Prepared by and return to: Tax Map # 076R1-03-00-00100
Chadwick, Washington, Moriarty, Additional Tax Map #’s on Exhibit A attached hereto.
Elmore & Bunn, P.C.
201 Concourse Boulevard
Suite 101
Glen Allen, Virginia 23059

CORRECTIVE AMENDMENT TO THE SECOND RESTATED AND AMENDED COURTYARD HOMES AT REDFIELDS DECLARATION OF COVENANTS

THIS CORRECTIVE AMENDMENT to the Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants is made this 6th. day of June, 2013 by COURTYARD AT REDFIELDS HOMEOWNERS’ ASSOCIATION, INC. (“Grantor” and “Grantee” for indexing purposes).

W I T N E S S E T H :

WHEREAS, the Courtyard Homes at Redfields Declaration of Covenants was recorded in the Clerk’s Office of the Circuit Court of Albemarle County (“Clerk’s Office”) on May 26, 1999 in Deed Book 1819, Pages 86, et seq. (“Courtyard Declaration”) to create the Courtyard Homes Owners Association, Inc. (“Association”);

WHEREAS, the First Amendment to Courtyard Homes at Redfields Declaration of Covenants was recorded in the Clerk’s Office on June 29, 1999 in Deed Book 1832, Pages 239, et seq. to terminate the Courtyard Home Owners Association, Inc. and to replace said Association with “Courtyard Homes, a division of the Redfields Community Association, Inc.;”

WHEREAS, the Second Amendment to Courtyard Homes at Redfields Declaration of Covenants was recorded in the Clerk’s Office on July 12, 2007 in Deed Book 3456, Pages 446, et seq. to remove certain maintenance, repair and replacement responsibilities for Courtyard Homes, a division of the Redfields Community Association, Inc.;

WHEREAS, the Restated and Amended Courtyard Homes at Redfields Declaration of Covenants was recorded in the Clerk’s Office on January 5, 2010 in Deed Book 3837, Pages 298, et seq., to establish, in part, the Courtyard At Redfields Homeowners’ Association, Inc.;

WHEREAS, the Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants was recorded in the Clerk’s Office on November 27, 2012 in Deed Book 4265, Pages 502, et seq. (“Second Restated Declaration”), due to the desire and intent of the Lot Owners in Courtyard Homes to restate and amend the Restated and Amended Courtyard Homes at Redfields;

WHEREAS, it is the good faith belief of the Board of Directors of the Association (“Board”) that the Second Restated Declaration contains a scrivener’s error because it was the intent of the Board, Lot Owners in Courtyard Homes, and the drafter of the instrument to only make the requirements of Article VI, Section 1(j)(ii) of the Second Restated Declaration, and not the entirety of Article VI, Section 1(j) of the Second Restated Declaration, enforceable against an Owner of a Lot which was being leased as of the effective date of the Second Restated Declaration;

WHEREAS, Section 55-515.2(F) of the Virginia Property Owner’s Association Act, Code of Virginia, (the “Act”) provides that the principal officer of the Association may unilaterally execute and record an amendment to correct a scrivener’s error in the Declaration with respect to an objectively verifiable fact, or amendment thereof, upon a vote of two-thirds of the members of the Board of Directors; and

NOW, THEREFORE, in accordance with Section 55-515.2(F) of the Act, the Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants is corrected so that the Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants is hereby amended as follows:

1. Article VI, Section 1(j)(ii) of the Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants shall be amended to read, in its entirety, as follows (changes in bold/underlined):

(ii) The percentage of Owner Occupied Lots subject to the Declaration must at all times be ninety percent (90%) or greater. No Lot Owner or Lot Owners may lease a Lot if: a) the percentage of Owner Occupied Lots is, at the time of the contemplated leasing, less than or equal to ninety percent (90%); or b) the leasing of the Lot will decrease the percentage of Owner Occupied Lots below ninety percent (90%) of the total number of Lots subject to the Declaration. Prior to leasing any Lot which is subject to the Declaration, Lot Owners shall obtain verification from the Board of Directors of the then-current percentage of Owner Occupied Lots subject to the Declaration. If at any time or for any reason the percentage of Owner Occupied Lots subject to the Declaration is equal to or below the minimum percentage established herein, then leasing of a Lot shall be prohibited; except that under certain extreme hardship situations the Board of Directors, in its discretion on a case by case basis, may give written permission to a Lot Owner to lease the Lot, even if in conflict with the minimum percentage established in this provision.

The Board of Directors shall adopt guidelines pertaining to the creation and monitoring of a waiting list of Owners, based on chronological application from the Lot Owners, who desire to lease or rent their Lot and are ineligible due to a conflict with the Owner Occupied minimum set forth herein.
The requirements of this Article VI, Section 1 (j)(ii) of the Declaration will only become enforceable against an Owner of a Lot which was being leased as of January 5, 2010 if: a) the Lot Owner conveys the Lot to another Lot Owner, or b) the Lot Owner occupies the Lot as his/her residence; after which, in either case, the future leasing of the Lot will be determined in accordance with the Owner Occupancy restrictions provided above. For the purposes of this provision, an Owner Occupied Lot shall be the following: a) a Lot which is occupied by at least one of the record owners of the Lot; b) a Lot owned by a trust if at least one of the named grantors or beneficiaries of that trust are the occupants of the Lot; c) a Lot owned by a corporation, LLC, or partnership if at least one of the officers, directors or partners of such entity are the occupants of the Lot. A Lot which is occupied by family members of the Lot Owner, but not by the Lot Owner him/herself, will not be considered Owner Occupied for the purposes of this section.

2. The effective date of this Corrective Amendment shall be the date of recordation.

3. Except as modified by this Corrective Amendment, all of the terms and provisions of the Second Restated Declaration are expressly ratified and confirmed and shall remain in full force and effect.

IN WITNESS WHEREOF, the Board of Directors has caused this Corrective Amendment to the Second Restated Declaration to be executed and recorded on behalf of Courtyard at Redfields Homeowners’ Association, Inc., pursuant to the required vote and approval by the Board of Directors of the Association.

COURTYARD AT REDFIELDS HOMEOWNERS’ ASSOCIATION, INC.,
a Virginia non-stock corporation.

By: /s/ Jerry L. Currier
President

By: /s/ Julia J. Fudala
Secretary

CERTIFICATE OF THE PRESIDENT OF
COURTYARD AT REDFIELDS HOMEOWNERS’ ASSOCIATION INC.

The President of Courtyard at Redfields Homeowners’ Association, Inc., hereby certifies that the above Corrective Amendment to the Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants was consented to and approved by a vote of at least two-thirds of the members of the Courtyard at Redfields Homeowners’ Association, Inc’s. Board of Directors at a duly noticed and convened meeting of the Board of Directors.

Attest:___________________________ By:__________________________
Secretary President

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________

On this ____ day of _________, 2013, before me, the undersigned notary public, personally appeared ______________________________________________, the President of Courtyard at Redfields Homeowners’ Association, Inc., a Virginia non-stock corporation, who is known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
___________________________________
Registration #:________________________ Notary Public
My commission expires: _______________

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________

On this ____ day of _________, 2013, before me, the undersigned notary public, personally appeared ______________________________________________, the Secretary of Courtyard at Redfields Homeowners’ Association, Inc., a Virginia non-stock corporation, who is known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

___________________________________
Registration #:______________________ Notary Public
My commission expires: __________________