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Covenants - Historical

Applied By Office: Feb 6, 2017 at 9:10 AM

Covenants
Old VersionNew Version
1[CENTER][B]AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.[/B][/CENTER] 1[CENTER][B]AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
2[CENTER][B]RESTRICTIONS AND COVENANTS[/B][/CENTER] 2RESTRICTIONS AND COVENANTS[/B][/CENTER]
31. Use 31. Use 
4Said lots shall be used exclusively for residential purposes except those lots that may be designated, subjected to rezoning (if any) and zoned as business or commercial areas on the plats by Aquia Corporation. 4Said lots shall be used exclusively for residential purposes except those lots that may be designated, subjected to rezoning (if any) and zoned as business or commercial areas on the plats by Aquia Corporation. 
5[BR]  5
62. Architectural Control Committee 62. Architectural Control Committee 
7[LIST] 7[LIST] 
8[*](a) All plans and specifications for any structure or improvement whatsoever to be erected on or moved upon or to any lot, and the proposed location thereof on any lot or lots, the construction material, the roofs and exterior color schemes, any later changes or additions after initial approval thereof and any remodeling, reconstruction, alternations, or additions thereto on any lot shall be subject to and shall require the approval in writing before any such work is commenced of the Architectural Control Committee, as the same is from time to time composed and a Stafford County Building permit is required. 8[*](a) All plans and specifications for any structure or improvement whatsoever to be erected on or moved upon or to any lot, and the proposed location thereof on any lot or lots, the construction material, the roofs and exterior color schemes, any later changes or additions after initial approval thereof and any remodeling, reconstruction, alternations, or additions thereto on any lot shall be subject to and shall require the approval in writing before any such work is commenced of the Architectural Control Committee, as the same is from time to time composed and a Stafford County Building permit is required. 
9[*](b) The Committee shall be composed of three (3) members to be appointed by Aquia Corporation and any vacancies from time to time existing shall be filled by appointment of Aquia Corporation or in the event of Aquia Corporation’s failure to so appoint within two (2) months after any such vacancy, then by the Board of Directors of the Aquia Property Owners Association, Inc., (hereinafter called “Association”); provided, however, that at any time hereafter the Aquia Corporation may, at its sole option, relinquish to the Board of Directors of the Association the power of appointment and removal reserved herein by the Aquia Corporation. Such transfer of power must be evidenced in writing. 9[*](b) The Committee shall be composed of three (3) members to be appointed by Aquia Corporation and any vacancies from time to time existing shall be filled by appointment of Aquia Corporation or in the event of Aquia Corporation's failure to so appoint within two (2) months after any such vacancy, then by the Board of Directors of the Aquia Property Owners Association, Inc., (hereinafter called "Association"); provided, however, that at any time hereafter the Aquia Corporation may, at its sole option, relinquish to the Board of Directors of the Association the power of appointment and removal reserved herein by the Aquia Corporation. Such transfer of power must be evidenced in writing.
10[*](c) There shall be submitted to the Committee two (2) complete sets of plans and specifications for any and all proposed improvements, the erection or alteration of which is desired, and no structures or improvements of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefor have received such written approval as herein provided. Such plans shall include plot plans showing the location on the lot of the building, wall, fence or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material, color schemes for roofs and exteriors thereof and proposed landscape planting. 10[*](c) There shall be submitted to the Committee two (2) complete sets of plans and specifications for any and all proposed improvements, the erection or alteration of which is desired, and no structures or improvements of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefor have received such written approval as herein provided. Such plans shall include plot plans showing the location on the lot of the building, wall, fence or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material, color schemes for roofs and exteriors thereof and proposed landscape planting. 
11[*](d) The Committee shall approve or disapprove plans, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications details with the approval or disapproval endorsed thereon, shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its permanent files. 11[*](d) The Committee shall approve or disapprove plans, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications details with the approval or disapproval endorsed thereon, shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its permanent files. 
12[*](e) The Committee shall have the right to disapprove any plans, specifications or details submitted to it in the event the same are not in accordance with all the provisions of these Restrictions; if the design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lot or with the adjacent buildings or structures; if the plans and specifications submitted are incomplete; or in the event the Committee deems the plans, specifications or details or any part thereof, to be contrary to the interests, welfare or rights of all or any part of the real property subject hereto or the owners thereof. The decisions of the Committee shall be final. 12[*](e) The Committee shall have the right to disapprove any plans, specifications or details submitted to it in the event the same are not in accordance with all the provisions of these Restrictions; if the design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lot or with the adjacent buildings or structures; if the plans and specifications submitted are incomplete; or in the event the Committee deems the plans, specifications or details or any part thereof, to be contrary to the interests, welfare or rights of all or any part of the real property subject hereto or the owners thereof. The decisions of the Committee shall be final. 
... ... 
32[/LIST] 32[/LIST] 
335. Boat Docks 335. Boat Docks 
34No boat docks, floats, or other structures extending into Aquia Creek or its tributaries shall be constructed or placed into or on said Creek, or its tributaries, without prior written approval of the Architectural Control Committee; also required shall be compliance with the regulations of the United States Army Corps of Engineers governing application for and issuance of permits for such structures. 34No boat docks, floats, or other structures extending into Aquia Creek or its tributaries shall be constructed or placed into or on said Creek, or its tributaries, without prior written approval of the Architectural Control Committee; also required shall be compliance with the regulations of the United States Army Corps of Engineers governing application for and issuance of permits for such structures. 
35[BR] 35
366. Utility Easements 366. Utility Easements 
37Aquia Corporation, for itself, its successors, and licensees reserves a fifteen (15) foot wide easement along all private roadway rights of way and a ten (10) foot wide easement along the side and rear lines of each and every lot for the purpose of installing, operating, and maintaining utility lines and mains thereon, together with the right to trim, and/or cut or remove trees and/or brush and the right to locate guy wires, braces, and anchors whenever necessary for said installation, operations, or maintenance; together with the right to install, operate and maintain gas and water mains, sewer lines, culverts and drainage ditches and other services and appurtenances thereto, for the convenience of the property owners, reserving also the rights of ingress and egress to such areas for any of the purposes mentioned above. Exceptions: (1) where an owner of two or more adjoining lots constructs a building which shall cross over or through a common lot line, said common lot line shall not be subject to the aforementioned ten (10) foot easement unless it is shown on recorded plats; (2) no easement shall exist on that portion of any water front lot running along or abutting the shoreline of Aquia Creek or its tributaries unless shown on the recorded plats, except, however, Aquia Corporation, for itself, its successors, assigns and licensees, reserves the right to cause or permit drainage of surface waters over and/or through said lots.  37Aquia Corporation, for itself, its successors, and licensees reserves a fifteen (15) foot wide easement along all private roadway rights of way and a ten (10) foot wide easement along the side and rear lines of each and every lot for the purpose of installing, operating, and maintaining utility lines and mains thereon, together with the right to trim, and/or cut or remove trees and/or brush and the right to locate guy wires, braces, and anchors whenever necessary for said installation, operations, or maintenance; together with the right to install, operate and maintain gas and water mains, sewer lines, culverts and drainage ditches and other services and appurtenances thereto, for the convenience of the property owners, reserving also the rights of ingress and egress to such areas for any of the purposes mentioned above. Exceptions: (1) where an owner of two or more adjoining lots constructs a building which shall cross over or through a common lot line, said common lot line shall not be subject to the aforementioned ten (10) foot easement unless it is shown on recorded plats; (2) no easement shall exist on that portion of any water front lot running along or abutting the shoreline of Aquia Creek or its tributaries unless shown on the recorded plats, except, however, Aquia Corporation, for itself, its successors, assigns and licensees, reserves the right to cause or permit drainage of surface waters over and/or through said lots.
38[BR] 38
39Aquia Corporation, its successors or assigns, reserves an easement on, over or under all private roadway rights of way for the purpose of installing, operating, and maintaining the above mentioned utilities and drainage. The owners of said property shall have no cause of action against Aquia Corporation, its successors, assigns or licensees, either at law or in equity, excepting in case of willful negligence, by reason of any damage caused said property in installing, operating, removing or maintaining the above mentioned installation. Aquia Corporation, its successors and assigns, reserves all mineral rights to the land hereto. 39Aquia Corporation, its successors or assigns, reserves an easement on, over or under all private roadway rights of way for the purpose of installing, operating, and maintaining the above mentioned utilities and drainage. The owners of said property shall have no cause of action against Aquia Corporation, its successors, assigns or licensees, either at law or in equity, excepting in case of willful negligence, by reason of any damage caused said property in installing, operating, removing or maintaining the above mentioned installation. Aquia Corporation, its successors and assigns, reserves all mineral rights to the land hereto. 
40[BR] 40
417. Maintenance Fees, Limitation of Sales, Aquia Property Owners Association Incorporated. 417. Maintenance Fees, Limitation of Sales, Aquia Property Owners Association Incorporated. 
42Each lot owner in the Aquia Corporation Development shall be subject to an annual charge of $60.00 which he agrees to pay to the Aquia Property Owners Association, Incorporated, its successors and assigns, annually on the first day of July commencing in the year following the date of the Agreement to Purchase, for the maintenance and upkeep of the private roadways and the various areas reserved for the use of the property owners, irrespective of whether the privileges of using such areas are exercised or not. Lot owner agrees that the use of any of the above mentioned areas hall be subject to approval of lot owner, his heirs, executors or assigns, for membership in Aquia Property Owners Association, Incorporated, as herein provided and to comply with all rules and regulations from time to time promulgated by said Association. Lot owner, for himself, his heirs, executors and assigns, further agrees that the charges set forth shall be and constitute a debt which may be collected by suit in any court of competent jurisdiction or otherwise, and that upon the conveyance of any part of the land described herein, the purchase thereof and each and every successive owner and/or owners shall, from time of acquiring title, covenant and agree, as aforesaid, to pay the Aquia Property Owners Association, Incorporated, its successors and assigns, all charges past and/or future as provide in, strict accordance with the terms and provisions hereof. 42Each lot owner in the Aquia Corporation Development shall be subject to an annual charge of $60.00 which he agrees to pay to the Aquia Property Owners Association, Incorporated, its successors and assigns, annually on the first day of July commencing in the year following the date of the Agreement to Purchase, for the maintenance and upkeep of the private roadways and the various areas reserved for the use of the property owners, irrespective of whether the privileges of using such areas are exercised or not. Lot owner agrees that the use of any of the above mentioned areas hall be subject to approval of lot owner, his heirs, executors or assigns, for membership in Aquia Property Owners Association, Incorporated, as herein provided and to comply with all rules and regulations from time to time promulgated by said Association. Lot owner, for himself, his heirs, executors and assigns, further agrees that the charges set forth shall be and constitute a debt which may be collected by suit in any court of competent jurisdiction or otherwise, and that upon the conveyance of any part of the land described herein, the purchase thereof and each and every successive owner and/or owners shall, from time of acquiring title, covenant and agree, as aforesaid, to pay the Aquia Property Owners Association, Incorporated, its successors and assigns, all charges past and/or future as provide in, strict accordance with the terms and provisions hereof. 
43[BR]  43
44The Association shall have the right to suspend the voting right (if any) and the right to use the recreational facilities of the Association of any member (or associate member): 44The Association shall have the right to suspend the voting right (if any) and the right to use the recreational facilities of the Association of any member (or associate member): 
45[LIST] 45[LIST] 
46[*](a) For any period during which any Association charges owed by the member (or associate member) remain unpaid. 46[*](a) For any period during which any Association charges owed by the member (or associate member) remain unpaid. 
... ... 
48[*](c) During the period that any bills for water and sewer service rendered to the member (or association member) remain unpaid. 48[*](c) During the period that any bills for water and sewer service rendered to the member (or association member) remain unpaid. 
49[/LIST] 49[/LIST] 
508. Water Supply, Sewerage, and Sanitation Requirements 508. Water Supply, Sewerage, and Sanitation Requirements 
51No outside toilet shall be allowed on the premises. No untreated waste shall be permitted to enter into Aquia Creek or its tributaries. Each dwelling shall be serviced by the Central Water System and Central System provided, or to be provided by the Aquia Sanitary District, or others. No individual water wells shall be allowed on any residential lot and each resident shall use the water supply from the public utility supplying water to the Subdivision. Water and sanitary sewer utilities are available from and controlled by the Aquia Sanitary District. Connection to the water and sanitary sewer utilities as well as charges and fees for use are outlined in and regulated by an ordinance which has been or will be enacted by the Board of Supervisors of Stafford County, Virginia, and entitled, “An ordinance establishing an operating policy for the Aquia Sanitary District of Stafford County, Virginia,” and hereby incorporated in and expressly made a part of these restrictions by reference. 51No outside toilet shall be allowed on the premises. No untreated waste shall be permitted to enter into Aquia Creek or its tributaries. Each dwelling shall be serviced by the Central Water System and Central System provided, or to be provided by the Aquia Sanitary District, or others. No individual water wells shall be allowed on any residential lot and each resident shall use the water supply from the public utility supplying water to the Subdivision. Water and sanitary sewer utilities are available from and controlled by the Aquia Sanitary District. Connection to the water and sanitary sewer utilities as well as charges and fees for use are outlined in and regulated by an ordinance which has been or will be enacted by the Board of Supervisors of Stafford County, Virginia, and entitled, "An ordinance establishing an operating policy for the Aquia Sanitary District of Stafford County, Virginia," and hereby incorporated in and expressly made a part of these restrictions by reference.
52 52
539. Covenants Running With the Land, Duration of Restrictions 539. Covenants Running With the Land, Duration of Restrictions 
54These restrictions shall be considered covenants running with the land shall bind all lot owners, their heirs, executors, administrations, successors and assigns until January 1, 2039. The restrictions contained in paragraphs 2 and 3 and the provisions of paragraph 7 as respects the amount of annual maintenance changes may be altered or amended after January 1, 1974, with the written consent of at least two-thirds of the lot owners in Aquia Harbour Subdivision. 54These restrictions shall be considered covenants running with the land shall bind all lot owners, their heirs, executors, administrations, successors and assigns until January 1, 2039. The restrictions contained in paragraphs 2 and 3 and the provisions of paragraph 7 as respects the amount of annual maintenance changes may be altered or amended after January 1, 1974, with the written consent of at least two-thirds of the lot owners in Aquia Harbour Subdivision. 
55 55
56All of the rest of the restrictions, including paragraph 7 except as to the amount of the annual maintenance charges, shall remain in effect as written until January 2039. It is the specific intent of these restrictions that all of the private roadways in Aquia Harbour Subdivision remain private and that the maintenance thereof shall be at the expense of the lot owners until January 1, 2039 or later. 56All of the rest of the restrictions, including paragraph 7 except as to the amount of the annual maintenance charges, shall remain in effect as written until January 2039. It is the specific intent of these restrictions that all of the private roadways in Aquia Harbour Subdivision remain private and that the maintenance thereof shall be at the expense of the lot owners until January 1, 2039 or later. 
57 57
58Any lot owner, as well as Aquia Property Owners Association, Inc., shall have the right to bring suit in an appropriate court for an injunction to restrain any person violating or attempting to violate the foregoing restrictions and for money damages resulting from such violations. 58Any lot owner, as well as Aquia Property Owners Association, Inc., shall have the right to bring suit in an appropriate court for an injunction to restrain any person violating or attempting to violate the foregoing restrictions and for money damages resulting from such violations. 
59 59
60Invalidation of one or more of these restrictions by any court shall in no way alter or affect the other provisions hereof which shall thereafter remain in full force and effect. 60Invalidation of one or more of these restrictions by any court shall in no way alter or affect the other provisions hereof which shall thereafter remain in full force and effect.