The Declaration for Brambleton is the legal document for the Brambleton Community Association that contains covenants and use restrictions, including those pertaining to the Design Guidelines. The Declaration is recorded in the land records of Loudoun County. Legally, these covenants are a part of the deed for each Lot and are binding upon all Lot Owners, their tenants and their successors in Ownership, irrespective of whether the Owners are familiar with such covenants. The Declaration is the legal basis for the protective covenants and any rules/regulations adopted pursuant thereto, including these Design Guidelines.
The objective of restrictive covenants is to preserve property values through legally enforceable standards pertaining to use, maintenance, environmental and architectural design throughout the entire Brambleton
Community. These standards preserve property values by adhering to three (3) general but fundamental principles:
- Maintain consistency with the overall design concept for the community. Exterior structures, landscape walls, fences, and other modifications are to be of similar design and construction to the main dwelling structures to achieve a visual rhythm and identity within the different sections of Brambleton.
- Maintain the unique architectural styles and characteristics of the different sections within the community. Part of the overall design concept of the Brambleton Community are the various sections within Brambleton which display unique architectural styles and design characteristics. This stylistic heterogeneity within Brambleton makes our community more visually interesting and appealing. Thus, alterations, improvements and colors of individual residences within a section must be coherent with and maintain the design scheme of that section, and of course present a professionally finished appearance of high-quality workmanship.
- Promote the interplay between architectural design and environmental qualities and features. Nature should be preserved whenever possible. Improvements should blend in and harmonize with natural surroundings to create a naturescape. Brambleton encourages the creation of ambience between landscape and structure, and between interior and exterior, by using native plants, curved landscaping beds, foundation shrubs and ground cover.
The Association is also responsible for the administration and enforcement of all covenants which are applicable to property owners, including the Design Guidelines. The Declaration (Article 9) Architectural Review provides that responsibility for the enforcement of the Design Guidelines shall be exercised through the Covenants Committee, the members of which are appointed by the Board of Directors of the Association.
The Covenants Committee is responsible for enforcing the Association's Design Guidelines with respect to exterior modification to homes proposed by Lot Owners. The Committee shall review and approve (or disapprove) applications submitted by Lot Owners for exterior additions, alterations or modifications to a home or Lot. Owners have the right to request reconsideration of the Covenants Committee's decision by written request. After that appeal is exhausted they have a right to appeal to the Board of Directors whose decision is final. The review process is governed by the Design Guidelines, Design Criteria and the Declaration as approved by the Association's Board of Directors.
The Committee is also responsible for enforcement of the Property Standards for all residents and for reviewing possible violations of the Association's Design Guidelines, as well as violations of the Association's legal documents and rules and regulations. Homeowners have the right to a Hearing before the Committee concerning ongoing violations and have a right to Due Process. The committee has authority to take enforcement actions which may include, but are not limited to, the suspension of use privileges of the Recreation Facilities and other Common Areas, removal of voting rights and assessment of charges.