| Article V — Restrictions and Reservations ★ | p.42 |
| Article VI — Architectural Approval Committee ★ | p.48 |
Directors that is reasonably related to the services and benefits received by an Owner.
Any assessment or installment thereof not paid within thirty (30) days after the due date shall be subject to a late charge not to exceed five per centum (5%) of such assessment or installment thereof and shall bear interest from the date of delinquency at the rate of twelve per centum (12%) per annum until the payment is received by the Association. Further, in any case where an assessment is payable in installments, upon a default by an Owner in the payment of any installment when due, the required payment date or dates of the remaining unpaid installments of such assessments may be accelerated, at the option of the Board of Directors, and the entire balance of such assessment may be declared due and payable in full by the service of notice to such effect upon the defaulting Owner by or on behalf of the Board of Directors.
The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area, Trail Facilities or abandonment of his Lot.
The lien of the assessments provided for herein shall be subordinate to the lien of any first deed of trust or mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to first mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer, except to the extent the Association may be entitled to any surplus sales proceeds as a junior lien secured creditor. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien subsequent to such sale or transfer nor shall it relieve the Owner of such Lot
from personal liability for assessments accruing prior to foreclosure.
The Common Area and all Lots owned by Declarant shall be exempt from the assessments created pursuant to this Declaration.
The Lots shall be used, improved and devoted exclusively for (i) single family residential purposes, including the leasing of any Lot by the owner thereof for residential purposes from time to time, and/or, (ii) home occupations and agricultural purposes permitted under the Prince William County Zoning Ordinance. No building shall be erected, altered, placed or permitted to remain on any Lot other than one single-family detached dwelling, private swimming pool, tennis court, garage, barn, stable, guest house, garden or storage sheds, fences and other structures built by a Declarant, Approved Builder or approved by the Architectural Approval Committee for use solely by the occupants. The Declarant or its assigns, or an Approved Builder may, during the construction and/or sales period, and within seven (7) years from the date hereof, erect, maintain and operate real estate sales and construction offices, displays, signs and special lighting on any part of the Properties on or in any building or structure now or hereafter erected while such Lot is owned by a Declarant or Approved Builder.
The approval for the construction of, addition to or alteration of any building, structure or improvement, including fences, shall be obtained from the Architectural Approval Committee pursuant to Article VI hereof. Any approval or disapproval of uses other than the permitted uses set forth above may be based on purely aesthetic grounds and shall be in the discretion of the Committee.
All residential structures shall have a finished living area, exclusive of porches, patios, balconies, terraces, decks, pools, breezeways and garages, of not less than 2,700 square feet, unless specifically authorized by the
Architectural Approval Committee. Prefabricated homes employing volumetric modules shall not be permitted on any Lot.
No antenna, satellite dish, or other devise for the transmission or reception of television, radio or electronic signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors on any Lot within the Properties, whether attached to a building or structure or otherwise, unless constructed by a Declarant or Approved Builder or approved by the Architectural Approval Committee. The Architectural Approval Committee may require screening or other suitable measures to reduce the visibility and/or interference to other Lots.
No building, grading, or clearing for a structure permitted herein shall be commenced on any Lot until at least a crushed rock driveway has been installed for a distance of at least 50 feet into said Lot and maintained so as to prevent the depositing or accumulating of mud, dirt, rock, or debris upon the streets and roads of the community. All access to any Lot during construction shall be strictly limited to the crushed rock driveway unless alternate access is specifically approved by the Architectural Approval Committee.
Each Lot Owner shall be responsible for the installation and maintenance of storm water control in the area where his driveway connects with a public street on his Lot, as required by governmental authorities having jurisdiction thereof. The responsibility of a Lot Owner shall include installation of any culvert pipe in the ditch line for his Lot, if required, providing a gravel base and asphalt paved surface on the driveway apron area for his lot within and adjacent to the State right of way, and proper mailbox installation. Such culvert pipe(s) and/or gravel base and paved surface will be in conformity with the applicable specifications or requirements contained in the Prince William County Design and Construction Standards Manual or in any replacement thereof and the applicable guidelines of the Virginia Department of Transportation. If the
improvements required by this paragraph have not been properly installed by the Owner, the Declarant may, upon Owner's failure to comply with the requirements and/or correct any deficiencies in the installation, utilize the bonded improvements escrow in accordance with the Bonded Improvements Agreement, which is attached hereto as Schedule "A", not to exceed $750.00 per driveway entrance.
Until the acceptance by the Virginia State Department of Transportation of Shelter Manor Drive and Clifton Manor Place into the Virginia state highway system for public maintenance, the cost to repair any damage to the ditches, shoulders, grading and asphalt of Shelter Manor Drive and Clifton Manor Place or their siltation and erosion control system(s) caused by the work of an Owner, his agents, invitees, and guests on such Owner's Lot shall be paid to Raymond C. Hawkins Construction Co., Inc., by the Owner responsible for such damage and may be collectible, by legal proceedings, together with interest at the legal rate, court costs, and twenty-five (25%) attorney's fees, from such Owner if not paid upon demand.
No tractor cleated equipment shall be driven on the Shelter Manor Drive and Clifton Manor Place rights-of-way prior to or after the acceptance of the roads for maintenance into the Virginia State highway system.
Except for horse(s), ponies and a reasonable number of domesticated household pets, no animals, including birds, fowl, poultry or livestock, shall be maintained or kept on any Lot within the Properties. Permitted animals shall only be kept, bred or raised for domestic use and not for any commercial purposes. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, danger or menace to the other Owners.
It is declared to be the purpose and intent of Declarant and the Lot Owners to generally establish SHELTER LAKES as a development of homesites, utilizing the existing natural vegetation, topography and storm water
drainage systems to the maximum extent possible. To assure that this is accomplished, the following general guidelines are hereby established:
a) Existing vegetation shall remain essentially undisturbed i) within 50 feet of the edge of paving of Shelter Manor Drive and Clifton Manor Place, provided that the Architectural Approval Committee may permit more clearing on those lots where, in the opinion of the Committee, the 50 foot limit creates a hardship on the Owner in constructing permitted improvements and ii) within 15 feet of all property lines except for Lake Facilities No. 1, Lake Facilities No. 2, Trail Facilities, Trail Easement, and any of the Ingress-Egress Easements, all as shown on the recorded plat of the Properties. Exceptions to the foregoing shall be permitted where necessary to meet Prince William County requirements for the construction of septic waste disposal systems, for driveways, for assuring necessary vehicular sight distances, for fences and for placement of utility services with related and required easements.
b) Where clearing is proposed outside the above limits, excluding areas specifically authorized to be cleared, more latitude will be permitted in the clearing of softwood species than in the case of such hardwood species as beech, oak, hickory, poplar, sycamore and similar species. In addition, this Section 10 shall not apply to the clearing or grubbing of trees and shrubs under three inches in diameter at a point one foot above the ground.
c) To assure compliance with the above, no clearing shall be commenced on any Lot by a non-Declarant or non-Approved Builder until a site plan is submitted to the Architectural Approval Committee and is approved pursuant to the terms of this Article V and Article VI.
Each Lot Owner shall keep his Lot free of trash, debris and rubbish, and shall employ such conservation practices necessary to maintain the proper contours of the land, to prevent erosion and run-off, and protect
environmentally sensitive areas such as wetlands, steep slopes and highly erodible soils.
In order to maintain the residential character and appearance of the development, all lawns shall be kept mowed to a height not exceeding six (6) inches. Pastures, fields and all other cleared areas shall be cut, mowed or trimmed at least three (3) times a year during the growing season, except that vacant lots need be cut, mowed or trimmed only twice a year. In the event an Owner clears a portion of a Lot, grass shall be planted and maintained as lawn, pasture, or field, or the area otherwise maintained in keeping with these requirements and the residential character of the development.
No garbage, trash or recyclable items shall be placed or kept on any Lot within the Properties except in covered containers. In no event shall such containers be kept, maintained or stored so as to be visible from adjoining Lots except to make the same available for collection and then, only the shortest time reasonably necessary to effect such collection. All garbage, trash or recyclable containers or cans must be restricted to appropriate and not unsightly storage areas located at least fifteen (15) feet from the nearest property line and screened by appropriate planting, enclosure or otherwise, if needed. All rubbish, trash, and garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. No incinerators shall be kept or maintained on any Lot.
Outside clothes lines or other outdoor facilities for drying or airing clothes shall not be erected, placed or maintained on any Lot within the Properties unless they are erected, placed and maintained exclusively within a fenced service yard or otherwise concealed so as not to be visible from adjoining Lots.
Adequate parking off the streets and roads of the community shall be provided by the Owner of each Lot for the parking of motor vehicles owned by such Owner.
Each Owner agrees not to park motor vehicles on the streets and roads in the development.
No boats, trailers, campers, commercial trucks and vans, tents or any structure of a temporary character, or recreational vehicle other than automobiles shall stay parked forward of any dwelling for a period exceeding one week. No such motor vehicle shall be constructed, reconstructed, worked upon, repainted or repaired in the front yard of any Lot.
No trailer, basement of any incomplete building, tent, shack, garage or barn, and no temporary buildings or structure of any kind shall be used at any time for a residence on any Lot within the Properties. Temporary buildings, structures, construction trailers or equipment used during the construction of a dwelling on any such Lot shall be removed immediately after the completion of construction.
The construction of any building or structure shall be diligently pursued to completion within nine (9) months after such work has begun.
No Lot within the Properties shall be further subdivided or separated into smaller lots or parcels by any Owner except for any resubdivision resulting from the dedication of an Ingress-Egress Easement for a public street as provided in the deed of dedication and easement for the development. No portion less than all of any such Lot shall be conveyed or transferred by an Owner, without the prior written consent of Raymond C. Hawkins Construction Co., Inc. No portion of a Lot but for the entire Lot, together with the improvements thereon, may be rented or sold. This provision shall not, in any way, limit Declarant from adjusting lot boundaries, resubdividing or separating into smaller lots or parcels any property in SHELTER LAKES, Section 1, without any consent to or joinder by a Lot Owner whose property is not part of such adjustment or resubdivision. This Section shall not apply to
adjacent or contiguous property owned by Declarant which is not yet platted or subdivided into Lots.
No signs whatsoever (including, but not limited to, commercial and advertising signs) shall be erected or maintained on any Lot within the Properties except:
PROVIDED, however, nothing contained in this Declaration shall be construed to prevent the erection or maintenance by a Declarant or an Approved Builder of signs necessary or convenient to the development, identification, promotion or sale of Lots in the Properties.
All telephone, electric, gas, and other utility service lines and connections between the main utility service lines and the residences or other buildings on each Lot shall be concealed and located underground so as not to be visible, except for temporary service while a residence or appurtenant structure is under construction.
It is declared to be the purpose and intent of Raymond C. Hawkins Construction Co., Inc., and the Lot Owners to generally establish and maintain SHELTER LAKES as a community of quality residences that are well designed, sited and