Covenants, Constitution, By-Laws

Covenants

 

All of the lots in the Canterbury Woods subdivisions shall be subject to the following restrictive covenants which shall remain in force until an instrument, signed by a majority of the then owners of the lots, has been agreed to changing these covenants in whole or in part.  An Architectural Control Com­mit­tee, established through Covenant 1, shall supervise Covenants 2 through 9. The Canterbury Woods Civic Association, acting through its Executive Board, shall supervise Covenants 10 through 18.  Invalidation of any of these covenants or restrictions by judgment or court order shall in no wise affect any other provi­sions that shall remain in full force and effect.

 

  1. There is established an Architectural Control Committee, with initial membership determined by the real estate developer of Canterbury Woods, to supervise paragraphs 2 through 9 of these restrictive coven­ants. A majority of the Architectural Control Committee may designate a represen­ta­tive to act for it.  In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor.  Neither the members of the Committee, nor any designated representa­tive, shall be entitled to any compensation for services performed pursuant to this covenant.  At any time, a majority of the record owners of the lots shall have the power, through a duly executed written instrument, to change the mem­ber­ship of the Committee, or to withdraw from the Committee or restore to it any of its powers and duties.  The Committee’s approval or disap­proval as required in these covenants shall be in writing.  In the event the Com­mittee, or its desig­nated representative, fails to approve or disap­prove plans and specifications within 30 days after they have been submitted to it, or in any event, if no suit to enjoin the construction has been com­menced prior to the completion thereof, approval will not be required and the relative covenants will be deemed to have been fully complied with.
  2. No lot or part of said premises shall be used except for residential purposes with the exception of lot 5 (Canterbury Woods Swim Club, Inc), which is expressly excluded from this restriction.  Home-based businesses are exempt from this restriction only if they are allowable under Fairfax County ordinances, do not increase vehicular traffic, and do not entail or require activity on the lot that is visible from the street or from any other lot.
  3. No residential building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height, and an attached private garage, or a detached garage connected to the dwelling by a continuous roof, for not more than two vehicles.  The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 750 square feet for a one-story dwelling, nor less than 450 square feet for a dwelling of more than one story.
  4. Easements for installations and maintenance of utilities and drainage facilities are reserved over the rear 5 feet of each lot.
  5. No building shall be erected, altered, placed or permitted to remain on any lot without the written approval of the Architectural Control Com­mittee.  All approved construction, altera­tion, or placement shall be in accordance with Fairfax County ordinances, properly permitted as to quality of workmanship and materials and as to location with respect to topography and finish grade elevation, and be in harmony with respect to external design with existing structures.  For all new construction, altera­tion, or placement, the owner shall submit in writing to the Architec­tural Control Committee a preliminary or con­cep­tual design for its approval prior to com­men­cing the construction, alteration, or placement. Upon approval, the owner is free to implement such construc­tion, alteration, or placement in accordance with Fairfax County ordinances.
  6. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building set back lines shown on the recorded plat.  In any event, no building shall be located on any lot nearer than 25 feet to the front lot line or nearer than 25 feet to any side street line.  No outbuilding shall be located nearer than 5 feet to any interior lot line.  No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line.  For the purposes of this covenant, eaves, steps, carports, and open porches shall not on any lot be on other than one detached single-family dwelling not to exceed two and one-half stories in height, and a private garage for not more than two vehicles.
  7. No dwelling shall be erected or placed on any lot having a width of less than 55 feet at the building line, nor shall any dwelling be erect­ed or placed on any lot to encroach upon an adjacent lot.
  8. No building shall be placed nor shall any mater­ial or refuse be placed or stored on any lot within 20 feet of the property line of any park or edge of any open water course, except that clean fill may be placed nearer, provided that the natural water course is not altered or blocked by such fill.
  9. No fence or wall shall be erected, placed or alter­ed on any lot nearer to any street than the mini­mum building set back line unless approved by the Architectural Control Com­mittee.  No fence or enclosure shall be built upon or around any lot nearer to the street or avenue upon which the lots front, than the rear line of the residential structure situated on the side lot, which rear line is determined by extending to each side line of said lot a line parallel to and contiguous with the rear outline of said residential structure.  Such fence or enclosure must be a neat wire, wood, wood rail, stone, brick, or vinyl fence not over six feet in height.  Lots with pools must comply with all applicable Fairfax County ordinances related to fencing and access control.
  10. No noxious or offensive activity shall be carried on upon any lot or any portion of the common area, nor shall anything be done or placed thereon which may become an annoy­ance or nuisance to the neighborhood.  Property owners shall, at all times, maintain their property and all appurtenances thereto in good repair and in a state of neat appearance.  Except for flower beds, vegetable or rock gardens, shrubs, and trees which shall be neatly maintained, all open lot areas shall be neatly maintained as lawns or other ground cover and kept mowed or trimmed at a uniform height.
  11. No structure of a temporary character, trailer, base­ment, tent, shack, garage, barn or other out­building shall be used on any lot at any time as a residence, either temporarily or permanent­ly.
  12. No junk vehicle, house trailer, or commercial vehicles, such as but not limited to moving vans, trucks, tractors, wreckers, hearses, com­pressors, concrete mixers or buses, shall be kept on any lot or any portion of the common areas.  Storage on any lot of boats, travel trailers, camp­ing equip­ment or trailers shall be hidden as much as possi­ble from view from the street.
  13. Vehicular parking shall be on concrete, asphalt, or other hard surfaces only; parking vehicles on lawn surfaces is prohibited except for brief periods for loading or unloading.
  14. No clothing, laundry, or wash shall be aired or dried on any portion of any lot other than in the rear of the lot.
  15. No sign of any kind that is illuminated and/or is larger than four square feet shall be display­ed to the public view on any lot, except temporary real estate signs 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.
  16. No horse, pony, cow, chicken, pig, hog, sheep, goat, or other domestic or wild animal shall be kept or maintained on any lot or any portion on the common areas; however, household pets, such as dogs, cats, may be kept or main­tained provided that they are not kept, bred, or main­tained for commercial purposes and do not create a nuisance or annoyance to surrounding lots or the neighborhood.
  17. No lot shall be used or maintained as a dump­ing ground for rubbish or appliances. Trash and garbage contain­ers shall not be permitted to remain in open public view at the curb except on days of trash collection or on the evening before such days.  No accumulation or storage of litter, new or used building material, or trash of any other kind shall be permitted on any lot. Trash, garbage or other waste shall not be kept except in sanitary containers or as otherwise prescrib­ed by Fairfax County Ordinances. All other equipment for the storage and disposal of such material shall be kept in a clean condition.  Recycling shall be kept in closed containers if stored outside of a residence or garage.
  18. No tree, hedge or shrub planting shall be maintained in such a manner as to obstruct sight lines for vehicular traffic or to obstruct public walkways or imperil safety.

Constitution

 

ARTICLE I — Name

  1. This Association shall be known as Canterbury Woods Civic Association.

ARTICLE II — Purpose

  1. The purpose of this non-profit association is that of promoting civic betterment and community improvements in the Canterbury Woods and vicinity area of Fairfax County, Virginia.

ARTICLE III — Membership

  1. The membership shall consist of those adult property owners and/or lessees of Canterbury Woods subdivisions and those property owners on Nero Street and Candace Lane who have currently complied with the dues requirements as provided in the By-Laws.

ARTICLE IV — Officers

  1. The officers of this Association shall be a President, Vice-President, Secretary, Treasurer, and Member-at-Large.  In addition to the duties usually prescribed for those officers, they shall have the following specific powers and duties:
  • A. The President shall call and preside at all meetings and shall have the right to vote on all questions. The President shall appoint all committees and appointive officers and shall be an ex-officio member of all committees.
  • B. The Vice-President shall preside at all meetings and functions of the Association in the absence of the President. In the absence of both, the Secretary shall designate a temporary presiding officer. The Vice-President shall also carry out such duties and functions as may be delegated by the President.
  • C. The Secretary shall keep a roll of the officers, committee members, appointive officers and members in good standing of the Association, shall keep the minutes of meetings and all written records of the Association, and shall conduct the correspondence of the Association.
  • D. The Treasurer shall receive dues and maintain the funds of the Association according to procedures prescribed in the By-Laws.  The Treasurer shall make no disbursements from the Association's funds except for purposes approved in accordance with the Constitution and By-Laws and shall keep a roll of all members and the status of their dues.
  • E. The Member-at-Large shall assist the Association in those duties and special projects the President and Executive Committee deem appropriate.
  • F. Officers may be removed upon a two-thirds vote of those members present at a general membership meeting provided that a motion to remove was made and seconded at a previous general membership meeting and that the officer has been given the opportunity to respond to the removal motion at the meeting considering such action.

ARTICLE V — Executive Committee

  1. Shall consist of the five officers and chairmen of the standing committees as appointed by the President. A majority of the members of the Executive Committee shall constitute a quorum. The President shall be Chairman of the Executive Committee.
  2. The Executive Committee shall counsel and assist the President to plan the agenda for regular and special meetings. It shall be authorized to act upon all ordinary business of the Association when the Association is not in session and upon urgent matters requiring action before a special meeting of the association can be called. The Executive Committee shall consider and act upon all matters presented to it and present its recommendation with respect thereto to the Association. Unless authorized by the Association, the Executive Committee shall not obligate the Association financially or otherwise, except shall be empowered to commit expenditures up to $700.
  3. It is the general policy of this Association that committee tasks or Association projects be done on a volunteer basis without any financial compensation. If special circumstances arise, members may be paid for services, but only upon majority approval by the Executive Committee. Any member paid for such services to the Association is ineligible for membership on the Executive Committee.

ARTICLE VI — Election of Officers

  1. The spring meeting shall be designated as the annual meeting for the election and installation of officers.  Each term of office shall be one year.
  2. A nomination committee of not less than three (which shall not include incumbent elected officers) shall be named by the President in January. The committee shall report to the membership in March. Additional nominations may be made from the floor at the election meeting.
  3. A majority of the votes cast by members present shall be required for election, provided that in case no candidate has a majority, a second vote shall be held between the two candidates having the most votes on the first ballot.
  4. Vacancies in office may be filled for the unexpired term by a majority vote of the Executive Committee members present at an Executive Committee meeting.
  5. Records of the Association will be retained on file for a period not to exceed 3 years. The first day of July each year will be the basic date of computation. Specific records may be retained for periods exceeding three years if sufficient reason exists and if so agreed to by a majority vote of the Executive Committee. Records being held on extended retention will be reconsidered for destruction by the Executive Committee annually.

ARTICLE VII — Meetings

  1. One general membership meeting shall normally be held each year in the spring.
  2. Special meetings may be called by the President and shall be called by him or by the Secretary for him upon request by signed petition of at least ten or more members.
  3. Except as otherwise provided by the Constitution and By-Laws, voting on all matters brought before meetings shall be by simple majority.
  4. Except as otherwise provided by the Constitution and By-Laws, the meeting of this Association shall be conducted pursuant to Robert's Rules of Order.

ARTICLE VII — Adoption, Amendments, and Limitations

  1. This Constitution shall be effective immediately upon adoption, by two-thirds of those voting on adoption.
  2. This Constitution may be amended or voided at any regular meeting by a three-fourths vote of those voting, provided that all members shall be notified at least a week in advance of a meeting at which a Constitutional amendment shall be voted on.
  3. Anything in this Constitution and/or By-Laws, as amended, which would otherwise prevent incorporation of this Association shall be void.
  4. Affiliation with other civic groups or with federations, conventions or associations of civic groups is permitted, provided such affiliation does not conflict with the purposes of the Association as stated in Article II, Sec. 1.

By-Laws

 

ARTICLE  I  — Meetings

  1. The regular general membership meeting of this Association shall normally be held in the spring.  The President will give notice of the time, date and place of the meetings. The notice may be in writing to each member or by publication in a local newspaper or by such other means as the President deemed appropriate.
  2. All Officers and Committee Chairmen will notify the President when unable to attend meetings.
  3. The order of business at meetings shall normally be as follows. The order may be altered by the President unless there is an objection. After an objection, the matter will be decided by a majority vote of the members present.
  • A. Call to order.
  • B. Reading of the minutes of preceding meeting.
  • C. Reports.
  • D. Old business.
  • E. New business.
  • F. Elections. (if required)
  • G. Adjournment.

ARTICLE II — Membership and Dues

  1. Annual dues for the Association will be determined by the Executive Committee by a majority vote of those Executive Committee members present at a meeting considering such action.
  2. Membership shall terminate when a member no longer owns property or resides in Canterbury Woods or other member subdivision.

ARTICLES III — Financial Affairs

  1. All funds of the Association in excess of $25 shall be kept in a Virginia bank or Savings and Loan in the name of the Association. The President at his discretion may spend up to $25 of Association funds, provided that he report the expenditure to the membership at the meeting following the expenditure.  The Treasurer and the President are the only officers empowered to write checks on behalf of the Association against its account, and the signatures of each shall be required on all checks. All funds not kept in the bank shall be kept in a Petty Cash fund by the Treasurer. He shall reimburse the Secretary and other duly authorized persons for all necessary expenses. The Treasurer shall turn over all accounts and records to the President at the meeting prior to the election meeting.
  2. At the meeting prior to election meeting, the President shall appoint an audit committee which shall audit the books of the Association and report at the election meeting.
  3. No member or officer shall have authority to obligate the Association for any indebtedness unless he has been duly authorized and delegated to do so at a meeting of the Association.

ARTICLE IV — Committees

  1. A special committee may be appointed at any time by the President acting for himself, or in response to a motion approved by the members.  The first person named on a committee shall act as chairman. The committee shall serve until dissolved by the President.
  2. The President shall establish standing committees as deemed necessary.
  3. No committee shall commit the Association to the advocacy of or opposition to any subject without the prior confirmation of the President.

ARTICLE V — Amendments

  1. These By-Laws may be amended at any regular or special meeting by a two-thirds vote of those present, provided that the membership has been notified that an amendment was to be considered at least one week in advance.
  2. Debate on any subject shall normally be restricted to three (3) presentations pro and three (3) presentations con at each single meeting. Each presentation shall be limited to four (14) minutes. At the termination of the aforementioned presentations, the presiding officer shall determine by majority vote of the members in attendance whether further debate is to be permitted. Debate shall again be limited as aforementioned.  At termination of debate, the President at his discretion shall determine voting or tabling of a motion.
  3. The CWCA shall have the right to sponsor and participate in the annual chartering of a Boy Scout Troop which will primarily receive applicants from Cub Scout Packs in the Canterbury Woods area. The Association shall appoint, at its annual meeting, a resident member of Canterbury Woods to serve as Institutional Representative to this troop.