Covenants of Cabin Point Subdivision
The COVENANTS for the Cabin Point
Subdivision are transcribed below. Each
of the 12 sections within the subdivision has a set of covenants on record;
however, there are only two variations of these covenants.
The basic variation applies to Sections 1 to 6, and a slightly modified
version applies to Sections 7 to 12. The
additional items for Sections 7 to 12 are shown in italics in the following.
Cabin Point Inc., owner in fee of all of that portion of the farm known as Cabin Point encompassed within the boundaries of the hereto annexed plat of survey and subdivision made by Tayloe Surveys, Inc., dated _______, 19__, entitled “Section _, CABIN POINT,” does hereby certify that said subdivision is with its free consent and in accordance with its desire; that the land contained within the boundaries of said subdivision is a part of the land conveyed to Cabin Point, Inc. by deed of H. T. E. Corporation dated April 15, 1975, and recorded in the Office of the Clerk of the Circuit Court of Westmoreland County, Virginia, in Deed Book 250, at page 433.
And Cabin Point, Inc., by recordation of this document, does hereby dedicate to Westmoreland County and/or the Commonwealth of Virginia all the streets and drainage easements appurtenant thereto shown on the aforementioned plat.
And Cabin Point, Inc. does further establish the following reservations, restrictions and conditions which shall be appurtenant to the lots in said subdivision and shall run with the respective titles thereto, the violation of any of which shall be actionable by any lot owner, Cabin Point, Inc., or its successor:
1. Cabin Point, Inc. reserves a 15 ft. utility easement along the street boundaries of the respective lots in the said subdivision and reserves the right to grant to the appropriate utility service organizations easements, 7-1/2 ft. in width, along the side boundary lines of lots shown on the said plat, except that where two or more of the said lots are owned by a common owner, no such easement may be granted except along the side line of the composite ownership of the said common owner.
2. No building shall be erected or maintained on any residential lot in said subdivision other than a private residence and a private garage and boat facilities for the sole use of the owner or occupant thereof. (and no structure other than boat facilities and erosion control structures shall be erected closer than 25 ft. to the mean high water line of Cabin Point Creek.)
3. Any garage or other building erected or maintained on any residential lot in said subdivision must conform in appearance and construction to the residence on such lot.
4. No part of said premises shall be used for commercial or manufacturing purposes, nor shall any use be made of any lot which would constitute a nuisance or depreciate the value of adjoining lots.
5. No residential building shall be erected or maintained on any lot in said subdivision having a ground floor area of less than 1,200 sq. ft. on waterfront lot and 875 sq. ft. on other lots, exclusive of porches, etc.
6. Buildings shall be erected in accordance with setback lines shown on the plat of subdivision and in accordance with side and back line restrictions as established by the ordinances of Westmoreland County.
7. All sewerage will be disposed of through the use of septic tank and drainfield installations to be approved by the Westmoreland County Health Department.
8. No animals or birds, other than household pets, shall be kept on any lot in said subdivision.
9. All building exteriors must be of masonry, wood, or other material equal in quality thereto, and all exteriors, other than brick or stone must be painted or stained and maintained. Exterior materials other than brick must be new.
10. All exterior construction must be completed and closed in within 8 months of the commencement of construction and all foundations must be continuous and solid.
11. No house trailers or other trailers used for residential purposes will be permitted or kept on any lot in this subdivision.
12. The grass on the lots must be kept mowed to a height not to exceed 8 inches.
13. Lot owners who maintain private driveways onto their respective lots shall install and maintain culvert pipe according to State specifications along the street line where such driveways meet the street.
14. The aforesaid reservations, restrictions and conditions run with the land and shall be and remain as covenants binding upon all owners in said subdivision, their heirs and assigns, and the breach of any of the aforesaid covenants, restrictions and reservations shall be actionable in any proper court of law by any property owner within the subdivision.
15. Invalidation of any one of these covenants by judgement or decree of a court having jurisdiction shall in no way affect any of the other covenants herein, which shall remain in full force and effect.”
(Add the following new item as paragraph 14 for Sections 7 to 12; 14. Lots abutting on Cabin Point Creek are subject to a 15 ft. wide restricted area inland from the mean high water line, which area is to remain as close to its natural state as is practical and is not to be cleared of its tree cover or incorporated in a sod lawn. Undergrowth may be cleared and shrubs and ground cover may be planted. Paragraph 15, shown above, is renumbered as paragraph 16 for Sections 7-12)
NOTE: Items 1 and 6 reference the Subdivision Plats that are on file at the Westmoreland County Courthouse. The setback requirements shown on these plats are in addition to those set by the county and they vary from lot to lot. In some cases these setback requirements are greater than those imposed by the county. These plats must be reviewed prior to site approval.
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BYLAWS
OF
CABIN POINT CIVIC ASSOCIATION, INC.
ARTICLE I- Board of Directors
The Board of
Directors, hereinafter called the Board, shall have the usual powers of such a
Board to administer and manage the affairs of the Cabin Point Civic Association,
Inc., hereinafter called the Association, subject to these bylaws. There shall be six (6) members of the Board, two (2) of whom
shall be elected annually from the membership at the annual meeting for a term
of three (3) years. There shall
also be two (2) directors elected for a term of two (2) years, and two (2) shall
be elected for a term of one (1) year. The term of any director may be
terminated upon two-thirds (2/3) vote of the membership at any properly
constituted meeting, and shall terminate automatically should he/she become an
employee of the Association.
ARTICLE
II – Officers
The officers of the
Association shall be President, Vice-President, Secretary and Treasurer.
They shall be elected by the new Board from its members following the
annual meeting for terms of one (1) year. The
Board may, if the need arises, elect assistants to serve the above officers.
These assistants need not be members of the Board, but must be members of the
Association. An officer’s term of office may be terminated by two-thirds
(2/3) vote of the Board and shall automatically terminate if the officer ceases
to be a member of the Association.
ARTICLE
III – Meetings
(A) Association Meetings
There shall be an annual meeting of the Association during the month of April and at least one other general meeting each year. The time and place of such meetings shall be designated by the Board, but they shall be within Westmoreland County. A quorum shall consist of one-tenth (1/10) of the members in good standing, at least half of whom must be present in person, with the remainder permitted to be represented by holders of written proxies in a form approved by the Board. Special meetings of the Association may be called at any time by the President or three (3) members of the Board and shall be called by the President upon a written application of eight (8) members of the association, provided the application includes a statement of the purposes of the meeting and is submitted to the Secretary at least fourteen (14) days in advance of the meeting. No other business than that stated in the notice shall be conducted at such special meetings. Meetings shall be called by written notice to each member in good standing. The notice shall include time, place and purpose of the meeting. First-class postage shall be used.
(B) Board meetings
The Board shall set
a schedule of regular quarterly meetings and inform the members of the dates,
time and place of such meetings. Any
member of the Association may request permission to present a problem or concern
to the Board at such meetings. The
President or any two members of the Board may call a special meeting by
notifying all members of the Board at least twenty-four (24) hours in advance,
and advising them of the purpose of the meeting.
A majority of the Directors shall constitute a quorum at all meetings.
ARTICLE
IV – Elections
At least thirty
(30) days prior to the annual meeting of the Association the President shall
appoint a nominating committee which shall consist of three (3) members from the
Association, at least two (2) shall not be members of the Board. The nominating committee shall submit a slate of nominees at
the annual meeting for regular vacancies on the Board and for any vacancy which
the Board has not filled. Nominations
may also be made from the floor, but the person making the nomination must have
first obtained the consent of the person being nominated.
All Directors elected to the Board shall take office at the next meeting
of the Board, regular or special. Any
vacancy on the Board or in offices of the Association due to death, resignation,
disqualification or otherwise, occurring more than one month prior to the annual
meeting, may be filled by nomination by the President and election by a majority
of the Board. Such elections shall
be for the unexpired term of the Director or Officer.
ARTICLE
V – Membership
Membership shall be
by family unit and each membership shall collectively be entitled to one (1) and
only one (1) vote in Association elections and other actions requiring
membership vote. Any owner or
tenant-resident of real property within the Cabin Point tract which became a
Cabin Point Subdivision of Westmoreland County, Virginia, may become a member of
the Association by applying to the Secretary of the Association for membership
and paying the current membership fee set by the Board.
ARTICLE
VI – Dues, Fees and Assessments
There shall not be
any annual dues until such time as the Board deems dues as necessary. In the event that annual dues are required, they shall be due
on the first (1st) day of January and shall by paid no later than
March 31st in order to
retain voting rights at association meetings.
Unusual capital requirements which cannot be met within the
Association’s financial structure shall be met by assessments which shall be
set by the Board and presented to the membership for ratification or
modification.
ARTICLE
VII – President
The President shall preside at all meetings of the Association and Board, represent the Association on all occasions, except as otherwise provided by the Board, and exercise all powers and perform all other duties usually incident to his/her office, including power to delegate representation on behalf of the Association. He/she shall submit a written report covering the activities of the Association and his/hers office at the annual meeting, to be filed for record.
The
Vice-President shall perform all duties and have all powers of the President
in the absence of/or during the disability of the President.
He/she may also be assigned particular duties and
powers by the President.
ARTICLE IX – Secretary
The
Secretary shall keep the records of the Association and the Board, record the
minutes of each meeting and issue all official notices.
He/she shall keep an accurate and up-to-date record of the names and
addresses of all members and make a written report at the annual meeting to be
filed for record.
ARTICLE
X – Treasurer
The Treasurer shall
keep the accounts of the Association and shall deposit all money of the
Association in a local banking institution approved by the Board, shall make a
report at any meeting of the Association when requested, and an annual report at
the annual meeting to be filed for record.
The funds of the Association shall be subject to disbursement upon
his/her signature and the signature of (1) member of the Board of Directors, or
in his/her absence upon the signatures of two (2) Members of the Board of
Directors as authorized by the Board. He/she
shall disburse funds only as authorized by the Board. His/her accounts and annual report shall be subject to an
audit by a committee appointed by the President prior to the annual meeting of
the Association.
ARTICLE
XI – Finances
An annual budget
shall be prepared by the Board and presented at the annual meeting. No expenditure in excess of Five Hundred Dollars ($500.00)
not contained in the budget shall be authorized by the Board except upon
approval by a majority vote at a regularly constituted meeting of the
membership. The Board may require a
bond of any officer authorized to receive or disburse funds of the Association,
the cost of such bond to be borne by the Association.
ARTICLE
XII – Indemnification of Officers
(A) Each person who acts as a Director or Officer of the Association shall be indemnified by the Association against expenses actually and necessarily incurred by him/her in connection with the defense of any action, suit or proceeding in which he/she is made a party by reason of his/her being or having been a Director of the Association or an Officer, except as related to matters as to which he/she shall be adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct in the performance of his/her duties.
(B) The right of
indemnification provided herein shall insure to each Director and Officer
referred in (A) whether or not he/she is such Director or Officer at the time
such costs or expenses are imposed or incurred, and in the event of his/her
death shall extend to his/her legal representatives.
ARTICLE
XIII – Amendments
These bylaws may be
amended by a majority vote at an annual meeting of the Association or at a
special meeting of the membership provided the notice of the meeting contained a
notice that amendments of particular articles would be presented.
The Secretary shall cause such notice to be placed in the announcement of
any meeting upon the written request of at least five (5) members of the
Association in good standing.
ARTICLE
XIV – Rules of Procedure
Unless otherwise
provided by law, the rules of procedure governing meetings of members of the
Association or of the Board of Directors shall be those of Roberts Rules of
Order, as revised from time to time.
ARTICLE
XV – Standing Committees
Architectural Committee – Responsible for enforcing all but Items 8, 12, 15, and 16 of the Cabin Point Covenants. Works with County Land Use Administration to keep abreast with changes in residential building ordinances and codes affecting Cabin Point and requests legal assistance when needed to enforce covenants.
Landscaping Committee – The Landscaping Committee chairman is encouraged to solicit members of the Cabin Point community in beautification projects. This includes establishing and maintenance of existing flower bed locations, projects planned for the main entrance and street intersections, as well as theme decorations during various times of the year. Prior to any individual work project, the Board of Directors are to be informed as to what the project entails, materials required, when the work is to be done, and, any other pertinent information deemed necessary.
Mowing Committee - Responsible for enforcing Item 12 in the Cabin Point Covenants that “grass must be kept mowed to a height not to exceed 8 inches”. Requests legal counsel when needed and works with appropriate county authorities to initiate court action when required.
Roads Committee – The Roads Committee is established to
oversee and be responsible for the maintenance of roads within the Cabin Point
Subdivision. Specifically, those
roads not under Virginia Department of Transportation (VDOT) responsibility.
The Roads Committee chairman shall apprise the Board when any portion of
the road network may reach qualification for state maintenance.
The chairman will provide a summary of work necessary, cost estimates for
road repairs, and a timetable for completion.
The Roads Committee chairman will also maintain vigilance over road
traffic and recommend any course of action that may be necessary to ensure
traffic safety, speeding, etc.
Water Ways Committee – Responsible for providing support, as needed, to the Glebe Harbor/Cabin Point Property Owners’ Association in: (a) keeping the entrance channel to Cabin Point Creek at a controlled depth of three (3) feet at mean low water; (b) maintaining the channel markers in Cabin Point Creek; and (c) working with waterfront property owners and appropriate County, State and Federal authorities to maintain the natural appearance of the Creek by controlled development.
Welcome Committee – The Welcome Committee is tasked to
perform those services that may be afforded in welcoming new home and/or lot
owners. The Welcome Committee
chairman is encouraged to present to the new owners the advantages of joining
the CPCA and encourage their membership. The
Cabin Point Welcome Committee may also work with the GH/CP Property Owners
Association as a joint effort for new residents. The chairman will inform the Board at the bi-monthly Board
meetings the status of new members who have joined the Cabin point Civic
Association.
ADOPTED AND APPROVED BY THE ASSOCIATION ON APRIL 26,
2008