Restrictive Covenants for All Sections of Queensmill
Revised October 16, 2006
Effective December 18, 2006
WHEREAS, Queensmill Civil Association, Inc. (the “QCA”), a Virginia non-stock corporation, comprised of a voluntary membership of homeowners in the Queensmill Subdivision located in Chesterfield, Virginia, has drafted these “First Revised Declarations of Restrictions and Conditions for the Queensmill Subdivision” (the “Covenants”), and presented these Covenants to each and every homeowner in the Queensmill subdivision for approval.
WHEREAS, a two-thirds majority of the homeowners in the Queensmill subdivision have voted to approve the Covenants and wishes to declare certain restrictive covenants with respect to all of the property and homes located in the Queensmill subdivision.
NOW THEREFORE, the QCA and a two-thirds majority of the homeowners in the Queensmill subdivision do hereby declare that the Covenants contained herein shall be covenants running with the land and shall apply to the lands described in Exhibit “A” attached hereto (the “Properties”), and such additions thereto as may hereinafter be made. The QCA and the homeowners in the Queensmill subdivision reserve in each instance the right to add additional restrictive covenants in respect to lands to be conveyed in the future within the Properties, or to limit therein the application of this Declaration.
The QCA shall have the express right and privilege to enforce any of these Restrictions and Conditions upon Queensmill homeowners. Any homeowner in the Queensmill subdivision may be a member of the QCA, so long as he or she pays the dues set by the QCA for such membership; however, membership in the QCA shall not be mandatory and mandatory dues shall not be imposed upon Queensmill homeowners.
No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed three stories in height, a private garage for not more than three automobiles, and other outbuilding or garage constructed using materials and traditional color schemes that are in conformity with the residence and outbuilding shall be a minimum size of 10’ x 12’. Plans and specifications for proposed construction and the location of the proposed construction shall be approved by the QCA or any group or body organized thereunder for the purposes of architectural review. The location plans must show front and side yard setbacks.
Before commencing the erection of any building in this subdivision any owner shall obtain the written approval of the QCA or any group or body organized thereunder for the purposes of architectural review and shall to that end furnish to it such statements, information and references as it may request. Any approval so given may be withdrawn at any time by the QCA by written notice received by the owner, but such withdrawal shall not prevent the owner’s completion of the erection of any building commenced before the owner’s receipt of such written notice.
The QCA’s approval as required above and herein shall be in writing, and in the absence of such written approval, construction plans, specifications and location plans shall be considered disapproved. QCA shall grant approval or disapproval within 60 days of receipt of the request. The QCA shall maintain a record of each and every written approval and such record of written approvals shall be available for review upon request of any homeowner. Plans, buildings, and construction activity approved, without written notice being given to the proponent thereof, prior to the date of the recordation of these Covenants, shall be exempt from the written approval requirements contained herein.
No plans for a primary dwelling to be constructed in Queensmill shall be submitted for such approval unless the living area of such dwelling, exclusive of one story open porches, attics, and garages shall be at least 1400 square feet for one story residences and 1800 square feet for two story residences. In the case of the rebuilding of an existing home, the QCA may, at its discretion, set aside the size limitations of this covenant. Dwelling must be constructed using materials and traditional color schemes conforming to Queensmill subdivision.
Only one residence shall be erected or placed on a single lot, and no lot after its original conveyance to an individual homeowner who resides on the lot, shall be subdivided into smaller lots or parcels without the permission of the QCA and provided such subdivision is allowed under local ordinances and/or state laws and regulations.
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
No motor homes, RV’s, campers, trailers or boats shall be parked between a residence and the street line, and whenever practical shall not be located other than to the rear of the residence.
No temporary structure, trailer, tent, shack, garage or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
No commercial sign of any kind shall be displayed to the public view except the following: (a) one professional sign of not more than five square feet advertising the property for sale or rent; (b) one professional sign of not 3more than five square feet by a builder to advertise the property during the construction and sales period; or (c) one professional sign of not more than five square feet by a contractor to advertise during the period any work is performed on such property or residence by said contractor.
No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats, or other household pets may be kept on the property so long as they are not kept, bred or maintained for commercial purposes.
No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. No rubbish, trash, garbage and other waste shall be kept on any lot except in sanitary containers and all equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
Each and every restriction and condition herein imposed may be enforced by the QCA or by the owner of any lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and to recover damages therefore.
No skate board structures or portable swimming pools, which have walls or sides of more than 24 inches in height, shall be installed or used on any lot. Any pools permitted cannot be located other than to the rear of the residence.
No exterior radio tower antenna or television antenna shall be constructed or installed on a lot in this subdivision. No satellite dish shall be permitted between the front of the residence and street line.
No fence shall be erected on any portion of any lot except in accordance with plans and specifications for construction thereof approved in writing by the QCA, its successors and assigns and filed in its office, provided, however, that the QCA agrees to be reasonable in considering requests for construction of fences and hereby sets forth the general standards to be used in considering requests thereof. No fence or hedge shall be permitted between the front of the residence and street line. No fence or hedge shall be higher than 48 inches, except by approval of the QCA.
These Covenants may be amended only by the affirmative vote or written consent, or any combination thereof, of lot owners representing at least sixty-six and two thirds percent (66 2/3%) of the total lots in the Queensmill Subdivision. Each lot within the Queensmill Subdivision shall be entitled to one (1) vote. Any amendment to be effective must be recorded in the Clerk’s Office of the Circuit Court of Chesterfield County, Virginia. If any owner consents to any amendment to these covenants, it will be conclusively presumed that such owner has the authority to consent and no contrary provision in any Mortgage or contract between the owner and a third party will affect the validity of such amendment. Any procedural challenge to any amendment to these covenants must be presented to the QCA and filed in the Chesterfield County Circuit Court no later than one year from the date such amendment was recorded in the land records of Chesterfield County, Virginia.
Note that the restrictions set forth shall not apply to, nor restrict, the construction and operation of recreational facilities for the use of Queensmill Recreation Association, said recreational facilities of Queensmill Recreation Association being for the benefit of the residents of Queensmill Subdivision and subject to the approval of the County of Chesterfield.
The conditions and restrictions of this document shall run with and bind the Properties, and shall inure to the benefit of and shall be enforceable by the QCA or the owner of any property subject to these Covenants, their respective legal representatives, heirs, successors, and assigns, for a term of fifty (50) years from the date they are recorded, after which time they shall be automatically extended for successive periods of ten (10) years.