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Posted on: August 24, 2020

2020 Draft Amended and Restated Declaration

 Dear Fellow Virginia Run Residents,

Please find enclosed, along with this letter, the DRAFT version of the all-important Amended and Restated Declaration of Covenants and Restrictions for Virginia Run Community Association. As explained previously, it is extremely important that a majority of the Community (67%) approve the amended version to preserve the investments each of us have made in our homes, in Virginia Run, and the Association. For the next several weeks we will be highlighting the proposed changes to keep everyone informed and facilitate a vote to approve. The vote itself will be open for a period of two years and will close in September 2022. However, if we reach the 67% approval before then we will have achieved our goal and have an approved Declaration for the Community.

The Amended and Restated Declaration is a comprehensive rewrite of the builder Declaration created over 33 years ago.  The Declaration includes references to the Virginia Property Owners Association Act as well as a multitude of statutory amendments to that Act that have been passed by the General Assembly.  The Declaration provides the basis for the Community’s Articles of Incorporation, as filed with the Secretary of the State Corporation Commission of the Commonwealth of Virginia, Bylaws of Virginia Run Community Association, and Architectural Design Standards. It also incorporates five (5) amendments to the existing Declaration that had been approved by the Virginia Run membership since our incorporation. 

From your perspective the Declaration provides the standards for all Boards, Committees, and overall management of the Association’s business.  Approval of the Declaration by Association members (homeowners) provides the assurance that the elected Board members and appointed committees are managing the association in accordance with agreed upon standard policies, business processes and procedures. As stated in Article IV of the Declaration, “The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Areas and all improvements thereon including parking areas, and shall keep these in good clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and condition hereof and consistent with the community-wide standard.” 

The Declaration package for your review and comment includes the 1) Amended and Restated Declaration, 2) List of Major Changes to the Declaration, and 3) Version Control Document. For those who wish to review the Amended and Restated Declaration with the changes from March 2016 and the original builder’s version, both will be posted and available on the Community website. Due to the complete revision of the original builder’s version it was impossible to provide a cross referencing. However, the DRAFT version you are reviewing contains track changes from the March 2016 version.

INSTRUCTIONS FOR REVIEW AND COMMENT: Each line of the Amended and Restated Declaration has been numbered. When reviewing the document, refer to the line number and provide your comments. You can email comments to boardpresident@virginiarun.com or have them ready for two Town Hall meetings to be set up via Zoom. To speed up the Zoom meetings, we recommend submitting the comments in advance so a response can be prepared before the meeting. When commenting please be clear and concise with your concern as well as a potential solution/modification of the section. Meeting dates will be posted on the marquee and website. Hard copy may be requested from Management, management@virginiarun.com.

Thank you in advance for your review of the Amended and Restated Declaration and your comments to improve the FINAL version of this all-important document to the Virginia Run Community Association.

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