BYLAWS

BY-LAWS OF

WOLF TRAP GREEN HOMEOWNERS

ASSOCIATION 

ARTICLE I

NAME AND LOCATION. The name of the corporation is WOLF TRAP GREEN HOMEOWNERS ASSOCIATION, hereinafter referred to as the “Association.” The principal office of the Association shall be located at the residence of the President, P.O. Box 491, Great Falls, Virginia 22066, but the meetings of members and directors may be held at such places within the State of Virginia, County of Fairfax as may be designated by the Board of Directors.

ARTICLE II

DEFINITIONS

Section 1. “Association” shall mean and refer to Wolf Trap Green Homeowners Association, its successors and assigns.

Section 2. “Properties” shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 3. “Common Area” shall mean al l real property owned by the Association for the common use and enjoyment of the Owners.

Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

Section 5. “Owner” shall mean and refer to the record owner, whether one or

more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 6. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of the Clerk of the Circuit Court of Fairfax County, Virginia.

Section 7.  “Member” or “Members of the Association” shall mean and refer to those persons entitled to membership as provided in the Declaration.

Section 8. “Members Eligible to Vote” shall mean and refer to Members whose right to vote, hold office and use the Common Area and any facilities therein have not been suspended.

Section 9. Fiscal Year. The fiscal year of the Association shall begin on the first day of July and end on the thirtieth day of June of each

year.

ARTICLE III

MEETING OF MEMBERS

Section 1. Annual Meeting. The Association shall hold at least one annual meeting at a date determined by the Board of Directors.

Section 2. Special Meetings. Special Meetings of the members may be called at any time by the President or the Board of Directors, or upon written request of one fourth of the members who are eligible to vote.

Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by delivering a copy of such notice at least 15 days before such meeting to each member eligible to vote thereat, to the member's address last appearing on the books of the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.

Section 4. Quorum. The presence at the meeting of eligible members and proxies entitled to cast one-half (1/2) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or this By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting. At any such adjourned meeting the presence of eligible members and proxies entitled to cast one-fourth (1/4) of the votes of the membership shall constitute a quorum. A simple majority of the votes cast in a meeting shall approve any action unless a higher proportion is required by the Articles of Incorporation, the Declaration, or this By­laws.

Section 5. Proxies. At all meetings of the members, each member may vote in person or by proxy. The designation of the proxy shall be in writing, signed and filed with the secretary prior to the meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.

Section 6. Amendments to, or Termination of, Actions by the Association. Any action, including statements of policies, rules, and regulations, approved at a general meeting of the members can only be amended or terminated at another general meeting of the members. However, an action of the members may include a specific provision authorizing the Board of Directors to amend or to terminate an action under certain conditions specified at the time the action

is authorized.

Section 7. Informal Action By Members: Any action required or permitted to be taken at a general meeting of the Members may be taken without a general meeting, if a consent in writing setting forth the action to be taken shall be signed by the larger of: (a) at least seventy-five percent (75%) of all the Members eligible to vote; or (b) whatever minimum proportion of the Membership is required by the Declarations or the Articles of Incorporation for specific actions as provided respectively therein, and provided notice is given to all Members at least fifteen (15) days prior to the start of the process of obtaining such consent informing them of the proposed action and procedure to be followed.

Section 8. Minutes of Meetings. Minutes of the meetings of the Association shall be prepared and distributed by the Secretary to all Members.

ARTICLE IV

OFFICERS AND BOARD OF DIRECTORS

ELECTION AND TERM OF OFFICE

Section 1. Enumeration of Officers. The officers of the Association shall consist of the President, Vice-President, Secretary and Treasurer who shall be members of the Board of Directors and such other officers as the Association may elect from time to time.

Section 2. Number. The affairs of the Association shall be managed by a Board of Directors consisting of no less than seven (7) nor more than nine (9) directors who are members of the Association eligible to vote including the above officers.

Section 3. Nomination. Nomination for election as officers and directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting called for holding elections.

Section 4. Election. The election of officers and directors shall be by secret written ballot at a general meeting called for holding elections. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled under the provisions of the Declarations. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

Section 5. Term of Office. The term of office shall be one year starting on the first day of the fiscal year following the election or until a successor is elected.

Section 6. Special Appointments. There shall be no specially appointed officer or director.

Section 7. Removal, Resignation, and Vacancies. Any officer or director may be removed from the Board with cause by a majority vote of the members of the Association. Any officer may resign at any time giving written notice to the Board, the President, or the Secretary. The acceptance of such resignation shall not be necessary to make it effective. If a vacancy occurs in the Board, other than in the office of the President, for any reason, the Board shall allocate and assign the various duties and responsibilities of the office vacated to the other officers and directors provided that the total number of officers and directors remains at least seven (7). A vacancy in the office of the President shall be filled by the Vice-President. If the total number of Board members falls below seven (7), a special election shall be held to fill all the vacancies on the Board. The members elected to fill such vacancies shall serve for the remainder of the term of the offices vacated.

Section 8. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any other offices.

Section 9. Compensation. No officer or director shall receive compensation for any service rendered to the Association. Any officer or director may be reimbursed for actual reasonable and authorized expenses incurred in the performance of his duties.

ARTICLE V

DUTIES OF THE OFFICERS

Section 1. President. The President shall:

a)  serve as the Chairman of the Board and preside at all meetings of the Board and of the Members;

b)  shall see that orders and resolutions of the Board are carried out;

c)  shall sign all leases, mortgages, deeds, and other written instruments and shall co-sign with the Treasurer all checks and promissory notes.

Section 2. Vice-President. The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.

Section 3. Secretary. The Secretary shall:

a)  record the votes and keep the minutes of all the Board and general meetings;

b)  keep the corporate seal of the Association and affix it on all papers requiring such seal;

c)  keep the Articles of Incorporation; Declaration and By-Laws of the Association;

d)  serve notice of meetings of the Board and of the members;

e)  keep appropriate current records showing the members of the Association together with their addresses;

f)  perform such other duties as required by the Board.

Section 4. Treasurer. The Treasurer shall:

a)  receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors;

b)  co-sign with the President all checks and promissory notes of the Association;

c)  keep proper books of account as well as supporting documents for all expenditures;

d)  prepare an annual budget for the forthcoming fiscal year, and then a statement of income and expenditures at the end of such fiscal year, to be approved by the Board and then presented to the membership at a general meeting or distributed ta the members;

e)  cause a budget status report to be submitted Quarterly to the Association;

f)  send, at least 15 days prior to the due date, written notice to all owners concerning the amounts and due dates of all assessments and ensure timely collection of such assessments; and

g)  report to the Board any delinquent owner

ARTICLE VI

MEETINGS OF THE BOARD OF DIRECTORS

Section 1. Regular Meetings. Regular Board meetings shall be held Quarterly at such place and hour as may be fixed from time to time by the President or by resolution of the Board.

Section 2. Special Meetings. Special meetings shall be held when called by the President or by any two directors, after not less than three (3) days notice to each Board member.

Section 3. Quorum. A majority of the Board members shall constitute a Quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

Section 4. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the Board.

Section 5. Minutes of Board Meetings. The minutes of the Board meetings,

including a description of any action taken without a meeting, shall be distributed to the members of the Association.

ARTICLE VII

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. Powers. The Board of Directors shall have power to:

a)  Adopt, establish, publish and enforce interim rules and regulations governing the use of the Common Area and facilities, architectural standards and other appropriate matters affecting the Wolf Trap Green neighborhood.   Such interim rules and regulations will be published and distributed to the membership and will remain in effect until the next general meeting at which time they expire unless ratified by the membership and incorporated in the regular rules and regulations as published and distributed from time to time.

b)  Suspend the voting rights and the rights of a member to use the Common Areas and recreational facilities during any period in which such member shall be in default in the payment of any assessment levied by the Association, and take any other action allowed by Virginia law including the Property Owners' Association Act.

c)  Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of this By-Laws, the Articles of Incorporation, or the Declaration.

d)  Employ an independent contractor, or such other persons as they deem necessary, and to prescribe their duties.

Section 2. Duties. The Board of Directors-shall:

a)  Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof at a general meeting of the members.

b)  Supervise all officers, agents and employees of the Association, and see that their duties are properly performed.

c)  As more fully provided in the Declaration and in Appendix 1:

1)  Fix the amount of the annual assessment based upon an annual budget, or any special assessments for capital improvements, against each lot at least thirty (30) days in advance of the due date.

2)  Ensure written notice of each assessment is given to each homeowner at least fifteen (15) days in advance of the due date.

3)  Foreclose the lien against any property for which assessments are not paid, under the procedures set forth under the Property Owners' Association Act, or pursue remedies at law as available.

d)  Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.

e)  Procure and maintain adequate liability and hazard insurance on property owned by the Association.

f)  Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate.

g)  Cause the common area to be maintained.

h)  Pay all bonafide bills of the Association.

i)  Cause the Association's annual financial statements to be audited by the Audit Committee or by other persons who are not members of the Board or their families.

j)  Insure compliance with the provisions of the Property Owners' Association Act, including the furnishing of the disclosure packet required by section 55-511 thereof to members upon payment of a fee, if any, established by the Board.

ARTICLES VIII

BOOKS AND RECORDS

Section 1. The books and records of the Association shall be available for examination and copying by a member of good standing, or his agent, in order to protect the member's interest. The examination or copying shall be during reasonable business hours or at a mutually convenient time and location upon five days notice. The following information may however be withheld: (1) personal records; (2)   an individual's medical records; (3) records relating to business transactions currently  under negotiations; (4) privileged communications with legal counsel; and (5) complaints against an individual member of the Association. A charge may be imposed, reflecting the actual costs of material and labor, prior to providing copies of any books or records to any member in good standing.

ARTICLE IX

COMMITTEES

Section 1. Standing Committees. The Association shall have the following standing committees:

a)  The Nominating Committee

b)  The Audit Committee

c)  The Zoning Committee

d)  The Architectural Control Committee

e)  The Common Area Committee

f)  The Neighborhood Watch Committee

The Board of Directors may establish such other committees from time to time as it deems desirable. The committees shall be composed of volunteers as well as members appointed by the Board. The Board shall use its best efforts to have a wide community representation in the committees. The chairman of each standing or other committee shall be appointed by the Board, or at its discretion, may be elected by the committee members. With the exception of the Audit Committee which shall have no officer, director or their immediate family members as a committee member, each standing and other committee may have at least one (1) director or officer as member but in no case shall members of the Board be a majority in the membership of any of the standing committee. The rules on membership if any, as well as the duties, operating rules and regulations of each committee shall be attached as appendices to this By-Laws upon approval as interim rules by the Board, or upon approval by the members, as provided under Article VII Section 1(a) hereof.

Section 2. Appeals of Committee Decisions. All members have the right to appeal committee decisions, Appeals shall be made in writing first to the committee concerned within thirty (30) days from the date of the committee letter containing the decision being appealed; and second to the Board of Directors within thirty (30) days of, the denial letter for the first appeal. The concerned committee and the Board of Directors shall issue its decision on the appeal within thirty (30) days after receipt of the appeal letter.

ARTICLE X

CORPORATE SEAL

The Association shall have a seal in circular form having within its circumference the words: WOLF TRAP GREEN HOMEOWNERS ASSOCIATION.

ARTICLE XI

AMENDMENTS, CONFLICT, INVALIDATION

Section 1. Amendments. These By-Laws may be amended at a general meeting of the members by a simple majority vote of the members or their proxies eligible to vote present at such meeting.

Section 2. Conflict. In case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control, and in the case of any conflict between the Declaration and these By-Laws the Declaration shall control.

Section 3. Invalidation. Any court order or judgement that invalidates one or more provisions of this By-Laws, or of the regulations and guidelines of the Association or its committees, shall in no way affect the validity and enforceability of the remaining provisions thereof.

ARTICLE XII

MISCELLANEOUS PROVISIONS

Transition Provisions.

a)  This By-Laws shall become effective upon approval by a simple majority of members or their proxies eligible to vote at a general meeting.

APPENDIX

ASSESSMENTS ANO PROCUREMENT

Section 1. Assessments. The owner of each lot is obligated to pay the Association annual assessments, and special assessments for capital improvements or any other purpose, as approved by the Board or the members in accordance with Article IV of the Declaration. The regular annual assessment shall be due and payable within sixty (60) days after the start of the Association's fiscal year on a date to be determined by the Board. Written notice concerning annual and special assessments shall be sent to the owner of each lot at least thirty (30) days before the due date. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eight percent (8%) per annum, or at the rate stipulated in the Declaration if different, and the Association may bring action at law against the owner personally obligated to pay the same or foreclose the lien against the property. Interest, costs and reasonable attorney's fees of any such-action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or abandonment of his Lot.

Section 2. Use of Assessments. Assessments shall be used only for the following purposes in accordance with the provisions of Article IV, section 2, of the Declaration.

1)  Maintenance and landscaping of the common areas.

2)  Preservation of zoning classifications and public use of land within Wolf Trap Green and within areas of influence around Wolf Trap Green.

3)  Taxes, if any.

4)  Reasonable administration costs including but not limited to postage, printing, bank services, registration and insurance.

5)  Establishing a reserve fund if approved by the membership.

6)  Other purposes approved by the Association.

Section 3. Procurement. All proposed purchases or contracts of the Association shall be reviewed and approved according to estimated value as

follows:

a)  Purchases up to $l00.00 - President and Treasurer.

b)  Purchases over $l00.00 but not more than $500.00 - President, Treasurer, and one other Board member.

c)  Purchases over $500.00 - The Board.

APPENDIX II

THE NOMINATING COMMITTEE

Section 1. Membership. The nominating committee shall be composed of at least (5) members.

Section 2. Duties. The nominating committee shall make as many nominations for election as it shall, in its discretion, determine are needed but not less than one per vacancy that is to be filled. To the extent feasible the committee will insure that all geographic areas of the community are represented in the nomination proposal avoiding a concentration of nominees from any one area. The final list of nominees shall be submitted to the Board at least twenty (20) days prior to the election.

Section 3. Operating Procedures and Rules.

a)  The committee shall issue a standard proxy form approved by the Board;

b)  (others to be prepared)

APPENDIX III

ARCHITECTURAL CONTROL COMMITTEE

Section 1. Membership. The Architectural Control Committee shall consist of not less than three (3) and not more than seven (7) members.

Section 2. Duties. The committee shall:

a)  Develop and propose, for approval by the Board and then by the membership, regulations and guidelines concerning external additions or modifications to any existing building or other structure, as well as the installation or erection of any new external structure or improvements within the properties;

b)  Have the right to review, and to approve or disapprove within thirty (30) days of receipt, any such proposed plans or specifications;

c)  Before making its decision to approve or disapprove, obtain the views of other members, such as but not limited to immediate neighbors, who may have an interest in, or may be affected by, such proposed addition, modification or new structure;

d)  Provide reasons for any disapproval to the member submitting the proposal;

e)  Keep a formal record of its deliberations and proceedings;

f)  Provide the Board with a copy of all decisions taken;

g)  Provide the Board with an annual written report, and the membership a verbal report during the annual meeting, indicating the requests received and their final disposition.

Section 3. Operating Procedures and Rules.

a)  Existing Non-Conforming Structures: Any existing structure on a Lot erected prior to the publication of, and which does not conform to, the regulations and guidelines as they are published or revised from time to time, may be continued as a non­conforming structure until the owner desires, or gives permission to the Association, to remove, improve, replace or make modifications thereto. At that time, the improvements, replacements, or modifications must conform to the regulations and guidelines that are in effect.

b)  (others to be added)

APPENDIX IV

COMMON AREA COMMITTEE

Section 1. Membership. The common area committee shall consist of not less than five (5) members.

Section 2. Duties. The committee shall have the responsibility for the maintenance, landscaping, improvement, preservation and use of the common area consistent with the provisions of the Declaration and the objectives of the Association as stated in the Articles of Incorporation. The committee shall:

a)  Develop and propose, for approval by the Board and then by the membership, regulations and guidelines concerning the use of the common area or any portion thereof;

b)  Develop, or update annually or as necessary, and propose for approval by the Board and then the membership, a common area long- term landscaping and improvement plan including related annual implementation and maintenance programs and cost estimates which would be included in the budget.

Section 3. Operating Rules and Procedures.

a)  (to be determined)

APPENDIX V

NEIGHBORHOOD WATCH COMMITTEE

Section 1. Membership. The Neighborhood Watch committee shall consist of no less than three (3) members.

Section 2. Duties. The committee shall:

a)  Coordinate, prepare and disseminate Neighborhood Watch duty roster.

b)  Serve as primary point of contact with Fairfax County police and other agencies on Neighborhood Watch matters.

c)  Disseminate Neighborhood Watch information as required.

Section 3. Operating Procedures and Rules.

a)  (to be prepared).

RESTRICTIVE COVENANTS

RESTRICTIVE COVENANTS (1977)

1. LAND USE & BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected. altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed 2 stories in height and private garage for not more than 2 cars.

2. ARCHITECTURAL CONTROL: No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the ARB as to quality of workmanship and materials, harmony of external design with existing structures and as to the location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street line than the minimum building set back lines unless similarly approved.

3. DWELLING, COST, QUALITY & SIZE: (note Covenants were written in 1997 and costs must be adjusted accordingly) No dwelling shall be permitted on any lot at a cost of less than $35,000 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of this covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded, recognizing the minimum cost started herein. The ground floor area of the main structure exclusive of 1 story open porches and garages shall be not less that 1100 square feet for a one story dwelling, nor less than 1400 square feet for a dwelling of more than one story. 

4. BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building set back lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 30 feet to any side street line. No building shall be located nearer than 12 feet to an interior side line and the two side yards shall be not less than 40 feet. No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line. The right to waive violation of a building restriction line or building set back lines which are a part of these restrictive covenants, or appear on a plat of this subdivision, shall be exclusively retained by the architectural control committee which, by exclusively retained by the architectural control committee which, by a duly recorded instrument executed by the committee may approve the location any building which may be in violation of said building restriction line appearing on the plat of said subdivision and/or building set back lines which are a part of these restrictive covenants. This shall in no ways invalidate any of the restrictive covenants set forth herein.

5. LOT AREA AND WIDTH: No dwelling shall be permitted or placed on any lot having a width of less than 70 feet at the building set back lines or shall any dwelling be erected or placed on any lot having an area of less than 20,000 square feet. This building set back shall not apply to pipe stem lots.

6. EASEMENTS: Easements for installation and maintenance of utilities and drainage facilities are reserved on the recorded plat and over the side and rear 5 feet of each lot.

7. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which shall be or may become an annoyance or nuisance to the neighborhood.

8. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

9. MEMBERSHIP: The architectural control committee (otherwise known as the Architectural Review Board – ARB) is composed of the President, Vice President and Secretary/Treasurer of the Community Association. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At such time as houses have been constructed on all of the lots in this subdivision, the architectural control committee (ARB) shall cease and determine and become of no force and effect. It shall then become the duty and responsibility of a majority of the then owners of the lots in the subdivision of Wolf Trap Green, to appoint, if they so desire, a new architectural control committee who shall be charged with the obligation and responsibility contained in these restrictive covenants.

10. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than 5 square feet, advertising the property for sale or rent. Signs used by a builder to advertise the property during the construction and sales period thereof may be of any size approved by the County ordinances.

11. ANIMALS: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided thatthey arenot kept, bred or maintained for commercial purposes.

12. SANITARY CONDITIONS: No lot shall be used or maintained as a dumping ground for rubbish, garbage, or other waste (including construction waste), and the same shall be kept in sanitary containers at all times. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition.

13. DRAINAGE EASEMENTS: Drainage easements as shown on the aforementioned plat of the subdivision are served by the Developer.

14. WEEDS AND UNDERGROWTH: The Developer reserves the right to cut weeks and undergrowth from the sites until occupied by the owners but shall be under no obligation to do so.

15. FENCES: No fence shall be erected around the front lines of any lot or the front yard of any dwelling in this subdivision. Back yards may be fenced only along the lot lines and running down the side lot lines only to the front of the dwelling, said fences to be approved by Developer. (change to ARB?)

16. PROCEDURE: The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee, or designated representative fails to approve or disapprove within 30 days after plans and specifications have been submitted to it or in the event if no suit to enjoin the construction have been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

17. TERM: These covenants are run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the date these covenants are recorded, after which time said covenants are to be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

18. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.

19. SEVERABILITY: Invalidation of any one of these covenants by judgement or court order shall in no ways affect any of the other provisions which shall remain in full force and effect.

20. MODIFICATION: It is hereby covenanted and agreed by the parties to this instrument that the conditions, limitations and restrictions herein above set forth shall, by reference be incorporated in all deeds of conveyance and shall be and become covenants running with the land except as they become inconsistent with or are hereafter modified by civil authority having jurisdiction over the land being hereby subdivided.