Seacourt Bylaws by seacourtcondos

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                                                                   EXllUH'l'   A
                                 n'iL1\HS OF
                          SEACOURT    CmIDDtUNIUZ.IS

                                 }\RTICLE I

                                      UNIT
                   PLAN OF AP.!\RT1-lENT OWNERSHIP
     SECTIONmlE:       UNI'r OWNERSHIP. Tho condominium located     in
the City     of VirginIa    Beach, Virginia   and known as   Seacourt
Condominiums, is subm~ttcd to the provisions       of the Condominium
Act, Title    55, Chapter 4.2, Sections   55-79.39 et ~   of the Code
of Virginia,    as amended.

      SECTION T\'70:    BYI,1\WS OF APPLICAUILIT'i.      The provisions     of
these   Bylaws   arc    ap?licablc    to   thel condominium.        (The term
·condominiuml'l as used herein       shall   me,an the real    property,   and
any incidents     thereto    or intereEts      therein,   sublTitted   to  the
provisions   of the Condominium Act               byl
                                                  the Declaration    to which
this set of Bylaws is an exhibit.)           T~is set of Bylaws provides
for the 5elf-90vernme~t        of the condominium by an association         of
all the unit owners.                            I



      SECTION THREEt PERSONAL APPLICA'l'l;ON. All present or future
unit    owners,    guests    and   tenants,   I and    their    servants  and
employees, or any other person entitled           to use or occupy a unit
or any of the facilities        of the oondorrd.nd.um    in any manner, are
subject   to the regulations      set forth    in these      Bylaws which arc
attached   as Exhibit     'An to the recorded       plan of un Lc ownership
{The Declaration).

      The    acquisition    or rental  of any of the units,    of  the
condominium or the mece act of occupancy of any of the units will
signify   that  these    Byla\vs are acct!pt~d, ratified, and will be
complied with.

      Any lack of such compliance      ''lith the provisions     of these
Bylaws or of the Declaration     shall     be grounds fOI an action     or
suit  to recover   sums due,  for damages or injunctive       relief,   or
for any other romedy available     at law lor in equity,   maintainable
by the Unit Own~rsl Association,     or by its executive   organ or any
rnanaqing agent on behalf    of such association      or,   in a proper
case, by one or more aggrieved    unit owners on their own behalf or
as a class action.

                                ARTICLEII

    VOTING,HAJORITY         QUORUM PROXIESt DEFINITIONS
                   OF OWNERS,

      SECTION  ONE: VOTING. Voting Sha~l be on a percentage   basis
and the percentage    of the vote to whi1ch the owner of a unit or
units is entitled   is the percentage assigned to the unit or units
in the Declaration.

      Since a unit owner may be more than one pez son , if only one
of such persons       is present    at a meeting   of the Unit ownar s '
Assoc.i.ation,   that   person  shall  be entitled   to cast  the votes
appertaininq     to that unit,   but if more than one of such persons
is present,    the vote appertaining    to that unit shall be cast only
                               •••• L    •• V   •••   UV..,J'J

in accocde nce "ith
shall
                         t.beir unanimous
        be conc tus.Lve Ly presumed if anyone
                                                          aLeemeot.
                                                           and such consent
                                                      of t.hcn purports      to
cast. the votes     appertaining      to that   unit without. protest    being
~~~~ fQr~hwit.h by any of the others          to the person presiding     over
the meeting.      Since a person need not be a natura1           person,    the
word "person"    shall be deemed for the purposes of this subsection
to include,   ,dthout     limitation,    any natural  person having autho-
rity  to execute deeds on behalf         of any person,   excluding   natural
persons,   which is, either        alone or in conjunctio~     with another
person or persons, a unit owner.
       The votes appe~taining          to any unit may be cast pursuant           to a
proxy or proxies       duly executed by or ~n behalf of the unit ownCL,
or, in cases where t'le owner is more I than one person,                   by or on
behalf   of all      such persons.        No suc~ proxy shall         be revocable
except by actual       notice    to the person presidinq         over the meeting,
by the unit owner or by any of such p~rsons,                  that it be revoked.
Any proxy shall be void if it is not dated,                  if it purports     to be
revocable    ,.,ithout notice as aforesaid,         I or if the signature      of any
of those    executinq       the same has not been duly witnessed.                  The
proxy of any person            shall    be void   if not signed by a person
having    authority,       at the      time  of    the    executio~    thereof,     to
execute deeds on behalf            of that   perse1m.      Any proxy shall      term-
inate   automat.ically       upon the adjournjnent         of the first      meetinq
held on or after        t.he date of that pzoxy ,           Votes Jnay he cast      in
person or by proxy.             Proxies   must b~ filed        with the secretary
before the appointed         time of each meeting.

                                OF
      SECTIONTWO: f.1AJORITY OWNERS.IAs used in these Bylaws,
the term "majority     of owners·   shall   mean those owners holding
more than fifty   percent   (50%) of the votes in accordance with the
percentages  assigned   in the Declaration.


      SECTION THREE: QUORUMS. A quorum shall          be deemed to be
present   throughout    any meeting   of the Unit ownexs ' Association
until   adjourned    if  persons  entitled   to cast  more than   fifty
percent   (50%) of the votes are present      at the be~inning  of such
meeting.



                                        ARTICLE         HII
                                 ADMINISTRATION

      SECTION      ONE:      UNIT           OWNERS'                                          _..=I',--C:;;.:~;.;.·1E=R;,;;!;·,--~A..:.:N;.:.;D~
                                                            I.....::..:A=S;,;;S:..:OC:.:=..:I::.:A:.,:.T=-=:;l..;:O.,:.t!'--.
RESPONSIBILITIES.                                           I

     The owners of the units          will    constitute    tIle Unit OWners'
Association  hereinafter     referred      to ~s "Associationn,        who will
have the responsibi1ity     of administer~ng         and insu~in9    the condo-
minium, approving   the annual budget,         establishing     and collecting
monthly assessments,     establishing        and maintaini:tq      the  reserve




                                                -2-
                           I'll   Co .,   ••• .,   , ••   W'   •••   J.
funds mentioned    hereinafter, maintain' nq the common elements     in
good repair and in such condition as ~ill preserve the health and
safety of the owners and guests and t~e value of the condominium,
~no:l providing and arranging .for the rnanagE;>ment f the condominium
                                                   o
pursuant to an arrangement and in a manner approved by mori9uyt!eS.
and resolutions of the Association      shall require   approval   by a
majority of t.he owners.                 I

     The Association     shall have                 the ~wer                 tOt

      (1)  employ, dismiss,   and replace agents and employees  to
exercise and discharge    the powers ahd responsibilities   of the
Association arising under Article III, Section II.
                                        I
      (2) make or cause to be made additional improvements on and
as a part of the co~mon elements.       I

      (3)  grant or withhold approval of any action by one or more
unit owners or oth~r persons entit.led t.o the cccupancv of any
unit which would change the exterior appearance of any unit or of
any other portion of the condominium, lor elect or provide for the
appointment of an architectural  contr0l committee, the members of
which must have the same qualificati6ns   as of.ficers to grant or
withhold such approval.

      The executive organ of the Unit Owners' Association      (herein
sometimes called the Board of Direclors),       if any, and if not,
then the Unit OWners' Association    its~lf, shall have the irrevoc-
able power as attorney-in-fact    on be~alf of all the unit owners
and their successors    entitled   to grant easements    through   th~
common elements and accept easements benefiting      the condominium
or any portion thereof.

     SECTION   'OW:    UPKEEP      OF TilE            CONo6MINIUJol.

      All powers and responsibilities      ~ith regard to maintenance,
repair, renovatnon,       restoration,  and replacement   of the condo-
minium shall belong       (1) b) the Unit OWners' Association     in the
case of the general common elements'l and (2) to the individual
unit owner in the case of any unit and Urni tee common elements
appertaining      thereto or any part the~eof.    Each unit owner shall
afford to the other unit ownelOS and tio the Unit OWners' Associa-
tion and to any agents or employees of either such access through
his unit as may be reasonably           necessary   to enable   them  to
exercise    -.lnd discharge    their respective   powers  and responsi-
bilities.                                          is
                Dut to the extent that dar,h'\(je inflicted      on the
COJTIIDOn lements or any unit throu9h I \-{hieh access is taKen, the
         e
unit owner causing the same, or the Unit Owners' Association           if
it caused the same~ shall be liable for the prompt                repair
thereof.

     SECTION    THREE:       RESERVE                  FOR                REPLACENENTS   AND   GENERAL
OPERATING   RESERVE.                                                 I
      The IIssociatJon shall establisH and maintain two separate
reserve funds, which shall at all times be under the control of
the Association,   one to be a Reserve Fund for Replacements,   and
the other to be a General Operatinq Reserve Fu.nd, by the allo-
cation and payment monthly to each ofl said reserve funds of a sum
equivalent to not less than 3% of the monthly assessments charge-
able to the owners pursuant to the Bylaws, eact of such funds to
be deposited   by the Association   in a separate special   account
with an insured, safe and responsible    bank or savinqs and loan
association.   The share of an owner in the funds and other assets




                                                   -3-
                                                   I
                                on c J   O;II:1ij'Ht1
of the Association       cannot    be assign~d,     hypothecated    or trans-
ferred    except   as an appurtenance      to his unit.      Upon accrual     in
tho Reserve for Replacements         ~ccount of an amount equal to JOO'
of the then current        annual amount o f assessments        chargeable    to
the OWners pursuant      to the Bylaws or upon accxuat. in the Genel.'ul
Operating    Re~erve Account: of an amou~t equal to 25% of the then
current    annual    amount of assessm.ents,!. chargeable      to t.he owners
pursuant    to the Bylaws, the rate of '['uch monthly allocation            and
such monthly neposit. to t.he Reserve fpr Replacements Account, or
'co the General      Operating   Reserve Account,      as the case may be,
may, by appropriate       action   of the As~ociation,      be reduced or be
discontinued      and 110 further     depositb    need b~ made into        that
particular    Reserve hcco"nt so long as, in the ca~e of the Reserve
for Replacements Account, said JOO\ level            is maintained,    and, in
the case of the Gel1eral Operating        Reserve Account, said 25% level
is maintained;       and provided,    further,    that   in the event wit.h-
drawals from either      of such Reserve Accounts reduce it below tbe
said level,     then u~on reduction     of such Reserve below said level,
the rate of such monthly assessments           ~nd deposits   shall  forthwith
be immediatel:., restored      to 3' and made at the 3' rate until           the
said level is restored.                         I
       'rhe Reserve     fund for Replacements     is for the purpose      of
effecting    replacements     of general   combon element facilities,    and
the General Operating        Reserve Fund isl for the purpose of meeting
deficiencies     arisin9   from time to time as a result     of delinquent
payments of assessments         by owners in the condominium and other
contingencies,      provided,   however, reimbursements   shall be made to
the General      Operating     Reserve   Account upon payment of delin-
quencies    for which funds were withdrawn from the General operat-
in9 Reserve.·                                 I

       Disbursements    from either     of thJ Reserve Funds may be made
by the Associatiolt,       provided I howevdr, that      disbursements      froIn
either    Reserve    Fund totalling      in e~cess   of 20t of the        total
balance    in that    Reserve Fund as of Ithe close af the preceding
annual period      may not be made during any annual period            without
the prior    Hritten   consent    of mortgag~es holding first      mortgages
of record     on at. least     one-half    of the unit.     The Association
shall   not fail     to establish     and maintain    the Reserve Fund for
Replacements     and General Operatin9        Reserve Fund, as set        forth
herei nabove.

      SECTION FOUR: PLACE OF f-IEETINGS.                 Meetings of the Unit
OWners1 Association  shall  be held at It he           principal   office   o:f the
condominium or such other    suitable  place            convenient   to the unit
owners as may be designated     by the Bbard            of Oi~ectors    and shall
be held at   least  once each year a~ter                the formation     of said
Association.                                   1




      SEC'I'ION  FIVE: ANNUALEETINGS.
                                  H            The first     annual meeting of
the hssociation      shall    be held    on the first       day of thp ;;\onth
following    the month in which there       is first    any unit owner other
than the Declarant.        Thereafter,   annual meetings shall be held on
the   first    Monday of June        of each succeeding        year.    At such
meetings there     shall be elected     by ballot    a Board of. Directors    in
accordance    with the requirements       of Section Six of Articlo       IV of
these    Bylaws.    The unit      owner& mayl also      transact     such other
business    of the Association      as may pr0perly    corne before them.

                                           I
       Sf:CTIONSIX: SPECIAL lo1f:ETINGS. It shall be the duty of the
president    to  call    a special   meeti?g  of   the unit  owners     as
directed   by resolution    of the Board of Directors  or on a petition
signed by a majority      of the unit owners having been presented      to




                                         -4-
the secretary,      or at    the request   of mort.qaqce e holding    first
mortgages    of   record    on at   least  one-half  of the   units.       Ho
business    shall   be transacted      at a special   meeting   except     as
stated   in the notice     unless  by consent   of more than half of the
owners present,     either   in person or by!proxy•

       SECTIONSEVEN 1 NOTICEOF r-IEETING~. The secretary                 shall,     o t,
least   twenty-one     (21) df:.Ys in advance        f any annuaI or regularly
                                                    01




scheduled    meeting r and at least         seven (7) days fr. advanc:e of any
other meeting,       send to each unit         owner of record,       and to each
mortgagee      shown i~ the         book herei~after        mentioned     entitled
"~lort.9agees of Units",       notice    of t.he ~irne, place and purpo!)e or
purposes    of such meeting.          Such not.Ice shall      be sent by United
States    mail,   return    receipt     requested,     to all   unit owners and
mortgagees of re.:or:i at the address of their             respective    units    and
to such other addresses        as any of them may have designated            to the
secretary,     or such notice may be hand delivered            by the secretary,
provided    he obtains     a receipt      of acceptance    of such notice        from
the unit     owrl'r or lnortgagee        to such meeting.        The mailing        or
delivery    of not.Lee in the manner provided            in this section        shall
be considered     notic~ served.                   I

       SECTION EIGHT~ ADJOURNED        HEETI:NGS. If  any meeting   of
owners Cdnnot be organized      because a quorum has njt attendeds the
owners who are present     either   in person or by proxy may adjourK:l
the meeting to a time not less than 48 hours from the time the
original  reeeting was called.

       SECTIONNINE:    ORDEROF BUSINESS. The order                  of business      at
all   Association meetings shall be as follows:

       (a)   Roll Call.
       (b)   Proof of notice     of meeting o~ waiver of notices.
       (c)   Reading c·r minutes of precedJlng meeting.
       (d)   Reports of officers.
       Ie)   Reports of committees.
       (ft   Election   of directors.
       (gJ   Unfinished    business.
       (h)   NeH business.

      The AS~'ociation   shall    elect    an executive   organ,    i.e.,    an
executive  and admjnistrative       entity,   denominated    herein    by the
name "Board of Directors·,      and designated    herein as the qoverning
body of the ~ssociation.       The powers and responsibilities          of the
same, and the number and the terms of its members are specified
herein.

                                    ARTICLE    IV

                                  OF
                              BOARD DIRECTORS

        SECTION ONE:     NUMBERAND QUALIFICATION. Association's
affairs     shall  be governed by a Board of Directors  composed of
three     persons,   all 01' whom must be owners   of units  in  the
project.

        SECTION 'l'WO: pm9ERS AND DUTIES.         The noa.rd of Directors
shall     have and are hereby delegated      all   of the powers,   respon-
sibilities,       and duties   necessary  for ~he administration     of the
Association's       affairs  and may do all s~ch acts and things     as are
not     by   la\'l or by these     Bylaws exclusively     assigned  to   and
directed      to be exercised   and done onlylby    the unit owners or the
Association.




                                         -5-
                                        un , oJ U "   ru ~   If 'I 'f




least
       SECTION TIlREE,      nUDGET.   The             B.Ld
                                                     of Directors
         annually, pr Ior to -oecember 31s~ of each year,
                                                                      shan
                                                                     prepare
                                                                              at
                                                                               a
budget     for the project,      dctermine     tihe amount     e f the   common
charges required      to meet the common ex~enses of tl.e project,           and
allocate     and assess such common charg,s against           the unit owner's
according to their respective percentages of common ownership as
stipulated      in the     Declaration.      Th~ common       expenses    shall
include, aznong other things~ without l~mitation, the cost of all
insurance premiums on all policies of ~nsurance required to be or
which have been obtained by the Boar~ of Directors pursuant to
these Bylaws,        the fees and disbursements            of the insurance
trustee, such amounts as the Board of *irectors deems proper, and
subject to the mandatory requirements..l_ of these Ilylaws, for the
operation and maintenance         of the project.,        including,    without
limit.ation,     an amount for working capital,         for the reserve for
replacements,      for t.he genera 1 operatillg    reserve I and to make up
any deficit     In the common expenses Eor any prior year.
      The      Board   of
                    Directors  shall advise each unit owner in
writing     of his    of common charge~ and shall mail copies of
                       share
each proposed budget to all unit owners and their mortgagees  at
least 10 days in advance of its adopltion and of each approved
budget immediately after adoption ther~of.

      SEC'I'ION FOUR:          OTIIER   DUTIES.        Ih
imposed by these Bylaws or by resolutidns of the Association,
                                                               addition   to   t.he   duties
                                                                                         the
Board of Directors Shall be responsibl~ for the following:
               Care and upkeep of the projeJt and general common areas
      (a)

      (b]
               and faciHties.
               Collection of monthly assessment:s
                                                        l
                                                  from the owners.
      (e)      Designation and dismi3sal of Ithe personl1el necessary
               for the maintenance and oper~tion of the project,
               the common areas and facilit1"es and the restrict.ed
               common areas and facilities.

      SECTION FIVE:   MANAGE~lENT. The Board of DirEctors must, and
shall not fail   to, provide for the man~gement of the project in a
manner approved or required by mortgagees holding first mortgages
of record on more than one-half of lthe units, including, if
required, the employment of a "professaonal- management agent or
entering into a management contract, fbr the project rather than
undertaking "self-management-.    The Bo~rd of Directors may employ
for the Association a management agen~ at a comfensation estab-
lished by the Board of Directors       t_~ perform  such duties and
services as the Board shall authorize, including, but not limited
to, the duties listed In Section Four     f this Article.

     SECTION     SIX:    ELECTION AND TERM OF OFFICE.       The term of
office    of  the directors     shall be fi~ed at one year.       At the
expiration of the term of o.ffice of ea9h respective director, his
successor    shall he elected to serve                  r
                                              term of one year.      The
directors    shall    hold office until t!ir     succcssors    have been
elected   and hold their first meeting.

     SECTION   SEVEN:  VACANCIES.    Vac ncies   in the Board  of
Directors  caused by any reason    other  than the removal of a
director by a vote of the Association Shall be f:lled by vote of
the majority of tile remaining directqrs,    even though they may
constitute less than a quorum; and ea9h per~on so elected shall
be a director until a successor is ele ted at Association's next
annual meeting.




                                            -6-
                            .".   _uu,.v~uu


     SECTION .:IGHT: REHOVAL OF DIRE~'1'ORS.    At any regular or
special meeting duly called, any one o~ mor~ of the directors may
be removed with or without cause by a majority of the owners, and
a successor may then and there be el1ected to fill the vacancy
thus created.   Any dlr~ctor whose removal has been proposed by
the owners shall be given an opportrnity      to be heard  at the
meeting.

     SECTION NINE:   ORGANIZATION HEET]lNG. The first meeting of
the newly elected Board of nirectors snall be held within 10 days
of election at such place as Shall be I fixed by the directors at
the meeting at which such directors were elected, and no notice
shall be necessary    to the newly el1ected directors    in order
legally to constitute such meeting I P ovided a majority of the
whole Doard shall be present.

      SECTION TEN:   REGULAR HEETINGS.   Regular meetings of the
Doard of Directors may be held at such time and place as shall be
determined, from tirre to time. by a majority of the directors,
but at least two su~h meetings shall be held during each fiscal
year.   Notice of regular meetings of t~e Board of Directors shall
be given to each director, personally         lor
                                           by mail, telephone, or
telegraph, at least ten (10) days prio~1 to the day named for such
meeting.

      SECTION ELEVEN~    SPECIAL NEETINGS.                     o
                                             Special J'l1eetingsf the
Board of Directors may be called by th~ president on three d~ys·
notice to each director, given personally or by mail, telephone,
or telegraph,    whict notice    shall st~te the time, place       (as
hereinabove   provided),    and purpose   Jf the meeting.     Special
meetings of the Board of Directors shall be calleri by the presi-
dent or secretary     in like manner ann on like notice on the
written reguest of at least two directors.

      SECTION TWELVE: l~AIVER OF NOTICE.[ Before or at any meeting
of the Board of Directors, any director may, in writing, waive
notice of such meeti~g and such waiver shall be deemed equivalent
to the giving of such notice.     Attendance by a director at any
meeting of the Board shall be a waiver of notice by him of the
time and place thereof.   If all the di*ectors are present at any
meeting of the Board, no notice shall pe required and any busi-
ness may be transacted at such meeting. I

      SECTION  THIFTEEN:   BOARD OF  DIRECTOR'S  QUORml.    At all
meetings of the Board of Directors, a majority of the directors
Shall constitute a quorum fo~ the transaction of business, and
the acts of the quorum shall be the aclts of the Board of Direc-
tors.    If, at any meeting of the Boa~d of Directors, there be
less than a quorum present, the members present nay adjourn the
meeting from time to time.     At any such meeting, any business
that might have been transacted at the meeting as originally
called may be transacted without further notice.    A quorum shall
be deemed to be present throughout an~ meeting of the Board of
Directors if persons entitled to case rnQre than half of the votes
in that body are present at the beginning of such ~eeting.

      SECTION FOURTEEN:   FIDELITY BONDSJ   The Board of Directors
shall require that all officers and ernployp.esof the Association
handling   or responsible   for Association   funds shall furnish
adequate fidelity bonds.     The premium I of such bonds shall be
paid by the Association.




                                  -7-
                                   ARTICLEV

                                   OFFICERS

      SECTIONONE: DESIGNATION           ANDQUAIFIChTIONS. The officers
of the Unit OWners· AssocIation              aha I], be a president,       it vice
president,     a secretary      and a treasur~r,        all   of whom shall      be
elected    by and from t;lc Board of Directors.               The directors    may
appoint    an assistant     treasurer,    and a~ assistant       secre eary , and
such other officers       a~ in their      judgm~n~ may be necessary.          The
offices    of treasurer     anti secretary     sh~ll   be filled    by the same
person however the offices          of ~rcside~t      and secretary    shall   not
be filled    by the same person.         All ofjicers       must be unit owners
and any officer      who dIsposes      of all    9f his units in fee and/or
for a term or terms of six (6) months or more shall be deemed to
have disqualified       himself    from continhing       in office,    unless    he
acquires    or contracts     to acquire    anath~r unit in the condominium
under terms giving
tion of dispositions.
                         hin a right
                                                J
                                         of occupancy under such disposi-


       Since all officers       must be unit 0 ners,    then notwithstanding
the fact that       the terlt'r ·unit  owner- ~ormally means one 0): more
persons who own a condominium unit,          th~ term ~unit oYner" in such
cor. text  shall     be deemed to include~1 without          limitation,   any
(Erector.    officer,   partner    in, or trustiee of any person which is;-
I.!i~her alone or in conjunction        with  anrlther person or pexsons , a
unit owner.

      SECTIONTWO ELECTIOnANDTERH (1)F OFFICERS. The of ficcrs
                   t
of the Association     shall    be elected  lannually by the Doard of
Directors   at the organization    meeting of each new Board and shall
hold office   at the pleasure    of the      Boaid.
                                 OF
       SECTIONTUREE: .!I-E~~OVALOFFICEijS. On an affirmative      vote
of a majority      of the members of the! Board of Directors,      any
officer   may be removed, either     with Jor \·:ithout cause and his
successor
tors,
purpose.
            elected   at any regular
        or at any spedal
                                      meet~ng of the Board of Direc-
                              meeting af ""
                                           I
                                               Board called   for such                I
       SECTIONFOUR: PFESIDENT. The President             shall be the chief
executive   officer    of the Association.     I He shall     preside    at all
meetings of the Association         and of the Board of Directors.              He
shall have all of the general         powers ard duties     that are usually
vested   in the office      of president    of I an association,      Lne Ludd nq
but not limited     to the power to appo i nt; committees from among the
owners from time to time as he may in his discretion                 decide is
appropriate     to   assist    in  the   condu'ct   of    the    A.ssociation's
affairs.

       SECTION FIVE:    VICE PRESIDENT. 'l'he Vice President     shall
perform the duties    of the PresIdent in the event of the absence,
disability   or resignation   of the President.     In addition,   the
Vice President   shall have such other d~ties   as he may be assigned
by the Board of Directors.               I



       SECTION SIX:     S~CRETARY. The Secretary        shall   keep the
minutes of all meetings of the Board o~ Directors        and the minutes
of all meetings of the Association~    hel shall have charge of such
books and papers     as the Board of Dirpctors     may direct;     and he
shall,   in general,  perform all the dut:es   incident    to the office
of Secretary.




                                       -8-
                            ••·.Co   .,"vrUUl~'
                                             I




     SECTIOn SEVEN:    "l'REASUF.Ek. The Treasurer   aha I ~ have the
responsibility for Association funds and securities and shall be
res~nslble    for keeping     full and accurate    accounts    of all
receipts and di~bursements in books be]onging to the Association.
He shall be responsible for the deposit of ail moneys ana other
valuable effects in the name, and tol the credit of the Asso-
ciation in such depositories as may from time to time be des-
ignated by the Board of Directors.

                              All.TICLEVI

                     ODLIGAT.IONS      OF THE Ol'lNERS

      SECTION ONE:    ASSESSMENTS.    All owners and obligated to pay
monthly   assessments    imposed by the IAssociation     to meet all
project common expenses, The assessme~ts shall be made pro rata
according   to the percentage      assigned  to the unit owners, as
stipulated in the Decl.aration.       Such assessments  shall include

                                             J
monthly payments to a general operating reserve and a reserve
fund for replacements.
     Any common expenses associated wi h the maintenance, repair,
renovation,  restoration, or replacement  of any limited common
element shall he borne by the condo inium unit to which that
limited common element was assigned at the time such expenses
were made or incurred.                 I

     The amount of all common expenses not specially assessed
pursuant   to the Declaration,   less t:he amount of all common
profits,  shall be ass€ssed    aqainst ithe condominiun  units  in
proportion to the number of votes in t~e Unit OWners· hssociation
appertaining to each unit.   Such assessments shall be made by the
Unit Ownerst Association monthly, or more often if the Board of
Directors so provide.                   I
     SECTIOll TWO:    LIEN FOR   ASSESSJ.1ENTS. The Unit owners·
Association   shall have a lien on e'1ery condominium       unit for
unpaid   assessments  levied  against  ~hat condominium      unit   in
accordance with the provisions of the Condominium 1'.ctand all
lawful provisions of the condominium instruments, if perfected,
as hereinaftel provided.   The said l1erl, oncP. perfected, shall be
prior to all other liens and encumbz-anee» except, (1) real estate
tax liens on that unit, (2) liens and ~Incumbrances recorded prior
to the recordation of the declaration, and (3) sums unpaid on any
first mortgages of deeds of trust recrded      prior to the perfec-
tion of said lien for assessments      a d securing     irlstitutional
lenders.

     'l'heUnit Owners I Association, in order to perfect the said
lien for assessments, s~al1 file befor     the expiration of ninety
(90) days from the time such assessrnen became due anc payable in
the Clerkls Office of the Circuit Cou t of the City of Virginia
Beach, virginia,   a menorandum,    veri~.ed by the oath of the
principal officer of t~e Unit OWners I Association or such other
officer or officers as the Board of Dixectors may specify by
resolution which contabs    the informati n required by the Code of
Virginia, Section 55-79.84(c).
                                       l
     Any unit owner or purchaser of a condominium unit, having
executed a contract fo~ the disposition of the same, shall be
entitled upon request to a recordable statement setting forth the
amount of unpaid assessments currently levied against that unit.
such request shall be in writing, directed      to the principal.
officer of the unit OWners' Association or to such other officer




                                      -9-
                                       ..,Il {   J U "   n u ~ a r:s

as   the Doard of Director!'! may spe,::ifl.     Failure     to furnish   or
lI'Iakeavailable such a statement       within  five    ISJ business    days
from the receipt    of such request      Ehal[ extinguish      the lien  for
such assessments     as to the condomi.nhum       unit     involved.    Such
statement. shall be binding on the Unit OWners' Associationl             the
Board of Directors,    and every unit owher.         Payment of a fee of
ten doUar.s ($10.00}    t.li!y be required  ~s a pxc r equ.is Lt;e to issu-
ance of such a statement.                    I
       SECTION  THREE:     UNPAID  ASSESS~ENTS UPON FORECLOSURE.            When
the l1\ortgagee of a duly recorded          f~rst    mortqage    securing      an
institutional    lender or other purCbasejr of a unit obtains             title
to such unit by reason of foreclosure           of b duly recorded        first
mortgage securing an institutional        lender covering     the unit,     such
acquirer of title,     his successors,    bei~s, personal     representative
and assigns,     shall    not be liable     folr any unpaid       assessroents
against    an owner of the unit        for hils pro rata       share or for
expenses assessed      by the association     rhich   became due prior         to
the acquisition    of title    to such unit                  JY
                                                  such acquirer.

          SECTION   FOUR:   MAINTENANCE             AND RE~AIRS.

        (a)     Each owner of a unit              sha~aintain              the unit     and
 limited commonelements           in g-ood repairl and in such condition                 as
will preserve
value of the project.
                     the health     and safety               OJ
                                                          the unit owners and the

       (b]     Every o\'mer must perform promptly all maintenance                       and
repair     work within       his   own unit        and' limited        common elements
\-lhich1 if omitted,       would affect      the prdject       in its entirety        or in
a part belonging to other owners, being expressly                       responsible     for
the damages and liabilities                that     his    failure       t·o do so may
engen:ler.
       (c)      An owner shall         reimburse        the    Association        for   any
expenjitures       incurred    in repairing        or replacing        any co~mon area
or conmon facility        damaged through his ~ault or in performing any
oblig~tions      of an owner which he fails,                refuses     or neglects      to
perform.
       (d]     If at any time the owner ofl a unit                  fails     to pay his
monthly assessment          as provided         in these        Bylaws or fails          to
perform his maintenance,             repair,     or other        obligations       imposed
upon him by the Declaration,             these Bylaws or the administrative
rules and regUlations           adortcd    pursuan~ thereto,           the Association
shall     perform      such ohliqaHon          ar.d ~nitiate         legal     action    to
collect     the assessment or to effect            rei~ursement         for the expend~
itures made in carrying          out the delinqUrnt          owner's obligQ~ion.

          SECTION   FIVE:   USE   OF        U!-UTS; CHANGES.
                                         FAm!~Y
                                                  I
      (a)  All       units  shall be utili;ed    for single    family residen-
tial  purposes        only.   This restriction    I shall  not preclude   occu-
pancy of any         unit by unrelated     persons who 1ive together       as a
single family        unit.                        I
      (b}  No       unit may be leased for a teriod       of less than thirty
(30) days.
         (c)    An owner shall    not make st ucturc:l       modifications     or
alterations       in his unit or installations     located    therein   without
the prior        consent  of the Association     in writing,       through   the
management agent r if        any,   or the president       of the Board of
Directors       if no management agent is employed.           The Association
shall      have the obliqation      to answe r I within    thirty    days,   and
failure      to do so within the stipUlated    time shall mean that there
is no objection       to the proposed modification      or alteration.
         (d)   An owner shall   not paint or structurally        or aesthetic-
ally change the exterior       appearance of his unit without the prior
\o)ri tten conse nt of the Association.    as indicated     above.



                                                  -10-
       SECTION SIX.

      No unit owner shall use, or allow Jo be used, any utility
drainage   facilities
                            USE OF c:~~


                      comprising   general common elements    in
                                                                     AREAS         L      FACn.tTIES.

                                                                                                                                     or
                                                                                                                                    any
manner other than their   normal intended use.

        SECTIONSEVEN: RIGIIT OF ENTRY.

        (3)  Each ovne r hereby grants        the right    of entry     to the
management agent or to any other per so, authorized              by the Board
of Directors     or the Association      in case of an~ emergency orig-
inated in or threatening       his unit,    whether the owner is present
at the time or not.                              I
        (b) An owner shall     permit other 0rners,      or their    represen-
tatives,    when so required,     to enter his unit for the purpose of
installing,    altering,   or repairing     the II'TI~chani('al or electrical
services,    provided that    requests    for ~ntry are made in advance
and that such entry      is at a time con\lcroient tn the owner.              In
case of an emergency, such right of c t~y shall oe immediate.

       SECTION EIGHT:              RULESOF CONDUCT.
        (a)     Residents      and guests        shall     exercise     extreme care          in
making noises or using musical instrum~nts,                       radios,     televisions,
and amplifiers         that may disturb        other r~sidents.
        {b) No owner, guest,             lessee,     or ~ther person shall              corr~it
any act which will             result     in an Lncre ase in the rate                 of any
policy of insurance maintained by the Association,                        or violate        any
provision       in     re speot, to any policy I of hazard                   insurance        or
liabilit~·     insnrance      for the regime.
        (c)     No res:'dent       or guest       of the project         shall     post any
advertisements         or posters     of any kind iil or on the project                except
as authorized        by the Association.
        (d)     Hanging of garmets,            towels,      blankets,     rugs,      and the
like,     from the decks, porches,             balconies       or windows or from any
of the facades of the project               is prohibited.
        (el     Throwir.g of garbage             or tr~sh        outside     the disposal
installations         provided for such purposes in the service                      area is
prohibited.                                              I
        (f)     No owner, resident,             guest,      lessee,    or other        person
shall     install      wiring    for electrical         Of telephone installation,
television        antannae,      machines,      air    COr:ditioning units,           or the
like on the exterior            of the project        or that protrude          through the
walls or the roof of the project                    exc pt as authorized              by the
Association.                                             I
        (g)     No owner, guest,            or other         person    shall      paint     the
exterior      of his unit           without     authorfty        and approval         of the
Association,        it being intended         to presirve        and present a uniform
appearance        for tlle project.          No ownetij may otlierwise            alter     the
exterior     appearance of his unit.


                                                                                   l
        (h.     Garbage and all           refuse     shall      be deposited        only      in
commonreceptacle;           provided and maintaihed by tile Association;                     no
other     garbage       cans or containers           of any sort          may be placed
outside of any unit.
        (1) Recreatlonal          vehicles,     boats      nd trailers      rndY be parked
or left only in areas desiqnatd                by the Association.
        (j) Guest parking shall             be only in areas designated                by the
Association.
        (k)    No "for s aLe" or "for rent"                 signs shall be displayed
without the prior approval of the Assoc·ation.
        (1)    Each uT,it owner shall           maintain in a neat,            presentable
and sanitary        fashion all       limited     commo'nareas "lnder his control
or designated        for his use.




                                                             -11-




                            - -   _.   .   - --   -- ..-   -.- ,-.   _.   -   -------.---~-.- ----- ,.-----   - -..... -. ...   .   .,-
                            H~/J U a r.   u ~0   t
      (rn) No pets may be kept by any.
in writing by the Association.
                                             1I1i
                                                t owner unless approved
      Cn) Dusting or shakirg out of rug~, towels, bathing suits,
and the like £1:01.-1 Ui~ wind(iW5 or ba Lconf cc , or b~' beatin9 on th~
exterior part of the project Is prohibited.
      to} Motor vehicles m:lY be washed ~or cleaned only in such
areas, if any, as may be approved by the Association.
      (p) The Association shall have sol control of all planting
and landscaping and sol~ control of all atering. HI




      (q)  All sidewalks, entrances and stairways shall not be
obstructed or used for any other purpo5~ than ingress and egress.
      (r) The As~ocintion, by a vote of. a majority of all unit
owners at a duly convened ~eeting, may rdopt additional Jules of
conduct which shall be binding upon al unit owners as tUlly a~
if set forth in these Byla~s.

                              ARTICLE VII
           INCONSISTENCY    nE~EEN DECLA~'~ION           AND BYLAvlS
     In the event that any provision ofithese Bylaws is inconsis-
tent with or in conflict with any provision contained in the
condominium Declaration or any arnendmen~ thereof, the Declaration
shall control and govern and the inJonsistent or conflicti.ng
provision of these Bylaws shall be null and void and of 0:> effect
and no amendment of these Bylaw~ shall e necessary.

                             ARTICLE VIII
               AHENm~ENTS   TO PL1\N OF tJNIi         OWNERSHIP
     SECTION ONE:    BYLAWS.  These Bylat's may be amended by the
Association in a dUly constituted meet1ng for such purpose, and
no amendment shall take !:!ffectunlesS approved     in the manner
provided in the Declaration. Such amen~ment shall be recorded in
the Clerk1s Office of the Circuit couri of the City of Virginia
Beach Virginia.
     I                             n
                    Prior ,,"'rittenotic   of any proposed Bylaws
change shall be given in accord with A, ticle III, Section Seven
of these Bylaws.   Any amendment shall be subject to approval of
mortgagees as provided in the Declaration.

                              ARTICIsE IX

                              f.~ORTGAGEES
     SECTION ON~: N~rlCE ro ASSOCIATIO.     An owner who nortqages
his unit shall, in writiTsg, notify the Association through the
management agent, if any, or the pr~sident of the Board of
Directors in the event there is no management agent, the name and
address of his mortgagee~ and the Assoc~ation shall maintain such
information in a book entitled "Mortgag~es of Unitsn.




                                   -12-
                           UII   ~   ••••••     I .,   V     •




         SECTION TWO:  NOTICE OF UNPAID ASS ssasnrs ,    Mortgagees
  unde~ any first mortgage or first deed bf trust record encumber-
  ing a condominium unit and securinq an ~nstitutional lender shall
  be prQvided ~ritten not!fjr.~t:ion sPotting forth the amount of
  unpaid assessments currently levied aga[nst the unit securing its
  mortgage and a first mortgagee will be provided notice specifyinq
  any default under the condomi udum lnst~rments •••• is not cured
                                                    hich
  within   thirty (3Q) <lays. Such notlce s all be in writing sent bI'
  the principal officer of the Unit OWner      Association or such
                                                                 I

  other officer as the Doard of Director may specify.
       Any institutional first mortgagee I ho comes into possession
  of the unit pursuant to the remedies pr10vided in the mortqage, 0("
  foreclosure of the mortgage, or dead (or assignment) in lieu of
  foreclosure, shall take the property f~ee of any claims for
  unpaid assessments or charqes against the mortgaged unit which
  accrue prior to the time such holder cdmes into possession of the
  unit (except for claims for a pro rata Ishare of such assessments
  or charges resultinq from a pro rata r~allocation of such aSsess-
  ments or charges to all units inclUdini the mortgaged unit) •
       SECTION THREE:   RIGHT OF INSPECTIQN AND EXAMINATION.  The
  books, contracts, records, documents, ~ank statements, budget,
  audit reports, and papers of the Assoc~ation and all of the
  property of the project shall be subje~t to inspection, examina-
  tion and copying by all institutional first mortgagees of record
  or their duly authorized agents at all reasonable times.

                                     ARTICLE X

                                     INSURllNCE
       It shall be the responsibility of the Unit OWners1
  Ass~ciation to obtain and maintain in ~orce such policies of
  ins~rance as are required by the tecla~ation.  It shall be the
  responsibility of the Unit Owners' Assqciation to give prompt
  notice to each unit owner and to ~ach mortgagee holding a lien on
  any "nit of the obtaining, change in cdverage or cancellation of
  any such policy.                       I

                                 ARTICLE               XiI

                                 COHPLI ANCE ~
       These Bylaws are set forth to com ly with the requirements
  of the Virginia Condominium Act. In c se any of these Bylaws
  conflict with the provisions of that s atute, it is hereby agreed
  and accepted that the provisions of the statute will apply.
      IN WITNESS WHEREOF, the Declarant~ Seacrest Associates,             a
 Vir~inia general partnership, has caused these Bylaws to be
 executed in its name and on its behalf this this .;2l)rA day            of
  ~,      1984.
AU~(l~t
                                        SEACREST ASSOCIATES
                                        a Virqinia general partnership        ~



                                        .~~    General Partner




                                              -13-
                                                                       BY.~J~~~~~~~~~~~~~~~
                                                                            G



                                                                       By                     <+   I                   -l.~~{..,
                                                                            ~~~
                                                                              ecnrt'rtUCk;
                                                                            General Partner
      ST~TE OF VIRGINlh,
      CITY OF VIJlCINIA DEACH, to-wit:
           The   foregoing Byla~s were acknowledged         before me this
      29th day of August,    1984, by Robert F. ~erlucchi, general partner
      of Seacrest Associates,    a Vh:ginia gene1lralpartnership.

                                                                                            ~1f)l
                                                                            ----~~~~'~~YiPUbllc
                                                                                                       n     n '--D{,f).L.-
     Hy Comrnisslon                expires:
          'rl..G..L~q, /9~~

     S~~TE OF VIRGINIA,
     CITY OF VIRGINIA BEACH, to-wit:

          The foregoing Bylaws were acknowldged before me this I~/A
     day of September, 19a4, by J. Lawrence Inrownell and J. Carter
     Luck, general partners of Seacrest Associates,  a Virginia general
     partnership.                           I               ..

                                                                                       YY~,*-~~'r
                                                                                                                                              •..
     t-Sy Commission expires:                                                                                                   .~.

                                                                                                                                                     .   ...




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u
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(}   crlli/;cat~                        r
                    of IfcAnoUi/rJg11l~nl hu(!(o 1f,IrIUCfI. atlmirtrJ                 10   Tee ,d. ''Tlu tax imtosrJ by §1B-H.l                          of tbe Code,
z
I    has br~n pdiJ. in rh~       dmOllllr   01 J          .........................•                       () A   '_   "         ~
                                                                                                                                •••   l _ ._                   -1-.
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~    TESTe:        1. CURTISFRUIT.          cu,«                                                   ay: ~"b~A.b:-                                                      c.

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