Located 5 miles to Historic Lexington, Virginia
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GreenWay's
Covenants & Restrictions |
GreenWay
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
As Amended August 9, 2006
Formerly Amended April 23, 2003 (Plat Cab 3-385)
Amended March 12, 2003 (PG 0107 – 0113)
Formerly known as Living Earth EcoVillage, LLC
Plat Cab 3 - SL 236, 020002737 PG 0008 - dated May 16, 2002
Tax Map Numbers
Home Owner’s Association Land 06300016000000A0
Lot 1 0630001600000010
Lot 2 0630001600000020
Lot 3 0630001600000030
Lot 4 0630001600000040
Lot 5 0630001600000050
Lot 6 0630001600000060
Lot 7 0630001600000070
Lot 8 0630001600000080
Lot 9 0630001600000090
Lot 10 0630001600000100
Lot 11 0630001600000110
Lot 12 0630001600000120
Lot 13 0630001600000130
Lot 14 0630001600000140
Lot 15 0630001600000150
Lot 16 0630001600000160
Lot 17 0630001600000170
Lot 18 0630001600000180
Lot 19 0630001600000190
Lot 20 0630001600000200
GreenWay
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
As Amended August 9, 2006
THIS DECLARATION, made this 9th day of August, 2006, by Tiny House Company, LLC and/or assigns as the sole developers, hereinafter referred to as the "Declarants" of the property known as GreenWay, and formerly known as Living Earth EcoVillage (Plat CAB 3 SL 236).
WHEREAS, Declarants are the developers of a certain tract of land in Rockbridge County, Virginia, as shown on plat (Plat CAB 3 SL 236) recorded January 23, 2002 at 11:44am, in the Clerk's Office of the Circuit Court of Rockbridge County, Virginia. And more fully described on a Living Earth EcoVillage plat prepared by Green Forest Surveys, dated August 10, 2001.
WHEREAS, Declarants have subdivided a portion of the Properties into a subdivision known as GreenWay. The Declarants desire to subject this subdivided property to certain conditions, protective covenants, restrictions, easements, charges and liens, hereinafter referred to collectively as "Protective Covenants," as set forth herein.
THEREFORE, Declarants do hereby dedicate and impose upon the lot owners of each and all of the said lots shown on the plat constituting GreenWay, the following covenants, conditions, restrictions, easements, assessments and affirmative obligations, all of which are for the purpose of protecting the value and desirability of, and run with and bind the GreenWay, and shall be binding upon all the parties having or acquiring any ownership, right, title or interest in the GreenWay, and shall inure to the benefit of each lot owner.
Once empowered, the Home Owner’s Association may amend, alter or change the Protective Covenants and Restrictions by an agreement of seventy (70) percent of all lot owners of record at the time of said proposed amendment, alteration or change, and shall be considered incorporated within this document in its entirety.
General Character and Purpose. GreenWay is subjected to these Protective Covenants in recognition of the natural environmental features and to ensure a unified, managed, sustainable land-use development, distinguished by visual quality and sensitive to the natural setting for single-family residential development.
Land Use and Building Type. It is the intent of these protective Covenants to ensure that the Property be maintained as an attractive setting for single family residential housing. Small apartments are allowed as part of the single family home and considered as a separate house hold.
ARTICLE I — DEFINITIONS. The following words and terms when used in this declaration or any supplemental declaration shall have the following meaning:
"Declarants" shall refer to land developers: Tiny House Company, LLC, its successors and/or assigns.
"Lot" refers to any privately held parcel of land shown and recorded as part of the subdivision known as GreenWay.
"Owner" and “Lot Owner” shall refer to the recorded Owner, whether one or more persons or entities, of the title to any lot which is part of the GreenWay.
“Home Owner’s Association”, “HOA”, “Association” and “GreenWay Home Owner’s Association, LLC”, refers to the legal entity established for the subdivision as defined by the recorded plat and has title to commonly owned land and oversees road maintenance and other such activities deemed desirable for the functioning and maintaining GreenWay subdivision.
“Community Land”, “Common Area”, and “Common Land” refers to land owned by the GreenWay Home Owner’s Association, LLC and includes pastures, wood lots, meadows, foot paths and walkways, roads and any other common property included in the plat. Community land does not include privately owned lots.
“Road” shall mean those roads owned and maintained by the Home Owner’s Association.
“Private Drive Ways” shall mean those extensions of the roads on to an individual lot.
“Estate Lot” refers to the original house, apartments, and out-buildings which were originally the farm occupying the land known as Living Earth Organic Farm.
ARTICLE II SINGLE FAMILY RESIDENCE. Homes may not be used, or rented to shelter three (3) or more unrelated individuals such that the use of the property is more like a commercial boarding house type rental property than a single family home.
ARTICLE III — ROADS, DRAINAGE AND TRAILS
(a.) Roads and Drainage. The Declarants, or Home Owners Association, shall have ownership, easement and control over all roads shown by the aforesaid plat of GreenWay or any additions thereto. Nothing contained in this declaration or in the recordation of the aforesaid plat or any future EcoVillage plats shall be construed as a dedication of such roads for public use, nor shall it be construed as an easement for right-of-way for the public use.
(b.) Initial Road Construction. Declarants shall be required to construct, or cause to be constructed, roads in accordance with the Road Plans as filed with the Office of the Clerk of the Circuit Court of Rockbridge County. This construction does not include driveways from the roads onto individual lots.
(c.) Right-of-Ways and Easements. Declarant hereby grants a perpetual non-exclusive easement of right-of-way to each of the Lot Owners, as shown on the plats of GreenWay, over all roads, lots and land for ingress and egress, and utility easements including, but are not limited to: water, sewer, septic, gas, telephone systems, and water reticulation measures which include earth mounded ponds, swales and vegetative plantings that encourage the water-table recharging. Right-of-ways include driveways to each lot.
Such easement shall be appurtenant to, and shall pass with the transfer of interest in any Lot. The Declarants shall transfer, grant, or assign, at no cost, ownership of the roads established in the subdivision to the GreenWay Home Owner’s Association, LLC (HOA) to be composed of lot owners within the subdivision. Upon any such transfer of title, the Association shall have control and maintenance responsibilities of the rights-of-way and shall make any reasonable regulations for the control and use of such, as set forth herein, or as amended in the future.
(d.) Road Maintenance. The roads shall be maintained by the Declarants, or by the empowered HOA, to a standard functionally equivalent to its condition as initially constructed. The cost of maintenance, repair, improvement, or reconstruction, and preservation of the roads shall be proportionally prorated among lot owners of GreenWay, and once empowered, under the domain of the HOA. Unsold and undeveloped lots owned by the Declarants and/or assigns are exempt from this provision.
(e.) Unusual Road Damage and Repair. If any road, is damaged beyond the normal wear and tear of daily traffic, by the use of, construction vehicle transport, or other heavy vehicular traffic, then the costs of the repair shall be borne by the Lot Owner responsible for damaging or permitting the damage to occur. This is inclusive of family, guests or invitees authorizing the use of said road to that vehicular traffic. Such repairs and maintenance may be undertaken by the Declarant or subsequent HOA, and the cost thereof, if not paid by the responsible party, shall become a debt to which such Owner is subject, provided that the Declarant or subsequent Owners Association gives the Owner thirty (30) days written notice of its intention to invoke the provisions of this paragraph. If the Owner fails or refuses to commence repairs within fifteen (15) days thereafter, the Declarant or subsequent Owners Association shall be authorized to commence repairs and invoke the provisions of this paragraph.
Any property Owner failing to contribute his or her prorata share of the cost of maintenance can be charged by the Home Owners Association for their proper share. Such charge, along with the cost of collection, including attorney's fees, may be collected by any legal process available for the collection of debts, including foreclosure and the enforcement of liens.
(f.) Paths and Trails. There shall be a ten (10) foot wide right-of-way/easement along the perimeter boundary of the subdivision for use as walking trails and perimeter fence maintenance where livestock might be maintained. These rights-of-ways and easements are intended for use as common travel trails for Lot Owners, residents and their guests, and to encourage preserving and experiencing the natural environment throughout the GreenWay.
ARTICLE IV —SEPTIC, UTILITIES, WELLS AND WATER
(a.) Septic. All matters pertaining to location and easements for septic fields are set forth in the Drain Fields and Easements Plat dated October 31, 2001.
(b.) Right-of-ways and Easements. The Declarant reserves an easement for right-of-way for public utilities, including electric and telephone, under, on or above each Lot and the Common Land. The easement width shall be that required by the respective utility company for placement of its wires, cables or conduits. The location of the utility easement shall be as near as practicable to the easements for rights-of-way shown on the EcoVillage plat or along Lot boundaries. This reservation expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the land or undertake similar action reasonably necessary to provide for utility installation.
All Lot Owners will be given the right to utilize any utility easements which may be required to furnish the lot with utilities. Driveways shown on the EcoVillage plan will be considered road rights-of-way for purposes of access and utility easements. Common areas are subject to easements for the conveyance of water and septic including individual and shared water and septic systems.
(c.) Initial wells will be located and developed by the Declarants. Wells will be maintained, and if needed, future wells developed or relocated, by the HOA. Water lines will be provided by the Declarants to the lot boundary.
(d.) Water is one of our most valuable resources. Water conservation is encouraged by all residents and lot owners including rain water harvesting from roofs, rain gardens, water retention landscaping, and water saving appliances and fixtures.
ARTICLE V — PHYSICAL BUILDING STANDARDS. Each house will be built in accordance with the architectural and design guidelines as defined by the Declarant. The encouraged range for house size around 1,500 to 4,000 square feet. Double-wide, single-wide house trailers, mobile homes and three story buildings are not permitted. Travel trailers are permitted while lot owner(s) build their residence for a period not to exceed six months. This time may be extended upon petition and approval by the HOA board.
ARTICLE VI — VEHICLES. Unlicensed or abandoned cars, trucks, or other such non-working vehicles shall not remain on any Lot or parcel within GreenWay neighborhood unless garaged and out-of-sight. Only three vehicles per household may be kept un-garaged. No over night parking is allowed in cul-du-sacs or along roadways. Unoccupied travel trailers, boats or other such vehicles must be housed off the subdivision grounds unless stored in a garage, or with approval granted by the Declarant or the subsequent HOA. Occupied travel trailers may be housed on the lot owned by the resident for a contiguous time not to exceed 3 weeks unless housed in a garage or other appropriate structure. Certain farm related vehicles can be exempt from this article as determined by the HOA.
ARTICLE VII — FARM ACTIVITIES AND HUSBANDRY OF ANIMALS. GreenWay is located in a rural area and, in the spirit of community food self-sufficiency, with oversight by the Home Owner’s Association, residents may utilize the common land to raise produce and livestock including, but not limited to, horses, cattle, goats, sheep, poultry, honey bees, vegetables, fruits, nuts and herbs. All livestock owners are responsible for providing adequate facilities to feed, water, house, fencing maintenance and all appropriate care for their animals.
Pets and livestock shall not exceed the carrying capacity of the land so as not to disrupt the healthy functioning of the ecosystem. Carrying capacity, lot owner’s livestock quotas, land leases, and disputes about land use will be mediated by the HOA.
ARTICLE VIII — FURTHER SUBDIVISION. No residential lot shown on any plat of GreenWay be further subdivided. If deemed necessary by the Declarant or HOA, the master plan and lot lines may be modified pursuant to the County Board of Supervisors approval.
ARTICLE IX — NUISANCE. No nuisance shall be maintained on any Lot, nor shall any activity be conducted on any such Lot which shall become an annoyance to the neighborhood, as petitioned to the HOA by three or more households. In the event of a violation of this covenant, the Declarant or subsequent Owners Association, at its option, in addition to whatever remedies it may possess under the laws of the State of Virginia, may clean, maintain, repair, or remedy such Lot and charge the Owner of such Lot a reasonable fee for the cleaning, maintenance, repair or remedy, following notification procedures as described elsewhere herein.
Except as part of the normal construction process of improvements, no use shall be permitted or maintained on any portion of any lot which causes, produces or contributes to any of the following:
(a.) Noise that, because of excessive or unusual volume, duration, intermittence, beat, frequency, or pitch that is considered objectionable to three or more separate lot owners can petition the HOA for remedy.
(b.) Lighting, and in order to minimize light pollution and allow all residence to have an uninterrupted view of the night sky, no pole light, dusk to dawn lights or overhead outdoor lighting will be allowed. Acceptable outdoor lightning will be limited to motion sensor lighting or manually controlled lighting not to exceed 150 watts per lamp and six feet in height. All outdoor lighting must be approved by the architectural review committee prior to construction.
(c.) No use or discharge of toxic chemicals, insecticides or other poisons will be permitted on or in the land, air or waters, including ground water. "Natural predators" and certified "organic" methods of pest and weed control may be used.
(d.) Any fuel storage tanks, trash and garbage receptacles shall be placed so as to be aesthetically acceptable from any roadway or from outside the Lot boundaries. The Owner of each Lot shall be responsible for sanitary garbage disposal, and shall not permit or cause any garbage, sewage, refuse, waste, or other contaminated matter to be cast, blown, drained, or discharged from such Lot into the creek or lands within GreenWay. Composting is exempt from this provision provided the compost is maintained so as not to cause offensive odors or attract pests.
(e.) No substantial changes in the elevations of the land shall be made on the premises except as shown on any site plan approved by Declarant or subsequent Home Owners Association. No rock, gravel, or clay shall be excavated or removed from any Lot for any commercial purpose.
(f.) Removal of trash. The Declarant or its agent, or Home Owner’s Association, shall have the right, but not the obligation, to enter upon any uninhabited property to remove any trash that has collected or to abate a threat upon or from any property to the watershed of the GreenWay from pollution, or to perform any acts under this Article, providing that the Declarant, its agent or subsequent Owners Association shall notify the Owner in writing of the need for such work thirty (30) days prior to such entering, unless an emergency. Such notice shall be by personal delivery or by certified mail and will state with specificity the action required to be taken on the property, and will state that the Declarant, its agent or subsequent Owners Association may undertake to perform the work needed at Owner's expense if Owner fails to perform the work needed within said thirty (30) day period. Such entering shall not constitute a trespass.
(g.) Individual pets and livestock can be prohibited from the Community Land if they are deemed a nuisance or dangerous, as petitioned by three or more households to the HOA. This could include consistently barking dogs and loud livestock. Animal owners may be required to clean up after their pets in Community Land areas. Dogs are to be restricted from free-roaming unless accompanied by their owners and are to be under control of their owners at all times.
ARTICLE X— COMMUNITY LAND. The Declarant reserves approximately 30 +/- acres of land, shown as Community Land on the subdivision plat. This land is subject to a conservation easement in perpetuity in favor of the GreenWay Home Owner’s Association, LLC, and/or assigns. This provision shall run with the land and shall survive closing.
No buildings, fences, structure and/or improvements, either temporary or permanent shall be constructed, erected, placed upon or stored within the confines of the Community Land as shown and described on the plat of survey without express written approval of Declarant, its successors or assigns, or the HOA.
Any community land development shall be limited to the common house, recreational structures, small shelters and fencing for organic farm use, such as stables, sheds, etc. Said Community Land area within seventy-five (75) feet of the stream center shall not to be cleared of its tree cover, if any, or incorporated into a sod lawn except for pasture land, foot bridges, or walking trails and to remove invasive vegetation.
ARTICLE XI — HOME OWNERS ASSOCIATION (HOA). The principle objective of the HOA shall be the maintenance, repair, and snow-clearing of roads, within GreenWay, and to build and/or maintain community owned structures, wells, lands and fencing. The HOA also manages lease agreement(s) of agricultural lands to any party.
(a.) Membership. Owners of every Lot automatically become shareholders of the HOA at the time of title transfer on individually owned lots. Each lot owner owns two shares of HOA stock, and has two votes in decision making process of the GreenWay Home Owner’s Association, LLC.
The HOA shall be empowered by Declarant when 60% (12 lots) of the Lots are sold, or earlier as determined by the Declarants. Declarants or HOA, shall have the following powers and duties, when in the exercise of its discretion it may deem them necessary or advisable.
(b.) Method of Providing General Funds and Dues. For the purpose of providing general funds to enable the HOA to perform its duties and to maintain the improvements herein provided for, all sold Lots shall be subject to Home Owners Association dues. These dues are to be paid to the Treasurer of the HOA and deposited in the Association’s interest bearing checking or savings account(s). The initial amount of annual HOA dues are $360/year, ($30/month), and shall be pro-rated from time of title transfer. The dues may be re-assessed and changed by the HOA at its annual meeting. Additional assessments may be levied upon lot owners for special projects or special purposes as determined by a majority vote of HOA membership. As of 1/1/02, an initiation fee of $360 shall be paid to the HOA at the time of each lot closing, including resale. The HOA may change the amount of the initiation fee at their annual meeting. Unsold lots are exempt from dues and assessments.
(c.) Annual HOA Meeting. The annual share-holders meeting will be in December of each year and will approve the operating budget for following year’s operations and activities.
(d.) Decision Making. Each lot owner is entitled to two votes at meetings of the Association. Decisions facing the HOA shall be voted upon by HOA members, and carried by simple majority rule. For any financial decisions that involve $1,000 or more of HOA funds, a 60% majority rule will prevail. A 30 day written notice shall be delivered to share holders of meetings and matters to be voted that involve funds, activities and/or decisions that might impact the day–to-day life-style of residents in the community. Absentee votes will be included.
(e.) Officers. HOA will have a Board of Directors consisting of a President, Vice-President, Treasurer, and Secretary. The four Board members will be elected annually by a simple majority election. The term of each Board member will not exceed two consecutive years. Decisions not resolved by the HOA membership will be deferred to the Board, and their decision will be final.
ARTICLE XII — GENERAL PROVISIONS
(a.) Violations. In the event of violation or breach of any of the Protective Covenants contained herein by any Owner, or agent of such Owner, the Declarant, its successors or assigns or agent, or Owners, jointly or severally, shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent the violation or breach in any event. In addition to the foregoing, the Declarant, its successors or assigns, shall have the right, where any Owner shall have built, on any property in the GreenWay neighborhood, any structure in violation of these restrictions, to enter upon such property where such violation exists and summarily abate or remove same at the expense of the Owner, if, after thirty (30) days written notice of such violation to Owner, said violation shall not have been corrected by Owner. Any such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any rights, reservations, restrictions or conditions contained in this Declaration, regardless of how long such failure shall continue, shall not constitute a waiver of, or a bar to such right to enforce.
(b.) Fines for non-compliance of Covenants and Restrictions. If the Board determines a party is in noncompliance with the Covenants and Restrictions they can impose a fine of up to $100/month until the correction is remedied. This fine shall be treated as, and subject to, the same provisions as the Association Dues including placing a lien on the non-compliant owner’s property for unpaid amounts.
Remedial action to clear the nuisance as described in Article IX, or elsewhere in this document, may be undertaken by the Declarant or subsequent HOA, and the cost thereof, if not paid by the responsible party, shall become a debt to which such home owner is subject, provided that the Declarant or subsequent Owners Association gives the Owner thirty (30) days written notice of its intention to invoke the provisions of this paragraph. If the Owner fails or refuses to commence remediation within fifteen (15) days thereafter, the Declarant or subsequent Owners Association is authorized to commence removing the nuisance and invoke the provisions of this paragraph or other legal action as deemed appropriate.
(c. ) Liens Subordinate to Mortgages. All liens resulting from these Protective Covenants shall be deemed subordinate to all mortgages, now or hereafter executed, encumbering any property and none of said Protective Covenants or other provisions shall supersede, or in any way reduce the security or affect the validity of any such mortgage. However, if any property is acquired in lieu of foreclosure, or is sold under foreclosure of any mortgage or under judicial sale, tax foreclosure or forfeiture, any purchaser at such sale, his heirs, successors, and assigns, shall hold any and all properties so purchased or acquired subject to all these Protective Covenants and the subordinated liens which were be created.
(d.) Invalidation. Invalidation of any one of these Protective Covenants by judgment or court order shall not affect any other provisions, which shall remain in full force and effect.
(e.) Applicability and Duration. The Protective Covenants of this Declaration shall run with, and bind the land, unless otherwise specified, and shall inure to the benefit of, and be enforceable by the Declarant, its successors or assigns, or by any Lot Owner subject to this declaration.