Glebe Harbor Deed Covenants Explained Part 3

I am not an Attorney and the information provided is from my own experience / education, as well as my own research concerning Deed Covenants. This is the third post/article I have written concerning our governing documents.

This update is being posted as new information has surfaced, as well as some corrections from the original post titled “Glebe Harbor Deed Covenants Explained Part 2”, needs to be made. You can click here to read the second post “Glebe Harbor Deed Covenants Explained Part 2”. In the post titled “Glebe Harbor Deed Covenants Explained Part 2”, I made the statement of:

The Glebe Harbor Civic Association was officially recognized as a Non Stock Corporation on March 30th, 1977 and I will assume that this is when our covenants became enforceable. Some of our covenants, according to one of our Board Members, have been barred by laches, due to non-enforcement”.

After doing a document search at the Westmoreland County Clerks office, the above statement is incorrect as far as when our covenants became enforceable. According to the documents filed with the Westmoreland County Clerks office, our covenants were submitted to the Westmoreland County Clerks office on September 15th, 1967, at 4:40 PM.

When our covenants were submitted in 1967, they were submitted under the name “Glebe, Incorporated”. After doing a search through the Virginia State Corporation Commission website, I can not find any information concerning the name “Glebe, Incorporated”.

I will now assume that it was the Glebe, Incorporated, that had the authority to enforce our covenants. I base my assumption on the fact that the Glebe Harbor – Cabin Point Property Owners Association Inc., nor the Glebe Harbor Civic Association Inc., had been formed at the time our covenants were submitted to the Westmoreland County Clerks office on September 15th, 1967.

According to the Virginia State Corporation Commission website, the Glebe Harbor – Cabin Point Property Owners Association Inc., was formed on November 4, 1971 and the Glebe Harbor Civic Association Inc., was formed on March 21, 1977. I also base my assumption on two “Assignments” that were filed with the Westmoreland County Clerks office on January 27th, 1978.

An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee”.

The first assignment was between the Glebe Harbor – Cabin Point Property Owners Inc., and C. Robert Roadley. It concerned our covenant that deals with the maximum grass height not to exceed 8 inches. This assignment was written on September 4th, 1976. It states that the Glebe Harbor – Cabin Point Property Owners Inc., had never enforced this covenant concerning the grass height and was transferring their right of enforcement, to C. Robert Roadley.

The second assignment was written a few months later on December 13th, 1976. It deals very closely with the first assignment. It seems to state that either the Glebe Harbor – Cabin Point Property Owners Inc., or C. Robert Roadley, never enforced this particular covenant and has now transfer the authority to enforce this covenant, to the Glebe Harbor Civic Association Inc.

When I requested a copy of our covenants from the current Secretary of our Civic Association back in 2017, the document I received is not the same as the original document submitted to the Westmoreland County Clerks office on September 15th, 1967. The original covenants had 14 items listed. The document I received has 13. Depending on how long you have lived in Glebe Harbor, your covenants may only contain 13 as well as I have no idea when this one covenant was removed. The covenant that is missing from the original document, is titled number 13 and states:

The aforesaid conditions, reservation and restrictions run with the land and shall be and remain as covenants binding upon all owners in said subdivisions, their heirs and assigns”.

As I have always stated, the above restriction states that our covenants applies to all property owners in the Glebe Harbor subdivision. It has nothing to do with the Civic Association. In other words, it does not matter whether you are a member of the Civic Association or not. Our covenants are attached to each and every property deed within our community.

As with all legal matters, if you need additional information concerning our covenants, I highly recommend you contact an Attorney who specializes in this type of law. The best way to make sure you do not violate your covenants, is to read and make sure you understand them. I hope this explanation has maybe added to your knowledge, concerning our covenants. Your neighbor, Dana.

2 Comments

  • Just Wondering January 9, 2020 at 2:21 am

    Do you have any idea why or when this covenant was removed?

    Reply
    • danatucker January 9, 2020 at 3:35 am

      Not really but I do not think it was intentional. After 50 years documents get copied so many times, sometimes things get left out and some are even lost. I requested a copy of some of our documents from the GHCA back on June of 2017. After I received them, I also suggested that they make them available on the gh-cp.org website as well, for new residents/members. They took my suggestion and are now available online for downloading.

      Reply

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