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As amended and filed with the Fairfax County Land Office on December 16, 1976, and as amended on August 23, 2001.
Article I (Name and Location)
Name and Location. The name of the corporation is HUNTERS CREEK HOMES ASSOCIATION, hereinafter referred to as the “Association.” The principal office of the corporation shall be located at 4084 University Drive, Fairfax, Virginia. However, meetings of members and directors may be held at places within the State of Virginia, County of Fairfax, as designated by the Board of Directors.
Article II Definitions
Section 1. “Association” shall mean and refer to Hunters Creek Homes Association, its successors, and assigns.
Section 2. “Properties” shall mean and refer to all real property which, from time to time, may be brought within the jurisdiction of the Association.
Section 3. “Recreation Area” shall mean all real property owned by the Association for the common use and enjoyment of the members of the Association.
Section 4. “Member” shall mean and refer to every person or entity who is a record owner of a fee or undivided fee interest in any residential lot subject to the Covenants and Restrictions for Hunters Creek in Sections One, Two, and Three, Hunters Creek, as the same may from time to time be dedicated, platted, and recorded among the Fairfax County, Virginia, land records.
Section 5. “Dedication” shall mean and refer to the Deed of Dedication and Subdivision applicable to the Properties recorded in the Office of the Clerk of the Circuit Court of Fairfax County, Virginia.
Article III Membership
Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any residential lot subject to the Covenants and Restrictions for Hunters Creek, as the same may from time to time be dedicated, platted, and recorded among the Fairfax County, Virginia, land records, shall be a Class A member of the Association. This provision does not include persons who hold an interest merely as security for the performance of an obligation. No owner, whether one or more persons, shall have more than one membership per lot. Membership shall be appurtenant to and may not be separated from ownership of any lot. Ownership of such a lot shall be the sole qualification for membership.
Section 2. Suspension of Membership. During any period in which a member is in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use the Recreational Area and recreational facilities of such member may be suspended by the Board of Directors until the assessment has been paid. The rights of a member may also be suspended, after notice and hearing, for a period not to exceed ninety (90) days, for violation of any rules and regulations established by the Board of Directors governing the use of the Recreational Area and facilities.
Article IV Property Rights: Rights of Enjoyment
Every member shall be entitled to the use and enjoyment of the Recreational Area and facilities as provided in the Dedication, subject to the following provisions:
- The right of the Association to limit the number of guests of members;
- The right of the Association to charge reasonable admission and other fees for the use of the Recreational Area or facilities situated upon the Recreational Area;
- The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Recreational Area and facilities and in aid thereof to mortgage said property and to acquire property encumbered by deed or deeds of trust securing improvements on said property;
- The right of the Association to suspend the voting rights and right to use the Recreational Area and recreational facilities by a member for any period during which any assessment remains unpaid; and, for a period not to exceed ninety (90) days for any infraction of its published rules and regulations;
- The right of the Association at any time or upon dissolution to dedicate or transfer, subject to approval of the appropriate authorities of the Town of Herndon, Virginia, all or any part of the Recreational Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of the Class A and Class B membership, respectively, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor more than sixty (60) days in advance.
- The right of the Association at any time to lease all or any part of the Recreational Area upon whatever terms and conditions it deems appropriate.
- Any member may delegate their rights of enjoyment of the Recreational Area and facilities to the members of their family, tenants, or contract purchasers who reside on the property. Such a member shall notify the secretary in writing of the name of any such delegatee. The rights and privileges of such delegee are subject to suspension to the same extent as those of the member.
Article V Board of Directors: Selection: Term of Office
Section 1. Number. The affairs of this Association shall be managed by a Board of five (5) directors, who need not be members of the Association.
Section 2. Election. At the first annual meeting, the members shall elect one director for a term of one year, two directors for a term of two years, and two directors for a term of three years. As the terms of such directors expire, new directors shall be elected for terms of three years.
Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation, or removal of a director, their successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of their predecessor.
Section 4. Compensation. No director shall receive compensation for any service they may render to the Association. However, any director may be reimbursed for their actual expenses incurred in the performance of their duties.
Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting, which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
Section 6: Quorum for Any Action Authorized Under Sections 3 and 4
At the first meeting called, as provided in Sections 3 and 4, the presence of members or proxies entitled to cast 50% of all the votes of the membership shall constitute a quorum. If the required quorum is not met at any meeting, another meeting may be called subject to the notice requirement in Sections 3 and 4. The required quorum at any subsequent meeting shall be half of the quorum required at the preceding meeting. No subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 7: Date of Commencement of Annual Assessments Due Dates
The annual assessments shall commence as to all Lots, except as provided in Section 3, on the first day of the month following the conveyance of the first Lot to an owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment for each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every member subject to it. The monthly due dates shall be established by the Board of Directors. Upon demand, the Association shall furnish a written certificate signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. The Board may charge a reasonable fee for issuing these certificates. Such certificates shall be conclusive evidence of payment of any assessment stated therein to have been paid.
Section 8: Effect of Nonpayment of Assessments: Remedies of the Association
If any assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of six (6) percent per annum. The Association may bring an action at law against the member personally obligated to pay or foreclose the lien against the property. Interest, costs, and reasonable attorney’s fees, if incurred, shall be added to the amount of such assessment. No member may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.
Section 9: Subordination of the Lien to Mortgages
The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or mortgages. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to a foreclosure decree or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 10: Exempt Property
The following property shall be exempt from the assessments created herein: (a) all Properties dedicated to and accepted by a local public authority; (b) all Properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia; however, no Lot utilized for dwelling purposes shall be exempt from payments of assessments.
Article XIV: Annexation
Additional residential property, recreational areas, or common areas may be annexed to the Properties by OTIS D. COSTON, JR. and GORDON V. SMITH, TRUSTEES, or their successors or assigns without the consent of the other members until September 1, 1979. The right to annexation of additional property to the Properties shall be limited to a certain tract or parcel of land described in a certain Deed of Conveyance dated March 12, 1970, to James B. Lockwood, Jr. and Phillip B. Shalloway, and recorded in Deed Book 3280, at page 547, in the land records of Fairfax County, Virginia, containing 10.1129 acres, more or less. Thereafter, annexation requires the consent of TWO-THIRDS (2/3) of the votes, in person or by proxy, entitled to be cast by the entire membership.
Article XV: Books and Records
The books, records, and papers of the Association shall be subject to inspection by any member during reasonable business hours. The Dedication, the Articles of Incorporation, and the By-Laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at a reasonable cost.
Article XVI: Corporate Seal
The Association shall have a seal in circular form with the words “Hunters Creek Homes Association, a Virginia Corporation” within its circumference.
Article XVII: Amendments
These By-Laws may be amended at a regular or special meeting of the members by a vote of the majority of a quorum of members present in person or by proxy. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control, and in the case of any conflict between the Dedication and these By-Laws, the Dedication shall control.
Article XVIII: FHA/VA Approval
As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of these By-Laws.
Article XIX: Miscellaneous
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.