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For Legal issues please click here for the
ORIGINAL PDF SCANNED VERSION

CAMPUS EAST COMMUNITY ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

Articles

Description

Article I

Definitions

Article II

Property Rights

Article III

Property Subject to Campus East Restrictions

Article IV

Land use Classifications, Permitted Uses and Restrictions

Article V

Campus East Community Association (Organization, Responsibility Duties)

Article VI

Membership and Voting Rights

Article VII

Convenant for Maintanence Assessments

Article VIII

Architectural Control

Article IX

General Provisions

Supplemental

Supplemental Declaration of Covenants, Conditions and Restrictions

2nd Supplemental

2nd Supplemental Declaration of Covenants, Conditions and Restrictions

THIS DECLARATION, made on the date hereinafter set forth by EAST ASSOCIATES, INC., a Virginia corporation, referred to as "Declarant", which executed this Declaration to consent to the same and to subject those of the subject lost to which it has taken title to this Declaration and all of the provisions hereof. FLAIR ASSOCIATES, a Virginia General Partnership, and R. G. Moore Building Corp., a Virginia Corporation, being the owners of, a portion of the property hereinafter described, join in this Declaration to evidence their acceptance and confirmation of the covenants, conditions and restrictions herein set out.

WITNESSETH: 

WHEREAS, Declarant is the Owner of certain property in the City of Virginia Beach, Virginia which is more particularly described as follows:

All those certain lots, pieces or parcels of land lying, situate and being in the City of Virginia Beach, Virginia, designated as “25.283 Acres”; “4.856 Acres TRACT NO: 2 PLAT SHOWING PORTION OF BOORMAN FARM (M. B. 6. 23)”; and “4.907 Acres 'I'RAC'I' NO; 1 PLAT SHOWING PORTION OF BOORMAN FARMS (M. B. 6, P. 23)” as shown on that certain plat entitled “SURVEY OF PROPERTY FOR CAMPUS EAST ASSOCIATES BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA”, dated December, 1979, prepared by John E. Sirine and Associates, Ltd., Surveyors and Engineers, Virginia Beach, Virginia and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 79, at page 35, to which is made for a more particular description.

All certain lots, pieces or parcels of land lying, situate, and being in the City of Virginia Beach, Virginia, being that portion of “PARCEL 1 16.550 Acres” which is south of the “20 1 EASEMENT FOR INGRESS AND EGRESS AND UTILITIES, DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA. (M.B. 66, p. 46)" and "PARCEl. 2 7.693 Acres", as shown on that certain plat entitled “SURVEY OF PROPERTY FOR CAMPUS EAST ASSOCIATES BOROUGH VIRGINIA BEACH, VIRGINIA”, dated March, 1980, revised August 20, 1981, prepared by John E. Sirine and Associates, Ltd., Surveyors and Engineers, Virginia Beach, Virginia and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 160, at page 29 to which reference is made for a more particular description.

All that certain lot, piece or parcel of land lying, situate and being in the City of Virginia Beach, Virginia, designated as "”PARCEL 'C' AREA - 62.547 ACRES” as shown on that certain plat entitled "SURVEY OF A PORTION OF SAMUEL G. JONES ESTATE DEED BOOK 229, P. 25 BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated September 23, 1981, prepared by Talbot & Associates,. Ltd. Engineers-Architects-Surveyors, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 152, at Page 11, to which reference is made for a more particular description.

All those certain lots, pieces or parcels of land lying, situate and being in the City of Virginia Beach, Virginia, being that portion of “PARCEL 'A' AREA ­18.506 Acres” which is north and south of the “20' INGRESS/ -EGRESS AND UTILITIES EASEMENT  66 p. 46” and north of the "30' CITY OF NORFOLK R/W" and that portion of “PARCEL 'B' ACRES -7.304 AC.” as shown on that certain plat entitled "SURVEY OF PORTION OF SAMUEL G. JONES ESTATE DEED BOOK 229, P. 25 BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated September 23, 1981, prepared by Talbot & Associates, Ltd., Engineers­Architects-Planners-Surveyors, Virginia Beach, Virginia, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 152, at Page 11, to which reference is made for a more particular description.

NOW, THEREFORE, Delcarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of such owner thereof.

ARTICLE I

DEFINITIONS

Section 1. "Association" shall mean and refer to CAMPUS EAST COMMUNITY ASSOCIATION, its successors and assigns.

Section 2. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners and more particularly described as follows:

All that certain piece or parcel of land, together with the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough, City of  Virginia Beach, Virginia, and designated and described as "Recreation Area" as shown on preliminary plat dated March 24, 1982 and approved by the City of Virginia Beach.

The foregoing property being a portion of the same property conveyed to Campus East Associates, Inc. by Lakeside Construction Corp., W. W. Reasor, Lucy F. Reasor, and Samuel G. Jones Estate.

Section 3. "Declarant" shall mean and refer to Campus East Associates, Inc., its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from Declarant for the purposes of development.

Section 4. "Declaration" shall mean the covenants, conditions and restrictions and all other provisions herein set forth in this entire Document, as same may from time to time be amended and supplemented.

Section 5. "General Plan of Development" shall mean that plan heretofore submitted to the City of Virginia Beach encompassing the whole of the intended community and setting forth that the property hereinabove described will be used for the construction of 741 townhouses and 160 single family homes and for a recreation area and for any such other uses as the Declarant may determine in such plan as may ultimately be approved by the City of Virginia Beach, Virginia, Federal Housing Administration ("FHA") and the Veterans Administration ("VA"), together with any and all Tract Declarations which may be recorded by Declarant, as said Tract Declarations may be amended from time to time relating to all or part of the Community of  Campus East. Reference is hereby made to Article III, Section Two hereof for reference to further development.

Section 6. "Campus East" shall mean all real property located in the City of Virginia Beach, State of Virginia, which becomes subject to the Declaration, together with such other real property as may from time to time be annexed thereto.

Section 7. "Living unit" shall mean and refer to any portion of  a Single or Multi-Family Structure situated upon the Properties designed and intended for use and occupancy as a residence by a single family.

Section 8. "Lot" shall mean any parcel of real property designed as a Lot on any recorded Subdivision Plat within Campus East, with the exception of the Common Area.

Section 9. "Multi-Family Structure" shall refer to a structure with two or more Living Units under one roof except when such Living Unit is situated upon its own individual Lot as defined herein.

Section 10. "Owner(s)" shall mean and refer to the record owner, whether one or more persons or entities, of equitable or beneficial title (or legal title if same has merged) of any Lot. The foregoing does not include persons or entities who hold an interest in any Lot merely as security for the performance of any obligation. Except as stated otherwise herein, "Owner" shall not include one who was merely contracted to purchase any property or a lessee or tenant, of any apartment, condominium, or a Single Family Residence. The term "Owner" shall not include a Developer, who for this Declaration shall be defined as a builder, contractor, investor or other person or entity who purchases a Lot in Campus East for the purpose of resale thereof to a Public Purchaser, or for the purpose of constructing improvements thereon for resale to a Public Purchaser. For the purpose of Article IV only, unless the context otherwise requires, "Owner" shall also include the family, invitees, licensees and lessees of any Owner, together with any other person or parties holding any possessory interest granted by such Owner in any Lot.

Section 11. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 12. "Public Purchaser" shall mean any person or other legal entity who becomes an Owner of any Lot within Campus East.

Section 13. "Section" shall mean all that land area containing lots recorded by subdivision plat for residential purposes encompassed in a specific stage of development as set forth more particularly in the General Plan of Development as approved by the City of Virginia Beach and as amended from time to time.

Section 14. "Tract" means any parcel of Land representing a portion of the entire community and which represents a subdivision of one or more Lots.

Section 15. "Tract Declaration" shall mean any declarations of covenants, conditions and restrictions which may be recorded by Declarant, relating to all or part of Campus East, whether such document is referred to as a declaration, amendment, or supplement.

Section 16. "Subdivision Plat" shall mean a recorded plat covering any or all the property referred to in this Declaration or annexed thereto.

Section 17. "Visible from Neighboring Property" shall mean respect to any given object that such object is or would be visible to a person six feet tall, standing on any part of such neighboring property at an elevation no greater than the elevation of the base of the object being viewed.

Section 18. "Single Family Residence" shall refer to a structure containing dwelling units where each dwelling unit is located on a separate Lot and shall include townhouses, duplexes, and cluster-type houses where the individual dwelling units are attached at a boundary line.

Section 19. "FHA" and "VA" shall mean the Federal Housing Administration and the Veterans Administration, respectively.

ARTICLE II

PROPERTY RIGHTS

Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

  1. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common area;
  2. The right of the Association to give a mortgage or deed of trust when financing any improvements located on the "Common Area", but no such mortgage or deed of trust shall be effective unless an instrument has been signed by more than two-thirds (2/3) of each class of members, agreeing to such mortgage or deed of trust;
  3. The right, hereby reserved, of the Declarant, whether or not such right is expressly reserved in any deed of conveyance of any part of the Common Area to the Association, to grant easements over, along, under and through the Common Area to the City of Virginia Beach or any utility company for drainage or utility purposes. This right of the Declarant shall terminate upon conveyance of the Common Area to the Association;
  4. The right of the Association to suspend the voting rights and right to use the recreational facilities by an Owner for any period during which any assessment against his Lot or Living Unit remains unpaid; and for a period not to exceed 60 days for any infraction of this Declaration or the Association Rules;
  5. The right of the Association to dedicate or transfer all or any part of the Common 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 made unless an instrument, including a certificate of the Secretary of the Association that at least two-thirds (2/3) of those present and voting at a meeting duly called and held agreed to such dedication or transfer, has been recorded;
    Nothing herein contained shall limit the right of the Association to provide in its by-laws or elsewhere a limitation on the number of guests that a Member may have (on the Common Area).
  6. The right of individual Owners to the exclusive use of parking space as provided in this Article.

 

Section 2. Delegation of Use. Any Owner may delegate, in accordance with the by-laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, and his guests or invitees.

Section 3. Parking Rights. Where parking is not provided on-site for the Owners of townhouses or units in duplexes or cluster-type homes, ownership of each such site or unit shall entitle the Owner or Owners thereof to the use of not more than two automobile parking spaces, which shall be as near and convenient to said site as reasonably possible, together with the right of ingress and egress in and upon said parking area.

ARTICLE III

PROPERTY SUBJECT TO THE CAMPUS EAST RESTRICTIONS

Section 1. General Declaration creating Campus East. Declarant shall develop Campus East by subdivision into various Lots and Tracts. As each is developed, Declarant intends, with respect to particular property, to record one or more Tract Declarations which will incorporate this Declaration therein by reference, and which may supplement or modify this Declaration with such additional covenants, conditions and restrictions as
may be appropriate for that property, subject to the approval of the FHA and VA. Thereafter, Declarant intends to sell and convey, to Public Purchasers, Lots in the property so developed subject to both this Declaration and the Tract Declarations, if any, for that Tract. Declarant hereby declares that all of the real property within Campus East is and shall be held, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration and any recorded Tract Declarations, as amended or modified from time to time. This Declaration and said Tract Declarations are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of said real property and are established for the purpose of enhancing and perfecting the value, desirability and attractiveness of said real property and every part thereof. All of this Declaration shall run with all of said real property for all purposes and shall be binding upon and inure to the benefit of Declarant, the Association, all Owners and their successors in interest.

Section 2. Stated Developments. Additional land within the area may be annexed the Declaration without the consent of Members provided that the FHA and the VA determine that the annexation is in accord with the general plan heretofore approved by them. Such annexed land may, but shall not necessarily include, additional land for Single Family Residential Use, including duplexes, townhouses and cluster-type houses, as aforesaid, and Common Areas, Commercial Area, and Multi-Family Residential use.

ARTICLE IV

LAND USE CLASSIFICATIONS,
PERMITTED USES AND RESTRICTIONS

Section 1. Land Use Classifications. As each Tract or portion thereof within Campus East is developed and annexed, the use classifications, restrictions, easements, rights of way, and other matters including new or different uses and restrictions therefor, including any number of subclassifications thereof for any special uses, shall be fixed by Declarant in any Tract Declaration which may be recorded for that Tract, subject to the approval of FHA and VA. In exercising such authority as granted herein. Declarant shall not impose any new land use classifications or new restrictions which are not generally in consonance with existing uses and restrictions applicable to Campus East. When property is annexed to Campus East the use classifications thereof shall be established by the Tract Declaration covering said property. No restrictive covenants set forth herein nor any other provisions hereof shall in any way apply to land of Declarant not described herein nor annexed by following the procedures set forth herein.

Section 2. Permitted Uses and Restrictions -Single Family. The permitted uses, easements and restrictions for all property in this classification within Campus East, covered by this Declaration, except for Common Area, shall be as follows:

  1. Single Family Residential Use. All property in this classification shall be used, improved and devoted, exclusively to Single Family Residential Use. No gainful occupation, professions, trade or other non-residential use shall be conducted on any such property. Nothing herein shall be deemed to prevent the leasing of all such property to a single family from time to time by the Owner thereof, Subject to all the provisions of The Declaration. No structure whatever, other than one private, Single Family Residence, together with a private garage for not more than three (3) cars, a guest house or servant quarters, shall be erected, placed or permitted to remain on any lot and no facilities for the preparation of food shall be provided or permitted in any guest house or servants' quarters to be erected on said premises.
  2. Animals. No animals, birds, fowl, poultry, or livestock, other than a reasonable numbers of generally recognized house or yard pets, shall be maintained on any property within Campus East and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance. No structure for the care, housing or confinement of any animal shall be maintained so as to be visible from Neighboring Property. Upon the written request of any Owner, the Board which is hereinafter defined, shall conclusively determine, in its sole and absolute discretion, whether, for the purposes of this paragraph, a particular animal is a generally recognized house or yard pet, or a nuisance, or whether the number of animals on any such property is reasonable. Any decision rendered by the Board shall be enforceable as other restrictions contained herein.
  3. Antennae. No antenna or other device for the transmission or reception of television or radio signals or any other form of electro-magnetic radiation shall be erected, used or maintained outdoors on any property within Campus East, whether attached to a building or structure or otherwise, unless approved by the Architectural Control Committee.
  4. Utility Service. No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, and radio signals, shall be erected, placed or maintained anywhere in or upon any property within Campus East unless the same shall be contained in conduits or cables installed and maintained underground or concealed in, under or on buildings or other structure approved by the Architectural Control Committee. No provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or structures approved by the Architectural Control committee. The provisions of this paragraph shall not apply to the Declarant.
  5. Improvements and Alterations. No improvements, alterations, repairs, change of paint color, excavations or other work which in any way alters the exterior appearance of any property within Campus East or the improvements located thereon from its natural or improved state existing on the date such property was first conveyed in fee by Declarant to a Public Purchaser or annexed to Campus East, whichever is later, shall be made or done without the prior approval of the Architectural Control Committee, except as otherwise expressly provided in this Declaration. No building, fence, wall, residence or other structure shall be commenced, erected, maintained, improved, altered, made or done without the prior written approval of the Architectural Control Committee or any committee established by the Architectural Control Committee for the purpose. Pursuant to its rule-making power, the Architectural Control Committee shall establish a procedure for the preparation, submission and determination of applications for any such alteration or improvement, subject to the Board's approval. The Architectural Control Committee shall have the right to refuse to approve any plans or specifications or grading plan, which is not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such plans, specifications and grading plans and without any limitation of the foregoing, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property. All subsequent additions to or changes or alterations in any building, fence, wall or other structure, including exterior color scheme, shall be subject to the prior approval of the Architectural Control Committee. No changes or deviation in or from such plans and specifications once approved shall be made without the prior written approval of the Architectural Control Committee. All decisions of the Architectural Control Committee shall be final except for appeals from their decisions upheld by a two-thirds (2/3) vote of the Board and no Lot Owner or other parties shall have recourse against the Architectural Control Committee or the board for their refusal to approve any such plans and specifications or plot plan, including lawn area and landscaping.
    Should the Architectural Control Committee fail to either approve or disapprove any plans submitted to it within thirty (30) days from the date an applicant has submitted such plans, then it shall be deemed that said plans have been approved and applicant may proceed with the same.
  6. Temporary Occupancy. No trailer, basement or any incomplete building, tent, shack, garage or barn, and no temporary buildings or structures of any kind shall be used at any time for a residence on any property within Campus East, either temporary or permanent. Temporary buildings or structures used during the construction of a dwelling on any such property shall be removed immediately after the completion of construction.
  7. Trailers and Motor Vehicles. Except with approval of the Architectural Control Committee, no mobile home, trailer of any kind, truck, camper, boat, or permanent tent or similar structure shall be kept or placed for a period of more than forty-eight hours, or maintained, constructed, reconstructed, or repaired, nor shall any motor vehicle be constructed, reconstructed, or repaired, upon any property or street (public or private) within Campus East in such a manner as will be visible from Neighboring Property; provided, however, that the provisions of this paragraph shall not apply to emergency vehicle repairs or temporary construction shelters or facilities maintained during, and used exclusively in connection with, the construction of any improvements approved by the Architectural Control Committee.
  8. Maintenance of Lawns and Plantings
  1. By Owner. Each Owner of a Lot within Campus East shall, unless exterior maintenance is otherwise provided for in supplemental Tract Declarations or Master Deeds, keep all shrubs, trees, grass and plantings of every kind on his property, including set back areas, planted areas between adjacent sidewalks and the street curb, if any, and any other area located between the boundary line of his property and the street or other property (public or private) on which such Owner's property abuts, neatly trimmed, properly cultivated and free of trash, weeds, and other unsightly material; provided, however, that. such Owner shall not be responsible for maintenance of any other Area as to which Declarant or the Association has assumed the responsibility. Should any Owner fail to perform the acts required by this subsection, Declarant or the Association or its authorized agents shall have the right at any reasonable time to enter upon the Lot of such Owner to plant, replace, maintain, and cultivate shrubs, trees, grass or other plantings located thereon at cost to the Owner.
  2. By Declarant or the Association. Declarant or the Association shall have the right, at any time, to plant, replace, maintain and cultivate shrubs, trees, grass and plantings on any property within Campus East other than on a Lot, and on such easements over an Owner's Lot as may have been granted to Declarant or the Association is regardless of whether any Owner or the Association is responsible hereunder for maintenance of such areas. No Owner shall remove, alter, injure or interfere in any way with any shrubs, trees, grass or plantings placed upon any such property by Declarant or the Association without the written consent of the Association having first been obtained. The Association or its authorized agent shall have the right to enter upon any property within such other areas, at any reasonable time, for the purpose of planting, replacing, maintaining or cultivating such shrubs, trees, grass or plantings, and shall not be liable for trespass for so doing. Anything herein to the contrary notwithstanding, the Association or its authorized agents shall enter upon any Owner's Lot for the purposes set forth in this subsection only when Owner has failed to maintain the shrubs, trees, grass and plantings as required by this Declaration.
  1. Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any property within Campus East and no odors shall be permitted to, arise therefrom, so as to render any such property or any portion thereon unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. No nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detrimental to any other property in the vicinity thereof or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on any such property. The Board in its sole discretion shall have the right to determine the existence of any such nuisance.
  2. Repair of Buildings. No building or structure upon any property within Campus East shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished.
  3. Trash Containers and Collection. No garbage or trash shall be placed or kept on any property within Campus East except in covered containers of a type, size and style which are approved by the Architectural Control Committee. In no event shall such containers be maintained in the front or side yard of any Lot so as to be visible from Neighboring Property except to make the same available for collection and then, only the shortest time reasonably necessary to effect such collection. The Board shall have the right, in its sole discretion, to require all Owners to subscribe to a specific location for trash service. All rubbish, trash and garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. No incinerators shall be kept or maintained on any Lot.
  4. Clothes Drying Facilities. Outside clothes lines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained in front of the rear foundation line on any property within Campus East unless they are erected, placed and maintained exclusively within a fenced serviced yard or otherwise concealed and shall not be visible from Neighboring Property. On corner Lots they shall not be located closer to the side street than the line of the foundation facing said side street.
  5. Encroachments. No tree, shrub, or planting of any kind on any property devoted to Single Family residential Use within Campus East shall be allowed to overhang or otherwise to encroach upon any sidewalk, street, pedestrian way, or other area from ground level to a height of twelve (12) feet, without the prior approval of the Architectural Control Committee.
  6. Right of Way. During reasonable daylight hours, Declarant, any member of the Architectural Control Committee, any member of the Board, or any authorized representative of any of them, shall have the right to enter upon and inspect any property within Campus East and the improvements thereon, except for the interior portions of any residence, for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry. However, reasonable written notice of the time of on-site inspection shall be given to Owner.
  7. Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any property within Campus East except such machinery or equipment as is usual and customary in connection with the use, maintenance or construction of a appurtenant structures, or other improvements, and that which Declarant or the Association may require for the operation and maintenance of Campus East or its Common Area.
  8. Restriction on Further Subdivision. No Lot within Campus East shall be further subdivided or separated into smaller lots or parcels by any Owner. This provision shall not, in any way, limit Declarant from subdividing or separating into smaller lots or parcels any property owned by Declarant and not yet platted or subdivided into Lots. It shall also not limit or prohibit Declarant from subdividing any Lots for duplex or cluster-type homes, in accordance with the zoning and subdivision requirements of the City of Virginia Beach. Declarant shall also have the right to re-subdivide Lots to accomplish minor adjustments. No portion of a Lot but for the entire Lot, together with the improvements thereon, be rented, and only to a single family.
  9. Signs. No signs whatsoever (including, but not limited to commercial, political and similar signs) which are visible from Neighboring Property shall be erected or maintained on any Lot or parcel of Property within Campus East except as approved by the Architectural Control Committee. Notwithstanding the foregoing, the following shall be allowed on any such Lot or parcel:

 

  1. Signs required in connection with any legal proceedings or proceedings of the City Council, Planning Commission or other administrative body;
  2. Not more than two residential identification signs, each of which shall be limited to a combined total face area of seventy-two (72) square inches or less;
  3. During construction, one job identification sign not larger than eighteen (18) by twenty-four (24) inches;
  4. Such signs, the number, type and size of which as may be approved from time to time by Declarant;
  5. For Sale or Rent signs not larger than two (2) by three (3) feet.
  1. Declarant's Exemption. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant or its duly authorized agents, of structures, improvements or signs necessary or convenient to the development, identification, or sale of property within Campus East.
  2. Utility Easements. There is hereby created in favor of Declarant a blanket easement upon, across, over and under the above-described premises for ingress, egress, installation, replacing, repairing and maintaining all utility and service lines and systems, including, but not limited to, water, sewer, gas, telephones, electricity, television, cable or communication lines and systems, etc. By virtue of this easement, it shall be expressly permissible for the providing utility or Service Company to install and maintain facilities and equipment on said property and to affix and maintain wires, circuits and conduits on, in and under the roofs and exterior walls of said residence. Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities or service lines may be installed or relocated on said premises except as initially programmed and approved by the major builder of said premises or thereafter approved by the said builder or the Board. This easement shall in no way affect any other recorded easements on said premises. This easement shall be limited to improvements as originally constructed and shall terminate at such time as the Class A members of the Association have votes which exceed in number the votes of the Class D member.
    Each residence shall be subject to an easement for encroachments created by construction, settling and overhands, as designed or constructed by the original builder. A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall and does exist. In the event the residence is partially or totally destroyed and then rebuilt, the Owners agree that minor encroachments of parts of the adjacent residence due to construction shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist. Anything herein to the contrary notwithstanding, any encroachment shall not exceed two (2) feet.
  3. Party Walls. The rights and duties of Owners with respect to Party Walls or Party Fences shall be as follows:
  1. Each wall which is built as a part of the original construction of the homes upon the properties and placed on the dividing line between the Lots shall constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply thereto.
  2. The Owners of contiguous lots who have a Party Wall or Party Fence shall both equally have the right to use such wall or fence, provided that such use by one Owner does not interfere with the use and enjoyment of same by the other Owner.
  3. In the event that any Party Wall or Party Fence is damaged or destroyed through the intentional or negligent act of an Owner or any person for whom he is legally responsible, it shall be the obligation of such Owner to rebuild and repair the Party Wall or Fence without cost to the other adjoining Lot Owner or Owners.
  4. In the event any such Party Wall or Party Fence is destroyed (including deterioration from ordinary wear and tear and lapse of time), other than by the act of an adjoining Owner, his agents, guests or family, it shall be the obligation of all Owners whose Lots adjoin such wall or fence to rebuild and repair such wall or fence at their joint and equal expense, unless otherwise provided for in supplemental Tract Declarations or Master Deeds.
  5. Not withstanding anything to the contrary herein contained, there shall be no impairment of the structural integrity of any Party Wall without the prior consent of all Owners of any interest therein, whether by way of easement or in fee. In the event of a dispute between Owners with respect to the construction, repair or rebuilding of a Party Wall or Party Fence, or with respect to the sharing of the cost thereof, such adjoining Owners submit the dispute to the Board of Directors of the Association, the decision of which shall be binding.

Section 3. Permitted Uses and Restrictions -Common Area. The permitted uses and restrictions for Common Areas shall be as follows:

  1. Maintenance by Association. The Association may, at any time, as to any Common Area, conveyed, leased, or transferred to it, or otherwise placed under its jurisdiction in the discretion of the Board, without any approval of the Owners being required:
  1. Reconstruct, repair, replace, or refinish any improvements or portion thereof upon any such area (to the extent that such work is not done by a governmental entity, if any, responsible for the maintenance and upkeep of such area) in accordance with
    1. the last plans thereof approved by the Board of Directors,
    2. the original plans for the improvements, or
    3. if neither of the foregoing is applicable and if such improvement was previously in existence, then in accordance with the original design, finish or standard of construction of such improvement as same existed;
  2. Construct, reconstruct, repair, replace or refinish any road improvement or surface upon any portion of such area used as a road, street, walk, driveway, parking area, and waterfront facilities;
  3. Replace injured and diseased trees or other vegetation in any such area, and plant trees, shrubs and ground cover to the extent that the Board deems necessary for the conservation of water and soil and for aesthetic purposes;
  4. Place and maintain upon any such area such signs as the Board of Directors may deem appropriate for the proper identification, use and regulation thereof;
  5. Do all such other and further acts which the Board of Directors deems necessary to preserve and protect the property and the beauty thereof, in accordance with the general purposes specified in this Declaration; and
  6. The Board shall be the sole judge as to the appropriate maintenance of all grounds within the Common Area.
  1. Damage or Restriction of Common Area by Owners. In the event any Common Area is damaged or destroyed through the intentional or negligent act of an Owner or any person for whom he is legally responsible, such Owner does hereby authorize the Association to repair said damaged area, and the Association shall so repair said damaged area in a good, workmanlike manner to conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Association, in the discretion of the Association. The amount necessary for such repairs shall be paid by said Owner, upon demand, to the Association and the Association may enforce collection of same in the same manner and subject to the same conditions as provided elsewhere in this Declaration for collection and enforcement of assessments.

ARTICLE V

CAMPUS EAST COMMUNITY ASSOCIATION

Section 1. Organization.

  1. The Association. The Association is a nonprofit Virginia corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, By­laws, and this Declaration. Neither the Articles nor By-laws shall, for any reason, be amended or other-wise changed or interpreted so as to be inconsistent with this Declaration.
  2. Subsidiary Associations. The Association shall have the right to form one or more subsidiary associations, for any purpose or purposes deemed appropriate by the unanimous vote of the Board. Without limiting the generality of the foregoing, one or more subsidiary associations may be formed for the operation and maintenance of any specific area located within Campus East such as for the operation of a swim and tennis club, and for such other specific purposes as deemed appropriate by the Board. However, such subsidiary associations shall be subject to this Declaration and may not take any action to lessen or abate the rights of the homeowners herein.
  3. Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles and the By-laws, as same may be amended from time to time.
  4. Association Manager. There shall be a professionally qualified manager of or advisor to the Association. The manager may be the chief administrative officer of the Association, subject to actions adopted by the Board of Directors. If a full­time manager is designated, he
  1. shall annually prepare a proposed budget for the Association and, upon its approval by the Board of Directors, shall have authority to spend the same appropriated subject to Board-approved procedures;
  2. shall be responsible for any funds of the Association received, for the keeping of the accounting records and the preparation of financial statements in accordance with forms and procedures prescribed by the secretary/treasurer and approved by the Board of Directors;
  3. shall furnish the secretary-treasurer with financial statements as may be requested by the secretary­treasurer; and
  4. shall appoint and discharge employees of the Association and shall fix their respective compensation within the limits required by the budget. He may enter into agreements on behalf of the Association subject to policies established by the Board of Directors and shall perform other duties conferred upon him by the Board of Directors.

Section 2. Powers and Duties of the Association. The Association shall have such rights, duties and powers as set forth in the Articles and By-laws, as same may be amended from time to time.

Section 3. The Campus East Rules and Book of Resolutions. By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this Declaration, adopt, amend, and repeal rules and regulations to be known as the "Campus East Rules." The Campus East Rules may restrict and govern the use of any Common Area by any owner, by the Family of such Owner and shall not be inconsistent this Declaration, the Articles or By-laws. A copy of the Campus East Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and may be recorded. Upon such recordation, said Rules shall have the same force and effect as if they were set forth in and were part of the Declaration. The Campus East Rules shall be kept at the Association office in the Book of Resolutions which identify the time, place, resolution and Board members involved in such action. The Book of Resolutions shall contain all the actions of the Board relating to governing, operating and managing policies of a general enabling and requirement nature. The Association shall upon request by any Member and for a reasonable cost, make available copies of the Book of Resolutions.

Section 4. Personal Liability. No member of the Board of Directors of any Committee of the Association, or any officers of the Association, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, the Board, or the Architectural Control Committee, or any other Committee, or any officer of the Association, provided that such a person has, upon the basis of such information as may be possessed by him, acted in good faith, without willful or intentional misconduct, and further provided that the act or omission complained of involves the official duties of such person in connection with his responsibilities to the Association.

ARTICLE VI

MEMBERSHIP AND VOTING RIGHTS

Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

Section 2. The Association shall have three (3) classes of voting membership:

Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be member. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote to cast with respect to any Lot. When more than one person holds an interest in any Lot, and such persons be unable to agree on how their vote is to be cast, then such vote shall not be counted.

Class B. Class B members shall be all Builders or Investors with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. When more than one parson holds an. interest in any Lot, and such persons be unable to agree on how their vote is to be cast, then such vote shall not be counted.

Class D. The Class D member(s) shall be the Declarant, its successors and assigns, and shall be entitled to three (3) votes for each Multi-Family Lot owned or planned and five (5) votes for each Single Family Lot owned or planned. In no event shall the Class D member be entitled to both three votes for a lot and three votes for living units located on that lot.

The Association may not in any manner impede the implementation of the master plan nor exercise control over proposed changes in the master plan nor in any way interfere with the development activities of Declarant. These same provisions as set forth in this paragraph apply fully to any and all such development activities including construction of residential properties and Multi-Family units as generally set forth in the General Plan of Development. When the Class D membership has ceased to exist, nothing contained in the Declaration shall prevent the reactivation of Class D membership as a result of annexation of additional areas for development.

ARTICLE VII

COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owner within Campus East, hereby covenants, and each Owner of any Lot any 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, and
  2. special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, 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 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 assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in Campus East and for the improvements and maintenance of the Common Area.

Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be as follows for each class as designated:

  1. Class A- $100.00
  2. Class B- No fee shall be levied for a period of two (2) years from date of purchase, after which twenty-five percent (25%) of Class A membership fee shall be assessed. If any Lot is retained by a builder or investor for purposes of rental units, one-hundred percent (100%) of the Class A, membership fees will be assessed.
  3. Class D- No fee shall be levied.
  4. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than the increase, if any, in the Revised Consumer Price Index U.S. City Averages, all items (1967 -100) published by the Bureau of Labor Statistics of the United States Department of Labor above the maximum assessment for the previous year without a vote of the membership.
  5. From and after January I of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the said increase, if any, in the said Consumer Price Index by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. For the purposes of this section only and consistent with the provisions of Section 2 of this Article only, only the Declarant and Owners who are bona fide residents may vote on this matter.
  6. The Board may fix the annual assessment at an amount not in excess of the maximum.

Section 4. Special Assessment 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, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or the 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 present, another meeting may be called subject to the same notice requirement, and the required quorum at the 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 (6 0) days following the preceding meeting.

Section 6. Uniform Rate of Assessment. Both annual and special assessment must be fixed at a uniform rate for all Lots within each Class or membership and may be collected on a monthly, or quarterly, or annual basis. However, the amount of the assessment in anyone year and from year to year may vary between development and improved Lots, between a Single Family Area and other areas and between Class E section.

Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots within the first Section on the first day of the month following conveyance of Common Area to the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board 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, and for a reasonable charge, promptly furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. As between the Association and a third party this certificate shall be deemed to be correct.

Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Each Owner of any Lot shall be deemed to covenant and agree to pay to the Association the assessments provided for herein, and agrees to the enforcement of the assessments in the manner herein specified. In the event the Association employs an attorney or attorneys for collection of any assessment, whether by suit or otherwise, to enforce compliance with or specific performance of the terms and conditions of with or specific performance of the terms and conditions of this Declaration, or for any other purpose in connection with the breach of this Declaration, or for any other purpose in connection with the breach of this Declaration, each Owner and Member agrees to pay reasonable attorney's fees and costs thereby incurred in addition to any other amounts due or any other relief or remedy obtained against said Owner or Member. In the event of a default in payment of any such assessment when due, in which case the assessment shall be deemed delinquent, and in addition to any other remedies herein or by law provided, the Association may enforce each such obligation in any manner provided by law or in equity, or without any limitation of the foregoing, by either or both of the following procedures:

  1. Enforcement by Suit. The Board may cause a suit at law to be commenced and maintained in the name of the Association against an Owner or Member to enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the rate of eight percent (8%) per annum from the date of delinquency, court costs, and reasonable attorneys' fees in such amount as the Court may adjudge against the delinquent Owner or Member.
  2. Enforcement by Lien. There is hereby created a claim of lien, with power of sale, on each and every Lot: within Campus East to secure payment to the Association of any and all assessments levied against any and all owners of such Lots under the Campus East Restrictions, together with interest thereon at the rate of eight percent (8%) per annum from the date of delinquency, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorney's fees. 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 shall not pass to his successor; in title unless expressly assumed by them.
    If such assessment is not paid within ten (10) days after it is due, the Association may elect to file such a claim of lien on behalf of the Association against the Lot of the defaulting Owner. Such a claim of lien shall be executed and acknowledged by any officer of the Association, and shall contain substantially the following information:
  3. The name of the delinquent Owner;
  4. The legal description and street address of the lot against which claim of lien is made;
  5. The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs, and reasonable attorneys' fees (with any proper offset allowed);
  6. That the claim of lien is made by the Association pursuant to Campus East Restrictions; and
  7. That a lien is claimed against said Lot in an amount equal to the amount state.

Upon recordation of a duly executed original or copy of such a claim of lien, and mailing a copy thereof to said Owner, the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Lot against which such Assessment was levied. Such a lien shall have priority over all liens or claims created subsequent to the' recordation of the claim of lien thereof, except only tax liens for real property taxes on any Lot, assessments on any Lot in favor of any municipal or other governmental assessing unit, and the liens which are specifically described in Section 9 hereinafter. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a realty mortgage or trust deed as set forth by the laws of the State of Virginia, as the same may be changed or amended. The lien provided for herein shall be in favor of the Association and shall be for the benefit of all other Lot Owners. The Association shall have the power to bid in at any foreclosure sale and to purchase, acquire, hold, 1ease, mortgage, and convey any Lot. In the event such foreclosure is by action in court, reasonable attorney's fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the extent permitted by law. Each Owner, by becoming an Owner of a Lot in Campus East, hereby expressly waives any objection to the enforcement and foreclosure of this lien in this matter.

Section 9. Subordination of the Line to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment of the lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall, extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessment thereafter becoming due from the line thereof.

ARTICLE VIII

ARCHITECTURAL CONTROL

Section 1. Organization Power of Appointment and Renewal of Membership. There shall be an Architectural Control Committee, organized as follows:

  1. Committee Composition. The Architectural Control. Committee shall consist of three (3) regular members and two alternate members. None of such members shall be required to be an architect or to mast any other particular qualifications for membership. A member need not be, but may be, a member of the Board of Directors or an Officer of the Association.
  2. Alternate Members. In the event of the absence or disability of one or two regular members of said Committee, the remaining regular member or members, even though less than a quorum, may designate either or both of the alternate members to act as substitute for the absent or disabled regular member or members for the duration of such absence or disability.
  3. Initial Members. The followins persons are hereby designated as the initial members of the Architectural Control Committee:
    1. Office No. I -R. G. Moore
    2. Office No. 2 -W. W. Reasor
    3. Office No. 3 -V. R. Gregory
    4. Office No. 4 -Frances Moore (Alternate)
    5. Office No.5 -Lucy Reasor (Alternate)
  4. Terms of Office. Unless the initial members of the Architectural Control Committee have resigned or been removed, their terms of office shall be for the periods of time indicated below, and until the appointment of their respective successors:
    1. The terms of Office No. I shall expire One (1) year from the date of the recording of this Declaration.
    2. The term of Office .No. 2 shall expire One (1) year from the date of the recording of this Declaration.
    3. The term of Office No.3 shall expire One (1) year from the date of the recording of this Declaration.
    4. The terms of Office No.4 and Office No.5 shall both expire Two (2) years from the date of the recording of this Declaration.

Thereafter the terms of each Architectural Control Committee member appointed shall be for the period of three years and until the appointment of his successors. Any new member appointed to replace a member who was resigned or been removed shall serve such member's unexpired term. Members who have resigned, been removed or whose terms have expired may be reappointed.

  1. Appointment and Removal. The right to appoint and remove all regular and alternate members of the Architectural Control Committee at any time, shall be and is hereby vested solely in the Declarant. Exercise of the right of appointment and removal, as set forth herein, shall be evidenced by the Recordation of a Declaration identifying each new regular or alternate member appointed to the Committee and each regular or alternate member replaced or removed therefrom. The Declarant shall transfer his appointive rights to the Board of Directors upon such time he no longer holds any class of membership.
  2. Resignations. Any regular or alternate member of the Architectural Control Committee may at any time resign from the Committee by giving written notice thereof to Declarant or to the Board of Directors, whichever than has the right to appoint Committee members.
  3. Vacancies. Vacancies on the Architectural Control Committee, however caused, shall be filled by the Declarant or the Board of Directors, whichever then has the power to appoint Committee members. A vacancy or vacancies on the Architectural Control Committee shall be deemed to exist in case of the death, resignation or removal of any regular or alternate member.

Section 2. Duties. It shall be the duty of the Architectural Control Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to adopt Architectural Control Committee Rules, to perform other duties imposed upon it by the Campus East Restrictions. Declarant shall not be subject to the Committee's decisions.
Section 3. Meetings and Compensation. The Architectural Control Committee shall meet from time to time as necessary to perform its duties hereunder. Subject to the provisions of Paragraph B of Section 1 above, the vote or written consent of any two regular members, at a meeting or otherwise, shall constitute the act of the Committee unless the unanimous decision of the Committee is required by any other provision of the Campus East Restrictions. The Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise. Members of the Architectural control Committee shall not be entitled to compensation for their services.
Section 4. Architectural Control Committee Rules. The Architectural Control Committee may, from time to time and in its sole and absolute discretion, adopt, amend and repeal, by unanimous vote or written consent, rules and regulations, to be known to "Architectural Control Committee Rules." Said Rules shall interpret and implement the Campus East Restrictions by setting forth the standards and procedures for Architectural Control Committee review and the guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use in Campus East. The rules shall in no way affect original construction and development by Declarant.
Section 5. Waiver. The approval of the Architectural Control Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Control Committee under the Campus East Restrictions, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or matter subsequently submitted for approval.
Section 6. Liability. Neither the Architectural Control Committee nor any member thereof shall, be liable to the: Association, any Owner or to any other party, for any damage, loss or prejudice suffered or claimed on account of

  1. the approval or disapproval of any plans, drawings, or specifications, whether or not defective,
  2. the construction of performance of any work, whether or not pursuant to approved plans, drawings, and specifications,
  3. the development of any estoppels certificate, whether or not the facts therein are correct; provided, however, that with respect to the liability of a member, such member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of any of the foregoing provisions of this Section, the Architectural Control Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposed submitted to the Architectural Control Committee.

Section 7. Time for Approval. In the event Declarant or said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, and date receipt for same provided the applicant, approval will not be required and this Article will be deemed to have been fully complied with.

ARTICLE IX

GENERAL PROVISIONS

Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 2. Severability. Invalidations of anyone of these covenants or restrictions by judgment or court order shall be in ways affect any other provisions which shall remain in full force and effect.

Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive period of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than fifty-one percent (51%) of the Class A membership and one hundred percent (100%) of the Class D membership and thereafter by instrument signed by not less than seventy-five percent (75%) of such membership. Any such amendment, to be effective, must be recorded.

Section 4. Annexation. Additional residential property (both single family and multiple family including apartment and condominiums), Common Area and Commercial Area may be annexed to Campus East with the consent of two-thirds (2/3) of each class of members eligible to vote. This limitation is subject to the right of Declarant set forth in Article III, Section 2, above.

The additions authorized under this section and Article III, Section 2, shall be made by filing of record a supplementary Declaration of Covenants, Conditions and Restrictions with respect to the additional real property which shall extend the scheme of the covenants, conditions and restrictions of this Declaration to the real property described in said Supplementary Declaration. Such Supplementary Declaration may contain .such complementary additions and modifications of the covenants, conditions and restrictions contained in this Declaration as may be necessary or desirable to reflect the different character, if any, of the additional real property and as are not inconsistent with the scheme of this Declaration. In no event, however, shall any such Supplementary Declaration revoke, modify or add to, the covenants, conditions or restrictions established by this Declaration within the Existing Property.

Prior approval of the Federal Housing Administration or the Veterans Administration must be obtained before the Developer may bring additional real property within the terms and conditions of this Declaration pursuant to this Article.

Section 5. FHA/VA Approval. As long as there is a Class D 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 Areas, mergers and consolidations, and amendment of this Declaration of Covenants, Conditions and Restrictions.

Section 6. Violations and Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by Declarant, the Association or any Owner or Owners of Lots within Campus East.

Section 7. Violation of Law. Any violation of any state, municipal, or local law, ordinance or regulation, pertaining to the ownership, occupation or use of any property within Campus East is hereby declared to be a violation of the Campus East Restrictions and subject to any or all of the enforcement procedures set forth in said Restrictions.

Section 8. Remedies Cumulative. Each remedy provided by the Campus East Restrictions is cumulative and not exclusive.

Section 9. Delivery of Notices and Documents. Any written notice or other documents relating to or required by the Campus East Restrictions may be delivered either personally or by mail. If by mail, it shall be deemed to have been delivered forty-eight (48) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed as follows: If to the Association: P.O. Box 62286, Virginia Beach, Virginia 23462; if to an Owner, to the address of any Lot within Campus East owned, in whole or in part, by him or to any other address last furnished by an Owner to the Association; and if to Declarant, at P. O. Box 62286, Virginia Beach, Virginia 23462; provided, however, that any such address may be changed at any time by the party concerned by recording a written notice of change of address and delivering a copy thereof to the Association. Each Owner of a Lot shall file the correct mailing address of such Owner with the Association, and shall promptly notify the Association in writing of any subsequent change of address.

Section 10. The Declaration. By acceptance of a deed or by acquiring any ownership interest in any of the real property included within this Declaration, each person or entity, for himself, or itself, his heirs, personal representatives, successors, transferees and assigns, covenants, agrees and understands that the title is subject too all of the provisions, restrictions, covenants, conditions, rules and regulations now or hereafter imposed by this Declaration and any amendments thereof. In addition, each such person by so doing thereby acknowledges that this Declaration sets forth a general scheme for the improvements and development of the real property covered thereby and hereby evidence his interest that all the restrictions, conditions, covenants, rules and regulations contained herein shall run with the land and be binding on all subsequent and future Owners.

SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS SUPPLEMENTAL DECLARATlON, made on the date hereinafter set forth by CAMPUS EAST ASSOCIATES. INC., a Virginia corporation, hereinafter referred to as “Declarant”, which executed this Supplemental Declaration to consent to the same and to subject those lots to which it has taken title to this Declaration and all of the provisions hereof, FLAIR ASSOCIATES, a Virginia general partnership, R. G. MOORE BUILDING CORP., a Virginia corporation, and CONCORDIA ENTERPRISES, LTD., a Virginia corporation, being the owners of a portion of the property in the Subdivision of Campus East, join in this Declaration to evidence their acceptance and confirmation of the covenants, conditions and restrictions herein set out.

WITNESSETH

THAT, WHEREAS. by Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as the "Declaration") recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2234. at page 60. Declarant subjected certain property more particularly described therein to the easements, restrictions, Covenants and conditions set forth therein for the purpose of enhancing and protecting the value, desirability and attractiveness of the aforesaid property: and

WHEREAS, Article III, Section 1 provides that Declarant may supplement or modify said Declaration "with such additional covenants, conditions and restrictions as may be appropriate for the aforesaid property; and

WHEREAS, Article III, Section 1 provides that Declarant may supplement or modify said Declaration "with such additional covenants, conditions and restrictions as may be appropriate for the aforesaid property; and

NOW, THEREFORE, the Declarant hereby declares, creates and  easements two (2) feet in width along the rear lot lines of all townhome lots and along the side lot lines of those townhome lots the Declarant deems necessary for the purpose of providing access to the rear of the homes on said lots for utility companies and homeowners. Said easements shall be for access to the rear of the homes on said lots and the easements shall be for the exclusive use and benefit of the owners of the lots in such blocks their guests, invitees, licensees, successors and assigns and also for utility companies. The Declarant shall have the right to erect fences within said area. Said easement areas shall not be blocked by walls, fences, bushes or the like and shall be properly maintained by the respective Owners.

The easements created herewith shall be perpetual and shall run with the land. There is no intention hereby to dedicate the easements described herein for public use. The easements shall not be used for bicycle or other vehicular traffic.

SECOND SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS SUPPLEMENTAL DECLARATION, made on the date hereinafter set forth by “CAMPUS EAST” ASSOCIATES, INC., a Virginia corporation, hereinafter referred to as “Declarant”, which executed this Second Supplemental Declaration to consent to the same and to subject those lots to which it has taken title to this Declaration and all of the provisions hereof, FLAIR ASSOCIATES, A Virginia corporation and CONCORDIA ENTERPRISES, LTD., a Virginia corporation, being the owners of a portion of the property in the Subdivision of Campus East, join in this Declaration to evidence their acceptance and confirmation of the covenants, conditions and restrictions herein set out.

WITNESSETH:

            THAT, WHEREAS, by Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as “Declaration”), recorded in the Clerk’s Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2234, at page 760, Declarant subjected certain property more particularly described therein to the easements, restrictions, covenants, and conditions set forth therein for the purpose of enhancing and protecting the value, desirability and attractiveness of the aforesaid property; and

            WHEREAS, Article III, Section 1 provides that Declarant may supplement or modify said Declaration with such additional covenants, conditions and restrictions as may be appropriated for the aforesaid property; and

            WHEREAS, Article VI, Section 2, Class D is hereby amended as follows:
Class D. - The Class D member(s) shall be the Declarant, its successors and assigns, and shall be entitled to thee (3) votes for each Multi-Family Lot owned or planned. In no event shall the Class D member be entitled to both three (3) votes for a lot and three (3) votes for living units located on that lot. The Class D membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:

  1. When the total valued outstanding in the Class A membership equals the total votes outstanding in the Class D membership, or
  2. On December 31, 1984.
    WHEREAS, Article VII, Section 3, (b) and (c) are hereby amended as follows:
      1. Class B – Class B membership shall be assessed at a rate of ten (10%) percent of Class A membership fee will be assessed.
      2. Class D – Class D membership shall be assessed at a rate of five (5%) percent of Class A membership fee. If any Lot is retained by a builder or investor for purposes of rental units, one hundred (100%) percent of the percent of the Class A membership fee will be assessed

IN WITNESS WHEREOF, CAMPUS EAST ASSOCIATES, INC., FLAIR ASSOCIATED, R.G. MOORE BUILDING CORP. and CONCORDIA ENTERPRISES, LTD. have caused these presents to be executed in their names and their behalf by their presidents. Respectively, duly authorized, this 10th day of May, 1983.

CAMPUS EAST ASSOCIATES, INC.
a Virginia corporation