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:
Property owners with a violation will receive a Violation Letter (Letter 1) from the Board of BSP, reminding them of rule and covenant, along with a description of their violation. The property owner will be offered 30 days from the date of the notice to correct or rectify the violation, noting that this will avoid a fine.
If the violation is not handled properly by the property owner 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 of the date of the second letter. This letter will confirm the fine amount.
If the violation remains unresolved, a third and final Violation Letter (Letter 3) will be sent, documenting the situation and serve as the fine schedule start date. This letter will also advise the property owner of the date of our next Board of Directors meetings, offering the opportunity for him or her to address 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:
Property owners with a violation will receive a Violation Letter (Letter 1) from the Board of BSP, reminding them of rule and covenant, along with a description of their violation. The property owner will be offered 30 days from the date of the notice to correct or rectify the violation, noting that this will avoid a fine.
If the violation is not handled properly by the property owner 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 of the date of the second letter. This letter will confirm the fine amount.
If the violation remains unresolved, a third and final Violation Letter (Letter 3) will be sent, documenting the situation and serve as the fine schedule start date. This letter will also advise the property owner of the date of our next Board of Directors meetings, offering the opportunity for him or her to address 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 Enforcement and Fine Schedule:
An infraction/violation of any of these covenants will precipitate a review and initiate a written response from the committee or board. Unresolved violations may incur a fine relative to the category of the violation. Unresolved violations may incur a fine relative to the category and shall not exceed $100/day until the matter is resolved. As in all other cases involving the levying of fines, the Association reserves the right to initiate formal collection procedures if deemed necessary.
Note: The number that lists the covenants in these guidelines matches those found in the original R&C (1988).
Category A - Architectural, Design, Construction Covenants - High Priority
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.
4a. 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.
7. 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.
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 - General Up-Keep and Maintenance Covenants - Medium Priority
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 - Use and Activities Covenants - Routine Priority
4b. 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.
VIOLATION ENFORCEMENT GUIDELINES
Category A Covenants regulate architectural design, dimensions, materials, property line set-backs, utility and maintenance easements, and lot use. These covenants should be considered the minimal standards in determining the acceptance of any and all building permits PRIOR to the beginning of any clearing or construction phase. They are designed to protect and foster an homogenous residential application by prospective lot owners in planning future home construction.
Failure of the Developer, homeowner/prior homeowner, its successors or assigns, to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so thereafter.
As per Covenant 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.”
If a violation/infraction is identified, a letter from the Executive Board will be submitted to the homeowner/builder/offender advising the parties involved of their breech. A period of thirty (30) days will be allowed for the homeowner/builder/offender to come into compliance with the appropriate covenant(s). If the violation/infraction remains unresolved after thirty (30) days, a fine not to exceed $100/day will be levied against the property for as long as the matter remains unresolved. After thirty (30) days delinquency, the owner will be given another letter requiring payment in fifteen (15) days; and if no payment is received in that timeframe, the Association may initiate collection/foreclosure.
Category B Covenants regulate the general upkeep and maintenance of individual lots in the development. As such, these covenants are designed to secure a tidy and esthetic appearance in the community not marred by rubbish or the accumulation of trash, garbage or weeds, which can promote unsanitary and unsafe conditions. Given the subjective nature of what constitutes an “eyesore”, some lenience might be applied to the interpretation and enforcement of these covenants, but nonetheless, they remain a core standard which cannot be comprimised.
A breach of any of these covenants, while not necessarily a High Priority infraction, nevertheless, if identified, will initiate a response from the Executive Board and/or its representatives. The lot or home owner in question will receive a “friendly” reminder from the HOA Secretary advising them of thier specific infraction/violation with the stipulation that the infraction/violation be addressed within a thirty (30) day period. If no progress towards resolution is observed within that “grace” period, a second letter will be submitted from legal counsel which will establish a final thirty (30) day period to reach compliance. If, at the end of this second grace period, the infraction/violation remains unresolved, the Executive Board will meet to determine an appropriate fine which could be up to, but not exceed $100/day until the infraction/violation has been satisfactorily resolved. If the infraction/violation remains unresolved, the Association reserves the right to initiate collection.
Category C Covenants regulate permissible use and activities in the development. These covenants are intended to promote a tranquil and friendly atmosphere.
An infraction/violation of any of these covenants will precipitate a board review and initiate a written response from the board. Homeowners will have a 30 day period to address and resolve infractions. If no progress towards resolution is observed within that grace period, a second letter will be submitted from the Board which will establish a final 30 day period to reach compliance. If, at the end of the second grace period, the infraction/violation remains unresolved, the Board will meet to determine an appropriate fine, relative to the category of the violation, which could be up to, but not exceed $100 per day until the infraction violation has been resolved.. As in all other cases involving the levying of fines, the Association reserves the right to initiate formal collection procedures if deemed necessary.
Fine schedule
The fine schedule has been set up to correspond with a priority ranking of the violation as compared to the Restrictions and Covenants set forth in the original document (1/12/1988) and the updated variances (1/1/2024).
Category A High Priority
Include covenants regulating architectural design, dimensions, material use, set backs, and other requirements for new construction and/or modifications to existing property. This is intended to confirm that new construction and/or modifications are documented and obtain appropriate ARC approval.
Fine: $100 per day beginning on the date of Letter 3
Category B Medium Priority
Include covenants associated with property maintenance and general up-keep, designed to ensure the development upholds a tidy and aesthetically pleasing appearance. Examples in the category include, but are not limited to, dumping or accumulation of trash, rubbish (including sticks, logs, downed trees) on property, automobiles, trailers, or other vehicles left roadside for extended periods of time.
Fine: $50 per day beginning on the date of Letter 3
Category C Routine Priority
Include covenants regulating permissible use and activities in the development, intended to promote a tranquil and friendly atmosphere. Examples include, but are not limited to, extended camping on premises, noxious or offensive noise, language, or music, exterior lighting that would disturb neighboring properties, barking dogs, and other similar occurrences.
Fines: $25 per day beginning on the date of Letter 3
To report a violation log into the owners portal on pay HOA and click the compliance widget request.
An infraction/violation of any of these covenants will precipitate a review and initiate a written response from the committee or board. Unresolved violations may incur a fine relative to the category of the violation. Unresolved violations may incur a fine relative to the category and shall not exceed $100/day until the matter is resolved. As in all other cases involving the levying of fines, the Association reserves the right to initiate formal collection procedures if deemed necessary.
Note: The number that lists the covenants in these guidelines matches those found in the original R&C (1988).
Category A - Architectural, Design, Construction Covenants - High Priority
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.
4a. 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.
7. 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.
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 - General Up-Keep and Maintenance Covenants - Medium Priority
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 - Use and Activities Covenants - Routine Priority
4b. 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.
VIOLATION ENFORCEMENT GUIDELINES
Category A Covenants regulate architectural design, dimensions, materials, property line set-backs, utility and maintenance easements, and lot use. These covenants should be considered the minimal standards in determining the acceptance of any and all building permits PRIOR to the beginning of any clearing or construction phase. They are designed to protect and foster an homogenous residential application by prospective lot owners in planning future home construction.
Failure of the Developer, homeowner/prior homeowner, its successors or assigns, to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so thereafter.
As per Covenant 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.”
If a violation/infraction is identified, a letter from the Executive Board will be submitted to the homeowner/builder/offender advising the parties involved of their breech. A period of thirty (30) days will be allowed for the homeowner/builder/offender to come into compliance with the appropriate covenant(s). If the violation/infraction remains unresolved after thirty (30) days, a fine not to exceed $100/day will be levied against the property for as long as the matter remains unresolved. After thirty (30) days delinquency, the owner will be given another letter requiring payment in fifteen (15) days; and if no payment is received in that timeframe, the Association may initiate collection/foreclosure.
Category B Covenants regulate the general upkeep and maintenance of individual lots in the development. As such, these covenants are designed to secure a tidy and esthetic appearance in the community not marred by rubbish or the accumulation of trash, garbage or weeds, which can promote unsanitary and unsafe conditions. Given the subjective nature of what constitutes an “eyesore”, some lenience might be applied to the interpretation and enforcement of these covenants, but nonetheless, they remain a core standard which cannot be comprimised.
A breach of any of these covenants, while not necessarily a High Priority infraction, nevertheless, if identified, will initiate a response from the Executive Board and/or its representatives. The lot or home owner in question will receive a “friendly” reminder from the HOA Secretary advising them of thier specific infraction/violation with the stipulation that the infraction/violation be addressed within a thirty (30) day period. If no progress towards resolution is observed within that “grace” period, a second letter will be submitted from legal counsel which will establish a final thirty (30) day period to reach compliance. If, at the end of this second grace period, the infraction/violation remains unresolved, the Executive Board will meet to determine an appropriate fine which could be up to, but not exceed $100/day until the infraction/violation has been satisfactorily resolved. If the infraction/violation remains unresolved, the Association reserves the right to initiate collection.
Category C Covenants regulate permissible use and activities in the development. These covenants are intended to promote a tranquil and friendly atmosphere.
An infraction/violation of any of these covenants will precipitate a board review and initiate a written response from the board. Homeowners will have a 30 day period to address and resolve infractions. If no progress towards resolution is observed within that grace period, a second letter will be submitted from the Board which will establish a final 30 day period to reach compliance. If, at the end of the second grace period, the infraction/violation remains unresolved, the Board will meet to determine an appropriate fine, relative to the category of the violation, which could be up to, but not exceed $100 per day until the infraction violation has been resolved.. As in all other cases involving the levying of fines, the Association reserves the right to initiate formal collection procedures if deemed necessary.
Fine schedule
The fine schedule has been set up to correspond with a priority ranking of the violation as compared to the Restrictions and Covenants set forth in the original document (1/12/1988) and the updated variances (1/1/2024).
Category A High Priority
Include covenants regulating architectural design, dimensions, material use, set backs, and other requirements for new construction and/or modifications to existing property. This is intended to confirm that new construction and/or modifications are documented and obtain appropriate ARC approval.
Fine: $100 per day beginning on the date of Letter 3
Category B Medium Priority
Include covenants associated with property maintenance and general up-keep, designed to ensure the development upholds a tidy and aesthetically pleasing appearance. Examples in the category include, but are not limited to, dumping or accumulation of trash, rubbish (including sticks, logs, downed trees) on property, automobiles, trailers, or other vehicles left roadside for extended periods of time.
Fine: $50 per day beginning on the date of Letter 3
Category C Routine Priority
Include covenants regulating permissible use and activities in the development, intended to promote a tranquil and friendly atmosphere. Examples include, but are not limited to, extended camping on premises, noxious or offensive noise, language, or music, exterior lighting that would disturb neighboring properties, barking dogs, and other similar occurrences.
Fines: $25 per day beginning on the date of Letter 3
To report a violation log into the owners portal on pay HOA and click the compliance widget request.