ARTICLES OF INCORPORATION FOUR SEASONS AT CHARLOTTESVILLE COMMUNITY ASSOCIATION, INC. ARTICLE I NAME OF CORPORATION

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1 ARTICLES OF INCORPORATION OF FOUR SEASONS AT CHARLOTTESVILLE COMMUNITY ASSOCIATION, INC. ARTICLE I NAME OF CORPORATION The name of the corporation is FOUR SEASONS AT CHARLOTTESVILLE COMMUNITY ASSOCIATION, INC., hereinafter called the "Association" which is hereby incorporated as a non-stock corporation pursuant to Chapter 10 of Title 13.1 of the Code of Virginia (1950) (the "Act"). ARTICLE II INITIAL REGISTERED OFFICE The initial registered office of the Association is located in Fairfax County, Virginia at 4090-A Lafayette Center Drive, Chantilly, Virginia ARTICLE III INITIAL RESIDENT AGENT The name and address of the initial resident agent of the Association is Anthony Herring, 4090-A Lafayette Center Drive, Chantilly VA He meets the requirements of Section of the Act by reason of the fact that he is a resident of Virginia and an officer of the Association. ARTICLE IV POWERS AND PURPOSES This Association does not contemplate pecuniary gain or profit, direct or indirect to the Members thereof, and the specific purposes for which it is formed are to establish a flexible and reasonable procedure for the overall maintenance and preservation of the Properties subject to the Declaration of Covenants, Conditions and Restrictions for Four Seasons at Charlottesville Community Association, Inc., including such additions thereto as may be hereafter brought within the jurisdiction of the Association, and to promote the health, safety and welfare of the Owners of the Properties and any additions thereto as may hereafter be brought within the jurisdiction of this Association. For this purpose, the Association shall have the power and authority to:

2 (a) Exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in the Declaration of Covenants, Conditions and Restrictions for Four Seasons at Charlottesville Community Association, Inc., hereinafter called the "Declaration", made by North Charlottesville Development LLC and K. Hovnanian's Four Seasons at Charlottesville, L.L.C. (collectively, the "Declarant"), and applicable to the property described therein (the "Properties") and recorded, or to be recorded among the Land Records of Greene County, Virginia, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth in full and made a part hereof; (b) Fix, levy, collect and enforce payment by any lawful means, of all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith, including all office expenses, licenses, taxes or governmental charges levied or imposed against the Properties of the Association and all other expenses incident to the conduct of the business of the Association; (c) Acquire (by gift, purchase or otherwise), 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 Association; (d) Borrow money, and with the assent of a majority of the Members, mortgage, pledge, deed in trust, or hypothecate any or all of the real or personal property owned by the Association as security for money borrowed or debts incurred; (e) Dedicate, sell or transfer all or any part of the Common Area to any person, entity, public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless a majority of the Members have consented to such dedication, sale or transfer; (f) Participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of a majority of the Members, unless the Declaration or Bylaws provides otherwise; (g) Have and exercise any and all powers, rights and privileges which a non-stock, nonprofit corporation organized under the laws of the Commonwealth of Virginia by law may now or hereafter have or exercise. Terms not otherwise defined herein shall have the meaning attributed to them in the Declaration. ARTICLE V NO CAPITAL STOCK

3 This Association is not authorized to issue any capital stock and shall not be operated for profit. The Association does not anticipate distributing dividends, gains or profits to its Members. No Member shall have any personal liability for the debts or obligations of the Association. ARTICLE VI MEMBERSHIP Every Person who is a record owner of a fee or undivided fee interest in any Dwelling Unit within Four Seasons, including contract sellers, shall be a Member of the Association; provided that any such person or entity who or which holds such interest merely as security for the performance of an obligation shall not be a Member. Membership shall be appurtenant to, and may not be separated from, ownership of any Dwelling Unit, which is, or may in the future, be subject to assessment by the Association. ARTICLE VII VOTING RIGHTS Every Owner shall be a Member of the Association and shall hold one (1) membership for each Dwelling Unit owned. If a Dwelling Unit is owned by more than one (1) Person, one (1) individual shall be designated by all of the Owners of a Dwelling Unit to be the "Voting Member" with respect to such Dwelling Unit. If no designation is made and more than one (1) person seeks to be the Voting Member for a Dwelling Unit, the Board may either recognize one (1) individual as the Voting Member or suspend the vote for the Dwelling Unit until the issue has been resolved. During the Declarant Control Period, all of the voting rights of the Owners at any meeting of the Members of the Association or otherwise shall be vested exclusively in the Declarant, and Owners other than the Declarant shall have no voting rights. After the end of the Declarant Control Period, All of the voting rights at any meeting of the Members of the Association or otherwise shall be vested in the Voting Members and each Voting Member shall have one (1) vote for each Dwelling Unit which the Voting Member represents. ARTICLE VIII RIGHT OF ENJOYMENT Each Resident shall have the non-exclusive right and easement to use and enjoy the Common Area, such rights and easements shall run with the land, be appurtenant to and pass with the title to every Dwelling Unit, subject to the terms and conditions of the Declaration. ARTICLE IX BOARD OF DIRECTORS

4 The names and addresses of the persons who are to initially act in the capacity of Directors until the selection of their successors are: 1. Anthony Herring 4090-A Lafayette Center Drive Chantilly VA Mary Dixon 4090-A Lafayette Center Drive Chantilly VA Jeff Braillier 4090-A Lafayette Center Drive Chantilly VA During the Declarant Control Period, the Declarant may from time to time appoint one (1) or more Owners to act as non-voting counselors to the Board or as Voting Members of the Board. ARTICLE X DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of the Members, which approval shall not be unreasonably withheld or delayed. Written notice of a proposal to dissolve, setting forth the reasons therefore and the disposition to be made of the assets (which shall be consonant with this ARTICLE X) shall be mailed to every Member not less than fourteen (14) days nor more than sixty (60) days in advance of any action to be taken. Upon dissolution of the Association, other than that incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. This Association shall exist perpetually. ARTICLE XI DURATION ARTICLE XII AMENDMENT

5 Prior to the conveyance of the first Dwelling Unit to an Owner, Declarant may unilaterally amend these Articles of Incorporation. After the conveyance of any Dwelling Unit to a Home Owner, Other than amendments which may be executed unilaterally by the Declarant during the Development Period in the exercise of its Development Rights, or amendments executed by the Association, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of sixty-six and two thirds percent (66-2/3%) of the total votes in the Association, and the consent of the Declarant during the Development Period. During the Development Period, the Declarant may unilaterally amend these Articles of Incorporation if such amendment is necessary (i) to bring any provision into compliance with any applicable governmental statutes, rule, regulation, or judicial determination, (ii) to enable any reputable title insurance company to issue title insurance coverage on the Dwelling Units; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example the Fannie Mae or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Dwelling Units; (iv) to enable any reputable private insurance company to insure mortgage loans on the Dwelling Units; (v) to satisfy the requirements of any local, state or federal governmental agency for the development, marketing, and sale of Dwelling Units or (vi) to correct errors, or resolve inconsistencies or ambiguities. Notwithstanding the above, The percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Amendments to these Articles of Incorporation shall be prepared, executed, recorded and certified by the President of the Association. No amendment may remove, revoke, or modify any right or privilege of the Declarant without the written consent of the Declarant during the Development Period. If an Owner consents to any amendment to these Articles of Incorporation, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon filing with the Virginia State Corporation Commission, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within one (1) year of its effective date or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of these Articles of Incorporation. ARTICLE XIII DIRECTOR AND OFFICER LIABILITY No Director or officer of the Association shall be liable to the Association or to its Members for money damages except (1) to the extent that it is proved that such Director or officer

6 actually received an improper benefit or profit in money, property or services, for the amount of the benefit or profit in money, property or services actually received, or (2) to the extent that a judgment or other final adjudication adverse to such Director or officer is entered in a proceeding based on a finding in the proceeding that such Director's or officer's action, or failure to act, was (a) the result of active and deliberate dishonesty, or (b) intentionally wrongful, willful or malicious and, in each such case, was material to the cause of action adjudicated in the proceeding. IN WITNESS WHEREOF, the incorporator of the Association has signed these Articles of Incorporation this 16th day of January, Donna M. McMillan, Incorporator

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