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BK 20430 0075
AMENDMENT TO DECLARATION OF COVENANTS
AND RESTRICTIONS
FOR
EVANS MILL POND OWNERS' ASSOCIATION
THIS AMENDMENT to the Declaration of Covenants and Restrictions for Evans
Mill Pond Owners'Association is made this
z3 day of
ft'~
,200.(, by
the Evans Mill Pond Owners'Association, hereinafter referred to as "Association ."
WIT N E SSE T H:
WHEREAS,
the
Declarant, McLean Farm Associates,
a Virginia limited
partnership ("Declarant"), executed the Declaration of Covenants and Restrictions for
Evans Mill Pond Owners' Association ("Association"), located in Fairfax County,
Virginia, and caused such documents to be recorded in Deed Book 5566, Page 0123,
et ~., among the Land Records of Fairfax County, Virginia ("Declaration"); and
WHEREAS, Article X, Section 4 of the Declaration provides that the Declaration
may be amended by recording an agreement (consisting of the amendment and any
ratifications thereof) signed by not less than seventy-five percent (75%) of the Lot
Owners;
WHEREAS, Lot Owners representing at least seventy five percent (75%) of the
Lot Owners in the Association have voted in the affirmative to approve this Amendment
to the Declaration, as evidenced by the certificate and signatures attached hereto.
~/
BK 20430 0076
NOW THEREFORE, in accordance with the Declaration of Covenants,
Conditions and Restrictions, and Section 55-515.1 of the Virginia Property Owners'
Association Act, the Declaration is hereby amended as follows:
1.
Article VI, Section 2 of the Declaration (Leasing) is hereby amended to
revise the leasing reastrictions as follows (additions in italics):
Section 2. Leasing.
(a) No Lot or portion thereof shall be used as a rooming house, boarding
house or hotel. No Lot shall be rented or leased except as a whole or
for any period less than six (6) months. No Lot shall be leased except
pursuant to a written lease expressly providing that the rights of the
tenants thereunder shall be subject to this Declaration and to the
Association's Articles of Incorporation, Bylaws, Rules and Regulations.
A copy of the lease shall be delivered by hand or mailed, first class
postage prepaid, to a Director of the Association. This Section does
not apply to a Lot while the Owner thereof is a former Mortgagee of
that Lot, provided that Mortgagee is an institutional lender.
(b) No Lot Owner may convey his Lot to any person who does not agree in
writing to occupy the Lot as a principal residence for a period of at
least one (1) year prior to entering into any lease or rental agreement.
In addition, no Lot Owner purchasing their Lot after the date of
recordation of this amendment may lease their Evans Mill Pond home
unless they have resided in that home as their principal residence for
V
BK 20430 0077
at least one (1) year prior to renting that home.
The foregoing
provisions of this Paragraph, shall not apply to a Mortgagee in
possession of a Lot as a result of foreclosure, judicial sale, or a
proceeding in lieu of foreclosure, or to any Lot Owner who is currently
leasing or renting their Lot, at the time of recordation of this
Amendment .
2.
EXCEPT as modified by this Amendment, the Declaration remains
unchanged and in full force and effect, and this Amendment shall be effective as of the
date it is recorded in the land records of Fairfax County, Virginia.
IN WITNESS WHEREOF, the the President of the
Evans Mill Pond
Owners'Association has executed this Amendment to the Declaration on behalf of the
Association and hereby certifies that this Amendment to the Declaration was duly
adopted by the required percentage of Lot Owners, whose signatures are attached
hereto.
EVANS MILL
ND
OWNERS' ASSOCIATION
By:
Date:
r<....
t..A{2.P-'1
W'N,eftPresident [printed name]
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2...3,)
2... 003
V
BK 20430 0078
CERTIFICATE OF THE PRESIDENT OF
EVANS MILL POND OWNERS' ASSOCIATION
In accordance with Article X, Section 4 of the Declaration of Covenants and Restrictions
of Evans Mill Pond Owners' Association and Section 55-515.l of the Code of Virginia, 1950 ed.
(as amended) a provision of the Property Owners' Association Act (the "Act"), the Declaration
may be amended by the agreement of Lot Owners owning three-fourths (3/4) of the Lots at
Evans Mill Pond. The President hereby certifies that the Lot Owners owning three-fourths (3/4)
of the Lots at Evans Mill Pond have ratified and affirmed their consent in writing to this
Amendment. This Certificate is recorded for the purpose of conforming to Section 55-515.1 of
the aforementioned Act and hereby accompanies the attached Amendment to the Declaration of
Covenants and Restrictions of Evans Mill Pond Owners' Association.
By:
COMMONWEALTH OF VIRGINIA
COUNTY OF FAIRFAX
A " -~
~~
6-::~
Thomas M. Hogan. P'r~i ~
Evans Mill Pond Owners' Association
to wit:
I, nb-C:O;+h t--1D..\-h.e-~a Notary Public in and for the County aforesaid, in the
Commonwealth of Virginia. do hereby certify that the President of Evans Mill Pond Owners'
Association, Thomas M. Hogan, whose name is signed to the foregoing Certificate, this day
personally appeared and acknowledged the same before me in the County and Commonwealth
aforesaid.
GIVEN under my hand this the ~ day of _ _
f-'1_u_v_C
=""_ _ _ _ _ • 2009.
~ f) 1.R d.i:t-i v;...,Q.!:tut
NOTARY PUBLIC
Lvet. S- Co·,...·,; )"r, \Y1e
My Commission Expires: _ _O}---'.'_-s--=o=-.....:I;;>=---01--,--1_ _ _ _"--__
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