Covenants & Rules

Background

Where do the Covenants come from?

The Covenants originated in 1959 when the Charltons (the original owners of the land that forms The Hithe) sold the first plot of land. The Covenants formed part of the conveyance entered into by the Charltons with each buyer. The plots were gradually sold off on a phased basis for tax reasons — the last plot being sold in the 1970s.

The committee believes that each property has substantially the same covenants built into its deeds. The Charltons, who continued to live in Hellens, were particularly anxious to preserve the park-like environment of The Hithe — hence the reason for the Covenants and insistence on employing the same architect to develop a consistency of style for the estate as a whole.

The Rules came about as a necessary means of governance and administration. As the years have passed, lifestyles have changed and to some extent elements of the Covenants might, at first glance, appear out of date. However, it is important to note that they remain contractually sound and valid between sellers and buyers of properties on The Hithe, and need to be viewed in a more modern context.

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Practical interpretation

What the Covenants mean in practice

2.1 Home environment

• One dwelling per plot. Extensions are deemed to form part of a dwelling.
• All additional buildings (e.g. garages) of a permanent nature should be constructed using a complimentary facing material to surrounding houses — e.g. tooled Bradstone blocks and/or rendering. They should be sited with due regard to building lines and consideration for neighbouring properties.
• Sheds and greenhouses should be sited to the rear of properties so that they are not visible from the road.
• Boundaries should be delineated by a hedge or Cotswold stone wall.
• No trade or business to be conducted from your property. An exception is made in the case of "home office" enterprises.
• No caravans or commercial vehicles to be kept on site. The covenants also cover "huts on wheels".
• No poultry to be kept at your property.
• Estate agents "for sale" and "sold" boards are discouraged.

2.2 Planning and development

To avoid disappointment and potential conflict, any residents planning to develop their property should follow this simple procedure:

1. Obtain preliminary/rough drawings for the extension, development or change to your property.
2. Consult with all neighbours who overlook your property.
3. Notify the committee of your proposal and provide the plans, together with relevant covenants (if you believe there is a material difference from the model in this document).
4. Speak to any committee member who will ensure that the matter is raised at the next committee meeting.
5. The committee will review the matter as soon as possible and offer a constructive approach to your proposals.
6. Change plans as necessary or proceed with planning application.

2.3 Building work

When work starts on site the following advice will be useful:

• Inform your contractor, tradesmen and builders' merchant that they will be delivering to a private road with limited access and speed restrictions. Smaller vehicles may be more appropriate than, for example, articulated lorries.
• The maximum permissible weight for vehicles entering The Hithe is 10 tons. Vehicles with more than eight wheels are not permitted.
• You or your contractor will be liable for any damage caused to the road surface, verges or underground services.
• Property owners should make provision for the parking of contractors' vehicles; this can often be achieved by a simple request to use a neighbour's driveway.
• If you need to lay service pipes/conduits under The Hithe roads, you must inform the HRA Committee beforehand and ensure that your contractor uses a "mole" to bore hydraulically under the surface. The cost of any damage to the verges or road surfaces will be recovered from the relevant resident or contractor.
• Contractor signage/advertising boards should be taken down as soon as work has been completed.

2.4 Road, verges and entrance

• The road, verges, entrance and cattle grid are privately owned by The Hithe Residents Limited.
• All residents, visitors and tradespeople are requested NOT to park on the verges. Parking on the verges is a potential safety hazard due to the many services buried beneath them.
• The Hithe is a private road — we are responsible for its upkeep via the HRA. Road repairs are expensive.
• Your annual subscription is mainly used as a sinking fund to offset future expenditure on The Hithe roads and verges.
• Each resident is responsible for maintaining the piece of verge outside their property.
• All trees on the verge are the property of the limited company and are maintained by the HRA. They will be regularly inspected as to condition and safety.

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The formal covenants

Covenants entered into by all residents

To the best of the HRA's knowledge, the following covenants are to be found in most conveyance deeds of property owners on The Hithe. The HRA is aware that the specific covenants may vary between properties.

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The Rules

Rules of The Hithe Residents' Association

Incorporating amendments approved by the 21st AGM, 7 June 2000.

Name

Rule 1. The association shall be called The Hithe Residents' Association.

Residents

Rule 2. The word Resident means house/plot owner or leaseholder at The Hithe, Rodborough Common, whether resident in the Estate or not, and excludes the owners of the houses now known as Milestone Cottage and Greenacres.

Objects

Rule 3. The objects of the Association are:

• To preserve the character of the Estate and in particular to ensure compliance with the Covenants by which all Residents are bound.
• To act on behalf of the Residents in such matters as are deemed to be of common interest.

Membership

Rule 4. All Residents for the time being shall become members of the Association.

Rule 5. Administration of the affairs of the Association shall be carried out by a Committee to be elected by a simple majority at a meeting of which not less than 14 days' notice has been given and at which not less than half of those entitled to membership are present.

Rule 6. Any member in default of payment of the annual contribution within four months of the beginning of the fiscal year on 1 April shall automatically be suspended from membership. Such residents are advised to consider making whatever alternative insurance arrangements they may consider necessary. Attendance at General meetings will be permitted, but rights of voting are automatically withdrawn. Reinstatement can be accepted by the Committee providing that full financial restitution of debt is made.

Committee

Rule 7. The Committee shall consist of the Chairman, Honorary Treasurer, Honorary Secretary and, at minimum, three other members. They shall each hold office for two years and be elected at the Annual General Meeting. Retiring members of the Committee shall be eligible for re-election. The Committee shall have the power to fill any vacancy arising.

Rule 8. The Committee shall decide when to meet and shall do so at the request of any two of its members. The quorum of the Committee shall consist of four.

General meetings

Rule 9. An Annual General Meeting shall be held once each calendar year. Other General Meetings shall be held as the Committee shall decide or on the request of no fewer than six members. Fourteen days' notice shall be given of all General Meetings.

Rule 10. Voting by members at General Meetings shall be by a show of hands. Each household is entitled to only one vote.

Contributions

Rule 11. Members shall contribute annually in each year beginning on 1 April to a Fund out of which payments shall be made in furtherance of the Objects of the Association. The primary purpose of the Fund shall be to ensure that money is available for the maintenance of the estate roadways and footpaths, including the replacement of dead trees on the grass verges.

Rule 12. Contributions shall be due and payable on 1 April each year. Contributions shall not be refunded, in whole or in part, on cessation of membership or relocation.

Rule 13. The day-to-day balance of the Fund shall be held in the name of the Association in a bank or other account or invested at the discretion of the Committee.

Accounts

Rule 14. The Honorary Treasurer shall keep records of contributions received and of payments made with the approval of the Committee. He/she shall prepare a Balance Sheet at 31 March in each year and an Income and Expenditure statement for the preceding year for presentation to members before each Annual General Meeting. These Accounts shall be audited by an Honorary Auditor appointed by members in General Meeting.

Amending the Rules

Rule 15. No alteration shall be made to the Rules of the Association except by resolution of three quarters of the members entitled to vote at a General Meeting duly convened for that purpose.