Prepared by and return to: Tax Map # ____________________
Chadwick, Washington, Moriarty,
Elmore & Bunn, P.C.
201 Concourse Boulevard
Suite 101
Glen Allen, Virginia 23059

SECOND RESTATED AND AMENDED
COURTYARD HOMES AT REDFIELDS
DECLARATION OF COVENANTS

THIS SECOND RESTATED AND AMENDED COURTYARD HOMES AT REDFIELDS DECLARATION (“Declaration”) is made this 29th day of October, 2012, by COURTYARD AT REDFIELDS HOMEOWNERS’ ASSOCIATION, INC. (both “Grantor” and “Grantee” for indexing purposes);

RECITALS

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, additional Lots have been made subject to the Courtyard Declaration and to this Restated and Amended Courtyard Homes at Redfields Declaration of Covenants by the Supplemental Declaration to the Courtyard Homes at Redfields Declaration of Covenants, which was recorded in the Clerk’s Office on September 12, 2003 in Deed Book 2589, Pages 715, et seq. and by the agreement of the Lot Owners of those Lots;

WHEREAS, the property that is the subject of this Declaration was made part of the Redfields Subdivision, and therefore subject to the Declaration of Covenants and Restrictions of Redfields, which is recorded in the Clerk’s Office on February 21, 1991 in Deed Book 1140, Pages 707, et seq., by the Supplemental Declaration, Phase 3B, Redfields, which was recorded in the Clerk’s Office on March 2, 1999 in Deed Book 1793, Pages 430, et seq., the Supplemental Declaration, Phase 4, Redfields, which was recorded in the Clerk’s Office on February 21, 2001 in Deed Book 1993, Pages 248, et seq., and the Supplemental Declaration, Phase 4, Redfields, which was recorded in the Clerk’s Office on September 25, 2003 in Deed Book 2599, Pages 198, et seq.

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 Restated and Amended Courtyard Homes at Redfields Declaration of Covenants may be amended, pursuant to Article VII, Section 9 by an instrument signed by the President of the Association or such other qualified person or persons, after being approved by more than two-thirds (2/3) of the votes cast by Members who are voting in person or by proxy at a meeting duly called and noticed for this purpose;

WHEREAS, it is the desire and intent of the Lot Owners in Courtyard Homes to restate and amend the Restated and Amended Courtyard Homes at Redfields Declaration of Covenants so that this instrument, the Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants, supersedes the former and so that this instrument shall henceforth be referred to as the “Declaration;”

WHEREAS, the President of the Courtyard At Redfields Homeowners Association, Inc. has signed this instrument, which has been approved by more than two-thirds (2/3) of the votes cast by Members who were voting in person or by proxy at a meeting of the Association held on October 29, 2012;

NOW THEREFORE, the above referenced Grantors and Grantees hereby declare that all of the property located in Courtyard Homes At Redfields, specifically: (a) lots 1 through 35, as shown on the plat prepared by Kirk Hughes & Associates, dated July 1, 1998, entitled “Redfields ‘A Planned Residential Community’ Phase 3-B,” which plat was recorded in the Clerk’s Office in Deed Book 1819, Pages 74, et seq.; (b) lots 63-81 and 114-118 as shown on that plat prepared by Kirk Hughes & Associates, dated June 24, 2002 and revised February 3, 2003, entitled “Subdivision Plat Redfields ‘A Planned Residential Community Phase 4-B,” a copy of which is recorded it the Clerk’s Office in Deed Book 2456, Pages 743, et seq.; (c) lots 17 through 62, as shown on the plat prepared by Kirk Hughes & Associates, dated October 24, 2001, entitled “Redfields ‘A Planned Residential Community’ Phase 4-A,” a copy of which is recorded in the Clerk’s Office in Deed Book 2126, Pages 72, et seq. to the extent that the Owner of the Lot at the time that this Restated and Amended Declaration was recorded has indicated his or her approval; and (d) any property that is subjected to this Declaration at any point in the future by Supplemental Declaration or other recorded instrument, and that, by common appearance and location, appears to be a part of the Courtyard Homes At Redfields community (“Property”) shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the following covenants, conditions, restrictions, easements, charges, assessments, affirmative obligations, and liens hereinafter set forth.

ARTICLE I – DEFINITIONS

The following words and terms, when used in this Declaration or any supplemental declaration (unless the content shall clearly indicate otherwise) shall have the following meanings:

1. “Articles of Incorporation” shall mean and refer to the Articles of Incorporation for Courtyard At Redfields Homeowners’ Association, Inc. that are on file with the Virginia State Corporation Commission and reflect a Certificate of Incorporation on January 5, 2010, as amended or restated.,

2. “Association” shall mean and refer to Courtyard At Redfields Homeowners’ Association, Inc., a Virginia non-stock corporation, its successors and assigns.

3. “Board of Directors” or “Board” shall mean and refer to the elected body of the Association and its executive organ having its normal meaning under Virginia corporate law, or otherwise determined by the Articles of Incorporation, Declaration or Bylaws.

4. “Bylaws” shall mean and refer to the Bylaws of Courtyard At Redfields Homeowners’ Association, Inc., if any.

5. “Community-Wide Standard” shall mean the standard of conduct, maintenance, or other activity generally prevailing and unique to the neighborhood area throughout the Property. Such standard may be more specifically determined by the Board of Directors.

6. “Courtyard Homes” shall mean and refer to the Property subject to this Declaration.

7. “Courtyard Homes Architectural Review Board” shall mean and refer to any committee appointed by the Board of Directors of the Association to have jurisdiction over any additions, alterations or modifications to the Property, as more fully described in Article VI, Section 2 of this Declaration.

8. “Courtyard Homes Common Area” shall mean and refer to all real property in Courtyard Homes at Redfields that is, now or at any point in the future, owned or leased by the Association or that is the obligation of the Association to maintain pursuant to this Declaration or any other recorded instrument. Courtyard Homes Common Area shall include the curbside plantings and specimen trees planted as part of the original Courtyard Homes landscape scheme that are maintained by the Association and that run alongside the roads in Courtyard Homes At Redfields.

9. “Declaration” shall mean and refer to the covenants, conditions, and restrictions, easements, reservations, liens and charges and all other provisions herein set forth in this entire document, as the same may from time to time be amended or supplemented.

10. “Lot” shall mean and refer to the plots of land designated as a Lot on the plats of the Property that are described in Section 13 of this Article I.

11. “Member” shall mean and refer to all those Owners who are Members of the Association as defined in Article II, Section 2 of the Declaration.

12. “Owner” shall mean and refer to the record owners, whether one or more persons or entities, of fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Owner shall not mean the mortgagee, unless such mortgagee acquires the property by foreclosure.

13. “Property” shall mean and refer to all of the property located in Courtyard Homes At Redfields, specifically:

(a) Lots 1 through 35, as shown on the plat prepared by Kirk Hughes & Associates, dated July 1, 1998, entitled “Redfields ‘A Planned Residential Community’ Phase 3-B,” which plat was recorded in the Clerk’s Office in Deed Book 1819, Pages 74, et seq.;

(b) Lots 63-81 and 114-118 as shown on that plat prepared by Kirk Hughes & Associates, dated June 24, 2002 and revised February 3, 2003, entitled “Subdivision Plat Redfields ‘A Planned Residential Community Phase 4-B,” a copy of which is recorded in the Clerk’s Office in Deed Book 2456, Pages 743, et seq.;

(c) Lots 17 through 62, as shown on the plat prepared by Kirk Hughes & Associates, dated October 24, 2001, entitled “Redfields ‘A Planned Residential Community’ Phase 4-A,” a copy of which is recorded in the Clerk’s Office in Deed Book 2126, Pages 72, et seq. if the Owner of the lot at the time that this Restated and Amended Declaration was recorded has indicated his or her approval; and

(d) Any property that is subjected to this Declaration at any point in the future by Supplemental Declaration and that, by common appearance and location, is obviously a part of the Courtyard Homes At Redfields community, including any portion of the property described in Section 11(c) whose Owner later agrees in a written instrument to be bound by this Declaration.

All of the property described in this Article I, Section 13 may be designated “Courtyard Homes at Redfields.”

14. “Redfields Architectural Committee” shall mean and refer to the committee appointed by the Redfields Community Association, Inc. to have jurisdiction over any additions, alterations or modifications to the property that is subject to the Redfields Declaration.

15. “Redfields Common Area” shall mean and refer to all real property that is owned, leased or maintained by Redfields Community Association. Redfields Common Area includes portions of the Property that are located in Courtyard Homes At Redfields and that are owned and/or maintained by the Redfields Community Association, as well as common area property located in Redfields that is maintained by the Redfields Community Association.

16. “Redfields Community Association” shall also be referred to as “Redfields Association” and shall mean the community association created by the Redfields Declaration. All members of the Courtyards At Redfields Homeowners’ Association, Inc. shall also be members of the Redfields Association.

17. “Redfields Declaration” shall mean the Declaration of Covenants and Restrictions of Redfields, dated February 21, 1991, of record in the Clerk’s Office in Deed Book 1140, Pages 707, et seq., as amended or restated.

18. “Redfields Development Corporation” shall also be referred to as “RDC” and shall mean the Declarant of Courtyard Homes at Redfields.

19. “Zero Lot Line” shall mean the one side boundary line of a Lot on which a dwelling unit or structure may be located less than six (6) feet (and as little as zero feet) from such boundary line, provided the conditions set forth in the notes on the plats referenced in Article I, Section 13 of this Declaration are met. There shall be no more than one Zero Lot Line for any one Lot. There shall be a minimum width between dwelling units on adjacent Lots of six (6) feet which shall be kept clear of all structures, with the exception of fences as set forth in Article III herein.

ARTICLE II – ASSOCIATION

1. Duties. The Courtyard At Redfields Homeowners’ Association, Inc. shall be charged with the powers of collecting and disbursing the assessments and charges hereinafter created, undertaking certain maintenance responsibilities for the individual Lots and improvements therein as set forth in Article V and promoting the health, safety, common good and general welfare of the residents of Courtyard Homes At Redfields.

2. Membership. Every Owner of a Lot shall be a member of the Association. Ownership of such Lot shall be the sole qualification for membership. In the case of a Lot which is leased, the Owner shall remain liable for any assessments and/or dues, regardless of any agreement between Owner and Tenant.

3. Voting rights. The Association shall have one class of membership.

Class A – Class A Members shall be all Owners of Lots. Class A Members shall be entitled to one (1) vote for each Lot owned by said Class A Member. In the event of multiple ownership of a Lot, all such Owners shall be members, but they shall still be entitled to only one (1) vote per lot.

4. Board of Directors. The Board of Directors of the Association shall be elected by the Members as set forth in the By-laws of the Association.

5. Powers and Duties of the Board of Directors. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and take any such action on behalf of the Association except that required to be exercised or done by the Members of the Association.

6. Powers and Duties of the Association. In addition to the powers and duties of the Association set forth in the Declaration, such powers and duties may also be set forth in the Articles of Incorporation and the By-laws of the Association, as the same may be amended from time to time.

7. Quorum. The quorum required for any action which is subject to the vote of the Members at meetings of the Association shall be as follows:

(a) When a meeting of the Members of the Association is called to vote on (i) an increase in the Maintenance Assessments greater than provided for in Article IV, Section 4 hereof; or (ii) a Special Assessment as provided for by Article IV, Section 5 hereof, the presence at the meeting of the Members or proxies entitled to cast at least 30% of the total votes of the Membership required for such action shall constitute a quorum.

(b) When a meeting of the Members of the Association is called to vote on any actions other than that described in subparagraph (a) above, the presence at the meeting of the Members or proxies entitled to cast 15% of the total vote of the Membership required for such action shall constitute a quorum.

(c) If the required quorum is not present at any meeting described in subparagraph (a) or (b) above, with the exception of any meeting called to vote on the termination of this Declaration, another meeting or meetings may be called subject to the giving of proper notice and the required quorum at each subsequent meeting or meetings shall be one-half of the required quorum at the preceding meeting.

(d) A vote by the membership on an amendment to the Declaration or termination of the Declaration, as provided for in Article VII, Section 9 or 10, is not subject to the quorum requirements of this Article and requires the affirmative vote of the Owners representing at least two-thirds (2/3rds) of the Lots subject to this Declaration.

8. Proxies. All Members of the Association may vote and transact business at any meeting of the Association by written proxy.

ARTICLE III – EASEMENTS

1. Redfields Easements. RDC reserves unto itself, its successors and assigns, such easements as are reserved in Article III of the Redfields Declaration of Covenants and Restrictions.

2. Courtyard Homes Construction and Maintenance Easement. RDC reserves unto itself, its successors and assigns, a perpetual and alienable non-exclusive construction and maintenance easement (which may be granted, revised or relocated by RDC in its sole discretion) on each Lot (for the benefit of the adjacent Lot) up to a maximum of six (6) feet in width from the adjacent Lot’s Zero Lot Line, the exact width of said easement being determined by reducing the maximum easement width aforesaid by the distance between: (i) the closest point of the exterior wall of the structure on the adjacent Lot to its Zero Lot Line and (ii) the Zero Lot Line. (For example, if the structure on Lot “X” is built so that the point on its exterior wall closest to its Zero Lot Line is 2’ 4” from said line, then Lot “X” shall have a 3’ 8” construction and maintenance easement on the adjacent Lot “Y”).

The purpose of said easement is to construct, maintain (including staining and painting), inspect, replace, repair and protect the structure (including fencing running generally perpendicular and parallel to the Zero Lot Line) on such Lot and to plant, replant, and maintain landscaping on the Easement Lot. There shall be a minimum width between dwelling units on adjacent Lots of at least six (6) feet which shall be kept clear of all structures, except fences. Any physical damage to the Lot resulting from the use of the easements hereby reserved shall be promptly repaired at the expense of the party causing such damage.

3. Courtyard Homes Footing/Overhang Easement. Roofs (including, but not limited to soffits and gutters) may overhang and penetrate the easements described in Section 2 above a maximum of 24 inches and may overhang the Lot’s Zero Lot Line a maximum of 24 inches, but the overhanging roof shall be designed with standard gutters, such that water runoff from the dwelling with a roof overhanging or penetrating the Zero Lot Line is directed to standard downspouts on the front and back of the dwelling. Building footings may extend into and penetrate the easements described in Section 2 above a maximum of 8 inches and may encroach or extend over the Lot’s Zero Lot Line a maximum of 8 inches. The areas of roof overhang and footing encroachments in compliance with this section shall be deemed to be “Footing/Overhand Easements” for the benefit of the structure projecting or encroaching over the Zero Lot Line.

4. Courtyard Homes Landscape Easement. RDC reserves unto itself, its successors and assigns, a perpetual and alienable landscape easement (which may be granted, revised or relocated in Redfield’s sole discretion) on each Lot (for the benefit of the adjacent Lot) to permit planting, replanting, mulching, and maintaining plants, flowers and shrubbery in the area between the Lot’s Zero Lot Line and a line extending to the area between the Lot’s Zero Lot Line and a line extending to the front and rear Lot lines parallel to the Zero Lot Line from the plane of the exterior wall nearest to the Zero Lot Line of the building on said Lot, provided that said easement shall be no wider than six (6) feet.

ARTICLE IV – COVENANT FOR COURTYARD HOMES ASSESSMENTS

1. Mandatory Membership of Two Associations. All Lots are subject to this Declaration and the Redfields Declaration of Covenants and Restrictions. As a result, all Owners of Lots are mandatory members of Courtyard At Redfields Homeowners’ Association, Inc. and Redfields Homeowners’ Association, Inc. This Declaration requires payment of annual Maintenance Assessments to the Courtyard At Redfields Homeowners’ Association, Inc. primarily for maintenance of Lots and improvements thereon and Courtyard Homes Common Area. Lot Owners also have the obligation to pay assessments levied by the Redfields Homeowners’ Association, Inc., primarily for maintenance of the Common Area and Recreational Facilities.

2. Creation of the Lien and Personal Obligation of Assessments. RDC, for each Lot owned or to be created within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges to be collected as frequently as on a monthly basis (herein “Maintenance Assessments”) and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided (herein, “Special Assessments”) both of which are sometimes collectively referred to as “Assessments” or “Assessment.”

Assessments, together with such interest thereon and costs of collections thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made in the manner as hereinafter provided, and subject to certain prior liens upon the Property as hereinafter provided in Section 9 of this Article. Each Assessment, together with such interest, costs and reasonable attorney’s fees, shall also be the joint and several personal obligation of each of the Owner(s) of such property assessed at the time when the Assessment fell due. The personal obligation shall not pass to such Owner’s successors in title unless expressly assumed by them in writing or unless a Notice of Lien is recorded as set forth in Section 8 hereof.

3. Purpose of Assessments. Maintenance Assessments levied by the Association shall be used for undertaking certain maintenance responsibilities for the individual Lots and certain functions as set forth herein in Article V, Sections 2, 3 and 4, which includes those items set forth in the Chart of Maintenance Responsibilities, and promoting the health, safety, common good and general welfare of the residents of Courtyard Homes. Maintenance Assessments shall also be used for establishing reasonable reserves for maintenance, capital and contingency expenditures.

4. Maximum Increase in Maintenance Assessments.

(a) Owners shall commence paying assessments for Lots on the first day of the month following conveyance of the first Lot by RDC or at such later time as determined by Redfields. Maintenance Assessments may be increased above the prior year’s Maintenance Assessment by up to ten percent (10%) per year effective January 1 of each year without a vote of the Members, by the Board of Directors, after due consideration of current costs and needs of the Association.

(b) Any increase in the Maintenance Assessment approved by the Board of Directors in excess of the ten percent (10%) increase described in Section 4(a) above must also be approved by a favorable vote of two-thirds (2/3) of the votes cast by Members who are voting in person or by proxy at a meeting duly called for this purpose.

(c) Maintenance Assessments may be billed annually, quarterly or monthly, or on such other basis as may be determined by the Board of Directors. The billing schedule shall be the same for all properties, however. All Assessment bills shall be due and payable no later than 15 days from the date of mailing of same, as determined by the Board of Directors.

(d) The Board of Directors may authorize a billing agent to collect the Assessments provided for herein.

5. Special Assessments. The Association may levy in any assessment year, a Special Assessment applicable to that year only for all Lots only, for the purpose of defraying, in whole or in part, (i) an unexpected or unusually large expense or anticipated expense; (ii) the cost of any construction or reconstruction; (iii) the cost of necessary fixtures, equipment and personal property to offer the services authorized herein; (iv) the cost of repayment of any loan made to the Association to enable it to perform the services authorized herein; or (v) for any other reason found by the Board of Directors to be in the best interests of the Association.

Any Special Assessment must be approved by a favorable vote of two-thirds (2/3) of the votes cast by Members who are voting in person or by proxy at a meeting duly called for this purpose. The Association shall provide notice to each Lot Owner of the Special Assessment and the date or dates upon which it shall be due and payable.

This provision shall be interpreted to mean that the Association may make in any one year an annual Maintenance Assessment up to the maximum set forth above, plus an additional Special Assessment. Such Special Assessment in any one year shall not exceed the amount of the Maximum Annual Assessment for such year, except for emergency or repairs required as a result of a storm, fire, natural disaster or other casualty loss.

6. Uniform Rate of Assessment. Both annual Maintenance and Special Assessments must be fixed at a uniform rate for all Improved Lots and at a separate uniform rate for all Lots which are not improved (not to exceed one-tenth of that for Improved Lots).

7. Date of Commencement of Maintenance Assessments; Due Dates. The Maintenance Assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of a Lot to an Owner. The first annual Maintenance Assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the Maintenance Assessment for each Lot by January 31 of each annual Assessment period. Written notice of the Assessment shall be sent to every Owner subject thereto. The annual Maintenance Assessment shall be prorated where the Lot is sold between the annual January 1 reassessment dates.

The Association shall, upon written request by an Owner at any time, furnish a certificate in writing signed by an officer or billing agent of the Association setting forth whether the Assessments on that Owner’s Lot have been paid. A reasonable charge set by the Board of Directors may be made by the Association for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid.

8. Effect of Nonpayment of Assessment; Remedies of the Association. Any Assessments (or periodic installments thereof) which are not paid on or before the due date shall be delinquent and shall (together with interest thereon at 6% per year and costs of collection thereof, including a reasonable attorney’s fee as herein provided) become a charge and a continuing lien on the Lot against which each such Assessment is made.

If the Assessment is not paid within fifteen (15) days after the due date, the Association may bring an action at law against the Owner(s) personally and there shall be added to the amount of such Assessment the costs of preparing and filing the Complaint and a reasonable attorney’s fee and in the event a judgment is obtained, such judgment shall include interest on the Assessment as above provided and a reasonable attorney’s fee, together with the costs of the action.

The Association may also bring a suit in equity to foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of Association provided services or maintenance or abandonment of his or her Lot.

Any payment that is received by legal counsel or the Association and which does not pay the Lot Owner’s account balance with the Association in full, shall be credited first to the oldest debt in each category described below until each category is paid in full, in the following order:

1) Charges for the actual costs and reasonable attorney’s fees incurred by the Association subsequent to the delinquent account being turned over to legal counsel for the prosecution of an action to enforce payment of the debt, regardless of the results of litigation or whether litigation has been initiated against the delinquent Lot Owner;

2) all returned check charges;

3) all late fees, if any;

4) interest;

5) unpaid installments of the annual Assessments or special Assessments which are not the subject matter of suit in the order of their coming due; and

6) unpaid installments of the annual Assessment or special Assessments which are the subject matter of suit in the order of their coming due.

9. Lien for Payment of Assessments and Subordination of Lien to First and Second Mortgages. There shall be a continuing lien upon each of the Lots herein, in order to secure the payment of the Assessments (including interest, costs of collection and reasonable attorney’s fees) provided under this Declaration, but such lien shall be subject to and subordinate to any first and second deeds of trust placed on the Lot at any time prior to the perfection of the lien by filing in the Clerk’s Office for the Circuit Court of the County of Albemarle a verified Memorandum of Lien in accordance with §55-516 of the Code of Virginia. Prior to filing a Memorandum of Lien, ten (10) days written notice of the Association’s intent to file such a Memorandum shall be given to the Owner by certified mail at his last known address. The Association may thereafter perfect it’s lien by filing a Memorandum of Lien in the Clerk’s Office aforesaid prior to the expiration of twelve (12) months from the time the delinquent Assessments became due and payable. After the lien is perfected, it shall have priority over all subsequent liens and encumbrances except as set forth in §55-516 of the Code of Virginia. No suit to enforce any lien shall be brought after thirty-six (36) months from the time when the Memorandum of Lien was recorded as set forth in §55-516(E). A statement from the Association showing the balance due on any Assessment shall be prima facie proof of the current Assessment balance due and delinquency, if any, due on a particular Lot.

10. Exempt Property. The following property subject to this Declaration shall be deemed Exempt Property and shall be exempt from the Assessments, charges and liens created herein: all property designated in any way as Common Area or shown on recorded plats as “Open Space” except that the location of the Common Area curbside plantings on the Lots shall not in any way exempt the Lots on which those curbside plantings are located from assessments.

11. Annual Statements. The President, Treasurer or such other officer as may have custody of the funds of the Association shall annually prepare and execute a general itemized statement showing the actual assets and liabilities of the Association as of the close of such fiscal year and a statement of revenues, costs and expenses. Such officer shall furnish to each Member of the Association who may make a request therefor in writing a copy of such statement within a reasonable time.

12. Annual Budget. Prior to the coming fiscal year, the Board of Directors shall prepare and make available to any Member, upon written request, a budget outlining the anticipated receipts and expenses for the following fiscal year. The financial books of the Association shall be available for inspection by all Members at all reasonable times.

13. Assessment of Charges. The Board of Directors has the authority to adopt reasonable rules and regulations as may be permitted by, and so as to comply with, applicable statute, including a rule permitting the Association to levy and assess any violation or other charges established by the Virginia Property Owners’ Association Act or any other applicable statute.

ARTICLE V – FUNCTIONS OF THE ASSOCIATION

1. Ownership and Maintenance of Property. Although it is intended that the Redfields Community Association shall own and maintain most of the common area in the Property, the Association shall also be authorized to own, lease and/or maintain common areas and the equipment, furnishings and improvements devoted to, but not limited to, the following uses:

(a) Landscaped entrances, entrance easements, entrance signs, and street, section and directional signs throughout the Property;

(b) Providing any of the services the Association is authorized to offer;

(c) Other purposes set out in deeds by which common areas are conveyed to the Association, provided that such purposes shall be approved by the Members of the Association.

2. Minimum List of Functions and Services. The following list shall establish and define the minimum level of functions and services which the Association must furnish to its Members. The minimum list of functions and services the Association is to provide is as follows:

(a) Provide or procure the administrative services necessary to carry out the Association’s obligations and business under the terms of this Declaration, the Articles of Incorporation and the By-laws, including, but not limited to, legal, accounting, financial and communications services.

(b) Administer and enforce the covenants and restrictions established in this Declaration and subsequent Declarations, including, but not limited to, the following: (i) Setting, levying and collecting Assessments and notifying the Members of such Assessments; (ii) Preparing accurate indexes of Members; (iii) Maintaining and operating all Courtyard Homes Common Areas; (iv) Holding annual meetings and special meetings as required, including elections for Board of Directors as required and giving proper notice; (v) Preparing Annual Statements and Annual budgets and making financial books of the Association available for inspection by the members at reasonable times.

(c) Maintain and annually review insurance coverage including, at a minimum, public liability insurance in a minimum amount of at least $1 million to cover the Association, and the Owners as a group; a blanket fidelity bond or employee dishonesty insurance policy that meets the requirements of Va. Code §55-514.2(B); and any other insurance coverage required by law. All insurance policies purchased by the Association shall be for the benefit of the Association, the Owners and their mortgagees as their security interests may appear. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner covenants and agrees to carry blanket “all-risk” property insurance on his or her Lot(s) and structures constructed thereon. The face amount of such coverage shall be sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any insured hazard.

(d) Provide appropriate directors’ and officers’ legal liability insurance and indemnify persons pursuant to the provisions of the Articles of Incorporation and By-laws.

(e) If RDC assigned to the Association any of the rights reserved to it in any of the covenants and restrictions of record, including the enforcement thereof, the Association shall assume such responsibility and any obligations which are incident thereto.

(f) Attempt to establish and maintain reasonable reserves to accomplish all of the above, including a contingency reserve fund.

(g) The Association shall also maintain and post governmental required maintenance bonds, if any, for directional and street signs and pathways installed by RDC or the Association, and shall execute and maintain in effect such maintenance bonds as may be required by governmental agencies and in furtherance thereof, the Association shall comply with all provisions of and undertake all maintenance responsibilities pursuant to any Albemarle County Road Sign Maintenance Agreement or Albemarle County Pedestrian Pathways Maintenance Agreement signed by RDC.

3. Authorized Services. In addition to the minimum list of functions and services set forth above, the Association shall be authorized, but not required, to provide the following services:

(a) Such services necessary or desirable in the judgment of the Board of Directors of the Association to carry out the Association’s obligations and business under the terms of this Declaration.

(b) Administrative services including, but not limited to, legal, accounting, financial and communications services (including but not limited to, community newsletters and newspapers) to inform Members of activities, notice of meetings and referenda and other issues and events of community interest.

4. Maintenance, Repair and Replacement of Property.

(a) The Association shall be responsible for the maintenance, repair and replacement of all portions of the Property that are not part of the roads, Redfields common area property or the Lots.

(b) The Association’s responsibilities and the costs attributable thereto for any maintenance, repair and replacement on the Lots shall be determined by the Chart of Maintenance Responsibilities (hereafter, “Chart”) developed and adopted by the Board. The Chart may be unilaterally created and amended by the Board of Directors to reflect the maintenance, repair and replacement obligations of the Association and the Lot Owners so long as it is consistent with the Declaration and Bylaws for the Association. The current Chart shall be provided with any resale disclosure packet issued by the Association as required by law. Following any changes to the Chart by the Board and upon receipt of a written petition signed by the Owners of at least fifteen percent (15%) of the total Lots in the Subdivision, the Board shall call a meeting of the membership for the purposes of voting on the changes to the Chart, with a majority of the votes cast in person or by proxy at the meeting in which a quorum is achieved being required for the changes to the Chart to go into effect.

(c) Unless indicated on the Chart as being the responsibility of the Association, the responsibility for any and all maintenance, repair and replacement of any portion of the Lot shall be borne by the Lot Owner.

ARTICLE VI – USE RESTRICTIONS

1. Limitation on Use of Lots. The Property shall be used for residential purposes only and shall be occupied and used in accordance with the “Use Restrictions” set forth below and with those in Article IV and Article V of the Redfields Declaration of Covenants and Restrictions:

(a) Courtyard and Partition Fences. Fencing (and replacement thereof in the same location) initially installed on Lots or adjacent easement areas by RDC or the initial home builder during the construction of the dwelling on the Lot is expressly permitted without Courtyard Homes Architectural Review Board or Redfields Architectural Review Board approval in the following locations: (i) near the front, but extending from the sides of and between dwellings generally parallel to the facing street to enclose and screen the Lot courtyard and (ii) at the rear of the dwelling running in a direction generally parallel to the Zero Lot Line located no closer to said Zero Lot Line than a line extending to the rear Lot line from the plane of the exterior wall nearest the Zero Lot Line on said Lot. Fences at the rear of dwellings running generally parallel to the Zero Lot Line shall not be located closer to the Zero Lot Line of said Lot than permitted in (ii) above. Unless expressly approved by the Courtyard Homes Architectural Review Board and the Redfields Architectural Review Board, extensions or replacements of fencing initially installed on the Lot by the home builder shall be similar in design, color, material and construction to such initial fencing. This provision amends Article IV, Section 1 of the Redfields Declaration of Covenants and Restrictions.

(b) Mailboxes and Community Posts. Mailboxes and newspaper boxes in Courtyard Homes shall be placed on community mailbox posts installed by RDC or the initial builder of homes on the Lots, such that there is one mailbox post for every two Lots, unless otherwise approved by the Courtyard Homes Architectural Review Board. In all other respects, including the approval of mailbox design, the provisions of the Redfields Declaration of Covenants and Restrictions in Article IV, Section 9 shall apply. The installation of a mailbox or community post, or any modification, repair or replacement that changes the appearance, including the design, material and color of an existing mailbox or community post, is the responsibility of, and can only be performed by, the Association.

(c) Vehicles and Parking. Vehicles of any kind or description which do not have a current license and a valid inspection sticker shall not be kept or maintained on any Lot (except in garages), on the streets or in the right-of-ways located in Courtyard Homes, or on the Courtyard Homes or Redfields Common Area. The maximum number of vehicles which may be maintained or stored on any Lot (including those stored in garages) shall be three (3). Vehicles should not be parked on the streets or in the right-of-ways within Courtyard Homes At Redfields. Vehicles shall not be parked on any street in a manner that impedes the reasonable ingress and egress to and from a driveway by any other Lot Owner. The regular and repeated parking of recreational vehicles, campers, boats, trailers of any kind and large commercial vehicles is prohibited on the streets and on any Lot unless completely enclosed within a closed garage

(d) Garbage Pick-up. Courtyard Homes Owners shall comply with the provisions of the Redfields Declaration of Covenants and Restrictions in Article V, Section 4 regarding garbage pick-up and storage of trash containers. Trash containers and recycling bins shall be stored in garages or concealed by approved screening and shall be placed at the street curb no earlier than 6:00 p.m. on the evening prior to the day of pick-up and shall be removed from the curb no later than 7:00 p.m. on the day of pick-up, unless such times are determined otherwise by the Board of Directors.

(e) Open Garage Doors. Garage doors shall only be kept open for reasonable use and periods of minimum duration so as to further enhance the aesthetic benefits related to them being in the closed position. The Association reserves the right to adopt a specific use restriction limiting the duration when garage doors on the Lots may be left open.

(f) Drainage. While it is likely that surface water from one Lot shall drain onto another, no Owner shall interfere unreasonably with the drainage of surface water onto his or her Lot to the detriment of any other Lot. All Owners shall comply with the provisions of Article III, Section 3 with respect to drainage from Zero Lot Lines.

(g) Exterior Appearance. The provisions of the Redfields Declaration of Covenants and Restrictions apply, except that the Association has undertaken certain exterior maintenance responsibilities set forth herein.

(h) Decks. All decks on the Lots shall have white railing and band boards, unless otherwise specifically permitted by the Architectural Review Board.

(i) Antennas, Satellite Dishes. Exterior and roof antennas should be located on the rear of a Lot and in a location that is not visible from the street unless a different location is necessary to get a television reception. Small (1 meter in diameter and smaller) satellite dishes are allowed, provided they are not mounted on the front side (closest to the street) or the side closest to the Zero Lot Line unless such location is necessary to get a reception.

(j) Leasing.

(i) Except as set forth below, no Lot or portion thereof shall be rented for transient or hotel purposes or for any period less than twelve (12) months in duration without the prior written approval of the Board of Directors, which approval the Board of Directors shall not be obligated to give. No Lot Owner shall lease a Lot other than on a written form of lease (i) requiring the lessee to comply with the Declaration, Articles of Incorporation, Bylaws and such Association Rules and Regulations as are promulgated by the Board of Directors from time to time, including the Board’s Lease Verification process, which shall include the requirement for all lessees of a Lot to verify in writing to the Board of Directors that they have read, and agree to comply with, the Declaration, Articles of Incorporation, Bylaws and Rules and Regulations of the Association, as amended; (ii) providing that failure to so comply constitutes a default under the lease; and (iii) providing that the Board of Directors shall have the power to terminate the lease or bring summary proceedings to evict the lessee in the name of the Lot Owner upon any such default which is not cured by either the lessee or the Lot Owner within thirty (30) days after the delivery of written notice of such default to each of them. The Board of Directors may require that Lot Owners use a standard form lease. Each Lot Owner shall, promptly following the execution of a lease of a Lot, forward a copy thereof to the Board of Directors certified by the Lot Owner as being true, correct and complete. The provisions of this Section shall not apply to any Mortgagee who comes into possession of a Lot as a result of foreclosure or judicial sale, or any proceeding, arrangement or deed in lieu of foreclosure.

(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.

This provision shall not operate to prohibit a Lot Owner who is leasing his/her Lot as of the effective date of this Amendment from continuing to lease that Lot. The requirements of this Article VI, Section 1(j) of the Declaration will only become enforceable against an Owner of a Lot which was being leased as of the effective date of this Amendment 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.

(k) Business Use.

Except for annual or semi-annual community-wide yard sales, no garage sale, moving sale, rummage sale or similar activity may be conducted in or from any Lot.

An Owner or resident may conduct business activities within a Lot subject to strict compliance with the following: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (ii) the business activity conforms to all zoning requirements for the Property; (iii) visitation of the Lot by any clients, customers, suppliers or other business invitees shall be consistent in frequency and duration with the residential characteristics of the Property and in the Redfields subdivision, as may be determined in the sole discretion of the Board and does not involve the door-to-door solicitation of residents of the Property; and (iv) the business activity is consistent with the residential character of the Courtyard subdivision and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the sole discretion of the Board.

(l) Quiet Enjoyment.

No noxious, illegal, or offensive activity shall be carried on upon any portion of the Property, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Property.

(m) Unsightly or Unkempt Conditions.

Owner shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her Lot, as determined by the Board of Directors. The pursuit of hobbies or other activities, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Property. For the purposes of this provision, the Board of Directors may adopt reasonable rules and regulations pertaining to the prohibition of items on the exterior of a Lot.

(n). Animals and Pets. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any portion of the Property, except that dogs, cats, or other usual and common household pets may be permitted in a Lot. All pet animals must be secured by a leash or lead and under the control of a responsible person and obedient to that person’s command at any time they are permitted outside a residence on the Lot property or Common Area. Each Owner shall be absolutely liable to each and all remaining Owners, their families, guests, permittees and invitees and to the Association for any and all damage to person or property caused by any such pet brought upon or kept on the Property by such Owner or by his family, guests, permittees, or invitees. Each Owner keeping pets on his or her Lot will comply with all requirements of law applicable to such animal. The Board of Directors shall have the power to adopt, publish, amend and enforce rules and regulations governing the keeping of pets by members of the Association and their families and guests and to establish penalties for the infraction thereof.

2. Architectural Review.

(a) Approval Required. No structure, including any outbuilding, shed accessory building or storage tank, shall be placed, erected or installed upon any Lot, no construction (which term within its definition shall include staking, clearing, excavation, grading and other site work), no exterior alteration or modification of existing improvements, and no plantings or removal of plants, trees, or shrubs shall take place except in strict compliance with this Article VI, Section 2 until the approval of the Courtyard Homes Architectural Review Board has been obtained.

(b) Architectural Review Board. The Board of Directors may establish an Architectural Review Board to consist of at least three (3) and not more than five (5) persons, all of whom shall be appointed by, and shall serve at the direction of the Board of Directors. The Courtyard Homes Architectural Review Board, if established, may develop Architectural Review Standards so long as any such Standards are consistent with the Declaration and the Bylaws, and shall have exclusive jurisdiction, subject to any necessary approval by the Redfields Architectural Review Board and to any appeal to the Board of Directors permitted by the Design Guidelines, over modifications, additions, or alterations made to Lots or the Courtyard Homes Common Area. The Standards may be amended in order to be consistent with any amendments to the Declaration and the Chart, as contemplated by Article V, Section 4 of the Declaration, to further define and delineate the nature of projects requiring architectural review, as described herein, and as otherwise in the discretion of the Board.

(c) No Waiver of Future Approvals. The approval of the Courtyard Homes Architectural Review Board 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 Courtyard Homes Architectural Review Board, 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 subsequently or additionally submitted for approval or consent.

(d) Variance. On a case by case basis, the Courtyard Homes Architectural Review Board, in its discretion, may authorize a variance from compliance with any of the Association’s Architectural Review Standards and procedures when unique circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require. Within five (5) days of receipt, the Courtyard Homes Architectural Review Board must give notice to the Board of Directors of any request for a variance and the Board shall have five (5) days from the date of notice to provide its suggested response to the variance request. The Courtyard Homes Architectural Review Board is required to consider the Board’s suggested response but is not required to reach the same conclusion. Upon appeal the Board of Directors may authorize a variance subject to these same conditions listed in the first sentence of this subsection (d).

(e) No Liability. Review and approval of any application pursuant to this Article VI, Section 2 is made on the basis of aesthetic considerations only, and neither the Architectural Review Board, the Board of Directors or the Association shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other such requirements. Neither the Association, the Board of Directors, the Architectural Review Board, nor any member of any of the foregoing, shall be held liable for any injury, damages or loss arising out of the manner or qualify of approved construction on or modifications to any Lot.

ARTICLE VII – GENERAL PROVISIONS

1. Enforcement. The Association shall have the right to enforce, by any proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or Supplemental Declaration or by the Redfields Declaration of Covenants and Restrictions and may seek damages for violations of such provisions. Before seeking injunctive relief against any Owner, the Owner shall be given the opportunity for a hearing before the Board of Directors. Fourteen (14) days prior written notice in accordance with Section 3 hereof of a hearing shall be given to the Owner by hand delivery or certified mail return receipt requested. An Owner may also seek to enforce any of these covenants and restrictions against another Owner. The enforcing Owner must also give notice and the opportunity for a hearing before the Board as aforesaid. Failure by the Association or by any Owner to enforce any covenant, condition, restriction, lien or charge herein contained shall in no event be deemed a waiver of the right to do so thereafter.

The Board of Directors has the authority to adopt reasonable rules and regulations as may be permitted by, and so as to comply with, applicable statute, including a rule permitting the Association to levy and assess any violation or other charges established by the Virginia Property Owners’ Association Act or any other applicable statute.

2. Entry for Repair. The Association or the agents of either may enter any Lot or Property and take such actions (including but not limited to actions to maintain, repair, improve, clean, preserve, clear, remove or correct a breach of this Declaration) as deemed advisable with the land and exterior improvements thereon in connection with any use restriction or maintenance required by this Declaration. Such entry shall be made with as little inconvenience to the Owner as practical, and any damage caused thereby shall be repaired by the Association out of common expense funds of the Association. Any such entry shall not be deemed a trespass. The costs of any such actions taken by the Association shall be charged to the Owner of the Lot and shall be treated as an assessment to the Lot to the extent that such action was taken to correct a breach of this Declaration.

3. Notices. Unless otherwise specifically provided, any notice required by this Declaration to be sent by the Board of Directors or the Association to any Owner or Member shall be in writing and shall be deemed given if either hand delivered to the Owner or Member personally or mailed by first class mail to the Lot address (in the case of an Owner) or to the last known address on file with the Association of such Owner or Member. The date of hand delivery or the date of mailing shall be deemed to be the date notice was given. Unless otherwise specified, a notice shall be given no more than 30 nor less than 10 days prior to the event noticed. Notice to any one of two or more co-Owners or co-Members shall be deemed to constitute notice to all. It shall be the obligation of each Owner and Member to notify the Association in writing of any change of address.

The Board of Directors may adopt reasonable rules and regulations so as to permit electronic notices to its membership in accordance with the Virginia Nonstock Corporation Act.

4. Fees and Costs. The Association, in seeking enforcement of the provisions of this Declaration or damages due to violation thereof, shall be awarded court costs and reasonable attorney’s fees, if it substantially prevails.

5. Severability. Invalidation of any one or more of the provisions of this Declaration by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

6. Prohibited Discrimination; Governmental Loans.

(a) Every Owner agrees that no transfer of any interest or offer to acquire any interest in any Lot shall be refused by any Owner or agent thereof to any person because of race, color, religion, sex, national origin or sexual orientation, nor shall any Owner make unavailable or deny the use or any interest in the property to any person because of race, color, religion, sex, national origin or sexual orientation. No provision of this Declaration shall be used to discriminate against any person by reason of such person’s race, color, religion, sex, national origin or sexual orientation and any such use if hereby declared illegal, void, and unenforceable and is specifically disclaimed.

(b) It is the intent of RDC that the provisions of this Declaration conform and will continue to conform to guidelines established by the Federal Housing Administration, the Department of Housing and Urban Development, the Veterans Administration, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association. To the extent that any provision of this Declaration is not in conformance with stated guidelines, such provision shall be deemed to be null and void.

7. Interpretation. The Board of Directors shall have the right to determine all questions arising in conjunction with this Declaration and to construe and interpret its provisions, and its determination, construction or interpretation shall be final and binding. The provisions of this Declaration shall be given that interpretation or construction that will tend toward the consummation of the general plan of improvements for Courtyard Homes at Redfields.

8. Limited Liability. In connection with all reviews, acceptances, inspections, permissions, consents or required approvals by the Association, and the Association shall be liable to an Owner, a member or any other person on account of any claim, damage or expense suffered or incurred out of or in any way relating to the subject matter of any such reviews, acceptances, inspections, permissions, consents or required approvals whether given, granted or withheld.

9. Amendment. The covenants, conditions, restrictions and reservations of this Declaration may be modified or amended by an instrument signed by the President of the Association or such other qualified person or persons, after being approved by the affirmative vote of the Owners representing at least two-thirds (2/3rds) of the Lots subject to this Declaration, at a meeting duly called and noticed for this purpose. Any modification or amendment must be properly recorded, stating the modification or amendment, the effective date and relevant information (date, notice, quorum, number of votes for and against) about the meeting at which it was approved.

10. Duration. The covenants, conditions, restrictions and reservations of this Declaration, including any modifications or amendments thereto, shall run with and bind the Property, 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 this Declaration is recorded, after which time said Declaration shall be automatically extended for successive periods of ten (10) years unless rescinded by the vote of the Owners representing at least 2/3 of the Lots subject to the Declaration at a meeting duly called and noticed for that purpose.

WITNESS the following signatures of the President of the Courtyard at Redfields Homeowners’ Association, Inc.

COURTYARD AT REDFIELDS HOMEOWNERS’ ASSOCIATION, INC.

By: ________________________________
President

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________

I, _____________________________, a Notary Public in and for the jurisdiction aforesaid, so certify that the foregoing Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants was executed and acknowledged before me this _____ day of _______________________, 20___, by _______________________, as President of Courtyard At Redfields Homeowners’ Association, Inc.

___________________________________
Notary Public

Registration #:________________________
My commission expires: _______________

CERTIFICATE OF THE PRESIDENT

I the undersigned, do hereby certify that I am the duly elected and acting President of the Courtyard At Redfields Homeowners’ Association, Inc and the foregoing Second Restated and Amended Courtyard Homes at Redfields Declaration of Covenants was duly adopted by at least two-thirds (2/3) of the votes cast by Members of the Association who voted in person or by proxy at a meeting duly called and noticed for this purpose In witness whereof, I have hereunto subscribed my name this ___ day of _______________, 2012___.

By:____________________________________
President
Attest: _________________________________
Secretary
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________

On this _____ day of ___________________, 2012___, before me, the undersigned notary public, personally appeared _____________________, President of the Courtyard At Redfields Homeowners’ Association, Inc. 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. Given under my hand this _____ day of _______________, 2012___.
___________________________________ Notary Public

Registration #:________________________
My commission expires: _______________

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________

On this _____ day of ___________________, 2012___, before me, the undersigned notary public, personally appeared _____________________, Secretary of the Courtyard At Redfields Homeowners’ Association, Inc 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.
Given under my hand this _____ day of _______________, 2012.

___________________________________
Notary Public
Registration #:________________________
My commission expires: _______________