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Part 5 - Members

May 22, 2012
Part 5 - Members
  • PART FIVE: MEMBERS
    ARTICLE XVI
    MEMBERSHIP

    SECTION 1. The Association shall have members. "Each and every person who owns or is purchasing a lot or lots within the SUBDIVISION, or who occupies, under a lease agreement, a lot or lots within the SUBDIVISION, is, by virtue of such ownership, purchase, or occupancy, a MEMBER of the ASSOCIATION. Such MEMBER shall be classed as ACTIVE or INACTIVE, as defined in (a) and (b) below."

    • (a) ACTIVE MEMBERS shall consist of those persons who own, who are purchasing under a contract or purchase, or who occupy under a lease agreement a lot or lots within the SUBDIVISION and for which such lot or lots have been paid all annual dues of the ASSOCIATION, Statutory Maintenance Fees, special assessments and other charges, whether imposed or levied from time to time or as outlined in the Articles of Incorporation or these Bylaws. ACTIVE MEMBERS shall also include the members of the immediate family of the LOT OWNER, PURCHASER, or LESSEE, so long as such OWNER, PURCHASER, or LESSEE retains the status of active member. For the purposes of this section, the term "immediate family" shall include:
      • (1) the spouse;
      • (2) the minor children;
      • (3) the major children who reside in the primary residence of the OWNER, PURCHASER or LESSEE;
      • (4) parents of the OWNER, PURCHASER or LESSEE, and the spouse of same, who resides in the primary residence of the OWNER, PURCHASER or LESSEE.
    • (b) INACTIVE MEMBER shall be any person, otherwise eligible for membership, who has been declared inactive for either (1) failure to pay when due all applicable charges, as outlined in Article XX or (2) failure to abide by these BY-LAWS or the Rules and Regulations of the ASSOCIATION as determined by the BOARD OF DIRECTORS.

    SECTION 2. There may be HONORARY MEMBERS in the ASSOCIATION. HONORARY MEMBERS shall be such persons as may be appointed by the BOARD OF DIRECTORS, from time to time, who shall at such designation and for a determined time enjoy the rights similar to active membership; except, however, HONORARY MEMBERS shall have no voting rights, nor are they liable for dues, statutory maintenance fees, or special assessments.

    SECTION 3. The ASSOCIATION may provide each ACTIVE MEMBER with an identification card or other similar form of identification which shall adequately disclose and state that such MEMBER is active and entitled to the full use and enjoyment of the AMENITIES comprising the COMMON AREA provided by the ASSOCIATION. Such card or other form shall remain the property of the ASSOCIATION and shall, upon request, be returned to the ASSOCIATION by said active MEMBER.

    SECTION 4. Upon the event an ACTIVE MEMBER is declared an INACTIVE MEMBER by the ASSOCIATION for reasons herein stated in this Article XVI, the ASSOCIATION shall promptly notify such MEMBER in writing that his active membership is revoked stating with clarity the reasons for such revocation with notice to such member that the rights and privileges of the use and enjoyment of the COMMON area and AMENITIES comprising same are terminated until such time as such MEMBER reinstates his membership in the ASSOCIATION.

    SECTION 5. Active Membership in the ASSOCIATION is non-transferable.

    SECTION 6. The BOARD OF DIRECTORS may, by resolution, create such other classes of membership as it may see fit.

    SECTION 7. Membership shall terminate upon the death, sale of the LOT for which an active membership certificate has been issued, or by revocation as herein provided by these Bylaws.

    ARTICLE XVII
    CERTIFICATES OF MEMBERSHIP

    SECTION 1. The BOARD OF DIRECTORS shall issue to each ACTIVE MEMBER in the ASSOCIATION, for which such active membership period the said membership relates, a certificate of active membership in the ASSOCIATION. The BOARD OF DIRECTORS may from time to time prescribe the form and contents of any such certificate of membership which the
    ASSOCIATION shall issue.

    SECTION 2. Only One (1) certificate of active membership need be issued by the ASSOCIATION to the LOT OWNER in the SUBDIVISION to which said active membership relates notwithstanding said active membership includes other people as outlined in Article XVI hereof; provided, however, that such certificate or the records of the ASSOCIATION provide the names of said other people. It shall be the responsibility of the ACTIVE MEMBERS in the ASSOCIATION who are LOT OWNERS in the SUBDIVISION to report and prove to the ASSOCIATION those other MEMBERS mentioned in Article XVI who are entitled to active membership status in the ASSOCIATION; otherwise, the ASSOCIATION shall be left in its discretion to deny any rights to such other MEMBERS until such time as the report and proof aforesaid are given.

    SECTION 3. When a LOT in the SUBDIVISION is owned by two or more persons, only one membership certificate need be issued by the ASSOCIATION, either in the name of the joint owners or in the name of their appointee.

    SECTION 4. When One (1) or more LOTS are owned by a corporation, only One (1) membership certificate shall be issued to an individual designated by the said corporation as the certificate holder. Such holder shall exercise exclusively all privileges of membership available to individual OWNERS of LOTS within the Aquia Harbour Subdivision. The name of the certificate holder shall be submitted in writing to the Secretary of the ASSOCIATION and be subject to change on Sixty (60) days advance written notice.

    ARTICLE XVIII
    MEETINGS OF ACTIVE MEMBERS - VOTING RIGHTS

    SECTION 1. MEETINGS OF THE ACTIVE MEMBERS. Meetings of the ACTIVE MEMBERS shall take place in Stafford County, Virginia, or the adjoining city or county as may be provided in the notice of the meeting.

    SECTION 2. ANNUAL MEETING OF THE ACTIVE MEMBERS. The Annual Meeting of the active MEMBERS of the ASSOCIATION shall be on the third Saturday in the month of October in each year, at the hour of 10:30 A.M. for the purpose of electing Directors and acting upon other business that may be properly brought before the said meeting. The meeting date may be changed to no earlier than the third Saturday in the month of September or no later than the fourth Saturday in the month of October, when it is determined by the Board of Directors that it is in the best interest of the ASSOCIATION to do so.

    SECTION 3. Meetings of the ACTIVE MEMBERS may be called by the President of the ASSOCIATION or by the BOARD OF DIRECTORS. Meetings of the active MEMBERS may also be called by such other officers or persons or numbers or proportion of the active MEMBERS as may be provided in the Bylaws or ARTICLES OF INCORPORATION. A special meeting of MEMBERS may be called by active MEMBERS in number constituting a quorum of all the active MEMBERS of the ASSOCIATION.

    SECTION 4. Written notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than Ten (10) nor more than Fifty (50) days before the date of the meeting (except as a different time specified below), either personally or by mail, (including setting forth the notice in any periodical published by the ASSOCIATION and given general circulation to all active members), by or at the direction of the President, or the Secretary, or the officers or persons calling the meeting to each MEMBER entitled to vote at such meeting. If mailed, or delivered personally, such notice shall be deemed to be delivered when deposited in the United States mail receptacle, addressed to the MEMBER at his address as it appears on the records of the ASSOCIATION, with postage thereon prepaid, or when delivery is made. Notice of a MEMBER'S meeting to act on an amendment of the ARTICLES OF INCORPORATION or on a plan of merger or consolidation shall be delivered or published in the manner above, not less than Twenty-five (25) nor more than Fifty (50) days before the date of the meeting. Any such notice that is mailed shall be accompanied by a copy of the proposed amendment or plan of merger or consolidation or a summary thereof and any such notice that is published shall state that copies of the proposed articles of amendment or plan of merger or consolidation will be supplied to said MEMBERS on request. Notwithstanding any other provisions of these Bylaws, whenever any notice is required to be given to any MEMBER of any meeting for any purpose under the provisions of law, the ARTICLES OF INCORPORATION or these Bylaws, a waiver thereof in writing, signed by the MEMBER entitled to such notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice. A MEMBER who attends a meeting shall be deemed to have had timely and proper notice of the meeting, unless such MEMBER attends for the express purpose of objecting because the meeting is not lawfully called or convened.

    SECTION 5. MEMBERS in the ASSOCIATION shall have those voting rights as are provided in the ARTICLES OF INCORPORATION for the ASSOCIATION, the ACT or the SUBDIVIDED ACT.

    SECTION 6. Only MEMBERS in the ASSOCIATION who are active MEMBERS shall be entitled to vote, provided such active membership status exists at the time of said voting, and voting by said ACTIVE MEMBERS shall exist only on the following issues, to-wit:
    • (a) the election of members to the BOARD OF DIRECTORS;
    • (b) such matters as are allowed by and outlined and detailed in the ACT, the SUBDIVIDED ACT or the ARTICLES OF INCORPORATION;
    • (c) any matter affecting the business and affairs of the corporation.

    SECTION 7. On all issues where active MEMBERS are entitled to vote, each active MEMBER shall be entitled to cast one (1) vote for each LOT such MEMBER owns within the SUBDIVISION; provided, however, an association, corporation or partnership is entitled to only one (1) vote in any election or upon any issue regardless of the number of lots owned. For purposes of voting, where a LOT within the SUBDIVISION is co-owned, the coowners thereof shall designate a representative who shall be deemed the active MEMBERS of the ASSOCIATION and the one entitled to cast the One (1) vote; failure to make such designation shall destroy the validity of the vote to be cast.

    SECTION 8. No elections may be conducted by mail.

    SECTION 9. No cumulative voting shall be allowed.

    SECTION 10. Twenty Percent (20%) of the total number of votes entitled to be cast at any meeting of the ACTIVE MEMBERS of the ASSOCIATION present in person or represented by written proxy shall constitute a quorum. Unless otherwise provided by law or by the ARTICLES OF INCORPORATION of the ASSOCIATION, the vote of a majority of the votes entitled to be cast by the ACTIVE MEMBERS present or presented by proxy at a meeting at which a quorum is present shall be necessary for the adoption of any matter voted upon by said ACTIVE MEMBERS.

    SECTION 11. At each annual meeting, the BOARD OF DIRECTORS shall present a report to the ACTIVE MEMBERS present. Such written report shall state the major events affecting the DEVELOPMENT since the last annual meeting and shall present a written report of the financial condition of the ASSOCIATION, as shown by a Balance Sheet and Income Statement (prepared in accordance with generally accepted accounting principles), prepared as of the close of the fiscal year immediately preceding the date of the annual meeting.

    SECTION 12. An ACTIVE MEMBER entitled to vote, as provided in the ARTICLES OF INCORPORATION for the ASSOCIATION, may vote in person or by proxy, unless otherwise provided in these Bylaws or the ARTICLES OF INCORPORATION. Said proxy shall be executed in writing by the ACTIVE MEMBER or by his duly authorized Attorney-In-Fact; shall be valid only for the issue or issues set forth in the notice of the meeting for which the proxy is given; shall be valid only at such meeting or any continuation thereof; and shall expire upon the adjournment of such meeting. Every proxy shall be revocable at the pleasure of the person executing it. Proxies used by ACTIVE MEMBERS in the ASSOCIATION in the election of members to the BOARD OF DIRECTORS shall be addressed and directed to the Holders of Election.

    SECTION 13. The President, or in his absence, the Vice President, of the ASSOCIATION shall preside over all meetings of the active MEMBERS. The Secretary, or in his absence, an Assistant Secretary, shall act as Secretary of all meetings. If neither the President, Vice President or Secretary or Assistant Secretary be present, then the active MEMBERS shall choose a pro-tem official.

    ARTICLE XIX
    COMMON AREA

    SECTION 1. Each ACTIVE MEMBER in the ASSOCIATION shall be entitled to the full use and enjoyment of the COMMON AREA and AMENITIES comprising same within the DEVELOPMENT providing such use and enjoyment is consistent and in conformity with the Rules and Regulations and the ASSOCIATION published and in effect or as amended from time to time by the BOARD OF DIRECTORS or active membership and as such Rules and Regulations relate to a specific AMENITY.

    SECTION 2. An INACTIVE MEMBER is not entitled to the use and enjoyment of any of the AMENITIES comprising the COMMON AREA and shall be exposed to all available remedies at law or equity employed by the ASSOCIATION for the illegal use of and trespass upon such COMMON AREA or any AMENITIES thereof, and may be denied access to said COMMON AREA or the AMENITIES thereof. An INACTIVE MEMBER shall only be entitled to the immediate and most direct means of ingress and egress to the LOT he owns or is purchasing. An INACTIVE MEMBER shall not be denied the use of the water and sewer facilities within the SUBDIVISION on account of his being an INACTIVE MEMBER. An INACTIVE MEMBER shall not be entitled to guest privileges nor shall an inactive MEMBER be a guest of an ACTIVE MEMBER if the intent or effect in so doing shall be an evasion of these Bylaws or the Rules and Regulations of the ASSOCIATION. A LOT OWNER, who previously was an ACTIVE MEMBER and who has been declared an INACTIVE MEMBER for failure to abide by these Bylaws, shall not be relieved of the continuing obligation to pay the charges assessed by the ASSOCIATION and as outlined in Article XX hereof.

    SECTION 3. Only MEMBERS in the ASSOCIATION who possess a current membership card in the ASSOCIATION shall be entitled to use and enjoy the COMMON AREA and AMENITIES comprising same. Failure to possess or present to the proper designated persons of the ASSOCIATION such current membership card shall expose the MEMBER to the prohibition of the use and enjoyment of the COMMON area. It shall be the responsibility of the MEMBER to keep such card in his possession and to present same to the proper designated persons of the ASSOCIATION when requested. The ASSOCIATION may issue to MEMBERS of the ASSOCIATION the above mentioned membership or identification card only if such MEMBER is deemed an ACTIVE MEMBER and further, that such MEMBER is current in the payment of all dues, special assessments and maintenance fees, and other charges of the ASSOCIATION then outstanding and enforceable against such member. In no event shall the ASSOCIATION deny any MEMBER who does not possess a current membership or identification card the immediate and most direct vehicular means of ingress and egress to the LOT he owns or is purchasing; and further, such MEMBER shall not be denied the use of the water and sewer facilities within the SUBDIVISION on account of such MEMBER not having a current membership card. The denial of these rights shall only apply to MEMBERS declared inactive, and then only in accordance with the provisions of these Bylaws. In no event shall a MEMBER of the ASSOCIATION who has failed to obtain his current membership card be entitled to guest privileges nor shall such MEMBER be a guest of an ACTIVE MEMBER if the intent or effect in so doing shall be the evasion of these Bylaws of the Rules and Regulations of the ASSOCIATION.

    ARTICLE XX
    CHARGES

    SECTION 1. Applicable to each LOT within the SUBDIVISION and to be paid by the beneficial or record owner thereof shall be the following charges, to-wit:

    • (a) Statutory Maintenance Fee: A fee applicable to each LOT within the DEVELOPMENT which is enabled and hereby established by virtue of the SUBDIVISION ACT, as amended, the said amendments having become effective July 1, 1980. The Statutory Maintenance Fee is an annual charge and shall be determined by the BOARD OF DIRECTORS; there is no maximum limit imposed hereby or by the SUBDIVIDED ACT on the amount of the Statutory Maintenance Fee. The proceeds of the Statutory Maintenance Fee shall be used solely for those AMENITIES situated within the DEVELOPMENT as defined in the SUBDIVIDED ACT or as allowed by such SUBDIVIDED ACT.
    • (b) Special Assessment: If found to be in the best interests of the corporation and in order to conserve the assets of the ASSOCIATION, and providing the terms and conditions imposed by the SUBDIVIDED ACT are complied with, the BOARD OF DIRECTORS may from time to time, and upon resolution adopted by it, charge the owner of each LOT in AQUIA HARBOUR SUBDIVISION with a Special Assessment, which shall be in addition to the membership initiation fee, the annual dues, Statutory Maintenance Fee or any other charges imposed by the ASSOCIATION. Such resolution shall state the amount of the Special Assessment and shall state the last day on which such Special Assessment is due; provided, however, such LOT OWNER shall have a period of at least Forty-five (45) Calendar Days in which to make payment of the said Assessment. Notification of the Special Assessment shall be given by the ASSOCIATION to each LOT OWNER within the DEVELOPMENT no later than Fourteen (14) business days after the adoption of the Resolution calling for the Special Assessment. For purposes thereof, the delivery of an invoice to each LOT OWNER shall be deemed sufficient notification. The Forty-five (45) Day period allowed for payment and described above shall commence no sooner than the date of notification outlined above. No LOT OWNER shall be declared an inactive MEMBER for reasons of non-payment of the Special Assessment until such time as Three (3) Months have lapsed since the first date such Special Assessment became payable. If, at a duly called and constituted meeting of all of the ACTIVE MEMBERS of the ASSOCIATION, a quorum being present, said meeting taking place within Thirty (30) Days after the conclusion of the Fourteen (14) Business Day period above described, there is passed by a vote of at least two-thirds of the LOT OWNERS present in person or represented by proxy, a resolution calling for the recision or reduction of the Special Assessment, then said Assessment, or portion thereof shall become null and void and not collectible against any LOT OWNER. The provisions of Article XVIII (VI), Section 3 shall control as to the call for such Special Meeting herein provided for. There shall be no similar Special Assessment made by the ASSOCIATION within a period of Six (6) Months from the date of the meeting of the LOT OWNERS provided at such meeting a recision or reduction of a Special Assessment became effective. Any monies paid by a LOT OWNER because of a Special Assessment subsequently rescinded or reduced pursuant to this section, shall be promptly refunded to said OWNER.

    SECTION 2. Applicable to each MEMBER in the ASSOCIATION shall be the following charges, to-wit:
    • (a) Initiation Fee: Effective immediately, each applicant for active MEMBERSHIP in the ASSOCIATION shall pay, at the time of the submission of the application, an initiation fee of Seven Hundred Dollars ($700.00). Such initiation fee shall be in addition to the annual dues, special assessments, Statutory Maintenance Fee or other charges. The BOARD OF DIRECTORS may from time to time determine a different amount of initiation fee, and may waive same if determined to be in the best interests of the ASSOCIATION.
    • (b) Each MEMBER in the ASSOCIATION shall be subject to an annual charge of Sixty dollars ($60.00), per LOT which shall be paid to the ASSOCIATION, its successors or assigns, annually on the 1st day of July, commencing in the year following the date of the contract to purchase. The amount of annual charge, as set forth in Covenant #7 and as affected by Covenant #9, shall be increased or decreased only with the written consent of at least two-thirds of the LOT owners within the ASSOCIATION; the Covenants herein referred to shall be those as recorded in the Clerk's Office of the Circuit Court of the County of Stafford, Virginia, in Deed Book 4 at Page 64.
    • (c) Re-instatement Fee: Any MEMBER declared inactive pursuant to these Bylaws shall upon application for re-instatement of active membership status, pay to the ASSOCIATION a reinstatement fee of Twenty-five Dollars ($25.00). No INACTIVE MEMBER shall be declared an ACTIVE MEMBER, except as to a LOT OWNER making his first application for membership, unless the re-instatement fee is paid in full.

    SECTION 3. The ASSOCIATION shall be entitled to impose a charge and/or a bond with penalty in a reasonable amount against a builder within the SUBDIVISION who is constructing on a LOT within the DEVELOPMENT a single family Home. The BOARD OF DIRECTORS is authorized hereby to require that said bond be with surety. Further, the ASSOCIATION shall be entitled to impose a charge and/or builder's fee in a reasonable amount against a builder within the SUBDIVISION who is constructing on a LOT within the DEVELOPMENT a single family Home. The amount of the bond or builder's fee shall be as determined by the BOARD OF DIRECTORS. A builder shall not engage in any Construction activities within the SUBDIVISION, until all fees herein imposed upon him are paid in full and maintained in the amounts herein stipulated. Further, a builder shall engage in Construction activities within the SUBDIVISION only while he possesses the special license granted by the ASSOCIATION and described below. Said builder, if not the OWNER of the LOT on which such Home is being built, shall not be considered a guest of the LOT OWNER or purchaser on whose LOT said house is being constructed, but shall be entitled to ingress and egress to and from the DEVELOPMENT and the subject LOT under a special license granted only by the ASSOCIATION. This special license can only be issued so long as the said LOT OWNER or purchaser on whose LOT such residence is being built is an ACTIVE MEMBER of the ASSOCIATION and shall terminate upon completion of such residence or upon the said LOT OWNER or purchaser becoming an inactive MEMBER. Failure on the part of the builder and/or his employees, vendors, agents or subcontractors, to comply fully with the Rules and Regulations imposed by the ASSOCIATION for builders shall cause such builder to lose the special license of ingress and egress to and from the SUBDIVISION. It shall be the responsibility of the aforesaid LOT OWNER and the builder to see that said builder and/or his employees, vendors, agents and subcontractors comply with the said Rules and Regulations and neither the ASSOCIATION nor the DEVELOPER shall have any responsibility in this regards. The said license hereby granted to a builder shall become effective only when the said LOT OWNER or purchaser on whose LOT the house to be constructed obtains a building permit from the County of Stafford, Virginia, has entered into a binding contract with such builder, and has commenced or is forthwith to commence Construction of said residence and has paid in full the fees and posted all bonds required of said builder by this Article.

    SECTION 4. Any person who occupies under a lease agreement between himself and the LOT OWNER, a LOT within the SUBDIVISION and said LOT OWNER is not in possession of the leased LOT jointly with the lessee, shall not be entitled to collect more than One (1) initiation fee per LOT under this Section in any one calendar year notwithstanding the number of lessees of the said LOT, provided there is no change in the ownership of such LOT. The LOT OWNER shall not, during any period when the tenancy is valid and the said lessee is an ACTIVE MEMBER, enjoy any of the AMENITIES or COMMON AREAS available to LOT OWNERS who are ACTIVE MEMBERS, save a right of ingress and egress, unless the LOT OWNER or his tenant pays all charges as outlined in Article XX, Section 1, then in effect, and there is paid to the ASSOCIATION an additional sum of Two Hundred Dollars ($200.00). A LOT OWNER who resides in his single family residence on a LOT within the SUBDIVISION shall not be subject to the additional charge of Two Hundred Dollars ($200.00), but shall be subject to all applicable charges as outlined in Article XX. The termination of the Lease Agreement between the lessee and the LOT OWNER shall cause a forfeiture of the lessee's membership in the ASSOCIATION. Until such time as such lessee becomes an active MEMBER in the ASSOCIATION, said lessee shall be an inactive MEMBER. During such time the lessee is an INACTIVE MEMBER, the obligation to pay the charges imposed by these Bylaws shall be that of the LOT OWNER. Upon said lessee becoming an active MEMBER the responsibility of payment of the annual dues and other charges shall become also that of the lessee who, along with the LOT OWNER, shall be jointly and severally liable for the payment of all charges imposed during the tenancy by these Bylaws. The tenancy between the lessee and the LOT OWNER does not relieve or release the LOT OWNER from the obligation to
    make the payments imposed hereby.

    SECTION 5. Nothing shall preclude the BOARD OF DIRECTORS from increasing or decreasing the amount of the fees outlined in these sections, the method upon which the same is determined, when such becomes due and payable, or upon such terms and conditions the same might be paid.

    SECTION 6. Any LOT OWNER of a LOT located within Aquia Harbour SUBDIVISION who requests a recordable statement from the ASSOCIATION which sets forth the amount of unpaid regular or special assessments shall be required to pay therewith a sum of Fifteen Dollars ($15.00) which sum shall be paid as a pre-requisite to the issuance of said statement. This obligation to pay said fee is pursuant to Section 55-344 of the SUBDIVIDED ACT, and the LOT OWNER making such requests shall be bound by all the terms and conditions of such section in regards to the request therein allowed.

    SECTION 7. Failure on the part of any member or LOT OWNER within the DEVELOPMENT to pay each, every and all of the charges, dues, fees or assessments imposed by this Article XX shall expose such LOT OWNER or MEMBER to any and all of the remedies available to the ASSOCIATION pursuant to the SUBDIVIDED ACT, which remedies shall include the placing of a lien of record against the LOT of the said OWNER or MEMBER, and the responsibility to pay all costs incurred by the ASSOCIATION in the enforcement of such lien.

    ARTICLE XXI
    RENTAL PROPERTIES

    1. No person shall, at any one time, rent to others more than Five (5) improved lots.
    2. For purposes of this article only, person is defined as an individual, partnership, corporation, governmental agency or government, business trust, estate, trust, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
    3. The total number of improved lots rented to others by any person at any time shall be the sum of the number of improved lots rented to others by said person in said person's own right and the number of improved lots rented to others by any other entity described in paragraph 2 of this article in which entity said person has a fiduciary interest or a beneficial or proprietary interest greater than or equal to ten percent (10%).
    4. The provisions of this article shall not bar a person, while acting exclusively in a representative capacity, from acting as agent in the rental of more than Five (5) improved lots to third parties in the ordinary course of the agent's business.
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