Disclosure · Westgate at Williamsburg Condominium Association, Inc.

Pages 1–5

Annual Registration Westgate at Williamsburg A Condominium Association Inc Budget Westgate at Williamsburg A Condominium Association Inc WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Projected Actual 2017 2016 2015 2014 INCOME Association Fees $172,700 163,818 $151,283 $149,311 Interest Income 0 6,330 8,433 8,734 Late Fee Income 0 480 817 1,252 Other income 0 1,290 5,774 0 Special Assessments 0 0 0 Total Income 172,700 171,918 166,307 159,307 EXPENSES General & Administrative Auditing 4,300 3,450 1,395 1,395 Bank Service Charges 0 0 0 Corporate Fees 300 (57) 381 Legal 7,000 6,845 8,232 3,338 Management Fees 18,000 17,004 17,000 16,600 Miscellaneous 1,200 2,351 1,502 571 NSF Check Bank Fees 0 0 0 Office Expense/Printing 3,200 3,689 4,199 2,886 Postage 600 375 556 Property Insurance 42,000 40,061 37,902 34,086 Taxes 2,400 2,250 3,450 2,632 Total General & Administrative 79,000 75,967 73,680 62,445 Maintenance and Utilities Building/Fence/Grounds 35,500 68,558 38,919 37,213 Insured Repairs 3,000 (24,413) (588) Lawn Care Contract 33,500 30,069 33,267 31,945 Roads/Sidewalks 5,000 5,448 4,775 3,238 Swimming Pool 5,000 4,793 5,504 5,049 Pond 4,800 4,748 3,908 4,649 Termite Inspection/Treatment 2,700 2,732 2,696 2,670 Utilities/Water 1,200 1,214 1,337 614 Utilities/Electric 3,000 2,972 2,634 2,962 Total Maintenance and Utilities 93,700 96,119 93,040 87,752 Total Expenses 172,700 172,086 166,720 150,197 Net Change in Equity 0 (168) (413) 9,110 Transactions Affecting Reserve Accounts Reserve Allocation 87,000 84,000 86,850 81,000 Interest Earmed 0 0 0 0 Transfer to Operating Account 0 0 0 0 Reserve Expenditures 0 47,955 151,674 48,535 87,000 36,045 (64,824) 32,465 Net funds required 87,000 35,878 (65,237) 41,575

Pages 5–7

86,850 81,000 Interest Earmed 0 0 0 0 Transfer to Operating Account 0 0 0 0 Reserve Expenditures 0 47,955 151,674 48,535 87,000 36,045 (64,824) 32,465 Net funds required 87,000 35,878 (65,237) 41,575 Monthly payment per unit (108 units) $200 $195 $190 $180 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Actual 2013 $151,040 7,951 1,006 547 0 160,544 1,395 0 183 3,608 15,996 323 0 5,404 29,006 2,364 58,917 41,128 280 30,450 1,945 4,320 4,063 2,644 667 2,876 88,373 147,290 13,254 78,000 0 0 41,150 36,850 50,104 $175 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Projected Actual 2016 2015 2014 2013 INCOME Association Fees 162,800 226,923 149,311 151,040 Interest Income 0 12,648 8,734 7,951 Late Fee Income 0 1,301 1,252 1,006 Other income 0 3,843 0 547 Special Assessments 0 0 0 0 0 0 Total Income 162,800 244,715 159,307 160,544 EXPENSES General & Administrative Auditing 1,500 1,395 1,395 1,395 Bank Service Charges 300 126 0 0 Corporate Fees 300 38 381 183 Legal 4,200 9,765 3,338 3,608 Management Fees 17,000 25,500 16,600 15,996 Miscellaneous 1,200 2,087 571 323 NSF Check Bank Fees 0 0 0 0 Office Expense/Printing 2,700 5,015 2,886 5,404 Postage 600 1,287 556 0 Property Insurance 35,000 51,248 34,086 29,006 Taxes 2,700 3,450 2,632 2,364 Total General & Administrative 65,500 99,909 62,445 58,917 Maintenance and Utilities Building/Fence/Grounds 42,000 45,899 37,213 41,128 Insured Repairs 3,000 (1,745) (588) 280 Lawn Care Contract 32,000 49,905 31,945 30,450 Roads/Sidewalks 4,000 7,163 3,238 1,945 Swimming Pool 4,000 8,253 5,049 4,320 Pond 5,400 5,859 4,649 4,063 Termite Inspection/Treatment 2,700 2,696 2,670 2,644 Utilities/Water 1,200 2,004 614 667 Utilities/Electric 3,000 3,951 2,962 2,876 Total Maintenance and Utilities 97,300 123,985 87,752 88,373

Pages 7–9

9 4,063 Termite Inspection/Treatment 2,700 2,696 2,670 2,644 Utilities/Water 1,200 2,004 614 667 Utilities/Electric 3,000 3,951 2,962 2,876 Total Maintenance and Utilities 97,300 123,985 87,752 88,373 Total Expenses 162,800 223,894 150,197 147,290 Net Change in Equity 0 20,821 9,110 13,254 Transactions Affecting Reserve Accounts Reserve Allocation 87,000 84,000 81,000 78,000 Interest Earmed 0 0 0 0 Transfer to Operating Account 0 0 0 0 Reserve Expenditures 0 120,000 48,535 41,150 87,000 (36,000) 32,465 36,850 Net funds required 87,000 (15,179) 41,575 50,104 Monthly payment per unit (108 units) $195 $190 $180 $175 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Actual 2012 218,132 7,533 668 0 0 226,333 1,345 0 210 2,919 15,300 225 0 5,209 254 28,916 946 55,324 64,364 0 28,742 0 6,819 5,168 2,618 964 3,158 111,833 167,157 59,176 (61,020) 0 32,000 (39,322) (68,342) (9,166) $165 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Projected Actual 2015 2014 2013 2012 INCOME Association Fees $162,800 220,728 151,040 218,132 Interest Income 0 13,100 7,951 7,533 Late Fee Income 0 1,877 1,006 668 Other income 0 3,240 547 0 Special Assessments 0 0 0 0 0 0 Total Income 162,800 238,944 160,544 226,333 0 EXPENSES 0 General & Administrative 0 Auditing 1,500 1,395 1,395 1,345 Bank Service Charges 300 0 0 0 Corporate Fees 300 534 183 210 Legal 4,200 5,338 3,608 2,919 Management Fees 17,000 24,896 15,996 15,300 Miscellaneous 1,200 857 323 225 NSF Check Bank Fees 0 0 0 0 Office Expense/Printing 2,700 4,328 5,404 5,209 Postage 600 833 0 254 Property Insurance 35,000 51,129 29,006 28,916 Taxes 2,700 2,657 2,364 946 0 Total General & Administrative 65,500 91,965 58,917 55,324 0 Maintenance and Utilities 0 Building/Fence/Grounds 42,000 55,818 41,128 64,364

Pages 9–11

Taxes 2,700 2,657 2,364 946 0 Total General & Administrative 65,500 91,965 58,917 55,324 0 Maintenance and Utilities 0 Building/Fence/Grounds 42,000 55,818 41,128 64,364 Insured Repairs 3,000 (881) 280 0 Lawn Care Contract 32,000 47,921 30,450 28,742 Roads/Sidewalks 4,000 4,859 1,945 0 Swimming Pool 4,000 7,574 4,320 6,819 Pond 5,400 6,974 4,063 5,168 Termite Inspection/Treatment 2,700 2,670 2,644 2,618 Utilities/Water 1,200 921 667 964 Utilities/Electric 3,000 4,443 2,876 3,158 0 Total Maintenance and Utilities 97,300 130,298 88,373 111,833 0 Total Expenses 162,800 222,263 147,290 167,157 0 Net Change in Equity 0 16,682 13,254 59,176 0 Transactions Affecting Reserve Accounts 0 Reserve Allocation 84,000 0 78,000 (61,020) Interest Earmed 0 0 0 0 Transfer to Operating Account 0 0 0 32,000 Reserve Expenditures 0 0 41,150 (39,322) 0 84,000 0 36,850 (68,342) 0 Net funds required 84,000 16,682 50,104 (9,166) 0 0 Monthly payment per unit (108 units) $190 $180 $175 $165 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Actual 2011 212,655 3,795 1,268 495 0 218,213 1,295 147 208 2,975 14,400 400 0 498 384 26,575 0 46,882 30,939 2,860 32,671 1,112 6,098 4,189 6,925 1,160 2,854 88,808 135,690 82,523 (64,541) 0 6,000 (7,164) (65,705) 16,818 $165 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Projected Actual 2014 2013 2012 2011 INCOME Association Fees 233,300 226,887 218,132 212,655 Interest Income 0 5,867 7,533 3,795 Late Fee Income 0 1,242 668 1,268 Other income 0 1,388 0 495 Special Assessments 0 0 0 0 Total Income 233,300 235,383 226,333 218,213 EXPENSES General & Administrative Auditing 1,500 1,395 1,345 1,295 Bank Service Charges 300 0 0 147 Corporate Fees 300 38 210 208 Legal 4,200 3,002 2,919 2,975

Pages 11–13

l Income 233,300 235,383 226,333 218,213 EXPENSES General & Administrative Auditing 1,500 1,395 1,345 1,295 Bank Service Charges 300 0 0 147 Corporate Fees 300 38 210 208 Legal 4,200 3,002 2,919 2,975 Management Fees 16,600 15,996 15,300 14,400 Miscellaneous 1,200 260 225 400 NSF Check Bank Fees 0 0 0 0 Office Expense/Printing 1,500 6,243 5,209 498 Postage 900 678 254 384 Property Insurance 29,400 24,231 28,916 26,575 Taxes 2,700 2,364 946 0 Total General & Administrative 58,600 54,206 55,324 46,882 Maintenance and Utilities Building/Fence/Grounds 38,500 45,420 64,364 30,939 Insured Repairs 3,000 420 0 2,860 Lawn Care Contract 32,000 30,915 28,742 32,671 Roads/Sidewalks 3,600 2,918 0 1,112 Swimming Pool 6,600 3,956 6,819 6,098 Pond 5,400 3,831 5,168 4,189 Termite Inspection/Treatment 2,700 2,644 2,618 6,925 Utilities/Water 1,200 461 964 1,160 Utilities/Electric 3,000 2,849 3,158 2,854 Total Maintenance and Utilities 96,000 93,412 111,833 88,808 Total Expenses 154,600 147,618 167,157 135,690 Net Change in Equity 78,700 87,765 59,176 82,523 Transactions Affecting Reserve Accounts Reserve Allocation (81,000) (78,000) (61,020) (64,541) Interest Earmed 0 0 0 0 Transfer to Operating Account 0 36,000 32,000 6,000 Reserve Expenditures 0 (33,296) (39,322) (7,164) (81,000) (75,296) (68,342) (65,705) Net funds required (2,300) 12,469 (9,166) 16,818 Monthly payment per unit (108 units) $180 $175 $165 $165 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Actual 2010 204,836 867 2,149 945 0 208,797 1,250 807 206 1,476 14,280 3,057 (50) 464 335 24,460 0 46,285 39,585 1,682 25,449 4,528 6,338 3,510 7,428 1,300 2,615 92,435 138,720 70,077 (63,712) 0 35,275 (58,144) (86,581) (16,504) $160 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Projected Actual

585 1,682 25,449 4,528 6,338 3,510 7,428 1,300 2,615 92,435 138,720 70,077 (63,712) 0 35,275 (58,144) (86,581) (16,504) $160 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Projected Actual 2013 2012 2011 2010 2009 INCOME Association Fees $227,400 $227,867 $212,655 $204,836 $199,675 Interest Income 0 4,727 3,795 867 933 Late Fee Income 0 848 1,268 2,149 2,247 Other income 0 0 495 945 0 Special Assessments 0 0 0 0 0 Total Income 227,400 233,441 218,213 208,797 202,855 EXPENSES General & Administrative Auditing 1,500 1,345 1,295 1,250 1,200 Bank Service Charges 300 0 147 807 931 Corporate Fees 300 38 208 206 206 Legal 4,200 3,884 2,975 1,476 596 Management Fees 16,000 15,300 14,400 14,280 13,608 Miscellaneous 1,200 0 400 3,057 0 NSF Check Bank Fees 0 0 0 (50) 0 Office Expense/Printing 1,200 552 498 464 793 Postage 900 251 384 335 497 Property Insurance 29,400 25,746 26,575 24,460 24,000 Taxes 1,200 1,419 0 0 528 Total General & Administrative 56,200 48,534 46,882 46,285 42,359 Maintenance and Utilities Building/Fence/Grounds 38,500 58,266 30,939 39,585 18,195 Insured Repairs 3,000 0 2,860 1,682 2,405 Lawn Care Contract 29,200 30,623 32,671 25,449 25,825 Roads/Sidewalks 3,600 0 1,112 4,528 1,190 Swimming Pool 6,600 7,374 6,098 6,338 5,195 Pond 5,400 5,511 4,189 3,510 5,817 Termite Inspection/Treatment 2,700 3,927 6,925 7,428 6,809 Utilities/Water 1,200 941 1,160 1,300 1,014 Utilities/Electric 3,000 3,171 2,854 2,615 3,813 Total Maintenance and Utilities 93,200 109,812 88,808 92,435 70,263 Total Expenses 149,400 158,346 135,690 138,720 112,622 Net Change in Equity 78,000 75,095 82,523 70,077 90,233 Transactions Affecting Reserve Accounts Reserve Allocation (78,000) (63,750) (64,541) (63,712) (94,228) Interest Earmed 0 0 0 0 (773)

Page 14

20 112,622 Net Change in Equity 78,000 75,095 82,523 70,077 90,233 Transactions Affecting Reserve Accounts Reserve Allocation (78,000) (63,750) (64,541) (63,712) (94,228) Interest Earmed 0 0 0 0 (773) Transfer to Operating Account 0 8,000 6,000 35,275 0 Reserve Expenditures 0 (22,520) (7,164) (58,144) 0 (78,000) (78,270) (65,705) (86,581) (95,001) Total funds required 0 (3,175) 16,818 (16,504) (4,768) Net Income (Loss) Monthly payment per unit (108 units) $175 $165 $165 $160 $160 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Projected Actual 2012 2011 2010 2009 2008 INCOME Association Fees $214,200 $213,938 $204,836 $199,675 $200,927 Interest Income 0 2,849 867 933 3,735 Late Fee Income 0 1,472 2,149 2,247 1,315 Other income 0 743 945 0 0 Special Assessments 0 0 0 0 0 Total Income 214,200 219,000 208,797 202,855 205,977 EXPENSES General & Administrative Auditing 1,500 1,295 1,250 1,200 395 Bank Service Charges 300 168 807 931 493 Corporate Fees 300 38 206 206 170 Legal 3,000 2,075 1,476 596 5,313 Management Fees 15,300 14,400 14,280 13,608 13,608 Miscellaneous 1,200 300 3,057 0 736 NSF Check Bank Fees 0 0 (50) 0 (25) Office Expense/Printing 1,200 302 464 793 3,433 Postage 900 342 335 497 398 Property Insurance 27,600 23,445 24,460 24,000 17,848 Taxes 1,200 0 0 528 989 Total General & Administrative 52,500 42,364 46,285 42,359 43,358 Maintenance and Utilities Building/Fence/Grounds 33,000 26,495 39,585 18,195 37,607 Insured Repairs 3,000 0 1,682 2,405 1,920 Lawn Care Contract 28,200 26,112 25,449 25,825 25,193 Roads/Sidewalks 3,600 1,668 4,528 1,190 612 Swimming Pool 6,600 5,534 6,338 5,195 5,251 Pond 5,400 5,141 3,510 5,817 9,763 Termite Inspection/Treatment 2,700 10,388 7,428 6,809 7,819 Utilities/Water 1,200 972 1,300 1,014 576

Pages 14–15

668 4,528 1,190 612 Swimming Pool 6,600 5,534 6,338 5,195 5,251 Pond 5,400 5,141 3,510 5,817 9,763 Termite Inspection/Treatment 2,700 10,388 7,428 6,809 7,819 Utilities/Water 1,200 972 1,300 1,014 576 Utilities/Electric 3,000 2,784 2,615 3,813 3,054 Total Maintenance and Utilities 86,700 79,092 92,435 70,263 91,795 Total Expenses 139,200 121,456 138,720 112,622 135,153 Net Change in Equity 75,000 97,545 70,077 90,233 70,824 Transactions Affecting Reserve Accounts Reserve Allocation (75,000) (69,812) (63,712) (94,228) (53,006) Interest Earmed 0 0 0 (773) (1,517) Transfer to Operating Account 0 0 35,275 0 18,880 Reserve Expenditures 0 0 (58,144) 0 (18,880) (75,000) (69,812) (86,581) (95,001) (54,523) Total funds required 0 27,733 (16,504) (4,768) 16,301 Net Income (Loss) Monthly payment per unit (108 units) $165 $165 $160 $160 $155 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Projected Actual 2011 2010 2009 2008 INCOME Association Fees $214,500 $209,238 $199,675 $200,927 Interest Income 0 1,280 933 3,735 Late Fee Income 0 2,669 2,247 1,315 Other income 0 1,418 0 0 Special Assessments 0 0 0 0 Total Income 214,500 214,604 202,855 205,977 EXPENSES General & Administrative Auditing 1,200 1,250 1,200 395 Bank Service Charges 900 704 931 493 Corporate Fees 300 38 206 170 Legal 6,000 2,144 596 5,313 Management Fees 14,400 14,280 13,608 13,608 Miscellaneous 900 710 0 736 NSF Check Bank Fees 0 (75) 0 (25) Office Expense/Printing 1,200 387 793 3,433 Postage 600 63 497 398 Property Insurance 24,000 22,008 24,000 17,848 Taxes 900 0 528 989 Total General & Administrative 50,400 41,507 42,359 43,358 Maintenance and Utilities Building/Fence/Grounds 33,000 52,545 18,195 37,607 Insured Repairs 6,000 2,523 2,405 1,920 Lawn Care Contract 28,200 25,541 25,825 25,193

Pages 15–16

strative 50,400 41,507 42,359 43,358 Maintenance and Utilities Building/Fence/Grounds 33,000 52,545 18,195 37,607 Insured Repairs 6,000 2,523 2,405 1,920 Lawn Care Contract 28,200 25,541 25,825 25,193 Roads/Sidewalks 3,000 4,962 1,190 612 Swimming Pool 6,000 7,205 5,195 5,251 Pond 4,800 2,618 5,817 9,763 Termite Inspection/Treatment 8,500 7,428 6,809 7,819 Utilities/Water 900 728 1,014 576 Utilities/Electric 4,200 2,583 3,813 3,054 Total Maintenance and Utilities 94,600 106,131 70,263 91,795 Total Expenses 145,000 147,638 112,622 135,153 Net Change in Equity 69,500 66,966 90,233 70,824 Transactions Affecting Reserve Accounts Reserve Allocation (69,500) (69,504) (94,228) (53,006) Interest Earmed 0 0 (773) (1,517) Transfer to Operating Account 0 20,275 0 18,880 Reserve Expenditures 0 (22,080) 0 (18,880) (69,500) (71,309) (95,001) (54,523) Total funds required $0 ($4,344) ($4,768) $16,301 Net Income (Loss) 165.50925926 160 160 155 Monthly payment per unit (108 units) $155 $155 $150 $145 WESTGATE OF WILLIAMSBURG HOA PROPOSED FISCAL BUDGET Budget Actual 2009 2007 2006 INCOME Association Fees $201,300 $200,237 $194,855 $185,101 Interest Income 0 3,641 2,708 962 Late Fee Income 0 671 3,774 2,713 Other income 0 0 0 0 Special Assessments 0 0 0 0 Total Income 201,300 204,548 201,338 188,776 EXPENSES General & Administrative Auditing 600 0 395 300 Bank Service Charges 600 497 1,211 171 Corporate Fees 300 38 0 0 Legal 6,000 6,707 4,846 16,477 Management Fees 13,600 13,608 12,518 12,106 Miscellaneous 600 467 637 531 NSF Check Bank Fees 0 (38) (25) 0 Office Expense/Printing 1,200 3,192 920 975 Postage 600 317 359 224 Property Insurance 24,000 18,082 34,879 28,398 Taxes 900 938 60 25 Total General & Administrative 48,400 43,806 55,800 59,207 Maintenance and Utilities

Pages 16–19

ting 1,200 3,192 920 975 Postage 600 317 359 224 Property Insurance 24,000 18,082 34,879 28,398 Taxes 900 938 60 25 Total General & Administrative 48,400 43,806 55,800 59,207 Maintenance and Utilities Building/Fence/Grounds 27,000 31,293 30,768 69,968 Insured Repairs 9,000 0 0 653 Lawn Care Contract 27,000 39,597 36,351 24,365 Roads/Sidewalks 3,000 108 0 0 Swimming Pool 4,200 3,870 4,123 3,018 Pond 3,600 1,766 733 0 Termite Inspection/Treatment 7,200 8,015 2,525 578 Utilities/Water 300 111 131 80 Utilities/Electric 3,600 2,661 3,781 2,249 Total Maintenance and Utilities 84,900 87,420 78,410 100,911 Total Expenses 133,300 131,226 134,211 160,118 Net Change in Equity 68,000 73,322 67,127 28,658 Transactions Affecting Reserve Accounts Reserve Allocation (68,000) (69,000) (57,225) (41,600) Interest Earmed 0 (2,276) (2,919) 0 Transfer to Operating Account 0 17,624 0 0 Reserve Expenditures 0 (18,880) 0 0 (68,000) (72,532) (60,144) (41,600) Total funds required $0 $791 $6,983 ($12,942) Net Income (Loss) Monthly payment per unit (108 units) $155 $155 $150 $145 Projected 2008 Governing Documents Westgate at Williamsburg A Condominium Association Inc Articles of Incorporation Articles of Incorporation EXHIBIT C ARTICLES OF INCORPORATION OF WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

ARTICLE I NAME The name of the corporation is Westgate at Williamsburg Condominium Association, Inc., hereafter called the "corporation" or the "Unit Owners Association ".

ONDOMINIUM ASSOCIATION, INC.

ARTICLE I NAME The name of the corporation is Westgate at Williamsburg Condominium Association, Inc., hereafter called the "corporation" or the "Unit Owners Association ".

ARTICLE II PURPOSES The Unit Owners Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for the management, maintenance and care of the real estate known as "Westgate at Williamsburg, a Condominium" located in the City of Williamsburg, Virginia, as more particularly described in the Declaration of Condominium of Westgate at Williamsburg, a Condominium, dated May 28, 1999, made by 752 L.L.C., a Virginia limited liability company, ( "Declarant, which term shall include successors as provided in the Declaration ") recorded in the Clerk's Office of the Circuit Court of the City of Williamsburg, Virginia, on June 3, 1999, as Instrument #990742, as the same may from time to time be amended (the "Declaration "), and to provide a means whereby the Unit Owners, acting together, may provide for the acquisition, construction, management, maintenance and care of the Condominium, and for this purpose to: (a) enforce the Declaration and Bylaws and exercise all of the powers and privileges and perform all of the duties and obligations of the Unit Owners Association; (b) fix, levy, collect and enforce payment by any lawful means of, all charges or assessments pursuant to the Declaration and Bylaws; (c) pay all Common Expenses of the Condominium; (d) subject to the Declaration and the Bylaws, acquire, own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Unit Owners Association; and (e) have and exercise any and all powers, rights and privileges which a corporation organized under the Virginia Nonstock Corporation Act may by law now or hereafter have or exercise.

Association; and (e) have and exercise any and all powers, rights and privileges which a corporation organized under the Virginia Nonstock Corporation Act may by law now or hereafter have or exercise.

EXHIBIT C ARTICLES OF INCORPORATION OF WESTGATE AT WILLIAMSBURG CONDOMNWh4 ASSOCIATION, INC.

ARTICLE I NAME The name of the corporation is Westgate at Williamsbnrg Condominium Association, Inc., hereafter called the "corporation" or the "Unit Owners Association".

ARTICLE 11 PURPOSES The Unit Owners Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for the management, mamtenance and care of the real estate known as "Westgate at Williamsbnrg, a Condominium" located in the City of Williamsburg, Virginia, as more particularly described in the Declaration of Condominium of Westgate at Williamsbnrg, a Condominium, dated May 28, 1999, made by 752 L.L.C., a Virginia limited liability company, ("Declarant, which term shall include successors as provided in the Declaration") recorded in the Clerk's Office of the Circuit Court of the City of Williamsburg, Virginia, on June 3,1999, as Instrument #990742, as the same may from time to time be amended (the "Declaration"), and to provide a means whereby the Unit Owners, acting together, may provide for the acquisition, construction, management, maintenance and care of the Condominium, and for this purpose to: (a) enforce the Declaration and Bylaws and exercise all of the powers and privileges and perform all of the duties and obligations of the Unit Owners Association; @) fix, levy, collect and enforce payment by any lawful means of, all charges or assessments pursuant to the Declaration and Bylaws; (c) pay all

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duties and obligations of the Unit Owners Association; @) fix, levy, collect and enforce payment by any lawful means of, all charges or assessments pursuant to the Declaration and Bylaws; (c) pay all Common Expenses of the Condominium; (d) subject to the Declaration and the Bylaws, acquire, own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Unit Owners Association; and (e) have and exercise any and all powers, rights and privileges which a corporation organized under the Virginia Nonstock Corporation Act may by law now or hereafter have or exercise.

ARTICLE III DEFINITIONS Except as expressly defined herein, all capitalized terms used herein shall have the respective meanings set forth in the Declaration or in the Bylaws of this corporation.

ARTICLE IV MEMBERSHIP Every Unit Owner shall be a member of this Unit Owners Association. Upon conveyance of fee simple title to any Unit to a purchasing Unit Owner, the purchasing Unit Owner shall become a member of this Unit Owners Association and the membership of the selling Unit Owner shall terminate.

ARTICLE V VOTING RIGHTS Each Unit Owner shall have a vote in proportion to his respective Percentage Interest in the Condominium.

ociation and the membership of the selling Unit Owner shall terminate.

ARTICLE V VOTING RIGHTS Each Unit Owner shall have a vote in proportion to his respective Percentage Interest in the Condominium.

ARTICLE VI REGISTERED OFFICE AND AGENT The address of the initial registered office of the Unit Owners Association, which is located in the City of Newport News, Virginia, is c/o Kaufman & Canoles, 11817 Canon Boulevard, Suite 408, Newport News, Virginia 23606. The initial registered agent of the Unit Owners Association is Elizabeth L. White, Esq., who is a resident of Virginia and a member of the Virginia State Bar and whose business office is identical with the registered office.

2 ARTICLE I11 DEFINITIONS Except as expressly defined herein, all capitalized terms used herein shall have the respective meanings set forth in the Declaration or in the Bylaws of this corporation.

ARTICLE V VOTING RIGHTS Each Unit Owner shall have a vote in proportion to his respective Percentage Interest in the Condominium.

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, 11817 Canon Boulevard, Suite 408, Newport News, Virginia 23606. The initial registered agent of the Unit Owners Association is Elizabeth L. White, Esq., who is a resident of Virginia and a member of the Virginia State Bar and whose business office is identical with the registered office.

to ARTICLE VII BOARD OF DIRECTORS A. The number of directors constituting the initial Board of Directors is three (3), and their names and addresses are: A. Pete Kotarides P. O. Box 12136 Norfolk, Virginia 23541 Pete A. Kotarides P. O. Box 12136 Norfolk, Virginia 23541 Pete O. Kotarides P. O. Box 12136 Norfolk, Virginia 23541 Except for the initial Board of Directors and as provided below, the number of directors shall be as established by the Bylaws, or in the absence of such a bylaw shall be five (5).

B. Until the expiration of the Period of Declarant Control (during which time members do not elect the Board of Directors), and thereafter until their successors have been elected by the Unit Owners, the Board of Directors shall consist of persons designated by the Declarant. Declarant shall have the right in its sole discretion to remove directors during the Period of Declarant Control and to designate their successors.

hall consist of persons designated by the Declarant. Declarant shall have the right in its sole discretion to remove directors during the Period of Declarant Control and to designate their successors.

C. At the first meeting of the Unit Owners Association following termination of the Period of Declarant Control (which meeting shall be held within thirty days after the termination of the Period of Declarant Control), directors shall be elected by the members of the Unit Owners Association. The members of the Board of Directors so elected shall hold office until the next annual meeting of the Unit Owners Association. Thereafter, elected directors shall hold office until the next annual meeting succeeding their election. Members of the Board of Directors shall be elected by oral ballot of the Unit Owners unless any Unit Owner requests written ballot, in which event members of the Board of Directors shall be elected by written ballot. D. Except with respect to directors designated by Declarant, at any meeting called for the purpose of removing a director, any one or more of the members of the Board of Directors may be removed with or without cause by a "Majority of the Unit Owners" (as defined in Article II of the Bylaws), and a successor may then and there be elected to fill the vacancy thus created. Notice of such meeting shall state that the purpose, or one of the purposes, of the meeting is the removal of the director(s). A member of the Board of Directors may resign at any ARTICLE VII BOARD OF DIRECTORS A. The number of directors constituting the initial Board of Directors is three (3), and their names and addresses are: A. Pete Kotarides P. 0. Box 12136 Norfolk, Virginia 23541 Pete A. Kotarides P. 0. Box 12136 Norfolk, Virginia 23541 Pete 0. Kotarides P. 0. Box 12136

s is three (3), and their names and addresses are: A. Pete Kotarides P. 0. Box 12136 Norfolk, Virginia 23541 Pete A. Kotarides P. 0. Box 12136 Norfolk, Virginia 23541 Pete 0. Kotarides P. 0. Box 12136 Norfolk, Virginia 23541 Except for the initial Board of Directors and as provided below, the number of directors shall be as established by the Bylaws, or in the absence of such a bylaw shall be five (5).

D. Except with respect to directors designated by Declarant, at any meeting called for the purpose of removing a director, any one or more of the members of the Board of

Page 22

be elected by written ballot.

D. Except with respect to directors designated by Declarant, at any meeting called for the purpose of removing a director, any one or more of the members of the Board of Directors may be removed with or without cause by a "Majority of the Unit Owners" (as defined in Article II of the Bylaws), and a successor may then and there be elected to fill the vacancy thus created. Notice of such meeting shall state that the purpose, or one of the purposes, of the meeting is the removal of the director(s). A member of the Board of Directors may resign at any time in accordance with Va. Code Ann. Section 13.1 -859.

E. Vacancies in the Board of Directors caused by any reason other than the removal of a director by a vote of the Unit Owners Association shall be filled by a vote of the majority of the remaining directors at a special meeting of the Board of Directors held for such purpose promptly after the occurrence of such vacancy. Each person so elected shall be a member of the Board of Directors until the next meeting of the Unit Owners Association at which directors are elected. Notwithstanding anything to the contrary in this Paragraph E or in the preceding Paragraph D, until the expiration of the Period of Declarant Control the Declarant shall designate the successor to any resigned or removed director previously designated by the Declarant. ARTICLE VIII INDEMNIFICATION

l the expiration of the Period of Declarant Control the Declarant shall designate the successor to any resigned or removed director previously designated by the Declarant. ARTICLE VIII INDEMNIFICATION A. Definitions. For purposes of this Article the following definitions shall apply: "corporation" means this Corporation only and no predecessor entity or other legal entity. "expenses" include counsel fees, expert witness fees, and costs of investigation, litigation and appeal, as well as any amounts expended in asserting a claim for indemnification. "liability" means the obligation to pay a judgment, settlement, penalty, fine, or other such obligation, including, without limitation, any excise tax assessed with respect to an employee benefit plan. "legal entity" means a corporation, partnership, joint venture, trust, employee benefit plan or other enterprise. "predecessor entity" means a legal entity the existence of which ceased upon its acquisition by the Corporation in a merger or otherwise. "proceeding" means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative or investigative and whether formal or informal.

B. Limit on Liability. In every instance in which the Virginia Nonstock Corporation Act, as it exists on the date hereof or may hereafter be amended, permits the limitation or elimination of liability of directors or officers of a corporation to the corporation or its members, the directors and officers of this Corporation shall not be liable to the Corporation or its Members.

mination of liability of directors or officers of a corporation to the corporation or its members, the directors and officers of this Corporation shall not be liable to the Corporation or its Members.

C. Indemnification of Directors and Officers. The Corporation shall indemnify any individual who is, was or is threatened to be made a party to a proceeding (including a proceeding by or in the right of the Corporation or by or on behalf of its Members) because such 4 &, . time in accordance with Va. Code Ann. Section 13.1-859.

ARTICLE VIII INDEMNIFICATION A. Definitions. For purposes of this Article the following definitions shall apply: "corporation" means this Corporation only and no predecessor entity or other legal entity.

"expenses" include counsel fees, expert witness fees, and costs of investigation, litigation and appeal, as well as any amounts expended in asserting a claim for indemnification.

"liability" means the obligation to pay a judgment, settlement, penalty, fine, or other such

Page 23

stigation, litigation and appeal, as well as any amounts expended in asserting a claim for indemnification.

"liability" means the obligation to pay a judgment, settlement, penalty, fine, or other such obligation, including, without limitation, any excise tax assessed with respect to an employee benefit plan.

"legal entity" means a corporation, partnership, joint venture, trust, employee benefit plan or other enterprise.

"predecessor entity" means a legal entity the existence of which ceased upon its acquisition by the Corporation in a merger or otherwise.

"proceeding" means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative or investigative and whether formal or informal.

C. Indemnification of Directors and Officers. The Corporation shall indemnify any individual who is. was or is threatened to be made a party to a vroceeding (including a proceeding by or in the right of the Corporation or by or on behalf of its Members) &cause such

indemnify any individual who is. was or is threatened to be made a party to a vroceeding (including a proceeding by or in the right of the Corporation or by or on behalf of its Members) &cause such individual is or was a director or officer of the Corporation or because such individual is or was serving the Corporation, or any other legal entity in any capacity at the request of the Corporation while a director or officer of the Corporation, against all liabilities and reasonable expenses incurred in the proceeding except such liabilities and expenses as are incurred because of such individual's willful misconduct or knowing violation of the criminal law. Service as a director or officer of a legal entity controlled by the Corporation shall be deemed service at the request of the Corporation. The determination that indemnification under this Section C is permissible and the evaluation as to the reasonableness of expenses in a specific case shall be made, in the case of a director, as provided by law, and in the case of an officer, as provided in Section D of this Article; provided, however, that if a majority of the directors of the Corporation has changed after the date of the alleged conduct giving rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming indemnification, be made by special legal counsel agreed upon by the Board of Directors and such person. Unless a determination has been made that indemnification is not permissible, the Corporation shall make advances and reimbursements for expenses incurred by a director or officer in a proceeding upon receipt of an undertaking from such director of officer to repay the same if it is ultimately determined that such director of officer is not entitled to indemnification. Such undertaking shall be an unlimited, unsecured general obligation of the director or officer and shall be accepted without reference to such director's or officer's ability to make repayment. The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that a director or officer acted in such a manner as to make such director or officer ineligible for indemnification. The Corporation is authorized to contract in advance to indemnify and make advances and reimbursements for expenses to any of its directors or officers to the same extent provided in this Section C.

. The Corporation is authorized to contract in advance to indemnify and make advances and reimbursements for expenses to any of its directors or officers to the same extent provided in this Section C.

D. Indemnification of Others. The Corporation may, to a lesser extent or to the same extent that it is required to provide indemnification and make advances and reimbursements for expenses to directors and officers pursuant to Section C, provide indemnification and make advances and reimbursements for expenses to its employees and agents, the directors, officers, employees and agents of its subsidiaries and predecessor entities, and any person serving any other legal entity in any capacity at the request of the Corporation, and may contract in advance to do so. The determination that indemnification under this Section D is permissible, the authorization of such indemnification and the evaluation as to the reasonableness of expenses in a specific case shall be made as authorized from time to time by general or specific action of the Board of Directors, which action may be taken before or after a claim for indemnification is made, or as otherwise provided by law. No person's rights under Section C of this Article shall be limited by the provisions of this Section )).

E. Miscellaneous. The rights of each person entitled to indemnification under this Article shall inure to the benefit of such person's heirs, executors and administrators. Special legal counsel selected to make determinations under this Article may be counsel for the Corporation. Indemnification pursuant to this Article shall not be exclusive of any other right of indemnification to which any person may be entitled, including indemnification pursuant to a 5

or the Corporation. Indemnification pursuant to this Article shall not be exclusive of any other right of indemnification to which any person may be entitled, including indemnification pursuant to a 5 individual is or was a director or officer of the Corporation or because such individual is or was serving the Corporation, or any other legal entity in any capacity at the request of the Corporation while a director or officer of the Corporation, against all liabilities and reasonable expenses incurred in the proceeding except such liabilities and expenses as are incurred because of such individual's willful misconduct or knowing violation of the criminal law. Service as a director or officer of a legal entity controlled by the Corporation shall be deemed service at the request of the Corporation. The determination that indemnification under this Section C is permissible and the evaluation as to the reasonableness of expenses in a specific case shall be made, in the case of a director, as provided by law, and in the case of an officer, as provided in Section D of this Article; provided, however, that if a majority of the directors of the Corporation has changed after the date of the alleged conduct giving rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming indemnification, be made by special legal counsel agreed upon by the Board of Directors and such person. Unless a determination has been made that indemnification is not permissible, the Corporation shall make advances and reimbursements for expenses incurred by a director or officer in a proceeding upon receipt of an undertaking from such director of officer to repay the

issible, the Corporation shall make advances and reimbursements for expenses incurred by a director or officer in a proceeding upon receipt of an undertaking from such director of officer to repay the same if it is ultimately determined that such director of officer is not entitled to indemnification.

Such undertaking shall be an unlimited, unsecured general obligation of the director or officer and shall be accepted without reference to such director's or officer's ability to make repayment.

The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that a director or officer acted in such a manner as to make such director or officer ineligible for indemnification. The Corporation is authorized to conhact in advance to indemnify and make advances and reimbursements for expenses to any of its directors or officers to the same extent provided in this Section C.

Page 24

ct in advance to do so. The determination that indemnification under this Section D is permissible, the authorization of such indemnification and the evaluation as to the reasonableness of expenses in a specific case shall be made as authorized from time to time by general or specific action of the Board of Directors, which action may be taken before or after a claim for indemnification is made, or as otherwise provided by law. No person's rights under Section C of this Article shall be limited by the provisions of this section'^.

E. Miscellaneous. The rights of each person entitled to indemnification under this legal counsel selected to make determinations under this Article may be counsel for the Corporation. Indemnification pursuant to this Article shall not be exclusive of any other right of & indemnification to which any person may be entitled, including indemnification pursuant to a

or the Corporation. Indemnification pursuant to this Article shall not be exclusive of any other right of & indemnification to which any person may be entitled, including indemnification pursuant to a valid contract, indemnification by legal entities other than the corporation and indemnification under policies of insurance purchased and maintained by the Corporation or others. However, no person shall be entitled to indemnification by the Corporation to the extent such person is indemnified by another, including an insurer. The Corporation is authorized to purchase and maintain insurance against any liability it may have under this Article or to protect any of the persons named above against any liability arising from their request of the Corporation regardless of the Corporation's power to indemnify against such liability. The provisions of this Article shall not be deemed to preclude the Corporation from entering into contracts otherwise permitted by law with any individuals or legal entities, including those named above. If any provision of this Article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Article, and to this end the provisions of this Article are severable.

F. Amendments. No amendment, modification or repeal of this Article shall diminish the rights provided hereunder to any person arising from conduct or events occurring before the adoption of such amendment, modification or repeal.

IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Virginia, I, the undersigned incorporator, have executed these Articles of Incorporation this 3rd day of June, 1999.

WHEREOF, for the purpose of forming this corporation under the laws of the State of Virginia, I, the undersigned incorporator, have executed these Articles of Incorporation this 3rd day of June, 1999.

90045478.01 /' "606;it Eli <beth L. e, Esq., Incorporator 6 6. valid contract, indemnification by legal entities other than the corporation and indemnification under policies of insurance purchased and maintained by the Corporation or others. However, no person shall be entitled to indemnification by the Corporation to the extent such person is indemnified by another, including an insurer. The Corporation is authorized to purchase and maintain insurance against any liability it may have under this Article or to protect any of the persons named above against any liability arising from their request of the Corporation regardless of the Corporation's power to indemnify against such liability. The provisions of this Article shall not be deemed to preclude the Corporation from entering into contracts otherwise pennitted by law with any individuals or legal entities, including those named above. If any provision of this Article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Article, and to this end the provisions of this Article are severable.

F. Amendments. No amendment, modification or repeal of this Article shall diminish the rights provided hereunder to any person arising from conduct or events occurring - - before the adoption of such amendment, modification or repeal.

M WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Virginia, I, the undersigned incorporator, have executed these Articles of

Pages 25–26

ndment, modification or repeal.

M WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Virginia, I, the undersigned incorporator, have executed these Articles of Incorporation this 3rd day of June, 1999.

Amended and Restated Bylaws Amended and Restated Bylaws \O -110V CC. YrT b 's Listed on Attached "Exhibit A Q '741 AMENDMENT TO I HE BYLAWS t,}T WES I CA I k; AI WILLIAMSBURCi CONDOMINIUM ASSOCIATION, INC.

TITIS AMENDMENT to the Bylaws of Westgate at Williamsburg Condominium Talion, Inc, is made this day of Z-uac , 200$ by the members of the t at Williamsburg Condrmuuum Associatiort, Inc (hereafter, "Association "). SFIH: liafnsburg Condominium Association, Inc were recorded Tn the Cie k's Office o( the Cuculi Court of Wilhamsourg City and County of lames City, Vrz inla on Iune 3, 1999. as an attachment to the Declaration cif Condovuntum of [gate at ï3? lia burg; a Condominium (hercafîer, "Decimation") as Instrument ti 990742, 82, gl sue;, as amended (hereafter `Bylaws"); , pursuant to the Condor. f Virgin a, the Association was created ver the piopetty subjected to the Decimation; anger in the Declarant Control Paled, pursuant to 14 o the eor3sent. of the Declarant toth°s.s amendment is WHERE. pursuant to Article X, Section l of the Bylaws, Declataut Control Period the Bylaws may be amended as provided in 79 72:1 of the Condominium Act cad the Declataton, 'on of the and 55-

ndment is WHERE. pursuant to Article X, Section l of the Bylaws, Declataut Control Period the Bylaws may be amended as provided in 79 72:1 of the Condominium Act cad the Declataton, 'on of the and 55WHEREAS, prtrstrant to § 55.79 71(B) "the condominium instruments shall be angled . only agreement of unit owners of units to which two -thirds of the votes in the unit owners' association appertain, or such larger majority as the condotuiniutn instruments may specify," § 55-7Q 72.1 pertains to termination of the cendaminuurn and is not relevant beret WHEREAS, pursuant to Article IX, Section 1 of the Declaration amendments to the Bylaws "shall requite the egreemertt of Unit Owners of Units to which 67% of the votes in the Unit Owners Association appertain ;" WHEREAS, Article 11, Section 5 of the Bylaws taquins or regular meeting of the Unit Ownet' Association shall have been green to ea twenty-one (2)) but not more than sixty (60) days in advance of such meeting and notice of any other meeting shall be sent at least ten (I0) but not more than sixty (60) days in advance of such meeting, and Article VIII, Section 3 of the Bylaws requites that all Mortgagees requesting same are given notice seven days prior to the date for any meeting at which the Unit Owners may amend the Ccmdomirium Instruments.

E! &t GFIh'Fo 's Listed on AmichBd "Fxhibit A " &ticIe I, Section 14 of the Declslnrion. thus the wnmt of he Declsraot 13 Cqis amendment is %2-.,4S, pu-t tg $ttlicie X ! of tls upon mwatl d?tb.~ trat CQ&Q+ Period thn: Elytates may dad 815 pmviw is $8 35-7% 7X aod 5.77%72:1 &*Wmi&an&dkhi&,sCan; WHEREAS, PsWi to pbricle IX. Section I of !hc UL.cl&-&on ame~ldmrmts to thc

Page 27

tls upon mwatl d?tb.~ trat CQ&Q+ Period thn: Elytates may dad 815 pmviw is $8 35-7% 7X aod 5.77%72:1 &*Wmi&an&dkhi&,sCan; WHEREAS, PsWi to pbricle IX. Section I of !hc UL.cl&-&on ame~ldmrmts to thc Bylaws "shtlll req8quin. the tlg~eemt.nl of Unit Owners at llnirs to which 67% ot tkc volesin the WHEREAS, in accordance with Article Il, Section 5, and Axticle vils, Section 3 of the ylaws, the Association duly noun ed its membe ship and Mortgagees of the meeting to vote on these proposed Acnendrnents to the WHEREAS, at a duly called meetïsrg of the Rs iatlon's nieinberslrip ün the I16 days of 4 20Qe the Unit (lumen of lite Urrlfs to wh.clt at least of the voies iA Unit Qwnets Assocvtfion appertain, as evidettce{f by their votes, agreed to attd approved of the following Amendments to the Bylaws; WHEREAS, the Board of the Associai ionprcposcs this Amendment to the Bylaws, ia-tad contribution obligation to all subsequent Unit purchascis and which does dog power of existing Members of taise the amount of assessmc nt of existing I. The Bylaws ate hereby amc egging: ist accordance with the Act, the Bylaws of Westgate at hereby amended as follows:

nce with the Act, the Bylaws of Westgate at hereby amended as follows: (17) errpitgfizaton ut=4ssoela#on Upon acquisition of record taie to a Brut the Owner shall contribute to the working capital of the .isaocitaton ai amoam equal to iì of the arnouni of the annual assessment applicable at the Arne title to dr Unit is acqurred This umoinrt shall he in addìtwn re. not to lieu of the annual assessment levied on the Unit and shall not be considered an advance payment of any por tion thermal Vus amount shall be deposited ono the Association's general operating fund and dñsbwsed there to the Assoc/citron for use an couerirtg operrumg erpenscs and other expenses incurred by the Association pursuant to the terms of these Bylaws The Association may deem any default m the payment of these lies as apast the assessment date of this frionititintent shall be the dato; [The rest of this page i fi?.iaw, h Associatim duly mbfied ifs maba&ip eT?d Mmtg9gres of ihe meting to va~c oa fkse prupcd A-mtt to tfie Byhxw; WKT=RE;AS, af rr duly &led ming uf rhe miaticn's maWip en the, & damof 3-c- 20Q&.-, rhe Unit Ot4nas of the Units to vzhieh m Jeasr 67% ofthe vote iinh Unit Owners Assamson appittain, as ee&d by hir varis, agid ro wd mved of'& f01Iowing Amma6 $0 tFte ByfRws; wvhich adds a capital connibtilion ohligdcbn lo nil su&cr;ucm I ink purcb~s md which docs

Pages 28–29

inh Unit Owners Assamson appittain, as ee&d by hir varis, agid ro wd mved of'& f01Iowing Amma6 $0 tFte ByfRws; wvhich adds a capital connibtilion ohligdcbn lo nil su&cr;ucm I ink purcb~s md which docs not dilutc rhe voting [muqcr oi misting Mrrnhels oi r&se rhe mount cd eswssmnt of exisling NOW, THEEkOIU:. in considesarion ~f die for yoiag, in axordance with the Condurnlniun lnstrumenrs and be Vi-gima Condominium Act, the U~lows of Westgate at COMMONWEAL TH OF CITY/COUNTY OF pub b the Westgate at esatisfsctonly proven acknowledged that he/ ïhi Westgate at Williamsbutg C Vitginia non-stock corporation d notary resident of á.

Nntmy IN WITNESS WHEREOF, T havel2e COMMONWEALTH OF VIII CITY /COUNTY OF (,) Onthisr/fr.,dayof f-- ,2© 0 pu , personally apte the Westgate at Williamsburg Condominium Association, Inc. who it km sattsfactotily proven) to be the person whose name is subscribed to the foregoing ìn acknowledged mat he /she executed the same for the pwposas therein enflamed IN WITNESS WHEREOF, I have hereunto set official seal TMY

n) to be the person whose name is subscribed to the foregoing ìn acknowledged mat he /she executed the same for the pwposas therein enflamed IN WITNESS WHEREOF, I have hereunto set official seal TMY CERI IFI(tAIEOF THE PRESIDENT OF WI',vIC'i AIE AL 1rIL.LIr1MSBLdtG CONDOMINIUM ASSOCIATION, INC. The PI eut of Westgate at W ilïamsbutg Condom that the above Amendment to the Bylaws of Westgate á, lnc. was consented to and apps oued by the Unit Owners of the Unit Owners Assot.tatton appertain, pursuant t IX, Section 1 of the Declarauoa Westgate at Williamsburg, a n the City at Williamsburg, Virginia., and the original Declaration and Bylaws applicable tir Westgate at Williamsburg, a Condominium, are recorded to the Clerk's Office of the Cucita Court of tfte City at Wlliiatrsburg and County of tames City, Virginia, in Instrument Number 990742, as s}tbseq ae amendée/- or 1llglar0 Qresc ßi r President ak COMMONWEAL T F V7R .îlTïaEA tTTi#COITIOF r ; Ontill's fit day of ` 2ß vF3 , before sne, the uadetngned notary ptblic, personally appealed atl.t j cfsctnT1 , President at the Westgate at Wïllïamsbcug Condominium Assoatanrt7t In who is known to me for satisfactorily proven) to be the person whose name is subscribed to the foregoing rnstrumeot acknowledged that he/she executed the same for the pnnposes therein contained IN No Fi WHEREOF, I have Ttetetuttcn - 4> aA -rl ttt COMMONWEALTH Of VIRGINIA CITY/COUNTY OF On this it i' day of public, personally appeare the Westgate at Williamsburg Con satisfactorily proven) to be the person whose acknowledged that lie/she executed the same IN WITNESS WHEREOF, I have hot ration Number: Commission Expires: tl 3e /rt 4

Page 30

hose acknowledged that lie/she executed the same IN WITNESS WHEREOF, I have hot ration Number: Commission Expires: tl 3e /rt 4 etthe Bylaw and G%ie tX, Sdan i nl the Wka~ou Wwe zw Wilg Fretsdent

- 10-03-602 281-10.03-603. 281-10-03-604 281-10-02-701 281-10-02-702. 28140-02-703 281-10-02-704 281-10-27-801 281-10-27-802 281-10-27-803 281-10-27-804 281.10-08901 281-10-08-902 281-10-08403 231.10-08-904 28110-09-.1001 281-10-09-1002 281-10-09-1003 281-10-091004 281-10-11-1101. 281-10-114102 281-10-11-1103 281 -I0 -11 -1104 281. 10.12 -1201 281 -10- 121202 281 -10-12 -1203 281-10-12-1204 281 281-10-13-1301 281- 281-I0-13-1302 281-10-242401 281-10-13-1.303 281-10-24-2402 281-10-13-1304 281-10-24-2403 81-10-14-1401 28140-24-2404 -10-14-1402 281-10-25-2501 281-10-14-1403 281-10-25-2502 28110-141404 28140-25-2503 281-10-16-1501 281-10-25-2504 281-1046-1502 281-10-26-2601 281-10-16-1503 281-10-26-2602 281-10-16-1504 281-10-26.2603 281-10-174601 28Ï-10-26-2604 281-10-17-1602 282-08-01-2701 281-10-17-1603 282r08-41-2702 281-10-17-1604 282-08-01-2703 281-10-18-1701 282.08-01-2704 281-10-18-1702 281-10-184703 . . 281-10-184704 281-10-19-1801 281-10-19-1502 281-10-19-1803 281-10- 19-1804 28I-10-I5-1901 281-10-15-1902 281-10-15-19ó3 281- 281-10-20-20010-15-1904 1 281-10-20-2002 281-10-20-2003 v9X:iNip t171 OFW1lUAltSÔB 281-19-20-2004 rarstm a"( 281-10-21-2101 at 281-10-21-2102 2?1-I0-21-210 281-10-21-2104 28110-22-2201 281-10-22-2202 ttoosimposedtv 48141eebeen TAX LSt TAX 2g2a-10-102 2@48- 10-1 03 282;08-10-iM 282-08-07-Zl 282 4%-07-203 262-08.07-204 2B-(iS-W301 28M8-06-302 28268-M-303 W-08d6-304 28G10-0541 21514 065-402 282-1W5281-10-05-404 281-10-04-5a1 Z81-10W502 2Sl-1W503 ;181-1W504 281-lW3-601 2g1- 1 W3.602 %1-EMM3 281-1-604 2E11-fW701

Page 31

-204 2B-(iS-W301 28M8-06-302 28268-M-303 W-08d6-304 28G10-0541 21514 065-402 282-1W5281-10-05-404 281-10-04-5a1 Z81-10W502 2Sl-1W503 ;181-1W504 281-lW3-601 2g1- 1 W3.602 %1-EMM3 281-1-604 2E11-fW701 281-1 0-02-702 283- l@m-m3 2g1-1@42-?04 ZBi-10-2?-$61 2P(I-if3-27-803 28 1-10-27aad 283-IO-08-3Q1 Sf-1048-9M ;i%2-ia-aw3 29E-I&0%904 %I-I@-09-1 001 281-lW-lPfiZ 281-10-09-1003 Df-ID-09-1W Zgl-50-1 I -1 IDS 281-I@-11-1102 28f-la-1%-I $03 EXHIBIT D BYLAWS OF WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

ARTICLE I Plan of Unit Ownership Section I. Applicability. These Bylaws provide for the governance of the Condominium' pursuant to the requirements of the Condominium Act. The Condominium, located in the City of Williamsburg, Virginia, and more particularly described in the Declaration, has been submitted to the provisions of the Condominium Act by recordation simultaneously herewith of the Declaration among the land records of the City of Williamsburg, Virginia Section II. Compliance. Pursuant to the provisions of Section 55 -79.53 of the Condominium Act, every Unit Owner and all those entitled to occupy a Unit shall comply with these Bylaws. Section III. Office. The principal office of the Unit Owners Association shall be located at the Condominium or at such other place as may be designated from time to time by the Board of Directors.

s. Section III. Office. The principal office of the Unit Owners Association shall be located at the Condominium or at such other place as may be designated from time to time by the Board of Directors.

ARTICLE II Unit Owners Association Section I. Composition. The Unit Owners Association shall consist of all of the Unit Owners acting as a group in accordance with the Condominium Act pursuant to the Condominium Instruments. The Unit Owners Association shall have the responsibility of administering the Condominium, establishing the means and methods of collecting assessments and charges, arranging for the management of the Condominium and performing all of the other acts that may be required or permitted to be performed by the Unit Owners Association by the 'Capitalized terms used herein without definition shall have the meanings specified for such terms in the Declaration to which these Bylaws are attached as Exhibit D or, if not defined therein, the meanings specified in Va. Code Ann. Section 55 -79.41 of the Condominium Act. "FNMA" shall mean the Federal National Mortgage Association. "VA" shall mean the Veteran's Administration. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FHA" shall mean the Federal Housing Administration.

lc 29 EXHIBIT D BYLAWS OF WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

MTICLE I Plan of Unit Ownership Section I. Applicability. These Bylaws provide for the governance of the Condominium' vursuant to the requirements of the Condominium Act. The Condominium, located in the City A of Williamsburg, Virginia, and more particularly described in the Declaration, has been submitted to the provisions of the Condominium Act by recordation simultaneously herewith of

Page 32

cated in the City A of Williamsburg, Virginia, and more particularly described in the Declaration, has been submitted to the provisions of the Condominium Act by recordation simultaneously herewith of the Declaration among the land records of the City of Williamsburg, Virginia.

Section 11. Compliance. Pursuant to the provisions of Section 55-79.53 of the Condominium Act, every Unit Owner and all those entitled to occupy a Unit shall comply with these Bylaws.

Section III. Office. The principal office of the Unit Owners Association shall be located i at the Condominium or at such other place as may be designated kom time to time by the Board of Directors.

ARTICLE I1 Unit Owners Association Section I. Composition. The Unit Owners Association shall consist of all of the Unit L Owners acting as a group in accordance with the Condominium Act pursuant to the c z Condominium Instruments. The Unit Owners Association shall have the responsibility of I W administering the Condominium, establishing the means and methods of collecting assessments 59 and charges, arranging for the management of the Condominium and performing all of the other acts that may be required or permitted to be performed by the Unit Owners Association by the 0 0 CD R I I . Capitalized terms used herein without defmition shall have the meanings specified for such terms in the Declaration to which these Bylaws are attached as Exhibit D or, if not defined therein, the meanings specified in Va. Code Ann. Section 55-79.41 of the Condominium Act. "FNMA" shall mean the Federal National Mortgage Association. "VA" shall mean the Veteran's Administration.

"ETEMC" shall mean the Federal Home Loan Mortgage Corporation. "FHA" shall mean the Federal Housing Administration.

Federal National Mortgage Association. "VA" shall mean the Veteran's Administration.

"ETEMC" shall mean the Federal Home Loan Mortgage Corporation. "FHA" shall mean the Federal Housing Administration.

Condominium Act and the Condominium Instruments. Except as to those matters which the Condominium Act specifically requires to be decided by the vote of the Unit Owners Association, the foregoing responsibilities shall be performed by the Board of Directors or Managing Agent as more particularly set forth in Article IH of these Bylaws. Section 2. Annual Meetings. The annual meeting of the Unit Owners Association shall be held on the first Tuesday in November of each year unless the same shall fall on a legal holiday, in which case the annual meeting shall be held on the next ensuing day which is not a legal holiday. At the first meeting following the expiration of the Period of Declarant Control, the Board of Directors shall be elected by ballot of the Unit Owners in accordance with the Articles of Incorporation. Notwithstanding the foregoing, until the expiration of the Period of Declarant Control, the Declarant shall be entitled to designate and remove the members of the Board of Directors. Section 3. Place of Meetings. Meetings of the Unit Owners Association shall be held at the principal office of the Unit Owners Association or at such other suitable place convenient to the Unit Owners as maybe designated by the Board of Directors. Section 4. Special Meetings. (a) The President shall call a special meeting of the Unit Owners Association if so directed by resolution of the Board of Directors or upon a petition signed and presented to the Secretary by Unit Owners of not less than twenty -five percent of the aggregate Percentage Interests. The notice of any special meeting shall state the time, place and purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.

aggregate Percentage Interests. The notice of any special meeting shall state the time, place and purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.

(b) Not later than the expiration of the Period of Declarant Control notice shall be given of a special meeting of the Unit Owners Association at which all of the members of the Board of Directors designated by the Declarant shall resign, and the Unit Owners, including the Declarant if the Declarant owns one or more Units, shall thereupon elect successor members of the Board of Directors. Section 5. Notice of Meetings. The Secretary shall mail to each Unit Owner a notice of each annual or regularly scheduled meeting of the Unit Owners Association at least twenty-one but not more than sixty days before such meeting, stating the time and place thereof. Notice of any other meeting shall be sent at least ten but not more than sixty days before such meeting, stating the time, place and the purpose thereof. Notwithstanding the foregoing, notice of any meeting at which there shall be voted upon any amendment to the Articles of Incorporation, a plan of merger, a proposed sale of assets pursuant to Va. Code Ann. Section 13.1 -900 or the dissolution of the corporation shall be given as required by Va. Code Ann. Section 13.1 -842. The mailing of a notice of meeting in the manner provided in this Section and Section 1 of Article XI of these Bylaws shall be considered service of notice.

Xx 30 Condominium Act and the Condominium Instruments. Except as to those matters which the Condominium Act specifically requires to be decided by the vote of the Unit Owners Association, the foregoing responsibilities shall be performed by the Board of Directors or

o those matters which the Condominium Act specifically requires to be decided by the vote of the Unit Owners Association, the foregoing responsibilities shall be performed by the Board of Directors or Managing Agent as more particularly set forth in Article III of these Bylaws.

Section 2. Annual Meetin@. The annual meeting of the Unit Owners Association shall be held on the first Tuesday in November of each year unless the same shall fall on a legal holiday, in which case the annual meeting shall be held on the next ensuing day which is not a legal holiday. At the first meeting following the expiration of the Period of Declarant Control, the Board of Directors shall be elected by ballot of the Unit Owners in accordance with the Articles of Incorporation. Notwithstanding the foregoing, until the expiration of the Period of Declarant Control, the Declarant shall be entitled to designate and remove the members of the Board of Directors.

Section 3. Place of Meetings. Meetings of the IJr~it Owners Association slisll he hcld at the princil).?l officc of the Unit Owners Association or at such other suitablc place convenient to the unit Owners as may be designated by the Board of Directors.

Section 4. Special Meetings.

(a) The President shall call a special meeting of the Unit Owners Association if so directed by resolution of the Board of Directors or upon a petition signed and presented to the Secretary by Unit Owners of not less than twenty-five percent of the aggregate Percentage Interests. The notice of any special meeting shall state the time, place and purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.

(b) Not later than the expiration of the Period of Declarant Control notice shall be

Page 33

me, place and purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.

(b) Not later than the expiration of the Period of Declarant Control notice shall be given of a special meeting of the Unit Owners Association at which all of the members of the Board of Directors designated by the Declarant shall resign, and the Unit Owners, including the Declarant if the Declarant owns one or more Units, shall thereupon elect successor members of C= 2; the Board of Directors. 2z I W Section 5. Notice of Meetings. The Secretary shall mail to each Unit Owner a notice of s9 each annual or regularly scheduled meefing of the Unit Owners Association at least twenty-one 0 a but not more than sixty days before such meeting, stating the time and place thereof. Notice of any other meeting shall be sent at least ten but not more than sixty days before such meeting, W stating the time, place and the purpose thereof. Notwithstanding the foregoing, notice of any meeting at which there shall be voted upon any amendment to the Articles of Incorporation, a plan of merger, a proposed sale of assets pursuant to Va. Code Ann. Section 13.1-900 or the dissolution of the corporation shall be given as required by Va. Code Ann. Section 13.1-842.

The mailing of a notice of meeting in the manner provided in this Section and Section 1 of Article XI of these Bylaws shall be considered service of notice.

required by Va. Code Ann. Section 13.1-842.

The mailing of a notice of meeting in the manner provided in this Section and Section 1 of Article XI of these Bylaws shall be considered service of notice.

Section 6. Adjournment of Meetings. If at any meeting of the Unit Owners Association a quorum is not present, Unit Owners holding a majority of the Percentage Interests who are present at such meeting in person or by proxy may adjourn the meeting to a time not less than forty -eight hours after the time the original meeting was called. Section 7. Title to Units. Title to a Condominium Unit may be taken in the name of one or more Persons in any manner permitted by law. Subject to Section 2 of Article III hereof, the Unit Owners Association may acquire, hold and transfer title to one or more Condominium Units in its own name. Section 8. Voting. Voting at all meetings of the Unit Owners Association shall be on a Percentage Interest basis and the vote to which each Unit Owner is entitled shall be the Percentage Interest assigned to his Unit Where the ownership of a Unit is in more than one Person, the Person who shall be entitled to cast the vote appurtenant to such Unit shall be the Person named in a certificate executed by all of the Unit Owners of such Unit and filed with the Secretary or, in the absence of such Person from the meeting, the Person who shall be entitled to cast the vote appurtenant to such Unit shall be the Person owning such Unit who is present. If more than one Person owning such Unit is present, then such vote shall be cast only in accordance with their unanimous agreement pursuant to Section 55- 79.77(c) of the Condominium Act. Such certificate shall be valid until revoked by a subsequent certificate similarly executed. Subject to the requirements of Section 55 -79.77 of the Condominium Act, wherever the approval or disapproval of a Unit Owner is required by the Condominium Act or the Condominium Instruments, such approval or disapproval shall be made only by the Person who would be entitled to cast the vote of such Unit at any meeting of the Unit Owners Association. Except where a greater number is required by the Condominium Act or the Condominium Instruments, the Owners of more than one half of the aggregate Percentage Interests voting in person or by proxy at one time at a duly convened meeting at which a quorum is present ( "Majority of the Unit Owners ") is required to render a decision at any meeting of the Unit Owners Association. Any specified percentage of the Unit Owners means the Unit Owners owning such Percentage Interests in the aggregate. If Declarant owns or holds title to one or `o more Units, Declarant shall have the right at any meeting of the Unit Owners Association to cast Lh the votes to which such Unit or Units are entitled. o co Section 9. Proxies. A vote may be cast in person or by proxy. Proxies shall be duly executed in writing by one with authority to execute deeds pursuant to the requirements of Section 55- 79.77(d) of the Condominium Act (including without limitation the requirement that the proxy be dated and that signatures of any of those executing the proxy be witnessed by a person who shall sign his name and address) and must be filed with the Secretary before the appointed time of the meeting. Such proxy shall be deemed revoked only upon actual receipt of notice of revocation by the person presiding over the meeting from any of the Persons owning such Unit. Except with respect to proxies in favor of a Mortgagee, no proxy shall in any event be valid for a period in excess of eleven months after the execution thereof and, in any event, any proxy shall terminate automatically upon the adjournment of the first meeting held on or

n any event be valid for a period in excess of eleven months after the execution thereof and, in any event, any proxy shall terminate automatically upon the adjournment of the first meeting held on or 1 31 Section 6. Adjournment of Meetings. If at any meeting of the Unit Owners Association a quorum is not present, Unit Owners holding a majority of the Percentage Interests who are present at such meeting in person or by proxy may adjoum the meeting to a time not less than forty-eight hours after the time the original meeting was called.

Section 7. Title to Units. Title to a Condominium Unit may be taken in the name of one or more Persons in any manner permitted by law. Subject to Section 2 of Article 111 hereof, the Unit Owners Association may acquire, hold and transfer title to one or more Condominium Units in its own name.

Section 8. Voting. Voting at all meetings of the Unit Owners Association shall be on a Percentage Interest basis and the vote to which each Unit Owner is entitled shall be the Percentage Interest assigned to his Unit. Where the ownership of a Unit is in more than one Person, the Person who shall be entitled to cast the vote appurtenant to such Unit shall be the Person named in a certificate executed by all of the Unit Owners of such Unit and filed with the Secretary or, in the absence of such Person from the meeting, the Person who shall be entitled to cast the vote appurtenant to such Unit shall be the Person owning such Unit who is present. If more than one Person owning such Unit is present, then such vote shall be cast only in accordance with their unanimous agreement pursuant to Section 55-79.77(c) of the Condominium Act. Such certificate shall be valid until revoked by a subsequent certificate

h vote shall be cast only in accordance with their unanimous agreement pursuant to Section 55-79.77(c) of the Condominium Act. Such certificate shall be valid until revoked by a subsequent certificate similarly executed. Subject to the requirements of Section 55-79.77 of the Condominium Act, -wherever the approval or disapproval of a Unit Owner is required by the Condominium Act or the Condominium Instruments, such approval or disapproval shall be made only by the Person who would be entitled to cast the vote of such Unit at any meeting of the Unit Owners Association. Except where a greater number is required by the Condominium Act or the Condominium Insmments, the Owners of more than one half of the aggregate Percentage Interests voting in person or by proxy at one time at a duly convened meeting at which a quorum is present ("Majority of the Unit Owners") is required to render a decision at any meeting of the Unit Owners Association. Any specified percentage of the Unit Owners means the Unit Owners owning such Percentage Interests in the aggregate. If Declarant owns or holds title to one or more Units, Declarant shall have the right at any meeting of the Unit Owners Association to cast the votes to which such Unit or Units are entitled.

Section 9. Proxies. A vote may be cast in person or by proxy. Proxies shall be duly executed in writing by one with authority to execute deeds pursuant to the requirements of Section 55-79.77(d) of the Condominium Act (including without limitation the requirement that the proxy be dated and that signatures of any of those executing the proxy be witnessed by a person who shall sign his name and address) and must be filed with the Secretary before the

Page 34

equirement that the proxy be dated and that signatures of any of those executing the proxy be witnessed by a person who shall sign his name and address) and must be filed with the Secretary before the appointed time of the meeting. Such proxy shall be deemed revoked only upon actual receipt of notice of revocation by the person presiding over the meeting from any of the Persons owning such Unit. Except with respect to proxies in favor of a Mortgagee, no proxy shall in any event be valid for a period in excess of eleven months after the execution thereof and, in any event, any proxy shall terminate automatically upon the adjournment of the first meeting held on or after the date of the proxy. The proxy shall include a brief explanation of the effect of leaving the proxy uninstructed. Section 10. Quorum. Except as otherwise provided in these Bylaws, the presence in person or by proxy of Unit Owners of twenty -five percent of the aggregate Percentage Interests shall constitute a quorum at all meetings of the Unit Owners Association. Section 11. Conduct of Meetings. The President may appoint a Person to serve as parliamentarian at any meeting of the Unit Owners Association. The then current edition of Robert's Rules of Order shall govern the conduct of all meetings of the Unit Owners Association when not in conflict with the Condominium Instruments or the Condominium Act.

he then current edition of Robert's Rules of Order shall govern the conduct of all meetings of the Unit Owners Association when not in conflict with the Condominium Instruments or the Condominium Act.

ARTICLE III Board of Directors Section 1. Number. The affairs of the Unit Owners Association shall be managed under the direction of its Board of Directors. The number of persons comprising the Board of Directors may be changed by amendment to these Bylaws. Section 2. Powers and Duties. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Unit Owners Association and may do all such acts and things as are by the Condominium Act or the Condominium Instruments required to be exercised and done by the Unit Owners Association. The Board of Directors may from time to time assign and reassign the right to use parking spaces to individual Units; however, such parking spaces as may be assigned shall not thereby become Limited Common Elements. To the extent applicable, the Board of Directors may fróin time to time elect to have the Unit Owners Association treated as a "homeowners association" within the meaning of Section 528 of the Internal Revenue Code of 1954, as amended. The Board of Directors shall have the power to designate those officers authorized to provide statements and waivers to Unit Owners as may be desirable or required pursuant to the Condominium Act and to establish the fees to be charged therefor so long as the same do not exceed the maximum amounts set forth in the Condominium Act, including without limitation Sections 55- 79.84, 55 -79.85 and 55 -79.97 thereof (and, to the extent applicable, to the Condominium generally or to the Unit Owners Association, Va. Code Ann. 55 -380). The Board of Directors may delegate to one of its members or to a Person employed for such purpose the authority to act on behalf of the Board of Directors on such matters relating to the duties of the Managing Agent (as defined in Section 3 of this Article), if any, which may arise between meetings of the Board of Directors. In addition to the duties imposed by these Bylaws or by any resolution of the Unit Owners Association that may hereafter be adopted, the Board of Directors shall on behalf of the Unit Owners Association: (a) Prepare and disseminate an annual budget in which there shall be established

wners Association that may hereafter be adopted, the Board of Directors shall on behalf of the Unit Owners Association: (a) Prepare and disseminate an annual budget in which there shall be established 4 32 after the date of the proxy. The proxy shall include a brief explanation of the effect of leaving the proxy uninstructed.

Section 10. Quorum. Except as otherwise provided in these Bylaws, the presence in person or by proxy of Unit Owners of twenty-five percent of the aggregate Percentage Interests shall constitute a quorum at all meetings of the Unit Owners Association.

Section 1 1. Conduct of Meetings. The President may appoint a Person to serve as parliamentarian at any meeting of the Unit Owners Association. The then current edition of Robert's Rules of Order shall govern the conduct of all meetings of the Unit Owners Association when not in conflict with the Condominium Instruments or the Condominium Act.

Board of Directors Section 1. Number. The affairs of the Unit Owners Association shall be managed under the direction of its Board of Directors. The number of persons comprising the Board of Directors may be changed by amendment to these Bylaws.

Section 2. Powers and Duties. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Unit Owners Association and may do all such acts and things as are by the Condomimum Act or the Condominium Instruments required to be exercised and done by the Unit Owners Association. The Board of Directors may from time to time assign and reassign the right to use parking spaces to individual Units; however, such parking spaces as may be assigned shall not thereby become Limited Common

Page 35

oard of Directors may from time to time assign and reassign the right to use parking spaces to individual Units; however, such parking spaces as may be assigned shall not thereby become Limited Common Elements. To the extent applicable, the Board of Directors may from time to time elect to have c C the Unit Owners Association treated as a "homeowners association" within the meaning of ~2 Section 528 of the Internal Revenue Code of 1954, as amended. The Board of Directors shall I 0 have the power to designate those officers authorized to provide statements and waivers to Unit 2i Owners as may be desirable or required pursuant to the Condominium Act and to establish the o fees to be charged therefor so long as the same do not exceed the maximum amounts set forth in a the Condominium Act, including without limitation Sections 55-79.84,55-79.85 and 55-79.97 cf3 thereof (and, to the extent applicable, to the Condominium generally or to the Unit Owners wa Association, Va. Code Ann. 55-380). The Board of Directors may delegate to one of its members or to a Person employed for such purpose the authority to act on behalf of the Board of Directors on such matters relating to the duties of the Managing Agent (as defined in Section 3 of this Article), if any, which may arise between meetings of the Board of Directors. In addition to the duties imposed by these Bylaws or by any resolution of the Unit Owners Association that may hereafter be adopted, the Board of Directors shall on behalf of the Unit Owners Association: (a) Prepare and disseminate an annual budget in which there shall be established the assessments of each Unit Owner in respect of the Common Expenses.

s shall on behalf of the Unit Owners Association: (a) Prepare and disseminate an annual budget in which there shall be established the assessments of each Unit Owner in respect of the Common Expenses.

(b) Make assessments against Unit Owners to defray the costs and expenses of the Condominium and determine when the same shall commence as to all Units, %stablish the means and methods of collecting such assessments from the Unit Owners and establish the period of the installment payments of the annual assessment for Common Expenses. Unless otherwise determined by the Board of Directors, the annual assessment against each Unit Owner for his proportionate share of the Common Expenses shall be payable in equal monthly installments, each such installment to be due and payable in advance on the first day of each month for such month.

for his proportionate share of the Common Expenses shall be payable in equal monthly installments, each such installment to be due and payable in advance on the first day of each month for such month.

(c) Provide for the operation, care, upkeep, maintenance and servicing of the Common Elements of the Condominium including Limited Common Elements except to the extent that operation, care, upkeep, maintenance and service of the Limited Common Elements is the responsibility of the Unit Owner. (d) Designate, hire and dismiss the personnel necessary for the maintenance, operation, repair and replacement of the Condominium and provide services for the Condominium and, where appropriate, provide for the compensation of such personnel and for the purchase of equipment, supplies and material to be used by such personnel in the performance of their duties. (e) Collect the assessments from the Unit Owners, deposit the proceeds thereof in bank depositories designated by the Board of Directors and use the proceeds to carry out the purposes of the Unit Owners Association. (t) Enact and amend Rules and Regulations from time to time for the use and occupancy of the Units and Common Elements; provided however, that no such Rules and Regulations so adopted shall be in conflict with the Condominium Act or the Condominium Instruments; and provided further that no such Rules and Regulations shall bind or be construed so as to impair in any manner the lien of any mortgage or deed of trust with respect to any Unit or the Common Elements. Without limiting the generality of the foregoing, the Rules and Regulations may include the adoption of minimum standards relating to carpeting so as to reduce sound transmission from Unit to Unit and the type of light bulbs to be used on Limited Common Elements to assure uniformity of appearance from the exterior.

dards relating to carpeting so as to reduce sound transmission from Unit to Unit and the type of light bulbs to be used on Limited Common Elements to assure uniformity of appearance from the exterior.

(g) Open bank accounts on behalf of the Unit Owners Association and designate the signatories thereon. (h) Make, or contract for the making of, repairs, additions and improvements to or alterations of the Condominium, and repairs to and restoration of the Condominium in accordance with these Bylaws after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings k9t 33 the assessments of each Unit Owner in respect of the Common Expenses.

(b) Make assessments against Unit Owners to defray the costs and expenses of the Condominium and determine when the same shall commence as to all Units, establish the means and methods of collecting such assessments from the Unit Owners and establish the period of the installment payments of the annual assessment for Common Expenses. Unless otherwise determined by the Board of Directors, the annual assessment against each Unit Owner for his proportionate share of the Common Expenses shall be payable in equal monthly installments, each such installment to be due and payable in advance on the fust day of each month for such month.

(d) Designate, hire and dismiss the personnel necessary for the maintenance, operation. revait and revlacement of the Condominium and provide services for the - A

the responsibility of the Unit Owner.

(d) Designate, hire and dismiss the personnel necessary for the maintenance, operation. revait and revlacement of the Condominium and provide services for the - A Condominium and, where appropriate, provide for the compensation of such personnel and for the purchase of equipment, supplies and material to be used by such personnel in the performance of theiiduties.

i (e) Collect the assessments from the Unit Owners, deposit the proceeds thereof in bank depositories designated by the Board of Directors and use the proceeds to cany out the purposes of the Unit Owners Association.

(f) Enact and amend Rules and Regulations from time to time for the use and c' occupancy of the Units and Common Elements; provided however, that no such Rules and s Regulations so adopted shall be in conflict with the Condominium Act or the Condominium & Instruments; and provided further that no such Rules and Regulations shall bind or be construed 49 so as to impair in any manner the lien of any mortgage or deed of trust with respect to any Unit a or the Common Elements. Without limiting the generality of the foregoing, the Rules and 0 Regulations may include the adoption of minimnm standards relating to carpeting so as to reduce sound transmission from Unit to Unit and the type of light bulbs to be used on Limited Common a3.

Elements to assure uniformity of appearance from the exterior.

(g) Open bank accounts on behalf of the Unit Owners Association and designate the signatories thereon.

(h) Make, or contract for the making of, repairs, additions and improvements to or alterations of the Condominium, and repairs to and restoration of the Condominium in accordance with these Bylaws after damage or destruction by fire or other casualty, or as a result

Page 36

provements to or alterations of the Condominium, and repairs to and restoration of the Condominium in accordance with these Bylaws after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings.

(i) Enforce by legal means the provisions of the Condominium Instruments and the Rules and Regulations and act on behalf of the Unit Owners with respect to all matters arising out of any eminent domain proceedings.

(j) Obtain and carry insurance as provided in Article VI of these Bylaws, pay the premiums therefor and adjust and settle any claims thereunder. (k) Pay the cost of all authorized services rendered to the Unit Owners Association and not billed to Unit Owners of individual Units or otherwise provided for in these Bylaws.

any claims thereunder. (k) Pay the cost of all authorized services rendered to the Unit Owners Association and not billed to Unit Owners of individual Units or otherwise provided for in these Bylaws.

(I) Keep books with detailed accounts in chronological order of the Unit Owners Association's receipts and expenditures affecting the Condominium and the administration of the Condominium, specifying the expenses of maintenance and repair of the Common Elements and any other expenses incurred. All books and records shall be kept in accordance with generally accepted accounting principles consistently applied (but may be on the cash method of accounting) and shall be open for inspection by Unit Owners in any Condominium Unit. (m) Acquire, hold and dispose of Condominium Units and mortgage the same if such expenditures and mortgage are included in the budget adopted by the Unit Owners Association or authorized by a majority of the Unit Owners. (n) Do such other things and acts not inconsistent with the Condominium Act and the Condominium Instruments which the Board of Directors may be authorized to do under the Condominium Act or Condominium Instruments or by a resolution of the Unit Owners Association.

ominium Act and the Condominium Instruments which the Board of Directors may be authorized to do under the Condominium Act or Condominium Instruments or by a resolution of the Unit Owners Association.

(o) Grant permits, licenses and easements under, through and over the Common Elements for drainage, utilities, roads and access and other purposes which are reasonably necessary to the ongoing development and operation of the Condominium and the Additional Land. Section 3. Managing Agent. The Board of Directors may employ for the Condominium a "Managing Agent" at a compensation to be established by the Board of Directors. Any Managing Agent who handles funds for the Unit Owners Association shall be covered by its own fidelity bond providing for the coverage required by Article VI and naming the Unit Owners Association as an additional obligee.

(j) Obtain and cany insurance as provided in Article VI of these Bylaws, pay the premiums therefor and adjust and settle any claims thereunder.

(k) Pay the cost of all authorized services rendered to the Unit Owners Association and not billed to Unit Owners of individual Units or otherwise provided for in these Bylaws.

any claims thereunder.

(k) Pay the cost of all authorized services rendered to the Unit Owners Association and not billed to Unit Owners of individual Units or otherwise provided for in these Bylaws.

(1) Keep books with detailed accounts in chronological order of the Unit Owners Association's receipts and expenditures affecting the Condominium and the administration of the Condominium, specifying the expenses of maintenance and repair of the Common Elements and any other expenses incurred. All books and records shall be kept in accordance with generally accepted accounting principles consistently applied (but may be on the cash method of accounting) and shall be open for inspection by Unit Owners in any Condominium Unit.

(m) Acquire, hold and dispose of Condominium Units and mortgage the same if such expenditures and mortgage are included in the budget adopted by the Unit Owners Association or authorized by amajority of the Unit Owners.

(n) Do such other things and acts not inconsistent with the Condominium Act and the Condominium Instruments which the Board of Directors may be authorized to do under the Condominium Act or Condominium Instmments or by a resolution of the Unit Owners t Association. c z 1 W (0) Grant permits, licenses and easements under, through and over the Common 99 Elements for drainage, utilities, roads and access and other purposes which are reasonably necessary to the ongoing development and operation of the Condominium and the Additional 0 0 Land. 0 4 Section 3. Managing Agent. The Board of Directors may employ for the Condominium a "Managing Agent" at a compensation to be established by the Board of Directors. Any Managing Agent who handles funds for the Unit Owners Association shall be covered by its own

Page 37

y for the Condominium a "Managing Agent" at a compensation to be established by the Board of Directors. Any Managing Agent who handles funds for the Unit Owners Association shall be covered by its own fidelity bond providing for the coverage required by Article VI and naming the Unit Owners Association as an additional obligee.

(a) Duties. The Managing Agent shall perform such duties and services as the Board of Directors shall authorize, which may include but are not limited to the duties listed in paragraphs (a), (c), (d), (e), (h), (i), (j), (k), (1) and (n) of Section 2 of this Article 111. The Board of Directors may delegate to the Managing Agent all of the powers granted to the Board of Directors by these Bylaws other than the powers set forth in paragraphs (b), (f), (g), (m) and (o) of Section 2 of this Article III. The Managing Agent may perform the obligations, duties and services relating to management of the Condominium, the rights of Mortgagees and make recommendations concerning the maintenance of reserve funds in compliance with the provisions of these Bylaws. (b) Standards. The Board of Directors may impose appropriate standards of performance upon the Managing Agent. Unless the Managing Agent is instructed otherwise by the Board of Directors: (1) no remuneration shall be accepted by the Managing Agent from vendors, contractors or others providing goods or services to the Unit Owners Association, whether in the form of commissions, finders fees, service fees or otherwise, and any discounts received shall benefit the Unit Owners Association; (2) any financial or other interest which the Managing Agent may have in any firm providing goods or services to the Unit Owners Association shall be disclosed promptly to the Board of Directors;

ion; (2) any financial or other interest which the Managing Agent may have in any firm providing goods or services to the Unit Owners Association shall be disclosed promptly to the Board of Directors; (3) a monthly financial report shall be prepared for the Unit Owners Association disclosing: (A) all income and disbursement activity for the preceding month; (B) the status of all accounts in an "actual" versus "projected" (budget) format; and (C) any actual or pending obligations which are in excess of budgeted amounts by an amount exceeding either the operating reserve or ten percent of a major budget category; and (c) Limitations. Subject to the provisions of Section 55- 79.74(b) of the Condominium Act, the Board of Directors may employ a Managing Agent for a term not to exceed two years. Any contract with the Managing Agent must provide that it may be terminated (without payment of a termination fee) upon not less than ninety (90) days written notice to management given not later than sixty (60) days after the expiration of the Period of Declarant Control. The foregoing shall not be deemed to prohibit renewals of the contract in accordance with the Condominium Act and the provisions hereof. (d) Liaison. The Board of Directors may desigpate one of its members as liaison officer who shall be authorized to instruct and deal with the Managing Agent on any matter relating to the Condominium.

X 35 Directors by these Bylaws other than the powers set forth in paragraphs (b), (f), (g), (m) and (0) of Section 2 of this Article LII. The Managing Agent may perform the obligations, duties and services relating to management of the Condominium, the rights of Mortgagees and make recommendations concerning the maintenance of reserve funds in compliance with the

orm the obligations, duties and services relating to management of the Condominium, the rights of Mortgagees and make recommendations concerning the maintenance of reserve funds in compliance with the provisions of these Bylaws.

@) Standards. The Board of Directors may impose appropriate standards of performance upon the Managing Agent. Unless the Managing Agent is instructed otherwise by the Board of Directors: (1) no remuneration shall be accepted by the Managing Agent from vendors, contractors or others providing goods or services to the Unit Owners Association, whether in the form of commissions, finders fees, service fees or otherwise, and any discounts received shall benefit the Unit Owners Association; (2) any financial or other interest which the Managing Agent may have in any firin providing goods or services to the Unit Owners Association shall be disclosed promptly to the Board of Directors; (3) a monthly financial report shall be prepared for the Unit Owners Association disclosing: (A) all income and disbursement activity for the preceding month; (B) the status of all accounts in an "actual" versus "projected" (budget) format; and (C) any actual or pending obligations which are in excess of budgeted amounts by an amount exceeding either the operating reserve or ten percent of a major budget category; and (c) Limitations. Subject to the provisions of Section 55-79.74@) of the Condominium Act, the Board of Directors may employ a Managing Agent for a term not to exceed two years. Any contract with the Managing Agent must provide that it may be terminated (without payment of a termination fee) upon not less than ninety (90) days written notice to management given not later than sixty (60) days after the expiration of the Period of

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it may be terminated (without payment of a termination fee) upon not less than ninety (90) days written notice to management given not later than sixty (60) days after the expiration of the Period of Declarant Control. The foregoing shall not be deemed to prohibit renewals of the contract in accordance with the Condominium Act and the provisions hereof.

(d) Liaison. - The Board of Directors may desigpate one of its members as liaison officer who shall be authorized to instruct and deal with the Managing Agent on any matter relating to the Condominium.

Section 4. Election and Term of Office. The election and term of office of members of the Board of Directors shall be as set forth in the Articles of Incorporation. Section 5. Removal or Resignation of Members of the Board of Directors. Removal and resignation of directors shall be as set forth in the Articles of Incorporation.

Section 6. Vacancies. Vacancies in the Board of Directors shall be filled in the manner specified by the Articles of Incorporation. Section 7. Organization Meeting. The first meeting of the Board of Directors following the meeting of the Unit Owners Association at which directors are elected shall be held within thirty days thereafter at such time and place as shall be fixed by the Unit Owners Association at the meeting at which such Board of Directors shall have been elected, and no notice shall be necessary to the newly elected members of the Board of Directors in order to legally constitute such meeting provided that a quorum of the Board of Directors shall be present thereat.

notice shall be necessary to the newly elected members of the Board of Directors in order to legally constitute such meeting provided that a quorum of the Board of Directors shall be present thereat.

Section 8. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the directors, but such meetings shall be held at least twice during each fiscal year following the expiration of the Period of Declarant Control. Notice of regular meetings of the Board of Directors shall be given to each director, by mail or telegraph, at least three business days before the day named for such meeting. Section 9. Special Meetings. Special meetings of the Board of Directors may be called by the President on three business days notice to each director, given by mail or telegraph, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and with like notice on the written request of at least two directors. Section 10. Waiver of Notice. Any director may at any time, in writing signed by such director, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed equivalent to the giving of such notice. Except in the circumstances described in Va. Code Ann. Section 13.1 -867B, attendance by a director at any meeting of the Board of Directors shall constitute a waiver of notice by him of the time, place and purpose of such meeting. If all directors are present at any meeting of the Board of Directors, no notice shall be required and any business may be transacted at such meeting. Section 11. Quorum of Board of Directors. At all meetings of the Board of Directors a majority of the directors shall constitute a quorum for the transaction of business, and the vote of a majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. If at any meeting of the Board of Directors there shall be less than a quorum present, those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted

shall be less than a quorum present, those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted 36 Section 4. Election and Term of Office. The election and term of office of members of the Board of Directors shall be as set forth in the Articles of Incorporation.

Section 5. Removal or Resignation of Members of the Board of Directors. Removal and resignation of directors shall be as set forth in the Articles of Incorporation.

Section 6. Vacancies. Vacancies in the Board of Directors shall be filled in the manner specified by the Articles of Incorporation.

Section 7. Organization Meeting. The fnst meeting of the Board of Directors following the meeting of the Unit Owners Association at which directors are elected shall be held within thirty days thereafter at such time and place as shall be fixed by the Unit Owners Association at the meeting at which such Board of Directors shall have been elected, and no notice shall be necessary to the newly elected members of the Board of Directors in order to legally constitute such meeting provided that a quorum of the Board of Directors shall be present thereat.

Section 8. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined &om time to time by a majority of the directors, but such meetings shall be held at least twice during each fiscal year following the expiration of the Period of Declarant Control. Notice of regular meetings of the Board of Directors shall be given to each director, by mail or telegraph, at least three business days before the day named for such a meeting.

Section 9. Special Meetings. Special meetings of the Board of Directors may be called

Page 39

iven to each director, by mail or telegraph, at least three business days before the day named for such a meeting.

Section 9. Special Meetings. Special meetings of the Board of Directors may be called by the President on three business days notice to each director, given by mail or telegraph, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and with like notice on the written request of at least two directors. % zs I W Section 10. Waiver of Notice. Any director may at any time, in writing signed by such 99 director, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed 0 equivalent to the giving of such notice. Except in the circumstances described in Va. Code Ann.

Section 13.1-867B, attendance by a director at any meeting of the Board of Directors shall Q constitute a waiver of notice by him of the time, place and purpose of such meeting. If all u3 directors are present at any meeting of the Board of Directors, no notice shall be required and any business may be transacted at such meeting.

Section 11. Quorum of Board of Directors. At all meetings of the Board of Directors a majority of the directors shall constitute a quorum for the transaction of business, and the vote of a majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. If at any meeting of the Board of Directors there shall be less than a quorum present, those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted

shall be less than a quorum present, those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. Section 12. Compensation. No director shall receive any compensation from the Unit Owners Association for acting as such; however, any director may be reimbursed for actual expenses incurred. Section 13. Action Without Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Board of Directors.

s of the Board of Directors shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Board of Directors.

ARTICLE IV Officers Section 1. Designation. The principal officers of the Unit Owners Association shall be the President, the Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgment may be necessary. The President shall be a member of the Board of Directors. Any other officers may, but need not, be members of the Board of Directors. Section 2. Election of Officers. The officers of the Unit Owners Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors. Section 3. Removal of Officers. Upon the affirmative vote of a majority of the Board of Directors, any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose. Section 4. President. The President shall be the chief executive officer of the Unit Owners Association, preside at all meetings of the Unit Owners Association and of the Board of Directors and have all of the powers and duties which are incident to the office of president of a corporation organized under the Virginia Nonstock Corporation Act. Section 5. Vice President. The Vice President shall take the place of the President and perform the duties of the President whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President.

in the place of the President on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President.

h9: 3 7 at the meeting originally called may be transacted without further notice.

Section 12. Compensation. No director shall receive any compensation from the Unit Owners Association for acting as such; however, any director may be reimbursed for acbal expenses incurred.

Section 13. Action Without Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the ~oard of Directors.

ARTICLE IV Officers Section 1. Designation. The principal officers of the Unit Owners Association shall be the President, the Vice President, the Secretaq and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgment may be necessary. The President shall be a member of the Board of Directors. Any other officers may, but need not, be members of the Board of Directors.

Section 2. Election of Officers. The officers of the Unit Owners Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors.

Section 3. Removal of Officers. Upon the aninnative vote of a majority of the Board of Directors, any officer may be removed, either with or without cause, and a successor may be

Page 40

e Board of Directors.

Section 3. Removal of Officers. Upon the aninnative vote of a majority of the Board of Directors, any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose.

Section 4. President. The President shall be the chief executive officer of the Unit Owners Association, preside at all meetings of the Unit Owners Association and of the Board of Directors and have all of the powers and duties which are incident to the office of president of a corporation organized under the Virginia Nonstock Corporation Act.

Section 5. Vice President. The Vice President shall take the place of the President and perform the duties of the President whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President.

Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Unit Owners Association and of the Board of Directors, have charge of such books and papers as the Board of Directors may direct, maintain a register setting forth the place to which all notices to Unit Owners and Mortgagees hereunder shall be delivered and, in general, perform all the duties incident to the office of secretary of a corporation organized under the Virginia Nonstock Corporation Act. Section 7. Treasurer. The Treasurer shall have the responsibility for Unit Owners Association funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data, and be responsible for the deposit of all monies and other valuables in the name of the Unit Owners Association in such depositories as may from time to time be designated by the Board of Directors and, in general, perform all the duties incident to the office of treasurer of a corporation organized under the Virginia Nonstock Corporation Act. Section 8. Compensation of Officers. No officer shall receive any compensation from the Unit Owners Association for acting as such; however, any officer may be reimbursed for actual expenses incurred as such officer.

ARTICLE V Operation of the Property Section 1. Determination of Common Expenses and Assessments Against Unit Owners.

owever, any officer may be reimbursed for actual expenses incurred as such officer.

ARTICLE V Operation of the Property Section 1. Determination of Common Expenses and Assessments Against Unit Owners.

(a) Fiscal Year. The fiscal year of the Unit Owners Association shall be the calendar year unless otherwise determined by the Board of Directors. (b) Preparation and Approval of Budget.

(i) At least forty-five days before the beginning of the fiscal year, the Board of Directors shall adopt a budget for the Unit Owners Association containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements which the Association is obligated to maintain and those parts of the Units and Limited Common Elements (if any) as to which it is the responsibility of the Unit Owners Association to maintain, repair and replace, and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Unit Owners Association and which will be required during the ensuing fiscal year for the administration, operation, maintenance or repair of the Condominium and the rendering of all related services. Following its adoption, the budget shall be disseminated to the Unit Owners.

)19 38 Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Unit Owners Association and of the Board of Directors, have charge of such books and papers as the Board of Directors may direct, maintain a register setting forth the place to which all notices to Unit Owners and Mortgagees hereunder shall be delivered and, in general, perform all the duties

s the Board of Directors may direct, maintain a register setting forth the place to which all notices to Unit Owners and Mortgagees hereunder shall be delivered and, in general, perform all the duties incident to the office of secretary of a corporation organized under the Virginia Nonstock Corporation Act.

Section 7. Treasurer. The Treasurer shall have the responsibility for Unit Owners Association funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data, and be responsible for the deposit of all monies and other valuables in the name of the Unit Owners Association in such depositories as may from time to time be designated by the Board of Directors and, in general, perform all the duties incident to the office of treasurer of a corporation organized under the Virginia Nonstock Corporation Act.

Section 8. Compensation of Officers. No officer shall receive any compensation from the Unit Owners Association for acting as such; however, any officer may be reimbursed for actual expenses incurred as such officer.

ARTICLE V Operation of the Property Section I. Determination of Common Expenses and Assessments Against Unit Owners.

(a) Fiscal Year. The fiscal year of the Unit Owners Association shall be the calendar year unless otherwise determined by the Board of Directors.

(b) Preparation and Approval of Budget.

Page 41

Board of Directors shall adopt a budget for the Unit Owners Association containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements which the Association is obligated to maintain and those parts of the Units and Limited Common Elements (if any) as to which it is the responsibility of the Unit Owners Association to maintain, repair and replace, and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Unit Owners Association and which will be required during the ensuing fiscal year for the administration, operation, maintenance or repair of the Condominium and the rendering of all related services. Following its adoption, the budget shall be disseminated to the Unit Owners.

(ii) Such budget shall also include such amounts as the Board of Directors considers necessary to provide working capital, a general operating reserve and reserve for contingencies and replacements. At least thirty days before the beginning of the fiscal year, the Board of Directors shall send to each Unit Owner a copy of the budget in a reasonably itemized form which sets forth the amount of the Common Expenses and any special assessment payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit Owner's assessment for the Common Expenses of the Unit Owners Association.

enses and any special assessment payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit Owner's assessment for the Common Expenses of the Unit Owners Association.

(c) Assessment and Payment of Common Expenses. Subject to the provisions of Section 1(a) of Article IX hereof, the total amount of the estimated funds required for the operation of the Condominium set forth in the budget adopted by the Board of Directors shall be assessed against each Unit Owner in proportion to his respective Percentage Interest and shall be a lien against each Unit Owner's Unit as provided in Article IX, Section 2, of these Bylaws. Notwithstanding the foregoing, and except as provided in Subsection 2(b) of Article VII, if the amount of the proposed budget is in excess of 125% of the budget for the preceding fiscal year, (after first projecting the preceding budget to a full 12 months if the preceding budget covered a period of less than 12 months and after first projecting the preceding budget to cover all of the land and improvements then constituting the Condominium if, as a consequence of expansion, the Condominium is now larger than at the time of adoption of the preceding budget) the proposed budget shall be approved by Unit Owners holding a majority of the Percentage Interests present at the regular or, a special meeting of the Unit Owners held for this purpose. Within 90 days after the end of each fiscal year, the Board of Directors shall supply to all Unit Owners an itemized accounting of the Common Expenses for such fiscal year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the budget adopted by the Board of Directors for such fiscal year, and showing the net amount over or short of the actual expenditures plus reserves. Any amount accumulated in excess of the amount required for actual expenses and reserves shall, if the Board of Directors deems it advisable, be credited according to each Unit Owner's Percentage Interest to the next monthly installment(s) due from Unit Owners under the current fiscal year's budget, until exhausted. Any net shortage shall be assessed promptly against the Unit Owners in accordance with their Percentage Interests and shall be payable as the Board of Directors may determine.

budget, until exhausted. Any net shortage shall be assessed promptly against the Unit Owners in accordance with their Percentage Interests and shall be payable as the Board of Directors may determine.

(d) Reserves. The Board of Directors shall, as a part of the Common Expenses and regular assessments therefor, build up and maintain a reserve for periodic maintenance, repair and replacement of the Common Elements and to cover the amount of any insurance deductible; however, the Board of Directors and the Declarant shall not be personally liable for the inadequacy of any reserve. Extraordinary expenditures not originally included in the annual budget but which becomes necessary during the year shall be charged first against such reserve. If the reserve is inadequate for any reason, including nonpayment of any Unit Owner's assessment, the Board of Directors may at any time levy a further assessment which shall be assessed against the Unit Owners according to their respective Percentage Interests and which may be payable in a lump sum or in installments as the Board of Directors may determine. The 1Clc 39 (ii) Such budget shall also include such amounts as the Board of Directors considers necessary to provide working capital, a general operating reserve and reserve for contingencies and replacements. At least thirty days before the beginning of the fiscal year, the Board of Directors shall send to each Unit Owner a copy of the budget in a reasonably itemized form which sets forth the amount of the Common Expenses and any special assessment payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit Owner's assessment for the Common Expenses of the Unit Owners Association.

(c) Assessment and Payment of Common Expenses. Subject to the provisions of Section l(a) of Article IX hereof, the total amount of the estimated hds required for the operation of the Condominium set forth in the budget adopted by the Board of ~irectors shall be assessed against each Unit Owner in proportion to his respective Percentage Interest and shall be a lien against each Unit Owner's Unit as provided in Article IX, Section 2, of these Bylaws.

Notwithstanding the foregoing, and except as provided in Subsection 2(b) of Article W, if the amount of the proposed budget is in excess of 125% of the budget for the preceding fiscal year, (after first projecting the preceding budget to a full 12 months if the preceding budget covered a period of less than 12 months and after fxst projecting the preceding budget to cover all of the land and improvements then constituting the Condominium if, as a consequence of expansion, the Condominium is now larger than at the time of adoption of the preceding budget) the proposed budget shall be approved by Unit Owners holding a majority of the Percentage Interests present at the regular or a special meeting of the Unit Owners held for this purpose.

Within 90 days after the end of each fiscal year, the Board of Directors shall supply to all Unit Owners an itemized accounting of the Common Expenses for such fiscal year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the budget adopted by c C; the Board of Directors for such fiscal year, and showing the net amount over or short of the Zs

Page 42

red and paid, together with a tabulation of the amounts collected pursuant to the budget adopted by c C; the Board of Directors for such fiscal year, and showing the net amount over or short of the Zs I actual expenditures plus reserves. Any amount accumulated in excess of the amount required for w actual expenses and reserves shall, if the Board of Directors deems it advisable, be credited 99 according to each Unit Owner's Percentage Interest to the next monthly installment(s) due fiom o Unit Owners under the current fiscal year's budget, until exhausted. Any net shortage shall be 0 '.f3 assessedpromptly against the Unit Owners in accordance with their Percentage Interests and Fa shall be payable as the Board of Directors may determine.

If the reserve is inadequate for any reason, including nonpayment of any Unit Owner's assessment, the Board of Directors may at any time levy a further assessment which shall be assessed against the Unit Owners according to their respective Percentage Interests and which may be payable in a lump sum or in installments as the Board of Directors may determine. The

hich shall be assessed against the Unit Owners according to their respective Percentage Interests and which may be payable in a lump sum or in installments as the Board of Directors may determine. The Board of Directors shall serve notice of any such further assessment on all Unit Owners by a statement in writing giving the amount and reasons therefor, and such further assessment shall, unless otherwise specified in the notice, become effective with the next monthly payment which is due more than ten days after the delivery of such notice of further assessment. All Unit Owners shall be obligated to pay the adjusted monthly amount or, if such further assessment is not payable in installments, the amount of such assessment. Such assessment shall be a lien as of its effective date as set forth in Article IX, Section 2 of these Bylaws. (e) Initial Budget. Upon taking office, the first Board of Directors shall determine the budget and level of assessments to the date of expiration of the first fiscal year, as defined in this Section, and the date the assessments shall commence as to all Units. Assessments shall be levied and become a lien against the Unit Owners during such period as provided in this Section and in Article IX, Section 2. (f) Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each monthly installment at the rate established for the previous fiscal year until notice of the monthly payment which is due more than ten days after such new annual or adjusted budget shall have been delivered. (g) Accounts. All sums collected with respect to assessments against the Unit Owners or from any other source may be commingled into a single fund. Section 2. Payment of Common Expenses. Each Unit Owner shall pay the Common Expenses assessed by the Board of Directors pursuant to the provisions of Section 1 of this Article V. No Unit Owner may exempt himself from liability for his contribution toward Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit. No Unit Owner shall be liable for the payment of any part of the Common Expenses assessed against his Unit and due subsequent to the date of recordation of a conveyance by him in fee of such Unit to a successor Unit Owner (except a conveyance as security for the performance of an obligation). Each Unit Owner waives the benefit of the homestead exemption as to any assessments levied hereunder against either the Unit or the Unit Owner. Each such assessment, together with the interest, late charges and costs of collection (including attorney's fees) shall also be the personal obligation of the Unit Owner at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title or interest unless assumed by them. Section 3. Collection of Assessments. The Board of Directors, or the Managing Agent at the request of the Board of Directors, may take action to collect any assessments due from any Unit Owner. Any assessment, or installment thereof, not paid within ten days after due shall, at

Agent at the request of the Board of Directors, may take action to collect any assessments due from any Unit Owner. Any assessment, or installment thereof, not paid within ten days after due shall, at ifig 40 Board of Directors shall serve notice of any such further assessment on all Unit Owners by a statement in writing giving the amount and reasons therefor, and such further assessment shall, unless otherwise specified in the notice, become effective with the next monthly payment which is due more than ten days after the delivery of such notice of further assessment. All Unit Owners shall be obligated to pay the adjusted monthly amount or, if such further assessment is not payable in installments, the amount of such assessment. Such assessment shall be a lien as of its effective date as set forth in Article M, Section 2 of these Bylaws.

(e) Initial Budget. Upon taking office, the first Board of Directors shall determine the budget and level of assessments to the date of expiration of the fust fiscal year, as defined in this Section, and the date the assessments shall commence as to all Units.

Assessments shall be levied and become a lien against the Unit Owners during such period as provided in this Section and in Article M, Section 2.

(f) Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each monthly installment at the rate established for the previous fiscal year until notice of the monthly

in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each monthly installment at the rate established for the previous fiscal year until notice of the monthly payment which is due more than ten days after such new annual or adjusted budget shall have been delivered.

(g) Accounts. All sums collected with respect to assessments against the Unit Owners or from any other source may be commingled into a single fund.

Section 2. Payment of Common Expenses. Each Unit Owner shall pay the Common Expenses assessed by the Board of Directors pursuant to the provisions of Section 1 of this Article V. No Unit Owner may exempt himself from liability for his contribution toward Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit. No Unit Owner shall be liable for the payment of any part of the Common Expenses assessed against his Unit and due subsequent to the date of recordation of a conveyance by him in fee of such Unit to a successor Unit Owner (except a conveyance as security for the performance of an obligation). Each Unit Owner waives the benefit of the homestead exemption as to any assessments levied hereunder against either the Unit or the Unit Owner. Each such assessment, together with the interest, late charges and costs of collection (including attorney's fees) shall also be the personal obligation of the Unit Owner at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title or interest unless assumed by them.

Section 3. Collection of Assessments. The Board of Directors, or the Managing Agent at the request of the Board of Directors, may take action to collect any assessments due from any

Page 43

s assumed by them.

Section 3. Collection of Assessments. The Board of Directors, or the Managing Agent at the request of the Board of Directors, may take action to collect any assessments due from any Unit Owner. Any assessment, or installment thereof, not paid within ten days after due shall, at

Agent at the request of the Board of Directors, may take action to collect any assessments due from any Unit Owner. Any assessment, or installment thereof, not paid within ten days after due shall, at the option of the Unit Owners Association, accrue a late charge in the amount of five percent of the overdue assessment or installment. Each defaulting Unit Owner shall also pay all costs of collection, including without limitation attorney's fees, incurred in the collection of any unpaid assessment and shall also pay any expense incurred as a result of a check being returned to the Association without payment. The Board of Directors shall have the power to accelerate all remaining installments of any annual assessment in the event an assessment is not paid within 30 days of its dire date Section 4. Statement of Common Expenses and Access to Records. The Unit Owners Association shall promptly provide any Unit Owner, contract purchaser or Mortgagee so requesting the same in writing with a written statement of all unpaid assessments for Common Expenses due from such Unit Owner. The Board of Directors may impose a reasonable charge for the preparation of such statement to the extent permitted by the Condominium Act. The Unit Owners Association shall make available during normal business hours for inspection, upon request by Unit Owners, lenders and the holders, insurers and guarantors of the mortgage on any Unit, and prospective purchasers, and their authorized agents current copies of the Condominium Instruments and any Rules and Regulations governing the Condominium and other books, records and financial statements of the Unit Owners Association (including, if such is prepared, the most recent annual audited financial statement of the Unit Owners Association). If and so long as there is no audited statement available, any Mortgagee may have an audited statement prepared at its expense. Section 5. Maintenance, Repair, Replacement and Other Common Expenses.

. If and so long as there is no audited statement available, any Mortgagee may have an audited statement prepared at its expense. Section 5. Maintenance, Repair, Replacement and Other Common Expenses.

(a) By the Unit Owners Association. The Unit Owners Association shall be responsible for the maintenance, repair and replacement (unless such expense was necessitated by the negligence or willful misconduct of a Unit Owner or his tenant or guests) of all of the Common Elements and Limited Common Elements, whether located inside or outside of the Units, and shall be responsible for periodic painting and structural repair of the exterior of doors and the exterior of windows other than glass and for the periodic cleaning of the exterior side of window glass, the aggregate cost of which shall be charged to all Unit Owners as a Common Expense. The Common Elements and Limited Common Elements shall be kept in good order, condition and repair and in a clean and sanitary condition.

which shall be charged to all Unit Owners as a Common Expense. The Common Elements and Limited Common Elements shall be kept in good order, condition and repair and in a clean and sanitary condition.

(b) By the Unit Owner. Each Unit Owner shall keep his Unit (except for the painting of the exterior of doors and the exterior of windows other than glass and except for the periodic cleaning of the exterior side of window glass) and its equipment, appliances and window glass in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of his Unit. Each Unit Owner shall also keep any porch or other area visible to others and assigned to his Unit as a Limited Common Element in a neat and clean condition, free of debris and unsightly accumulations. In the event of a Unit Owner's failure to perform in accordance with this Subsection 5(b), the Unit Owners Association may effect the Id 41 the option of the Unit Owners Association, accrue a late charge in the amount of five percent of the overdue assessment or installment. Each defaulting Unit Owner shall also pay all costs of collection, including without limitation attorney's fees, incurred in the collection of any unpaid assessment and shall also pay any expense incurred as a result of a check being retuned to the Association without payment. The Board of Directors shall have the power to accelerate all remaining installments of any annual assessment in the event an assessment is not paid within 30 days of its due date.

Section 4. Statement of Common Expenses and Access to Records. The Unit Owners

ll remaining installments of any annual assessment in the event an assessment is not paid within 30 days of its due date.

Section 4. Statement of Common Expenses and Access to Records. The Unit Owners Association shall promptly provide any Unit Owner, contract purchaser or Mortgagee so requesting the same in -kiting with a &itten statement of all unpaid assessments for Common Expenses due from such Unit Owner. The Board of Directors may impose a reasonable charge for the preparation of such statement to the extent permitted by the Condominium Act. The Unit Owners Association shall make available during normal business hours for inspection, upon request by Unit Owners, lenders and the holders, insurers and guarantors of the mortgage on any Unit, and prospective purchasers, and their authorized agents current copies of the Condominium Instruments and any Rules and Regulations governing the Condominium and other books, records and financial statements of the Unit Owners Association (including, if such is prepared, the most recent annual audited financial statement of the Unit Owners Association). If and so long as there is no audited statement available, any Mortgagee may have an audited statement prepared at its expense.

Section 5. Maintenance, Repair, Replacement and Other Common Expenses.

(a) By the Unit Owners Association. The Unit Owners Association shall be e responsible for the maintenance, repair and replacement (unless such expense was necessitated c zz by the negligence or willful misconduct of a Unit Owner or his tenant or guests) of all of the I Common Elements and Limited Common Elements, whether located inside or outside of the W

Page 44

cessitated c zz by the negligence or willful misconduct of a Unit Owner or his tenant or guests) of all of the I Common Elements and Limited Common Elements, whether located inside or outside of the W 99 Units, and shall be responsible for periodic painting and structural repair of the exterior of doors 0 and the exterior of windows other than glass and for the periodic cleaning of the exterior side of window glass, the aggregate cost of which shall be charged to all Unit Owners as a Common a Expense. The Common Elements and Limited Common Elements shall be kept in good order, F condition and repair and in a clean and sanitary condition.

@) By the Unit Owner. Each Unit Owner shall keep his Unit (except for the painting of the exterior of doors and the exterior of windows other than glass and except for the periodic cleaning of the exterior side of window glass) and its equipment, appliances and window glass in good order, condition and repair and in a clean and sanitary condition, and shall - - A do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of his Unit. Each Unit Owner shall also keep any porch or other . ..

area visible to others and assigned to his Unit as a Limited Common Element in a neat and clean condition, free of debris and unsightly accumulations. In the event of a Unit Owner's failure to perform in accordance with this Subsection 5@), the Unit Owners Association may effect the

at and clean condition, free of debris and unsightly accumulations. In the event of a Unit Owner's failure to perform in accordance with this Subsection 5@), the Unit Owners Association may effect the same and any expense thus incurred shall be paid by the affected Unit Owner as a special assessment against his Unit secured and collectible in the same manner as other assessment hereunder. Each Unit Owner shall be responsible for replacing light bulbs in any Limited Common Element assigned to his Unit. In addition, each Unit Owner shall be responsible for all damage to his or any other Units or to the Common Elements resulting from his failure to make any of the repairs required by this Section or due to such Unit Owner's (or his tenant's or guest's negligence or willful act, except to the extent covered by insurance maintained by the Unit Owners Association). Each Unit Owner shall perform his responsibility in such manner as shall not unreasonably disturb the other Unit Owners. Each Unit Owner shall promptly report to the Board of Directors or the Managing Agent any defect or need for repairs for which the Board of Directors is responsible. Nothing herein shall be deemed to release any insurer of its obligations under any insurance policy or to create rights of subrogation against any Unit Owner.

ch the Board of Directors is responsible. Nothing herein shall be deemed to release any insurer of its obligations under any insurance policy or to create rights of subrogation against any Unit Owner.

(c) Manner of Repair and Replacement. All repairs and replacements shall be substantially similar to the original construction and installation and shall be of good quality. The method of approving payment vouchers for repairs and replacements shall be determined by the Board of Directors. Section 6. Additions, Alterations or Improvements by Board of Directors. Whenever in the judgment of the Board of Directors the Common Elements shall require additions, alterations or improvements costing in excess of Twenty-five Thousand Dollars during any period of twelve consecutive months, the making of such additions, alterations or improvements shall be approved by Unit Owners holding a majority of the Percentage Interests, and upon approval, the Board of Directors shall proceed with such additions, alterations or improvements and shall assess all Unit Owners for the cost thereof as a Common Expense. Any additions, alterations or improvements to the Common Elements costing Twenty-five Thousand Dollars or less during any period of twelve consecutive months may be made by the Board of Directors without approval of the Unit Owners and the cost thereof shall constitute a Common Expense. Notwithstanding the foregoing, if, in the opinion of not less than two- thirds of the members of the Board of Directors, such additions, alterations or improvements to the Common Elements are exclusively or substantially exclusively for the benefit of the Unit Owner or Unit Owners requesting the same, such requesting Unit Owners shall be assessed therefor in such proportion as they jointly approve or, if they are unable to agree thereon, in such proportions as may be determined by the Board of Directors. Section 7. Additions, Alterations or Improvements by Unit Owners. No Unit Owner shall make any structural or exterior addition, alteration or improvement in or to his Unit without the prior written consent of the Board of Directors. No Unit Owner shall paint or alter the aspects of his Unit visible from the exterior, including the doors and windows, or the Limited Common Elements appurtenant thereto, without the prior written consent of the Board of Directors. If any application to any governmental authority for a permit to make any addition, alteration or improvement in or to any Unit requires execution by the Unit Owners Association, and provided consent has been given by the Board of Directors, then the application shall be

ny addition, alteration or improvement in or to any Unit requires execution by the Unit Owners Association, and provided consent has been given by the Board of Directors, then the application shall be 1X(42 same and any expense thus incurred shall be paid by the affected Unit Owner as a special assessment against his Unit secured and collectible in the same manner as other assessment hereunder. Each Unit Owner shall be responsible for replacing light bulbs in any Limited Common Element assigned to his Unit. In addition, each Unit Owner shall be responsible for all damage to his or any other Units or to the Common Elements resulting from his failure to make any of the repairs required by this Section or due to such Unit Owner's (or his tenant's or guest's negligence or willful act, except to the extent covered by insurance maintained by the Unit Owners Association). Each Unit Owner shall perform his responsibility in such manner as shall not unreasonably disturb the other Unit Owners. Each Unit Owner shall promptly report to the Board of Directors or the Managing Agent any defect or need for repairs for which the Board of Directors is responsible. Nothing herein shall be deemed to release any insurer of its obligations under any insurance policy or to create rights of subrogation against any Unit Owner.

(c) Manner of Repair and Replacement. All repairs and replacements shall be substantially similar to the original construction and installation and shall be of good quality. - The method of approving payment vouchers for repairs and replacements shall be determined by the Board of Directors.

Section 6. Additions, Alterations or Improvements by Board of Directors. Whenever in the judgment of the Board of Directors the Common Elements shall require additions, alterations

Board of Directors.

Section 6. Additions, Alterations or Improvements by Board of Directors. Whenever in the judgment of the Board of Directors the Common Elements shall require additions, alterations or improvements costing in excess of Twenty-five Thousand Dollars during any period of twelve consecutive months, the making of such additions, alterations or improvements shall be approved by Unit Owners holding a majority of the Percentage Interests, and upon approval, the Board of Directors shall proceed with such additions, alterations or improvements and shall assess all Unit Owners for the cost thereof as a Common Expense. Any additions, alterations or L improvements to the Common Elements costing Twenty-five Thousand Dollars or less during E I any period of twelve consecutive months may be made by the Board of Directors without W 33 approval of the Unit Owners and the cost thereof shall constitute a Common Expense.

Notwithstanding the foregoing, if, in the opinion of not less than two-thirds of the members of o 0 the Board of Directors, such additions, alterations or improvements to the Common Elements are exclusively or substantially exclusively for the benefit of the Unit Owner or Unit Owners cn requesting the same, such requesting Unit Owners shall be assessed therefor in such proportion as they jointly approve or, if they are unable to agree thereon, in such proportions as may be determined by the Board of Directors.

Section 7. Additions, Alterations or Improvements by Unit Owners. No Unit Owner shall make any structural or exterior addition, alteration or improvement in or to his Unit without the prior written consent of the Board of Directors. No Unit Owner shall paint or alter the

Page 45

it Owner shall make any structural or exterior addition, alteration or improvement in or to his Unit without the prior written consent of the Board of Directors. No Unit Owner shall paint or alter the aspects of his Unit visible from the exterior, including the doors and windows, or the Limited Common Elements appurtenant thereto, without the prior written consent of the Board of Directors. If any application to any governmental authority for a permit to make any addition, alteration or improvement in or to any Unit requires execution by the Unit Owners Association, and provided consent has been given by the Board of Directors, then the application shall be

ny addition, alteration or improvement in or to any Unit requires execution by the Unit Owners Association, and provided consent has been given by the Board of Directors, then the application shall be executed on behalf of the Unit Owners Association without however incurring any liability on the part of the Unit Owners Association or its Board of Directors or officers or any of them to any contractor, subcontractor or materialman on account of such addition, alteration or improvement, or to any person having a claim for injury to person or damage to property arising therefrom. Section 8. Right of Access. By acceptance of a deed to his Unit, each Unit Owner thereby grants a right of access to his Unit as provided by Section 55- 79.79(a) of the Condominium Act and a right of access to the Limited Common Elements appurtenant to that Unit, to the Unit Owners Association or the Managing Agent, or any other Person authorized by the Board of Directors or the Managing Agent, or any group of the foregoing, for the purpose of enabling the exercise and discharge of their respective powers and responsibilities, including without limitation making inspections, correcting any condition originating in the Unit and threatening another Unit or the Common Elements, performing installations, alterations or repairs to the mechanical or electrical services or the Common Elements in his Unit or elsewhere in the Condominium; provided however, that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not. The Unit Owners Association shall repair any damage to a Unit or Limited Common Element caused by its exercise of rights hereunder. Section 9. Utility and Trash Disposal Charges. The cost of utilities serving the Condominium and not individually metered to each Unit shall be a Common Expense. If provided through the Unit Owners Association, the cost of trash disposal shall be a Common Expense. L.<

serving the Condominium and not individually metered to each Unit shall be a Common Expense. If provided through the Unit Owners Association, the cost of trash disposal shall be a Common Expense. L.< Section 10. Use of Common Elements. No Unit Owner shall place or cause or permit to w be placed on or in the Common Elements (excepting the Limited Common Elements) assigned ss to that Unit Owner's Unit any objects of any kind except with the approval of the Board of O Directors. Q te Section 1. Authority to Purchase. ARTICLE VI Insurance Nk5 43 executed on behalf of the Unit Owners Association without however incurring any liability on the part of the Unit Owners Association or its Board of Directors or officers or any of them to any contractor, subcontractor or materialman on account of such addtion, alteration or improvement, or to any person having aclaim for injury to person or damage to property arising therefrom.

Section 8. Right of Access. By acceptance of a deed to his Unit, each Unit Owner thereby grants a right of access to his Unit as provided by Section 55-79.79(a) of the Condominium Act and a right of access to the Limited Common Elements appurtenant to that Unit, to the Unit Owners Association or the Managing Agent, or any other Person authorized by the Board of Directors or the Managing Agent, or any group of the foregoing, for the purpose of enabling the exercise and discharge of their respective powers and responsibilities, including without limitation making inspections, correcting any condition originating in the Unit and threatening another Unit or the Common Elements, performing installations, alterations or repairs to the mechanical or electrical services or the Common Elements in his Unit or elsewhere

Page 46

the Unit and threatening another Unit or the Common Elements, performing installations, alterations or repairs to the mechanical or electrical services or the Common Elements in his Unit or elsewhere in the Condominium; provided however, that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not. The Unit Owners Association shall repair any damage to a Unit or Limited Common Element caused by its exercise of rights hereunder.

Section 9. Utility and Trash Disposal Charges. The cost of utilities serving the ! Condominium and not individually metered to each Unit shall be a Common Expense. If provided through the Unit Owners Association, the cost of trash disposal shall be a Common Expense.

Section 10. Use of Common Elements. No Unit Owner shall place or cause or permit to be placed on or in the Common Elements (excepting the Limited Common Elements) assigned to that Unit Owner's Unit any objects of any kind except with the,approval of the Board of Directors.

ARTICLE VI Insurance Section 1. Authority to Purchase.

(a) Except as otherwise provided in Section 5 of this Article VI, all insurance policies relating to the Condominium shall be purchased by the Unit Owners Association. Neither the Board of Directors nor the Managing Agent nor the Declarant shall be liable for failure to obtain any coverage required by this Article VI or for any loss or damage resulting from such failure if such failure is due to the general unavailability of such coverage from reputable insurance companies, or if such coverage is available only at unreasonable cost.

(b) Each such policy shall provide that:

h failure is due to the general unavailability of such coverage from reputable insurance companies, or if such coverage is available only at unreasonable cost.

(b) Each such policy shall provide that: (1) The insurer waives any right to claim (i) by way of subrogation against the Declarant, the Unit Owners Association, the Board of Directors, the Managing Agent or the Unit Owners, and their respective agents, employees and tenants, and (ii) invalidity arising from acts of the insured.

t, the Unit Owners Association, the Board of Directors, the Managing Agent or the Unit Owners, and their respective agents, employees and tenants, and (ii) invalidity arising from acts of the insured.

(2) Such policy may not be cancelled, not renewed or substantially modified without at least 45 days prior written notice (15 days if due to non -payment of premium) to the Unit Owners Association and the Managing Agent and, in the case of physical damage and fidelity insurance, to all Unit Owners and Mortgagees and mortgage loan servicers. (c) The Declarant, so long as Declarant shall own any Unit, shall be protected by all such policies as a Unit Owner. (d) All policies of insurance shall be written by reputable companies licensed to do business in the Commonwealth of Virginia and, in the case of the physical damage insurance, holding a rating of B/IX or better by Best's Insurance Reports. Section 2. Physical Damage Insurance. 99 O (a) The Unit Owners Association shall obtain and maintain a policy of insurance O against fire and such other hazards within the meaning of "all risk" insuring the improvements to the Condominium (but not including furniture, wall coverings, furnishings or other personal property supplied or installed by Unit Owners and not including Unit improvements or betterments made by Unit Owners), and naming the Unit Owners Association as insured and the Unit Owners Association or Insurance Trustee as loss payee and as trustee for the use and benefit of all Unit Owners and their Mortgagees, as their interests may appear [with standard mortgagee clause naming as Mortgagee where applicable FNMA, VA, FHLMC and FHA and any mortgage servicer, its successors and assigns], subject, however, to the loss payment and adjustment provisions in favor of the Board of Directors and the Insurance Trustee contained in Sections 6 and 7 of this Article VI, in an amount equal to not less than one hundred percent (100 %) of the then current replacement cost of the improvements to the Condominium (exclusive of land, excavations, foundations and other items usually excluded from such coverage but including all building service equipment and any fixtures and equipment except if supplied by a Unit Owner

ive of land, excavations, foundations and other items usually excluded from such coverage but including all building service equipment and any fixtures and equipment except if supplied by a Unit Owner Mx 44 (a) Except as otherwise provided in Section 5 of this Micle VI, all insurance policies relating to the Condominium shall be purchased by the Unit Owners Association.

Neither the Board of Directors nor the Managing Agent nor the Declarant shall be liable for failure to obtain any coverage required by this Article VI or for any loss or damage resulting from such failure if such failure is due to the general unavailability of such coverage &om reputable insurance companies, or if such coverage is available only at unreasonable cost.

(d) All policies of insurance shall be written by reputable companies licensed to do business in the Commonwealth of Virginia and, in the case of the physical damage insurance, L holding a rating of B/IX or better by Best's Insurance Reports. 22 1 W

Page 47

reputable companies licensed to do business in the Commonwealth of Virginia and, in the case of the physical damage insurance, L holding a rating of B/IX or better by Best's Insurance Reports. 22 1 W Section 2. Physical Damage Insurance. 99 0 (a) The Unit Owners Association shall obtain and maintain a policy of insurance a against fre and such other hazards within the meaning of "all risk" insuring the improvements to a the Condominium (but not including furniture, wall coverings, fimishings or other personal 4 property supplied or installed by Unit Owners and not including Unit improvements or betterments made by Unit Owners), and naming the Unit Owners Association as insured and the Unit Owners Association or Insurance Trustee as loss payee and as trustee for the use and benefit of all Unit Owners and their Mortgagees, as their interests may appear [with standard mortgagee clause naming as Mortgagee where applicable FNMA, VA, FHLMC and FHA and any mortgage servicer, its successors and assigns], subject, however, to the loss payment and adjustment provisions in favor of the Board of Directors and the Insurance Trustee contained in Sections 6 and 7 of this Article VI, in an amount equal to not less than one hundred percent (100%) of the then current replacement cost of the improvements to the Condominium (exclusive of land, excavations, foundations and other items usually excluded from such coverage but including all building service equipment and any fixtures and equipment except if supplied by a Unit Owner

ive of land, excavations, foundations and other items usually excluded from such coverage but including all building service equipment and any fixtures and equipment except if supplied by a Unit Owner and including personal property and supplies owned by the Unit Owners Association), such amount to be redetermined annually by the Board of Directors with the assistance of the insurance company affording such coverage. Any deductible shall not exceed the lesser of $1,000 or 1 % of the replacement cost. (b) Such policy shall also provide (unless otherwise provided): (1) A waiver of any right of the insurer to repair, rebuild or replace any damage or destruction if a decision is made pursuant to these Bylaws not to do so.

(2) The following endorsements (or equivalent): (i) "no control"; (ii) "contingent liability from operation of building laws ", "demolition cost" and "increased cost of construction"; (iii) "agreed amount" or its equivalent and "inflation guard," if available.

(3) That any "no other insurance'wclause expressly excludes individual Unit Owners' policies from its operation so that the physical damage policy purchased by the Board of Directors shall be deemed primary coverage and any individual Unit Owners' policies shall be deemed excess coverage, and in no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder provide for or be brought into contribution with insurance purchased by individual Unit Owners or their Mortgagees, unless otherwise required by law.

waived. (4) The right of subrogation against Unit Owners (if applicable) shall be L c (5) Any agreement with an Insurance Trustee pursuant to Section 6 of this Article VI will be recognized. gg

y law.

waived. (4) The right of subrogation against Unit Owners (if applicable) shall be L c (5) Any agreement with an Insurance Trustee pursuant to Section 6 of this Article VI will be recognized. gg (c ) A duplicate original of the policy of physical damage insurance, all renewals thereof and any subpolicies or certificates and endorsements issued thereunder together with to proof of payment of premiums shall be delivered by the insurer to any Mortgagee so requesting ci3 at least 10 days prior to expiration of the then current policy. Before obtaining any policy of physical damage insurance or any renewal thereof the Board of Directors shall obtain an appraisal from an insurance company, or such other source as the Board of Directors may determine, of the current replacement cost of the improvements to the Condominium (exclusive of the land, excavations, foundations and other items usually excluded from such coverage), for the purpose of determining the amount of physical damage insurance to be secured pursuant to this Section 2. All Mortgagees shall be notified of any event giving rise to a claim under such policy in excess of $10,000 in the case of damage to the Common Elements and the Mortgagee of a Unit shall be notified of any event giving rise to a claim under such policy in excess of $1,000 in the case of damage to the Unit. (d) The Unit Owner's Association shall not obtain a policy where (i) under the n 45 and including personal property and supplies owned by the Unit Owners Association), such amount to be redetermined annually by the Board of Directors with the assistance of the insurance company affording suchco;erage. Any deductible shall not exceed the lesser of $1,000 or 1% of the replacement cost.

redetermined annually by the Board of Directors with the assistance of the insurance company affording suchco;erage. Any deductible shall not exceed the lesser of $1,000 or 1% of the replacement cost.

(b) Such policy shall also provide (unless otherwise provided): (1) A waiver of any right of the insurer to repair, rebuild or replace any damage or destruction if a decision is made pursuant to these Bylaws not to do so.

(2) The following endorsements (or equivalent): (i) "no control"; (ii) "contingent liability from operation of building laws", "demolition cost" and "increased cost of construction"; (iii) "agreed amount" or its equivalent and "inflation guard," if available.

(3) That any "no other insurance'~c1ause expressly excludes individual Unit Owners' policies from its operation so that the physical damage policy purchased by the Board of Directors shall be deemed primary coverage and any individual Unit Owners' policies shall be deemed excess coverage, and in no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder provide for or be brought into contribution with insurance purchased by individual Unit Owners or their Mortgagees, unless otherwise required by law.

(4) The right of subrogation against Unit Owners (if applicable) shall be waived. C C ;t: (5) Any agreement with an Insurance Trustee pursuant to Section 6 of this Article VI will be recognized. 59 E3 (c) A duplicate original of the policy of physical damage insurance, all renewals a thereof and any subpolicies or certificates and endorsements issued thereunder together with \D proof of payment of premiums shall be delivered by the insurer to any Mortgagee so requesting ~3

Page 48

ewals a thereof and any subpolicies or certificates and endorsements issued thereunder together with \D proof of payment of premiums shall be delivered by the insurer to any Mortgagee so requesting ~3 at least 10 days prior to expiration of the then current policy. Before obtaining any policy of physical damage insurance or any renewal thereof the Board of Directors shall obtain an appraisal &om an insurance company, or such other source as the Board of Directors may determine, of the current replacement cost of the improvements to the condominium (exclusive of the land, excavations, foundations and other items usually excluded from such coverage), for the purpose of determining the amount of physical damage insurance to be secured pursuant to this Section 2. All Mortgagees shall be notified of any event giving rise to a claim under such policy in excess of $10,000 in the case of damage to the Common Elements and the Mortgagee of a Unit shall be notified of any event giving rise to a claim under such policy in excess of $1,000 in the case of damage to the Unit.

(d) The Unit Owner's Association shall not obtain a policy where (i) under the

be notified of any event giving rise to a claim under such policy in excess of $1,000 in the case of damage to the Unit.

(d) The Unit Owner's Association shall not obtain a policy where (i) under the terms of the carrier's charter, bylaws or policy, contributions or assessments may be made against the Unit Owner or Mortgagee or become a lien on the Condominium; or (ii) by the terms of the carrier's charter, bylaws or policy, loss payments are contingent upon action by the carrier's board of directors, policyholders or members; or (iii) the policy includes any limiting clauses (other than insurance conditions) which could prevent the Unit Owners Association, Unit Owners or Mortgagees from collecting insurance proceeds. Section 3. Liability Insurance. The Unit Owners Association shall obtain and maintain commercial general public liability and property damage insurance in such limits as the Board of Directors may from time to time determine (but not less than $1,000,000 for bodily injury or property damage for any single occurrence), insuring each member of the Board of Directors, the Managing Agent, each Unit Owner and the Declarant against any liability to the public or to the Unit Owners (and their invitees, agents and employees) arising out of, or incident to the ownership or use of the Common Elements including, to the extent applicable, host liquor liability insurance, employer's liability insurance, comprehensive automobile liability insurance, all- written contractual liability insurance, garage keeper's liability and bailee's liability. Such insurance shall be issued on a comprehensive liability basis and shall contain: (i) a cross - liability endorsement under which the rights of a named insured under the policy shall not be prejudiced with respect to his action against another named insured; and (ii) a "severability of interest" endorsement which shall preclude the insurer from denying liability to a Unit Owner because of negligent acts of the Unit Owners Association or of another Unit Owner. The Board of Directors shall review such limits once each year. "Umbrella" liability insurance in excess of the primary limits may also be obtained. Section 4. Other Insurance. The Unit Owners Association shall obtain and maintain: (a) Adequate fidelity coverage to protect against dishonest acts on the part of officers, directors and employees of the Unit Owners Association and all others who handle, or are responsible for handling, funds of the Unit Owners Association, including the Managing Agent and its employees. Such fidelity bonds shall: (i) name the Unit Owners Association as an obligee; (ii) be written in an amount to cover the maximum funds that will be in the custody of the Unit Owners Association or the Managing Agent at any time and in any event not less than three (3) months' aggregate assessments on all Units plus reserve; and (iii) contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression; (b) Workmen's compensation insurance if and to the extent necessary to meet the requirements of law and which, if carried, shall name the Managing Agent as an additional insured; and

milar expression; (b) Workmen's compensation insurance if and to the extent necessary to meet the requirements of law and which, if carried, shall name the Managing Agent as an additional insured; and (c) Such other insurance as the Board of Directors may determine or as may be requested from time to time by Unit Owners holding a majority of the Percentage Interests.

46 terms of the camer's charter, bylaws or policy, contributions or assessments may be made against the Unit Owner or Mortgagee or become a lien on the Condominium; or (ii) by the terms of the carrier's charter, bylaws or ~olicy, loss payments are contingent upon action by the carrier's board of directors, policyholders or members; or (iii) the policy includes any limiting clauses (other than insurance conditions) which could prevent the Unit Owners Association, Unit Owners or Mortgagees from collecting insurance proceeds.

Section 3. Liability Insurance. The Unit Owners Association shall obtain and maintain commercial general public liability ;md properly damage insurance in such limits as the Board of Directors may from time to time determine (but not less than $1,000,000 for bodily injury or property damage for any single occurrence), insuring each member of the Board of Directors, the Managing Agent, each Unit Owner and the Declarant against any liability to the public or to the Unit Owners (and their invitees, agents and employees) arising out of, or incident to the ownership or use of the Common Elements including, to the extent applicable, host liquor liability insurance, employer's liability insurance, comprehensive automobile liability insurance, all-written contractual liability insurance, garage keeper's liability and bailee's liability. Such

r liability insurance, employer's liability insurance, comprehensive automobile liability insurance, all-written contractual liability insurance, garage keeper's liability and bailee's liability. Such insurance shall be issued on a comprehensive liability basis and shall contain: (i) a crossliability endorsement under which the rights of a named insured under the policy shall not be prejudiced with respect to his action against another named insured; and (ii) a "severability of interest" endorsement which shall preclude the insurer from denying liability to a Unit Owner because of negligent acts of the Unit Owners Association or of another Unit Owner. The Board of Directors shall review such limits once each year. "Umbrella" liability insurance in excess of the primary limits may also be obtained.

C Section 4. Other Insurance. The Unit Owners Association shall obtain and maintain: 'z I W (a) Adequate fidelity coverage to protect against dishonest acts on the part of 99 officers, directors and employees of the Unit Owners Association and all others who handle, or 0 are responsible for handling, funds ofthe Unit Owners Association, including the Managing 0 Agent and its employees. Such fidelity bonds shall: (i) name the Unit Owners Association as an LO obligee; (ii) be written in an amount to cover the maximum funds that will be in the custody of a the Unit Owners Association or the Managing Agent at any time and in any event not less than three (3) months' aggregate assessments on all Units plus reserve; and (iii) contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression; @) Workmen's compensation insurance if and to the extent necessary to meet the

Page 49

sed upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression; @) Workmen's compensation insurance if and to the extent necessary to meet the requirements of law and which, if carried, shall name the Managing Agent as an additional insured; and (c) Such other insurance as the Board of Directors may determine or as may be requested from time to time by Unit Owners holding a majority of the Percentage Interests.

t as an additional insured; and (c) Such other insurance as the Board of Directors may determine or as may be requested from time to time by Unit Owners holding a majority of the Percentage Interests.

Section 5. Separate Insurance. Each Unit Owner shall have the right and responsibility, at his own expense, to obtain insurance for his own Unit and for his own benefit and each Unit Owner shall obtain adequate insurance coverage upon his personal property and Unit betterments and improvements; provided, however, that no Unit Owner shall be entitled to exercise his right to acquire or maintain such insurance coverage so as to decrease the amount which the Unit Owners Association, on behalf of all Unit Owners; may realize under any insurance policy maintained by the Unit Owners Association or to cause any insurance coverage maintained by the Board of Directors or Unit Owners Association to be brought into contribution with insurance coverage obtained by a Unit Owner. Each Unit Owner shall obtain liability insurance with respect to his Unit in the amount of at least $300,000. All such policies shall contain waivers of subrogation as against other Unit Owners, the Unit Owners Association and its Board of Directors, the Declarant and the Managing Agent, and their respective agents, employees and tenants. No Unit Owner shall obtain separate insurance policies in conflict with this Section 5. Section 6. Insurance Trustee. (a) All physical damage insurance policies purchased by the Unit Owners Association shall be for the benefit of the Unit Owners Association, the Unit Owners, and their Mortgagees, as their interests may appear, and shall provide that, with respect to any single loss, if the proceeds thereof exceed One Hundred Thousand Dollars then all such proceeds shall be paid in trust to such lending institution in the general area of the Condominium with trust powers as may be designated by the Board of Directors (which trustee is herein referred to as the "Insurance Trustee "). If such proceeds equal or do not exceed One Hundred Thousand Dollars, then all such proceeds shall be paid to the Board of Directors to be applied pursuant to the terms of Article VII.

nce Trustee "). If such proceeds equal or do not exceed One Hundred Thousand Dollars, then all such proceeds shall be paid to the Board of Directors to be applied pursuant to the terms of Article VII.

(b) Following a casualty as to which participation by the Insurance Trustee is required, the Board of Directors shall enter into an Insurance Trust Agreement with the Insurance Trustee which may provide that the Insurance Trustee shall not be liable for payment of premiums, the renewal of policies, the sufficiency of coverage, the form or contents of policies, the correctness of any amounts received on account of the proceeds of any insurance policies or the failure to collect any insurance proceeds. The sole duty of the Insurance Trustee shall be to receive such proceeds as are paid to it and to hold the same in trust for the purposes elsewhere stated in these Bylaws and for the benefit of the insureds. Section 7. Board of Directors as Agent. The Board of Directors is hereby irrevocably appointed the agent and attorney -in -fact for each Unit Owner, each Mortgagee, other named insureds and their beneficiaries and any other holder of a lien or other interest in the Condominium to adjust and settle all claims arising under insurance policies purchased by the Unit Owners Association and to execute and deliver releases upon the payment of claims and to pursue and settle all claims arising out of the taking by way of eminent domain of any of the Common Elements.

nsibility, at his own expense, to obtain insurance for his own Unit and for his own benefit and each Unit Owner shall obtain adequate insurance coverage upon his personal property and Unit betterments and improvements; provided, however, that no Unit Owner shall be entitled to exercise his right to acquire or maintain such insurance coverage so as to decrease the amount which the Unit Owners Association, on behalf of all Unit Owners, may realize under any insurance policy maintained by the Unit Owners Association or to cause any insurance coverage maintained by the Board of Directors or Unit Owners Association to be brought into contribution with insurance coverage obtained by a Unit Owner. Each Unit Owner shall obtain liability insurance with respect to his Unit in the amount of at least $300,000. All such policies shall contain waivers of subrogation as against other Unit Owners, the Unit Owners Association and its Board of Directors, the Declarant and the Managing Agent, and their respective agents, employees and tenants. No Unit Owner shall obtain separate insurance policies in conflict with this Section 5.

Section 6. Insurance Trustee.

(a) All physical damage insurance policies purchased by the Unit Owners Association shall be for the benefit of the Unit Owners Association, the Unit Owners, and their Mortgagees, as their interests may appear, and shall provide that, with respect to any single loss, if the proceeds thereof exceed One Hundred Thousand Dollars then all such proceeds shall be paid in trust to such lending institution in the general area of the Condominium with trust powers as may be designated by the Board of Directors (which trustee is herein referred to as the "Insurance Trustee"). If such proceeds equal or do not exceed One Hundred Thousand Dollars,

Page 50

with trust powers as may be designated by the Board of Directors (which trustee is herein referred to as the "Insurance Trustee"). If such proceeds equal or do not exceed One Hundred Thousand Dollars, then all such proceeds shall be paid to the Board of Directors to be applied pursuant to the terms 2 of Article VII. 45 I 0 (b) Following a casualty as to which participation by the Insurance Trustee is 93 required, the Board of Directors shall enter into an Insurance Trust Agreement with the 0 - Insurance Trustee which may provide that the Insurance Trustee shall not be liable for payment of premiums, the renewal of policies, the sufficiency of coverage, the form or contents of Q policies, the correctness of any amounts received on account of the proceeds of any insurance policies or the failure to collect any insurance proceeds. The sole duty of the Insurance Trustee shall be to receive such proceeds as are paid to it and to hold the same in trust for the purposes elsewhere stated in these Bylaws and for the benefit of the insureds.

Section 7. Board of Directors as Agent. The Board of Directors is hereby irrevocably appointed the agent and attorney-in-fact for each Unit Owner, each Mortgagee, other named insureds and their beneficiaries and any other holder of a lien or other interest in the Condominium to adjust and settle all claims arising under insurance policies purchased by the Unit Owners Association and to execute and deliver releases upon the payment of claims and to pursue and settle all claims arising out of the taking by way of eminent domain of any of the Common Elements.

Owners Association and to execute and deliver releases upon the payment of claims and to pursue and settle all claims arising out of the taking by way of eminent domain of any of the Common Elements.

ARTICLE VII Repair and Reconstruction After Fire or Other Casualty Section 1. When Repair and Reconstruction are Required. Except as otherwise provided in Section 4 of this Article, in the event of damage to or destruction of all or any of the improvements as a result of fire or other casualty, the Board of Directors, under the direction of the Insurance Trustee where applicable, shall arrange for and supervise the prompt repair and - restoration of the improvements (including any damaged Units, and the floor coverings, bathroom fixtures and appliances initially installed therein by the Declarant and replacements thereof, but not including any furniture, furnishings, fixtures, equipment or other personal property or Unit betterments or improvements supplied or installed by the Unit Owners in the Units). Notwithstanding the foregoing, each Unit Owner shall have the right to supervise the redecorating of the interior of his own Unit. Section 2. Procedure for Reconstruction and Repair. (a) Cost Estimates Immediately after a fire or other casualty causing damage to any improvements, the Board of Directors (under the direction of the Insurance Trustee where applicable) shall obtain reliable and detailed estimates of the cost of repairing and restoring such improvements (including any damaged Units and any floor coverings and fixtures and appliances initially installed by Declarant and the replacements thereof, but not including any other furniture, furnishings, fixtures, improvements, betterments or equipment installed by the Unit Owner in the Unit) to a condition as good as that existing before such casualty. Such costs may also include professional and consulting fees and premiums for such bonds as the Board of Directors or Insurance Trustee determines to be necessary. c ' (b) Assessments. If the proceeds of insurance are not sufficient to defray such w estimated costs of reconstruction and repair, or if upon completion of reconstruction and repair 99 the funds for the payment of the costs thereof are insufficient, the amount necessary to complete Q such reconstruction and repair may be obtained from the appropriate reserve for replacement o funds and/or shall be deemed Common Expenses and a special assessment therefor (not subject to the approval of Unit Owners) shall be levied against all Unit Owners in accordance with their respective Percentage Interests. (c) Plans and Specifications. Any such reconstruction or repair shall be substantially in accordance with the original construction of the improvements. Section 3. Disbursements of Construction Funds. (a) Construction Fund and Disbursement. The proceeds of insurance collected on account of casualty and the sums received by the Board of Directors or Insurance Trustee

ursements of Construction Funds. (a) Construction Fund and Disbursement. The proceeds of insurance collected on account of casualty and the sums received by the Board of Directors or Insurance Trustee ACC 48 ARTICLE VII Repair and Reconstruction After Fire or Other Casualty Section 1. When Repair and Reconstruction are Required. Except as otherwise provided in Section 4 of this Article, in the event of damage to or destruction of all or any of the improvements as a result of fire or other casualty, the Board of Directors, under the direction of the Insurance Trustee where applicable, shall arrange for and supervise the prompt repair and restoration of the improvements (including any damaged Units, and the floor coverings, bathroom fixtures and appliances initially installed therein by the Declarant and replacements thereof, but not including any furniture, furnishings, fixtures, equipment or other personal property or Unit betterments or improvements supplied or installed by the Unit Owners in the Units). Notwithstanding the foregoing, each Unit Owner shall have the right to supenise the redecorating of the interior of his own Unit.

Section 2. Procedure for Reconstruction and Repair.

(a) Cost Estimates. Immediately after a fire or other casualty causing damage to any improvements, the Board of Directors (under the direction of the Insurance Trustee where applicable) shall obtain reliable and detailed estimates of the cost of repairing and restoring such improvements (including any damaged Units and any floor coverings and fixtures and appliances initially installed by Declarant and the replacements thereof, but not including any other furniture, furnishings, f~tures, improvements, betterments or equipment installed by the

Page 51

tures and appliances initially installed by Declarant and the replacements thereof, but not including any other furniture, furnishings, f~tures, improvements, betterments or equipment installed by the Unit Owner in the Unit) to a condition as good as that existing before such casualty. Such costs may also include professional and consulting fees and premiums for such bonds as the Board of Directors or Insurance Trustee determines to be necessary.

(b) Assessments. If the proceeds of insurance are not sufficient to defray such estimated costs of reconstruction and repair, or if upon completion of reconstruction and repair the funds for the payment of the costs thereof are insufficient, the amount necessary to complete such reconstruction and repair may be obtained from the appropriate reserve for replacement funds andlor shall be deemed Common Expenses and a special assessment therefor (not subject to the approval of Unit Owners) shall be levied against all Unit Owners in accordance with their respective Percentage Interests.

(c) Plans and Specifications. Any such reconstruction or repair shall be substantially in accordance with the original construction of the improvements.

Section 3. Disbursements of Construction Funds.

(a) Construction Fund and Disbursement. The proceeds of insurance collected on account of casualty and the sums received by the Board of Directors or Insurance Trustee from collections of assessments against Unit Owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner:

assessments against Unit Owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner: (1) If the estimated cost of reconstruction and repair is less than or equal to One Hundred Thousand Dollars, then the construction funds shall be disbursed in payment of such costs upon order of the Board of Directors.

d cost of reconstruction and repair is less than or equal to One Hundred Thousand Dollars, then the construction funds shall be disbursed in payment of such costs upon order of the Board of Directors.

(2) If the estimated cost of reconstruction and repair is more than One Hundred Thousand Dollars, then the construction fund shall be disbursed in payment of such costs upon approval of an architect or engineer qualified to practice in Virginia and employed by the Insurance Trustee to supervise such work, payment to be made from time to time as the work progresses. The architect or engineer shall be required to furnish a certificate giving a brief description of the services and materials furnished by various contractors, subcontractors, materialmen, the architect and other persons who have rendered services or furnished materials in connection with the work and stating that: (a) the sums requested by them in payment are justly due and owing and that such sums do not exceed the value of the services and materials furnished; (b) there is no other outstanding indebtedness known to such architect or engineer for the services and materials described (other than retention pursuant to the construction contract); and (c) the cost as estimated by such architect or engineer for the work remaining to be done subsequent to the date of such certificate does not exceed the amount of the construction fund remaining after payment of the sum so requested. (b) Surplus. It shall be presumed that the first monies disbursed in payment of the cost of reconstruction and repair shall be from insurance proceeds and, if there is a balance in the construction fund after the payment of all of the costs of the reconstruction and repair for which the fund is established, at the direction of the Board of Directors such balance shall be divided among all Unit Owners and their Mortgagees as their interests may appear and in proportion to their Percentage Interests. (c) Common Elements. When the damage is to both Common Elements and Units, the insurance proceeds shall be applied first to the cost of repairing the Common Elements and thereafter to the cost of repairing the Units.

nts. When the damage is to both Common Elements and Units, the insurance proceeds shall be applied first to the cost of repairing the Common Elements and thereafter to the cost of repairing the Units.

(d) Certificate. The Insurance Trustee shall be entitled to rely upon a certificate executed by the President or Vice President certifying: (i) whether the damaged Property is required to be reconstructed or repaired; (ii) the name of the payee and the amount to be paid with respect to disbursement from any construction fund or whether surplus funds to be distributed are less than the assessments paid by the Unit Owners; and (iii) all other matters concerning the holding and disbursing of any construction fund. Any such certificate shall be delivered to the Insurance Trustee promptly after request. Section 4. When Reconstruction is Not Required. In the event of insubstantial damage iXC 49 from collections of assessments against Unit Owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner: (1) If the estimated cost of reconstruction and repair is less than or equal to One Hundred Thousand Dollars, then the construction hds shall be disbursed in payment of such costs upon order of the Board of Directors.

(2) If the estimated cost of reconstruction and repair is more than One Hundred Thousand Dollars, then the construction fund shall be disbursed in payment of such costs up011 approval of an architect or engineer qualified to practice in Virginia and employed by the Insurance Trustee to supervise such work, payment to be made from time to time as the work progresses. The architect or engineer shall be required to furnish a certificate giving a brief

ployed by the Insurance Trustee to supervise such work, payment to be made from time to time as the work progresses. The architect or engineer shall be required to furnish a certificate giving a brief description of the services and materials fiunished by various contractors, subcontractors, materialmen, the architect and other persons who have rendered services or furnished materials in connection with the work and stating that: (a) the sums requested by them in payment are justly due and owing and that such sums do not exceed the value of the services and materials furnished; @) there is no other outstanding indebtedness known to such architect or engineer for the services and materials described (other than retention pursuant to the construction contract); and (c) the cost as estimated by such architect or engineer for the work remaining to be done subsequent to the date of such certificate does not exceed the amount of the construction fund remaining after payment of the sum so requested.

@) Surplus. It shall be presumed that the first monies disbursed in payment of & the cost of reconstruction and repair shall be from insurance proceeds and, if there is a balance in 7 the construction hnd after the payment of all of the costs of the reconstruction and repair for w which the fund is established, at the direction of the Board of Directors such balance shall be 99 divided among all Unit Owners and their Mortgagees as their interests may appear and in 0 - proportion to their Percentage Interests. 0 rU (c) Common Elements. When the damage is to both Common Elements and Units, the insurance proceeds shall be applied first to the cost of repairing the Common Elements and thereafter to the cost of repairing the Units.

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Section 4. When Reconstruction is Not Required. In the event of insubstantial damage

of any construction fund. Any such certificate shall be delivered to the Insurance Trnstee promptly after request.

Section 4. When Reconstruction is Not Required. In the event of insubstantial damage to the Common Elements not materially affecting the use or occupancy of any Unit and if the Board of Directors shall elect not to repair the same, then in such event any insurance proceeds received on account of such damage shall be distributed among all Unit Owners and their Mortgagees as their interests may appear and in proportion to their respective Percentage Interests. If the Condominium shall be terminated pursuant to Section 55- 79.72:1 of the Condominium Act, the net assets of the Condominium together with the net proceeds of insurance policies, if any, shall be divided by the Board of Directors or the Insurance Trustee, as the case may be, among all Unit Owners in proportion to their respective Percentage Interests, after first paying out of the share of each Unit Owner, to the extent sufficient therefor, the amount of any unpaid liens on his Unit in the order of priority of such liens.

tive Percentage Interests, after first paying out of the share of each Unit Owner, to the extent sufficient therefor, the amount of any unpaid liens on his Unit in the order of priority of such liens.

ARTICLE VIII Mortgages Section 1. Notice to Board of Directors. A Unit Owner who mortgages his Unit shall notify the Board of Directors of the name and address of his Mortgagee and shall file a certified true copy of the note and deed of trust with the Board of Directors. Any Mortgagee may give written notice to the Unit Owners Association of its name and address and the Unit number and Building or the address of the Unit to which its mortgage applies. Section 2. Notice of Default, Casualty or Condemnation. Upon request, the Unit Owners Association shall give notice to any Mortgagee of a default in paying an assessment or any other default with respect to that Mortgagee's Unit which has not been cured within sixty days. Each Mortgagee shall also be promptly notified of any casualty giving rise to a possible claim under any insurance purchased by the Unit Owners Association to the extent required by subsection 2(c) of Article VI, of all actions taken under Article VII, of any taking in condemnation or by eminent domain and actions of the Unit Owners Association with respect thereto, any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Unit Owners Association and any proposed action that requires the consent of a specified percentage of Mortgagees. Section 3. Notice of Amendment of Declaration or Bylaws. The Board of Directors shall give to all Mortgagees requesting same notice seven days prior to the date for any meeting at which the Unit Owners, in accordance with the provisions of these Bylaws, may amend the Condominium Instruments. Section 4. Mortgagees' Approvals. Except as provided in Section 55 -79.44 of the Condominium Act, unless 67% of the Mortgagees holding first liens on Units (voting on the basis on one vote for each Mortgage owned except as provided below), or Unit Owners (other than Declarant), have given their prior written approval, the Unit Owners Association shall not be entitled to:

sis on one vote for each Mortgage owned except as provided below), or Unit Owners (other than Declarant), have given their prior written approval, the Unit Owners Association shall not be entitled to: 2.2( 50 to the Common Elements not materially affecting the use or occupancy of any Unit and if the Board of Directors shall elect not to repair the same, then in such event any insurance proceeds received on account of such damage shall be distributed among all Unit Owners and their Mortgagees as their interests may appear and in proportion to their respective Percentage Interests. If the Condominium shall be terminated pursuant to Section 55-79.72:l of the Condominium Act, the net assets of the Condominium together with the net proceeds of insurance policies, if any, shall be divided by the Board of Directors or the Insurance Trustee, as the case may be, among all Unit Owners in proportion to their respective Percentage Interests, after first paying out of the share of each Unit Owner, to the extent sufficient therefor, the amount of any unpaid liens on his Unit in the order of priority of such liens.

Section 2. Notice of Default, Casualty or Condemnation. Upon request, the Unit Owners Association shall give notice to any Mortgagee of a default in paying an assessment or any other

Page 53

mortgage applies.

Section 2. Notice of Default, Casualty or Condemnation. Upon request, the Unit Owners Association shall give notice to any Mortgagee of a default in paying an assessment or any other default with respect to that Mortgagee's Unit which has not been cured within sixty days. Each Mortgagee shall also be promptly notified of any casualty giving rise to a possible claim under L C any insurance purchased by the Unit Owners Association to the extent required by subsection z 2(c) of Article VI, of all actions taken under Article W, of any taking in condemnation or by I W eminent domain and actions of the Unit Owners Association with respect thereto, any lapse, 99 cancellation or material modification of any insurance policy or fidelity bond maintained by the 0 Unit Owners Association and any proposed action that requires the consent of a specified percentage of Mortgagees. o W Section 3. Notice of Amendment of Declaration or Bylaws. The Board of Directors shall give to all Mortgagees requesting same notice seyen days prior to the date for any meeting at which the Unit Owners, in accordance with the provisions of these Bylaws, may amend the Condominium Instruments.

Section 4. Mortgagees' Approvals. Except as provided in Section 55-79.44 of the Condominium Act, unless 67% of the Mortgagees holding first liens on Units (voting on the basis on one vote for each Mortgage owned except as provided below), or Unit Owners (other than Declarant), have given their prior written approval, the Unit Owners Association shall not be entitled to:

sis on one vote for each Mortgage owned except as provided below), or Unit Owners (other than Declarant), have given their prior written approval, the Unit Owners Association shall not be entitled to: (a) By act or omission, seek to abandon or terminate the Condominium; or (b) Change the Percentage Interest of a Unit (except as a consequence of expansion of the Condominium); or (c) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements (except that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Condominium shall not be deemed a transfer within the meaning of this clause and except that the foregoing shall be deemed waived to the extent necessary to allow expansion of the Condominium in accordance with Article VIII of the Declaration); or (d) Use hazard insurance proceeds for losses to any portion of the Condominium for other than the repair, replacement or reconstruction of the Condominium. Section 5. Other Rights of Mortgagees. Upon request, any Mortgagee shall be entitled to receive written notice of meetings of the Unit Owners Association and all Mortgagees or their designees shall be entitled to attend meetings of the Unit Owners Association and shall have the right to speak thereat. All Mortgagees shall have the right to examine the books and records of the Unit Owners Association.

titled to attend meetings of the Unit Owners Association and shall have the right to speak thereat. All Mortgagees shall have the right to examine the books and records of the Unit Owners Association.

ARTICLE IX Compliance and Default Section 1. Relief. Each Unit Owner shall be governed by, and shall comply with, all of the terms of the Condominium Instruments and the Condominium Act as any of the same may be amended from time to time. In addition to the remedies provided in Section 55 -79.53 of the Condominium Act, a default by a Unit Owner shall entitle the Unit Owners Association, acting through its Board of Directors or through the Managing Agent, to the following relief: (a) Additional Liability. Each Unit Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or the act, neglect or carelessness of any member of his family or his employees, agents, licensees, tenants and guests but only to the extent that such expense is not covered by the proceeds of insurance carried by the Unit Owners Association. Such liability shall include any increase in insurance rates occasioned by use, misuse, occupancy or abandonment of any Unit or the Common Elements. (b) Costs and Attorney's Fees. In any proceedings arising out of any alleged default by a Unit Owner, the Unit Owners Association, if it prevails, shall be entitled to recover 7N 51 (a) By act or omission, seek to abandon or terminate the Condominium; or (b) Change the Percentage Interest of a Unit (except as a consequence of expansion of the Condominium); or (c) BY act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common Elements (except that the gmntingbfeasements for public utilities or for

on of the Condominium); or (c) BY act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common Elements (except that the gmntingbfeasements for public utilities or for other public pnrposks consistent with the intended use of the Common Elements by the Condominium shall not be deemed a transfer within the meaning of this clause and except that the foregoing shall be deemed waived to the extent necessary to allow expansion of the Condominium in accordance with Article VIII of the Declaration); or (d) Use hazard insurance proceeds for losses to any portion of the Condominium for other than the repair, replacement or reconstruction of the Condominium.

Section 5. Other Rights of Mortgagees. Upon request, any Mortgagee shall be entitled to receive written notice of meetings of the Unit Owners Association and all Mortgagees or their designees shall be entitled to attend meetings of the Unit Owners Association and shall have the right to speak thereat. All Mortgagees shall have the right to examine the books and records of the Unit Owners Association.

ARTICLE IX Compliance and Default Section 1. Relief. Each Unit Owner shall be governed by, and shall comply with, all of 0 - the terms of the Condominium Instruments and the Condominium Act as any of the same may 0 be amended hom time to time. In addition to the remedies provided in Section 55-79.53 of the .r Condominium Act, a default by a Unit Owner shall entitle the Unit Owners Association, acting through its Board of Directors or through the Managing Agent, to the'following relief: (a) Additional Liability. Each Unit Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or the

Page 54

the'following relief: (a) Additional Liability. Each Unit Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or the act, neglect or carelessness of any member of his family or his employees, agents, licensees, tenants and guests but only to the extent that such expense is not covered by the proceeds of insurance carried by the Unit Owners Association. Such liability shall include any increase in insurance rates occasioned by use, misuse, occupancy or abandonment of any Unit or the Common Elements.

(b) Costs and Attorney's Fees. In any proceedings arising out of any alleged default by a Unit Owner, the Unit Owners Association, if it prevails, shall be entitled to recover

or the Common Elements.

(b) Costs and Attorney's Fees. In any proceedings arising out of any alleged default by a Unit Owner, the Unit Owners Association, if it prevails, shall be entitled to recover the costs of such proceeding and such reasonable attorney's fees as may be determined by the court. (c) No Waiver of Rights. The failure of the Unit Owners Association, the Board of Directors or a Unit Owner to enforce any right, provision, covenant or condition which may be granted by the Condominium Instruments or the Condominium Act shall not constitute a waiver of the right of the Unit Owners Association, the Board of Directors or the Unit Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Unit Owners Association, the Board of Directors or any Unit Owner pursuant to any term, provision, covenant or condition of the Condominium Instruments or the Condominium Act shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies; nor shall it preclude the party exercising the same from exercising such other privileges as may be granted to such party by the Condominium Instruments or the Condominium Act or at law or in equity.

(d) Interest. In the event of a default by any Unit Owner in paying any sum assessed against his Condominium Unit (other than for Common Expenses) which continues for a period in excess of ten days, then the amount unpaid shall, at the option of the Unit Owners Association, bear interest from its due date at the lesser of the rate permitted by law without being of eight percent per annum from the date due until paid.

d shall, at the option of the Unit Owners Association, bear interest from its due date at the lesser of the rate permitted by law without being of eight percent per annum from the date due until paid.

(e) Abating and Enjoining Violations by Unit Owners. The violation of any of the Rules and Regulations adopted by the Board of Directors, the breach of any Bylaw contained herein or the breach of any provision of the Declaration or the Condominium Act shall give the Board of Directors the right, in addition to any other rights set forth in these Bylaws: (a) to enter the portion of the Condominium in which, or as to which, such violation or breach exists and summarily to abate and remove, at the expense of the defaulting Unit Owner, any condition that may exist therein contrary to the intent and meaning of the provisions hereof or of the Declaration (however, judicial proceedings shall be instituted before any items of construction are altered or demolished), and the Board of Directors 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. (f) Legal Proceedings. Failure to comply with any of the terms of the Condominium Instruments and the Rules and Regulations shall be grounds for relief, including without limitation, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all assessments, any other relief provided for in these Bylaws or any combination thereof and any other relief afforded by à court of competent jurisdiction, all of which relief may be sought by the Unit Owners Association, the Board of Directors, the Managing Agent or by any aggrieved Unit Owner (who shall also have a right of action with respect to decisions of the Unit Owners Association made pursuant to authority granted it by such documents) and shall not constitute an election of remedies.

ho shall also have a right of action with respect to decisions of the Unit Owners Association made pursuant to authority granted it by such documents) and shall not constitute an election of remedies.

EA1: the costs of such proceeding and such reasonable attorney's fees as may be determined by the court.

(c) No Waiver of Rights. The failure of the Unit Owners Association, the Board of Directors or a Unit Owner to enforce any right, provision, covenant or condition which may be granted by the Condominium Instruments or the Condominium Act shall not constitute a waiver of the right of the Unit Owners Association, the Board of Directors or the Unit Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Unit Owners Association, the Board of Directors or any Unit Owner pursuant to any term, provision, covenant or condition of the Condominium Instruments or the Condominium Act shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies; nor shall it preclude the party exercising the same from exercising such other privileges as may be granted to such party by the Condominium Instruments or the Condominium Act or at law or in equity.

(d) B. In the event of a default by any Unit Owner in paying any sum assessed against his Condominium Unit (other than for Common Expenses) which continues for a period in excess of ten days, then the amount unpaid shall, at the option of the Unit Owners Association, bear interest from its due date at the lesser of the rate permitted by law without being of eight percent per annum from the date due until paid.

(e) Abating and Enjoining Violations by Unit Owners. The violation of any of

due date at the lesser of the rate permitted by law without being of eight percent per annum from the date due until paid.

(f) Legal Proceedings. Failure to comply with any of the terms of the Condominium Instruments and the Rules and Regulations shall be grounds for relief, including without limitation, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all assessments, any other relief provided for in these Bylaws or any combination thereof and any other relief afforded by a court of competent iurisdiction, all of which relief mav be sought bv the Unit Owners Association. the Board of - .

Directors, the Managing Agent or by any aggrieved Unit Owner (who shall also have a right of

Page 55

competent iurisdiction, all of which relief mav be sought bv the Unit Owners Association. the Board of - .

Directors, the Managing Agent or by any aggrieved Unit Owner (who shall also have a right of action with respect to decisions of the Unit Owners Association made pursuant to authority granted it by such documents) and shall not constitute an election of remedies.

shall also have a right of action with respect to decisions of the Unit Owners Association made pursuant to authority granted it by such documents) and shall not constitute an election of remedies.

Section 2. Lien for Assessments. (a) The total annual assessment of each Unit Owner for Common Expenses or any special assessment made pursuant to these Bylaws, together with any interest or late charge applicable to such assessment and together with any costs of collection (including attorney's fees), is hereby declared to be a lien against the Condominium Unit of such Unit Owner as provided in Section 55 -79.84 of the Condominium Act, which lien shall, with respect to annual assessments, be effective on the first day of each fiscal year of the Condominium and, as to special assessments, on the first day of the next month which begins more than ten days after delivery to the Unit Owner of notice of such special assessment. The Board of Directors or the Managing Agent may file or record such other or further notice or memorandum of any such lien, or such other or further document, as may be required by the aforesaid Section of the Condominium Act or by the laws of the Commonwealth of Virginia to confirm the establishment and priority of such lien. (b) The lien for assessments may be enforced and foreclosed in the manner provided by the laws of the Commonwealth of Virginia by action in the name of the Board of Directors, or the Managing Agent, acting on behalf of the Unit Owners Association. The plaintiff in such proceeding shall have the right to the appointment of a receiver under the laws of the Commonwealth of Virginia. (c) A suit to recover a money judgment for unpaid contributions may be maintained without foreclosure or waiving the lien securing the same, and a foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment. Section 3. Supplemental Enforcement of the Lien. In addition to the proceedings at law or in equity for the enforcement of the lien established by the Declaration, these Bylaws or the Condominium Act, any Unit Owner may be required by the Board of Directors to execute a bond conditioned upon the faithful performance and payment of the installments of the lien established thereby and may likewise be required to secure the payment of such obligations by a deed of trust upon his Condominium Unit recorded among the appropriate land records, granting unto a trustee or trustees appropriate powers to the end that, upon default in the performance of such bond such deed of trust may be foreclosed by such trustee or trustees acting at the direction of the Board of Directors. In the event any such bond has been executed or such deed of trust is recorded, then any subsequent purchaser of a Unit shall take title subject to the obligations therein provided for. Section 4. Subordination and Mortgage Protection. Notwithstanding any other provisions hereof to the contrary, the lien of any assessment levied pursuant to these Bylaws upon any Unit (and any penalties, interest on assessments, late charges and the like) shall be subordinate to, and shall in no way affect the rights of a Mortgagee who is an institutional lender secured by a first deed of trust recorded before perfection of the Association's lien for assessments; provided however, that such subordination shall apply only to assessments which

titutional lender secured by a first deed of trust recorded before perfection of the Association's lien for assessments; provided however, that such subordination shall apply only to assessments which Y,n5 53 Section 2. Lien for Assessments.

(a) The total annual assessment of each Unit Owner for Common Expenses or any special assessment made pursuant to these Bylaws, together with any interest or late charge applicable to such assessment and together with any costs of collection (including attorney's fees), is hereby declared to be a lien against the Condominium Unit of such Unit Owner as provided in Section 55-79.84 of the Condominium Act, which lien shall, with respect to annual assessments, be effective on the first day of each fiscal year of the Condominium and, as to special assessments, on the fust day of the next month which begins more than ten days after delivery to the Unit Owner of notice of such special assessmeat. The Board of Directors or the Managing Agent may file or record such other or further notice or memorandum of any such lien, or such other or further document, as may be required by the aforesaid Section of the Condominium Act or by the laws of the Commonwealth of Virginia to confirm the establishment and priority of such lien.

(b) The lien for assessments may be enforced and foreclosed in the manner provided by the laws of the Commonwealth of Virginia by action in the name of the Board of Directors, or the Managing Agent, acting on behalf of the Unit Owners Association. The plaintiff in such proceeding shall have the right to the appointment of a receiver under the laws of the Commonwealth of Virginia.

plaintiff in such proceeding shall have the right to the appointment of a receiver under the laws of the Commonwealth of Virginia.

(c) A suit to recover a money judgment for unpaid conbibutions may be maintained without foreclosure or waiving the lien securing the same, and a foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment.

Section 3. Supplemental Enforcement of the Lien. In addition to the proceedings at law or in equity for the enforcement of the lien established by the Declaration, these Bylaws or the Condominium Act, any Unit Owner may be required by the Board of Directors to execute a bond conditioned upon the faithful performance and payment of the installments of the lien established thereby and may likewise be required to secure the payment of such obligations by a deed of trust upon his Condominium Unit recorded among the appropriate land records, granting unto a trustee or trustees appropriate powers to the end that, upon default in the performance of such bond such deed of trust may be foreclosed by such trustee or trustees acting at the direction of the Board of Directors. In the event any such bond has been executed or such deed of trust is recorded, then any subsequent purchaser of a Unit shall take title subject to the obligations therein provided for.

Section 4. Subordination and Mortgage Protection. Notwithstanding any other provisions hereof to the contrary, the lien of any assessment levied pursuant to these Bylaws upon any Unit (and any penalties, interest on assessments, late charges and the like) shall be subordinate to, and shall in no way affect the rights of a Mortgagee who is an institutional lender secured by a rust deed of trust recorded before perfection of the Association's lien for

Page 56

e) shall be subordinate to, and shall in no way affect the rights of a Mortgagee who is an institutional lender secured by a rust deed of trust recorded before perfection of the Association's lien for assessments; provided however, that such subordination shall apply only to assessments which have become due and payable before a conveyance of such Unit pursuant to a foreclosure or deed in lieu of foreclosure. Such conveyance shall not relieve the purchaser of the Unit at such sale from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment, which lien shall have the same effect and be enforced in the same manner as provided herein.

ARTICLE X Amendments to Bylaws Section 1. Amendments. These Bylaws may not be modified or amended except as provided in Sections 55 -79.71 and 55- 79.72:1 of the Condominium Act and except as provided in the Declaration; provided however, that until the expiration of the Period of Declarant Control (i) Section 2 of Article II, (ii) Section 8 of Article II, (iii) Section 1 of Article III, and (iv) this Section 1 of this Article X may not be amended without the consent in writing of the Declarant. All amendments to the Bylaws shall be prepared and recorded by the Secretary.

Article III, and (iv) this Section 1 of this Article X may not be amended without the consent in writing of the Declarant. All amendments to the Bylaws shall be prepared and recorded by the Secretary.

ARTICLE XI Miscellaneous Section 1. Notices. All notices, demands, bills; statements or other communications under these Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally (pursuant to Section 55 -79.75 of the Condominium Act) or if sent by registered or certified mail, return receipt requested, postage prepaid (or otherwise as the Condominium Act may permit), (i) if to a Unit Owner, at the address which the Unit Owner shall designate in writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit Owner, or (ii) if to the Unit Owners Association, the Board of Directors or to the Managing Agent, at the principal office of the Managing Agent or at such other address as shall be designated by notice in writing to the Unit Owners pursuant to this Section, or (iii) if to a Mortgagee, to the address provided by the Unit Owner or to such other address as the Mortgagee may specify by written notice to the Unit Owners Association. Section 2. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws or the intent of any provision thereof. Section 3. Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires.

if 54 have become due and payable before a conveyance of such Unit pursuant to a foreclosure or

of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires.

if 54 have become due and payable before a conveyance of such Unit pursuant to a foreclosure or deed in lieu of foreclosure. Such conveyance shall not relieve the purchaser of the Unit at such sale fiom liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment, which lien shall have the same effect and be enforced in the same manner as provided herein.

ARTICLE X Amendments to Bylaws Section I. Amendments. These Bylaws may not be modified or amended except as provided in Sections 55-79.71 and 55-79.72:l of the Condominium Act and except as provided in the Declaration; provided however, that until the expiration of the Period of ~eclarant Control (i) Section 2 af Article II, (ii) Section 8 of Article 11, (iii) Section 1 of Article HI, and (iv) this Section 1 of this Article X may not be amended without the consent in writing of the Declarant.

All amendments to the Bylaws shall be prepared and recorded by the Secretary.

ARTICLE XI Miscellaneous Section 1. Notices. All notices, demands, bills, statements or other communications under these Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally (pursuant to Section 55-79.75 of the Condominium Act) or if sent by registered or certified mail, return receipt requested, postage prepaid (or otherwise as the Condominium Act may permit), (i) if to a Unit Owner, at the address which the Unit Owner shall designate in writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit Owner, or (ii) if to the Unit Owners Association, the Board of Directors or to the

Pages 57–59

in writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit Owner, or (ii) if to the Unit Owners Association, the Board of Directors or to the Managing Agent, at the principal office of the Managing Agent or at such other address as shall be designated by notice in writing to the Unit Owners pursuant to this Section, or (iii) if to a Mortgagee, to the address provided by the Unit Owner or to such other address as the Mortgagee may specify by written notice to the Unit Owners Association.

Section 2. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws or the intent of any provision thereof.

Section 3. Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires.

Section 4. Construction. These Bylaws are intended to comply with all of the applicable provisions of the Condominium Act and shall be so interpreted and applied.

VIRGINIA: City of nemsbng End CauMy d MtIB/QJ, Iat 90045481.01 in the Clerk's Office the L;kdiltLlt»rf tor City a( Williamsburg 9 d day of . K was presented with tie qnd sdnflHrd to record ffi Teste: Helene S. W 1 I PLAT RECORDED IN P.B. NO. 9Ô.PAGESL V4' r 55 Section 4. Construction. These Bylaws are intended to comply with all of the applicable provisions of the Condominium Act and shall be so interpreted and applied.

'1 PLAT RECORDED IN P.B. NO.~PAGE& Y 6 Declaration of Condominium Declaration of Condominium

omply with all of the applicable provisions of the Condominium Act and shall be so interpreted and applied.

'1 PLAT RECORDED IN P.B. NO.~PAGE& Y 6 Declaration of Condominium Declaration of Condominium 041224 Map and Parcel No.'s: 282 -08 -1 0 -1 01 & den Ihdo X as Exhibit A AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM THIS AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM is made this ok) day of 200Y by the Westgate at Williamsburg Condominium Association, Inc. (hereafterc"tkssociation "). WITNES SETH: WHEREAS, the 752 L.L.C., a Virginia limited liability company ( "Declarant "), created Westgate at Williamsburg, a Condominium, by its recordation of the DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM ( "Declaration "), and the BYLAWS OF WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC. (`Bylaws "), on June 3, 1999, Instrument Number 990742, as subsequently amended and recorded, in the Clerk's Office of the Circuit Court of the City of Williamsburg and County of James City, Virginia; WHEREAS, pursuant to Article IX, Section 1 of the Declaration, the Declaration may be amended by "the agreement of Unit Owners of Units to which 67% of the votes in the Unit Owners Association appertain"; . WHEREAS, Article ÌI, Section 5 of the Bylaws requires that written notice of an annual or regular meeting of the Unit Owners Association shall have been given to each owner at least twenty -one (21) but not more than sixty (60) days in advance of such meeting aid- notice of any other meeting shall be sent at least ten 0) but not more than sixty (60 vance of such meeting, and Article VIII, Section é Bylaws requires that all Mortgagees requesting same are given notice seven days prior to the date for any meeting at which the Unit Owners may amend the Condominium Instruments; WHEREAS, in accordance with Article II, Section 5, and Article VIII, Section 3 of the Bylaws, the Association duly notified its membership and Mortgagees of the meeting to vote on these proposed Amendments to the Declaration; WHEREAS, at a duly called meeting of the Association's membership on the day of , 2003, the Unit Owners of the Units to which at least 67% of the votes in the Unit Owners Association appertain, as evidenced by their votes, agreed to and approved of the following Amendments to the Declaration; NOW, THEREFORE, in accordance with Article DC, Section 1 of the Declaration, the Declaration is hereby amended as follows:

votes, agreed to and approved of the following Amendments to the Declaration; NOW, THEREFORE, in accordance with Article DC, Section 1 of the Declaration, the Declaration is hereby amended as follows: 1 04122rl AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM THIS AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM is made this at' day of 200Y by the Westgate at Williamsburg Condominium Association, Inc ssociation").

WITNESSETH: WHEREAS, the 752 L.L.C., a Virginia limited liability company ("Declarant"), created Westgate at Williamsburg, a condominium, by its recordation of the DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM P'Declaration"). and the BYLAWS OF WESTGATE AT WILLIAMSBURG CONDOMLNI~M ASSOCIATION, INC. laws", on June 3, 1999, Instrument Number 990742, as subsequently amended and recorded, in the Clerk's Office of the Circuit Court of the City of Williamsburg and County of James City, Virginia; WHEREAS, pursuant to Article IX, Section 1 of the Declaration, the Declaration may be amended by "the agreement of Unit Owners of Units to which 67% of the votes in the Unit Owners Association appertain"; WHEREAS, Article 11, Section 5 of the ~ilaws requires that written notice of an annual orregular meeting of the Unit Owners Association shall havebeen given to each owner at lcast twenty-one (21) but not more than sixty (60) days &:advance of such tice of any other meeting shall be sent at least . ~ vance of such meeting, and Article Vm, Secti that all Mortgagees requesting same aregiven notice seven days prior to the date for any

Page 60

vance of such tice of any other meeting shall be sent at least . ~ vance of such meeting, and Article Vm, Secti that all Mortgagees requesting same aregiven notice seven days prior to the date for any meeting at which the Unit Owners may amend the Condominium Instruments; WREREAS, in accordance with Article 11, Section 5, and Micle VIII, Section 3 of the Bylaws, the Association duly notified its membership and Mortgagees of the meeting to vote on these proposed Amendments to the Declaration; WHEREAS, at a duly called meeting of the Association's membership on the - day of ,2003, the Unit Owners of the Units to which at least 67% of the votes in the Unit Owners Association appertain, as evidenced by their votes, agreed to and approved of the following Amendments to the Declaration; NOW, THEREFORE, in accordance with Article M, Section 1 of the Declaration, the Declaration is hereby amended as follows: 1. Article V, Section 1(f) of the Declaration has been amended so that the amended version of Article V, Section l(f) of the Declaration, in its entirety, reads as follows:

hereby amended as follows: 1. Article V, Section 1(f) of the Declaration has been amended so that the amended version of Article V, Section l(f) of the Declaration, in its entirety, reads as follows: 2. The effective date of this Amendment shall be the date of recordation

that the lessees shall comply with the Association's Declaration, Bylaws, Articles of Incorporation and Rules and Regulations.

2. The effective date of this Amendment shall be the date of recordation 3. Except as modified by this Amendment, all of the terms and provisions of the Declaration are expressly ratified and confirmed and shall remain in full force and effect. IN WITNESS WHEREOF, the Board of Directors has caused this Amendment -to the Declaration to be executed and recorded on behalf of Westgate at Williamsburg Condominium Association, In t-, pursuant to the required vote and approval by the Owners of Units in Westgatenilliamsburg, a Condominium. Westgate at Williamsburg Condominium Association, Inc., a Virginia non -stock corporation.

BY: daird41- y_gad-t5(i President ) By: Lyi7-2cCf /ÚL- Secretary 2 1. Article V, Section 1 (0 of the Declaration has been amended so that the amended version of Article V, Section 1(Q of the Declaration, in its entirety, reads as follows: (Q A total of at least seventy-seven (77) Units in the Condominium must be occupied by Owners as their principal residence, at any given time, provided. however, that Units not occupied by Owners as their principal residence as of the eflective date of this Amendment may remain in such capacity until the ownership of the Unit changes.

However, on a case-by-case basis, the Board of Directors shall have the discretion to waive the applicability of this restriction due to hardship. For the purposes of this Section, an Owner-occupied Unit shall be a Unit which is occupied by a record Owner of the Unit, or a named beneficiary ofthe applicable trust ifthe Unit is owned by a trust.

No Condominium Unit shall be rented or leasedfor transient or hotelpurposes, or in any

Page 61

pied by a record Owner of the Unit, or a named beneficiary ofthe applicable trust ifthe Unit is owned by a trust.

No Condominium Unit shall be rented or leasedfor transient or hotelpurposes, or in any event for less than a six (6) month period. Unit Owners shallprovide hisher lessee a copy of the Condominium Instruments including the Rules and Regulations. The Unit Owner shall, following the execution of any lease of a Condominium Unit, within seven days, provide the Association-with a copy of the tenant information form and the names of allpeysons occupying the Unit and their telephone numbers. All leases shall expressly provide that the lessees shall comply with the Association S Declaration, Bylaws, Articles of Incorporation and Rules and Regulations.

2. The effective date of this Amendment shall be the date of recordation.

3. Except as modified by this Amendment, all of the terms and provisions of the Declaration are expressly ratified and confirmed and shall remain in full force and effect.

IN WITNESS WHEREOF, the Board of Directors has caused this Amendmene-to Westgate at Williamsburg Condominium Association, Inc., a Virginia non-stock corporation.

By: Secretary CERTIFICATE OF THE PRESIDENT OF WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

minium. .

Westgate at Williamsburg Condominium Association, Inc., a Virginia non-stock corporation.

By: Secretary CERTIFICATE OF THE PRESIDENT OF WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

The President of Westgate at Williamsburg Condominium Association, Inc., hereby certifies that the above Amendment to the Declaration of Condominium of Westgate at Williamsburg, a Condominium, was consented to and approved by the Unit Owners of the Units to which at least 67% of the votes in the Unit Owners Association appertain, pursuant to pursuant to Article IX, Section 1 of the Declaration, Westgate at Williamsburg, a Condominium, is located in the City of Williamsburg, Virginia, and the original Declaration and Bylaws applicable to Westgate at Williamsburg, a Condominium, are recorded in the Clerk's Office of the Circuit Court of the City of Williamsburg and County of James City, Virginia, in Instrument Number 990742, as subsequently amended. Attest: Secretary COMMONWEALT CITY /COUNTY OF F VIRGINIA On this áD day of public, personally appeared Ut President of Westgate at Williamsburg Con d íninium Association, Inc., a Virginia non- stock corporation, who is known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he /she executed the same for the purposes therein contained. By: l /`iid? President , 20(x, before me, the undersigned notary ,the IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

t he /she executed the same for the purposes therein contained. By: l /`iid? President , 20(x, before me, the undersigned notary ,the IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

My commission expires: Of - 3U -d COMMONWEALTH OF VIRGINIA CITY /COUNTY OF ¿ LLC .c -ote On this óv day of ? , 200X, befpr e the undersigned notary W /-'o public, personally appeared 4 Secretary of Westgate at Williamsbn Condominium Association, Inc., a Virginia non- stock corporation, who is known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he /she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

My commission expires: Notary Public CONL)OA4INIIJ.V ASSOCIATIOY .L-... INC.

Attest: l2k&k&d fd By: Secretary President -.

On this day of rVCrZL(/ before me, the undersigned notary public, personally appeared L't the

Page 62

ginia, in Instrument Number 990742, as subsequently amended.

Attest: l2k&k&d fd By: Secretary President -.

On this day of rVCrZL(/ before me, the undersigned notary public, personally appeared L't the President of Westgate at Williamsburg Inc., a Virginia nonthe same for the purposes therein contained.

-: My commission expires: f / - 30 - ,COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,& w On this day of ,2068, bef e me the undersigned notary public, personally appeared the Secretary of Westgate at ~illiamsb&Condominium Association, Inc., a Virginia nonstock corporation, who is known to me (or satisfactorily proven) to be the person whose . . name is subscribed to the foregoing instrument and acknowledged that helshe executed . .

the same for the purposes therein contained. L..,.e P,a IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

My commission expires: "otary Public 11-30-0,3 '. .: ... . .."

ecuted . .

the same for the purposes therein contained. L..,.e P,a IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

My commission expires: "otary Public 11-30-0,3 '. .: ... . .."

282-08-10-101 282-08-10-102 282-08-10-103 282-08-10-104 282-08-07-201 282-08-07-202 282-08-07-203 282-08-07-204 282-08-06-301 282-08-06-302 282-08-06-303 282-08-06-304 281-10-05-401 281-10-05-402 281-10-05-403 281-10-05-404 281-10-04-501 281-10-04-502 281-10-04-503 281-10-04-504 281-10-03-601 281-10-03-602 281-10-03-603 281-10-04-604 281-10-02-701 281-10-02-702 281-10-02-703 281-10-02-704 281-10-27-801 281-10-27-802 281-10-27-803 281-10-27-804 281-10-08-901 281-10-08-902 281-10-08-903 281-10-08-904 281-10-09-1001 281-10-09-1002 281-10-09-1003 281-10-09-1004 281-10-11-1101 2A bet tdin: 2BIETECVE1.4169EMR1út.3E, CLERK City of Williamsburg and County of dames City, VA BY: CVY1 (4) .u/alee Deputy Clerk EXHIBIT A

1 281-10-09-1002 281-10-09-1003 281-10-09-1004 281-10-11-1101 2A bet tdin: 2BIETECVE1.4169EMR1út.3E, CLERK City of Williamsburg and County of dames City, VA BY: CVY1 (4) .u/alee Deputy Clerk EXHIBIT A VIRGINIA: CITY OF WILUAMSBURG &:COU IA ES This document was admitted to record on at 1,2 : í . $4/PM. The taxes imposed i ' irgi f Code Section 58.1 -801, 58.1 -802 & 58.1 -B14 have been paid. STATE TAX LOCAL TAX ADDITIONAL TAX $ $ $ t ES i t: BETSY B. WOOLRIOGE, CLERK BY ` .I'] . rt - '. Clerk EXHIBIT A 282-08-10-101 281-10-11-1104 281 -1 0-22-2203 282-08-10-102 281-10-12-1201 281-10-22-2204

ATE TAX LOCAL TAX ADDITIONAL TAX $ $ $ t ES i t: BETSY B. WOOLRIOGE, CLERK BY ` .I'] . rt - '. Clerk EXHIBIT A 282-08-10-101 281-10-11-1104 281 -1 0-22-2203 282-08-10-102 281-10-12-1201 281-10-22-2204 282-08-10-103 281-10-12-1202 281-10-23-2301 282-08-10-104 281-10-12-1203 281-10-23-2302 282-08-07-201 281-10-12-1204 281-10-23-2303 282-08-07-202 281-10-13-1301 281-10-23-2304 282-08-07-203 281-10-13-1302 28 1-1 0-24-240 1 282-08-07-204 281-10-13-1303 281-10-24-2402 282-08-06-302 281-10-14-1401 281-10-24-2404 282-08-06-303 281-10-14-1402 281-10-25-2501 282-08-06-304 281-10-14-1403 281-10-25-2502 281-10-05-401 .- 281-10-14-1404 281-10-25-2503 281-10-05-402 281-10-16-1501 28i-10%-2504 281-1 0-05-403 281-10-16-1502 281 - 10-26-2601 281-10-05-4Og 281-10-16-1503 281-10-26-2602 281-10-04-501 281-10-16-1504 281-10-26-2603 281-10-04-502 281-10-17-1601 281-10-26-2604 281-10-04-503 281-10-17-1602 282-08-01-2701 281-10-04-504 281-10-17-1603 282-08-01-2702 281-10-03-601 281-10-17-1604 282-08-01-2703 28 1 - 10-03-602 281-10-18-1701 282-08-01-2704 281-10-03-603 . .. . 281-10-18-1702 281-10-02-704 281-10-19-1803 281-10-27-801 . . 281-10-19-1804 281-16-27-802 281-10-15-1901 281-10-27-803 281-10-15-1902 281-10-27-804 281-10-15-1903 281-10-08-901 281-10-15-1904 281-10-08-902 281-10-20-2001 281-1 0-08-903 281-10-20-2002 281-10-08-904 28 1-1 0-20-2003 281-10-09-1001 281-10-20-2004 281-10-09-1002 281-10-21-2101 VIRGMIA:CTP(OFIVIUTAMSBURG&COU IA ES 281-10-09-1003 281-10-21-2102 This kcument was admitted to record on

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002 281-10-08-904 28 1-1 0-20-2003 281-10-09-1001 281-10-20-2004 281-10-09-1002 281-10-21-2101 VIRGMIA:CTP(OFIVIUTAMSBURG&COU IA ES 281-10-09-1003 281-10-21-2102 This kcument was admitted to record on 281-10-11-1101 281-10-21-2104 SFATETAX LWL TAX ADDITIONAL TAX City ;if Vtiiiiamsburg and County of James City, VA BY erk B* + 990742 DECLARATION OF CONDOMINIUM

X City ;if Vtiiiiamsburg and County of James City, VA BY erk B* + 990742 DECLARATION OF CONDOMINIUM OF WESTGAl'E AT WILLIAMSBURG, A CONDOMINIUM THIS DECLARATION, dated as of the 28th day of May , 1999, by 752 L.L.C., a Virginia limited liability company [who, with its successors as described in Regulation § 1.3 of Virginia Condominium Regulations promulgated by the Virginia Real Estate Board (effective July 1, 1988), is hereinafter referred to as 'Declarant"], provides: RECITALS: Declarant is the fee simple owner of certain real estate situate in the City of Williamsburg, Virginia, as more particularly described in Exhibit A -1 hereto and desires to create thereon a condominium regime by submitting the real estate described in Exhibit A -1 to the provisions of Chapter 4.2 of Title 55 of the Code of Virginia of 1950, as amended, Va. Code Ann. Sections 55- 79.39 et seq. (the "Condominium Act "). Each reference in the Condominium Instruments to a particular statute of the Condominium Act shall be deemed to be a reference to that statute as in effect on the date of recordation of the instrument, except where the context clearly indicates a contrary intent. Declarant has deemed it desirable to establish a means whereby the Unit Owners, acting together, may manage, maintain and improve the Condominium and to that end has or will cause to be formed a Virginia nonstock corporation under the name Westgate at Williamsburg Condominium Association, Inc., hereafter called the "Unit Owners Association ". DECLARATION: NOW THEREFORE, pursuant to the Condominium Act, Declarant hereby declares that the real estate described in Exhibit A -1 hereto is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. ARTICLE I DEFINITIONS Section 1. "Additional Land" shall be as defined in Article VIII hereof and is further described in Exhibit A-4 hereto. Section 2. "Articles of Incorporation" means the Articles of Incorporation of the Unit Owners Association, as the same may from time to time be amended.

and is further described in Exhibit A-4 hereto. Section 2. "Articles of Incorporation" means the Articles of Incorporation of the Unit Owners Association, as the same may from time to time be amended.

DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM THIS DECLARATION, dated as of the 28th day of May , 1999, by 752 L.L.C., a Virginia limited liability company [who, with its successors as described in Regulation $ 1.3 of Virginia Condominium Regulations promulgated by the Virginia Real Estate Board (effective July 1, 1988), is hereinafter referred to as "Declarant"], provides: RECITALS: Declarant is the fee simple owner of certain real estate situate in the City of Williamsburg, Virginia, as more particularly described in Exhibit A-1 hereto and desires to create thereon a condominium regime by submitting the real estate described in Exhibit A-1 to the provisions of Chapter 4.2 of Title 55 of the Code of Virginia of 1950, as amended, Va. Code Ann. Sections 5579.39 -. (the "Condominium Act"). Each reference in the Condominium Instruments to a particular statute of the Condominium Act shall be deemed to be a reference to that statute as in effect on the date of recordation of the instrument, except where the context clearly indicates a contrary intent.

Declarant has deemed it desirable to establish a means whereby the Unit Owners, acting together, may manage, maintain and improve the Condominium and to that end has or will cause to c-, C be formed a Virginia nonstock corporation under the name Westgate at Williamsburg Condominium z Association, Inc., hereafter called the "Unit Owners Association". o I 99 DECLARATION: o 0

Page 64

ause to c-, C be formed a Virginia nonstock corporation under the name Westgate at Williamsburg Condominium z Association, Inc., hereafter called the "Unit Owners Association". o I 99 DECLARATION: o 0 NOW THEREFORE, pursuant to the Condominium Act, Declarant hereby declares that the "1 - real estate described in Exhibit A-1 hereto is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, resbictions, easements, charges and liens hereinafter set forth.

ARTICLE I DEFINITIONS Section 1. "Additional Land" shall be as defined in Article VIII hereof and is further described in Exhibit A-4 hereto.

Section 2. "Articles of Incorporation" means the Articles of Incorporation of the Unit Owners Association, as the same may from time to time be amended.

Section 3. "Board of Directors" shall mean the Board of Directors of the Unit Owners Association. Section 4. "Bylaws" shall mean the Bylaws of the Unit Owners Association, as the same may be amended from time to time. Section 5. "Condominium" means the real estate and any incidents thereto or interests therein from time to time submitted to the Condominium Act pursuant to the Declaration.

79.41.

79.41. Section 6. "Condominium Unit" shall have the meaning set forth in Va. Code Ann. §55Section 7. "Common Elements" shall have the meaning set forth in Va. Code Ann §55Section 8. "Common Expenses" shall have the meaning set forth in Va. Code Ann. §55-

g set forth in Va. Code Ann. §55Section 7. "Common Elements" shall have the meaning set forth in Va. Code Ann §55Section 8. "Common Expenses" shall have the meaning set forth in Va. Code Ann. §55Section 9. "Condominium Instruments" shall mean the documents described in Va. Code §55 -79.41 together with the Articles of Incorporation, as the same may be amended from time to time. Section 10. "Declaration" shall mean this instrument, as the same may be amended or supplemented from time to time. Section 11. "Limited Common Elements" shall have the meaning set forth in Va. Code Ann. w §55- 79.41. 99 CD Section 12. "Mortgagee" shall mean the holder of a note secured by a deed of trust a encumbering a Unit. cn Section 13. "Percentage Interest" shall mean the respective percentage interest appurtenant to each Unit and representing that Unit's interest in Common Elements, voting interest and liability for Common Expenses. As of the date of this instrument, the Percentage Interest appurtenant to each Unit is set forth in Exhibit .B hereto. Each Unit has an equal Percentage Interest assigned to it. The Percentage Interest assigned to each Unit will be reduced if the Condominium is expanded pursuant to Article VIII. Section 14. "Period of Declarant Control" shall mean that period beginning on the date of recordation of this Declaration and expiring on the first to occur of (i) the date upon which Units to which 75% of the Percentage Interests appertain have been conveyed or (ii) five (5) years after the date of settlement of the first Unit in the Condominium to be sold.

2 Section 3. "Board of Directors" shall mean the Board of Directors of the Unit Owners Association.

Section 4. "Bylaws" shall mean the Bylaws of the Unit Owners Association, as the same

um to be sold.

2 Section 3. "Board of Directors" shall mean the Board of Directors of the Unit Owners Association.

Section 4. "Bylaws" shall mean the Bylaws of the Unit Owners Association, as the same may be amended from time to time.

Section 5. "Condominium" means the real estate and any incidents thereto or interests therein from time to time submitted to the Condominium Act pursuant to the Declaration.

Section 6. "Condominium Unit" shall have the meaning set forth in Va. Code Ann. $5579.41.

Section 7. "Common Elements" shall have the meaning set forth in Va. Code Ann. $5579.41.

Section 8. "Common Expenses" shall have the meaning set forth in Va. Code Ann. $5579.41.

Section 9. "Condominium Instrnments" shall mean the documents described in Va. Code $55-79.41 together with the Articles of Incorporation, as the same may be amended kom time to time.

Section 10. "Declaration" shall mean this instrument, as the same may be amended or supplemented from time to time. c C Z Section I I. "Limited Common Elements" shall have the meaning set forth in Va. Code Ann. I 0 $55-79.41. !%I U Section 12. "Mortgagee" shall mean the holder of a note secured by a deed of trust a encumbering a Unit. ~17 cn Section 13. "Percentage Interest" shall mean the respective percentage interest appurtenant to each Unit and representing that Unit's interest in Common Elements, voting interest and liability for Common Expenses. As of the date of this instrument, the Percentage Interest appurtenant to each Unit is set forth in Exhibit B hereto. Each Unit has an equal Percentage Interest assigned to it.

The Percentage Interest assigned to each Unit will be reduced if the Condominium is expanded pursuant to Article Vm.

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rth in Exhibit B hereto. Each Unit has an equal Percentage Interest assigned to it.

The Percentage Interest assigned to each Unit will be reduced if the Condominium is expanded pursuant to Article Vm.

Section 14. "Period of Declarant Control" shall mean that period beginnimg on the date of recordation of this Declaration and exoiring on the fmt to occur of (i) the date uoon which Units to . - \, which 75% of the Percentage Interests appertain have been conveyed or (ii) five (5) years after the date of settlement of the fmt Unit in the Condominium to be sold.

Section 15. "Person" shall have the meaning set forth in Va. Code Ann §55- 79.41. Section 16. "Rules and Regulations" shall mean the rules and regulations from rime to time adopted by the Board of Directors pursuant to the Bylaws. Section 17. "Unit" shall have the meaning set forth in Va. Code Ann. §55- 79.41. The boundaries of each Unit are more particularly described in Section 2 of Article II hereof. Section 18. "Unit Owner" shall mean the fee simple owner of a Condominium Unit (including Declarant as to Condominium Units owned by Declarant), but excluding those holding title merely as security for the performance of an obligation. Section 19. "Unit Owners Association" shall mean Westgate at Williamsburg Condominium Association, Inc., a Virginia nonstock corporation.

title merely as security for the performance of an obligation. Section 19. "Unit Owners Association" shall mean Westgate at Williamsburg Condominium Association, Inc., a Virginia nonstock corporation.

ARTICLE II CREATION OF THE CONDOMINIUM Section 1. Declarant does hereby submit the real estate situate in the City of Williamsburg, Virginia, as more particularly described in Exhibit A -1, to the provisions of the Condominium Act with the purpose and intent to create a condominium regime with respect thereto. Except as provided in Section 7 of Article VIII hereof, the name of the Condominium shall be "Westgate at Williamsburg, a Condominium." "V Section 2. The boundaries of each Unit in the Building shown on the Plat as "Building 27" cv shall be as follows: °s (a) Units whose unit numbers are 2701, 2702, 2703 and 2704 are each two story Units. (b) The lower (horizontal) boundary of each of the Units is the horizontal plane of the upper surface of the gypsum- concrete floor topping of the Unit.

(c) The upper (horizontal) boundary of each of the Units is the horizontal plane(s) of the upper (covered) surface of the gypsum board (or other material) constituting the exposed ceiling of the Unit.

(d) The vertical (perimetric) boundaries shall be the vertical planes of the perimeter walls [as measured from inside face of stud wall to inside face of stud wall] of a Unit extended to intersections with other vertical boundaries and with the horizontal boundaries. It is understood that Va. Code Ann. §55- 79.50(b) shall apply and that all doors and windows in such walls, and all lath, 3 o o Cil O Section 15. "Person" shall have the meaning set forth in Va. Code Ann. 555-79.41.

Section 16. "Rules and Regulations" shall mean the rules and regulations hm time to time

ls, and all lath, 3 o o Cil O Section 15. "Person" shall have the meaning set forth in Va. Code Ann. 555-79.41.

Section 16. "Rules and Regulations" shall mean the rules and regulations hm time to time adopted by the Board of Directors pursuant to the Bylaws.

Section 17. 'WUn' shall have the meaning set forth in Va. Code Ann. 555-79.41. The boundaries of each Unit are more particularly described in Section 2 of Article I1 hereof.

Section 18. "Unit Owner" shall mean the fee simple owner of a Condominium Unit (including Declarant as to Condominium Units owned by Declarant), but excluding those holding title merely as security for the performance of an obligation.

Section 19. "Unit Owners Association" shall mean Westgate at Williamsbnrg Condominium Association, Inc., a Virginia nonstock corporation.

ARTICLE II CREATION OF THE CONDOMINEM Section 1. Declarant does hereby submit the real estate situate in the City of Williamsburg, Virginia, as more particularly described in Exhibit A-1, to the provisions of the Condominium Act with the purpose and intent to create a condominium regime with respect thereto. Except as provided in Section 7 of Article Vm hereof, the name of the Condominium shall be "Westgate at Williamsburg, a Condominium." ' c C ZZ Section 2. The boundaries of each Unit in the Building shown on the Plat as "Building 27" I 0 shall be as follows: %I 0 (a) Units whose unit numbers are 2701, 2702, 2703 and 2704 are each two story a units. CJl Cn @) The lower (horizontal) boundary of each of the Units is the horizontal plane of the upper surface of the gypsum-concrete floor topping of the Unit.

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each of the Units is the horizontal plane of the upper surface of the gypsum-concrete floor topping of the Unit.

(d) The vertical (perimetric) boundaries shall be the vertical planes of the perimeter walls [as measured from inside face of stud wall to inside face of stud wall] of a Unit extended to intersections with other vertical boundaries and with the horizontal boundaries. It is understood that Va. Code Ann. $55-79.50@) shall apply and that all doors and windows in such walls, and all lath, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint and other materials constituting any part of the fmished surface thereof; shall be a part of the Unit, while all other portions of such walls shall be a part of the Common Elements.

, wallpaper, paint and other materials constituting any part of the fmished surface thereof; shall be a part of the Unit, while all other portions of such walls shall be a part of the Common Elements.

(e) Except as may be otherwise expressly provided, the Unit shall include the items specified as being part of a Unit in Va. Code Ann §55- 79.50(b) - (d). Heating, air -conditioning and air- handling equipment serving a single Unit (wherever located) shall be deemed to be a part of the Unit which it serves. As an example of the foregoing, condensing units and the pads therefor (and the lines running thereto) which serve a single Unit are part of that Unit even though mounted on the roof of or on the ground outside of the building in which the Unit is located. If any equipment, chute, flue, duct, conduit, wires, pipes, chases or other apparatus (collectively "Equipment ") lies within a Unit or the Common Elements but serves a single Unit (the "dominant Unit ") other than the Unit or the Common Elements in which it is located (the "servient Unit or Common Elements "), it shall be deemed to be part of the dominant Unit. The Unit Owner of the dominant Unit shall have the right of access through the servient Unit or Common Elements at reasonable times and upon reasonable advance notice to the Unit Owner of the servient Unit or to the Unit Owners Association as to servient Common Elements to inspect the Equipment and to maintain, repair and replace same when necessary; provided however, that the Unit Owner of the dominant Unit shall repair or replace any damage to the servient Unit or Common Elements caused by his exercise of rights hereunder.

e same when necessary; provided however, that the Unit Owner of the dominant Unit shall repair or replace any damage to the servient Unit or Common Elements caused by his exercise of rights hereunder.

(f) To the extent not inconsistent with the Condominium Act, the existing physical boundaries of a Unit or Common Elements (including the physical boundaries of a Unit of Common Elements reconstructed in substantial accordance with the original plat and plans thereof) shall prevail over any boundaries expressed in the Condominium Instruments or deed to a Unit, regardless of settling or lateral movement of a building or minor variance between boundaries shown in the Condominium Instruments or deed. The extent of any such revised boundary(ies) created by the overlap of Units, Common Elements and Limited Common Elements resulting from such encroachments shall not exceed one (1) foot. Section 3. Except as may be otherwise expressly provided, the items specified in Va. Code Ann. §55- 79 -50(e) [including without limitation porches] shall be limited common elements appertaining to the Unit or Units which they serve. No Common Elements shall be subsequently assigned as Limited Common Elements. Section 4. Each Unit is allocated an undivided interest in the Common Elements in accordance with that Unit's respective Percentage Interest (which Percentage Interest is on an equal basis and expressed as a fraction in Exhibit B hereto). Each Unit's Percentage Interest will change (i.e. be reduced) if and as the Condominium is expanded pursuant to Article VIII hereof. Section 5. Attached hereto as Exhibit A -2 is a plat of survey (the "Plat ") certified by a registered land surveyor [as to accuracy and compliance with the provisions of Va. Code §55- 79.58(a)] showing the location and dimensions of the real estate comprising the Condominium and the Additional Land, the location of the existing improvements to the Condominium, the intended

ode §55- 79.58(a)] showing the location and dimensions of the real estate comprising the Condominium and the Additional Land, the location of the existing improvements to the Condominium, the intended 4 wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint and other materials constituting any part of the fmished surface thereof, shall be a part of the Unit, while all other portions of such walls shall be a part of the Common Elements.

(e) Except as may be otherwise expressly provided, the Unit shall include the items specified as being part of a Unit in Va. Code Ann. $55-79.50(b) - (d). Heating, air-conditioning and air-handling equipment serving a single Unit (wherever located) shall be deemed to be a part of the Unit which it serves. As an example of the foregoing, condensing units and the pads therefor (and the lines running thereto) which serve a single Unit are part of that Unit even though mounted on the roof of or on the ground outside of the building in which the Unit is located. If any equipment, chute, flue, duct, conduit, wires, pipes, chases or other apparatus (collectively "Equipment") lies within a Unit or the Common Elements but serves a single Unit (the "dominant Unit") other than the Unit or the Common Elements in which it is located (the "se~ent Unit or Common Elements"), it shall be deemed to be part of the dominant Unit. The Unit Owner of the dominant Unit shall have the right of access through the se~ent Unit or Common Elements at reasonable times and upon reasonable advance notice to the Unit Owner of the servient Unit or to the Unit Owners Association as to servient Common Elements to inspect the Equipment and to maintain, repair and replace same

upon reasonable advance notice to the Unit Owner of the servient Unit or to the Unit Owners Association as to servient Common Elements to inspect the Equipment and to maintain, repair and replace same when necessary; provided however, that the Unit Owner of the dominant Unit shall repair or replace any damage to the servient Unit or Common Elements caused by his exercise of rights hereunder.

(f) To the extent not inconsistent with the Condominium Act, the existing physical boundaries of a Unit or Common Elements (including the physical boundaries of a Unit or Common Elements reconstructed in substantial accordance with the original plat and plans thereof) shall prevail over any boundaries expressed in the Condominium Instruments or deed to a Unit, regardless of settling or lateral movement of a building or minor variance between boundaries shown in the Condominium Instruments or deed. The extent of any such revised boundary(ies) created by the overlap of Units, Common Elements and Limited Common Elements resulting from such .

encroachments shall not exceed one (1) foot.

Section 3. Except as may be otherwise expressly provided, the items specified in Va. Code Aun. $55-79-50(e) [including without limitation porches] shall be limited common elements appertaining to the Unit or Units which they serve. No Common Elements shall be subsequently assigned as Limited Common Elements.

Section 4. Each Unit is allocated an undivided interest in the Common Elements in accordance with that Unit's respective Percentage Interest (which Percentage Interest is on an equal basis and expressed as a fi-action in Exhibit B hereto). Each Unit's Percentage Interest will change (i.e. be reduced) if and as the Condominium is expanded pursuant to Article Vm hereof.

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on an equal basis and expressed as a fi-action in Exhibit B hereto). Each Unit's Percentage Interest will change (i.e. be reduced) if and as the Condominium is expanded pursuant to Article Vm hereof.

Section 5. Attached hereto as Exhibit A-2 is a plat of survey (the "Plat") certified by a registered land surveyor [as to accuracy and compliance with the provisions of Va Code $5579.58(a)] showing the location and dimensions of the real estate comprising the Condominium and the Additional Land, the location of the existing improvements to the Condominium, the intended

ode $5579.58(a)] showing the location and dimensions of the real estate comprising the Condominium and the Additional Land, the location of the existing improvements to the Condominium, the intended location and dimensions of any contemplated improvements (if any) to the Condominium, and the location and dimensions of easements appurtenant to the Condominium or to which the Condominium is subject. Section 6. Attached hereto as Exhibit A -3 is a set of plans (the "Plans ") certified by a registered architect or registered engineer [as to accuracy and compliance with Va. Code Mn §55- 79.58(b) and (e)] of every structure which contains or constitutes all or part of any Unit or Units, and which is located on the Condominium. The Plans also show the dimensions of existing improvements, the vertical boundaries, the elevations of the horizontal boundaries, the Limited Common Elements (to the extent required by the Condominium Act) and the identifying numbers of The Units thus depicted. ARTICLE III EASEMENTS AND RESERVED RIGHTS Section 1. Subject to subsection 2(0 of Article II, easements for encroachments are hereby reserved pursuant to Va. Code Ann. §55- 79.60. Section 2. Declarant reserves for itself and its duly authorized agents, representatives, employees, successors and assigns (i) the right to maintain sales offices and/or model units in any Unit owned by Declarant that may now or hereafter be :a part of the Condominium, and the right to relocate the same from time to time to any other Unit owned by Declarant; provided however, that Declarant shall not maintain more than four (4) offices and model units at any one time, and (ii) an easement over and upon the Common Elements for the purpose of completing improvements to the Additional Land including provision of utility service and pedestrian and vehicular access thereto, but only to the extent access thereto is otherwise not reasonably available. Declarant further reserves certain easements for utilities and drainage across the Condominium (including Phase I and any additional phase thereof subjected to this Declaration) in the locations shown on the Plat for the benefit of the Additional Land (regardless of whether it is subjected to the Declaration) and other real estate owned by Declarant as of the date of this Declaration. Section 3. Each Unit shall have an easement for subjacent and lateral support vis a vis the other Units and Common Elements. Section 4. Any Unit Owner of adjoining Units (whether on the same floor or different levels) may, at his expense and with the prior written consent of Board of Directors of the Unit Owners Association, create openings between such adjoining Units through the Common Elements so long as the safety of the building is not impaired. Section 5. The Unit Owners Association may install separate utility meters and apparatus in connection therewith with respect to Units in lieu of any central meter should it determine to do so. The Unit Owners Association may assess as part of Common Expenses the cost of any utility service

connection therewith with respect to Units in lieu of any central meter should it determine to do so. The Unit Owners Association may assess as part of Common Expenses the cost of any utility service 5 location and dimensions of any contemplated improvements (if any) to the Condominium, and the location and dimensions of easements appurtenant to the Condominium or to which the Condominium is subject.

Section 6. Attached hereto as Exhibit A-3 is a set of plans (the "Plans") certified by a registered architect or registered engineer [as to accuracy and compliance with Va. Code Ann. $5579.58(b) and (e)] of every structure which contains or constitutes all or part of any Unit or Units, and which is located on the Condominium. The Plans also show the dimensions of existing improvements, the vertical boundaries, the elevations of the horizontal boundaries, the Limited Common Elements (to the extent required by the Condominium Act) and the identifjmg numbers of the Units thus depicted EASEMENTS AND RESERVED RIGHTS Section 1. Subject to subsection 20 of Article 11, easements for encroachments are hereby reserved pursuant to Va Code Ann. 555-79.60.

Section 2. Declarant resenres for itself and its duly authorized agents, representatives, employees, successors and assigns (i) the right to maintain sales offices andfor model units in any Unit owned by Declarant that may now or hereafter be a part of the Condominium, and the right to relocate the same fiom time to time to any other Unit owned by Declarant; provided however, that Declarant shall not maintain more than four (4) offices and model units at any one time, and (ii) an t easement over and upon the Common Elements for the purpose of completing improvements to the c L

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Declarant shall not maintain more than four (4) offices and model units at any one time, and (ii) an t easement over and upon the Common Elements for the purpose of completing improvements to the c L Additional Land including provision of utility senice and pedestrian and vehicular access thereto, ac I but only to the extent access thereto is othemise not reasonably available. Declarant further w reserves certain easements for utilities and drainage across the Condominium (including Phase I and 39 any additional phase thereof subjected to this Declaration) in the locations shown on the Plat for the 0 benefit of the Additional Land (regardless of whether it is subjected to the Declaration) and other 03 real estate owned by Declarant as of the date of this Declaration. CD Section 3. Each Unit shall have an easement for subjacent and lateral support vis a vis the other Units and Common Elements.

Section 4. Any Unit Owner of adjoining Units (whether on the same floor or different levels) may, at his expense and with the prior written consent of Board of Directors of the Unit Owners Association, create openings between such adjoining Units through the Common Elements so long as the safety of the building is not impaired.

Section 5. The Unit Owners Association may install separate utility meters and apparatus in connection therewith with respect to Units in lieu of any central meter should it determine to do so.

The Unit Owners Association may assess as part of Common Expenses the cost of any utility senice

n connection therewith with respect to Units in lieu of any central meter should it determine to do so.

The Unit Owners Association may assess as part of Common Expenses the cost of any utility senice (including without limitation cable television) supplied to all Units. Section 6. Nothing contained in any of the Condominium Instruments shall be deemed to impose upon Declarant any obligation of any nature to build, construct or provide any improvements except to the extent expressly required herein or in the Condominium Act. Section 7. To the extent made applicable to the Condominium by supplemental declaration, the Condominium shall also be subject to the easements set forth in the Protective Covenants. ARTICLE W RELOCATION OF UNTT BOUNDARIES; SUBDIVISION Section 1. Boundaries of adjoining Units (including without limitation adjoining Units on different floors) may be relocated in accordance with Va. Code Ann. §55- 79.69; provided however, that the prior written consent of any Mortgagee(s) of the Units involved shall be required to permit such relocation. Section 2. A Unit may not be subdivided or partitioned. ARTICLE V RESTRICTIONS Section 1. Each Unit and the Common Elements shall be occupied and used as follows: (a) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the mte of insurance for the Condominium without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Condominium or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste will be committed in the Common Elements. (b) No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. No nuisance shall be allowed in any Unit or Common Elements, and the Board of Directors shall have authority to prohibit any practice which is a source of annoyance to other Unit Owners or which interferes with the peaceful enjoyment and use of any Unit or Common Elements. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction and relating to any portion of the Condominium shall be complied with, by and at the sole expense of the Unit Owner or the Unit Owners Association, whichever shall have the obligation to maintain or repair such portion of the Condominium, and, if the Unit Owners Association, then the cost of such compliance shall be a

the Unit Owners Association, whichever shall have the obligation to maintain or repair such portion of the Condominium, and, if the Unit Owners Association, then the cost of such compliance shall be a 6 w 99 o c tari w (including without limitation cable television) supplied to all Units.

Section 6. Nothing contained in any of the Condominium Instruments shall be deemed to impose upon Declarant any obligation of any nature to.build, construct or provide any improvements except to the extent expressly required herein or in the Condominium Act.

Section 7. -1'0 the extent made applicable to the Condominium by supplemental declaration, the Condominium shall also be subject to the casements set forih in the I'rotwtive Covenants.

ARTICLE IV RELOCATION OF UNIT BOUNDARIES; SUBDMSION Section 1. Boundaries of adjoining Units (including without limitation adjoining Units on different floors) may be relocated in accordance with Va. Code Ann. $55-79.69; provided however, that the prior written consent of any Mortgagee@) of the Units involved shall be required to permit such relocation.

Section 2. A Unit may not be subdivided or partitioned.

ARTICLE V RESTRICTIONS Section 1. Each Unit and the Common Elements shall be occupied and used as follows: (a) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Condominium without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Condominium or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste will be committed in the Common Elements.

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the cancellation of insurance on the Condominium or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste will be committed in the Common Elements.

(b) No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. No nuisance shall be allowed in any Unit or Common Elements, and the Board of Directors shall have authority to prohibit any practice which is a source of annoyance to other Unit Owners or which interferes with the peaceful enjoyment and use of any Unit or Common Elements. All laws, orders, rules, regulations or requirements of any govemmental agency having jurisdiction and relating to any portion of the Condominium shall be complied with, by and at the sole expense of the Unit Owner or the Unit Owners Association, whichever shall have the obligation to maintain or repair such portion of the Condominium, and, if the Unit Owners Association, then the cost of such compliance shall be a Common Expense.

Association, whichever shall have the obligation to maintain or repair such portion of the Condominium, and, if the Unit Owners Association, then the cost of such compliance shall be a Common Expense.

(c) No Unit Owner shall obstruct any of the Common Elements, nor shall any Unit Owner store anything upon any of the Common Elements (except in those areas, if any, designated for storage by the Board of Directors) without the approval of the Board of Directors. Vehicular parking upon the Common Elements may be regulated or assigned by the Board of Directors. Nothing shall be altered or constructed in or removed from the Common Elements except with the prior written consent of the Board of Directors. (d) No Unit shall be used for other than residential purposes. (e) The Common Elements shall be used only for the furnishing of the services and facilities for which thé same are reasonably suited and which are incident to the use and occupancy of the Units.

(f) A Unit Owner shall have the right to lease his Unit.

(g) Without the prior written consent of the Board of Directors, except on replacements of any real construction no Unit Owner shall install any electrical or telephone wire, television or communication antenna, air conditioning unit, awning or other machine, device or improvement upon any Unit or Common Elements in such a fashion that it protrudes from or through any roof, balcony, wall or window nor shall any blind, shade, drapes or screen be attached to or used in connection with any exterior windows or exterior doors.

shion that it protrudes from or through any roof, balcony, wall or window nor shall any blind, shade, drapes or screen be attached to or used in connection with any exterior windows or exterior doors.

(h) Except for such signs as may be posted by the Declarant for construction, promotional or marketing purposes and traffic control and such "for sale" or "for lease" signs as may be posted by a Mortgagee on Units owned by the Mortgagee or under foreclosure, no signs, posters, lettering, notice or advertisements of any character shall be erected, posted or displayed upon, in, from or about any Unit or Common Element, except as authorized by the Board of Directors or by the Rules and Regulations.

(ì) The Unit Owners Association may prohibit or prescribe the location of heavy objects (such as, for example, safes and waterbeds).

(j) Pets shall be allowed in the Condominium only to the extent (if at all) and under the conditions prescribed by the Rules and Regulations. Section 2. Each Unit and the Common Elements shall be occupied and used in compliance with such Rules and Regulations as may be promulgated and amended from time to time by the Board of Directors. Copies of the Rules and Regulations shall be furnished by the Board of Directors to each Unit Owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Unit Owner upon request.

7 Conimon Expense.

ny Unit Owner store anything upon any of the Common Elements (except in those areas, if any, designated for storage by the Board of Directors) without the approval of the Board of Directors. Vehicular parking upon the Common Elements may be regulated or assigned by the Board of Directors.

Nothing shall be altered or constructed in or removed &om the Common Elements except with the prior written consent of the Board of Directors.

(d) No Unit shall be used for other than residential purposes.

(e) The Common Elements shall be used only for the furnishing of the senices and facilities for which the same are reasonably suited and which are incident to the use and occupancy of the Units.

(Q A Unit Owner shall have the right to lease his Unit.

(g) Without the prior written consent of the Board of Directors, except on replacements of any real construction no Unit Owner shall install any electrical or telephone wire, television or communication antenna, air conditioning unit, awning or other machine, device or improvement upon any Unit or Common Elements in such a fashion that it protrudes kom or through any roof, balcony, wall or window nor shall any blind, shade, drapes or screen be attached to or used in connection with any exterior windows or exterior doors.

C @) Except for such signs as may be posted by the Declarant for constrnction, C ;E I promotional or marketing purposes and traffic control and such "for sale" or "for lease" signs as may be posted by a Mortgagee on Units owned by the Mortgagee or under foreclosure, no signs, posters, 99 lettering, notice or advertisements of any character shall be erected, posted or displayed upon, in, o from or about any Unit or Common Element, except as authorized by the Board of Directors or by the Rules and Regulations. m~ 0

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ements of any character shall be erected, posted or displayed upon, in, o from or about any Unit or Common Element, except as authorized by the Board of Directors or by the Rules and Regulations. m~ 0 (i) The Unit Owners Association may prohibit or prescribe the location of heavy objects (such as, for example, safes and waterbeds).

0) Pets shall be allowed in the Condominium only to the extent (if at all) and under the conditions prescribed by the Rules and Regulations.

Section 2. Each Unit and the Common Elements shall be occupied and used in compliance with such Rules and Regulations as may be promulgated and amended from time to time by the Board of Directors. Copies of the Rules and Regulations shall be furnished by the Board of Directors to each Unit Owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be *shed to each Unit Owner upon request.

t Owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be *shed to each Unit Owner upon request.

Section 3. To the extent made applicable to the Condominium by supplemental declaration, the Condominium shall also be subject to the restrictions set forth in the Protective Covenants. ARTICLE VI TERMINATION Termination of the Condominium shall be in accordance with Va Code Ann. §55- 79.72:1; provided however, that termination shall not occur without such consent of Mortgagees as is required under the Bylaws. ARTICLE VII UNIT OWNERS ASSOCIATION Section 1. Attached hereto as Exhibits C and D respectively are the Articles of Incorporation and Bylaws of the Unit Owners Association, both of which instruments constitute part of the Condominium Instruments. The Articles of Incorporation have or will be filed with the State Corporation Commission of Virginia. Any amendments to the Articles of Incorporation will likewise be filed with the State Corporation Commission of Virginia but not necessarily among the land records where the Declaration is recorded. Section 2. The Board of Directors shall constitute the "executive organ" [as defined in the Condominium Act at §55- 79.41] of the Unit Owners Association. Section 3. All Unit Owners shall be members of the Unit Owners Association during and only during the period of their ownership of a Unit and shall have the voting interest set forth in the Articles of Incorporation. All Unit Owners shall abide by and comply with the Articles of Incorporation and Bylaws of the Unit Owners Association and such Rules and Regulations as are from lime to time adopted by the Board of Directors. Section 4. The establishment, collection and liability for Common Expenses shall be as set forth herein and in the Bylaws. ARTICLE VIII EXPANSION OF THE CONDOMINIUM Section 1. Declarant hereby reserves the option, to be exercised by Declarant at any time and from time to time by Declarant within seven (7) years from the date of recordation of this instrument, to expand the Condominium to include other real estate situate in Williamsburg, Virginia, and more particularly described by metes and bounds in Exhibit A4 hereto (the

recordation of this instrument, to expand the Condominium to include other real estate situate in Williamsburg, Virginia, and more particularly described by metes and bounds in Exhibit A4 hereto (the 8 Section 3. To the extent made applicable to the Condominium by supplemental declaration, the Condominium shall also be subject to the restrictions set forth in the Protective Covenants.

ARTICLE VI TERMINATION Termination of theCondominiurn shall be in accordance with Va Code Ann. $55-79.721; provided however, that termination shall not occur without such consent of Mortgagees as is required under the Bylaws.

ARTICLE W UNIT OWNERS ASSOCIATION Section 1. Attached hereto as Exhibits C and D respectively are the Articles of Incorporation and Bylaws of the Unit Owners Association, both of which instnunents constitute part of the Condominium Instruments. The Articles of Incorporation have or will be filed with the State Corporation Commission of Virginia. Any amendments to the Articles of Incorporation will likewise be filed with the State Corporation Commission of Virginia but not necessarily among the land records where the Declaration is recorded.

Section 2. The Board of Directors shall constitute the "executive organ" [as defined in the Condominium Act at $55-79.411 of the Unit Owna Association. C C zz I Section 3. All Unit Owners shall be members of the Unit Owners Association during and W only during the period of their ownership of a Unit and shall have the voting interest set forth in the 53 Articles of Incorporation. All Unit Owners shall abide by and comply with the Articles of a a Incorporation and Bylaws of the Unit Owners Association and such Rules and Regulations as are o, from time to time adopted by the Board of Directors. -

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all abide by and comply with the Articles of a a Incorporation and Bylaws of the Unit Owners Association and such Rules and Regulations as are o, from time to time adopted by the Board of Directors. Section 4. The establishment, collection and liability for Common Expenses shall be as set forth herein and in the Bylaws.

ARTICLE m EXPANSION OF THE CONDOMINIUM Section 1. Declarant hereby reserves the option, to be exercised by Declarant at any time and *om time to time by Declarant within seven (7) years from the date of recordation of this instrument, to expand the Condominium to include other real estate situate in Williamsburg Virginia, and more particularly described by metes and bounds in Exhibit A4 hereto (the

f recordation of this instrument, to expand the Condominium to include other real estate situate in Williamsburg Virginia, and more particularly described by metes and bounds in Exhibit A4 hereto (the 'Additional Land "). The consent of no Unit Owner other than Declarant shall be required in order to effect this expansion. The expansion shall be effected by the recordation of amendment(s) to this Declaration in accordance with Va. Code Ann. §55- 79.63. Such amendments may include descriptions of Unit boundaries different from those set forth herein in order to be consistent with the nature of construction of the Units created thereby. Declarant may unilaterally terminate or shorten the period of its option to expand by amendment to this Declaration. Upon recordation of an amendment expanding the Condominium, the Units created thereby will be entitled to voting rights and subject to assessment for Common Expenses. Section 2. All or any portion of the Additional Land may be added to the Condominium. There are no limitations as to what portions of the Additional Land, if any, may be added to the Condominium. Portions of the Additional Land may be added to the Condominium at different times. There are no limitations fixing the boundaries of those portions or regulating the order in which they may be added to the Condominium. Section 3. The maximum number of Units that may be created on the Additional Land is one hundred four (104) Units. The maximum number of Units per acre that may be created on any portion of the Additional Land added to the Condominium is fourteen (14) Units per acre; however, inasmuch as Units may be "clustered," there is no assurance that any particular area of the Condominium will not exceed this density limitation (it being understood that the foregoing density limitation represents only an average). No assurances are made as to location of any improvements that may be made on any portions of the Additional Land added to the Condominium. No assurances are made as to the compatibility of structures erected on any portion of the Additional Land added to the Condominium with structures on the real estate described in Exhibit A -1 in terms of principal materials to be used and architectural style; however, future improvements to the Condominium will be consistent with (if not better than) initial improvements in terms of quality of construction. No assurances are made as to what other improvements, if any, may be made on any portion of the Additional Land added to the Condominium. No assurances are made as to what types of Units may, be created on any portion of the Additional Land or as to the extent to which they will be substantially identical to the Units on the real estate described in Exhibit A -1. Section 4. Declarant reserves the tight to create Limited Commoh Elements within any portion of the Additional Land added to the Condominium and/or to designate Common Elements therein which may subsequently be assigned as Limited Common Elements, but makes no assurances as to the types, sizes and maximum number of such Common Elements and Limited Common Elements within each such portion. Declarant reserves the right to construct recreational facilities within the Additional Land which may be designated as Common Elements, including without limitation gardens, gazebos, recreational buildings, fountains, paved walkways and similar improvements. Declarant has posted a Letter of Credit/Bond with the Virginia Real Estate Board to ensure the completion of the pool which is located on the Additional Land and is intended to be designated as one of the Common Elements in connection with a later phase of the Condominium.

e Board to ensure the completion of the pool which is located on the Additional Land and is intended to be designated as one of the Common Elements in connection with a later phase of the Condominium.

"Additional Land"). The consent of no Unit Owner other than Declarant shall be required in order to effect this expansion. The expansion shall be effected by the recordation of amendment(s) to this Declaration in accordance with Va. Code Ann. 555-79.63. Such amendments may include descriptions of Unit boundaries different &om those set forth herein in order to be consistent with the nature of construction of the Units created thereby. Declarant may unilaterally terminate or shorten the period of its option to expand by amendment to this Declaration. Upon recordation of an amendment expanding the Condominium, the Units created thereby will be entitled to voting rights and subject to assessment for Common Expenses.

Section 2. All or any portion of the Additional Land may be added to the Condominium.

There are no limitations as to what portions of the Additional Land, if any, may be added to the Condominium. Portions of the Additional Land may be added to the Condominium at different times. There are no limitations fixing the boundaries of those portions or regulating the order in which they may be added to the Condominium.

Section 3. The maximum number of Units that may be created on the Additional Land is one hundred four (104) Units. The maximum number of Units per acre that may be created on any portion of the Additional Land added to the Condominium is fourteen (14) Units per acre; however, inasmuch as Units may be "clustered," there is no assurance that any particular area of the

ted on any portion of the Additional Land added to the Condominium is fourteen (14) Units per acre; however, inasmuch as Units may be "clustered," there is no assurance that any particular area of the Condominium will not exceed this density limitation (it being understood that the foregoing density limitation represents only an average). No assurances are made as to location of any improvements that may be made on any portions of the Additional Land added to the Condominium. No assurances are made as to the compatibility of structures erected on any portion of the Additional Land added to the Condominium with structures on the real estate described in Exhibit A-1 in terms t; of principal materials to be used and architectural style; however, future improvements to the Condominium will be consistent with (if not better than) initial improvements in terms of quality of I. W construction. No assurances are made as to what other improvements, if any, may be made on any 99 portion of the Additional Land added to the Condominium. No assurances are made as to what 0 types of Units may be created on any portion of the Additional Land or as to the extent to which they will be substantially identical to the Units on the real estate described in Exhibit A-I. a [?u Section 4. Declarant reserves the right to create Limited Commoh Elements within any portion of the Additional Land added to the Condominium andlor to designate Common Elements therein which may subsequently be assigned as Limited Common Elements, but makes no assurances as to the types, sizes and maximum number of such Common Elements and Limited Common Elements within each such portion. Declarant reserves the right to construct recreational

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, but makes no assurances as to the types, sizes and maximum number of such Common Elements and Limited Common Elements within each such portion. Declarant reserves the right to construct recreational facilities within the Additional Land which may be designated as Common Elements, including without limitation gardens, gazebos, recreational buildings, fountains, paved walkways and similar improvements. Declarant has posted a Letter of Creditmond with the Virginia Real Estate Board to ensure the completion of the pool which is located on the Additional Land and is intended to be designated as one of the Common Elements in comection with a later phase of the Condominium.

Section 5. The maximum percentage of the Additional Land and floor area of all Units that may be created thereon not restricted to residential use is 0%. Section 6. Inasmuch as all Units are allocated an equal Percentage Interest, following any expansion of the Condominium, each Unit's Percentage Interest will be a fraction, the numerator of which is one and the denominator of which is the aggregate number of Units then comprising the Condominium. The maximum Percentage Interest applicable to a Unit is as set forth in Exhibit B to this Declaration. The minimum Percentage Interest applicable to a Unit is 1/108.

s then comprising the Condominium. The maximum Percentage Interest applicable to a Unit is as set forth in Exhibit B to this Declaration. The minimum Percentage Interest applicable to a Unit is 1/108.

ARTICLE IX MISCELLANEOUS Section 1. Except as otherwise provided herein (including specifically, but without limitation, Articles W and VIII hereof), this Declaration may be amended only in accordance with §§ 55- 79.63, 55- 79.71, 55- 79.72:1 and 55- 79.72:2 of the Condominium Act provided however, that amendments of this Declaration, the Bylaws or the Articles of Incorporation other than those terminating the Condominium and other than those requiring a higher percentage vote of Unit Owners and other than those permitted under §55- 79.72 :1(f) of the Condominium Act and other than those under Articles W and VIII hereof shall require the agreement of Unit Owners of Units to which 67% of the votes in the Unit Owners Association appertain; and, provided further, that this Declaration may not be amended without the consent of Declarant until the expiration of the Period of Declarant Control. There shall be no amendment of this Declaration affecting Declarant's rights under Section 2 of Article III and under Article VIII hereof without Declarant's prior written consent. Section 2. Invalidation of any one of these covenants or restrictions shall in no way affect any other provisions hereof, which other provisions shall remain in full force and effect. Section 3. The provisions hereof shall be binding upon and inure to the benefit of Declarant and the Unit Owners and the Unit Owners Association and their respective heirs, legal representatives, successors and assigns, and, in the event of the failure of any Unit Owner to comply with the provisions of the Condominium Instruments, the same shall give rise to a cause of action in the Unit Owners Association or any aggrieved Unit Owner for the recovery of damages or for injunctive relief, or both: Section 4. All pronouns shall be construed to be of such number and gender as the context may require. All headings are used for convenience of reference only and shall not be construed so as to affect the construction of this instrument.

rued to be of such number and gender as the context may require. All headings are used for convenience of reference only and shall not be construed so as to affect the construction of this instrument.

10 Section 5. The maximum percentage of the Additional Land and floor area of all Units that may be created thereon not restricted to residential use is 0%.

Section 6. Inasmuch as all Units are allocated an equal Percentage Interest, following any expansion of the Condominium, each Unit's Percentage Interest will be a fraction, the numerator of which is one and the denominator of which is the aggregate number of Units then comprising the Condominium. The maximum Percentage Interest applicable to a Unit is as set forth in Exhibit B to this Declaration. The minimum Percentage Interest applicable to a Unit is 11108.

ARTICLE IX MISCELLANEOUS Section 1. Except as otherwise provided herein (including specifically, but without limitation, Articles IV and VLII hereof), this Declaration may be amended only in accordance with $5 55-79.63,55-79.71,55-79.72:l and 55-79.72:2 of the Condominium Act; provided however, that amendments of this Declaration, the Bylaws or the Articles of Incorporation other than those terminating the Condominium and other than those requiting a higher percentage vote of Unit Owners and other than those permitted under $55-79.72:1(f) of the Condominium Act and other than those under Articles IV and Vm hereof shall require the agreement of Unit Owners of Units to which 67% of the votes in the Unit Owners Association appertain; and, provided further, that this Declaration may not be amended without the consent of Declarant until the expiration of the Period

Page 73

to which 67% of the votes in the Unit Owners Association appertain; and, provided further, that this Declaration may not be amended without the consent of Declarant until the expiration of the Period of Declarant Control. There shall be no amendment of this Declaration affecting Declarant's rights r& under Section 2 of Article IlI and under Article VIII hereof without Declarant's prior written zc consent. 1' U 93 Section 2. Invalidation of any one of these covenants or restrictions shall in no way affect 5 any other provisions hereof, which other provisions shall remain in full force and effect. 0 CB Section 3. The provisions hereof shall be binding upon and inure to the benefit of Declarant ca and the Unit Owners and the Unit Owners Association and their respective heirs, legal representatives, successors and assigns, and, in the event of the failnre of any Unit Owner to comply with the provisions of the Condominium Instruments, the same shall give rise to a cause of action in the Unit Owners Association or any aggrieved Unit Owner for the recovery of damages or for injunctive relief, or both.

Section 4. All pronouns shall be construed to be of such number and gender as the context may require. All headings are used for convenience of reference only and shall not be construed so as to affect the construction of this instrument.

Section 5. The Exhibits hereto consist of the following: Exhibit A -1 : Description of the Land Comprising the Condominium Exhibit A -2 : Plat Exhibit A -3 : Plans Exhibit A-4 : Description of the Additional Land Exhibit B : Percentage Interests Exhibit C : Articles of Incorporation Exhibit D : Bylaws

Pages 73–75

sing the Condominium Exhibit A -2 : Plat Exhibit A -3 : Plans Exhibit A-4 : Description of the Additional Land Exhibit B : Percentage Interests Exhibit C : Articles of Incorporation Exhibit D : Bylaws IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the day and year first above written. 752 L.L.C., a Virginia limited liability company By: 4 A. Pete Kotarides, Manager COMMONWEALTH OF VIRGINIA AT LARGE, to -wit: The foregoing instrument was acknowledged before me in the City/County of lxÚpòit 1' , Commonwealth of Virginia this Z84'day of (n , 1995, by A. Pele Kotarides as Manager of 752 L.L.C., a Virginia limited liability comp y, on behalf of the limited liability company.

My commission expires: #90045470 v2 11 Section 5. The Exhibits hereto consist of the following: Exhibit A-1 : Description of the Land Comprising the Condominium Exhibit A-2 : Plat Exhibit A-3 : Plans Exhibit A-4 : Description of the Additional Land Exhibit B : Percentage Interests Exhibit C : Articles of Incorporation ExhibitD : Bylaws IN WITNJ5SS WHEREOF, the Declarant has executed this Declaration as of the day and year fust above written.

752 L.L.C., a Virginia limited liability company By: A. Pete Kotarides, Manager COMMONWEALTH OF VIRGINIA 0 AT LARGE, to-wit: 0 m r The foregoing instrument was acknow1edged before 'YZlrrc) dhb Commonwealth of Virginia this 2Pday of - Manager of 752 L.L.C., a Virginia limited limited liability company.

My commission expires: q 30 I I %045470 v2 Amendment to Declaration of Condominium (Phase 27) Amendment to Declaration Of Condominium (Phase 2 7) 021065

, a Virginia limited limited liability company.

My commission expires: q 30 I I %045470 v2 Amendment to Declaration of Condominium (Phase 27) Amendment to Declaration Of Condominium (Phase 2 7) 021065 AMENDMENT TO DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM (Phase 27) THIS AMENDMENT TO DECLARATION OF CONDOMINIUM FOR WESTGATE AT WILLIAMSBURG, A CONDOMINIUM is made this 1 lth day of Rune, 2002, by 752 L.L.C., a Virginia limited liability company (the "Declarant "). RECITALS A. By Declaration of Condominium of Westgate at Williamsburg, a Condominium dated May 28, 1999 and recorded June 3, 1999, in the Clerk's Office of the Circuit Court of the City of Williamsburg, Virginia. (the "Clerk's Office "), as Instrument Number 990742, (the "Declaration "), Declarant submitted certain real estate more particularly described therein to the provisions of Chapter 4.2 of Title 55 of the Code of Virginia (1950), as amended (the "Condominium Act "), thereby creating Westgate at Williamsburg, a Condominium.

B. Pursuant to Article VIII of the Declaration, and as permitted by Section 55 -79.63 of the Condominium Act, Declarant reserved the option, on the conditions set forth therein, to expand the Condominium to include all or portions of certain real estate described therein as the Additional Land and described in Exhibit A -4 thereto (the "Additional Land ").

C. Declarant is the fee simple owner of the real estate (the "Real Estate ") described in Exhibit A -1 hereto (which real estate is a portion of the Additional Land), and Declarant, having complied with the provisions of Article VIII of the Declaration and Section 55 -79.63 of Tax Parcel ID No. 281 -07 -00 -001 Prepared by: Kaufinan & Canoles 11817 Canon Blvd., Suite 408 Newport News, VA 23606 Pagel of 17

Page 76

rovisions of Article VIII of the Declaration and Section 55 -79.63 of Tax Parcel ID No. 281 -07 -00 -001 Prepared by: Kaufinan & Canoles 11817 Canon Blvd., Suite 408 Newport News, VA 23606 Pagel of 17 AMENDMENT TO DECLARATION OF CONDOMINIUM OF WESTGATE AT WILLIAMSBURG, A CONDOMINIUM (Phase 27) THIS AMENDMENT TO DECLARATION OF CONDOMINIUM FOR WESTGATE AT WILLIAMSBURG, A CONDOMINlUM is made this 1 lth day of June, 2002, by 752 L.L.C., a Virginia limited liability company (the "Declarant").

RECITALS A. By Declaration of Condominium of Westgate at Williamsburg, a Condominium dated May 28,1999 and recorded June 3, 1999, in the Clerk's Office of the Circuit Court of the City of Williamsburg, Virginia (the "Clerk's Office"), as Instrument Number 990742, (the "Declaration"), Declarant submitted certain real estate more particularly described therein to the provisions of Chapter 4.2 of Title 55 of the Code of Virginia (1950), as amended (the "Condominium Act"), thereby creating Westgate at Williamsburg, a Condominium.

B. Pursuant to Article Vlll of the Declaration, and as permitted by Section 55-79.63 of the Condominium Act, Declarant reserved the option, on the conditions set forth therein, to expand the Condominium to include all or portions of certain real estate described therein as the Additional Land and described in Exhibit A-4 thereto (the "Additional Land").

C. Declarant is the fee simple owner of the real estate (the "Real Estate") described in Exhibit A-1 hereto (which real estate is a portion of the Additional Land), and Declarant, having complied with the provisions of Article VIII of the Declaration and Section 55-79.63 of Tax Parcel ID No. 281-07-00-001 Prepared by: Kauhan & Canoles 11817 Canon Blvd., Suite 408 Newport News, VA 23606 Page 1 of 17

the provisions of Article VIII of the Declaration and Section 55-79.63 of Tax Parcel ID No. 281-07-00-001 Prepared by: Kauhan & Canoles 11817 Canon Blvd., Suite 408 Newport News, VA 23606 Page 1 of 17 the Condominium Act, desires and intends hereby to amend the Declaration so as to expand the Condominium to include the Real Estate. AMENDMENT NOW, THEREFORE, pursuant to Article VIII of the Declaration and the Condominium Act, the Declaration is hereby amended as follows: 1. All capitalized terms used herein shall have the meaning set forth in the Declaration unless otherwise defined herein.

2. Declarant does hereby submit the Real Estate, together with all improvements thereto and all easements, rights and appurtenances thereunto belonging, to the provisions of the Condominium Act and to the Condominium Instruments relating to the Condominium for the purpose and intent of expanding the Condominium by including the Real Estate.

3. Attached hereto as Exhibit A -2 is the plat (Sheets 1 -3) and plans (Sheets 4 -6) of the Real Estate certified by a registered land surveyor as to its accuracy and compliance with the provisions of Section 55- 79.58(a) of the. Condominium Act, and as to the substantial completion of all Units depicted thereon and certified by a registered architect or registered engineer as to its accuracy and compliance with Section 55- 79.58(b) of the Condominium Act, of every structure that contains or constitutes all or part of any Unit or Units located on the Real Estate.

4. Pursuant to Sections 55 -79.63 and 55- 79.56(b) of the Condominium Act, the percentage interests of respective Unit Owners in the Condominium are hereby amended as provided in Exhibit B attached hereto.

rsuant to Sections 55 -79.63 and 55- 79.56(b) of the Condominium Act, the percentage interests of respective Unit Owners in the Condominium are hereby amended as provided in Exhibit B attached hereto.

5. The Declarant reserves the option, on the conditions set forth in Article VIII of the Declaration, to further expand the Condominium to include all or portions of the remaining the Condominium Act, desires and intends hereby to amend the Declaration so as to expand the Condominium to include the Real Estate.

AMENDMENT , NOW, THEREFORE, pursuant to Article Vm of the Declaration and the Condominium Act, the Declaration is hereby amended as follows: 1. All capitalized terms used herein shall have the meaning set forth in the Declaration unless otherwise defined herein.

3. Attached hereto as Exhibit A-2 is the plat (Sheets 1-3) and plans (Sheets 4-6) of the Real Estate certified by a registered land surveyor as to its accuracy and compliance with the provisions of Section 55-79.58(a) of the Condominium Act, and as to the substantial completion of all Units depicted thereon and certified by a registered architect or registered engineer as to its accuracy and compliance with Section 55-79.58(b) of the Condominium Act, of every structure that contains or constitutes all or part of any Unit or Units located on the Real Estate.

4. Pursuant to Sections 55-79.63 and 55-79.56(b) of the Condominium Act, the

Page 77

ndominium Act, of every structure that contains or constitutes all or part of any Unit or Units located on the Real Estate.

4. Pursuant to Sections 55-79.63 and 55-79.56(b) of the Condominium Act, the percentage interests of respective Unit Owners in the Condominium are hereby amended as provided in Exhibit B attached hereto.

5. The Declarant reserves the option, on the conditions set forth in Article Vm of the Declaration, to further expand the Condominium to include all or portions of the remaking Additional Land.

6. Exhibit D to the Declaration (Bylaws of Westgate at Williamsburg Condominium Association, Inc.) is hereby amended so as to incorporate the foregoing, it being understood that (i) the Unit Owner of each Unit in the Condominium (as hereby expanded) shall have a vote based on the Percentage Interest assigned to his Unit, and (ii) except as otherwise specifically assessed, the right to future common profits and liability for future common expenses appertaining to each Unit shall be in accordance with the Percentage Interests appertaining to each Unit (as such Percentage Interests may have changed as a consequence of this Amendment.)

7. The boundaries of each Unit in Building 8 shall be the same as the boundaries set forth in Article II, Section 2 of the Declaration.

8. Except as modified by this Amendment, the Declaration and other Condominium Instruments shall remain in full force and effect and are hereby ratified and confirmed IN WITNESS WHEREOF, Declarant has executed this Amendment as of the date and year first above written.

3 ~dditional Land.

6. Exhibit D to the Declaration (Bylaws of Westgate at Williamsburg Condominium

Pages 77–78

3 ~dditional Land.

7. The boundaries of each Unit in Building 8 shall be the same as the boundaries set forth in Article II, Section 2 of the Declaration.

8. Except as modified by this Amendment, the Declaration and other Condominium Instruments shall remain in full force and effect and are hereby ratified and confirmed.

IN WITNESS WHEREOF, Declarant has executed this Amendment as of the date and year fust above written.

752 L.L.C., a Virginia limited liability company By: '#A. Pete Kotarides, Manager COMMONWEALTH OF VIRGINIA, AT LARGE, to -wit: The foregoing instrument was acknowledged before me in the City of j . OQC`h Commonwealth of Virginia, this I (1-h day of , 2002 by A. Pete Kotarides, Manager of 752 L.L.C., a Virginia limited liability company, on its behalf.

My commission expires: 311 OLI 4 .3aAtAct Lt _pi-en No Public COMMONWEALTH OF VIRGINIA, AT LARGE, to-wit: The foregoing instmment was acknowledged before me in the City of I b.

Commonwealth of Virginia, this day of- 0 ,2002 by A. ~eik Kotarides,

Pages 78–79

_pi-en No Public COMMONWEALTH OF VIRGINIA, AT LARGE, to-wit: The foregoing instmment was acknowledged before me in the City of I b.

Commonwealth of Virginia, this day of- 0 ,2002 by A. ~eik Kotarides, Manager of 752 L.L.C., a Virginia limited liability company, on its behalf.

My commission expires: 8 )3 I CONSULTING ENGINEERS EXHIBIT A -1 5248 Olde Towne Road Suite 1 Williamsburg, Virginia 23188 (757) 253 -0040 Fax (757) 220 -8994 E -mail aes @aesva.com PROPERTY DESCRIPTION WESTGATE AT WILLIAMSBURG, A CONDOMINIUM PHASE TWENTY -SEVEN June 3, 2002

Towne Road Suite 1 Williamsburg, Virginia 23188 (757) 253 -0040 Fax (757) 220 -8994 E -mail aes @aesva.com PROPERTY DESCRIPTION WESTGATE AT WILLIAMSBURG, A CONDOMINIUM PHASE TWENTY -SEVEN June 3, 2002 All of that certain parcel of land situated on Patriots Lane and located within the City of Williamsburg, Virginia and identified as Phase Twenty -Seven Of Westgate At Williamsburg, A Condominium and more fully described as: Beginning at a point being the northeast comer of Phase Eight, Westgate at Williamsburg, A Condominium, and on the line of Warburton & Mahone Estate; thence leaving Phase Eight, and along the Warburton & Mahone Estate, N73 °54'06 "E, 82.38' to an iron rod found; thence N73 °45'25 ", 78.91' to a point, being a comer to Phase Two of Westgate at Williamsburg, A Condominium; thence leaving Warburton & Mahone Estate, and along Phase Two, S16 °08'41 "E, 97.68' to a point on the line of Phase One Westgate at Williamsburg, A Condominium, and on back of curb; thence leaving Phase Two and along Phase One, and generally along back of curb, S73 °51'i9 "W, 76.50' to a point; thence S16 °08'41 "E, 13.50' to a point; thence along a curve to the right having a radius of 4.50' a length of 7.07' and a chord of S28 °51' 19 "W, 6.36' to a point; thence S73 °51' 19 "W, 80.29' to a point, said point being a comer to Phase Eight; thence leaving Phase One, and back of curb, and along the line of Phase Eight N16 °08'41 "W, 115.61' to the point of beginning and containing 0.396 acres more or less, and being all of the property described as "Additional Land, Parcel "C" on a plat prepared by AES Consulting Engineers dated August 28, 2000 and entitled "Plat of Condominium, Westgate at Williamsburg, a Condominium, Phase Eight. All as shown on a plat prepared by AES Consulting Engineers entitled Plat of Condominium, Westgate At Williamsburg, A Condominium, Phase Twenty -Seven dated June 3, 2002.

, a Condominium, Phase Eight. All as shown on a plat prepared by AES Consulting Engineers entitled Plat of Condominium, Westgate At Williamsburg, A Condominium, Phase Twenty -Seven dated June 3, 2002.

5 Respectfully submitted, AES Consulting Engineers Arthur D. Sebert, L.S. License No: 002221 EXHIBIT A-1 CONSULTING ENGINEERS 5248 Olde Towne Road Suite 1 Williamsburg, Virginia 231 88 (757) 253-0040 . Fax (757) 220-8994 . E-mail [email protected] June 3,2002 PROPERTY DESCRIPTION WESTGATE AT WILLIAMSBURG, A CONDOMINIUM PHASE TWENTY-SEVEN All of that certain parcel of land situated on Patriots Lane and located within the City of Williamsburg, Virginia and identified as Phase Twenty-Seven Of Westgate At Williamsburg, A Condominium and more fully described as: Beginning at a point being the northeast comer of Phase Eight, Westgate at Williamsburg, A Condominium, and on the line of Warburton & Mahone Estate; thence leaving Phase Eight, and along the Warburton & Mahone Estate, N73"54'06"E, 82.38' to an iron rod found; thence N73"45'2Sn, 78.91' to a point, being a comer to Phase Two of Westgate at Williamsburg, A Condominium; thence leaving Warburton & Mahone Estate, and along Phase Two, S16"08'41"E, 97.68' to a point on the line of Phase One Westgate at Williamsburg, A Condominium, and on back of curb; thence leaving Phase Two and along Phase One, and generally along back of curb, S73"51'19"W, 76.50' to a point; thence S16"08'41nE, 13.50' to a point; thence along a curve to the right having a radills of 4 50' a length of 7.07' and a chord of S28"51'19"W, 6.36' to a point; thence S73"51'19"W, 80.29' to a point, said point being a comer to Phase Eight; thence leaving Phase One, and back of curb, and

Pages 80–81

length of 7.07' and a chord of S28"51'19"W, 6.36' to a point; thence S73"51'19"W, 80.29' to a point, said point being a comer to Phase Eight; thence leaving Phase One, and back of curb, and 0.396 acres more or less, and being all of the property described as "Additional Land, Parcel "C" on a plat prepared by AES Consulting Engineers dated August 28, 2000 and entitled "Plat of Condominium, Westgate at Williamsburg, a Condominium, Phase Eight. All as shown on a plat prepared by AES Consulting Engineers entitled Plat of Condominiurn, Westgate At L, Williamsburg, A Condominium, Phase Twenty-Seven dated June 3,2002. t ;ZC - .l=Respectfully submitted, AES Consulting Engineers Arthur D. Sebert, L.S.

License No: 00222 1 EXHIBIT A-2 PLAT AND PLANS EXRlBIT A-2 PLAT AND PLANS 8 OVNE9'S CONSENT AND DEDICASEN THE PUTTING OF NE LAND SHOMN HEREON IS 14TH THE FRÆ 4 FOR 752 LLC A1,NRCINI UNITED ABILITY OWPANY DATE 'Q4C4 flti6 1t 0111\ IDÇ PRINTED NAME NOTARY STATE OF NRONIA, Ott /COUNTY OF U- IAñCALEO tRmat. TO -Nett L TCLNx ,p LkoD -o I A NOTMT PUBLIC NI AIO FOR ME DT'/ COUNTY AND STATE AFOiESND. DO HEREBY CURRY THAT THE ABOVE PERSON 145405E HAVE IS SCNED TO THE FOREGOING NOTNO HAS ACHNOW.FDCEO ME SAME BEFORE ME IN MY OTY /COUNTY MD STATE MORESMD.

OVEN UNTO MY HAND THIS (* DAY Of ()l/ALC 7004 MY COMMISSION OPINES *' 31 NOTMY PUe11 OVMER'S CONSENT AND CEDICATON NE PUTTING OF THE UND SHOWS HEREON IS PITH THE FREE CCN T MD IN ACCCROME. MN NE MIRES Cr THE ± UN SOLED OM/ERS. PR 'R -S, MD TRU$1EE3, IF / .0 ( AIS NC, A MRONIA CORPORATI ON DATE OTARY

AND CEDICATON NE PUTTING OF THE UND SHOWS HEREON IS PITH THE FREE CCN T MD IN ACCCROME. MN NE MIRES Cr THE ± UN SOLED OM/ERS. PR 'R -S, MD TRU$1EE3, IF / .0 ( AIS NC, A MRONIA CORPORATI ON DATE OTARY STATE Cf MANIA ,(iM* iY op gDP-FOIK TO-MT L CAnAHT AO A.CLAV EO.* A NOTARY PUBLIC IN MD FOR THE CITY/ COUNTY AND STATE AFERFEAIO, DO HEREBY CÉRSFY THAT NE ABOVE PERSON 145405E NAME IS SIGNED TD NE FOREGOING MONO HAS AGMOMLEDCED THE SAME BEFORE ME IN MY 0TY /000N1Y MO STATE AFORESAID.

I. BUILDING 06 0.WTNNS UNITS /WL 002. 003. 004, z EACHBIISHO FOR MAT COONDCMNIUÚMTHWT PREEOMO TO 0E äñ043 TNROOBN SUBSCGIJDITTNIOTCIAENT w ME BALDING CONTAINING SAME OMNERSNP OF A CONDOMMBUM UMT INO.UDE9 OMIEASSP Cf ALL MATERIALS COt9UNO ME SURFACE CF ALL INTERIOR WALL PARTNIONS SEPMATNO CO DOmNNIUM AND ME'INIERIOR SURFACE Cf Cam CE WALLA AU. FLOM MATERIALS ABOVE THE 91B -RWQ ON NE PIKST ROM ALL thNG MATEPIN9 BENEATH ME COMER SURFACE U THE LOHEST HORIZONTAL REM US Cf THE OVERHEAD SUPPORT SRTEM, AND ALL PROPERTY CF EVERT NATURE LIIND MICLLY MTMN A UNIT WHICH IS NOVA NECESSITY OR OME WISE RESERLID AS PMT CF ME AWMOI RE4ENTS 3. COMMON 6LVENT5 INCLUEZ ALL MATONS OF ME GO OOBNOM OTHER NM ME AMTS DEBONAIED HEREON: AND DEFINED PI NE CONDOMINIUM DOCUMENTS MD THE UMLED COMMON PTEMENT. EXMPLES OF COMMON EIDIENR ME: PA MONO, PAVED OREAS, THE GROUNDS (VMERCIR OR NOT LANDSCAPED), Alt PORTONS OF NE SUILDINIS NOT A PMT OF THE UNIT NOR DEFINE AS MIME° COMMON EL/al SNTS AU GOMMAIS, INSTALLATIONS, RIRES, PIPES, ECUPMENT, STY. %HIEN SERVE OTHER COMMON E3fLENIS OR 117I1041 SERVE MORE NATO ONE UNIT.

NE SUILDINIS NOT A PMT OF THE UNIT NOR DEFINE AS MIME° COMMON EL/al SNTS AU GOMMAIS, INSTALLATIONS, RIRES, PIPES, ECUPMENT, STY. %HIEN SERVE OTHER COMMON E3fLENIS OR 117I1041 SERVE MORE NATO ONE UNIT.

l UMITED COMMON 6EMENi3- EXCEPT AS MAY BE ONEPMY UPRESSY PRONOM, LWTEO COMMON ELEI4ENIS INCLUDE DOORS SHOOTS PORCHER BALCOYEE ro(me PATO MEAS. 90EW.W(Ç WALK WAIT. PATTY WALLS, AND MY OTHER APPMANS DESIGNED TO SERVE A ANOD UNIT, BUT LOCATED OUTSIDE ME BOLLHDARES THEREOF.

5. AREAL PARCEL 1 (TOTAL) 10.035 AC.* SURVEYOR'S CERTFlCATE I. AD. SESENT, A DULY REGISTERED LAND SIR\EYDR, DO HEREBY CERTIFY THAT, TO NE BEST Of MY KNOMIDGE MD BEUG, THIS PLAT AND PLINS FOR WESTGATE AT MWMSEURO, A CONDOMINIUU4, UBE1ED MEER 1 THROUGH 6, ARE ACCURATE MO COMPLY MIM SECTOR 55 -79.58 (A) MO MD SECTION 55 -75.68 (5). RESPECTIVELY OF NE MRONIA CONDOMINIUM ACT. AS AMENDED, MO THAT AU. UNIM CRR PORTONS 15401ECCF OUI MO HEREON HAVE BEEN SUBSTMTALLY COWIETED UNLESS NOTED °TIMPH .

A.D. 59ERT, LS. DATE 6248 Olde Town* Road. Bulte 1 WIIIIemob4Te, VIFBInie 23188 17571 263 -0040 /// Fax (757) 220 -8994 CONSULTING ENGINEERS I IZO runr PHASE 1 (BUILDIND ¡27) PHASE 2 (BUILDING ET) PHASE 3 (BUILDING 05 PHASE 4 (BUILDING 15 PHASE 5 (BUILDING /y PHASE 6 (BUILDING /3) PHASE 7 (BUILDING 42) PHASE 6 (BUILDING 19) PHASE 9 (BUILDING /ID) PHASE 10 (BUILDING p)' PHASE IT (BUILDING 411) PHASE 12 (BUILDING ¡Il) PHASE 13 (BUILDING 03) PHASE U (BUILDING pa) PHASE 15 (BUILDING 119) PHASE 18 (BUILDING 115) PHASE 17 (BUILDING /1I) PHASE 16 (BUILDING 917) PHASE 19 (BUILDING ¡OB) PHASE 20 (BUILDING 00) PHASE 21 (BUILDING 01) PHASE 22 (BUILDING 422) PHAM 23 (BUILDING 03) PHASE 24 (BUILDING 024) PHASE 25 (BUILDING ¡25) PHASE 26 (BUILDING 926) PHASE 27 (BUILDING 0) 2.377 AGt 0.195 AC.k 0.196 AC.t

Page 82

G 00) PHASE 21 (BUILDING 01) PHASE 22 (BUILDING 422) PHAM 23 (BUILDING 03) PHASE 24 (BUILDING 024) PHASE 25 (BUILDING ¡25) PHASE 26 (BUILDING 926) PHASE 27 (BUILDING 0) 2.377 AGt 0.195 AC.k 0.196 AC.t 0.200 AC.t 0135 AC.k 0.343 ACA 0.216 AC.k 1.459 AC.3 0.196.-LF3 0.221 AC3 D.195 Api 0.227 AF3 1.096 AC.A 0.419 AC.3 0.235 AC.t 0.385 AC.3 0.323 AC.3 0.251 AC.k 0.345 AC.3 0.206 AC3 0.203 AC.A 0.249 ACk 0.245 AC.3 0.181 AC,k 0.178 AC.3 0.127 AF3 0.306 ACt TOTAL PLAT OF CONDOMINIUM WESTOATE AT WILLIAMSBURO, A CONDOMINIUM PHASE TWENTY -SEVEN OWNED SY: 752 L.L.C., A VIRGINIA LIMITED LIABILITY COMPANY CITY OF MWAMSBURO MRPNIA TAX PARCEL 281 -07 -00 -001 ZONED 8-3 8E RM -2 (MULTI- FAMILY DWELLING DISTRICT) SETBACK LIMITS SIDE. 15' REAR. 25' NOTE: TINS PROPERTY LIES. IN ZONE K (MEAS DE)ERIGNED To BE O790E THE 500 SCAN FLOW PLAIN) PER F.I.RM. 010294-0005 B, DATED 3/2/54 10,935 AC.3 CERTACATE OF APPROVAI STRIE Cr MRGNIA OTT Of MWAMSBUtO M NE GLOMS MICE Cf THE CIRCUIT COURT FOR ME CITY Cf MWAMSSURG, MRONIA. THIS MAP WAS PREjENT° µD ADMITTED TO RECORD AS NE LAW DIRECTS THIS DAY CF AS INSTRUMENT HUMBER TESTE CLERK 20 DAR PENNON / liaENI / Roll D,.. N, SW .LP /ADS M.

.FS i - ICO' 6/03/02 FnRL Na 6395-6 1OF6 ,09 .1 3N'J9 toc 01HdV0 (fr yd '9r rd M/ä ,04 - 3NY7 Æ11d F i ( 3-lrtnr mar. rv1 Nrvoe,4rWñX "»net rrne r,cre Ol .9tr9 rzjaz(S (rsr-r1r u SI 9'9) Awi.a'ó

Pages 82–83

3 iP9011 9ux01 90I0 BYZS S1133NIDN3 DNI11OSN00 ,09 .1 3N'J9 toc 01HdV0 (fr yd '9r rd M/ä ,04 - 3NY7 Æ11d F i ( 3-lrtnr mar. rv1 Nrvoe,4rWñX "»net rrne r,cre Ol .9tr9 rzjaz(S (rsr-r1r u SI 9'9) Awi.a'ó r-tra-nr inne/! b5Y3Nlna Altrye TWO reo 19 9tl PLYd! MaiL2ü A3NJ 31411 35YNd (FOV tttaY3 OL 3SYNd ' u 'tólöLd 3NYl 9n 04 roN 'o ibe+nwe ä vYY;o w-0-we tvrVe xn an 'uuriM"Riapu3e uvera IVWd AINJ 3kf1 3SYNd (t"DY rVr'0-y3 bV) 3SYHd p,wrw ÿ13 3101:110 31YOLE isolo,. d,mnnvo AYe W 3ro.n 0r0.1 Ynosw. ,si N 3srrd (Var CYST-rid 9 35VMd Re/re u)naayJSn Al1Wn t PvMYetl 99094 R ALA 5.- f- A1NO 3Nn 35YH 'S0d YL 'B'd 90V taz ree N Y3dY (1CUe[ Ja) veneer! aix0e Vn w,a J _ .. .;.

rn -a W

r aat'O-.3er) (T'pV 9ePOw3eY) 5 jSYHL 9 3StlHd f 35YNd 3.41 35'.d (SyV 98L'0-V311V) 3SVHd An. M 1A+W OY vupw mA4 (ov/é so) va if ó9 n W ,N3Ryr3 çJJWLSJ3gW ,i1 01./re N1s bYro NBnW AA'p.01 m rn rn -a W \ PHASE 12 PHASE It PHASE 9 AREA -0.227 AGS (AREA-1.469 PNh4 B ( ) (APE LAGS) (ME 8 ACS) PHASE YINS PHASE LINE PHASE UNE PHASE IJNE ONLY ONLY ONLY ONLY T 2 .

PHASE 13 (APEA -1.095 AC,2) PHASE LINE ONLY YV IB4 OP :. il , PHASE 27 (MEA -0.306 AGS) PHASE UNE ONLY \ PHASE 4 \ (MEA -0.419 ACS) PHAN ONSE LY U E HAT EAR PARCEL 26F -0A' H PHASE 16 (AREA -0.368 AC,t) PHASE LINE EWLY GRAPHIC SCALE 40 0' TOTAL..

60' 120' SCALE: 1 - 60' 10.935 AC3 \A V1 PHASE 19 S8L36 W16: A Hi0Y318" 15.00' 85 94.01

Pages 84–88

Da 95, PO ael HAT EAR PARCEL 26F -0A' H PHASE 16 (AREA -0.368 AC,t) PHASE LINE EWLY GRAPHIC SCALE 40 0' TOTAL..

60' 120' SCALE: 1 - 60' 10.935 AC3 \A V1 PHASE 19 S8L36 W16: A Hi0Y318" 15.00' 85 94.01 OIE4SPIuPö'FRIYF(8.p 1 PHASE. 17 (AREA -0.323 A PHASE LINE ONLY PHASE 18 PHASE IS (MEA -0.251 ACM (AREA -0.345 AC, PHASE UNE ONLY WIVE TAPA PHASE 27 WiE PATRIOT %X PARLES 2I1-0I-02-A P.B X PO NP NuueEF OSSA PAM08 TM'0ENT DISCO OH. BEM a 9292'00 7.07 4.50 335LIIS1W Pa prY N'II1Y5ú" \ sAm SC-31 ' BSKNr I((b 217 LAIE TABLE PHASE 27 I I W F/ CONSULTING ENGINEERS 248 Olde Towne Road, Suite 1 IMlitamaburg, Virginia 20188 (757)) 263 -0040 Fax 17671 220.8994 O(ZO PLAT OF CONDOMINIUM WESTGATE AT WILLIAMSBURG, A CONDOMINIUM PHASE TWENTY -SEVEN OWNED BY: 752 LL.C., .A LIMITED LIABILITY COMPANY R0 AROMA 22.10,.0 01W ADS 2,... .IFS I I. 80 IAA 6/03/02 ),ei Na 8395-6 3 OF 6 ... OA YE 8504510, / CONHEH! / SSE c.

10 _ 8 NOI1 313 "CC 8 non Ls :1 law o t-- a 8 NOLLVA313 Q1111Illnnm Ill 01Ilu!n .:,...._ ó 111111111111111h, Mg bwci záerc and a -rn cow 11 12 EXHIBIT B PERCENTAGE INTERESTS OF UNIT OWNERS Unit (Unit No.)

Building 1 Percentage Interest (Fraction) 101 102 103 104 1/108 1/108 1/108 1/108 Building 2 201 1/108 202 1/108 203 1/108 204 1/108 Building 3 301 1/108 302 1/108 303 1/108 304 1/108 Building 4 401 402 1/108 1/108 C 403 1/108 r 404 1/108 02 Building 5 O sv 501 1/108 v 502 1/108 503 1/108 504 1/108 13 Unit Nnit No.) EXHIBIT B PERCENTAGE INTERESTS OF UNIT OWNERS Building 1 Building 2 Building 3 Building 4 Percentage Interest (Fraction) Unit (Unit No.)

Building 6 Percentage Interest (Fraction) 601 602 603 604 1/108 1 /108 1/108 1/108 Building 7

Pages 88–91

OF UNIT OWNERS Building 1 Building 2 Building 3 Building 4 Percentage Interest (Fraction) Unit (Unit No.)

Building 6 Percentage Interest (Fraction) 601 602 603 604 1/108 1 /108 1/108 1/108 Building 7 701 1/108 702 1/108 703 1/108 704 1/108 Building 8 801 1/108 802 1/108 803 1/108 804 1/108 Building 9 901 1/108 902 1/108 903 1/108 904 1/108 Building 10 .r- 02 1001 1/108 O 1002 1/108 N 1003 1/108 CD 1004 1/108 14 e a, Unit (Unit No.) Percentage Interest (Fraction) Building 6 Building 7 Building 8 Building 9 Building 10 Unit (Unit No.) Building 11 Percentage Interest (Fraction) 1101 1/108 1102 1/108 1103 1/108 1104 1 /108 Building 12 1201 1/108 1202 1 /108 1203 1 /108 1204 1/108 Building 13 1301 1/108 1302 1/108 - 1303 1/108 1304 1/108 Building 14 1401 1/108 1402 1/108 1403 1/108 1404 1 /108 1405 Building 15 c_ c 1501 1/108 1502 1/108 02 1503 1/108 p 1504 Building 16 1/108 rv tr) 1601 1 /108 1602 1/108 1603 1/108 1604 1/108 15 , " , Unit Dnit No.)

Building 12 Building 13 Percentage Interest Eraction) Building 14 Building 15 Building 16 Unit (Unit No.)

1701 1702 1703 1704 1801 1802 1803 1804 1901 1902 1903 1904 2001 2002 2003 2004 2101 2102 2103 2104 2201 2202 2203 2204 Building 17 Building 18 Building 19 Building 20 Building 21 Building 22 16 Percentage Interest (Fraction) 1/108 1/108 1/108 1/108 1/108 1 /108 1/108 1 /108 1/108 1/108 1/108 1/108 1/108 1/108 1/108 1/108 1/108 1 /108 1/108 1/108 1/108 1/108 1/108 1/108 , 1 Unit wnit No.) Percentage Interest Fraction) Building 17 11108 1/108 11108 11108 Building 18 11108 1/108 11108 11108 Building 19 1/108 11108 11108 11108 Building 20 Building 21 Building 22 Unit (Unit No.)

Building 23 Percentage Interest (Fraction)

Pages 91–92

ilding 17 11108 1/108 11108 11108 Building 18 11108 1/108 11108 11108 Building 19 1/108 11108 11108 11108 Building 20 Building 21 Building 22 Unit (Unit No.)

Building 23 Percentage Interest (Fraction) 2301 2302 2303 2304 1/108 1/108 1/108 1/108 Building 24 2401 1/108 2402 1/108 2403 1/108 2404 1/108 Building 25 2501 1/108 2502 1/108 2503 1/108 2504 1 /108 Building 26 2601 1/108 2602 1/108 2603 1/108 2604 1/108 c._ Building 27 02 2701 2702 1/108 1/108 EN° 2703 1/108 2704 1/108 TOTAL 1 #90083129 vl PLAT RgORCED V P.B. PAGE, VIRGINIA: CITY OF WILLIAMSBURG & COU JAM CITY d This document was admitted to record on at ,3 : ve /+t /PM. The taxes imposed . Virginia Code Section 58.1 -801, 58.1 -802 &58.1 -814 have been paid. STATE TAX LOCAL TAX ADDITIONAL TAX $ TESTE: BETSY B. WOOLRIDGE, CLERK 17 BY Clerk 1 '. , Unit ! CUnit No.)

Building 23 Building 24 Building 25 Building 26 Building 27 2701 2702 2703 2704 TOTAL Percentage Interest (Fraction) TATE TAX LOCAL TAX ADDmONALTAX 8 TESTk BElSY 0. WOOWDGE, CLERK $ Uerk July 16, 2004

--. - 8 TESTk BElSY 0. WOOWDGE, CLERK $ Uerk July 16, 2004 Dear Westgate Unit Owners: Enclosed are the newly revised and adopted Rules and Regulations for Westgate Condominium Association, Inc. effective July 15, 2004. The Board appreciated your input. Consideration was given to your comments and suggestions. Additionally, as you are aware, the Association adopted a rental cap of twenty-five (25) percent April 15, 2004. Again, for your records is a copy of this document recorded July 7, 2004. Enclosed are: (1) Application to Rent Unit and; (2) Renter Information forms. If you are currently renting your unit or have immediate plans of doing so, please complete and return the enclosed Application to Rent form and the Renter Information form by July 31, 2004 to Berkeley Realty Property Management. The Board of Directors is very much appreciative of the support of the community and we thank you.

Board of Directors Westgate Condominium Association, Inc. Enclosures (1) Rules and Regulations (2) Recorded Copy of Rental Cap Amendment (3) Application to Rent Form (4) Renter Information Form Q ® July 16,2004 Dear Westgate Unit Owners: Enclosed are the newly revised and adopted Rules and Regulations for Westgate Condominium Association, Inc. effective July 15,2004.

The Board appreciated your input. Consideration was given to your comments and suggestions. Additionally, as you are aware, the Association adopted a rental cap of twenty-five (25) pwcent April 15,2004. Again, for your records is a copy of this

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ion was given to your comments and suggestions. Additionally, as you are aware, the Association adopted a rental cap of twenty-five (25) pwcent April 15,2004. Again, for your records is a copy of this document recorded July 7,2004. Enclosed are: (1) Application to Rent Unit and; (2) Renter Information forms. If you are currently renting your uait or have immediate plans of doing so, please complete and return the enclosed Application to Rent form and the Renter Information form by July 31,2004 to Berkeley Realty Property Management.

The Board of Directors is very much appreciative of the support of the community and we thank you.

Board of Directors Westgate Condominium Association, Inc.

Enclosures (1) Rules and Regulations (2) Recorded Copy of Rental Cap Amendment (3) Application to Rent Form (4) Renter Information Form Adopted 7115/04 SECTION I INTRODUCTION

ominium Association, Inc.

Enclosures (1) Rules and Regulations (2) Recorded Copy of Rental Cap Amendment (3) Application to Rent Form (4) Renter Information Form Adopted 7115/04 SECTION I INTRODUCTION 1. The Condominium Concept. Condominium ownership is a relatively new property right which, in effect, combines two older forms of ownership. The Condominium Unit Owner is (I) the sole owner of the portion of the Property which comprises his living quarter (i.e., his Unit), and is (2) one of many mutual owners (legally speaking, "tenants in common ") of common facilities which service his and other living quarters and common areas. The individual Unit Owner has an "undivided interest" in the Common Elements, which means that all Unit Owners have a share in the ownership of all Common Elements. An undivided interest gives the Unit Owner the right to share in the control of all Common Elements (subject to Declarant's reserved rights of control as outlined in the Declaration and Bylaws of the Condominium), but each Unit Owner must also pay that Unit's share of the normal expenses of operating and maintaining all the Common Elements. It is the ownership of an undivided interest in the Common Elements which sets the condominium ownership apart from other forms of property ownership.

2. Authority. Article III, Section 2(1') of the amended and restated Bylaws (the "Bylaws ") of Westgate at Williamsburg, a Condominium (the "Condominium ") dated July 7, 2004 provides that the Board of Directors (the `Board ") of Westgate at Williamsburg Condominium Association, Inc. (the "Association ") may adopt any rules and regulations deemed necessary of the benefit and enjoyment of the Condominium. Accordingly, the Board adopted the following rules to govern the Condominium (the "Rules ").

on ") may adopt any rules and regulations deemed necessary of the benefit and enjoyment of the Condominium. Accordingly, the Board adopted the following rules to govern the Condominium (the "Rules ").

3. Governing Documents. The Rules should be considered with the Declaration of Condominium and any amendments or supplements thereto (collectively referred to as the ( "Declaration "), the Articles of Incorporation of the Association (the "Articles "), the Bylaws, and the guidelines adopted by the Board of Directors from time to time. The foregoing documents are collectively referred to as the "Governing Documents." If any provision of these Rules conflicts with the terms or provisions of any of the Governing Documents, the terms and provisions of the applicable Governing Document(s) shall control. 4. Association Membership. Each person who purchases a Unit in the Condominium automatically becomes a member of Westgate at Williamsburg Condominium Association.

5. Property Manager. The managing agent of the Condominium and the Association is (the "Managing Agent "). 6. Definitions. Unless otherwise indicated, defined terms used herein shall have the meaning set forth in the Governing Documents.

1 idopted 7/15/04 SECTION I INTRODUCTION 1. The Condominium Concept. Condominium ownership is a relatively new property right which, in effect, combines two older forms of ownership. The Condominium Unit Owner is (1) the sole owner of the portion of the Property which comprises his living quarter (i.e., his Unit), and is (2) one of many mutual owners (legally speaking, "tenants in common") of common facilities which service his and other living quarters and common areas. The individual Unit Owner has an "undivided interest" in

f many mutual owners (legally speaking, "tenants in common") of common facilities which service his and other living quarters and common areas. The individual Unit Owner has an "undivided interest" in the Common Elements, which means that all Unit Owners have a share in the ownership of all Common Elements. An undivided interest gives the Unit Owner the right to share in the control of all Common Elements (subject to Declarant's reserved rights of control as outlined in the Declaration and Bylaws of the Condominium), but each Unit Owner must also pay that Unit's share of the normal expenses of operating and maintaining all the Common Elements. It is the ownership of an undivided interest in the Common Elements which sets the condominium ownership apart from other forms of property ownership.

2. Authority. Article 111, Section 20 of the amended and restated Bylaws (the "Bylaws") of Westgate at Williamsburg, a Condominium (the "Condominium ") dated July 7,2004 provides that the Board of Directors (the "Board'? of Westgate at Williamsburg Condominium Association, Inc. (the "Association") may adopt any rules and regulations deemed necessary of the benefit and enjoyment of the Condominium.

Accordingly, the Board adopted the following rules to govern the Condominium (the "Rules").

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e Board of Directors ffom time to time. The foregoing documents are collectively referred to as the "Governing Documents." If any provision of these Rules conflicts with the terms or provisions of any of the Goveming Documents, the terms and provisions of the applicable Governing Document(s) shall control.

4. Association Membership. Each person who purchases a Unit in the Condominium automatically becomes a member of Westgate at Williamsburg Condominium Association.

5. Pru~ertv Manager. The managing agent of the Condominium and the Association is (the "Managi.ng Agent").

6. Definitions. Unless otherwise indicated, defined terms used herein shall have the meaning set forth in the Goveming Documents.

SECTION II USE OF UNITS AND COMMON ELEMENTS 1. Residential Use. Except as otherwise provided herein and in the Governing Documents, Units shall be used exclusively for residential purposes.

2. No Commercial Use. Except for those activities conducted as part of home occupations in accordance with the "Governing Documents ", no Unit shall be used for any business, commercial, manufacturing, mercantile, storing, vending or other non- residential purpose.

3. Lawful Use. No improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all laws, zoning ordinances and regulations of all governmental agencies having jurisdiction shall be observed and complied with by and at the sole expense of the Unit Owner or the Association, whichever shall have the obligation for the upkeep of such portion of the Condominium.

jurisdiction shall be observed and complied with by and at the sole expense of the Unit Owner or the Association, whichever shall have the obligation for the upkeep of such portion of the Condominium.

4. Nuisances. No nuisance shall be permitted to exist in any Unit. Noxious, destructive, or offensive activity, or any activity constituting an unreasonable source of annoyance, shall not be conducted in any Unit, Common Element, or Limited Common Element or on any part thereof, and the Association shall have standing to initiate legal proceedings to abate such activity. Any violation of local ordinances, such as pet, noise or nuisance, shall be deemed to be a violation of these Rules. The Board of Directors shall have the authority to determine whether any situation or condition constitutes a nuisance under these Rules. Each Unit Owner shall refrain from any act or use of his or her Unit which could reasonably cause embarrassment, discomfort, or annoyance to other Unit Owners or residents.

nuisance under these Rules. Each Unit Owner shall refrain from any act or use of his or her Unit which could reasonably cause embarrassment, discomfort, or annoyance to other Unit Owners or residents.

5. Hazardous Uses; Waste. Nothing shall be done or kept on the Condominium which will increase the rate of insurance applicable for permitted uses for other Units, the Common Elements, the Limited Common Elements or any part thereof without the prior written consent of the Board, including, without limitation, any activities which are unsafe or hazardous with respect to any person or property. No person shall permit anything to be done or kept in the Condominium which will result in the cancellation of any insurance on any other Unit, the Common Elements, the Limited Common Elements or any part thereof or which would be in violation of any law, regulation or administrative ruling. No vehicle of any size which transports inflammatory or explosive charge may be kept or driven on the Condominium at any time. Each Unit Owner shall comply with all federal, state and local statutes, regulations, ordinances, or other rules intended to protect the public health and welfare as related to land, water, groundwater, air or other aspects of the natural environment (the "Environmental Laws "). Environmental Laws shall include, but are not limited to, those laws regulating the use, generation, storage or disposal of hazardous substances, toxic wastes and other environmental contaminants (collectively, the "Hazardous Materials "). No Unit Owner shall knowingly use, generate, manufacture, store, release, dispose of or 2 SECTION I1 USE OF UNITS AND COMMON ELEMENTS 1. Residential Use. Except as otherwise provided herein and in the Governing

ner shall knowingly use, generate, manufacture, store, release, dispose of or 2 SECTION I1 USE OF UNITS AND COMMON ELEMENTS 1. Residential Use. Except as otherwise provided herein and in the Governing Documents, Units shall be used exclusively for residential purposes.

2. No Commercial Use. Except for those activities conducted as part of home occupations in accordance with the "Governing Documents", no Unit shall be used for any business, commercial, manufacturing, mercantile, storing, vending or other nonresidential purpose.

4. Nuisances. No nuisance shall be permitted to exist in any Unit. Noxious, destructive, or offensive activity, or any activity constituting an unreasonable source of annoyance, shall not conducted in any Unit, Common Element, or Limited Common Element or on any part thereof, and the Association shall have standing to initiate legal proceedings to abate such activity. Any violation of local ordinances, such as pet, noise or nuisance, shall be deemed to be a violation of these Rules. The Board of Diirector~ shall have the authority to determine whether any situation or condition constitutes a nuisance under these Rules. Each Unit Owner shall refiain from any act or use of his or her Unit which could reasonably cause embarrassment, discomfort, or annoyance to other Unit Owners or residents.

5. Hazardous Uses; Waste. Nothing shall be done or kept on the

Page 95

any act or use of his or her Unit which could reasonably cause embarrassment, discomfort, or annoyance to other Unit Owners or residents.

5. Hazardous Uses; Waste. Nothing shall be done or kept on the Condominium which will increase the rate of insurance applicable for permitted uses for other Units, the Common Elements, the Limited Common Elements or any part thereof without the prior written consent of the Board, including, without limitation, any activities which are unsafe or hazardous with respect to any person or property. No person shall permit anything to be done or kept in the Condominium which will result in the cancellation of any insurance on any other Unit, the Common Elements, the Limited Common Elements or any part thereof or which would be in violation of any law, regulation or administrative ruling. No vehicle of any size which tmnsports inflammatory or explosive charge may be kept or driven on the Condominium at any time. Each Unit Owner shall comply with all federal, state and local statutes, regulations, ordinances, or other rules intended to protect the public health and welfare as related to land, water, groundwater, air or other aspects of the natural environment (the "Environmental Laws"). Environmental Laws shall include, but are not limited to, those laws regulating the use, generation, storage or disposal of hazardous substances, toxic wastes and other environmental contaminants (collectively, the "Hazardous Materials").

NO Unit Owner shall knowingly use, generate, manufacture, store, release, dispose of or

zardous substances, toxic wastes and other environmental contaminants (collectively, the "Hazardous Materials").

NO Unit Owner shall knowingly use, generate, manufacture, store, release, dispose of or knowingly permit to exist in, on, under or about such Unit Owner's Unit, the Common Elements, the Limited Common Elements, or any portion of the Condominium or transport to or from any portion of the Condominium any Hazardous Materials except in compliance with the Environmental Laws. No waste shall be committed on the Common Elements or the Limited Common Elements.

6. Emissions. There shall be no emissions of dust, sweepings, dirt, cinders, odors, gases or other substances into the atmosphere except for normal residential chimney or BBQ grill emissions and no production, storage or discharge of Hazardous Materials on the Condominium or discharges of liquid, solid wastes or other environmental contaminants into the ground or any body of water. THE USE OF CHARCOAL IS NOT PERMITTED AT INDIVIDUAL UNITS. Existing grills as of July 15, 2004 are grandfathered and must be ten (10) feet from buildings.

7. Noise. All persons present on the Condominium shall comply with the applicable local noise ordinance and shall not permit or engage in any activity, practice or behavior that causes annoyance, discomfort or disturbance to any other person(s) lawfully present on any portion of the Condominium.

dinance and shall not permit or engage in any activity, practice or behavior that causes annoyance, discomfort or disturbance to any other person(s) lawfully present on any portion of the Condominium.

8. Obstructions. No person shall obstruct any of the Common Elements, Limited Common Elements, or otherwise impede the rightful access of any other person on any portion of the Condominium upon which such person has the right to enter. No person shall place or cause or permit anything to be placed on or in any of the Common Elements or Limited Common Elements without the approval of the Board. Nothing shall be altered or constructed in or removed from the Common Elements or Limited Common Elements except with the proper written approval of the Board. The Association reserves the right to remove any obstructions that may constitute a safety or hazard situation at the Unit Owner's expense. If it becomes necessary to remove any obstruction in the Common Elements or Limited Common Elements, such costs will be at the Unit Owner's expense and shall become part of the assessment obligation.

9. Association Property. The Common Elements shall be used only for the furnishing of the services and facilities for which the same is reasonably suited and which are incident to the use and occupancy of the Units. The improvements located on the Common Elements, if any, shall be used only for their intended purposes. Except as otherwise expressly proprietary use of any of the Common Elements without the prior written approval of the Board and then only on a temporary basis.

e used only for their intended purposes. Except as otherwise expressly proprietary use of any of the Common Elements without the prior written approval of the Board and then only on a temporary basis.

10. Access to Units. Due to the nature of Condominium ownership, the Association has the right to enter any Unit for the purpose of making repairs or maintenance for the benefit of the Condominium. A resident roster is maintained by the Association so that you may be contacted prior to the entry of your Unit by the Association. It is important that you provide both a work and home telephone number to the Association in the event you need to be contacted. The Unit Owner shall also be responsible for maintaining an updated or a current address for correspondence.

3 knowingly permit to exist in, on, under or about such Unit Owner's Unit, the Common Elements, the Limited Common Elements, or any portion of the Condominium or transport to or from any portion of the Condominium any Hazardous Materials except in compliance with the Environmental Laws. No waste shall be committed on the Common Elements or the Limited Common Elements.

6. Emissions. There shall be no emissions of dust, sweepings, dirt, cinders, odors, gases or other substances into the atmosphere except for normal residential chimney or BBQ grill emissions and no production, storage or discharge of Hazardous Materials on the Condominium or discharges of liquid, solid wastes or other environmental contaminants into the ground or any body of water. THE USE OF CHARCOAL IS NOT PERMITTED AT INDIVIDUAL UNITS. Existing grills as of July 15,2004 are grandfathered and must be ten (10) feet from buildings.

7. Noise. All persons present on the Condominium shall comply with the

NOT PERMITTED AT INDIVIDUAL UNITS. Existing grills as of July 15,2004 are grandfathered and must be ten (10) feet from buildings.

7. Noise. All persons present on the Condominium shall comply with the applicable local noise ordinance and shall not permit or engage in any activity, practice or behavior that causes annoyance, discomfort or disturbance to any other person@) lawfdly present on any portion of the Condominium.

8. Obstructions. No person shall obstruct any of the Common Elements, Limited Common Elements, or otherwise impede the rightll access of any other person on any portion of the Condominium upon which such person has the right to enter. NO person shall place or cause or permit anything to be placed on or in any of the Common Elements or Limited Common Elements without the approval of the Board. Nothing shall be altered or constructed in or removed from the Common Elements or Lited Common Elements except with the proper written approval of the Board. The Association reserves the right to remove any obstructions that may constitute a safety or hazard situation at the Unit Owner's expense. If it becomes necessary to remove any obstruction in the Common Elements or Lited Common Elements, such costs will be at the Unit Owner's expense and shall become part of the assessment obligation.

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10. Access to Units. Due to the nature of Condominium ownership, the Association has the right to enter any Unit for the purpose of making repairs or maintenance for the benefit of the Condominium, A resident roster is maintained by the Association so that you may be contacted prior to the entry of your Unit by the Association. It is important that you provide both a work and home telepRone number to the Association in the event you need to be contacted. The Unit Owner shall also be responsible for maintaining an updated or a current address for correspondence.

a. In the case of emergency, the Association will attempt to contact you prior to entry of your Unit. However, many emergencies will not allow time for such notification.

b. In all non -emergency cases, the Association will give you prior notice, by telephone or in writing, of the need to enter your Unit and will make arrangements to gain access.

c. The Association will not admit delivery, trade and/or other visitors of the owners or residents to any of the Units.

11. Antennas. No antenna or other device for the transmission or reception of television or radio signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors on any property within the Westgate Community, whether attached to a building or structure or otherwise. Satellite dishes fall into the category of "other device." (Refer to Satellite Policy.)

utdoors on any property within the Westgate Community, whether attached to a building or structure or otherwise. Satellite dishes fall into the category of "other device." (Refer to Satellite Policy.)

12. Front Porches and Fenced Patios. The front porches and fenced patios are for the private use and enjoyment of the Unit Owner excluding Association responsibilities as outlined in Section V of the Bylaws.

a. The Unit Owner is responsible for the routine cleaning of the Front Porches and Fenced Patios as well as simple maintenance to the Front Porches and Fenced Patios.

b. Any major repairs to the Front Porches and Fenced Patios will be handled by the Association. Approved improvements, such as decks, to the Fenced Patio areas made by the Unit Owner is the responsibility of the Unit Owner.

c. Appliances & Storage. Front Porches, Fenced Patios and Garden Areas shall not be used for storage. Small appliances, such as radios and televisions may be used provided the noise levels are controlled to prevent disturbing the other residents and the appliances are used in accordance with local ordinances. No storage containers other than trash cans are permitted in these areas. d. Enclosures. All types of exterior screens blinds, shutters, windows enclosures and awnings are prohibited. e. Fixtures & Decorations. Except as identified herein, no permanent fixtures or decorations may be fastened to the walls, ceiling, fencing or railings unless approved by the Board of Directors.

f. Flags. Only United States flags no larger than 4' x 8' may be displayed in accordance with generally accepted rules for display of the flag. Flags of appropriate size may be draped and fastened over Fenced Patio railings.

4 a. In the case of emergency, the Association will attempt to contact you

ally accepted rules for display of the flag. Flags of appropriate size may be draped and fastened over Fenced Patio railings.

4 a. In the case of emergency, the Association will attempt to contact you prior to entry of your Unit. However, many emergencies will not allow time for such notification.

b. In all non-emergency cases, the Association will give you prior notice, by telephone or in writing, of the need to enter your Unit and will make arrangements to gain access.

c. The Association will not admit delivery, trade andlor other visitors of the owners or residents to any of the Units.

12. Front Porches and Fenced Patios, The front porches and fenced patios are for the private use and enjoyment of the Unit Owner excluding Association responsibilities as outlined in Section V of the Bylaws.

a. The Unit Owner is responsible for the routine cleaning of the Front Porches and Fenced Patios as well as simple maintenance to the Front Porches and Fenced Patios.

c. Appliances & Storape. Front Porches, Fenced Patios and Garden Areas shall not be used for storage. Small appliances, such as radios and televisions may

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wner is the responsibility of the Unit Owner.

c. Appliances & Storape. Front Porches, Fenced Patios and Garden Areas shall not be used for storage. Small appliances, such as radios and televisions may be used provided the noise levels are controlled to prevent disturbing the other residents and the appliances are used in accordance with local ordinances. No storage containers other than trash cans are permitted in these areas.

d. Enclosures. All types of exterior screens blinds, shutters, windows enclosures and awnings are prohibited.

e. Fixtures & Decorations. Except as identified herein, no permanent fixtures or decorations may be fastened to the walls, ceiling, fencing or railings unless approved by the Board of Directors.

f. Flaps. Only United States flags no larger than 4' x 8' may be displayed in accordance with generally accepted rules for display of the flag. Flags of appropriate size may be draped and fastened over Fenced Patio railings.

g. Furniture. Appropriate seasonal patio furniture may be used in these areas.

h. Hanging Baskets. Hanging baskets are allowed on the Decks and Fenced Patios. All baskets must be safely secured to prevent being blown away. They must be neat and well -maintained. Any baskets containing dead or dying plants must be removed immediately.

i. Miscellaneous. The following items shall not be placed on Fenced Patios or Garden Areas: i. excessive number of bird feeders/bird baths ii. clothing or other items for airing or drying iii. items or furnishings which may be pushed or blown off the Fenced Patios or Front Porches iv. dog houses j. Painting. Bylaws Article V, Section 5(a). Exterior painting of all the Common Elements and Limited Common Elements is the responsibility of the Association.

d Patios or Front Porches iv. dog houses j. Painting. Bylaws Article V, Section 5(a). Exterior painting of all the Common Elements and Limited Common Elements is the responsibility of the Association.

k. Planters. Planter boxes are not allowed outside the Fenced Patio in front of the buildings. Planter boxes may be used on the Front Porches and inside the Fenced Patios. No more than three such boxes may be used on any one Front Porch or Fenced Patio. All planters must be secured to the Patio fencing in a non -permanent manner, so that they cannot be pushed or blown over. No planters or hardware may be attached to the outside of the Fenced Patio, buildings or Common Elements.

I. Weight Limitations. No additions or changes to Front Porches and Fenced Patios may be made without the prior written approval of the Board of Directors.

13. Cable Television. Units in the Condominium are cable ready. Contact local provider.

14. Doors, Doorbells, Knockers, Handles, Locks, Weather Stripping & Other Hardware. The maintenance of these items is the responsibility of the Unit Owner(s).

15. Fire. In the event of a fire occurring anywhere on the Common Elements or in a Unit, IMMEDIATELY CALL THE FIRE DEPARTMENT. The Managing Agent of the Condominium should be notified as soon as reasonably possible. Unit fire alarms, smoke detectors and other such devices are the responsibility of the Unit Owner(s).

s g. Furniture. Appropriate seasonal patio furniture may be used in these areas.

h. Haneine Baskets. Hanging baskets arc allowed on the Dccks and Fenced Patios. All baskets must be safely sccurcd to prevent being blown away. l'hey must be neat and well-maintained. Any baskets containing dead or dying plants mustbe . . removed immediately.

s and Fenced Patios. All baskets must be safely sccurcd to prevent being blown away. l'hey must be neat and well-maintained. Any baskets containing dead or dying plants mustbe . . removed immediately.

i. Miscellaneous. The following items shall not be placed on Fenced Patios or Garden Areas: 1. .. excessive number of bird feedershird baths 11. clothing or other items for airing or drying iii. items or furnishings which may be pushed or blown off the Fenced Patios or Ftont Porches iv. dog houses j. Painting. Bylaws Article V, Section S(a). Exterior painting of all the Common Elements and Limited Common Elements is the responsibility of the Association.

k. Planters. Planter boxes are not allowed outside the Fenced Patio in front of the buildings. Planter boxes may be used on the Front Porches and inside the Fenced Patios. No more than three such boxes may be used on any one Front Porch or Fenced Patio. All planters must be secured to the Patio fencing in a non-permanent manner, so that they cannot be pushed or blown over. No planters or hardware may be attached to the outside of the Fenced Patio, buildings or Common Elements.

1. Weieht Limitations. No additions or changes to Front Porches and Fenced Patios may be made without the prior written approval of the Board of Directors.

13. Cable Television. Units in the Condominium are cable ready. Contact local provider.

14. Doors, Doorbells. Knockers, Handles. Locks. Weather Strippins- & Other Hardwolre. The maintenance of these items is the responsibility of the Unit 15. &. In the event of a fire occurring anywhere on the Common Elements or in a Unit, IMMEDIATELY CALL THE FIRE DEPARTMENT. The Managing Agent of the Cbndominium should be notified as soon as reasonably possible. unit fire

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a fire occurring anywhere on the Common Elements or in a Unit, IMMEDIATELY CALL THE FIRE DEPARTMENT. The Managing Agent of the Cbndominium should be notified as soon as reasonably possible. unit fire alarms, smoke detectors and other such devices are the responsibility of the Unit 16. Grills. Charcoal grills are prohibited at individual units. Existing grills as of July 15, 2004 are grandfathered and must be ten (10) feet from buildings.

17. Interior Alterations and Relocation of Partitions. No interior alterations are permitted that would affect the integrity of any load bearing walls. Unit Owners are responsible for coordinating such alterations with the Board of Directors.

18. Landscaping and Planting. Any landscape improvements outside of Fenced Patio areas shall be approved by the Board of Directors. Unit Owner will be responsible for the care and maintenance of any such landscaping.

19. Leases. Unit Owners are permitted to lease their Units in accordance with current policy (See Attached).

a. The lease shall be in written form.

b. The Unit Owner shall supply the Association with the name(s) and home and work telephone numbers of any tenants so that they can be reached if necessary. The Unit Owner should provide any tenants with vehicle and/or pet registration forms upon the execution of the lease. The completed forms should be forwarded to the Managing Agent within seven (7) days.

c. Unit Owners are responsible for all actions of their tenants, including actions which cause damage to the Common Elements, the Unit or violate the Governing Documents. Any debt to the Association incurred by the tenant will become the obligation of the Unit Owner in the form of an assessment against the Unit.

on Elements, the Unit or violate the Governing Documents. Any debt to the Association incurred by the tenant will become the obligation of the Unit Owner in the form of an assessment against the Unit.

d. The City of Williamsburg Zoning Code Article I, Section 21 -2 states that no more than three unrelated persons can reside in a household. 20. litter. It is prohibited to litter or deposit debris on the Common Elements, including the Retention Pond (BMP). 21. Mailboxes. The mailboxes are located in a clustered area on the Common Elements. The Association will provide maintenance for the mailboxes. Additional keys and/or rekeying of mailbox are the responsibility of the Unit Owner. 22. Main Entrance, Stairs, Front Porches and Walkways. Nothing shall be stored or placed on the stairs; front porches and walkways leading to the main entrance doors, which create an obstruction. 23. Moving. Owners who are moving in or out of the Condominium must do so between the hours of 9:00 a.m. and 9:00 p.m. Moving vans may only be parked in the visitor parking_ spaces.

6 16. m. Charcoal grills are prohibited at individual units. Existing grills as of July 15,2004 are grandfathered and must be ten (10) feet from buildings.

19. w. Unit Owners are permitted to. lease their Units in accordance with current policy (See Attached).

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Directors. Unit Owner will be responsible for the care and maintenance of any such landscaping.

19. w. Unit Owners are permitted to. lease their Units in accordance with current policy (See Attached).

a. The lease shall be in written form.

b. The Unit Owner shall supply the Association with the name(s) and home and work telephone numbers of any tenants so that they can be reached if necessary. The Unit Owner should provide any tenants with vehicle andlor pet registration forms upon the execution of the lease. The completed forms should be forwarded to the Managing Agent within seven (7) days.

d. The City of Williamsburg Zoning Code Article I, Section 21-2 states that no more than three unrelated persons can reside in a household.

20. &. It is prohibited to litter or deposit debris on the Common Elements, including the Retention Pond (BMP).

21. Mailboxes. The mailboxes are located in a clustered area on the Common Elements. The Association will provide maintenance for the mailboxes. Additional keys and/or rekeying of mailbox are the responsibility of the Unit Owner.

22. Main Entrance, Stairs. Front Porches and Walkwavs. Nothing shall be stored or placed on the stairs, front porches and walkways leading to the main entrance doors, which create an obstruction.

23. Moving. Owners who are moving in or out of the Condominium mGst do so between the hours of 9:00 a.m. and 9:OOp.m. Moving vans may only be parked in the visitor park in^ sgaces.

ate an obstruction.

23. Moving. Owners who are moving in or out of the Condominium mGst do so between the hours of 9:00 a.m. and 9:OOp.m. Moving vans may only be parked in the visitor park in^ sgaces.

24. Painting, Wallpapering, Decorating. Interior painting, wallpapering and decorating is the responsibility of the Unit Owner. 25. Pest Control. The Association is responsible for pest extermination for the Common Elements ONLY. However, termite protection will be provided by the Association for each Unit. Please contact the "Managing Agent" if you notice a need for pest control on the Common Elements. Pest control in the individual Units IS the responsibility of the Unit Owner.

sociation for each Unit. Please contact the "Managing Agent" if you notice a need for pest control on the Common Elements. Pest control in the individual Units IS the responsibility of the Unit Owner.

26. Plumbing. The plumbing becomes the Unit Owner's responsibility at the point it enters the unit. In addition, all other plumbing and utility circuits that serve only that unit regardless of location is the Unit Owner's responsibility. 27. Porch Lights. Porch lights are to be white in color. Both white and yellow "bug" lights are permitted. No other color is allowed. The replacement of missing or broken porch globes is the responsibility of the Unit Owner and should be replaced by the Unit Owner in a timely manner. 28. Recycling. All large cardboard boxes that do not have a waxy coating on the outside must be broken down and flattened and placed in the area behind the recycling bin. 29. Relocation of Boundaries and Subdivision of Units. Declaration of the Condominium Article IV, Sections 1 and 2. 30. Sale of Unit. Virginia law requires sellers of residential property to make certain disclosures to the purchasers. Upon the Unit Owner's request, the Association will provide a disclosure packet as required by the Condominium Act. The Association charges a fee for providing the disclosure packet. 31. Seasonal Decorations. Approval for seasonal decorations is not required so long as such decorations meet the following criteria: a. The decorations are displayed only so long as they are appropriate.

b. The decorations do not make any sound.

c. The decorations are not attached in such a way as to mar the finish on the door.

ia: a. The decorations are displayed only so long as they are appropriate.

b. The decorations do not make any sound.

c. The decorations are not attached in such a way as to mar the finish on the door.

d, Decorative holiday lighting shall not be operative prior to the 26`" of November in any year, and removed not later than the following 7th of January. Lighting displays should not be objectionable to the Board of Directors. e. Seasonal decorations are to be removed no later than two (2) weeks after the holiday.

7 24. Painting, Wallpapering. 1)ecorating. Interior painting, wallpapering and decorating is [lie responsibility of the Unit Owncr.

25. Pest Control. The Association is responsible for pest extermination for the Common Elements ONLY. However, termite protection will be provided by the Association for each Unit. Please contact the "Managing Agent" if you notice a need for pest control on the Common Elements. Pest control in the individual Units the responsibility of the Unit Owner.

27. Porch Lights. Porch lights are to be white in color. Both white and yellow "bug" lights are permitted. No other color is allowed. The replacement of missing or broken porch globes is the responsibility of the Unit Owner and should be replaced by the Unit Owner in a timely manner.

28. Recycling. All large cardboard boxes that do not have a waxy coating on the outside must be broken down and flattened and placed in the ar& behind the recycling bin. . .

29. Relocation of Boundaries and Subdivision of Units. Declaration of the

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o not have a waxy coating on the outside must be broken down and flattened and placed in the ar& behind the recycling bin. . .

29. Relocation of Boundaries and Subdivision of Units. Declaration of the Condominium Article IV, Sections 1 and 2.

30. Sale of Unit. Virginia law requires sellers of residential propem to make certain disclosures to the purchasers. Upon the Unit Owner's request, the Association will provide a disclosure packet as required by the Condominium Act. The Association charges a fee for providing the disclosure packet.

31. Seasonal Decorations. Approval for seasonal decorations is not required so long as such decorations meet the following criteria: a. The decorations are displayed only so long as they are appropriate.

b. The decorations do not make any sound.

C. The decorations are not attached in such a way as to mar the finish on the door.

d. Decorative holiday lighting shall not be operative prior to the 26th of November in any year, and removed not later than the following 7' of January. Lighting displays should not be objectionable to the Board of Directors.

e. Seasonal decorations are to be removed no later than two (2) weeks after the holiday.

32. Security. Unit Owners can enhance the security of the Condominium through awareness programs and by making sure Unit windows and doors are locked. A Unit Owner must notify the City of Williamsburg Police Department prior to the installation of a home burglar alarm system. If you observe any suspicious or criminal activity, do not call the Association. IMMEDIATELY CALL THE POLICE DEPARTMENT. 33. Signs. No sign, notice, or advertisement shall be posed, erected, or displayed upon the Common Elements or shall be visible from any unit, except for the following:

ELY CALL THE POLICE DEPARTMENT. 33. Signs. No sign, notice, or advertisement shall be posed, erected, or displayed upon the Common Elements or shall be visible from any unit, except for the following: a. One "For Sale" or "For Rent" real estate or broker sign advertising a Unit for sale may be displayed from the interior of a window of the Unit for the period the Unit is for sale or rent. The sign must not exceed 4 sq. ft. in size and must be removed within fourteen (14) days from the date of the closing of the sale.

b. Signs or notices require by law to be posted during construction or repair work within a Unit.

q. ft. in size and must be removed within fourteen (14) days from the date of the closing of the sale.

b. Signs or notices require by law to be posted during construction or repair work within a Unit.

c. Discreet security system notices, a decal or health alert notices are permitted. 34. Solicitation. All door -to -door commercial solicitation is prohibited. placing of materials on or under Unit doors is strictly prohibited unless express written permission is granted by the Board. Violations should be reported at once to the Association. 35. Trash Removal. The City of Williamsburg provides the trash removal service for the Condominium. All trash must be contained in sturdy plastic bags that are securely fastened. If you have large or bulky items to dispose of, you must make arrangements with the City of Williamsburg for pickup of these items. 36. Utilities. a. Each Unit is individually metered for electricity. The heating and hot water tanks in each Unit are operated by natural gas and the air- conditioning systems in each Unit are operated by electricity. Each Unit Owner will be billed monthly by Virginia Power for electricity and will be billed monthly by Virginia Natural Gas for the natural gas used in his or her Unit. It is the responsibility of the Unit Owner to contact Virginia Power and Virginia Natural Gas regarding connection, disconnection or transferring the billing of the electricity and natural gas to a tenant. b. The electricity for the lighting of the Common Elements is paid for through your Association assessment.

8 32. Security. Unit Owners can enhance the security of the Condominium through awareness programs and by making sure Unit windows and doors are locked. A Unit Owner must notify the City of Williamsburg Police Department prior to the

nhance the security of the Condominium through awareness programs and by making sure Unit windows and doors are locked. A Unit Owner must notify the City of Williamsburg Police Department prior to the installation of a home burglar alarm system. If you observe any suspicious or criminal DEPARTMENT.

33. B. No sign, notice, or advertisement shall be posed, erected, or displayed upon the Common Elements or shall be visible from any unit, except for the following: a. One "For Sale" or "For Rent" real estate or broker sign advertising a Unit for sale may be displayed from the interior of a window of the Unit for the period the Unit is for sale or rent. The sign must nit exceed 4 sq. R in size and must be removed within fourteen (14) days from the date of the closing of the sale.

b. Signs or notices require by law to be posted during construction or repair work within a 1Jnit.

c. Discreet security system notices, a decal or health alert notices are permitted.

34. Solicitation. All door-to-door commercial solicitation is prohibited.

placing of materials on or under Unit doors is strictly prohibited unless express written permission is granted by the Board. Violations should be reported at once to the Association.

35. Trash Removal. The City of Williamsburg provides the tmsh removal service for the Condominium. AU trash must be contained in sturdy plastic bags that are securely fastened. If you have large or bulky items to dispose of, you must make arrangements with the City of Williamsburg for pickup of these items.

36. Utilities.

a. Each Unit is individually metered for electricity. The heating and hot water tanks in each Unit are operated by natural gas and the air-conditioning systems in

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pickup of these items.

36. Utilities.

a. Each Unit is individually metered for electricity. The heating and hot water tanks in each Unit are operated by natural gas and the air-conditioning systems in each Unit are operated by electricity. Each Unit Owner will be billed monthly by Virginia Power for electricity and will be billed monthly by Virginia Natural Gas for the natural gas used in his or her Unit. It is the responsibility of the Unit Owner to contact Virginia Power and Virginia Natural Gas regarding connection, disconnection or transfemng the billing of the electricity and natural gas to a tenant.

b. The electricity for the lighting of the Common Elements is paid for through your Association assessment.

c. The Units are sub -metered for water and sewer service Water and sewer charges for the Units are billed directly to the Unit Owner. The water and sewer service for the Common Elements are paid by the Association.

37. Window Dressings. Draperies, curtains or Venetian blinds must be installed at all windows within the Unit. All window dressings must show a white or off -white face to the exterior. SECTION III ADDITIONS, ALTERATIONS AND IMPROVEMENTS I. Article V, Section 7 of the Bylaws provides that no Unit Owner shall make structural or exterior addition, alteration or improvement in or to his Unit without the prior written consent of the Board of Directors.

Section 7 of the Bylaws provides that no Unit Owner shall make structural or exterior addition, alteration or improvement in or to his Unit without the prior written consent of the Board of Directors.

2. Article V, Section 1(g) of the Declaration provides that without the prior written consent of the Board of Directors, except on replacements of any real construction no Unit Owner shall install any electrical or telephone wire, television or communication antenna, air conditioning unit, awning or other machine, device or improvement upon any Unit or Common Elements in such a fashion that it protrudes from or through any roof, balcony, wall or window nor shall any blind, shade, drapes or screen be attached to or used in connection with any exterior windows or exterior doors.

3. A written request for approval of any structural addition, alteration or improvement must be made to the Board of Directors. The Board of Directors will respond to such request within thirty (30) days from the date of such request. SECTION IV PARKING AND VEHICLE RESTRICTIONS 1. Unit Owners shall be limited to parking two approved vehicles on the Common Element parking lots. Additional vehicles must be approved by the Board.

est. SECTION IV PARKING AND VEHICLE RESTRICTIONS 1. Unit Owners shall be limited to parking two approved vehicles on the Common Element parking lots. Additional vehicles must be approved by the Board.

2. All vehicles must be registered within seven (7) days of moving in or obtaining the new vehicle with the Managing Agent. 3. Parking shall be restricted to approved vehicles. Approved vehicles shall include conventional passenger vehicle, motorcycle, van and truck, recreational or commercial vehicle of two and one -half, or less, tons gross weight. All vehicles, including associated equipment or accessories, must be parked so as not to impede traffic or damage vegetation, obstruct traffic or create a safety hazard. The Board of Directors reserves the right to determine if any condition constitutes a hazard..

9 c. The Units are sub-metered for water and sewer service. Water and sewer charges for the Units are billed directly to the Unit Owner. The water and sewer service for the Common Elements are paid by the Association.

37. Window Dressings. Draperies, curtains or Venetian blinds must be installed at all windows within the Unit. All window dressings must show a white or off-white face to the exterior.

SECTION 111 ADDITIONS, ALTERATIONS AND IMPROVEMENTS 1. Article V, Section 7 of the Bylaws provides that no Unit Owner shall make structural or exterior addition, alteration or improvement in or to his Unit without the prior written consent of the Board of Directors.

2. Article V, Section I(g) of the Declaration provides that without the prior written consent of the Board of Directors, except on replacements of any real construction no Unit Owner shall install any electrical or telephone wire, television or

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n provides that without the prior written consent of the Board of Directors, except on replacements of any real construction no Unit Owner shall install any electrical or telephone wire, television or communication antenna, air conditioning unit, awning or other machine, device or improvement upon any Unit or Common Elements in such a fashion that it protrudes from or through any roof, balcony, wall or window nor shall any blind, shade, drapes or screen be attached to or used in connection with any exterior windows or exterior doors.

SECTION N PARKING AND VEHICLE RESTRICTIONS 1. Unit Owners shall be limited to parking two approved vehicles on the Common Element parking lots. Additional vehicles must be approved by the Board.

2. All vehicles must be'registered within seven (7) days of moving in or obtaining the new vehicle with the Managing Agent.

3. Parking shall be restricted to approved vehicles. Approved vehicles shall include conventional passenger vehicle, motorcycle, van and truck, recreational or commercial vehicle of two and one-half, or less, tons gross weight. All vehicles, including associated equipment or accessories, must be parked so as not to impede traffic or damage vegetation, obstruct traffic or create a safety hazard. The Board of Directors reserves the right to determine if any condition constitutes a hazard.

st be parked so as not to impede traffic or damage vegetation, obstruct traffic or create a safety hazard. The Board of Directors reserves the right to determine if any condition constitutes a hazard.

4. No signs, initials, numbers, storage containers or any other additions or alterations to parking spaces may be painted, displayed or erected by any owner without the prior written consent of the Board of Directors. This restriction does not apply to uniform numbering or letter system used by the Association.

5. No junk or derelict vehicles or other vehicle not displaying current registration, plates and City, County and State permits shall be kept in any parking space, nor shall any Unit Owner conduct repairs, routine maintenance, including oil changes; fluids (except in an emergency) or restorations of any motor vehicle or other vehicle upon any portion of the Common Elements. Vehicles may display a "for sale" sign no larger than two (2) square feet.

6. All vehicles must be kept in proper operating condition so as not to be a hazard or a nuisance by noise, exhaust emission, appearance or otherwise. Unit Owners are financially responsible for oil or other fluid leaks or other damage done to parking areas occupied by owner or tenants.

a nuisance by noise, exhaust emission, appearance or otherwise. Unit Owners are financially responsible for oil or other fluid leaks or other damage done to parking areas occupied by owner or tenants.

7. No commercial vehicles, campers, mobile homes, motor homes, house trailers or trailers of any type, recreation vehicles that is longer than eighteen (18) feet or wider than eight (8) feet or weighs more than 2 V2 tons, boats, motorcycles, mopeds, scooters or vans shall be parked or stored within the Common Elements. "Commercial vehicles" are vehicles which are not designed and used for customary, personal /family purposes. The absence of commercial lettering or graphics on a vehicle shall not be dispositive of whether it is a commercial vehicle. The foregoing restrictions regarding commercial vehicles shall not apply to temporary parking of commercial vehicles in connection with construction use or providing pick -up and delivery and other commercial services. Service vehicles for repairs and/or construction may park within the Common Elements between 7: a.m. and 8 p.m. except in the case of emergencies.

pick -up and delivery and other commercial services. Service vehicles for repairs and/or construction may park within the Common Elements between 7: a.m. and 8 p.m. except in the case of emergencies.

8. All motorized vehicles, including, but not limited to, trail bikes, motorcycles, dune buggies, snowmobiles and scooters, shall be driven only upon paved streets and parking areas. A speed limit of 15 MPH SHALL be observed within the parking areas and subdivision streets unless otherwise posted. No vehicles, including bicycles, skateboards and other recreational vehicles shall be driven on community trails, pathways, sidewalks or unpaved portions of the Common Elements, except such vehicles as are authorized by the Board as needed to maintain, repair or improve the Common Elements. This prohibition shall not apply to normal vehicular use of designated streets and lanes.

9. Complaints regarding the parking of vehicles should be directed to the Managing Agent.

10. The Board of Directors shall make a reasonable attempt to give notice in the form of written notice placed on the vehicle to the owner(s) of offending vehicles. If such vehicle is not removed or the violating condition corrected, the Board of Directors 10 4. No signs, initials, numbers, storage containers or any other additions or alterations to parking spaces may be painted, displayed or erected by any owner without the prior written consent of the Board of Directors. This restriction does not apply to uniform numbering or letter system used by the Association.

not displaying current registration, plates and City, County and State permits shall be kept in any parking space, nor shall any Unit Owner conduct repairs, routine maintenance, including oil changes, fluids (except in an emergency) or restorations of any motor vehicle or other vehicle upon any portion of the Common Elements. Vehicles may display a "for sale" sign no larger than two (2) square feet.

6. A11 vehicles must be kept in proper operating condition so as not to be a hazard or a nuisance by noise, exhaust emission, appearance or otherwise. Unit Owners are financially responsible for oil or other fluid leaks or other damage done to parking areas occupied by owner or tenants.

7. No commercial vehicles, campers, mobile homes, motor homes, house trailers or trailers of any type, recreation vehicles that is longer than eighteen (18) feet or wider than eight (8) feet or weighs more than 2 L/z tons, boats, motorcycles, mopeds, scooters or vans shal1.k parked or stored within the Common Elements. "Commercial vehicles" are vehicles which are not designed and used for customary, personal/family purposes. The absence of commercial fettering or graphics on a vehicle shall not be dispositive of whether it is a commercial vehicle. The foregoing restrictions regarding commercial vehicles shall not apply to temporary parking of commercial vehicles in connection with construction use or providing pick-up and delivery and other commercial services. Service vehicles for repairs andlor construction may park within the Common Elements between 7: a.m. and 8 p.m. except in the case of emergencies.

8. All motorized vehicles, including, but not limited to, trail bikes, motorcycles, dune buggies, snowmobiles and scooters, shall be driven only upon paved

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nd 8 p.m. except in the case of emergencies.

9. Complaints regarding the parking of vehicles should be directed to the Managing Agent.

10. The Board of Directors shall make a reasonable attempt to give notice in the form of written notice placed on the vehicle to the owner(s) of offending vehicles.

If such vehicle is not removed or the violating condition corrected, the Board of Directors shall have the offending vehicle towed at the expense and risk of the owner of the vehicle.

ending vehicles.

If such vehicle is not removed or the violating condition corrected, the Board of Directors shall have the offending vehicle towed at the expense and risk of the owner of the vehicle.

11. Subject to applicable laws and ordinances, any vehicle parked in violation of these or other restrictions set forth in the Governing Documents may be towed by the Association at the sole expense of the owner of the vehicle as follows: (i) if the vehicle is parked in a NO PARKING ZONE or FIRE LANE, double parked or otherwise blocking throughways, or causing an emergency situation, it will be subject to towing without notice; and (ii) if the vehicle is not parked as provided in (i), then it may be towed by the Association if it remains in violation for 24 hours after a notice of violation is placed on the vehicle. The Association shall not be liable to the owner of the towed vehicle for trespass, conversion, or otherwise, nor shall the Association be guilty of any criminal act, by reason of the towing. In cases of towing in which notice is required, once notice is posted, neither its removal, nor failure of the owner to receive it for any reason, shall be grounds for relief of any kind. An affidavit of the person posting such notice stating that the notice was properly posted shall be conclusive evidence of proper posting.

12. Parking of an Unit Owner, lessee, or guest vehicle for a period of longer than five (5) consecutive days is not permitted in the VISITOR parking spaces, unless approved by the Board of Directors. No unit may occupy more than two (2) parking spaces on a daily basis. SECTION V PET GUIDELINES

nsecutive days is not permitted in the VISITOR parking spaces, unless approved by the Board of Directors. No unit may occupy more than two (2) parking spaces on a daily basis. SECTION V PET GUIDELINES 1. The maintenance, keeping, boarding or raising of animals, livestock, poultry or reptiles of any kind, regardless of number is prohibited in any Unit or upon the Common Elements, except that the keeping of guide animals and orderly domestic pets (e.g., dogs, cats or caged birds) without the approval of the Board of Directors, is permitted, provided, however, that such pets are not kept or maintained for commercial purposes and that any such pet causing or creating a nuisance, unreasonable disturbance or noise on an ongoing basis after the owner thereof has received notice from the Board of Directors regarding such disturbance shall be subject to permanent removal from the Condominium within ten (10) days after receipt of a written notice from the Board of Directors if the Board deems such removal necessary to protect the safety or welfare of such person(s), and in such cases, the Board shall provide such notice as is reasonable under the circumstances.

2. The number of ordinary domestic pets, excluding caged animals and birds and those maintained in an aquarium or terrarium, shall not exceed two (2). The weight limit for any individual pet shall not exceed fifty (50) pounds unless approved by the Board of Directors. Existing dogs as of July 15, 2004 are grandfathered.

I1 ski1 have the offending vehicle towed at the expense and risk of the owner of the vehicle.

11. Subject to applicable laws and ordinances, any vehicle parked in violation of these or other restrictions set forth in the Governing Documents may be towed by the

risk of the owner of the vehicle.

SECTION V PET GUIDELINES 1. The maintenance, keeping, boarding or raising of animals, livestock, poultry or reptiles of any kind, regardless of number is prohibited in any Unit or upon the Common Elements, except that the keeping of guide animals and orderly domestic pets

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g of animals, livestock, poultry or reptiles of any kind, regardless of number is prohibited in any Unit or upon the Common Elements, except that the keeping of guide animals and orderly domestic pets (e.g., dogs, cats or caged birds) without the approval of the Board of Directors, is permitted, provided, however, that such pets are. not kept or maintained for commercial purposes and that any such pet causing or creating a nuisance, unreasonable disturbance or noise on an ongoing basis after the owner thereof has received notice from the Board of Directors regarding such disturbance shall be subject to permanent removal from the Condominium within ten (10) days after receipt of a written notice from the Board of Directors if the Board deems such removal necessary to protect the safety or welhre of such person(s), and in such cases, the Board shall provide such notice as is reasonable under the circumstances.

ium, shall not exceed two (2). The weight limit for any individual pet shall not exceed fifty (50) pounds unless approved by the Board of Directors. Existing dogs as of July 15,2004 are grandfathered.

3. Pets shall not be permitted upon the streets or Common Elements unless accompanied by someone who can control the pet and unless carried or leashed (such leash not to extend more than 6 feet in length). No pet may be leashed to any stationary object on the Common Elements or kenneled on any deck. Pets must be curbed only in the areas defined as "pet areas." Pet owners are responsible for the immediate removal and proper disposal of animal waste on all portions of the Common Elements. Generally, pet areas are defined as: (i) areas away from buildings, walkways, patio areas, gazebo area, and any amenities area; and (ii) such other areas defined by the Board of Directors. Pet owners are required to carry and use "Pooper Scoopers" and/or plastic bags at all times when pets are in Common Elements and Limited Common Element.

4. All pets shall be registered with the City of Williamsburg and inoculated as required by law. All pets must have and display, as appropriate, evidence of all required registrations and inoculations.

5. All pets must be registered with the Association within seven (7) days of occupying any portion of the Condominium, using a form available from the Association.

6. Every female dog or cat, while in heat, shall be kept confined in the Unit by its Owner in such a manner that she will not be in contact with another animal nor create a nuisance by attracting other animals.

7. Cats shall not be left unattended outside the Unit.

8. No Owner shall inflict or cause cruelty in connection with any pet.

act with another animal nor create a nuisance by attracting other animals.

7. Cats shall not be left unattended outside the Unit.

8. No Owner shall inflict or cause cruelty in connection with any pet.

9. Any Owner who keeps or maintains any pet upon any portion of the Condominium agrees to indemnify and hold the Association and each Owner free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. SECTION VI POOL 1. Guests in the pool area must be accompanied by a Résident or Unit Owner at all times. 2. No more than five (5) guests are permitted by any one Resident at any one time without written approval of the Board of Directors. 3. More than five (5) guests constitutes a Special Event and a Special Event requires written approval by the Board of Directors fourteen (14) days prior to the event. The maximum number of individuals for any Special Event shall not exceed fifteen (15) persons.

12 3. Pets shall not be permitted upon the streets or Common Elements unless accompanied by someone who can control the pet and unless carried or leashed (such leash not to extend more than 6 feet in length). No pet may be leashed to any stationary object on the Common Elements or kenneled on any deck. Pets must be curbed only in the areas defined as "pet areas." Pet owners are responsible for the immediate removal and proper disposal of animal waste on all portions of the Common Elements. Generally, pet areas are defined as: (i) areas away from buildings, walkways, patio areas, gazebo area, and any amenities area; and (ii) such other areas defined by the Board of Directors.

Pet owners are required to carry and use 'Pooper Scoopers" andlor plastic bags at all

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ys, patio areas, gazebo area, and any amenities area; and (ii) such other areas defined by the Board of Directors.

Pet owners are required to carry and use 'Pooper Scoopers" andlor plastic bags at all times when pets are in Common Elements and Limited Common Element.

5. All pets must be registered with the Association within seven (7) days of occupying any portion of the Condominium, using a form available from the Association.

7. Cats shall not be left unattended outside the Unit.

8. No Owner shall inflict or cause cruelty in connection with any pet.

SECTION VI POOL I. Guests in the pool area must be accompanied by a Resident. or Unit Omer at aH times.

2. No more than five (5) guests are permitted by any one Resident at any one time without written approvaI of the Board of Directors.

3. More than five (5) guests constitutes a Special Event and a Special Event requires written approval by the Board of Directors fourteen (1 4) days prior to the event.

The maximum number of individuals for any Special Event shall not exceed fifteen (1 5) persons.

pecial Event requires written approval by the Board of Directors fourteen (1 4) days prior to the event.

The maximum number of individuals for any Special Event shall not exceed fifteen (1 5) persons.

4. Residents/Unit Owners are responsible to make sure that guests are properly supervised. The pool is open to all residents 9 a.m. to 9 p.m. daily. See Pool Rules Posted at the Pool.

5. No nude bathing or swimming at pool. SECTION VII RETENTION POND (BMP) I. There shall be no fishing, swimming, diving, wading or skating in the retention pond (BMP). SECTION VIII DUE PROCESS I. Violation of Governing Documents. Courtesy and cooperation among residents area must for community living. When complaints involve your neighbors, it is most often best to simply discuss the problem with them. Should the complaint remain unresolved or if you feel uncomfortable talking to your neighbor, please contact the Managing Agent to request assistance. The complaint filed with the Managing Agent should be in writing and should document the problem as thoroughly as possible. The Managing Agent will attempt to resolve the problem informally. Final recourse is available through the Board which will schedule a panel to hear the complaint.

a. Informal Procedures for Violations of the Governing Documents.

pt to resolve the problem informally. Final recourse is available through the Board which will schedule a panel to hear the complaint.

a. Informal Procedures for Violations of the Governing Documents.

(i) Noncompliance with the Governing Documents may be noted by a resident, a Unit Owner, or member of the Association or by a city /county employee acting in an official capacity by initially reporting in writing to the Managing Agent. Such notice shall specify the time, date, place and nature of the violation. (ii)Upon receipt of such notice, the Managing Agent shall attempt to secure compliance by phone call, personal contact or by sending notice to the Unit Owner and, if applicable, the resident stating the time, date, place and nature of violation to be corrected and notice that noncompliance repetition or such violation may result in imposition of sanctions, fines and/or legal action after notice and hearings by the Board of Directors. A record of this action and a copy of all notice sent by the Board or Managing Agent and any correspondence relating thereto shall be kept in the Association files, and may be sent to the Association's legal counsel.

13 4. Residentanit Owners are responsible to make sure that guests are properly supervised. The pool is open to all residents 9 a.m. to 9 p.m. daily. See Pool Rules Posted at the Pool.

5. No nude bathing or swimming at pool.

SECTION W RETENTION POND (BMP) 1. There shall be no fishing, swimming, diving, wading or skating in the retention pond (BMP).

SECTION VIII DUE PROCESS 1. Violation of Governing Documents. Courtesy and cooperation among residents area must for community living. When complaints involve your neighbors, it is most often best to simply discuss the problem with them. Should the complaint remain

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rtesy and cooperation among residents area must for community living. When complaints involve your neighbors, it is most often best to simply discuss the problem with them. Should the complaint remain unresolved or if you feel uncomfortable talking to your neighbor, please contact the Managing Agent to request assistance. The complaint filed with the Managing Agent should be in writing and should document the problem as thoroughly as possible. The Managing Agent will attempt to resolve the problem informally. Final recourse is available through the Board which will schedule a panel to hear the complaint.

a Informal Procedures for Violations of the Governing Documents.

(i) Noncompliance with the Governing Documents may be noted by a resident, a Unit Owner, or member of the Association or by a citylcounty employee acting in an official capacity by initially reporting in writing to the Managing Agent. Such notice shall specify the time, date, place and nature of the violation.

@)Upon receipt of such notice, the Managing Agent shall attempt to secure compliance by phone call, personal coiltact or by sending notice to the Unit Owner and, if applicable, the resident stating the time, date, place and nature of violation to be corrected and notice that noncompliance repetition or such violation may result in imposition of sanctions, fmes and/or legal action after notice and hearings by the Board of Directors. A record of this action and a copy of all notice sent by the Board or Managing Agent and any correspondence relating thereto shall be kept in the Association files, and may be sent to the Association's legal counsel.

b. Formal Procedures for Violations of the Governing Documents.

gent and any correspondence relating thereto shall be kept in the Association files, and may be sent to the Association's legal counsel.

b. Formal Procedures for Violations of the Governing Documents.

(i) The filing of a formal complaint with the Board of Directors shall initiate the formal procedures set forth below. No Resident or Unit Owner may file a complaint unless the informal procedures set forth in paragraph 1 above have been exhausted and such violation was not corrected with the time period specified therefore in the notice sent by the Board or Managing Agent. The Complaint shall identify the specific provisions of the Governing Documents which the Unit Owner or resident is alleged to have violated or be in violation of, shall contain allegations of fact sufficient to support a finding of such violations, and shall, to the extent possible, specify the times, dates, places and persons involved and shall submit in writing the information the information listed above along with a description of the informal attempts already informal attempts already utilized to resolve the complaint. (ii) Every resident or Unit Owner accused of a violation shall receive notice from the Association stating that a compliant has been filed and describing the general nature of the complaint. Before any disciplinary action is taken against such resident or Unit Owner, the resident or Unit Owner who is the subject of a formal complaint shall have the opportunity to be heard and represented by counsel before the Board of Directors. Notice of a hearing shall be hand delivered or mailed by certified mail, return receipt requested, to the Unit Owner and, if applicable to the resident, at the address(es) of record with the association at least fourteen (14) days prior to the hearing. If, after the hearing, the Board of Directors determines that a violation of the Rules has occurred, the Board shall have the power to assess charges against any Unit Owner for any violation for which the Unit Owner or the Unit Owner's family members, tenants, guests, or other invitees are responsible. The amount of any fines assessed by the Board shall be up to Fifty Dollars ($50.00) for a single offense or Ten Dollars ($10.00) per day for any offense of a continuing nature and shall be treated as a special assessment against the Unit Owner's Lot. The foregoing remedies are in addition to any remedy the Association may seek through the legal process.

a continuing nature and shall be treated as a special assessment against the Unit Owner's Lot. The foregoing remedies are in addition to any remedy the Association may seek through the legal process.

2. Interpretive Rulings. Rulings of the Board of Directors may serve to (a) clarify the intent of provisions of the Association Instruments; (b) decide on the consistency of any such provisions with the other provisions of the Association Act or the Association Instruments, or (c) decide whether or not a rule or regulation was duly adopted.

a. Petitions. Any Unit Owner, officer or director of agent of the Association may petition the Board of Directors for an interpretive ruling by filing a written petition directed to the Board of Directors at the Association office.

14 b. Formal Procedures for Violations of the Governing Documents.

involved and shall submit in writing the information the information listed above along with a description of the informal attempts already informal attempts already utilized to resolve the complaint.

(ii) Every resident or Unit Owner accused of a violation shall receive notice fmm the Association stating that a compliant has been filed and describing the general nature of the complaint. Before any disciplinary action is taken against such resident or Unit Owner, the resident or Unit Owner who is the subject of a formal complaint shall have the opportunity to be heard and represented by counsel before the Board of Directors. Notice of a hearing shall be hand delivered or mailed by certified mail, return receipt requested, to the Unit Owner and, if applicable to the resident, at the address(es) of record with the association at least fourteen (14) days prior to the hearing. If, after the hearing, the Board of Ditors determines that a violation of the Rules has occurred, the Board shall have the power to assess charges against any Unit Owner for any violation for which the Unit Owner or the Unit Owner's family members, tenants, guests, or other invitees are responsible. The amount of any fines assessed by the Board shall be up to Fifty Dollars ($50.00) for a single offense or Ten Dollars ($10.00) per day for any offense of a continuing nature and shall be treated as a special assessment against the Unit Owner's Lot. The foregoing remedies are in addition to any remedy the Association may seek through the legal process.

2. Intervretive Rnlina. Rulings of the Board of Directors may serve to (a) clarify the intent of provisions of the Association Instruments; @) decide on the consistency of any such provisions with the other ~rovisions of the Association Act or the

Page 107

Directors may serve to (a) clarify the intent of provisions of the Association Instruments; @) decide on the consistency of any such provisions with the other ~rovisions of the Association Act or the Association Instruments, or (c) decide whether or not a rule or regulation was duly adopted.

b. Decisions. Within thirty (30) days of receipt of the petition, the Board of Directors shall issue a decision. Such decision shall be forwarded to the party requesting the decision and shall be distributed to the other Unit Owners by newsletter or other means. 3. Appeals. Any decision of any committee may be appealed to the Board of Directors, provided that all other avenues of resolution, as provided herein, have been pursued. The Board may make a preliminary review of the circumstances and materials relative to the case and made a determination as to whether it will hear the appeal.

a. Election Not to Hear Appeal. The Board may, based on the preliminary review, elect not to hear the appeal, in which case the Board will so inform the appealing party and the decision of the Committee shall stand.

b. Election to Hear Appeal. Should the Board of Directors elect to hear the appeal, a hearing will be scheduled by the Board of Directors.

ppealing party and the decision of the Committee shall stand.

b. Election to Hear Appeal. Should the Board of Directors elect to hear the appeal, a hearing will be scheduled by the Board of Directors.

c. Decision of the Board. Upon hearing the appeal, the Board may, in its discretion elect to (i) uphold; (ii) modify; or (iii) reverse the decision of the Committee. 4. Further Actions. All available avenues of resolution must be exhausted before any Unit Owner may resort to a court of law for relief with respect to any alleged violation by another member of any of the Association Instruments or the Governing Documents. Adopted: July 15, 2004 WESTGATE AT WILLIAMSBURG BOARD OF DIRECTORS Vivian Prescott Michael Witt a s or Chris Stefanski Andy Pare' Jim Sublett 15 b. Decisions. Within thirty (30) days of receipt of the petition, the Board of Directors shall issue a decision. Such decision shall be forwarded to the party requesting the decision and shall be distributed to the other Unit Owners by newsletter or other means.

3. Appeals. Any decision of any committee may be appealed to the Board of Directors, provided that all other avenues of resolution, as provided herein, have been pursued. The Board may make a preliminary review of the circumstances and materials relative to the case and made a determination as to whether it will hear the appeal.

a. Election Not to Hear Ap~eal. l'hc Board m3y, based on the prcliminary review, elect not to hear the appeal, in which case the Board will so inform the appealing party and the decision of the Committee shall stand b. Election to Hear Appeal. Should the Board of Directors elect to hear the appeal, a hearing will be scheduled by the Board of Directors.

c. Deeision of the Board. Upon hearing the appeal, the Board may, in its

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to Hear Appeal. Should the Board of Directors elect to hear the appeal, a hearing will be scheduled by the Board of Directors.

c. Deeision of the Board. Upon hearing the appeal, the Board may, in its discretion elect to (i) uphold; (ii) modify; or (iii) reverse the decision of the Committee.

4. Further Actions. All available avenues of resolution must be exhausted before any Unit Owner may resort to a court of law for relief with respect to any alleged violation by another member of any of the Association Instmments or the Governing Documents.

Adopted: July 15,2004 WESTGATE AT WILLIAMSBURG BOARD OF DIRECTORS Vivian Prescott h ,mD Michael Witt 4 Chris Stefanski Andy Pare' Jim Sublett

of the Association Instmments or the Governing Documents.

Adopted: July 15,2004 WESTGATE AT WILLIAMSBURG BOARD OF DIRECTORS Vivian Prescott h ,mD Michael Witt 4 Chris Stefanski Andy Pare' Jim Sublett WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC. POLICY RESOLUTION NO. 2012 - #001 ASSOCIATION COMPLAINT PROCEDURES (for resolving certain complaints from members and others) WHEREAS, pursuant to Section 55- 530(E) of the Virginia Code, the Virginia Common Interest Community Board ( "CICB ") has promulgated final regulations imposing a requirement that each common interest community (including condominiums, property owners' associations and cooperatives) adopt a reasonable procedure for the resolution of certain written complaints from the members of such association and other citizens; and WHEREAS, within 90 days of the effective date of the CICB regulations, all common interest communities must adopt a complaint procedure that is compliant with the CICB regulations; NOW, THEREFORE, TI' IS HEREBY RESOLVED THAT the Westgate at Williamsburg Condominium Association, Inc. ( "Association "), acting through its Board of Directors, hereby adopts and establishes the following CICB- mandated Association complaint procedure for handling written complaints concerning actions or inactions allegedly inconsistent with state laws and regulations governing common interest communities: A. Definitions. Unless otherwise defined in this Resolution, the words, terms or phrases used in this Resolution shall have the same meanings as defined in the CICB regulations and/or in the Association's recorded covenants and bylaws.

fined in this Resolution, the words, terms or phrases used in this Resolution shall have the same meanings as defined in the CICB regulations and/or in the Association's recorded covenants and bylaws.

B. Complaint Form. If a member of the Association, a resident or other individual alleges that an action, inaction or decision of the Association, the Board of Directors ( "Board ") or the Association's management agent ( "Managing Agent ") is inconsistent with state laws or regulations governing common interest communities, then that individual must submit a formal written complaint ( "Complaint ") to the Board using the attached Complaint Form (Exhibit A) in order to trigger the formal procedures described below. If the individual does not wish to trigger these formal procedures, then the individual should submit their questions, concerns or issues to the Managing Agent or the Board without using the attached form.

1. Complaint Form Instructions and Attachments. A completed Complaint Form must include a description of the specific facts and circumstances relevant to the individual's Complaint, and the specific action, result or resolution that is being requested. If the individual submitting the Complaint Form (the "Complainant ") knows the law or regulation that has been allegedly violated or is otherwise applicable to the Complaint, then the Complainant must provide a reference to that law or regulation on the Complaint Form. The Complainant must also attach to the Complaint Form a copy of any documents that Complainant believes support the validity of the Complaint (not including laws, regulations or the Association's governing documents).

st also attach to the Complaint Form a copy of any documents that Complainant believes support the validity of the Complaint (not including laws, regulations or the Association's governing documents).

A copy of these complaint procedures (including the required Complaint Form) will be available upon request from the Association by contacting: Berkley Realty Property Management, 150 Strawberry Plains Road Suite A -1, Williamsburg, VA 23118.

1 WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

POLICY RESOLUTION NO. 2012 - #001 ASSOCIATION COMPLAINT PROCEDURES (for resolving certain complaints from members and others) WHEREAS, pursuant to Section 55-530(E) ofthe Virginia Code, the Virginia Common Interest Community Board ("CICB) has promulgated final regulations imposing a requirement that each common interest community (including condominiums, property owners' associations and cooperatives) adopt a reasonable procedure for the resolution of certain written complaints from the members of such association and other citizens; and WHEREAS, within 90 days of the effective date of the CICB regulations, all common interest communities must adopt a complaint procedure that is compliant with the CICB regulations; NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the Westgate at Williamsburg Condominium Association, Inc. ("Association"), acting through its Board of Directors, hereby adopts and establishes the following C1CB-mandated Association complaint procedure for handling written complaints concerning actions or inactions allegedly inconsistent with state laws and regulations governing common interest communities: A. Definitions. Unless otherwise defined in this Resolution, the words, terms or phrases used in this

ions allegedly inconsistent with state laws and regulations governing common interest communities: A. Definitions. Unless otherwise defined in this Resolution, the words, terms or phrases used in this Resolution shall have the same meanings as defined in the CICB regulations andlor in the Association's recorded covenants and bylaws.

B. Complaint Form. If a member of the Association, a resident or other individual alleges that an action. inaction or decision of the Association. the Board of Directors ("Board") or the Association's management agent ("Managing Agent") is inconsistent with state laws or regulations governing common interest communities, then that individual must submit a formal written complaint ("Complaint") to the Board using the attached Complaint Form (Exhibit A) in order to bigger the formal procedures described below. If the individual does not wish to trigger these formal procedures, then the individual should submit their questions, concerns or issues to the Managing Agent or the Board without using the attached form.

1. Complaint Form Instructions and Attachments. A completed Complaint Form must include a description of the specific facts and circumstances relevant to the individual's Complaint, and the specific action, result or resolution that is being requested. If the individual submitting the Complaint Form (the "Complainant") knows the law or regulation that has been allegedly violated or is otherwise applicable to the Complaint, then the Complainant must provide a reference to that law or regulation on the Complaint Form. The Complainant must also attach to the Complaint Form a copy of any documents that Complainant believes support the validity of the Complaint (not including laws, regulations or the Association's governing documents).

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C. Mailing or Delivering Complaint to Board of Directors. The fully completed, signed and dated Complaint (including the Complaint Form and all attachments) shall be mailed or otherwise delivered to the Board at the following address: By Mail: By Hand -Delivery: Board of Directors, Westgate at Williamsburg Condominium Association, Inc. C/O Berkley Realty Property Management 150 Strawberry Plains Road, Suite A -1 Williamsburg, Virginia 23188 Board of Directors, Westgate at Williamsburg Condominium Association, Inc. C/O Berkley Realty Property Management 150 Strawberry Plains Road, Suite A -1 Williamsburg, Virginia 23188 D. Means of Providing Notices to Complainant. All written acknowledgments or other notices required by these procedures to be provided by the Association to the Complainant shall be hand - delivered or mailed by registered or certified mail, return receipt requested, to the Complainant at the address provided on the Complaint Form, or by facsimile transmission or email if the Complainant has previously provided the Association with the Complainant's written consent to communicate with him/her by electronic transmission. The Managing Agent shall retain in the Association's records proof of the mailing, delivery or electronic transmission of the acknowledgments and notices per Section H below.

electronic transmission. The Managing Agent shall retain in the Association's records proof of the mailing, delivery or electronic transmission of the acknowledgments and notices per Section H below.

E. Acknowledging Receipt of Complaint. Within seven (7) days of receipt of a Complainant's Complaint Form, the Managing Agent shall provide the Complainant with written acknowledgement of the Association's receipt of the Complaint. I. Incomplete Complaint. If it appears to the Managing Agent that the submitted Complaint is missing the required minimum information, then the acknowledgment of receipt shall include notice to the Complainant of the identified problem(s) with the Complaint and advise the Complainant that he/she will need to submit a revised/corrected Complaint before it can be accepted and forwarded to the Board for consideration.

2. Eprwarding to the Board. If it appears to the Managing Agent that the submitted Complaint includes the required minimum information, then on the same day that acknowledgment of receipt of the Complaint is provided to the Complainant, the Managing Agent shall provide the Board with a copy of the Complaint for consideration.

F. Formal Action - Consideration of Complaint by Board. All completed, signed and dated Complaints forwarded to the Board shall be considered by the Board at a meeting, and the Board shall decide what action, if any, to take in response to the Complaint.

1. Meeting at which Complaint will be Considered. Complaints will be considered by the Board at a regular or special Board meeting held within 90 days from the date on which the Complaint was forwarded to the Board for consideration.

l be Considered. Complaints will be considered by the Board at a regular or special Board meeting held within 90 days from the date on which the Complaint was forwarded to the Board for consideration.

2. Notice to the Complainant. At least fourteen (14) days prior to the Board meeting at which the Complaint will be considered, the Managing Agent shall provide the Complainant with notice of 2 C. Mailing or Delivering Complaint to Board of Directors. The fully completed, signed and dated Complaint (including the Complaint Form and all attachments) shall be mailed or otherwise delivered to the Board at the following address: By Mail: Board of Directors, Westgate at Williamsburg Condominium Association, Inc.

C/O Berkley Realty Properly Management 150 Strawberry Plains Road, Suite A-I Williamsburg, Virginia 23 188 By Hand-Delivery: Board of Directors, Westgate at Williamsburg Condominium Association, Inc.

C/O Berkley Realty Property Management 150 Strawberry Plains Road, Suite A-1 Williamsburg. Virginia 231 88 D. Means of Providing Notices to Complainant. All written acknowledgments or other notices required by these procedures to be provided by the Association to the Complainant shall be handdelivered or mailed by registered or certified mail, return receipt requested, to the Complainant at the address provided on the Complaint Form, or by facsimile transmission or email if the Complainant has previously provided the Association with the Complainant's written consent to communicate with himher by electronic transmission. The Managing Agent shall retain in the Association's records proof of the mailing, delivery or electronic transmission of the acknowledgments and notices per Section H below.

electronic transmission. The Managing Agent shall retain in the Association's records proof of the mailing, delivery or electronic transmission of the acknowledgments and notices per Section H below.

1. Inwmolete Com~laint If it appears to the Managing Agent that the submitted Complaint is missing the required minimum information, then the acknowledgment of receipt shall include notice to the Complainant of the identified problem(s) with the Complaint and advise the Complainant that hdshe will need to submit a revised/corrected Complaint before it can be accepted and forwarded to the Board for consideration.

2. Forwarding to the Board. If it appears to the Managing Agent that the submitted Complaint includes the required minimum information, then on the same day that acknowledgment of receipt of the Complaint is provided to the Complainant, the Managing Agent shall provide the Board with a copy of the Complaint for consideration F. Formal Action - Consideration of Complaint by Board. All completed, signed and dated Complaints fonvarded to the Board shall be considered by the Board at a meeting, and the Board shall decide what action, if any, to take in response to the Complaint.

1. Meeting at which Comblaint will be Considered. Complaints will be considered by the Board at a regular or special Board meeting held within 90 days from the date on which the Complaint was forwarded to the Board for consideration.

2. Notice to the Comolainant. At least fourteen (14) days prior to the Board meeting at which the

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held within 90 days from the date on which the Complaint was forwarded to the Board for consideration.

2. Notice to the Comolainant. At least fourteen (14) days prior to the Board meeting at which the Complaint will be considered, the Managing Agent shall provide the Complainant with notice of 2 the date, time, and location of the Board meeting at which the matter will be considered by the Board. This Notice may be combined with the acknowledgment of receipt referenced in Section D above.

3. Board's Decision on Complaint. The Board shall make a decision on the Complaint by an appropriate vote of the members of the Board at the meeting pursuant to the Association's governing documents. The Board's decision at the meeting shall fall into one of the following two categories: (a) A decision that there is irrsteicient information on which to make a final determination on the Complaint or that additional time is otherwise required to make a final determination, in which case the Board shall postpone making a final determination on the Complaint until a later scheduled Board meeting (announced at the meeting or by giving at least 14 days notice to the Complainant) and, if needed, make a written request for additional information from the applicable party(s), specifying a deadline by which time the additional information must be received by the Managing Agent for forwarding to the Board; or

n request for additional information from the applicable party(s), specifying a deadline by which time the additional information must be received by the Managing Agent for forwarding to the Board; or (b) A final determination on the Complaint, indicating whether the Complainant's requested action or resolution is, or is not, being granted, approved or implemented by the Board. A final determination may include, for example, a decision that no action will be taken on the Complaint due to the Complainant failing to timely provide additional information that was requested by the Association. No appeal process is available; the Board's rendered decision is final.

G. Notice of Final Determination. Within seven (7) days after the final determination is made (per subsection F.3.b. above), the Managing Agent shall provide the Complainant with written notice of the Board's final determination. The notice of final determination shall be dated as of the date of issuance and include: 1. Specific citations to applicable provisions of the Association's governing documents, laws or regulations that led to the final determination; 2. The Association's registration number as assigned by the CICB, and if applicable, the name and CICB -issued license number for the Managing Agent; and 3. Notice of the Complainant's right to file a "Notice of Final Adverse Decision" with the CICB via the CIC Ombudsman (providing the applicable contact information).

number for the Managing Agent; and 3. Notice of the Complainant's right to file a "Notice of Final Adverse Decision" with the CICB via the CIC Ombudsman (providing the applicable contact information).

H. Records. The Managing Agent shall retain, as part of the Association's records, a record of each Complaint (including the Complaint Form and attachments, related acknowledgments and notices, and any action taken by the Association or Board in response to such Complaint) for a period of at least one (1) year from the date of the Association's final action on the Complaint.

I. Resale Disclosure Packet. A copy of this Resolution (including the Exhibit A Complaint Form) shall be included as an attachment to Association- issued resale certificates.

3 the date, time, and location of the Board meeting at which the matter will be considered by the Board. This Notice may be combined with the acknowledgment of receipt referenced in Section D above.

3. Board's Decision on Comolaint. The Board shall make a decision on the Complaint by an appropriate vote of the members of the Board at the meeting pursuant to the Association's governing documents. The Board's decision at the meeting shall fall into one of the following two categories: (a) A decision that there is im@cienf informulion on which to make a final determination on the Complaint or thaf additio~l time is othenvire required to make a final determination, in which case the Board shall postpone making a fir& determination on the Complaint until a later scheduled Board meeting (announced at the meeting or by giving at least 14 days notice to the Complainant) and, if needed, make a written request for additional information from the applicable party@), specifying a deadline by which time the additional information must

st 14 days notice to the Complainant) and, if needed, make a written request for additional information from the applicable party@), specifying a deadline by which time the additional information must be received by the Managing Agent for forwarding to the Board; or (b) Awl determination on the Complaint, indicating whether the Complainant's requested action or resolution is, or is not, being granted, approved or implemented by the Board. A final determination may include, for example, a decision that no action will be taken on the Complaint due to the Complainant failing to timely provide additional information that was requested by the Association No appeal process is available; the Board's rendered decision is final.

G. Notice of Final Determination. Within seven (7) days after the final determination is made (per subsection F.3.b. above), the Managing Agent shall provide the Complainant with written notice of the Board's final determination. The notice of final determination shall be dated as of the date of issuance and include: 1. Specific citations to applicable provisions of the Association's governing documents, laws or regulations that led to the final determination; 2. The Association's registration number as assigned by the CICB, and if applicable, the name and CICB-issued license number for the Managing Agent; and 3. Notice of the Complainant's right to file a "Notice of Final Adverse Decision" with the CICB via the CIC Ombudsman (providing the applicable contact information).

H. Records. The Managing Agent shall retain, as part of the Association's records, a record of each Complaint (including the Complaint Form and attachments, related acknowledgments and notices,

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tion).

I. Resale Disclosure Packet. A copy of this Resolution (including the Exhibit A Complaint Form) shall be included as an attachment to Association-issued resale certificates.

EXHIBIT A (POLICY RESOLUTION NO. 2012 -#001: "ASSOCIATION COMPLAINT PROCEDURES") Westgate at Williamsburg Condominium Association, Inc. Mailing: Board of Directors, Westgate at Williamsburg Hand -Delivery: Board of Directors, Westgate at Williamsburg Condominium Association, Inc. Condominium Association, Inc. C/O Berkley Realty Property Management C/O Berkley Realty Property Management 150 Strawberry Plains Road, Suite A -1 150 Strawberry Plains Road, Suite A -1 Williamsburg, Virginia 23188 Williamsburg, Virginia 23188 Phone #: (757) 228 -6810 ASSOCIATION COMPLAINT FORM (for Complaints Against Association, Board or Managing Agent) Pursuant to Section 55- 530(E) of the Code of Virginia, 1950, as amended, the Board of Directors ("Board") of Westgate at Williamsburg Condominium Association, Inc. (the "Association ") has established this complaint form for use by persons who wish to register written complaints with the Association regarding the action, inaction or decision by the Association or its Board or managing agent inconsistent with applicable laws and regulations.

wish to register written complaints with the Association regarding the action, inaction or decision by the Association or its Board or managing agent inconsistent with applicable laws and regulations.

1. Legibly describe your complaint in the area provided below, as well as the requested action or resolution of the issues described in the complaint. Include references to the specific facts and circumstances at issue and the provisions of Virginia laws and regulations that support the complaint If there is insufficient space, attach a separate sheet of paper to this complaint form. Also, attach any supporting documents, correspondence and other materials related to the complaint (not including copies of laws, regulations or the Association's governing documents).

2. Sign, date & print your name and address below and submit this completed form to the Association at the above address.

Printed Name Signature Date Mailing Address Lot/Unit Address Contact Preference Phone E -mail Other E -mail Address Phone Number

and submit this completed form to the Association at the above address.

Printed Name Signature Date Mailing Address Lot/Unit Address Contact Preference Phone E -mail Other E -mail Address Phone Number If, after the Board's consideration and review of the complaint, the Board issues a final decision adverse to the complaint, you have the right to file a notice of final adverse decision with the Common Interest Community Board (CICB) in accordance with the regulations promulgated by the CICB. The notice shall be filed within 30 days of the date of the final adverse decision, shall be in writing on forms provided by the Office of the Common Interest Community Ombudsman (Ombudsman), shall include copies of any supporting documents, correspondence and other materials related to the decision, and shall be accompanied by a $25 filing fee. The Ombudsman may be contacted at: Office of the Common Interest Community Ombudsman Department of Professional and Occupational Regulation 9960 Mayland Drive, Suite 400 Richmond, VA 23233 804/367 -2941 [email protected] EXHIBIT A (POLICY RESOLUTION NO. 2012 - #001: "ASSOClATlON COMPLAINT PROCEDURES") Westgate at Williamsburg Condominium Association, Ine Mailing: Board of Directors, Westgate at Williamsburg Hand-Delivery: Board of Directors, Westgate at Williamsburg Condominium Association, Inc. Condominium Association, Inc.

UO Berkley Realty Property Management C/O Berkley Realty Property Management IS0 Strawberry Plains Road, Suite A-1 150 Strawberry Plains Road, Suite A-l Williamsburg, Virginia 231 88 Williamsburg, Virginia 23 188 Phone #: (757) 228-68 10 ASSOCIATION COMPLAINT FORM (for Complaints Against Association, Board or Managing Agent)

rry Plains Road, Suite A-l Williamsburg, Virginia 231 88 Williamsburg, Virginia 23 188 Phone #: (757) 228-68 10 ASSOCIATION COMPLAINT FORM (for Complaints Against Association, Board or Managing Agent) Pursuant to Section 55-53w) of the Code of Virgmia, 1950, as amended, the Board of 1)irectors ("Board") of Westgate at Williamsbure Condominium A~sociation. Inc. (the "Association"l has established this wmolaint form for use bv DeMns - . .

who wish to register written complaints with the Association regarding the action, inaction or decision by the Association or its Board or managing agent inconsistent with aoolicable laws and reeulations.

I. Legibly describe your complaint in the area provided below, as well as the requested action or resolution ofthe issues described in the complaint. Include references to the specific facts and circumstances at issue and the provisions of Virginia laws and regulations mat support the complaint If there is insufficient space, attach a separate sheet of paper to this wmplaint form. Also, attach any supporting documents, correspondence and other materials related to the complaint (not including copies of laws, regulations or the Association's governing documents).

2. Sign, date & print your name and address below and submit this completed form to the Association at the above address.

Printed Name Signature Date Mailing Address Lotnlnit Address Contact Preference Phone E-mail E-mail Address Phone Number Other If, after the Board's consideration and review of the complaint, the Board issues a final decision adverse to the complaint, you have the right to file a notice of final adverse decision with the Common Interest Community Board (CICB) in

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nd review of the complaint, the Board issues a final decision adverse to the complaint, you have the right to file a notice of final adverse decision with the Common Interest Community Board (CICB) in accordance with the regulations promulgated by the CICB. Ihe notice shall be filed within 30 days of the date of the final adverse decision, shall be in writing on forms provided by the Office of the Common Interest Community Ombudsman (Ombudsman), shall include copigof any supporting documents, correspondence and other materials reiated to the decision, and shall be accompanied by a $25 filing fee. The Ombudsman may be contacted at: Office of the Common Interest Community Ombudsman Department of Professional and Occupational Regulation 9960 Mayland Drive, Suite 400 Richmond, VA 23233 8041367-2941 [email protected] RESOLUTION ACTION RECORD Resolution Type: Policy No. 2012 - #001 Pertaining to: CICB- mandated Association Complaint Procedures Duly adopted by the Board of Directors of the Association on Al ?r , 20122.

1 Motion by: An- G,AnD ii4 Seconded by: Sq,t1D V /.A ,t/t Attest: Date: ltas-ru/ (Secretary) /1-14043in5 r/fEnr ,PliPo/L Resolution effective as of date of adoption.

RESOLUTION ACTION RECORD Resolution Type: Policy No. 2012 - #001 Pertaining to: CICB-mandated Association Comolaint Procedures Duly adopted by the Board of Directors of the Association on ALQ 8, ,2012.

Motion by: APT 6124~ Seconded by: hAhIJ Resolution effective as of date of adoption.

andated Association Comolaint Procedures Duly adopted by the Board of Directors of the Association on ALQ 8, ,2012.

Motion by: APT 6124~ Seconded by: hAhIJ Resolution effective as of date of adoption.

WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC. ADMINISTRATIVE RESOLUTION NO. 2012 - #002 Cost Schedule for Providing Copies of Books and Records WHEREAS, Westgate at Williamsburg Condominium Association, Inc. ( "the Association ") is a unit owners' association organized and operating pursuant to the Virginia Condominium Act ( "Act ") and the Declaration of Condominium of Westgate at Williamsburg, A Condominium, as amended ( "Declaration "); and, WHEREAS, Section 55- 79.74:1 of the Act provides that certain books and records of the Association must be made available for examination and copying by Members in good standing, and provides that, prior to providing copies of any books and records, the Association may require the Member to pay a charge to cover the costs of material and labor; and WHEREAS, Section 55- 79.74:1(D) of the Act, as amended and effective July 1, 2012, provides that charges for providing copies may be imposed only in accordance with a cost schedule adopted by the Board. NOW, THEREFORE, BE IT RESOLVED that the Board hereby adopts the following cost schedule policy pursuant to Section 55- 79.74:1(D) of the Act:

y in accordance with a cost schedule adopted by the Board. NOW, THEREFORE, BE IT RESOLVED that the Board hereby adopts the following cost schedule policy pursuant to Section 55- 79.74:1(D) of the Act: 1. When a Member in good standing requests copies of Association books and records pursuant to Section 55- 79.74:1 of the Act, the Association's Management Agent ( "Management Agent ") shall not provide the Member with any requested copies until or unless the Management Agent receives from the Member payment in full of the applicable charge as calculated by the Management Agent in accordance with the then current cost schedule specified in the attached Exhibit A, as may be revised from time to time as set forth below ( "Cost Schedule "). On an annual basis or as otherwise needed, the Management Agent is authorized and directed by the Board to prepare and implement an updated Cost Schedule to replace the existing Cost Schedule attached as Exhibit A to this Resolution, so that the material and labor costs specified in the Cost Schedule correspond to the applicable costs charged by the Management Agent pursuant to its contract with the Association. A Cost Schedule updated by the Management Agent pursuant to this provision is effective immediately upon being so updated.

2. The Cost Schedule applies equally to all Members in good standing. Members not in good standing are not entitled to inspect or copy books records. For purposes of this Resolution, a Member is not in "good standing" if that Member is delinquent in the payment of any regular or special assessment of the Association as a result of not having paid such assessment within ten (10) days of the applicable due date.

ing" if that Member is delinquent in the payment of any regular or special assessment of the Association as a result of not having paid such assessment within ten (10) days of the applicable due date.

3. The Management Agent will provide a copy of the Cost Schedule to a requesting Member at the time the request is made by the Member to inspect/copy Association books and records.

WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

ADMINISTRATIVE RESOLUTION NO. 2012 - #002 Cost Schedule for Providing Copies of Books and Records WHEREAS, Westgate at Williamsburg Condominium Association, Inc. ("the Association") is a unit owners' association organized and operating pursuant to the Virginia Condominium Act ("Act") and the Declaration of Condominium of Westgate at Williamsburg, A Condominium, as amended ("Declaration"); and, WHEREAS, Section 55-79.74:l of the Act provides that certain books and records of the Association must be made available for examination and copying by Members in good standing, and provides that, prior to providing copies of any books and records, the Association may require the Member to pay a charge to cover the costs of material and labor; and WHEREAS, Section 55-79.74:1@) of the Act, as amended and effective July I, 2012, provides that charges for providing copies may be imposed only in accordance with a cost schedule adopted by the Board.

NOW, THEREFORE, BE IT RESOLVED that the Board hereby adopts the following cost schedule policy pursuant to Section 55-79.74:1@) of the Act: 1. When a Member in good standing requests copies of Association books and records pursuant to Section 55-79.74:l of the Act, the Association's Management Agent ("Management Agent") shall not provide the Member with any requested copies until

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copies of Association books and records pursuant to Section 55-79.74:l of the Act, the Association's Management Agent ("Management Agent") shall not provide the Member with any requested copies until or unless the Management Agent receives from the Member payment in full of the applicable charge as calculated by the Management Agent in accordance with the then current cost schedule specified in the attached Exhibit A, as may be revised from time to time as set forth below ("Cost Schedule").

On an annual basis or as otherwise needed, the Management Agent is authorized and directed by the Board to prepare and implement an updated Cost Schedule to replace the existing Cost Schedule attached as Exhibit A to this Resolution, so that the material and labor costs specified in the Cost Schedule correspond to the applicable costs charged by the Management Agent pursuant to its contract with the Association.

A Cost Schedule updated by the Management Agent pursuant to this provision is effective immediately upon being so updated.

2. The Cost Schedule applies equally to all Members in good standing. Members not in good standing are not entitled to inspect or copy books records. For purpses of this Resolution, a Member is not in "good standing" if that Member is delinquent in the payment of any regular or special assessment of the Association as a result of not having paid such assessment within ten (10) days of the applicable due date.

3. The Management Agent will provide a copy of the Cost Schedule to a requesting Member at the time the request is made by the Member to inspectlcopy Association books and records.

WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC. EXHIBIT A TO ADMINISTRATIVE RESOLUTION NO. 2012 - #002

Pages 115–116

the time the request is made by the Member to inspectlcopy Association books and records.

WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC. EXHIBIT A TO ADMINISTRATIVE RESOLUTION NO. 2012 - #002 COST SCHEDULE - 2012 FOR PROVIDING COPIES OF BOOKS AND RECORDS 1. Labor Charges: (in minimum 'h hour increments) $50.00 per hour for labor by CICB Licensed Property Manager, otherwise $35.00 per hour for labor 2. Materials Charges: $0.12 per page copied in black and white $1.00 per page copied in color plus actual postage (if mailing requested by Member) WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

EXHIBIT A TO ADMINISTRATIVE RESOLUTION NO. 2012 - NO2 COST SCHEDULE - 2012 FOR PROVIDING COPIES OF BOOKS AND RECORDS 1. Labor Charges: 2. Materials Charges: (in minimum %hour increments) $50.00 per hour for labor by CICB Licensed Property Manager, otherwise $35.00 per hour for labor $0.12 per page copied in black and white $1.00 per page copied in color plus actual postage (if mailing requested by Member) WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC. RESOLUTION ACTION RECORD Resolution Type: Administrative No. 2012 - #002 Pertaining to: Cost Schedule for Providing Copies of Books and Records Duly adopted at a meeting of the Board of Directors of Westgate at Williamsburg Condominium Association, Inc. held 8 , 2012. Motion by: JAbi ,7U11,ß Seconded by: Ar C/4412/4 . VOTE: YES NO ABSTAIN ABSENT , Director IX Director Director kl C,pf Director ATTEST: Secretary9ft t,¡ p 4nr Book of Minutes - 2012 Book Resolutions: 2012 Resolution effective: Pfitto/2 , Director 2012 tfiVie,z Date WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

RESOLUTION ACTION RECORD Resolution Type: Administrative No. 2012 - #002

Pages 116–132

tions: 2012 Resolution effective: Pfitto/2 , Director 2012 tfiVie,z Date WESTGATE AT WILLIAMSBURG CONDOMINIUM ASSOCIATION, INC.

RESOLUTION ACTION RECORD Resolution Type: Administrative No. 2012 - #002 Pertaining to: Cost Schedule for Providing Cooies of Books and Rewrds Duly adopted at a meeting of the ard of Directors of Westgate at Williamsburg Condominium Association, Inc. held ,2012.

blotion by: &DJ &&All Seconded by: 4 ~l&W,r/! .

VOTE: YES NO ABSTAM ABSENT ,Director - Book of Minutes - 2012 Book Resolutions: 2012 Resolution effective: f/7/P0/ ,2012 Insurance Dec Page Westgate at Williamsburg A Condominium Association Inc Reserve Report Westgate at Williamsburg A Condominium Association Inc WESTGATE CONDOMINIUMS dma-va.com 804-644-6404 2119 East Franklin Street Suite 102 Richmond, Va. 23223 WORKING SESSION ISSUE DATE: FINAL PUBLICATION DATE: June 18, 2013 July 1, 2013 January 8, 2015 February 2, 2015 May 8, 2013 REVISION DATES: INTERACTIVE RESERVE ANALYSIS COVER SHEET 1 TABLE OF CONTENTS 2 EXECUTIVE SUMMARY 3 HISTORIC FUNDING SUMMARY 6 FINANCIAL ANALYSIS CASH FLOW 7 SCHEDULE OF COMPONENTS 9 HISTORIC ANALYSIS 13 EXPENDITURE RECURRENCE TABLE 15 EXPENDITURE SUMMARY 25 CASH FLOW METHOD 40 ASSESSMENT ALLOCATION 46 WESTGATE CONDOMINIUMS COMMON ELEMENTS Copyright © 2013 Design Management Associates, Inc.

WESTGATE CONDOMINIUMS COMMON ELEMENTS EXECUTIVE SUMMARY STUDY LEVEL This is a Level 1 Study with Site Visit as defined by the Community Associations Institute in its Nati onal Reserve Study Standards. A summary of the standards is contained in our inform ation article entitled “National Standards” which i s being transmitted as a separate

iations Institute in its Nati onal Reserve Study Standards. A summary of the standards is contained in our inform ation article entitled “National Standards” which i s being transmitted as a separate document. The data and analysis information that forms a part of this re port was formatted in Microsoft Excel but contains propriet ary programming and program coding that is not available for distribution to outside parties. Copies of the data and analysis informatio n have been made available in Adobe's Portable Document Format and included as part of this report. Limited program versions have also be en provided in Excel format for easier viewing and navigating thro ugh the data.

CASH FLOW ANALYSIS AND RECOMMENDED FUNDING PLAN The preferred method of analysis is called the cash flow meth od in which a level or escalating funding plan is developed to fund the budgeted expenditures over an extended period of time. A com plete explanation of the information and recommended fundi ng plan provided in this study is available in our information artic le entitled “How Your Reserve Study Works” which is being tra nsmitted as a separate document.

HISTORIC FUNDING ANALYSIS In accordance with the “standards” an alternate fin ancial analyses have been provided in this report: The Historic Funding Analysis or Component Method Analysis. Additional information about the Historic Funding Analysis methodology is provided in our information article entitled “Historic Funding Analysis” which is being transmitted as a separate document.

PHYSICAL INFORMATION ABOUT COMPONENTS Identification of capital reserve components along with cr itical information about each is provided in the “Schedule o f Components”

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tted as a separate document.

PHYSICAL INFORMATION ABOUT COMPONENTS Identification of capital reserve components along with cr itical information about each is provided in the “Schedule o f Components” contained herein. A complete explanation of the informatio n provided in the Schedule of Components is available in our i nformation article entitled “An Explanation of the Physical Property A nalysis” which is being transmitted as a separate d ocument.

3 DMA’S WORKING SESSION The "Working Session" to the successful completion of the Re serve Study. The “Working Session” can be conducted online via an internet link or in person. A complete explanation of the “Working Ses sion” is available in our information article entitled “DMA ’s Working Session” which is being transmitted as a separate document.

ON-GOING MAINTENANCE The final report issued after the “Working Session” completes the services of our contract. However, the inform ation in a typical reserve study becomes obsolete in a relatively short time after the s tudy is issued. However, our interactive program is an activ e programming model that can be easily modified and updated via an online or in person “Working Session” at any time in the future. Due to the fact that our “interactive program” is so flexible and responsive, DM A can provide this service for a relatively low cost based on o ur hourly rates in place at the time. Additional information about on-going ma intenance is provided in our information article entitled “ On-Going Maintenance Services for DMA Capital Reserve Studies” which is being transmitted as a separate document.

QUALIFYING INFORMATION THAT AFFECTS THE STUDY RESUL TS

information article entitled “ On-Going Maintenance Services for DMA Capital Reserve Studies” which is being transmitted as a separate document.

QUALIFYING INFORMATION THAT AFFECTS THE STUDY RESUL TS Unusual, abnormal or extraordinary conditions are r eported for each component in the “Condition Assess ment” portion of this report.

Comments have been made in regards to all component s per the request of the Association. These assess ments are based on a passive inspection of the components and does not take into account issues that may occur that are not visible to the eye.

The previous study had included the replacement cos t for unit doors and windows which have been remove d in this Updated Reserve Study. The previous study included a funding schedule for 50 years. The current study looks at 30 years as t his is a more realistic time period to make assumptions in regards to costs and replacemen t of components. The new study is also more flexib le for future updates at any time in the future which will allow for a better funding plan for the community.

Based on information gathered from Management the c ommunity has had several unexpected projects arise that have affected the original funding plan from the initial Working Session done in 2013. With the costs for these projects added t o the Study and Financial information updated, the community will need to increase the co ntribution to the Reserve Account from 2016 - 2021 by 7.3% annually followed by a 2.5% increase for the remainder of the study period .

LEGAL RESTRICTIONS ON USE OF THIS INFORMATION Ownership of Documents, Including Drawings, Specifications, Reports, Calculations, Design Notes, Field Notes Electronic Files, Data,

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of the study period .

LEGAL RESTRICTIONS ON USE OF THIS INFORMATION Ownership of Documents, Including Drawings, Specifications, Reports, Calculations, Design Notes, Field Notes Electronic Files, Data, Media, Software Programs and Other Related Materials: These documents are considered the intellectual property o f DMA and shall remain the exclusive property of DMA and, where appropriate , shall be protected and copyrighted under the laws of the Uni ted States with all rights reserved. The Client and the Property Manager ( Client’s authorized representative or agent ) are the only entities entitled to use these documents and only in connection with this pr oject.

Use of Electronic Files, Media, Software and Progra ms: DMA may transmit these documents as electronic file s. DMA shall not be responsible for any viruses that may be transmitted with the electronic files, media, software or prog rams furnished to the Client. DMA shall not be responsible for any data erosion, eras ure, alteration or failure of electronic files, med ia, software or programs that may occur at the time of transmission or over time. DMA makes n o warranty as to the compatibility of the electroni c files, media, software or programs with any operating system or programs. Acceptance and Agreement: By accepting these documents I hereby acknowledge t hat I have read and understood the terms and conditions of “Ownership”, “Use” and “The Working S ession” set forth above and that as a duly authorized repr esentative or agent of the Client, represent that the Client agrees to accept and abide by the same.

4 STUDY LIMITATIONS AND CONDITIONS 1. The observations and opinions expressed here are based on ou r general professional knowledge of construction and our kn owledge of

ept and abide by the same.

4 STUDY LIMITATIONS AND CONDITIONS 1. The observations and opinions expressed here are based on ou r general professional knowledge of construction and our kn owledge of the typical replacement experience of many communities and other entities with the same component types. Our projectio ns are not architectural or engineering recommendations for specifi c projects. The association should seek professional or ind ustry assistance for each specific replacement project.

2. The condition of the reserve components is based on a visual i nspection of each, conducted specifically for this study. A ll common areas on the property were observed. No destructive testing , lab analysis or other investigative methods are used to det ermine the remaining useful life of components.

3. Financial information including the present fund balance, interest from funds on deposit, and recent capital expendit ures, were provided by the Association and are deemed reliable and comp lete by Design/Management Associates, Inc.

4. Information provided by the Association about prior reserv e replacement projects is considered to be reliable and comp lete. No inspection by Design/Management Associates, Inc. sh ould be interpreted as a project audit or quality i nspection.

5. Industry Life Expectancy is based on printed product litera ture, product or material warranties, industry standards l iterature, and on the opinions of manufacturers, installers, or maintenan ce contractors based on their experience with these products and materials.

6. Unit prices are based on published unit price standards such as R. S. Means "Residential Cost Data", Facilities Maintena nce and Repair

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d on their experience with these products and materials.

6. Unit prices are based on published unit price standards such as R. S. Means "Residential Cost Data", Facilities Maintena nce and Repair Cost Data, and "Facilities Construction Cost Data", latest editions, and on pricing obtained from contractors, instal lers, or manufacturers. All prices are given in present dollars unless noted ot herwise.

7. This analysis incorporates an assumption about the future r ate of inflation, and the future interest income on your acco unt deposits. If significant changes occur in either of these rates, this calculation should be re-run with current inf ormation.

8. The results of this analysis are predicated on your contribu ting the recommended amount in each previous year and on expe nses occurring generally as predicted. The account should be upd ated at least every 5 years to correct for normal variations. However if significant changes occur in your present funding o r in major expenses, in a shorter period of time, t he account should be re-run.

9. DMA’s Capital Replacement Reserve Studies are designed to b e used as planning tools. They are a reflection of informatio n provided by the Association and of our observations of the Associatio n properties, and are assembled for the Association’s use. T his reserve study shall not be used for the purpose of performing an audit, qual ity/forensic analysis, or for background checks of histori cal records. Prices listed are not guaranteed as exact quotes for work included.

DISCLOSURE DMA does not have any financial interest in this community, i ts management company or any vendor mentioned or used in this study beyond this work.

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MA does not have any financial interest in this community, i ts management company or any vendor mentioned or used in this study beyond this work.

HISTORIC FUNDING ANALYSIS SUMMARY (COMPONENT METHOD ) WESTGATE CONDOMINIUMS COMMON ELEMENTS $112,733.95 $748,332.77 $367,351.52 49.09% $78,351.30 The primary "drawbacks" to the Historic Funding ana lysis are: Required Contribution In Study Year: The only real benefit to the Historic Funding (a.k. a. Component Method or Full Funding Method) analysi s is that it is easy to understand and compute. 1. This method does not take into account the rate of inflation.

3. The annual funding levels can go up or down in any successive year. 2. It must be conducted every year. 4. It almost always results in an initial higher c ontribution rate then the "Cash Flow Method".

5. It almost always results in "over funding" in f uture years.

6. It does not take advantage of the benefit of th e "pool" of funds available under the "Cash Flow Me thod". The historic funding analysis provides a picture of the results of the historic funding contributions made by the Association over the years since the first componen t was placed in service. The Analysis shows the ad equacy of the Reserve Account to fully fund the components at thi s point in time.

Total Annual Component Cost (Fully Funded First Yea r Contribution): Expected Reserve Account Balance In Study Year: Current Reserve Fund Account Balance: Adequacy of Reserve Account (% of Full Funding): EXCELLENT VERY GOOD GOOD FAIR POOR 6 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Copyright © 2013 Design Management Associates, Inc.

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WESTGATE CONDOMINIUMS COMMON ELEMENTS FINANCIAL ANALYSIS CASH FLOW SUMMARY EXPENDITURE $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EXPENDITURES ACCOUNT BALANCE THRESHOLD ALL EXPENDITURES ARE EXPRESSED AS FUTURE 7 Copyright © 2013 Design Management Associates, Inc.

WESTGATE CONDOMINIUMS COMMON ELEMENTS FINANCIAL ANALYSIS CASH FLOW SUMMARY ANALYSIS INPUTS 5 YEAR SUMMARY The following values have been used in the funding analysis: The following is the budgeted contribution amounts for the next five (5) years: Basic Input: Contribution Escalation Rate: Annual escalation to the contributions per year, if any: 7.3% 73 beginning January 1st Total Recommended Annual Contribution in Year: 2013 2014 2015 2016 2017 Threshold Balance to be Maintained in Account: OR Common elements first put into service: Study year: Inflation rate historical period; select year :2000 2013 15 $0 $0 1/1/2013 %, equals $74,250 This amount is escalated each successive year by th e rate of inflation. Annual income rate on reserve account balance: $367,352 Total expenditures for the next 20 years, times: $74,250 $81,000 $84,000 $90,132 $96,712 $81,000 3.67% Anticipated annual construction inflation rate: 2.00% $74,250 $367,352 $105,269 3.67% 200 $0 Budgeted contribution for study year: Balance on account: Remaining contributions: Remaining expenditures: Estimated balance: A selected minimum balance of: 5 8 Expenditure Summary'!A1 2000 2013

00 $0 Budgeted contribution for study year: Balance on account: Remaining contributions: Remaining expenditures: Estimated balance: A selected minimum balance of: 5 8 Expenditure Summary'!A1 2000 2013 CATEGORY LINE NUMBER ITEM COMPONENT PLACED IN SERVICE ESTIMATED USEFUL LIFE (EUL) OR BEGINNING OF REPLACEMENT CYCLE REPLACEMENT INTERVAL, (YEARS) NEXT REPLACEMENT YEAR REMAINING USEFUL LIFE OR (YEARS PAST DUE) PERCENT OF COMPONENT TO BE REPLACED (%) TOTAL QUANTITY UNIT UNIT COST REPLACEMENT COST, PER OCCURRENCE ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 2000 25 25 2025 12 100% 10,662 SY $7.95 $84,763 1.01 Asphalt street milling 2000 25 25 2025 12 100% 10,662 SY $4.92 $52,457 1.02 Asphalt seal coating 2008 5 5 2013 0 100% 10,662 SY $1.31 $13,967 1.03 Parking lot striping 2008 5 5 2013 0 100% 228 SPACE $25.00 $5,700 1.04 Asphalt patching 2008 5 5 2013 0 5% 10,662 SY $20.58 $10,971 1.05 Asphalt speed bumps 2000 20 5 2020 7 17% 144 LF $28.50 $684 1.06 Concrete curb and gutter 2000 25 5 2025 12 5% 5,884 LF $25.80 $7,590 CONCRETE FLATWORK 2.00 Concrete front walks 2000 20 5 2020 7 5% 9,687 SF $11.00 $5,328 2.01 Concrete sidewalks 2000 20 5 2020 7 5% 13,635 SF $11.00 $7,499 2.02 Brick stairs teardown and reset 2000 14 5 2014 1 17% 42 RISER $232.57 $1,612 2.03 Concrete pool deck 2000 20 15 2020 7 33% 1,975 SF $11.00 $7,169 2.04 Concrete mailbox pad 2000 20 20 2020 7 100% 188 SF $11.00 $2,063 2.05 Concrete access drive 2000 20 20 2020 7 100% 866 SF $11.00 $9,526 DRAINAGE 3.00 Curb inlets 2011 10 5 2021 8 17% 6 EA $1,945.00 $1,984 3.01 Drop inlets 2011 30 5 2041 28 20% 5 EA $2,100.00 $2,100 3.02 Storm sewers 2000 30 5 2030 17 5% 9,000 IN-FT $1.68 $756

0 $9,526 DRAINAGE 3.00 Curb inlets 2011 10 5 2021 8 17% 6 EA $1,945.00 $1,984 3.01 Drop inlets 2011 30 5 2041 28 20% 5 EA $2,100.00 $2,100 3.02 Storm sewers 2000 30 5 2030 17 5% 9,000 IN-FT $1.68 $756 SITE LIGHTING 4.00 Neighborhood street light, decorative posts and fixtures 2000 35 35 2035 22 100% 20 EA $1,875.00 $37,500 4.01 Neighborhood street light, wiring and repairs 2000 20 20 2020 7 25% 2,400 LF $17.04 $10,224 4.02 Halogen ground mounted flag lighting 2000 25 25 2025 12 100% 2 EA $135.00 $270 4.03 Column mounted sign lanterns 2000 25 25 2025 12 100% 2 EA $750.00 $1,500 SIGNAGE 5.00 Entrance sign walls 2000 35 35 2035 22 100% 124 SF $4.28 $529 5.01 Entrance signs 2000 35 35 2035 22 100% 31 SF $178.42 $5,531 5.02 Neighborhood street signs, decorative posts and sig nage 2000 35 35 2035 22 100% 1 EA $1,350.00 $1,350 5.03 Misc. signs 2000 35 35 2035 22 100% 17 EA $250.00 $4,250 5.04 Flag poles 2000 40 40 2040 27 100% 1 EA $2,150.00 $2,150 FENCING AND RAILINGS 6.00 Exterior wood handrails 2000 25 25 2025 12 100% 95 LF $23.25 $2,209 6.01 Wood vertical board perimeter privacy fence - 6 ' 2000 25 5 2025 12 20% 1,622 LF $27.50 $8,921 6.02 Wood vertical board perimeter privacy fence - 8 ' 2000 25 5 2025 12 20% 540 LF $31.50 $3,402 6.03 Wood fence - 4': trash enclosures 2000 17 5 2017 4 20% 420 LF $23.50 $1,976 6.04 Wood picket fence: courtyards 2000 25 5 2025 12 33% 2,808 LF $21.00 $19,459 6.05 Park area fence 2000 35 35 2035 22 100% 190 LF $24.50 $4,655 6.06 Pool area fence 2000 35 35 2035 22 100% 240 LF $24.50 $5,880 6.07 Electronic gate locking mechanism: Pool area 2010 35 35 2045 32 100% 1 LS $6,365.00 $6,365 6.08 Brick fence columns 2000 35 35 2035 22 100% 320 SF $4.28 $1,370

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6.07 Electronic gate locking mechanism: Pool area 2010 35 35 2045 32 100% 1 LS $6,365.00 $6,365 6.08 Brick fence columns 2000 35 35 2035 22 100% 320 SF $4.28 $1,370 FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial 2013 3 3 2016 3 100% 2,808 LF $11.54 $32,399 SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS 9 Expenditure Summary'!A1 2000 2013 CATEGORY LINE NUMBER ITEM COMPONENT PLACED IN SERVICE ESTIMATED USEFUL LIFE (EUL) OR BEGINNING OF REPLACEMENT CYCLE REPLACEMENT INTERVAL, (YEARS) NEXT REPLACEMENT YEAR REMAINING USEFUL LIFE OR (YEARS PAST DUE) PERCENT OF COMPONENT TO BE REPLACED (%) TOTAL QUANTITY UNIT UNIT COST REPLACEMENT COST, PER OCCURRENCE SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING & IRRIGATION 8.00 Irrigation sprinkler heads and piping 2000 3 3 2003 (10) 5% 12 ZONE $500.00 $300 8.01 Irrigation controllers 2000 7 7 2007 (6) 100% 1 EA $1,033.50 $1,034 8.02 Irrigation backflow preventors 2000 20 20 2020 7 100% 1 EA $600.00 $600 SITE FURNISHINGS 9.00 Gazebo full replacement 2000 25 25 2025 12 100% 1 LS $8,350.00 $8,350 9.01 Wooden arbor full replacement 2000 25 25 2025 12 100% 260 SF $39.00 $10,140 9.02 Playground spring horse 2000 20 20 2020 7 100% 1 EA $750.00 $750 9.03 Mailboxes 2013 20 20 2033 20 100% 6 EA $2,175.00 $13,050 SHARED BMP 10.00 Dredging 2000 25 25 2025 12 100% 350 CY $100.00 $35,000 BACK YARD PIPING 11.00 Underground piping repairs and replacement 2010 10 10 2020 7 25% 1200 LF $66.67 $20,000 POOL STRUCTURE 12.00 Rebuild pool, per sq ft. of surface area 2000 40 40 2040 27 100% 860 SF $45.50 $39,130 12.01 Replace main pool coping 2000 40 40 2040 27 100% 120 LF $46.00 $5,520 12.02 Coping 2000 40 40 2040 27 100% 120 LF $16.25 $1,950

ft. of surface area 2000 40 40 2040 27 100% 860 SF $45.50 $39,130 12.01 Replace main pool coping 2000 40 40 2040 27 100% 120 LF $46.00 $5,520 12.02 Coping 2000 40 40 2040 27 100% 120 LF $16.25 $1,950 12.03 Scum line tile 2012 10 10 2022 9 100% 120 LF $16.05 $1,926 12.04 Resurfacing, per sq. ft. of surface area 2012 10 10 2022 9 100% 860 SF $6.50 $5,590 12.05 Skimmer system, sf surface area of pool 2000 40 40 2040 27 100% 860 SF $2.25 $1,935 POOL ACCESSORIES 13.00 Pool accessories full replacement 2010 15 40 2025 12 100% 1 LS $5,141.60 $5,142 POOL HOUSE EXTERIOR 14.00 Solid single doors, metal clad: entrance 2000 30 30 2030 17 100% 2 EA $550.00 $1,100 POOL HOUSE EQUIPMENT 15.00 Filters, chlorinator and piping 2000 20 20 2020 7 100% 860 SF $5.50 $4,730 15.01 Pumps 2000 7 7 2007 (6) 100% 1 EA $700.00 $700 15.02 Electrical service 2000 35 35 2035 22 100% 1 EA $2,025.00 $2,025 POOL FURNISHINGS 16.00 Pool furnishings 2008 15 15 2023 10 100% 1 LS $9,950.00 $9,950 REST ROOM AND SHOWER 17.00 Restroom and shower full remodel 2000 35 35 2035 22 100% 1 LS $4,701.00 $4,701 ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 2000 20 20 2020 7 100% 1,533 SQ $326.79 $500,969 18.01 Rain gutters and downspouts 2000 40 40 2040 27 100% 2,484 LF $7.10 $17,636 18.02 Chimney caps 2012 40 40 2052 39 100% 108 EA $194.44 $21,000 18.03 Chimney repairs 2012 3 37 2015 2 100% 1 LS $117,000.00 $117,000 SIDING AND SOFFITS 19.00 Vinyl siding 2000 50 50 2050 37 100% 15,588 SF $5.70 $88,852 19.01 Siding repairs 2000 16 75 2016 3 100% 1 LS $127,000.00 $127,000 19.02 Soffits, vinyl: Phase 1 2000 50 50 2050 37 100% 3,643 LF $7.98 $29,071 $1,439,258 NOTES: Total cost per occurrence:

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$88,852 19.01 Siding repairs 2000 16 75 2016 3 100% 1 LS $127,000.00 $127,000 19.02 Soffits, vinyl: Phase 1 2000 50 50 2050 37 100% 3,643 LF $7.98 $29,071 $1,439,258 NOTES: Total cost per occurrence: The reserve savings for these highlighted component s should be maintained in a separate bank account u nder IRS Rulings. It is incumbent upon the Association/Client to consult with their t ax accountant regarding the establishment of accoun ts and the comingling of funds in those accounts relative to exempt components and non-exem pt components included in this study.

10 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating 1.03 Parking lot striping 1.04 Asphalt patching 1.05 Asphalt speed bumps 1.06 Concrete curb and gutter CONCRETE FLATWORK 2.00 Concrete front walks 2.01 Concrete sidewalks 2.02 Brick stairs teardown and reset 2.03 Concrete pool deck 2.04 Concrete mailbox pad 2.05 Concrete access drive DRAINAGE 3.00 Curb inlets 3.01 Drop inlets 3.02 Storm sewers SITE LIGHTING 4.00 Neighborhood street light, decorative posts and fixtures 4.01 Neighborhood street light, wiring and repairs 4.02 Halogen ground mounted flag lighting 4.03 Column mounted sign lanterns SIGNAGE 5.00 Entrance sign walls 5.01 Entrance signs 5.02 Neighborhood street signs, decorative posts and sig nage 5.03 Misc. signs 5.04 Flag poles FENCING AND RAILINGS 6.00 Exterior wood handrails 6.01 Wood vertical board perimeter privacy fence - 6 ' 6.02 Wood vertical board perimeter privacy fence - 8 ' 6.03 Wood fence - 4': trash enclosures 6.04 Wood picket fence: courtyards 6.05 Park area fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area

oard perimeter privacy fence - 8 ' 6.03 Wood fence - 4': trash enclosures 6.04 Wood picket fence: courtyards 6.05 Park area fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area 6.08 Brick fence columns FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS CONDITION ASSESSMENT DESCRIPTION OF SPECIAL CONDITIONS Total of expenditures for section 1 is $176,133 per occurrence Fair condition. Some areas of cracking and settling especially arou nd curb inlets. Some repairs done in 2008 Total of expenditures for section 2 is $33,538 per occurrence Good to Fair condition.

Areas of settlement around curb inlets. Some of these are pulling away from the building fo undations. Poor to fair condition.

Linear cracking on South Side of pool. Pitting and chipping. Fair to poor condition. Good condition.

Total of expenditures for section 3 is $4,840 per o ccurrence Total of expenditures for section 4 is $49,494 per occurrence Good condition.

Condition unknown Good condition. Appear in good condition.

Total of expenditures for section 5 is $13,810 per occurrence This cost is for repointing and repairs sign walls. This cost is for replacement with High Density Uret hane (HDU) signs Good condition. Fair condition. Some rust on metal posts Good condition. Recently restrung.

Total of expenditures for section 6 is $54,236 per occurrence Good condition. Some have been repainted recently.

Fair condition. Fair condition. Currently being repaired and repai nted in phases. See section 7.00 - 7.03 In working order. This cost is for repointing and repairs of the colu mns

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painted recently.

Fair condition. Fair condition. Currently being repaired and repai nted in phases. See section 7.00 - 7.03 In working order. This cost is for repointing and repairs of the colu mns Total of expenditures for section 7 is $32,399 per occurrence These costs are for repainting and repairs of the courtyard fences. Fair to Poor condition. Some areas are damaged and need replacing. If the community would prefer to replace sections as needed we can adjust the percentage and years to represent a rolling cost for replacement. .

Good conditon. Some areas of alligator cracking and settlement. F air condition Some repairs have been done recently other areas ar e in need of service soon.

11 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING & IRRIGATION 8.00 Irrigation sprinkler heads and piping 8.01 Irrigation controllers 8.02 Irrigation backflow preventors SITE FURNISHINGS 9.00 Gazebo full replacement 9.01 Wooden arbor full replacement 9.02 Playground spring horse 9.03 Mailboxes SHARED BMP 10.00 Dredging BACK YARD PIPING 11.00 Underground piping repairs and replacement POOL STRUCTURE 12.00 Rebuild pool, per sq ft. of surface area 12.01 Replace main pool coping 12.02 Coping 12.03 Scum line tile 12.04 Resurfacing, per sq. ft. of surface area 12.05 Skimmer system, sf surface area of pool POOL ACCESSORIES 13.00 Pool accessories full replacement POOL HOUSE EXTERIOR 14.00 Solid single doors, metal clad: entrance POOL HOUSE EQUIPMENT 15.00 Filters, chlorinator and piping 15.01 Pumps 15.02 Electrical service POOL FURNISHINGS 16.00 Pool furnishings REST ROOM AND SHOWER 17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1

rical service POOL FURNISHINGS 16.00 Pool furnishings REST ROOM AND SHOWER 17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 18.01 Rain gutters and downspouts 18.02 Chimney caps 18.03 Chimney repairs SIDING AND SOFFITS 19.00 Vinyl siding 19.01 Siding repairs 19.02 Soffits, vinyl: Phase 1 CONDITION ASSESSMENT DESCRIPTION OF SPECIAL CONDITIONS Total of expenditures for section 8 is $1,934 per o ccurrence Total of expenditures for section 9 is $32,290 per occurrence Recently stained.

Good condition. Fair condition. New this year.

Total of expenditures for section 10 is $35,000 per occurrence This quantity is for dredging 1' deep for half of the pond.

Total of expenditures for section 11 is $20,000 per occurrence Based on cost given by community.

Total of expenditures for section 12 is $56,051 per occurrence Total of expenditures for section 13 is $5,142 per occurrence Good condition.

Total of expenditures for section 14 is $1,100 per occurrence Total of expenditures for section 15 is $7,455 per occurrence Total of expenditures for section 16 is $9,950 per occurrence Pool furniture was in storage during site visit.

Condition unknown Total of expenditures for section 17 is $4,701 per occurrence No noticed defects or issues duing site visit.

Total of expenditures for section 18 is $656,605 pe r occurrence This cost is based on an estimate given to the board for full tearoff and replacement includin g sheathing.

Good condition Appear in good condition. Done between 2014 and 2015. Includes repairs to un it interiors Total of expenditures for section 19 is $224,923 pe r occurrence

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acement includin g sheathing.

Good condition Appear in good condition. Done between 2014 and 2015. Includes repairs to un it interiors Total of expenditures for section 19 is $224,923 pe r occurrence Done in 2016. Includes window seal repairs. Overall Good condition. Condition unknown. Assummed in working order. Assumed good condition. No information on last rep airs or replacement of Pool Pump. Good condition according to Management.

12 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating 1.03 Parking lot striping 1.04 Asphalt patching 1.05 Asphalt speed bumps 1.06 Concrete curb and gutter CONCRETE FLATWORK 2.00 Concrete front walks 2.01 Concrete sidewalks 2.02 Brick stairs teardown and reset 2.03 Concrete pool deck 2.04 Concrete mailbox pad 2.05 Concrete access drive DRAINAGE 3.00 Curb inlets 3.01 Drop inlets 3.02 Storm sewers SITE LIGHTING 4.00 Neighborhood street light, decorative posts and fixtures 4.01 Neighborhood street light, wiring and repairs 4.02 Halogen ground mounted flag lighting 4.03 Column mounted sign lanterns SIGNAGE 5.00 Entrance sign walls 5.01 Entrance signs 5.02 Neighborhood street signs, decorative posts and sig nage 5.03 Misc. signs 5.04 Flag poles FENCING AND RAILINGS 6.00 Exterior wood handrails 6.01 Wood vertical board perimeter privacy fence - 6 ' 6.02 Wood vertical board perimeter privacy fence - 8 ' 6.03 Wood fence - 4': trash enclosures 6.04 Wood picket fence: courtyards 6.05 Park area fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area 6.08 Brick fence columns FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial SCHEDULE OF COMPONENTS

fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area 6.08 Brick fence columns FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS ANNUAL COMPONENT DEPRECIATION COST EXPECTED COMPONENT FUND BALANCE EXISTING COMPONENT FUND BALANCE FUNDING DEFICIENCY REQUIRED CONTRIBUTION $3,390.52 $44,076.71 $21,636.96 $22,439.75 $1,869.98 $2,098.28 $27,277.66 $13,390.42 $13,887.24 $1,157.27 $2,793.44 $13,967.22 $6,856.41 $7,110.81 $7,110.81 $1,140.00 $5,700.00 $2,798.09 $2,901.91 $2,901.91 $2,194.24 $10,971.20 $5,385.69 $5,585.51 $5,585.51 $34.20 $444.61 $218.26 $226.35 $32.34 $303.61 $3,946.99 $1,937.55 $2,009.44 $167.45 $266.39 $3,463.10 $1,700.01 $1,763.09 $251.87 $374.96 $4,874.51 $2,392.87 $2,481.65 $354.52 $115.12 $1,496.59 $734.66 $761.92 $761.92 $358.46 $4,660.01 $2,287.57 $2,372.44 $338.92 $103.13 $1,340.63 $658.10 $682.52 $97.50 $476.30 $6,191.90 $3,039.56 $3,152.34 $450.33 $198.39 $396.78 $194.78 $202.00 $25.25 $70.00 $140.00 $68.73 $71.27 $2.55 $25.20 $327.60 $160.82 $166.78 $9.81 $1,071.43 $13,928.57 $6,837.44 $7,091.13 $322.32 $511.20 $6,645.60 $3,262.28 $3,383.32 $483.33 $10.80 $140.40 $68.92 $71.48 $5.96 $60.00 $780.00 $382.90 $397.10 $33.09 $15.10 $196.33 $96.38 $99.95 $4.54 $158.03 $2,054.38 $1,008.48 $1,045.90 $47.54 $38.57 $501.43 $246.15 $255.28 $11.60 $121.43 $1,578.57 $774.91 $803.66 $36.53 $53.75 $698.75 $343.01 $355.74 $13.18 $88.35 $1,148.55 $563.82 $584.73 $48.73

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158.03 $2,054.38 $1,008.48 $1,045.90 $47.54 $38.57 $501.43 $246.15 $255.28 $11.60 $121.43 $1,578.57 $774.91 $803.66 $36.53 $53.75 $698.75 $343.01 $355.74 $13.18 $88.35 $1,148.55 $563.82 $584.73 $48.73 $356.84 $4,638.92 $2,277.21 $2,361.71 $196.81 $136.08 $1,769.04 $868.41 $900.63 $75.05 $116.21 $1,510.73 $741.61 $769.12 $192.28 $778.38 $10,118.91 $4,967.30 $5,151.60 $429.30 $133.00 $1,729.00 $848.75 $880.25 $40.01 $168.00 $2,184.00 $1,072.11 $1,111.89 $50.54 $181.86 $545.57 $267.82 $277.75 $8.68 $39.13 $508.71 $249.72 $258.99 $11.77 $10,799.57 $0.00 $0.00 $0.00 $0.00 HISTORIC ANALYSIS 13 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING & IRRIGATION 8.00 Irrigation sprinkler heads and piping 8.01 Irrigation controllers 8.02 Irrigation backflow preventors SITE FURNISHINGS 9.00 Gazebo full replacement 9.01 Wooden arbor full replacement 9.02 Playground spring horse 9.03 Mailboxes SHARED BMP 10.00 Dredging BACK YARD PIPING 11.00 Underground piping repairs and replacement POOL STRUCTURE 12.00 Rebuild pool, per sq ft. of surface area 12.01 Replace main pool coping 12.02 Coping 12.03 Scum line tile 12.04 Resurfacing, per sq. ft. of surface area 12.05 Skimmer system, sf surface area of pool POOL ACCESSORIES 13.00 Pool accessories full replacement POOL HOUSE EXTERIOR 14.00 Solid single doors, metal clad: entrance POOL HOUSE EQUIPMENT 15.00 Filters, chlorinator and piping 15.01 Pumps 15.02 Electrical service POOL FURNISHINGS 16.00 Pool furnishings REST ROOM AND SHOWER 17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 18.01 Rain gutters and downspouts 18.02 Chimney caps 18.03 Chimney repairs

17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 18.01 Rain gutters and downspouts 18.02 Chimney caps 18.03 Chimney repairs SIDING AND SOFFITS 19.00 Vinyl siding 19.01 Siding repairs 19.02 Soffits, vinyl: Phase 1 ANNUAL COMPONENT DEPRECIATION COST EXPECTED COMPONENT FUND BALANCE EXISTING COMPONENT FUND BALANCE FUNDING DEFICIENCY REQUIRED CONTRIBUTION HISTORIC ANALYSIS $100.00 $300.00 $147.27 $152.73 $152.73 $147.64 $1,033.50 $507.34 $526.16 $526.16 $30.00 $390.00 $191.45 $198.55 $28.36 $334.00 $4,342.00 $2,131.46 $2,210.54 $184.21 $405.60 $5,272.80 $2,588.38 $2,684.42 $223.70 $37.50 $487.50 $239.31 $248.19 $35.46 $652.50 $0.00 $0.00 $0.00 $0.00 $1,400.00 $18,200.00 $8,934.26 $9,265.74 $772.15 $2,000.01 $6,000.03 $2,945.37 $3,054.66 $436.38 $978.25 $12,717.25 $6,242.81 $6,474.44 $239.79 $138.00 $1,794.00 $880.66 $913.34 $33.83 $48.75 $633.75 $311.10 $322.65 $11.95 $192.60 $192.60 $94.55 $98.05 $10.89 $559.00 $559.00 $274.41 $284.59 $31.62 $48.38 $628.88 $308.71 $320.16 $11.86 $342.77 $1,028.32 $504.80 $523.52 $43.63 $36.67 $476.67 $233.99 $242.67 $14.27 $236.50 $3,074.50 $1,509.25 $1,565.25 $223.61 $100.00 $700.00 $343.63 $356.37 $356.37 $57.86 $752.14 $369.22 $382.92 $17.41 $663.33 $3,316.67 $1,628.13 $1,688.54 $168.85 $134.31 $1,746.09 $857.14 $888.94 $40.41 $25,048.45 $325,629.90 $159,849.52 $165,780.37 $23,682. 91 $440.91 $5,731.83 $2,813.72 $2,918.11 $108.08 $524.99 $524.99 $257.71 $267.27 $6.85 $39,000.00 $39,000.00 $19,144.84 $19,855.16 $9,927.58 $1,777.03 $23,101.42 $11,340.33 $11,761.09 $317.87 $7,937.50 $103,187.50 $50,654.05 $52,533.45 $17,511.15 $581.42 $7,558.50 $3,710.41 $3,848.08 $104.00 $112,733.95 $78,351.30 REQUIRED

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855.16 $9,927.58 $1,777.03 $23,101.42 $11,340.33 $11,761.09 $317.87 $7,937.50 $103,187.50 $50,654.05 $52,533.45 $17,511.15 $581.42 $7,558.50 $3,710.41 $3,848.08 $104.00 $112,733.95 $78,351.30 REQUIRED BALANCE $748,332.77 ACTUAL BALANCE $367,351.52 % FUNDED 49.09% TOTAL REQUIRED CONTRIBUTION 14 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating 1.03 Parking lot striping 1.04 Asphalt patching 1.05 Asphalt speed bumps 1.06 Concrete curb and gutter CONCRETE FLATWORK 2.00 Concrete front walks 2.01 Concrete sidewalks 2.02 Brick stairs teardown and reset 2.03 Concrete pool deck 2.04 Concrete mailbox pad 2.05 Concrete access drive DRAINAGE 3.00 Curb inlets 3.01 Drop inlets 3.02 Storm sewers SITE LIGHTING 4.00 Neighborhood street light, decorative posts and fixtures 4.01 Neighborhood street light, wiring and repairs 4.02 Halogen ground mounted flag lighting 4.03 Column mounted sign lanterns SIGNAGE 5.00 Entrance sign walls 5.01 Entrance signs 5.02 Neighborhood street signs, decorative posts and sig nage 5.03 Misc. signs 5.04 Flag poles FENCING AND RAILINGS 6.00 Exterior wood handrails 6.01 Wood vertical board perimeter privacy fence - 6 ' 6.02 Wood vertical board perimeter privacy fence - 8 ' 6.03 Wood fence - 4': trash enclosures 6.04 Wood picket fence: courtyards 6.05 Park area fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area 6.08 Brick fence columns FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS 1 2 3 4 5 6 2013 2014 2015 2016 2017 2018 $13,967.22 $13,967.22 $5,700.00 $5,700.00 $10,971.20 $10,971.20 $1,611.71 $1,975.57

Pages 144–146

airs: Initial SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS 1 2 3 4 5 6 2013 2014 2015 2016 2017 2018 $13,967.22 $13,967.22 $5,700.00 $5,700.00 $10,971.20 $10,971.20 $1,611.71 $1,975.57 $32,398.70 $32,398.70 EXPENDITURE RECURRENCE TABLE 15 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING & IRRIGATION 8.00 Irrigation sprinkler heads and piping 8.01 Irrigation controllers 8.02 Irrigation backflow preventors SITE FURNISHINGS 9.00 Gazebo full replacement 9.01 Wooden arbor full replacement 9.02 Playground spring horse 9.03 Mailboxes SHARED BMP 10.00 Dredging BACK YARD PIPING 11.00 Underground piping repairs and replacement POOL STRUCTURE 12.00 Rebuild pool, per sq ft. of surface area 12.01 Replace main pool coping 12.02 Coping 12.03 Scum line tile 12.04 Resurfacing, per sq. ft. of surface area 12.05 Skimmer system, sf surface area of pool POOL ACCESSORIES 13.00 Pool accessories full replacement POOL HOUSE EXTERIOR 14.00 Solid single doors, metal clad: entrance POOL HOUSE EQUIPMENT 15.00 Filters, chlorinator and piping 15.01 Pumps 15.02 Electrical service POOL FURNISHINGS 16.00 Pool furnishings REST ROOM AND SHOWER 17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 18.01 Rain gutters and downspouts 18.02 Chimney caps 18.03 Chimney repairs SIDING AND SOFFITS 19.00 Vinyl siding 19.01 Siding repairs 19.02 Soffits, vinyl: Phase 1 1 2 3 4 5 6 2013 2014 2015 2016 2017 2018 EXPENDITURE RECURRENCE TABLE $300.00 $300.00 $1,033.50 $13,050.00 $700.00 $117,000.00 $127,000.00 $76,087.12 $3,345.21 $117,300.00 $159,398.70 $1,975.57 $ 30,938.42 16 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND

Pages 146–147

300.00 $1,033.50 $13,050.00 $700.00 $117,000.00 $127,000.00 $76,087.12 $3,345.21 $117,300.00 $159,398.70 $1,975.57 $ 30,938.42 16 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating 1.03 Parking lot striping 1.04 Asphalt patching 1.05 Asphalt speed bumps 1.06 Concrete curb and gutter CONCRETE FLATWORK 2.00 Concrete front walks 2.01 Concrete sidewalks 2.02 Brick stairs teardown and reset 2.03 Concrete pool deck 2.04 Concrete mailbox pad 2.05 Concrete access drive DRAINAGE 3.00 Curb inlets 3.01 Drop inlets 3.02 Storm sewers SITE LIGHTING 4.00 Neighborhood street light, decorative posts and fixtures 4.01 Neighborhood street light, wiring and repairs 4.02 Halogen ground mounted flag lighting 4.03 Column mounted sign lanterns SIGNAGE 5.00 Entrance sign walls 5.01 Entrance signs 5.02 Neighborhood street signs, decorative posts and sig nage 5.03 Misc. signs 5.04 Flag poles FENCING AND RAILINGS 6.00 Exterior wood handrails 6.01 Wood vertical board perimeter privacy fence - 6 ' 6.02 Wood vertical board perimeter privacy fence - 8 ' 6.03 Wood fence - 4': trash enclosures 6.04 Wood picket fence: courtyards 6.05 Park area fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area 6.08 Brick fence columns FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS 7 8 9 10 11 12 2019 2020 2021 2022 2023 2024 $13,967.22 $5,700.00 $10,971.20 $684.01 $5,327.85 $7,499.25 $1,611.71 $1,611.71 $7,169.25 $2,062.50 $9,526.00 $1,983.90 $10,224.00 $1,975.57 $32,398.70 $32,398.70 17 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS

Pages 147–148

1 $5,327.85 $7,499.25 $1,611.71 $1,611.71 $7,169.25 $2,062.50 $9,526.00 $1,983.90 $10,224.00 $1,975.57 $32,398.70 $32,398.70 17 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING & IRRIGATION 8.00 Irrigation sprinkler heads and piping 8.01 Irrigation controllers 8.02 Irrigation backflow preventors SITE FURNISHINGS 9.00 Gazebo full replacement 9.01 Wooden arbor full replacement 9.02 Playground spring horse 9.03 Mailboxes SHARED BMP 10.00 Dredging BACK YARD PIPING 11.00 Underground piping repairs and replacement POOL STRUCTURE 12.00 Rebuild pool, per sq ft. of surface area 12.01 Replace main pool coping 12.02 Coping 12.03 Scum line tile 12.04 Resurfacing, per sq. ft. of surface area 12.05 Skimmer system, sf surface area of pool POOL ACCESSORIES 13.00 Pool accessories full replacement POOL HOUSE EXTERIOR 14.00 Solid single doors, metal clad: entrance POOL HOUSE EQUIPMENT 15.00 Filters, chlorinator and piping 15.01 Pumps 15.02 Electrical service POOL FURNISHINGS 16.00 Pool furnishings REST ROOM AND SHOWER 17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 18.01 Rain gutters and downspouts 18.02 Chimney caps 18.03 Chimney repairs SIDING AND SOFFITS 19.00 Vinyl siding 19.01 Siding repairs 19.02 Soffits, vinyl: Phase 1 7 8 9 10 11 12 2019 2020 2021 2022 2023 2024 $300.00 $300.00 $1,033.50 $600.00 $750.00 $20,000.10 $1,926.00 $5,590.00 $4,730.00 $700.00 $9,950.00 $500,969.07 $34,010.41 $569,542.03 $4,017.40 $41,890.27 $40,588.42 $ 1,911.71 18 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating

Pages 148–149

911.71 18 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating 1.03 Parking lot striping 1.04 Asphalt patching 1.05 Asphalt speed bumps 1.06 Concrete curb and gutter CONCRETE FLATWORK 2.00 Concrete front walks 2.01 Concrete sidewalks 2.02 Brick stairs teardown and reset 2.03 Concrete pool deck 2.04 Concrete mailbox pad 2.05 Concrete access drive DRAINAGE 3.00 Curb inlets 3.01 Drop inlets 3.02 Storm sewers SITE LIGHTING 4.00 Neighborhood street light, decorative posts and fixtures 4.01 Neighborhood street light, wiring and repairs 4.02 Halogen ground mounted flag lighting 4.03 Column mounted sign lanterns SIGNAGE 5.00 Entrance sign walls 5.01 Entrance signs 5.02 Neighborhood street signs, decorative posts and sig nage 5.03 Misc. signs 5.04 Flag poles FENCING AND RAILINGS 6.00 Exterior wood handrails 6.01 Wood vertical board perimeter privacy fence - 6 ' 6.02 Wood vertical board perimeter privacy fence - 8 ' 6.03 Wood fence - 4': trash enclosures 6.04 Wood picket fence: courtyards 6.05 Park area fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area 6.08 Brick fence columns FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS 13 14 15 16 17 18 2025 2026 2027 2028 2029 2030 $84,762.90 $52,457.04 $13,967.22 $5,700.00 $10,971.20 $684.01 $684.01 $7,590.36 $7,590.36 $5,327.85 $5,327.85 $7,499.25 $7,499.25 $1,611.71 $1,983.90 $756.00 $270.00 $1,500.00 $2,208.75 $8,921.00 $8,921.00 $3,402.00 $3,402.00 $1,975.57 $19,459.44 $19,459.44 $32,398.70 $32,398.70 19 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS

Pages 149–150

00 $270.00 $1,500.00 $2,208.75 $8,921.00 $8,921.00 $3,402.00 $3,402.00 $1,975.57 $19,459.44 $19,459.44 $32,398.70 $32,398.70 19 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING & IRRIGATION 8.00 Irrigation sprinkler heads and piping 8.01 Irrigation controllers 8.02 Irrigation backflow preventors SITE FURNISHINGS 9.00 Gazebo full replacement 9.01 Wooden arbor full replacement 9.02 Playground spring horse 9.03 Mailboxes SHARED BMP 10.00 Dredging BACK YARD PIPING 11.00 Underground piping repairs and replacement POOL STRUCTURE 12.00 Rebuild pool, per sq ft. of surface area 12.01 Replace main pool coping 12.02 Coping 12.03 Scum line tile 12.04 Resurfacing, per sq. ft. of surface area 12.05 Skimmer system, sf surface area of pool POOL ACCESSORIES 13.00 Pool accessories full replacement POOL HOUSE EXTERIOR 14.00 Solid single doors, metal clad: entrance POOL HOUSE EQUIPMENT 15.00 Filters, chlorinator and piping 15.01 Pumps 15.02 Electrical service POOL FURNISHINGS 16.00 Pool furnishings REST ROOM AND SHOWER 17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 18.01 Rain gutters and downspouts 18.02 Chimney caps 18.03 Chimney repairs SIDING AND SOFFITS 19.00 Vinyl siding 19.01 Siding repairs 19.02 Soffits, vinyl: Phase 1 13 14 15 16 17 18 2025 2026 2027 2028 2029 2030 $300.00 $300.00 $1,033.50 $8,350.00 $10,140.00 $35,000.00 $20,000.10 $5,141.60 $1,100.00 $700.00 $285,112.91 $1,983.90 $2,275.57 $64,770.62 $1,611.71 $75 ,040.01 20 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating

Pages 150–151

040.01 20 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating 1.03 Parking lot striping 1.04 Asphalt patching 1.05 Asphalt speed bumps 1.06 Concrete curb and gutter CONCRETE FLATWORK 2.00 Concrete front walks 2.01 Concrete sidewalks 2.02 Brick stairs teardown and reset 2.03 Concrete pool deck 2.04 Concrete mailbox pad 2.05 Concrete access drive DRAINAGE 3.00 Curb inlets 3.01 Drop inlets 3.02 Storm sewers SITE LIGHTING 4.00 Neighborhood street light, decorative posts and fixtures 4.01 Neighborhood street light, wiring and repairs 4.02 Halogen ground mounted flag lighting 4.03 Column mounted sign lanterns SIGNAGE 5.00 Entrance sign walls 5.01 Entrance signs 5.02 Neighborhood street signs, decorative posts and sig nage 5.03 Misc. signs 5.04 Flag poles FENCING AND RAILINGS 6.00 Exterior wood handrails 6.01 Wood vertical board perimeter privacy fence - 6 ' 6.02 Wood vertical board perimeter privacy fence - 8 ' 6.03 Wood fence - 4': trash enclosures 6.04 Wood picket fence: courtyards 6.05 Park area fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area 6.08 Brick fence columns FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS 19 20 21 22 23 24 2031 2032 2033 2034 2035 2036 $13,967.22 $5,700.00 $10,971.20 $684.01 $7,590.36 $5,327.85 $7,499.25 $1,611.71 $7,169.25 $1,983.90 $1,983.90 $756.00 $37,500.00 $528.58 $5,531.02 $1,350.00 $4,250.00 $8,921.00 $3,402.00 $1,975.57 $19,459.44 $4,655.00 $5,880.00 $1,369.60 $32,398.70 $32,398.70 21 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS

Pages 151–152

$4,250.00 $8,921.00 $3,402.00 $1,975.57 $19,459.44 $4,655.00 $5,880.00 $1,369.60 $32,398.70 $32,398.70 21 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING & IRRIGATION 8.00 Irrigation sprinkler heads and piping 8.01 Irrigation controllers 8.02 Irrigation backflow preventors SITE FURNISHINGS 9.00 Gazebo full replacement 9.01 Wooden arbor full replacement 9.02 Playground spring horse 9.03 Mailboxes SHARED BMP 10.00 Dredging BACK YARD PIPING 11.00 Underground piping repairs and replacement POOL STRUCTURE 12.00 Rebuild pool, per sq ft. of surface area 12.01 Replace main pool coping 12.02 Coping 12.03 Scum line tile 12.04 Resurfacing, per sq. ft. of surface area 12.05 Skimmer system, sf surface area of pool POOL ACCESSORIES 13.00 Pool accessories full replacement POOL HOUSE EXTERIOR 14.00 Solid single doors, metal clad: entrance POOL HOUSE EQUIPMENT 15.00 Filters, chlorinator and piping 15.01 Pumps 15.02 Electrical service POOL FURNISHINGS 16.00 Pool furnishings REST ROOM AND SHOWER 17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 18.01 Rain gutters and downspouts 18.02 Chimney caps 18.03 Chimney repairs SIDING AND SOFFITS 19.00 Vinyl siding 19.01 Siding repairs 19.02 Soffits, vinyl: Phase 1 19 20 21 22 23 24 2031 2032 2033 2034 2035 2036 $300.00 $300.00 $1,033.50 $13,050.00 $1,926.00 $5,590.00 $700.00 $2,025.00 $4,701.00 $34,382.60 $9,491.57 $43,988.42 $34,010.41 $130,332.86 $ 2,283.90 22 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating 1.03 Parking lot striping 1.04 Asphalt patching

Pages 152–153

NUMBER ITEM ROADS, DRIVEWAYS AND PARKING 1.00 1" asphalt overlay of parking lot and access dr ives 1.01 Asphalt street milling 1.02 Asphalt seal coating 1.03 Parking lot striping 1.04 Asphalt patching 1.05 Asphalt speed bumps 1.06 Concrete curb and gutter CONCRETE FLATWORK 2.00 Concrete front walks 2.01 Concrete sidewalks 2.02 Brick stairs teardown and reset 2.03 Concrete pool deck 2.04 Concrete mailbox pad 2.05 Concrete access drive DRAINAGE 3.00 Curb inlets 3.01 Drop inlets 3.02 Storm sewers SITE LIGHTING 4.00 Neighborhood street light, decorative posts and fixtures 4.01 Neighborhood street light, wiring and repairs 4.02 Halogen ground mounted flag lighting 4.03 Column mounted sign lanterns SIGNAGE 5.00 Entrance sign walls 5.01 Entrance signs 5.02 Neighborhood street signs, decorative posts and sig nage 5.03 Misc. signs 5.04 Flag poles FENCING AND RAILINGS 6.00 Exterior wood handrails 6.01 Wood vertical board perimeter privacy fence - 6 ' 6.02 Wood vertical board perimeter privacy fence - 8 ' 6.03 Wood fence - 4': trash enclosures 6.04 Wood picket fence: courtyards 6.05 Park area fence 6.06 Pool area fence 6.07 Electronic gate locking mechanism: Pool area 6.08 Brick fence columns FENCE PAINTING 7.00 Courtyard fence cleaning painting and repairs: Initial SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS 25 26 27 28 29 30 2037 2038 2039 2040 2041 2042 $13,967.22 $5,700.00 $10,971.20 $684.01 $7,590.36 $5,327.85 $7,499.25 $1,611.71 $2,062.50 $9,526.00 $1,983.90 $2,100.00 $756.00 $10,224.00 $2,150.00 $8,921.00 $3,402.00 $1,975.57 $1,975.57 $19,459.44 $32,398.70 $32,398.70 23 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING &

Pages 153–154

$8,921.00 $3,402.00 $1,975.57 $1,975.57 $19,459.44 $32,398.70 $32,398.70 23 Expenditure Summary'!A1 CATEGORY LINE NUMBER ITEM SCHEDULE OF COMPONENTS WESTGATE CONDOMINIUMS COMMON ELEMENTS LANDSCAPING & IRRIGATION 8.00 Irrigation sprinkler heads and piping 8.01 Irrigation controllers 8.02 Irrigation backflow preventors SITE FURNISHINGS 9.00 Gazebo full replacement 9.01 Wooden arbor full replacement 9.02 Playground spring horse 9.03 Mailboxes SHARED BMP 10.00 Dredging BACK YARD PIPING 11.00 Underground piping repairs and replacement POOL STRUCTURE 12.00 Rebuild pool, per sq ft. of surface area 12.01 Replace main pool coping 12.02 Coping 12.03 Scum line tile 12.04 Resurfacing, per sq. ft. of surface area 12.05 Skimmer system, sf surface area of pool POOL ACCESSORIES 13.00 Pool accessories full replacement POOL HOUSE EXTERIOR 14.00 Solid single doors, metal clad: entrance POOL HOUSE EQUIPMENT 15.00 Filters, chlorinator and piping 15.01 Pumps 15.02 Electrical service POOL FURNISHINGS 16.00 Pool furnishings REST ROOM AND SHOWER 17.00 Restroom and shower full remodel ROOFS, GUTTERS AND CHIMNEYS 18.00 Shingled roof, std. 3-ply asphalt shingles: Ph ase 1 18.01 Rain gutters and downspouts 18.02 Chimney caps 18.03 Chimney repairs SIDING AND SOFFITS 19.00 Vinyl siding 19.01 Siding repairs 19.02 Soffits, vinyl: Phase 1 25 26 27 28 29 30 2037 2038 2039 2040 2041 2042 $300.00 $300.00 $1,033.50 $600.00 $750.00 $20,000.10 $39,130.00 $5,520.00 $1,950.00 $1,926.00 $5,590.00 $1,935.00 $4,730.00 $700.00 $9,950.00 $500,969.07 $17,636.40 $34,374.27 $40,588.42 $1,911.71 $703,221.69 $4,083.90 $1 1,525.07 24 2013 2014 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2013 Sum of 2014 LINE NUMBER ITEM Total LINE NUMBER ITEM Total

Pages 154–157

.69 $4,083.90 $1 1,525.07 24 2013 2014 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2013 Sum of 2014 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 1.03 Parking lot striping $5,700 2.02 Brick stairs teardown and reset $1,612 1.02 Asphalt seal coating $13,967 8.01 Irrigation controllers $1,034 1.04 Asphalt patching $10,971 15.01 Pumps $700 7Courtyard fence cleaning painting and repairs: Init ial $32,399 Grand Total $3,345 9.03 Mailboxes $13,050 Grand Total $76,087 EXPENDITURE RECURRENCE SUMMARY WESTGATE CONDOMINIUMS COMMON ELEMENTS Copyright © 2013 Design Management Associates, Inc.

25 2015 2016 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2015 Sum of 2016 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 8Irrigation sprinkler heads and piping $300 7Courtyard fence cleaning painting and repairs: Init ial $32,399 18.03 Chimney repairs $117,000 19.01 Siding repairs $127,000 Grand Total $117,300 Grand Total $159,399 26 2017 2018 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2017 Sum of 2018 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 6.03 Wood fence - 4': trash enclosures $1,976 1.03 Parking lot striping $5,700 Grand Total $1,976 1.02 Asphalt seal coating $13,967 1.04 Asphalt patching $10,971 8Irrigation sprinkler heads and piping $300 Grand Total $30,938 27 2019 2020 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2019 Sum of 2020 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 2.02 Brick stairs teardown and reset $1,612 2.01 Concrete sidewalks $7,499 7Courtyard fence cleaning painting and repairs: Init ial $32,399 2Concrete front walks $5,328

Pages 157–160

EM Total LINE NUMBER ITEM Total 2.02 Brick stairs teardown and reset $1,612 2.01 Concrete sidewalks $7,499 7Courtyard fence cleaning painting and repairs: Init ial $32,399 2Concrete front walks $5,328 Grand Total $34,010 1.05 Asphalt speed bumps $684 2.03 Concrete pool deck $7,169 2.04 Concrete mailbox pad $2,063 4.01 Neighborhood street light, wiring and repairs $10,22 4 8.02 Irrigation backflow preventors $600 9.02 Playground spring horse $750 11 Underground piping repairs and replacement $20,000 15 Filters, chlorinator and piping $4,730 18 Shingled roof, std. 3-ply asphalt shingles: Phase 1 $500,969 2.05 Concrete access drive $9,526 Grand Total $569,542 28 2021 2022 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2021 Sum of 2022 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 3Curb inlets $1,984 6.03 Wood fence - 4': trash enclosures $1,976 8Irrigation sprinkler heads and piping $300 7Courtyard fence cleaning painting and repairs: Init ial $32,399 8.01 Irrigation controllers $1,034 12.03 Scum line tile $1,926 15.01 Pumps $700 12.04 Resurfacing, per sq. ft. of surface area $5,590 Grand Total $4,017 Grand Total $41,890 29 2023 2024 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2023 Sum of 2024 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 1.03 Parking lot striping $5,700 2.02 Brick stairs teardown and reset $1,612 1.02 Asphalt seal coating $13,967 8Irrigation sprinkler heads and piping $300 1.04 Asphalt patching $10,971 Grand Total $1,912 16 Pool furnishings $9,950 Grand Total $40,588 30 2025 2026 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2025 Sum of 2026 LINE NUMBER ITEM Total LINE NUMBER ITEM Total

Pages 160–162

9,950 Grand Total $40,588 30 2025 2026 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2025 Sum of 2026 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 2.01 Concrete sidewalks $7,499 3Curb inlets $1,984 11" asphalt overlay of parking lot and access drives $84,763 Grand Total $1,984 2Concrete front walks $5,328 1.01 Asphalt street milling $52,457 1.05 Asphalt speed bumps $684 4.02 Halogen ground mounted flag lighting $270 4.03 Column mounted sign lanterns $1,500 6Exterior wood handrails $2,209 6.01 Wood vertical board perimeter privacy fence - 6' $8, 921 6.02 Wood vertical board perimeter privacy fence - 8' $3, 402 6.04 Wood picket fence: courtyards $19,459 7Courtyard fence cleaning painting and repairs: Init ial $32,399 9Gazebo full replacement $8,350 9.01 Wooden arbor full replacement $10,140 10 Dredging $35,000 13 Pool accessories full replacement $5,142 1.06 Concrete curb and gutter $7,590 Grand Total $285,113 31 2027 2028 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2027 Sum of 2028 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 6.03 Wood fence - 4': trash enclosures $1,976 1.03 Parking lot striping $5,700 8Irrigation sprinkler heads and piping $300 1.02 Asphalt seal coating $13,967 Grand Total $2,276 1.04 Asphalt patching $10,971 7Courtyard fence cleaning painting and repairs: Init ial $32,399 8.01 Irrigation controllers $1,034 15.01 Pumps $700 Grand Total $64,771 32 2029 2030 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2029 Sum of 2030 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 2.02 Brick stairs teardown and reset $1,612 2.01 Concrete sidewalks $7,499 Grand Total $1,612 2Concrete front walks $5,328

Pages 162–165

Method Sum of 2029 Sum of 2030 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 2.02 Brick stairs teardown and reset $1,612 2.01 Concrete sidewalks $7,499 Grand Total $1,612 2Concrete front walks $5,328 1.05 Asphalt speed bumps $684 3.02 Storm sewers $756 6.01 Wood vertical board perimeter privacy fence - 6' $8, 921 6.02 Wood vertical board perimeter privacy fence - 8' $3, 402 6.04 Wood picket fence: courtyards $19,459 8Irrigation sprinkler heads and piping $300 11 Underground piping repairs and replacement $20,000 14 Solid single doors, metal clad: entrance $1,100 1.06 Concrete curb and gutter $7,590 Grand Total $75,040 33 2031 2032 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2031 Sum of 2032 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 3Curb inlets $1,984 6.03 Wood fence - 4': trash enclosures $1,976 7Courtyard fence cleaning painting and repairs: Init ial $32,399 12.03 Scum line tile $1,926 Grand Total $34,383 12.04 Resurfacing, per sq. ft. of surface area $5,590 Grand Total $9,492 34 2033 2034 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2033 Sum of 2034 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 1.03 Parking lot striping $5,700 2.02 Brick stairs teardown and reset $1,612 1.02 Asphalt seal coating $13,967 7Courtyard fence cleaning painting and repairs: Init ial $32,399 1.04 Asphalt patching $10,971 Grand Total $34,010 8Irrigation sprinkler heads and piping $300 9.03 Mailboxes $13,050 Grand Total $43,988 35 2035 2036 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2035 Sum of 2036 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 2.01 Concrete sidewalks $7,499 3Curb inlets $1,984

Pages 165–167

alysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2035 Sum of 2036 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 2.01 Concrete sidewalks $7,499 3Curb inlets $1,984 2Concrete front walks $5,328 8Irrigation sprinkler heads and piping $300 1.05 Asphalt speed bumps $684 Grand Total $2,284 2.03 Concrete pool deck $7,169 3.02 Storm sewers $756 4Neighborhood street light, decorative posts and fix tures $37,500 5Entrance sign walls $529 5.01 Entrance signs $5,531 5.02 Neighborhood street signs, decorative posts and sig nage $1,350 5.03 Misc. signs $4,250 6.01 Wood vertical board perimeter privacy fence - 6' $8, 921 6.02 Wood vertical board perimeter privacy fence - 8' $3, 402 6.04 Wood picket fence: courtyards $19,459 6.05 Park area fence $4,655 6.06 Pool area fence $5,880 6.08 Brick fence columns $1,370 8.01 Irrigation controllers $1,034 15.01 Pumps $700 15.02 Electrical service $2,025 17 Restroom and shower full remodel $4,701 1.06 Concrete curb and gutter $7,590 Grand Total $130,333 36 2037 2038 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2037 Sum of 2038 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 6.03 Wood fence - 4': trash enclosures $1,976 1.03 Parking lot striping $5,700 7Courtyard fence cleaning painting and repairs: Init ial $32,399 1.02 Asphalt seal coating $13,967 Grand Total $34,374 1.04 Asphalt patching $10,971 16 Pool furnishings $9,950 Grand Total $40,588 37 2039 2040 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2039 Sum of 2040 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 2.02 Brick stairs teardown and reset $1,612 2.01 Concrete sidewalks $7,499

Pages 167–169

al Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2039 Sum of 2040 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 2.02 Brick stairs teardown and reset $1,612 2.01 Concrete sidewalks $7,499 8Irrigation sprinkler heads and piping $300 2Concrete front walks $5,328 Grand Total $1,912 1.05 Asphalt speed bumps $684 2.04 Concrete mailbox pad $2,063 3.02 Storm sewers $756 4.01 Neighborhood street light, wiring and repairs $10,22 4 5.04 Flag poles $2,150 6.01 Wood vertical board perimeter privacy fence - 6' $8, 921 6.02 Wood vertical board perimeter privacy fence - 8' $3, 402 6.04 Wood picket fence: courtyards $19,459 7Courtyard fence cleaning painting and repairs: Init ial $32,399 8.02 Irrigation backflow preventors $600 9.02 Playground spring horse $750 11 Underground piping repairs and replacement $20,000 12 Rebuild pool, per sq ft. of surface area $39,130 12.01 Replace main pool coping $5,520 12.02 Coping $1,950 12.05 Skimmer system, sf surface area of pool $1,935 15 Filters, chlorinator and piping $4,730 18 Shingled roof, std. 3-ply asphalt shingles: Phase 1 $500,969 18.01 Rain gutters and downspouts $17,636 1.06 Concrete curb and gutter $7,590 2.05 Concrete access drive $9,526 Grand Total $703,222 38 2041 2042 Financial Analysis Cash Flow Financial Analysis Cash Flow Cash Flow Method Cash Flow Method Sum of 2041 Sum of 2042 LINE NUMBER ITEM Total LINE NUMBER ITEM Total 3Curb inlets $1,984 6.03 Wood fence - 4': trash enclosures $1,976 3.01 Drop inlets $2,100 8Irrigation sprinkler heads and piping $300 Grand Total $4,084 8.01 Irrigation controllers $1,034 12.03 Scum line tile $1,926 12.04 Resurfacing, per sq. ft. of surface area $5,590 15.01 Pumps $700 Grand Total $11,525 39 Copyright © 2013 Design Management Associates, Inc.

CASH FLOW METHOD COMMON ELEMENTS

Pages 169–170

CASH FLOW METHOD COMMON ELEMENTS YEAR 1 2 3 4 5 CALENDAR YEAR 2013 2014 2015 2016 2017 PROGRAMMED EXPENDITURES, PRESENT WORTH VALUES SCHEDULE OF REPAIRS AND REPLACEMENTS $76,087 $3,345 $1 17,300 $159,399 $1,976 CAPITAL IMPROVEMENT PROJECTS $0 $0 $0 $0 $0 BEGINNING YEAR BALANCE $367,352 $372,861 $457,851 $424,943 $345,981 INCOME CONTRIBUTION TO RESERVES $74,250 $81,000 $84,000 $90,132 $96,712 LOANS 0 0 0 0 0 PLUS SPECIAL ASSESSMENTS $0 $0 $0 $0 $0 PLUS OTHER FUNDS COMING DUE $0 $0 $0 $0 $0 PLUS INVESTMENT INCOME ON PRIOR YEAR'S ENDING BALAN CE $7,347 $7,457 $9,157 $8,499 $6,920 REVENUES FROM CAPITAL IMPROVEMENT PROJECTS $0 $0 $0 $0 $ 0 TOTAL INCOME $81,597 $88,457 $93,157 $98,631 $103,631 EXPENDITURES, FUTURE VALUES SCHEDULE OF REPAIRS AND REPLACEMENTS $76,087 $3,468 $1 26,065 $177,594 $2,282 CAPITAL IMPROVEMENT PROJECTS $0 $0 $0 $0 $0 FINANCIAL LOAN PAYMENT $0 $0 $0 $0 $0 MINUS OTHER DISBURSEMENTS $0 $0 $0 $0 $0 TOTAL EXPPENDITURES $76,087 $3,468 $126,065 $177,594 $2,282 END OF YEAR BALANCE $372,861 $457,851 $424,943 $345,981 $447,330 MINIMUM ACCOUNT THRESHOLD $105,269 $109,131 $113,134 $117,285 $121,588 FUNDING OBJECTIVE MET? YES YES YES YES YES MINIMUM REQUIRED CASH TRANSFER $0 $0 $0 $0 $0 ESCALATION, INFLATION, EARNINGS RATES ANNUAL CONTRIBUTION ESCALATION: N/A 7.30% 7.30% 7.30% 7.30% ANNUAL CONSTRUCTION COST ESCALATION: N/A 3.67% 3.67% 3.67% 3.67% ANNUAL RESERVE ACCOUNT INCOME RATE 2.00% 2.00% 2.00% 2.00% 2.00% LINKED TO OTHER WORK SHEETS USER INPUT OR OVERRIDE FIELDS WESTGATE CONDOMINIUMS 40 Copyright © 2013 Design Management Associates, Inc.

CASH FLOW METHOD COMMON ELEMENTS YEAR CALENDAR YEAR

Pages 170–171

CASH FLOW METHOD COMMON ELEMENTS YEAR CALENDAR YEAR PROGRAMMED EXPENDITURES, PRESENT WORTH VALUES SCHEDULE OF REPAIRS AND REPLACEMENTS CAPITAL IMPROVEMENT PROJECTS BEGINNING YEAR BALANCE INCOME CONTRIBUTION TO RESERVES LOANS PLUS SPECIAL ASSESSMENTS PLUS OTHER FUNDS COMING DUE PLUS INVESTMENT INCOME ON PRIOR YEAR'S ENDING BALAN CE REVENUES FROM CAPITAL IMPROVEMENT PROJECTS TOTAL INCOME EXPENDITURES, FUTURE VALUES SCHEDULE OF REPAIRS AND REPLACEMENTS CAPITAL IMPROVEMENT PROJECTS FINANCIAL LOAN PAYMENT MINUS OTHER DISBURSEMENTS TOTAL EXPPENDITURES END OF YEAR BALANCE MINIMUM ACCOUNT THRESHOLD FUNDING OBJECTIVE MET?

MINIMUM REQUIRED CASH TRANSFER ESCALATION, INFLATION, EARNINGS RATES ANNUAL CONTRIBUTION ESCALATION: ANNUAL CONSTRUCTION COST ESCALATION: ANNUAL RESERVE ACCOUNT INCOME RATE LINKED TO OTHER WORK SHEETS USER INPUT OR OVERRIDE FIELDS WESTGATE CONDOMINIUMS 6 7 8 9 10 2018 2019 2020 2021 2022 $30,938 $34,010 $569,542 $4,017 $41,890 $0 $0 $0 $0 $0 $447,330 $523,003 $602,592 $1,197 $124,058 $103,772 $111,347 $119,475 $128,197 $131,402 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,947 $10,460 $12,052 $24 $2,481 $0 $0 $0 $0 $0 $112,718 $121,807 $131,527 $128,221 $133,883 $37,045 $42,218 $732,922 $5,360 $57,935 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $37,045 $42,218 $732,922 $5,360 $57,935 $523,003 $602,592 $1,197 $124,058 $200,006 $126,048 $130,672 $135,466 $140,436 $145,588 YES YES NO NO YES $0 $0 $0 $0 $0 7.30% 7.30% 7.30% 7.30% 2.50% 3.67% 3.67% 3.67% 3.67% 3.67% 2.00% 2.00% 2.00% 2.00% 2.00% 41 Copyright © 2013 Design Management Associates, Inc.

CASH FLOW METHOD COMMON ELEMENTS YEAR CALENDAR YEAR

Pages 171–172

MINIMUM REQUIRED CASH TRANSFER ESCALATION, INFLATION, EARNINGS RATES ANNUAL CONTRIBUTION ESCALATION: ANNUAL CONSTRUCTION COST ESCALATION: ANNUAL RESERVE ACCOUNT INCOME RATE LINKED TO OTHER WORK SHEETS USER INPUT OR OVERRIDE FIELDS WESTGATE CONDOMINIUMS 11 12 13 14 15 2023 2024 2025 2026 2027 $40,588 $1,912 $285,113 $1,984 $2,276 $0 $0 $0 $0 $0 $200,006 $280,499 $421,322 $131,929 $276,441 $134,687 $138,054 $141,505 $145,043 $148,669 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,000 $5,610 $8,426 $2,639 $5,529 $0 $0 $0 $0 $0 $138,687 $143,664 $149,932 $147,682 $154,198 $58,194 $2,841 $439,325 $3,169 $3,768 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $58,194 $2,841 $439,325 $3,169 $3,768 $280,499 $421,322 $131,929 $276,441 $426,871 $150,929 $156,466 $162,207 $168,157 $174,327 YES YES NO YES YES $0 $0 $0 $0 $0 2.50% 2.50% 2.50% 2.50% 2.50% 3.67% 3.67% 3.67% 3.67% 3.67% 2.00% 2.00% 2.00% 2.00% 2.00% 42 Copyright © 2013 Design Management Associates, Inc.

CASH FLOW METHOD COMMON ELEMENTS YEAR CALENDAR YEAR

Pages 172–173

MINIMUM REQUIRED CASH TRANSFER ESCALATION, INFLATION, EARNINGS RATES ANNUAL CONTRIBUTION ESCALATION: ANNUAL CONSTRUCTION COST ESCALATION: ANNUAL RESERVE ACCOUNT INCOME RATE LINKED TO OTHER WORK SHEETS USER INPUT OR OVERRIDE FIELDS WESTGATE CONDOMINIUMS 16 17 18 19 20 2028 2029 2030 2031 2032 $64,771 $1,612 $75,040 $34,383 $9,492 $0 $0 $0 $0 $0 $426,871 $476,598 $639,457 $673,894 $785,710 $152,386 $156,196 $160,100 $164,103 $168,205 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,537 $9,532 $12,789 $13,478 $15,714 $0 $0 $0 $0 $0 $160,923 $165,727 $172,890 $177,581 $183,920 $111,196 $2,868 $138,452 $65,765 $18,821 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $111,196 $2,868 $138,452 $65,765 $18,821 $476,598 $639,457 $673,894 $785,710 $950,809 $180,722 $187,352 $194,225 $201,351 $208,738 YES YES YES YES YES $0 $0 $0 $0 $0 2.50% 2.50% 2.50% 2.50% 2.50% 3.67% 3.67% 3.67% 3.67% 3.67% 2.00% 2.00% 2.00% 2.00% 2.00% 43 Copyright © 2013 Design Management Associates, Inc.

CASH FLOW METHOD COMMON ELEMENTS YEAR CALENDAR YEAR

Pages 173–174

MINIMUM REQUIRED CASH TRANSFER ESCALATION, INFLATION, EARNINGS RATES ANNUAL CONTRIBUTION ESCALATION: ANNUAL CONSTRUCTION COST ESCALATION: ANNUAL RESERVE ACCOUNT INCOME RATE LINKED TO OTHER WORK SHEETS USER INPUT OR OVERRIDE FIELDS WESTGATE CONDOMINIUMS 21 22 23 24 25 2033 2034 2035 2036 2037 $43,988 $34,010 $130,333 $2,284 $34,374 $0 $0 $0 $0 $0 $950,809 $1,051,811 $1,177,090 $1,093,834 $1,296,147 $172,411 $176,721 $181,139 $185,667 $190,309 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $19,016 $21,036 $23,542 $21,877 $25,923 $0 $0 $0 $0 $0 $191,427 $197,757 $204,681 $207,544 $216,232 $90,425 $72,478 $287,937 $5,231 $81,615 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $90,425 $72,478 $287,937 $5,231 $81,615 $1,051,811 $1,177,090 $1,093,834 $1,296,147 $1,430,764 $216,396 $224,334 $232,564 $241,096 $249,941 YES YES YES YES YES $0 $0 $0 $0 $0 2.50% 2.50% 2.50% 2.50% 2.50% 3.67% 3.67% 3.67% 3.67% 3.67% 2.00% 2.00% 2.00% 2.00% 2.00% 44 Copyright © 2013 Design Management Associates, Inc.

CASH FLOW METHOD COMMON ELEMENTS YEAR

Pages 174–175

MINIMUM REQUIRED CASH TRANSFER ESCALATION, INFLATION, EARNINGS RATES ANNUAL CONTRIBUTION ESCALATION: ANNUAL CONSTRUCTION COST ESCALATION: ANNUAL RESERVE ACCOUNT INCOME RATE LINKED TO OTHER WORK SHEETS USER INPUT OR OVERRIDE FIELDS WESTGATE CONDOMINIUMS 26 27 28 29 30 2038 2039 2040 2041 2042 $40,588 $1,912 $703,222 $4,084 $11,525 $0 $0 $0 $0 $0 $1,430,764 $1,554,540 $1,780,696 $160,995 $363,080 $195,067 $199,943 $204,942 $210,066 $215,317 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $28,615 $31,091 $35,614 $3,220 $7,262 $0 $0 $0 $0 $0 $223,682 $231,034 $240,556 $213,285 $222,579 $99,905 $4,878 $1,860,258 $11,200 $32,766 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $99,905 $4,878 $1,860,258 $11,200 $32,766 $1,554,540 $1,780,696 $160,995 $363,080 $552,894 $259,111 $268,617 $278,471 $288,687 $299,278 YES YES NO YES YES $0 $0 $0 $0 $0 2.50% 2.50% 2.50% 2.50% 2.50% 3.67% 3.67% 3.67% 3.67% 3.67% 2.00% 2.00% 2.00% 2.00% 2.00% 45 Percentage of Allocation Townhomes & Condos Number of Units (or Square Footage) 108

Pages 175–193

YES YES $0 $0 $0 $0 $0 2.50% 2.50% 2.50% 2.50% 2.50% 3.67% 3.67% 3.67% 3.67% 3.67% 2.00% 2.00% 2.00% 2.00% 2.00% 45 Percentage of Allocation Townhomes & Condos Number of Units (or Square Footage) 108 Conversion Factor to Assessment Units 1 Number of Assessment Units Assigned 108 Resultant Distribution of Total Costs 100.00% Year Townhomes & Condos 2013 $74,250.00 2014 $81,000.00 2015 $84,000.00 2016 $90,132.00 2017 $96,711.64 Year Townhomes & Condos 2013 $687.50 2014 $750.00 2015 $777.78 2016 $834.56 2017 $895.48 Year Townhomes & Condos 2013 $5.68 2014 $6.20 2015 $6.43 2016 $6.90 2017 $7.40 Portion of Annual Assessment Attributable to Reserves per Individual Entity: Portion of Monthly Assessment Attributable to Reserves per Individual Entity: Copyright © 2013 Design Management Associates, Inc.ASSESSMENT ALLOCATION WESTGATE CONDOMINIUMS COMMON ELEMENTS Allocation Formula as Reported by the Association: Calculated Annual Assessment Attributable to Reserv es per Category: 46 Rules and Regulations Westgate at Williamsburg A Condominium Association Inc WESTGATE AT WILLIAMSBURG ARCHITECTURAL REVIEW APPLICATION FOR IMPROVEMENTS (Please Print All Information Clearly) (If Different than Property Address)

(If Different than Property Address) Attachments: (Please make sure that all required items are attached and t hat the form is completed fully. Incomplete applications may not be processed until the requisite information is received. The Architectural Review Committee (ARC) for the Westgate Condominiums has thirty (30) days from the day of receipt of a completed application to respond to your application.

* A site plan / plat of the lot showing the proposed location on the lot of the improvement.

Include dimensions from the improvement to the property lines.

* A complete description of mat erials, specifications, color, and if possible, a brochure or Photo showing height details, etc.

* Submit completed application to: Berkeley Realty Property Management Inc., 907 Richmond Road, Williamsburg, VA 23185; or fax to (757) 2 29-8208.

Please remember that the Architectural Review Committee has (30) thirty days from the date of receipt by the Committee to recommend approval or disapproval of architectural applications. If all information is not provided with the initial applic ation this may delay your request.

(Homeowner’s Signature) (Date) (Please do not write below this line) Application: ( ) Approved.

( ) Approved with changes or conditions noted.

(Homeowner’s Signature) (Date) (Please do not write below this line) Application: ( ) Approved.

( ) Approved with changes or conditions noted.

( ) Disapproved.

 Approval is good for twelve months from date of approval. If improvement is not completed with that time period, ARC approval is deemed to be voided and the application must be resubmitted to the Committe e. Approval by the ARC Committee does not warrantee contractor’s performance or workmanship. Property owners are responsible for compliance with all permit requirements or building codes if applicable.

(Committee Signature) (Committee Signature)