Herring Creek Farm Landowners Association, Inc.
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What Herring Creek Farm Landowners Association, Inc.'s governing documents say
Herring Creek Farm is a conservation-oriented residential landowners association in Edgartown, MA — roughly 215 acres of farmland, fields, and beach subdivided by The Nature Conservancy in 2001 into about a dozen large private lots (Farm Lot, Lots A–I, Central Field, East Field, Blue Heron) sharing private roads, a beach, and open land. This Amended and Restated Declaration of Covenants, Restrictions and Easements is the community's full rulebook: it binds every lot owner, is paired with a separate Conservation Restriction that controls if the two conflict, and is enforced by the Herring Creek Farm Landowners Association, whose 12 members vote on a weighted, per-lot basis. Life here means a single-family home on a large lot within a designated buildable envelope, surrounded by working farm and conservation land.
- What kind of community this is: A conservation subdivision, not a typical neighborhood: most of the 215 acres stay in farming, open space, or natural condition, and a companion Conservation Restriction (held by the Edgartown Conservation Commission) outranks this Declaration wherever they conflict. Owners of the Farm Lot, Central Field, and East Field have no right to use the shared Beach.
- Building & expanding your home: Each residential lot gets one detached single-family house within a fixed Development Envelope, and nearly everything — new construction, additions, tree cutting over 4 inches diameter, driveways, even barns and sheds — needs written approval from the Architectural Review Committee. New homes on the developable lots are capped at 6 bedrooms and 7,500 square feet of living space (garage and enclosed porches excluded); houses on the developed lots can grow by no more than 20% or 2,500 square feet, with a 3,500-square-foot cap on Lot E-1, and every extra square foot there shrinks the 7,500-square-foot allowance for Lot D. Exterior construction must be finished within 24 months of starting, and new roads and driveways must be unpaved 10-foot crowned lanes — no asphalt or concrete.
- Assessments & money: The Association funds road, beach, barn, and sluiceway upkeep through assessments: the general assessment covers Association property and road maintenance, the Sluiceway Assessment is split 1/11 among the ten residential lots plus the Central/East Field owner, and the horse barn assessment is split 1/10 among the ten residential lots (though the Association intends to lease the barn to groups of owners, shifting those costs to the lessees). Unpaid assessments become a lien on the lot and a personal debt of the owner, and the Association can suspend a delinquent owner's right to use common property.
- Land use — what you can't do: No further subdivision creating new buildable lots, no commercial or industrial use (no farm stands or anything open to the public), no hunting, no pools, tennis courts, guest houses, mobile homes, or visible fuel tanks, no synthetic fertilizers or herbicides (limited exceptions for invasive-species control with Nature Conservancy and Conservation Commission permission), and no large public events like weddings or festivals. Trash and junk can't sit out more than 30 days, garbage must be in covered, animal-proof, screened containers, and signs are essentially limited to small name/address signs.
- Pets, animals & farming: Only ordinary indoor household pets (like cats and dogs) are allowed on residential lots, with owners expected to keep them from disturbing nesting birds and wildlife. Horses may be grazed on the Central Field and livestock is kept on the Farm Lot and Central Field — this is working farm country, so customary farm noise and smells are explicitly not a nuisance, and the fields may be managed with prescribed burns (at most once every 3 years between June 15 and September 15, with 60 days' written notice to owners).
- The shared land & beach: Owners get easement rights over the private roads and rights-of-way (Herring Creek Farm Lane, Butler's Neck Road, and various paths) and shared use of the Central Field (except areas in active agricultural use), a perimeter trail around the East Field (which may close at times for prescribed burning), and the Beach managed by the Association jointly with The Nature Conservancy under a separate Beach Management Plan. Beach parking is for golf carts and similar quiet vehicles; cars may only stop briefly to drop people and gear off unless age or infirmity requires driving, and no motorized vehicles are allowed on the beach south of the sluiceway except for emergencies and management work.
- Renting & occupancy: Lots are for single-family residential use only (other uses need the Association's written consent), and no owner may lease to more than two people who aren't related by blood, marriage, or adoption. The Declaration sets no minimum lease term and doesn't address short-term rentals beyond the occupancy limit.
- Day-to-day rules: Every lot must provide parking for at least three cars; the attached garage can hold up to three; unregistered vehicles and vehicle parts can't be stored outdoors, and commercial vehicles over 3/4 ton can't stay more than 96 consecutive hours unless garaged. Exterior lighting is tightly limited to shielded, wildlife-friendly fixtures — code-required entrance lights capped at 60-watt-equivalent, walkway lights no higher than 8 inches, and motion-sensor or timer controls — and clotheslines, clothes-drying racks, and satellite dishes over 24 inches all face restrictions.
Key facts from Herring Creek Farm Landowners Association, Inc.'s documents
- Community type
- Association of owners of real property within Herring Creek Farm, a planned residential community in Edgartown, Dukes County, Massachusetts as of 2001 (Article II: 'To be the association of th)
- Units / lots
- The instrument references 8 ownership parcels: Farm Lot, Lot A, Lot B, Lot C, Lot D, Lot E-1, Lot E-2, and Lot F as of 2005 (Signature blocks referencing "the Farm L)
- Governing law
- Instrument governed by Massachusetts registered-land law (Land Court registration; noted on Certificate, registered at Dukes County Registry District Office of the Land Court); both parties are non-profit corporations under applicable corpo as of 2001 ("REGISTERED LAND"; "NOTED ON CERTIFICATE)
- Assessments & dues
- Endowment investment income defrays Association costs that would otherwise be paid out of Assessments under Section 7.3 of the Declaration (i.e., Endowment income supplements/reduces member Assessments; the underlying assessment mechanism r as of 2005 (§9.2: "used solely to defray the costs a)
- Special assessments
- Special Assessments may be made under Section 7.3.b., referenced for horse barn-related land and Improvements as of 2001 (p. 25 Barn Assessment definition)
- Collections & liens
- Assessments (including exterior-maintenance costs and enforcement costs) constitute both a lien upon the Lot and a personal claim against the Owner, of the same nature as the lien and claim described in Section 7.7 as of 2001 (§4.3.a.v.B; §4.5.a.ii.E; §4.5.a.ii.F)
- Reserves & fees
- Endowment: all fees collected by the Association under Section 9.1 are to be held, invested and used per Section 9.2 — held in one or more separate accounts in the name of the Association; investment income used solely to defray costs and e as of 2005 (§9.2: "All fees collected by the Associa)
- Pets
- Only ordinary household pets normally kept inside a house (e.g., domestic cats and dogs); Owners must take reasonable measures to prevent pets from disturbing beach, wetland or ground-nesting birds and wildlife as of 2001 (§4.2.b.ii.H)
- Leasing & rentals
- Leasing permitted subject to the two-unrelated-person limit; Owners may extend easement of enjoyment to family, guests and tenants subject to the Declaration, By-laws and Association rules as of 2001 (§4.3.a.iv; §6.1)
- Parking & vehicles
- Beach parking areas (designated by Association): golf carts, similar quiet motorized vehicles, or cars only temporarily for drop-off of individuals and beach gear, unless car required due to age or physical infirmity; TNC and/or Association as of 2001 (§4.2.b.i.F)
- Fences
- Agricultural split-rail or neutral post-and-wire fences and gates on the Farm Lot, Central Field and East Field may be erected, maintained and relocated without Committee approval as of 2001 (§4.5.a.i.A)
- Architectural approval
- Committee review covers nature, kind, shape, height, materials, color, location, landscaping, cutting of trees larger than 4 inches diameter at 4 feet above ground, driveway location, antenna height/location, and water/sewerage facility loc as of 2001 (§4.5.a.i.A)
- Solar & roof
- No specific palette stated; design must be in the tradition of rural Island vernacular architecture (including Gambrel-style residences) per Exhibit 'C' and the general architectural policy of §4.5.a.i as of 2001 (§4.5.a.i; p. 16)
- Home business
- Farm limited to agricultural/farming structures accessory to natural community management, agricultural, horticultural or silvicultural uses and conservation education; public-facing uses prohibited (Art. VI.B.5)
- Signs & flags
- Only signs allowed: (i) one permanent name/address sign per Lot not exceeding 1.5 sq ft; (ii) one 6 sq ft sign for Farm Lot Owner near Blue Heron driveway or Association-approved location; (iii) one 6 sq ft sign for Central Field/East Field as of 2001 (§4.6.c; §4.2.b.ii.A)
- Setbacks / home size
- All Improvements must be located within the applicable Development Envelope on the Development Envelope Plan, except wells, septic systems, driveways, fences, gateways and similar improvements; minimal envelope reconfigurations allowed only as of 2001 (§4.5.a.ii.B.(1))
- Maintenance
- By accepting and recording the Deed, the Grantee (Association), for itself and its successors and assigns, covenants to maintain all Common Rights-of-Way as defined in the Declaration, including but not limited to the roadways conveyed by t as of 2001 ("the Grantee agrees for itself and its s)
- Insurance
- Town shall obtain and maintain insurance covering any occurrence resulting in bodily injury or property damage arising in connection with the Town's presence on Herring Creek Farm or exercise of its rights as of 2001 (§4(f), p.6)
- Use restrictions
- No Residential Lot shall be used for other than single-family residential purposes without the written consent of the Association as of 2001 (§4.3.a.i)
- Voting & meetings
- Weighted vote basis applies: (a) to membership amendments, weighted vote described in Section 5.3 of the Declaration; (b) to Board votes on the Endowment, weighted vote described in Article VI, Section 7 of the By-laws as of 2005 ("calculated on the weighted vote basis d)
- Amendments
- This Amendment was adopted pursuant to Section 8.4 of the Declaration by two-thirds or more of the Members, calculated on the weighted vote basis described in Section 5.3 of the Declaration. Future admissions of new full Members or Special as of 2005 ("in accordance with Section 8.4 of the D)
- Amenities
- Beach (~20 acres oceanfront with dune system), Edgartown Great Pond and Crackatuxet Cove access, salt marsh, oak woodland, grassland fields, perimeter trail and trail network, wildlife tunnels; no pool, clubhouse or gym provided for in this (Art. II.C; Background Facts; Exhibit C)
Community details for Herring Creek Farm Landowners Association, Inc.
- Units / lots
- About a dozen homes on roughly 200 acres; the 2001 plan allowed 6 new houses alongside the existing ones (source)
- Developer / builder
- Herring Creek Farm Trust (1969–2001). The 215-acre farm sold in July 2001 for a record $64 million; The Nature Conservancy retained about 102 acres under conservation restrictions (source)
- Year established
- 2001 — Herring Creek Farm Landowners Association, Inc. organized as a Massachusetts nonprofit corporation on July 20, 2001 (source)
- Amenities
- Farm fields, frontage on Edgartown Great Pond and South Beach, private roads maintained by the association, conservation land (source)
Collections & enforcement records
Public records show no collection filings by this association.
Public records also show 1 lawsuit in which the association was named as a defendant (2019). That is litigation against the association, not collections activity by it.
Source: public county recorder and court indexes.
About this HOA
Herring Creek Farm Landowners Association, Inc. is a homeowners association in Edgartown, MA.
HOAproxy has 10 documents on file for Herring Creek Farm Landowners Association, Inc.: 3 recorded plats, 3 recorded documents, 2 uncategorized documents, 1 amendment, and 1 articles of incorporation. Last updated 2026-09-04.
Governing documents
- Amended And Restated Declaration Of Covenants Restrictions And Easements Herring Creek Farm 2001 Book 843 Page 316 (39 pages) — PDF
- Amendment Of Restrictions And Easements Herring Creek Farm 2005 Land Court Document 63247 (8 pages) — PDF
- Articles Of Organization July 2001 Massachusetts Secretary Of The Commonwealth ID (6 pages) — PDF
- Conservation Restriction Herring Creek Farm 2001 Book 843 Page 272 (32 pages) — PDF
- Deed Of Common Lots And Roads To The Association 2001 Book 843 Page 423 (4 pages) — PDF
- Perpetual Covenant And Perpetual Easement Re Sluiceway Herring Creek Farm 2001 Book 843 Page 202 (18 pages) — PDF
- Plan Of Land In Edgartown Herring Creek Farm 2001 Edgartown Case File 748 (5 pages) — PDF
- Plan Of Land In Edgartown Herring Creek Farm 2001 Edgartown Case File 750 (4 pages) — PDF
- Plan Of Land In Edgartown Herring Creek Farm Subdivision 2001 Edgartown Case File 749 (6 pages) — PDF
- Subdivision Form F Covenant Herring Creek Farm Trust 2001 Book 843 Page 126 (4 pages) — PDF