TAMARACK COMMUNITY ASSOCIATION, INC.

RESTRICTIVE COVENANTS

Restrictive covenants recorded February 15, 1972 in Deed Book 3582, Pages 355 through 357, among the land records of Fairfax County, Virginia, as follows:

 

1. All lots in the tract shall be known and described as residential lots and no structures shall be erected, altered, placed or permitted to remain on any residential building plot 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 cars.  No noxious or offensive trade or 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.

2. No fence or similar enclosure may be built on any lot except a rear yard fence, which shall not exceed 48 inches in height and shall not extend beyond the front line of the dwelling erected on said lot, and such rear yard fence shall be of wood, brick or metal construction of at least 50% open design.  This restriction shall not be construed to preclude the growth of an ornamental hedge fence which shall be kept neatly trimmed to a height of not more than three feet around the front yard of any said lots.  Any fence built on any of the above described lots shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property.  In regard to corner lots, side fences may not extend closer to a public street than the building set back line required by the County of Fairfax, Virginia.  The above mentioned maximum height of 48 inches may be increased for those lots on which a swimming pool in constructed and maintained on the rear of the lot to the minimum height of the fence required by the appropriate authorities of Fairfax County, Virginia, to be erected around a swimming pool.

3. All lots and yards in the above described subdivision shall be maintained in a neat and attractive manner so as not to detract from the appearance of the above described development.

4. 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.

5. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

6. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lots, except that two dogs, two cats or other household pets may be kept provided 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 shall not be kept except in sanitary containers.  All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.  Trash or garbage receptacles shall not be visible from front of house.

7. Easements for installations and maintenance of utilities, including sanitary and storm sewer lines are reserved over the side and rear five feet of each lot.

8. No building shall be erected, placed or allowed on any lot until the construction plans and specifications and a plat showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation.  The Architectural Control Committee is composed of Albert G. Van Metre and J. Eugene Wills.  Said Committee may designate a representative to act for them.  In the event of death or resignation of either member of the Committee, the remaining member shall have full authority to designate a successor.  Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.  At any time the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of 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 within thirty days after plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with.

9. No trucks or trailers shall be stored or parked on any of said lots nor shall any trucks or trailers be parked on any of the streets in said subdivision by the owners, lessees or other occupants of said lots.

10. Invalidation of any one or more of the covenants set forth herein (or a part thereof) by judgment or court order shall in no wise affect any of the other covenants set forth herein which shall remain in full force and effect.

11. Any violation of the above covenants shall be deemed to be a continuing one until remedied, and shall be enforceable by appropriate court action instituted at any time by any one or more lot owners in this Subdivision.

12. Wills & Van Metre, Inc., or its successors, reserves the right to amend, modify or vacate any restrictions herein contained whenever the circumstances in the opinion of Wills & Van Metre, Inc., or its successors, so deems such amendments, modifications or vacation advisable. Otherwise, such covenants are to run with the land and shall be binding upon all parties claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time the said covenants shall be automatically extended for successive periods of one (1) year unless an instrument signed by a majority of the then owners of the lots have been recorded agreeing to change said covenants in whole or in part.

13. The Owner of each lot occupied by a dwelling house for which a certificate of occupancy has been issued, by the acceptance and recordation of a Deed in which a lot in TAMARACK Subdivision is conveyed, shall become a member of Tamarack Community Association, Inc., and agrees to pay an annual charge in the amount fixed by the board of Directors of the Corporation, which shall not exceed Five Dollars ($5.00), per lot for the years 1972, 1973, 1974 and 1975.  Such charges shall be uniform and shall be sufficient in total to maintain and operate the property of the Corporation in neat and good order and to pay all taxes and expenses payable with respect thereto.  The annual charge shall be payable at such time or times as the Board of Directors may determine and shall, when due, become a lien on the lot against which the charge is made, subject and subordinate to the lien of real estate taxes and any bona fide duly recorded first deed of trust lien on such lot. // Open space not contained in lots and streets shall not be denuded, defaced nor otherwise disturbed in any manner at any time without the approval of the appropriate County Departments and in concurrence with the County Planning Engineer.  No change or amendment of the above Paragraph (14) shall be made without the written approval of the appropriate officials of Fairfax County, Virginia, and duly recorded.

14. The Owners of Lots 37, 38, 39 and 40 shall jointly maintain in a good state of repair that certain egress and ingress easement created herein before for the benefit of said Lots 37, 38, 39 and 40 and to that end and for that purpose may, by the majority vote of the said owners of said Lots 37, 38, 39 and 40, assess against themselves periodic dues which shall be used for the maintenance of said easement for egress and ingress.  Further, the Owners of said Lots 37, 38, 39 and 40 shall each maintain an insurance policy covering liability due to property damage or bodily injury occurring on that portion of the aforesaid easement which he owns in fee. // It is understood and agreed that the above Paragraph (15) only affects the Owners of Lots 37, 38, 39 and 40 as shown on the attached plat of Section Two, TAMARACK.

            

 

      AMENDMENT TO ARTICLE 10 OF RESTRICTIVE COVENENTS

 

As of March 22, 2007, Article 10 is amended to read as follows:

Whereas, no trucks, recreation vehicles, boats or trailers shall be stored or parked on any of said lots, nor shall any trucks, recreation vehicles, boats or trailers be parked on any of the streets of the said subdivision by the owners, lessees or other occupants of said lots or their guests.  For the purpose of this section “recreation vehicle” means every motor vehicle designed primarily for use as living quarters for human beings.

“Stored” means placed upon the lot in any location not within the dwelling house.

 

“Parked” means located within the subdivision for a period of more than twenty-four (24) hours.

 

“Boat” means any water craft too large to be lifted by human beings without mechanical assistance and incapable of being stored within a dwelling house.

 

"Truck" means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,000 pounds (Curb weight).

 

"Trailer" means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes.