MVOP Legal Documents
ARTICLES OF INCORPORATION
OF
MOUNT VERNON ON THE POTOMAC
CITIZENS ASSOCIATION, INC.
The undersigned hereby associate to establish a non-stock corporation under and by virtue of the provisions of Chapter II of Title 13.1 of the Code of Virginia, as amended, for the purposes and under the corporate name hereinafter mentioned, and to that end, by these Articles, set forth as follows:
ARTICLE I
The name of the corporation shall be Mount Vernon on the Potomac Citizens Association, Inc.
ARTICLE II
The purposes for which the corporation is organized are to promote the community interests, the general welfare, safety, and the property interests of the members of the Association.
Without limiting the generality of the foregoing, the Corporation shall have power to take and hold any property, to establish thereon and to administer and enforce covenants, conditions, restrictions, reservations, servitudes, profits, licenses, easements, liens or charges for the support and benefit of the Corporation and the welfare or betterment of the members of the Association; to construct, install, extend, operate, maintain, repair, and replace facilities on such property for the welfare or betterment of the members of the Association; to manage, regulate, and control the common or community use and enjoyment of such property services, or facilities for the welfare or betterment of the members of the Association; and to sell, convey, dispose of or lease any such property; and purchase, own lease and operate and operate for the benefit and use of the members of the Association, recreational and eating facilities and to apply for and hold, sell, lease, or convey franchises or apply for the transfer of licenses issued by governmental agencies pertaining to such recreational and eating facilities including the dispensing or sale of alcoholic beverages. The Corporation shall have all powers conferred upon it by law unless inconsistent with the provisions of this Article. The Corporations shall not be organized nor operated for profit, nor shall it participate or intervene, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office.
ARTICLE III
Section 1. Membership. Every person or entity who is the owner of fee title in a lot located in the Mount Vernon on the Potomac subdivision, and who is subject to assessment, either present or future, by the Corporation, pursuant to the provisions of any recorded instrument relating to such assessment, shall be a member of the Corporation. For the purpose of determining membership, such ownership will be deemed to have vested upon delivery of a duly executed deed to the grantee.
Section 2. Voting Rights. Members shall be all the owners as defined in Section 1 of this Article, including the developer. Members shall be entitled to one vote for each lot in which they hold the interest required for membership by Section 1 as shown by the records of the Corporation as of the last day of the month preceding the next annual meeting. When more than one person holds such interest in any lot, all such persons shall be members and the vote for such lot shall be exercised as they may among themselves determine, but in no event shall more than one vote be cast with respect to any such lot. Provided, however, that regardless of the number of lots any member may own, such member, including the developer, shall not after the date payments on assessments are to commence, be eligible to cast a number of votes in excess of the aggregate, less one, of the number of votes available to the other members of the Corporation.
Section 3. Suspension of Membership Rights. The membership rights (including voting rights) of any member may be suspended by action of the Board of Directors if such member shall have failed to pay when due any assessment or charge lawfully imposed upon him or any property owned by him, or if the member, his family, his tenants, or guests of any thereof, shall have violated any rule or regulation of the Board regarding the use of any property or conduct with respect thereto.
ARTICLE IV
The address of the initial registered office shall be 6911 Richmond Highway, Alexandria, Virginia 22306, which is located in Fairfax County, Virginia, and the name of its initial registered agent shall be Gant Redman, who is a resident of the City of Alexandria and State of Virginia and is a member of the Virginia State Bar and a director of the Corporation, whose business address is the same as the registered office of the Corporation.
ARTICLE V
Each person now or hereafter a director or officer, including duly appointed and authorized committee chairmen and members of the corporation (and their heirs, executors, and administrators) shall be indemnified by the Corporation against, and the Corporation shall actively defend, upon notice in writing from such person, any action, suit, proceeding or claim to which he is or may be made a party by reason of his being or having been a director or officer of the Corporation (whether or not a director or officer at the time such costs or expenses are incurred by or imposed upon him), except in relation to matters as to which he shall have been finally adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct in the performance of his duties as such director or officer. Such indemnification shall include all liabilities, imposed upon or reasonably incurred by him in connection with or resulting from any such claims, actions or other proceedings including the amount of any settlement or judgment, attorneys fees, costs or other reasonably necessary expenses.
In the event of a settlement, the indemnification shall be made only if the Corporation shall be advised by the Board of Directors that in its opinion such director, officer, or member was not guilty of gross negligence or willful misconduct in the performance of his duty, and that such settlement is in the best interest of the Corporation. The Board of Directors may rely as to all questions of law on the advice of independent counsel.
Such right of indemnification shall not be deemed exclusive of any rights to which he may be entitled under any bylaw, agreement, vote of members, or otherwise.
ARTICLE VI
This Corporation shall not engage in any form of trade or commerce for profit and upon dissolution of the Corporation all distributions of assets shall be for mutual benefit of the members and shall not inure to the individual benefit of one or more members of the Corporation.
ARTICLE VII
The initial Board of Directors shall be three and the names and addresses of the persons who are to serve as the initial directors are:
Charles S. Shaw, 1111 Arcturus Lane
Alexandria, Virginia 22308
Stuart C. Fisher, 216 S. Royal Street
Alexandria, Virginia 22313
Gant Redman, 3800 Seminary Road
Alexandria, Virginia 22304
ARTICLE VIII
The duration of the Corporation is to be perpetual.
BYLAWS
MOUNT VERNON ON THE POTOMAC
CITIZENS ASSOCIATION, INC.
ARTICLE I
Definitions
“Association” means the Mount Vernon on the Potomac Citizens Association, Inc., a non-profit organized and existing under the laws of the Commonwealth of Virginia.
“Covenants” means such covenants as may from time to time be established for the benefit of the Association, its members, and the property and the residents of Mount Vernon on the Potomac subdivision in Mount Vernon District, Fairfax County, Virginia.
“Mount Vernon on the Potomac Property” means any property subject to the covenants, liens or charges imposed thereby.
ARTICLE II
Location
The principal address of the Association shall be P.O. Box 15425, Alexandria, Virginia 22309.
ARTICLE III
Membership
1. Eligibility. The members of the Association are determined by its Articles of Incorporation. The rights of Members are subject to (a) the payment of the annual charges imposed by the Board of Directors of the Association pursuant to the covenants, and (b) compliance with the covenants and the rules and regulations of the Board of Directors regarding the use of Mount Vernon on the Potomac Property and the conduct of members, their families, their tenants, and the guests of any thereof. As provided in the Articles, the voting and other membership rights of any member may be suspended by action of the Directors during any period when such member shall have failed to pay any Annual Charges then due and payable; but, upon payment of such Charges, his rights and privileges shall be automatically restored. If the Directors have adopted and published rules and regulations governing the use of Mount Vernon on the Potomac Property, or any facilities thereon, or the personal conduct of any persons thereon, the voting or other membership rights of any member may be suspended by action of the Board of Directors for a period not to exceed 30 days, if he, any member of his family, his tenants, or the guests of any thereof shall have violated such rules and regulations.
2. Rights and prerequisites of membership. Each member is entitled to the use and enjoyment of the Mount Vernon on the Potomac Property and facilities thereon, in accordance with covenants, these bylaws and the rules and regulations promulgated by the Board of Directors of the Association from time to time. Such rights may be delegated to and exercised by all members of his family who reside in Mount Vernon on the Potomac, any of his tenants who reside there under a lease for a term of one year or more, and the guests of any thereof. Each member shall notify the Secretary of the Association in writing of the name and relationship to the member of any person who shall be entitled to exercise such rights under this Section. The rights and privileges of such persons are subject to suspension by the Board in the same manner and for the same reasons as those of any member under the preceding Section.
ARTICLE IV
Meetings of Members
1. Annual Meetings. The Annual Meeting of the Members shall be held at the office of the Association specified in Article II above or at any other address specified in the Notice of the Meeting, on the last Thursday in September in each year, of the hour of 8:00 pm, commencing on the last Thursday in September of the year 1976.
2. Special Meetings. Special meetings of the members for any purpose may be called at any time by the President, or by any three or more Directors. The secretary shall call a special meeting upon written request of the members who have a right to vote one forth (1/4) of all of the votes of the entire membership.
3. Notices. Notice of meetings shall be given to the members by the Secretary. Notice may be given to the member either personally, by delivery to his home in Mount Vernon on the Potomac, or by mailing a copy of the notice, postage prepaid to the address appearing on the books of the association. (Each member shall register his address and any change in address with the Secretary). Notice of any meeting, regular or special, shall be mailed not less than ten (10) days in advance of the meeting and shall set forth the purposes of the meeting.
4. Proxy Voting. At any membership meeting the presence, whether in person or by proxy, of members entitled to vote not less than 50% of the total membership vote, shall constitute a quorum for the transaction of business. All proxies shall be in writing and be filed with the Secretary at the commencement of the meeting. Any proxy given by a person more than 11 months before the date of the meeting shall be void.
ARTICLE V
Board of Directors
1. Membership and Powers. The Association shall be governed by a Board of Directors in accordance with the Articles of Incorporation of the Association. Without limiting the generality of the preceding sentence, or any power vested in it by law, the Board of Directors shall have the power to (a) appoint and remove at its pleasure all officers, agents and employees of the Association, prescribe their duties, fix their compensation and require of them security or fidelity bonds as it may deem expedient (nothing contained in these bylaws shall be construed to prohibit the employment of any member, officer or director of the Association in any capacity whatsoever); (b) establish, levy, assess and collect the Annual Charges and all other charges referred to in the covenants; (c) adopt and publish rules and regulations governing the use of Mount Vernon on the Potomac Property, and the personal conduct of members, their family, their tenants, and their guests with respect thereto; (d) to exercise for the Association all powers duties and authority vested in or delegated to this Association, except those powers, duties, and authority vested in or delegated to this Association, except those expressly reserved to the members; and (e) in the event any member of the Board of Directors of this Association shall be absent from three consecutive regular meetings of the Board of Directors, the Board may by action taken at the meeting in which such third absence occurs declare the office of said absent Director to be vacant.
2. Duties. It shall be the duty of the Board of Directors (a) to cause to be kept a full, true and accurate record of its acts and corporate affairs and to present a statement thereof to the members at the Annual Meeting of the members or at any special meeting when requested in writing by one fourth (1/4) of the full membership; (b) to supervise all officers, agents and employees of this Association, and to see that their duties are properly preformed; (c) in accordance with the covenants, (i) to fix the amount of the Annual Charge against each lot as soon as may be practicable after the beginning of each calendar year and in any event before April 1; (ii) to prepare a roster of the properties and Annual Charges applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member, and (iii) to send written notice of each assessment to every Owner subject thereto; (d) to issue or to cause an appropriate officer to issue, upon demand by any person a certificate stating whether any Annual Charge has been paid which shall be conclusive evidence that any charge stated therein has or has not been paid.
3. Vacancies. Vacancies in the Board of Directors shall be filled by the affirmative vote of a majority of the remaining Directors though less than a quorum of the Board of Directors and any such appointed Director shall hold office for the unexpired term of his predecessor in office.
ARTICLE VI
Directors’ Meetings
1. Annual meetings. The Annual Meeting of the Board of Directors shall be held immediately following adjournment of the Annual Meeting of the members in each year.
2. Monthly Meetings. A regular meeting of the Board of Directors shall be held at the office of the Association specified in Article II above on the third Thursday of each month other than September at 8:00 pm; provided that the Board of Directors may, by resolution, change the day and hour or the place of holding such regular meeting. If the day of the regular meeting shall fall upon a holiday, the meeting shall be held at the same hour on the first day following which is not holiday, or at such other time as the Board of Directors may, by resolution, determine.
3. Notices; Waiver. No notice need be given for the Annual or any regular monthly meeting of the Board. Notice of any special meeting shall be sufficient if mailed to each Director, postage prepaid, at his address as it appears on the records of the Association, at least three days before the meeting. No notice need be given to any Director who attends the meeting, or to any Director who in writing (before or after the meeting) waives such notice.
4. Special Meetings. Special meetings of the Board of Directors shall be called by the Secretary upon request by the President or a total of five Directors. The action of a majority of the Board, although not a regularly called meeting, shall be valid and effective in all respects if the record of the meeting shall be assented to in writing by all members of the Board.
5. Quorum. At all meetings of the Board a majority of the Board of Directors shall constitute a quorum, and, except as otherwise provided by law or by the bylaws, the act of a majority of the Directors present shall be the act of the Board.
ARTICLE VII
Election of Directors
1. Ballots. The election of Directors shall be by written ballot as hereinafter provided. At each Annual Meeting or at any special meeting called for the purpose of electing Directors, the members or their proxies may cast, in respect of each vacancy, as many votes as they are entitled to cast under the Articles of Incorporation of the Association. The nominees receiving the largest number of votes shall be elected.
2. Nominations, Nominating Committee. Nominations for election to the Board of Directors shall be made by the Nomination Committee, which shall consist of a Director, who will be the Chairman, and one or more members of the Association. The Nominating Committee shall be appointed by the President prior to each Annual Meeting of the members to serve during such Annual Meeting and until the next Annual Meeting or until its successor shall have been duly designated and qualified. The members of the nominating committee shall be announced at each Annual Meeting of the Members.
3. Nominees. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies to be filled. Such nominations must be made from among members. Nominations shall be placed on a written ballot as provided in Section 4 and shall be made in advance of the time fixed in Section 4 for the mailing of such ballots to the members.
4. Procedure. All elections of the Board of Directors shall be made on written ballots which shall (a) describe the vacancies to be filled; (b) set forth the names of those nominated by the Nominating Committee for such vacancies; and (c) contain a space for a write-in vote by the members for each vacancy. Such ballot shall be prepared in advance of the Annual Meeting and shall be distributed to members and qualified proxies entitled to vote at the Annual Meeting or any special meeting called for the purpose of electing Directors.
5. Voting. At such time as the election shall take place, each member shall be entitled to one vote as provided in the Articles of Incorporation from each office to be filled. The vote may be cast by the member, any adult member of his immediate family, or duly authorized proxy.
6. Processing. The President shall appoint tellers whose responsibility it shall be to distribute the ballots to members and duly authorized proxies, collect the ballots, tabulate the votes, and report the results to the President or other officer presiding at the meeting.
ARTICLE VIII
Officers
1. Offices. The officers of the Association shall be a President, Vice President, Secretary, Treasurer, Harbor Master, Building & Grounds Chairperson, Recreation Chairperson, and Architectural Control Chairperson. The officers shall be voting members of the Board of Directors ex officio.
2. Election by Board of Directors. All officers shall be elected at the Annual Meeting of the Members, and each officer shall have been duly elected and qualified or until his earlier death, resignation, or removal in accordance with the bylaws.
3. President; Duties. The president shall be the chief executive officer of the Association and as such shall have general supervision of the affairs and property of the Association and over its several officers, subject to the direction of the Board of Directors. The President shall, if present, preside over all meetings of the Board of Directors, and shall generally do and perform all acts incident to the office of the President. He may sign in the name and on behalf of the Association all notes, leases, mortgages, deeds and all other written instruments authorized by the Board, except where the Board shall delegate the execution thereof to some other officer or agent of the Association.
4. Vice President; Duties. The Vice President shall perform all of the duties of the President in the event of his absence or disability, and when so acting shall have all the powers and be subject to all restrictions placed upon the President. In addition, the Vice President shall develop and maintain a dialogue with the local police and fire departments and bring to the Board of Directors any issues involving safety or security.
5. Secretary; Duties. The Secretary shall act as Secretary of the Board of Directors and shall record the votes and keep the minutes of all proceedings in a book to be kept for the purpose. He shall sign all certificates of membership. He shall keep the records of the Association. He shall record the names and addresses of all Members of the Association, shall see that all notices are duly given as required by the bylaws or applicable law, and shall be the custodian of the corporate seal.
6. Treasurer; Duties. The treasurer shall receive and deposit in bank accounts approved by the Board all moneys of the Association and shall disburse such funds as directed by a resolution of the Board of Directors; provided, however, that a resolution of the Board of Directors shall not be necessary for the disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board. The Treasurer shall keep proper books of the Association and cause an annual audit by the incoming Board members to review the previous fiscal year. He shall prepare an annual budget and an annual balance sheet statement and the budget and balance sheet statement shall be presented to the membership at its annual meeting.
7. Harbor Master; Duties. The Harbor Master shall be responsible for the operation and maintenance of the marina, the processing of slip application and the assignment of slips. The Harbor Master may appoint a committee to assist in the discharge of these duties.
8. Building and Grounds Chairperson; Duties. The Building and Grounds Chairperson shall secure bids and proposals for the maintenance and general upkeep of the Association owned improvements which include the cul-de-sacs, pond area, entrance area landscaping, the marina grounds/picnic area. The Chairperson shall also monitor contracts approved by the Board.
9. Recreation Chairperson; Duties. The Recreation Chairperson shall select a working committee to plan and implement social activities for the benefit of the entire community, welcome all newcomers to the community, plan a social calendar involving all age groups of the community for the year.
10. Architectural Control Chairperson; Duties. The Architectural Control Chairperson shall promptly review and bring to the attention of the Board of Directors all plans submitted by the membership. The plans will be evaluated based on their compliance with the Protective and Restrictive Covenants of Mt Vernon on the Potomac and a written response must be rendered to the applicant within thirty days.
ARTICLE IX
Committees
1. The Board of Directors may establish other ad hoc committees from time to time as it shall deem necessary; such committee to have such responsibilities and authorization as may be delegated by the Board of Directors.
ARTICLE X
Insurance
Insurance. The Board of Directors shall insure the Association and its property against such risks and at least in such amounts as current practice dictates in such matters.
ARTICLE XI
Books and Papers
The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member.
ARTICLE XII
Corporate Seal
The Association shall have a seal in circular form having within its circumference the words: Mt. Vernon On The Potomac Citizen’s Association, Inc., a Virginia corporation incorporated 1976, or abbreviations indicating such information.
ARTICLE XIII
Amendments
1. Amendment procedure. These by-laws may be amended, at a regular meeting of the members, by a vote of the majority of a quorum of the members present in person or by proxy, provided that those provisions of these by-laws which are covered by the Articles of Incorporation of this Association may not be amended except as provided in Articles of Incorporation or applicable law; and provided further that any matter stated herein to be or which is in fact covered by the covenants may not be amended except as provided therein.
2. Resolution of conflicts. In the case of any conflict between the Articles of Incorporation and these by-laws, the Articles shall control; and in the case of any conflict between the covenants and these by-laws, the covenants shall control.
AMENDMENT TO THE BY-LAWS OF
MT. VERNON ON THE POTOMAC CITIZENS ASSOCIATION, INC.
This amendment to the Bylaws of Mount Vernon on the Potomac Citizens Association, Inc. (“Association”), is made on the 30th day of July, 1996.
WITNESSETH:
WHEREAS, Article VII, paragraph 1 of the Bylaws sets forth the Officers of the Board of Directors; and
WHEREAS, Article VIII, paragraph 8 of the Bylaws provides for the creation of a Building and Grounds Committee; and
WHEREAS, the owners and the Board of Directors deem it in the best interests of the Association to amend the Bylaws as expressed below.
NOW, THEREFORE, pursuant to and in compliance with the amendment process set forth in Article XIII of the Bylaws, paragraphs 1 and 8 of Article VIII of the Bylaws are hereby amended to read as follows:
8.1. Officers.
The officers of the Association shall be the President, Vice President, Secretary, Treasurer, Harbor Master, Buildings and Roadways Chairperson, Grounds Chairperson, Recreation Chairperson, and Architectural Control Chairperson. The officers shall be voting members of the Board of Directors.
8.a. Building and Roadways Committee; Duties
The Board of Directors shall form a standing Building and Roadways Committee which shall (a) secure bids and proposals for the maintenance and general upkeep of the buildings and roadways maintained by the Association; (b) monitor relevant contracts approved by the Board; and (c) undertake any other relevant business assigned to it by the Board of Directors.
b. Grounds Committee; Duties
The Board of Directors shall form a standing Grounds Committee which shall (a) secure bids and proposals for the maintenance and general upkeep of the Association’s owned grounds and common areas, including, but not limited to, the pond area, entrance area landscaping, and the marina grounds/picnic area; (b) monitor relevant contracts approved by the Board; and (c) undertake any other relevant business assigned to it by the Board of Directors.
PROTECTIVE AND RESTRICTIVE COVENANTS
MOUNT VERNON ON THE POTOMAC SUBDIVISION
Fairfax County, Virginia
KNOW ALL MEN BY THESE PRESENTS:
Potomac Farm Corporation, a Virginia Corporation, being the owner of all of the above-described premises, situated within the County of Fairfax, Commonwealth of Virginia, has established a general plan for the improvement and development of such premises, and does hereby establish the covenants, conditions, reservations, and restrictions upon which and subject to which all lots and portions of such lots shall be improved or sold and conveyed by it as owner thereof. Each of these covenants, conditions, reservations, and restrictions is for the benefit of each owner of land in such subdivision, and shall inure to and pass with each and every parcel of such subdivision, and shall bind the respective successors in interest of the present owner thereof.
1. USE: All lots in the tract shall be known and described as residential lots and no structures shall be erected, altered, placed, or permitted to remain on any residential building plot other than one detached, single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
2. FENCES AND STRUCTURES IN YARDS: No clothesline, clothes drying rack, storage shed, playhouse, outbuilding or structure or paraphernalia of any kind, use, or description shall be erected on any lot without the prior written approval of the Architectural Control Committee. The proposed plans for any such structure shall be submitted to the Committee and shall be considered in accordance with the provisions of Covenant numbered 9 below.
No fence or similar enclosure may be built on any lot, without the prior written approval of the Architectural Control Committee first had and obtained in accordance with Covenant numbered 9 below. No fence shall extend beyond the front line of the dwelling erected on said lot. This restriction shall not be construed to preclude the growth of an ornamental hedge fence which shall be kept neatly trimmed to a height of not more than three feet around the front yard of any said lots. Any fence built on any of the above described lots shall be maintained in the proper manner so as not to detract from the value and desirability of surrounding property. In regard to corner lots, side fences may not extend closer to the public street than the building set back line required by the County of Fairfax, Virginia. As to those lots on which a swimming pool is constructed nothing herein contained shall alter the minimum height of the fence required by the appropriate authorities of Fairfax County, Virginia to be erected around the swimming pool. (Note 1)
3. MAINTENANCE: All lots and yards in the above described subdivision shall be maintained in a neat and attractive manner so as not to detract from the appearance of the above described development.
4. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other out-building shall be used on any lot at any time as a residence either temporarily or permanently.
5. SIGNS: No sign of any kind shall be displayed to the public view on any lot except for one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a building to advertise the property during the construction and sales period.
6. LIVESTOCK: No animals, livestock or poultry of any kind shall be raised bred or kept on any lot, except that two dogs, two cats, or other household pets may be kept provided they are not kept, bred or maintained for commercial purposes.
7. REFUSE: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Trash or garbage receptacles shall not be visible from the front of the house.
8. ANTENNAS: No antenna for the reception or transmission of any television, radio, short wave, or any other kind of signal of whatever description shall be erected or placed on the exterior of any dwelling or in any other fashion so as to be visible from the exterior of the dwelling. (Note 2)
9. ARCHITECTURAL CONTROL COMMITTEE: No building shall be erected, placed or allowed on any lot until the construction plans and specifications and a plat showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of the external design with existing structures and as to location with respect to topography and finish grade evaluation. The Architectural Control Committee is composed of the chairman and committee members. Said Committee may designate a representative to act for them. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor their designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At such time as all lots shall have conveyed by the developer, the then members of the Architectural Control Committee shall render their resignations to the President of the Mount Vernon on the Potomac Citizen’s Associations, Inc,. who shall appoint their successors pursuant to the bylaws of said Association. In the event the President shall fail to appoint such successor, or in the event they fail to perform the functions of the Committee, the then members shall continue to serve until their successor shall be appointed and undertake the functions of the Committee. The Committee’s approval or disapproval, as required in these covenants, shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with.
10. BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines required by the present effective zoning requirements of Fairfax County, Virginia. In any event, no building shall be located on any lot nearer than 30 feet to the front lot line, or nearer than 30 feet to any side street line. No building shall be located nearer than 10 feet to an interior lot line, except that no side yard shall be required for a garage or other permitted setback line. No dwelling shall be located on any interior lot nearer than 25 feet to the real lot line. For the purposes of these covenants, eaves, steps, and open porches shall not be considered as a part of a building, provided however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
11. BUILDING SIZE: No building, other than one detached dwelling with the usual outbuildings for use in connection therewith, and having a square footage of not less than two thousand five hundred (2,500) square feet of living area (if more than one story) or two thousand (2,000) square feet (if only one story) exclusive of porches, garages, carports, or outbuildings, shall be erected upon any one lot.
12. VEHICLES: No boats, trucks, recreational vehicles, motor homes, or trailers shall be stored or parked on any of said lots nor shall any such vehicles be parked on any of the streets in said subdivision by the owners, lessees or other occupants of said lots.
13. TERM: These covenants are to run with the land and shall be binding upon all parties claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time the said covenants shall be automatically extended for successive periods of one (1) year unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part.
14. HOMEOWNERS’ ASSOCIATION: For the purpose of maintaining the private roads (which the owner agrees shall not be the subject of any petition for inclusion in the state highway system), traffic control, general planting within roadway areas, and all common community services of every kind and nature required or desired within the subdivision for the general use and benefit of all lot owners, each and every lot owner, in accepting a deed for any lot in such premises, agrees to, and shall be a member of and be subject to the obligations and duly enacted bylaws and rules of the Mount Vernon on the Potomac Citizens' Association, Inc., a non-profit corporation. Except with regard to easements in connection with improvements, as permitted and governed by paragraph numbered 15, below, in the event any lot owner shall not pay any dues, annual charge or assessment established and levied by the Board of Directors of the Mount Vernon on the Potomac Citizen’s Association, Inc., and such delinquency shall continue for more than thirty days following written notice thereof, such assessment shall constitute a lien upon the lot of the Member, and the Association shall cause to be recorded a notice of such lien among the land records of Fairfax Country, such lien to also include reasonable attorney’s fees incurred by the Association incident to collection of such dues, annual charge, or assessment or in the enforcement of such lien. Any release shall be at the expense of the delinquent owner, and the lien shall be subordinate to the lien of any existing deed of trust on such lot.
15. ASSOCIATION IMPROVEMENTS: Nothing contained herein shall prohibit the construction or installation by Mount Vernon on the Potomac Citizen’s Association, Inc., of recreational facilities, including but not limited to swimming pools, marina and tennis courts, upon property owned by said Association for the benefit of all the members of such association. Any such improvement shall be owned by the Association and operated and maintained by it in accordance with its bylaws; provided, however, that no Association member shall be assessed any amounts in connection with any recreational facilities without first having consented thereto in writing.
16. ENFORCEMENT: Any violation of the above covenants shall be deemed to be a continuing one until remedied, and shall be enforceable by appropriate court action instituted at any time by any one or more lot owners in this Subdivision or by the Mount Vernon on the Potomac Citizen’s Association, Inc. In the event any person entitled to enforce these covenants, including the Mount Vernon on the Potomac Citizen’s Association, Inc., which is hereby granted the right to enforce said covenants by an action at law or in equity, shall file an action against the owner of any lot or any interest therein, including a leasehold interest, the prevailing party shall be entitled to recover as part of any such judgment the cost of prosecuting such action, including reasonable attorney fees.
17. INVALIDATION. Invalidation of any one or more of the covenants set forth herein (or a part thereof) by judgment or court order shall in no way affect any of the other covenants set forth herein which shall remain in full force and effect.
NOTES:
1. The wording of this paragraph as pertains to Section I, lots 1-23 and 61-80 is as follows:
FENCES: No fence or similar enclosure may be built on any lot except a rear yard fence, which shall not exceed 48 inches in height and shall not extend beyond the front line of the dwelling erected on said lot, and such rear yard fence which be of wood, brick, or metal construction of at least fifty percent (50%) open design. This restriction shall not be construed to preclude the growth of an ornamental hedge fence, which shall be kept neatly trimmed to a height of not more than three feet around the front yard of any said lots. Any fence built on any of the above-described lots shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. In regard to corner lots, side fences may not extend closer to a public street than the building setback line required by the County of Fairfax, Virginia. The above mentioned maximum height of 48 inches may be increased for those lots on which a swimming pool is constructed and maintained on the rear of the lot to the minimum height of the fence required by the appropriate authorities of Fairfax Country, Virginia, to be erected around a swimming pool.
2. The wording of this paragraph as pertains to Section 1, lots 1-23 and 61-80 is: Easements for installation and maintenance of utilities, including sanitary and storm sewer lines, are reserved as shown on the recorded plat.
MOUNT VERNON ON THE POTOMAC CITIZENS ASSOCIATION, INC.
Membership Resolution No. 96-1
(Responsibility for Maintenance and Repair and Replacement of Pipestem and Cul-de-Sac Surfaces)
WHEREAS, the question of whether the Association is legally responsible for the maintenance, repair and replacement of the asphalt surface of the cul-de-sacs and pipestem driveways within the community is not definitively addressed by the Association’s legal instruments; and
WHEREAS, at a Special Meeting of the Membership on February 20, 1996, the Board of Directors announced its intention to form an Ad Hoc Paving Committee to address this general issue, as well as other specific issues; and
WHEREAS, the Board shortly thereafter appointed members of the Association to the Committee who then met and reviewed all relevant issues; and
WHEREAS, the Ad Hoc Paving Committee submitted its report to the Board and recommended that the Association accept financial responsibility for the maintenance, repair and replacement of the asphalt surface of the cul-de-sacs and pipestem driveways within the community; and
WHEREAS, the Board of Directors has decided to accept this recommendation of the Ad Hoc Paving Committee; and
WHEREAS, the expense associated with this responsibility is significant enough that the Board of Directors has decided that the membership should be given an opportunity to ratify the decision of the Board of Directors.
WHEREAS, a majority of a quorum of members present in person or by proxy at a meeting of the members have voted in favor of adopting this resolution.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The asphalt surfaces of the cul-de-sacs and pipestem driveways shown on the subdivision plat of Mt. Vernon on the Potomac shall be the financial responsibility of the Association.
2. The Board of Directors shall have the authority to incur expenses on behalf of the Association for the maintenance, repair, and replacement of the cul-de-sacs and pipestem driveways. The Board of Directors shall exercise its reasonable discretion in determining when expenses shall be incurred and the form of maintenance, repair, or replacement to be undertaken by the Association.
3. The Board of Directors shall have the authority to annually establish an operating and reserve appropriation in the Association’s budget for the costs of maintenance, repair, or replacement of the cul-de-sacs and pipestem driveways. The Board shall assess the financial responsibility of these appropriations against all members equally.
4. The Board of Directors shall have the power to establish reasonable regulations and policies necessary to protect the Association’s financial exposure, including the power to specially assess any individual owner who wrongfully causes damage to the cul-de-sacs or pipestem driveways for the costs of their repair.
5. This resolution shall be binding upon the Association and all succeeding Boards. It may be repealed or amended only by a majority vote of the Association members at a duly called Membership Meeting at which this specific issue is properly placed on the agenda.