- Why
do we have to comply with Community Covenants & Rules?
- What
is the Purpose for Covenants?
- What
If I don't like the Covenants?
- If
I see other violations, do I have a right to ignore notices
issued to me for a violation?
- What is
the Role of the Board of Directors of the Association and what
are the Responsibilities that it Bears?
a. Primary Oversight
Roles
b. Historical
Development Role
c. Specific
Ongoing Responsibility Roles
- What
are Deed Restrictions?
- What
would it take to install Sidewalks and/or concrete curbs in
our development?
- Who
are the Board of Directors of the Association?
- Why
isn’t the grass cut more frequently or more according
to the schedule that I would prefer?
- What
is the Covenant Compliance Assurance Process for Kensington
Courts?
- What
Is An Architectural Request Form and Why Is it Needed?
- Why
can’t residents ride off road vehicles, including ATVs
within our Community?
Why
Do We Have To Comply With Community Covenants & Rules?:
Legal Background:
Our Community Association was formed in 1993 (before the first
house in our development was ever built) through the simultaneous
legal filing of our Articles of Incorporation, Bylaws, and Declaration
of Covenants, which were at that point legally attached to the
entire parcel of land that makes up our development. Those governing
documents (including the covenants) were attached to the land
of our development within the State Land Records in the same way
that mortgages and liens are attached to land, and in such a way
that they remained in force as “deed restrictions”
upon each individual lot as it was subdivided off and conveyed
to each new owner.
It's important to understand that under Maryland State Law it
is the legal responsibility of every prospective homeowner to
read & make sure they understand these governing documents,
including our covenants before going to settlement on their property
purchase. State Law also provides that purchasers into our development
actually have a right to cancel their purchase contract for a
period of time after their settlement date if they decide that
they cannot live with the community covenants as they are written.
However, because of this responsibility and right, once a person
has moved into a home within this development, Maryland State
Law Deems that this new owner has (for all legal intents and purposes)
read & understood the applicable covenants, and has agreed
to be bound by them.
Our covenants clearly state that it is the legal duty of every
member to comply with the covenants of the community and with
the rules issued by the Association in support of its administration
of those covenants and in support of its efforts to perform the
duties assigned to it.
Our covenants also provide that the Association may impose consequences
for member failures to comply with those covenants & rules,
including imposing fines and/or the requirement to correct any
non-compliant conditions that exist, and may obtain court orders
to accomplish compliance if necessary.
Additionally, our covenants expressly provide that, in the event
that it becomes necessary to resort to legal action to achieve
compliance, the non-compliant homeowner-member causing that legal
action to be necessary is obligated to reimburse the Association
for any and all legal & court costs incurred in that action.
Furthermore, our covenants & state law provide that the association
may pursue a wide spectrum of options in collecting any monies
owed as a result of such actions, including the placing of liens,
the same collections actions available in any other debt collection
scenario, and even foreclosure on a member’s property.
Finally, a failure on the part of a member to exercise due diligence
in reading and following our rules and procedures does not constitute
a legitimate defense for not obeying them.
Purpose
for Covenants:
The reason that deed restricted communities exist is because there
are some neighborhoods that steadily deteriorate into what some
people consider to be cluttered (sometimes filthy) eyesores, which
leads to declining property values (as the community becomes less
desirable to live in), where people who do maintain nice homes
move out, and more people move in who do not care if their homes
deteriorate, and the downward spiral continues.
The purpose for deed restrictions is to help ‘set a bar’,
which requires that all homes are maintained at a certain minimum
standard level of maintenance and architectural decency. This
serves to help prevent neighborhoods from deteriorating in their
appearance, to preserve a certain “niceness” &
“attractiveness” in a community, helping it to remain
a pleasant place to live, and to preserve property values.
It is true that some people are not well suited to living in deed
restricted communities in that they do not like living under any
rules at all, which pertain to how they may maintain their properties,
but since everyone who does move into a deed restricted community
is legally obligated to respect those rules, it is everyone’s
responsibility to consider, whether or not they can live within
a deed restricted community before they actually decide to move
it. It is not reasonable for a person to complain about the existence
of those rules, after they have already accepted them by moving
in, and it is even less reasonable for a person to think that
they can move into a deed restricted community and simply disregard
those rules.
Deed restricted communities are designed to serve those who do
want the protections and benefits that a deed restricted community
offers, and are willing to respect the rules. They are not designed
to serve the wishes of those who do not want to live with any
community rules whatsoever.
Frankly, if a person does not wish to live within the limits imposed
by deed restrictions, they should be living somewhere else.
People who are well suited to living in deed restricted communities
are happy to follow the rules, because they recognize that those
rules are not that difficult to live with, and they respect and
appreciate the value they get in return, which is the assurance
that an effort is actively underway to preserve the quality of
their home neighborhood, which they consider to be something genuinely
worth supporting and appreciating.
This is not to say that every rule within a deed restricted community
is perfect, but they are what they are, and for the most part,
residents simply have to take them as a package and accept the
minor imperfections along with the rest of the bundle. It is possible
to change rules over time, but they are intentionally designed
to be very difficult to change, so that they may not be changed
at a whim, and investing residents may take some assurance in
the knowledge that the ‘protections’ they bought into
a neighborhood for, will not disappear over night, due to the
whims of a few.
Burden of the
Association Administration:
It is important for all residents to be aware that it can be a
very difficult job to serve as a conscientious volunteer on the
Board (or a committee) of the Association. There is no pay. It
consumes (in some cases) significant amounts of personal time,
with very little reward in terms of public appreciation. The work
is often difficult & stressful, and requires ordinary individuals
(no different from any other resident) to live up to difficult
legal responsibilities, including enforcing the rules, even though
that can be a more unpleasant responsibility than most might imagine,
especially when people argue back against those who are simply
trying to serve the community by administering the rules that
we are (as a community) obligated to enforce.
That association volunteers
should be subject to complaints or abusive reactions for making
good faith efforts to perform a difficult but necessary duty is
the thing that is most unfair about enforcement activities.
Members are morally & ethically obligated to be mindful of
this before reacting inappropriately to properly served non-compliance
notifications.
Timeliness
of Enforcement Actions as an Objection to Enforcement:
When the Association transferred from Developer Control to Membership
Control, there were essentially zero systems or processes in place
to facilitate the job of managing a 290 home development, and
so, the majority of the “priority effort” of the administration,
has had to be focused on developing the processes and systems
necessary for the very survival of the association itself. Given
the small amount of volunteer support offered, it has been extremely
difficult to get around to policing the numerous non-compliant
conditions that have developed over the several years’ of
developer control, given that Association Management is not the
business that the developers were really in, and that consistent
administration was not high on their priority list.
As a consequence, it is necessary for the membership to recognize,
understand and appreciate that there will be an extended period
of time where the administration must work to incrementally address
all compliance issues within the development.
The fact that a covenant violation may not have been addressed
before, even though the non-compliant condition may have existed
for an extended period of time, is simply and legally irrelevant
to the question of enforcement, and is not a legitimate basis
for arguing that covenant compliance is not required. The fact
that a violation may not have been previously addressed is purely
the result of there being too much work for too few volunteers
to be able to get to it sooner… nothing more, and this reality
does not have any effect on the fact that a violation exists,
upon the propriety of corrective action at any given point in
time, or of the legal obligations of both the member and the Association
to ensure that compliance is achieved.
Summary:
In short, the limitations and obligations conferred by our covenants
are not legal ‘suggestions’ and they are not ‘optional’.
They are firm and legally enforceable ‘requirements’.
In addition to the legal obligation that all members have to comply
with our covenants & community rules, there is also a moral
obligation to demonstrate courtesy and appreciation for the self-sacrificing
effort that community volunteers are contributing to each of us
as residents as they take time out of their personal lives to
conscientiously perform duties in preserving, protecting, and
promoting the common good of our neighborhood.
Understanding, courtesy, and appreciation, including the avoidance
of creating any unnecessary difficulties or conflicts, and the
avoidance of adding any unnecessary burdens upon our volunteers
is the public duty of every member.

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What
Is the Purpose for Covenants?:
The reason that deed restricted communities exist is because there
are some neighborhoods that steadily deteriorate into what some
people consider to be cluttered (sometimes filthy) eyesores, which
leads to declining property values (as the community becomes less
desirable to live in), where people who do maintain nice homes
move out, and more people move in who do not care if their homes
deteriorate, and the downward spiral continues.
The purpose for deed restrictions is to help ‘set a bar’,
which requires that all homes are maintained at a certain minimum
standard level of maintenance and architectural decency. This
serves to help prevent neighborhoods from deteriorating in their
appearance, to preserve a certain “niceness” &
“attractiveness” in a community, helping it to remain
a pleasant place to live, and to preserve property values.
It is true that some people are not well suited to living in deed
restricted communities in that they do not like living under any
rules at all, which pertain to how they may maintain their properties,
but since everyone who does move into a deed restricted community
is legally obligated to respect those rules, it is everyone’s
responsibility to consider, whether or not they can live within
a deed restricted community before they actually decide to move
it. It is not reasonable for a person to complain about the existence
of those rules, after they have already accepted them by moving
in, and it is even less reasonable for a person to think that
they can move into a deed restricted community and simply disregard
those rules.
Deed restricted communities are designed to serve those who do
want the protections and benefits that a deed restricted community
offers, and are willing to respect the rules. They are not designed
to serve the wishes of those who do not want to live with any
community rules whatsoever.
Frankly, if a person does not wish to live within the limits imposed
by deed restrictions, they should be living somewhere else.
People who are well suited to living in deed restricted communities
are happy to follow the rules, because they recognize that those
rules are not that difficult to live with, and they respect and
appreciate the value they get in return, which is the assurance
that an effort is actively underway to preserve the quality of
their home neighborhood, which they consider to be something genuinely
worth supporting and appreciating.
This is not to say that every rule within a deed restricted community
is perfect, but they are what they are, and for the most part,
residents simply have to take them as a package and accept the
minor imperfections along with the rest of the bundle. It is possible
to change rules over time, but they are intentionally designed
to be very difficult to change, so that they may not be changed
at a whim, and investing residents may take some assurance in
the knowledge that the ‘protections’ they bought into
a neighborhood for, will not disappear over night, due to the
whims of a few.

(back to top)
What
is the Role of the Board of Directors of the Association
and what are the Responsibilities that it Bears? :
Primary
Oversight Roles:
Corporate/Executive Management Role- Our Association
is a legal corporation, just like any other “business corporation”,
and as with all other types of corporations it is the legal responsibility
of the Board of Directors of the Association to ensure that the
“business” of the Association is executed in accordance
with all of the legal obligations imposed upon all corporate entities,
and to do so in accordance with our governing documents, which
includes our Articles of Incorporation, Bylaws, and Covenants.
Membership Advocate Role- The Board of Directors of the Association
is the legal representative of the Association, itself, which
consists of the entire body of members. Individual Homeowner Members
are, in essence, like “stockholders” in a business
corporation, and it is the business of the Board to represent,
protect, & preserve the interests (as defined within our governing
documents) of these “stockholder members”. Of course,
in our case, Directors are also “stockholder members”,
which is good because everyone’s interests are therefore
in common.
Regulatory Role- Our covenants are in some cases worded
in such a way as to leave some areas “gray” or open
to interpretation. In order to make it possible for the Association
to fulfill its missions in a way that also meets its obligation
to meet the “due process” requirements of fairness
and consistency of enforcement, the Board of Directors (consistent
with the provisions of our covenants) must Draft Policies, which
document (a) the interpretation officially adopted by the Association
for all covenants subject to uncertainty & (b) any additional
considerations or provisions which the Board deems necessary to
fulfilling the intent of those covenants.
Also pursuant to our covenants, the Board of Directors must pass
specific “Rules” in order to make it possible to fulfill
its obligations under our governing documents to effectively administer
its duties. This includes defining the specific penalties and/or
consequences for violations of each covenant provision.
These Policies, Rules, and Penalties are provided elsewhere on
this website.
Judicial /Administrative Arbiter Role- The Board
of Directors is granted by our covenants, certain rights &
responsibilities, including the right to make certain administrative
determinations as to the facts in cases of questions regarding
compliance to community covenants. This includes a responsibility
to adhere to certain standards of reasonable process, due notice,
& reasonable administration, but also grants it a quasi-judicial
authority to make certain determinations of fact regarding subjects
within its purview.
So long as the Board is able to document a reasonable basis for
its conclusions, and absent an abuse of discretionary authority,
(in theory) courts would not normally be any more likely to reverse
a judicial finding of the Board than it would be for an appeals
court to overrule a lower court on appeal. Reasonable findings
of fact are not ordinarily subject to review on appeal.
This emphasizes the points that (a) courts will tend to support
the Association in its enforcement of its own covenants, (b) the
Association generally has more enforcement authority that most
members assume, and (c) willful violation of covenants by members
(out of simple disrespect for the enforceability of those covenants)
will not tend to end well for those members.
Historical
Development Role:
Initial Phase- When the members who became the
first “resident” Board of Directors, first assembled,
the first challenge they took on was to facilitate the transfer
of administrative responsibility for our Association from the
developers of our community to our resident members.
Next, they worked to facilitate the transfer the legal “ownership”
of our Common Lands from the developers to the Association, itself.
Finally, they worked to press for completion of the Public Works
Agreements, connected to our development, which was completed
with the final blacktop grading of Ratcliffe Court.
Critical Processes Phase (which overlapped the
Initial Phase)- This phase involved establishing a preliminary
budget, securing lawn mowing services, so that we could ensure
that our common areas were consistently maintained at a reasonable
level (that had not genuinely been the case before), developing
community communication methods (including the setup of our website),
developing preliminary dues billing and collections processes,
and developing our first rudimentary accounting system so that
we would be able to meet our legal requirement to file tax returns
and produce financial statements.
Core Process Definitions Phase- Once the Critical
Processes were functioning (at least at a ‘survival level’),
then the attention of the Board was turned towards a more meaningful
development of all of the processes that would be required if
the Association was to be able to function as a legitimate business
entity. (None of those processes had been previously defined).
Development of those systems and processes is not easy, and involved
a considerable amount of education, research, trial, & error,
but it finally appears that (at least) we are well on our way
to getting there. The deployment of these FAQs illustrates this
continuing process development that is still under way.
Emerging Operational Phase- Simply put, none
of our processes are developed to the point that we could call
them “fully developed” or “mature”. However,
they are ‘largely’ developed so that their functionality
is predominately in place. That being said, there has not yet
been enough time to refine these systems & processes to the
point that they maximize efficiency & professionalism, while
minimizing complications, inconvenience, & occasional pain.
Patience, Understanding, & Support from the Community would
be helpful while we work towards that point in our evolution,
when we will be able to say that we have truly transitioned into
a Fully Operational & Mature Phase.

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Specific
Ongoing Responsibility Roles:
Budget Management- While we do not have a ‘formal’
budgeting process at this point (and may not need it), we do have
an informal process (and responsibility) to ensure that our financial
viability (as an organization) is maintained by projecting both
income & expenditures and managing both so as to provide for
the expenditures necessary to protecting, maintaining, and preserving
the interests of the community, without exceeding the resources
available. The role of working to this priority enters into every
aspect of every other activity that the Board engages in.
Dues Setting- The Board sets Dues Level Targets, based
upon a “balancing” of the community desire to minimize
dues levels, against the community desire to improve the level
at which we maintain our community. Once those targets are set
it must attempt to win approval for those changes within the community
approval process.
Dues Collection- Once dues levels are “set”
the Board must ensure that it has a process in place to actually
collect those dues from the membership. The first
part of this is a sound billing process. Protecting
the continued viability of the Association requires that (at a
minimum) this process must be standardized and automated to a
degree that will permit it to continue even if the entire current
board were no longer in place. Secondary objectives are that it
results in a fair & professional interaction with our membership
and that it minimizes the ‘cost’ that it incurs.
To this end we have engaged a local billing service that is able
to process our annual billing statements, including receiving
payments, & depositing those payments into our account. They
provide relevant reports to us on their activities (including
copies of all checks received and deposits made), and we are able
to reconcile those reports to our bank statements. There are some
opportunities for improvement in our standardized statement formats
and we continue to work on that. We’re also beginning to
use this service for community-wide mailings, and we’re
looking into taking advantage of computing technology to improve
the data interface between their process and our bookkeeping system.
The second part of the Board’s Dues Collection
responsibility is a sound collections process.
The majority of members understand that our Association must collect
dues if it is to survive and that it should not be considered
a true burden for members to remit payments in a timely manner
when billings are received. However, there are enough members
who have not yet made this part of their routine, that it has
been necessary to develop a process for pursuing collections actions
when required.
As with Billings, protecting the continued viability of the Association
requires that (at a minimum) this process must also be standardized
and automated to a degree that will permit it to continue even
if the entire current board were no longer in place. Secondary
objectives are that it results in a fair & professional interaction
with our membership and that it minimizes the ‘cost’
that it incurs.
With these objectives in mind it became clear that given (a) the
low level of our dues & (b) the comparatively high costs of
legal action (attorneys and court fees), it would be impossible
for the Association to absorb those costs without it costing more
to collect than is actually collected. It was also clear that
collections actions could not be avoided because, if the membership
learned over time (as it would) that non-payment would never be
pursued, it would not belong before so few would pay that our
Association would fail.
To this end we have engaged a collections attorney to pursue those
actions on our behalf and are developing standardized processes
that will eventually ensure that timeliness and efficiency of
collections is maximized. Consistent with the provisions of our
covenants, our policy also provides that the full set of attorneys
fees, court costs, & all other legal costs are assessed back
to the member causing the need to go into collections. This provides
additional incentive for members to avoid going into collections
and it protects the Association against failure due to non-payment
of membership dues.
There are several aspects to this process that are still being
refined, including a standardized “schedule”, whereby
collections actions will begin promptly at the end of the late
notice process (by the billings service), and a standardized process
for a more ‘timely’ filing of liens against the properties
of those who do not remit their dues.

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Common Grounds Maintenance- The largest single
recurring expense that the Association has is for mowing our common
areas. This is addressed further in another FAQ, but as with all
things, protecting the continued viability of the Association
requires that (at a minimum) this process must be standardized
and automated to a degree that will permit it to continue even
if the entire current board were no longer in place.
The first Secondary objective is that it balances the requirement
for consistently good grounds maintenance (so as to contribute
to the overall aesthetic quality of our neighborhood), while simultaneously
avoiding a level of cost that would disproportionately impact
the viability of the Association or other important community
priorities.
Additional Secondary objectives are that we meet all of our legal
requirements to avoid negative tax status impacts and undue liability
impacts.
Beyond merely cutting our grass, “grounds maintenance”
also includes the responsibility to address “other”
property maintenance issues, such as storm water management facilities
(ponds & ditches), removal of dead or dying trees that might
pose safety threats, and the maintenance & repair of our private
roads near the waterfront.
In some cases, responsibility lies with the Town of Elkton, in
which case the role of the board is to “negotiate”
for maintenance activity if required. In other cases, the limitations
on our funds makes it difficult to do everything that might be
requested, but the Board can (and does) prioritize maintenance
issues, and ensures that they are addressed as funds become available.
The Association always has maintenance projects that it is currently
working and/or preparing to work.
Security Activities- While the Association does
not have the funds to hire security personnel to patrol our community,
the Board does pay close attention to the security status of our
community and responds with whatever means are available to it
when concerns arise. When cars or homes are broken into, we coordinate
with residents to identify any pertinent surveillance information
they might have and notices are place on the website or mailing
sent out to the community (as the situation seems to dictate).
We also share information with local law enforcement, and attempts
have been made to start up a neighborhood watch group (though
insufficient volunteers stepped forward to make it possible).
That being said, we did erect community watch signs within the
development for whatever deterrence value that might have.
The Association has been involved in monitoring ‘traffic
problems’ on our streets, and has been in contact with town
authorities & local law enforcement to encourage improvements
in roadway features as well as an increase in patrols.
We’ve also been involved in monitoring our waterfront area
for abuses involving “dumping” and also the appearance
of periodic illicit activity that might pose some kind of public
risk.
In addition to attempting to address immediate concerns, the results
of these activities are fed into our long-term property improvement
plans, as well as entering into considerations for future policy
enhancements.

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Property Improvements-
Many of the Long-term goals of members of the Association relate
to property improvements that were promised by the developers
but never delivered. These include a clubhouse with tennis courts,
a swimming pool & a marina, as well as a nice community entryway,
hiking trails, etc.
Though our current cash flows do not make it possible for the
Association to attempt to pursue these improvements in the short
run, the Board has, nevertheless, accepted a responsibility to
attempt to pursue these kinds of property improvements in whatever
timeframe our cash flows DO permit.
To that end, the Association under resident leadership did already
install the entryway sign that now sits at the entrance to our
community. The Board also repaired it and reinforced it when it
was at one point seriously damaged by vandals. Original attempts
to provide night time lighting for it failed, when the cost of
running electrical lines were quoted at prohibitively high levels,
and when purchased solar solutions failed to live up to their
advertising. More recent negotiations with Delmarva has resulted
in the identification of a more affordable option for getting
electric lines run to the sign. However, it remains costly enough
that it will have to wait until sufficient funds become available.
More recently, in response to both our security concerns regarding
our waterfront area, and to our goal of working towards the long
term “marina vision”, the Association has initiated
installation of an Electronic Gate at the entrance to our waterfront
area.
This serves the dual purpose of (a) denying access to that area
for people who would abuse it, and (b) making it possible to begin
cleaning up that area (to state-park-like status) so as to make
it a much more valuable recreational resource for our entire membership.
Another recent addition to the website is our link to join our
“waterfront cleanup committee”. The Board is trying
to facilitate the organization of a team of concerned residents,
who would like to contribute to the improvement of our waterfront
area by volunteering their own personal time to pitch in, to help
clean it up and make it nicer for everyone. Attempting to mobilize
community involvement is just one more role that the Board tries
to serve.
The Board is also always involved in “planning” for
future improvements that it might make towards our shared long-term
vision.
Legal Reviews- There are times when outside entities
will (in some way or another) threaten or compromise the legal
rights of the Association. In those cases it is the responsibility
of the Board of Directors to compensate for those threats by being
well enough informed and advised (as to the various legal implications
of ongoing activities) that it can be (a) alert enough to know
when a legal reaction is required, (b) capable of initiating those
actions when required, & (c) capable of using this knowledge
to effectively negotiate with other parties, so as to be able
to avoid the necessity for legal action.
Legal consultation is also required to ensure that, as our systems
and processes are developed, they are specifically designed to
effectively serve all of our needs against the backdrop of the
overall legal context that those systems support.
This responsibility (again) enters into every aspect of every
other activity that the Board engages in.

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Community Elections-
The Board has the responsibility to convene and conduct all community
elections for Board Membership and for any initiatives that might
have been raised for public voting. This must also be conducted
in a way that meets all legal requirements.
Community Communications- There is a continuous
need for communication between the Membership and Association
Administration, and the Board has the Responsibility to ensure
that these needs are adequately met.
This website is the first leg in providing for this need, and
it is being continually updated to include more and more useful
information. This will continue indefinitely.
It also provides a mechanism for members to communicate with the
Administration through email within a relatively short timeframe.
The Board also maintains a P.O. Box, to serve a broad spectrum
of communication needs, which is referenced on our website and
is on every document that is distributed to the community.
The Board has also sent out periodic information mailings, including
a more formalized community newsletter. These mailings tend to
occur at least 2-5 times per year, depending upon the need.
Architectural Reviews- It is the legal obligation
of every member to request and obtain a written approval from
the Board of Directors of the Association (or its designated committee)
BEFORE initiating any material alteration to the exterior of a
home or lot. Consequently it is the express legal obligation of
the Board of Directors to facilitate that process (through creating
the documentation and procedures) and to thereby protect and preserve
the architectural integrity of the community, by ensuring that
no changes occur which conflict with the language or intent of
our covenants AND that no changes occur that are outside of the
bounds of “reasonable architectural aesthetics”. It
is expressly the responsibility and authority of the Board (or
it’s designee) to make that determination.
This may seem “subjective”, but it is essential if
the Association is to serve it’s primary purpose for existing,
which is to protect all members against the kind of community
deterioration that can be cause by residents who exercise no restraint
at all in how they maintain or alter their properties.
In support of this effort, it is the responsibility of the Board
to establish the policies and guidelines used by the Architectural
Review Committee in performing its reviews, and to also serve
in an oversight role, to address problems that might arise in
this process, including the fielding of objections raised by members,
regarding the handling of their Architectural Review.

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Covenants Compliance- It is the express legal
obligation of the Board of Directors to ensure compliance to the
covenants throughout our community. It facilitates this process
by drafting policies and guidelines for interpreting the requirements
of our covenants, and by serving in an oversight role over the
Covenants Compliance Committee, as it sends notices and otherwise
acts to accomplish compliance.
In this oversight role it also fields objections raised by members,
regarding the findings of the Covenants Compliance Committee.
If a formal review is required before proceeding to the litigational
phase, this will be conducted by the Board of Directors in its
quasi-judicial arbiter role.
If legal enforcement becomes necessary the task is handed off
to an attorney, but the Board has the responsibility to define
standardized process and procedures for administering this activity,
as with others.
This is addressed elsewhere, but it is important to keep in mind
that administration of our Association remained in developer hands
for approximately 10 years, where oversight was substantially
lacking. This lead to a situation where so many covenant compliance
issues developed that it is now a physical impossibility for the
current administration to achieve an instantaneous correction
throughout the community, especially in light of the facts of
our resource limitations.
All that can be reasonably expected is that the Board provide
for and ensure that a logical process is deployed, which can systematically
and incrementally work our community into eventual fully compliance.
That is the plan that the Board is currently working to.
Tax Filings- As with any other Corporation our
Association is required to annually file State & Federal Corporate
Income Tax returns, and State Personal Property Tax returns. We
do have a specialized status as a Homeowners’ Association,
that permits us to avoid paying any income taxes on our dues,
but we must meet all filing requirements in order to maintain
this status, and it could be lost if we do not successfully do
so.
If we hired direct employees we would be subject to payroll tax
filing requirements, which is one reason why the Board must take
care to arrange all business transactions, so as to avoid creating
the legal definition of an employer-employee relationship. Accordingly,
all transactions and contracts executed by the association must
be worded carefully with the pertinent legal criteria always in
mind.

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Financial Reporting- It is the responsibility of the
Board to ensure that an accounting system is in place, which can
provide for the accumulation of information that adequately reports
the financial operations of the association, so as to make it
possible for a user to understand the current financial strength
of the association, against the backdrop of adequate visibility
into its standard expense burden, and reflecting the ongoing cash
flows of the association.
When the resident members assumed responsibility for the administration
of the association there was no meaningful accounting system in
place. Over the past several years a meaningful system has been
incrementally developed, which now approaches adequacy.
Remaining opportunities for improvement are primarily focused
on enhancing the efficiency of transfers of information between
our billings service and our resident bookkeeping system, so that
financial reports may be developed on a set schedule.
Membership Records- in order for the Association
to be able to fulfill its duties, it is necessary that it maintain
records that always identify the current owners of all properties,
and maintain a current file of all correspondence with that member,
including communications related to dues collection, architectural
approvals, and covenants compliance. Once our waterfront gate
is made operational and members are given key cards for access,
that will add one more piece of informational status that must
be maintained.
While the Association has struggled somewhat in maintaining the
currency of these records, a number of new system development
efforts are under way, which we believe will help us to be more
efficient at managing this information.
Customer Service/Consumer Relations- At all times
the Board has a responsibility to attempt to respond to membership
questions, concerns, and complaints. The website goes along way
towards providing for this need, and including website enhancements
such as these FAQs, it is important that improvements to this
process continue to be pursued.
There have been attempts to implement a community welcome wagon,
but it has so far failed, due to our Membership Records challenge,
and due to the lack of sufficient volunteers.
In line with the spirit of developing a good community feeling,
the Board has worked to provide for community activities such
as “community days” (pony rides, moon bounce, barbeque,
etc.), the Christmas House Decoration Contests, Community-wide
yard sales, etc. Again, the shortage of volunteers, in the light
of all other responsibilities, has an impact here.
Public Relations- The Board must also maintain working
relationships with Town & County administration including
representatives in the Planning Department, Public Works Department,
Police Department, Fire Department, etc, as well as with Representatives
of some of the Utilities, and certain State Agencies as well.

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If
I See Other Violations, Do I Have a Right to Ignore Notices Issued
To Me For a Violation?:
Answer: No, When the Association transferred
from Developer Control to Membership Control, there were zero
systems or processes in place to facilitate the job of managing
a 290 home development, and so, the majority of the "priority
effort" of the administration, had to be focused on developing
the processes and systems necessary for the very survival of the association itself. Given the small amount of volunteer support
offered, it was extremely difficult to get around to policing
the numerous non-compliant conditions that have developed over
the TEN+ years of developer control, considering that "association
management" is not the business that the developers were
really in, and that consistent administration was not high on
their priority list.
Given the extreme resource limitations faced by the Association
it is simply a physical impossibility to address all of the accumulated
non-compliant conditions within the development all at once. The
only option available to the Association is to develop and deploy
a logical process for systematically addressing all issues over
time. This is what the Association is currently doing, and a court
would recognize the Association as being entirely fair & reasonable
in this approach.
As a consequence, it is necessary for the membership to recognize,
understa! nd, and appreciate that there will be an extended period
of time where the administration must work to incrementally address
all compliance issues within the development.
If a member sees a violation condition elsewhere in the development,
that only means that (a) it has already been addressed, and the
member is simply not privy to the corrective action process that
is already under way, (b) it was missed during the sweep for violations,
which does not make it ok for others to have violations, and odds
are if it reoccurs it will be caught, or (c) it is not one of
the classes of violations we are addressing at this time, but
will be included in a later sweep. Regardless of which explanation
applies, none of them constitute a legitimate defense against
enforcement actions or support the notion that a member in a current
violation action has a "right" to violate our covenants
at will, and to disregard notices of non-compliance, simply out
of criticism over "good ! faith imperfections" in the
enforcement process. This would! be tantamount to a person claiming
that a court should dismiss a speeding ticket because another
speeder did not get caught. If that logic prevailed no laws or
rules could EVER be enforced. Our courts are not inclined to put
themselves out of business in this way. If they did, chaos would
rule forever more.
The fact that a covenant
violation may not have been addressed before, even though the
non-compliant condition may have existed for an extended period
of time, is simply and legally irrelevant to the question of enforcement,
and is not a legitimate basis for arguing that current covenant
compliance is not required. Any failure to detect the violation
sooner would be purely the result of there being too much work
for too few volunteers to be able to get to it sooner... nothing
more, and this reality does not have any effect on the fact that
a violation exists, upon the propriety of corrective action at
any given point i! n time, or of the legal obligations of both
the member and the Association to ensure that compliance is achieved.
Summary:
In short, the limitations and obligations conferred by our covenants
are not legal 'suggestions' and they are not 'optional'. They
are firm and legally enforceable 'requirements', regardless of
whatever other "whack-a-mole" conditions might be popping
up elsewhere within the development. It is only through these
enforcement actions that the Association can ultimately educate
non-compliant members in their obligation to BE compliant.
In addition to the legal obligation that all members have to comply
with our covenants & community rules, there is also a moral
obligation to demonstrate courtesy and appreciation for the self-sacrificing
effort that community volunteers are contributing to each of us,
as residents, as they take time out of their personal lives to
conscientiously perform duties in preserving, protecting, an!
d promoting the common good of our neighborhood.
Understanding, ! courtesy,
and appreciation, including the avoidance of creating any unnecessary
difficulties or conflicts, and the avoidance of heaping any unnecessary
burdens upon our volunteers is the reasonable & appropriate
public duty of every member.

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What
Are Deed Restrictions:
Deed
restrictions are (as the name implies) Restrictions
that have been legally attached to a piece of land, and are documented
upon the Deed, itself, which legally limit how a piece of land
may be used
They
were PUT IN PLACE BY THE DEVELOPERS and CANNOT
BE CHANGED BY THE BOARD
They
CAN be changed by a two-thirds vote of the community,
but until then they simply are what they are. The
second most important thing to know… Is that the Board of
Homeowners Association is legally obligated to enforce the deed
restrictions (especially the ones that involve the potential
for injury) as they were written in order to avoid serious consequence
for them as individuals… and for the community overall.
So,
PLEASE … if any Homeowner is not happy about
the restrictions that apply to them… do not blame the Board, or
direct frustrations in their direction. It’s not their doing.
The
only CONSTRUCTIVE thing that can be done… is to “get active” and
work within the community to get a two-thirds consensus to get
the changes that a homeowner or group of homeowners… thinks that
we need. The Board will provide the information and assistance
to anyone that wishes to accomplish this kind of action.
All
the Board can do… is to communicate clearly to the community…
what those restrictions are, and how they apply.
The
Legal Basis for the Restrictions … If a homeowner within
the community will read their deed (which is the “Title” to their
House and Land), they will see that it specifically states that
the use of their land is subject to the covenants and deed restrictions,
as defined by the Kensington Courts Community Association governing
documents. Those restrictions were “attached” to our land by the
developers before they sold that land to any homeowners, and was
therefore… those restrictions were already “bound” to that land
when it was purchased by a homeowner. In effect, when we willing
bought into this community we “willing accepted” and “agreed to
be bound” by those limitations. It’s like a contract that is legally
enforceable and cannot be broken, except through the voting mechanism
described above.

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What
is the Covenant Compliance Assurance Process for Kensington Courts?:
-
Our
process is to send you a Courtesy Notice of any observations
initially found on your property which is a reminder to you
regarding a violation. (This is
without imposing a fine).
-
Our
next approach is to send a Fine Warning Notice regarding the
initial violation event or issue, (which is without
imposing a fine) to give you the member the opportunity
to correct any infractions that the Covenants Committee is
identifying.
-
Our
final approach is to issue a Fine
regarding the initial violation event or issue that will be
assessed to you at your expense for none compliant efforts.
It is not the Covenant
Committee intent to fine our members, but help them become compliant
with all community covenants. This is why we give our members
the benefit of the doubt to correct any and all violations on
their lots.Please know that we may have other infractions within
our community and because of the workload and less volunteer
efforts, our process have been slow. We are in need of Covenant
Enforcement Volunteers to help us address violations in a timely
manner.
Each owner/s are responsible for any and all possible
violations within their lots.
Please understand that the responsibility of the Covenant Committee
is to identify property violations and help members reach full
compliance.

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Who
Are the Board of Directors of the Associations?:
Rod
Burr is the President of the Association and his duties
are to preside at all meetings of the Members and of the Board
of Directors and see that orders and resolutions of the Board
are carried out. He have authority to sign all leases, mortgages,
deeds, and other written instruments and shall co-sign all checks
and promissory notes.
Ray
Barton is the Vice-President who acts in the place
and stead of the President in the event of his absence, inability,
or refusal to act, and exercise and discharge such other duties
as may be required of him by the Board.
Robin
Embleton is the Treasurer and she receives and deposit
in appropriate bank accounts all monies of the Association and
disburse these funds as directed by resolution of the Board
of Directors; she sign all checks and promissory notes of the
Association; keep proper books of account; cause an annual audit
of the Association books to be made at the completion of each
fiscal year; and prepare an annual budget and a statement of
income and expenditures to be presented to the Membership at
its regular annual meeting, and deliver a copy of each to the
Members requesting the same.
Michael Ireland is the Secretary and she records the votes
and keep the minutes of all meetings and proceedings of the
Board and of the Members; keep appropriate current records showing
the Members of the Association together with their addresses;
and perform such other duties as required by the Board.
Reggie
Little is the Communications Officer who helps to convey
communicable information through publications and technical
issues. Responsible for informing owners of any updates and
reminders through internet email. Also he directs our Covenants
Committee with planning and establishing a systematic process.

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What
Is An Architectural Request Form and Why Is It Needed?:
An Architectural
Requst Form is a required form needed to be submitted prior
to the start of any exterior home improvement. Our covenants that
establishes the requirement that all changes to the exterior of
a home are preceded by a request for and receipt of a written
architectural approval before commencing. It is important to remember
this for all future proposed changes within your property.
The purpose of this
is to help ensure that the appearance of our community is preserved,
through review and verification that a proposed change is indeed
compliant to our covenants as a matter of procedure. It is important
that you receive this written approval because that document serves
as your legal proof that you did indeed get approval (much like
a building permit) so that no one could question you legally in
the future.

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Why
Can't Residents Ride Off Road Vehicles, including ATVs Within
Our Community?:
The Board
of Directors can appreciate the frustration of some members at
not being able to ride off-road vehicles or ATVs within the development,
and wish it was possible to satisfy all wishes and desires simultaneously,
but this subject has been through a very extensive review, and
it has become clear that we really have no option. The simple
& inescapable conclusion is that there are (a) practical,
(b) ethical, and (c) legal barriers to permitting this activity
that just cannot be overcome.
Practical-
Many residents did not move into the community until more recent
times, which means that they haven’t had an opportunity
to witness what life was like in Kensington Courts through the
early years of the development. For the first 10+ years, the developers
retained control of the Association administration, but aside
from putting up a “No ATVs” sign at the bottom of
the development, they did little to enforce the covenants in our
governing documents (which, among other things, prohibit off-road
vehicle operation within the development). As a consequence, people
didn’t pay much attention to our covenants, or just assumed
they could do as they pleased. The result was that several households
had ATVs and rode them freely throughout the development; and
it lead to a significant number of issues. People were getting
drunk and then riding them, apparently thinking that as long as
they weren’t on the streets (though they were) they weren’t
breaking any laws, and so it was ok. As a consequence, there were
multiple incidents where children were nearly run over, with confrontations
between parents of those children and the “rowdy riders”,
which routinely escalated an already dangerous event into something
even more violent & threatening.
On top of this, the people who were riding throughout the common
areas (and particularly in wooded areas) were doing significant
damage to our grounds, creating paths that turned into ruts, running
over small trees, destroying vegetation, crossing property lines
into other people’s lots, and generally disrespecting everyone
else around them.
What we learned from this is that, once people are permitted to
ride in the development, many will tend to progressively move
into virtually running amok, and there is no one that can control
them. It really was a “give an inch and they’ll take
a mile” situation. It became clear that making additional
rules, which might attempt to put boundaries on their behavior,
would be useless, because they were already demonstrating that
they were adopting a self-centric, prerogative, attitude that
had no regard or respect for following any rules, at all, which
limited their behavior. Through the course of that experience
it became clear that the creation of more “detail”
rules would only result in a longer list of rules that many would
happily violate. Courtesy, maturity, responsibility, & consideration
for others (non-riders) were almost entirely absent, once these
riders got into the “off-road frame of mind”.
The only way it could have even conceivably worked, would have
been if we hired security personnel to watch the riders continuously
and “pull their ticket” (somehow) if they broke the
rules. Unfortunately, we do not have the financial resources to
hire people for this, and could not bear the legal and insurance
implications of the inevitable accidents that would occur, or
those inevitable confrontations that would occur when riders objected
to the enforcement decisions of those security people. The nightmare
of trying to oversee such an arrangement would, by far, dwarf
any benefit at all; and would clearly put the interests of a very,
very, few, above those of the vast majority, not usually a good
policy move for any organization.
Even considering such a scenario would also overlook the fact
that, whatever land we allocated for this activity would be essentially
destroyed, in terms of vegetation, wildlife habitat, and the natural
beauty, that so many people in our development value and wish
to preserve. Our community would be left with all of the natural
aesthetics of a motocross track.
On top of all of this, the operation of off-road vehicles in such
close proximity to our homes would result in a significant imposition
(onto the general population of our community) of air & noise
pollution into our private spaces, that would interfere with the
opportunity for the rest of the community to have full enjoyment
of, not only our common areas, but even to their own lots. People
want to be able to relax in their back yards or on their decks
and enjoy the peace & quiet of our natural setting, and as
one resident put it, they cannot do this “with the noise
of ATVs reverberating through their skulls”.
The bottom line “practical” lesson we gained from
this was that that once people are permitted to ride ATVs, there
are no lines that can be drawn, which can be enforced effectively.
What we learned is that the only rule that can be effectively
enforced is one of zero riding, zero exceptions, & zero tolerance…
as is clearly stated in our covenants. If any exceptions were
permitted at all, then those wishing to test the enforcement resolve
of the Association would jump on that opportunity to launch the
progressive deterioration scenario all over again. Anything less
than “zero tolerance” would be impossible to manage
and would be hopeless.
Ethical-
Kensington Courts is located mostly within State Protected Wetland
zones, and it was designed & set up in cooperation with state
& local government, and with environmental groups, who were
initially opposed to our development even being permitted (it
would have been denied under current law). Under the compromise,
which permitted our development to be approved (by the Town Planning
Commission) under a grandfathering clause, the original developers
had to pledge that our development would be set up to co-exist
harmoniously with (and with minimal impact upon) our natural wildlife
setting. Our covenants were deliberately designed to restrict
activities in this fragile ecosystem, so that it would naturally
attract residents who are more interested in enjoying & appreciating
the peace, the quiet, and the natural beauty of our wildlife setting,
and who would be naturally inclined to help to preserve the natural
state of our land, rather than those who would thoughtlessly damage
it for instant gratification purposes.
By and large this is exactly what happened. The vast majority
of our residents moved into the neighborhood because they wanted
to live in a place, which would afford them the opportunity to
experience a reasonable measure of the kind of tranquility that
can come from living in such a nature-sensitive community. When
they read the covenants they were pleased that these kinds of
provisions were in place, and decided to invest their money in
this development in reliance on the promise that the association
would fulfill its duty to ensure that those nature preservation
rules would be followed.
To put this into perspective, in the first 7 years after the resident
members assumed responsibility for the oversight of our community,
there were 6-to-8 residents that complained about not being allowed
to ride off-road vehicles (some of whom no longer lived within
the community by the end of that period), and there were 150 or
so, who complained (in one way or another) about the rudeness
and general inconsideration of those who disrespected our community
rules, in causing negative impacts upon the peace, quiet, and
general “niceness” of our community.
It’s useful to remember that some communities are designed
around golf courses so that people with that common interest can
live in a neighborhood which actively supports their shared interest.
Our community was designed around a respect & appreciation
for the preservation of a natural wildlife setting, so that people
with that common interest can live in a neighborhood that supports
this shared interest. There are other communities designed more
directly around boating, and there may well be communities that
are designed to promote various forms of motorsports, but Kensington
Courts was never intended to be that kind of community, because
it would directly conflict with the priorities that it WAS designed
to serve.
Simply put, it has been made abundantly clear to the board of
the association that the vast majority of our community does not
want any off-road vehicle activity within the development; but
more importantly, this community was advertised as one that would
not permit such activity, and many (if not most) residents relied
upon this promise (& the covenanted assurance) that this kind
of activity would not exist within this development. The truth
is that those members have a legitimate right to have that promise
fulfilled. The very few residents who might feel otherwise do
not have a similar right. State law requires that every new prospective
resident is advised (by the title company, realtor, and seller)
that these covenants are in place and that they act as a legal
restriction upon the deed for each lot (actually limiting the
personal property rights of each resident with respect to the
activities that they may engage in, even on their own property),
for the purpose of promoting this particular type of environment,
SO that each person could evaluate whether or not they would be
happy living in this kind of community, and so they could make
a decision as to whether they wished to (a) accept & respect
those covenants or (b) choose a different neighborhood that would
be more to their atmospheric liking.
When each new resident signed the required acknowledgement form
at their settlement, they were (in effect) legally making their
decision to accept, respect, & follow the rules of the community.
To accept the terms of entry into the community by moving in,
only to later turn around and reject the rules that they (and
the rest of the community) had agreed to, is not a good faith
act (by definition), and isn’t an easy or reasonable position
to defend or justify. It certainly would not be defensible in
court. Covenant documents are legally binding and enforceable
in court.
So, as an ethical matter, the truth is… that the board of
the association is morally and ethically obligated to (a) respect
the wishes of the membership majority, who moved into the development
in good faith, over the wishes of the few, who are (essentially)
disregarding their own commitments; and to (b) honor the clearly
expressed “founding principles” of the community,
as well as its commitments to governmental & environmental
agencies.
Legal-
The prohibition against riding off-road vehicles anywhere within
the development (including on one’s own lot) is expressly
included within our covenants, and it is also inferred within
the minutes of the Elkton Town Planning Commission records, when
approval of this development was based upon developer assurances
that the covenants would include provisions to protect against
activities that would be likely to inflict serious damage to our
natural habitat lands… provisions such as the prohibition
of off-road vehicle activities.
Our covenants also expressly limit the authority of the Board
of Directors of the Association. Because of these limitations,
it is not within the power of the Board to permit this activity
when it is expressly prohibited within the covenants. Even if
there were no practical obstacles, even if there were no ethical
obstacles, and even if the Board did believe it to be a good idea,
it would simply be illegal for the board to permit it, even WITH
the kinds of additional restrictions some have suggested. There
simply is no legal option.
Summary-
It’s not that there is anything wrong with riding off-road,
it’s just that there are places for it that are reasonable,
and places for it that are not reasonable. What we now understand
is that, in and around a compact, residential community (in general)
has proven to be one of those places, where it is not reasonable,
and that, in and around our community is especially not reasonable,
all things considered.
We understand that
residents can inquire about this rule in all innocence, and that
they may not be aware of this full background, and so this explanation
was drafted to help provide a reasonable answer to the question
when raised. It is sincerely hope that a reading resident/member
will (through this reading) develop an understanding and appreciation
as to why this rule is in place, and will be able to see why it
is important for all residents to respect and follow these covenants.
As always, membership understanding and cooperation are greatly
appreciated.

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What
If I Don't Like Our Covenants?:
The first step is to fully understand the situation.Despite
what we may think or feel, under the law, no one is entirely free
to do anything or everything they might want to do on their properties.
There are always limitations.
Zoning laws prohibit people from building factories or feed lots
for livestock in residentially zoned communities. The simple fact
that a person owns a lot in a development does not entitle them
to “do as they like” and construct one of these operations
there.
This does not mean that we do not have “freedom”.
We can still build a factory or a feedlot if we wish. It is just
that we must find a piece of property that does not have any zoning
restrictions (prohibiting those constructions), and we must locate
our factory or feedlot in one of these permitted places.
Our community has been (in effect) “ZONED” (by virtue
of our covenants) to be a deed restricted community, where the
entirety of our development has had certain prohibitions attached
to it. This does not mean that you are not permitted to engage
in prohibited activities (if you so desire). It’s just that
IF this is important to you, then (just as with any decision to
build a factory) you must first find a place to put your home
where it would not be prohibited.
If a person buys a lot with the intention of installing a factory,
but fails to verify first, that factories are permitted within
the zoning limitations of that property and it turns out that
they are NOT permitted, then that person simply messed up. They
can’t later complain about the existence of the zoning,
or argue that it is unfair that they can’t put the factory
on that lot. It was clear from the beginning that the factory
was not permitted, it is the responsibility of the purchaser for
failing to do the due diligence to confirm that his plans would
be permitted on his new lot. He has no one to blame but himself.
Similarly, when a
person was preparing to purchase a home in our development, their
realtor and their title company were legally required to inform
them that ours is a deed restricted community, and to give them
a copy of our covenants so that they could read those covenants
and be fully informed as to whether or not these rules “fit”
within their needs. The realtor and title company could lose their
license if they failed to do this and a buyer could have legal
recourse back against them. Consequently, every resident member
probably signed a form at settlement, which acknowledged that
they were so informed.
Under the law, it is a buyer’s legal obligation to ensure
that they read and understood our covenants before they move in,
and if they DO move in, state law deems that they HAVE read, understood,
and accepted the limitations that those covenants impose upon
the use of their property. We have all, in essence, FULLY AGREED,
that we may not & will not act to violate them.
If a member did not actually read those covenants, it is not the
fault or responsibility of the Association, it is not the fault
or responsibility of any of their neighbors, and it is not the
fault or responsibility of anyone serving as a volunteer within
the Association’s administration. That is the consequence
of signing documents before you read and understand them.
All we can do from
this point is to accept and respect the legal realities and live
with the consequences. Making life difficult for others because
of our error is not a reasonable or fair reaction.
So, again, no one in the Association is “dictating”
what occurs on your property. Those restrictions are being “dictated”
by the law, based in your legal consent. When the Covenants Committee
acts to ensure compliance to our covenants it is not only acting
to protect the values of the community. It is acting to protect
the very survival of the Association, because if it did not live
up to its duty to properly administer the covenants, it would
lose its ability to oversee our community AT ALL. In that case,
all of our common properties would revert to town ownership, our
common grounds (including our waterfront area) would become public
property, and our neighborhood would be invaded by large amounts
of traffic and unpleasant activities, which we would have no power
to restrict…. very bad stuff.
However, there is one other alternative, if a member’s desire
to have a covenant changes is strong enough, they can choose to
pursue the process of having the covenant changed, and the Board
will be supportive of any reasonable efforts to do so. Be advised,
though, that the process was intentionally designed to be difficult
so that rules could not be changed too frivolously. Changing a
covenant requires that a minimum of two-thirds of the membership
(194 members) sign a form (signatures must be verified) agreeing
to the change. If a member genuinely wishes to undertake this
effort, and are willing to talk to enough people within the development
to get those approvals, the Board will provide them with the necessary
forms and execute the necessary legal filings to complete the
process if a member succeeds.

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What
Would It Take to Intall Sidewalks and/or Concrete Curbs In Our
Development?:
Probably a
change in State Law.This question was brought up, discussed,
& resolved during the Elkton Planning Department Hearings,
which resulted in approval for our development to be constructed.
Because our development is largely within State Protected Wetlands
& Wildlife Habitat Area, the water permeability of the land
& storm water management were both significant environmental
concerns raised in objection to our development even being constructed.
As it has been explained (supported by planning department documentation)
State (& certain environmental group) objections to our development
being constructed were withdrawn only when planning approval included
a list of “environmentally sensitive conditions”.
Among these were that we would have gravel shoulders & roadside
swales with no sidewalks or curbing.
Because of this it is doubtful that we could ever get those improvements
approved.

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Why
Isn't the Grass Cut More Frequently Or More According To the Schedule
that I Would Prefer?:
Because it isn’t
reasonably possible. The
cost of mowing our common areas approaches $1,000 per cut, and
a season’s worth of mowing already approaches half of our
annual income. If we were to have the grass mowed more frequently
we could easily spend more money than we actually take in during
a year.
It’s important for residents to remember that the duty of
the Board of Directors to do its best to meet ALL of the legal,
moral, & practical obligations of the community. This means
“balancing” all concerns against each other, and making
a point to spread our resources so that we accomplish ALL of them,
at least to the minimum necessary level. Given our modest level
of annual dues, it isn’t reasonable for anyone to expect
much more.
As it is, the Board has managed to arrange its budget so that
we are able to have our common areas mowed, generally, once every
two weeks. This may not keep the grass as short as some might
keep their personal yards, but it does tend to be better than
how well local governments maintain public parks, and that is
probably as good as we can reasonably expect.
In managing our limited
resources we do not begin mowing as early in the year as some
residents do with their own yards, or continue mowing as late
into the Fall as some might, but do make a point to ensure mowing
occurs during approximately the same timeframe as public properties
(parks, etc) are mowed.
It is also important to keep in mind that human scheduling is
never perfect. Our mowing contractors are (by the nature of their
businesses) “independent” to a degree and must manage
their own lives & businesses, as well as taking care of our
grounds. Accordingly, there will be times when they have scheduling
challenges, which may cause our mowing schedule to fluctuate to
a minor degree, and of course, weather (such as rain) and other
out of control events can also impact the possible mowing schedule,
as does the preference by many members to avoid mowing during
evenings, weekends, or holidays.
In short, minor thoughtful reflection is usually enough to make
it possible to see that, all tings considered, the existing schedule
is optimized to be about the best it could be, and in fact, community-wide
mowing normally occurs with consistently reliable regularity.
Residents who lived within the development before the membership
assumed responsibility for the Association can attest that conditions
were much worse before that point in time.

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