CC&Rs

Chincoteague Bay Trails End Association, Inc. (CBTEA, Inc.)

2002 07461

AMENDED DECLARATION OF COVENANTS OF CHINCOTEAGUE BAY TRAILS END ASSOCIATION, INC.

THIS AMENDED DECLARATION OF COVENANTS OF CHINCOTEAGUE BAY TRAILS END ASSOCIATION, INC., dated this 29th day ofNovember, 2002, provides as follows:

WHEREAS, by Declaration of August 9, 1977, recorded August 10, 1977, in the Clerk's Office for the Circuit Court of Accomack County, Virginia, in Deed Book 387, at page 58, <"' -:; idc Properties, Inc., a Virginia corporation (sometimes hereinafter referred to as "Seaside''), imposed certain covenants and restrictions on a tract of real estate situated in Acc.omack County, Virginia, known as "Chincoteague Bay-Trails End;., and

WHEREAS, the real estate Chincoteague Bay-Trails End is as of the date of this f , m · ndcd Declaration shown on plats recorded in the aforesaid Clerk's Office in Plat Book 19, at P :-i f'es 15, 15A, 25, 25A, 25B, 25C, 25D, and 25E; Plat Book 23, at Pages 53, 94, 95, 96, and 97; Plat Book 24, at Pages 33 and 34; Plat Book 25, at Pages 63 and 64; Plat Book 26, at Page 23; Plat Book 90, at Page 132; and Deed Book 434, at Page 114; and

WHEREAS, the declarant imposed on each lot within Trails End certain covenants and restrictions whether.such lot be held, conveyed, hypothecated, or encumbered, leased, rented, used. occupied or improved; and

WHEREAS, by the tenns of the then Declaration, the tenns thereof were capable of amennment as then outlined in Article XIX thereof; and

WHEREAS, said Declaration was amended in accordance with Article XIX therein in a cc..;rtaiu Amendment to Dec.Iaration of Covenants Chincoteague Bay Trails End dated May 15, 1985, whereby the original Declaration as amended and restated was recorded on June 29, 1987, in the ~oresaid Clerk's Office in Deed Book 524, at Page 36; .and

WHEREAS, under Article XVI, Tenn and Amendment of the Amendment to Declaration of Covenants Chincoteague Bay Trails End dated May 15, 1985, as aforesaid, such Amended !' .. c 1aration may in tum be amended as provided for thereunder; and .

WHEREAS, certain proposed amendments to the Amended Declaration have·been subnutted to the owners of campsites in. the Development;~~

WHEREAS, the approval of two-thirds (2/3) of the owners of campsites in the Development is required for the passage of any such amendment; and

WHEREAS, the person having the responsibility for calculating the number of owners entitled to vote, counting such votes, and otherwise supervising such vote, has reported to the Board of Directors of the Association that there are 1,658 votes of lot owners for approval of •such proposed amendments, a list of such owners voting in the affirmative being attached hereto

as Exhibit A, and that there are 163 votes of lot owners in opposition to such proposed amendments, a list of such owners voting in opposition being attached hereto as Exhibit B; and

WHEREAS, the Board of Directors of the Association has duly passed a Resolution in confonnity with and pursuant to the provisions of Article XVI attesting that such amendments are adopted pursuant to the affirmative action of the required number of lot owners, a copy of such Resolution duly attested by the Secretary of the Association, being attached to this Amended Declaration as Exhibit C.

NOW TIIEREFORE WITNESSETH: That the Declaration of Covenants of August 9, 1977, and recorded August 10, 1977} in the Clerk's Office of the Circuit Court for Accomack C1..>Unty, Virginia, in Deed Book 387, at Page 58, and amended andrestated by the Amendment to Declaration of Covenants Chincoteague J3ayTrails End, dated May IS, 1985, and recorded on June 29, 1987, in the aforesaid Clerk's Office in Deed Book 524, at Page 36, be, and are further amended in accordance with Article XVI so that the Amended Declaration of Covenants of Chincoteague Bay Trails End as restated and amended is as follow s:

I. DEFINITIONS.

The following terms as used in this Declaration are defined as follows:

a. "Articles" means the Articles of Incorporation of the Association.

b. "Association" means the Chincoteague Bay Trails End Association, Inc., a Virginia nonstock . corporation.

c. "Board" means the Board ofDirectors ofthe Association.

.J . "By-Laws" means the by-laws of the Association.

e. "Campsite" means a lot designated on the recorded plats or ~n any Supplemental Declaration for occupancy and use in accordance with these restrictions for camping purposes, or for puxposes as otherwise stated herein.

f. "Committee" means the Environmental Committee.

g. "Common Property" means all of the real property which is currently owned by or will be conveyed to the Association for the use of members of the Association and their guests. It

· .• udes all real property designated as Common Property in the Supplemental Declarations and all real property acquired by the Association for such use whether from Seaside Properties, Inc. or otherwise, together with improvements which may at any time be constructed thereon or including, but not limited to recreational and community facilities, the "lei sure core 11

, parks and streets.

h. "Declaration" means the Declaration of Covenants and any amendments thereto.

1. "Development" means all that portion of the real property situated in Accomack County, Commonwealth of Virginia, described on the plats in Plat Book 19, at Pages 15, l 5A, 25,

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25A, 25B, 25C, 25D, and 25E; Plat Book 23, at Pages 53, 94, 95, 96, and 97; Plat Book 24, at Pages 33 and 34; Plat Book 25, at Pages 63 and 64; Plat Book 26, at Page 23; Plat Book 90, at Page 132; and Deed Book 434, at Page 114.

J. "Improvements" means all buildings, outbuildings, streets, roads, driveways, parking areas, fences, retaining and other walls, decks, piers, hedges, poles, antellllas and· any other structures of any kind, except the central water system.

k. "Owners" means any person or legal entity, including Trails End Campground Resorts Incorporated, and Real Estate Investment Trusts, who holds a fee simple title to any Campsite as duly recorded at Accomack County.

1. "Parcel" means any numbered tract within the Development shown on a Plat.

m. "Plat" means the maps of the Development as they are from time to time recorded.

n. "Recreational Vehicles" means a vehicular type unit initially designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or draWn by another vehicle. The basic types of recreational vehicles are:

(1) Travel Trailers. A vehicular unit, mounted on wheels, initially designed and constructed to provide temporary living quarters for recreational, camping or travel use, with a body length of no more than 40 feet and a body width of not more than 12 feet, when factory equipped for the road, With a recreational vehicle seal. Modification to existing trailers must be approved by the Environmental Committee.

{2) Truck Camper. A portable unit, designed to be loaded onto, or affixed to, the bed or chassis o.f a truck, constructed to provide t~porary living quarters for recreational camping or travel _use.

(3) Motor Homes. A vehicular unit built on a self-propelled motor vehicle chassis, initially designed to provide temporary living quarters for recreational, camping or travel use.

( 4) Camping Trailer. A vehicular unit uio1:10ted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite and initially designed to provide temporary living quarters for recreational, camping or travel use. .

o. 11~ent " means a movable shelter made of canvas or other s~ilar new material and supported by a pole or poles and designed and manufactured to provide temporary living quarters for l t. r eational and camping use.

II. LANDUSE

The campsites in the Development shall be designated in the Declaration as to their pennissible uses and shall thereupon become subject to the restrictive or other provisions of the Declaration relating to such uses. In the event a use is designated for which no such provisions are contained herein (e.g., commercial, governmental, school, mobile home, single family residential, etc.) the ~ ame may be set forth in an Amendment to the Declaration. In that event, the Amendment to the

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Declaration shall include a description of the real property in the development subject to the provisions of this Declaration and shall designate the permitted uses of such property.

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a. Unless otheiwise stated in this Declaration, or Amendment to the Declaration, all lots shall be designated and utilized as Campsites. Owners thereof may place thereon tents and recreational vehicles. Except as approved by the Committee, no pennanent or semi­permanent structure may be erected on any Campsite, nor may any mobile homo designed for permanent occupancy be located or placed thereon, it being the intention to exclude such mobile homes from use on the Campsites shown on the Plat No recreational vehicle other than those described or defmed above shall be placed on any Campsite. All recreational vehicles shall be maintained in a habitable condition at all times, as determined by the Enviromn.ental Committee.

(1) Removal of Abandoned or Unsafe Structures and/or Camping Units; Notice of Same. In the event that the Environmental Committee, after making thorough inspection, finds any structure or camping unit within the campground to be abandoned or in such a state of disrepair as to be a threat to the health, safety or welfare of tho general population of the campground, the owner of record of the lot upon which such structure is situated shall be notified of its condition by certified mail, return receipt requested Such notice further shall infonn the owner that such structure and/or camping unit shall be repaired, removed or tom down if the owner does not take remedial action to the satisfaction of the Environmental Committee within sixty (60) days of the posting of the notice, with the owner to be solely responsible for all costs associated with such removal or demolition. If the owner so notified does not complete remedial action within the sixty-(60) day period, the Association itself or through a designated contractor, may repair, remove or demolish such structure. All costs associated with such repair, removal or demolition shall be assessed against the lot owner and shall constitute a.lien against such lot The nonpayment of such costs by the lot owner within thirty (30) after being billed for same shall be grounds for suspension of such owner's membership privileges in the Association. and the Association may exercise any and all remedies, both legal and cqu~!able, t~ ~~cover such costs from the owner. Neither the Association, nor any of its" employees, agents or fodcpendent contractors shall be heid liabie for any damages which the lot owner claims has resulted from any action which is taken pursuant to this Section.

b. Residency.

(1) In no event shall any Campsite be occupied for more than six (6) months in any consecutive twelve (12) month period, and in no event shall any Campsite be the primary and principal residence of the owner or occupant thereof, it being the express intention that all Campsites within Chincoteague Bay Trails End are.intended for the use and occupancy for recreational purposes only and are not to be used for primary residential purposes, with the exception of Association members age fifty-five (55) or older may use . heir Campsite as a retirement residence.

(2) Because it is a benefit to the Association to have employees on site during emergencies, employees may use their campsite as a residence during their employment with the ~. ssoci ation.

c. Common Property. All parcels in the Development designated as Common Property on documents filed by Seaside are and shall remain private property and the recordation of a · Plat shall not be construed as a dedication to the public of any such Common Property located therein.

(1) Ownership. Subject to the provisions of an agreement dated August 9, 1977, Seaside will convey all Common Properties to the Association which Common Property will be free and clear of all liens and encumbrances (other than liens for taxes for the year of the transfer), but subject to such easements, rights-of-way, and restrictions as then appear of record. If not sooner conveyed of record to the Associatio~ record title to all conunon property will be conveyed to the Association free of charge and without encumbrances within six months of this Amendment to the Declaration of Covenants.

(2) Use. The use and enjoyment of Common Property and improvements thereon, whether before or after conveyance to the Association, shall be subject to the powers of the Association, as set forth in its Articles and By-Laws and to rules and regulations governing the use of such property and improvements as may from time to time be adopted by the Association. ·

(3) Subsequent Dedication. At any time after conveyance to the Association of any Common Property the Association may. upon the affirmative vote of two-thirds of its members entitled to vote, offer any such property f'or dedication to the public use. Such offer shall be subject to acceptance by the appropriate governmental authority pursuant to its then applicable standards.

d . Set-Back Requirements.

(I) 15 feet from the front lot line.

(2) l S feet from the back lot line.

(3) 5 feet from side lot lines.

(4) If adjaceiit lot (sici~ or rear) is owned by the same ~sociatiori Member, his/her RV, tent enclosure, or trailer port may be across the two lots unless deed restricted, as long as the square footage for the enclosure or trailer port remain the same a5 if it were on one lot. Each lot may have a shed. However, the two lots will remain two lots in respect to annual maintenance fees and special assessments.

(5) 24 feet from the mean high water line of any body of water.

Ill. CAMPSITE, CAMPGROUND OR COMMONGROUND RESTRICTIONS

The following shall be applicable to all lots designated as Campsites within the Development. Each owner or occupant of a Campsite shall be bound to observe and perform the same:

a. No building shaffbe erected or placed upon a Campsite except in such fomt, size and location as may be approved by the Committee.

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b. All Campsites whether occupied or unoccupied and any improvements placed thereon shall at all times be maintained in such a manner as to prevent them from becoming unsightly, unsanitary, or a hazard to health. If not so maintained, the Association, after proper notice, shall have the right, through its employees or, in the alternative, independent contractors, to do so, the cost of which may be added to the annual assessment to which such Campsite is subject, if the Association so decides. Neither the Association nor any of its employees or independent contractors shall be liable for any damage which may result from any maintenance work as performed while correcting the problem. In the event of storm damage causing a health or safety hazard or obstruction of road ways, no notice to the property owner will be required before removal.

c. Sanitary Waste Disposal. No owner or occupant of any Campsite shall permit or allow the dumping or placement of any sanitary or other waste anywhere upon any Campsite or elsewhere within the Development except in places designated therefor by the Association. No outside toilets shall be erected 'Or maintained on any Campsite, and no permanent sewage system shall be installed or placed upon the lot without prior approval by the Environmental Committee, then by obtaining pennit(s) from the appropriate governmental agency.

d. Fences. All property lines shall be kept free and open, and no fences, ledges, or walls shall be permitted thereon.

e. Nuisances and Curfews.

(1) No noxious or offensive activities or nuisances shall be permitted on any Campsite or anywhere else within the Campground.

(2) Within the Campground all children under the age of 12 must be accompanied by a parent if not on their own lot between the hours of 9:00 PM and 8:00 AM. All young adults under the age of 17 must be accompanied by a parent between 11 :00 PM and 7:00 AM unless on their own lot. Any violators will be returned to their campsite by Security and a warning of the violation written up. lfno parent or suitable adult is present on the owners lot when the child is returned to his/her lot, then the child will be turned over to the proper; County authority for their disposition. Under rfo circumstances is e: ·~hlld to be left unattended on property without proper adult supervision. The Association will bill said lot owner for the time and expense of Security personnel needed to enforce the curfew of the violator.

(3) Any child under the age of 10 found to be unattended by a parent or appropriate adult on Association property for more than one (1) hour between the hours of 8:00 AM and 9:00 PM, will be returned to their Campsite by Security. Ifno adult is found at the Campsite to leave the child with, then Security will return the child to 'the Club House, and a baby sitting fee will be charged at an hourly rate of fifteen ($15 .00) dollars and billed against the Owner of the lot where the child is staying.

f. Signs. No person shall erect or maintain any sign or advertisement on a Campsite except as approved by the Committee. The Committee may fail to approve a sign only for aesthetic considerations such as size, style, and location. Content of a sign may not be considered by the Committee.

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g. Animals. No animals shall be kept or maintained on any Campsite except the usual household pets. Pets shall be kept confined or kept on leashes so as not to become a nuisance. All pets must be inoculated against rabies. A copy of the current rabies certificate must be submitted to Security, and shall be kept on file, before an animal is admitted to the campground. Persons bringing permitted pets into the campground shall be solely responsible for the proper cleanup and disposal of all droppings and waste of such pets.

h. Limit of Camping Units. Except with the consent of the Committee, no more than one camping unit may be erected or placed upon a Campsite.

1. Garbage and Refuse Disposal. No person shall bum trash, garbage, or other like refuse on any Campsite. All such refuse shall be placed and kept in approved receptacles for the same. No owner shall permit the accumulation of litter or refuse or junk vehicles on a Campsite.

J. Camping Accessories. All personal property on a Campsite shall be maintained in good condition so as not to become unsightly. Owners wishing to erect tents upon a Campsite may do so, except that, unless in actual use~ they shall not be left standing during the period between December 1st and the following April 1st.

k. Docks .and Piers. No dock, pier or other similar structure may be erected, constructed or placed within any body of water except by the Association.

I. Ditches and Swales. Owners shall keep drainage ditches and swales located on their Campsite free and unobstructed and in good repair and shall provide for the installation of such culverts upon their Campsite as may be reasonably required for proper drainage. They s~· .all also prevent erosio:q. on their Campsite.

m. D1 illing and Mining. No drilling, refining, quarrying or mining operation of any kind shall be permitted, nor shall drilling for water or digging of water wells be permitted on any Campsite except to the extent permitted by pertinent state and local agencies and with the permission of the Environmental Committee.

n. V chicle Parking. No vehicl~_sball l:>~ _parked on an~ street or roadway within the Development.

o. Structural Repairs. Any structure or material on any Campsite which has been destroyed in -.. .. bole or in part by fire, windstorm, or other cause must be removed from the Campsite and the; Campsite restored to a sightly condition as specified in Section II. Land Use, a. (1).

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p. Burning. No open fires shall be permitted. Fires shall be contained within approved camp stoves or fire boxes. ·

q. Television and Radio Antennae. Except with the approval of the Committee, no radio or television antennae shall be erected or placed on any Campsite.

r. Vehicle Operation. No minibikes, trail bikes or all-terrain vehicles shall be operated within the area of the Campground. No person under the age of 16 without a valid drivers license may operate any motorized vehicle in the campground, including golf carts. Any person 16 years of age or older, without a valid drivers license must get approval from the Board of Directors, in writing, to operate n vehicle within the Campground. No vehicle, including golf

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carts and bicycles may be operated after dark without headlights and tail lights or reflectors. All bicycle riders must wear safety hehnets.

s. Vehicle Registration and Licensing. All boat trailers and utility trailers must be registered with security and a Chincoteague Bay Trails End decal affixed. All golf carts must be registered with security and a Chincoteague Bay Trails End decal and three (3) inch numerals affixed. No motorized vehicle, that is unregistered and/or unlicensed with a Department of Motor Vehicles may be driven within the Campground or kept on any Campsite within the Campground unless it is specifically equipped for .RV use or approved by the Environmental Committee which will issue a Chincoteague Bay Trails End decal after verification of Insurance. Any tow vehicle or pick-up that canies a camper will not be considered asp~ of the camping unit. The Committee will notify any property owner with a violation by certified mail, return receipt requested. After sixty (60) days of posting of notice, if the violation is still present the Association will remove and dispose of same at the owners expense. Neither the Association, its employees or private contractor used to remove said violation will be held responsible for any damages arising out of said removal or disposal.

IV. WATERFRONT CAMPSITES

a. ; imitations of Water Rights. No owners of a Campsite contiguous to a body of water shall have any rights with respect to such body of water, the land thereWider. the water therein, or its or their elevation, use or conditions, nor shall such owner have any riparian rights incident or appurtenant thereto. No person shall acquire title to any land in the Development by a<:cretion. reliction, submergence or changing water levels.

b. Rights to Remove Accretions. The Association shall have the right at any time to dredge or otherwise remove any accretion or deposit from any waterfront Campsite in order that the shoreline to which the Campsite is contiguous may be moved inland toward or to the boundary of said Campsite.

c. Responsibility for Damages. The Association shall not be liable for damages caused by erosion, washing or.other action of water.·or··drainagc: . ,

V. THE ENVIRON1\1£N'lAL CO:(l·ilHITTEE

a. General Powers. All improvements constructed or placed on any Campsite or any other parcel or unit of land in the Development, regardless of ownership, must first have the written approval of the Committee. Such approval shall be granted only after written application has been made to the Committee in the mann.er and form prescribed by it. The application, to be accompanied by two sets of plans and specifications, shall show the location of all improvements, if any, existing upon said parcel, the location of the improv ement proposed to be constructed, the color and composition of all exterior materials to be used, proposed landscaping, and any other information which the Committee may · require, including soil , engineering and geologic reports and recommendations .

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b. Committee Membership. The Committee shall be composed of no fewer than five (5) members in good standing, appointed by the Board. Conunittee members shall serve at the pleasure of the Board and are subject to removal by the Board with or without cause, and any vacancies occurring from time to time shall be filled by appointment of the Board.

c. Grounds for Disapproval. The committee m ay disapprove any application:

(1) If such application does not comply with this Declaration;

(2) Because of the reasonable dissatisfaction of the Committee with grading plans, location of the proposed improvement on a lot, imished ground elevation, color scheme, finish~ design proportions, architecture, shape, height or style of the proposed improvement, the materials used therein, the kind, pitch or type of roof proposed to be placed thereon; or

(3) If, in the judgment of a majority of the Committee, reasonably exercised, the proposed improvement will be inharmonious with the Development, or with the improvements erected on other parcels.

d. Rules and Regulations. The Committee shall, from time to time, adopt written rules and regulations of general application governing its procedures which shall include, among other things, provisions for the fonn and content of application; required number of copies of plans • , -J specifications; and provisions for notice of approval or disapproval. All rules and regulations of the Committee must be approved by the Board.

e. Variances. The-Committee may grant reasonable variances or adjustments from the Declaration where literal application thereof results in uniiecessary hardship and if the granting thereof will not be materially detrimental or injurious to owners of other parcels. Defore applying for a variance, the property owner must obtain written approval from each property owner bordering his/her property by sending an Association-supplied approval form by certified mail, return receipt requested to the adjoining property owners. The approval form will include instructions to return the form to the Environmental Committee. The applicant shall ~low thirty (30} days for neighboring property owners to respond prior to

· ·applying-fol' said ·variance. The Environmental Committee 'fill consider· the approval or disapproval of the bordering property owners in granting or denying said variance. Any variance denied can be resubmitted to the BOARD for reconsideration.

f. Certification of Compliance. At any time prior to completion of construction of an improvement, the Committee may require a certification, upon such form as it shall furnish, from the contractor, owner or a licensed surveyor that such improvement does not violate any set-back rule, ordinance or statute, nor encroach upon any easement or right-of-way of record.

g. Administrative Fees. As a means of defraying its expense, the Committee may institute and require a reasonable filing fee to accompany the submission of plans and specifications, to be not more than one.fourth of 1 % of the estimated cost of the proposed improvement, subject to a minimum fee of$10.00. No additional fee shall be required for resubmission if resubmitted within six (6) n:ionths.

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h. Liability. Notwithstanding the approval by the Committee of plans and specifications or its inspection of the work in progress, neither it, the Association, nor any person acting on behalf of any of them shall be responsible in any way for any defects in any plans or specification or other material submitted to the Committee, nor for any defects in any work done pursuant thereto. Each person submitting such plans or specifications shall be solely responsible for the sufficiency thereof and the adequacy of improvements constructed pursuant thereto.

i. Appeals. Any applicant shall have the right to appeal to the Board any decision of the Committee within thirty (30) days after entry of such decision.

VI. THE CHINCOTEAGUE BAY TRAILS END ASSOCIATION

a. General. The Association is a Virginia nonstock corporation organized to further and promote the common interests of owners in the Development. The Association shall have such powers in the furtherance of its purposes as are set forth in its Articles and By-Laws.

b. Membership.

(1) Classes of Members. There shall be Members, Associate Members and Auxiliary Associate Members.

(2) Members. Each owner shall, by reason of ownership, become a member of the Association. Each owner shall have only one vote regardless of the number of Campsites he, she or it may have an ownership interest in. There shall be a maximum of one voting member for each Campsite regardless of the number of persons who may have an ownership interest in such Campsite, or the manner in which title is held by them. The voting member shall be designated in writing at the request of the Association

(3) Associate Members. If not otherwise a niember, each of the following shall be an associate member in the Association.

-(a) The:spouse, significant other, children, parents and siblings·or a Member, \.vho have

the same principal residence as the Member shall be associate members of the Association.

(b) No person or entity shall have associate membership in the Association by virtue of a contractual agreement.

(4) A uxiliary Associate Members. If not otherwise a member or associate member, the following shall be auxiliary associate members of the Association.

(a) Any person who does not have the same principal residence as the Member of a lot and is not an Owner but is assigned an Auxiliary Associate Membership Card by the Owner of the lot. To assign an Auxiliary Associate Member card, a lot must be recorded with no more than a single person or couple as owners and have no more than two (2) Associate Members as defined in Section VI, Paragraph b. Membership, (3) above. The Owner may designate up to three (3) Auxiliary Associate Members

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per lot. In no instance may a single member or couple have more than three (3) combined Associate and/or Auxiliary Associate Members per lot.

(b) No person or entity shall have Auxiliary Associate membership in the Association by virtue of a contractual agreement.

(5) Rights, Duties, Privileges and Obligations. The rights, duties, privileges and obligations of membership in the Association, including voting rights, aJ"e as set forth in its Articles and By-Laws.

Vil. ASSESSMENTS

a. General. Pursuant to the powers granted to it in its Articles of Incorporation and/or its By­Laws, the Association is therein and hereby expressly authorized and empowered to levy assessments against all campsites, their owners, and/or the users thereof, regardless of ownership. Trails End Campground Resort lnc., its predecessor, Seaside Properties, Inc.,, and it<: predecessor, Greenbriar Development Company, Inc., their successors and assigns, shall be subject to .the levy of the Association on all campsites owned by them on the same basis and tenns as other owners and will not henceforth be exempted from paying assessments to ~ .. ., Association.

The Association has the additional authority to levy a user fee, however denominated, for the use and enjoyment of any or all of the amenities it owns within Trails End, and further, shall have the authority to levy an entry fee, however denominated., from persons other than · mpsite Owners, Associate Members and Auxiliary Associate Members seeking entry into 1 rails End, for whatever pwpose.

b. Collection and Lien. The .amount of the assessment levied by the Association shall be paid to it on or before the date fixed by the resolution of the Board. If not so paid, the amount of such assessment, plus any other charges thereon, including a late fee and interest not in excess of the maximum rate provided by law per annum from the date of delinquency and costs of collection, inclu<iµig attorneys .fee, 'if any, shdl constitute and become a: lien on the Campsite so assessed when the Board causes to be recorded fu the office of the Accomack County Recorder of Deeds, a notice of assessment which shall state the amount of each assessment and such other charges and a description of the Campsite which has been assessed. Such notice shall be signed by the Secretary of the Association on behalf of the Association. Upon payment of said assessment and charges or other satisfaction thereof, the Board shall, within a reasonable time, cause to be recorded ~ further notice stating the satisfaction and the release of said lien. ·

c. Priority of Lien. Conveyance of any Campsite shall not affect any lien for assessments provided herein. Such lien shall be prior to all other liens recorded subsequent to said notice of assessment.

d. Enforcement. The liens provided for herein may be foreclosed by the Association in like manner as a mortgage and, in such event, the Association may be a bidder at the foreclosure sale. The Association may also pursue any other remedy against any owner owing money to it which is available to it by law or equity for the collection of debts.

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e. Proof of Payment. Upon request, the Association shall furnish a statement certifying that all assessments then due have been paid or indicating the amount then due.

f. Suspension. The Association shall not be required to transfer memberships on its books or to allow the exercise of any rights or privileges of membership on account thereof to any owner or to any persons claiming under them paid unless or until all assessments and charges to which they are subject have been paid.

VIII. EASEMENTS

a. Reservations. The following easements over each Campsite and the right of ingress and egress thereto; to the extent reasonably necessary to exercise such easements, are reserved to the Association, its individual successors, assigns and/or licensees.

(1) Utilities. A 5-foot wide strip running along the inside of all Campsite lines except those Campsite lines coincident with street right-of-way lines, in which case such strip shall be 15-feet wide, for the installation, maintenance and operation of utilities, including telephone, radio and TV transmission cables; and the accessory right to locate any wire, braces or anchors or to cut, trim or-remove trees and plantings wherever necessary upon such Campsite in connection with such installation, maintenance and operation.

(2) Shoreline Maintenance. A 1 S-foot wide strip running along the inside of all Campsite lines coincident wj.th the shoreline of any water-course in the Development for the purpose of shoreline maintenance.

(3) Slope and Drainage. A 30-foot wide easement running along the inside of all Campsite lines coincident with street right-of-way lines for the pwpose of cutting, filling, drainage and maintenance of slopes and drainage courses.

( 4) Flooding Easements. A flowage and flooding casement running along the inside of all Campsite lines coincident with the mean high waterline of any body of water equal to the

. . waterfront bajl4in~ set~ba~k ~e ~or sµ~h. ga.IJ?.p~i~~ ~_.l~ercµt set. forth. ..

(5) Greenbelt Easements. A 15-foot wide strip parallel to the rear lot line of all Campsites which shall be used as a preserved, natural or planted green area.

b. Private Streets. All of the streets and roadways shown on the·recorded Plats of the Development shall be private streets and shall be Common I.Properties. The Association, on behalf of itself, its successors, assigns and licensees, reserves an easement over, upon and under said streets and roadways for installation, maintenance and operation of public utility services; for purposes of drainage control; for access to Campsites and other Common Properties by owners of Campsites and the Association; and, for use by a governmental vehicle or employee.

' c. Other Easements. Any other easements shown on the recorded plats, and an easement in

favor of the Association, its agents, employees, assigns, licensees and successors, upon all lands within the Development for the enforcement of this Declaration.

d. Use and Maintenance by Owners. The areas of any lots affected by the easements reserved herein shall be maintained continuously by tlte owner of such lot, but no structures, planting or other material shall be placed or permitted to remain or other activities undertaken thereon which may damage cir interfere with the use of said easements for the purpose herein set forth. Improvements within such areas shall be maintained by the owner except those for .which a public authority or utility company is responsible.

e. Liability for the Use of Easements. No owner shall have any claim or cause of action against the Association arising out of the exercise or nonexercise of any easement reserved hereunder or shown on the Plat except in cases of willful or wanton misconduct.

IX. COMMERCIAL USE

The only commercial usage within the Campground may be by the Association, on Association property as approved by the Board; for the bene.1it of the Association. No Campsite may be used for commercial purposes.

X. REMEDIES

a. Enforcement. Each person and other entity to whose: benefit this Declaration inures, mcluding the Association and any governmental body or agency within Accomack County, Commonwealth of Virginia., may proceed at law or in equity to prevent the occurrence, continuation or violation of any provision of this Declaration, and the Court in such action may award the successful party reasonable expenses in prosecuting such action, including attorney's fees.

b. Suspension of Privileges. The Board may suspend all voting rights and all rights of any owner to use the Association's Common Property for any period during which any Association assessment to such owner is unpaid, or during the period of any continuing violation of the provisions of the Declaration by such owner after the existence thereof has b~~ 4~clar~~ by the ·Board. . . .

c. Cumulative Rights. Remedies specified herein arc cumulative and ~y specifications of them shall not be taken to preclude an aggri~ved party's res9rt to any other remedy at law or in equity. No delay or failure on the part of an aggrieved party to invoke an available remedy in respect of a violation of any provisions of this Declaration shall be held to be a waiver by that party of any right available to him upon the reoccurrence or continuance of said violation

the occurrence of a different violation.

XI. GRANTEE'S ACCEPTANCE

Each grantee or purchaser of any Campsite shall by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Seaside or a subsequent owner of such Campsite, accept such deed or contract upon and subject to each and all of the provisions of this Declaration and to the jurisdiction, rights, powers, privileges and immunities. of

, Dcclarant and of the Association. By such acceptance such grantee or purchaser shall for himself, his heirs, devisees, personal representatives, grantees, successors and assigns, lessees

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and/or lessors, covenant, consent and agree to and with the Association and the grantee or purchaser of each other campsites to keep, observe, comply with and perform the covenants, conditions and restrictions contained in the Declaration.

XII. SUSPENSION OF RESTRICTIONS

The provisions on improvements, use and occupancy set forth herein shall be suspended as to any Campsite or other area while and so long as the same is owned by or leased to the Conunonwcalth of Virginia or any governmental agency, public or private utility, whenever and to the extent~ but only to the extent, that such provisions shall prevent the reasonable use of such Campsite or area for said purposes. bn cessation of such use., such provisions shall become applicable again in their entirety. While owning or leasing and using, such owner shall have no rights as a member of the Association, nor-shall it be liable for any Association assessments.

XIII. SEVERABILITY

Every provision of this Declaration is hereby declared to be independent of and severable from every other provision hereof. If any provision hereof shall be held by a court of competent Jurisdiction to be invalid, or unenforceable. all remaining provisions shall continue unimpaired and in full force and effect.

XIV. LIAB~ITY FOR DAMAGES

The Association shall not be liable for damages caused by erosion, washing or other action of water or drainage, acts of God, natural weather phenomena or for any other reason whatsoever.

XV. CAPTIONS

Paragraph captions in the Declaration are for convenience only and do not in any way limit or amplify the terms or provisions b~e~f. _

' . XVI. TERM AND AMEND1\1ENT

This Declaration may be amended with the approval of two~thirds of the Voting Members of Campsites in the Development who respond to the letters of notification of the proposed changes to these Covenants. For the purposes of this Article, each owner shall have only one vote regardless of the number of Campsites he, she or it may have an ownership interest in. There shall be a maximum of one voting member for each Campsite regardless of the number of persons who may have an ownership interest in such Campsite, or the manner in which title is held by them. The voting member shall be designated in writing at the request of the Association. Unless determined to be necessary by a Court of competent jurisdiction, Jot owners' Yotes in connection with the amendment process may be by proxy and need not be notarized or recorded in the aforesaid Clerk's Office. A document reflecting such amendment to this Declaration shall be recorded in the Clerks Office of the Circuit Court of Accomack County, and such amendment shall have attached to it a copy of a resolution by the Board, certified by the

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Secretary of the Association, attesting that such amendment is adopted pursuant to the affirmative action of the requisite number of lot owners.

IN WITNESS WHEREOF, Chincoteague Bay Trails End Association, Inc., by its duly authorized officer, has caused this Amended Declaration of Covenants of Chincoteague Bay Trails End Association, Inc. to be executed for.the purpose of the restating, as amended, of the Covenants for Chincoteague Bay Trails End As~ociation, Inc., and the recordation thereof.

CHINCOTEAGUE BAY TRAILS END ASSOCIATION, INC.

By:fLe:~ Carole A. Hutchinson, Its President

rcnvfl\.fONWEALTH OF VIRGINIA, AT LARGE, L.UUNTY OF ACCOMACK, to-wit:

(SEAL)

) The foregoing Amended Declaration of Covenants of Chincoteague Bay Trails End / .,~,,;ciation, Inc., was acknowledged before me this 29th day of November, 2002, by Carole A. Hutchinson, President of Chincoteague Bay Trails End Association, Inc., for and on behalf of ~ ; aid coq1oration in my jurisdiction aforesaid.

My Commission Expires: March 31, 2005

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