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Article I

GENERAL

Section 1.    Applicability.  These By Laws provide for the self government of The Mercer, A Condominium, (the "Condominium") pursuant to the requirements of Article 3, Chapter 4.2 of Title 55 of the Code of Virginia (the "Condominium Act") by the Unit Owners Association of the Condominium (the "Association" or "Unit Owners Association").  The Condominium is located within Fairfax County, Commonwealth of Virginia.

Section 2.    Compliance.  Pursuant to the provisions of Section 55 79.53 of the Condominium Act, every Unit Owner and all those entitled to occupy a Unit shall comply with these By Laws.

Section 3.    Office.  The office of the Unit Owners Association of the Condominium and the Board of Directors shall be located at the Condominium or at such other place as may be designated from time to time by the Board of Directors.

Section 4.    Definitions.  Capitalized terms used in these By Laws which are not defined shall have the meanings specified for such terms in the Declaration of the Condominium, which Declaration is recorded immediately prior hereto, or if not defined therein, the meanings specified for such terms in Section 55 79.41 of the Virginia Condominium Act.  In addition the following terms are used in the Declaration and these By-Laws:

(a)    "First Mortgagee", "Mortgagee", and "Mortgage":  "First Mortgagee" includes the holder of a note secured by a first Deed of Trust or Mortgage encumbering a Unit and recorded among the land records of Fairfax County.  The term "Mortgagee" refers to the holder of a note secured by any Deed of Trust encumbering a Unit recorded among the land records of Fairfax County.  The term "Mortgage" includes any Deed of Trust recorded among the said land records.
(b)    "Declarant Control Period" means the period prior to the earliest of (i) the date on which  Units to which seventy-five percent (75%) or more of the aggregate  Common Element Interests appertain  have been conveyed to  Unit Owners other than the Declarant or an affiliate of Declarant (including all those Units which may have been added from the Additional Land registered with the Virginia Real Estate Board); or (ii) five (5) years after the date of the first conveyance of a  Unit to a  Unit Owner other than the Declarant or an affiliate of Declarant or the maximum time period permitted by Section 55-79.74 of the Condominium Act, whichever is later.
(c)    "Majority Vote of the Unit Owners" means a simple majority (more than fifty percent (50%)) of the votes of the Units (based on one (1) vote per Unit) actually cast in person or by proxy at a duly held meeting at which a quorum is present.  Any specified percentage vote means that percentage vote with respect to the votes actually cast in person or by proxy at a duly held meeting at which a quorum is present.