This is not an "official version" of the document and is subject to change without notice. The official document can be obtained in the disclosure package via written request to the Eagle Landing Homeowners Association (ELHOA) Board at P.O. Box 506, Lancaster, Virginia 22503, along with a check made out to "ELHOA" in the amount of $100.00, pursuant to Section 55-512 of the Code of Virginia, within 14 days which includes copies of the Covenants and Restrictions, Bylaws, and Design and Environmental Standards for Eagle Landing.
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Article 2 - Eagle Landing Community Area
Section 1. Lot Owners' Easements. Every Lot Owner is granted and shall have a right and easement to use and enjoy the Eagle Landing Community Area which shall be appurtenant to and shall pass with title to every Lot subject to the following provisions:
(a) The right of the Association to charge reasonable admission and other fees for the use of any facility which may be situated upon the Eagle Landing Community Area from time to time;
(b) The right of the Association to suspend a Lot Owner's voting rights and right to use any of the Eagle Landing Community Area for any period in which the Lot Owner is in default in the payment of any assessment against his Lot. Additionally, such rights may be suspended by notice from the Board of Directors for a period not to exceed sixty (60) days for any single and non recurring infraction of the Association's published rules and regulations or breach of or default under any of the covenants or provisions of the Declaration. If any such infraction; breach or default is continuous or recurring, then such rights may be suspended for a period commencing on the date the Lot Owner is given notice of the cause for such suspension and ending not more than sixty (60) days after the date such infraction, breach or default ceases or is remedied;
(c) The Declarant's Utility Rights;
(d) The right of the Association, subject to the Declarant's Utility Rights, to dedicate or transfer all or any part of the Eagle Landing Community Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such transfer or dedication except for the dedications or transfer of utility easements by the Association or any dedication or transfer made in the exercise of the Declarant's Utility Rights shall be effective unless approved by more than two-thirds (2/3) of the votes entitled to be cast by all of the members of the association;
(e) The rights of parties holding rights under easements reserved; and
(f) Other rights of the Declarant set forth in this Declaration
Section 2. Declarant's Marketing Rights. Notwithstanding any provisions contained in the Declaration to the contrary, so long as construction and initial sale of Lots shall continue, it shall be expressly permissible for Declarant and Declarant hereby reserves an easement to maintain and carry on upon portions of the Eagle Landing Community Area and Lots which it owns such facilities (including sales and business offices, model units, and sales and marketing pavilions) and activities as, in the sole opinion of the Declarant, may be reasonably required, convenient, or incidental to the construction of sale of property within Eagle Landing, and the Declarant shall have an easement for access to such facilities. The right to maintain and carry on such facilities and activities shall include, specifically, the right to USC Lots owned by the Declarant and any clubhouse, pavilion, or community center which may be owned by the Declarant or the Association as models and sales offices, respectively.
Section 3. Improvements. The Declarant or the Association shall have the right, but not the obligation, to develop or improve the Eagle Landing Community Area for the use and benefit of the residents in Eagle Landing including the right to do the following:
(a) make access trails, paths, boardwalks, bike trails and jogging trails throughout the Eagle Landing Community Area and all improvements incident thereto;
(b) develop and make playgrounds and playing fields with related activities, in addition to those which are part of the Recreational Facilities;
(c) protect the Eagle Landing Community Area from erosion by planting trees, plants and shrubs and by the construction and maintenance of siltation and detention basins and other means deemed appropriate including cutting fire breaks and removal of vegetation and trees;
(d) exercise, by the Declarant only, of Declarant's Utility Rights; and,
(e) make any and all other improvements to Eagle Landing Community Area as the Declarant or the Association may deem appropriate.
Section 4. Maintenance of Community Areas. No dumping of trash, garbage, sewage, sawdust or any unsightly or offensive materials (except in receptacles placed for such purpose) shall be permitted or placed upon the Eagle Landing Community Area except as ls temporary and incidental to the bonafide improvements of the Eagle Landing Community Area in a manner consistent with its classification as Eagle Landing Community Area.
Section 5. No Public Rights. The granting of the easements In the Eagle Landing Community Area in this Article in no way grants to the public or the owners of any land outside of Eagle Landing the right to enter any part of the Eagle Landing Community Area. The creation of the Eagle Landing Community Area in no way shall be deemed or construed to be a dedication of such areas for the general public welfare or use.
Section 6. Delegation of Use. Any Lot Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Eagle Landing Community Area and facilities thereon to the members of his family, contract purchasers who reside on the Lot, his guests when accompanied by the Lot Owner, and unaccompanied guests if authorized by the Board of Directors. If a Lot Owner leases an Improved Lot, the Owner's right of enjoyment to the Eagle Landing Community Area and facilities thereon shall be automatically delegated to the Lot Owner's tenants.