Horseshoe Bend Restrictions & Covenants -
Part 2
Section 9: Parking
Each residence must have off street parking for all vehicles owned
or used by the occupants. Parking areas shall be asphalt paved or
concrete.
Section 10: Fences
Chain link, wire or other utility type fences shall not be allowed
unless approved in advance by the Declarant. After all lots in the
subdivision are sold, the Homeowner's Association by majority vote
of its directors may approve such fences. Such approvals shall be
granted only for limited and unusual circumstances. The use of natural
fencing material is encouraged. No fence shall be permitted to extend
in the front of the front line of the residence. Chain link kennels
or dog runs not exceeding 200 square feet in fenced areas may be
maintained in the rear yard area of any lot.
Section 11: Keeping of Animals
No cattle, sheep, goats, poultry or other animals shall be kept
on any lot. This covenant shall not prohibit the lot owners from
keeping household pets.
Section 12: No Access to Other Properties
No lot or parcel herein, nor any portion thereof shall be used
for a street or roadway as access to any property lying outside
of the boundaries of the lands within this subdivision other than
those streets or roadways shown on the plat filed herewith, except
that any lot or parcel or portion thereof shown on said plat may
be used as a street or roadway to reach any property lying outside
of the boundaries hereof but only in the event said adjoining property
shall be hereinafter acquired by or presently owned by Declarant
for further development or expansion of this subdivision or another
subdivision developed by the Declarant. No lot may be used to access
adjoining property. No rights of way shall be granted to any owners
of adjoining property except by Declarant.
Section 13: Construction Vehicles and Other Construction Requirements
- During construction of permitted structures, vehicles shall
not be parked in any areas other than on the building site of
the building under construction, or on the roadway bordering the
site. Vehicles will not be permitted to obstruct the traffic flow
on any street. The contractor or lot owner shall be responsible
for keeping the streets free of mud or other debris which results
from construction on any lot.
- Haphazard storage, parking and location of other equipment will
not be allowed. The building site must be kept clear of paper
and other debris and maintained during the entire period of construction
in a manner which is not unattractive from the street, adjoining
lots, and common areas.
- Contractor must place at the designated street entry to the
lot a sufficient amount of gravel on a firm, well drained sub
grade to prevent mud and other debris from being tracked onto
the streets.
Section 14: Maintenance of Lots
- The premises and yard of any lot or parcel owner shall be kept
clean of all debris, weeds and other obnoxious or unsightly matter.
In the event that a lot owner does not comply with this covenant,
the Homeowner's Association, upon thirty (30) days written notice
to such owner, may clean or otherwise remove debris form such
lot and add the cost of such cleaning or removal to the annual
assessment due for that lot.
- The owners of lots or parcels shall not allow any person to
cause any garbage, sewage, refuse, waste or contaminating matter
to be drained or discharged from their lot upon any adjacent lot
or lots now owned by the said owners.
Section 15: Homeowner's Association, Assessment, Etc.
- Every person who acquires title, legal or equitable, to any
numbered lot in the Subdivision shall become a member of the Horseshoe
Bend Homeowner's Association, Inc., a Virginia non-profit corporation,
herein referred to as "Association," provided, however,
that such membership is not intended to apply to those persons
who hold an interest in any such lot merely as security for the
performance of an obligation to pay money, e.g. mortgages, deeds
of trust, or real estate contract purchases. However, if such
a person should realize upon his security and become the real
owner of a lot within the Subdivision, he will then be subject
to all the requirements and limitations imposed in these Restrictions
on owners of lots within the Subdivision and on members of the
Association, including those provisions with respect to alienation
and payment of an annual charge.
- The general purpose of the Association is to further and promote
the community welfare of property owners in the Subdivision.
- The Association shall be responsible for the maintenance, repair,
and upkeep of any common areas within the Subdivision and the
appurtenant drainage and slope easements reserved by Declarant
and any stormwater management facilities and easements appurtenant
thereto constructed or reversed by Declarant to control stormwater
resulting from the development of the subdivision. The Association
shall also be the means for the promulgation and enforcement of
all regulations necessary to the governing of the use and enjoyment
of such Common Areas and such other properties within the Subdivision
as it may from time to time own.
- The Association shall have all the powers that are set out in
its Articles of Incorporation and all other powers that belong
to it by operation of law, including, but not limited to, the
power to levy against every member of the Association a uniform
annual charge per single-family residential lot within the Subdivision,
the amount of said charge to be determined by the Board of Directors
of the Association after consideration of current maintenance
needs and future needs of the Association, for the purposes set
forth in its Articles of Incorporation; provided, however, that
the uniform annual charge shall in no event be less the Ten Dollars
($10.00) per lot. Regardless of the number of lots which it owns,
Declarant shall not be required to pay an annual or special assessment
on more than two (2) lots except that an assessment shall be collected
for any lot on which construction of a residential structure has
commenced.
- Every such charge so made shall be paid by the member to
the Association on or before the first of January of each
year, for the ensuing year. The Board of Directors of the
Association shall fix the amount of the annual charge per
lot for each ensuing year by the first day of October of each
year, and written notice of the charge so fixed shall be sent
to each member.
- If any charge shall not be paid when due, it shall bear
interest from the date of delinquency at the rate of eighteen
(18%) per annum, the Association may publish the name of the
delinquent member in a list of delinquent members, or by any
other means of publication, and the Association my file notice
that it is the owner of a lien to secure payment of the unpaid
charge plus costs and reasonable attorney's fees, which lien
shall encumber the lot or lots in respect of which the charge
shall have been made, and which notice shall be filed in the
Office of the Clerk of the Circuit Court of Giles County,
Virginia. Every such lien may be enforced at any time within
twenty-four months after the date on which the notice thereof
shall have been filed. In addition to the remedy of the enforcement
of the lien, the Association shall have the right to sue for
such unpaid charges, interest, costs, and reasonable attorney's
fees in any court of competent jurisdiction as for a debt
owed by the delinquent member or members to the Association.
Every person who shall become the owner of the title (legal
or equitable) to any lot in the Subdivision by any means is
hereby notified that, by the act of acquiring such title,
such person will be conclusively held to have covenanted to
pay the Association all charges that the Association shall
make pursuant to any paragraph or subparagraph of these Restrictions.
- The Association shall upon demand at any time furnish a
certificate in writing signed by an officer of the Association
certifying that the charges on a specified lot have been paid
or that certain charges against said lot remain unpaid, as
the case may be. A reasonable charge may be made by the Board
of Directors of the Association for the issuance of these
certificates. Such certificate shall be conclusive evidence
of payment of any charges therein stated to have been paid.
- The Board of Directors of the Association shall be composed
of three (3) members who shall be elected by the members at
the annual meeting of the Association which shall be held
on the first Monday of October of each year. The initial directors
shall be appointed by the Declarant and shall serve an initial
term of a minimum of one year following the sale of the first
lot in the subdivision. Directors may succeed themselves in
office. A majority of the members of the Association shall
constitute a quorum for the purposes of conducting business
at any meeting. In the event that a quorum is not present
at any annual or special meeting, then such meeting may be
continued to a subsequent date and thirty percent of the members
of the Association shall constitute a quorum for the purposes
of transacting business at any meeting continued from a former
meeting due to lack of a quorum. Each lot shall be entitled
to one vote regardless of the fact that one person or entity
may own more than one lot.
- The Association shall also have the right, upon the vote
of a two thirds (2/3) majority vote of a quorum of its members
to impose a special assessment upon its members for the purposes
of paying for the costs of a specific improvement or project
which benefits the members of the association. Such charge
shall be collected and paid in the same manner as the annual
assessment provided for herein.
- The fund accumulated as the result of the charges levied by
the Association shall be used exclusively for the purposes of
promoting the recreation, health, safety, and welfare of the members
of the Association and in particular for the improvement and maintenance
of the Common Areas and drainage and stormwater management facilities
within the Subdivision as such facilities and properties shall
have been conveyed to the Association, whether in fee simple or
by easement.
- The lien of a deed of trust representing a first trust placed
upon any lot for the purpose of permanent financing and/or constructing
a residence or other improvement thereon, recorded in accordance
with the laws of the State of Virginia, shall be, from the date
of the recordation, superior to any and all such liens provided
for herein.
- The Board of Directors of the Association shall have the right
to suspend the voting rights (if any) and the right to use the
recreational facilities of the Association of any member (or associate
member).
- For any period during which any Association charge or assessment
owed by the member or associate remains unpaid;
- During the period of any continuing violation of the restrictive
covenants for the Subdivision, after the existence of the
violation shall have been declared by the Board of Directors
of the Association;
- The initial property to be owned and easements conveyed to the
Association will be described in a separate instrument recorded
at a later time.
- Notwithstanding any other provisions of these covenants to the
contrary, until all of the lots in the subdivision have been sold
by Declarant to a third party, Declarant, shall have a number
of votes at any regular or special meeting of the Association
which is equal to the number of votes required for a majority
of votes at such meeting.
Section 16: Easements
Those areas designated and shown upon the subdivision plat recorded
herewith as private utility easements, stormwater and drainage easements
and easements for any other purposes are hereby reserved for the
benefit of the lots in the subdivision and with the consent of the
Declarant may also be used to extend utility service to other areas
outside of the subdivision. There is further created over Lot number
1, an easement for the purpose of erecting, installing, repairing,
replacing and maintaining a sign to identify the subdivision. Such
easement is shown on the plat of survey identified as "Sign
Easement" on Lot 1, Phase 1, Horseshoe Bend, prepared by John
R. Christman, Land Surveyor, dated June 2, 1998, and designated
as document number 15654-002.
Section 17: Conveyance of Lots by Declarant
A deed or other document executed by any two members of Declarant
shall be sufficient to convey title to any lot in the subdivision
or to perform any other act on behalf of the Declarant.
Section 18: Invalidation
Invalidation of any one or more of these covenants by judgment
or court shall in no way affect any of the other covenants or provisions
herein contained which shall remain in full force and effect.
Section 19: Amendment
The covenants and restrictions of this Declaration shall run with
and bind the land for a term of thirty (30) years from the date
this Declaration is recorded, after which time they shall be automatically
extended for successive periods of ten (10) years. This Declaration
my be amended by a written instrument signed by not less than seventy-five
percent (75%) of the Lot Owners. Any amendment must be recorded.
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