fidelity
bond in such amounts as required by Article 6, Section 6.2(e) of these
Bylaws. The duties of the treasurer may be delegated to the management
agent. In such case, the duties shall be performed by the management
agent under the supervision of the treasurer.
Article 6
Insurance and Reconstruction
Section 6.1.

Liability and Indemnification of


Officers and Directors.

(a) The Association shall indemnify every officer and


director against any and all expenses, including counsel fees,
reasonably incurred by or imposed upon such officer or director in
connection with any action, suit, or other proceedings (including
settlement of any such action, suit, or proceeding, if approved by the
Board of Directors) to which he may be made a party by reason of being
or having been an officer or director, except for their own willful
misconduct, malfeasance or fraud, whether or not such person is an
officer or director at the time such expenses are incurred. The
officers and directors shall not be liable for any mistake of
judgment, negligence, or otherwise, except for their own individual
willful misconduct or malfeasance.
(b) The officers and directors shall have no personal
liability with respect to any contract or other commitment made by
them, in good faith, on behalf of the association (except to the
extent that such officers or directors may also be members of the
association) and the association shall indemnify and forever hold each
such officer and director free and harmless against any and all

!18

SCANNED FROM
ORIGINAL
liability to others on account of any such contract or commitment. Any
right to indemnification provided for herein shall not be exclusive of
any other rights to which any officer or director, or former officer
or director, may be entitled.
(c) The Association shall as a common expense maintain
adequate general liability and, if obtainable, officers and
directors liability insurance to fund this obligation and the
insurance shall be written as provided in section 6.2 of this article
6.
Section 6.2.
Insurance. The Association shall use its
best efforts to obtain and maintain at all times, as a common expense,
insurance with endorsements for full insurable replacement value of
the Common Elements and the structures without deduction for
depreciation, and as follows: all policies of insurance shall be
written with a company licensed to do business in the Commonwealth of
Virginia and holding a rating of XV/A or better by Bests Insurance
Reports. Casualty insurance shall exclude land, foundation,
excavation, and other items normally excluded from such coverage.
Property damage insurance shall include fire with extended coverage,
vandalism, malicious mischief, and windstorm endorsements, together
with boiler and machinery insurance. The Association shall obtain and
maintain at all times a master liability insurance policy or policies
in amounts not less than One Million Dollars ($1,000,000.00) for
injury, including death, to a single person, One Million Dollars
($1,000,000.00) for injury or injuries, including death, arising out
of a single occurrence, and Fifty Thousand Dollars ($50,000.00)
property damage, covering the Association, the Board of Directors,
officers, all agents and employees of the Association, all unit owners
and mortgagees as their interests may appear, and other persons
entitled to occupy any unit or other portion of the Condominium
property. It shall be the duty of the Board of Directors annually to
conduct an insurance review to determine if the policy in force is
adequate to meet the needs of the Association and to satisfy the
requirements of this Section and the Declaration. Such insurance shall
run to the benefit of the Association, the respective unit owners, and
their respective mortgagees, as their interests may appear. The
structure, as insured by the master policy, shall be the buildings
and units therein as depicted on the plats and plans and as defined in
the Condominium Instruments filed and recorded in accordance with the
Act and shall include the unit and floor coverings, bathroom and
kitchen fixtures originally installed by the declarant.

!19

SCANNED FROM
ORIGINAL
(a) The Board of Directors shall utilize every reasonable
effort to secure a master policy covering physical damage that will
provide the following in addition to those provisions required by the
Act or the Declaration:
(1) That the Association shall not be prejudiced by
any act or neglect of any occupants or unit owners of the Condominium
when such act or neglect is not within the control of the insured or
unit owners collectively.
(2) That the Association shall not be prejudiced by
failure of the insured or unit owners collectively to comply with any
warranty or condition with regard to any portion of the Condominium
over which the insured or unit owners collectively have no control.
(3) That the insurer waives any defenses based on co
insurance or invalidity arising from the acts of the insured.
(4) That the insurer waives its rights of subrogation
against the Association, the Board of Directors, the managing agent,
the unit owners and their respective agents, employees, guests and
household members.
(5) That any no other insurance clause contained in
the policy shall expressly exclude individual unit owners policies
from its operation.
(6) That the policy may not be cancelled or
substantially modified without at least sixty (60) days prior notice
in writing to the Board of Directors.
of coinsurance.

(7)

An agreed value or amount endorsement and waiver

(b) The insurance company shall provide insurance


certificates to the Association, each unit owner and each mortgagee,
upon request.
(c) All public liability and officers and directors
liability insurance shall contain a cross liability endorsement.
(d) In addition to the insurance required herein, the
Board shall use its best efforts to obtain as a common expense:
(1) Workmens Compensation Insurance if and to the
extent necessary to meet the requirements of law.

!20

SCANNED FROM
ORIGINAL
(2) Public liability and officers and directors
liability insurance in such amounts as the Board may determine. Such
insurance shall contain a cross liability endorsement.
(e) The Board shall also obtain as a common expense
fidelity bonds covering officers, directors, employees and other
persons, including the management agent or its employees, who handle
or are responsible for handling Association funds. The management
agent and its employees shall be required to be separately bonded.
Such bonds shall be written in an amount equal to at least one hundred
percent (100%) of the maximum funds that will be in the custody of the
Association at any one time during each fiscal year plus a sum equal
to three months assessments, as determined by the auditors balance
sheet or such amounts as are required by FNXA, which shall include
both actual cash and invested reserves, and the bonds shall contain
waivers of any defense based upon the exclusion of persons serving
without compensation.
(f) Comprehensive general liability including, if within
reasonable cost as determined by the Board of Directors, libel,
slander, false arrest, invasion of privacy coverage and errors and
omissions coverage for directors.
(g) Such other insurance as the Board of Directors may
determine to be necessary.
(h) Insurance carried by the Association as a common
expense shall not include any part of a unit which was not depicted on
the original Plats and Plans, nor shall the Association include public
liability insurance for individual unit owners for liability arising
within the unit.
(i) The Board of Directors is hereby irrevocably appointed
as agent for each unit owner and mortgagee to adjust all claims
arising under insurance policies purchased by the Board of Directors
and to execute and deliver releases upon the payment of claims.
Section 6.3.
Separate Unit Insurance. Each unit owner shall
have the right, at his own expense, to obtain insurance for his own
unit and benefit and to obtain insurance coverage upon his personal
property, for his personal liability and upon any betterments and
improvements made by him to his unit, including, without limitation,
all floor coverings, bathroom and kitchen fixtures not originally
installed by the declarant, under coverage normally called tenants
improvements and betterments coverage, including coverage for
emergency shelter in the event of damage rendering his unit
uninhabitable. Such items shall not be covered under the master policy

!21

SCANNED FROM
ORIGINAL
obtained by the Association. Provided, however, that no unit owner
shall be entitled to exercise his right to acquire or maintain such
insurance coverage so as to cause any insurance coverage maintained by
the Board of Directors to be brought into contribution with insurance
coverage obtained by a unit owner. All such policies shall contain
waivers of subrogation as to any claims against unit owners and the
Association. No unit owner shall obtain separate insurance policies on
the Condominium except as provided in this Section 6.3.
Section 6.4.
Repair and Reconstruction. In the event of
damage to or destruction of all or any part of the Condominium as a
result of fire or other casualty, and subject to the terms of the Act,
the Board of Directors or its duly authorized agent shall arrange f or
and supervise the prompt repair and restoration of the structure in
accordance with the original plats and plans and pursuant to the
requirements set forth in the Declaration and Bylaws. Nothing in these
documents shall be construed to afford a priority to any unit owner
with respect to the distribution of proceeds to any unit.
The procedure for repair and reconstruction shall be:
(a) Cost Estimates. Immediately after a fire or other
casualty causing damage to the Condominium, the Board of Directors
shall obtain reliable and detailed estimates of the cost of repairing
and restoring the structures (including any damaged unit and excluding
floor and wall coverings, furniture, furnishings, fixtures or
equipment installed by the unit owners) to a condition as good as that
existing before such casualty, if permitted by appropriate
governmental authority. Such costs may also include professional fees
and premiums for such bonds as the Board of Directors determines to be
necessary.
(b) Source and Allocation of Proceeds. If the proceeds of
insurance are not sufficient to defray the estimated costs of
reconstruction and repair as determined by the Board of Directors, or
if at any time during the reconstruction and repair or upon completion
of reconstruction and repair, the funds for the payment of the costs
thereof are insufficient, such excess shall be assessed against and
paid by all unit owners in proportion to their percentage interests.
Insurance proceeds shall first be allocated to the cost of repairing
the common elements and the balance to the cost of repairing the
units. If after repair and reconstruction is completed there is a
surplus of funds, such funds shall be placed back into operating funds
for that fiscal year.

!22

SCANNED FROM
ORIGINAL
(c) Encroachments. Encroachments upon or in favor of
units which may be created as a result of such reconstruction or
repair shall not constitute a claim or basis for any proceeding or
action by the unit owner upon whose property such encroachment exists,
provided that such reconstruction was substantially in accordance with
the architectural plans under which the Condominium was originally
constructed. Such encroachments shall be allowed to continue in
existence for so long as the reconstructed building shall stand.
(d) Construction Fund. The net proceeds of the insurance
collected on account of a casualty and the funds collected by the
Association from assessments against unit owners on account of such
casualty shall constitute a construction fund which shall be disbursed
in payment of the cost of reconstruction and repair in the manner set
forth in this Section and as in the Declaration, in appropriate
progress payments to contractors, suppliers, professional fees and
bond premiums as the Board of Directors determines to be necessary.
(e) Insurance Deductibles. If repair or replacement is
required as a result of an insured loss, the amount of the deductible
shall be treated as if it were a maintenance or replacement expense
and shall be paid by the person(s) who would be responsible for such
repair or replacement in the absence of insurance. If the maintenance
responsibility cannot be determined by the Board and if the loss
affects more than one unit or a unit and the common elements, the cost
of the deductible may be apportioned equitably by the Board among the
parties suffering loss in accordance with the total cost of repair or
replacement. Provided, however, if the damage is caused by act,
neglect or carelessness of a party, that party shall bear the full
cost of the deductible.
Section 6.5.
When Reconstruction is Not Required. In the
event the Condominium is damaged to the extent of two-thirds of its
then replacement cost or if two-thirds (2/3) or more of the units are
substantially damaged or destroyed, a decision not to reconstruct may
be made in accordance with the Act, and the Declaration if eighty
percent (80*) of the unit owners vote not to proceed with repair and
reconstruction or, if any unit owner brings an action for partition
within a period of sixty (60) days after the date of the damage. If
partition is ordered, any insurance proceeds received on account of
such damage shall be distributed among all unit owners in proportion
to their respective percentage interests, the Condominium shall be
terminated pursuant to Section 55-79.72 of the Condominium Act, and
the net assets of the Condominium together with the net proceeds of
insurance policies, if any, shall be divided by the Board of Directors
and any Insurance Trustee among all unit owners in proportion to their

!23

SCANNED FROM
ORIGINAL
respective percentage interests, after first paying out of the share
of each unit, to the extent sufficient therefor, the amount of any
unpaid liens on the units in the order of priority of such liens. If
less than two-thirds (2/3) of the total number of units are damaged or
destroyed, it shall be mandatory that the units be repaired and
restored.
Article 7
Management
Section 7.1.
Management and Common Expenses. The Board on
behalf of the Association shall manage, operate and maintain the
Condominium project and, for the benefit of the Condominium units and
the owners thereof, shall enforce the provisions hereof and may pay
out of the common expense fund the following:
(a) The cost of providing water, sewer, garbage and trash
collection, electrical, gas and other necessary utility services for
the common elements, including any recreational facilities used by the
Condominium project and the cost of water and related sewer rents for
the Condominium units.
(b) The cost of fire and extended liability insurance on
the Condominium, the cost of such other insurance as the Association
may effect and the cost of fidelity bonds.
(c) The cost of the services of professional management to
manage the project to the extent deemed advisable by the Board
together with the services of such other personnel as the Board of
Directors shall consider necessary for the operation of the project.
(d) The cost of providing such legal and accounting
services as may be considered necessary to the operation of the
project.
(e) The cost of landscape work, snow removal, painting,
maintaining and repairing of the common elements and such furnishings
and equipment for the common elements as the Board of Directors shall
determine are necessary and proper. The Board of Directors shall have
the exclusive right and duty to acquire the same; provided, however,
that nothing herein contained shall require the Association to paint,
repair or otherwise maintain the interior of any Condominium unit or
any fixtures or equipment located therein.
(f) The cost of any and all other materials, supplies,
labor, services, maintenance, repairs, taxes, assessments or the like
which the Association is required to secure or pay for

!24

SCANNED FROM
ORIGINAL
by law, or otherwise, or which in the discretion of the Board of
Directors shall be necessary or proper for the operation of the common
elements; provided, however, that if any of the aforementioned are
provided or paid for the benefit of a particular Condominium unit or
units, the cost thereof may be specifically assessed to the unit owner
or unit owners of the units benefited.
(g) The cost of the maintenance or repair of any
Condominium unit in the event such maintenance or repair is reasonably
necessary in the discretion of the Board of Directors to protect the
common elements or to preserve the appearance or value of the project
or is otherwise in the interest of the general welfare of all unit
owners of the Condominium units; provided, however, that except in
emergency situations in which case the Board may immediately proceed
without notice, no such maintenance or repair shall be undertaken
without a resolution of the Board of Directors and not without
reasonable written notice to the unit owner of the Condominium unit
proposed to be maintained, which notice states the Associations
intent to provide such necessary maintenance, repair, or replacement,
at the unit owners sole cost and expense, and setting forth with
reasonable particularity the maintenance, repairs, or replacement
deemed necessary. The unit owner shall have fifteen (15) days within
which to complete said maintenance, repair, or replacement, or if such
maintenance, repair or replacement is not capable of completion within
said fifteen (15) day period, to commence said maintenance, repair, or
replacement. If any unit owner does not comply with the provisions
hereof, the Association may provide any such maintenance, repair, or
replacement at the unit owners sole cost and expense, and the cost
thereof shall be assessed against the Condominium unit on which such
maintenance or repair is performed and the amount shall become an
assessment due and payable and a continuing lien and obligation of
said unit owner in all respects as provided in Article 8 of these
Bylaws.
(h) Any amount necessary to discharge any lien or
encumbrance levied against the project, or any portion thereof, which
may, in the opinion of the Board of Directors, constitute a lien
against any of the common elements rather than the interest of the
unit owner of an individual Condominium unit.
(i) The cost of all material and labor incident to the
maintenance and/or repair of all exterior paint and/or stain, roof,
exterior doors, gutters and downspouts, and other items of exterior
trim of all Condominium units and the cost of funding reserves
therefor.

!25

SCANNED FROM
ORIGINAL
Section 7.2.
Management Agent. The Board may delegate any of
its duties, powers or functions to the management agent, provided that
such delegation shall not be in excess of two years on any given
contract. The Association and the Board of Directors shall not be
liable for any omission or improper exercise by the management agent
of any such duty, power or function so delegated. The management agent
shall be required to provide proof of coverage by a fidelity bond for
it and its employees which coverage shall continue for the duration of
its contract with the Association.
Section 7.3.
(a)

Maintenance and Repair.

By the Unit Owner

(1) The owner of any Condominium unit shall, at his


own expense, maintain his Condominium unit, and any and all equipment,
appliances or fixtures therein situate, and any other appurtenances to
such Condominium unit, and including all mechanical equipment,
electrical fixtures, lines and appurtenances located outside such unit
which are designed, designated or installed to serve only that unit,
in good order, condition and repair, free and clear of ice and snow,
and in a clean and sanitary condition, and shall do all redecorating,
painting and the like which may at any time be necessary to maintain
the good appearance of his Condominium unit, unless otherwise provided
in the Declaration or these Bylaws. In addition to the foregoing, the
owner of any Condominium unit shall, at his own expense, maintain,
repair, and replace any plumbing and electrical fixtures, water
heaters, plenums, heating and air-conditioning equipment, lighting
fixtures, dishwashers, disposals, ranges and other appliances,
equipment or fixtures that may be in or declared to be appurtenant to
such Condominium unit unless otherwise provided in the Declaration or
these Bylaws. The owner of any Condominium unit shall, at his own
expense, clean, repair, replace and maintain both the interior and
exterior surfaces of all windows and the interior surfaces and glass
portions of all entry doors of the Condominium unit.
(2) The owner of any Condominium unit shall also, at
his own expense, keep any limited common elements designated as such
on the Plats and Plans, including balconies and patios, which may be
appurtenant to such Condominium unit and reserved for his exclusive
use in a clean, orderly and sanitary condition, including minor
repairs and free and clear of ice and snow, unless otherwise provided
in the Declaration or these Bylaws. The above work shall be done in
conformity with the existing architecture and decor of the
Condominium.
26

!26

SCANNED FROM
ORIGINAL
(3) Every unit owner shall be expressly responsible
for any damages and liabilities suffered by other unit owners or the
Association resulting from or caused by said owners negligence or
failure to maintain or repair as herein provided. An owner is liable
and shall reimburse the Association for any expenditures incurred in
repairing, maintaining or replacing any common element and facility
damaged through his act, neglect or carelessness or that of a family
member, guest, tenant or others invited on the property by such owner;
but only to the extent that such expense is not covered by the
proceeds of insurance carried by the Association. Such liability shall
include any increase in casualty insurance rates occasioned by use,
misuse, occupancy or abandonment of any unit or its appurtenances.
Nothing contained herein shall be construed as modifying any waiver by
any insurance company of its rights of subrogation.
(b)

By the Association.

(1)
The Association shall be responsible for the
maintenance, repair and replacement of all the Common Elements and for
structural repairs and replacement of the Limited Common Elements,
unless in the opinion of a majority of the Directors the maintenance,
repair or replacement was necessitated by the negligence, misuse or
failure to repair of a unit owner in which case the costs shall be
charged to that owner as provided in Section 7.3 (a)(3).
(2)
The Association shall have all powers and
responsibilities with regard to maintenance, repair, restoration or
replacement of that part of the units above the plane of the underside
of the roof sheathing and the part above the horizontal plane of the
underside of the finished ceiling of any unit.
(3)
The Association shall maintain, repair and
replace electrical fixtures and lines, plumbing lines and utilities,
serving more than one unit and the exterior portions of unit doors and
doorframes.
Section 7.4.
Right of Access. The Association, through its
duly authorized agents, shall have and a unit owner shall grant a
right of access to his unit to the Board of Directors or its
authorized agent for the purpose of making inspections, for correcting
any condition originating in his unit and threatening another unit or
a common element (including, but not limited to, health and welfare
services such as pest control), for performing installations,
alterations, or repairs to the mechanical or electrical services or
any of the common elements in his unit or elsewhere in the buildings,

!27

SCANNED FROM
ORIGINAL
for performing its responsibilities as hereunder and in the
Declaration may be specified, or for correcting any condition which
violates the provisions of any mortgage covering a unit; provided that
notice or a request for entry is made in advance and that any such
entry is at a time reasonably convenient to the unit owner. In case of
any bona fide emergency involving manifest danger or damage to
property, illness or potential danger to life, such right of entry
shall be immediate, whether the unit owner is present at the time or
not, at any hour considered to be reasonable under the circumstances
and any damage caused thereby shall be repaired at the expense of the
Association. Provided, however, if such entry is made to perform any
obligation f or which an owner is responsible, such entry and all work
done shall be at the risk and expense of such owner. Each owner shall
provide a key to the designated agent of the Board of Directors for
use in emergency situations. If any owner installs a new lock on any
door, the unit owner shall provide a new key to the Board of Directors
or its designated agent.
Section 7.5.
Limitation of Liability. The Association shall
not be liable for any failure of water supply or other services to be
obtained by the Association or paid for out of the common expense
funds, or for injury or damage to person or property caused by the
elements or from any pipe, drain, conduit, appliance, or equipment.
The Association shall not be liable to the unit owner of any
Condominium unit for loss or damage, by theft or otherwise, of
articles which may be stored upon any of the common elements. No
diminution or abatement of common expense assessments shall be claimed
or allowed for inconvenience or discomfort arising from failure of
services, the making of repairs or improvements to the common elements
or from any action taken by the Association to comply with any law,
ordinance or with the order or directive of any municipal or other
governmental authority.
Article 8
Assessments
Section 8.1.
Purpose of Assessment. The assessments for
common expenses provided for herein shall be used for the general
purposes of promoting the recreation, health, safety, welfare, common
benefit, and enjoyment of the unit owners and occupants of units in
the Condominium as may be more specifically authorized from time to
time by the Board.

!28

SCANNED FROM
ORIGINAL
Section 8.2.

Creation of the Lien, Personal Obligation


for Assessments and Default.

(a) Each unit owner of any unit, by acceptance of a


deed therefor, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Association: (1) annual
assessments or charges payable as provided in Article 4, Section
4.15(b) and herein, (2) special assessments to be established and
collected as hereinafter provided, and (3) specific assessments
against any particular unit which are established pursuant to the
terms of these Bylaws. Any assessment levied pursuant to these Bylaws,
or any installment thereof, which is not paid within ten (10) days
after it is due shall bear interest at twelve percent (12%) or at the
maximum rate allowed by law if greater. All such assessments together
with administrative costs or charges, interest, late charges, court
costs and reasonable attorneys fees, in the maximum amount permitted
by law, but in no event less than twentyfive percent (25%) of the
unpaid assessment, shall be a charge on the unit and shall be a
continuing lien upon the unit against which each such assessment is
made. Such amounts shall also be the personal obligation of the person
who was the unit owner of such unit at the time when the assessment
fell due. Each unit owner shall be liable for his portion of each
assessment coming due while he is the unit owner of a unit and his
grantee shall be jointly and severally liable for such portion thereof
as may be due and payable at the time of conveyance. However, if a
mortgagee of a first mortgage of record obtains title to the unit as a
result of foreclosure of a first mortgage or through the enforcement
of any other remedies provided f or in its mortgage, such mortgagee,
its successors, and assigns shall not be liable for, and the unit
shall not be subject to, a lien f or the payment of common expenses
due prior to the date of foreclosure or acquisition of title to the
unit by the mortgagee or purchaser pursuant to the foreclosure sale.
Such unpaid share of common expenses due prior to the date of
foreclosure or acquisition of title to the unit by the mortgagee or
purchaser pursuant to the foreclosure sale shall be collectible from
all unit owners, including the purchaser at the foreclosure sale, in
proportion to their units respective percentage interest.
(b) Late charges for unpaid assessments in an amount
determined by the Board shall be imposed for each monthly assessment
in arrears or for such other assessments as the Board may fix. Late
charges may be imposed if the delinquency has continued for at least
ten (10) days. If no amount is otherwise determined by the Board, the
late charge shall be Ten Dollars ($10.00).

!29

SCANNED FROM
ORIGINAL
(c) Each unit owner is allocated a liability for
common expenses in an amount proportionate to the percentage set out
in Article 12 of the Declaration.
(d) Upon written request to the Board by a unit owner
or prospective purchaser, the Board or its designated agent shall
furnish, within a reasonable time as prescribed by the Act, a
recordable statement setting forth the amount of unpaid assessments
levied against the unit. The Board may impose a reasonable fee as
allowed by the Act for each such statement, and payment shall be a
prerequisite to the issuance of any statement.
(e) Any first mortgagee, at its request, is entitled
to written notification from the Board of Directors of the Association
of any default by the mortgagor of such unit in the performance of the
mortgagors obligations under the Condominium documents which is not
cured within sixty (60) days.
(f) The Association shall have full and complete lien
rights as provided or permitted by the Act.
(g) The lien for unpaid assessments may be foreclosed
in the manner provided by the Act or by suit brought in the name of
the Association or the Board of Directors, acting on behalf of the
Association. During the pendency of such suit, the unit owner shall be
required to pay a reasonable rental for the unit 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 Commonwealth of Virginia.
(h) Suit to recover a money judgment for unpaid
assessments shall be maintainable without foreclosing or waiving the
lien securing the same, and foreclosure shall be maintainable
notwithstanding the pendency of any suit to recover a money judgment.
Section 8.3.
Acceleration. If a unit owner shall be in
default of two payments which need not be consecutive, of an
installment of an assessment, not limited to the monthly installments
based on the annual budget, the Board may demand payment of and
accelerate the remaining installments of the annual and special
assessment coming due within that fiscal year which shall constitute a
lien on the unit as provided in this Article 8.

!30

SCANNED FROM
ORIGINAL
Section 8.4.
Computation of Operating Budget and Assessment.
It shall be the duty of the Board to annually prepare and adopt a
categorized budget, in accordance with the Act, covering the estimated
costs of operating the Condominium during the next fiscal year and
including but not limited to: income, administration, maintenance,
utilities, general expenses, reserves and capital items. The Board
shall cause the proposed budget to be delivered or mailed to each
member at least ten (10) days prior to the effective date of the new
budget. Provided, however, the Board shall notify each unit owner by
mail or hand delivery of any increase in assessments at least thirty
(30) days in advance of the date the assessment is due. Each unit
owner shall be obligated to pay the Association such assessments
against his unit as are established on the basis of the adopted
budget. Notwithstanding the foregoing, however, in the event the Board
fails for any reason to determine the budget for the succeeding year,
then and until such time as a budget shall have been determined, as
provided herein, the budget and assessments in effect for the current
year shall continue for the succeeding year. Assessments shall be paid
in a manner and on such dates as may be fixed by the Board of
Directors; unless otherwise provided, the assessments shall be paid in
monthly installments due on the first of each month.
Section 8.5.
Special Assessments. If the budgeted assessment
proves inadequate for any year, the Board may, without a membership
vote, at any time levy a special assessment against all unit owners in
accordance with the percentage interest assigned to each unit;
provided, however, except in the event of an emergency where further
damage to the Condominium or a safety and health hazard would result,
if such special assessment is for the purpose of defraying the
expenses of a capital addition, alteration or improvement
necessitating an expenditure of more than ten percent (10%) of the
annual budget in any one fiscal year, any such special assessment
shall be approved by the affirmative vote of a majority of those
present, in person or by proxy, at a special or annual meeting of the
members, notice of which shall specify that purpose. Special
assessments shall be payable as determined by the Board provided that
unit owners shall be given at least fourteen (14) days notice before
such assessments are due.
Section 8.6.
Specific Assessments. The Board may levy
specific assessments against any particular unit payable as set forth
in Section 8.2 and as set forth in these Bylaws, including but not
limited to, assessments for failure to comply with maintenance
responsibilities, violation of rules and regulations, damage caused to
the common elements and insurance deductibles.

!31

SCANNED FROM
ORIGINAL
Section 8.7.
Reserves and Contribution. The Board of
Directors shall build and maintain reasonable reserves for working
capital, operations, contingencies and replacements (including
replacement of structural elements and mechanical equipment). The
Board shall maintain at least a five (5) year schedule of expected
major repairs and shall annually prepare a capital reserve budget
which shall take into account the number and nature of replaceable
assets, the expected life of each asset, and the expected repair or
replacement cost. The Board shall, within its discretion, set the
required capital contribution, if any, in an amount sufficient to
permit meeting the projected capital needs of the Association, as
shown on the capital budget. The capital contribution required shall
be proposed by the Board and included within the budget and assessment
as provided in Section 8.4 of this Article as a common expense.
Article 9
Use Restrictions and Rule Making
Section 9.1.
Compliance and Default. Every unit owner, and
all those entitled to occupy a unit shall comply with all lawful
provisions of the Act, the Condominium Instruments and the rules and
regulations. Any lack of such compliance shall be grounds for an
action or suit to recover sums due, damages or injunctive relief;
foreclosure of the lien f or assessments; suspension of voting or
other rights; assessment of charges; or any other remedy available at
law or in equity, including administrative and court costs and
reasonable attorneys fees actually incurred, all of which may be
sought by the Association or if appropriate by an aggrieved unit
owner.
Section 9.2.
Authority and Enforcement. The Condominium shall
be used only for those uses and purposes set out in the Declaration
and Bylaws, and in accordance with the restrictions herein contained.
The Board shall have the authority to make and enforce reasonable
rules and regulations governing the conduct, use, and enjoyment of
units and the common elements, provided that copies of all such rules
and regulations shall be furnished to all unit owners who have
furnished the Association with their name and mailing address.
(a) Abating Violations. The violation of any of the
regulations adopted by the Board of Directors, breach of any provision
of the Declaration, Bylaws or the Condominium Act shall give the Board
of Directors the right to enter the unit in which, or as to which,
such violation or breach exists and summarily to abate and remove, at
the expense of the defaulting tenant and owner, any structure, thing
or condition that may

!32

SCANNED FROM
ORIGINAL
exist therein contrary to the intent and meaning of the provisions
hereof, and the Board of Directors shall not be deemed guilty thereby
in any manner of trespass.
(b) Suspension of Rights. The violation of any of
the regulations adopted by the Board or breach of the Declaration,
Bylaws or the Condominium Act shall give the Board the right, after
affording the owner or tenant reasonable notice to cease or correct
such violation or breach, to suspend an owners right to vote.
(c) Assessment of Charges. For violation of any duty
imposed under the Declaration, these Bylaws, or any rules and
regulations duly adopted hereunder, or damage or need for repair or
maintenance to the common elements, including cleaning up after pets,
by any unit owner, his family, guests, invitees, occupants or lessees,
the Board shall have the power to impose reasonable charges as allowed
by Section 55-79.80(b2) of the Act, as amended, which shall constitute
a lien upon the unit. Each day of a continuing violation may be
considered a separate violation. The Board shall have the discretion
to delegate such powers to a committee established by the Board.
(d) Remedies Cumulative. Nothing herein contained
shall be construed to limit the Associations right to any other
remedies at law or equity available to it to enforce the Declaration,
the Bylaws, resolutions or the rules and regulations of the
Association. The remedies contained herein shall be construed as
cumulative of the Associations other rights of enforcement at law or
in equity or any other remedies available to the Association.
(e) Effect of Failure to Enforce Provision. The
failure of the Association to enforce a provision of this Section, the
Declaration, Bylaws, the Act or any rules on any occasion is not a
waiver of the right to enforce the provision on any other occasion.
Section 9.3.
Hearing Procedure. As long as required by the
Act, the Board or its committee shall follow the requirements of
Section 55-79.8O(b2) of the Act before imposition of a charge for
violations of rules and regulations, or in the event the Act is
amended, the Board shall follow such procedures as shall be
established by resolution, to afford due process and fairness to
alleged violators.
(a) Hearing. Any hearing shall be held in executive
(not public) session pursuant to a notice affording the owner a
reasonable opportunity to be heard, and may, at the option of the
Board, be held by a committee appointed for that purpose

!33

SCANNED FROM
ORIGINAL
pursuant to the provisions of these Bylaws and the Act. Proof of
notice and the invitation to be heard shall be placed in the minutes
of the hearing. Such proof shall be deemed adequate if a copy of the
notice, together with a statement of the date and manner of delivery
is entered by the person who delivered such notice. The notice
requirement shall be deemed satisfied if the alleged violator appears
at the hearing. The minutes of the hearing shall contain a written
statement of the results of the hearing and the charge or sanction
imposed, if any.
(b) Appeals. In the event the hearing is conducted
by a committee, the Board may elect, upon application of the
violator, to review the decision of the hearing panel and affirm,
amend or reverse as the Board, in its sole discretion, deems
appropriate. Any such action by the Board shall be entered in the
minutes of the meeting at which the action was taken.
Section 9.4
Prohibited Uses and Nuisances. Except as may be
reasonable and necessary in connection with the maintenance,
improvement, repair or reconstruction of any portion of the
Condominium by the Association:
(a) The maintenance, keeping, breeding, boarding and/
or raising of animals or livestock of any kind, regardless of
number, shall be and is hereby prohibited within any Condominium
unit or upon any of the common elements, except that this shall
not prohibit the keeping of either one (1) dog, not more than
twenty (20) inches at the shoulder when fully grown; two cats;
two caged birds; fish aquarium of no larger than forty (40)
gallon capacity; caged gerbils, hamsters, guinea pigs, rabbits,
mice and ferrets, which the Board reserves the right to limit in
number; as domestic pets, provided that such pets, are not kept
or maintained for commercial purposes or for breeding. Units
which have more than the pets allowed by this Amendment as of the
effective date of these Bylaws may retain those pets but may not
replace them. Nothing herein allows the keeping of pets not
allowed under Bylaws and Rules in effect prior to adoption of
these Bylaws.
Pets shall not be permitted upon the general common elements of
the Condominium unless under the control of a person and unless the
pets are carried or leashed. Any unit owner who keeps or maintains any
pet upon any portion of the Condominium shall be deemed to have
indemnified and agreed to hold the Association, Board, each of the
unit owners and the management agent free and harmless from any loss,
claim or liability of any kind or character whatever arising by reason
of keeping or maintaining such pets within the Condominium. All pets
shall be registered with the Board of Directors and shall otherwise be

!34

SCANNED FROM
ORIGINAL
registered and innoculated as required by law. The owner of a pet
shall have the sole and absolute obligation to clean or otherwise
remove from the common elements any excrement deposited by his pet.
Any unit owner who keeps or maintains any pet in the Condominium
shall be responsible and may be specifically assessed by the Board of
Directors for any costs incurred by the Association in enforcing this
subsection or in cleaning, repairing, or replacing property soiled or
damaged by that pet. Unit owners are similarly responsible for the
pets of lessees, occupants, guests, or employees of the unit owner.
The keeping of pets and their ingress, egress, and travel upon the
common elements shall be subject to such rules and regulations as may
be issued by the Board of Directors. If a unit owner or occupant fails
to abide by the rules and regulations and/or covenants applicable to
pets, the Board of Directors may bar such pet from use or travel upon
the common elements, subject such use or travel to a user fee, or
require that the pet be removed from the condominium property. The
Board of Directors, after affording the right to a hearing to the unit
owner affected, shall have the exclusive authority to declare any pet
a nuisance and require its removal from the Condominium within thirty
(30) days after notice.
(b) No noxious or offensive trade or activity shall
be carried on within the Condominium or any unit, nor shall anything
be done which may be or become an annoyance to the neighborhood or
other unit owners, including the repeated or consistent presence of
offensive odors or noise. No nuisance shall be permitted within the
Condominium nor shall any use or practice be permitted which is or
becomes a source of annoyance to the residents or which interferes
with the peaceful use and possession thereof by the residents.
(c) There shall be no obstruction of any common
elements. Nothing shall be stored or placed upon any common elements
without the approval of the Board of Directors except in those areas
designated for storage of personal property by the unit owners. The
stairways shall be used for no other purpose than for normal transit
through them.
(d) Vehicular parking upon common elements shall be
as regulated by the Board of Directors. It is intended that portions
of the common elements are to be used f or parking of passenger
vehicles by unit owners, their guests, tenants, families, lessees, and
other persons authorized to be on the premises. Those portions of the
common elements to be used for parking of passenger vehicles are
intended to be equitably used by all unit owners in the Condominium
such that one unit owners use of the common elements for parking does

!35

SCANNED FROM
ORIGINAL
not interfere with the collective use of the common elements for
parking by all unit owners. To this end, the Board of Directors is
hereby authorized to adopt rules and regulations governing parking of
vehicles on the common elements, including, but not limited to,
designation of areas to be used for parking, limitation of the number
or type of vehicles any one unit owner may park on the common
elements, designation of specific areas for particular unit owners to
park and designation of handicapped parking areas. Except as
hereinelsewhere provided, no junk vehicle or other vehicle on which
current registration plates are not displayed, nor any trailer, truck
over two (2) tons, mobil home, campers, house trailer, boat or the
like shall be kept upon common elements. Provided, however, upon
issuance of a temporary permit by the management agent or Board, a
recreational vehicle, trailer, boat, mobile home or the like may be
parked on a shortterm basis in an area designated by the resident
manager or Board. No vehicle which cannot operate on its own power
shall remain on the common elements for more than fortyeight (48)
hours. Extraordinary repair or maintenance of vehicles shall not be
carried out on any of the common elements or within any unit.
(e) Nothing shall be done or maintained in any
condominium unit or upon any common elements which will increase the
rate of insurance on any Condominium unit or common elements, or
result in the cancellation thereof, without the prior written approval
of the Board of Directors. No waste shall be committed upon any common
elements
(f) No structural alteration, construction, addition
or removal of any Condominium unit or common elements shall be
commenced or conducted except in strict accordance with the provisions
of these Bylaws and only with the prior written approval of the Board
of Directors or its delegate pursuant to Article 9, Section 9.6 of the
Bylaws. A unit owner may not alter the exterior colors and/or
materials of any unit without the approval of the Board of Directors
or its designated delegate as provided in Article 9, Section 9.6.
(g) Except for such signs as may be posted by the
Association for notices, traffic control or the like, no signs of any
character, including but not limited to for rent or for sale
signs, shall be erected, posted or displayed upon, in, from or about
any Condominium unit or the common elements without the prior written
consent of the Board of Directors and under such conditions as the
Board may establish.
(h) No burning of trash, no unreasonable, unsightly
accumulation or storage of litter, new or used building materials,
materials or trash of any kind shall be permitted within any

!36

SCANNED FROM
ORIGINAL
Condominium unit or upon any common elements. Trash and garbage
containers shall not be permitted to remain in public view except on
days of collection. All refuse shall be deposited with care in trash
containers designated for such purpose in such manner as may from time
to time be designated by the Board.
(i) No structure of a temporary character, trailer,
tent, shack, barn or other outbuilding shall be maintained upon any
common elements at any time, except that this shall not apply to
structures utilized by the Association or its designee for
construction, maintenance or repair purposes. Outdoor clothes dryers
and clothes lines are prohibited upon any common elements at any time,
nor shall clothing, laundry or the like be hung from any part of any
unit or upon any of the balconies or patios.
(j) No outside television or radio aerial or antenna,
or other aerial or antenna, for reception or transmission, shall be
maintained upon any Condominium unit or upon any common elements
without the prior written consent of the Board of Directors.
(k) Nothing shall be stored nor shall the cooking or
preparation of food be permitted upon any portion of the general
common elements except in areas designated by the Board or with the
prior written consent of the Board of Directors. Use of barbecues on
balconies and patios is prohibited, but may be used not less than
fifteen (15) feet from the buildings.
(l) No resident shall engage or direct any employee
of the Association on any private business during the hours such
employee is employed by the Association or the Management Agent, nor
shall any member direct, supervise, or in any manner, attempt to
assert control over any such employee.
(m) Eighty percent (80%) of the floor area of each
unit must be carpeted with appropriate padding under the carpet as
determined by the Board.
(n) No unlawful use shall be made of any Condominium
unit or any portion of the common elements and all laws, zoning and
other ordinances, regulations of governmental and other municipal
bodies and the like shall be observed at all times.

!37

SCANNED FROM
ORIGINAL
(o) No exterior speakers, horns, whistles, bells or
other sound devices except fire and security devices used exclusively
for fire and security purposes shall be placed or used in any unit or
any common element without the written permission of the Board of
Directors.
(p) There shall be no violation of any rules for the
use of the common elements or units, or other house rules
promulgated among the unit owners by the Association in writing. The
Board of Directors is hereby and elsewhere in these Bylaws authorized
to adopt and promulgate such rules.
Section 9.5.

Residential Use.

(a) Except as provided in Sections 9.4 above and in


Article 10 of these Bylaws, all common elements and Condominium units
shall be and are restricted exclusively to residential use and no
business or commercial use may be conducted upon the Condominium
property without the written permission of the Board of Directors.
(b) Units may be occupied in such numbers as are
allowed by Section 2-502 of the Fairfax County Zoning Ordinance,
provided, however, in no event shall a unit be occupied by more than
two (2) people per bedroom, not including any children under eighteen
(18) months of age. Owners and renters who purchased or entered into a
lease prior to the date of recordation of this amendment to the Bylaws
are exempt from the application of this provision. Those owners and
renters who obtain an interest in a unit after the date of recordation
are subject to this provision unless a hardship waiver is granted by
the Board in its sole discretion.
Section 9.6. Architectural Standards.
(a) Except for the purpose of proper maintenance, no
unit owner, occupant, lessee, or any other person may make any change,
alteration, or construction visible from the exterior of the unit, nor
install, erect, attach, alter, remove, construct, place, or post any
sign, object, light, shade, screen, awning, decoration, fence, aeriel,
antenna, radio or television receiving device, wall or thing or
otherwise change (including any alteration in color) in any manner
whatsoever, the exterior of the buildings, any Condominium unit if
visible from the exterior thereof or any common element without first
obtaining the prior written approval of the Board or its delegate.
Application shall be in writing and by mail, and shall provide such
information as the Board may reasonably require including, without
limitation, plans and specifications showing the location, nature,

!38

SCANNED FROM
ORIGINAL
shape, height, material, color, type of construction and/or any other
information specified by the Board or its delegate. The Board or its
delegate may publish written architectural standards for alterations
or additions. Any request in substantial compliance therewith shall be
approved. In the event that the Board or its delegate fails to approve
or to disapprove such application within ninety (90) days after it
shall have been received, such application shall be deemed approved.
(b) As a condition of approval for a requested
architectural change, modification, addition, or alteration, every
unit owner of the unit involved, on behalf of himself and his
successorsininterest, shall assume all responsibilities for
maintenance, repair, replacement, and insurance to and on such change,
modification, addition, or alteration. In the discretion of the Board,
a unit owner may be made to verify such condition of approval by
written instrument in recordable form acknowledged by such unit owner
on behalf of all unit owners of record and his successorsininterest.
(c) Each unit owner shall request written approval
from the Board of Directors for all structural interior improvements
made by the unit owner to his unit; provided, however, no addition of
any woodstove or fireplace, nor any structural improvement which
affects the load bearing walls, the stability of the buildings or any
parts thereof, the structural integrity of the building or any parts
thereof, or which in any way jeopardizes the safety or soundness of
the buildings or any parts thereof shall be made unless first approved
in writing by the Board. A structural improvement shall include any
structural change, modification, alteration, addition, or work
whatsoever performed by a unit owner on his unit or its appurtenances.
No structural change, modification, or addition shall be made without
the unit owner obtaining prior written approval therefor from the
Board or its delegate on behalf of the Association.
(d) Units in the Condominium may be partitioned or
subdivided with the prior written approval of the holder of any first
mortgage or deed of trust lien on such unit and the Board of
Directors.
Article 10
Sales. Leases, and Alienation of Units
Section 10.1.
No Severance of Ownership. No unit owner shall
execute any deed, lease, mortgage, or instrument conveying or
mortgaging the title to his unit without including therein the
undivided interest of such unit in the common

!39

SCANNED FROM
ORIGINAL
elements, it being the intention hereof to prevent any severance of
such combined ownership. Any such deed, lease, mortgage, or other
instrument purporting to affect one or more of such interests, without
including all such interests, shall be deemed and taken to include the
interest or interests so omitted, even though the latter shall not be
expressly mentioned or described therein. No part of the interests in
the common elements of any unit may be sold, leased, transferred,
given, devised, or otherwise disposed of, except as part of a sale,
lease, transfer, gift, devise, or other disposition of the unit to
which such interests are appurtenant, or as part of the sale, lease,
transfer, gift, devise, or other disposition of such part of the
interests in the common elements of all units.
Section 10.2.
Leases. Units may be rented only in their
entirety; no fraction or portion may be rented. No transient tenants
may be accommodated therein. All leases and lessees are subject to the
provisions of these Bylaws, and shall contain the following provisions
or if the lease does not, shall by this covenant on the property, be
deemed to contain the following provisions. The Board may require use
of a standard form lease or a standard form lease addendum by all
owners who lease their units if so adopted as a rule.
(a) All provisions of the Condominium Instruments
(Declaration, Bylaws, and rules and regulations) for Heritage Knoll
Condominium, which govern the conduct of unit owners and which provide
for sanctions against unit owners also shall apply to each tenant.
Tenants shall abide by and comply with all provisions of the
Condominium Instruments. Owners shall cause all occupants of their
units to comply with the Condominium Instruments, and are responsible
for all violations and losses caused by such occupants,
notwithstanding the fact that such occupants of the unit may be liable
and may be sanctioned for any violation of the Condominium Instruments
in the same manner as a unit owner. In the event that the tenant, or a
person living with the tenant, violates the Condominium Instruments
and a charge is imposed, such charge shall be assessed against the
tenant; provided, however, if the charge is not paid by the tenant
within the time period set by the Board of Directors or its committee,
the unit owner shall pay the charge upon notice from the Association
of the tenants failure to pay the charge. Unpaid charges constitute a
lien against the unit. Any tenant charged with a violation of the
Condominium Instruments is entitled to the same procedure and subject
to the same sanctions to which a unit owner is entitled or subject,
including, but not limited to, civil suit, assessment of charges, and
loss of privileges.

!40

SCANNED FROM
ORIGINAL
(b) Any violation of the Condominium Instruments is
deemed to be a violation of the terms of the lease and authorizes the
unit owner to terminate the lease without liability and to evict the
tenant in accordance with Virginia law. The unit owner hereby
delegates and assigns to the Association, acting through the Board,
the power and authority of enforcement against the tenant for breaches
resulting from violation of the Condominium Instruments, including the
power and authority to evict the tenant on behalf and for the benefit
of the unit owner, in accordance with the terms hereof in the event
the Association acting through the Board elects to exercise this
right. In the event the Association proceeds to evict the tenant, any
costs, including attorneys fees and court costs, associated with the
eviction shall be specifically assessed against the unit and the unit
owner thereof, such being deemed hereby as an expense which benefits
the leased unit and the unit owner thereof.
(c) All rentals must be for an initial term of no
less than six (6) months. Any unit owner who leases his or her unit
must, no later than ten (10) business days after the signing of the
lease, give written notice of such lease, supply a copy of the
executed lease to the Board and provide the Board with such general
information about the lessee as the Board may reasonably require. The
unit owner shall provide to the tenant copies of the Condominium
Instruments, including the Declaration, Bylaws, rules and regulations
and handbook, if any, which shall be available from the management
agent at a reasonable charge.
(d) Leases in effect upon the effective date of this
Amendment which are in compliance with the terms of the original
Bylaws may continue until the expiration of the lease. Any assignment,
extension, renewal, or modification of any rental agreement,
including, but not limited to, changes in the terms or duration of
occupancy shall be considered a new rental agreement which must comply
with the standards and procedures herein set forth.
Section 10.3.
Application. The foregoing provision of Section
10.2 of this Article 10 shall not apply to a mortgagee in possession
of a unit as a result of a foreclosure or other judicial sale or as a
result of a proceeding, arrangement or assignment in lieu of
foreclosure.

!41

SCANNED FROM
ORIGINAL
Article 11
Condemnation
Section 11.1.
Definition. The terms taking in condemnation
or taking, as used in this Article, shall mean a taking in
condemnation or by right of eminent domain and shall include any sale
made in settlement of any pending or threatened condemnation
proceeding.
Section 11.2.
When Repair and Reconstruction Required. Except
as otherwise provided in Section 11.3 of this Article ii, in the event
of a taking in condemnation of a part of the Condominium, the Board of
Directors shall arrange for and supervise the prompt repair and
restoration of the property in the same manner as set forth in Article
6. The provisions of Section 6.4 of Article 6 shall apply to the
repair and restoration of the Condominium in the same manner as if the
property had been damaged by fire or other casualty. The award made
for the taking shall be payable to the Board of Directors and shall be
disbursed in the same manner as insurance proceeds.
Section 11.3. When Reconstruction Not Required. If (i) sixtysix and twothirds percent (66 2/3%) or more of the entire project
shall be rendered untenantable by a taking, and (ii) members
representing sixty-six and two-thirds percent (66 2/3%) or more of
the total value of the project shall fail to vote in favor of
reconstruction and repair at a meeting called within sixty (60) days
after the taking, then, with the approval in writing within such
sixty (60) day period by the mortgagee or mortgagees holding
mortgages constituting first liens on sixty-six and two-thirds
percent (66 2/3%) of the units subject to mortgages, the Condominium
shall be subject to an action for partition at the suit of any unit
owner or the mortgagee of any unit, as if the Condominium were owned
as tenants in common, in which event the net proceeds of sale shall
be added to the award and the total shall be considered as one fund
which shall be distributed by the Board of Directors among all unit
owners in proportion to the respective percentage interests of their
units, after first paying out of the share of each unit owner, to the
extent sufficient for this purpose, the amount of any unpaid liens on
his unit, in the order of the priority of such liens.
Section 11.4. Effect on Percentage Interests of Units. If
there is a taking in condemnation of part of the Condominium, if the
Condominium is restored pursuant to the provisions of Section 11.2 of
this Article, and if, as a result of the taking, the condemnor is not
obligated to pay assessments for common expenses attributable to the
unit(s), or part(s) thereof so taken, then, effective as of the date

!42

SCANNED FROM
ORIGINAL
of the taking, the percentage interests of all units remaining after
the taking shall be adjusted in the following manner:
(a) If the taking involves all of one or more units,
the percentage interests of those units shall be reallocated among the
remaining units not taken in proportion to the respective percentage
interests of such units immediately prior to the taking.
(b) If the taking involves a part, but not all, of
one or more units, (i) the percentage interests of each unit which is
involved in the taking shall be reduced to a percentage which bears
the same ratio to the percentage interest of the unit immediately
prior to the taking as the ratio which the square footage of the unit
immediately after the taking bears to the square footage of the unit
immediately prior to the taking, and (ii) the aggregate reduction in
the percentage interest(s) of the unit(s) referred to in clause (i)
shall be reallocated among the remaining units not taken (including
the unit(s) referred to in clause (i)) in proportion to the
respective percentage interests of such units immediately prior to
the taking, except that in the case of the unit(s) referred to in
clause (i), the percentage interest used in this computation shall be
the percentage interest of the unit adjusted in the manner provided
in clause (i). Promptly after the adjustments required by this
Section have been determined, an amendment to the Declaration
reflecting the adjustments shall be executed and acknowledged (in the
manner required by law for the execution and acknowledgment of deeds)
by the President and the Secretary and shall be recorded among the
Land Records of the County of Fairfax, Virginia.
Article 12
Fiscal Management
Section 12.1.
Fiscal Year. The fiscal year of the Association
shall begin on the first day of January of each year but shall be
subject to change by resolution of the Board of Directors should the
Board deem such change necessary or beneficial to the Association.
Section 12.2.
Books and Records. All members of the
Association, contract purchasers and any institutional holder of a
first mortgage shall, upon written request, be entitled to inspect, in
accordance with the Virginia Condominium Act, all books and records of
the Association during normal business hours at the office of the
Association or other place designated reasonably by the Board of
Directors as the depository of such books and records.

!43

SCANNED FROM
ORIGINAL
Section 12.3.
Auditing. Within sixty (60) days of the close of
each fiscal year, the Board shall use its best efforts to enter a
contract so that the books and records of the Association shall be
audited by an independent certified public accountant whose report
shall be prepared in accordance with generally accepted auditing
standards within one hundred twenty (120) days of the end of the
fiscal year. Based upon such report, the Association shall make
available to its members an annual financial statement including the
income and disbursements of the Association.
Section 12.4.
Execution of Association Documents. With the
prior authorization of the Board of Directors, all agreements, deeds,
leases, notes and contracts and other instruments, including checks,
shall be executed on behalf of the Association by the president or by
such directors, agents or other persons as are from time to time so
authorized by the Board of Directors. Provided, however, if a contract
obligates the Association to payment of more than fifteen percent
(15%) of the annual budget in any one fiscal year, such contract must
be executed by two (2) members of the Board of Directors.
Article 13
Amendment
Section 13.1.
Amendments. Except as otherwise provided in
these Bylaws or in the Act, these Bylaws may be modified or amended
either (i) by a vote by the unit owners of at least sixty-six and twothirds percent (66 2/3%) of the votes appertaining to all of the
units, or (ii) pursuant to a written instrument executed by the unit
owners having at least sixtysix and two-thirds percent (66 2/3%) of
the votes appertaining to all of the units. Votes may be counted if
present in person or by proxy, at any regular or special meeting of
the Association. No amendment shall become effective until it is
recorded in the Land Records for the County of Fairfax, Virginia. The
Board of Directors may not amend or repeal these Bylaws but may adopt
resolutions regarding its interpretation of the Bylaws.
Section 13.2.
Consent of First Mortgagees. Notwithstanding any
other provision of the Declaration, unless at least seventyfive
percent (75%) in number of the mortgagees holding mortgages
constituting first liens on units subject to such mortgages (based
upon one (1) vote for each mortgage owned) have given their approval,
the Association and Board of Directors shall not be entitled to
materially amend these Bylaws so as to:

!44

SCANNED FROM
ORIGINAL
(a) By act or omission seek to abandon or terminate
the Condominium reqime;
(b) Except as provided in the Act and as required in
the event of destruction or condemnation, change the pro rata interest
or obligations of any unit for:
(1)
purposes of levying assessments or charges
or allocating distributions of hazard insurance proceeds or
condemnation awards;
(2)
determining the pro rata share of ownership
of each unit in the common elements;
(c) By act or omission seek to abandon, partition,
subdivide, encumber, sell, or transfer the common elements (the
granting of leases, easements for public utilities or for other
purposes consistent with the intended use of the common elements by
the Condominium shall not be deemed a transfer within the meaning of
this clause);
(d) Use hazard insurance proceeds for losses to the
Condominium (whether to units or to common elements) for other than
the repair, replacement, or reconstruction of such improvements,
except as provided by statute in case of substantial loss to the units
and/or common elements of the Condominium; or
(e)
Condominium regime.

Annex additional properties or buildings to the


Article 14
Miscellaneous

Section 14.1.
Notices. Unless otherwise provided in these
Bylaws all notices, demands, bills, statements, or other
communications under these Bylaws or the rules shall be in writing and
shall be deemed to have been duly given if delivered personally or if
deposited in the mail with sufficient first class postage prepaid:
(a) If to a unit owner, at the address of the unit of
such unit owner or, if other than the unit, at the address which the
unit owner has designated in writing and filed with the Association;
(b) If
the management agent, at
the management agent, if
designated by the notice
this Section;

!45

to the Association, the Board of Directors, or


the principal office of the Association or
any, or at such other address as shall be
in writing to the unit owners pursuant to

SCANNED FROM
ORIGINAL
(c) Notices of regular or special meetings of the
Board of Directors may be given in any manner determined by the Board
of Directors.
Section 14.2.
Severability. The invalidity of any part of
these Bylaws shall not impair or affect in any manner the validity,
enforceability, or effect of the other sections or provisions of these
Bylaws.
Section 14.3.
Captions. The captions herein are inserted only
as a matter of convenience and for reference, and in no way define,
limit, or describe the scope of these Bylaws or the intent of any
provision thereof.
Section 14.4.
Conflicts. In the event of conflicts between the
Act, the Declaration, any Articles of Incorporation and these Bylaws,
the Act, Declaration, Articles of Incorporation and Bylaws shall
control in that order. All the terms hereof, except where clearly
repugnant to the context, shall have the same meaning as in the
Declaration or the Act.
Section 14.5.
Gender and Grammar. Reference to the masculine
gender shall be deemed to include the feminine gender, wherever it may
be appropriate, and the plural shall be substituted for the singular
or the singular substituted for the plural in any place herein in
which the context may require substitution.
Section 14.6.
Waiver. No restriction, condition, obligation,
or provision of these Bylaws shall be deemed to have been abrogated or
waived by reason of any failures to enforce the same.
Section 14.7.
Notice to Mortgagees. A unit owner who mortgages his
unit shall notify the Board or the management agent in writing of the name
and address of his mortgagee. Thereafter, the Board shall give written notice
to a unit owner of any default in the performance of any obligations under
the Act, Declaration, or Bylaws, and, if such default is not cured within
sixty (60) days, may send a copy of such notice, if requested, to each holder
of a mortgage covering such unit. The Board, whenever so requested in writing
by a mortgagee of a unit, shall provide notice of meetings and promptly
report any then unpaid assessments for common expenses due from, or any other
default by, the unit owner of the mortgaged unit. After supplied with the
name and address of a mortgagee of a unit, the Board shall notify: (i) the
mortgagee of a unit whenever damage to the unit covered by the mortgage
exceeds One Thousand Dollars ($1,000.00) per occurrence; (ii) all mortgagees
of first deeds of trust whenever unexpected damage to the common elements

!46

SCANNED FROM
ORIGINAL
exceeds Ten Thousand Dollars ($10,000.00) or is not covered by
insurance; and (iii) all mortgagees of first deeds of trust and the
Federal Home Loan Mortgage Corporation of any condemnation or similar
proceeding which affects that mortgagee or a material portion of the
Condominium.
Section 14.8. Professional Management. The prior written approval
of sixty percent (60s) in number of institutional holders of first
deed of trust liens on units shall be required to effectuate any
decision by the Association to terminate professional management and
assume selfmanagement of the Condominium.
IN WITNESS WHEREOF, the Board of Directors has caused these Bylaws
to be executed in its name on behalf of the Heritage Knoll Condominium
Unit Owners Association this

Attest:

!47

/s/
Secretary

SCANNED FROM
ORIGINAL
CERTIFICATE OF THE PRESIDENT OF THE
HERITAGE KNOLL CONDOMINIUM UNIT
OWNERS ASSOCIATION

In accordance with Sections 55-79.49 and 5579.72 of the


Virginia Condominium Act, Code of Virginia, and in accordance with
Article XIV of the Heritage Knoll Condominium Bylaws, the President
hereby certifies that the Amendment of the Condominium Instruments to
which this Certificate is attached was approved by not less than
sixty-six and two-thirds percent (66 2/3%) of the votes of the unit
owners at a meeting or pursuant to a written instrument and with the
prior written approval of seventyfive percent (75%) in number of the
institutional holders of first deed of trust liens on units at the
Heritage Knoll Condominium.

The Heritage Knoll Condominium is located

in the County of Fairfax, Virginia, and the original Declaration


applicable to the Heritage Knoll Condominium is recorded among the
Land Records of the County of Fairfax in Deed Book 5591 at Page 88, as
subsequently amended.

This Certificate is recorded for the purpose of

conforming to Sections 5579.49 and 55-79.72 of the aforementioned Act


and hereby accompanies the Amendment to the Declaration and Bylaws of
the Heritage Knoll Condominium.

By:

Attest:

!48

/s/
President of the Heritage
Knoll Condominium Unit
Owners Association

/s/
Secretary

SCANNED FROM
ORIGINAL
TO WIT:
On this 14th day of September, 1990, before me /s/, the
undersigned, personally appeared the President of the Heritage Knoll
Condominium Unit Owners Association, /s/, known to me (or
satisfactorily proven) to be the person whose name is subscribed to
the within instrument and acknowledged that he/she executed the same
for the purposes therein contained.

seal.

IN WITNESS WHEREOF, I have hereunto set my hand and official

/s/
Notary Public

My Commission Expires: July 31, 1992.

TO WIT:
On this 13th day of September, 1990, before me /s/, the
undersigned, personally appeared the Secretary of the Heritage Knoll
Condominium Unit Owners Association, /s/, known to me (or
satisfactorily proven) to be the person whose name is subscribed to
the within instrument and acknowledged that he/she executed the same
for the purposes therein contained.

!49

SCANNED FROM
ORIGINAL
seal.

IN WITNESS WHEREOF, I have hereunto set my hand and official

/s/
Notary Public

My Commission Expires: March 27, 1992.

!50

SCANNED FROM
ORIGINAL

SECTION 2
Amendment to the bylaws

!2

SCANNED FROM
ORIGINAL
AMENDMENT TO THE DECLARATION AND BYLAWS
OF
HERITAGE KNOLL CONDOMINIUM

WHEREAS, on June 1, 1981, Heritage Knoll, Inc., a Virginia


corporation, executed a Declaration and Bylaws applicable to Heritage
Knoll, A Condominium, recorded among the Land Records of Fairfax
County, Virginia, on September 10, 1981, in Deed Book 5591, Page 88,
et seq.; as subsequently amended by the First Amendment to the
Declaration and Bylaws recorded in Deed Book 5613, Page 174, et seq.
on November 25, 1981; and the Second Amendment to the Declaration and
Bylaws recorded in Deed Book 5632, Page 1360, et seq., on February 24,
1982; all among the Land Records of Fairfax County, Virginia; and

WHEREAS, under Section 55-79.73 of the Condominium Act (Chapter


4.2 of Title 55 of the Code of Virginia (1950, as amended), Virginia
Code Section 55-79.39, et seq. (hereinafter referred to as the Act),
the affairs of the Condominium are governed by the Unit Owners
Association, which is comprised of all unit owners at Heritage Knoll,
A Condominium; and

WHEREAS, under Section 55-79.72 of the Act and Article XIV,


Section 1, of the Bylaws, the Declaration and Bylaws may be amended by
the affirmative vote or a written instrument duly executed by the
owners of not less than sixty-six and twothirds percent (66 2/3%) of
the Undivided Interest in the Common Elements in accordance with the
percentages assigned in the Declaration as amended; and

!1

SCANNED FROM
ORIGINAL
WHEREAS, under Article IX, Section 7, of the Bylaws, in addition to
obtaining unit owner approval, any material amendment to the
Declaration and Bylaws requires the prior written approval of seventy
five percent (75%) in number of institutional holders of first deed of
trust liens on units; and

WHEREAS, owners of units representing at least sixtysix and twothirds percent (66 2/3%) of the Undivided Interest in the Common
Elements of the Condominium in accordance with the percentages
assigned in the Declaration and seventyfive percent (75%) in number
of the institutional holders of first deed of trust liens on units
have voted affirmatively or consented in writing, as evidenced by the
Certificate attached hereto, to this Amendment to the Declaration and
Bylaws of the Heritage Knoll, A Condominium Unit Owners Association;
and

WHEREAS, the original Declaration is hereby amended to change the


name of the Condominium by deleting A from Heritage Knoll, A
Condominium, the name of the Condominium hereafter shall be Heritage
Knoll Condominium and the name of the Association hereafter shall be
the Heritage Knoll Condominium Unit Owners Association.

NOW, THEREFORE, pursuant to the Act, including, but not limited


to Sections 55-79.49 and 5579.72 of the Act, and the Condominium
Instruments, the Declaration and Bylaws of the Heritage Knoll
Condominium Unit Owners Association are amended by striking the prior
Declaration and Bylaws in their entirety and substituting therefor the
following:

!2

SCANNED FROM
ORIGINAL
REVISED AND RESTATED DECLARATION OF THE
HERITAGE KNOLL CONDOMINIUM UNIT OWNERS ASSOCIATION
- TABLE OF CONTENTS -

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.

!3

ARTICLE
PAGE
Name . . . . . . . . . . . . . . . . . . . . .. . . . .1
Description of Land . . . . . . . . . . . . . . . . . .1
Submission of the Property . . . . . . . . . . . . . . 1
Definitions . . . . . . . . . . . . . . . . . . . . . .1
Buildings . . . . . . . . . . . . . . . . . . . . . . .2
Units . . . . . . . . . . . . . . . . . . . . . . . . .2
Unit Boundaries . . . . . . . . . . . . . . . . . . . .2
Common Elements . . . . . . . . . . . . . . . . . . . .2
Limited Common Elements . . . . . . . . . . . . . . . .2
Easement for Access and Support . . . . . . . . . . . .3
Encroachments . . . . . . . . . . . . . . . . . . . . .3
Allocation of Interest in Common Elements . . . . . . .4
Structural Modifications . . . . . . . . . . . . . .. .4
Subdivision of Units . . . . . . . . . . . . . . . . . 4
Units Subject to Declaration, Bylaws and
Rules and Regulations . . . . . . . . . . . . . . . 4
Association Membership . . . . . . . . . . . . . . . . 5
Allocation of Liability for Common Expenses . . . . . .5
Assessment Lien . . . . . . . . . . . . . . . . . . . .5
Easement for Use of Common Elements . . . . . . . . . .5
Acquisition or Lease of Units by Association . . . . . 6
Common Elements Not Severable . . . . . . . . . . . . .6
Maintenance Responsibilities . . . . . . . . . . . . . 6
Amendment of Declaration . . . . . . . . . . . . . . . 7
Invalidity . . . . . . . . . . . . . . . . . . . . . . 7
Waiver . . . . . . . . . . . . . . . . . . . . . . . . 7
Gender and Grammar . . . . . . . . . . . . . . . . . . 7
Captions . . . . . . . . . . . . . . . . . . . . . . . 7

SCANNED FROM
ORIGINAL
REVISED
DECLARATION
OF
HERITAGE KNOLL CONDOMINIUM

1.
Name. The Condominium, located in the County of Fairfax,
Virginia, shall be known as the Heritage Knoll Condominium.
2.
Description of Land. The legal
metes and bounds is attached as Exhibit
originally submitted to the Condominium
Declaration, and is incorporated herein

description of the land by


A, hereto as it was
regime as Schedule A to the
by reference (Land).

3.
Submission of the Property. On September 10, 1981, Heritage
Knoll, Inc., a Virginia corporation and the original Declarant,
recorded a Declaration (Declaration) applicable to the Heritage
Knoll, A Condominium (Condominium) among the Land Records of the
County of Fairfax in Deed Book 5591, Page 88, et seq. The Land,
together with all improvements, easements, rights and appurtenances
thereunto belonging (Property) was thereby submitted to the
Condominium regime provided by the Virginia Condominium Act,
Chapter 4.2, Title 55 of the Code of Virginia, Section 55-79.39, et
seq. (1950, as amended), (the Act). The Heritage Knoll Condominium
Unit Owners Association (Association), the unit owners association
of the Condominium, as successors in interest to the Declarant,
hereby executes and records this Revised Declaration among the Land
Records of the County of Fairfax, Virginia. The Association
continues to submit the Land described in Exhibit A, together with
the buildings and improvements erected thereon, to the Act. This
amendment to the Declaration changes the name of the Condominium from
Heritage Knoll, A Condominium to Heritage Knoll Condominium. The
Plats and Plans originally recorded in Deed Book 5591 at Page 129, et
seq., of the County of Fairfax immediately following the Declaration
and Bylaws as Exhibits A and B (Plats and Plans) are
incorporated herein by reference as fully as if set forth herein in
the entirety.
4.
Definitions. As provided in Section 5579.50(a) of the Act,
terms not otherwise defined herein or in the Bylaws attached hereto,
as the same may be amended from time to time (Bylaws), or in the
Plats and Plans, shall have the meanings specified in Section 5579.41
of the Act.
5.Buildings. The location and dimensions of each of the two
buildings on the Land are depicted on Exhibit A to the Declaration,
the Plats and Plans as recorded in Deed Book 5591 at Page 129, et
seq. among the Land Records of the County of Fairfax.

!1

SCANNED FROM
ORIGINAL
6.
Units. Each of the two buildings contain sixty-six (66)
units. The units are designated on the Plats and Plans and each unit
is given an identifying number. The floor plan for each type unit is
shown on Exhibit B to the original Declaration which Exhibit B is
incorporated herein by reference as if fully set forth herein. The
Type A and AR units are one bedroom units. The Type B and BR units are
two bedroom units. The term unit shall refer to an interest in real
property to which an owner holds title in fee.
7.
Unit Boundaries. Each unit shall include that part of the
structure which lies within the following boundaries:
A.
Upper and Lower (Horizontal) Boundaries: The upper and
lower boundaries of a unit shall be the following boundaries extended
to an intersection with the vertical boundaries:
1.

1.
Upper Boundary: The horizontal plane of the
underside of the finished ceiling of any unit.
2.

Lower Boundary: The horizontal plane of the top

of the concrete slab or plywood subfloor of any unit.


B.

Vertical Boundaries:

The vertical plane of the unfinished surface of the perimeter


walls of the unit, with such vertical planes extended to intersections
with each other and with the upper and lower boundaries.
These definitions setting forth the unit boundaries shall be
governed by the provisions of Section 5579.50(c) of the Code of
Virginia (1950, as amended).
8.
Common Elements. All portions of the condominium other
than the units.
9.

Limited Common Elements.

A.
The areas designated on the Plats and Plans as patios,
balconies, certain assigned storage areas and those areas described
by Section 55-79.50(e) of the Act, as amended, shall be limited
common elements. Limited common elements are assigned to the unit to
which such limited common elements are attached and are reserved for
the exclusive use of the unit to which they are appurtenant, by
reason of attachment or assignment.

!2

SCANNED FROM
ORIGINAL
B
Any expense of replacement relating to such limited
common elements and all structural maintenance, repair or
replacement thereof shall be treated as and paid for as part of the
expense of the upkeep of the Unit Owners Association.
C.
The Board of Directors, with the written consent of
the owner(s) involved, may reassign storage areas or other limited
common elements in accordance with Section 5579.57 of the Act.
10.

Easement for Access and Support.

(a) Access. Each unit owner shall have an easement in


common with the unit owners of all other units to use all pipes,
wires, heating, air conditioning and ventilating ducts, cables,
conduits, public utility lines, appurtenances to such utility systems
and other general common elements serving such other units and located
in such other units. The Board of Directors, or its designated agents,
shall have a right of access, subject to such notice as may be
required by the Bylaws, to each unit to inspect the same, and to
maintain, repair, or replace the general common elements contained
therein or elsewhere in the buildings.
(b) Support. Every portion of a unit which contributes to
the structural support of a building or other units shall be burdened
with an easement of structural, lateral and subjacent support for the
benefit of all other units and the common elements.
11. Encroachments. If any portion of the common elements
encroaches upon any unit, or if any unit encroaches upon any other
unit or upon any portion of the common elements, as a result of the
construction of the building, or if any such encroachment shall occur
after the recordation of the Declaration as a result of settling or
shifting of a building, a valid easement for such encroachment and for
the maintenance of the same shall exist as long as the building shall
stand. In the event a building, any unit, or any adjoining common
element shall be totally or partially destroyed as a result of fire or
other casualty or as a result of condemnation or eminent domain
proceedings, encroachments of part of the common elements upon any
unit or any unit upon any other unit or upon any portion of the common
elements, due to such rebuilding, shall be permitted, and valid
easements for such encroachments and for the maintenance of the same
shall exist as long as such reconstructed building shall stand.
12. Allocation of Interest in Common Elements. Each unit shall
have an undivided interest in the common elements.

!3

SCANNED FROM
ORIGINAL
The undivided interest in the common elements is a fraction, the
numerator of which is the par value of the particular unit and the
denominator of which is the aggregate par value of all units located
within Heritage Knoll Condominium. The par value assigned to each type
unit and the fractional interest allocated to each unit in Heritage
Knoll Condominium, as listed on Exhibit C to the original
Declaration, is as follows:
NUMBER
OF UNITS
15
15
18
18

TYPE
OF UNIT
A
AR
B
BR

PAR
FRACTION OF
VALUE
UNDIVIDED INTEREST
71707170/531540
Each
71707170/531540
Each
87908790/531540
Each
87908790/531540
Each

13. Structural Modifications. No unit owner may remove or


relocate all or any portion of a vertical party wall or the horizontal
separation between his unit and the unit above or below, regardless of
whether he owns the units above and below, and regardless of whether
he owns all units between which a partition or boundary is intended to
be removed or relocated, nor shall any unit owner remove any
structural element of his unit, including interior walls without first
obtaining written permission to do so from the Board of Directors and
all affected or adjoining unit owners. Any relocation of boundaries
between units may only be done pursuant to the provisions of Section
5579.69 of the Code of Virginia (1950, as amended).
14. Subdivision of Units. Unit owners may cause the subdivision
of any unit pursuant to the provisions of Section 5579.70 of the Code
of Virginia (1950, as amended).
15. Units Subject to Declaration. Bylaws and Rules and
Regulations. All present and future owners, tenants, guests, invitees,
and occupants of a unit shall be subject to, and shall comply with,
the provisions of this Declaration, the Articles of Incorporation, if
any, the Bylaws and the rules and regulations of the Association, as
they may be amended from time to time. The acceptance of a deed of
conveyance or the entering into a lease or occupancy of any unit shall
constitute an agreement that the provisions of this Declaration, the
Bylaws and the rules and regulations, as they may be amended from time
to time, are accepted and ratified by such owner, tenant, guest,
invitee or occupant. All of such provisions shall be deemed and taken
to be enforceable equitable servitudes and covenants running with the
land and shall bind any person having at any time any interest or
estate in such unit, as though such provisions were recited and
stipulated at length in each and every deed or conveyance or lease of
the unit.

!4

SCANNED FROM
ORIGINAL
16. Association Membership. All unit owners, by virtue of their
ownership of a unit in the Condominium, are members of the Heritage
Knoll Condominium Unit Owners Association, and shall be entitled to
vote on all matters upon which members of the Association are entitled
to vote pursuant to the Declaration and in accordance with the Bylaws.
Subject to the provisions of the condominium instruments, such owners
shall be entitled to vote according to the undivided percentage
interest appertaining to their unit as set forth above in Article 12.
17. Allocation of Liability For Common Expenses. Each unit is
hereby allocated liability for common expenses apportioned among the
owners in the Condominium according to the units undivided percentage
interest in the common elements as listed above in Article 12.
Common expenses relating to limited common element charges, or
any other common expenses benefiting less than all of the units or
caused by conduct of less than all of those entitled to occupy units,
shall be specifically assessed against such unit or units to which
such limited common elements are appurtenant or against the unit or
units involved in accordance with Section 55-79.83 of the Act or the
Bylaws.
18. Assessment Lien. The Association shall have the power to
impose assessments, special assessments, and charges as provided in
these Condominium Instruments. Such assessments are the personal
obligation of the owner against whom they are assessed and are a lien
against the unit. The obligation and lien for the assessment shall
also include a late or delinquency charge, interest, or both as may be
determined by the Board of Directors by resolution from time to time,
the costs of collection, including but not limited to court costs, the
expenses of sale, any expense required for the protection and
preservation of the unit, reasonable attorneys fees actually
incurred, and the fair rental value of the unit from the time of
institution of a suit to enforce the lien until the sale at
foreclosure, all as provided in the Act, Bylaws, Resolutions and Rules
and Regulations.
19.

Easement for Use of Common Elements.

(a) Grant of Easement. Each unit owner and each person


lawfully residing in a dwelling unit located on any portion of the
Land described in Exhibit A hereto is hereby granted a nonexclusive
right and easement of enjoyment in common

!5

SCANNED FROM
ORIGINAL
with others of the facilities and amenities constituting a portion of
the common elements of the Condominium.
(b) Extent of Easement. The rights and easements of
enjoyment created hereby shall be subject to the right of the
Association to exercise its remedies and to adopt rules and
regulations governing the use of the common elements.
(c) Delegation of Use. Any unit owner having the right to
use and enjoy the common elements may delegate such rights to the
members of such persons family, tenants who reside in his unit and to
such other persons as may be permitted by the Association. Provided,
however, that the right to use and enjoy the common elements is
exclusive and that if delegated to a tenant, the unit owner waives his
right of use.
(d) Rights to Use. Each person having the right to use the
common elements and each person to whom such right has been delegated
shall comply with the rules and regulations regarding such use, as
such rules and regulations may be established and amended from time to
time by the Board of Directors. Such rights to use may be suspended
upon failure of a unit owner to pay condominium assessments, or upon
violations of the provisions of this Declaration, the Bylaws or the
rules and regulations of the Association as may be adopted from time
to time.
20. Acquisition or Lease of Units by Association. In the event
the Association shall acquire a unit, title and the right of use
thereto shall be held by the Association, or its designee, on behalf
of all owners. The lease covering any unit leased by the Association
shall be held by the Association, or its designee, on behalf of all
unit owners.
21. Common Elements Not Severable. The common elements shall
remain undivided. No owner, any other person or entity shall bring any
suit or other proceeding for partition or division of the ownership of
the common elements. The percentage interest in the common elements
allocated to each unit shall not be conveyed separately from the unit
to which such interest is appurtenant.
22. Maintenance Responsibilities. Notwithstanding the ownership
of the various portions of the common elements and the units by virtue
of the boundary descriptions herein, the provisions of the Bylaws
shall govern the division of maintenance and repair responsibilities
between the unit owner and the Association.

!6

SCANNED FROM
ORIGINAL
23. Amendment of Declaration. This Declaration may be amended
(a) by the vote or ratification of unit owners of units to which two
thirds (2/3) of the votes in the Association appertain, cast in person
or by proxy at a meeting duly held in accordance with the provisions
of the Bylaws, or (b) pursuant to a written instrument duly executed
by unit owners of units to which two-thirds (2/3) of the votes in the
Association appertain. No such amendment shall be effective until
recorded in the Land Records of the County of Fairfax. The President
or Secretary of the Association shall be authorized to execute a
certification that the requisite percentage of owners and mortgagees
agreed to the amendment of the Condominium Instruments.
24. Invalidity. The invalidity of any provisions of this
Declaration shall not be deemed to impair or affect in any manner the
validity, enforceability or effect of the remainder of this
Declaration; and, in such event, all of the other provisions of this
Declaration shall continue in full force and effect as if such invalid
provision had never been included herein.
25. Waiver. No provision contained in this Declaration shall be
deemed to have been abrogated or waived by reason of any failure to
enforce the same, irrespective of the number of violations or breaches
which may occur.
26. Gender and Grammar. The use of the masculine gender in this
Declaration shall be deemed to refer to the feminine gender and the
use of the singular shall be deemed to refer to the plural, and vice
versa, whenever the context so requires.
27. Captions. The captions herein are used solely as a matter
of convenience and shall not define or limit any of the terms or
provisions hereof.
IN WITNESS WHEREOF, the officers of the Heritage Knoll
Condominium Unit Owners Association, certify by the Certificate
following the Bylaws that this Amendment was duly adopted by the
members of the Association and agreed to by the requisite percentage
of mortgagees pursuant to the terms of the Declaration and the
Condominium Act.

!7

SCANNED FROM
ORIGINAL
EXHIBIT A
METES AND BOUNDS DESCRIPTION
HERITAGE KNOLL CONDOMINIUM
LEE DISTRICT
FAIRFAX COUNTY, VIRGINIA

Beginning at a point lying in an easterly line of Guilford


Subdivision, said point being a corner between Rose Hill Limited
Partnership and the land herein described;
thence from the point of beginning and running with said easterly line
of Guilford Subdivision N 09 07 30 W 373.94 feet to a point, said
point being a corner with the land of Savage Fogarty Companies, Inc.;
thence with the line of the land of said Savage Fogarty Companies,
Inc., N 80 52 30 E 320.00 feet to a point lying in a westerly line
of the land of Rose Hill Joint venture;
thence with said westerly line of the land of Rose Hill Joint Venture
S 09 07 30 E 359.53 feet to a point lying in a northerly line of
aforesaid Rose Hill Limited Partnership;
thence with said northerly line of Rose Hill Limited Partnership the
following courses and distances:
S 80 52 30 W 142.94 feet; S 15 42 00 E 14.51 feet; and
S 80 52 30 W 178.72 feet to the point and place of beginning,
containing 2.700 acres of land.

!8

SCANNED FROM
ORIGINAL

SECTION 3
Resolutions to the bylaws

!1

RESOLUTION 2000-1 - SATELLITE DISHES

RESOLUTION 2001-1 - MOVE IN/MOVE OUT FEE

RESOLUTION 2001-2 - POSTING BOARD MEETING NOTICES

RESOLUTION 2001-3 REVOCATION OF PARKING PERMITS

RESOLUTION 2001-4 - REPLACEMENT WINDOWS AND PATIO DOORS

RESOLUTION 2002-1 - CONTRACTORS AND WORKMAN

RESOLUTION 2003-2 STRUCTURAL CHANGES

RESOLUTION 2003-1 UNIFORM LOOK

RESOLUTION 2008-1 = WASHERS AND DRYERS IN INDIVIDUAL UNITS

SCANNED FROM
ORIGINAL

Heritage Knoll Condominium

_____________________________
- Unit Owners Association -

TO:

ALL OWNERS AT HERITAGE KNOLL CONDOMINIUM

FROM:HERITAGE KNOLL BOARD OF DIRECTORS


DATE:

JANUARY 11, 2000

SUBJECT:

SATELLITE DISHES

RESOLUTION 2000-1
As stated in Article 13, Amendment, Section 13.1, of the Heritage Knoll Condominium Bylaws:
The Board of Directors may not amend or repeal these Bylaws but may adopt resolutions
regarding its interpretation of the Bylaws.
There have been many inquiries from residents who wish to place satellite dishes for TV reception
on their individual condominiums.

!2

SCANNED FROM
ORIGINAL
The Board has passed a resolution that:

wall,

The dish must be placed in the rear of the condominium, on the brick

The dish must be placed at the side of your individual condominium (as
are those already in place),
The dish cannot be larger than 18 inches in diameter, and
The dish must be professionally installed. Proof of installation needs to
be furnished to management.

Patti Miller, President


HERITAGE KNOLL CONDOMINIUM ASSOCIATION

!3

SCANNED FROM
ORIGINAL
Heritage Knoll Condominium

_____________________________
- Unit Owners Association TO:

ALL OWNERS AT HERITAGE KNOLL CONDOMINIUM

FROM:HERITAGE KNOLL BOARD OF DIRECTORS


DATE:

JUNE 27, 2001

RE:

RESOLUTION 2001-1 - MOVE IN/MOVE OUT FEE

RESOLUTION 2001-1
As stated in Article 13, Amendment, Section 13.1, of the Heritage Knoll Condominium Bylaws:
The Board of Directors may not amend or repeal these Bylaws but may adopt resolutions
regarding its interpretation of the Bylaws.
Due to increased resident moves in and out of the condominiums, much damage has occurred to
the buildings. The carpets are stained, doors are scratched, and light fixtures have been broken.
As of August 1, 2001, there will be a fee of $125.00 charged to the owner of a unit at the time of
new occupancy in the unit, to defray the costs of damages. This fee will apply to a new owner or to
a new renter. This fee is to be paid by the owner to Heritage Knoll within ten days of moving into
the unit.

Patti Miller, President


HERITAGE KNOLL CONDOMINIUM ASSOCIATION

!1

SCANNED FROM
ORIGINAL
Heritage Knoll Condominium

_____________________________
- Unit Owners Association TO:

ALL OWNERS AT HERITAGE KNOLL CONDOMINIUM

FROM:HERITAGE KNOLL BOARD OF DIRECTORS


DATE:

JUNE 27, 2001

RE:

BULLETIN BOARD FOR POSTING BOARD MEETING NOTICES

RESOLUTION 2001-2
As stated in Article 13, Amendment, Section 13.1, of the Heritage Knoll Condominium Bylaws:
The Board of Directors may not amend or repeal these Bylaws but may adopt resolutions
regarding its interpretation of the Bylaws.
There will be a bulletin board placed in each laundry room (Buildings 6276 and 6286) for residents
to post information or concerns they may have regarding the condominium.
All Heritage Knoll owners and/or residents may attend Board meetings. Dates and information on
these meetings will be posted on the bulletin boards the first day of each month, commencing on
July 1, 2001. As other meetings come up, budget or special, notice will also be posted on these
boards. If you wish to attend, please inform management forty-eight hours before the meeting date,
so that adequate space may be assured (we usually meet in someones home).
Residents who wish to gather and discuss condominium affairs and interests may do so. Please
inform management forty-eight hours before the meeting date, so that adequate space may be
provided.

Patti Miller, President


HERITAGE KNOLL CONDOMINIUM ASSOCIATION

!1

SCANNED FROM
ORIGINAL
Heritage Knoll Condominium

_____________________________
- Unit Owners Association TO:

ALL OWNERS AT HERITAGE KNOLL CONDOMINIUM

FROM:HERITAGE KNOLL BOARD OF DIRECTORS


DATE:

OCTOBER 23, 2001

RE:

RESOLUTION 2001-3 REVOCATION OF PARKING PERMITS

RESOLUTION 2001-3
As stated in Article 13, Amendment, Section 13.1 of the Heritage Knoll Condominium Bylaws:
The Board of Directors may not amend or repeal these Bylaws but may adopt resolutions
regarding its interpretation of the Bylaws.
Effective 1 December 2001, if an owner becomes 60 days or more past due on fees owed to
Heritage Knoll Condominium Association, the Board may revoke the parking sticker of the
offending owner. In this case, the sticker number would be reported to the towing company
as having been voided and the car displaying the sticker would subsequently be towed if
found parked in the permit-only parking areas of the Heritage Knoll premises. Once the
offending owners account is settled, the owner may restore their parking privileges by
acquiring a new parking sticker. Fees for the new sticker in accordance with current policy
will apply.

Patti Miller, President


HERITAGE KNOLL CONDOMINIUM ASSOCIATION

!1

SCANNED FROM
ORIGINAL
Heritage Knoll Condominium

_____________________________
- Unit Owners Association TO:

ALL OWNERS AT HERITAGE KNOLL CONDOMINIUM

FROM:HERITAGE KNOLL BOARD OF DIRECTORS


DATE:

JUNE 27, 2001

RE:

RESOLUTION 2001-4 - REPLACEMENT WINDOWS AND PATIO DOORS

RESOLUTION 2001-4
As stated in Article 13, Amendment, Section 13.1 of the Heritage Knoll Condominium Bylaws:
The Board of Directors may not amend or repeal these Bylaws but may adopt resolutions
regarding its interpretation of the Bylaws.
Effective 1 December 2001, if an owner wishes to replace the existing windows and/or patio
door in their unit; they must submit a proposal to the Board of Directors. Board approval is
required prior to any work being performed. The replacement windows must be of the same
2 panel horizontal-sliding type as the original windows, and frame color must be white. The
patio door must be replaced only with an 8 two-panel patio door in a style similar to the
original door, and frame color must be white.

Patti Miller, President


HERITAGE KNOLL CONDOMINIUM ASSOCIATION

!1

SCANNED FROM
ORIGINAL
Heritage Knoll Condominium

_____________________________
- Unit Owners Association TO:

ALL OWNERS AT HERITAGE KNOLL CONDOMINIUM

FROM:HERITAGE KNOLL BOARD OF DIRECTORS


DATE:

MARCH 14, 2002

RE:

RESOLUTION 2002-1 CONTRACTORS AND WORKMAN

RESOLUTION 2002-1
As stated in Article 13, Amendment, Section 13.1 of the Heritage Knoll Condominium Bylaws:
The Board of Directors may not amend or repeal these Bylaws but may adopt resolutions
regarding its interpretation of the Bylaws.
No resident shall engage or direct any contractor or workman contracted by the Association or the
Management Agent, nor shall any resident direct, supervise, or attempt to assert control over any
such contractor or workman while on Heritage Knoll Condominium property.

Joanne Ell, President


Heritage Knoll Condominium Association

!1