Condominium Declaration

This is the full text of our recorded Condominium Declaration that established Takoma Village as a condominium. The Condominium Declaration is the document filed by the developer to create the condominium. It describes the property, defines limited and common elements, specifies what an owner owns, how the condo fees will be calculated, and the percentage of ownership assigned to each unit. The Declaration is unchangeable unless the condominium is dissolved and reformed.

Please note that subjects are often discussed in more than one section, and that they may also be discussed in the Bylaws, which was written after the Declaration. (Corrected for typographical errors in 2002)

CONDOMINIUM DECLARATION
The Takoma Village Cohousing Condominium

6827 Fourth Street, NW, Washington, DC 2001

Index to the Declaration

1. Submission of Property
2. Name and Address of Condominium
3. Definitions
4. Building
5. Description and Dimensions of Units
6. Common Elements
7. Ownership and Use of the Common Elements
8. Easements
9. Use of Units and Compliance with Condominium Instruments
10. Alterations
11. Relocation of Mutual Boundaries
12. Amendment
13. Priority of First Mortgages
14. Changes by Declarant
15. Liability for Assessments
16. Rights and Powers of Successors or Assignees
17. Captions
18. Gender Number
19. Exhibits
20. Invalidity and Severability

Witness
Exhibit A: Legal Description of the Land
Exhibit B: Percentage Interest of Units
CONDOMINIUM DECLARATION
The Takoma Village Cohousing Condominium
6827 Fourth Street, NW, Washington, DC 20012

1. THIS DECLARATION is made this thirteenth (13) day of October, 2000, pursuant to the provisions of the Condominium Act (as defined in Section 3 below) by Eco Housing Corporation, a Maryland corporation (“Declarant”). WITNESSETH

WHEREAS, the Declarant is the owner in fee simple of certain land and premises located in the District of Columbia, described with particularity in Exhibit A to this Declaration, and commonly known as the site bounded by Blair, Butternut and Fourth Streets, NW, Washington, D.C. (“Property”); and WHEREAS, contemporaneously with the recordation of this Declaration, the Declarant has recorded in the Office of the Surveyor for the District of Columbia a certain plat of survey and condominium plans, showing, inter alia, the location and dimensions of the land described on Exhibit A and the location and dimensions of the improvements thereupon constructed or contemplated to be constructed, together with other information required by the Condominium Act, which plat of survey and condominium plans are together referred to as the “Condominium Plat” or the “Plat and Plans”; the Condominium Plat consists of seven (7) pages and is recorded in Condominium Book 44 at page 34, et seq. NOW THEREFORE, the Declarant hereby declares that the Property, together with all improvements heretofore or hereafter constructed thereon, and all appurtenances thereto, shall be held, conveyed, divided or subdivided, leased, rented and occupied, improved, hypothecated and encumbered subject to the covenants, restrictions, uses, limitations, obligations, easements, equitable servitudes, charges and liens, as set forth hereinafter.1. Submission of Property. The Declarant hereby submits the Property to the provisions of the Condominium Act to create a plan of condominium ownership of the Property.

2. Name and Address of Condominium
The name of the Condominium is Takoma Village Cohousing. The location of the Condominium is the site bounded by Blair, Butternut and Fourth Streets, NW, Washington, DC.

3. Definitions
The following terms used in this Declaration and in the other documents constituting the Condominium Instruments are intended to be consonant with the meanings ascribed to them by the Condominium Act and are defined as follows:

“Association” or“Unit Owners Association” or “Takoma Village Cohousing Homeowners Association” or “TVCHA” or “TVC” means an association of the Unit Owners acting as a group in accordance with the Bylaws.

“Board of Directors” means the executive and administrative entity established by the Bylaws to act for the Association in governing the Condominium.

“Building” means the buildings designed for residential use, as shown on the Condominium Plat, and containing Units which comprise part of the Condominium.

“Bylaws” means the set of bylaws recorded simultaneously with this Declaration, providing for the self-government of the Condominium by the Association in accordance with Section 301 of the Condominium Act, and such amendments thereto as may be recorded from time to time pursuant to the provisions of the Condominium Act.

“Common Elements” means all portions of the Property other than the Units, as more fully set forth in Section 6.

“Common Expenses” means all lawful expenditures made or incurred by or on behalf of the Association, together with all lawful assessments for the creation and maintenance of reserves made pursuant to the provisions of the Condominium Instruments.

“Community Rules” means those rules and regulations adopted from time to time by the Board of Directors that are deemed necessary for the enjoyment of the Condominium, provided they are not in conflict with the Condominium Act or the Condominium Instruments.

“Condominium” means the Property (and any incident thereto or interest therein) which is being submitted to the provisions of the Condominium Act by the recording of this Declaration and the other Condominium Instruments.

“Condominium Act” or“Act” means the District of Columbia Condominium Act of 1976, as amended by the Condominium Act of 1976 Reform Amendment Act of 1990 and the Condominium Act of 1976 Technical and Clarifying Amendment Act of 1992 and as may be amended further from time to time.

“Condominium Instruments” means this Declaration, the Bylaws, the Condominium Plat and the Condominium Plans, and any and all exhibits, schedules or certificates thereto, and all amendments thereto which are recorded pursuant to the provisions of the Condominium Act.

“Condominium Plat” means one or more plats of survey of the Condominium, and any amendments thereof, made and recorded in accordance with Section 214(a) of the Condominium Act.

“Condominium Plans” means the plans of the Building showing each Unit, and any amendments thereof, made and recorded in accordance with Section 214(b) of the Condominium Act.

“Condominium Unit” means a Unit together with the Percentage Interest in the Common Elements appertaining to that Unit.

“Declarant” means the party named in the opening paragraph on page one as the Declarant or any lawful successor to the Declarant.

“Declaration” means this instrument and such amendments thereof as may be recorded from time to time.

“First Mortgagee” means the holder of any first mortgage or the beneficiary under the first deed of trust encumbering a Unit. The term “mortgage” is deemed to include the term “deed of trust.” The term “First Mortgagee” includes any holder of a construction mortgage or a mortgage(s) on unsold condominium unit(s) as long as the deed of trust has not been fully released.

“Identifying Number” means one or more letters or numbers, or both, that identifies only one Unit in the Condominium.

“Land” means the real property described in Exhibit A to this Declaration, exclusive of the Building, and all easements and rights appurtenant thereto.

“Limited Common Elements” means a portion of the Common Elements reserved for the exclusive use of those entitled to the use of one or more, but fewer than all, of the Units.

“Membership” means Members and Associate Members, as defined in section 4.1 of the Bylaws.

“Par Value” means the number of points assigned to each Unit, as set forth in Exhibit B to this Declaration.

“Percentage Interest” means the undivided interest (stated as a percentage) of each Unit in the Common Elements, as set forth in Exhibit B to this Declaration.

“Person” means a natural person, corporation, partnership, association, trust or other entity capable of holding title to real property, or any combination of any of the foregoing.

“Record” or any form of the verb “to record” means recordation in substantial accordance with the provisions of those laws codified in Title 45 of the District of Columbia or in substantial accordance with the requirements of the Office of the Surveyor of the District of Columbia.

“Rules and Regulations,” and/or“Community Rules,” means those rules and regulations adopted from time to time by the Board of Directors that are deemed necessary for the enjoyment of the Condominium, provided they are not in conflict with the Condominium Act or the Condominium instruments.

“Unit” means a portion of the Condominium designed and intended for individual ownership and is described in Section 5 of this Declaration and consists of any one identified by an Identifying Number and separately shown on the Condominium Plans.

“Unit Owner” means one or more persons who own a Condominium Unit in fee simple, including, in a proper case, the Association.

4. Building. The location and dimensions of the Building and 43 parking spaces on the Land are shown on the Condominium Plat.

5. Description and Dimensions of Units

5.1 Identifying Number, Par Value, and Percentage Interest. The Identifying Number, Par Value, and Percentage Interest of each Unit are set forth in Exhibit B to this Declaration. The dimensions and the vertical boundaries of each Unit, together with its Identifying Number and relative location are set forth in the Condominium Plans.

5.2 Upper and Lower Boundaries. The lower boundary of any Unit in the Condominium is a horizontal plane, the elevation of which coincides with the elevation of the upper surface of the unfinished subfloor thereof, extended to intersect the lateral or perimetric boundaries thereof. The upper boundary of any Unit in the Condominium is a horizontal plane, the elevation of which coincides with the lower surface of the unfinished ceiling thereof, to include the layer of ceiling material within the Condominium Unit, extended to intersect the lateral or perimetric boundaries thereof.

5.3 Lateral or Perimetric Boundaries. The lateral or perimetric boundaries of a Unit are vertical planes which coincide with the unfinished surfaces of the perimeter walls and the walls dividing the Units, including the inside surfaces of all windows, doors, and vents, extended to intersect the upper and lower boundaries of the Unit and to intersect the other lateral or perimetric boundaries thereof.

5.4 Additional Items Included in Units. Each Unit contains:

(a) all nonstructural interior partition walls (except those portions which contain, comprise, or support part of the Common Elements) located within the boundaries of the Unit;

(b) the decorated surfaces of all boundary walls, ceilings and floors, including any wallpaper, paint, lath, wallboard, plastering, carpeting, floor and wall tiles and other floor coverings and all other finishing materials; and

(c) all doors and windows and all immediately visible fixtures, appliances, mechanical, electrical and intercom systems and equipment, water and sewage pipes located within the boundaries of the Unit which serve that Unit, heating and air-conditioning units installed for the sole and exclusive use of the Unit, commencing at the point of disconnection from the structural body of the Building or from utility lines, pipes or systems serving any Unit.

5.5 Items Excluded from a Unit. A Unit shall be deemed not to include: pipes (except water and gas and sewage pipes located within the boundaries of a Unit and serving only that Unit), wires, conduits and other public utility lines, ventilation or other ducts, bearing walls and structural portions of the Building running through a Unit which are utilized for or serve more than one Unit, and all other property and fixtures of any kind which are not removable without jeopardizing the soundness, safety or usefulness of the remainder of the Condominium.

6. The Common Elements

6.1 General Common Elements. The General Common Elements of the Condominium include the following, except to the extent that any portion is designated as a Limited Common Element below:

(a) All of the land upon which the Condominium is situated, and all of the land adjacent thereto within the perimeters of the Property, including all trees, shrubbery, gardens, playgrounds, paved areas, storage sheds, and the like but excluding balconies, porches, space in any or all of the five unattached basements that has been purchased and is attached to a unit as a limited common element for the exclusive use of that unit, patios or backyards purchased with the units. The parking lot shall contain a minimum of forty-three (43) general common element parking spaces, with one (1) parking space assigned to each unit by the Takoma Village Cohousing Homeowners Association pursuant to the Association’s Community Rules.

(b) The foundations, beams, supports, girders, columns, bearing walls, non-bearing and bearing perimeter walls of the Building; all walls and partitions of the Building separating Units from corridors, stairs, and other mechanical spaces, excepting the finished portions of such walls as are within the interior of any Unit; all floors and ceilings excepting the finished flooring which is within a Unit and the finished ceiling which is within a Unit.

(c) The roof and attic.

(d) All of the walkways, communication ways, steps, and the like which are incident thereto and/or which provide access to the Units.

(e) The compartments or installation of central services, such as water service, electrical power, intercom system, water tanks, reservoir pumps, and the like, including, but not limited to, all pipes, ducts, flues, chutes, conduits, cables, wires, telephone and data lines, coaxial cable, CATV-E data lines, tubes and other utility lines which service one or more Condominium Units.

(f) All other elements of the Condominium rationally of common use or necessary to its existence, upkeep, and safety; and

(g) All of that part of the Condominium which is not part of any of the Condominium Units and which is not a Limited Common Element as defined in Section 6.2 below.

6.2 Limited Common Elements. The Limited Common Elements of the Condominium include the following, except to the extent that any portion is designated as a General Common Element above:

(a) The three basements located beneath the southern section of the property as indicated on the plat, accessed via an outdoors staircase and below ground hallway. The upper, lower, and lateral or perimetric boundaries of the basement is defined as for units above. The two basements located beneath the northern section of the property as indicated on the plat, accessed via an outdoor staircase and below ground hallway. The upper, lower, and lateral or perimetric boundaries of the basement is defined as for units above.

(b) The balconies, porches, patios, and backyards.

(c) The corridors that lead to unit entrances above the piazza.

(d) The exterior stairways that lead to unit entrances, including the storage spaces under these staircases.

6.3 Common Elements Located Inside of Unit Boundaries. Each Unit Owner shall have an easement in common with all other Unit Owners to use all pipes, wires, ducts, flues, cables, conduits, public utility lines, telephone and data lines, coaxial cable, CATV-E data lines, and other Common Elements located in any of the other Units and serving his Unit. Each Unit shall be subject to an easement in favor of the Unit Owners of all other Units to use the pipes, ducts, cables, wires, conduits, public utility lines, telephone and data lines, coaxial cable, CATV-E data lines, and other Common Elements serving such other Units and located in the subject Unit. The Board of Directors and its designees shall have a right of access to each Unit to inspect the same, to remove violations therefrom and to maintain, repair or replace the Common Elements contained therein or elsewhere in the Building.

7. Ownership and Use of the Common Elements.

7.1 Allocation of Percentage Interests. Each Unit is allocated an undivided Percentage Interest in the Common Elements. The Percentage Interest in the Common Elements shall not be separated from the Unit and shall be deemed to be conveyed or encumbered with the Unit even though such undivided interest is not expressly mentioned or described in the document of conveyance or encumbrance. The Percentage Interest allocated to each Unit is set forth in Exhibit B to this Declaration.

7.2 Use of Common Elements. The use of the Common Elements shall be limited to the Unit Owners in residence, to their tenants in residence and to their guests, invitees and licensees and shall be governed by the Condominium Instruments and the Community Rules.

7.3 No Revocation, Abandonment or Partition. The Common Elements shall remain undivided and shall not be abandoned by act or omission, and no Unit Owner or other person may bring any action for partition or division of the Common Elements unless the condominium regime is terminated pursuant to the procedures set forth in the Condominium Act.

7.4 Suspension and Limitation of Use. The Board of Directors may suspend or limit the right of any Unit Owner or other person to use any part of the Common Elements upon failure of such Unit Owner or other person to observe the provisions of the Condominium Instruments and the Community Rules governing the use of the Common Elements.

8. Easements.

8.1 Easements for Encroachments. To the extent that any Unit or Common Element encroaches on any other Unit or Common Element, whether by reason of any deviation from the Condominium Plat and Condominium Plans in the construction, repair, renovation, restoration or replacement of any improvement, or by reason of the settling or shifting of any land or improvement, a valid easement shall exist for the encroachment and for the maintenance of the same, so long as the encroaching Unit or Common Elements stand. A valid easement shall not relieve a Unit Owner of liability for his or his agent’s negligence or intentional acts in creating, causing, or permitting to be caused such an encroachment.

8.2 Easement of Support. Each Unit and the Common Elements shall have an easement of lateral and subjacent support from every other Unit and the Common Elements.

8.3 Easement for Installation of Future Services. A valid easement is granted to the Unit Owners Association, acting through its Board of Directors pursuant to the Bylaws, for the future installation of such central services as cable television, computer terminal hookups, telephone and data lines, coaxial cable, CATV-E data lines, additional central security devices, or any other similar central services, over, under, around, or through any of the Common Elements or Units.

8.4 Easement for Emergency Access or Egress. A valid easement is granted to each Unit Owner and Unit Owners Association across or through any Unit or Limited Common Element for the purpose of emergency access or egress.

9. Use of Units and Compliance with Condominium Instruments.

A unit shall be used only as a private residence except for such other uses as are specified in the Takoma Village Cohousing Homeowners Association Community Rules and are consistent with the generally residential character of the community. No absentee owners, who own solely for investment purposes, are permitted without prior express, written approval by the Association’s Board.

This provision shall not be construed to prevent Unit Owners from declaring a portion of their home as an office for income tax purposes, nor to prevent them from operating a strictly clerical service from their home, such as writing or research. This provision shall not be construed to prevent the Declarant from using any Unit for a model, sales office, or display purposes, or to prohibit the leasing of Units owned by the Declarant; and the Declarant, in adopting the Condominium Instruments, specifically reserves an easement and express right and power to so utilize these Units.

No activity shall be conducted or maintained in any Unit or upon any of the Common Elements which is not in conformity with the zoning regulations of the District of Columbia.

All present and future Unit Owners, tenants and occupants of Units and any person who uses any part of the Condominium in any manner, are subject to, and shall comply with, the provisions of the Condominium Instruments and the Community Rules. The acquisition, rental or occupancy of a Unit or the use of any part of the Condominium by any person shall constitute his agreement to be subject to and bound by the provisions of the Condominium Instruments and the Community Rules, and such provisions shall be deemed to be enforceable equitable servitudes and covenants running with the land and shall bind any person having at any time any interest or estate in such Unit, as though such provisions were recited and stipulated in full in each and every deed of conveyance or lease thereof.

There is hereby created and declared to be, and there shall continue to be a conclusive presumption that any violation or breach or any attempted violation or breach of the provisions of the Condominium Instruments or the Community Rules cannot be adequately remedied by an action at law for the recovery of damages.

Neither this provision, nor any other provision contained in the Condominium Instruments, shall be construed to prevent the Declarant from using any Unit for a model, sales office, or display purposes or to prohibit the leasing of Units owned by the Declarant; and the Declarant, in adopting the Condominium Instruments, specifically reserves an easement and express right and power to so utilize these units.

10. Alterations.A Unit Owner shall not make any structural addition, structural improvements or structural alterations within his Unit or do anything which would change the exterior appearance of his Unit or any other portion of the Condominium except as permitted by the Bylaws.

11. Relocation of Mutual Boundaries. The Unit Owners of adjoining Units may relocate the mutual boundaries between such Units or may subdivide or combine any Units in the Condominium but only in accordance with and subject to the provisions of the D.C. Zoning or Housing Regulations, the Condominium Act and the Condominium Instruments, and as amended the Takoma Village Cohousing Homeowners Association Community Rules from time to time.

12. Amendment.

12.1 Amendments by Declarant. The Declarant reserves the right to amend the Condominium Instruments as long as there is no Unit Owner other than the Declarant.

12.2 Amendments by Unit Owners. At such time as there is a Unit Owner other than the Declarant, this Declaration may be amended by the Takoma Village Cohousing Homeowners Association in accordance with its decision-making process, but requiring not less than the agreement of Unit Owners of Units to which at least ninety percent (90%) of the votes in the Association appertain, provided, however, that any such amendment which under Section 15.7 of the Bylaws shall require prior written approval by First Mortgagees shall not be effective unless and until the required percentage of First Mortgagees have so approved the amendment. No such amendment shall become effective until it is recorded.

At such time as there is a Unit Owner other than the Declarant, no amendment to the Condominium Instruments shall change the Percentage Interests, the liability for Common Expenses, the rights to Common Profits, the votes in the Association appertaining to any Unit, the rights of the declarant, or the rights to Limited Common Elements appurtenant to a Unit except to the extent expressly permitted or expressly required by the Condominium Act or this Declaration.

After twenty (20) years have elapsed from the recordation of this Declaration, the Declaration may be amended by the Takoma Village Cohousing Homeowners Association in accordance with its decision-making process, but requiring not less than the agreement of 75% of the votes in the Association.

13. Priority of First Mortgagees. No provision of this Declaration, the Bylaws or the Community Rules shall be construed to grant to any Unit Owner, or to any other party, any priority over any rights of First Mortgagees of the Condominium Units pursuant to their first mortgages in the case of the distribution to Unit Owners of the insurance proceeds or condemnation awards for losses to or a taking of Units or the Common Elements or any portions thereof.

14. Changes by Declarant. Nothing contained in this Declaration shall be deemed to impose upon the Declarant or its successors or assigns any obligation of any nature to build, construct or provide any additions to the Condominium hereby created.

15. Liability for Assessments. A Unit Owner shall be personally liable for all lawful assessments, or installments thereof, levied against his Condominium Unit which become due while he is the owner of a Unit; and this liability of the Unit Owner is in addition to the Association’s statutory lien on the Condominium Unit for such assessments. No Unit Owner may exempt himself or his Unit from liability with respect to the Common Elements by abandonment of his Unit or otherwise.

Assessments will be determined based upon a formula as follows:

One half of the total assessment shall be assessed equally among the forty-three (43) units.

One half of the total assessment shall be assessed according to the square footage of each unit.

For assessment purposes, the square footage of unit basements shall be calculated by using the normal value used by assessors for this type of basement, not to exceed one-fifth (1/5)of the square footage assessment on the non-basement portion of units.

16. Rights and Powers of Successors or Assignees. The rights and powers reserved to or exercisable by the Declarant under the Condominium Instruments or Condominium Act may be exercised by any successor or assignee of the Declarant

(a) who acquires title from Declarant by foreclosure or other judicial sale or deed in lieu of foreclosure or

(b) to whom the Declarant specifically assigns such rights and powers.

17. Captions. The captions (paragraph headings) are used solely as a matter of convenience and shall not define, limit or expand any term or provision of this Declaration.

18. Gender, Number. Whenever the context so permits, the use of the plural shall include the singular, the singular shall include the plural, and any gender shall be deemed to include all genders.

19. Exhibits. Exhibits A and B attached to this Declaration are an integral part of this Declaration.

20. Invalidity and Severability. It is the intention of the Declarant that the provisions of the Declaration are severable so that if any provision is invalid or void under any applicable Federal or local law or ordinance, decree, order, judgment, or otherwise, the remainder shall be unaffected thereby.

IN WITNESS WHEREOF, the Declarant, Eco Housing Corporation, a Maryland corporation, has caused this instrument to be acknowledged as the Condominium Declaration by Donald E. Tucker, its President, and does hereby appoint said Donald E. Tucker as its true and lawful attorney-in-fact to acknowledge and deliver this Declaration as its act and deed, this _______________.

DECLARANT

ECO HOUSING CORPORATION
Donald E. Tucker, President

STATE OF MARYLAND

COUNTY OF MONTGOMERYI, [Vilma E. Montiel], a Notary Public in and for the State of Maryland, do hereby certify that Donald E. Tucker, who is personally well known to me and is named in the foregoing instrument bearing date of___________, as attorney in fact for Eco Housing Corporation, the corporation named in the foregoing instrument as the Declarant, personally appeared before me in the State of Maryland and, as attorney in fact, acknowledged the foregoing instrument to be the act and deed of the Declarant, and that he delivered the same as such.

WITNESS my hand and official seal this _____________.

_________________________

NOTARY PUBLIC

My Commission expires: Sept. 24, 1999

EXHIBIT A TO CONDOMINIUM DECLARATION

TAKOMA VILLAGE COHOUSING CONDOMINIUM
Site Bounded by Blair, Butternut and Fourth Streets, NW (6827 Fourth Street, NW), Washington, DC 20012

DESCRIPTION OF LAND SUBMITTED AS CONDOMINIUM

Lot numbered Twenty-nine (29) in Square numbered Thirty-two Hundred and Eighty (3280), as per plat made by 6820 Limited Partnership, recorded in the Office of the Surveyor for the District of Columbia in Liber Ninety-three (93), at Folio Twenty-seven (27).

EXHIBIT B TO CONDOMINIUM DECLARATION

TAKOMA VILLAGE COHOUSING CONDOMINIUM
Site Bounded by Blair, Butternut and Fourth Streets, NW (6927 Fourth Street, NW),
Washington, DC 20012

Identifying Address Percentage Interest(%)

6827-101 3.510

6827-102 3.275

6827-103 2.605

6827-104 2.587

6827-105 2.605

6827-106 2.565

6827-107 2.629

6827-108 2.619

6827-109 1.467

6827-113 1.829

6827-114 1.662

6827-115 1.646

6827-116 1.497

6827-117 3.107

6827-118 1.486

6827-119 1.317

6827-120 4.178

6827-121 4.178

6827-122 3.275

6827-123 3.510

6827-209 1.455

6827-210 1.455

6827-211 3.245

6827-213 1.716

6827-214 1.716

6827-215 1.756

6827-216 1.539

6827-218 2.749

6827-219 2.799

6827-303 2.580

6827-304 2.580

6827-305 2.621

6827-306 2.621

6827-307 2.466

6827-308 2.466

6827-309 2.924

6827-310 1.545

6827-312 1.926

6827-313 1.726

6827-314 1.716

6827-315 1.757

6827-316 1.549

6827-317 1.545

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