For an official copy please see main office, the web version is for reference only.
The Four Winds Club, Inc.
A private Membership Recreation Vehicle and Public Golf Course Resort
1986
Restated and Amended
Articles of Incorporation
By-Laws
Declaration of Covenants, Conditions and Restrictions
P. O. Box 7, Rappahannock Academy, VA 22538
804-742-5739
MEMBERS PLEASE NOTE
The restated and amended Articles of Incorporation, By-Laws, Declaration of Covenants, Conditions
and Restrictions, were considering at a meeting of the Board of Directors held August 2, 1986 at
which
meeting the amendments were approved by unanimous vote of the Directors. The Board
recommended
that the members approve the Articles of Amendment.
At a duly constituted special meeting of the membership of the Four Winds Club held September 14,
1986, at which a quorum of a Class A Members. There existed no Class B Members as of the date of
the special meeting of the Members.
At a regular meeting of the Board of Directors held Saturday, January 17, 1987 it was unanimously
agreed to notify the members to take particular note of these governing laws, rules and regulations
that
have been in effect since the Club’s inception and are now restated and amended and to know that it
is
in the intent of the Board of Directors on behalf of the interest of all members to strictly enforce them
by any lawful means. Please govern yourselves accordingly.
Please note that the restated document are required to include some of the history; for example: The
initial registered agent and the initial Board of Directors, however, they include all of the new
amendments that you, the members have agreed to and approved at your special meeting in
September
1986.
The current registered agent for purposes of legal notification is:
Herbert L. Richardson Jr.
The Four Winds Club Inc.
P. O. Box 7
Rappahannock Academy, VA 22538
804-742-5739
General correspondences and inquiries may be directed to either the Board of Directors or the
General
Manager at:
The Four Winds Club Inc.
P. O. Box 368
Rappahannock Academy, VA 22538
Telephone: 804-742-5739
1986
Articles of Incorporation,
By-Laws,
Declaration of Covenants, Conditions and Restrictions
TABLE OF CONTENTS
Articles of Incorporation Page
I – Name 1a
II – Registered Office ( The Initial RO) 1a
III – Registered Agent ( The Initial RA) 1a
IV – Purposes and Powers 1a
V – Membership 3a
VI – Voting Rights 4a
VII – Board of Directors ( The Initial Board ) 4a
VIII – Liabilities 5a
IX – Mergers & Consolidations 5a
X – Authority to Mortgage 5a
XI – Authority to Dedicate 6a
XII – Dissolution 6a
XIII – Amendments 6a
By-Laws
I – General 1b
II – Definitions 1b
III – Membership 1b
IV – Meeting of Members 4b
V – Member Voting Procedures 5b
VI – Board of Directors 7b
VII – Meetings of Board of Directors 11b
VIII – Indemnification of Directors & Officers 13b
IX – Standing Committees 15b
X – Board Committees 16b
XI – Principal & Subordinate Officers 18b
XII – Duties of Principal Officers 19b
XIII – Keeping Books & Records 20b
XIV – Miscellaneous 21b
XV – General Provisions 22b
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Declaration of Covenants, Conditions and Restrictions Page
Declaration 1c
I – Definition 2c
II – Membership 3c
III – Voting Rights 3c
IV – Property Rights 4c
V – Covenants for Annual Dues and Special Assessments 5c
VI – Holiday Site Maintenance 10c
VII – Environment Preservation 10c
VIII – Use Restrictions 12c
IX – Parking Spaces and Traffic 15c
X – Easements 15c
XI – Annexation of Additional Properties 16c
XII – New Declaration 16c
XIII – Rights of Others 17c
XIV – General Provisions 18c
iii
(Revised)
ARTICLES OF INCORPORATION
OF
THE FOUR WINDS CLUB, INC.
ARTICLES OF INCORPORATION
OF THE FOUR WINDS CLUB, INC.
We the undersigned, do hereby associate to form a Non-Stock Corporation under the provisions
of Chapter 2 of Title 13.1 of the Code of Virginia, as amended and to that set forth as follows:
ARTICLE I
Name
The name of the corporation is THE FOUR WINDS CLUB, INC. hereafter called the "CLUB".
ARTICLE II
Registered Office
The post office address of the Initial Registered Office of the Club is 6823 Bland Street,
Springfield, Virginia, which is in Fairfax County, Virginia.
ARTICLE III
Registered Agent
The name of the initial Registered Agent of the Club Is Matthew Clary, a resident of the State of
Virginia and a member of the Virginia State Bar, and whose office address is 6823 Bland Street,
Springfield, Virginia, which is in Fairfax County, Virginia.
ARTICLE IV
Purposes and Power
The Club is formed to provide for the ownership, maintenance, improvement, preservation,
security, operation, management, control and regulation of roads, road easements, walkways, riding
trails, lakes, beaches, comfort stations, the golf course, driving range, docks and related facilities,
club
houses and pavilions, swimming pools, tennis courts, parks and playgrounds, and such other
common
or recreational facilities or areas within the Four winds Subdivision, Caroline County, Virginia, as may
have been dedicated or may be dedicated and/or conveyed to the Club. To promote the recreation,
health, safety, and welfare of the members and their guests upon the above-named subdivision (and
such additions thereto as may be brought within the province of the Club as provided in the By-Laws);
to exercise architectural and esthetic's control and supervision over any
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Structures to be constructed or maintained or over any modifications to the natural environment within
the subdivision except as may be constructed, maintained, or made by any other person or
appropriate
utility companies for electrical service and water at Holiday Site and for electrical, water and sewage
service for common or recreational facilities and areas furnished as an incidence of membership in
the
Club, to assist in the enforcement of such regulations governing camping sites as may be
promulgated
from time to time by the Bureau of Tourist Establishment Sanitation, Department of Health,
Commonwealth of Virginia, and/or authorities lit this State or of Caroline County, Virginia; and to do
any other thing, not prohibited by law or required to be stated in these Articles, deemed necessary,
convenient, or desirable to maintain the subdivision in good condition, operation, or repair Or to
improve the same; and for these purposes to:
(a) Exercise all of the powers and privileges and to perform all of the duties and obligations of
the Club as set forth in a certain Declaration of Covenants, Conditions and Restrictions, hereinafter
called the 'Declaration', recorded in the Office of the Clerk of the Circuit Court of Caroline County,
Virginia, and as the same may from time to time be applicable to portions of the subdivision and
additions thereto, which Declaration may be amended from time to time, as set forth therein;
(b) Annex any additional properties and common or recreational areas or facilities to the
properties designated in the manner provided for in the said Declaration;
(c) Fix, levy, collect and enforce payment of, by any lawful means, all charges or
assessments made or imposed pursuant to the provisions of said Declaration; and, pay all
expenses in connection therewith and all office and other expenses incident to the conduct of
the business of the Club, including all licenses, taxes, or governmental charges levied or
imposed against the operation and property of the club;
(d) Acquire (by gift, purchase, or otherwise), own, hold, improve, build upon, operate, maintain,
convey, sell, transfer, dedicate for public use or otherwise dispose of real or personal property in
connection with the affairs of the Club;
(e) Borrow money, mortgage, pledge, deed of trust, or hypothecate any or all of its real or
personal property as security for money borrowed or debts incurred; and
(f) Have and to exercise any and all powers, rights, and privileges which a corporation
organized under the Non-Stock Corporation Laws of the State of Virginia by law may now or
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hereafter have or exercised, and to have and exercise all of the powers and privileges and to perform
all
of the duties and obligations of the Club as set forth in the said Declaration, as the same may be
amended from time to time.
ARTICLE V
MEMBERSHIP
The Club shall have the following classes of members:
(a) Class 1 Members. Every person or entity who is or becomes a record owner of a fee,
or undivided fee interest in any lot or holiday site which is subject to the above mentioned
Declaration,
as then amended, except Class 2 and Class 3 Members, shall be a Class 1 Member of the Club. All
persons or entities purchasing property subject to this Declaration, by their acceptance of their Deed,
agree to and thereby become Class 1 Members; provided, however, the foregoing is not intended to
include persons or entities who hold an interest merely as security for the performance of an
obligation,
nor trustees under any instrument securing such obligation.
(b) Class 2 Members. Class 2 membership and the rights and privileges thereof shall be
extended to all persons or entities who are the owners of holiday sites subject to a Declaration filed
after the effective date of these amendments (hereinafter referred to as "New Declaration"). All
persons
or entities purchasing properties subject to this New Declaration, by their acceptance of their Deed,
agree to and, thereby become, Class 2 members; provided, however, the foregoing is not intended to
include persons or entities who hold an interest merely as security for the performance of an
obligation,
not trustees under any instrument securing such obligations.
Class 3 Members. Class 3 membership, and the rights and privileges thereof shall be extended
to all persons or entities who own in excess of ten (10) lots or holiday sites with rights and privileges
as
may be provided for in the By-Laws.
Class 4 Members. Class 4 membership and the rights and privileges thereof may be extended to
persons who are not owners of lots or holiday sites within the Four winds Subdivision, as may be
provided by the By-Laws.
(e) A lot of holiday site shall not have more than one (1) membership, but a single membership
may be shared by all owners of a lot or holiday site. Class 1 and Class 2 Membership shall be
appurtenant to and not separated from ownership of any lot or holiday site which is subject to the
above-mentioned Declaration. Ownership of a lot shall be the sole qualification for Class 1 or Class 2
Membership.
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ARTICLE VI
Voting Rights
The members of the Club shall have the following voting rights:
(a) Class 1 Members. Class 1 Members of the Club shall have such voting rights as may be
provided in the By-Laws.
(b) Class 2 Members. Class 2 Members of the Club shall have such voting rights as may be
provided in the By-Laws.
(c) Class 3 Members. Class 3 Members of the Club shall have such voting rights as may be
provided in the By-Laws.
(d) Class 4 Members. Class 4 Members of the Club shall have such voting rights as may be
provided in the By-Laws.
ARTICLE VII
Board of Directors
The affairs of the Club shall be managed by the Board of Directors, who need not be members
of the Club. Prior to the first annual meeting of the members of the Association, there shall be four (4)
members of the Board of Directors; and thereafter, the number of Directors may be changed in
accordance with the By-Laws of the Club. The names and addresses of the initial Directors are as
follows:
Matthew Clary
5004 Wakefield Chapel Road
Annandale, Virginia
Barry T. Murphy
13702 McGill Drive
Chantilly, Virginia
James A. Woodmancy
P.O. Box 257
Stafford, Virginia
At the first annual meeting, and at each annual meeting thereafter, the members shall elect
Directors for a term of one year; but the Directors may, be majority vote of the remaining members of
the Board, elect Directors to fill an unexpired term in the event of a vacancy.
The initial Board of Directors of the Club will have the power to establish By-Laws for the
governing of the affairs of the Club.
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Said By-Laws shall provide for an annual meeting of the membership of the Club.
The By-Laws of the Club may be amended or repealed by a majority of all votes cast at a
meeting at which a quorum is present.
Until January 1, 1989, the directors of the Club shall be divided into two Classes:
(a) Class A directors shall be elected by Class 1 and Class 2 members.
(b) Class B directors shall be appointed by Class 3 members; provided, however, in the
event that Class 3 members fail to appoint Class B directors by 10:00 A.M. on the date of the Annual
Membership Meeting, then Class B directors shall be elected by Class 1 and Class 2 members.
After January 1, 1989, directors shall be elected by all members with voting rights without
regard to Class.
ARTICLES VIII
Liabilities
The highest amount of indebtedness to which the Club may be subject at any one time shall not
exceed 150% of its gross income for the previous fiscal year; provided, however, that additional
amounts may be authorized by a majority of all votes cast at a meeting at which a quorum is present.
ARTICLE IX
Mergers and Consolidations
To the extent permitted by law, the Club may participate in mergers and consolidations with
other non-stock corporations organized for the same purposes; provided, that any such merger or
consolidation shall be approved by a majority of all votes cast at a meeting at which a quorum is
present.
ARTICLE X
Authority To Mortgage
A mortgage or other encumbrance by the Club of the common or recreational areas or facilities
then subject to the Declaration or any part thereof shall be approved by a majority of all votes cast at
a
meeting at which a quorum is present.
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ARTICLE XI
Authority to Dedicate
The Club shall have the power to dedicate, sell, or transfer all or any part of the common or
recreational areas or facilities to any other association, individual, individuals, corporation,
corporations, or to any public agency, authority or utility, for such purposes and subject to such
conditions as may be agreed to by the members and subject to such conditions as may be required
by
any aforesaid public agency, authority, or utility including, but not limited to, plat approval by
appropriate county authorities; provided, that any such dedication shall be approved by a majority of
all
votes cast at a meeting at which a quorum is present.
ARTICLE XII
Dissolution
The Club may be voluntarily dissolved as provided by the Virginia Non-Stock Corporation Act,
as amended. Upon dissolution of the Club, the assets, both real and personal, of the Club shall be
dedicated to an appropriate public agency to be devoted to purposes, as nearly as practicable, the
same
as those to which they were required to be devoted by the Club. Any such conveyance or transfer
pursuant to this Article shall be subject to plat approval by the appropriate county authorities. In the
event that such dedication is refused acceptance, such assets shall be granted, conveyed, and
assigned
to any non-profit corporation, association, trust, or other organization devoted to purposes and uses
that
would most nearly reflect the purposes and uses to which they were required to be devoted by the
Club.
Notwithstanding the foregoing, before such dedication, grant, conveyance, or assignment, every
lot or Holiday Site owner shall have the option to purchase from the Club, at a reasonable price to be
determined by the Board of Directors, that portion of common or recreational areas or facilities
adjacent to his lot or Holiday site as determined by the Board of Directors, subject, however, to
approval by Caroline County Authorities.
ARTICLE XIII
Amendments
An amendment to these Articles of Incorporation and any amendment to the Bylaws not therein
permitted to be made by the Board of Directors shall be authorized by a majority of all votes cast
thereon by Class I and Class 2 Members at a meeting at which a quorum is present.
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IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws in the State of
Virginia, we, the undersigned, constituting the incorporation of the Club, have executed these Articles
of Incorporation this 20th day of March, 1970.
Matthew Clary
Barry T. Murphy
James A. Woodmancy
The foregoing is the original Articles of Incorporation restated to include Amendments
considered at a meeting of the Board of Directors held on August 2, 1986, at which meeting the
amendments were approved by unanimous vote of the directors in office with the direction that the
amendments be submitted to a vote of the membership. The Board recommended that the members
approve the Articles of Amendment.
At a duly constituted special meeting of the membership of the Four Winds Club held on
September 14, 1986, at which a quorum of Class A members was present, the foregoing
amendments
were approved by a vote of 94,6% of The Class A Members. There existed no Class B Members as
of
the Date of the Special meeting of the members
The Amendments were adopted in accordance with Section 13.1-886 of the code of Virginia.
IN WITNESS WHEREOF, the undersigned subscribes his name the 14th day of September,
1986.
Attested:
THE FOUR WINDS CLUB, INC.
DONALD M. DOERING By: LEROY OETERS, PRESIDENT.
Please note:
This document is a composite of the original Articles of Incorporation and Amendments thereto
adopted in 1986.
JMB 2605G
JMB 2249G
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BY-LAWS
OF
THE FOUR WINDS CLUB, INC.
BY-LAWS
Table of Contents
ARTICLE I General Page
Section 1 Name 1b
Section 2 Purpose 1b
Section 3 Address 1b
ARTICLE II Definition
Section 1 Club 1b
Section 2 Properties 1b
Section 3 Common areas and facilities 1b
Section 4 Holiday Site 1b
Section 5 Member 2b
Section 6 Owner 2b
Section 7 Declaration 2b
Section 8 Facilities 2b
ARTICLE III Membership
Section 1 Class of Members 2b
Section 2 Suspension of Membership Rights 3b
ARTICLE IV Meetings of Members
Section 1 Place of Meeting 4b
Section 2 Annual Meetings 4b
Section 3 Substitute Annual Meetings 4b
Section 4 Special Meetings 4b
Section 5 Notice 5b
Section 6 Notice Regarding Extraordinary Action 5b
Section 7 Waiver of Notice 5b
Section 8 Order of Business 5b
ARTICLE V Member Voting Procedures
Section 1 Voting Entitlement 5b
Section 2 Quorum Requirements 6b
Section 3 Proxy Votes 7b
Section 4 Percentage Votes Required 7b
Section 5 Voting Procedure 7b
Section 6 Action Taken Without a Meeting 7b
ARTICLE VI Board of Directors
Section 1 General Powers 7b
i
Section 2 Specific Powers 7b
Section 3 Duties 8b
Section 4 Number, Term and Qualifications 9b
Section 5 Class of Directors 9b
Section 6 Term 9b
Section 7 Nomination 10b
Section 8 Qualification of Directors 10b
Section 9 Election of Directors 10b
Section 10 Compensation of Directors 11b
Section 11 Removal of Directors 11b
Section 12 Method of Filling, Vacancies, Retirement, etc 11b
Section 13 Method of Filling Vacancies; Increase 11b
ARTICLE VII Meetings of the Board of Directors
Section 1 Annual Meetings 12b
Section 2 Regular Meetings 12b
Section 3 Special Meetings 12b
Section 4 Written Wavier of Notice 12b
Section 5 Attendance as Wavier of Notice 12b
Section 6 Quorum 12b
Section 7 Voting Procedure 12b
Section 8 Telephonic Communication 13b
Section 9 Attendance and Failure to Object 13b
Section 10 Action Without Meeting 13b
Section 11 Automatic Removal of Directors 13b
ARTICLE VIII Indemnification of Directors and Officers
Section 1 Indemnification 13b
Section 2 Advance Expenses and Insurance 14b
Section 3 Liability 15b
ARTICLE IX Standing Committees
Section 1 Standing Committees 15b
Section 2 Number of Members 16b
Section 3 Duties of Standing Committees 16b
ARTICL X Board Committees
Section 1 Membership 16b
Section 2 Authority 16b
Section 3 Record of Proceedings 17b
Section 4 Regular Meetings 17b
Section 5 Special Meetings 17b
Section 6 Quorum 17b
-iiSection
7 Compensation 17b
Section 8 Action Without Meeting 17b
ARTICLE XI Principal and Subordinate Officers
Section 1 Principal Officers 18b
Section 2 Principal Officers: Election, Term of Office 18b
Section 3 Subordinate Officers: Election, Term of Office 18b
Section 4 General Authority and Duties 18b
Section 5 Removal 18b
Section 6 Resignations 18b
Section 7 Vacancies 19b
Section 8 Compensation 19b
ARTICLE XII Duties of Principal Officers
Section 1 President 19b
Section 2 Secretary 19b
Section 3 Treasurer 20b
Section 4 Additional Officers 20b
ARTICLE XII Keeping Books and Records
Section 1 Obligations to Keep 20b
Section 2 Members Right of Inspection 21b
ARTICLE XIV Miscellaneous
Section 1 Fiscal Year 21b
Section 2 Contracts 21b
Section 3 Insurance and Bonds 21b
Section 4 Loans 22b
Section 5 Checks and Drafts 22b
Section 6 Deposits 22b
ARTICLE XV General Provisions
Section 1 Corporate Seal 22b
Section 2 Amendments to By-Laws 22b
Sectin 3 Caption and Pronouns 22b
Section 4 Severability 23b
iii
BY-LAWS THE FOUR WIND CLUB, INC.
ARTICLE I
General
Section 1. Name. This organization is incorporated, and shall be known as THE FOUR WINDS
CLUB, INC. (hereinafter referred to as the "Club" under Title13.1, Chapter 10, of the Code of Virginia
Section 2. Purposes. The purposes of the Club shall be all those purposes set forth in Article IV of the
Articles of Incorporation, and any and all amendments thereto.
Section 3. Address. The address of the Club shall be: Post Office Box 368, Rappahannock Academy,
Virginia 22538.
ARTICLE II
Definitions
Section 1. "Club" shall mean and refer to The Four Winds Club, Inc., a non-stock corporation of
property owners organized and existing under the laws of Virginia, and its successors and assigns.
Section 2. "Properties" shall mean and refer to such real property as shall be subjected to the
belowdefined
Declaration, and such additions thereto as may hereafter be brought within the jurisdiction of
the Club.
Section 3. "Common areas and facilities" shall mean all real property and all interests in real property,
including common easements and rights-of-way, together with improvements thereon owned by the
Club for the common use and enjoyment of the Members of the Club and as may, from time to time,
be
given, dedicated or otherwise conveyed to the Club.
Section 4. "Holiday Site" shall mean and refer to any numbered lot or plot of land intended for use as
a
1b
campsite shown upon any recorded subdivision map of the Properties subject to the below-defined
Declaration.
Section 5 "Member" shall mean and refer to every person or entity who holds membership in the
Club.
Section 6 "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a fee or undivided fee interest in any Holiday Site which is a part of the Properties; but
excluding those persons or entities having such interest merely as security for the performance of an
obligation of any trustees under any instrument securing an obligation; provided, however, any such
person holding an interest as a security holder shall, upon foreclosure or obtaining a Deed in Lieu of
Foreclosure of that interest, become an owner.
Section 7 "Declaration" shall mean and refer to that certain Declaration of Covenants, Conditions
and Restrictions dated March 17, 1970, recorded among the land records in the Office of the Clerk of
the Circuit Court of Caroline County, Virginia, as the same be, from time to time, amended as set
forth
therein.
Section 7 "Facilities" shall mean and refer to recreation facilities and all other facilities and
improvements erected or to be erected on the common areas.
ARTICLE III
Membership
Section 1 Classes of Members. The members of the Club shall be divided into the following
classes:
a. Class 1 Members. Every person or entity who is or becomes a record owner of a fee,
or undivided fee interest in any lot or Holiday Site which is subject to the Declaration, as then
amended, except Class 2 Members or Class 3 Members, shall be a Class 1 Member of the Club. All
such persons or entities purchasing property subject to the Declaration, by their acceptance of their
Deed, agree to and thereby become Class 1 Members; provided, however, the foregoing is not
intended
to
2b
include persons or entities who hold an interest merely as security for the performance of an
obligation,
nor Trustees under any instrument securing such obligation; provided, however, any such person
holding an interest as a security holder shall, upon foreclosure or obtaining a Deed in Lieu of
Foreclosure, become a Class 1 or Class 2 Member.
b. Class 2 Members. Class 2 Members shall be all persons or entities that are owners of
Holiday Sites subject to a declaration recorded after September 14, 1986 ("New Declaration")- All
persons or entities purchasing property subject to a New Declaration, by their acceptance of their
deeds, agree to and, thereby become, Class 2 Members; provided, however, the foregoing is not
intended to include persons or entities who hold an interest merely as security for the performance of
an obligation, nor trustees under any instrument securing such obligation; provided, however, any
such
person holding an interest as a security holder shall, upon foreclosure or obtaining a deed in lieu of
foreclosure, become a Class 2 Member.
c. Class 3 Members. Class 3 Members shall be all persons or entities who own in excess
of ten (10) lots or Holiday Sites.
d. Class 4 Members. Class 4 Members are all persons who do not own a Holiday Site
who are granted membership in the Club the Board of Directors.
Section 2 Suspension of Membership Rights.
a. Default in Payments. During any period in which a Member shall be in default in a
payment of any annual dues, charge or assessment levied by the Club, voting rights, and the right to
use
the facilities and other improvements of the common areas by a Member, his designees or guests
may
be suspended by the Board of Directors until such dues, charge or assessment has been paid along
with
all penalties and interest levied thereon.
b. Violation of Rules and Regulations. The Board
3b
of Directors may suspend the right of a Member, his designees or guests to use the facilities and
other
improvements of the common areas because of a violation by such Member, designee or guest, of
any
rule or regulation established by the Board of Directors or any committee thereof governing the use of
the common areas and facilities or otherwise relating to the property or its use. Prior to any such
suspension, such Member shall be entitled to reasonable notice and a hearing before the Board of
Directors. In no event shall such suspension exceed ninety (90) days.
ARTICLE IV
Meetings of Members
Section 1 Place of Meetings. All meetings of the members of the Club shall be held at the principal
office of the Club or at such other place, either within or without the Commonwealth of Virginia, as
shall be designated in the notice of the meeting.
Section 2 Annual Meetings. The annual meeting of the members of the Club shall be held during the
month of April on such day and at such hour as may be designated by the Board of Directors for the
purpose of electing directors of the Club and for the transaction of such other business as may be
properly brought before the meeting. Failure to hold the annual meeting at the designated time
and place shall not work a forfeiture or dissolution of the Club.
Section 3 Substitute Annual Meetings. If the annual meeting shall not be held on the date designated
by
these by-laws, a substitute annual meeting may be called in accordance with the provisions of
Section 4
of this Article. A meeting so called shall be designated and treated for all purposes as the annual
meeting.
Section 4 Special Meetings. Special meetings of the members of the Club may be called at any time
by
the President or the Board of Directors or by a majority of the Directors, or by written request of the
members of the Club having not less than one-third (1/3) of the votes entitled to be cast at the
meeting.
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Section 5 Notice. Written notice stating the place, day and hour of the meeting and, in the case of a
special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less
than ten (10) nor more than sixty (60) days before the date thereof, either personally or by mail, by or
at
the direction of the President, Secretary or the officers or persons calling the meeting, to each
member
entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when
deposited
in the United States mail addressed to the member at his address as it appears on the records of the
Club, with postage thereon prepaid.
Section 6 Notice Regarding Extraordinary Action. Notice of a members' meeting to act on an
amendment of the Articles of Incorporation or on a plan of merger or consolidation shall be delivered
in the manner provided in Section 5 of this Article, not less than twenty-five (25) nor more than sixty
(60) days before the date of the meeting. Any such notice shall be accompanied by a copy of the
proposed amendment or plan of merger or consolidation or a summary thereof.
Section 7 Waiver of Notice. Whenever any written notice is required to be given by statute, by the
Articles of Incorporation or by these by-laws, a waiver thereof in writing, signed by the person or
persons entitled to such notice, whether before or after the time stated therein, shall be deemed
equivalent to any notice required to be given.
Section 8 Order of Business. The order of business of all meetings of the members shall be as
follows:
a. Roll call
b. Proof of notice of meeting or waiver of notice
c. Reading of minutes of previous meeting
d. Reports of officers
e. Election of directors (annual meeting)
f. Unfinished business
g. New business
h. Adjournment
ARTICLE V
Member Voting Procedures
Section 1 Voting Entitlement. Except with regard to the
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election of Directors, as set forth in Section 7, Article VI, all members of the Club shall be entitled to
vote as follows:
a. Class 1 Members shall be entitled to one (1) vote per lot on each matter submitted to
a vote at a meeting of the Members. In the event that a Class Member owns less than an entire lot or
lots, it shall be entitled to a fractional vote equal to its undivided fractional interest in such lot or lots
(e.g. the owner of a one-fourth (1/4) undivided interest in a lot shall be entitled to 1/4 of a vote).
b. Class 2 Members shall be entitled to one (1) vote per lot on each matter submitted to
a vote at a meeting of the Members. In the event that a Class 2 Member owns less than an entire lot
or
lots, it shall be entitled to a fractional vote equal to its undivided fractional interest in such lot or lots
(e.g. the owner of a one-fourth (1/4) undivided interest in a lot shall be entitled to 1/4 of a vote).
c. Class 3 Members shall be entitled to one (1) vote per lot on each matter submitted to
a vote at a meeting of the Members. In the event that a Class 3 member owns less than an entire lot
or
lots, it shall be entitled to a fractional interest in such lot or lots (e.g. the owner of a one-fourth (1/4)
undivided interest in a lot shall be entitled to 1/4 of a vote).
d. Class 4 Members shall have no voting rights.
Section 2 Quorum requirements. One-tenth (1/10) of the members of each class, or as a body of the
whole entitled to vote, represented in person or by proxy, shall constitute a quorum unless otherwise
provided by statute, the Articles of Incorporation or these by-laws. In the absence of a quorum at any
meeting, of the entire membership or any class of members, the members adjourn the meeting from
time to time by the vote of a majority of the members voting on the motion to adjourn; and at any
adjourned meeting at which a quorum is present, any business may be transacted which might have
been transacted at the original meeting. The members at a meeting at which a quorum is present
may
continue to do business
6b
until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum.
Section 3 Proxy Votes. A member may vote either in person or by proxy executed in writing by the
member, or by his duly authorized attorney-in-fact. No proxy shall be valid after eleven (11) months
from the date of its execution unless provided in the proxy. A proxy shall automatically be in valid
upon conveyance of a lot or Holiday Site.
Section 4 Percentage Vote Required. Except with regard to the election of directors, the vote of a
majority of the members voting on any matter at a meeting of the members at which a quorum is
present shall be the act of the members on that matter unless the vote of a greater number is
required by
statute, the Articles of Incorporation or these by-laws
Section 5 Voting Procedure. Voting on all matters except the election of directors shall be by voice or
by a show of hands, unless one-tenth (1/10) of the members represented at the meeting shall, prior to
the voting on any matter, demand a ballot vote on the particular matter.
Section 6 Action Taken Without a Meeting. Any action which may be taken at a meeting of the
members or any class thereof may be taken without a meeting if a consent in writing setting forth the
actions so taken shall be signed by all of the members entitled to vote with respect to the subject
matter
thereof. Such consent shall have the force and effect of a unanimous vote.
ARTICLE VI
Board of Directors
Section 1 General Powers. The business and affairs of the Club shall be managed by the Board of
Directors or by such Board committees as the Board may establish pursuant to these by-laws.
Section 2 Specific Powers. The Board of Directors shall have power to:
(a) Either directly or through the Environment Preservation Committee adopt and
publish rules and regulations governing the use of the properties and the personal conduct of the
Members and their delegates and guests
7b
thereon, and to establish penalties for the infraction thereof;
(b) Exercise for the Club all powers, duties and authority vested in or delegated to this
Club and not reserved to the Membership by other provisions of these By-Laws, the Articles of
Incorporation, or the Declaration;
(c) Employ a manager, an independent contractor, an attorney, an architect, a Certified
Public Accountant, and such other persons and agents as they deem necessary, and prescribe their
duties.
Section 3 Duties. It shall be the duty of the Board of Directors to:
(a) Cause to be kept a complete record of all its acts and corporate affairs and to present
a statement thereof to the Members at the annual meeting of the Members or at any special meeting,
when such statement is requested in writing by one-fourth (1/4th) of the Members who are entitled to
vote;
(b) Supervise all officers, agents, and employees of this Club and to see that their duties
are properly performed;
(c) As more fully provided herein and in the Declaration to:
1. Fix the amount of the annual dues and approve the annual budget.
2. Send written notice of annual dues, charges and assessment to every
Owner/Member subject thereto.
(d) Issue, or to cause an appropriate officer to issue, upon demand by any person, at any
reasonable time, a certificate setting forth whether or not any dues, charge or assessment has been
paid.
A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate
states a dues, charge or assessment has been paid, such certificate shall be conclusive evidence of
such
payment;
(e) Procure and maintain adequate liability and hazard insurance on property and
interests in property owned by the Club:
8b
(f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem
appropriate;
(g) Cause the common area and facilities to be maintained;
(h) Cause Holiday Sites to be used and maintained pursuant to and in accordance with
the Declaration;and
(i) Appoint the Environment Preservation Committee and oversee its performance of its
duties, obligations, and the exercise of its powers and authority granted by the Declaration; and to
hear
and finally determine appeals there from.
Section 4 Number. Term and Qualifications. The number of directors of the Club shall be not less
than
three (3) nor more than fifteen (15).
Section 5 Classes of Directors. The directors of the Club shall be divided into the following classes:
a. Class A Not less than I Director nor more than 13 Directors
b. Class B 2 Directors
Thereafter, the directors shall not be divided into classes and there shall be not less than
three (3) nor more than fifteen (15) directors.
Section 6 Term. Except as provided in Section 11 of this Article relating to removal of directors, each
director shall serve on the Board of Directors for a term of three (3) years; provided, however, that the
initial Board of Directors elected after the effective date of these By-Laws shall be divided into three
(3) groups, by lot taken at the first organizational meeting of the Board of Directors after the effective
date of these By-Laws as follows:
- One-third (1/3) of the directors shall serve for a term of three (3) years;
- One-third (1/3) of the directors shall serve for a term of two (2) years; and
- One-third (1/3) of the directors shall serve for a term of one (1) year.
9b
Each director shall hold office until his or her death, resignation, retirement, removal or
disqualification, or until the expiration of his or her term and the election and qualification of his or her
successor.
Section 7 Nomination of Directors. Nomination for election to the Board of Directors shall be made by
a nominating committee. Nominations may also be made from the floor at the annual meeting. The
nominating committee shall consist of a chairman, who shall be a member of the Board of Directors,
and two or more Members of the Club. The nominating committee shall be appointed by the Board of
Directors prior to each annual meeting of the Members, and such appointment shall be announced at
each annual meeting. The nominating committee shall recommend to the Members the number of
directors to compose each class of directors for the following year and shall make as many
nominations
for election to class of Directors as it shall, in its discretion determine, but not fewer than the
recommended number to be elected to each class. Such nominations may be made from among
Members or non-Members.
Section 8 Qualification of Directors. Directors need not be Members of the Club and shall be of good
character and reputation.
Section 9 Election of Directors. The directors of the Club shall be chosen as follows:
a. Class I and Class 2 Members shall elect Class A Directors;
b. Class 3 Members shall appoint Class B Directors. Provided, however, in the event that
Class 3 members fail to appoint Class B Directors and advise the Secretary thereof by 10:00 A.M. on
the date of the annual meeting, the Class B Directors shall be elected by Class I and Class 2
members.
Thereafter, all directors shall be elected by all members having voting rights.
10b
Election to the Board of Directors shall be by a secret ballot. As such election, the members of their
proxies may cast as many votes as they are entitled to under the provisions of the Articles of
Incorporation, Declaration, or the By-Laws. The persons receiving the largest number of votes shall
be
elected. Cumulative voting shall not be permitted.
Section 10 Compensation of Directors. The Board of Directors may, by resolution, reimburse the
members of the Board of Directors for expenses arising out of their service as directors of the Club.
No
director shall receive compensation for any service that he or she may render to the Club.
Section 11 Removal of Directors. The entire Board of Directors or any individual director may be
removed from office with or without cause by a vote of a majority of the members entitled to vote for
that director at an election of directors. If any directors are so removed, new directors may be elected
at
the same meeting.
Section 12 Method of Filling Vacancies, Retirement, etc. Any vacancy in the position of director as a
result of the death, resignation, retirement, removal or disqualification of any director shall be filled by
a majority vote of the remaining directors of that Class, or, if there are no remaining directors of that
Class, by a majority vote of the members who vote for that Class of director. Any director appointed to
fill a vacancy shall serve for the un-expired portion of his predecessor's term. Upon the expiration of a
director's term, a successor director shall be elected by the members in accordance with Section 7 of
this Article. Any vacancy in the Class 2 Directors may be filled by a majority vote of Class 1 Directors.
Section 13 Method of Filling Vacancies; Increase. Any vacancy occurring in the Board of Directors,
regardless of Class, as a result of an increase by two or more in the number of directors, shall be
filled
by a majority vote of the remaining directors, regardless of Class, though less than a quorum of the
Board of Directors.
ARTICLE VII
Meetings of the Board of Directors
11b
Section 1. Annual Meeting. The annual meeting of the Board of directors shall take place each year,
after the annual meeting of members and after the newly elected Directors have assumed office, at a
time, and place fixed by the President, for the purpose of electing officers of the Club and for
transacting such other business as may come before the meeting.
Section 2 Regular Meetings. The Board of Directors shall meet at least once every month. Regular
meetings shall be held, without notice, at such time, place and date as may be determined by the
Board
of Directors.
Section 3 Special Meetings. Special meetings of the Board of Directors may be called by or at the
request of the President or any two directors, which meeting shall require three days' oral or written
notice, given or served upon each director personally.
Section 4 Written Waiver of Notice. Whenever any written notice is required to be given by statute,
the
Articles of Incorporation or these by-laws, a waiver thereof, signed by the person entitled to such
notice, whether before or after the time stated therein, shall be deemed equivalent to any notice
required to be given.
Section 5 Attendance as waiver of Notice. Attendance at or participation in any meeting by a director
shall constitute a waiver of notice of such meeting except where a director, at the beginning of the
meeting, or promptly upon his or her arrival, objects to holding the meeting or transacting business at
the meeting and does not, thereafter, vote for or assent to action taken at the meeting.
Section 6 Quorum. One-third (1/3) of the directors then in office as fixed by these by-laws shall
constitute a quorum for the transaction of any business at any meeting of the Board of Directors.
Section 7 Voting Procedures. At any meeting of the Board of Directors at which a quorum is present,
each director shall be entitled to one vote. Directors present at the duly organized meeting at which a
quorum is present may continue to transact business until adjournment, notwithstanding the
withdrawal
of enough directors to leave less than a quorum. Except as otherwise provided in the by-laws, the
affirmative vote of a majority of
12b
present shall be the act of the Board of Directors.
Section 8 Telephonic Communication. Members of the Board of Directors may participate in a
meeting
of the Board of Directors by means of a conference telephone or similar communications equipment
by
means of which all persons participating in the meeting can hear each other, and participation in such
a
meeting shall constitute presence at such meeting.
Section 9 Attendance and Failure to Object. Except as provided in Section 5 of this article, a director
who is present at a meeting of the Board of Directors at which action on any corporate matter is taken
shall be presumed to have assented to the action taken unless he or she objects at the beginning of
the
meeting or promptly upon his or her arrival to holding it or transacting specified business at the
meeting, or he or she votes against or abstains from the action taken.
Section 10 Action without a Meeting. Action taken by Board of Directors without a meeting is
nevertheless an action of the Board of Directors if written consent to the action in question is signed
by
all of the directors and filed with the minutes of the proceedings of the Board, whether done before or
after the action so taken.
Section 11 Automatic Removal of Directors. A member of the Board of Directors shall be deemed
automatically removed if he or she fails to attend three (3) consecutive regular meetings of the Board
of
Directors unless the Board of Directors, by majority vote, for good cause shown, waives this provision
of the By-Laws.
ARTICLE VIII
Indemnification of Directors and Officers
Section 1 Indemnification. Each director and officer (and his heirs, executors and administrators) shall
be indemnified by the Club against all claims, liabilities, judgments, settlements, costs and expenses
incurred by him in connection with any claim, action, suit or proceeding or threatened actions, suits or
proceeding, to which he may be made a party or a witness, including civil,
13b
criminal, administrative or arbitrative action, by reason of his being or having been a director or officer
of the Club, except in relation to any action, suits or proceedings in which he has been finally
adjudged
liable because of gross negligence or willful misconduct, which shall be deemed to include willful
misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct
of
his office. In absence of an adjudication which expressly absolves the director or officer of liability to
the Club or its members for gross negligence and misconduct, within the meaning thereof as used
herein, or in the event of a settlement without adjudication, each director and officer (and his heirs,
executors and administrators) shall be indemnified by the Club against payments made, including
reasonable costs and expenses; provided, that such indemnity shall be conditioned upon the prior
determination by a resolution of two-thirds (2/3) of those members of the Board of Directors of the
Club who are not involved in the action, suit or proceeding that the director or officer has no liability
by reason of gross negligence or willful misconduct, within the meaning thereof as used herein; and,
provided further, that if a majority of the members of the Board of Directors of the Club are involved in
the action, suit or proceeding, such determination shall have been made by a written opinion of
independent counsel. Amounts paid in settlement shall not exceed costs, fees, and expenses which
would have been reasonably incurred if the action, suit, or proceeding had been litigated to a
conclusion.
Such a determination by the Board of Directors or by independent counsel, and the
payments of amounts by the Club on the basis thereof, shall be final, conclusive and binding upon the
Club and its members. The foregoing rights and indemnification shall not be exclusive of any other
rights to which the officers and directors may be entitled according to law.
Section 2 Nothing contained in Section 1, above, shall restrict or limit the power of the Club to
advance
expenses (including attorney's fees) on behalf of persons so indemnified and to purchase and
maintain
insurance on behalf of any person who is or was a director, officer, employee or agent of the Club in
connection with any such proceeding.
14b
Section 3 No officer of the Club or member of the Board of Directors shall tie personally liable for the
performance of any contract or agreement entered into by the officer or Board of Directors on behalf
of
the Association.
ARTICLE IX
Standing Committees
Section 1 The Club shall appoint the following Standing Committees: an Environment Preservation
Committee, as provided in the Declaration, and a Nominating Committee, as provided in these ByLaws. In addition, the Board of Directors may appoint other Standing Committees as deemed
appropriate in carrying out its purposes, such as:
a. A Recreation Committee which may advise the Board of Directors on all matters
pertaining to the recreational program and activities and use of the recreational facilities, if any, of the
Club and shall perform such other functions as the Board, in its discretion determines;
b. A Maintenance Committee which may advise theBoard of Directors on all matters
pertaining to the maintenance, repair or improvement of the common areas and facilities, and shall
perform such other functions as the Board, in its discretion, determines;
c. A Publicity Committee which may inform the Members of all activities and functions
of the Club; and shall, after consulting with the Board of Directors, make such public releases and
announcements as are in the best interests of the Club;
d. An Audit Committee which may supervise the annual audit of the Club's books and
approve the annual budget and statement of income and expenditures to be presented to the
membership at its regular annual meeting. The Treasurer of the Club shall be an ex officio member of
the Committee; and
e. A Golf Committee which may supervise all matters relating to maintenance, repair,
operation, budget and supervision of the golf course, driving range and all other facilities
15b
relating to the golf course.
Section 2 A Standing Committee shall be composed of two or more members of the Club.
Section 3 It shall be the duty of each Standing Committee to receive complaints from Members on
any
matter involving Club functions, duties and activities within its field of responsibility. It shall dispose
of such complaints as it deems appropriate or refer them to such other committee, director, or officer
of
the Club as is further concerned with the matter presented.
ARTICLE X
Board Committees
Section 1 Membership. The Board of Directors, by resolution adopted by a majority of the Board of
Directors in office when the action is taken may create one or more Board Committees and appoint
two
or more directors to serve on each such Board Committee. The creation of a committee and the
delegation of authority to it shall not operate to relieve the Board of Directors or any member of it on
any responsibility imposed upon it or him by law. No member of a Board Committee shall continue to
be a member of it after he ceases to be a director of the corporation. The Board of Directors shall
have
the power at any time to increase or decrease the number of members of a Board Committee, to fill
vacancies on it, to remove any member of it, and to change its functions or terminate its existence.
Section 2 Authority. A Board Committee shall have and may exercise all authority delegated to it in
the
resolution of the Board of Directors creating such Board Committee. Provided, however, that a Board
Committee may not (a) approve or recommend to shareholders' action that the Virginia Stock
Corporation Act requires to be approved by shareholders; (b) fill vacancies on the Board for any of its
Board Committees; (c) amend Articles of Incorporation; (d) adopt, amend or repeal the by-laws; (e)
approve a plan of merger not requiring shareholder approval; (f) authorize or approve the distribution,
except according to a general formula or method prescribed by the Board of Directors; or (g)
authorize
or approve the issuance or sale or contract for sale of shares,
16b
or determine the designation and relative rights, preferences, and limitations of the class or series of
shares, except that the board of directors may authorize a committee, or a senior executive officer of
the
corporation, to do so within limits specifically prescribed by the board of directors. A Board Committee
may formulate and recommend to the Board of Directors for approval general policies regarding the
management of the business and affairs of the corporation.
Section 3 Record of Proceedings. A Board Committee shall keep minutes of its acts and proceedings.
These minutes shall be submitted to the next succeeding meeting of the Board of Directors for
approval; but failure to submit or to receive approval of them not invalidate any action taken upon
authorization contained in them.
Section 4 Regular Meetings. Regular meetings of a Board Committee, of which no notice shall be
necessary, shall be held on such days and at such places as majority of the Board Committee.
Section 5 Special Meetings. Special meetings of a Board Committee shall be called at the request of
any member of the Board Committee and shall be held upon notice by letter, telegram or radiogram,
delivered for transmission not later than during the second day immediately preceding the day for the
meeting. Notice of any special meeting of the Board Committee may be waived in writing, signed by
the member or members entitled to the notice, whether before or after the time of the meeting.
Attendance of any member of the Board Committee at a special meeting shall constitute a waiver of
notice of the meeting.
Section 6 Quorum. A majority of a Board Committee shall be necessary to constitute a quorum for the
transaction of any business. The act of a majority of the members present at a meeting at which a
quorum is present shall be the act of the Board Committee.
Section 7 Compensation. The Board of Directors may vote to the members of a Board Committee a
reasonable fee as compensation for attendance at meetings of the Board Committee.
Section 8 Action without a Meeting. Action taken by a Board Committee members without a meeting
is
nevertheless
17b
Board Committee action if one or more written consents to the action are signed by all the members
and filed with the minutes of the proceedings of a Board Committee, whether done before or after the
action so taken.
ARTICLE XI
Principal and Subordinate Officers
Section 1 Principal Officers. The principal officers of the Club shall consist of the President, Vice
President, Secretary and Treasurer and such other officers and assistant officers as may be deemed
necessary and elected or appointed by the Board of Directors or the Executive Committee. Any two
(2)
or more principal offices may be held by the same person except the offices of President and
Secretary.
Section 2 Principal Officers; Election, Term of Office. Principal officers shall be chosen annually by
the Board of Directors at its annual meeting or as soon thereafter as is conveniently possible. Each
officer shall hold office until his or her successor is chosen and qualified, or until his or her death,
resignation or removal, whichever event shall first occur.
Section 3 Subordinate Officers; Election, Term of Office. The President, or any principal officer to
whom the President shall delegate the authority, may appoint such subordinate officers as may be
necessary for the efficient management of the affairs of the Club. All subordinate officers shall serve
at
the convenience of the Board of Directors and the President.
Section 4 General Authority and Duties. All officers and agents of the Club, as between themselves
and
the Club, shall have such authority and perform such duties in the management of the Club as may
be
provided in these by-laws or as may be determined by resolution of the Board of Directors not
inconsistent with these by-laws.
Section 5 Removal. Any officer or agent may be removed, with or without cause, at any time, by the
affirmative vote of the Board of Directors. Any officer or agent appointed otherwise than by the Board
of Directors may also be removed with or
18b
without cause, by the Executive Committee, the President or by any other principal officer having
authority to choose or appoint the officer or agent. Any removal shall be without prejudice to the
contract rights, if any, of the person so removed.
Section 6 Resignations. Any officer or agent may resign at any time by giving written notice to the
Board of Directors or the President or Secretary. The resignation shall take effect at the time specified
in the notice and, unless otherwise specified in it, the acceptance of the resignation shall not be
necessary to make it effective.
Section 7 Vacancies. Any vacancy in any office because of death, resignation, removal or any other
cause shall be filled for the un-expired portion of the term in the manner prescribed in these by-laws
for
election or appointment to the office.
Section 8 Compensation. The compensation of the officers shall be fixed, from time to time, by the
Board of Directors.
ARTICLE XII
Duties of Principal Officer
Section 1 President. The President shall be subject to the control and direction the Board of Directors,
and shall supervise and control the management of the Club in accordance with these by-laws. The
President, when present, shall preside at all meetings of members of the Club. In general, he or she
shall perform all duties incident to the office of President and such other duties as may be prescribed
from time to time by the Board of Directors.
Section 2 Secretary. The Secretary or his or her designee shall keep accurate records of the acts and
proceedings of all meetings of members and directors. He or she shall give all notices required by law
and by these by-laws. He or she shall have general charge of the corporate books and records,
except as
otherwise set forth in these by-laws or by the Board of Directors. He or she shall have general charge
of
the corporate seal, and he or she shall affix the corporate seal to any lawful instrument requiring it. He
or she
19b
shall have general charge of the membership tolls of the Club and shall keep, at the registered or
principal office of the Club, a record of members, showing the name and address of each member.
He
shall have custody of the financial statements of the Club filed each fiscal year. The Secretary shall,
in
general, perform all duties incident to his or her office and such other duties as may be assigned to
him
or her from time to time by the President or by the Board of Directors.
Section 3 Treasurer. The Treasurer shall, subject to the supervision and control of the Board of
Directors, have custody and care of all of the Club's funds, securities, and negotiable instruments. He
shall receive, deposit and disburse the same under the direction of the Board of Directors. He shall
assist in the preparation of the annual budget and in financial planning and corporate development.
His
responsibilities shall include advising the President on the borrowing and lending of funds, and
assisting in the formulation of investment and financial policy. Me shall perform such other duties as
may be assigned to him or her from time to time by the President or Board of Directors.
Section 4 Additional Officers. The Board of Directors may appoint such other officers and agents,
including additional vice presidents, and one (1) or more assistant vice presidents, assistant
secretaries
and assistant treasurers, with such powers and duties as it shall deem necessary. Any such other
officers
or agents shall hold office at the pleasure of the Board of Directors.
ARTICLE XIII
Keeping of Books and Records
Section 1 Obligation to Keep. The Club shall keep, as permanent records, minutes of all meetings of
the Members and Board of Directors, a record of all actions taken by the Members of the Board of
Directors without a meeting, a record of all actions taken by a Committee of the Board of Directors in
place of the Board of Directors on behalf of the Club. The Club shall maintain appropriate accounting
records as well as a record of its Members, in alphabetical order by Class.
20b
Section 2 Members Right of Inspection. Any Member of the Club may, upon written demand stating
the purpose thereof, given to the Club at least five (5) business days before the date on which he or
she
wishes to inspect and copy the following books or records:
a. Excerpts from minutes of any meetings of the Board of Directors:
b. Records of any action of a Committee of the Board of Directors while acting
in place of the Board of Directors on behalf of the Club;
c. Minutes of any meeting of the Members;
d. Records of actions taken by Members for the Board of Directors without a
meeting;
e. Accounting records of the Club; and
f. The records of Members.
The Members right shall be subject to all conditions contained in Section 13.1-933 and 934 of
the Code of Virginia, as amended.
ARTICLE XIV
Miscellaneous
Section 1 The fiscal year of the Club shall begin on the first day of January and end on the last day of
December of every year.
Section 2 Contracts. The Board of Directors may authorize any officer or officers, or agent or agents
to
enter into any contract or to execute and deliver any instrument on behalf of the Club, and such
authority may be general or confined to specific instances.
Section 3 Insurance and Bonds. The Corporation shall maintain casualty and liability insurance in
such
amounts and subject to such conditions as the Board of Directors may from time to time determine.
The
Corporation shall maintain surety bonds on such employees and in such amounts as the Board of
Directors may from time to time determine.
21b
Section 4 Loans. No loans shall be contracted on behalf of the Club and no evidence of indebtedness
shall be issued in its name unless authorized by the Board of Directors. Such authority may be
general
or confined to specific instances.
Section 5 Checks and Drafts. The Board of Directors may authorize an officer or officers and/or
employee or employees of the Club to sign checks or drafts established by the Club. Such
authorization
shall be by a duly adopted resolution of the Board of Directors.
Section 6 Deposits. All funds of the Club not otherwise employed shall be deposited from time to time
to the credit of the Club in such depositories, as the Board of Directors shall elect.
ARTICLE XV
General Provisions
Section 1 Corporate Seal. The corporate seal of the Club shall consist of two (2) concentric circles,
between their circumferences of which is inscribed the name of the Club and the year of
incorporation,
and within the inner circle of which is inscribed "CORPORATE SEAL VIRGINIA;" and such seal is
hereby adopted as the corporate seal of the Club.
Section 2 Amendments to By-Laws. Except as otherwise provided herein, these by-laws may be
amended or repealed and new by-laws may be adopted by the affirmative vote of the directors then
holding office at any regular or special meeting of the Board of Directors. The Board of Directors shall
have no power to adopt a by-law which: (a) requires more than a majority of the members for a
quorum at a meeting of members; (b) requires more than a majority of the votes cast to constitute
action by the members, except where higher percentages are required by law; or (c) alters the voting
rights of Class 1, 2 or 3 members.
Section 3 Captions and Pronouns. The captions appearing in these by-laws are included solely for
convenience and shall not be given effect in construing these by-laws. Whenever singular pronouns
are
used herein, the same shall include the plural, and vice versa, and whenever words of any gender are
used herein, such words shall include all other genders.
22b
Section 4 Severability. If for any reason any provision of these by-laws shall be declared void or
invalid, such declaration shall not affect the validity of the remainder of these by-laws, which shall
remain in full force as if adopted with the void or invalid provision eliminated.
23b
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF
THE FOUR WINDS CLUB, INC.
THE FOUR WINDS
AMENDED AND RESTATED
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS AMENDED AND RESTATED DECLARATION, is dated as of September 1, 1986 by
and among THE FOUR WINDS CLUB, INC., a Virginia non-stock corporation (the 'Club') and
ASSOCIATED MORTGAGE INVESTORS, a Massachusetts business trust ('AMI").
The Declaration of Covenants, Conditions and Restrictions executed the 17th day of March,
1970 by Holiday Kamp Park of Fredericksburg, Inc., a Virginia corporation was recorded in Deed
Book
178, Page 344 in the Clerk's Office of the Circuit Court of Caroline County, Virginia. The aforesaid
Declaration was amended by amendments dated July 3, 1970 and July 24, 1984 and recorded
respectively in the aforesaid Clerk's Office in Deed Book 181, page 214 and Deed book 284, Page
738
and by amendment dated September 1, 1986 and recorded immediately prior hereto. Such
Declaration
together with the amendments thereto referred to in the previous sentence are referred to collectively
herein as the 'Original Declaration."
The Original Declaration subjected certain property containing 63 acres, more or less, to the
covenants, conditions and restrictions set forth in the Original Declaration. By Deeds of Subdivisions
recorded in the aforesaid Clerk's Office in Deed Book 178, page 340; Deed Book 190, page 490;
Deed
Book 195, Page 350; Deed Book 199, Page 279; Deed Book 199, Page 304 and Deed Book 199,
Page
402, additional land was subjected to the covenants, conditions and restrictions set forth in the
Original
Declaration.
The parties now desire to release from the Original Declaration a portion of the property
previously subjected thereto and to amend and restate the Original Declaration in its entirety as set
forth below.
NOW, THEREFORE, in consideration of ten dollars and other good and valuable consideration,
receipt of which is hereby acknowledged the Original Declaration is hereby amended and restated in
its
entirety as set forth below.
DECLARATION
The property described on Exhibit A attached hereto (the "Property') shall hereafter be subjected
to this amended and restated Declaration (the 'Declaration') and shall be held, sold and conveyed
subject to the provisions of this Declaration and subject to the following easements, restrictions,
covenants and conditions, all of which are for the purpose of enhancing and
1c
protecting the value, desirability, and attractiveness of the real property and assuring its healthful and
safe use as a camping and recreation area. These easements, covenants, restrictions, and conditions
shall run with the Property and shall be binding on all parties having or acquiring any right, title or
interests in the Property or any part thereof or interest therein and shall inure to the benefit of each
Owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Club" shall mean and refer to the Four Winds Club, Inc., a non-stock corporation of
property owners organized and existing under the laws of Virginia, and its successors and assigns.
Section 2. "Property" shall mean the property described on Exhibit A attached hereto.
Section 3. "Common areas and facilities" shall mean all real property and all interests in real
property including common easements and rights-of-way, together with improvement thereon, now or
hereafter owned by the Club for the common use and enjoyment of the Members of the Club.
Section 4. "Holiday Site" shall mean and refer to any numbered lot or plot of land intended for
use as a campsite shown upon any recorded subdivision map of the Property subject to this
Declaration.
Section 5. "Member" shall mean and refer to every person or entity who holds membership in
the Club.
Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a fee or undivided fee interest in any Holiday Site which is a part of the Property, but
excluding those persons or entities having such interest merely as security for the performance of an
obligation or any trustees under any instrument securing an obligation. The term 'Owner' shall
include,
without limitation, each owner (whether one or more) or an undivided interest in a Holiday Site
created
pursuant to the 'New Declaration' described below.
Section 7. "Facilities" shall mean and refer to recreation facilities and all other facilities and
improvements erected or to be erected on the common areas.
Section 8. "Developer" shall mean AMI, its successors and assigns, and any person(s) or entity
(ies) that purchase(s) more than 10 Holiday sites from AMI.
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Section 9. "New Declaration" shall mean such scheme as the Developer shall hereafter place of
record in the Clerk's Office of the Circuit Court of Caroline County providing for the creation and sale
of up to four undivided interests in all or part of the lots described in Article XII, Section 2, as such
scheme shall be amended from time to time.
Section 10. "Percentage Shares" shall mean and refer to an Owner's percentage undivided
interest in a Holiday Site subject to the New Declaration.
ARTICLE II
MEMBERSHIP
Each Owner shall be a Member of the Club. All persons purchasing property subject to this
Declaration, by the acceptance of their deeds, agrees to and do thereby become Members of the
Club;
provided, however, the foregoing is not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation or trustees under any instrument securing
such
an obligation. Membership shall be appurtenant to and may not be separated from ownership of any
Holiday Site. Ownership of such Holiday Site, or an undivided interest therein, shall be the sole
qualification for membership after delivery of the deed thereto. Class 4 membership and the privileges
thereof may be extended to persons who are not Owners as may be provided by the By-laws.
ARTICLE III
VOTING RIGHTS
The Club shall have four classes of membership, as follows:
(a) Class 1. Class 1 Members shall be all Owners with the exception of Class 2 Members and
Class 3 Members. Class 1 Members shall be entitled to one vote for each Holiday Site in which they
hold the interest required by Article II for membership. When more than one Owner holds such an
interest in a Holiday Site, the vote of such Owners shall be exercised as they, among themselves,
determine; but in no event shall more than one vote be cast with respect to any such Holiday Site.
(b) Class 2. Class 2 Members shall be all Owners of Holiday Sites subject to the New
Declaration with the exception of Class 3 Members. Class 2 Members shall be entitled to a fractional
vote for each undivided interest owned by them in a Holiday Site subject to the New Declaration. The
numerator of such fraction shall equal the undivided interest or interests owned by such Owner in the
Holiday Site in question, and the denominator of such fraction shall equal the total number of
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undivided interests into which such Holiday Site has been divided pursuant to the New Declaration.
(For example, the Owner of a one-fourth undivided interest in a Holiday Site shall be entitled to cast
one-fourth of a vote.) If a Class 2 member owns the entire interest in a Holiday Site subject to the
New
Declaration, then such Owner shall be entitled to one full vote with respect to such Holiday Site.
(c) Class 3. Class 3 Members shall be the Developer and anyone who purchases, or otherwise
acquires, from the Developer more than 10 Holiday Sites. From the Date hereof until January 1,
1991,
Class 3 Members shall have, in addition to the voting rights provided in the Articles and Bylaws, the
right to cast one vote for each Holiday Site, or the number of undivided interests equivalent thereto,
owned by such Class 3 members (i) in any votes to amend this Declaration and (ii) in any votes
requiring more than a majority under the terms of the Declaration (except until January 1, 1991, Class
3
member shall not be entitled to participate in votes to approve special assessments.) In addition to
the
voting rights provided for in the previous sentence, Class 3 Member shall be entitled (i) during 1989 to
cast one vote for each four Holiday Sites (or the number of undivided interests equivalent thereto)
owned by such Class 3 Member in all other votes provided for in this Declaration and (ii) during 1990,
to cast one vote for each two Holiday sites (or such Class 3 Member (for example, assuming that a
number of Holiday Sites had been divided into four undivided interests each, if a Class 3 Member
owned in 1989 fifty Holiday Sites outright and sixty undivided interests in other Holiday sites, then
such Class 3 Member would be entitled to 32.5 votes: (50 + (60 /4) /2 = 32.5). Notwithstanding
anything herein to the contrary, commencing on January 1, 1991, Class 3 Members shall have in all
respects the same voting rights (i) as Class 1 Members with respect to the Holiday Sites, or interest
therein, owned by such Class 3 Members that are not subject to the New Declaration and (ii) as Class
2
Members with respect to the Holiday Sites or interests therein, owned by such Class 3 Members that
are subject to the Declaration.
(d) Class 4. Class 4 membership and the rights and privileges thereof may be extended to
persons who are not Owners as may be provided by the Bylaws. Class 4 members shall have no right
to
vote under this Declaration.
ARTICLE IV
PROPERTY RIGHTS
Section 1. Members' Rights of Easements of Enjoyment. Every Member shall have a right and
easement of enjoyment in and to the common areas and facilities. Such easement shall be
appurtenant
to and shall pass with the title to every Holiday
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site, or undivided interest therein, subject to the following provisions:
(a) The right of the Club to limit the number of guests of a Member;
(b) The right of the Club to charge reasonable admission and other fees for the use of any
recreational facility situated upon the common areas or facilities owned by the Club;
(c) The right of the Club, in accordance with its Articles and By-Laws, to borrow money for the
purpose of improving the common areas and facilities, and, in and thereof, to encumber the common
areas in accordance with the provisions of the Articles of Incorporation and By-Laws of the Club;
(d) The right of the Club to suspend the voting rights and right of use of the facilities and other
improvements of the common areas or facilities by a Member, his delegates or guests, for any period
during which any dues or other assessment against his Holiday Site remains unpaid, or for any
infraction of its published Rules and Regulations, all in accordance with the By-Laws of the Club; and
(e) The right of the Club to dedicate or transfer all or any part of the common areas or facilities
to any other association, individual, individuals, corporation, and/or corporations, or to any public
agency, authority, or utility, for such purposes and subject to such conditions as may be agreed to by
the
membership in accordance with its Articles of Incorporation, and subject to such conditions as may be
required by any of the aforesaid.
(f) The right of the Board of Directors to restrict the rights and privileges of Class 4 Members to
use such common areas and facilities.
Section 2. Delegation of use. Any member may delegate, in accordance with the By-Laws, his
right of enjoyment to the common areas and facilities to the members of his family, his guests, his
tenants, or his contract purchasers, who are camping on the property. Persons to whom such rights
have
been delegated are referred to herein as "delegatees" and Owner so delegating as the delegatee's
"sponsor"
ARTICLE V
COVENANT FOR ANNUAL DUES AND SPECIAL ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Personal Dues and Special
Assessments. Each Owner shall pay to the Club the dues, charges and assessments set forth in this
Article V, subject, however, to the terms and conditions provided
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below. Each Owner, by acceptance of a deed to a Holiday Site or interest therein, shall be deemed to
have covenanted to pay such dues, charges and assessments whether or not it shall be so
expressed in
any such deed or other conveyance. Such dues, charges and assessments, together with interest,
costs
and reasonable attorneys' fees, shall also be the personal obligations of the person who was the
Owner
of such Holiday Site, or interest therein, at the time when the dues or assessment fell due. Such
personal obligations shall not pass to such Owner's successor in title unless expressly assumed by
them.
Section 2- Annual Dues
(a) Annual dues levied by the Club shall be used exclusively for the purposes of:
(1) Paying the costs to the Club of supplying unlimited and unmetered water and electricity to
each Holiday Site but not including water and electrical service 'hook-up' fees for which members will
be charged separately;
(2) Paying the costs to the Club of owning, operating, maintaining, repairing, improving,
managing, or otherwise caring for common areas and facilities owned by the Club.
(3) Promoting the health, safety, recreation, welfare, and security of Members, their delegatees
and guests, while upon the Property, including such additions thereto as may be brought within the
province of the Club in the future;
(4) Exercising architectural and aesthetic control and supervision over any structures to be
constructed or maintained on the Property and over any modifications to the natural environment
therein;
(5) Assisting in the enforcement of such regulations governing camping sites as may be
promulgated from time to time by the Commonwealth of Virginia, and/or authorities of this State or of
Caroline County, Virginia;
(6) Exercising all of the powers and privileges and performing all of the duties and obligation of
the Club set forth in this Declaration;
(7) Managing and administering the Club and its offices; and
(8) Doing such other things, not prohibited by law, the Articles of Incorporation or By-Laws,
deemed necessary convenient or desirable to maintain the Property in good condition, operation, or
repair or to improve the same.
(b) Annual Dues are due and payable in advance for the year levied and may be paid quarterly if
approved by the Board. The Annual Dues shall be such amounts as the Board of Directors of the
Club
may fix, from time to time; provided, however, that Annual Dues fixed and billed against a Member
incident to his ownership of a particular Holiday Site may not be increased
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During the one (l) year period for which such dues were fixed and billed in advance.
(c) Notwithstanding any contrary provisions of this Declaration or the By-haws or Articles of
Incorporation of the club, each Class 2 Member shall pay, as Annual Dues to the Club, an amount
annually equal to the Annual Dues and Special Assessments, if any, payable by Class 1 Members
multiplied by such Class 2 Member’s Percentage Share. The Developer of the homeowners
association,
if any, established under the New Declaration shall provide the Club with the names and mailing
addresses of all Class 2 Members, each such Member's Percentage Share, and the Holiday Site in
which such Member owns an interest. The Owners, whether one or more, of each Holiday Site
subject
to the New Declaration, shall be jointly and severely liable for the Annual Dues applicable to such
Holiday Site. Any lien arising under this Declaration with respect to such Holiday site on account of
non-payment of Annual Dues shall be prior in right to any lien or claim with respect to such lot arising
under the New Declaration on account of non-payment of annual dues or assessments due from a
Class
2 member under the New Declaration.
(d) Notwithstanding any other contrary provisions of this Declaration or the Articles or ByLaws of the Club, Class 3 Members shall pay an annual fee in lieu of all Annual Dues, special
assessments or other charges due with respect to the Holiday Sites, or interests therein, which they
own
at the beginning of the year in question. For the years 1986-1988, the total amount of this fee shall be
$5,000 per year. For the years 1989 and 1990, with respect to a Class 3 Member's Holiday Sites not
subject to the New Declaration, this fee will equal 25% and 50% respectively, of the Annual Dues that
would be applicable to such Holiday Sites if they were owned by a Class 1 Member. For the years
1989
and 1990 with respect to a Class 3 Member's undivided interest in Holiday sites subject to the New
Declaration, this fee will equal 25% and 50%, respectively, of the annual dues that would be
applicable
to such interests if they were owned by a Class 2 Member. In 1991 and thereafter, Class 3 members
shall be assessed Annual Dues, on the basis of the Holiday Sites or interests therein owned by such
Class 3 member, under the same rules as Class 1 members and Class 2 members are assessed. All
presently outstanding dues, assessments and claims for dues and other charges assessed or
assessable
against the Developer prior to the date of adoption of this Amendment, are hereby cancelled and
forgiven.
Section 3. Water and Electricity "Hook-up" Charges. A One-time-only charge shall be levied with
respect to each Holiday Site to defray the costs of providing water and electrical outlets at each
Holiday
Site. If a utility company provides such water and/or electrical service, then such hook-up charge shall
be such comparable amount at is charged the Club by the utility
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company for "hooking up" the water and electric Service to the Holiday Site in question. As to Holiday
Sites subject to the New Declaration, the hook-up fee shall be payable by the Developer with respect
to
such Holiday Site upon the sale of the first undivided interest therein. If the Developer extends
electric,
water or sewer lines on the Property and Class 1 or Class 2 members desire to have utility service
provided to their Holiday Sites through such lines, then Developer shall be entitled to collect a hookup
fee from each such user in an amount equal to the cost of the electric control panel and the water
riser
tap-in, plus $25.00.
Section 4. Special Assessments for Capital Improvement, In addition to the Annual Dues
authorized above, the Club may levy in any year a special assessment for the purpose of defraying,
in
whole or in part, the cost of any construction or reconstruction, including recreation and other
facilities,
unexpected repair, or replacement of a capital improvement to or upon the common areas and
facilities,
including the necessary fixtures and personal property related thereto; provided that any such
assessment shall have the assent of more than two-thirds (2/3) of the votes of each class of Members
entitled to vote on such matter. Notwithstanding any of the foregoing, the sum of all special
assessments in any one (1) calendar year against any one (1) Holiday Site shall not exceed the sum
of
One Hundred Dollars ($100.00), and no special assessments shall be levied against Class 3
Members
until 1991. Commencing in 1991. Commencing in 1991, Class 3 Members shall be assessed special
assessments on the basis of Holiday Sites or interest therein then owned by such Members under the
same rules as Class 1 Member and Class 2 Members, as the case may be, are assessed.
Section 5. Effective Dates of Annual Dues and Special Assessments Annual dues or Special
Assessments. not including the water and electricity "hook-up" charge, shall be effective upon the
date
specified in the Resolution, relating thereto passed by the Board of Directors or during a duly held
meeting to the Members, as appropriate; provided, however, that such effective date shall not be less
than thirty (30) days after the date the said Resolution was passed; and, provided further, that the
Annual Dues of a member may not be increased retroactively for any year for which a Member has
been billed.
Written notice of Annual Dues and Special Assessments, and the date same are payable, shall be
sent to every Member subject thereto. Upon demand of any person, firm or corporation having an
economic interest in any Holiday Site, including contract purchasers, the Club shall furnish a
certificate
in writing, signed by an officer of the Club, setting forth whether the Annual Dues and any Special
Assessments on a specified Holiday Site owned by such Member have been paid. A reasonable
charge
may be made by the Board for the issuance of these certificates.
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Such certificates shall be conclusive evidence of payment of any dues of assessment therein stated
to
have been paid.
Section 6. Effect of Nonpayment of Annual Dues and Assessments -- Remedies of the Club. Any
Annual Dues, Special Assessments and hook-up charges which are not paid when due shall be
delinquent. Any such dues, charge or assessment which are not paid within thirty (30) days after the
due date shall bear interest from the date of delinquency at the rate of eight per cent (8%) per annum,
and the Club may bring any action at law or in equity against the Member personally obligated to pay
the same, or against the Holiday Site subject thereto, or both, and interest, costs, and reasonable
attorneys' fees for any such action shall be added to the amount of such dues, charges, or
assessments
and included in any judgment or decree entered.
No member may waive or otherwise escape liability for the dues, charges, or assessments
provided for herein by non-use of the common areas and facilities or by abandonment of his Holiday
Site.
Section 7. Subordination of the Lien. The lien of the dues, charges, or assessments provided for
herein shall be subordinate to the lien of any first mortgage or any first deed of trust. Sale or transfer
of
any Holiday Site shall not affect the lien of any dues, charges or assessment; however, the sale or
transfer of any Holiday Site, pursuant to the foreclosure under such first mortgage or deed of trust,
shall
extinguish the lien of such dues, charges, or assessments as to payments thereon which become due
prior to such sale or transfer. No such sale or transfer shall relieve such Holiday Site from liability for
any dues, charges, or assessments thereafter becoming due or from the lien thereof.
Section 8. Exempt Property. The following property subject to this Declaration shall be exempt
from the dues and assessments created herein:
(a) All properties, including easements, dedicated to and accepted by local authority or utility
company;
(b) The common areas or facilities, however, the exemption of the common areas and facilities
shall in no way effect or change any dues or assessments chargeable to any Holiday Site.
(c) All properties owned by a charitable or non-profit organization exempt from taxation by the
laws of the State of Virginia; however, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
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ARTICLE VI
HOLIDAY SITE MAINTENANCE
Each Owner shall keep his Holiday Site and every part hereof in clean, healthful and safe condition
and shall maintain the same in accordance with the Rules and Regulations promulgated from time to
time by the Environment Preservation Committee of the Club and/or by the Board of Directors of the
Club.
If a Owner shall fail to maintain or keep his premises and the improvements thereon in accordance
with said Rules and Regulations or the covenants and restriction of this Declaration, then the Club
shall
have the right, subject the provisions hereinafter set forth, to enter the premises and take such
actions as
may be reasonably necessary to correct the infraction(s) or improper conditions.
The Club shall only be permitted to enter the premises and take corrective action(s) under this Article
when and if the Owner has failed to commence required corrective action(s) within twenty (20) days
after written notice is sent by the Club to the Owner of the said Holiday site(s) in question.
Said notice to the Owner shall fairly state the infraction or improper condition in question and the
corrective action(s) intended to be taken if Owner does not correct the same himself.
The cost of corrective action(s) by the Club shall become a special assessment against the member
and the Holiday site(s) in question, subject to the provisions of Sections 6 and 7 of Article V, above,
but
not subject to the restrictions of Sections 4 and 5 of such Article.
In the event that the Owner of any Holiday site is insured against loss by reason of any event or
happening creating a necessity for any corrective actions(s), as set forth above, the Club shall be
subrogated to any and all rights of such Owner under or derived from any policy or policies of
insurance, provided, however, that the Club shall retain from any recovery under such policy or
policies or insurance only such sum or sums as were actually expended by the Club on such
corrective
action(s).
Each Owner shall permit the Club's officers, directors, agents, and employees to enter upon the
Owner's premises, at reasonable times and upon reasonable notice, to maintain the common areas
and
facilities and to take corrective action(s) if the Owner has refused or neglected so to do.
ARTICLE VII
ENVIRONMENT PRESERVATION
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Section 1. General. No structure, grading or excavation shall be commenced, erected or
maintained upon any Holiday Site, nor shall any exterior addition to or change or alternation thereof,
be
made until the plans and specifications showing the nature, kind, shape, height, materials and
location
of the same shall have been submitted to and approved in writing as to workmanship, materials,
harmony of external design and location in relation to surrounding structures and topography which
affect the desirability or suitability of the construction or alteration, by the Board of Directors of the
Club, or by an Environment Preservation Committee, composed of three (3) or more representatives
appointed by the Board. In the event said Board or Environment Preservation Committee fails to
approve or disapprove, in writing, such design and location within thirty (30) days after said plans and
specifications have been submitted to it, approval will not be required and the requirement therefore
will be deemed to have been fully complied with. Following approval or the expiration of the said
thirty (30) day period, all work must be completed in conformance with the approved (or deemed to
have been approved) plans within three hundred sixty-five (365) calendar days therefrom or such
longer period as may have been requested by the Owner performing such work. The same procedure
for submitting, requesting, obtaining or granting approval from the Environment Preservation
Committee will be employed when such approval is required elsewhere in this Declaration. Owners
may appeal any ruling of the Environment Preservation Committee to the Board of Directors. The
provisions of the Section 1 shall not be applicable to Developer.
Section 2. Developer's Plans. The parties acknowledge that the Developer intends to attempt
to further develop all or part of the Holiday Sites currently owned by the Developer. Such
development
may include the sale of up to four undivided interests in the Holiday Sites hereafter made subject to
the
New Declaration. Before commencing construction of any above-ground improvements to the Holiday
Sites then owned by the Developer, the Developer shall submit to the Club plans for such work. If the
Club objects to any portion of such plans, it shall notify the Developer within 30 days after receipt of
such plans. If the Club fails to object to such plans within such 30 day period, then the Club shall be
deemed to have no objections to such plans. After receipt of notice of objection from the Club, the
Developer and the Club shall meet and seek diligently to resolve such objection. After such meeting,
whether or not the problem has been resolved, and notwithstanding anything to the contrary
contained
in this Article or Article VII, Section 2, the Developer shall have the right to perform, or have
performed, the work in question provided such work is reasonably consistent in workmanship,
materials, location and harmony of external design with the surrounding improvements and
topography
and provided further that such work is performed substantially in accordance with the plans therefor
previously submitted by the Developer to the Club.
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ARTICLE VIII
USE RESTRICTIONS
Section 1. Rules and Regulations. Pursuant to the By-Laws of the Club, the Environment
Preservation Committee, subject to the direction and control of the Board of Directors, and the Board
of Directors itself, shall have the power to formulate, publish, and enforce reasonable Rules and
Regulations concerning the use and enjoyment of the Property, including the common areas and
facilities and all Holiday Sites.
Section 2. Restrictions on the Uses of Holiday Sites.
(a) No Holiday site shall be used as a residence nor, without the written permission of the
Environment Preservation Committee of the Club, be continuously occupied for a period in excess of
sixty (60) days.
(b) No sewage, garbage, liquid or solid-waste disposal systems, pits, "post holes", buried metal
drums, or other similar structures or operations shall be permitted on any Holiday Site unless or until
approval thereof is obtained from The Environment Preservation Committee and from appropriate
State
and/or County Health Department agencies. All travel trailers, tent trailers, converted buses, trucks
and
other camping vehicles having sewage drains shall have their drains sealed for the duration of their
stay
on any Holiday site, unless such drains are connected to an approved sanitary sewer system. All
wastes,
both liquid and solid, shall be disposed of at dumping or trash stations or other places provided
therefor
off of Holiday Sites, or in drains connected to an approved sanitary sewer system.
(c) No structures, including, but not limited to, dwellings, mobile home (house-trailers
exceeding forty (40) feet in length), garages, sheds, fuel storage tank, "A-frames", boat houses, signs
or
billboards, waste-receptacle bins or houses, clothes-drying facilities, and television or radio antennas,
whether above or below ground level, shall be constructed or be permitted to remain on Holiday
Sites,
except in strict compliance with Article VII of this Declaration. The restriction, however, does not
extend to prohibiting hard-stands, approximately level with the surrounding ground, constructed or
maintained as camping vehicle parking spaces or tent floors; nor does it include vegetation planted or
trimmed to shield from view trash receptacles or portions of Holiday Sites; nor does it prohibit the use
of tent or awning frames, platforms, canopies, antennas,
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lines, poles and similar temporary forms provided the same are removed when the Holiday Site is not
occupied.
(d) No wrecked, abandoned, discarded, or junk vehicle, trailer, watercraft, equipment or
material or any kind shall be placed or be permitted to remain on any part of the Property; and
Owners
shall maintain their Holiday Sites, whether occupied or unoccupied, in such a manner as to prevent
their becoming unsightly, unhealthful, dangerous, or a fire hazard.
(e) No Holiday Site shall be used for commercial or public purposes or for conducting a
business or profession of any type or nature, including the exhibiting of items for a casual sale or the
parking of commercial-type vehicles not designed and used for camping, except that one or more
Holiday Sites owned by the Developer may be used as a sales office and appropriate temporary or
permanent improvements may be made by Developer for such purpose.
(f) Except while entering or leaving a Holiday Site of which the operator is an owner, delegatee,
or guest, no vehicle shall be operated on the Property except on roads or road easements or in
designated parking areas. Motorcycles, mini-bikes, motor bikes, motor scooters, dune buggies, drag
racers, or other motor vehicles, other than standard passenger automobiles, trucks and buses, shall
not
be operated in the Property between the hours of darkness and 8:00 a.m. All vehicles will be
operated
in a safe, careful manner and in obedience of posted traffic signs and of Rules and Regulations
promulgated from time to time by the Environment Preservation Committee and/or the Board of
Directors of the Club. Holiday Sites shall be entered and left via road easements within the Cluster
only, and not via main, hard surface roads.
(g) No vehicles shall be parked on the Property except in designated parking areas or on
Holiday Sites of which the operator is an owner, delegatee or guest.
(h) No animals, livestock or fowl of any kind shall be brought upon or kept on Holiday Site,
except that household pets may be kept on Holiday Sites provided they are nor raised, bred or kept
for
commercial purposes, are maintained under control at all times and not permitted to create a public
health or noise nuisance, and their droppings are removed and buried in a location which will not
interfere with the site for camping purposes. Dogs shall be kept on leashes when not otherwise
confined physically to their owner's Holiday Site. Household pets known to be of a vicious nature will
not be brought upon the Property.
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(i) No noxious, dangerous, illegal, unreasonably disturbing or offensive activities shall be
carried on upon the Property nor shall anything be done which may be or become a nuisance or
annoyance to the neighborhood. Persons committing disturbances or who appear to be intoxicated
shall
not be permitted to enter upon the Property or to remain at common areas or facilities- No fire arms
shall be discharged within the Property except in the lawful protection of human life, or otherwise, by
law enforcement officers incident to their duties.
(j) Camping shall not be permitted on any common area or facility other than the so-called
"Interim Area", on any road or utility easement, or within five (5) feet of any Holiday Site boundary
unless the Holiday Site adjoining the boundary is also owned by the Camper or his sponsor. Not more
than one (1) tent or camping vehicle shall be permitted on any one (1) Holiday site unless adjoining
Holiday Sites equal to the number of tents or camping vehicles in excess of one (1) are also owned
by
the camper or his sponsor, or unless prior written permission is obtained from the Environment
Preservation Committee of the Club.
(k) No open fires of any kind, including those for the burning of rubbish and debris, shall be
permitted within the Property except within a metal or pottery cooking, barbecuing or brazing device
or
within a masonry fireplace, barbecue or fire pit, or clear space encircled with large stones, each being
of a design specified by the Environment Preservation Committee. Specail burning or fire permits
must
be obtained in advance from the Environment Preservation Committee for open fires not excepted in
the first sentence of this Paragraph. Open fires must be attended by an adult at all times and must be
thoroughly extinguished by wetting or burying upon completion of its use.
(l) Any structure, tree, or other thing destroyed, in whole or in part, by fire, windstorm,
lightening or other cause or act of God shall be reconstructed, repaired, or all debris removed, so as
to
restore the Holiday Site to a neat, sightly condition, with reasonable promptness and, unless an
extension thereof is granted by the Environment Preservation Committee of the Club, within two (2)
months of the destruction.
(m) Except as may be reasonable necessary to clear a means of ingress and egress and tent or
camper site, no live trees having trunks larger than three (3) inches (measured three (3) feet from
ground level), shall be removed without the prior permission of the Environment Preservation
Committee of the Club; and, in no event, shall live trees having trunks larger than six (6) inches be
removed without the prior permission of the said Committee. The Committee, however, shall not
unreasonably refuse such requests and shall grant permission as will permit Owners to reasonably
use
normal camping equipment on their Holiday Site.
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Except as necessary to maintain a sightly appearance and/or to remove noxious vegetation, natural
growth shall be preserved within the "no-camping areas" on Holiday Sites specified in paragraph (j)
above.
(n) No drilling or digging of wells of any description, quarrying, mining, dredging, or
excavating, of any type or nature, shall be done on Holiday Sites, except with the consent of the
Board
of Directors.
(o) The Club reserves to itself, its successors and assigns, the exclusive right to operate, or to
grant from time to time an exclusive license to other parties to operate, a commercial scavenger
service
within the Property and to charge or to authorize the charging of reasonable rates therefore when
provided and when ordered by Owners. Unless and until such commercial scavenger service is
available to and ordered by Owners, all wastes must be disposed of at dumping or trash stations or
other places provided therefore off Holiday Sites as stated in paragraph (b), above.
ARTICLE IX
PARKING SPACES AND TRAFFIC
Section 1. Parking. Subject to existing Laws and Ordinances and through its Board of Directors
and/or Environmental Preservation Committee, the Club may promulgate regulations for parking on or
near the common areas and facilities.
Section 2. Traffic Regulation. The Club, through its Board of Directors and/or Environmental
Preservation Committee, shall have the power to regulate parking and traffic within the Property, in
any
manner not inconsistent with the rights of the individual Owners, in order to provide adequate access
for police firefighting and other public vehicles, to preserve the orderly flow of traffic, and to maintain
roadways and parking areas within the Property, and shall have the power to erect and maintain
street
and traffic signs, and to do anything which is consistent with and incidental to the objectives of this
Article. Persons failing or refusing to obey such Rules and Regulations may be refused admittance to
the Property or be lawfully removed therefrom.
ARTICLE X
EASEMENTS
All of the Property, including the Holiday Sites and common areas and facilities shall be subject
to such Easements for streets, driveways, walkways, parking areas, and for water lines, sanitary
sewers,
15c
storm drainage facilities, gas lines, telephones, electric power, television antenna cables, and other
utilities, as were established with respect to the Property prior to the subjecting of the Property to the
Original Declaration; and upon subjecting of the Property to the original Declaration; and upon the
request of the Club or the utility company, Owners hereby agree to grant easements at locations
requested for sewer, water, electricity, gas, telephones, television cable, and all appurtenances to
service, maintain and supply said utilities, it being understood that such easements will be located so
as
not unreasonably to interfere with the use and enjoyment of such Owner's Holiday Site. The Club
shall
have the power and authority to grant and establish upon, over, under, and across the common areas
and facilities conveyed to it such further Easements as are requisite for the convenient use and
enjoyment of the Property or which are required by any utility company or governmental authority or
the Developer in developing the subdivision or additions thereto.
ARTICLE XI
ANNEXTION OF ADDITIONAL PROPERTIES
The Club may, at any time, with the consent of the Owners thereof, annex additional properties
and common areas and facilities to the Property, and so add to its membership. Associate
membership
may be extended to persons who are not owners of Holiday Sites as may be authorized in the ByLaws
of the Club.
ARTICLE XII
NEW DECLARATION
Section 1. Developer's Rights. The parties hereby acknowledge that the Developer has the right
to submit to the New Declaration, and sell up to four undivided interests in, the Holiday sites listed in
Section 2 below. The New Declaration shall establish provisions for the creation, sale and use of such
undivided interest, and the administration of any time sharing system applicable thereto, so as not to
burden unreasonably the Club or its administrators. The New declaration may, at the Developer's
election, establish a lot owner's association or similar organization for administering any time sharing
system and for other related purposes. The Owner of an undivided interest in a Holiday Site subject
to
the New Declaration shall only have the right to occupy such Holiday Site for a number of days each
years that is proportionate to such Owner's Percentage Share of such Holiday site
16c
Section 2. Designated Lots. The Developer shall have the right to sell more than one undivided
interest in only the following Holiday Sites: (i) in Clusters 1 through 4, all lots owned by Developer on
the date hereof: (ii) in Cluster 5, lots 1-20, 92-108, 57-58, 197-213, 216-218, 233-235 and 274-279;
(iii) in Clusters 6, lots 12-96, 98-119, 156-159, 235-281, and 283; (iv) in Clusters 7, lots 12-15, 42,
45-77, 96-100, 103-112, 114, 116-124, 133-140, 142-146, 148, 150, 153-163, 165-171 and 900; (v) in
Clusters 8, lots 1, 3, 4, 6-8, 10-13 and 15; (vi) in Cluster 9, all lots owned by Developer on the date
hereof other than lots 26, 28, 29, 70, 280, 283, 284, 288, 293, 321, 322 and 325; (vii) in Clusters 10
and
10A, all lots owned by Developers on the date hereof.
Section 3. Club Assessment Fees. In addition to the dues, charges and other assessments made
by the Club pursuant to the Article V above, the Club shall be entitled to levy annually with respect to
each Holiday Site subject to the New Declaration in which an undivided interest has been sold, a
supplement to the Annual Dues equal to the lesser of $20.00 or the actual additional administrative
cost, if any, incurred by the Club on account of the multiple ownership scheme, if any, created by the
New Declaration. As and when the Developer sells an undivided interest in a Holiday Site subject to
the New Declaration, the purchaser of such interest shall pay to the Club, in accordance with the
Club’s
usual billing procedures, an initiation fee equal to (i) such purchaser’s Percentage Share of the
Holiday
Site in question multiplied by (ii) the standard initiation fee charged by the Club to Purchasers of
Holiday Sites which are not subject to the New Declaration.
ARTICLE XIII
RIGHTS OF OTHERS
The owners, weather one or more of the property, or lots or interest therein, described on
Exhibit B attached hereto, (the "Adjacent Property") shall have the right to use the following common
areas and facilities located on the Property: (i) the golf course and any expansion, improvements and
related facilities, on the same basis as Members; (ii) the lake, the boat dock and other areas agreed
to
by the Club, on the same basis and subject to the same rules and regulations as Members; and (iii)
the
roads on the Property to the extent necessary or appropriate for access from the Adjacent Property to
the golf course, boat dock and the other common areas available under this Article to owners of the
Adjacent Property.
17c
ARTICLE XIV
GENERAL PROVISION
Section 1 Duration: The covenant and restrictions of these Declaration shall run with and bind
the Land, and shall insure to the benefit of and be enforceable by the Club and the Owner of the
Holiday Site or interest therein subject to this declaration, their respective legal representatives, heirs,
successors and assigns, for a term commencing on the date this amended and restated Declaration
is
recorded and terminating on September 30, 1996, after which time said covenants shall be
automatically extended for successive periods of ten (10) years each, unless this Declaration is
amended as hereinafter provided in this Article.
Section 2. Amendment- At any time this Declaration may be amended by (ii an instrument
signed by Members entitled to cast 67% of the total votes of the Club, or (ii) at a duly called meeting
of
the Club, at which a quorum is present, by the affirmative vote of Members entitled to cast 67% of the
total votes of the Club. Written notice of any proposed amendment to be approved at a meeting as
aforesaid shall be sent to every Owner at least thirty (30) days in advance of such meeting.
Section 3. Enforcement The Club or any Owner of a Holiday Site, or interest therein, shall have
the right to enforce, by any proceeding at law or in equity, all restrictions conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure
of the Club or any Owner to enforce any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. The posting of bond, collateral, surety, or other
guaranty in connection with suits filed in law or in equity by the Club to enforce, or recover damages
for breach (es) of, any restrictions, condition, covenant, reservation, lien or charge now or hereafter
imposed by the provisions of this Declaration or amendments thereto, is hereby waived by Owners of
Holiday Sites; and Owners, by accepting deeds to Holiday Sites, agree that the costs, including
reasonable attorney's fees, together with interest, shall be added to the amount of, or included in, any
judgment or decree obtained against such Owner or Owners by the Club. Each such Owner, except
for
Class 3 Members, hereby appoints the Registered Agent of the Club as their agent to receive and
accept
civil process against them if the Owner against whom the process is directed shall not otherwise then
be a resident of Caroline County, Virginia.
Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any other provision which shall remain in full force and effect.
18c
Section 5. Condemnation: In the event that any part of the common area or facilities are
appropriated or otherwise taken under the power of eminent domain, the proceeds of the
condemnation
action shall be used as the Board of Directors deems proper under the circumstances, and in
accordance
with the purpose for which the Club is incorporated, including the acquisition of additional land or
easement ( if available ) to be used in the place and stead of the lands so condemned.
Nothing herein contained shall prevent any Owner, whose Holiday Site is directly damaged by
such condemnation, from contesting the same and seeking an award for the impairment of the rights
and easement immediately appurtenant to such Holiday Site.
Section 6. Notice. Any notice required to be sent to any Owner or Member under the provisions
of this Declaration shall be deemed to have been properly sent and received when mailed, first-class
postage prepaid, to the last address known to the Club of the person who appears on the Club's
record
as Owner at the time of such mailing; or if the Owner or Member is present at the meeting and does
not
so attend solely for the purpose of objecting to non-receipt of notice.
Section 7. Conflict Between Articles of Incorporation, Declaration and By-Laws. If there is any
conflict between any of the Articles of Incorporation of the Club and/or and provisions of the By-Laws
of the Club and/or the provisions of this Declaration, then, and in the event of any such conflict, the
Articles of Incorporation shall control, rule, and take precedence over the By-Laws and this
Declaration; and, further, in any such conflict, this Declaration shall control, rule, and take precedence
over the By-Laws.
Section 8. Real Estate Taxes. Each and every Owner shall be responsible and chargeable for any
real estate taxes or any other governmental assessment or charges made against Holiday Sites
owned by
him.
Section 9. Liability Exculpation. By acceptance of deeds to the Property, Owners do agree and
covenant for themselves, their guests, and delegates, that the authority granted herein, and in the
Articles of Incorporation and By-Laws of the Club, to the Club (its Board of Directors and/or
Environment Preservation Committee) to make, publish, and enforce Rules and Regulations and to
perform other acts or functions shall not be deemed a “right to control” or to otherwise create such a
legal relationship between the Club and any person or other entity, not a regular employee of the
Club,
as to cause the Club to be vicariously liable for the willful or negligent acts or omissions of such
person
or other entity; and Owners, for themselves and for their guests and delegates, assume all risks in the
use of Common areas and facilities.
19c
Section 10 Supersede : This amendment and restated Declaration hereby supersedes in all
respects the Original Declaration applicable to the Property and the Adjacent Property. In the event of
any conflict between the provisions of the Original Declaration and this Declaration, the terms of this
Declaration shall control.
Sect ion 11. Release; Vacation: The, Adjacent Property is hereby released in all respects from the
Original Declaration, and this Declaration shall in no way benefit or burden the Adjacent Property
except as expressly set forth in Article XIII hereof, and the Original Declaration shall hereby be
deemed vacated and void with respect to the Adjacent Property.
WITNESS the following signatures and seals
THE FOUR WINDS CLUB, INC.
By: Leroy B. Oeters
Title: President
ASSOCIATED MORTGAGE INVESTORS
By: James R. Guering
Title: Executive Vice President
STATE OF VIRGINIA
CITY/COUNTY OF CAROLINE
The foregoing instrument was acknowledged before me this 11th day of October, 1986 by
Leroy B. Oeters, as President of THE FOUR WINDS CLUB, INC., a Virginia non-stock corporation,
on behalf of the corporation.
My commission expires: 12-29-87
Mary E. Strickland
Notary Public
20c
STATE OF FLORIDA
CITY/COUNTY OF LEON
The foregoing instrument was acknowledged before me this 26th day of September, 1986 by James
R.
Guerino, as Executive Vice President of ASSOCIATED MORTGAGE INVESTORS, a Massachusetts
business trust, on behalf of the trust.
My commission expires: 12-25-89
Lorie J. Davis
Notary Public
21c
EXHIBIT A
Attached to and made a part of The Four Winds Amended and Restated Declaration of Covenants,
Conditions and Restrictions, dated September 1, 1986.
CLUSTERS I, II, III AND IV OF FOUR WINDS SUBDIVISION
As the same are duly dedicated, platted and recorded in the Clerk's Office of the Circuit Court of
Caroline County, Virginia, in Deed Book 178, page 340;
CLUSTERS V, VI, VII, VIII AND IX OF FOUR WINDS SUBDIVISION
As the same are duly dedicated, platted and recorded in the Clerk's Office of the Circuit Court of
Caroline County, Virginia, in Deed Book 190, page 490; and
CLUSTERS X AND X-A OF FOUR WINDS SUBDIVISION
As the same are duly dedicated, platted and recorded in the Clerk's Office of the Circuit Court of
Caroline County, Virginia, in Deed Book 195, Page 350, as corrected by instrument recorded in the
aforesaid Clerk's Office, in Deed Book 199, page 304.
22c
EXHIBIT B
Attached to and made a part of The Four Winds Amended and Restated Declaration of Covenants,
Conditions and Restrictions, dated September 1, 1986.
CLUSTER XI OF FOUR WINDS SUBDIVISION
As the same is duly dedicated, platted and recorded in the Clerk's Office of the Circuit Court of
Caroline County, Virginia, in Deed Book 195, page 350, as corrected by instrument recorded in the
aforesaid Clerk's Office in Deed Book 199, page 304;
CLUSTER XII AND XV OF FOUR WINDS SUBDIVISION
As the same are duly dedicated, platted and recorded in the Clerk's Office of the Circuit Court of
Caroline County, Virginia, in Deed Book 199, page 279;
CLUSTERS XVI, XVII, XVIII, XIX, AND XX OF FOUR WINDS SUBDIVISION
As the same are duly dedicated, platted and recorded in the Clerk's Office of the Circuit Court of
Caroline County, Virginia, in Deed Book 199, page 402.
23c
Reference for above: Deed Book 308, Page 459
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
The Four Winds Club, Inc.
Disclosure Package
www.FourWindsClub.com
Phone Numbers:
Office/Security 804-742-5739
Golf Course 804-742-5647
Fax 804-742-5045
Restaurant 804-742-5110
The Four Winds Club, Inc. is a non-stock corporation and is incorporated in the State of Virginia
Common Interest Community Association Certification Number 0250 003272
Registered Agent:
Bruce Tutor
PO Box 7
Rappahannock Academy, VA 22538 Revised February 2011
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
The following documents are included in the Disclosure Packet issued by The
Four Winds Club, Inc.
Page 2 and 3 - Association Disclosure Packet Index
Page 4 – List of current Board of Directors
Page 5 and 6 - Common Interest Community Association Disclosure
Page 7 and 8 - Association Disclosure Packet Notice
Page 9 - Disclosure Acknowledgment
Page 10 - Representation by Seller
Page 11 - Policy Resolution 97-1
Page 12 and 13 - Policy Resolution No. 96-1
Page 14 and 15 - Special Provisions Applicable to Campground/Camping Area
Page 16 - Maintaining Records and Access to Records
Page 17 - Caroline County Administration and Enforcement
Page 18 and 19 - Building Permit Requirements
Page 20 – Caroline County Four Winds Campground Building and Zoning Permits
Page 21 - Swimming Pool Rules and Regulations
2
Page 22 - Member and Permanent Guest Registration Form
Page 23 to 27 – Four Winds Club Rules and Regulations
Page 28 – CICB Complaint Form
Page 29 to 31 - Consumer Notice of Tap Water Results
Page 32 to 34 – Electrical Power Surge Policy
Page 35 to 37 – Consumer Notice of Tap Water Results
Page 38 to 39 – Balance Sheet
Page 40 to 41 – Statements of Cash Flows
Page 42 – Statements of Income
Page 43 to 51 – Original Articles of Incorporation
Declaration of Covenants, Conditions and Restrictions
3
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
Board of Directors
2010 - 2011
Beth Knight President
Brent Crostley Vice President
Mike Taylor Treasurer
Bob Szerszynski Secretary
Bill Schindele
Bruce Tutor
Champ Carter
Revised February 2011
4
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
Date:_____________ Cluster:________ Lot(s):___________
To: _______________________________________________
Common Interest Community Association Disclosure
The seller represents that the property is located within a development, which is a Common Interest
Community Association (Chapter 851 of the code of Virginia). If the property is within such a
development, the code requires the Seller to obtain from the association an association disclosure
packet and provide it to the purchaser. The information contained in the association disclosure packet
shall be current within 30 days of the date of the contract. The purchaser may cancel this contract: (a)
within 3 days after the contract, or if on or before the date of the contract, the purchaser receives the
association disclosure packet or is notified that the association disclosure packet is not available; (b)
within three days after receiving the association disclosure packet or notice that the association
disclosure packet will not be available is hand delivered or delivered by electronic means and a
receipt
obtained; or (c) within six days after the postmark date if the association disclosure packet or notice
that the association disclosure packet will not be available is sent to the purchaser by United States
mail. The purchaser may also cancel this contract at any time prior to settlement if the purchaser has
not been notified that the association disclosure packet will not be available or the association
disclosure packet is not delivered to the purchaser. Notice of cancellation shall be provided to the lot
owner or his agent by one of the following methods:
1. Hand delivery;
2. United States mail, postage prepaid, provided the sender retains sufficient proof of mailing, which
may be either a United States postal certificate of mailing or a certificate of service prepared by the
sender confirming such mailing;
3. Electronic means provided the sender retains sufficient proof of the electronic delivery; which may
be an electronic receipt of delivery; a confirmation that the notice was sent by facsimile, or a
certificate
of service prepared by the sender confirming the electronic delivery; or
4. Overnight delivery using a commercial service or the United States Postal Service.
5
In the event of a dispute, the sender shall have the burden to demonstrate delivery of the notice of
cancellation. Such cancellation shall be without penalty; and the seller shall cause any deposit to be
returned promptly to the purchaser.
Any rights of the purchaser to cancel the contract are waived conclusively if not exercised prior to
settlement.
The provisions, as stated above, may not be varied by agreement, and the rights conferred by this
agreement may not be waived.
Failure to receive copies of the association disclosure packet shall not excuse any failure to comply
with the provisions of the declaration, articles of incorporation, bylaws, or rules or regulations.
The disclosure packet shall be delivered in accordance with the written request and instructions of the
seller or his authorized agent, including whether the disclosure packet shall be delivered electronically
or in hard copy and shall specify the complete contract information for the parties to who the
disclosure
packet shall be delivered.
The seller or his authorized agent may request that the disclosure packet be provided in hard copy or
in
electronic form. An association or common interest community manager may provide the disclosure
packet electronically; however, the seller or his authorized agent shall have the right to request that
the
association disclosure packet be provided in hard copy. The seller or his authorized agent shall
continue
to have the right to request a hard copy of the disclosure packet in person at the principal place of
business of the association. If the seller or his authorized agent requests that the disclosure packet
be
provided in electronic format, neither the association nor its common interest community manager
may
require the seller or his authorized agent to pay any fees to use the provider’s electronic network or
system. If the seller or his authorized agent asks that the disclosure packet be provided in electronic
format, the seller or his authorized agent may designate no more than two additional recipients to
receive the disclosure packet in electronic format at no additional charge.
This disclosure packet is current as of May 2010.
6
Association Disclosure Packet Notice
Revised December 2008
The name of your association is: THE FOUR WINDS CLUB, Inc.
Note to prospective purchasers: The lot you are considering purchasing is in a development, which
is
subject to the provisions of the Common Interest Community Association. This community
association
carries with it certain rights, responsibilities and benefits.
Some of the benefits include the right to use common areas, which include the swimming pool, parks,
playgrounds, lakes, river dock and boat ramp, and other recreational facilities. In order to finance the
operation of the community, each owner is responsible for and obligated to pay regular assessments,
and if necessary, special assessments to ensure that the financial requirements are met. Failure to
pay
any of these assessments may result in a lien being placed against you, and/or foreclosure on your
property.
The use of common areas, financial obligations of lot owners' and other information concerning the
rights, responsibilities and benefits resulting from the purchase of a lot in this common interest
community are subject to the provisions of governing documents that include a Declaration, Bylaws,
Articles of Incorporation and Rules and Regulations. These documents play an important role in all
association relations, and should be reviewed carefully prior to your purchase.
Some decisions of your association will be made by the Board of Directors, while others will be made
by a vote of all association members, made up of the lot owners in your development. You will be
bound by all decisions of the Association, and of the Board of Directors. The documents cited above
contain information concerning the selection of members of the Board of Directors, meetings, voting
requirements, and other important information you should become familiar with. REMEMBER: Failure
to comply with the governing documents of your association can result in legal action being taken
against you and your property in this Association.
You may wish to become active in your Association, either by running for the Board of Directors or by
serving on a committee. Your involvement is important; it is your opportunity to become involved in
the decisions being made by the Association and the Board of Directors
Assessments and/or Mandatory Fees you are responsible for:
Membership Dues: $1,100.00 per lot per year. A lot may only contain 1 camper. Owners who
spend more than 180 nights at the campground in any 12 month period will be assessed an
$8.00 per day penalty. Dues are payable on the first of January each year. Four Winds offers
quarterly payments, payable on:
January 1, April 1, July 1, and October 1. A late fee of 8% will be applied to all accounts in
arrears more then 30 days. In addition, all electric power will be disconnected from the member’s
lot(s) and a reconnect fee of $100.00 will be charged. Should the account remain in arrears in
excess of 60 days, the property is subject to a property lien and subsequent non-judicial foreclosure
action.
Special Assessment Fee: $100.00 for the year 2007 and 2008.
Off-Road Vehicle Registration Fee: Golf Carts are required to be registered prier to entering Four
Winds Club. The registration fee is $15.00 per year.
7
Return Check Fee: All returned checks are subject to a $50.00 processing fee.
Guest Fee: Guests of members are required to pay a $5.00 per person per day entrance fee.
Permanent Guest List: Your immediate family (mother, father, adult children and
boyfriend/girlfriend if unmarried) can be registered on a permanent guest card maintained at the
security gate. There are no charges for immediate family members on your permanent
guest list.
Electric Reconnection Fee: There is a $100.00 electrical reconnection fee, should your power be
disconnected. Accounts must be brought current before power will be reconnected.
Permanent Sewage Connections: Should the member wish to have a permanent sewage
connection, a one fee of $150.00 per year will be assessed to the member. All construction is the
responsibility of the member. All connections are subject to inspection.
Failure to pay any of the Membership Dues, Assessments, and or Fee’s may result in the
following actions.
Late fee’s charged at 8% per annum.
Electric service disconnected.
The suspension of your rights to use common areas.
Single infractions of the By-Laws, Covenants, or Rules and Regulations may carry a fine
of up to $50.00. Any infraction of an ongoing nature can carry an additional fine of up
to $10.00 per day for 90 days. See Resolution 96-1, paragraph 15 for more information
relating to your rights, and procedures.
All legal fee’s, collection fees, and Court fee’s are the responsibility of the Member/Owner.
ALL DOCUMENTS AND INFORMATION CONTAINED IN THIS DISCLOSURE PACKAGE
PLAY AN IMPORTANT ROLE IN THIS COMMON INTEREST COMMUNITY, AND
SHOULD BE REVIEWED CAREFULLY PRIOR TO YOUR PURCHASE OF THE
PROPERTY.
Recipient Name (printed): ______________________________
Recipient Signature: ___________________________________ Date: ____________
8
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
Disclosure Acknowledgment
Gentlemen:
I, We, acknowledge receipt of the property owners report pursuant to the Interstate Land Sales Full
Disclosure Act, Commonwealth of Virginia, and that I, We, have read and understand said report and
I,
We, have inspected the lot to be purchased hereby and wish to proceed with the purchase of said
property.
Cluster: _____ Lot(s) _______
Purchaser’s Printed Name: _________________________________
Purchaser’s Signature: __________________________________ Date: _____________
Purchaser’s Printed Name: _________________________________
Purchaser’s Signature: __________________________________ Date: _____________
Witness: ________________________________ Date: _____________
9
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
Representation by Seller
Seller represents to the Purchaser that (a) the Property is located within a development which is
subject
to the Common Interest Community Association (Chapter 851 of the code of Virginia) and (b) the
code
requires the Common Interest Community Association to provide Seller, within (3) days with a
disclosure packet which the Seller must provide to the Purchaser.
Seller agrees to request a disclosure packet from the Association promptly, and upon receipt thereof to
provide it to the Purchaser promptly. If seller fails to provide the disclosure packet to the Purchaser on or
before _______________ the Purchaser may void the Contract by giving written notice thereof to Seller
or
Seller's agent by hand delivery, by United States mail, electronic delivery or overnight delivery, return
receipt request, within (72) hours following the deadline set forth above.
WITNESS the following duly authorized signatures and seal:
Sellers Printed Name: ___________________________________
Sellers Signature: __________________________________ Date: ____________
Sellers Printed Name: ___________________________________
Sellers Signature: __________________________________ Date: ____________
Purchasers Printed Name: ________________________________
Purchasers Signature: _______________________________ Date: ____________
Purchasers Printed Name: ________________________________
Purchasers Signature: _______________________________ Date: ____________
10
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
The Board of Directors, at its February 23, 1997 meeting, unanimously adopted Policy
Resolution 97-1 defining "Used as a Residence" in Article VIII, Section 2(a) of the Four Winds
Declaration of Covenants, Conditions and Restrictions:
Policy Resolution No. 97-1
(Interpretation of 'Used as a Residence" as the phrase is used in Article VIII, Section 2(a)
of the Four Winds Declaration of Covenants, Conditions and Restrictions)
WHEREAS, Article VIII, Section 2(a) of the Four Winds Declaration of Covenant a,
Conditions and Restrictions ('Declaration") prohibits a Holiday Site (as defined therein) from being
used as a residence nor, without the written permission of the Environment Preservation Committee
'of the Club, be continuously occupied for a period in excess of sixty (60) days.
WHEREAS, the Four Winds Board of Directors deems it desirable to formally adopt a
Resolution advising all Owners as to what con3titutes ·used as a residence" as such phrase is used
in
the Declaration.
NOW THEREFORE, BE IT RESOLVED THAT:
The phrase "used as a residence" as used in Article VIII, Section 2(a) of the Declaration
-shall continue to refer to:
Any person who is domiciled in the Four Winds Club
or any person who maintains his/her place of abode in the Pour Winds Club for an
aggregate of 183 days or more during any calendar year.
This Resolution was duly adopted by the Board of Directors this 23rd day of
February, 1997.
THE FOUR WINDS CLUB, INC.
(s) David Phillips
David Phillips, President
11
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
The Board of Directors intends to actively enforce the Covenant prohibiting residency and occupancy
for
more than 60 consecutive days. This Resolution, which is in accordance with Virginia Code, will be
administered by the Environment Preservation Committee according to the procedures outlined in
Policy
Resolution No. 96-1 below:
Policy Resolution No. 96-1
(Creation of Procedures to Ensure Due Process in
Enforcement Cases)
WHEREAS, the Virginia Condominium Act provides the Board of Directors with the
power to assess monetary charges against members of the Association who are responsible for
violations of the regulations of the Association;
WHEREAS, the Virginia Condominium Act requires the Board of Directors to formally
adopt and publish a written resolution to enact the statutory power to assess monetary charges
against members for violations of the regulations of the Association; and
WHEREAS, for the benefit and protection of all of the members of the Association, .the
Board of Directors deems it desirable to formally adopt a resolution to enact the statutory power to
assess monetary charges and to establish a procedure for enforcement of the regulations of the
Association which are consistent with principles of due process and Virginia law.
NOW, THEREFORE, BE IT RESOLVED THAT:
The Board of Directors or its agents, on behalf of the Association, may issue a citation
to any owner whose behavior or use of property does not conform to the Association's regulations.
A first notice of citation shall be issued in writing and delivered by regular mail to the
owner at his/her address listed in t he Association's records, and to the. property address, if the
owner's listed address is different from the property address.
The first notice of citation shall generally advise the owner of the nature of the offense,
cite the specific provision within the Association's regulations which has allegedly been violated,
specify the remedy required, and state the number of days within which corrective action must be
completed.
If the offense is not remedied within the number of days requested in the notice of
citation, the Board of Directors reserves the power to issue a second notice of citation, which shall
follow the basic form of the first notice of citation and include any additional information deemed
important by the Board of Directors concerning the offense.
The second citation shall also warn the owner of the. Board's power to impose monetary
charges for offenses of the Association's regulations and shall inform the owner of his/her right to
request a hearing before the Board of Directors to contest the citation. The notice of citation shall
request the owner to confirm in writing by a certain date his/her desire for a hearing to contest the
citation.
12
The second notice of citation shall be delivered by hand or mailed by registered or certified mail,
return
receipt requested, to the 'owner at his/her address listed in the Association's records, and to the
property
address, if the owner's listed address is different from the property address. Notification will be
deemed
effective if any owner fails or refuses to sign for any registered or certified mailing from the
Association.
If the offense is not remedied within the number of days requested in the second notice
of citation, and the owner has not requested a hearing in writing by or before the hearing confirmation
date, the owner shall be deemed effective have waived the right to a hearing and the Board of
Directors
shall have the power to impose monetary charges. The Board of Directors shall not be required to
conduct a hearing unless the owner formally requests a hearing in writing by or before the deadline
set
forth in the second notice of citation.
When a hearing is requested by the owner in writing by or before the deadline, the Board of
Directors shall set the time, date, and place of the hearing at its discretion.
Written notice of the time, date and place of the hearing shall be delivered to the owner by
hand or mailed by registered or certified mail, return receipt requested, to the owner at least 14 days
in
advance of the hearing 'date. At the hearing, the Board of Directors shall provide the owner with a
reasonable amount of time to present any and all defenses to the citation. The owner may have
counsel
present at the hearing.
Following the hearing, the Board of Directors shall meet in executive session to determine
whether satisfactory proof of the alleged violation was presented, and' if so, whether monetary
charges
shall be imposed.
When the Board's judgment is unfavorable to the owner, the Board shall undertake the
administrative actions required to affect the monetary charge as an assessment against the owner's
lot.
Monetary charges may not exceed $50.00 for a single offense or $10.00 per day for any offense of a
continuing nature.
The Board of Directors reserves the power to hold owners legally responsible for
ensuring that their tenants, guest, or invitees comply with the Association’s Regulations.
The procedures outlined in this resolution may be applied to all violations of the
Association Regulations, but do not preclude the Association from exercising other enforcement
procedures and remedies authorized by the association’s legal documents, including, but not limited
to,
the initiation of suit or self-help remedies. The Board of Directors reserves the power to assign all of
its power and responsibilities herein to a standing or special committee of its choice. The effective
date
of this Resolution shall be, January 1, 1997.
13
Caroline County Zoning Ordinance
Article XV - Supplemental Regulations
Section 20 SPECIAL PROVISIONS APPLICABLE TO
CAMPGROUNDS/CAMPING AREA (Adopted July 22, 2003)
The following standards shall apply to all campgrounds/camping areas, and individual lots within
those
areas.
1. Permanent occupancy of any camping lots shall not be permitted. The maximum number of
overnight stays shall not exceed 180 days in any twelve month period.
2. A register shall be kept by campground/camping area operator for three (3) years, which shall at all
times be available for inspection by code enforcement officials. The register shall show the name of
each lot owner, the address and lot number, name, model and identification number of all recreational
vehicles on such lot at any time, and the dates of occupancy.
3. Improvements within lots.
(a) The regulations for individual lots provided for in this Article shall be in addition to any applicable
regulations of governed by the Virginia Uniform Statewide Building Code.
(b) Camping Lot. The size of each camping lot must be great enough to accommodate the
dimensions
of recreational vehicles anticipated, including accessory structures, and including required distance
between recreational vehicles as set forth herein. Each space shall be located at such elevation,
distance, and angle to an access street so that placement and removal of the recreational vehicle
may be
undertaken without difficulty. Each space where a recreational vehicle is parked shall be constructed
so
as to provide for the support of the maximum anticipated loads during all seasons and must be
constructed with an adequate longitudinal gradient and with a crown and cross gradient for surface
drainage.
(c) Distance between units. There shall be ten (10) feet or more distance between individual
recreational vehicles including accessories as permitted by this Article.
(d) No recreational vehicle or accessory use or temporary structure thereto shall be situated any
closer
than five (5) feet to a property line.
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(e) Additions to recreational vehicles. No permanent or semi-permanent structure shall be affixed to
any recreational vehicle as an addition to such recreational vehicle, nor shall any accessory structure
be
permitted on any camping lot except as provided below.
(1) A deck may be provided for use by the occupants of a recreational vehicle provided the deck is no
larger than 180 square feet and extends no further than ten (10) feet beyond the recreational vehicle.
(2) A porch may be provided for the use of the occupants provided it does not exceed two-hundred
(200) square feet and extends no further than ten (10) feet beyond the recreational vehicle. At least
50%
of each porch wall shall be windows, screens and/or doors.
(3) A protective awning may be constructed above a recreational vehicle provided it extends no
further
than one (1) foot on any side of a recreational vehicle and the maximum height of the roof shall not
exceed fifteen (15) feet.
Storage. A storage facility no larger than one hundred-fifty (150) square feet may be located on any
recreational vehicle lot provided that such facility will be constructed of a weather resistant material
and must be screened to minimize visibility.
4. As used herein the term "campground" means any area that is occupied and intended or designed
or
improved for temporary occupancy by individuals using recreational vehicles, tents, motor homes,
boats, and similar vehicles for temporary dwelling, lodging, or sleeping purposes. The term
"recreational vehicle" means any vehicle built on a chassis, containing 400 square feet or less when
measured at the largest horizontal projections and is designed to be self propelled or towed by
another
vehicle. A recreational vehicle is not designed nor intended for use as a permanent dwelling, but as
for
temporary living quarters for recreational camping, travel, or seasonal use. This definition includes
vehicles such as travel trailers, motor homes, boats, house boats, and camping shells on trucks and
campers
5. Manufactured home, as defined in Article 2 of this ordinance, shall be prohibited.
15
THE FOUR WINDS CLUB, Inc.
PO Box 7, Rappahannock Academy, VA 22538
804-742-5739
Maintaining Association Records and Access to Those
Records
Record-keeping requirements:
“Detailed” records.
Operational and Administration.
Including income received and expenses incurred.
Inspection Requirements:
All books and records kept by or on its self
Available for inspections and copying.
By a member “In Good Standings”
Or authorized agent
To protect his interest
Limitations on Inspection:
During regular business hours.
Mutually convenient times and location.
Exceptions to Inspection:
Personal records to include members and employees.
Members financial records.
Medical records
Records relating to business transactions currently in negotiations.
Complaints against members.
Recovery of Cost:
Actual cost to include labor and material.
Cost of providing copies.
Member must be “In Good Standings”
16
County of Caroline Virginia
Article XVII
Administration and Enforcement
Repealed & Replaced July 25, 2006
Section 1 - Purpose
The purpose of this Article is to establish the requirements and procedures for rezonings, special use
permits, amendments to the text of this ordinance and to the zoning map, amendments to the
Comprehensive Plan, and for obtaining zoning permits, certificates of occupancy and zoning
compliance as required by this Ordinance.
Section 2 - Enforcement
This ordinance shall be administered and enforced by the Zoning Administrator who shall be
appointed by the governing body. The Zoning Administrator or any authorized assistant thereof,
upon proper identification, shall have the right to enter upon any land or into any building for
the purpose of making an inspection or acquiring information to determine whether or not the
property and the use thereof conform to the requirements of this Ordinance.
6. If the Zoning Administrator shall find that any of the provisions of this Ordinance are being
violated, he shall notify in writing the person responsible for such violations, indicating the
nature of the violation and ordering the action necessary to correct it. He shall order
discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or
structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal
work being done; or shall take any other action authorized by this ordinance to ensure
compliance with or to prevent violation of its provisions.
Section 3 - Zoning Permits Required
Except as expressly permitted herein, no permitted use, accessory use, temporary use, or special
use
shall be initiated nor shall any building, structure, or mobile home erected, constructed, altered,
stored,
located, moved, converted, extended or enlarged or used or changed in use without a zoning permit
issued by the Zoning Administrator. No zoning permit shall be issued by the Zoning Administrator
except in conformance with the provisions of this Ordinance.
17
Building Permit Requirements
As of January 1, 2004
As per Caroline County, VA.
ANY STRUCTURES OVER 150 sq. ft. REQUIRES A CAROLINE CO. PERMIT
1. Your Cluster, and lot(s) #'s.
2. A site plan: This is a simple drawing of your lot, your location of the trailer, and other
buildings that are on your lot. We need the size of your trailer body (do not include Tongue or spare
tire, ECT), and the sizes of any structures that are already constructed.
3. A detailed drawing of your proposed building, and or deck. Along with the location of where
you want to put the proposed project in relationship to your trailer, and or other buildings.
A. In the drawing you must show your footers, with concrete pours, your dimensions. Show your floor
joists, your hangers, your sub-floors, and or floor cover.
a. You need wall dimensions, showing spacing, as well as windows, doors, and bracing, including
headers, and supports for your wall.
b. You will need to show your rafters, and overhangs, face boards, and how you intend to close your
roof in, including roof sheeting, and roofing materials.
c. If a member/camper is the builder, they should know, or learn building code. All buildings now
built in Four Winds will have to meet state, and county codes.
B. Caroline County will not issue a building permit unless Four Wind's E.P.C. chairman has signed off
on a Four Winds Permit. This is a requirement of Caroline Co.
4. RULES TO FOLLOW IN YOUR REQUEST:
1. Your set backs on your property lines are min. of 5 feet from your side property lines, and 15
feet from the center of any road. *This I5-foot can be a judgment call if your property lines are
not straight, or if it is deemed that your triangulated property lines or other conditions that are
deemed cause a problem with traffic, or erosion. Structures have to be at least 5ft.from the road
side.
2. Lumber sizing will depend on V.S.B.C. Codes, and your contractor and or E.P.C. chairman can
give you help if you are not using a lie. Contractor.
3. Your walls must have at least 50% window openings. These can be in the form of screens only,
or you may use regular windows.
18
4. Your roof line at it's highest point be more that 4 foot over your trailer measured from the edge
of your trailer roof at the center of your trailer. Not at the highest point of your trailer roof. If
your trailer has an "A" roof the measurement will be from the edge of the roof closest to the
outside walls. Never is any structure to be taller than IS-foot high measured at its highest point.
5. The porch or deck shall not be tied into the trailer permanently. Roof lines shall not be attached
to your trailer.
6. All perimeter boards will be bolted with through bolts at all points of contact with foundation
lumber, this includes the center support for structures over 6 foot in width.
7. Notching of floor joists or rafters is not allowed. These must have approved hangers with
approved nails.
8. When any judgment calls or disputes with building sizes, heights, lumber sizing, erosion
problems, set-backs from property lines, or mistakes from your E.P.C. committee will be left at the
discretion, and the decision of Caroline Co. Building and Zoning Department.
9. MOST IMPORTANT: No member/camper/building materials supplier, or contractor will be
allowed to bring building materials into the campground under any circumstances with out a building
permit. If you are repairing an existing building, or trailer just apply at the office and the EPC chairman
will provide you with a materials pass to bring in the proper materials to perform your repair job.
10. All electric wiring will be governed, and inspected as per state codes and law and must be
completed in order to get a final inspection. You will need this inspection before the County will allow
occupancy.
11. Contractors: You are not allowed to bring in any materials that you do not have building permits
for. The Guards will not let your trucks, or trailers in. They must stay outside of the gates. This
includes members/ campers, guests.
19
County of Caroline
Kevin Wightman, Building Official
Department of Planning
& Community Development
233 West Broaddus Avenue
P.O. Box 424
Bowling Green, Virginia 22427
(804) 633-1766 Fax
(804) 633-4303 ext. 502 Direct
MEMORANDUM
To: Property Owners
Four Winds Campground
From: Kevin R, Wightman
Building Official
Date: December 5, 2006
Re: Four Winds Campground
Building and Zoning Permits
On July 22, 2003, the Caroline County Board of Supervisors adopted regulations that allowed a limited
amount of physical improvements to camping lots in Four Winds. A copy of the regulations is attached. It
has come to our attention that there has been a significant amount of construction activity within Four
Winds that has not been permitted or inspected by Caroline County.
The Department of Planning & Community Development would like to remind you that a building and
zoning permit is required for construction in Four Winds Campground. The most common type of
structures
within Four Winds requiring a permit include, but are not limited to porches, decks, sheds, canopies and
docks.
All structures must meet current zoning and building code requirements. Any attempt to undertake or
complete construction without a building and zoning permit is a violation and will be treated as such.
Also, please note that County regulations require a structure constructed without a building & zoning
permit, or a passed final inspection, be brought into compliance with current zoning regulations and
building code requirements, or the removal of such structure if it cannot be brought into conformance.
The Department is working on a plan to best address the building and zoning code issues within the
campground. We have been in contact with Four Winds management and Property Owners will be
notified
when a plan has been finalized.
Please feel free to call me at (804) 633-4303, if you have any questions.
cc: Michael A. Finchum, Director
Gary D. Mitchell, Zoning Administrator
Calvin B. Taylor, Port Royal District Supervisor
20
Swimming Pool
Rules and Regulations
Regular swimming attire is required. NO CUT -OFF SHORTS PERMITED.
NO CHILDREN WEARING DIAPERS WILL BE PERMITTED AT ANYTIME INTO
THE POOLS.
No children under the age of eight (8) are permitted unless accompanied by an
adult.
No horseplay or running will be permitted at anytime.
The diving board and the slide will be closed when the pool is crowded.
No pets are allowed in the pool area.
No beach toys will be allowed when the pool is crowded.
No foam toys are permitted in the pool or the pool area.
No food drinks, chewing gum, or smoking inside of the fenced area.
UNDER NO CIRCUMSTANCES WILL ALCOHOL BE PERMITTED IN THE POOL
AREA.
Only two (2) warnings for infractions will be given before you are asked to leave the pool area.
It will be up to the lifeguard on duty to let you return.
The pool will be closed immediately in the event of BAD WEATHER conditions such as
thunderstorms, and or electrical storms.
Normal pool hours will be posted each year.
No flotation devices will be allowed in the pool when the pool is crowded, other then approved
life preservers.
21
The Four Winds Club. Inc
Member and Permanent Guest Registration Form
Member Name _____________________________ Cluster ____ Lot No. ______________
Home Phone No. _____________ Cell Phone No. _____________ Work Phone ______________
Auto License Plate No. _________________ ___________________
Emergency Contact Person _________________________ Relationship ________________
Home Phone _______________ Cell Phone _______________ Work Phone _____________
Permanent Guest List (Proof of Relationship Required. Limited to One (1) Significant Other)