This is a copy of the Covenants and
Restrictions that are part of the Deed of each lot in Hunters
Creek. They were originally made part of the Deed of Dedication and
Subdivision, made August 29, 1973 and shall run with the land and
be binding thereto. Therefore, they are incorporated into the Deed
of each Hunters Creek and Windyn property.
- No portion of a lot created by this instrument
shall be used for any professional, industrial, mining or
commercial activities except as can be and are in fact conducted
from a single family residence as provided in Section 28-3-1,
Article II, Chapter 28, Code of the Town of Herndon, Virginia.
- No clothing, laundry or wash shall be aired
or dried on any portion of the lots in any area other than in the
rear yards of the lots.
- No tree, hedge or shrub planting shall be
maintained in such a manner as to obstruct sight lines for
vehicular traffic.
- No noxious or offensive activity shall be
carried on upon any portion of the residential property, nor shall
anything be done thereon or permitted to remain on any lot which
may be or become a nuisance or annoyance to the neighborhood.
- No sign of any kind that is illuminated
and/or larger than 2 square feet shall be displayed to the public
view of any lot, except for temporary real estate signs no more
than four square feet in an area advertising the property for sale
or rent and except for temporary signs erected in connection with
the development, construction, lease or sale of improved lots.
- No horse, pony, cow, chicken, pig, hog,
sheep, goat or other domestic or wild animal shall be kept or
maintained on any lot other than common household pets, provided
that they are not kept, bred or maintained for commercial
purposes.
- Trash and garbage containers shall not be
permitted to remain in public view except on days of trash
collection. No accumulation or storage of litter, new or used
building materials or trash of any kind shall be permitted on any
lot.
- No person shall paint the exterior of any
building a color different than the original color of said building
without the proposed color having been approved by the Board of
Directors of the Association, or by the Architectural Control
Committee [1] appointed by the Board.
- No structure or addition to a structure
shall be erected, placed or altered on any lot until the
specifications, including elevation, material, color and texture
and a site plan showing location of improvement with grading
modifications shall be approved in writing by the Board of
Directors of the Association or an Architectural Control Committee
appointed by the Board. Structure shall be defined to include any
building or portion thereof, fence, pavement, driveway or
appurtenances to any of the aforementioned.
- No junk vehicle or house trailer shall be
kept on any lot. No storage or boats, boating equipment, travel
trailers or camping equipment shall be visible from the street. The
location and design of enclosures for boating, camping, traveling
(other than automobiles) and related equipment shall be approved by
the Architectural Control Committee, as required under Paragraph 9
therein.
- The Association, or any Owner, shall have
the right to enforce, by any proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Deed of
Dedication and Subdivision. Failure by the Association or by an
Owner to enforce any covenant or restriction herein contained shall
in no event be deemed a waiver of the right to do so
thereafter.
- Invalidation of any one of these covenants
or restrictions by judgement or court order shall in no way affect
any other provisions which shall remain in full force and
effect.
- The covenants and restrictions of this Deed
of Dedication and Subdivision shall run with and bind the land, and
shall inure to the benefit of and be enforceable by the Association
or the Owner of any lot subject to this Deed of Dedication and
Subdivision, their respective legal representatives, heirs,
successors and assigns, for a term of twenty (20) years from the
date of this Deed of Dedication and Subdivision is recorded, after
which time said covenants shall be automatically extended for
successive periods of ten (10) years. The covenants and
restrictions of this Deed of Dedication and Subdivision may be
amended during the first twenty (20) years by an instrument signed
by not less than ninety percent (90%) of the Lot Owners, and
thereafter by an instrument signed by no less than seventy-five
percent (75%) of the Lot Owners, provided that in either case the
amendment shall also be approved by the Town Manager of the Town of
Herndon, Virginia. Any amendment must be properly executed.
[1] The current term used is the
Architectural Review Committee (ARC), which reports to the HCHA
Board of Directors