1510CONDOMINIUM

ARTICLE V

OPERATION OF THE PROPERTY

 

1. Common Expenses. Common expenses, in general, shall include the costs of maintenance, repair or replacement of the common elements and the expenses of operation, administration and management, including, among other things, utility changes, management fees, casualty and liability insurance premiums and the fees and disbursements of the Insurance Trustee, service contracts, and employee salaries. The common  expenses may also include such amounts  as the Board  may deem proper  for the operation and maintenance of the  Condominium, including, without  limitation, an amount for working capital, for a general operating reserve, for a reserve  fund for replacements, and to make up any deficit in the common  expenses for any prior year. The common expenses may also include such amounts as may be required for the purchase or lease by the Board or its designee, corporate or otherwise, on behalf of all co-owners of any Apartment in the Condominium whose owner has elected to sell or lease such Apartment or of any Apartment which is to be sold at a foreclosure or other judicial sale.

 

2. Determination of Common Expenses and Fixing of Common Charges.    At  each annual meeting, the council shall fix and determine the amount  deemed necessary  to provide  for the costs of administration and  common expenses  in the then current year, and shall assess said amount against all Apartments in the Condominium in accordance with their individual percentage interests as set forth in paragraph FOURTH of the Master Deed. To assist the Council in determining such amount, the notice of the annual meeting mailed to Co-owners shall be accompanied by the estimated budget prepared by the management agent and approved by the Board. Until the first annual meeting, common charges shall be based on the budget prepared by Berger Construction Corporation, the initial management agent employed by the Condominium, and said amount   is hereby fixed and assessed as an initial common charge on each Apartment in accordance with the individual percentage interests.

 

3. Notification of Common Charges. The Board shall advise all Co-owners, promptly, in writing, of the amount of common charges payable by each of them, respectively, and shall furnish copies of each budget on which such charges are based, to all Co-owners and to their mortgagees.

 

4. Lien for Common Expenses. Each co-owner is obligated to pay the Charges levied and assessed against his Apartment for payment of common expenses, and such amount shall constitute a lien against said Apartment from the date of assessment until the date of full payment. At the option of the Board, said amount shall be made payable in advance, in monthly, quarterly or other convenient installments. The lien hereinabove set forth shall be inferior only to general and special assessments for real estate taxes and deeds of trust, mortgages, or other encumbrances recorded prior to the date of assessment of said lien, or recorded after receipt of a written statement from the Board that the payments on said lien were current as of the recordation date of such deed of trust, mortgage instrument or other encumbrance.

 

5. Payment of Lien After Transfer. Upon the voluntary sale or conveyance of an Apartment, there shall be paid or provided from the sales proceeds, or by the grantee, an amount sufficient to satisfy any unpaid portion of assessments due and payable as of the date of conveyance. Any  purchaser or lender in connection with any such sale or conveyance shall on thirty (30) days notice to the Board of Directors or Management Agent, be  entitled to a statement setting forth in detail the amount of any unpaid assessment owed by the seller, or borrower, and such purchaser or lender shall be entitled to rely  on  such  statement and shall have no liability for, nor shall the Apartment be encumbered with an amount of unpaid  assessments  greater  than  that shown  in said statement. Upon an involuntary sale through foreclosure of a deed of trust, mortgage or encumbrance having a preference, a purchaser thereunder shall not be liable for any installments of such lien as became due subsequent to the recording of such deed of trust, mortgage, or encumbrance. No Co-owner shall be liable for the payment of any part of the common charges assessed against his Apartment subsequent to a sale, transfer or other conveyance by him (made in accordance with the provisions of these By-Laws) of such Apartment. In addition, any Co-owner may, subject to the terms and ·conditions specified in these By-Laws, provided that his Apartment is free and clear of liens and encumbrances other than a first mortgage held by an institutional lender and the statutory lien for unpaid common charges, convey his Apartment to the  Board of Directors, or its designee, corporate or otherwise, on behalf of all other co-owners, and in such event be exempt from common charges thereafter assessed.

 

6. Default in Payment of Lien. In the event of default in the payment of any one or more installments of the assessments established for the payment of common expenses, the Board of Directors may declare any remaining balance of said lien at once due and payable. The Board shall have the right and duty to take all appropriate actions and steps to collect any assessments which shall remain unpaid for a period of more than thirty (30) days from the due date thereof. The Board may institute a suit to recover a money judgment for the same, together  with  interest thereon and reasonable expenses of collection, including attorneys fees, without foreclosing or waiving the lien hereinbefore provided.

 

7. Lien Enforcement. The lien for unpaid assessments may be enforced and foreclosed in such manner as may from time to time be provided by the laws of the Commonwealth of Virginia. Additionally, each Co-owner, by   the act of acquisition of an Apartment in the Condominium, irrevocably agrees as follows: That the acquired Apartment is impressed, not only with the aforesaid lien, but, as well, with a continuing trust for the purpose of enforcing and foreclosing the same; that the persons who shall be serving from time to time as President and Vice President of the Condominium shall likewise during their terms of office constitute the acting and qualified trustees of said trust; that, in the event of a default in the payment of any such unpaid assessment, and the continuation of such default for a period of thirty (30) days, the trustees shall have the right and power to enforce the lien therefor by selling the Apartment at public auction for such price and upon such terms as the trustees shall deem advantageous, and proper, provided that public advertisement of such sale setting forth the terms thereof, shall first be inserted in a newspaper of general circulation in Arlington County, Virginia, not less than fifteen (15) days preceding the sale that the      trustees shall have the right and power at such sale to convey the said Apartment in fee simple to a purchaser or purchasers thereof free and clear of any lien for unpaid assessments, and to apply the proceeds (a) in payment of all proper costs, charges and expenses of said proceedings, including attorneys’ fees and a trustees' commission, (b) in discharge of any then unpaid and due and payable general or special assessments for real estate taxes, (c) in payment of any then due and payable deeds of trust, mortgages, or other encumbrances, (d) in payment of the lien for unpaid assessments plus interest, and (e) to remit to the former Co­owner of such Apartment any remaining balance; that the Board may purchase such Apartment at the public auction for the benefit and interest of the Co-owners: that the defaulting Co-owner waives any notice to quit that may be required by  the laws of the Commonwealth of Virginia, and shall quit and surrender said premises not later than the day set for the sale. If any Co-owner fails or refuses to vacate from his Apartment after sale thereof in accordance with the above, said Co-owner shall pay all damages which may thereby be sustained by the Condominium, including a reasonable charge for the period of said occupancy.

 

8. Restrictions of Use of Apartments. To assist the Condominium in providing for congenial  occupancy and the protection of the value of the Apartments, it is necessary that the Board of Directors have the right and authority to exercise reasonable controls over the use of the Apartments. Violation of the following shall be deemed prohibited uses or nuisances:

 

(a)No co-owner or other resident of the condominium shall post any advertisements or posters of any kind in or on the Property except as authorized by the Board. This restriction shall not apply to advertisements, signs or posters utilized by the Granter, or its agents, in selling the Apartments. 

 

(b)All Apartments shall be used only for private residential purposes, except for such temporary other uses as may be permitted by the Board of Directors from time to time. This provision shall not, however, be so construed as to prevent the Granter from using any Apartment for model or display purposes nor so as to prohibit the leasing of Apartments owned by the Granter subject to all of the provisions of the Master Deed and these By-Laws.

 

(c)No clothing, laundry, rugs or wash shall be hung from or spread upon or from any window, balcony, or exterior portion of an Apartment or in or upon any common element. All refuse and trash shall be deposited in bins designated for such purposes.

 

(d)No animal, other than common household pets, shall be kept or maintained in any Apartment. Common household pets shall not be kept, bred or maintained for commercial purposes in any Apartment. Pets shall not be permitted outside of Apartments unless they are accompanied by an adult person and carried or leashed. Any Co-owner who keeps or maintains any pet in the development shall be responsible and may be assessed by the Board of Directors for any costs incurred by the Condominium in enforcing the Rules and Regulations prescribed or to be  prescribed by the Board of Directors for the control and regulation of pets in the development.  

 

(e)Co-owners, residents and lessees shall exercise extreme care to avoid unnecessary noise or the use of musical instruments, radios, television and amplifiers that may disturb other Co-owners.

 

(f)No Co-owner, resident or lessee shall install wiring for electrical or telephone installation, television antennae, machines or air conditioning units, etc., which protrudes through the walls or the roof of the project or is otherwise visible on the exterior of the project except as presently installed or as authorized by the Board.

 

(g)No elements of the Condominium may be used for any unlawful, immoral or improper purpose.

 

(h)No nuisances shall be allowed on the Condominium property nor shall any use or practice be allowed which is a source of annoyance to its residents or which interferes with the peaceful possession or proper use of the Condominium by its residents.

 

(i)A Co-owner shall not place or cause to be place in the public walkways, driveways or halls or other common areas or common facilities, other than in the designated storage areas, any bicycles, furniture, packages or objects of any kind. The public walkways, driveways and halls shall be used for no purpose other than for normal transit through them.

 

(j)Co-owners, residents and lessees may not install washing machines or clothes dryers in the Apartments. The existing laundry equipment contract will be continued by the Condominium in accordance with its terms and conditions.

 

(k)No Co-owner, resident or lessee shall direct or engage any employee of the Condominium on any private business of such Co-owner, resident or lessee, nor shall he direct, supervise or in  any  manner  attempt to  assert  Control  over any  such employee.

 

In  the use of   the common elements of the Condominium, Co­owners shall obey and abide by all valid laws, ordinances and zoning and other governmental regulations affecting the same and all applicable rules and regulations adopted by the Board.   The common elements shall be used only for the furnishing of the ser­ vices and facilities for which they are reasonably suited and which are incident to the use and occupancy of the Apartments.

 

A Co-owner shall grant a right of access to his Apartment to the Management Agent and/or any other person authorized by the Board for the purpose of making inspections or for the purpose of correcting any condition originating in his Apartment and threatening  another Apartment or a common element, or for the purpose  of performing installations, alterations or repairs to the mechanical or electrical services or other common elements in his Apartment or elsewhere in the building, or to correct any condition which violates the provisions of any mortgage covering another Apartment, provided that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Co-owner. In case of an emergency, such right of entry shall be immediate whether the ca-owner is present at the time or not. 

 

Any owner of an Apartment may lease said Apartment for a period of not less than twelve (12) months provided that (i) a fully conformed copy of said lease or renewal thereof shall be delivered to the Board of Directors within ten (10) days of execution; (ii) any such lease shall be consistent with the provisions of the Master Deed, these By-Laws, as the same may be amended from time to time, and with the rules and regulations of the Condominium as may be promulgated from time to time; and (iii) that the Board of Directors shall have the power to terminate such lease and/or to bring summary proceedings to evict the tenant in the name of the Landlord thereunder, in the event of a default by the tenant in the performance of such lease.

The terms and restrictions of this paragraph shall not apply to Granter or any mortgagee who comes into possession of an Apartment pursuant to a foreclosure  sale, other judicial sale or any transfer or conveyance in lieu of foreclosure.

 

​9. ​Abating and Enjoining Violations by Co-owners.  The violation of any rule or regulation adopted by the Board of Directors or the breach of any provision of these By-Laws, or the breach of any provision of the Master Deed, shall give the Board the right, in addition to any other rights set forth in these By-Laws:(a) to enter the Apartment in which or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the Co-owner at fault, any  structure, thing or condition  that may exist therein contrary to the intent and meaning of the provisions hereof, and the Board shall not thereby be deemed guilty in any manner of trespass; or (b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.

 

10. Maintenance and Repair. Each Co-owner shall be responsible for the care, upkeep, protection and maintenance of his Apartment, except to the extent that the obligation therefore is imposed on the Board of Directors by Article III, section 2(a). His responsibility shall include, but shall not be limited to, the following: the interior surfaces of the walls, floors and ceilings; kitchen and bathroom fixtures, appliances and equipment; refrigerator, range and air conditioning unit, and those parts of the plumbing, lighting, heating and air conditioning systems which are wholly contained within his Apartment or which serve only his Apartment and no other.      Every co-owner must perform promptly all Maintenance and repair work within his own Apartment which, if omitted, would affect the Condominium in its entirety or in a part belonging to other co-owners, and every co-owner shall be expressly responsible for any damages and liabilities suffered by other Co-owners or by the council resulting from or caused by said Co-owner's failure to maintain or repair as herein provided. Each Co-owner shall perform his responsibility in such manner as shall not unreasonably disturb or interfere with the other co-owners. Each Co-owner shall promptly report to the Council or its agent any defect or need for repairs, the responsibility for the remedying of which is with the Council. A Co-owner shall promptly reimburse the Council for any expenditures incurred in repairing or replacing any common area and facility damaged through his fault. Each Co-owner shall also be responsible for the care, upkeep, protection, maintenance and replacement of any heating system installed in and exclusively serving such Co-owner’s Apartment in accordance with Article III, Section 2(a) herein.

 

11.Alterations, Additions and Improvements. Whenever in the judgment of the Board of Directors, the common elements shall require additions, alterations or improvements costing in excess of $8,000, and the making of  Such additions,  alterations  or improvements shall have been approved by  a majority of Co-owners of the Condominium and by those mortgagees holding mortgages constituting first liens upon ten (10) or more Apartments, the Board shall proceed with such additions, alterations or improvements and shall assess all Co-owners for the cost thereof as a common charge. Any additions, alterations or improvements costing $8,000 or less may be made by the Board without approval of the co-owners or any mortgagees of Apartments and cost thereof shall constitute part of the common expenses. No co-owner shall make anv alterations to any portion of the Condominium property which is to be maintained by the Council or remove any  part or  portion  thereof;  nor  shall  any  Co-owner make any additions thereto or do anything which would or might jeopardize the safety or soundness of the structure; nor shall any Co­owner make any alteration to the water, gas, heating, electrical, or plumbing systems, or make any structural addition, alteration, or improvement in or to his Apartment, without the prior written consent thereto of the Board. The Board shall have the obligation to answer any written request by a Co-owner for approval of a proposed structural addition, alteration or improvement in such CO-owner's Apartment, within thirty (30) days after such request, and failure to do so within the stipulated time shall constitute a consent by the Board to the proposed addition, alteration or improvement. Any application to any municipal department or to any other governmental authority for a permit to make an addition, alteration or improvement in or to any Apartment shall be executed by the Board only, without however incurring any liability on the part of the Board or any of them to any contractor, subcontractor  or  materialman  on   account  of   such  addition,  alteration  or  improvement , or to any person  having  any claim for injury to person or damage to property arising therefrom. All repairs and replacements shall be substantially similar to the original construction and installation. The provisions of this paragraph shall not apply to Apartments owned by the Grantor until such Apartments shall have been initially sold by the Granter and conveyed by Grantor to the purchaser.