The inconsistent and illogical nature of Ivy Hill’s neighborhood restrictions breeds confusion. This convoluted system empowers the Ivy Hill Homeowners Association and its Architectural Committee to exploit ambiguity, resulting in unequal application of rules and decisions that lack transparency and a consistent basis.

While the different neighborhoods are covered by different restrictions, this post aims to help understand what the Ivy Woods Restrictions mean.

I am not a lawyer, and I don’t play a lawyer on TV. This post will consist of my own interpretations of the restrictions.

1. Lots shown on the plat are to be used for single family residential purposes only. No further subdivision of any lot shown on the plat shall be made without the prior written approval of the Architectural Committee.

This section of the deed restrictions clarifies how the land can be used. It states that all the individual plots of land, as they are drawn and shown on the official map (called a “plat”) of the property, are strictly for building single-family homes.

This means you can’t build businesses, multi-family apartment buildings, or anything other than a house intended for one family on these lots.

Furthermore, if you own one of these lots, you are not allowed to divide it into smaller pieces to create new, separate lots without first getting official permission. This permission must be in writing from a specific group, called the Architectural Committee, which is responsible for maintaining the community’s standards and layout. They want to ensure that the original size and number of lots remain consistent unless they give explicit approval for a change.

2. No Structure shall be erected, placed or permitted to remain on any of the foregoing lots other than the one detached single family dwelling, not to exceed two and one-half stories in height at the elevation facing the street, and a private garage.

This paragraph sets strict rules about what kind of buildings you can have on your property and how tall they can be.

First, it says “No Structure shall be erected, placed or permitted to remain on any of the foregoing lots other than the one detached single family dwelling, and a private garage.” This means that on each lot, you are only allowed to have two main types of buildings: a single, stand-alone house that is designed for one family, and a private garage. You cannot build a shed, a detached workshop, a guest house, a pool house, or any other separate structure beyond these two, unless the restrictions elsewhere specifically allow for exceptions. The key here is “one detached single family dwelling,” emphasizing that it must be a house for a single family and not connected to any other dwelling.

Second, the restriction adds a height limit: “not to exceed two and one-half stories in height at the elevation facing the street.” This means that when you look at the house from the street, its height can be no more than two and a half stories. A “story” refers to a full floor of a building, and “one-half story” typically refers to an attic or a finished space within the roofline where the usable floor area is significantly less than a full floor, often because of sloped ceilings. This rule is designed to maintain a consistent look and feel for the neighborhood, preventing overly tall or imposing structures that might block views or feel out of place with other homes.

3. Except with the prior written approval of the Architectural Committee hereinafter referred to, no building of any kind including garages shall be located on any lot less than 40 feet from any street line and no building shall be located less than 15 feet from any side lot line, or less than 50 feet from any rear lot line.

This paragraph lays out important rules about where buildings can be positioned on your property, often referred to as “setback” requirements. These rules are in place to ensure there’s enough space between houses, streets, and property boundaries, contributing to the overall look, safety, and privacy of the neighborhood.

It specifies that no structure, including your house and garage, can be built closer than 40 feet from the front property line, which is typically where your lot meets the street. This ensures a consistent front yard depth throughout the community. Additionally, no building can be closer than 15 feet to either side property line. This side setback creates space between neighboring houses, allowing for light, air circulation, and some privacy. Finally, no building can be closer than 50 feet from the rear property line. This larger rear setback often provides for backyard space and can create a buffer with properties behind yours.

The crucial phrase “Except with the prior written approval of the Architectural Committee” means that while these measurements are the standard, there might be rare exceptions. If, for some extraordinary reason, you need to place a building closer to a property line than these rules allow, you would first need to get special permission in writing from the Architectural Committee. This committee has the authority to approve or deny such requests to maintain the community’s standards and ensure any exceptions are justified and don’t negatively impact the neighborhood.

4. No residential structure which has a minimum area of less than 1800 square feet of heated area for two story and 1500 square feet of heated area for one story structures exclusive of all porches, basements, and garages shall be erected or placed on any lot.

This paragraph sets a minimum size requirement for any house built on these lots, ensuring that homes in the community meet a certain standard of spaciousness.

Specifically, it states that if you build a two-story house, it must have at least 1,800 square feet of “heated area.” Similarly, if you build a one-story house, it must have a minimum of 1,500 square feet of “heated area.” The term “heated area” is important because it means only the living space within the house that is heated, and typically air-conditioned, is counted towards this minimum.

Crucially, the rule explicitly says “exclusive of all porches, basements, and garages.” This means that the square footage of unheated spaces like open or screened porches, any basement area (even if it’s finished but not considered primary heated living space), and all garage space are not included when calculating if the house meets the minimum size requirement. This ensures that the house’s main living areas are genuinely spacious, rather than simply counting additional, less-used spaces to meet the minimum. This type of restriction helps maintain property values and the overall character of the neighborhood by preventing the construction of smaller homes that might be seen as inconsistent with the community’s standards.

5. No building, fence, outside lighting, screen planting, or other structure or improvement shall be erected, placed or altered on any lot until the proposed building plans and specifications showing floor plans, the four elevations, exterior color or finish, roofing material, a plot plan detailing the proposed location of such building or structure, drives and parking areas and the construction schedule have been filed with and approved in writing by the Architectural Committee. Refusal or approval of plans, location or specification may be based by the Architectural Committee upon any ground, including purely aesthetic conditions, which in the sole and uncontrolled discretion of the Architectural Committee shall seem sufficient. Architectural design giving a rustic appearance will be encouraged by the Architectural Committee. This restriction is subject to the proviso that in the event no suit to enjoin the erection of a building or the altering of existing buildings has been commenced prior to the completion of the work, such approval will not be required and this covenant will be deemed to have been fully satisfied.

This paragraph is quite comprehensive and outlines a strict control over almost any change you might want to make to the exterior of your property, emphasizing the role of the Architectural Committee.

First, it states that before you can build, place, or even change nearly anything on your lot – including a house, fence, outdoor lighting, landscaping that screens views (like a hedge), or any other structure or improvement – you must get written approval from the Architectural Committee. To get this approval, you need to submit a detailed set of plans. These plans must show the layout of the floors, how the house will look from all four sides (elevations), the color or type of finish on the outside, the roofing material, a map showing exactly where the building or structure will be located on your lot, and plans for driveways and parking areas. You also need to provide a schedule of when the construction will happen.

Second, the paragraph gives the Architectural Committee broad power to deny your plans. It explicitly says that their refusal to approve plans, location, or specifications can be based on “any ground, including purely aesthetic conditions,” and that their decision is based on their “sole and uncontrolled discretion.” This means they don’t necessarily need an objective reason for denial; if they simply don’t like the look or feel of your proposed change, they can reject it. On a related note, the committee specifically states they will “encourage” architectural designs that have a “rustic appearance,” giving you a hint about their preferred style for the community.

Finally, there’s an important “proviso” or condition at the end. It says that if you go ahead and build or alter something without getting the committee’s approval, but no lawsuit is filed to stop your work before it’s completed, then the requirement for approval is waived, and it’s considered that the rule has been met. Essentially, if they don’t catch you and take legal action before the work is finished, you’re in the clear regarding this specific approval process. This doesn’t mean you can ignore the other restrictions (like setbacks or size), but specifically for the approval process, completion without objection is key.

6. No noxious or offensive activity shall be carried on within this subdivision, nor shall anything be done thereon which shall constitute a nuisance to the adjoining landowners. No signs or billboards shall be erected or maintained on any lot unless approved in advance by the Architectural Committee. No trade materials or inventories may be stored upon the premises and no trucks (including, but not limited to, pickup trucks), vans, trailers (including, but not limited to, campers, recreational vehicles, mobile homes, or house trailers), boats or tractors may be stored or regularly parked on the premises except in a garage or well screened enclosure. All trash and garbage must be kept in underground receptacles unless within the utility yard referred to in Paragraph II hereof. No Business activity or trade of any kind whatsoever shall be carried
on upon any building site.

This paragraph outlines a series of important rules designed to maintain the peace, appearance, and residential character of the subdivision. It covers activities, storage, waste, and commercial use.

First, it broadly prohibits any “noxious or offensive activity” or anything that would “constitute a nuisance to the adjoining landowners.” This is a general clause meant to prevent anything that is loud, smelly, disruptive, or otherwise annoying and bothersome to your neighbors, or anything that could negatively impact their enjoyment of their property. This could include excessive noise, strong odors, or unsightly conditions.

Second, it specifically addresses signage, stating that “No signs or billboards shall be erected or maintained on any lot unless approved in advance by the Architectural Committee.” This gives the committee control over what kind of signs, if any, are allowed in the neighborhood, ensuring a consistent and uncluttered aesthetic.

Next, the restrictions get very specific about storage and parking. It says, “No trade materials or inventories may be stored upon the premises.” This means you cannot keep supplies or products related to a business on your property. Furthermore, it restricts the parking and storage of certain types of vehicles and equipment: “no trucks (including, but not limited to, pickup trucks), vans, trailers (including, but not limited to, campers, recreational vehicles, mobile homes, or house trailers), boats or tractors may be stored or regularly parked on the premises except in a garage or well screened enclosure.” This is a common rule in residential communities to prevent large, commercial-looking, or recreational vehicles from being visible, which can detract from the neighborhood’s appearance. If you own such items, they must be kept out of sight, either inside your garage or in a designated area that is effectively hidden from view.

Regarding waste, it mandates that “All trash and garbage must be kept in underground receptacles unless within the utility yard referred to in Paragraph II hereof.” This means trash cans should generally be out of sight, either buried or kept in a specific, designated area (a “utility yard”) that is mentioned in another part of the deed restrictions, likely referring to an area designed to hide utilities and waste.

Finally, and very importantly, it reiterates and strengthens the residential nature of the community: “No Business activity or trade of any kind whatsoever shall be carried on upon any building site.” This explicitly forbids using your home or property for any commercial purpose, whether it’s operating a retail business, a service, or any other type of trade. This is designed to preserve the residential tranquility and prevent increased traffic or disruption often associated with commercial operations.

7. No trailer (including, but not limited to, campers, recreational vehicles, house trailers and mobile homes), basement (unless said basement is part of a residence erected at the same time), tent, shack, barn or other outbuilding shall be erected or placed on any property covered by these covenants, except as a specifically permitted herein.

This paragraph specifies certain structures and temporary dwellings that are generally prohibited within the subdivision, reinforcing the desired aesthetic and residential character of the community.

It states that you cannot erect or place “trailer[s] (including, but not limited to, campers, recreational vehicles, house trailers and mobile homes)” on any property. This means that various types of trailers, whether they are used for camping, recreation, or as a dwelling, are not allowed to be set up or stored on a lot, except possibly if stored within a garage or well-screened enclosure as mentioned in a previous rule, but not as a primary dwelling or visible fixture.

It also prohibits “[a] basement (unless said basement is part of a residence erected at the same time).” This means you cannot just dig a hole and build a standalone basement structure. A basement is only allowed if it is constructed as an integrated part of a new house being built concurrently. This prevents the creation of standalone underground structures.

Furthermore, “[no] tent[s], shack[s], barn[s] or other outbuilding[s] shall be erected or placed on any property covered by these covenants, except as a specifically permitted herein.” This is a broad prohibition against temporary shelters, crude structures, agricultural buildings, or other ancillary buildings that are not explicitly allowed by the deed restrictions (like the permitted private garage). This aims to maintain a tidy and consistent appearance throughout the neighborhood by preventing the presence of non-standard or temporary structures that might detract from property values or the community’s ambiance.

8. No animals or poultry of any kind, other than house pets shall be kept or maintained on any lot.

This paragraph states that “No animals or poultry of any kind, other than house pets shall be kept or maintained on any lot.” This means you are generally not allowed to keep farm animals like chickens, cows, pigs, or other livestock (“poultry” refers to birds like chickens, ducks, or turkeys). The only exception allowed is “house pets.” While “house pets” isn’t strictly defined, it typically refers to common domestic animals like dogs, cats, small birds, or fish, that are traditionally kept inside a home and are not usually associated with farming or commercial breeding. The intention is to maintain a residential environment free from the noise, odors, or other issues that might arise from keeping larger or farm-type animals.

9. Adequate off-street parking shall be provided by the owner of each lot for the parking of the automobile or automobiles of such owner and his household and owners of lots shown on said plat shall not park their automobiles on the streets in this subdivision.

This paragraph addresses parking rules within the subdivision, focusing on keeping the streets clear and ensuring residents have proper parking on their own property.

It states that the owner of each lot is responsible for providing “adequate off-street parking” for their own vehicles and those of their household members. “Off-street parking” means parking that is on your property and not on the public street, such as in a garage or on a driveway. The expectation is that you will have enough space on your lot to park all the cars belonging to you and anyone else living with you.

The second part of the rule is a direct prohibition: “owners of lots shown on said plat shall not park their automobiles on the streets in this subdivision.” This means that residents are not allowed to park their cars on the neighborhood streets. This is a common restriction aimed at keeping streets clear for emergency vehicles, maintaining an uncluttered appearance, and often to make the neighborhood feel safer for pedestrians and children playing. Essentially, all resident vehicle parking must occur on their individual properties.

10. Each owner shall keep his property in this subdivision free of tall grass, undergrowth, dead trees, trash and rubbish and properly maintained so as to maintain a pleasing appearance and prevent erosion.

This paragraph places a clear responsibility on every property owner within the subdivision to maintain their lot to a certain standard, focusing on aesthetics and environmental protection.

It requires each owner to keep their property “free of tall grass, undergrowth, dead trees, trash and rubbish.” This means you can’t let your lawn become overgrown, allow excessive weeds or wild plants to take over, or leave dead trees standing. Similarly, you are responsible for ensuring your property is clean and free of any discarded items or waste.

Beyond just removing these specific nuisances, the paragraph broadly states that the property must be “properly maintained so as to maintain a pleasing appearance and prevent erosion.” This means that the overall upkeep of your yard and property should contribute positively to the neighborhood’s look. “Prevent erosion” implies that if your property has a slope or is prone to soil loss, you are responsible for taking measures, such as proper landscaping or drainage solutions, to keep the soil in place. The overall aim of this rule is to ensure that all properties contribute to the community’s neat, attractive, and well-kept environment.

11. The following buildings, structures and objects may be erected and maintained and allowed to remain on a building site only if the same are located wholly within the main residence, a garage or wholly within a utility yard; pens, yards and houses for pets, above ground storage of construction materials, wood, coal, oil and other fuels, clothes racks and lines, clothes washing and drying equipment, laundry rooms, tool shops and workshops, garbage and trash cans, boats and boat trailers and receptacles (other than underground receptacles referred to in Paragraph 6 hereof) and above ground exterior air-conditioning and heating equipment and other mechanical equipment and any other structures or objects determined by the Architectural Committee to be
of unsightly nature or appearance. If a utility yard is utilized to enclose any one or more of the above mentioned items, said utility yard shall be walled or fenced and the entrance thereto shall be screened using materials and with a height and design approved by the Architectural Committee.

This paragraph details what specific items and structures are generally considered unsightly or disruptive and, therefore, must be kept out of plain sight within the subdivision. It also describes how they should be concealed if a “utility yard” is used for that purpose.

Essentially, it creates a list of things that must be hidden from view. These include: pens, yards, and houses for pets; any construction materials or building supplies that are stored above ground; materials like wood, coal, oil, and other fuels; clothes racks and lines; outdoor clothes washing and drying equipment; laundry rooms (if they’re separate structures); tool shops and workshops; garbage and trash cans (unless they are the underground type mentioned earlier); boats and boat trailers; and any above-ground outdoor air-conditioning, heating, or other mechanical equipment. The Architectural Committee also has the power to add “any other structures or objects” to this list if they decide they are “of unsightly nature or appearance.”

The crucial part is where these items are allowed to be. They can only be located in one of three places: wholly within the main residence (inside your house), wholly within a garage, or wholly within a utility yard. If you choose to use a utility yard to hide any of these items, that utility yard itself must be enclosed. It needs to be walled or fenced, and its entrance must be screened. The specific materials, height, and design of this wall, fence, and screen must all be approved by the Architectural Committee to ensure it blends in with the neighborhood’s aesthetics. This rule aims to maintain the visual appeal of the community by preventing various functional but often unsightly items from being openly displayed.

12. Notwithstanding the requirements of Paragraph 11 above, owners will be permitted to maintain unenclosed wood piles which are neatly stacked and kept for firewood purposes and which said wood piles do not exceed a length of 12 feet and a height of 4 feet.

This paragraph provides a specific exception to the previous rule (Paragraph 11) about hiding unsightly items, particularly wood piles.

While Paragraph 11 generally requires outdoor storage items like materials and fuels to be kept out of sight within a garage, residence, or screened utility yard, this new paragraph creates an allowance for firewood. It states that “owners will be permitted to maintain unenclosed wood piles” meaning these wood piles do not have to be hidden behind a fence or within an enclosure.

However, this permission comes with specific conditions: the wood piles must be “neatly stacked” to maintain a tidy appearance, and they cannot exceed a “length of 12 feet and a height of 4 feet.” This ensures that while visible, the wood piles remain reasonably sized and orderly, preventing them from becoming an eyesore or an excessive accumulation. Essentially, it’s a practical compromise for residents who burn firewood, allowing them to store it openly as long as they keep it neat and within a defined size limit.

13. All telephone, electric and other utility lines and connections between the main utility lines and residence and other buildings located on each building site shall be concealed and located underground so as not to be visible.

This paragraph sets a very clear rule about how utility connections on your property must be installed.

It states that “All telephone, electric and other utility lines and connections between the main utility lines and residence and other buildings located on each building site shall be concealed and located underground so as not to be visible.” This means that any wires or pipes that bring services like electricity, telephone, internet, water, or gas from the main utility lines (which are typically along the street or property edge) to your house or other permitted buildings (like a garage) must be buried beneath the ground. They cannot be strung above ground on poles or run visibly along the surface. The purpose of this rule is purely aesthetic: to ensure that the neighborhood has a clean, uncluttered appearance without unsightly overhead wires or exposed utility connections.

14. No living trees which have a diameter of over 5 inches may be cut on any lot except with the prior written approval of the Architectural Committee. Approval for the removal of trees located within 10 feet of the main dwelling or garage or within 10 feet of the approved site for such building will be granted unless such removal will substantially decrease the beauty of the lot.

This paragraph regulates the cutting of larger trees on any lot within the subdivision, emphasizing the preservation of the natural landscape and the role of the Architectural Committee in this process.

It states that you are generally not allowed to cut down “living trees which have a diameter of over 5 inches” without first getting “prior written approval of the Architectural Committee.” This means that for any significant tree, you need permission before removing it, which highlights the community’s desire to maintain its tree cover and aesthetic appeal.

However, there’s a specific exception to this rule: “Approval for the removal of trees located within 10 feet of the main dwelling or garage or within 10 feet of the approved site for such building will be granted unless such removal will substantially decrease the beauty of the lot.” This means if a tree is within a 10-foot radius of your existing house, garage, or where a new house or garage is approved to be built, the committee is generally expected to grant permission for its removal. The only reason they would deny such a request is if cutting that specific tree would significantly harm the overall beauty of your lot. This exception acknowledges that some trees might need to be removed for construction, safety, or practical reasons related to the buildings on the property, but still gives the committee a final say on preserving the lot’s aesthetic value.

15. Allen W. Harvey and Fern W. Harvey, for themselves and their successors and assigns, hereby reserve, and are given a perpetual easement, privilege and right for utility purposes, on, in and under a five (5) foot strip along the rear line of each building site and on, in and under a five (5) foot strip along the interior side lot line of each subdivision lot.

This paragraph describes a very important legal right, called an “easement,” that the original property owners (Allen W. Harvey and Fern W. Harvey) have set aside for utilities.

Here’s a breakdown:

• “Allen W. Harvey and Fern W. Harvey, for themselves and their successors and assigns, hereby reserve…”: This means the original developers, the Harveys, are keeping a specific right, and this right will also belong to anyone who takes over from them (their “successors”) or anyone they transfer this right to (“assigns”). So, this isn’t just a temporary right for them, but one that continues indefinitely.
• “…and are given a perpetual easement, privilege and right for utility purposes…”: An “easement” is a legal right to use someone else’s land for a specific purpose. “Perpetual” means it lasts forever. The “privilege and right” specify that they (or their successors/assigns) can use this defined area of your property specifically for “utility purposes.”
• “…on, in and under a five (5) foot strip along the rear line of each building site…”: This part defines the first area where the easement applies. It’s a 5-foot wide strip of land that runs along the entire back boundary of every lot in the subdivision. Utilities could be placed on top of this land, within it, or buried underneath it.
• “…and on, in and under a five (5) foot strip along the interior side lot line of each subdivision lot.”: This defines the second area for the easement. It’s another 5-foot wide strip, but this time it runs along the “interior side lot line.” An “interior side lot line” is the boundary line between your lot and your neighbor’s lot, as opposed to the side that faces the street. This means the easement typically runs along one (or both, depending on how “interior” is interpreted in the context of the plat) of the side boundaries you share with a neighbor.

In simpler terms: Even though you own your entire lot, there are specific 5-foot wide strips of land—one along your back property line and one along each shared side property line—where the original developers (or the utility companies they’ve given the right to) have a permanent legal right to access, install, maintain, or repair utility lines (like water pipes, sewer lines, electricity cables, phone lines, etc.). This means you typically cannot build permanent structures, plant large trees, or do anything that would block or interfere with the utility companies’ access to these specific areas.

16. These restrictions are to run with the land and shall be binding until January 1, 2000, at which time said restrictions shall automatically be extended for successive periods of ten (10) years unless by instrument duly signed and acknowledged by the owners of the property constituting not less than 75% of the lots shown on all the recorded plats of the Ivy Woods Subdivision Complex and duly recorded in the Clerk’s Office of the Circuit Court of Bedford County, Virginia, said restrictions are terminated in whole or in part. By instrument duly signed and acknowledged by the owners of all lots shown on the aforesaid plats and recorded in the aforesaid Clerk’s Office, these restrictions may be at any provision with respect to the membership, responsibility, powers or duties of the Architectural Committee may be amended only by instrument duly recorded, signed, and acknowledged by the owners of all lots in the Ivy Woods Subdivision complex and subject to restrictions pertaining to such Architectural
Committee.

This paragraph is crucial because it explains how long the deed restrictions will be in effect and, importantly, how they can be changed or ended.

First, it states that “These restrictions are to run with the land and shall be binding until January 1, 2000.” This means the rules are permanently attached to the property itself, not just the current owner, and were initially set to be active until the year 2000.

However, the key part is what happens after that date: “at which time said restrictions shall automatically be extended for successive periods of ten (10) years unless by instrument duly signed and acknowledged by the owners of the property constituting not less than 75% of the lots shown on all the recorded plats of the Ivy Woods Subdivision Complex and duly recorded in the Clerk’s Office of the Circuit Court of Bedford County, Virginia, said restrictions are terminated in whole or in part.” This means that unless a significant number of property owners (at least 75%) formally agree in writing to end or change the restrictions, they will automatically renew for another ten years, and this will keep happening every ten years indefinitely. To terminate or alter them, this agreement must be properly signed, notarized (“acknowledged”), and officially filed (“duly recorded”) in the county’s public records.

The paragraph then discusses how the restrictions can be amended more generally: “By instrument duly signed and acknowledged by the owners of all lots shown on the aforesaid plats and recorded in the aforesaid Clerk’s Office, these restrictions may be at any provision with respect to the membership, responsibility, powers or duties of the Architectural Committee may be amended only by instrument duly recorded, signed, and acknowledged by the owners of all lots in the Ivy Woods Subdivision complex and subject to restrictions pertaining to such Architectural Committee.” This part is a bit convoluted but essentially sets out two levels of amendment:

1. General amendments to “these restrictions”: It says “these restrictions may be at any provision…” (likely a typo, probably meaning “these restrictions may be amended at any provision…”). For any general change to the restrictions, it typically requires all lot owners to sign and record an agreement.
2. Specific amendments to the Architectural Committee rules: It then clarifies that any changes to the “membership, responsibility, powers or duties of the Architectural Committee” require the agreement of all lot owners in the entire Ivy Woods Subdivision complex and must be formally recorded. This suggests that changes related to the committee’s structure and authority are particularly protected and require unanimous consent from all property owners in the complex.

In essence, these restrictions are designed to be long-lasting and are difficult to remove or change, particularly those concerning the Architectural Committee, requiring broad, if not unanimous, agreement from property owners and formal legal procedures.

17. The Architectural Committee, hereinabove from time to time mentioned, shall consist of five (5) persons appointed annually on the first day of June by Allen W. Harvey and Fern W. Harvey, their successors or assigns, to serve for one (1) year or until their successors shall have been duly appointed. Any vacancy occurring in the membership of said Committee may be filled for the
balance of the unexpired term by majority vote of the remaining members of the committee. One member of such Committee shall be a qualified architect. Said Committee shall select one of its members as Chairman, keep written minutes of its proceedings, and have the right to establish reasonable by-laws, rules and regulations for carrying on its business. Any matter submitted in
writing to all members of the Architectural Committee with written request for approval by said Committee which is neither approved nor disapproved within thirty (30) days after such submission shall be deemed to have been approved.

The Architectural Committee may, by unanimous written consent, designate one (1) of its members to act for it with respect to such matters as said Committee may see fit, but such designation shall be subject to termination at any time by the Committee upon request of any member thereof. No Committee member shall be entitled to compensation for serving as such.

This paragraph provides a detailed structure and set of rules for the Architectural Committee, which plays a central role in enforcing the deed restrictions.

First, it specifies the committee’s composition: it “shall consist of five (5) persons.” These five members are appointed annually on June 1st by the original developers, Allen W. Harvey and Fern W. Harvey, or whoever legally takes over their rights (“their successors or assigns”). Each appointment is for a term of one year, or until new members are properly appointed. If a spot on the committee becomes vacant before the term is up, the remaining members can fill that spot by a majority vote for the remainder of that term. A specific qualification is also stated: “One member of such Committee shall be a qualified architect,” ensuring professional expertise in design matters.

Next, it outlines the committee’s internal operations. The committee itself will choose its Chairman, and it is required to “keep written minutes of its proceedings,” which ensures a record of their decisions. They also have the authority to create “reasonable by-laws, rules and regulations” to govern how they conduct their business. A very important procedural rule is that if you submit a request for approval to the committee in writing, and they don’t approve or disapprove it within 30 days, your request is “deemed to have been approved.” This provides a timeline for decisions and prevents indefinite delays.

Finally, the paragraph addresses delegation and compensation. The committee can, if all members agree in writing (“by unanimous written consent”), designate one of its members to act on its behalf for certain matters. However, this power can be taken back at any time if any committee member requests it. Lastly, it clarifies that serving on the Architectural Committee is a voluntary position, and “No Committee member shall be entitled to compensation for serving as such.”

18. These restrictions shall be enforceable at law or equity by Allen W. Harvey and Fern W. Harvey, their successors or assigns, as well as by the owner or owners of lots in the Ivy Woods Subdivision Complex. Invalidation of any of these restrictions or any part thereof by judgment or Court Order or otherwise, shall not affect any other provision hereof which shall remain in full force and effect.

This paragraph addresses how the deed restrictions will be enforced and what happens if one part of them is found to be invalid.

Firstly, it states who has the right to enforce these rules: “These restrictions shall be enforceable at law or equity by Allen W. Harvey and Fern W. Harvey, their successors or assigns, as well as by the owner or owners of lots in the Ivy Woods Subdivision Complex.” This means that the original developers (the Harveys) or whoever takes over their rights, and also any individual property owner within the subdivision, can take legal action to ensure that the rules are followed. This provides multiple parties with the authority to uphold the community standards.

Secondly, it includes a “severability” clause: “Invalidation of any of these restrictions or any part thereof by judgment or Court Order or otherwise, shall not affect any other provision hereof which shall remain in full force and effect.” This is a standard legal protection. It means that if a court rules that one particular restriction, or even just a part of one restriction, is illegal or unenforceable for some reason, that decision will not cause all the other restrictions to become invalid. All the remaining rules that were not specifically struck down will continue to be fully binding and enforceable. This ensures the majority of the community’s rules remain intact even if a challenge to a specific clause is successful.

19. These reservations and restrictions shall be applicable only to the property shown on the plat with which these reservations and restrictions are recorded and shall not be applicable to any adjacent property or other property owned by Allen W. Harvey and Fern W. Harvey unless expressly made so applicable by a further deed of dedication. The term “Ivy Woods Subdivision Complex” as used herein refers to Block 1, Section 1, Ivy Woods Subdivision and additional
adjoining areas as may have been developed by Allen W. Harvey and Fern W. Harvey under the name “Ivy Woods Subdivision” at the time in question.

This final paragraph clarifies the geographical scope of these specific deed restrictions and defines a key term used throughout the document.

First, it states: “These reservations and restrictions shall be applicable only to the property shown on the plat with which these reservations and restrictions are recorded and shall not be applicable to any adjacent property or other property owned by Allen W. Harvey and Fern W. Harvey unless expressly made so applicable by a further deed of dedication.” This is very important. It means that the rules you’ve just reviewed only apply to the specific lots that are officially part of the recorded map (plat) that accompanies these restrictions. If the original developers, Allen W. Harvey and Fern W. Harvey, own land right next to this subdivision, or other properties elsewhere, these particular restrictions do not automatically apply to those other properties. For these rules to apply to any additional land, the Harveys would have to specifically and formally extend them through another legal document called a “deed of dedication.” This prevents the rules from inadvertently affecting properties not intended to be part of this specific restricted community.

Second, it defines the phrase “Ivy Woods Subdivision Complex”: “The term ‘Ivy Woods Subdivision Complex’ as used herein refers to Block 1, Section 1, Ivy Woods Subdivision and additional adjoining areas as may have been developed by Allen W. Harvey and Fern W. Harvey under the name ‘Ivy Woods Subdivision’ at the time in question.” This provides a clear definition of the full scope of the development that these restrictions, or related ones, might cover. It indicates that “Ivy Woods Subdivision Complex” includes not just the initial “Block 1, Section 1” but also any other nearby areas that the Harveys have developed (or will develop in the future) and named as part of “Ivy Woods Subdivision.” This means that when other parts of the document refer to the “Complex,” they’re talking about all phases of the Ivy Woods development that fall under the Harveys’ master plan, which might be subject to similar or coordinated restrictions.