Covenants & Restrictions

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Section F Update (08/31/2020)

Section F extension has been approved by the circuit courts.

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Section F Update (08/26/2020)

As posted in prior updates, Section F residents decided to move forward to extend the date of their Declaration of Restrictions until December 31st, 2021, which will set the expiration similar to Section G. Interested members in F queried their fellow F members and the majority are in favor to buy time for future decisions. Another component in the decision is that it appears it’s much harder to re-instate or re-form any Covenants or legal instrument if it expires. This is evidenced with Sections A-E, which I’m told had prior attempts to re-form unsuccessfully.

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Resignation and Steps Forward (08/26/2020)

To the Neighbors of Powderham:

When we moved here 3 1/2 years ago, I wanted to volunteer my time to meet new people and be part of a community. I took the role of Secretary for about a year. When at which point the acting President had fulfilled his term, with no one stepping forward to take this position, I agreed to take it. Through my experience, I did meet and make friends with great people in the neighborhood and enjoyed trying to gain community involvement. However, I’ll be submitting my resignation effectively immediately, as I need to prioritize my time towards managing working from home and guiding my two children through the upcoming virtual school experience. With the recent interest in the neighborhood, I’m hopeful newly engaged people will be able to lead the PNA.

Gena Reeder has volunteered to lead a transition team, in assistance to the board, to bridge the gap and help fill the open board positions.

Also, we understand that there might still be questions about the fate of the covenants, so Gena Reeder and a few other members will be setting up a zoom call for all neighbors to ask questions and be active members in the future of this community. Zoom link information and meeting date/time to follow soon.

Thank you,
Amanda Monger

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NOTICE 4 (08/08/2020): Notice to the Powerham Community

There have been several pro-bono conversations with lawyers on the understanding of how Section F should proceed with their amendment. With this guidance, the following suggested plan for Section F is provided. During these conversations it is important to note that the lawyers pointed out that this is a very unique and complex issue - with questions and challenges that could be raised in many areas, as the documents were not always well constructed.

Purpose: Certain residents expressed interest in extending the Covenants in section F. These organizing parties, “Organizers”, contacted certain residents in F through an informal survey to determine the interest.

PNA's involvement: Because the Covenant document is for Section F and does not reference needing the approval or consent of PNA, this document is not filed on behalf of the PNA. PNA is the moderator/observer of the process.

• PNA as a representative to all members in good standing in the neighborhood will be active in monitoring and witnessing the process. PNA officer(s) will be present at signing and verify an adequate process was upheld.
• PNA will provide a Certificate Letter attesting that an adequate process is upheld to include with any filing.
• PNA is also monitoring/observing development of the amendment document.

Suggested Guideline and PNA commitment:

• Preferably one signing session. August 18-20th.
• Preparation for signing session:
• Delivery of sample amendment to each resident in F, ahead the signing session.
• Notification of time, date, and location of signing.
• Signing session: Held by the Organizers.
• Upon arrival, owner(s) will be presented with a final document and explanation if any changes were made to the sample document.
• All owners shall present identification to prove their person.
• If they so choose, owner(s) will sign on their appropriate line, which lists their name and parcel number. If ownership is jointly held for one property, then all owners for that property must sign.
• By signing, it will attest that the owner has read and accepted the amendment document.
• Parties putting together the signing session will provide a notary to witness the signing and notarize after each resident signature.
• Organizers will provide a signed copy to every owner in F and to the PNA to be posted on the website.
• After signing, if an adequate number of signatures is gathered. A PNA representative will accompany the Organizers to the Chesterfield Court offices to be witness to the filing.

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NOTICE 3 (08/04/2020): Notice to the Powerham Community

As the neighborhood becomes more knowledgeable about the history and status of the Covenants, the following short-term plan can be initiated. To address the expiring term of Section F, residents in Section F can be presented a document to sign for extension of an additional term of around 16 months. The purpose of this date is that it would co-term it with Section G which is set to expire on 01/12/2022. The rationale behind the extension is to allow a little extra time for the residents of F and G, and the other out of expiration Sections, to gather information and make decisions on the future of their section and the neighborhood as a whole. Also, F and G together would help make a contiguous section in the front part of the neighborhood. In order to extend or retain the Covenants, a general notice understanding is that two-thirds of Section F would need to consent. This document would need to be signed by around August 17th or 18th in order to make sure the process and document are correct. There are a few neighbors that have volunteered to reach out to Section F lot owners to walk them through the logistics of the extension and to survey if they will be signing the document. Before filing, the PNA will engage a lawyer for approximately 2-4 hours of billable time in order to review the document before filing.

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NOTICE 2 (08/04/2020): Notice to the Powderham Community

CORRECTION to NOTICE 1:
The Covenants for Section F expire on 08/28/2020.
The Covenants for Section G expire on 01/12/2022.

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NOTICE 1 (07/31/2020): Notice to the Powderham Commuinity

The Powderham neighborhood was developed in eight sections, A through H, from 1976 to 1986. Each time a new section of Powderham was developed, a specific Declaration of Restrictions (Covenants) was created for that particular Section. In 1988, the developer designated the Powderham Neighborhood Association (PNA) to be the Architectural Control Committee (ARC). The Covenants for Sections A through E have since expired. The Covenants for Section F expire on 08/19/2020, and the Covenants for Section G expire on 07/14/2021. We are confirming the expiration date of Section H. In order to identify your lot’s section, please see the legal description on your tax bill or look it up on the Chesterfield County Tax Records website.

There have been discussions in the past about revising and reinstating the Covenants for Sections A through E without resolution.

These are the facts as we know them today and any information that we receive will be provided as gathered. The PNA Board is actively investigating the steps that residents will need to take if the PNA decides to revisit the idea of reinstating the Covenants. Below are links to all of the documents that are known at this time which are comprised of all active and expired Covenants, the assignment of the ARC, and the PNA Architectural Guidelines.

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