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Article VI

OPERATION OF THE CONDOMINIUM PROPERTY

Section 1.    Determination of Common Expenses and Assessments Against Unit Owners.
(a)    Fiscal Year.  The fiscal year of the Condominium shall consist of the twelve (12) month calendar year beginning January 1 and ending December 31, unless changed thereafter by decision of the Board of Directors.
(b)    Preparation and Approval of Budget.   Each year on or before thirty (30) days before the commencement of the next fiscal year, the Board of Directors shall adopt a budget for the Condominium containing an estimate of the total amount which it considers necessary to pay the cost of utility services, maintenance, management, operation, repair and replacement of the Common Elements and easement rights appurtenant thereto and those parts of the Units as to which the Board of Directors has all powers and responsibility with regard to maintenance, repair, renovation, restoration and replacement (as designated in the Maintenance Responsibilities Chart attached hereto), and the cost of wages, materials, insurance premiums, service, supplies and other expenses that may be declared to be Common Expenses by the Condominium Act, these By Laws or a Resolution of the Board of Directors, and which will be required during the ensuing fiscal year for the administration, operation, maintenance and repair of the Condominium and the rendering to the Unit Owners of all related services.  The budget may also include:
(i)    the cost of maintenance or repair of any Condominium Unit in the event such maintenance or repair is reasonably necessary in the discretion of the Board of Directors to protect the Common Elements or to preserve the appearance of value of the Condominium project or is otherwise in the interest of the general welfare of all owners of the Condominium Units.  No such maintenance or repair shall be undertaken without a resolution by the Board of Directors and without reasonable written notice to the Owner of the Condominium Unit proposed to be maintained.  The cost of such maintenance shall be assessed against the Condominium Unit on which such maintenance or repair is performed and, when so assessed, a statement for the amount thereof shall be rendered promptly to the then Owner of said Condominium Unit, at which time the assessment shall become due and payable and a continuing lien and obligation of said Owner in all respects as provided in Article X of these By Laws.  The cost of the maintenance or repair of those parts of the units to which the Board of Directors has all powers and responsibility with regard to maintenance, repair, renovation, restoration and replacement shall not be a cost controlled by the terms of this subparagraph (i). 
(ii)    any amount necessary to discharge any lien or encumbrance levied against the Condominium project, or any portion thereof, which may, in the opinion of the Board of Directors, constitute a lien against the Common Elements. 
(iii)    such reasonable amounts as the Board of Directors considers necessary to provide working funds for the Condominium, a general operating reserve, or reserves for contingencies and replacements. 
(iv)    any Common Expenses benefiting less than all of the Condominium Units or caused by the conduct of less than all those entitled to occupy the same or by their licensees or invitees pursuant to Section 55 79.83(B) of the Condominium Act and any amounts as may be required to discharge any lien levied upon any Unit, including any utility charges incurred by the Association as may be submetered to any Condominium Unit Owner. 
(c)    Transmittal of Budget.  The Board of Directors shall send to each Unit Owner a copy of the budget, in a reasonably itemized form, which sets forth the amount of the Common Expenses payable by each Unit Owner, at least seven (7) days prior to the beginning of the fiscal year to which the budget applies.  The said budget shall constitute the basis for determining each Unit Owner's Common Expense Assessment.
(d)    Payment of Common Expenses by Declarant.  Notwithstanding anything to the contrary contained in this Article VI, during the Declarant Control Period, the Declarant shall have the right in lieu of assessing all Units for Common Expenses  assume all responsibilities for the maintenance of the Common Elements for such period of time as is determined by Declarant.

Section 2.    Assessment and Payment of Common Expenses. 
(a)    Except for those Common Expenses which may be specially assessed against the Condominium Unit or Units involved pursuant to the provisions of subparagraph (b) of Section 1 of this Article VI and except for those Common Expenses specially assessed pursuant to Section 55 79.83(A), (B) and (C) of the Condominium Act, the total amount of the estimated funds required for the operation of the Condominium Property set forth in the budget for the fiscal year adopted by the Board of Directors shall be assessed against each Condominium Unit in proportion to its respective proportionate undivided interest in the Common Elements (i.e., its Common Element Interest) as set forth in the Declaration of the Condominium as the same may be amended from time to time.  Said assessment shall be a lien against each Unit Owner's Unit as provided in the Condominium Act as set forth in Section 55 79.84.  On or before the first day of each fiscal year, and the first day of each succeeding eleven (11) months in such fiscal year, such Unit Owner shall be obligated to pay to the Board of Directors or the Managing Agent (as determined by the Board of Directors), one twelfth (1/12) of the assessment for such fiscal year made pursuant to the foregoing provisions.  Any amount accumulated in excess of the amount required for actual expenses and reserves may, if the Board of Directors deems it advisable, be credited according to each Unit Owner's Common Element Interest to the installments due in the succeeding months of that fiscal year. 
In the event any legal action is required to collect assessments hereunder, then and at the direction of the Board of Directors, the entire balance of assessments due on account of said Unit for the remainder of the fiscal year shall be due in full. 
(b)    Right of Acceleration.  The payment and collection of the assessments made pursuant to this Article VI shall be in accordance with the terms providing for the payment and collection of assessments in these By Laws and the Condominium Act, including without limitation the right reserved to the Board of Directors to accelerate payment of assessments and the right to recover attorney's fees and costs. 
(c)    Repair and Replacement Reserve.  The Board of Directors shall obtain from Unit Owners contributions to capital on a regular basis, which contributions will be used to establish a replacement and repair reserve.  Such contributions shall be paid monthly as part of the Common Expense Assessment and be in an amount to be designated from time to time by the Board of Directors.  The reserve funds shall be deposited in an account with a lending institution, the accounts of which are insured by an agency of the United States of America, or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America.  Such funds also may, in the discretion of the Board of Directors, be invested in Money Market Funds which, although they themselves are not guaranteed by the United States Government, invest solely in United States Government securities (or in State bonds which are backed in principal by the State).  The replacement reserve may be expended only for the purpose of the replacement and repair of the Common Elements; the replacement and repair of those parts of Units as to which the Board of Directors has all powers and responsibility with regard to maintenance, repair, renovation, restoration and replacement (as designated in the Maintenance Responsibilities Chart attached hereto); and the replacement and repair of equipment of the Condominium as designated by the Board of Directors.  The amounts required to be allocated to the replacement reserve may be reduced by appropriate resolution of the Board of Directors, upon the accumulation in such replacement reserve of a sum which exceeds the full replacement value of the items for which the reserve is established.  The proportionate interest of any Unit Owner in any replacement reserve shall be considered an appurtenance of his Condominium Unit and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Condominium Unit to which it appertains and shall be deemed to be transferred with such Condominium Unit.  The payment and collection of the assessment made pursuant to the foregoing provisions shall be in accordance with the terms providing for payment and collection of assessments in these By Laws and the Condominium Act, including without limitation, the right reserved to the Board to accelerate payment of the assessments and the right to recovery of attorney's fees and costs.
(d)    Special Assessments.  In the event extraordinary expenditures not originally included in the annual budget become necessary during the year, the Board of Directors may at any time levy a special assessment, which shall be assessed against the Condominium Units in proportion to the respective Common Element Interests.   Said special assessments may be payable in a lump sum or in installments as the Board of Directors may determine.  The Board of Directors shall serve notice of any such special assessment on all Unit Owners by a statement in writing giving the amount and reason therefor, and such special assessment shall, unless otherwise specified in the notice, become effective with the next monthly payment which is due after the delivery or mailing of such notice of special assessment.  All Unit Owners shall be obligated to pay the adjusted monthly amount or, if the special assessment is not payable in installments, the amount of such assessment.  The payment and collection of the assessment made pursuant to the foregoing provisions shall be in accordance with the terms providing for payment and collection of assessments in these By Laws and the Condominium Act, including without limitation, the right reserved to the Board to accelerate payment of assessments and the right to recovery of attorney's fees and costs. 
Notwithstanding anything to the contrary herein contained, any special assessment in excess of ten percent (10%) of the total annual budget of the Condominium in any twelve (12) month period shall be effective only with the approval of a Majority Vote of the Unit Owners present at a duly convened annual or special meeting at which a quorum is present. 
(e)    Working Capital Contribution.  When the initial Board of Directors, elected or designated pursuant to these By Laws, takes office, it shall adopt the budget prepared by the Declarant for the remainder of the fiscal year and determine the budget as defined in this Section for the period commencing with the first day of the next fiscal year and ending on the last day of the fiscal year in which their election or designation occurs.  Assessments shall be levied against the Unit Owners during said period as provided in subparagraph (a) of this Section.  A working capital contribution in an amount equal to two (2) months of the Common Expense Assessment, shall be assessed against each initial Purchaser of a Unit.  This amount shall be utilized for commencing business of the Unit Owners Association and providing the necessary working fund for it, including but not limited to the acquisition of office equipment and supplies.  In addition to the foregoing, the Board of Directors will levy against the initial purchaser at the time he settles on his purchase contract part of one monthly Common Expense Assessment payment, prorated from the date of settlement to the end of the calendar month in which the settlement occurs. 
(f)    Effect of Failure to Prepare or Adopt Budget.  The failure or delay of the Board of Directors to prepare or adopt the annual budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expenses as herein provided, whenever the same shall be determined, and in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay the monthly charge at the then existing monthly rate established for the previous fiscal period until the new annual or adjusted budget shall have been mailed or delivered. 
(g)    Accounts.  All sums collected by the Board of Directors with respect to assessments against the Unit Owners may be commingled into a single fund, but shall be identified and accounted for each Unit Owner in accordance with the respective Common Element Interests of each Unit Owner as set forth in the Declaration of Condominium, as the same may be amended from time to time. 

Section 3.    Payment of Common Expenses.  All Unit Owners shall be obligated to pay the Common Expense Assessment levied by the Board of Directors pursuant to the provisions of this Article VI and such expenses not paid by the 5th day of each month shall be in default.  The purchaser of a Unit shall be jointly and severally liable with the selling Unit Owner for all unpaid assessments against the latter for his proportionate share of the Common Expenses up to the time of conveyance, without prejudice to the purchaser's right to receive from the selling Unit Owner the amounts paid by the purchaser therefor.  Any Unit Owner shall be entitled to a statement from the Board of Directors or Managing Agent setting forth the amount of the unpaid assessments against the Unit Owner pursuant to Section 55 79.84(H) of the Code of Virginia, as amended.  The statement must be furnished or made available within ten (10) days of the request.  Each Mortgagee who comes into possession of a Condominium Unit by virtue of foreclosure or by deed or assignment in lieu of foreclosure, or any purchaser at a foreclosure sale, shall take title to the Condominium Unit  pursuant to the  Condominium Act.

Section 4.    Collection of Assessments.  The Board of Directors shall take prompt action to collect any assessments for Common Expenses due from any Unit Owner as well as late charges which remain unpaid for more than thirty (30) days from the date due for payment thereof. 

Section 5.    Maintenance, Repair, Replacement and Other Common Expenses.
(a)    By the Board of Directors.  The Board of Directors shall be responsible for the maintenance, repair and replacement of all of the Common Elements (including the Limited Common Elements) as defined herein or in the Declaration, whether located inside or outside of the Units, the cost of which shall be charged to all Unit Owners as a Common Expense (unless, if in the opinion of not less than a majority of the Board of Directors, such expense was necessitated by the negligence, misuse or neglect of a Unit Owner), provided, however, that each Unit Owner shall perform normal maintenance on the Limited Common Elements appurtenant to his Unit and any portion of the remaining Common Elements which the Board of Directors has given him permission to utilize, including, without limitation, the items enumerated in subsection (b) hereof. 
(b)    By the Unit Owner. 
(i)    Except for the portions of a Unit required to be maintained, repaired and replaced by the Unit Owners' Association, each Unit Owner shall be responsible for the maintenance, repair, and replacement, at his expense, of his Unit and all parts thereof, including but not limited to, interior walls included as part of a Unit, interior ceilings and floors, and the finished interior surfaces of all perimeter walls, ceilings and floors in his Unit, kitchen and bathroom fixtures and appliances, lighting, heating, and air conditioning components located within the Unit, the exposed surfaces (but not structural components or painting) of Limited Common Elements.  Each Unit Owner shall keep the Unit's interior and its equipment and appurtenances in good order, condition and repair and in a good and sanitary condition and shall do all decorating and interior painting and varnishing which may at any time be necessary to maintain the good appearance and condition of the Unit.  In addition, each Unit Owner shall be liable for the reasonable expense of any maintenance, repair or replacement rendered necessary by: (a) damage to any Unit(s) (including the Owner's Unit) or the Common Elements the cause of which emanates from the Owner's Unit or any other element which the Owner is obligated to maintain.  The Owner shall be liable whether or not said liability results from the negligence of the Owner, the Owner's occupants, guests, employees, agents, or lessees.  This liability shall include any attorney's fees incurred by the Association in collecting amounts due from the Owner pursuant to this Section.  Nothing herein shall be construed as modifying any waiver by any insurance company of its rights of subrogation.
(ii)    The Unit Owner of any Unit to which a balcony or patio is appurtenant (if any) shall perform the normal maintenance for such balcony or patio including keeping it in a clean and sanitary condition as described in Exhibit A attached hereto, and shall also make all repairs thereto caused or permitted by his negligence, misuse or neglect.  All structural repair or replacement shall be made by the Board of Directors as a Common Expense, as provided by subparagraph (a) above.
(iii)    Any Unit Owner assigned a storage space as a Limited Common Element or permitted by the Board of Directors to use a specific portion of the Common Elements for storage is responsible for the maintenance and care of such portion and shall use such portion in a safe and sanitary manner. 
(c)    Chart of Maintenance Responsibilities.  Notwithstanding the general provisions for maintenance set forth in subparagraphs (a) and (b) above, specific responsibilities for maintenance and their costs shall be determined pursuant to the Maintenance Responsibilities Chart attached as Exhibit "A" hereto. 
(d)     Manner of Repair and Replacement.  All repairs and replacements shall be substantially similar to the original construction and installation and shall be of first class quality.  The method of approving payment vouchers for all repairs and replacements shall be determined by the Board of Directors. 

Section 6.    Additions, Alterations or Improvements by Board of Directors.  Except for the initial Board of Directors, established pursuant to Article III, Section 1, whenever in the judgment of the Board of Directors the Common Elements shall require additions, alterations or improvements (not otherwise scheduled for repair or replacement pursuant to an adopted schedule of reserves) costing a sum in excess of fifteen percent (15%) of the total annual budget of the Condominium for any consecutive twelve (12) month period, the making of such additions, alterations or improvements shall be approved by a Majority Vote of the Unit Owners present at a duly convened annual or special meeting at which a quorum is present. 
Subject to the provisions of Article VI, Section 2(d) of these By Laws, any additions, alterations, or improvements costing a sum less than ten percent (10%) of the total annual budget of the Condominium for any consecutive twelve (12) month period may be made by the Board of Directors without approval of the Unit Owners and the cost thereof shall constitute part of the Common Expenses. 
Notwithstanding the foregoing, any additions, alterations or improvements made exclusively or substantially exclusively for the benefit of a Unit, a Unit Owner or Unit Owners requesting the same, such requesting Unit Owner or Unit Owners shall be assessed therefor in such proportions as they jointly approve, or if they are unable to agree thereon, in such proportions as may be determined by the Board of Directors.

Section 7.    Additions, Alterations, or Improvements by the Unit Owners.  No Unit Owner shall make any structural addition, alteration or improvement in or to his Unit without the prior written consent of the Board of Directors and the appropriate representatives of Reston Association.  No Unit Owner shall paint or alter the exterior of his Unit, including the doors and windows, nor shall any Unit Owner paint or alter the exterior of the building.  The Board of Directors shall be obligated to answer any written request by a Unit Owner for approval of a proposed structural addition, alteration or improvement in such Unit Owner's Unit within sixty (60) days after such request, and failure to do so within the stipulated time shall constitute a consent by the Board of Directors to the proposed structural addition, alteration or improvement.  If any application to any governmental authority for a permit to make any such structural addition, alteration or improvement in or to any Unit requires execution by the Unit Owners Association, and provided consent has been given by the Board of Directors, then the application shall be executed on behalf of the Unit Owners Association by the Board of Directors only, without, however, incurring any liability on the part of the Board of Directors or any of them to any contractor, subcontractor or materialman on account of such addition, alteration or improvement, or to any person having claim for injury to person or damage to property arising therefrom.  Subject to the approval of any Mortgagee of such affected Units, the Board of Directors and any Unit Owner affected, any Unit may be sub divided or may be altered so as to relocate the boundaries between such Unit and any adjoining Units provided par values are not changed.  The Secretary, at the cost of the Unit Owner, shall record any necessary amendment to the Declaration to effect such action as provided in Sections 55 79.69 or 55 79.70 of the Condominium Act.  The provisions of this Section 7 shall not apply to Units owned by the Declarant until deeds of conveyance of such Units shall have been recorded.  Notwithstanding anything to the contrary herein contained, the Declarant shall have the right to subdivide or change the boundaries of any Units owned by the Declarant without the consent of the Unit Owners Association or any Mortgagee.

Section 8.    Easements in Favor of Unit Owners Association.
(a)    Easements are reserved to the Unit Owners Association through each of the Units for benefit of any adjoining Unit as may be required for structural repair and maintenance of electrical lines and conduits, gas lines, heating, air conditioning and ventilating ducts, water lines, drain pipes and other appurtenances to such utility systems in order to adequately serve each of such Units. 
(b)    There is reserved to the Unit Owners Association or its delegate, the right of entry to any Unit and an easement for access therein, as provided by Section 55 79.79(a) of The Condominium Act, when and as necessary, in connection with any repairs, maintenance, or construction for which the Unit Owners Association is responsible, or for which any Unit Owner is responsible hereunder.  Any damage caused by such entry shall be repaired at the expense of the Unit Owners Association.   Provided, however, that requests for entry are made in advance and that such entry is at a time reasonably convenient to the Unit Owner between 9 a.m. and 5 p.m. on weekdays.  In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not. 
(c)    The Board of Directors may charge each Unit Owner for the expense of all maintenance, repair or replacement to the Common Elements, or to those parts of Units as to which the Unit Owners Association has the responsibility to maintain and repair, rendered necessary by his act, neglect or carelessness, or the act, neglect or carelessness of any member of his family or employees, agents, licensees or guests of Unit Owners or tenants.  The payment and collection of any charge made pursuant to the foregoing provision shall be in accordance with the terms providing for payment and collection of assessments in these By Laws and the Condominium Act, including, without limitation, the right reserved to the Board to accelerate payment of assessments and the right to recovery of attorney's fees and costs. 

Section 9.    Tenant Eviction.  In the event that the tenant of any Unit Owner shall breach his lease by failing to comply with any of the terms of the Declaration, these By Laws and the rules and regulations, the Board of Directors may require the Unit Owner to secure the eviction of his tenant. 

Section 10.    Annual Audit.  An audit of the accounts of the Unit Owners Association shall be made annually in the manner as the Board of Directors may decide, provided, however, that after having received the Board's audit at the annual meeting, the Unit Owners, by a majority vote, may require that the accounts of the Unit Owners Association be audited as a Common Expense by a public accountant.  Any Mortgagee, upon written request, shall be entitled to receive a copy of the annual audited financial statement within one hundred twenty (120) days after the end of each fiscal year.