Cedar Grove Park HOA

Covenants

Covenants

Schedule A

DECLARATION OF

COVENANTS, CONDITIONS AND RESTRICTIONS

            THIS
DECLARATION, made on the date hereinafter set forth by Frank L.
Weinstein and Harry E. Jagoda, trading as Maywood Builders, hereinafter
referred to as "Declarant",

            WITNESSETH:

            WHEREAS,
Declarant is the owner of certain property situate in the County of
Fairfax, State of Virginia, containing about 5.1414 acres, which
property is fully described heretofore.

            AND
WHEREAS, Declarant intends to convey the said property, subject to
certain protective covenants, conditions, restrictions, reservations,
liens and charges as hereinafter set forth.

            NOW,
THEREFORE, Declarant hereby declares that such of the property
designated above as shall hereafter be subjected to this Declaration by
Deed of Subdivision shall be held, sold and conveyed subject to the
following easements, restrictions, covenants, and conditions, all of
which are for the purpose of enhancing and protecting the value,
desirability, and attractiveness of the real property.  These
easements, covenants, restrictions, and conditions shall run with the
real property and shall be binding on all parties having or acquiring
any right, title or interest in the described property or any part
thereof, and shall inure to the benefit of each owner thereof.

ARTICLE I

DEFINITIONS

            Section 1.        "Association" shall mean and refer to Cedar Park Grove Association, its successors and assigns.

            Section 2.        "Properties"
shall mean and refer to such real property as shall be subjected to
this Declaration, and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.

            Section 3.        "Common
Area" shall mean all real property and all interests in real property
including common easements and rights-of-way owned by the Association
for the common use and enjoyment of the Members of the Association.

            Section 4.        "Lot"
shall mean and refer to any numbered plot of land intended for use as a
residence shown upon any recorded subdivision map of the Properties
subject to this Declaration.

            Section 5.        "Member" shall mean and refer to every person or entity who holds membership in the Association.

            Section 6.        "Owner"
shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot which is a part of the
Properties, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation nor
trustees under any instrument securing an obligation.

            Section 7.        "Declarant"
shall mean and refer to Frank L. Weinstein and Harry E. Jagoda, trading
as Maywood Builders, their successors and assigns if such successors
and assigns should acquire more than one undeveloped Lot from the
Declarant for the purpose of development.

            Section 8.        "Facilities"
shall mean and refer to recreation facilities and all other facilities
and improvements built or to be built on the Common Area.

ARTICLE II

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 two 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 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.

Class B.  The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned.  The
Class B membership shall cease and be converted to Class A membership
on the happening of either of the following events, whichever occurs
earlier:

(a)        when the total votes outstanding in the Class A membership equal the total votes in the Class B membership or

(b)       on January 1, 1972

ARTICLE III

VOTING RIGHTS

            The Association shall have two classes of voting membership as defined in its Articles of Incorporation.

ARTICLE IV

PROPERTY RIGHTS

            Section 1.  Members' Easements of Enjoyment.  Every
Member shall have a right and easement of enjoyment in and to the
Common Areas and such easement shall be appurtenant to and shall pass
with the title to every Lot, subject to the following provisions:

(a)        The right of the Association to limit the number of guests of Members;

(b)       the
right of the Association to charge reasonable admission and other fees
for the use of any recreational facility situated upon the Common Area;

(c)        the
right of the Association, in accordance with the Articles and By-Laws,
to borrow money for the purpose of improving the Common Area and
facilities;

(d)       the
right of the Association to suspend the voting rights and right to use
of the recreational facilities by a Member for any period during which
any assessment against his lot remains unpaid; and for any infraction
of its published rules and regulations; in accordance with the By-Laws.  PROVIDED HOWEVER,
that no such suspension of voting rights and/or the right to use
recreational facilities shall remain in effect for a period in excess
of sixty (60) days.

(e)        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 in accordance with its Articles of Incorporation, and subject
to such conditions as may be required by any aforesaid public agency,
authority or utility, including but not limited to, plat approval by
the Planning Engineer or his successor.  PROVIDED HOWEVER,
that no such dedication or transfer of all or any part of the common
area shall be permitted without the consent of at least two-thirds
(2/3) of the members in each class of membership.

            Section 2.  Delegation of Use.  Any
Member 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, or contract purchasers who reside on the property.

            Section 3.  Title to the Common Area.  The
Declarant hereby covenants for itself, its heirs and assigns, that it
will convey the property interests and the easements constituting the
Common Areas to the Association, free and clear of all encumbrances and
liens, prior to the conveyance or encumbrance to or for the benefit of
any party of any of the lots subject to this Declaration.

ARTICLE V

COVENANT FOR MAINTENANCE ASSESSMENTS

            Section 1.  Creation of the Lien and Personal Obligation of Assessments.  So
long as Declarant is a Member, the Declarant, for each Lot subjected to
this Declaration, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefor, whether or not it shall be so expressed
in any such deed or other conveyance, is deemed to covenant and agree,
to pay to the Association: 

(1)       Annual assessments or charges, and

(2)       special assessments for capital improvements; and

(3)       special assessments as provided in Article VIII hereof.

Such assessments are to be fixed, established, and collected from time to time as provided in the By‑Laws of the Association.  The
annual and special assessments, together with such interest thereon and
costs of collection thereof, including reasonable attorney 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 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.  Such personal obligation 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 for the
purpose of promoting the recreation, health, safety, and welfare of the
residents in the areas subjected to this Declaration and in particular
for the improvement and maintenance of the Properties, services, and
facilities devoted to these purposes and related to the use and
enjoyment of the Common Area, and of the homes situated upon the
Properties.

            Section 3.  Basis and Maximum of Annual Assessments.  Until
January 1 of the year immediately following the conveyance of the first
lot to an Owner, the maximum annual assessment shall be Sixty and
No/100 Dollars ($60.00) per Lot.

(a)        From
and after January 1 of the year immediately following the conveyance of
the first Lot to an Owner, the maximum annual assessment shall be
automatically increased, effective January 1 of each year, without a
vote of the membership in conformance with the rise, if any, of "The
Consumer Price Index, United States City Average - All Items",
published by the U.S. Department of Labor, Washington, D. C., which
Index uses the period of 1957-1959 as being equal to 100%.  The
Index issued immediately prior to the conveyance of the first Lot to an
Owner shall be the base rating from which any increase shall be
computed under this subparagraph (a).

(b)       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 above that established by the Consumer Price Index formula
for succeeding periods of three (3) years by an affirmative vote of the
members, such vote to be taken at a duly constituted meeting:  provided that any such change shall have the assent of two-thirds (2/3) of the votes of each class of Members.  The
Maximum limitations hereof shall not apply in event of a merger or
consolidation in which the Association is authorized to participate
under its Articles of Incorporation.

(c)        After
consideration of current maintenance cots and future needs of the
Association, the Board of Directors may fix the annual assessment at an
amount not in excess of the maximum.

(d)       [NOTE:  This paragraph is struck through with handwritten notation:  "Amended 26 June 70].  Provided,
however, that the maximum annual assessment for any Lot owned by
Declarant shall be Forty and No/100 Dollars ($40.00) which shall be
paid by the Declarant at such time as each Lot shall be subjected to
this Declaration by Deed of Subdivision as heretofore provided and
shall not be increased or subject to any special assessments without
the written permission of Declarant.  Three
(3) years after the subjecting of any Lot to this Declaration in the
manner heretofore provided, any such Lot then still owned by Declarant
shall be assessed uniformly with the Lots having a Class A membership.

(e)        The
assessments collected by the Association shall in each year be
sufficient to maintain and operate the Properties and Common Area, as
herein set forth, in neat and good order, and to pay all taxes,
assessments and expenses payable with respect to the maintenance and
operation of the Properties to be operated and maintained by the
Association for the aforesaid purposes.

            Section 4.  Special Assessments for Capital Improvements.  In
addition to the annual assessments authorized above, the Association
may levy in any assessment period a special assessment applicable to
that year only, or applicable for a maximum of one (1) year, for the
purpose of defraying, in whole or in part, the cost of construction or
reconstruction unexpected repair or replacement of a described capital
improvement located upon the Common Area, including the necessary
fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members.

            Section 5.  Uniform Rate.  Both
annual and special assessments must be fixed at a uniform rate for all
Lots subject thereto, and may be collected on a monthly basis.

            Section 6.  Date of Commencement of Annual Assessment Due Dates.  The
annual assessment provided for herein shall commence as to all Lots on
the first day of the month following the conveyance of the Common Area
by Declarant.  The first annual assessment shall be adjusted according to the number of months remaining in the calendar year.  The
Board of Directors shall fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of each annual
assessment period.  Written notice of the annual assessment shall be sent to every Owner subject thereto.  The due dates shall be established by the Board of Directors.  Upon
demand of any member at any time, the Association shall furnish a
certificate in writing, signed by an officer of the Association,
setting forth whether the assessment on a specified Lot owned by such  member have been paid.  A reasonable charge may be made by the Board for the issuance of these certificates.  Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

            Section 7.  Effect of Nonpayment of Assessments:  Remedies of the Association.  Any assessments which are not paid when due shall be delinquent.  Any
assessment which is not paid within thirty (30) days after the due date
shall bear interest from the date of delinquency at the rate of six per
cent (6%) per annum, and the Association may bring such action at Law
or in equity again the Owner personally obligated to pay the same, or
against the property subject thereto, or both, and interest, costs, and
reasonable attorney's fees of any such action shall be added to the
amount of such assessment. 

            No
Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or abandonment of his
Lot.

            Section 8.  Subordination of the Lien to Mortgages.  The
lien of the assessments provided for herein shall be subordinate to the
lien of any first mortgage or first deed of trust financing .  Sale or transfer of any Lot shall not affect the lien of any assessment.  However,
the sale or transfer of any Lot, pursuant to the foreclosure under such
first mortgage or deed of trust, shall extinguish the lien of such
assessments as to payment thereof which became due prior to such sale
or transfer. 

            No
such sale or transfer shall relieve such Lot from liability for any
assessment thereafter becoming due or from the lien thereof.

            Section 9.  Exempt Property.  The following property subject to this Declaration shall be exempt from the Assessments created herein:

(a)        All properties dedicated to and accepted by a local authority;

(b)       the Common Areas; and

(c)        all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia.  However, no land or improvements devoted to dwelling use shall be exempt from said assessments. 

ARTICLE VI

PARTY WALLS

            Section 1.  General Rules of Law to Apply.  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 rules of law regarding party walls
and liability for property damage due to negligence or wilful act or
omissions shall apply thereto. 

            Section 2.  Sharing of Repair and Maintenance.  The
cost of reasonable repair and maintenance of a party wall shall be
shared by the Owners who make use of the wall in proportion to such use.

            Section 3.  Destruction by Fire or Other Casualty.  If
a party wall is destroyed or damaged by fire or other casualty, any
Owner who has used the wall may restore it, and if the other Owners
thereafter make use of the wall, they shall contribute to the cost of
restoration thereof in proportion to such use without prejudice,
however, to the right of any such Owners to call for a larger
contribution from the others under any rule of law regarding liability
for negligent or wilful acts or omissions.

            Section 4.  Weatherproofing.  Notwithstanding
any other provisions of this Article, an Owner who by his negligent or
wilful act causes the party wall to be exposed to the elements shall
bear the whole cost of furnishing the necessary protection against the
elements.

            Section 5.  Right to Contribution Runs with Land.  The
right of any Owner to contribution from any other Owner under this
Article shall be appurtenant to the land and shall inure to the benefit
of any shall be binding upon the respective Owners thereof, their heirs
and assigns.

            Section 6.  Arbitration.  In
the event of any dispute arising concerning a party wall, or under the
provisions of this Article, each party shall choose one arbitrator, and
such arbitrators shall choose one additional arbitrator, and the
decision shall be by a majority of all the arbitrators.

ARTICLE VII

ARCHITECTURAL CONTROL

            No
building, fence, wall or other structure shall be commenced, erected or
maintained upon the Properties, nor shall any exterior addition to or
change or alteration therein, including trees, shrubs, grass,
flowerbeds, walks, signs, light fixtures, fences, etc., be made until
the plans and specifications showing the nature, kind, shape, height,
materials, and location of the same shall have been submitted to and
approved in writing as to workmanship, materials, harmony of external
design and location in relation to surrounding structures and
topography and all other reasonable factors which affect the
desirability or suitability of the construction or alteration, by the
Board of Directors of the Association, or by an architectural committee
composed of three (3) or more representatives appointed by the Board.  In
the event said Board, or its designated committee, fails to approve or
disapprove such design and location within sixty (60) days after said
plans and specifications have been submitted to it, approval will not
be required and this Article will be deemed to have been fully complied
with.

ARTICLE VIII

EXTERIOR MAINTENANCE

            Each
Owner shall maintain his Lot and premises and every party thereof in
good repair and condition and shall maintain the same fully protected
from the elements to the satisfaction of the Architectural Control
Committee of the Association or the Board of Directors of the
Association.

            If
the Owner shall fail to maintain or keep his premises and the
improvements therein in as good repair and as good condition, as when
he acquired the premises, subject to reasonable use and wear, then the
Association shall have the right subject to the provisions hereinafter
set forth to provide Exterior Maintenance upon each Lot or Lots as
follows:  Paint, repair, replace and care
for roofs, gutters, downspouts, exterior building surfaces, fences,
trees, shrubs, grass, walks and any other exterior improvements
required.

            The
Association shall only be permitted to perform repairs and maintenance
under this Article, if the Owner has failed to commence said repairs
and maintenance within twenty (20) days after written notice is given
by the Association to the Owner of the said Lot or Lots in question.  Said
notice to the Owner of the said Lot or Lots in question shall state the
deficiencies, the intended repairs or maintenance to be done and the
estimated cost of these repairs and maintenance.

            The
cost of such Maintenance or repairs by the Association shall be added
to and become a part of the assessment or assessments to which such Lot
is subject; but such cost shall not be deemed to be a part of the
annual or special assessments hereinbefore defined but shall be in
addition thereto.

            In
the event that the Owner of any of the Properties is insured against
loss by reason of any event or happening creating a necessity for any
maintenance or repair, as set forth above, the Association shall be
subrogated to any and all rights of such Owner under or derived from
any policy or policies of insurance so insuring; provided, however,
that the Association shall retain from any recovery under such policy
or policies of insurance only such sum or sums as were actually
expended on such maintenance or repair.

            Each
Owner shall permit the Association's officers, directors, agents and
employees to enter upon the Owner's premises, at reasonable times and
upon reasonable notice, to maintain the Common Area and to repair,
replace, and otherwise maintain, if the Owner has refused or neglected
to do, exterior building surfaces roofs, gutters, downspouts, trees,
shrubs, grass, walks, fences, and other exterior improvements.

ARTICLE IX

USE RESTRICTIONS

            Section 1.  Rules and Regulations.  The
Board of Directors of the Association shall have the power to
formulate, publish, and enforce reasonable rules and regulations
concerning the use and enjoyment of the Properties, subject to this
Declaration, including the Common Area and the Lots.

            Section 2.  Lot Use.  No
portion of the Properties (except for model townhouses used by
Declarant) shall be used except for residential purposes and for
purposes incidental or accessory thereto.

            Section 3.  Quiet Enjoyment.  No
noxious or offensive activities shall be carried on upon the
Properties, nor shall anything be done which may be or become a
nuisance or annoyance to the neighborhood.

            Section 4.  Miscellaneous Restrictions. 

(a)        No
exterior clothesline or hanging device, except that of an umbrella-type
nature with a diameter not exceeding eight (8) feet, shall be allowed
to be used upon any Lot.

(b)       No
animals, livestock or poultry of any kind shall be raised, bred or kept
on any Lot, except that dogs, cats and other household pets may be kept
provided that they are not raised, bred or kept for any commercial
purposes.

(c)        No
signs of any kind larger than one (1) square foot shall be displayed to
the public view on any Lot, except for temporary signs of not more than
nine (9) square feet advertising the said Lot for sale or rent and
except for temporary signs erected by the Declarant in connection with
the construction, lease or sale of the Lots and/or the Properties.

(d)       No
fence or wall or any kind shall be erected, begun, or permitted to
remain upon any portion of the Properties unless shown on the attached
plat or unless approved by the Architectural Control Committee.  No
Fence, Wall, tree, hedge, shrub or planting, shall be maintained in
such manner as to obstruct sight lines for vehicular traffic.  Notwithstanding any of the foregoing this section shall not be applicable to the Declarant.

ARTICLE X

EASEMENTS

            All
of the Properties, including Lots and Common Areas, shall be subject to
such easements for driveways, walkways, parking areas, water lines,
sanitary sewers, storm drainage facilities, gas lines, telephone and
electric power lines and other public utilities, as shall be
established by the Declarant or his predecessors in title, prior to the
subjecting of the Properties to this Declaration; and

            The
Association shall have the power and authority to grant and establish
upon, over, under and across the Common Areas conveyed to it such
further easements as are requisite for the convenient use and enjoyment
of the Properties.

ARTICLE XI

PARKING SPACES AND TRAFFIC

            Section 1.  Parking.  Subject
to existing Laws and Ordinances and subject to reasonable Rules and
Regulations promulgated by itself, the Association shall designate at
least one (1) parking space conveniently located with respect to each
Lot for the exclusive use of the Member who owns such Lot or his family
or guests.  The use of such space by any other Member or person maybe enjoined by the Association or the Member entitled thereto.  The
right to the exclusive use of such Parking Space and to its maintenance
and designation by the Association shall be appurtenant to and shall
pass with the title to the Lots.

            Section 2.  Traffic Regulation.  The
Association shall have the power to regulate parking and traffic within
the Properties in any manner not inconsistent with the rights of the
individual Owners in order to provide adequate access for police,
firefighting and other public vehicles; to preserve the orderly flow of
traffic; to maintain roadways and parking areas within the Properties
and to erect and maintain street and traffic signs and to do anything
which is consistent with and incidental to the objective of this
Article.

ARTICLE XII

GENERAL PROVISIONS

            Section 1.  Application.  The
covenants and restrictions of this Declaration shall run with and bind
the land, and shall inure to the benefit of and be enforceable by the
Association or the Owner of any Lot subject to this Declaration, their
respective legal representatives, heirs, successors and assigns.

            Section 2.  Enforcement.  The
Association or any Owner shall have the right to enforce, by any
proceeding in 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 3.  Severability.  Invalidation
of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in
full force and effect.

            Section 4.  Amendment.  At
any time within twenty (20) years from the date hereof, the covenants
and restrictions of this Declaration may be amended with an instrument
signed by not less than ninety per cent (90%) of each class of Members.  They may be amended thereafter by an instrument signed by not less than seventy-five per cent (75%) of the Members.  Any
such amendment shall not be binding upon any person not a party thereto
until the same has been recorded in the Office of the Clerk of the
Circuit Court where deeds affecting title to the Properties are
required to be recorded.

            Section 5.  Condemnation..  In
the event any part of the Common Area is appropriated or otherwise
taken under the power of eminent domain, the proceeds of the
condemnation action shall be used as the Board of Directors deems
proper under the circumstances, and in accordance with the purposes for
which the Association is incorporated, including the acquisition of
additional lands or easements (if available) to be used in the place
and stead of the lands so condemned. 

            Nothing
herein contained shall prevent any Owner, whose Lot is directly damaged
by such condemnation, from contesting the same and seeking an award for
the impairment of the rights and easements immediately appurtenant to
such Lot.

            Section 6.  Quorum.  In order to take action under Article V, Sections 3(b) and 4, there must be a duly held meeting.  Written
notice setting forth the purpose of the meeting shall be sent to all
Members not less than ten (10) days nor more than fifty (50) days in
advance of such meeting.  At such meeting,
the presence of Members or of proxies entitled to case sixty per cent
(60%) of all of the votes, in person or by proxy, of the then Class A
membership shall constitute a quorum.  If
the required quorum is not forthcoming at any meeting, another meeting
may be called, subject to the notice requirement set forth above, and
the required quorum at any such subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting.  No such subsequent meeting shall be held more than fifty (50) days following the preceding meeting.  The Members not present in person or by proxy may give their written assent to the actions at any such meeting.

            Section 7.  Notice.  Any
notice required to be sent to any Owner or Member under the provisions
of this Declaration shall be deemed to have been properly sent when
mailed, first class postage prepaid to the last known address of the
person who appears of record as Owner at the time of such mailing.

            Section 8.  Maintenance and Trash Collection. 

(a)        It
is understood and agreed that no governmental authority has an
obligation to maintain or repair any parking areas, streets, or
sidewalks within the Properties, whether situate within individual Lots
or the Common Area.

(b)       It
is understood and agreed that any governmental authority which has an
appropriate interest may impose reasonable regulations and conditions
precedent to the collection and removal of trash or the performance of
any other municipal function which it may undertake within the
Properties.

            Section 9.  Conflict Between Articles of Incorporation, Declaration and By-Laws.  If
there be any conflict between any of the Articles of Incorporation of
the Association and/or the provisions of the By-Laws of the Association
and/or the provisions of this Declaration, then and in any such
conflict this Declaration shall control, rule and take precedent over
the Articles of Incorporation and/or By-Laws, and further, in any such
conflict the Articles of Incorporation shall control, rule and take
precedent over the By‑Laws.

            Section 10.  Real Estate Taxes.  Each
and every Owner shall be responsible and chargeable for any real estate
taxes or any other governmental assessment or charges made against the
Lot or Lots owned by him.

ARTICLE XIII

FHA/VA APPROVAL

            As
long as there is a Class B membership, the following actions will
require the prior approval of the Federal Housing Administration or the
Veterans Administration:  Annexation of
additional properties, dedication of Common Area, and amendment of this
Declaration of Covenants, Conditions and Restrictions.