1. FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF COURTHOUSE STATION SUBDIVISION (the
“Declaration”) is made this 21st day of November, 2006, by COURTHOUSE STATION
HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation, hereinafter referred
to as the “Association.”
WHEREAS, the Association is the property owners’ association established to own,
improve, maintain and preserve the Common Area within COURTHOUSE STATION, County
of Fairfax, Virginia, and the Association is the entity responsible for the architectural control of
residential townhouse lots and improvements constructed thereon, and for the administration of
other areas of responsibility within its jurisdiction, pursuant to the Virginia Property Owners’
Association Act, Section 55-508, et seq, of the Code of Virginia, 1950, as amended, and as set
forth in the Declaration; and
WHEREAS, the Association desires to modify and amend certain provisions of the
Declaration, recorded in Deed Book 7195 at Page 0451; and
WHEREAS, at an Annual Meeting of Members held on November 21, 2006, pursuant to
proper notice, at which a quorum was established, by a vote of more than eighty percent (80%)
of the Members/Lot Owners entitled to vote at the meeting, pursuant to the aforesaid
Declaration, the Association approved an amendment to Article VII of the Declaration;
NOW THEREFORE, the Association hereby covenants and declares on behalf of itself
and the requisite majority of Lot Owners, that Article VII of the Declaration is hereby amended
to add a new Section 20, as follows:
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2. (20) (a) Each Owner shall keep each Lot owned by him/her, and all
improvements therein or thereon, in good order and repair and, consistent with Article VII(10) of
this Declaration and any other pertinent provisions, shall take appropriate external care of all
buildings and other improvements, in a manner and with such frequency as is consistent with
good property management, and/or, in the opinion of the Board of Directors, such that the
appearance of the property is not detrimental to adjoining properties and is consistent with the
Association’s architectural control standards and guidelines.
b) If the external appearance of any Lot or improvement or structure
thereon has been damaged or destroyed by fire or other casualty, such Lot or improvement
thereon shall be restored substantially to its original appearance in a reasonable time, as
determined by the Board of Directors.
(c)(i) In the event an Owner fails to maintain or repair his/her Lot and/or
the improvements situated thereon, the Association shall have the right to enter upon such Lot,
after twenty (20) days notice to the Owner of the Lot, to repair, maintain and restore the Lot and
the exterior of the buildings and any other improvements thereon and to correct any improper
drainage. All costs related to such maintenance, repair, restoration or correction shall become a
lien upon such Lot, and such lien may be enforced in the same manner as an annual assessment
or any other assessment levied in accordance with the Declaration or other governing documents
of the Association. The costs of preparing, recording and enforcing such lien, including
reasonable attorney’s fees, shall be included in the lien and shall also be the personal obligation
of the Lot Owner.
(ii) The Board may also elect to pursue legal action in a Court of
competent jurisdiction, including, but not limited to, seeking to obtain a mandatory injunction
requiring the Owner to perform the necessary maintenance, repair, or restoration, or to permit the
Association to enter the Property to perform the necessary work. The costs of such maintenance,
repair, or restoration and the costs of such proceeding, including court costs and reasonable
attorney’s fees, shall become part of the lienable assessment against the Lot which is the subject
of such legal action, and shall also be the personal obligation of the Lot Owner.
All other remaining provisions of the aforesaid Declaration, recorded in Deed Book 7195
at Page 0451, shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has caused this First Amendment to
Declaration of Covenants, Conditions and Restrictions to be executed pursuant to due and proper
authority as of the date first set forth above.
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