Covenants - CONNEMARA WOODS

DECLARATION OF COVENANTS,

CONDITIONS, AND RESTRICTIONS

OF THE

CONNEMARA WOODS HOMEOWNERS ASSOCIATION

THIS DECLARATION, made this 15^th day of February, 1993 by the CONNEMARA WOODS HOMEOWNERS ASSOCIATION, a Virginia corporation, hereinafter called “the Association,”

WITNESSETH:

WHEREAS, the Association represents the owners of certain real property located in the Sterling Magisterial District, Loudoun County, Virginia, containing 16.4 1274 acres, as more specifically described in the metes and bounds description attached as Exhibit A to the Deed of Dedication and Subdivision originally recorded on or about 25 March 1986 by officials of The Connemara Corporation, to which Deed of Dedication and Subdivision this Declaration is associated; and

WHEREAS, the Association desires to maintain on the said property a residential community with permanent open spaces and other common facilities for the benefit of said community, and such other areas as may be subjected to this Declaration by the Association, and for the maintenance of said open spaces and other facilities and, to this end, desires to subject the property as hereinabove described to the covenants, restrictions, easements, conditions, charges, and liens hereinafter set forth, it being intended that the easements, covenants, restrictions, and conditions shall run with said property and shall be binding on all persons or entities having or acquiring any right, title, or interest in said real property or any part thereof, and shall inure to the benefit of each other thereof; and

WHEREAS, the Association has deemed it desirable for the efficient preservation of the values and amenities of said community to exercise the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and

WHEREAS, the Association has been incorporated under the laws of the Commonwealth of Virginia as a non-stock, not-for-profit corporation, for the purpose of exercising the functions aforesaid.

NOW, THEREFORE, the Association does hereby declare that the heretofore described real property shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, conditions, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and 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 each owner thereof.

ARTICLE I

Definitions

Section 1. “Association” shall mean and refer to the Connemara Woods Homeowners Association, its successors and assigns.

Section 2. “Property” shall mean and refer to that certain real property hereinabove described, and such additions thereto, if any, as may hereafter be brought within the jurisdiction of the Association, in accordance with the terms of this Declaration.

Section 3. “Common Area’ shall mean all real property with appurtenances thereto (including any improvements thereon) owned by the Association for the common use and enjoyment of the Members of the Association and being initially composed of Parcels A, B, C, and D, Connemara Woods, as the same dedicated, platted, and previously recorded hereto among the land records of Loudoun County, Virginia.

Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision plat of the Property, but with the exception of the Common Area and areas dedicated as public streets.

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 person or entities, of a fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 7. “Dwelling” shall mean and refer to any building or portion of a building situated upon the Property and designed and intended for use and occupancy as a residence.

Section 8. “Mortgagee”, as used herein, means the holder of any recorded mortgage, or the party secured or beneficiary of any recorded deed or trust, encumbering one or more of the Lots. “Mortgage”, as used herein, shall include deed of trust. “First Mortgage”, as used herein, shall mean a mortgage with priority over other mortgages. As used in this Declaration, the term “mortgagee” shall mean any mortgagee and shall not be limited to institutional mortgagees. As used in this Declaration, the term “institutional mortgagee” or “institutional holder” shall include mortgagees which are banks, trust companies, insurance companies, mortgage insurance companies, savings and loans associations, trusts, mutual savings banks, credit unions, pension funds, mortgage companies, Federal National Mortgage Association (“FNMA”), Federal Home Loan Mortgage Corporation (“FHLMC”), all corporations and any agency or department of the United States Government or of any state or municipal government. As used in this Declaration, the terms “holder” and “mortgagee” shall include the parties secured by any deed of trust or any beneficiary thereof.

ARTICLE II

Property Subject to Declaration

The real property which is, and shall be held, conveyed, hypothecated or encumbered, sold, leased, rented, used, occupied and improved subject to this Declaration is located in Loudoun County, Commonwealth of Virginia, and is more particularly described on “Exhibit A” to the Deed of Dedication and Subdivision originally recorded on or about 25 March 1986 by officials of The Connemara Corporation, to which Deed of Dedication and Subdivision this Declaration is associated.

ARTICLE III

Membership

Section 1. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one Membership for each Lot owned. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for Membership.

Section 2. Members shall be all those Owners as defined in Article I, who own and hold title to a Lot upon which a single family attached dwelling unit is or can be constructed. Members shall be entitled to one vote for each Lot in which they hold the interest required for Membership by this Article. When more than one person holds such 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.

ARTICLE IV

Section 1. Member’s Right of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the Common Areas and community facilities and such easement shall be appurtenant to and shall pass with the fee title to every Lot subject to the following:

(a) The right of the Association, in accordance with its Articles of Incorporation and Bylaws, and with the consent of two-thirds (2/3) of the then Members of the Association to borrow money for the purpose of improving the Common Areas and community facilities in a manner designed to promote the enjoyment and welfare of the Members and in aid thereof to mortgage any of the Common Areas and community facilities; and

(b) The right of the Association to take such steps as are reasonably necessary to protect the property of the Association against mortgage default and foreclosures; provided, however, that the same are in conformity with the other provisions of this Declaration; and

(c) The right of the Association to adopt reasonable rules respecting use of the Common Areas and community facilities to reasonably limit the number of guests of Members to the use of any facilities which are developed upon the Property; and

(d) The right of the Association to suspend the voting rights and the rights to use of the Common Areas and community facilities for any period during which any assessment remains unpaid and for any period not to exceed sixty (60) days for any infraction of any of the published rules and regulations of the Association; and

(e) The right of the Association to dedicate or transfer all or any part of the Common Areas or community facilities to any public or municipal agency, authority, or utility for purposes consistent with the purpose of this Declaration and subject to such condition as may be agreed to by the Members and further subject to the then existing laws and applicable ordinances; provided, however, that no such dedication or transfer or determination as to the purposes or as to the condition thereof, shall be effective unless two-thirds (2/3) of the then voting Members of the Association consent to such dedication, transfer, purpose, and conditions, at any special meeting of the Members duly called for such purpose; and

(f) The right of the Association, acting by and through its Board of Directors, to grant licenses, rights of way and easements for access or for the construction, reconstruction, maintenance and repair of any utility lines or appurtenances, whether public or private, to any municipal agency, public utility, or any other person; provided, however, that no such licenses, rights of way or easements shall be unreasonably and permanently inconsistent with the rights of the Members to the use and enjoyment of the Common Areas and community facilities; and

(g) The right of the Association, acting by and through its Board of Directors, to enter into agreements whereby the Association acquires leaseholds, Membership or other possessory or use interests in real or personal property for the purpose of promoting the enjoyment, recreation, or welfare of the Members of the Association and to declare expenses incurred in connection therewith to be common expenses of the Association.

Section 2. Delegation of Right of Use. Any Member of the Association may delegate his rights to the use and enjoyment of the Common Areas and community facilities to the Members of his family who reside permanently with him and to his tenants, contract purchasers and guests, all subject to such reasonable rules and regulations which the Association may adopt and uniformly apply and enforce.

ARTICLE V

Covenant for Maintenance Assessments

Section 1. Annual Maintenance Assessment. The Association hereby covenants and each person, group of persons, corporation, partnership, trust, or other legal entity, or any combination thereof, who becomes a fee owner of a Lot within the Property, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay the Association Annual Maintenance Assessments as hereinafter defined, within thirty (30) days of buffing, a single annual payment, of the Member’s proportionate share of the sum required by the Association, as estimated by its Board of Directors, to meet its annual expenses (herein elsewhere sometimes referred to as “Annual Maintenance Assessments”), including but in no way limited to the following:

(a) The cost of all operating expenses of the Common Areas and community facilities, including recreation facilities, and the services furnished to or in connection with the Common Areas, community facilities, and recreational facilities, including charges by the Association for any services furnished by it; and

(b) The cost of necessary management and administration of the Common Areas and community facilities, including fees paid to any Management Agent; and

(d) The cost of liability insurance on the Common Areas and community facilities and the cost of such other insurance as the Association may effect with respect to the Common Areas; and

(e) The cost of utilities and other services which may be provided by the Association including snow removal on private streets, whether for the Common Areas and community facilities or for the Lots, or both; and

(f) The cost of maintaining, replacing, repairing, and landscaping the Common Areas, including, without limitation, maintenance of any storm water detention basins or the like located upon the Common Areas and the cost of the maintenance of all pathways and any retaining walls upon the Property, together with such equipment as the Board of Directors shall determine to be necessary and proper in connection therewith; and

(g) The cost of funding all reserves established by the Association, including, when appropriate, a general operating reserve and a reserve for replacements; and

(h) The cost of any leasehold, Membership or other possessory or use interests in real or personal property arranged by the Association for the purpose of promoting the enjoyment, recreation, or welfare of the Members of the Association.

(i) The Board of Directors may also authorize landscaping for the front yards of all Owner’s Lots, in which event such costs shall be a common expense and subject to maintenance assessments as herein provided.

The Board of Directors shall determine the amount of the maintenance assessment annually, but may do so at more frequent intervals should circumstances so require. Upon resolution of the Board of Directors, installments of annual assessments may be levied and collected on a quarterly, semi-annual, or annual basis rather than on the monthly basis hereinabove provided for. Any Member may prepay one or more installments on any Annual Maintenance Assessment levied by the Association, without premium or penalty.

The Board of Directors shall prepare, or cause the preparation of an annual operating budget for the Association which shall provide, without limitation, for the management, operation, and maintenance of the Common Areas. The Board of Directors of the Association shall make reasonable efforts to fix the amount of the Annual Maintenance Assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and the Annual Maintenance Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner upon reasonable notice to the Board. Written notice of the Annual Maintenance Assessments shall thereupon be sent to the Members. The omission by the Board of Directors, before the expiration of any assessment period to fix the amount of the Annual Maintenance Assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Member from the obligation to pay the Annual Maintenance Assessment, or any installment thereof, for that or any subsequent assessment period, but the Annual Maintenance Assessment fixed for the preceding period shall continue until a new maintenance assessment is fixed. No member may exempt himself from liability for maintenance assessments by abandonment of any Lot belonging to him or by the abandonment of his right to the use and enjoyment of the Common Areas and community facilities.

Except as may be specifically provided for herein, this Declaration does not contemplate that the Association shall have any responsibility for the maintenance or repair of the dwellings or their appurtenances and the responsibility and duties of the Association for maintenance and repairs shall be limited to the Common Areas and community facilities. The Owner of any Lot shall, at his own expense, maintain his Lot, dwelling, and any and all appurtenances thereto, in good order, condition, and repair, and in a clean, sightly, and sanitary condition at all times. In the event any Owner shall fail to maintain his Lot, dwelling, and/or appurtenances thereto, as aforesaid, the Association shall have the right, after first having thirty (30) days written notice of its intent to exercise this right to the Owner, to make the necessary repairs and/or maintenance to the Lot, dwelling, and/or appurtenances thereto, and to charge the cost of such repairs to the Owner, which amount shall be due and payable to the Association from that Owner as an additional assessment hereunder.

Section 2. Special Maintenance Assessments. In addition to the regular maintenance assessments authorized by this Article, the Association may levy in any assessment year a special maintenance assessment or assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair or replacement of a described capital improvement located upon, or forming part of the Common Areas and community and recreational facilities, including the necessary fixtures and personal property related thereto, or for such other purpose as the Board of Directors may consider appropriate; provided that any such assessment shall have the assent of two-thirds (2/3) of the then Members of the Association. A meeting of the Members shall be duly called for this purpose, after thirty (30) days notice of such meeting to all Members.

Section 3. Reserves for Replacements. The Association shall establish and maintain a reserve fund for replacements of the Common Areas and community and recreational facilities by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Board of Directors. Such fund shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any State or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve for replacements of the Common Areas and community and recreational facilities may be expended only for the purpose of affecting the replacement of the Common Areas and community facilities, major repairs to any sidewalks, parking areas, streets, or roadways developed as a part of the Property, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature relating to the Common Areas and community facilities. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot.

Section 4. Increase In Maximum Annual Maintenance Assessment. The maximum Annual Maintenance Assessment may be increased by the Board of Directors of the Association, without a vote of the Membership, by an amount equal to ten (10) percent of the maximum annual assessment for the preceding year, plus the amount by which any ad valorem real estate taxes and casualty and other insurance premiums payable to the Association have increased over amounts payable for the same or similar items for the previous year.

The maximum Annual Maintenance Assessment may be increased above that established by the preceding paragraph by a vote of the Members, as hereinafter provided, for the next succeeding year. Any change made pursuant to this paragraph shall have the assent of two-thirds (2/3) of the Members of the Association. A meeting of the Members shall be duly called for this purpose.

Section 5. Non-Payment of Assessments - Memorandum of Lien for Assessments. Any assessment levied pursuant to this Declaration, and any installment thereof, which is not paid on the date when due shall be delinquent and shall, together with interest thereon and the cost of collection thereof, as hereinafter provided, become a continuing lien upon the Lot or Lots belonging to the Member against whom such assessment is levied. Upon notice on such delinquency, the Association may declare the entire balance of such Annual or Special Maintenance Assessment due and payable in full and may file a Memorandum of Lien or similar instrument among the land records or other appropriate office, recording the Association’s continuing contractual lien against the Owner’s Lot for assessments.

The lien evidenced hereby shall bind the Lot or Lots herein described in the hands of the then Owner thereof, his heirs, devisees, personal representatives, and the personal obligation of the Member to pay such assessment shall, in addition, remain his personal obligation for the statutory period and a suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without establishing, perfecting, foreclosing, or waiving the lien herein provided for to secure the same.

No suit or other proceeding may be brought to enforce or foreclose the lien evidenced herein after twenty-four (24) months from the date the assessment became due and owing. No suit or other proceeding may be brought to enforce or foreclose the lien except after ten (10) days’ written notice to the Member, given by Registered or Certified Mail - Return Receipt Requested, postage prepaid, to the address of the Member shown on the roster of Members maintained by the Association.

Any assessment levied pursuant to this Declaration, or any installment thereof, which is not paid within ten (10) days after it is due, may bear interest at the rate of ten (10) percent per annum, and the Association may bring any action at law against the Member personally obligated to pay the same, or foreclose on the lien against the Lot or Lots then belonging to said Member in the manner now or hereafter provided by law or, if no separate provision is made by law, then in the manner now or hereinafter provided by law for the foreclosure of mortgages, deeds of trust, or other liens on real property in the Commonwealth of Virginia containing a power of sale or consent to a decree, and subject to the same requirements, both substantive and procedural, or as may otherwise from time to time be provided by law, in either of which events interest, costs, and reasonable attorneys’ fees of not less than twenty (20) percent of the sum claimed shall be added to the amount of each assessment. Suit for any deficiency may be maintained in the same proceeding.

The Association shall notify the holder of the First Mortgage on any Lot for which any assessment levied pursuant to this Declaration becomes delinquent for a period in excess of thirty (30) days and in any other case where the Owner of such Lot is in default with respect to the performance of any other obligation hereunder for a period in excess of thirty (30) days, but any failure to give such notice shall not affect the validity of the lien for any assessment levied pursuant to this Declaration, nor shall any such failure affect any of the priorities established in this Article.

Section 6. Assessment Certificates. The Association shall, upon written demand at any time, by registered or certified mail, furnish to any Member liable for any assessment levied pursuant to this Declaration (or any other party legitimately interested in the same) a certificate in writing and in form sufficient for recordation signed by an officer of the Association, setting forth the status of said assessment, i.e., whether the same is paid or unpaid as to a particular Lot. Such certificate shall be conclusive evidence of the payment of any assessment therein stated to have been paid. Failure of the Association to furnish or make available such a certificate within ten (10) business days following receipt of such a written request shall extinguish the right of the Association to claim the lien for such assessment provided by law and provided for in this Declaration, and a charge not to exceed Fifteen Dollars ($15.00) may be levied in advance by the Association for each certificate so requested.

Section 7. Subordination of the Lien to Mortgages. The lien of the assessment provided for herein shall be subordinate to the lien of any First Trust or Mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payment thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

Section 8. 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 public authority;

(b) The Common Areas;

(c) All properties owned by charitable or other organizations exempt from taxation by the laws of the Commonwealth of Virginia.

However, no land or improvements devoted to dwelling use shall be exempt from said assessments.

Section 9. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence on the Lots subject to the Declaration on the first day of the month following conveyance by the original developer of the property--The Connemara Corporation--of the first Lot to an Owner, to be applied on a sectional basis for annexed properties. No Lot shall be subject to such assessment until the first day of the month following the conveyance of the first Lot in a Section to an Owner. The first annual assessment shall be adjusted accordingly to the number of months remaining in the calendar year.

Section 10. Dissolution of the Association. In the event of dissolution of the Association, in accordance with the terms of its Articles of Incorporation, each Lot shall continue to be subject to the annual assessment specified in Section 1 of this Article, and each Owner shall continue to be personally obligated for such assessment, to the extent that such assessments are required to enable the grantee of the real property owned by the Association to properly maintain it. In no event, however, shall the assessment exceed the amount that would otherwise be payable to the Association in accordance with the provisions of this Article.

ARTICLE VI

Section 1. Architectural Control Committee. Except for construction or development by, for, or under contract with the Association, and except for any improvements to any Lot or to the Common Areas accomplished by the Association concurrently with said construction and development, and except for purposes of proper maintenance and repair, no building, fence, wall or other improvements or structures shall be commenced, directed, placed, moved, altered, or maintained upon the Property, nor shall any exterior addition to or change (including any change of color) or other alteration thereupon be made until the complete plans and specifications showing the location, nature, shape, height, material, color, type of construction, and any other proposed form of change (including, without limitation, any other information specified by the Architectural Control Committee) shall have been submitted to and approved in writing as to safety, harmony of external design, color, and location in relation to surrounding structures and topography and conformity with the design concept for the community by an Architectural Control Committee designated by the Board of Directors.

This provision specifically allows for painting of exterior trim and doors in any color from a pre-approved list maintained by the Architectural Control Committee. This list will include, at a minimum, those colors originally used by the builder. This provision specifically allows for storm doors and storm windows, where such are made of or clad with aluminum, steel, vinyl, or other weatherproof material, and where such storm doors and windows are provided with a factory-applied coloring of black, brown, bronze, or white, or where such are painted to match the Dwelling trim. Any style of doors and windows is permitted. Member submittals which, in the opinion of the Architectural Control Committee, are not in conformance shall be decided by a referendum vote of all Members. Approval of this referendum shall constitute a change to the design concept for the community. Approval shall require a simple majority of eligible votes.

Section 2. Architectural Control Committee - Operation. The Board of Directors shall appoint an Architectural Control Committee. The Architectural Control Committee shall be composed of three (3) or more natural persons designated from time to time by the Board of Directors. The affirmative vote of a majority of the Members of the Architectural Control Committee shall be required in order to adopt or promulgate any rule or regulation, or to make any finding, determination, ruling or order, or to issue any permit, consent, authorization, approval or the like pursuant to the authority contained in this Article.

Section 3. Approvals, etc. Upon approval by the Architectural Control Committee of any plans and specifications submitted pursuant to the provisions of this Article, a copy of such plans and specifications, as approved, shall be deposited among the permanent records of such Committee and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same. In the event the Committee fails to approve or disapprove any plans and specifications which may be submitted to it pursuant to the provisions of this Article within sixty (60) days after such plans and specifications (and all other materials and information required by the Architectural Control Committee) have been submitted to it in writing, then approval will not be required and this Article will be deemed to have been fully complied with.

Section 4. Limitations. Construction or alterations in accordance with plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article shall be commenced within six (6) months following the date upon which the same are approved by the Architectural Control Committee (whether by affirmative action or by forbearance from action, as in Section 3 of this Article provided), and shall be substantially completed within twelve (12) months following the date of commencement, or within such other period as the Committee shall specify in its approval. In the event construction is not commenced within the period aforesaid, then approval of the plans and specifications by the Committee shall be conclusively deemed to have lapsed and compliance with the provisions of this Article shall again be required. There shall be no deviation from the plans and specifications approved by the Committee without the prior consent in writing of the Committee. Approval of any particular plans and specifications or design shall not be construed as a waiver of the right of the Committee to disapprove such plans and specifications, or any elements or features thereof, in the event such plans and specifications are subsequently submitted for use in any other instance.

Section 5. Rules and Regulations, etc. The Architectural Control Committee may from time to time adopt and promulgate such rules and regulations regarding the form and content of plans and specifications to be submitted for approval and may publish and record such statements of policy, standards, and guidelines, and establish such criteria relative to architectural styles or details, fences, colors, set-backs, materials, or other matters relative to architectural control and the protection of the environment, as it may consider necessary or appropriate. No such rules, regulations, statements, criteria, or the like shall be construed as a waiver of the provisions of this Article or any other provision or requirement of this Declaration. The decisions of the Architectural Control Committee shall be final except that any Member who is aggrieved by any action or forbearance from action by the Committee (or by any policy, standards, or guidelines established by the Committee) may appeal the decision of the Architectural Control Committee to the Board of Directors and, upon the request of such Member, shall be entitled to a hearing before the Board of Directors of the Association.

Section 6. Prohibited Uses and Nuisances. Except with the prior written approval of the Board of Directors of the Association or the Architectural Control Committee, or as may be necessary in connection with reasonable and necessary repairs or maintenance to any dwelling or upon the Common Areas:

(a) No noxious or offensive trade or activity shall be carried on upon any Lot or within any dwelling, nor shall anything be done therein or thereon, which may be or become an annoyance or nuisance to the neighborhood or other Members. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed, or maintained upon the exterior of any dwelling or upon the exterior of any other improvements;

(b) The maintenance, keeping, boarding, or raising of animals, livestock, or poultry of any kind, regardless of number, shall be and is hereby prohibited on any Lot or within any dwelling, except that this shall not prohibit the keeping of dogs, cats, caged birds, or other animals commonly accepted as domestic pets provided they are not kept, bred, or maintained for commercial purposes and, provided further, that such domestic pets are not a source of annoyance or nuisance to the neighborhood or other Members. The Board of Directors or, upon resolution of the Board of Directors, the Architectural Control Committee, shall have the authority after hearing, to determine whether a particular pet is a nuisance or a source of annoyance to other Members, and such determination shall be conclusive. Pets shall be attended at all times and shall be registered, licensed, and inoculated as may from time to time be required by law. Pets shall not be permitted upon the Common Areas unless accompanied by a responsible person and unless they are carried or leashed. The Board of Directors shall have the right to adopt such additional rules and regulations regarding pets as it may from time to time consider necessary or appropriate;

(c) No burning of any trash and no accumulation or storage of litter, lumber, scrap metals, refuse, bulk materials, waste, new or used building materials, or trash of any other kind shall be permitted on any Lot;

(d) Except as herein elsewhere provided, no junk vehicle, trailer, camper, camp truck, house trailer, boat, or other similar machinery or equipment of any kind or character (except for such equipment and machinery as may be reasonable, customary, and usual in connection with the use and maintenance of any dwelling and except for such equipment and machinery as the Association may require in connection with the maintenance and operation of the Common Areas and community facilities shall be kept upon the Property, except as such vehicle, equipment, or machinery is housed within the garage of the owner’s dwelling, nor (except for bonafided emergencies) shall the customizing, modification, extraordinary repair or extraordinary maintenance of automobiles be carried out thereon, except within the owner’s garage. Any customizing, modification, extraordinary repair or extraordinary maintenance that can be reasonably completed within three (3) days is also permitted in the owner’s driveway. The Association may, in the discretion of the Architectural Control Committee, provide and maintain a suitable area designated for the parking of such vehicles or the like;

(e) Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained upon any Lot. Garbage, trash, and other refuse shall be placed in covered containers, or plastic bags as designated by the Association. The Association reserves the right to remove such containers left in violation of this provision;

(f) No Lot shall be divided or subdivided and no portion of any Lot (other than the entire Lot) shall be transferred or conveyed for any purpose. No portion of any dwelling (other than the entire dwelling) shall be leased. The provisions of this subsection shall not be construed to prohibit the granting of any easement or right of way to any municipality, political subdivision, public utility, or other public body or authority, or to the Association, or any other person for any purpose;

(g) Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, television cable, or similar transmission line shall be installed or maintained on any Lot above the surface of the ground;

(h) No Lot shall be used for the purpose of boring, mining, quarrying, exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth;

(i) No sound hardwood trees measuring in excess of six (6) inches in diameter two (2) feet above the ground shall be removed from any Lot without written approval of the Association acting through the Architectural Control Committee or duly appointed subcommittee. The Architectural Control Committee may from time to time adopt and promulgate such additional rules and regulations regarding the preservation of trees or other natural resources and wildlife as it may consider appropriate;

(j) No structure of a temporary character, and no trailer, tent, barn, pen, kennel, run, stable, or permanent outdoor clothesline shall be erected, used, or maintained on any Lot at any time. Specific exceptions are allowed for overnight tents for children and area tents for special events and social gatherings such as weddings, graduations, and the like, which may be erected and used for periods up to three (3) days. Approved tents may not be erected in the front yard of any Lot. Exception is made to allow a collapsible outdoor clothesline, which may be used in the property backyard only, and which must be collapsed when not in use;

(k) Except for entrance signs, directional signs, signs for traffic control or safety, community “theme areas” and such promotional sign or signs as may be maintained by the Association, no signs or advertising devices of any character shall be erected, posted, or displayed upon, in or about any Lot or Dwelling, provided, however, that one temporary real estate sign not exceeding six (6) square feet in area, may be erected upon any Lot or attached to any Dwelling placed upon the market for sale or rent. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Dwelling. Specific exception is made for signs affixed to vehicles belonging to Members where such signs do not exceed three (3) signs per vehicle and exceed six (6) square feet in area (each). Specific exception is also made for signs displaying the resident’s name which may be attached to a mailbox (not to exceed the approximate dimensions of the box) or to the front of the Dwelling (not to exceed two (2) square feet. Yard sale signs not to exceed six (6) square feet in area may be posted for up to seventy-two (72) hours. The provisions and limitations of this subsection shall not apply to any institutional first mortgagee of any Lot who comes into possession of the Lot by reason of any remedies provided by law or in such mortgage or as a result of a foreclosure sale or other judicial sale or as a result of any proceeding, arrangement, assignment, or deed in lieu of foreclosure;

(1) No structure, planting, or other material shall be placed or permitted to remain upon any Lot which may damage or interfere with any easement for the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No storage shall be allowed outside of the fenced rear yard;

(m) No outside television aerial or radio antenna, or other aerial or antennae for either reception or transmission, shall be maintained upon the Property, except that such aerials or antennae may be erected and maintained within the Dwellings located upon the Property; and

(n) No Member shall make any private or exclusive or proprietary use of any of the Common Areas except with the specific approval of the Architectural Control Committee and then only on a temporary basis and no Member shall engage or direct any employee of the Association on any private business of the Member during the hours such employee is employed by the Association, nor shall any Member direct, supervise, or in any manner attempt to assert control over any employee of the Association.

Section 7. Residential Use - Leasing. All Dwellings shall be used for private residential purposes exclusively.

Section 8. Fences. Any fence constructed upon the Property shall be properly maintained and shall be either horizontal, rustic, unfinished split rail or vertical split sapling, or vertical board (stockade) and shall not extend beyond the front building line of the Dwelling on the Lot upon which any such fence is erected or the front building line of the Dwellings on all immediately adjacent Lots. No fence shall be more than six (6) feet in height. Chain link (except around recreational areas) and other wire fencing are prohibited. Specific exception is made for the addition of metal wire mesh to the interior side of an approved fencing, where such wire is coated with a durable non-rusting material (such as vinyl) and where such coating is black, dark green, or dark brown. The erection of all fences shall be subject to the provisions of this Article.

Section 9. Parking. Parking upon the Common Areas may be regulated by the Board of Directors and parking spaces may be assigned by the Board or by such Committee as the Board may designate for that purpose. In the event parking spaces upon the Common Areas are assigned as aforesaid, then no Member shall make use of any parking space other than the space or spaces assigned to his Lot by the Board of Directors without the express written consent of both the owner of the Lot to which such other space has been assigned and the Board of Directors of the Association, nor shall any Member invite, encourage, or permit the use by his guests of parking spaces assigned to Lots other than his own. No vehicle belonging to any Member, or to any guest, or employee of any Member, shall be parked in a manner which unreasonably interferes with or impedes ready vehicular access to any other parking space upon the Common Areas. No commercial vehicle, whether owned by the Owner or any other person, shall be permitted to remain on or be parked on the Common Area overnight. Nothing shall be stored upon any of the parking areas nor shall the same be permitted to accumulate trash or debris. In the event the Board of Directors elects to assign parking spaces upon the Common Areas as herein provided for, then the Board of Directors may make reasonable efforts to assign parking spaces in a manner calculated to make reasonable adjustments to accommodate the elderly and the handicapped.

Section 10. House Rules, etc. There shall be no violation of any rules for the use of the Common Areas and community facilities or “house rules” or other community rules and regulations not inconsistent with the provisions of this Declaration, which may from time to time be adopted by the Board of Directors of the Association and promulgated among the Membership by them in writing, and the Board of Directors is hereby and elsewhere in this Declaration authorized to adopt such rules.

Section 11. Enforcement - Right to Remove or Correct Violations. In the event any violation or attempted violation of any of the covenants or restrictions contained in this Article shall occur or be maintained upon any Lot, or in the event of any other conduct in violation of any of the provisions or requirements of this Article, then the same shall be considered to have been undertaken in violation of this Article and without the approval of the Architectural Control Committee or the Board of Directors required herein, and, upon written notice from the Architectural Control Committee or the Board of Directors, such violation shall be promptly removed or abated. In the event the same is not removed, or the violation is not otherwise terminated or abated, within fifteen (15) days (or such shorter period as may be required in any such notice) after notice of such violation is delivered to the Owner of the Lot upon which such violation exists, or to the Member responsible for such violation if the same shall be committed or attempted on premises other than the Lot owned by such Member, then the Association shall have the right, through its agents and employees (but only after a resolution of the Architectural Control Committee) to enter upon such Lot and to take such steps as may be necessary to remove or otherwise terminate or abate such violation and the cost thereof may be assessed against the Lot upon which such violation occurred and when so assessed, a statement for the amount thereof shall be rendered to the Owner of said Lot at which time the assessment shall become due and payable and a continuing lien upon such Lot, and a binding personal obligation of the Owner of such Lot, in all respects (and subject to the same limitations) as provided in Article V of this Declaration. The Association shall have the further right, through its agents, employees, or committees, to enter upon and inspect any Lot at any reasonable time for the purpose of ascertaining whether any violation of the provisions or requirements of this Declaration, exist on such Lot; and neither the Association nor any such agent or employee shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

ARTICLE VII

Section 1. Management Agent. The Board of Directors may employ for the Association a management agent or manager (the “Management Agent’) at a rate of compensation established by the Board of Directors to perform such duties and services as the Board of Directors shall from time to time authorize in writing. The Management Agent shall perform such duties and services as the Board of Directors shall authorize in writing.

Any management agreement entered into by the Association shall provide inter alia, that such agreement may be terminated, with or without cause and without the payment of any penalty or termination fee, by either party upon ninety (90) days’ written notice thereof to the other party. The term of any such management agreement shall not exceed one (1) year; provided, however, that the term of any such management agreement may be renewable by mutual agreement of the parties for successive one-year periods.

Section 2. Limitation of Liability. The Association shall not be liable to any Member for loss or damage, by theft or otherwise, of articles which may be stored upon the Common Areas or community facilities. No diminution or abatement of assessments, as herein elsewhere provided for, shall be claimed or allowed for inconvenience or discomfort rising from the making of repairs or improvements to the Common Areas or community facilities, or from any action taken by the Association to comply with any of the provisions of this Declaration or with any law or ordinance or with the order or directive of any municipal or other governmental authority.

ARTICLE VIII

Easements for Utilities and Related Purposes

The Association is authorized and empowered to grant (and shall from time to time grant) such other licenses, easements, and rights of way over the Common Areas and community facilities for sewer lines, water lines, electrical cables, television or telephone cables, gas lines, storm drains, cables, underground conduits, and such other purposes related to the provisions of utility services to the community as may be considered necessary and appropriate by the Board of Directors for the orderly maintenance, preservations, and enjoyment of the Common Areas and community facilities and for the preservation of the health, safety, convenience, and welfare of the Owners of the Lots.

ARTICLE IX

Section 1. Amendment. Subject to the other limitations set forth in this Declaration, this Declaration may be amended by an instrument executed and acknowledged by a majority of the then Members of the Association, which instrument shall be recorded among the Land Records for the jurisdiction in which this Declaration is recorded. Unless a later date is specified in any such instrument, any amendment to this Declaration shall become effective on the date of recording, provided, however, that no amendment shall be effective unless it is executed by at least one (1) Member.

Section 2. Duration. Unless amended in accordance with the provisions of Section 1 of this Article and the other requirements of this Declaration, and except where permanent easements or other permanent rights or interests are herein created, 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, for a term of twenty (20) years from the date of recordation of this Declaration, after which the said covenants shall be automatically extended for successive periods of twenty (20) years each.

Section 3. Construction and Enforcement. The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of the community. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenants of restriction, either to restrain or enjoin violation or to recover damages or both, and against any Lot to enforce the lien created hereby; and the failure or forbearance by the Association or the Owner of any Lot to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

The provisions hereof may be enforced, without limitation, by the Association, by any Owner, or any Mortgagee of any Lot which becomes subject to the provisions hereof and by any other person, firm, corporation, or other legal entity who has any right to the use of any of the Common Areas and community facilities owned by the Association.

There shall be and there is hereby created and declared to be a conclusive presumption that any violation or breach or attempted violation or breach of any of the within covenants or restrictions cannot be adequately remedied by action at law or exclusively by recovery of damages.

Section 4. Incorporation by Reference on Resale. In the event any Owner sells or otherwise transfers any Lot, any deed purporting to effect such transfer shall contain a provision incorporating by reference the covenants, restrictions, servitudes, easements, charges, and liens set forth in this Declaration.

Section 5. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, by ordinary mail, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

Section 6. No Dedication to Public Use. Nothing herein contained shall be construed as a dedication to public use or as an acceptance for maintenance of any Common Areas or community facility by any public or municipal agency, authority, or utility and no public or municipal agency, authority, or utility shall have any responsibility or liability for the maintenance or operation of any of the Common Areas or community facilities.

Section 7. Severability. Invalidation of any one of these covenants or restrictions by judgment, decree, or order shall in no way affect any other provisions hereof, each of which shall remain in full force and effect.

Section 8. Consents. Any other provision of this Declaration to the contrary notwithstanding, neither the Members, the Board of Directors, nor the Association shall, by act or omission, take any of the following actions without the prior written consent and approval of the institutional holders of all First Mortgages of record on the Lots:

(a) Abandon, partition, subdivide, encumber, sell, or transfer any of the Common Areas and community facilities; provided, however, that the granting of rights of way, easements and the like for public utilities or for other purposes consistent with the use of the Common Areas and community facilities by the Members of the Association shall not be considered a transfer within the meaning of this Section; or

(b) Abandon or terminate this Declaration; or

(c) Modify the method of determining and collecting common expense assessments or other assessments as provided for in this Declaration; or

(d) Fail to maintain fire and extended coverage insurance on insurable Common Areas and community facilities on a current replacement cost basis in an amount not less than one hundred (100) percent of the insurable value of such Common Areas and community facilities, based upon current replacement cost; or

(e) Resolve to use the proceeds of casualty insurance for any purpose other than the repair, replacement, or reconstruction of the Common Areas and community facilities; or

(f) Modify or amend any material or substantive provision of this Declaration or the Bylaws of the Association.

Section 9. Additional Rights of Mortgagees - Notice. The Association shall promptly notify the holder of the First Mortgage on any Lot for which any assessment levied pursuant to the Declaration or any installment thereof, becomes delinquent for a period in excess of thirty (30) days and the Association shall promptly notify the holder of the First Mortgage on any Lot with respect to which any default in any other provision of this Declaration remains uncured for a period in excess of thirty (30) days following the date of such default. Any failure to give any such notice shall not affect the validity or priority of any First Mortgage on any Lot and the protection extended in this Declaration to the holder of any such Mortgage shall not be altered, modified, or diminished by reason of such failure.

No suit or other proceeding may be brought to foreclose the lien for any assessment levied pursuant to this Declaration except after ten (10) days’ written notice to the holder of the First Mortgage on the Lot which is the subject matter of such suit or proceeding.

Any institutional first mortgagee of any Lot upon the Property may pay any taxes, utility charges or other charge levied against the Common Areas and community facilities which are in default and which may or have become a charge or lien against any of the Common Areas and community facilities and any such institutional first mortgagee may pay any overdue premiums on any hazard insurance policy or secure new hazard insurance coverage on the lapse of any policy, with respect to the Common Areas and community facilities. Any First Mortgagee who advances any such payment shall be due immediate reimbursement of the amount so advanced from the Association.

Section 10. Casualty Losses. In the event of substantial damage or destruction to any of the Common Areas or community facilities, the Board of Directors of the Association shall give prompt written notice of such damage or destruction to the holders of all First Mortgages of record on the Lots. No provision of this Declaration or the Bylaws of the Association shall entitle any Member to any priority over the holder of any First Mortgage of record on his Lot with respect to the distribution to such Member of any insurance proceeds paid or payable on account of any damage or destruction of any of the Common Areas or community facilities.

Section 11. Condemnation of Eminent Domain. In the event any part of the Common Areas and community facilities is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, then the Board of Directors of the Association shall give prompt written notice of any such proceeding or proposed acquisition to the holders of all First Mortgages of record on the Lots. No provision of this Declaration or the Bylaws of the Association shall entitle any Member to any priority over the holder of any First Mortgage of record on his Lot with respect to the distribution to such Member of the proceeds of any condemnation or settlement relating to a taking of any of the Common Areas and community facilities.

Section 12. Captions and Gender. The captions contained in this Declaration are for the convenience only and are not a part of this Declaration and are not intended in any way to limit or enlarge the terms and provisions of this Declaration. Whenever the context so requires, the male shall include all genders and the singular shall include the plural and vice versa

WITNESS the following signature and seal:

CONNEMARA WOODS HOMEOWNERS ASSOCIATION

Seal By: signed

John A. Charles, President

STATE OF Virginia

COUNTY OF Loudoun, to wit:

I, the undersigned, a Notary Public in and for the county and State aforesaid, whose commission as such expires on the 28th day of February 1993 do hereby certify that John A. Charles, as President of the Connemara Woods Homeowners Association, whose name is signed to the foregoing document bearing date on the 15th day of February, 1993 has signed and acknowledged the same before me in my County and 5 aforesaid.

GIVEN under my hand and seal this 15th day of February, 1993.

Signed Bonnie C. Monroe

Notary Public

Seal

Loudoun County Clerk Record Stamp March, 3, 1993

Signed Richard Kirk