Whereas "Timber Hawk Protective Covenants - Stockbridge Vermont" were recorded in April 1976 at Book 34, Page 442 of the Stockbridge Land Records; and
Whereas the Timber Hawk Owners Association (hereinafter THOA), which was created by the hereinabove stated April 1976 Timber Hawk Protective Covenants, after proper notice and after obtaining the consent required of the current members of THOA, does hereby publish and declare this Restatement of Timber Hawk Protective Covenants as follows:
Association of Owners. Each owner of a lot acknowledges that by virtue of ownership of real property in the Timber Hawk, Stockbridge, Vermont community their membership in the Timber Hawk Owners' Association is mandatory in order to preserve and promote the character and living conditions in the community and to maintain, preserve and improve the Common Land which has been set aside for the benefit of all owners. Each owner, therefore, as an express condition of the ownership of such real property has agreed to accept membership in the THOA and that such membership requires the obligation to comply with these Covenants and the Bylaws of the Association including the obligation to pay dues assessed for the costs of operating the Association and the costs of maintaining the Common Land. These Restated Timber Hawk Owners' Association Covenants shall run with the land and shall be binding upon all owners. As such, an Architectural Review Committee to consist of three (3) homeowners shall be empowered to review, advise and approve structural changes, improvements, new construction, and tree cutting of properties within the community with the intent to maintain the aesthetic character, privacy values, living conditions, and the mutual Interests of the community as set forth in section 9 of these Covenants.
Common Land. Timber Hawk at Riverbend was designed with designated areas in the development as “Common Land”, which land shall be held by the Timber Hawk Owners’ Association, or may be acquired, developed and improved to enhance and protect the entire development. In consideration for Timber Hawk Owners’ Association maintaining the Common Land, including the shared private road system, shared leach fields, and recreational facilities, the owner agrees to pay annually to Timber Hawk Owners’ Association, a sum which in the opinion of Timber Hawk Owners’ Association, its successors and assigns, is required for such maintenance.
Residence Use. Any owner of a Timber Hawk property shall use such property for residential purposes only. Each property’s use shall be restricted to single family dwelling house use only, and only one single-family dwelling house and one garage of not more than a three-car capacity per lot shall be erected or maintained on the premises.
Commercial Use. No open commercial use of any nature whatsoever shall be conducted on any of the lots within the community resulting in commercial traffic or industrial noise in the community. It shall not be construed as a commercial use if an owner rents or leases their property for income purposes. Owners who rent their homes Shall be responsible for ensuring that their tenants comply with the acceptable practices of behavior in the community. Work from home activities and telephone or internet-based business activities restricted to the interior of the home with no external impact to the community environment are acceptable and are to be considered non-commercial.
Subdivision. None of the said lots within the community shall be allowed to be subdivided for purposes of sale or any other purpose.
Maintenance. Owners shall at all times maintain their premises in a clean, neat and presentable fashion and shall not store or permit the accumulation of any refuse or debris on any premises and shall not at any time dispose of material or articles by burning the same on the premises.
Utilities and Water. Timber Hawk property owners hereby acknowledge and agree that Timber Hawk Owners’ Association, for itself and its successors and assigns, shall have the right of entry upon the lots and any of the premises of the development for the purpose of installation, repair, replacement, or maintenance of any water lines and facilities and any utility facilities including telephone, electric and power, whether situated above ground or below ground. Timber Hawk Owners’ Association, its successors and assigns, shall not be liable for the laying of any utility lines, nor for the repair, construction, or maintenance of such lines on any portion of the community, whether on the particular lots, Common Land, or other areas of the development.
Lien. Timber Hawk property owners hereby acknowledge and agree that they shall pay their proportionate share of maintaining, repairing, replacing and utilizing the common properties of Timber Hawk at Riverbend. Should any property owner in Timber Hawk at Riverbend fail to pay their proportionate share of maintaining, repairing, replacing and utilizing the common property as foresaid, the defaulting property owner, by accepting the deed to their property consents to, and grants a lien on their property in favor of the Timber Hawk Owners’ Association, said lien to remain on the land and run with it, until it is released by the Timber Hawk Owners’ Association upon payment in full of the lien and the costs and expenses of recording any such lien.
Structure and Improvement Approval. Timber Hawk property owners hereby acknowledge and agree that permanent structures, buildings, building additions, site alterations or new construction of any nature must be reviewed and approved in writing by the Architectural Review Committee (ARC) of the Timber Hawk Owners' Association, or its successors and assigns. Architectural site, landscape plans, design and construction drawings including specifications of new buildings or improvements must be submitted to the Architectural Review Committee for approval prior to the start of any project. The design and placement of fencing, exterior lighting, solar panels, clothes lines, mailboxes or any permanent fixture also requires review and approval by the Architectural Review Committee prior to installation.
Building and Professional Codes and Permits. Timber Hawk property owners hereby acknowledge and agree that all construction, alterations, building, or improvements shall conform in all respects to the applicable building, professional, and trade codes then in effect in the State of Vermont, or in the absence thereof, such national or other codes as may have been adopted by the State of Vermont, and in the absence of such adoption, such national codes then nationally adopted, approved and accepted by the building professions and trades. Property owners hereby also acknowledge and agree that they are responsible for securing any required Town or State permits for any proposed construction, alteration, or improvements to their subject property.
Setback. Timber Hawk property owners hereby acknowledge and agree that no building or structure, or any part thereof, shall be erected on any of the lots in the development, the outside walls of which shall be no less than 40 feet from any street or road or 25 feet from the side or rear boundary lines of the said lot. Existing structures will be grandfathered for existing setbacks. Any building or structure erected shall adhere to Vermont codes for setbacks from streams, brooks, or ponds. Any structure, septic tank or sewage disposal field constructed shall adhere to the Vermont State Wastewater and Potable Water Supply statues, regulations and permit requirements.
Temporary Buildings. Timber Hawk property owners hereby acknowledge and agree that no dwelling house constructed on any of the lots shall be occupied unless and until it is completed, and no temporary buildings shall be occupied for dwelling purposes upon said lots during the construction thereof.
Trailers and Outbuildings. Timber Hawk property owners hereby acknowledge and agree that no house trailers, mobile units or other prefabricated transportable unit or home shall at any time be placed upon or used upon the premises owned for any purpose whatsoever, whether or not the same are permanently affixed to the real estate. Temporary parking of a Recreation Vehicle or Camper in a homeowner’s driveway is limited to a period of 14 consecutive days. Recreational Vehicles, campers or tents of any type may not be used as permanent living quarters on any lot.
Tree Cutting. Timber Hawk property owners hereby acknowledge and agree that Evergreen trees over two (2) inches in diameter and deciduous trees over three (3) inches in diameter, both when measured three (3) feet above the ground, may not be cut for any purpose whatsoever without the express prior written approval of the ARC of the Timber Hawk Owners’ Association except when the cutting is necessary for the placement in the area of a house, patio, or driveway who's overall plan has been reviewed and approved by the ARC. The Timber Hawk Owners’ Association shall have the authority and discretion to remove trees deemed necessary in maintenance of common lands and/or roads.
Signs-Advertising. Timber Hawk property owners hereby acknowledge and agree that no signs of any type shall at any time be erected upon the premises and lots without the express prior written approval of the ARC of the Timber Hawk Owners’ Association, with the exception that a small sign not to exceed 72 square inches may be erected for the purposes of identifying the name of the owner of the lot only and for no other purpose. There shall at no time be any physical advertising in the form of signs or otherwise, and for any purpose, used upon the premises.
Animals. Timber Hawk property owners hereby acknowledge and agree that no farm or non-domesticated animals, livestock, or poultry of any kind shall be kept, bred, or raised by any owners upon their property. However, domestic pets such as dogs or cats may be kept. Owners are responsible for the supervision of their pets so as not to impede the environment or living conditions of the community. Dogs must be supervised at all times. All dogs must be under close sight, under voice command, or leashed when on a road and common land.
Amendments and Modification. Timber Hawk property owners hereby acknowledge and agree that the covenants and conditions provided for herein may be amended, modified, or repleaded at any time by the consent of at least sixty-seven (67%) percent or more of THOA members.
Enforcement. Timber Hawk property owners hereby acknowledge and agree that the covenants, agreements, and restrictions set forth herein shall run with the land affected thereby and shall be construed as covenants real and shall continue for a period of fifty (50) years from the date of this instrument. These Protective Covenants are intended to be for the benefit of the Timber Hawk Owners’ Association property owners and their heirs, successors and assigns. These Covenants may be enforced at any time by the Timber Hawk Owners’ Association against any owner in violation of these Covenants. The costs associated with said enforcement action shall be borne by any owner found in violation of these Covenants.
Validity. Invalidation of any one or more of the Covenants or conditions hereof by court judgments or order shall not affect in any manner the other provisions hereof, which shall remain in full force and effect.
(This document recorded 7/76: Book 34, pg 442) Revised October 12, 2023