WOOD ACRES ARCHITECTURAL COVENANTS GUIDELINES
ABOUT
THE WOOD ACRES COVENANTS
Starting in 1939, when the first
lots were platted and the first houses were built, developer Albert Walker recorded
in the land records at the County Court House in Rockville, Maryland, perpetual,
restrictive covenants binding on each lot conveyed within the Wood Acres subdivision.
The same printed set of covenants was used for each group of lots in Wood Acres,
except that for lots platted in and after June of 1950, the Fourth and Eleventh
articles were replaced with new ones covering different subjects, as a result
of certain FHA and VA regulations following the Supreme Court's 1948 ruling on
the unenforceability of racial covenants. Certain minor technical changes were
made in several other articles at the same time. The actual covenants are reproduced
on the following pages.
The Wood Acres Covenants contain many
absolute prohibitions concerning use of the land; most of these should be obvious
and are also prohibited by the local zoning ordinances. The covenants which are
of greatest relevance today are thus the ones requiring written approval of the
Covenants Committee of the Wood Acres Citizens Association for the erection of
any improvements, fences, or walls or for the making of any changes in the exterior
design of your home, as set forth particularly in the First, Second, and Eighth
articles of covenants.
WRITTEN APPROVAL FROM THE COVENANTS
COMMITTEE, ACTING FOR THE WOOD ACRES CITIZENS ASSOCIATION, INC., IS THUS NECESSARY
BEFORE MAKING ANY ADDITIONS OR EXTERNAL ALTERATIONS, OR CONSTRUCTING FENCES OR
WALLS. ALL APPLICATIONS REQUESTING SUCH APPROVAL SHOULD BE MAILED OR DELIVERED
TO THE CHAIRPERSON OF THE ZONING AND ARCHITECTURAL COVENANTS COMMITTEE, AS LISTED
HEREIN. Chairpersons of the Covenants Committee are listed, with address and phone,
in the Wood Acres Directory and you may contact any Board member for further information
about how to submit an Application.
There are various enforcement
procedures available in case of violations of the covenants. An injunction may
be obtained by the Association or an affected neighbor to halt construction and
require removal of the portions already completed. Transfer of property may be
delayed or prevented. An action for civil damages may be instituted. The association
has traditionally received excellent cooperation from Wood Acres residents and,
therefore, the community has had few occasions to take legal actions. Please remember
that these covenants are designed to protect and enhance property values for all
of the residents of Wood Acres, not just an individual home owner. Your cooperation
and compliance with the covenants and guidelines is greatly appreciated and helps
to foster a better sense of community and rapport with your neighbors.
Applications must be accompanied by detailed plans and specifications, as explained
in the First Article of the covenants. Although the Committee attempts to act
upon requests as promptly as is reasonably convenient, please submit Applications
with plenty of lead time, forty days should be allowed (and perhaps longer for
larger scaled additions and significant regarding of lots, etc.).
As a guide
to residents who wish to make improvements on their lots, the Association has
prepared Architectural Covenant Guidelines, which are published herewith immediately
after the text of the covenants themselves (see Guidelines For Interpreting The
Wood Acres Covenants, Sections I. through VII.). Careful reference should be made
to them in the early consideration of any improvements. A copy of the Architectural
Covenant Guidelines should be provided to the architect/design professional/builder
preparing plans for any improvements. In addition, members of the Zoning and Architectural
Covenants Committee, some of whom have considerable expertise in planning and
architectural design, are pleased to meet with residents during the planning stage
and advise them with respect to their contemplated improvements. It is strongly
recommended that applicants considering major additions submit architectural plans
and elevations along with exterior details prepared by their architect/design
professional/builder clearly identifying the improvements during the early phase
of design, prior to directing their architect/design professional/builder to proceed
with the final construction documentation. This enables the suggestions and recommendations
of the Architectural Covenants Committee to be easily incorporated into the design
at an early phase of the project, which ultimately expedites the approval process
and may save the applicant the expense of redesigning their home improvements.
COVENANTS
AFTER JUNE 1950
RESTRICTIVE TERMS, COVENANTS, CONDITIONS,
AND AGREEMENTS REFERRED TO IN THE WITHIN CONTRACT AND MADE A PART THEREOF
FIRST. That said lot or lots shall be used exclusively for private dwelling-house
purpose; that no improvements of any character shall be erected thereon, and none
begin, nor any change made in the exterior design of such improvements after original
construction has begun, unless and until the architect designing the same; the
cost, type and size thereof; the materials to be used in the construction, the
color scheme; the plans, specifications and details thereof, and the lot plan,
showing the proposed location of the dwelling and driveways upon the lot, shall
all have been approved in writing by Wood Acres Construction Corporation, or its
successors, and copies of the said plans, specifications, and details, shall have
been lodged permanently with said company.
SECOND. No outbuildings, except
a private garage for the exclusive use of the owner, shall be erected, placed
or suffered to remain upon said premises; nor shall such garage be erected, placed
or suffered to remain upon said premises, unless and until the size, type, cost,
materials of construction, color scheme therefore, the plans and specifications
for such structure, and the location of said garage upon the lot shall have been
approved in writing by the said Wood Acres Construction Corporation, or its successors;
nor, unless the written consent of said company be first had and obtained, shall
any such garage be erected, placed or suffered to remain upon said premises, nearer
to the side lines of any adjoining lot than the side lines of the dwelling, except
however, that where it would be impracticable to locate the garage upon said premises
without violating the foregoing provisions, by reason of the dimensions of the
lot, then said garage may be located thereon in such place as the Wood Acres Construction
Corporation, or its successors, shall direct.
THIRD. No place of public
entertainment, apartment house, flat, boarding house, nor building designed for
the residence of more than one family, and no hotel, tavern, dance hall, or other
resort, shall be erected, established, conducted, maintained or suffered to remain
upon said premises.
FOURTH. As a condition to granting its written consent
to or approval of any improvement, change or resubdivision for which such consent
is required by any paragraph hereof, Wood Acres Construction Corporation may require
the reimbursement to it of any expenses actually and reasonably incurred by it
for architectural, engineering or other services requisite thereto.
FIFTH. It is hereby agreed and understood; that the rights herein reserved to
Wood Acres Construction Corporation shall pass with equal force and effect to,
and inure to the benefit of its successors as defined in paragraph ELEVENTH hereof;
but in the event that such rights, having passed to successors, shall thereafter
terminate in the hands of such successors, or, if such right shall not have been
transmitted to successors, that in the event that the ownership and control of
such rights shall pass from Wood Acres Construction Corporation, either by reason
of the appointment of a receiver, assignment for the benefit of creditors, bankruptcy,
or by sale under legal process of any kind, or otherwise, the provisions for consents
by Wood Acres Construction Corporation or its successors herein provided for shall
be deemed to be sufficiently obtained, if obtained from a majority of the owners
of the lots which are subject to substantially similar restrictions as the property
hereby made subject thereto, and shall adjoin or face such lots upon both sides
of the street or streets, and within a distance of five (5) lots from the side
lines thereof. The said Wood Acres Construction Corporation or its successors
shall have the right to enforce any restriction herein contained by appropriate
action in any Court of competent jurisdiction. The covenants, conditions and restrictions
hereby imposed being for the benefit of all owners of lots in the Wood Acres subdivision,
any owner or owners of lots in said subdivision which are subject to restrictions
substantially similar to those imposed shall have concurrent rights to enforce
the same by appropriate action in any Court of competent jurisdiction.
SIXTH. No nuisance, advertising sign, billboard, or other device shall be permitted,
erected, placed, or suffered to remain upon said premises; nor shall the premises
be used in anyway for any purpose which may endanger the health, or unreasonably
disturb the quiet, of any owner of the adjoining or adjacent land.
SEVENTH.
No heating apparatus in, or for, any building upon the premises hereby conveyed,
shall be fired and operated with anything other than smoke free fuel, unless such
apparatus be equipped, operated and maintained with adequate devices that eliminate
smoke.
EIGHTH. No line fence, or wall, of any kind shall be erected,
placed, or suffered to remain upon said premises, unless and until the written
consent of the Wood Acres Construction Corporation, or its successors, be first
had and obtained therefor.
NINTH. Only one dwelling house shall be erected,
placed or suffered to remain upon the land hereby conveyed, unless the land shall
be subdivided into smaller lots, but the land shall not be so subdivided unless
and until the plat showing such proposed subdivision shall have been submitted
to the Wood Acres Construction Corporation , or its successors, and the written
consent of said company for such subdivision has been first obtained. The Wood
Acres Construction Corporation, or its successors, shall be the sole judge of
whether or not such subdivision shall be permitted, and if the subdivision of
said land is made, the protective covenants herein contained, shall apply to each
of the lots in which said land shall be subdivided.
TENTH. The Wood Acres
Construction Corporation, or its successors, expressly reserves to itself, and
its successors, the sole and exclusive right to establish grades and slopes on
the land hereby conveyed and to fix the grade at which any dwelling shall hereafter
be erected, or placed thereon, so that the same shall conform to a general plan.
ELEVENTH. The covenants, conditions and restrictions herein enumerated are
a part of the general plan for the improvement of the Wood Acres subdivision,
substantially similar covenants, conditions and restriction have been placed of
record from time to time in respect of the sections of such subdivision heretofore
developed, and it being contemplated that substantially similar covenants, conditions
and restrictions will be placed upon sections of said subdivision to be hereafter
developed. Wood Acres Construction Corporation is the assignee and successor of
and to all rights reserved unto Westhaven Development Corporation in certain sections
of such subdivision in respect to which covenants, conditions and restrictions
have been heretofore recorded. At any time or times, Wood Acres Construction Corporation
may assign the rights herein reserved to it unto any person, persons, or corporation
by written instrument duly placed of record, and thereupon, such assignee or assignees
shall be deemed to be the successors of Wood Acres Construction Corporation with
respect to all rights reserved to it thereunder, including all provisions for
consent and approval, the establishment of grades and of resubdivision, and the
right to enforce the provisions hereof by legal action; and the successors from
time to time holding such rights shall have like authority to assign and reassign
the same and thereby to designate successors to such rights.
TWELFTH.
The herein enumerated protective covenants, conditions, and restrictions, shall
run with the land, until the first day of September, 1965, in any event; and continuously
thereafter, unless and until any proposed change shall have been approved in writing
by the owners of the legal title to all the land on both sides of the street within
the block in which is located the property, the use of which is sought to be altered
by said proposed changes.
