Homeowners Guide to Covenant Compliance

Because Fearrington Village is a planned community, there are "restrictions" regarding what you, as a homeowner, can and cannot do in modifying your house or property. As a home purchaser you have agreed to not remove any trees or undertake any building, wall, fence or other structure, exterior color or finish, landscape plan, or to alter the exterior appearance of existing buildings or structures, without first submitting plans and specifications for approval. The restrictions are listed in Article V and/or Article IX in the Declaration (Covenant), which you were given along with your title at the closing. All homeowners in Fearrington Village are required to be members of the master homeowners association (the FHA) according to the original Declarations. If you are living in a single residence neighborhood (Phases I-IV, The Woods, and Bush Creek), you are entirely responsible for maintenance of all aspects of your home and property and your responsibility for covenant compliance is to the FHA. If you live in a neighborhood with significant common areas, such as interior streets, neighborhood parks, or common structures like roofs and garages, you will be a member of an additional homeowners association (Service Group), which is responsible for the maintenance of the common areas as well as the enforcement of the covenants. At the present time there are a total of 12 phases and service groups within Fearrington Village. The restrictions are somewhat different for each phase and service group and as a result if you are contemplating a renovation or improvement to your property it is essential that you familiarize yourself with the restrictions that apply to your neighborhood before proceeding. An example of the type of disparity you will discover is the difference in setbacks depending on where you live.

When a new house is built in Fearrington Village, the authority for architectural control and covenant enforcement is vested in Fitch Creations, Inc. (FCI). FCI retains authority until it relinquishes all lots in that development or assigns the authority in writing, thereby transferring architectural control and covenant enforcement to the FHA or the Board of your service group. If yours is a home in an area which is still controlled by FCI, your request for architectural review should be submitted to Laura Morgan at FCI (545-5710 or laura@fearrington.com). If you live in Phases I-IV, The Woods, or Bush Creek, FCI has transferred authority to a 3-member committee (Covenants Concerns Committee - CCC) consisting of three members appointed by the FHA Board President. Your application should be submitted to your Area Covenants Committee (ACC) which is appointed by the FHA Board Director for Covenants. Area Covenants Committees can assist you in properly filling out applications and making sure that neighbors have been informed. They will submit your application to the FHA CCC for approval review. Almost all applications are approved. Area Covenants Committees are:

Phase I: Melinda Meade, Bob Roth, Gwil Owen

Phase II: Jim Plalmer, Jack Traywick

Phase III: Reynold Maher, Carol-Ann Greenslade

Phase IV: Bill Stempfle, Pat Harkins

The Woods: Stephen Hudak, Louise Riley, Ed Bonahue

Bush Creek: Paul Niederer, Al Perlman, Craig Fairbrother

If you live in a Service Group (Bradford Place at Fearrington, Inc., Bush Creek Townhomes, Inc., Camden Park, Inc., Countryhouse Service Group V, Inc., Weathersfield Service Group VI, Inc.), check under the listings for your group to determine the responsible committee for covenants concerns. (Click here to see the names and contact information for the officers and committee chairs of the Service Groups.)

It should be noted that if FCI, the architectural review committees of the FHA or of a service group fails to approve or disapprove a proposal within 60 days after your plans and specifications have been submitted, then such approval is no longer required; however, if, as the owner, you elect to proceed you will still be subject to the standard that "no building or other structure shall be erected which violates any of the restrictive covenants contained in the Declaration and the design shall be in harmony with other structures in the subdivision."

The following is partial list of covenants applicable to many phases:

Trees: Each owner is prohibited from removing any tree measuring six inches or more in diameter (outside bark to outside bark) at four feet above the ground without prior written approval of the FHA CCC, or the Service Group Board (SGB).

Maintenance: Each property owner is required to maintain and preserve the owned property in a clean, orderly, and attractive appearance within the spirit of his or her particular phase. Property owners in Phases I-IV, The Woods, and Bush Creek are responsible for maintaining the portion of the street right-of-way between their lot and the street pavement. If any owner fails or refuses to keep its premises free from weeds, underbrush, or refuse piles or other unsightly growths or objects, then FCI, or the FHA, or the SGB, may remove the same at the expense of the owner. The covenants further provide that the cost incurred creates a lien against such lot and that such amount shall be due and payable within thirty days after the owner is billed. Exception: the "right-to-cure" portion of the covenant does not apply to Phase I.

Animals: No animals except dogs and cats shall be kept by the owners and occupants, and those pets shall be confined to the owner's/occupant's premises unless on a leash and under supervision. In most phases a fine not exceeding $25.00 may be assessed for a violation of this provision, however, in some phases the fine can be $25.00 per day; in Country House it is $100 per day.

In non-service group phases, approval will not be granted for the following: gaudy outdoor statuary; artificial plants; and any metal or temporary outdoor storage structures.

In phases with service groups, the following are prohibited: artificial plants; awnings; clothes lines; dog houses; outdoor statuary; outdoor storage structures; screen doors (except for standard approved design) and storm doors; sports equipment including but not limited to basketball backboards; temporary structures; and unlined curtains.

No horses or mini-bikes are permitted on lots, streets, or on the Common Areas.

No house trailers, tents, mobile homes or motor homes, or temporary structures of any kind may be placed on any lot.

No mailboxes or newspaper receptacles shall be placed in the front yards or within the street right-of-ways in front of any house.

No commercial signs by anyone can be placed on any lot except with the written permission of FCI, the CCC or the SGB; or as may be required by legal proceedings. Permission will only be granted if it is reasonably necessary to avert serious hardship to the property owner and authority is reserved to restrict size, color and content of signs.

All garbage cans and trash shall be screened from view from the street or any adjoining lot.

No junk cars may be abandoned within the subdivision or otherwise parked on the lots.

Flagpoles: Freestanding flagpoles are not permitted; flag poles attached to the home are allowed while attaching flagpoles to trees is discouraged. Flags may be flown temporarily on patriotic occasions.

American flag etiquette: Only waterproof flags should be displayed in the rain; flags displayed after dark need to be lighted; torn or faded flags should be mended or replaced ASAP; and flags should never touch the ground. Proper disposal of worn or damaged American flags should be observed Ð that is, burning or delivery to an organization that provides this service.

Use: Only a single or double family residence with appurtenant garage is permitted on any lot in Phases I-IV. In all other phases except Bush Creek, only a single-family residence with appurtenant garage is permitted. No lot can be used for any purpose other than for residential purposes and for purposes incidental or accessory thereto; retail trade, business or manufacturing are prohibited. By a Supplemental Declaration in Bush Creek, owners of lots 816-840, upon approval by FCI/Covenants Committee, may construct (1) an apartment within the primary residence or a separate structure ancillary to the primary residence for occupancy by a guest or domestic; (2) an enclosed annex building for use as an office or workplace; and (3) a detached screen porch, gazebo, or pergola.

Noxious or offensive activity: Noxious or offensive activity is not permitted upon any property, nor is anything tending to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. No owner is allowed to maintain any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, or unpleasant of a nature as may diminish or destroy the enjoyment of other property owners in the neighborhood.

Architectural Control: No building or renovation, wall, fence or other structure will be commenced, erected or maintained by any owner without first obtaining approval in writing of their plans and specifications by the FHA CCC or the SGB. This applies to: (1) any exterior addition to or change or alteration, including repairs and reconstruction due to fire or other casualty; (2) roof lines; (3) color; and (4) any condition or material. The plans and specifications must indicate the nature, kind, shape, height, materials, color and location of what is proposed. Refusal of approval or approval will be as a matter of judgment as to whether what is proposed is compatible architecturally with the neighborhood and doesn't disrupt the harmony of the external design that existed when the property was purchased by the owner.


Enforcement of the covenants and restrictions, if not successfully accomplished by agreement of the parties can be resolved by imposing fines and/or other legal remedies in accordance with the North Carolina Planned Community Act.