Covenants Guidelines

The Coldspring Covenants Committee published these August 1976 guidelines in an effort to provide the residents of Copenhaver-Coldspring with a useful interpretation of the Declaration of Covenants dated February 16, 1972.

Basic Purpose The basic purpose of the Covenants is to establish and maintain Coldspring as a highly desirable, attractive and pleasant residential community. However, this purpose cannot be achieved without effective and uniform enforcement of the Covenants and without the participation and cooperation of the entire community.

Enforcement The covenants were promulgated as a Declaration and were appropriately recorded in the land records of Montgomery County (Liber 4185 at Folio 744) and, therefore, they have the force and effect of law and can be enforced in the courts.

While it is hoped that any violation of the Covenants can be satisfactorily adjusted within the community, the Committee is empowered under the Maryland law to resolve a question of violation or breach of the Covenants in the courts, and advises all owners and residents in the community that such action, where necessary, will be undertaken.

NOTE: Even if a homeowner or occupant believes, on the basis of the foregoing, that a change in property condition is in conformance with the Covenants, prior approval of the Covenants Committee must be sought.

General Restrictions 1. The Covenants provide that “…no dwelling, building or structure (including but not limited to, accessory building carport, garage, guest house, shed, porch, driveway, swimming pool, tower, fence or walls) shall be erected upon any lot, nor shall any exterior alterations or additions of any character be made upon original dwelling, buildings or structures, as above described, unless and until the cost, type and size thereof, the materials to be used in the construction, the color scheme, the plot plan and grades, specifications and details thereof, shall all have been approved in writing by KETTLER BROTHERS, INC. or its successors or assigns, and copies of the said plans, specifications and details shall have been lodged with said Company.” Pursuant to paragraph 12 of the said Covenants, a Deed of Assignment from KETTLER BROTHERS, INC. to Coldspring Civic Association, Inc., dated July 13, 1976, has been recorded among the Land Records of Montgomery County at Liber 4815, Folio 128, conveying and assigning all of the interest in the Covenants to our Association.

(a) Fences. The Committee’s policy as to fences is as follows:

(1) Chain link or other metal post type fences are prohibited.

(2) Where fencing is desired, residents shall install 3 rail, split rail, natural colored fence, not to exceed four feet in height. In circumstances where there is a need to keep children or pet inside the fence, 2″ x 2 5/8″ welded wire mesh fence can be stapled to inside of rail fence.

(3) Closed fence for screening purposes shall not exceed six (6) feet in height and cannot exceed twenty-five (25) feet in length unless the fence is approved in conjunction with the approval of a swimming pool.

(4) Fencing shall not be approved unless comprehensive landscaping in conjunction with the fence is included with the submitted request.

(5) Fencing supports must be placed on the inside of the fence.

(6) Non-corner lot fencing will be permitted only on rear property lines and side property lines extending to the front comer of the house.

(7) Corner lot fencing will be permitted only on interior side lot line to front comer of the house and along the rear lot line to the side of the house.

(8) Bizarre color schemes and designs on fencing are prohibited.

(b) Additions. Additions to homes must directly relate to the house itself, both in color and style. Such structures must be harmonious with existing architecture and must not be excessive in height. This requirement applies not only to formal additions but also to patio enclosures and the like that may have a roof and open (or screened) sides.

(c) Outbuildings. The Committee’s policies as to outbuildings are as follows:

(1) Custom-built or prefabricated tool sheds of materials and colors blending with surroundings and/or house materials will be permitted when erected at the rear and adjacent to the house or garage. The structure should be screened with shrubs if required to maintain the aesthetics of the community.

(2) Other structures such as gazebos, etc., must conform to the community in architecture and must have suitable foundation plantings.

(d) Swimming pools. Homeowners must insure that external lighting will not unreasonably infringe upon the pleasant enjoyment of the property rights of others. Any fencing and outbuildings installed in connection with a pool must be considered in conjunction with the approval of the pool.

(e) Outside Antennas. No outside radio or television antennas which extend more than six (6) feet above of ridge line of the house nor have a boom length exceeding ten (10) feet shall be permitted or approved. Antennas shall be mounted on the house or chimney and shall be located at the side or rear of the house.

(f) Exterior Painting. No approval need be obtained for exterior painting of the same color as originally provided by the developer. All exterior colors are preplanned to provide community harmony and attractive individual design. No color changes to siding, brick, trim, shutters, doors or roof will be approved unless the new colors are within the harmonious traditional color spectrum to blend with the colonial style of the community and its surroundings.

2. The Covenants provide that “…no noxious or offensive activity shall be conducted on the property nor shall anything be permitted to be done thereon which may be or may become an annoyance or nuisance to the residents thereof.” Some general examples of the physical conditions or activities in tended to be prohibited by the foregoing include, but are not to be construed as being limited to,:

(a) The existence of any dumping ground or any unscreened, unattractively screened, or unsanitary trash or garbage storage area or incinerator;

(b) The existence of any signs, other than in conjunction with a professional office in the home, billboards of like objects, or bizarre exterior color scheme;

(c) Leaving in view any vehicle, equipment, or like object which has the appearance of being unserviceable or in state of disuse or disrepair;

(d) Landscaping materials other that the customary materials.

(e) Lack of normal lawn and property maintenance consistent with community standards.

(f) Noisy and uncontrolled pets.

3. The Covenants provide for the following limitations. violations of which shall be prosecuted by the Covenants Committee:

(a) No building shall be erected or used for manufacturing, mercantile, business or commercial purposes whatever, or an apartment, flat or dwelling for more than one family. Every dwelling shall be completely detached and shall be on a separate lot subdivided by KETTLER BROTHERS, INC., or on a lot established by a resubdivision to which there shall be used exclusively for residential purposes, except that a professional office may be maintained in a home provided that such use is limited to the person actually residing in the dwelling.

(b) No commercial vehicles, private trucks or trailers with overnight accommodations shall be permitted to remain overnight on any of the said property unless garaged, other than as may be used by the Developer in conjunction with building operations.

(c) No animals, livestock or poultry of any kind shall be kept or maintained on the property, except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for a commercial purpose.

(d) No boats of any type shall be permitted on the property for more than fourteen (14) days unless garaged or screened in a manner approved by the Covenants Committee pursuant to application therefore in accordance with paragraph fourth hereof.

(e) No extensive work such as dismantling and repairing of motor vehicles, boats or machinery of any type shall be permitted outdoors within the property.

(f) No drying or airing of any clothing or bedding shall be permitted outdoors and within the property other than during the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday and 8:00 a.m. and 1 :00 p.m. on Saturday (except when any such day shall fall upon a holiday) and clothes hanging devices such as lines, reels, poles, frames, etc., shall be stored out of sight other than during the times afore- mentioned.


The Coldspring Covenants Committee is authorized, by the Declaration of Covenants, to enforce the Covenants and to issue approvals and disapprovals in connection with its administration of the Covenants. In enforcing and administering the Covenants, the Committee is entitled to act solely in accordance with its own honest judgment.

If a resident of the community submits a written request for approval on the Property Improvement Request Form to the Committee and the Committee does not approve or disapprove within 40 days, the request will be deemed to have received Committee approval. If a physical condition or an activity, which has been the subject of a written complaint, has continuously existed with the knowledge of the Committee for a period of 90 days, and the Committee does not indicate its disapproval within that period, the Committee shall be deemed to have given its approval.

The Committee encourages residents of the community to submit any question or request for interpretation of the Covenants to the Committee. Further, all requests, proposals and complaints must be submitted in writing. Requests for approval of changes in property conditions must be submitted to the Chairman of the Committee. Such requests must be submitted on the Property Improvement Request Form, accompanied by a sketch, plan, photograph and/or other documentation to enable the Committee to understand precisely what the request encompasses.

It is suggested that a resident of the community contemplating a change in the property involving the Covenants initially discuss the proposed change with those neighbors who would be directly affected. However, the approval or disapproval of such neighbors does not substitute for the judgment of the Committee.