Covenant Compliance
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The sole intent of these guidelines and schedule is to protect and support the integrity of our neighborhood rules and covenants, through an equitable and consistent process, in order to maintain lot/homeowner property value. A Property Owner’s Association is a unique community which bridges neighborly interaction with civic responsibility, and it does so through volunteer efforts and commitment to sustain the intent and purpose of the restrictions and covenants. The rules and covenants are a foundation of security that each lot/homeowner can expect from his or her investment in the community. Unfortunately, there are times when their support and enforcement become necessary. As such, the Board of Directors has determined the following process and schedule shall be in place for handling property owners who violate our restrictions and covenants.
Process for reporting and follow up on covenant violation:
In the event you suspect a violation, send an email to the Board at [email protected]. The email should summarize the alleged issue, and include Lot Number, Property Address, or Location of Property for the violation. Sufficient summary and information will prompt a Board Review to determine if a violation exists. The Board will not investigate anonymous submissions, please include your contact information.
(1) Property owners deemed to be in violation will receive a Violation Letter (Letter 1) from the Board, describing the violation, along with a reminder of the rule and covenant. The property owner will be offered 30 days to correct the violation. This will avoid further Board action.
(2) If the violation is not handled properly by within the 30 day time frame, a second Violation Letter (Letter 2) will be sent, documenting that the issue remains unresolved and requesting appropriate action to be taken within 15 days. This letter will outline a potential fine based on the category or degree of violation.
(3) If the violation remains unresolved, a third and final Violation Letter (Letter 3) will be sent, documenting the situation and serving as notice of the fine to be imposed. This letter will also advise the property owner of the date of our next Board of Directors meetings, offering him or her the opportunity to address the situation or dispute any fines. This letter will further advise the property owner that if fines and penalties exceed $5,000, a lien may be placed against the property in this amount, along with additional attorney’s fees and associated costs.
Process for reporting and follow up on covenant violation:
In the event you suspect a violation, send an email to the Board at [email protected]. The email should summarize the alleged issue, and include Lot Number, Property Address, or Location of Property for the violation. Sufficient summary and information will prompt a Board Review to determine if a violation exists. The Board will not investigate anonymous submissions, please include your contact information.
(1) Property owners deemed to be in violation will receive a Violation Letter (Letter 1) from the Board, describing the violation, along with a reminder of the rule and covenant. The property owner will be offered 30 days to correct the violation. This will avoid further Board action.
(2) If the violation is not handled properly by within the 30 day time frame, a second Violation Letter (Letter 2) will be sent, documenting that the issue remains unresolved and requesting appropriate action to be taken within 15 days. This letter will outline a potential fine based on the category or degree of violation.
(3) If the violation remains unresolved, a third and final Violation Letter (Letter 3) will be sent, documenting the situation and serving as notice of the fine to be imposed. This letter will also advise the property owner of the date of our next Board of Directors meetings, offering him or her the opportunity to address the situation or dispute any fines. This letter will further advise the property owner that if fines and penalties exceed $5,000, a lien may be placed against the property in this amount, along with additional attorney’s fees and associated costs.
- In the case of an egregious violation, the board will replace Letter 1, with an immediate Cease and Desist Letter, including our attorney on copy. Should this occur, legal action, in addition to fines and penalties, may occur. An example of this would be clearing or commencing building on land without receiving the appropriate approvals, or building something outside of the design that has been approved.
Covent Violation Categories and Fine Schedule:
Note: The number that lists the Covenant as found in the Buck Spring Plantation original Rules &Covenants (1988) and updated allowable variances (1/1/2024). The fine structure is set up to correspond with the category, or priority ranking, of the infraction.
Category A - High Priority
These are construction covenants to regulate architectural design, dimensions, materials, property line set backs, utility and maintenance easements, and lot use. These covenants should be considered the minimal standard in determining acceptance of any and all building permits, and designed to confirm Board approval PRIOR to beginning any clearing or construction project. Unresolved infractions in Category A could result in a fine of up to $100 per day, following the 3rd notification.
1. All lots in the property shall be used for residential purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other than (1) one detached, single, family dwelling, basements and garages; (2) one one-story accessory outbuilding having the same major exterior finish and construction as the existing family dwelling then being constructed, and located at some point not more than 30 feet from the family dwelling with square footage of not more than 25% of the first floor area of the family dwelling, exclusive or porches, patios, basements and garages. The common areas may have non-residential structures built for recreational use as approved by the developer or its successors or assigns.
2. All residential buildings constructed on lots on the map herein above referred to shall have at least the following square footage of floor area, exclusive of porches, patios, basements and garages: (1) A one story house shall have at least 950 square feet. (2) A two-story house shall have at least 1600 square feet with at least 800 square feet on the first floor. (3) A one and one-half story house shall have at least 1350 square feet with a least 850 square feet on the first floor.
3. No building shall be located on a lot nearer then thirty feet to the road front property lines or ten feet to the side property lines.
4(a). No structure of a temporary character, trailer, mobile home, double wide mobile home, basement, tent, shack, garage, barn or other building shall be used on any lot, at any time, as a residence, either temporarily or permanently. Modular homes are permitted as long as they meet the following requirements:
1) Roof pitch to be a minimum of 4/12.
2) Interior ceiling height to be a minimum of 7 feet 6 inches.
3) Siding to be wood or brick
4) Floor systems to be of wood and not supported primarily by steel beams.
5. No building shall be erected, placed or altered on any lot in said development until the building plans, and plot plan showing the location of the buildings, have been approved by the developer, its successor or assigns prior to commencement of any construction. Failure to approve or disapprove such plans within thirty (30) days after such plans have been submitted will mean such approval will not be required and this covenant will be deemed to have been fully complied with. The developer failing to approve the plans within 30 days does not relieve the buyer from meeting all necessary standards as set out in the restrictive covenants.
6. All building materials used in the exterior construction of any structure shall be new materials, native stone or cleaned old brick, unless otherwise approved by the Developer/Owner, successor or assigns.
7. Cinder or concrete block, asphalt shingles, tar paper or metal shall be prohibited as a major exterior building material: provided, however, asphalt roofing shingles may be used for a roof and concrete block may be used for foundation if it is parged and stuccoed as to hide the block.
11. No metal or wire fencing to be allowed on any lot or portion thereof. Split–rail or other wooden fencing is permissible.
13. No lot or portion of a lot is to be clear-cut, except for the building site and a reasonable safety zone around such site. A strip of land not exceeding 30’ in width can be cleared at the water’s edge.
14. All mailboxes to be of a conventional style, painted black, and mounted on a wooden post with a minimum size of 4” x 4”.
16. All boat houses having “A-Type” roofs must have roofs the same type and color roofing as on the primary residence. All boat houses having flat roots are prohibited from using tin, fiberglass or plastic panels as a covering material. All siding applied to a boat house must be the same type used on the dwelling: however, if the dwelling is not constructed with a wood siding, then the boat house sizing must be approved by the developer or its assigns.
19. No lot or group or lots may be re-subdivided as to produce a greater number of lots.
20. The entire exterior of all residential buildings must be completed within ten months after starting or owner must get written approval of delays from the Developer/Owner, successors or assigns, of the Buck Spring Plantation Subdivision. All cement block foundations or basements must be finished with either brick, stone, paraged and stuccoed in such a manner as to conceal all mortar joints in the cement blocks.
23. All telephone electrical and other utility lines and connection between the main utility lines serving the premises and any building constructed on any building site shall be concealed and located underground so as not to be visible.
24. N/A
25. A lot or lots may be made subject by the Developer to further covenant, conditions and restrictions, as set forth in the deed to a purchaser, relating to the location of a building on a lot and as to the use of a lot in conjunction with adjacent property of Virginia Electric Power Company including that area inundated by Lake Gaston immediately in front of a lot. Plans for all boathouses, piers, docks, wharves and landing facilities shall be submitted to an authorized representative of the Developers of the Buck Spring Plantation Subdivision for their approval.
Category B - Medium Priority
These covenants regulate the general upkeep and maintenance of individual Lots within the development. These covenants are designed to secure a tidy and esthetic appearance in the community, not marred by rubbish or the accumulation of household or yard waste, weeds, or other items that could be considered an “eyesore”. Given the subjective nature of these covenants, some lenience might be applied to the interpretation and enforcement. Nonetheless, these remain a core standard within the covenants and should not be compromised. Unresolved infractions in Category B could result in a fine of up to $50 per day, following the 3rd notification.
8. No lot shall be used or maintained as a dumping ground for rubbish.
9. No abandoned automobiles, trucks, or nonfunctioning vehicles maybe left on any lots in the subdivision.
10. The collection or accumulation of trash, garbage, rubbish or weeds, must be removed from the premises, and all property shall be kept in an orderly and sanitary condition at all times.
12. A 40’ strip of land back from the property line abutting the roadways to be kept clear of all dead trees, underbrush and fallen limbs and branches.
Category C - Routine Priority
These covenants regulate permissible use and activities in the development that are intended to promote a tranquil and friendly atmosphere. Unresolved infractions in Category C could result in fines of up to $25 per day, following the 3rd notification.
4(b). No camping shall be permitted on any lot. Once the foundation has been started, a travel trailer or motor home may be used for up to a 2 day period.
15. Exterior lights should be done in such a fashion as to protect your neighbor’s privacy.
17. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
18. No animals or fowl shall be raised, bred or kept on any lot; provided, however, dogs, cats or any other household pets may be kept upon condition that they are not kept, bred or maintained for any commercial purpose.
21. No billboards, signboards, (except one suitable “for sale of site by owner” sign not exceeding 600 square inches in size) or unsightly objects of any kind shall be maintained on any lot. The Developer/Owner, its successors or assigns, may erect For Sale signs on unsold lots or improved property to be sold for individuals at their request.
22. Each owner of a lot agrees to become a member of the property owners association known as “Buck Spring Plantation Property Owners Association”. The owner or owners of each lot will have one membership and one vote, and the Association will have the power to levy reasonable annual assessments for the purpose of maintaining the roads in Buck Spring Plantation in the manner and the form hereinafter provided in the section titled “Covenant for Roads Maintenance Assessments”. The Developer is considered an association member for each lot owned but is not responsible for any dues.
Note: The number that lists the Covenant as found in the Buck Spring Plantation original Rules &Covenants (1988) and updated allowable variances (1/1/2024). The fine structure is set up to correspond with the category, or priority ranking, of the infraction.
Category A - High Priority
These are construction covenants to regulate architectural design, dimensions, materials, property line set backs, utility and maintenance easements, and lot use. These covenants should be considered the minimal standard in determining acceptance of any and all building permits, and designed to confirm Board approval PRIOR to beginning any clearing or construction project. Unresolved infractions in Category A could result in a fine of up to $100 per day, following the 3rd notification.
1. All lots in the property shall be used for residential purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other than (1) one detached, single, family dwelling, basements and garages; (2) one one-story accessory outbuilding having the same major exterior finish and construction as the existing family dwelling then being constructed, and located at some point not more than 30 feet from the family dwelling with square footage of not more than 25% of the first floor area of the family dwelling, exclusive or porches, patios, basements and garages. The common areas may have non-residential structures built for recreational use as approved by the developer or its successors or assigns.
2. All residential buildings constructed on lots on the map herein above referred to shall have at least the following square footage of floor area, exclusive of porches, patios, basements and garages: (1) A one story house shall have at least 950 square feet. (2) A two-story house shall have at least 1600 square feet with at least 800 square feet on the first floor. (3) A one and one-half story house shall have at least 1350 square feet with a least 850 square feet on the first floor.
3. No building shall be located on a lot nearer then thirty feet to the road front property lines or ten feet to the side property lines.
4(a). No structure of a temporary character, trailer, mobile home, double wide mobile home, basement, tent, shack, garage, barn or other building shall be used on any lot, at any time, as a residence, either temporarily or permanently. Modular homes are permitted as long as they meet the following requirements:
1) Roof pitch to be a minimum of 4/12.
2) Interior ceiling height to be a minimum of 7 feet 6 inches.
3) Siding to be wood or brick
4) Floor systems to be of wood and not supported primarily by steel beams.
5. No building shall be erected, placed or altered on any lot in said development until the building plans, and plot plan showing the location of the buildings, have been approved by the developer, its successor or assigns prior to commencement of any construction. Failure to approve or disapprove such plans within thirty (30) days after such plans have been submitted will mean such approval will not be required and this covenant will be deemed to have been fully complied with. The developer failing to approve the plans within 30 days does not relieve the buyer from meeting all necessary standards as set out in the restrictive covenants.
6. All building materials used in the exterior construction of any structure shall be new materials, native stone or cleaned old brick, unless otherwise approved by the Developer/Owner, successor or assigns.
7. Cinder or concrete block, asphalt shingles, tar paper or metal shall be prohibited as a major exterior building material: provided, however, asphalt roofing shingles may be used for a roof and concrete block may be used for foundation if it is parged and stuccoed as to hide the block.
11. No metal or wire fencing to be allowed on any lot or portion thereof. Split–rail or other wooden fencing is permissible.
13. No lot or portion of a lot is to be clear-cut, except for the building site and a reasonable safety zone around such site. A strip of land not exceeding 30’ in width can be cleared at the water’s edge.
14. All mailboxes to be of a conventional style, painted black, and mounted on a wooden post with a minimum size of 4” x 4”.
16. All boat houses having “A-Type” roofs must have roofs the same type and color roofing as on the primary residence. All boat houses having flat roots are prohibited from using tin, fiberglass or plastic panels as a covering material. All siding applied to a boat house must be the same type used on the dwelling: however, if the dwelling is not constructed with a wood siding, then the boat house sizing must be approved by the developer or its assigns.
19. No lot or group or lots may be re-subdivided as to produce a greater number of lots.
20. The entire exterior of all residential buildings must be completed within ten months after starting or owner must get written approval of delays from the Developer/Owner, successors or assigns, of the Buck Spring Plantation Subdivision. All cement block foundations or basements must be finished with either brick, stone, paraged and stuccoed in such a manner as to conceal all mortar joints in the cement blocks.
23. All telephone electrical and other utility lines and connection between the main utility lines serving the premises and any building constructed on any building site shall be concealed and located underground so as not to be visible.
24. N/A
25. A lot or lots may be made subject by the Developer to further covenant, conditions and restrictions, as set forth in the deed to a purchaser, relating to the location of a building on a lot and as to the use of a lot in conjunction with adjacent property of Virginia Electric Power Company including that area inundated by Lake Gaston immediately in front of a lot. Plans for all boathouses, piers, docks, wharves and landing facilities shall be submitted to an authorized representative of the Developers of the Buck Spring Plantation Subdivision for their approval.
Category B - Medium Priority
These covenants regulate the general upkeep and maintenance of individual Lots within the development. These covenants are designed to secure a tidy and esthetic appearance in the community, not marred by rubbish or the accumulation of household or yard waste, weeds, or other items that could be considered an “eyesore”. Given the subjective nature of these covenants, some lenience might be applied to the interpretation and enforcement. Nonetheless, these remain a core standard within the covenants and should not be compromised. Unresolved infractions in Category B could result in a fine of up to $50 per day, following the 3rd notification.
8. No lot shall be used or maintained as a dumping ground for rubbish.
9. No abandoned automobiles, trucks, or nonfunctioning vehicles maybe left on any lots in the subdivision.
10. The collection or accumulation of trash, garbage, rubbish or weeds, must be removed from the premises, and all property shall be kept in an orderly and sanitary condition at all times.
12. A 40’ strip of land back from the property line abutting the roadways to be kept clear of all dead trees, underbrush and fallen limbs and branches.
Category C - Routine Priority
These covenants regulate permissible use and activities in the development that are intended to promote a tranquil and friendly atmosphere. Unresolved infractions in Category C could result in fines of up to $25 per day, following the 3rd notification.
4(b). No camping shall be permitted on any lot. Once the foundation has been started, a travel trailer or motor home may be used for up to a 2 day period.
15. Exterior lights should be done in such a fashion as to protect your neighbor’s privacy.
17. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
18. No animals or fowl shall be raised, bred or kept on any lot; provided, however, dogs, cats or any other household pets may be kept upon condition that they are not kept, bred or maintained for any commercial purpose.
21. No billboards, signboards, (except one suitable “for sale of site by owner” sign not exceeding 600 square inches in size) or unsightly objects of any kind shall be maintained on any lot. The Developer/Owner, its successors or assigns, may erect For Sale signs on unsold lots or improved property to be sold for individuals at their request.
22. Each owner of a lot agrees to become a member of the property owners association known as “Buck Spring Plantation Property Owners Association”. The owner or owners of each lot will have one membership and one vote, and the Association will have the power to levy reasonable annual assessments for the purpose of maintaining the roads in Buck Spring Plantation in the manner and the form hereinafter provided in the section titled “Covenant for Roads Maintenance Assessments”. The Developer is considered an association member for each lot owned but is not responsible for any dues.