Riverwood Owners Association, Inc Ballot Measures October 10, 2018

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1 Riverwood Owners Association, Inc Ballot Measures October 10, Board of Directors Nominees M. Ruth Debrito (Incumbent) James R Taylor III (Incumbent) Michelle Pinero Gregg Conklin 1. Amend the Declaration to establish Due Process Procedures for Enforcement of Covenants and Rules of the Association. The Board of Directors recommends you vote For an amendment to the Declaration of Covenants, Restrictions, Reservations and Easements of Riverwood Subdivision, which would grant authority to the Board of Directors to establish Due Process Procedures for Enforcement of Covenants and the Rules and Regulations of the Association. The amendment would effectively grant the Board of Directors authority to assess charges and/or fines for non-compliance with the By-Laws and/or the Rules and Regulations of the Association. 2. Amend the Rules and Regulations to allow the Installation and Use of Solar Energy Collection Devices. The Board of Directors recommends you vote For an amendment to the Rules and Regulations to allow the installation and use of solar energy collection devices for the production of electricity and heating for single-family unit. Devices may not be installed or used to produce electricity and/or heating for multiple units or collection of units, and only on the rear side of the roof of the dwelling. 3. Amend the Rules and Regulations to Prohibit Farm Animals and Live Stock. The Board of Directors recommends you vote For an amendment to prohibit farm animals and livestock in Riverwood subdivision. Farm animals and livestock include, but are not limited to: chickens, roosters, pigs, hogs, cows, bulls, etc. 4. Application for Variance to Install LED (Digital) Sign within Riverwood Subdivision. The Board of Directors recommends you vote For an Application for Variance to install a digital (LED) sign at the entrance to Riverwood subdivision to alert homeowners to activities, important notices, and conditions warranting special notice to residents of the subdivision. Faithfully Submitted, James R Taylor III, President Riverwood Owners Association, Inc.

2 AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RIVERWOOD SUBDIVISION (Due Process) This AMENDMENT TO DECLARATION is made this day of, 2016, by the Members of Riverwood Owners Association, Inc. (the Association ), the Association to be indexed as Grantor and Grantee for recordation purposes. WITNESSETH: WHEREAS, Boyce-Widener, Ltd., a Virginia corporation ( Declarant ) created Riverwood Subdivision by Declaration of Covenants, Restrictions, Reservations and Easements of Woodlands of Nansemond ( Declaration ), dated April 3, 1998, and recorded on or about that date in the Clerk s Office of the Circuit Court of the City of Suffolk, Virginia ( Clerk s Office ), in Deed Book 592, Page 445, and the same has been or may be amended from time to time; and WHEREAS, the Declarant thereafter created Riverwood Owners Association, Inc. by Articles of Incorporation dated July 13, 1998, and submitted to and certified by Virginia s State Corporation Commission on July 20, 1998, after which the Declarant caused to be adopted Bylaws of Riverwood Owners Association, Inc.; and WHEREAS, the Association s Owners believe it is in the best interests of the Association to amend the Declaration to adopt due process hearing procedures; and WHEREAS, the Declaration may be amended by a vote of two-thirds (2/3) of the votes in the Association pursuant to Section 9.2 of the Declaration; and WHEREAS, this Amendment shall be effective upon recordation in the Clerk s Office pursuant to Section F of the Code of Virginia, 1950, as amended (a provision of Virginia s Property Owners Association Act. Tax Account Nos.: See Exhibit A (too numerous to list) Prepared By and Return To: Sarah R. Palamara, Atty., PLLC Carrollton Boulevard, Suite H Carrollton, VA Page 1 of 4

3 NOW, THEREFORE, the Association does hereby amend its Declaration as follows: 1. Article IX, entitled General Provisions, shall be amended to a new Section, Section 9.12, entitled Due Process, to read as follows: Section Due Process. a. Additional Enforcement Provisions. In addition to all other enforcement provisions set forth in the Association s Declaration, other recorded documents or available by law, the Association hereby expressly adopts and incorporates in the Declaration the provisions of Section of Virginia s Property Owners Association Act ( POAA ), regarding compliance with the Declaration, and Section of the POAA, regarding the adoption and enforcement of Rules and Regulations and the Declaration, as both provisions may be amended from time to time, and the Board of Directors reserves the right to adopt by rule or regulation due process hearing procedures which will govern the Association s covenant enforcement activities in addition to those provided in this Section. The Board of Directors shall have the power to assess charges against any Lot Owner for any violation of the Declaration or Rules and Regulations for which the Lot Owner or the Owner s family members, tenants, guests, or other invitees are responsible. 2. All provisions of the Declaration not expressly amended herein shall be and remain in full force and effect. [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 2 of 4

4 CERTIFICATION REQUIRED BY VIRGINIA CODE F The undersigned President of the Association does hereby certify that this Amendment has been approved by a vote of not less than two-thirds (2/3) of the votes in the Association as required by Section 9.2 of the Declaration, such evidence on file with the Association, and the undersigned President further certifies that the requisite majority of the Lot Owners signed the Amendment or ratifications thereof, both certifications required by Section F of the Virginia Property Owners Association Act. EXECUTED on the date first written above by the duly authorized officer of the Association. RIVERWOOD OWNERS ASSOCIATION, INC., a Virginia Nonstock Corporation By:, President COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF, to wit: The foregoing instrument was acknowledged this day of, 2016, before me, the undersigned Notary Public, by, President of Riverwood Owners Association, Inc. Notary Registration Number: Notary Public My Commission Expires: Page 3 of 4

5 AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RIVERWOOD SUBDIVISION (Due Process) Exhibit A: Tax Account Nos. [TO BE COMPLETED UPON ADOPTION OF THE AMENDMENT BY THE OWNERS] Page 4 of 4