Disclaimer

The Homeowners Association continues to transition sections of Salisbury to the new Covenants and Restrictions.  Included below is a copy of the new uniform C&Rs.  The new C&Rs have specific language regarding recordation at the courthouse, lot and plat numbers, etc.  In the interest of space, these sections have been edited out for the directory, but are available from the Homeowners Association, 897-SHOA.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SALISBURY HOMEOWNERS ASSOCIATION AND THE RESTATED AND AMENDED DECLARATION OF RESTRICTIONS, SALISBURY

        THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SALISBURY HOMEOWNERS’ ASSOCIATION AND THE RESTATED AND AMENDED DECLARATION OF RESTRICTIONS, SALISBURY, is made this day _____ of _____________, 20xx, by SALISBURY HOMEOWNERS’ ASSOCIATION, a Virginia non-stock corporation, hereinafter referred to as the Association and a majority of lot owners in Salisbury.

     WHEREAS, the Association’s Board of Directors desires to expand the Association’s purposes, authority, rights and responsibilities to include, amongst others, architectural review and covenant enforcement over potentially all lots in all Sections of the Salisbury Community and to transition, over time, from a voluntary membership association to an association which contains a voluntary and mandatory membership and eventually becomes solely a mandatory membership community association;

ARTICLE I — DEFINITIONS

Section 1. “Articles of Incorporation” or “Articles” shall mean and refer to the Articles of Incorporation of the Salisbury Homeowners Association, as amended, and as filed with the State Corporation Commission of the Commonwealth of Virginia.

Section 2. “Association” shall mean and refer to the Salisbury Homeowners Association, a Virginia nonprofit nonstock corporation, its successors or assigns.

Section 3. “Assessment” shall mean and refer to assessments levied equally against all Lots subject to this Declaration to fund Common Expenses as provided in Article VI of this Declaration.

Section 4. “Board of Directors” or “Board” shall be and refer to the elected body of the Association having its normal meaning under Virginia corporate law.

Section 5. “Bylaws” shall mean and refer to the Bylaws of the Salisbury Homeowners Association., as they may be amended from time to time.

Section 6. Common Area shall mean the real property owned, operated and maintained by the Association and which is designated for the use of the members of the Association.

Section 7. “Community-Wide Standard” shall mean the standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard may be more specifically determined by the Board of Directors or the Architectural Control Committee (hereinafter, ACC).

Section 8. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision plat which is subject to this Declaration with the exception of any Common Area.

Section 9. Member shall mean and refer to a Person entitled to membership in the Association, as provided herein.

Section 10. “Owner” shall mean and refer to the record owner of any Lot including builders and contract sellers, but excluding in all cases any party holding an interest merely as security for the performance of an obligation.

Section 11. “Properties” shall mean and refer to the real property, including lots and common area property, described in the Declaration, as amended.

ARTICLE II — MEMBERSHIP AND VOTING RIGHTS

Section 1. Membership. Every Owner, as defined in Article I, Section 9 hereof, shall be deemed to have a membership in the Association. No Owner, whether one or more Persons, shall have more than one membership per Lot owned. In the event a Lot is owned by more than one Person, all such co-owners shall be entitled to the privileges of membership, subject to the restrictions on voting set forth in Section 2 of this Article and in the Bylaws, and all such coowners shall be jointly and severally obligated to perform the responsibilities of Owners hereunder. The rights and privileges of membership may be exercised by a Member or the Member’s spouse, subject to the provisions of this Declaration and the Bylaws. The membership rights of a Lot owned by a corporation or partnership shall be exercised by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. The foregoing does not include persons or entities, which hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessments.

Section 2. Other Association Members. Owners acknowledge that in addition to their being mandatory members of the Association, the Association is comprised of voluntary members with the purpose and intent of the Association being to transition from a voluntary membership association to an association with voluntary and mandatory members eventually to a mandatory membership association. Owners further acknowledge that the voting and election of the Board of Directors of the Association shall be as established by the Association’s Articles of Incorporation and Bylaws.

Section 3. Voting. The Association shall have one class of Membership, Class “A. Class “A” Members shall be all Owners, as described in Article I, Section 9 above. Class “A” Members shall be entitled to one (1) equal vote for each Lot in which they hold the interest required for membership under Section 1 hereof; there shall be only one vote per Lot.

ARTICLE III — ARCHITECTURAL STANDARDS

Section 1. Architectural Standards. No structure shall be placed, erected or installed upon any Lot, no construction (which term shall include within its definition staking, clearing, excavation, grading and other site work), no exterior alteration or modification of existing improvements shall take place except in strict compliance with this Article, until the requirements below have been fully met, and until the prior written approval of the appropriate committee or the Board has been obtained pursuant to this Article.

Section 2. Architectural Control Committee. The Board of Directors may establish an Architectural Control Committee (“ACC”) to consist of at least two (2) and no more than five (5) persons, all of whom shall be appointed by and shall serve at the discretion and at the pleasure of the Board of Directors. The ACC, if established, shall have jurisdiction, with the Board of Directors over any exterior modifications, additions, or alterations made on or to existing Lots or structures containing Lots and the open space, if any, appurtenant thereto. The ACC may promulgate detailed standards and procedures governing its areas of responsibility and practice, consistent with the Declaration, as approved by the Board of Directors. Such standards and procedures, if promulgated, shall be referred to as the Salisbury Guidelines. In addition, the following shall apply: plans and specifications showing the nature, kind, shape, color, size, materials, and location of such modifications, additions, or alterations, shall be submitted in writing to the ACC for approval as to quality of workmanship and design as to harmony of external design with existing structures, location in relation to surrounding structures, topography, and finish grade elevation. All authority referenced in this Section with respect to the All shall default to the Board if the ACC is not established by the Board or does not exist, for any reason. Nothing submitted to the ACC or the Board for approval in accordance with this Article shall be deemed approved unless in writing by the ACC or the Board.

Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of his or her dwelling, or to paint the interior of his or her dwelling any color desired; however, modifications or alterations to the interior of screened porches, patios, and similar portions of a dwelling visible from outside the dwelling shall be subject to approval by the ACC or Board. If approval of such plans and specifications is neither granted nor denied within thirty (30) days following receipt by the ACC of written requests for approval, the party making the submission for approval shall deliver written notice to the ACC of its failure to acts and, if approval is not granted or denied within fifteen (15) days thereafter, the plans and specifications shall be deemed to be approved. Lot owners shall be entitled to one appeal to the Board of Directors of decisions made by the ACC. Such appeal must be in writing and must be submitted within fifteen (15) days from the date of the ACCs decision. Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.

Section 3. No Waiver of Future Approvals. The approval of either the ACC of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the ACC shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent.

Section 4. No Liability. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations and consistency with the community-wide standard only, and the ACC shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other requirements of local, state or federal law. Neither the Association, the Board of Directors, any committee, or member of any of the ACC shall be held liable for any injury, damages or loss arising out of the manner or quality of approved construction on or modifications to any Lot.

Section 5. Completion Within 6 Months. All work, construction, building, installation, etc. which is subject to a written approval by the ACC or Board, as contemplated herein, must be completed within six (6) months from the date of such approval, unless otherwise indicated by the ACC or Board.

ARTICLE IV — RESTRICTIONS

Section 1. Residential Use Only. No lot shall be used except for residential purposes and only one residence may be constructed on each platted lot as recorded.

Section 2. Business Use. Notwithstanding Section 1 above, no trade or business may be conducted in or from any Lot, except that an Owner or occupant residing in a Lot may, as determined and approved in the sole discretion of the Board, conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (b) the business activity conforms to all zoning requirements for the Properties; (c) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents of the Properties; and (d) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties.

Section 3. Square Footage. The living area of the main structure, exclusive of one-story open porches and garage erected on any parcel or lot shall not be less than 2,000 square feet.

Section 4. Signs. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

Section 5. Outbuildings. No recreational vehicle, trailer, tent, shack, garage, barn or other outbuildings erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character by used as a residence.

Section 6. Trailers. Boats, boat trailers, campers, recreational vehicles, utility vehicles, utility Railers may be maintained on a lot, but only within an enclosed or screened area approved by the ACC such that they are not generally visible from the street or adjacent properties.

Section 7. Animals. No animals generally accepted as farm animals including, but not limited to, cattle, hogs, horses, and goats and no large reptiles shall be allowed on any lot.

Section 8. Quiet Enjoyment and Unsightly or Unkempt Conditions. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her Lot. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Properties other than from within an enclosed garage or the interior of a dwelling. No obnoxious or offensive trade or activity shall be carried on upon any Lot nor shall anything be done which shall be or become an annoyance or nuisance to anyone residing on neighboring Lots. The Board shall have the sole discretion to determine any violations of this Section

Section 9. Dumping. 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.

Section 10. Trees. No trees measuring 6 inches or more in diameter at a point two feet above the ground level may be removed without written permission of the Association, unless located within 10 feet of the building, within 10 feet of a building site, or within the right of ways of driveways and walkways. Exceptions are trees which must be removed because of an emergency or for trees which are dead, diseased or causing a threat to person or property. All wood and debris from tree removal shall be neatly disposed of and no stumps shall be visible. In the event of a violation of this provision, the lot owner shall, at his own expense, replace and replant with a like kind tree.

Section 11. Sewer-Disposal. No individual sewerage-disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of state and local public health authority. Approval of such systems as installed shall be obtained from such authority. Permanent structures shall not be built in, on or over any areas designated as a septic system drain field area or reserve drain field area for the lot.

Section 12. Mailboxes. Mailboxes shall be maintained in good working order and shall be free of rot, corrosion, peeling paint, damaged brick work, damaged stone work, or anything else which in the opinion of the Board of Directors contributes to an unsightly condition.

Section 13. Trash. All trash, garbage or other waste shall not be kept except in sanitary containers maintained in a neat and orderly fashion and stored in the rear of all lots. All trash collection for disposal shall take place in the rear of all lots. Trash containers, with the exception of recycling bins, may not be brought to the front curb for collection and disposal. Recycling bins shall be removed from the curb within 24 hours of them being emptied

Section 14. Cars For Sale. The placement of For Sale signs, or the like, on cars, boats, trailers or other vehicles shall be prohibited on any lot if such signs may be viewed from the street or adjacent property.

ARTICLE V — EXPANSION OF ASSOCIATION

Section 1. Potential Expansion. The lot owners subject to this Declaration understand and accept that the membership of the Association and the number of lots which may become subject to this Declaration include: i) the 55 other neighborhoods of the Salisbury Community, as more specifically described in Exhibit B attached hereto, and incorporated by reference herein; and ii) any residential property immediately contiguous to the property described in Exhibit B and more specifically described in Exhibit C attached hereto, and incorporated by reference herein.

Section 2. Supplemental Declaration. The other neighborhoods and real property, identified in Exhibits B. and C may become subject to this Declaration by the recordation of a Supplemental Declaration to this Declaration which has been approved in accordance with the existing Declaration of Restrictions applicable to such neighborhood or such property. A vote of the membership of the Association shall not be required for a Supplemental Declaration, as referenced herein, to be recorded rendering the applicable lots subject to the terms and conditions of this Declaration.

ARTICLE VI — ASSESSMENTS

Section 1. Creation and Purpose of Assessments. There are hereby created assessments for Association expenses as may from time to time specifically be authorized by the Board of Directors to be commenced at the time and in the manner set forth in Section 3 of this Article. Each Owner of a developed Lot, by acceptance of a deed or recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay these assessments. All assessments, together with interest, which may be charged at the discretion of the Board of Directors at a rate of eight percent (8%) per annum, late charges, costs, costs of collection and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made until paid. Each such assessment, together with interest, late charges, costs, costs of collection and reasonable attorney’s fees also shall be the personal obligation of the Person who was the Owner of such Lot at the time the assessment arose, and, in the event of a transfer of title, his or her grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors.

Section 2. Non-Payment and Remedies. The Board of Directors shall have the authority to initiate all legal remedies at its disposal in the event of a non-payment in assessments, including the ability to recover any interest, late fees, costs, costs of collection and attorney’s fees as contemplated by this Article.

Section 3. Computation of Assessment.

A) Initial Association Fiscal Year of Assessments. Notwithstanding any voluntary payments or contributions that may be made to the Association by lot owners, no lot owner shall have an obligation to pay assessments to the Association until such time as the Board of Directors has initiated the levying of assessments against lot owners for the initial Association fiscal year as set forth in this Section.

B) Determination of Initial Fiscal Year. The fiscal year of the Association shall be the calendar year. The initial Association fiscal year shall commence on January 1 of the year immediately following the year in which at least fifty-one percent (51%) of the neighborhoods identified in Exhibit B of this Declaration have been made subject to this Declaration through the recordation of the appropriate Supplemental Declaration in accordance with Article V.

C) Determination of Initial Assessment. Within thirty (30) days following the recordation of a Supplemental Declaration which subjects at least 51% of the neighborhoods identified in Exhibit B to this Declaration, the Board shall duly notice a special meeting of the Association. At such meeting the Board shall submit a proposed initial budget for the Association. The initial budget must be approved by a majority of the lot owners voting, in person or proxy, at the meeting in which a quorum is present.

If approved, the adopted initial budget shall serve as the basis for the assessment amount levied against each lot during the initial Association fiscal year.

D) Determination of Subsequent Assessments. For all fiscal years, other than the initial fiscal year, it shall be the duty of the Board, at least thirty (30) days before the beginning of each fiscal year to prepare and adopt a budget covering the estimated Common Expenses of the Association during the coming year.

The Assessments to be levied against each Lot for the coming year shall be set at a level which is reasonably expected to produce total income to the Association equal to the total budgeted expenses of the Association. However, the assessments may be increased annually, above the prior year for each lot, by ten percent ( 10%), at the discretion of the Board of Directors. If determined by the Board of Directors to be necessary, in order to meet the Association’s budgetary obligations, the assessment may be increased above the maximum annual assessment amount (which includes the annual 10% increase) by the vote, in person or by proxy, of a majority of the lot owners at a meeting of the Association called for such purpose in which a quorum is present.

Notwithstanding the foregoing, however, in the event the Board fails for any reason to determine the budget for any year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the immediately preceding year shall continue for the current year.

E) Quorum. Quorum for the purposes of this Article and all other votes of the Association’s membership, unless provided otherwise, is 15% of the Association’s membership voting in person or by proxy at a duly noticed meeting.

Section 4. Lien for Assessment. Upon recording of a notice of lien on any Lot, there shall exist a perfected lien for unpaid assessments prior and superior to all other liens, except (1) all taxes, bonds, assessments, and other levies which by law would be superior thereto, and (2) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value, unless otherwise provided for by the Virginia Property Owners’ Association Act, Section 55-508 et seq. of the Code of Virginia, 1950, as amended.

Section 5. Date of Commencement of Assessments. The obligation to pay the assessments provided for herein shall commence at closing upon conveyance of the Lot. The assessment obligation for the purchaser, as contemplated by this Section 5, for the year in which closing occurs, shall be prorated from the date of closing through the end of the Association’s current fiscal year, which is the calendar year.

ARTICLE VII — GENERAL PROVISIONS

Section 1. Term. The covenants and restrictions of this Declaration shall run with and bind the Properties, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any property subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods often (10) years.

Section 2. Amendment. This Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of lot owners representing at least sixty-six and two-thirds percent (66 2/3%) of the total votes in the Association. Any amendment to be effective must be recorded in the Clerk’s Office of the Circuit Court of Chesterfield County, Virginia If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority to consent and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any procedural challenge to any amendment to this Declaration must be filed in the Chesterfield County Circuit no later than one year from the date such amendment was recorded amongst the land records of Chesterfield County, Virginia.

Section 3. Indemnification. The Association shall indemnify every officer, director and committee member against any and all expenses, including counsel fees, reasonably incurred by or imposed upon such officer, director or committee member in connection with any action, suit or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director or committee member. The directors, officers and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith. The directors and officers shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any director, officer or committee member, or former director, officer or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and directors’ and officers’ liability insurance to fund this obligation, if such insurance is reasonably available.

Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

Section 5. Perpetuities. No portion of these covenants, conditions, restrictions or other provisions of this Declaration shall be deemed unlawful, void or voidable for violation of the rule against perpetuities.

Section 6. Compliance. Every Owner and occupant of any Lot shall comply with all lawful provisions of this Declaration, the Bylaws, and the rules and regulations of the Association. Failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the Association acting through its Board of Directors, or, in a proper case, by any aggrieved Lot Owner or Owners. In addition, the Association may avail itself of any and all remedies provided.

EXHIBIT A

All of the real property, including the lots, described in Salisbury, ( these descriptions are on a section by section basis ), as more fully shown on the plats by J.K. Timmons, Civil Engineer, dated and recorded in the Clerk’s Office of the Circuit Court of Chesterfield County, Virginia.

EXHIBIT B

All of the real property, including the lots, which are part of the 56 identified neighborhoods of the Salisbury Community, which are more specifically described in the applicable recorded Declarations of Restrictions, Declarations, Declarations of Covenants, Conditions and Restrictions and Plats set forth below, which are recorded with the Clerk’s Office of the Circuit Court of Chesterfield County, Virginia.

EXHIBIT C

Any residential real property immediately contiguous to the property described in Exhibits A and B of the Declaration herein.

* THIS DOCUMENT IS FOR USE AS A GENERAL GUIDE TO THE PROPOSED NEW COVENANTS AND RESTRICTIONS FOR SALISBURY, AND IS NOT COMPLETE. A COMPLETE DOCUMENT IS AVAILABLE FROM THE SALISBURY HOMEOWNERS’ ASSOCIATION FOR REVIEW.