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Covenants of Hallowing Point Association, Inc.
Approved February 9, 2013; Filed April 5, 2013
ARTICLE 1 – DEFINITIONS
1.1. “Association” shall mean the Hallowing Point Association, Inc., a Virginia corporation, and its successors in interest and assigns.
1.2. “Board” or “Board of Directors” shall mean and refer to the Board of Directors of the Hallowing Point Association, Inc.
1.3. “Community Property” shall mean all property and “reserved land”, and improvements thereon, owned by the Association and controlled and managed by the Board of Directors of the Association for the use and enjoyment of the Members.
1.4. “Hallowing Point” shall mean, as of the date of recordation hereof, and refer to the real property located in Sections 1, 3, 4, and 5 of the Hallowing Point River Estates Subdivision in Fairfax County, Virginia, and those parcels of real property located in Section 2 of such Subdivision at 5700, 5820, 5908, 5916, and 5920 Hallowing Drive, as described in Exhibit A hereto, and including, after the date of recordation hereof, any additional property subject to this Declaration as provided in Article 2 hereof.
1.5. “Lot” shall mean any plot or parcel of land, dedicated to residential use and exclusive of Community Property, that is included in Hallowing Point, as defined in paragraph 1.4 hereof.
1.6. “Owner” or “Lot Owner” shall mean each owner of record of fee simple title to, or an undivided fee simple interest in, a Lot, provided that any person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member.
1.7. “Member” shall mean the Owner(s) of a Lot.
1.8. “Associate Member” shall mean a non-Owner resident of Hallowing Point, including, without limitation, (a) members of an Owner’s household residing with the Owner(s) in Hallowing Point, or (b) persons who reside in Hallowing Point as tenants of an Owner.
1.9. “Member in Good Standing” shall mean a Member whose Association dues and assessments are no more than thirty (30) days in arrears.
1.10. “Associate Member in Good Standing” shall mean an Associate Member whose Association dues and assessments for the Lot(s) on which he resides are no more than thirty (30) days in arrears.
ARTICLE 2 – ADDITIONAL PROPERTY SUBJECT TO THIS DECLARATION
2.1. After the date of recordation of this Declaration, any Owner of a Lot(s) located in Section 2 of the Hallowing Point River Estates subdivision in Fairfax County, Virginia, located north of Hallowing Drive with a Hallowing Drive address, but not already a Member of the Association, as listed in Exhibit A, may apply to become a Member of the Association by agreeing in writing, submitted to the Board of Directors, to be bound by this Declaration and to pay in full to the Association an amount equal to the sum of all dues and assessments that would have been applicable had the Owner(s) been a Member of the Association during each year that the Owner(s) had owned the Lot. The Board may waive payment of amounts equal to the dues and assessments for such Lot(s) in excess of the four (4) years preceding receipt of an application for membership.
2.2. Any Lot Owner making such application shall become a Member of the Association, and the Owner’s Lot shall become a part of the real property constituting Hallowing Point for purposes of this Declaration, upon acceptance of such application by the Board of Directors and payment of the amount specified by the Board in accordance with the preceding paragraph.
ARTICLE 3 – MEMBERSHIP AND VOTING RIGHTS
3.1. Membership. Membership rights and privileges in the Association, as specified in and pursuant to these Covenants and the Bylaws of the Association, shall be held by the Members and the Associate Members.
3.2. Voting Rights. One vote shall be allocated to each Lot, which vote may be cast by the Member(s) in Good Standing having (or sharing) record ownership of such Lot, provided that only one vote may be cast with respect to each Lot. Members owning more than one Lot shall be entitled to cast one vote for each Lot owned, provided that the Member is in Good Standing with respect thereto. Associate Members shall not have voting privileges.
ARTICLE 4 - DUES AND ASSESSMENTS
4.1. Members shall pay to the Association on the first day of each Association fiscal year the dues and assessments established by the Association for each Lot subject to this Declaration.
4.2. All sums collected shall be used by the Association for the purpose of promoting the general benefit of the Association, including the recreation, health, safety, welfare, and enjoyment of the Members and Associate Members, and the maintenance of all Community Property, both real and personal.
4.3. Members shall be notified at least thirty (30) days in advance of the date annual dues and assessments must be paid.
4.4. Interest and penalties for dues or assessments more than thirty (30) days in arrears may be established and levied by the Board.
4.5. Establishment of and any change in dues or assessments shall be proposed by the Board of Directors and approved by a majority of the Members present or represented by a proxy at a regular or special meeting where a quorum exists. Notice of such meeting, specifying the intent to vote on such matters, shall be sent to all Members at least thirty (30) days in advance of the meeting.
4.6. Any dues and assessments required under this Article, if not paid, together with any penalties and interest established by the Association and any costs of collection thereof, including reasonable attorney’s fees, may become a lien against the property in favor of the Association. The lien shall be perfected by the filing of a “Memorandum of Association Lien” among the land records of Fairfax County, Virginia, which describes the Lot(s) affected thereby, recites the amount(s) in arrears, names the Owner(s) of the Lot(s) in question, and provides the name, address and telephone number of the Treasurer of the Association or other person or entity charged with the collection of dues and assessments. The lien of the dues and assessments provided for herein shall be subordinate to the lien of any mortgage, mortgages, or deed of trust now or hereafter placed upon the Lot subject to the dues and assessment; provided, however, that such subordination shall apply only to such dues and assessments which have become due and payable prior to the sale or transfer of such property pursuant to Trustee’s Sale or decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any dues or assessments thereafter becoming due, nor from the lien of any subsequent dues or assessments. 4.7. The Board of Directors shall have the authority to reduce or eliminate dues and assessments for any Member(s) due to financial hardship.
ARTICLE 5 - EASEMENT RIGHTS IN COMMUNITY PROPERTY
5.1. Members’ Easement of Enjoyment. Subject to the provisions of the following paragraph, every Member shall have a right and easement of enjoyment in and to the Community Property, and said easement shall be appurtenant to and shall run with the title to each Lot and cannot be transferred to other persons except upon sale of a Lot or transfer of title to a Lot by operation of law.
5.2. Extent of Members’ Easement. The rights and easements in the Community Property shall be subject to the following paragraphs and to relevant sections of the Bylaws:
5.2.1. The right of the Association to take such steps as are reasonably necessary to protect and preserve the Community Property, real or personal.
5.2.2. The right of the Association, as provided in its Articles and its Bylaws, to suspend the enjoyment rights in and to the Community Property of any Member for any period during which any dues or assessments remain unpaid for more than ninety (90) days by said Member.
5.2.3. The right of any non-resident Member whose Lot is occupied by an Associate Member to allocate Community Property rights to the resident Associate Member.
5.2.4. The right of the Association to adopt and publish rules and regulations regarding the use of the facilities which are located on the Community Property.
5.2.5. The right of the Association to grant and dedicate easements to any municipality or public utility for the purpose of the installation and maintenance of necessary utilities to serve the Community Property; provided that such easements shall not be inconsistent with or unreasonably restrict the use of the Community Property.
5.2.6. The right of the Association, as provided herein and by its Articles and Bylaws, to sell, lease, exchange, or dispose of the Community Property, or any portion thereof, provided that no Community Property may be sold, leased, exchanged, or disposed of without approval of not less than two-thirds (2/3) of the Members.
5.2.7. The right of Fairfax County, Virginia, to any open space easement created by an instrument from the appropriate officials of the County and duly recorded in the County land records.
ARTICLE 6 - GENERAL PROTECTIVE COVENANTS, RESTRICTIONS, AND EASEMENTS
6.1. To the extent that any of the covenants, restrictions, and easements in this Article are less restrictive than existing statutes or Fairfax County Code regulations, they shall be superseded by statute or Code.
6.2 The covenants, restrictions, and easements in this Article shall apply to all Lots, to the Members, and to Associate Members.
6.3. No structure shall be erected, placed, or permitted to remain on any residential Lot other than one detached, single-family, custom-built residence, together with a private garage and/or other appurtenant structure(s).
6.4. No house shall be built on any Lot within fifty (50) feet of the front property line (street-facing), forty (40) feet from the Potomac River shoreline at mean high tide, twenty (20) feet of the side property lines, and twenty-five (25) feet of the rear property line. Note: Corner lots are deemed to have two (2) front property lines.
6.5. Each residence constructed on any Lot shall have a finished, above-grade living space, excluding open porches, terraces, breezeways, and garages, of not less than 2,500 square feet.
6.6. No trailer, tent, mobile home, or temporary structure shall be used for living quarters.
6.7. Each residence shall have a garage or parking area sufficient to provide off-street parking for all cars, boats, campers, and other vehicles used by the residents and any overnight guests.
6.8. Each residence, all appurtenant structures, and landscaping shall be constructed and maintained so that the view of the Potomac River from other riverfront residences is not substantially or unreasonably impaired.
6.9. Each residence, all additions, appurtenant structures, and landscaping shall be constructed and maintained in accordance with such additional architectural guidelines and criteria as shall, from time to time, be prescribed and published by the Board of Directors and approved by the Association, and as further defined in Article 7 of these Covenants and in the Association Bylaws.
6.10. No Lot shall be cleared until approval is granted by the Board of Directors.
6.11. No Lot or any building or structure erected thereon shall be used as a place of business or as part of a commercial operation unless such business or commercial operation complies with all requirements established by the Board of Directors and approved by the Association, and the regulations, laws, and ordinances of Fairfax County, Virginia, including but not limited to the Fairfax County Zoning Ordinance, as it may be amended from time to time. This covenant is not intended to prohibit residents from pursuing hobbies or noncommercial activities involving the use of a Lot, provided such use does not violate any provision of this Declaration or the laws, ordinances, and regulations of Fairfax County, Virginia, as promulgated and amended from time to time.
6.12. The Association reserves the right at any time to enter upon any Lot for the purpose of clearing the Lot of trash or any other unsightly matter or things which have been deposited or accumulated on such Lot; such action will be taken only after reasonable notice to the Owner thereof and request that the Lot Owner remove all objectionable material. Any costs incurred will be billed as an individual assessment to the Lot, and if not paid shall become a lien against the Lot in favor of the Association and shall be enforced and perfected as hereinabove provided for the lien for dues and assessments. The reservation of this right by the Association does not relieve Lot Owners from their responsibility to maintain their Lots in a safe and sightly manner in accordance with Fairfax County Code.
6.13. No sign, billboard, or other similar device shall be erected, placed or maintained upon any Lot or Community Property in Hallowing Point except as provided below:
6.13.1. Temporary “For Sale” or “For Rent” signs are permitted in accordance with Fairfax Count statutes and zoning ordinances.
6.13.2. Temporary political campaign signs are permitted in accordance with Fairfax County statutes and zoning ordinances.
6.13.3. Signs may be erected by the Association on the Community Property to further the interests of the community.
6.13.4. Security alert signs, including “No Trespassing” signs, are permitted in accordance with Fairfax County statutes and zoning ordinances.
6.13.5. Nothing in this paragraph shall be construed to restrict the display of signs otherwise required by Fairfax County statute or zoning ordinance.
6.14. Materials, equipment, or vehicles may not be stored on Community Property without the consent of the Board of Directors.
ARTICLE 7 - ARCHITECTURAL REVIEW
7.1. Hallowing Point is a residential community of wooded home sites featuring residential homes of individual design utilizing the natural topography to the maximum extent possible. To ensure preservation of the community character, all site plans, specifications, plats, and plans for external design of all improvements in Hallowing Point must be approved by the Board of Directors prior to commencement of any construction, clearing, or grading of any Lot, or the construction or erection of any improvements thereon. 7.2. The Board of Directors shall, from time to time, publish and prescribe architectural guidelines and criteria, subject to approval by the Association. Such architectural guidelines and criteria shall apply to all Lots and shall be included in the Association’s Bylaws.
7.3. Proposed projects on any Lot, including the site plan, building plans, and all other specifications, shall conform to all Covenants, conditions and restrictions herein contained, and shall conform to any and all other architectural guidelines and criteria prescribed and published by the Board of Directors as approved by the Association. At minimum, such plans shall show the proposed grading, location of all structures (including accessory structures and uses), materials to be used, drain field, driveways, docks, swimming pools, piers, seawalls, retaining walls, recreational improvements, property boundaries, limits of driveway paving, storm drainage easements, floor plans of the structure(s), and sketches or drawings of the exterior appearance and color scheme of the structure(s).
7.4. The Board’s approval or disapproval of any project shall be in writing. If the Board fails to give written approval or disapproval within thirty-five (35) days following receipt of a complete written application for such project, then the project shall be deemed to be approved.
7.5. The Board shall have the right to inspect the construction or other improvements periodically, solely to ensure compliance with the approved plans and specifications, and to obtain injunctive or other relief against further construction if actual construction deviates from the approved plans and specifications.
7.6. Any Owner whose application for construction or improvement is denied, in whole or in part, by the Board of Directors shall have the right to appeal such denial to the Board and subsequently, to call a special meeting of the Association to review and reconsider the decision, as specified in the Association Bylaws.
ARTICLE 8 - GENERAL PROVISIONS
8.1. Officers and Directors Service. All officers and directors of the Association shall serve as such without compensation as a matter of civic duty to the Association and its Members. It shall be the duty of the officers and the directors of the Association and any committee member or volunteer to conduct the Association’s affairs for the maximum benefit and enjoyment of its Members, to protect and maintain the Community Property, and to inform the Members of all developments that may have a substantial effect or impact upon the Association. Minutes shall be kept of all meetings of the Board of Directors and shall be made available for review by any Member upon such Member’s request. In conducting the Association’s affairs, the officers and directors shall enjoy all powers normally associated with their offices, and shall be immune from suit by the Members for the results or consequences of any of their actions prudently and openly undertaken in good faith in conducting the affairs of the Association.
8.2. Notices. It is the responsibility of every Member to provide a correct and current email or postal address to the Association. The Association assumes no liability for failure to notify Members of official Association business due to the lack of a correct email or postal address.
8.3. Enforcement. Enforcement of this Declaration shall be by means of any proceeding at law or in equity, by the Association, or any Member thereof, against any person or persons violating or attempting to violate any covenant, condition or restriction, either to restrain violation or to recover damages, or both, and as against the land, to enforce any lien created by this Declaration; and failure by the Association or by any Member to enforce any provision herein contained shall in no event be deemed a waiver of the right to do so thereafter. Members and Associate Members are strongly encouraged to seek action by the Board of Directors prior to taking individual action.
8.4. Duration, Amendment and Modification. The covenants herein set forth are to run with the land and shall be binding on all parties and all persons claiming under them until ten (10) years from recordation, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless, by a vote of Members representing at least twothirds (2/3) of the Lots, it is agreed to amend or modify this Declaration in whole or in part. This Declaration may be modified or amended at any time by a vote of Members representing at least two-thirds (2/3) of the Lots. Notice of any proposed amendment or modification of these covenants shall be given to the Members at least sixty (60) days in advance of the proposed recordation date thereof. An amendment or modification shall be recorded among the land records of Fairfax County, Virginia, and any such amendment or modification shall become effective upon such recordation.
8.5. Severability. Invalidation of any paragraph, section or article of these covenants or restrictions by judgment or court order shall not affect the validity of other paragraphs, sections, or articles of the covenants and restrictions, which shall remain in full force and effect.
8.6. Construction. In the event of any conflict between the provisions of this Declaration and the provisions of (i) the Articles of Incorporation, (ii) the Bylaws, (iii) the Deed of Dedication dated August 10, 1948, and recorded in Liber 646, Page 224, among the land records of Fairfax County, Virginia, and (iv) those instruments recorded in Deed Book 1181, Page 458, Deed Book 1349, Page 84, Deed Book 1355, Page 255, Deed Book 4883, Page 260, and Deed Book 7049, Page 246, among the land records of Fairfax County, Virginia, the provisions of this Declaration shall be final and controlling.
Effective Date. This Declaration shall become fully effective and binding upon recordation among the land records of Fairfax County, Virginia.
Exhibit A Hallowing Point Association, Inc. as of April 1, 2013
Properties Eligible to Apply for Membership in Hallowing Point Association, Inc. as of April 1, 2013
5750 Hallowing Drive
5800 Hallowing Drive
5808 Hallowing Drive
5816 Hallowing Drive
5900 Hallowing Drive
5926 Hallowing Drive