NOTE: The below information is consolidated from the Covenants and Bylaws, with additional information from the Fairfax County Zoning Ordinance. This consolidated information is provided as a convenience to HPA members and may not reflect the most current information. Members should use this information as general reference material, relying on the HPA Covenants and Bylaws and official Fairfax County ordinances and statutes for the most current information.
From the HPA Covenants Article 6 – General Protective Covenants, Restrictions, and Easements
6.1. To the extent that any of the covenants, restrictions, and easements in this Article are less restrictive than existing statutes or Fairfax County Code regulations, they shall be superseded by statute or Code.
6.2 The covenants, restrictions, and easements in this Article shall apply to all Lots, to the Members, and to Associate Members.
6.3. No structure shall be erected, placed, or permitted to remain on any residential Lot other than one detached, single-family, custom-built residence, together with a private garage and/or other appurtenant structure(s).
6.4. No house shall be built on any Lot within fifty (50) feet of the front property line (street-facing), forty (40) feet from the Potomac River shoreline at mean high tide, twenty (20) feet of the side property lines, and twenty-five (25) feet of the rear property line. Note: Corner lots are deemed to have two (2) front property lines.
6.5. Each residence constructed on any Lot shall have a finished, above-grade living space, excluding open porches, terraces, breezeways, and garages, of not less than 2,500 square feet.
6.6. No trailer, tent, mobile home, or temporary structure shall be used for living quarters.
6.7. Each residence shall have a garage or parking area sufficient to provide off-street parking for all cars, boats, campers, and other vehicles used by the residents and any overnight guests.
6.8. Each residence, all appurtenant structures, and landscaping shall be constructed and maintained so that the view of the Potomac River from other riverfront residences is not substantially or unreasonably impaired.
6.9. Each residence, all additions, appurtenant structures, and landscaping shall be constructed and maintained in accordance with such additional architectural guidelines and criteria as shall, from time to time, be prescribed and published by the Board of Directors and approved by the Association, and as further defined in Article 7 of these Covenants and in the Association Bylaws.
6.10. No Lot shall be cleared until approval is granted by the Board of Directors.
6.11. No Lot or any building or structure erected thereon shall be used as a place of business or as part of a commercial operation unless such business or commercial operation complies with all requirements established by the Board of Directors and approved by the Association, and the regulations, laws, and ordinances of Fairfax County, Virginia, including but not limited to the Fairfax County Zoning Ordinance, as it may be amended from time to time. This covenant is not intended to prohibit residents from pursuing hobbies or non-commercial activities involving the use of a Lot, provided such use does not violate any provision of this Declaration or the laws, ordinances, and regulations of Fairfax County, Virginia, as promulgated and amended from time to time.
6.12. The Association reserves the right at any time to enter upon any Lot for the purpose of clearing the Lot of trash or any other unsightly matter or things which have been deposited or accumulated on such Lot; such action will be taken only after reasonable notice to the Owner thereof and request that the Lot Owner remove all objectionable material. Any costs incurred will be billed as an individual assessment to the Lot, and if not paid shall become a lien against the Lot in favor of the Association and shall be enforced and perfected as hereinabove provided for the lien for dues and assessments. The reservation of this right by the Association does not relieve Lot Owners from their responsibility to maintain their Lots in a safe and sightly manner in accordance with Fairfax County Code.
6.13. No sign, billboard, or other similar device shall be erected, placed or maintained upon any Lot or Community Property in Hallowing Point except as provided below:
6.13.1. Temporary “For Sale” or “For Rent” signs are permitted in accordance with Fairfax County statutes and zoning ordinances.
6.13.2. Temporary political campaign signs are permitted in accordance with Fairfax County statutes and zoning ordinances.
6.13.3. Signs may be erected by the Association on the Community Property to further the interests of the community.
6.13.4. Security alert signs, including “No Trespassing” signs, are permitted in accordance with Fairfax County statutes and zoning ordinances.
6.13.5. Nothing in this paragraph shall be construed to restrict the display of signs otherwise required by Fairfax County statute or zoning ordinance.
6.14. Materials, equipment, or vehicles may not be stored on Community Property without the consent of the Board of Directors.
From the HPA Covenants Article 7 – Architectural Review
7.1. Hallowing Point is a residential community of wooded home sites featuring residential homes of individual design utilizing the natural topography to the maximum extent possible. To ensure preservation of the community character, all site plans, specifications, plats, and plans for external design of all improvements in Hallowing Point must be approved by the Board of Directors prior to commencement of any construction, clearing, or grading of any Lot, or the construction or erection of any improvements thereon.
7.2. The Board of Directors shall, from time to time, publish and prescribe architectural guidelines and criteria, subject to approval by the Association. Such architectural guidelines and criteria shall apply to all Lots and shall be included in the Association’s Bylaws.
7.3. Proposed projects on any Lot, including the site plan, building plans, and all other specifications, shall conform to all Covenants, conditions and restrictions herein contained, and shall conform to any and all other architectural guidelines and criteria prescribed and published by the Board of Directors as approved by the Association. At minimum, such plans shall show the proposed grading, location of all structures (including accessory structures and uses), materials to be used, drain field, driveways, docks, swimming pools, piers, seawalls, retaining walls, recreational improvements, property boundaries, limits of driveway paving, storm drainage easements, floor plans of the structure(s), and sketches or drawings of the exterior appearance and color scheme of the structure(s).
7.4. The Board’s approval or disapproval of any project shall be in writing. If the Board fails to give written approval or disapproval within thirty-five (35) days following receipt of a complete written application for such project, then the project shall be deemed to be approved.
7.5. The Board shall have the right to inspect the construction or other improvements periodically, solely to ensure compliance with the approved plans and specifications, and to obtain injunctive or other relief against further construction if actual construction deviates from the approved plans and specifications.
7.6. Any Owner whose application for construction or improvement is denied, in whole or in part, by the Board of Directors shall have the right to appeal such denial to the Board and subsequently, to call a special meeting of the Association to review and reconsider the decision, as specified in the Association Bylaws.
From the HPA Bylaws Article 7.2. Architectural Guidelines
7.2.1. The following guidelines are in addition to the restrictions contained in Articles 6 and 7 of the Association’s Covenants. The Board will follow the Fairfax County Zoning Ordinance wherever applicable. Any of the following guidelines that may be less restrictive than existing statutes or Fairfax County requirements shall be superseded by the County requirement.
7.2.2. No property shall be used for storage of commercial equipment or construction equipment, unless approved by the Board of Directors.
7.2.3. Each house shall be designed and equipped for year-round residency.
7.2.4. No house in any one block (both sides of the street) shall be a duplicate in exterior architectural design. Architectural variety is encouraged, but extreme or garish external treatment will not be approved.
7.2.5. No house shall present an appearance from the street of more than two stories in height above the finished ground level. Attics with dormers are not considered to be third stories.
7.2.6. Design and construction of riverfront houses should anticipate substantial rise in river water level in the event of a hurricane. A rise in river level of 8 feet plus 4 feet for waves, or a total of 12 feet is suggested as a prudent minimum level for living space.
7.2.7. Property owners are encouraged to park vehicles in prolonged storage out of public view.
7.2.8. Driveways shall provide space for off-street parking for at least four cars.
7.2.9. Stockade, solid board fencing, and chain link fencing are not allowed. Existing fences, solid board, chain-link and stockade fences must be maintained or removed. Any board fencing must avoid a stockade appearance.
7.2.10. Fences along the street and between the street and front of the house shall not be more than 4 feet high. Note: Corner lots are deemed to have two fronts. Fences along property lines between the front of the house and the rear property line, and fences along the rear property lines, shall not be over 6 feet high. Fences on waterfront lots shall not block the view of adjacent property owners.
7.2.11. Properties with proposed or existing swimming pools shall conform to both of the above guidelines and appropriate Fairfax County Code requirements for fencing of pools. “7.2.12. New screening plants or new landscaping on waterfront lots shall not substantially or unreasonably block the adjacent property owners’ water view.
7.2.13. Modifications of lot drainage must conform to Fairfax Country Codes and be submitted to the Board for approval. Each lot owner is responsible for maintaining adequate drainage along the street frontage and along the perimeter of their property.
7.2.14. For its review of new house construction, the Board shall be furnished a set of plans and specifications for the house and a plot plan which collectively show, among other things, final grade, the materials to be used, exterior color schemes, garage, driveways, terraces, open porches, accessory structures, walls, fences, and landscaping. This set of plans shall correspond to plans submitted to Fairfax County. Note: The Board will retain submitted plans.
7.2.15. Plans for new docks, or new structures on docks, shall be provided to the Board for review. The proposed dock shall not cross the projected boundary lines of the adjacent properties. Deteriorated or damaged docks shall be repaired or removed within a reasonable time. Docks must conform to all State, local, and/or Federal requirements.
7.2.16. Plans for any major exterior additions or alterations to an existing house, structure, fencing, dock, accessory structures or uses, or major planting or landscaping, including large-scale clearing of trees and vegetation, shall require submission to the Board for review and approval prior to beginning the project. Members seeking approval of such projects shall submit a set of plans and specifications, or a plot plan and sketches, sufficient to give the Board a clear understanding of the nature, scope, and architectural treatment of the proposed work. The Board does not require review of minor exterior alterations or modifications of existing houses, structures, fencing, docks, or landscaping, such as new shutters, replacement garage doors, repainting, and similar minor changes
Additional Information on “Accessory Uses and Structures” from Fairfax County Zoning Ordinance
Accessory Uses and Structures are defined in the Fairfax County Zoning Ordinance as free standing and not connected in any way to the primary residence. The Board will follow the Fairfax County Zoning Ordinance guidelines wherever applicable. Many Accessory Structures require Fairfax County building Permits. Additional information can be found at the Permit Application Center of the Department of Public Works and Environmental Services. The following examples and accompanying setback requirements are applicable excerpts from the Fairfax County Zoning Ordinance updated January 10, 2012.
Front Yard Restrictions: No accessory structure or use, except a statue, basketball standard or flagpole, shall be located in any front yard on any lot containing 36,000 square feet or less. When located in a front yard, basketball standards shall not be located closer than fifteen feet to a front lot line or twelve feet to a side lot line.
Sheds and Other Free-standing Accessory Structures: An accessory structure or use that does not exceed 7 feet in height may be located anywhere in a side or rear yard. Any accessory structure or use that exceeds 7 feet in height shall meet the minimum required side yard setbacks, and shall be located no closer than a distance equal to its height to the rear lot line.
A shed that is 8 ½ feet or less in total height may be located anywhere in a side or rear yard. Any shed that exceeds 8 ½ feet in height shall meet the minimum required side yard setbacks (20 feet), and shall be located no closer than a distance equal to its height to the rear lot line.
The total height of the accessory structure is measured from grade to the highest point of the structure. In instances where there is a slope in grade height is measured from the lowest point of the slope. Building permits are required for sheds that are attached to an existing structure and for detached sheds or other accessory structures which are over 150 square feet in area. (Virginia Construction Code allows up to 200 square feet and supersedes the zoning Ordinance in this case.) For information on whether a building permit is required, please contact the Permit Application Center of the Department of Public Works and Environmental Services (DPWES).
Tree Houses: Under the Zoning Ordinance, a tree house is an accessory structure and subject to the following regulations: A tree house is not permitted in a required front yard, and in general, a tree house may be located in any part of any side or rear yard—if it doesn’t exceed seven feet in height. If the tree house exceeds seven feet in height, it must be setback at a distance equal to its height from the rear lot line and a distance equal to the side yard setback (20 feet) from the side lot line. (As an example, a 15-foot tall tree house that’s located on a property with a 20-foot minimum required side yard must be setback at least 15 feet from the rear lot line and at least 20 feet from the side lot line.) The height of the tree house is measured from the highest point of the house to the lowest point of the finished ground adjacent to the tree house. Building permits are not required for tree houses or other playground equipment, but the Zoning Ordinance limits the size of tree houses and other types of children's playhouses to 100 square feet in area.
Other approved types of Accessory Structure Building Examples:
- Child's playhouse and play equipment, not to exceed 100 square feet in gross floor area.
- Doghouses, runs, pens, rabbit hutches, cages, and other similar structures for the housing of commonly accepted pets, but not including kennels.
- Garages, private. - Gardening sheds and composting equipment.
- Statues, arbors, trellises, clotheslines, barbeque stoves, flagpoles, fences, walls and hedges, gates and gateposts, and basketball standards to include rim, net and backboard.
- Swimming pool and bathhouse, private.