USER GUIDE

FOR

WINTERGREEN PROPERTY OWNERS

ASSOCIATION

COVENANTS AND RESTRICTIONS

TABLE OF CONTENTS

SUBJECT PAGE

Introduction – 3

Plans for the Future – 7
Process for Investigating Complaints/Violations,
Accessing Remedies/Sanctions and providing
Technical Assistance.

Covenants & Restrictions – 9

Part I – General Covenants (Applicable to All Properties)

A) Covenants Pertaining to the ARB Process 10
B) Other Restrictions 13

Part II – Additional Restrictions to Implement Effective 14
Environmental Controls

Part III – Additional Restrictions Affecting Open Space 17

Part IV – Property Owners Covenants 17

A) Membership & Voting Rights 20
B) Board of Directors 21
C) Members Powers of referendum 21
D) Quorum for Regular & Special Meetings 22
E) Property Rights in Common Properties 23
F) Covenants for Assessments 24
G) Functions of the Associations 28
H) General Provisions 30

Part VI – Covenants against Time-Sharing 31
January 2005

INTRODUCTION

The primary purpose of the Wintergreen Covenants is to create a community that is aesthetically pleasing and functionally convenient. These Covenants are designed to encourage the preservation of privately owned property values and to provide enhancement of common property rights enjoyed by all owners.

Every Wintergreen property owner receives the “Green Booklet” entitled Covenants and Restrictions at the time of property transactions. The Covenants represent a contract between the individual owners and the community. The overall Covenants currently consist of seven individual sets listed below:

1. ALL PROPERTY (GENERAL COVENANTS)
2. SINGLE FAMILY CONVENANTS
3. MULTIPLE FAMILY COVENANTS
4. VALLEY RESIDENTIAL COVENANTS
5. AMENDED VALLEY (STONEY CREEK) COVENANTS
6. AMENDED PROPERTY OWNERS COVENANTS
7. COVENANT AGAINST TIME-SHARING
In addition to the above sets, there are subdivisions which have unique requirements that are not included in the Covenants & Restrictions. Some are:
i. Tyro Overlook iv. Rodes Farm
ii. Hunters Point v. Lakeside Cottages
iii. Breezewood Cottages vi. Chestnut Flats

Also, there are developed parcels, which are “fee simple” properties. Some are:

i. Pedlars Loft
ii. Westwood
iii. Trillium Place
iv. Shenandoah Ridge
v. Lakeside Cottages
vi. The Cottages-ClubHighlands

Virtually every property has been conveyed subject to several sets of covenants. The General Covenants, the Wintergreen Property Owners Association (WPOA) Covenants and (for properties conveyed after August 31, 1984) the Covenant Against Time-Share apply to all lots and condo units. Other Covenants such as the Single Family Covenants, the Multi-family Covenants and the Valley Covenants apply to specific areas only. These Covenants are binding on all parties who have an interest in the properties.

The vast majority of the authorities/restrictions contained in the Covenants have, over time, been assigned from the Company (the former developers) to either WPOA or Wintergreen Partners, Incorporated (WPI). There are certain rights relating to High Country Associates (HCA), the present developer, that are not assigned to WPOA. For example, some of HCA’s properties are not subject to ARB review.

The restrictions and affirmative obligations contained in the Covenants have been recorded with each individual property deed and “run with the land.” This means that they transfer from one property owner to another at the time of sale. They are binding on all parties (property owners, WPOA, WPI and the Developer) for a period of thirty (30) years, with the exception of the WPOA covenants, which have a 25 year term. The WPOA Covenants which govern the operations of the Wintergreen Property Owners Association were amended in February of 2000. For the most part, these amendments reflected the changes necessitated by the transition of control from the Developer to the WPOA. The remaining Covenants which govern the use of your property shall be automatically extended for successive periods of ten (10) years, unless a majority of all owners approve revisions by way of notarized votes and recorded by Nelson County.

The provisions for Covenants change make it unlikely changes will be made to the document. More importantly, a careful review of the existing Covenants suggest that significant changes in the Covenants would not be warranted. The WPOA Board of Directors has determined that the existing Covenants documents and the authority provided by the Property Owners Association Act of Virginia are adequate controls for our community.

To insure the Covenants are better understood, a users guide has been prepared for distribution to all property owners. This new document cannot and will not replace the legally binding and recorded official documents. Rather, its purpose will be to convey in readable terms the various significant provisions of the actual Covenants. As mentioned, there is a great deal of repetition and we have attempted to merge the various “sets” of the Covenants wherever the requirements are common. Thus the format of this guide does not follow the order of the “Green Book.”

Further, it will reflect in its informal format all the assignments of rights that have already been made to WPOA, WPI or retained by the HCA. The purpose of this document is to describe the philosophy of the Covenants and to explain any restrictions and the process for acquiring permission for action. It will also describe consequences for violations. In addition, a series of Technical Assistance (T/A) guides will be developed to assist property owners in meeting requirements of the Covenants.

An excellent example of the technical assistance documents is an existing guide entitled Building or Modifying Your Home at Wintergreen. It was developed by the Architectural Review Board (ARB) and adopted by the WPOA Board in September 2001. This guide was designed to orient property owners to the review process for building or modifying their homes. The ARB was established to implement the components of the Wintergreen Covenants relating to creating an aesthetically pleasing and functionally convenient community in a beautiful setting. This is a “user friendly” document and if a property owner is planning to construct a new home or to revise an existing one in any fashion they are encouraged to request a copy from the ARB or WPOA.

Like the ARB Guide, this User Guide and the T/A guides are “living” documents and will be revised and expanded as we gain more experience as technology evolves. They will be distributed as they are developed. For example, our next guide will deal with tree cutting or pruning, trimming of vegetation and planting of non-native species.

Another example of T/A is the appointment of a subcommittee to develop a workable approach to preserving the natural elements that are scientifically important (i.e. rare plants). The subcommittee is preparing a proposal to identify and map the locations of rare important plants to better assist the ARB with house and driveway placement. This is definitely a long-term project and must occur over several growing seasons.

PROCESS FOR INVESTINGATING COMPLAINTS/VIOLATIONS AND ACCESSING REMEDIES AND SANCTIONS

Complaints concerning violations of the Covenants can be made to the Executive Director or any WPOA staff member. The staff, including the Executive Director, may also identify violations as a normal part of their duties. The nature of the complaint will be fully documented. An appointed staff member will investigate and gather additional facts, if necessary.

At the conclusion of the investigation and consultation with the WPOA Executive Director a decision on the complaint will be made. If the complaint lacks validity or is not of serious enough nature to warrant remedial action, the complainant will be so advised and given the rationale for the decision.

If a substantial violation has occurred, the staff person will make a recommendation to the Executive Director who will determine a course of action regarding how the situation should be remedied and what sanctions, if any, will be applied. At any point in the process the Executive Director may consult with the WPOA Board of Directors and seek their advice.

The sanctions will be applied on a “case by case” basis. These may include monetary fines or a requirement to replace damaged materials. Violators will be given specific time periods for response to notification and for taking remedial actions.

In addition to the ability to require remedial action to correct Covenant violations, WPOA has the authority to assess financial penalties against any owner for any violation of the Covenants and Restrictions. If WPOA decides to assess financial penalties or other penalties, the owner will be offered the opportunity to be heard and to be represented by counsel before a Covenants Appeal Committee. Notice of such a hearing must be hand delivered or mailed by registered or certified mail, return receipt requested, to the property owner, fourteen (14) days prior to the hearing. If after this hearing, WPOA decides to proceed with sanctions the property owner will be given a specified time period to remedy the violation. If after the period of time the violation has not been “cured” WPOA may assess a daily fee of ten dollars ($10) per for any offense of a continuing nature and shall treat this as an assessment against the owner’s lot.

The appeals process shall apply to all violations of the Wintergreen Covenants and Restrictions, except the architectural and design issues which are dealt with by the ARB. The Covenants Appeal Committee shall consist of three (3) members appointed by the WPOA Board. Members shall serve 3 year terms: one will represent the Mountain Village, another Stoney Creek (these members need not be Board Members) and a third member from the WPOA Board.

Based on the recommendations from the Appeals Committee, the Board will make a decision, which will be binding on all parties. However, WPOA or property owners, (jointly or severally) shall have the right to proceed through the courts to compel compliance to prevent violations.

COVENANTS & RESTRICTIONS
The following Users Guide has been developed to provide user friendly, common language for understanding the “Green Book.” This guide reflects the provisions in the legal documents, the rules and procedures adopted by the Wintergreen Property Owners Association Board and the statutory law.
Part I – Covenants, Restrictions and Affirmative Obligations Applicable to All Properties in Wintergreen.

Preface – This Part, beginning on page 2 of the Covenants contains the provisions regarding building a new home or changing an existing one. Through conformance with the Covenants by individual property owners, enforcement by WPOA and stewardship provided by The Wintergreen Nature Foundation (TWNF), the community confidently expects to preserve this beautiful natural setting for the future enjoyment of all property owners. As a part of this responsibility, WPOA appointed an Architectural Review Board (ARB), which presently consists of five (5) voting members made up of two (2) property owners from the Mountain community, two (2) property owners from the Stoney Creek community and one at-large member. Two rotating non-voting members are chosen from the real estate community and the building/contracting community. Also sitting on the Board is a non-voting architectural consultant and staff personnel from WPOA. In addition to their review function, the ARB provides assistance to property owners to help in identifying the unique opportunities of their individual sites.

It is important to note THERE ARE NO OBJECTIVE STANDARDS RELATING TO DESIGN AND LOCATION OF DWELLINGS AND OTHER STRUCTURES IN THESE CONVENANTS. This was intentional, so that in the future, the ARB and property owners could take full advantage of the individual characteristics of each parcel, of technological advances over the years and of new understandings of the environment. The ARB has the authority to consider these circumstances and to establish objective standards and guidelines relative to design criteria and recommendations.

Covenants and Restrictions Pertaining to the Architectural Review Process.
1. No building, fence or other structure shall be erected, placed or altered without the permission of the Wintergreen Architectural Review Board (ARB).
The ARB has published a guide (Building or Modifying Your Home at Wintergreen) to assist the owner in building or altering his property. This includes detailed instructions for developing and submitting plans for approval. There is an application fee for this process and it is described in the guide.

Whenever an owner proposes to build any new structure or alter in any way the exterior of a previously existing building, the plan must be approved thorough a review process. Preliminary plans for new homes may be submitted to the ARB and final plans must be approved prior to receiving a building permit.
The completed applications and plans must be submitted for review ten (10) days prior to the next scheduled meeting of the ARB.

The plans may be rejected upon any ground, “which in the sole and uncontrolled discretion of the ARB shall seem sufficient.” In the event the plans are neither approved nor denied by the ARB (including the request for additional information) within thirty (30) days following their receipt, they will be considered to be approved.

2. A Nelson County Building Permit will not be issued until the proposed building plans have been approved in writing by the ARB. These plans must include specifications showing floor plans, all elevations, exterior color or finish, plot plan detailing the proposed location of the building or structures, drives and parking areas, a landscape plan, a water management or erosion control plan, and the construction schedule. The County will not issue a certificate of occupancy until the ARB has determined that the building or alternations substantially conform to the approved plans.

3. Aspects of the review process.
In order to assure that buildings will be located to obtain the maximum view and privacy, while considering the location of large trees and other aesthetic and environmental considerations, the ARB reserves the right to control the precise site and location of any building. Such location shall be determined only after a reasonable opportunity is afforded the property owner to justify a special site.
No property owner is allowed to obstruct, alter or interfere with the flow or natural course of the water of any creek, stream, lake or pond in Wintergreen without first obtaining the written consent of the ARB.

Any portion of “Golf Fairway Property” or “Ski Slope Property” (property adjacent to Wintergreen golf courses and ski Slopes) within thirty (30) feet of the property line bordering the golf courses and ski slopes must be in general conformity with the overall landscaping pattern of the golf courses and ski slopes. All individual landscaping plans must be approved by the ARB. WPI reserves a “Golf Course and Ski Slope Maintenance Easement Area” on each property adjacent to the golf courses and ski slope. Any construction in this area must be approved by WPI. This reserved easement will permit WPI to go onto any part of the maintenance area, which is limited to the portion of the property within thirty (30) feet of the boundary lines bordering the golf courses and ski slopes, or such lesser areas as may be shown as a “Golf Course or Ski Slope Maintenance Area” as recorded on the plat. Maintenance may include regular removal of underbrush, trees less than six (6) inches in diameter, trash, planting of grass, watering, application of fertilizes and mowing of the easement area.

Until such time as a home is built on the property, WPI allows an easement to permit golfers to enter the property to recover a ball or play a ball. After a home is constructed, such easement shall be limited to that portion of the property included in the Golf Course Maintenance Easement Area and only the recovery of balls will be allowed. Golfers or golf carts are not allowed on any such property.
Skiers may enter the property before a home is completed for the purpose of recovering a ski. After construction, they may only enter upon the 30’ easement.

In addition to the above restrictions pertaining to the Ski Slope Maintenance Area, WPI reserves the right to:
a) Maintain drainage facilities to facilitate the removal of snow with minimum erosive effects.
b) Enter any property to conduct first aid and rescue activities.
c) Temporarily maintain and operate snow making machinery within the area.

4. Other Restrictions
If any house, condo unit or other structure is destroyed in whole or in part, the owner(s) is responsible for reconstructing it by removal of debris or restoring the property to a neat condition within six (6) months.

It is the responsibility of each property owner to prevent the development of any unclean, unsightly conditions of buildings or grounds on such property. The burning of wood, leaves, trash, garbage or other refuse is not permitted on any property.

No signs can be erected on any property by anyone including, but not limited to, the owner, a realtor, a contractor or subcontractor, except with written permission of WPOA. If permission is granted, WPOA reserves the right to restrict size, color and content of the signs. Residential property identification signs can not exceed a combined total of more than one (1) square foot without permission of WPOA.

All animals must be secured by a leash or under the control of a responsible person and obedient to that person’s command at any time they are permitted outside a house or other enclosed area approved by WPOA for the maintenance and confinement of animals.

The use of the roads in Wintergreen are subject to rules and regulations established and modified from time to time by WPOA. No one can operate a vehicle on any road or trail not shown on the recorded Master Plan without written consent of WPOA. No vehicle of any type other than conventional automobiles, jeeps and pickup trucks shall be parked or maintained on any lot or residential building site, except during the period of construction.
Snowmobiles shall not be used or maintained on any property as a recreational vehicle.

Part II – Additional Restrictions to Implement Effective Environmental Controls.
NOTE: The text of the Covenants which require a property owner to receive approval from the Association before they take any action to alter the topography or vegetation on their lot are printed below. Because this is a broad power of the Association and a number of activities are included in those which require approval, the Association will develop technical assistance guides to explain specific actions which may be taken without submitting a request for approval prior to beginning work; those actions which will require prior approval; and, the standards by which approvals will be granted.

1. Topographic and vegetation characteristics of all properties within Wintergreen will not be altered by removal, cutting, excavation or other means without the prior approval of WPOA. Written approval will be granted only after a plan designed to protect lakes and waterways from pollution resulting from erosion, pesticides or the seepage of fertilizer has been submitted to and accepted by WPOA. Written approval will be granted for the minimum amount of earth movement and vegetation reduction required in the plan submitted for approval under Paragraph 1 of Part 1.
2. No trees, shrubs or other vegetation may be removed without written approval of WPOA. Approval for the removal of trees located within ten (10) feet of the main dwelling is granted unless such removal substantially decreases the beauty of the property.
3. WPOA has reserved the right to enter any property for a number of purposes as described below:
In order to implement effective erosion control, WPOA has the right to perform grading, landscaping or the construction of erosion prevention devices. Prior to exercising its right to enter the property for the purpose of performing any grading, landscaping or constructing erosion prevention devices, WPOA will provide the owner of the property the opportunity to take immediate corrective action. If the owner fails to take specified corrective actions immediately, WPOA will exercise its right to enter the property and take necessary corrective action. The cost of such erosion prevention measures will be kept as low as reasonably possible and charged to the owner.

In order to implement insect, reptile, wildlife and woods fire control, WPOA has the right to enter any property on which a building has not been constructed and no landscaping plan has been implemented, for the purpose of mowing, removing, or clearing underbrush, which in WPOA’s opinion detracts from the overall beauty or safety of Wintergreen. The costs of this control shall be paid by the owner of the property. In addition, WPOA may enter the property to remove any trash that has collected or has become a threat to the watershed from pollution. The owner will be given thirty (30) days to remedy these conditions, prior to any such entry.

WPOA has the right to dispense pesticides or take other actions which in its opinion are necessary to control insects and vermin, to cut firebreaks and other activities which are necessary to control fires.
4. Lake Monocan is the primary water supply for Wintergreen and all owners have a responsibility to avoid causing adverse effect to the beauty, quality and the purity of the Lake. In order to insure that this responsibility is fully met, WPI may promulgate regulations to govern sensitive environmental activities, such as the application of fertilizers and pesticides, erosion control measures, use of the lake surface and any other activities impacting on the Lake.

Part III – Additional Restrictions Affecting Open Space Area.
1. It is the intent of WPOA to maintain and enhance certain areas which are designated as “Open Space Areas” (open to all property owners). These efforts include promoting the conservation of natural and scenic resources, wet lands, wildlife, game and migratory birds, enhancing recreation opportunities, and preserving historical sites.
2. Wintergreen property owners, tenants and guests are encouraged to enjoy these Open Space Areas subject to WPOA rules and regulations.
3. WPOA has the right to protect the erosion of the land in Open Space areas by planting trees, plants, shrubs, constructing catch basins or other means deemed necessary by WPOA. Likewise WPOA may take steps necessary to insure adequate drainage, to cut firebreaks, remove diseased, dead or dangerous trees.
4. No trash, garbage, sewage, sawdust or any unsightly or offensive material shall be placed upon Open or Private Open Space Areas.

Part IV – Single Family, Multiple Family & Valley Properties Rights and Restrictions.

1. Single family homes located in the Mountain Resort must be greater than 800 square feet of enclosed dwelling space. In Stoney Creek Amended Covenants they must be greater than 1,400 square feet of enclosed dwelling space. The term “enclosed dwelling” does not include garage, terraces, decks, open porches, etc. The term does include screened porches if the roof of such porches forms an integral part of the roof line of the main dwelling.
2. All lots must be used for residential purposes exclusively. The use of a portion of the dwelling for an office will be allowed if it does not create customer traffic to and from the lot. In addition to the home, a small one-story accessory building may be erected and may include a private garage or guest suite (no kitchen allowed) provided the building does not overcrowd the site. This accessory building may not be constructed prior to the construction of the dwelling.
3. A guest suite or like facility without a kitchen may be included as a part of the dwelling or accessory building, but may not be rented or leased, except as part of the entire premises.
4. The exterior of all houses and other structures must be completed within one (1) year after the construction has started, except where the completion is impossible or would result in great hardship to the owner, due to fire, or other natural calamities. Houses and other structures may not be occupied until a certificate of occupancy has been issued by county. During the construction, the owner shall require the contractor to maintain the lot in a reasonably clean condition.
5. Each lot owner must provide a screened area in which garbage receptacles, fuel tanks, electric and gas meters, air conditioning equipment and other unsightly objects must be placed to conceal them from the adjacent properties. Plans for such screened areas must be approved by the ARB prior to construction.
6. Each lot owner must provide two (2) spaces for the parking of automobiles off the streets.
7. No mobile home, trailer, tent, or other building shall be placed on any lot at any time, either temporarily or permanently. Boats and boat trailers may be maintained on a lot, but only within an enclosed area, approved by the ARB such that they are not generally visible from adjacent properties.
8. Mail boxes or any fences must have prior approval of the ARB, including siting, color, appearance, etc.
9. It should be noted that due to an FCC ruling, the prohibition in the Covenants regarding TV and Radio receivers is no longer in effect.
10. No temporary structure shall be placed upon any lot, at any time, except those structures used by a contractor during the construction of the main dwelling. These temporary shelters may not be used as residences or be permitted to remain on the lot after completion of construction. Again these structures must be approved by the ARB.
11. The Developer has reserved the right to approve the subdividing of any lot or the changing of boundary lines, since these actions would affect the Master Plan. No lot originally shown on the recorded plat can be reduced in size by more than ten (10%) percent. This paragraph does not prohibit the combining of two (2) or more contiguous lots into one (1) larger lot. (Combining 1 or more lots results in one (1) assessment unit.)
12. No livestock, fowl or other animals may be kept on any lot except domestic cats, dogs or pet birds may be kept in a reasonable number, but not for any commercial use. No animal shall be allowed loose upon the property or any lot. The Covenants applying to the Rodes Valley, Rodes Valley II, Monocan II, Valley Foothills and Valley Foothills II Sections does permit horses and ponies, provided they are enclosed by a substantial fence. In no case shall the number of animals be permitted if they are a nuisance to adjacent properties or they over burden the land on which they are being kept. WPOA or its designate shall have the authority to determine if there is a nuisance to adjacent properties or whether the number of animals being kept on the lot over burden the property.
13. No private golf carts, motorcycles, motor bikes or ATV’s (all terrain vehicles) shall be operated nor maintained on any lot or other property.
14. No tennis courts shall be constructed or maintained on any lot, except as may be approved on a case by case basis by WPOA, but in no instance shall they be lighted.

Part V. – Amended Property Owners Covenants.
This section describes how WPOA functions and how it is governed. The original Section was recorded in September of 1974 and was amended by a vote of the Membership to reflect the transition to homeowner control of the Association and other changes. This Amendment became effective 1 February 2000.

Membership & Voting Right in the Association
1) MEMBERSHIP – Every property owner shall be a Member of the Association.
2) VOTING RIGHTS – The Association has three types of regular voting memberships and one type of special voting membership.
TYPE “A” --- Voting members are owners of Residential lots and Family Dwelling Units (detached homes, condos and lots). Members are entitled to one vote for each Residential lot or Family Dwelling Unit owned. Where there are multiple owners of a property, only one designated owner can vote. At the present there are approximately 3,600 Type “A” voting members.

TYPE “B” --- Members are owners of Public or Commercial space. Most public space is owned by WPI in the form of the Mountain Inn commercial and meeting space, Skyline Pavilion, Wintergarden, etc. Additional Type “B” properties include the Medical Center, Black Rock Market, Utility properties both mountain and valley, etc. Members are entitled to one vote for each 1,000 square feet of public or commercial space. Presently there are 253 votes, of those WPI has 227.

TYPE “C” --- There are no longer any Type “C” members.

TYPE “D” --- These can only be voted in a referendum. Type “D” members are not permitted to vote for at-large WPOA Directors.
3) BOARD OF DIRECTORS – The Association is managed by a Board of nine (9) Directors. Six (6) are elected for terms of three (3) years. Two (2) Directors are appointed by WPI. At least one of the at-large Directors will own property in Stoney Creek and one in the Mountain Village. According to the formula, HCA is entitled to appoint one at-large Director. Once the HCA has fewer than 100 lots or dwellings, they will not be able to appoint a Director. If any Director appointed by either the Developer or WPI resigns, dies or is otherwise removed from the office, the unexpired term will be filled by the organization which originally appointed the Director.
4) MEMBERS TO HAVE POWER OF REFERENDUM IN CERTAIN INSTANCES -- Members have the power to approve or reject certain actions proposed to be taken by the Association by Referendum including an increase of maximum assessments in excess of that presently provided for by the Covenants and addition of functions or services which the Association is authorized to perform. Fifty-one (51%) percent or more of the votes received within the specified time frame is necessary for actions to pass. (Note: the percentage may be higher for other sections of the Covenants).

Type “A” and “B” members may require a Referendum on any actions taken by the Board of Directors by presenting to the Board’s Secretary within sixty (60) days of the Board’s action a petition signed by at least twenty (20%) percent of the Membership.
5) QUORUM REQUIRED FOR ANY ACTION AUTHORIZED AT REGULAR OR SPECIAL MEETINGS OF THE ASSOCIATION.
The quorum required for actions (i.e. decisions to sell or purchase property, overrule a Board action or amend the Covenants, etc.) which are subject to a vote of the Members at an open meeting of the Association (as distinguished from the Referendum described above) shall be as follows:

a) The first meeting of the Association called to vote on a particular action requires a quorum of sixty (60%) percent of the membership (members present and proxies). In the event the required quorum is not present at any such meeting, a second meeting may be called and there shall be no quorum requirement. Members must be given proper notice, which is defined as not less than thirty (30) days prior to the meeting.

b) Any Member may vote at any meeting by Proxy authorized in writing, provided that Proxies shall not be required for any action which subject to a Referendum, in which case the ballots must be mailed or delivered to the Association.

PROPERTY RIGHTS IN THE COMMON PROPERTIES
1) Members’ Easement of Enjoyment in Common Properties.
Subject to the provision of these Covenants, the rules of Association and fees established will apply to every Type “A”, “B”, and “D” Member and shall have an easement of enjoyment in and to the Common property. Each member’s spouse, dependent children, guest and tenants shall have the same easement of enjoyment.

If the property is owned by two (2) or more persons, such owners may appoint up to three (3) Primary Members. Each Primary Member shall have the same ease of enjoyment as Members who own such property singularly, provided that each property having two (2) Primary Members only, shall pay the same assessment as though the property had only one (1) Primary Member. If there are three (3) Primary Members, the property will be assessed at 1 ½ times the assessment for single ownership.
2) Purchase of Common Properties.
Common Properties may be acquired by the Association, if approved by a vote of sixty (60%) percent of the total votes in a Referendum of Type “A” Members.
3) Extent of Members Easement.
The easements of enjoyment created shall be subject to the following:
(a) The right of the Association to assume and pay any liens of encumbrances against the Common Property at the time of conveyance;
(b) The right of the Association to take such steps as are reasonably necessary to protect the above-described properties against foreclosures;
(c) The right of the Association to suspend the rights of any Member for any period during which the payment of any assessment remains delinquent and for any period not to exceed sixty (60) days for any infraction of published rules and regulations;
(d) The right of the Association to charge reasonable admission and other fees for the use of the Common Properties;
(e) The right of the Association by its Board of Directors to dedicate or transfer to any public or private utility or drainage easement on any part of the Common Properties.
The right of the Association to give or sell all or any part of the Common Properties, subject to an affirmative vote of sixty (60%) percent of the Members at a duly called meeting of the Association, subject to the quorum requirements.

COVENANTS FOR ASSESSMENTS
1) Creation of Lien and Personal Obligations of Assessments.
Each owner agrees to all the terms and provisions of the Covenants to pay to the Association annual assessments and special assessments for the purposes described in this section.
If the assessment is not paid on or before the past-due date, the assessment becomes delinquent and shall (together with interest, late payment penalties and the cost of collection) become a charge and continuing lien against the property and any improvements.

If the assessment is not paid within thirty (30) days after the past due date, the Association may file suit against the Owner personally and there shall be added to the amount of such assessment the cost of preparing and filing the complaint and if a judgment is obtained, such judgment shall include interest on the assessment and a reasonable attorney’s fee to with the costs of the action. This will include a late payment penalty of fifteen (15%) percent, collection costs and interest at the judgment rate used by the Circuit Courts. These costs will be the personal obligation of the Owner. In the case of co-ownership, all owners will be jointly and severally liable for the entire amount of the assessment.
The lien, once perfected, shall be prior to all other subsequent liens and encumbrances except (a) real estate tax liens on that lot, (b) liens and encumbrances recorded prior to the recordation of the declaration, (c) sums unpaid on any mortgage or deed of trust recorded prior to the perfection of the lien. The provisions of this subsection shall not affect the priority of mechanics’ liens.

2) Purpose of Assessments.
The annual assessment shall be used exclusively for the improvement, maintenance, enhancement, enlargement, and operation of the Common Properties, and to provide services which the Association is authorized to provide.

3) Application of “Maximum” Assessment.
The maximum annual assessment for Fiscal Year 2005, as set forth in the schedule below, may be increased annually. However the increase in the maximum regular annual assessment may not exceed ten (10%) percent over the previous year or the change in CPI, whichever is larger. The WPOA Board of Directors may suspend the automatic increase for any one (1) year in its own discretion and levy a lower percentage increase. Note: Since WPOA took over independent responsibility for its functions, there has not been a maximum levy. For example in Fiscal Year 2005 the percentage increase is 7 (7%) percent. Any time the actual assessment is less than the maximum, the decrease will be proportionate among all types of ownership. The levy of an assessment less than the maximum shall not affect the Board’s right to levy the maximum assessment in subsequent years. If the Board levies a lesser assessment and later in the year determines the need for a supplemental assessment they may, by majority vote, increase the assessment, but initial and supplemental cannot exceed the Maximum Assessment.
If the Board, by majority vote, determines that the important and essential functions will not be properly funded in any year by the Maximum Annual Assessment, it may levy a special assessment against members. Majority vote (60%) called within sixty days of the notice can rescind the special assessment. This amount is limited to the amount to be raised by the maximum regular annual assessment for the year, unless in the case of storm, fire, natural disaster or other casualty loss.

FISCAL YEAR 2005 ASSESSMENTS
PROPERTY TYPE ANNUAL AMOUNT
Residential Lots* $616.00
Family Dwelling (1 or 2 owners)* $928.00
(3 owners (1 ½ times the unit) $1,392.00

Public & Commercial Units
(one unit = 1,000 square feet) $616.00

Developer Owned Lots $2,052.00
(per lot/unit sold)

Recreational Facilities owned by WPI $1.70 per lift ticket

The date of the change in assessment from an undeveloped home site to a family dwelling unit shall be the date of occupancy permit.

4) Special Assessments For Construction.
In addition to the regular annual assessment authorized above, the Association shall levy a special assessment for construction, the amount of which shall be determined by the Board and which shall be levied on the classifications of properties listed in the “Green Book.”
5) Reserve Funds.
The Association may establish reserve funds from its regular annual assessments to be held in an interest drawing account for (a) major rehabilitation or major repairs, (b) for emergency and other repairs required as a result of storms, fires, natural disaster, or other casualty loss, and (c) initial costs of any new services to be performed by the Association. The manner in which these funds are handled and the limits of same must conform with Section 55-514.1 of the Code of Virginia.
6) Annual Budget.
The Board of Directors shall prepare and make available to all members at least thirty (30) days prior to the first day of the following fiscal year, a budget outlining anticipated receipts and expenses for the following fiscal year. The financial books of the Association shall be available for inspection by Members at all reasonable times.

FUNCTIONS OF THE ASSOCIATION
1) Ownership and Maintenance of Common Properties.
The Association is authorized to own, lease and/or maintain common properties and equipment, furnishings, and improvements. For example, this includes roadways, sidewalks, paths, bicycle paths, Fire/Rescue Stations, police, fire/rescue equipment, maintenance buildings/equipment, etc.
2) Authority to Purchase Common Properties.
The Association is authorized to purchase or lease properties following approval of the Members. The purchase price may be financed in whole or part. The general terms of the financing must also be approved by the Members.
3) Services.
The Association is authorized, but not required to provide services typically provided by a local government. For example, this includes: police, fire, emergency medical services, cleanup and maintenance of all road and other common properties, landscaping, lighting of roads and paths, establishment of an Architectural Review Board, administrative services, including, but not limited to legal, accounting, financial, communication services, improvement of Common Properties, etc.
4) Obligation of the Association.
The Board shall determine which of the services will be provided. The function and services to be carried out or offered by the Association at any particular time shall be determined by the Board taking into consideration funds available and the needs of the Members.
5) Mortgage and Pledge.
The Board shall have the power and authority to mortgage the property of the Association and to pledge the revenues of the Association as security for loans to be used by the Association in performing its authorized functions.

GENERAL PROVISIONS
1) Duration.
The Covenants “run with and bind the land” and shall be enforceable by the Association for a period of twenty-five (25) years from the date this Declaration is recorded. Upon the expiration of the period this Declaration will be automatically renewed and extended for successive ten (10) year period. The number of extension periods will be unlimited, however there shall be no renewal or extension of this Declaration, if during the last year of the initial period or subsequent extensions, three-fourths (3/4) of the votes cast at a duly held meeting of the Association vote in favor of terminating or revising this Declaration. A thirty (30) day written notice must be given each Member stating that a proposal to terminate this Declaration will be considered. If the Declaration is terminated or revised, such actions must be recorded on all deeds subject to the previous Declaration (recorded in the Offices of the Clerks of the Circuit Court).
2) Amendments.
All proposed amendments must be submitted to a vote of the Members at a duly called meeting of the Association and any such amendment will be deemed approved if three-fourths (3/4) of the votes cast vote in favor of the proposal. Again there must be a thirty (30) day written notice and the effective date of the amendment must be at least sixty (60) days after the date of the meeting. These amendments must be recorded in the Office of the Clerk of Courts.
The quorum required for any actions taken above are as follows:
The first time any meeting of the Association is called for such a meeting, there must be sixty (60%) percent present (and proxies) to constitute a quorum. If the required quorum is not present, a second meeting may be called subject to proper notice. At this meeting there must be fifty (50%) percent present (and proxies) to constitute a quorum.
3) Enforcement.
Enforcement of these Covenants and Restrictions shall be by proceeding through the Courts against anyone violating or attempting to violate or circumvent any covenant or restriction, either to restrain violation or recover damages and to enforce any lien created by the covenants. Failure by the Association to enforce any covenant for any period of time shall in no event be deemed a waiver or the right to enforce the covenant in the future.
4) Interpretation.
The Board has the right to determine all questions arising in connection with these covenants and to construe and interpret its provisions, construction or interpretation which shall be final and binding. In addition, the Circuit Courts of Nelson and Augusta Counties respectively would hear any arguments arising from the interpretations of these documents.
Part VI – COVENANT AGAINST TIME-SHARING.
This covenant states that no portion of any Wintergreen real estate subjected to these covenants at this time shall be used for the creation of any “time-share program” as described in the Virginia Real Estate Time Act, Chapter 21 of Title 5 of the Code of Virginia of 1950. In the event of a violation of this Covenant, by any owner, WPOA or WPI shall have the right to proceed at law, in order to compel compliance.