Malvern of Madison

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The Malvern Club FAQ

Malvern Club, Inc. is a non-profit organization consisting of volunteers who organize and oversee all maintenance and improvement efforts within the Malvern Community. All lot owners in the Malvern subdivision are members of the Club and are an important part of the community. Additionally, members have a responsibility to follow all easements, reservations and protective covenants of Malvern of Madison. New lot/home owners should have received a "Disclosure Packet" that provides copies of the rules and procedures that govern Malvern of Madison. If not, please contact your realtor or sales source. Many of the documents are available online in the

Documents and Forms page.

The purpose of this page is to provide some guidance to frequently asked questions about living in the Malvern Community. The answers come directly from the above mentioned "Disclosure Packet." Remember, this page does not replace the required written requests for Board actions or approvals. If you still have questions and can't find the answers on this page or in your "Disclosure Packet" please do not hesitate to contact one of the

Board Members.

Malvern Club Frequently Asked Questions (FAQ)

Just click the question of interest:
Line

» Architectural:
  • Do I need approval from the Board to place a storage shed on my property?
  • What happens if I add a structure without prior approval?
  • Can I clear trees from my property?

» Clubhouse:
  • How do I rent the Clubhouse?
  • How much cleaning do I have to do after using the Clubhouse?

» Covenants/Deed of Dedication:
  • What are the Covenants/Deed of Dedication?
  • Where are the Covenants/Deed of Dedication?

» Lake Madison:

» Pool:

» Roads:

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Q: Do I need approval from the Board to place a storage shed on my property?

A: YES. According to Article 5 of the Deed of Dedication, it clearly states that you must have "submitted to and written approval obtained from the Properties Owner Association" prior to adding a structure such as a shed to your property. You can obtain the appropriate forms from the web, from your Malvern packet, or call a board member directly.

Q: What happens if I add a structure without prior approval?

A: The Board will consider you in violation of the Deed of Dedication and will work with you directly in order to bring your property into compliance.

Q: Can I clear trees from my property?

A: Live evergreens under 6 inches in diameter and live hardwoods under 4 inches can be cleared. Larger trees require permission of the Architectural Committee. Dead and severely damaged trees may be removed for safety.

Q: How do I rent the Clubhouse?

Click here for Rental Contact and Form.

Q: How much cleaning do I have to do after using the Clubhouse?

A: You are responsible to leave the Clubhouse in as good or better condition than it was when your use began.

Q: What are the Covenants/Deed of Dedication?

A covenant is a legal obligation built into the deeds of all the homes in a common interest development such as one governed by a homeowner association (HOA). Examples might be to maintain a property in a reasonable state of repair, to preserve a sight-line for a neighboring property, not to run a business from a residence, or not to build on certain parts of the property.

The Malvern Club Inc. By-Laws state: "Covenants" shall mean and refer to the Covenants, Conditions and Restrictions applicable to the Subdivision and contained in the Deeds of Dedication of Subdivision recorded in the office of the Clerk of the Circuit Court of Madison County, Virginia.

The lots in Malvern were created in the early 1970s by a series of recorded deeds. A deed that creates lots is commonly known as a Deed of Dedication. The deed will contain Virginia statutory phraseology, will contain or refer to a plat of the lots being created and may contain or will refer to covenants of record. Ownership of lots is conditioned upon adherence to the covenants.

As time progresses certain covenants may need clarification or updating, or it may be necessary to add to the existing covenants. The Malvern By-Laws allow these periodic amendments to occur by vote of the membership. The approved amendment or resolution will then be recorded in the office of the Clerk of the Circuit Court of Madison County, Virginia.

Q: Where are the Covenants/Deed of Dedication?

The various recorded Deeds of Dedication along with recorded amendments and resolutions may be viewed in the office of the Clerk of the Circuit Court of Madison County, Virginia. Copies may also be obtained in this office for a fee. Your settlement papers should include a “Disclosure Packet” which will contain copies of pertinent deeds containing covenants of record at the time of your settlement. A current Disclosure Packet may be obtained by following this link:

Documents & Forms

The following link:

MalvernCCRs.pdf contains a partial listing of recording references you would find helpful if you were to visit the office of the Clerk of the Circuit Court of Madison County, Virginia. The link also contains an abbreviated version of those deeds contained in the list on page 1. The abbreviated version is meant to be convenient and informational but does not replace the wording contained in the recorded deed. Only a title search by those qualified to perform them will insure an all-inclusive list of pertinent deeds.

[Last Updated: 11/16/2007]

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