Executive Summary: These Restrictive Covenants require buyers of property in Aeries on the Bay to adhere to specific exterior paint, siding, fences, and rental periods. Upon conducting a title search, you should have been made aware by your title guarantee company that multiple restrictions are in force on deeds in Aeries, and they “run with the land”, are legally enforceable, and no disclosure package is required, as we were formed prior to the Virginia HOA Act was passed. In pre HOA neighborhoods, deed restrictions are enforced by civic associations, which is how it works in Aeries. Any desired changes must be submitted in writing to the Aeries on the Bay Civic League at aeriesonthebaycl@gmail.com. The “Declarant” in these documents is now the Civic League. We will look favorably on changes that enhance and keep to the spirit of the original development. Changes to allow vinyl siding or non-standard fences will be rejected. Changes that extend decks beyond the party walls or block pedestrian easements will similarly be rejected. The covenants listed below start with the original construction called “Phase 1” and then they are essentially duplicated for “Phase 2”. You may note that these documents do not specifically state paint color or siding materials approved except for fences, but note that all changes to the exterior appearance of any unit must be approved by the “Declarant”- the Civic League
Also note that short term rentals are specifically not allowed, the minimum rental period is 30 days!
Phase 1
Covenants and Restrictions – Phase 1, 2nd Amendment, September 5, 1984
Covenants and Restrictions – Phase 1 Amendment, April 17, 1984 (Commonly known as the No summer or weekly rental amendment)
Covenants and Restrictions – Phase 1, November 19, 1983
Phase 2
Covenants and Restrictions – Phase 2, Lots 92-120, January 10, 1986
Covenants and Restrictions – Phase 2, Part A, 2nd Amendment, September 5, 1984
Covenants and Restrictions – Phase Phase 2, Part A, Amendment, May 2, 1984
Covenants and Restrictions – Phase 2, Part B, Resubdivision, August 9, 1984
Covenants and Restrictions – Phase 2, Part A, April 16, 1984
Covenants and Restrictions-Phase 2, Part C, August 27, 1985
Covenants and Restrictions – Phase 2, Part C, January 22, 1985
Change In Declarant
Change in Declarant – This transfers the duties of the”declarant” (The builder) to the Civic League.