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Restrictive Covenants
Question: WHAT ARE THEY?
Answer: A covenant is an agreement – in this case, an agreement between the homeowners of Canterbury Woods regarding how we want to live in our community. Like other subdivisions have done, we have formalized our Covenants into a document that governs the rights and obligations of property owners relating to use of their property. Restrictions affect the placement, use, and appearance of buildings, improvements, and personal property, as well as limitations on pets, signs, and offensive activity.
Question: TO WHOM DO THEY APPLY?
Answer: To all persons (owners, leaseholders, renters, guests) residing in Canterbury Woods, as well as to absentee owners of Canterbury Woods homes.
Question: WHO ESTABLISHED THEM?
Answer: The original Canterbury Woods Restrictive Covenants were established by the developers of Canterbury Woods in 1964. They were revised by a majority of homeowners in the spring of 2003. The Canterbury Woods Covenants are similar in nature, intent, and language to covenants in nearby subdivisions, and many of them parallel Fairfax County Zoning Laws and Ordinances.
Question: WHO ENFORCES THEM?
Answer: Our covenants are voluntarily adhered to by Canterbury Woods residents and homeowners; those covenants which are covered by Fairfax County Ordinances are enforced through the County. On matters regarding buildings in Canterbury Woods, the Covenants establish an Architectural Control Committee (Covenant 1) with oversight concerning the erection, placement or alterations of all structures. The Architectural Control Committee is responsible for supervising the enforcement of Covenants 2-9. The Canterbury Woods Civic Association, represented by its Executive Board, is responsible for supervising the enforcement of Covenants 10-18 which refer to activity on — and use of — the property.
Question: WHAT ACTION IS REQUIRED OF OWNERS AND RESIDENTS?
Answer: Canterbury Woods owners and residents are expected to act in accordance with the Covenants. Please contact the Architectural Control Committee before commencing any building or alteration or erecting a fence. Normal upkeep such as painting, repairs, and roof replacement does not require Committee approval unless it impacts on the “harmony of external design with existing structures.”
Question: HOW ARE THE COVENANTS AMENDED OR MODIFIED?
Answer: The Canterbury Woods Restrictive Covenants can be modified at any time in whole or in part as long as a simple majority of homeowners (259 of 517) approve the changes. The Canterbury Woods Civic Association, acting through its Executive Board, administers the Covenants and supervises their revision.
Question: DO THE COVENANTS SUPERSEDE FAIRFAX COUNTY ZONING LAWS OR ORDINANCES?
Answer: NO. Canterbury Woods owners and residents are responsible for complying with all applicable Fairfax County Zoning Laws and Ordinances, as well as with all local, State and Federal Law. The Restrictive Covenants place additional requirements and restrictions on the owners and residents relating to use of their property for the mutual benefit of all those who live or own property in the community. Fairfax County enforces local ordinances and zoning laws; however, the Canterbury Woods Civic Association Executive Board may be able to assist owners and residents in working with the County to enforce them.
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