Homeowners’ Checklist for Compliance with Restrictive Covenants

 

Section 1. BEFORE planning for the construction of any improvements to a residential lot in Villamay, please consider doing the following:

 

A. Read the preamble to the section of the Villamay Directory entitled Restrictive Covenants Affecting All Homes in Villamay

 

B. Familiarize yourself generally with the Covenants and particularly with the requirements of Paragraphs 4 and 6.

 

C. Make your own determination whether or not your intended project is within the scope of the Restrictive Covenants. Do you need more information? Contact the name provided above.

Section 2. In the initial stage of PLANNING for any project that is, or may be, affected by the Restrictive Covenants, it is most helpful if neighbors:

 

A. Make preliminary contact with the Association’s President and/or its Chairman of the Restrictive Covenants Committee to informally “register” the intended project and become informed about the approval process and the amount of lead time needed.

 

B. Become familiarized with the Bylaws of the Association and particularly Article XI, Section 8 (Restrictive Covenants Committee) and Article XII (Administration of Restrictive Covenants)?

C. Make good faith efforts to advise adjacent neighbors of the intended project and to sound out any concerns they may have, even at this early stage. [This could be the single most important step in assuring a favorable outcome.]

 

D. Establish good lines of communication with the Committee so that the project can be preliminarily reviewed, either informally or formally (Article XII, Section 2.d) as the planning advances

 

Section 3. The APPLICATION to the President:

A. Submit an application to the President of the Association that meets all of the filing requirements of Article XII, Section 2, regarding the description of the project, the documentation required, and the certification of notifying each adjacent property owner prior to the filing of the application

B. The President will promptly refer the application to the Covenants Committee, if the Committee Chair has not already received a copy from the applicant. The applicant will be given a reasonable timetable for hearing and action by the Committee and final consideration by the Board of Directors

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Restrictive Covenants Affecting All Homes in Villamay

From the outset of its development, Villamay has been an outstanding community of fine homes; it continues to be outstanding and property values are strong because of structural and aesthetic excellence, the pride of residents in their homes and the community, and continuing maintenance of the high standards established by the developer, Gene May. To a significant extent those standards are to be found in the Restrictive Covenants which were made a part of the initial dedication of the land by its developer.

 

The Restrictive Covenants appear expressly or by reference in all conveyances of title to subsequent owners, they run with the land, and they are legally binding upon all owners of Villamay property the title to which traces to the original dedication. We urge all property owners in Villamay to familiarize themselves with the provisions of the Covenants. They are published here for ready reference. Compliance with those covenants, or only the most carefully considered variance, is vitally important in maintaining the character of Villamay and in preserving and enhancing the value of Villamay property.

 

The Villamay Community Association, Inc., is responsible for enforcement of the Covenants. Approval of any action or construction which may be at variance with the Restrictive Covenants must be obtained from the Association. Only the Association, by action of its Board of Directors, may approve or disapprove any variance. In the event of disapproval by the Board of Directors, the applicant may appeal from the decision of the Board to the full membership of the Association. The procedure is for application, consideration, decision and appeal are expressly set forth in Article XII of the By-Laws of the Villamay Community Association. Those By-Laws appear elsewhere in the Directory.

 

The Covenants
1. No trailer, basement, tent, shack, garage, barn or other outbuilding erected or placed on any lot shall at any time be used as a residence temporarily or permanently, nor shall any structure oftemporarycharacterby used as a residence. No trailer shall be moved or placed upon any lot in the subdivision.

 

2. No lot within this subdivision shall be used for the conduct of any business, nor shall anything be done on any of the said lots which will constitute a nuisance. However, at the discretion of the May Housing Corporation,* as evidenced by written approval, professional offices in conjunction with residential use, as permitted by the Fairfax County Zoning Regulations, may be allowed. Nothing contained herein shall be construed as prohibiting such business activities as may be required for the development of the lots, construction for the residences and the sale or resale of residences erected upon the lots.

 

3. No livestock including horses, cattle and hogs, nor fowl such as chickens and pigeons shall be kept on the property. The breeding of cats, dogs or birds for commercial use is prohibited, but nothing contained herein shall be construed to prohibit the keeping of the usual domestic pets.

 

4. Plans and specifications, including elevations, materials, colors and roof types, and the site plans showing grades for all structures and improvements to be erected or altered upon any lot in this subdivision shall be submitted to May Housing Corporation* for approval prior to commencement of construction, but should May Housing Corporation* fail to render approval or disapproval within sixty (60) days after presentment to said corporation of plans, specifications and site plans, then the approval of said corporation shall presumed.

 

5. No lot or lots in said subdivision shall be resubdivided without prior approval of May Housing Corporation* in order to assure conformity with the general plan of development of the community.

 

6. No line fences or walls shall be erected upon any lot in the Subdivision without the prior written approval of May Housing Corporation, but in no event shall any fence be erected nearer the front street line than the rear line of the house. No fence shall be erected on corner lots nearer a side street line than the side line of the house nearest the side street, except hedge, which shall be maintained at a height of not more than 3 feet. This restriction against front yard fences shall not apply to any lot in the subdivision containing one (1) acre or more having a minimum frontage of one hundred fifty (150) feet. Front yard fences may be erected on such lots after approval of type and design has been obtained from May Housing Corporation.*

 

7. An easement five (5) feet in width along the side lines, front lines and rear lines of each lot is hereby reserved for the construction, maintenance and operation of electric and telephone lines, water, sewer, drainage, or other facilities provided, however, that if two contiguous lots are in a single ownership, the side line easement reservation shall not apply to the common interior lot line.

 

8. No lot shall be used except for residential purposes, and no building shall be erected, placed, altered or permitted to remain on any lot other than one detached single-family dwelling, private garage, and such outbuildings as may be approved by the May Housing Corporation.*

 

9. All rights reserved herein by the May Housing Corporation* for approval of plans and specifications for improvements and fences may be assigned by the May Housing Corporation* by filing a deed of assignment in the office of the Clerk of the Circuit Court of Fairfax County, Virginia, designating such assignee.

 

10. The May Housing Corporation* reserves the right to amend, modify or vacate any restriction herein contained whenever the circumstances, in the opinion of May Housing Corporation, *deems such amendment modification or vacation advisable. Otherwise, such covenants are to run with the land and shall be binding upon all parties claiming under them until January 1, 1990, at which time they shall be automatically renewed and extended for successive periods of ten (10) years unless a majority of the then owners of lots within the subdivision file an instrument of record charging the said covenants in whole or in part.

 

11. It shall be lawful for any person owning a lot within this subdivision to institute proceedings against any person or persons violating or attempting to violate any such covenant and to prevent such person or persons from so doing or recover damages for such violation.

12. Invalidation of one or more of these covenants or failure to enforce the same shall in no way affect the enforceability of any other covenant or provision herein contained.