2.02 Owners' Easements of Enjoyment

FCHOA Declaration of Protective Covenants - Revision Date: 2022-05-20

Subject to the provisions of the Governing Documents, every Owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject to the rights of the Association as follows:

(a)       To establish reasonable rules and regulations with respect to use of the Common Areas and with respect to such other areas of responsibility assigned to the Association by the Declaration, except where expressly reserved by the Declaration to the Owners;

(b)       To establish reasonable rules and regulations pertaining to Owners’ guests;

(c)       To charge reasonable fees and/or charges for the use of the Common Areas and certain facilities;

(d)       To suspend an Owner’s right to use or benefit from any of the Common Areas for any period during which any assessment, charges, fees, or dues are more than 60 days past due, subject to any limitations in the Property Owners’ Association Act (Va. Code Ann. § 55.1-1800, et seq);

(e)       To suspend an Owner’s right to use or benefit from any of the Common Areas for any period during which any other infraction of the Governing Documents by the Owner remains uncorrected after the last day of the period established for correction by the Board;

(f)       To grant permits, licenses and easements under, through and over the Common Areas or other areas of Association responsibility for drainage, utilities, roads, access and other purposes which are reasonably necessary to the ongoing development and operation of the Properties as approved by the Board, or as deemed by the Board of Directors to be in the best interest of the Association;

(g)       To dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be approved by the Board;

(h)       To sell, lease, exchange, dispose of, encumber, or mortgage all or any part of the Common Area in accordance with the Bylaws;

(i)        To enter into shared use and maintenance agreements; and

(j)        Such other rights as set forth by law or by the Governing Documents.