Introduction
FCHOA Declaration of Protective Covenants - Revision Date: 2022-05-20
SECOND AMENDED AND RESTATED
DECLARATION OF PROTECTIVE COVENANTS
OF
FORD’S COLONY AT WILLIAMSBURG
This Second Amended and Restated Declaration is made this 20th day of May, 2022 by Ford’s Colony at Williamsburg Homeowners Association, a Virginia nonstock corporation (the “Association”), and the Owners of Lots in Ford’s Colony at Williamsburg listed on Exhibit “A”, (collectively “Grantors,” to be indexed as Grantors and Grantees).
W i t n e s s e t h:
WHEREAS, Ford’s Colony at Williamsburg, Inc., as declarant, subjected certain real property as shown on a plat entitled “MIDDLE PLANTATION COUNTRY CLUB, INC., - SECTION I” prepared by Deward M. Martin & Associates, Inc., March 11, 1974 and recorded in the Office of the Clerk of the Circuit Court for the City of Williamsburg and the County of James City, Virginia in James City Plat Book 31, page 76 to that certain Declaration of Protective Covenants of (the “Original Declaration”) recorded in Deed Book 273, page 599 in the Office of the Clerk of the Circuit Court for the City of Williamsburg and the County of James City, Virginia; and
WHEREAS, Ford’s Colony at Williamsburg, Inc., as declarant, subjected certain real property as shown on a plat entitled “FORD’S COLONY AT WILLIAMSBURG – SECTION II” prepared by Roger D. Spearman, C.L.S., dated April 16, 1986 and revised July 25, 1986 and recorded in the Office of the Clerk of the Circuit Court for the City of Williamsburg and the County of James City, Virginia in James City Plat Book 40, page 63 to that certain Declaration of Protective Covenants of (the “Original Declaration”) recorded in Deed Book 268, page 243 in the Office of the Clerk of the Circuit Court for the City of Williamsburg and the County of James City, Virginia; and
WHEREAS, Realtec Incorporated subsequently became the successor declarant to Ford’s Colony at Williamsburg, Inc.; and
WHEREAS, various amendments and supplements to the Original Declaration were filed by Ford’s Colony at Williamsburg, Inc., or Realtec Incorporated, from time to time, to annex additional properties to the Original Declaration, and a list of the various amendments and supplemental declarations is attached hereto as Exhibit “B” (collectively referred to as “Supplemental Declarations”); and
WHEREAS, the Original Declaration was amended and restated by the Amended and Restated Declaration of Protective Covenants of Ford’s Colony at Williamsburg dated March 8, 2013 and recorded March 20, 2013 as Instrument No.130007736 in the Clerk’s Office of the Circuit Court for the City of Williamsburg and the County of James City, Virginia; and
WHEREAS, the Amended and Restated Declaration runs with the land and is binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and the Amended and Restated Declaration inures to the benefit of each Owner; and
WHEREAS, Article XIV, Section 14.2. of the Amended and Restated Declaration provides that the Amended and Restated Declaration may be amended by the approval of sixty-six and two-thirds percent (66-2/3%) of the Owners who are eligible to vote; and
WHEREAS, Article XIV, Section 14.2 of the Amended and Restated Declaration provides that the approval of the Owners shall be evidenced by written or electronic ballot at a duly called meeting of the Association, and the recording of the amendment together with a certification signed by the principal officer of the Association and attested by the Secretary of the Association that the requisite majority of Owners approved the amendment, and further that any amendment shall be effective upon recording; and
WHEREAS, at least sixty-six and two-thirds percent (66-2/3%) of the Owners, who are eligible to vote, voted in favor of amending and restating the Amended and Restated Declaration as set forth herein.
NOW, THEREFORE, the Grantors declare that the Property, as described herein, shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions contained in this Second Amended and Restated Declaration of Protective Covenants (the “Declaration”), which are for protecting the value and desirability of the Properties, which shall run with the real property and be binding on all parties having any right, title or interest in the described properties, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner.