4.1  Common Area:  The Association, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Area and all improvements thereon (including, without limitation, furnishings, equipment, and other personal property of the Association used in connection with the Common Area), and shall keep the Common Area in good, clean, attractive, and sanitary condition, order, and repair, pursuant to this Declaration and the Bylaws and consistent with the Community-Wide Standard.  The Board is specifically authorized, but not obligated, to retain or employ professional management to assist in carrying out the Association’s responsibilities under this Declaration (“Managing Agent”).

4.2  Personal Property and Real Property for Common Use.  The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property.

4.3  Rulemaking and Enforcement.  

(a)  Rulemaking.  The Association, through the Board, may make, modify, amend, cancel, limit, create exceptions to and enforce reasonable rules governing the use of the Properties, consistent with the rights and duties established by the Governing Documents, including, without limitation, rules limiting the use of the Common Area by visitors, including visiting children.  .  Such rules shall be binding upon all Owners, Residents, guests, invitees, and licensees, if any, until and unless overruled, canceled, or modified in a regular or special meeting of the Association by the vote of a majority of the total vote in the Association.

(b)  Enforcement.  Subject to the limitations and requirements of Virginia Code Ann. Section 55-513B, the Board or the covenants committee established pursuant to the Bylaws, may impose sanctions for violations of the Governing Documents, after notice and a hearing in accordance with the procedures set forth in the Bylaws.  The Board shall establish a range of penalties for violations of the Governing Documents, with violations of the Declaration, unsafe conduct, and harassment or intentionally malicious conduct treated more severely than other violations.  Such sanctions may include, without limitation:

(i)  imposing a graduated range of reasonable monetary fines which, until paid, shall constitute a lien upon the violator’s Dwelling Unit.  In the event that any Resident, guest or invitee of a Dwelling Unit violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; provided, however, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board;

(ii)  suspending an Owner’s right to vote;

(iii)  suspending any Person’s right to use any recreational facilities within the Common Area; provided, however, nothing herein shall authorize the Board to limit ingress or egress to or from a Dwelling Unit;

(iv)  suspending any services provided by the Association to an Owner or the Owner’s Dwelling Unit if the Owner is delinquent in paying any assessment or other Charge owed to the Association; and

(v)  levying Benefitted Assessments to cover costs incurred in bringing a Dwelling Unit into compliance in accordance with Section 7.6(b).

In addition, the Board may elect to enforce any provision of the Governing Documents by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations in accordance with any applicable ordinance or requiring immediate abatement of violating activity) or by suit at law or in equity to enjoin any violation or to recover monetary damages, or both, without the necessity of compliance with the procedures set forth in the Bylaws.

All remedies set forth in the Governing Documents are to be cumulative of any remedies available at law or in equity.  In any action to enforce the provisions of the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in such action.

The decision to pursue enforcement action in any particular case shall be left to the Board’s discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action.  Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case:

(i)  the Association’s position is not strong enough to justify taking any or further action;

(ii)  the covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable law;

(iii)  although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association’s resources; or

(iv)  that it is not in the Association’s best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.

Such a decision shall not be construed a waiver of the Association’s right to enforce such provision at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule.

The Association, by contract or other agreement, may enforce applicable state and local laws and ordinances and governmental bodies may enforce their respective laws and ordinances within the Properties for the benefit of the Association and its Members.

4.4  Implied Rights; Board Authority:  The Association may exercise any right or privilege given to it expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or privilege.  Except as otherwise specifically provided in the Governing Documents, all rights and powers of the Association may be exercised by the Board without a vote of the membership.

4.5  Dedication of Common Area:  The Association may dedicate portions of the Common Area to Stafford County , Virginia , or to any other local, state, or federal governmental or quasi-governmental entity.

4.6  Security:  It is the goal of all Owners to have a safe and healthy environment.  However, no written or oral representations regarding the safe and secure nature of Falls Run shall be construed in whole or in part as guarantees thereof it being recognized that circumstances which are beyond the control of the Association or the Managing Agent may arise.  The Association may maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be; provided, however, that the Association shall not be obligated to maintain or support such activities.

The Association, the Managing Agent, shall not in any way be considered insurers or guarantors of security within the Properties.  None of the foregoing shall be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken.  No representation or warranty is made that any fire protection system, traffic controlled  access and exits, patrol, burglar alarm system or other security system or measures, including any mechanism or system for limiting access to the Properties, cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended.

Each Owner acknowledges, understands and covenants to inform all Residents, tenants, guests, and invitees of the Owner’s Dwelling Units that the Association, its Board of Directors and committees,  and the Managing Agent are not insurers or guarantors of security within the Properties.  Each Owner and all Residents, tenants, guests, and invitees of the Owner’s Dwelling Unit assume all risks for loss or damage to persons, to Dwelling Units, and to the contents of Dwelling Units and further acknowledge that the Association, its Board and committees, and the Managing Agent have made no representations or warranties, nor has any Owner, or any Resident, tenant, guest, or invitee of any Dwelling Unit relied upon any representations or warranties, expressed or implied, relative to any entry gate, patrolling of the Properties, any fire protection system, burglar alarm system, or other security systems recommended or installed or any security measures undertaken within the Properties.

4.7  Assumption of Risk:    The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to promote the health, safety and welfare of the Owners and Residents.  Notwithstanding anything contained in the Governing Documents or any other document binding the Association, and to the fullest extent permitted by law, none of the Association, the Board, the managing agent, shall be liable or responsible for, or in any manner a guarantor or insurer of, the health, safety or welfare of any Owner or Resident of any Dwelling Unit or any tenant, guest or invitee of any Owner or Resident or for any property of any such Persons.  Each Owner and Resident of a Dwelling Unit and each tenant, guest and invitee of any Owner or Resident shall assume all risks associated with the use and enjoyment of the Properties, including all recreational facilities and assumes full responsibility for choosing to participate and applying any information or instruction Owner receives in relation to the activities they have chosen to participate in.

The Association, the Board, and the Managing Agent, shall not be liable or responsible for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines or utility sub-stations adjacent to, near, over, or on the Properties.  Each Owner and Resident of a Dwelling Unit and each tenant, guest, and invitee of any Owner or Resident shall assume all risk of personal injury, illness, or other loss or damage arising from the presence of utility lines or utility sub-stations and further acknowledges that the Association, the Board, the managing agent, have made no representations or warranties, nor has any Owner or Resident, or any tenant, guest, or invitee of any Owner or Resident relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility substations.

No provision of the Governing Documents shall be interpreted as creating a duty of the Association, the Board, and the Managing Agent, to protect or further the health, safety or welfare of any individuals, even if the funds of the Association are used for any such purpose.

Each Owner (by virtue of his or her acceptance of title to his or her Dwelling Unit) and each other Person having an interest in or lien upon, or making any use of, any portion of the Properties (by virtue of accepting such interest or lien or making such use) shall be bound by this Section and shall, to the fullest extent permitted by law, be deemed to have waived any and all rights, claims, demands and causes of action against the Association, the managing agent, , their directors, officers, committee members, employees, agents, contractors, subcontractors, successors and assigns arising from or connected with any matter for which the liability has been disclaimed.

4.8  Change of Use of Common Area:  Pursuant to action of the Members taken at a duly called meeting of the Members, the Board shall have the power and right to change the use of portions of the Common Area..  Any such change shall be pursuant to Board resolution stating that: (a) the present use or service is no longer in the best interest of the Owners, (b) the new use is for the benefit of the Owners, (c) the new use is consistent with any deed restrictions and zoning regulations restricting or limiting the use of the Common Area.

Notwithstanding the above, if the Board adopts a resolution which states that the change in use will not have a material adverse effect on the Association and the Owners, the Board may give notice of the change to all Owners.  The notice shall give the Owners a right to object within thirty (30) days of the notice.  If less than ten percent (10%) of the Members who will be affected by the change submit written objections, the change shall be deemed approved, and a meeting shall not be necessary.

4.9  View Impairment:  The Association does not guarantee or represent that any view from any Dwelling Unit will be preserved without impairment.  The Association shall not have the obligation to relocate, prune, or thin trees or other landscaping except as set forth in Article V.    Any express or implied easements for view purposes or for the passage of light and air are hereby expressly disclaimed.

4.10  Relationship with Tax-Exempt Organizations:  The Association may create, enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over the Common Area to non-profit, tax-exempt organizations for the benefit of the Properties, the Association, its Members and Residents.  The Association may contribute money, real or personal property or services to any such entity.  Any such contribution shall be a Common Expense of the Association and included as a line item in the Association’s annual budget.  

For the purposes of this Section, a “tax-exempt organization” shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code (“Code”), such as but not limited to entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time.

4.11  Recycling Programs:  The Board may establish a recycling program and recycling center within the Properties, and in such event all Residents shall support such program by recycling, to the extent reasonably practical, all materials which the Association’s recycling program or center is designed to accommodate.  The Association may, but shall have no obligation to, purchase recyclable materials in order to encourage participation, and any income received by the Association as a result of such recycling efforts shall be                         used to reduce Common Expenses.

4.12  Wildlife Control:  The Association reserves the right to undertake such measures as may be appropriate to control wildlife within the Properties including, but not limited to, the taking of deer and large birds so long as such measures are consistent with all applicable legal requirements.  Without limiting the foregoing, the Association may, in their discretion, establish regular control programs such as, for example, the use of dogs to prevent non-migratory geese and other species from nesting within and/or causing damage to the Properties or otherwise becoming a nuisance.