ARTICLE XIV

GENERAL PROVISIONS

 

14.1  Term.  Unless otherwise provided by Virginia law, in which case such law shall control, this Declaration shall run with the land and have perpetual duration.  This Declaration may be terminated only by an instrument signed by Owners of at least sixty-six and two thirds percent (66-2/3%) of the total Dwelling Units within the Properties, which instrument is recorded in the Public Records.  Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement.

14.2 Amendment. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause.  Amendments to this Declaration shall be prepared, executed, recorded and certified by the President of the Association.

If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment.

Any amendment shall become effective upon recording in the Public Records, unless a later effective date is specified in the amendment.  Any procedural challenge to an amendment must be made within one (1) year of its effective date or such amendment shall be presumed to have been validly adopted.  In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration.

14.3  Severability.  Invalidation of any provision of this Declaration, in whole or in part, or any application of a provision of this Declaration by judgment or court order shall in no way affect other provisions or applications.

14.4  Cumulative Effect; Conflict.  The provisions of this Declaration shall be cumulative with any additional covenants and restrictions provided for in any Supplemental Declaration, and the Association may, but shall not be required to, enforce such additional covenants and restrictions.  Nothing herein shall preclude any Supplemental Declaration or other recorded covenants and restrictions applicable to any portion of the Properties from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration, and the Association shall have the standing and authority to enforce the same.

14.5  Use of the Words “Falls Run” .  Owners may use the term “Falls Run” in printed or promotional matter where such term is used solely to specify that particular property is located within ” “Falls Run” and the Association shall be entitled to use the words ” “Falls Run” in its name.

14.6  Compliance.  Every Owner and Resident of any Dwelling Unit shall comply with the Governing Documents.

14.7  Notice of Sale or Transfer of Title.  Any Owner desiring to sell or otherwise transfer title to his or her Dwelling Unit shall give the Board at least seven (7) days prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require.  Subject to Virginia Code Section 55-512, the transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Dwelling Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title.

14.8  Attorneys’ Fees.  In the event of an action instituted to enforce any of the provisions contained in the Governing Documents, the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judgment, reasonable attorneys’ fees and costs, including administrative and lien fees, of such suit.  In the event the Association is a prevailing party in such action, the amount of such attorneys’ fees and costs shall be a Benefitted Assessment with respect to the Dwelling Unit(s) involved in the action.

IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this 13th day of February, 2006.

 

 

Dennis Ouellette, Vice-President

  COMMONWEALTH OF VIRGINIA )             )SS.

COUNTY OF STAFFORD                   

    The foregoing instrument was acknowledged before me this _____ day of February, 2006 by Dennis Ouellette, Vice President of Del Webb Communities of Virginia, Inc., an Arizona corporation, on behalf of the corporation.

    ____________________________________ Notary Public

    [NOTARIAL SEAL]                       My Commission Expires: _____________