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Chantilly Highlands Homes Association
By-Laws

AMENDMENT OF THE BYLAWS OF CHANTILLY HIGHLANDS HOMES ASSOCIATION

BE IT RESOLVED THAT:

The bylaws of Chantilly Highlands Homes Association be amended by deleting Sections 5 and 7 of Article II; Article III; Section 1(e) of Article IV; Sections 1 and 2 of Article V; and Sections 1, r and 5 of Article XII, and substituting the following provisions in lieu thereof:

ARTICLE II
DEFINITIONS

Section 5. "member" shall mean and refer to those persons entitled to membership, as provided in the Declaration.

Section 7. "Declarant" shall mean and refer to Centex Homes of Washington, D.C., Inc., and its successors and assigns, if such successors or assigns should acquire more than one undeveloped lot of purpose of development.

ARTICLE III
MEMBERSHIP

Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessments by the Association. Ownership of such Lots will be the sole qualification for membership.

ARTICLE IV
PROPERTY RIGHTS: RIGHTS OF ENJOYMENT

Section 1. Members Easements of Enjoyment. (e) The right of the Association, at any time and consistent with the then existing zoning ordinances of Fairfax County, consistent with its designation as "open space," or upon dissolution, to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the member, provided that any such dedication or transfer shall have the assent of two-thirds (2/3) of each class of the entire membership, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of meeting setting forth the purpose of the meeting. And upon such assent and in accordance therewith, the offices of the Association shall execute the necessary documents.

ARTICLE V
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE

Section 1. Number. the affairs of this Association shall be managed by a board of Directors, who need not be members of the Association. the initial board of Directors shall consist of three (3) members. the board shall determine the initial number of board members, however, upon cessation of Class B membership as more fully defined in the Declaration, the members of the Association shall determine the number of Board members, provided, however, that in either case the number of directors shall be increased at least to a number equal to the ratio of one (1) director to every fifty (5) Class A members of the Association until there is a maximum of nine (9) directors.

Section 2. Term of Office. The Board of Directors shall be divided into three (3) classes of membership as near equal in number as possible, with the term of office of one class expiring each year. At the first annual meeting of members, directors of the first class shall be elected for three (3) years, the members of the second class shall be elected for two (2) years and the members of the third class shall be elected for one (1) year. thereafter, at each annual meeting of the members, the successors to the class of directors whose term shall then expire shall be elected for a term of three (3) years. When the aggregate number of directors is changed, any increase or decrease shall be so apportioned among the classes so as to make all classes as nearly equal in number as may be possible. no decrease in the aggregate number of directors shall shorten the term of any incumbent director.

ARTICLE XII
ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. As provided in the Declaration, each member is obligated to pay to the Association:

  1. Annual assessments or charges, and
  2. special assessments for capital improvements, such assessments t be fixed, established and collected from time to time as hereinafter provided. The annual and special 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 each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due and shall not pass to the successors in title unless expressly assumed by them.

Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction (including costs of engineering, planning, organizing and developing), or reconstruction repair or replacement of a capital improvement upon the Common Area, including the fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (6) days in advance of the meeting setting forth the purpose of the meeting.

Section 5. Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots not owned by Declarant. Any Lots owned by Declarant may be assessed at one-fourth (1/4) of the rate of Lots not owned by Declarant so long that Declarant shall pay for any deficiency in the Association's operation budget at the end of a year in which Declarant has such reduced rate of assessment.



By-Laws TOC

Article I

Article II

Article III

Article IV

Article V

Article VI

Article VII

Article VIII

Article IX

Article X

Article XI

Article XII

Article XIII

Article XIV

Article XV

Article XVI

Revisions

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