The name of the Corporation is LEEWOOD HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the "Association". The principal office of the Corporation shall be located at 1400 North Uhle Street, Arlington, Virginia, but meetings of members and directors may be held at such places within the State of Virginia, County of ____________________ as may be designated by the Board of Directors.
The purpose of this Corporation is to provide for the preservation, maintenance and management of certain community facilities located within the community known as Leewood in Fairfax County, Virginia and to provide architectural control for the residential properties located therein, to promote the health, safety and welfare of the residents of said community and to provide for the exterior maintenance of the residential properties located therein, all consistent with the provisions of Articles of Incorporation these By-Laws and the Declaration of Covenants and Restrictions hereinafter mentioned.
Section 1. "Association" shall mean and refer to LEEWOOD HOMEOWNERS ASSOCIATION, INC., its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 3. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the members of the Association.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area.
Section 5. "Member" shall mean and refer to every person or entity who holds a membership In the Association.
Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot which Is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 7. "Declarant" shall mean and refer to Clarence W. Gosnell, Inc., their successors and assigns.
Section 8. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the office of the Clerk of the Circuit Court of Fairfax County, Virginia.
Section 1. The Association shall have two classes of voting membership:
Section 2. Suspension of Membership. During any period in which a member shall be in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use of the recreational facilities of such member may be suspended by the Board of Directors until such assessment has been paid. Such rights of a member may also be suspended, after notice and hearing, for a period of not more than thirty (30) days for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.
Section 1. Each member shall be entitled to the use and enjoyment of the Common Area and facilities as provided in the Declaration. Any member may delegate his rights of enjoyment of the Common Area and facilities to the members of his family, his tenants or contract purchasers, and their guests, who reside on the property. Such member shall notify the secretary in writing of the name of any such delegee. The rights and privileges of such delegee are subject to suspension to the same extent as those of the member.
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. (As amended 14 December 1978.)
Section 2. Election. At the annual meeting, the members shall elect directors. The term of office is three years. (As amended 12 March 1991.)
Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority of the members of the Association. In the Board does not have its full complement of five members for any reason whatever, the Board can appoint directors to fill the vacancies. The term of office will be to the next annual homeowners meeting. (As amended 12 March 1991.)
Section 4. Compensation. No director, family member of a director, nor business owned by a director shall receive compensation for any service rendered to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. (As amended 12 March 1991.)
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 l. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. Special Meetings. Special Meetings of the Board of Directors shall be held when called by the President of the Association or by any two directors, after not less than three (3) days notice to each director.
Section 3. Quorum. A majority of the number of sitting
directors shall constitute a quorum for the transaction of business
provided that the quorum shall not be less than two. Every act or
decision done or made by a majority of the directors present at
a duly held meeting at which a quorum is present shall be regarded
as the act of the Board. (As amended 20 April 2006.)
Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced to each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election, the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Section 1. Powers. The Board of Directors have power:
Section 2. Duties. It shall be the duty of the Board of Directors:
Section 1. The Association shall appoint an Architectural Control Committee as provided in the Declaration and a Nominating Committee as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purposes, such as:
Section 2. It shall be the duty of each committee to receive complaints from members on any matter involving Association functions, duties and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or offices of the Association as is further concerned with the matter presented.
Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent regular meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 8:00 o'clock P.M. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.
Section 2. Special Meetings. Special Meetings of the members may be called at any time by President or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all the votes of any membership class.
Section 3. Notice of Meeting. Written notice of each meeting of the members shall be given by causing to be delivered a copy of such notice not less than 10 days nor more than 50 days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notices will specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. (As amended 14 December 1978.)
Section 4. Quorum. The presence at the meeting of members entitled to cast, or proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, of these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.
Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot.
Section 1. Enumeration of Officers. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create.
Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following such annual meeting of the members.
Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold offices for one (1) year unless he shall sooner resign, or shall be removed or otherwise disqualify to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve the remainder of the term of the officer he replaces.
Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices, except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
(a) The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.
(b) The Vice President shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
(c) The Secretary shall record the votes and keep the minutes of all meetings and proceedings of Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.
(d) The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account, cause an annual audit of the Association's books to be made by the public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members.
Section 1. Creation of the Lien and Personal Obligation of Assessments. By the Declaration each member is deemed to covenant and agree to pay to the Association: (1) annual assessment or charges, and (2) special assessments for capital improvements. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessment levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents In the Properties and in particular for the improvement and maintenance of the properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the homes situated upon the Properties.
Section 3. Basis and Maximum of Annual Assessments. Until January 1 of the year immediately following conveyance of the first lot to an owner, the annual assessment shall be one Hundred Eighty Dollars ($180.00) per lot.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 10 days nor more than 50 days in advance of the meeting, setting forth the purpose of the meeting. The Declarant shall be responsible for all improvements within the Common Area and the maintenance of same for a period of six months after such improvements are made.
Section 5. Uniform Rate. Both annual and special assessments must be fixed at a uniform rate for all lots. The Board of Directors may, at its discretion, require the annual and/or special assessments to be paid on a monthly basis and may permit that such payments be made to a mortgagee under the deed of trust on the respective lots, or any other collection agent selected by the Board of Directors.
Section 6. Quorum for Any Action Authorized Under Sections 4 and 5. At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding month.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessment provided for herein shall commence as to all lots 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 against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing, signed by the officer of the Association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 8. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the 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 percent (6%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use 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 liens of any mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any mortgages pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 10. Exempt Property. The following property subject to the Declaration shall be exempt from the assessments created therein: All properties dedicated to and accepted by a local public authority.
The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost.
The Association shall have a "seal" in circular form having within its circumference the words: Leewood Homeowners Association, Inc.
Section 1. Notice to Association. Every unit owner who mortgages his Unit shall notify the Board of Directors of the name and address of his mortgagee.
Section 2. Notice of Mortgagees. Whenever any first mortgagee of any Unit so requests in writing, the Unit Owners Association shall give written notice to said mortgagee of any proposed alienation, hypothecation, condemnation, or change in professional management status effecting common areas or facilities of the Leewood project.
Section 3. Notice of Unpaid Assessments for Common Expenses. The Association, whenever so requested in writing by a mortgagee of a Unit, shall promptly report any then unpaid assessments for Common Expenses due from, or any other default by, the Unit Owner of the mortgaged Unit.
Section 4. Notice of Default. The Association, when giving notice to a Unit Owner of a default in paying an assessment for Common Expenses or any other default, shall send a copy of such notice to each holder of a mortgage covering the Unit whose name and address shall have theretofore been furnished to the Association. In addition, if any such default shall continue uncured for 30 days, the Association shall notify the mortgagee, in writing, of that fact.
Section 5. Right to Examine Books. First mortgagees shall have the right to examine the books and records of the Association.
Section 6. Right to Cure Default. First mortgagees of units in the Leewood Development may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Leewood common property and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property and such first mortgagees making such payments shall be owed immediate reimbursement therefor from the Associate association.
Section 7. Acts Requiring Consent of Mortgagees. Unless at least 75% of the first mortgagees (based upon one vote for each first mortgage) of individual units in Leewood have given their prior written approval, the Leewood Homeowners Association, shall not be entitled to:
Section 1. These By-Laws may be amended at a regular or special meeting of the members by a vote of a majority of a quorum of members present in person or by proxy.
Section 2. 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 Declaration and these By-Laws, the Declaration shall control.
Section 3. Approval of Mortgagees. These By-Laws contain provisions concerning various rights, priorities, remedies and interests of the mortgagees of Units. Such provisions in these By-Laws are to be construed as covenants for the protection of the mortgagees on which the mortgagees may rely in making loans secured by mortgages on the Units. Accordingly, no amendment or modification of these By-Laws impairing or affecting the rights, priorities, remedies or interests of a mortgagee shall be adopted without the prior written consent of such 75% mortgagees.
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.
IN WITNESS WHEREOF, we, being all of the Directors of LEEWOOD HOMEOWNERS
ASSOCIATION, INC.. have hereunto set our hands this ________ day
of _________________________ 1975.
Section 1. Location. Vehicles shall be parked only within marked parking spaces. (Adopted 11 March 1981.)
Section 2. Restricted Vehicles. The following vehicles are
prohibited from parking in Leewood:
Section 3. Maintenance and Repair. Vehicles shall not appear
to be inoperable for
Section 4. Reserved Parking Places. Vehicles may not be parked in a place marked "reserved" unless the vehicle belongs to the owner of that unit or has permission of the owner of the unit. (Adopted 13 March 2007)
Section 5. Enforcement. The Association reserves the right to tow vehicles (at the owner's risk and expense), boot the vehicle, and/or assess charges for any violation of these restrictions. Further, the Fairfax County Police are hereby authorized to enter the Common Area to enforce traffic and registration laws/regulations of the Commonwealth of Virginia and Fairfax County. (Adopted 11 March 1981; Amended 13 March 2007.)
For the purposes of this section, the following definitions apply:
A POD placed anywhere else and used for any purpose other than as specified above shall be in violation of these rules. Further, if a POD is not removed within 48 hours, a certified letter will be sent to the lot owner stating that the POD must be removed with 48 hours of the date of the letter or the Association will contract for the POD to be removed at the homeowners expense with the cost of removal and other related costs or fees to be assessed against the lot owner. A lot owner is responsible for the cost of any damage to community property caused by a POD. The cost of any such damage shall be assessed against the lot owner as an assessment.
Section 1. The Fairfax County Animal Warden and the Fairfax County Police are hereby authorized to enter upon the Association's property and common area for the purpose of enforcing the Fairfax County and Commonwealth of Virginia laws, ordinances and regulations generally referred to as "leash laws" (Adopted 11 March 1981.)
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