Covenants

Most properties in Rock Creek Hills are subject to covenants intended to maintain the character and appearance of the neighborhood, for the benefit of all property owners and residents. Current owners of these properties are bound by these covenants, as are any persons who purchase properties covered by covenants, including real estate developers.

The principal provisions of these covenants are:

• Each lot shall be limited to a detached, single family residence with single family dwelling use;
• The property shall not be used for trade or business use;
• No line fences or walls of any kind shall be erected without prior approval, except growing hedges;
• No building or structure of any kind shall be erected, or any alteration to an existing building or structure shall be made, without prior approval;
• There shall be no nuisances or anything noxious, dangerous or offensive, with specific reference to keeping cattle, livestock or fowls.

Covenants have been in place in Rock Creek Hills since 1938, when Continental Life Insurance Company started the development of Rock Creek Hills and recorded various sets of covenants in the land records of the county. Continental Life Insurance Company and other developers continued the practice as they began new developments that eventually became part of Rock Creek Hills.  

Rock Creek Hills Covenants, Inc. (RCHCI) was organized by Rock Creek Hills Citizens Association in 1958 to take over the responsibilities and power over covenants in Rock Creek Hills. Continental Life Insurance Company’s successor, Southland Life Insurance Company, and other developers assigned responsibilities and powers over covenants in Rock Creek Hills to RCHCI. The officers of RCHCI are elected by the membership of the Rock Creek Hills Citizens Association.

COVERAGE OF ROCK CREEK HILLS COVENANTS

Approximately 75% of the homes in Rock Creek Hills have covenants governed by RCHCI. In general, there are four distinct areas of the Rock Creek Hills subdivision with regard to covenants.

• Most, but not all, of the homes in Rock Creek Hills west of the Mormon Church property have covenants which are governed by RCHCI.
• The homes on Hill Street, LaDuke Drive, Stoneybrook Drive, and the Mormon Church property (including on Kent Street) do not have covenants.
• Any covenants for homes in Larchmont Knolls are not governed by RCHCI.  These homes are within the area covered by Rock Creek Hills Citizens’ Association.
• Most, but not all, of the homes on Campbell Court, Campbell Drive, and Campbell Place have covenants which are governed by Rock Creek Hills Homeowners Association, an organization that is distinct from the Rock Creek Hills Citizens Association. As a homeowners association, Rock Creek Hills Homeowners Association collects mandatory fees from the owners of homes that it covers.

FINDING THE COVENANT THAT APPLIES TO YOUR PROPERTY

Step 1

Find your home in the map below. The map specifies the block number (circled) and lot number of each property in Rock Creek Hills. (Block and lot numbers also appear on the property tax bill for the property.) Color codes in the map display the type of covenant, if any, that applies to properties in various parts of Rock Creek Hills.

Click here to view the full sized map

The remaining instructions apply only to properties covered by covenants governed by RCHCI.

Step 2

Go to this Table and use your block number and lot number to find the corresponding covenant number in the rightmost column.

Step 3

Find the covenant applicable to your property in this list of covenants or in the links below.

Nine covenants were amended in May 2021 to strike out and officially eliminate racial exclusionary clauses that had been in place since the original recording of the covenants in 1938-1946. The 1948 U.S. Supreme Court decision in Shelley v. Kraemer declared these racial exclusionary clauses to be unlawful and unenforceable. These nine amended covenants are:

• Covenant 691-201
• Covenant 703-118
• Covenant 716-449
• Covenant 720-166
• Covenant 731-429
• Covenant 818-390
• Covenant 868-46
• Covenant 1009-170
• Covenant 1012-79

Five covenants recorded in the 1950s did not have such exclusionary clauses. These covenants are:  

• Covenant 1663-321
• Covenant 1806-253
• Covenant 1906-322
• Covenant 2174-58
• Covenant 2229-534

A copy of the covenants affecting your property can be obtained by visiting the County’s Land Records Office. The Land Records Office of the Circuit Court is on the second floor in Room 218 of the Judicial Center, 50 Courthouse Square, Rockville, MD.

HOME IMPROVEMENTS – PRIOR APPROVAL

Prior to undertaking exterior home improvements such as new or replacement fences, new or replacement sheds, or expansion of existing structures, property owners in Rock Creek Hills should determine whether covenants apply to the property, consult with neighbors who may be affected by the improvements, and submit plans and evidence of neighbor notification to the Board for approval.

For this process, property owners can use the following home improvement approval checklist and sample Neighbor Notification Form:

• RCHCA Home Improvement Approval Checklist

NEW CONSTRUCTION – PRIOR APPROVAL

Prior to constructing a new or replacement building on a property in Rock Creek Hills, the property owner should determine whether any covenants apply to the property. If the property is subject to a covenant requiring prior approval of the construction, the property owner will submit detailed plans to the Board and notify the Board of any applications for permits from Montgomery County for activities related to the construction. Prior approval by the Board of the plans will be required before demolition of the existing building or construction of the new or replacement building can commence.

RENTAL APARTMENTS

In July 2014, the Board approved a policy that rental accessory apartments will be deemed to violate the various Rock Creek Hills covenants. Additional information on this policy and the Rock Creek Hills Citizens Association’s intent to enforce it can be seen in the July 18, 2014 statement on Covenants & Apartments.

QUESTIONS

If you have any questions about the nature and terms of these covenants, which covenants are applicable to your property, or what to do prior to undertaking any construction or alterations on your property, please contact the Board ([email protected]) or any officer of the Rock Creek Hills Citizens Association (link to Officers & Committee page).