Bayview Estates

Community Board Bylaws

Article I. Name and Location

The name of the corporation is BAYVIEW HOMEOWNERS ASSOCIATION, INC. The principal office of the corporation shall be located at a location designated by the Community Board, but meetings of Members and the Board may be held at such places within the State of Maryland, County of Harford, City of Havre de Grace, as may be designated by the Board.

Article II. Definitions

Terms that are capitalized in these Bylaws shall have the meanings set forth in the Association’s Declaration of Covenants, Conditions, and Restrictions (CC&R) and By-laws.

"Association", “Community”, and “BVE” shall all mean and refer to BAYVIEW HOMEOWNERS ASSOCIATION, INC., a Maryland corporation, its successors and assigns.
“Community Board” (the short form is “the Board”) is the title of the “BVE Board of Directors”,the group of elected officers and directors who, acting as a council, shall be the ultimate authority in the community as listed in all governing documents, declarations, and rules & regulations. I'm
"Properties" shall mean and refer to that certain real property described in that certain Declaration of Covenants, Conditions, and Restrictions and that certain Declaration of Covenants, StormWater Management Facilities, affecting the Properties as defined in the Articles of Incorporation of the Association, and such additions thereto as may hereafter be brought within the jurisdiction of the Declarations or either of them.
"Common Area" shall mean all real property (including all improvements thereto) owned by the Association for the common use and enjoyment of the Owners, including open space and private roads but not including stormwater management facilities.
"Lot" shall mean and refer to any plot of land shown upon any approved preliminary plats and recorded subdivision maps of the Properties, together with all buildings and improvements therein, with the exception of the Common Area and the stormwater management facilities.
"Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot or parcel of land which is part of the Properties, including contract sellers, and excluding those having such interest merely as security for the performance of an obligation.
"Declarant" shall mean and refer to the Declarant shown on the Declarations, and their successors and assigns if such successors or assigns should acquire more than one (1) undeveloped Lot from them for the purpose of development and are expressly granted the rights of the Declarant in conjunction therewith.
"Declaration(s)" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions, Land Use, Architectural Control and Common Areas and the Declaration of Covenants, StormWater Management Facilities, applicable to the Properties, as amended from time to time, and recorded among the Land Records of Harford County, Maryland.
"Member" or “Homeowner” shall mean and refer to those persons entitled to membership as provided in the Articles of Incorporation of the Association.
“Officer” shall mean an executive position with a seat and vote on the Board, including Vice President, Treasurer, and Secretary. The President is also an officer, but may vote only in a tie.
“Director” shall mean a member of the Board who does not have an executive position.
Footnotes shall be considered an integral part of these by-laws with full force and effect.

Article III. Meeting of Members

Community Homeowners Meetings.
1. The Community Board shall call a meeting of the Members as needed, at least once per calendar year.
2. Community meetings shall elect members of the Community Board, conduct votes on changes to By-Laws, and be a platform for members’ to voice feedback, concerns, and requests for action.
Notice of Meetings.
1. Written and/or email notice of each meeting of the Members shall be given by, or at the direction of, the President or at his or her direction, the Board Secretary, by emailing or mailing a copy of such notice, postage prepaid, at least twenty (20) days but not more than ninety (90) days before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association or supplied by such Member to the Association for the purpose of notice.
2. Notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting, and shall state that the meeting may be adjourned and an additional meeting called as required in Section 4 below, if a quorum sufficient to act is present at the regularly called meeting.
Quorum. he presence, in person or by electronic means, at the meeting of Members entitled to cast one-twentieth (1/20) of the votes shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declarations or these By-Laws.
1. If such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power by majority vote to adjourn the meeting from time to time.
2. Notice of the time, place and same purpose for the additional meeting shall be advertised by email and regular postage paid mail for Members who opt out of electronic communication and shall state that at the additional meeting the Members present may approve or authorize the proposed action at the additional meeting and may take any other action which could have been taken at the regularly called meeting if a sufficient number of Members had been present.

Article IV. Community Board

Composition of the Board
1. The affairs of this Association shall be managed by at least three (3) Officers Directors serving in the offices of President, Secretary, and Treasurer, as well as other officers and the directors elected by the members.
2. The Directors and the Officers sitting together will collectively be known as the “Community Board of Bayview Estates”.
3. Under normal circumstances, there shall be 5 voting seats in addition to the President, who may vote only in the event of a tie vote. No more than seven (7) board members may serve at any one time.
Eligibility to serve on the Community Board
1. The Officers of the Community shall ensure that all prerequisites of eligibility are met for all nominated candidates prior to the final ballot being made public.
2. Must be a homeowner and resident in the community over the age of 21 in good standing for at least 12 months prior to election. Only one person resident in each home in the community may serve on the board at any one time.
3. The board member and/or their immediate family may not have a legal or financial stake in any business or organization with which the community is in a contractual relationship.
4. Shall not have brought civil litigation against the Community, the BVE Board/its Officers and Directors individually, or any agent thereof in the previous 12 years. The candidate will be responsible for declaring if he or she had been in litigation against any other HOA/Condo Association in the state of Maryland and the nature of that legal action prior to his or her name being nominated for any position on the Board.
5. Must not have been convicted of a crime (other than traffic related) at any time. Candidates who accept nomination may be subject to a background check at the Board’s discretion.
6. Must have adequate time to devote to serving the community on its board. All board members must agree to have access to phone and email that is checked regularly for correspondence, meeting announcements, and to stay abreast of events between meetings.
7. Shall at no time bring the community, its board, or its homeowners into disrepute through verifiable print,online, or verbal communications.
Term of Office.
1. Directors shall be elected at the annual meeting of Members to occur during the second quarter of the calendar year, all new terms shall commence on the first day of the fiscal year, (1 July) in the year in which the office was elected for a duration of 24 months or until a replacement is elected.
2. The board shall have the authority to regulate and schedule all meetings of members and the transition of new officers and directors into their positions
3. Elections to the two year terms of Directors shall be staggered to provide continuity from one year to the next. At each annual meeting one half of the positions of Director shall fall vacant.
Removal or Resignation
1. Any Officer or Director may be removed from the Board by a ⅔ majority vote of the Community Board if they are found to have violated the terms of these by-laws or for other causes as determined by the board.
2. The President may be removed from his or her position either by the process noted in Article IV Sec. 4.1 or if 33.33% or more of the whole number of homeowners in good standing petition the board to hold a community meeting for the purpose of voting to remove the President from office. The vote will require ⅔ (214 votes) of the whole number of homeowners to vote in favor for the motion to be approved.
3. Any Officer or Director may resign their position on the board at any time.
4. In the event of death, resignation or removal of the President, who shall be replaced by the Vice President, or if no Vice President is in office, first the Treasurer or second the Secretary, and shall serve for the unexpired term of his/her predecessor. The Board must have a President and at least two other officers in office to conduct its meetings. If there are no serving officers available, the board shall request nominations from the homeowners and call a special meeting of the Community within 20 days to elect all vacant officer positions for the duration of the unexpired term.
5. In the event of death, resignation or removal of any other Officer, his/her successor shall be selected by the remaining members of the Board from one of the other members of the board or if no member is able to serve, appoint a Homeowner in good standing. He or she shall serve for the unexpired term of his/her predecessor.
Compensation.
1. No elected board member shall receive compensation for attending board meetings.
2. Officers providing more than 10 hours of verifiable time per week may receive an honorarium not to exceed Maryland state minimum wage through a 1099 if provided for in the annual budget.
3. Directors and Officers may be reimbursed for his/her actual expenses incurred in the performance of his duties.
Action Taken Without a Meeting
1. The Board shall have the right to take any action in the absence of a meeting which they could take at a meeting, by obtaining the written approval of a ⅔ majority of all the Board Members.
2. Any approved action shall have the same effect as though taken at a meeting of the full Community Board.

Article V. Elections

Nomination
1. The Community Board will communicate through regular means a call for candidates for the upcoming board term from the Members in good standing for all positions falling vacant in that year. Notification to members of vacancies on the board shall be made known to the homeowners through the emailed or US mailed Spring newsletter, no less than 15 days prior to the close of nominations.
2. Nomination for election of Directors shall be made by at least one homeowner other than the candidate. All nominations shall be communicated to the President one week prior to the last regular board meeting prior to the Annual Meeting.
3. Homeowners may nominate a candidate(s) for the Officer positions of President,Vice President, Secretary, or Treasurer, any nominations must receive no less than 5 Members’ support to be valid. Candidates may only be on the ballot for one officer position of the candidate’s choice at an election.
4. Nominations must be received by the current Secretary not less than 5 days prior to the date of the annual meeting.
5. Candidates email the following form to the Board to be considered:
  
  Full Name:___________________________ DOB:________________
  Number and Street of BVE property(s)_____________________________
  Have you ever participated in litigation against an HOA/Condo Ass.? Yes No
  Which position are you interested in standing for?________________________
  
  By submitting this form to the Board, the candidate gives consent for the Board to conduct a background check. All information received will be kept confidential and destroyed after 3 years.
6. Candidates who have been nominated for an officer position may also choose to be nominated for a Director seat at the same election. If the candidate is elected to both positions, the next highest vote getter to the Director seat will be declared the winner.
7. All valid nominations will be placed on a paper or electronic ballot. Homeowners may vote either in person at the annual meeting or by electronic ballot if their identity has been verified prior to the date of the election. The candidate which receives the largest number of votes shall be elected into the position so identified.
8. The board will name a trusted election moderator who will ensure all candidates are eligible to serve and have been properly nominated, verify the veracity of the ballots and count them, and announce the outcome of the election to the community. All ballots will be retained by the board for 12 months after the date of the election, after which they will be destroyed. The board will ensure all homeowners are apprised of the makeup of the new Board in a timely fashion.
9. Upon taking their office, the President shall nominate individuals for the positions of Secretary and Treasurer from amongst the membership of the board, if no person was elected at the annual meeting to those positions. The board will then vote at their next regular meeting to approve or deny the nominations.

Article VI. Meetings of the Community Board

Regular Meetings.
1. A regular meeting of the Board shall be held as necessary at the President’s discretion.
2. A minimum of three (3) meetings shall be held in any calendar year with no maximum number of meetings.
Special Meetings.
1. Meetings may be called by the President at his/her discretion, or upon the written request of half of the whole number of members of the Community Board, or at the written request of 20 or more Members.
2. The purpose of the meeting shall be stated in the request, and at least 15 days written notice shall be given.
Quorum.
1. A majority of the number of serving duly elected members of the board, including either the President or Vice President, shall constitute a quorum for the transaction of business.
2. Every act or decision done or made by a majority of the board members present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
Action of the Board
1. The acts of the Community Board shall be valid if the required quorum is present at the time of a vote, unless there is an exception stated in law.
2. Each Board Member has one vote, regardless of the number of units or properties they own, the President shall vote only in the event of a tie vote.
3. The Vice President may vote on all matters even if leading the meeting in the President’s absence.
4. An act shall be valid if a majority of the Board Members (defined as a motion receiving more yes votes than no votes) votes in the affirmative.
5. Tie votes, where the President is unwilling or unable to break the tie, shall be deemed to be a no decision.
6. Actions to propose to amend these by-laws shall require ⅔ of the whole board to vote in the affirmative. Members not in attendance shall constitute a no vote.
7. Any board member, outside actions approved by the board, bringing litigation against the association, or its Community Board as a whole or individually, or its contracted third party management firm shall be barred from sitting and/or voting on the Board.
Notice of Meetings Regular meetings of the board may be held without notice.

Article VII. Community Board Authority

Powers.
1. The Community Board shall have all the powers and rights necessary to administer the Association’s affairs and perform the Association’s responsibilities and exercise its rights as set forth in these Bylaws, the Declaration, and the Articles provided that such rights and powers are not inconsistent with the provisions of Maryland state law, and limited by the provisions of the Association's Declaration.
2. In particular, but not limited to, the The Board shall have power to:
  1. Adopt and publish rules and regulations governing:
    1. The use and maintenance of the Common Areas and facilities
    2. The personal conduct of the Members and their guests thereon and to establish penalties for the infraction thereof;
    3. Pertaining to the control and keeping of pets
    4. Pertaining to the maintenance and use of Lots, Homes, and Improvements thereto.
    5. Pertaining to the maintenance or removal of unsafe or unsanitary structures or conditions from the Lots or the Common Area.
  2. Manage, control, and restrict the use of the shared spaces within the community and the conduct of the Association members and their guests by adopting and publishing rules and regulations, and enforcing fines to dissuade any lack of compliance.
  3. Suspend the voting rights and eligibility to stand in Board elections of a Member or anyone to whom the Member's right of use has been delegated during any period in which such Member shall be in default in the payment of any assessment levied by the Association, or for lack of compliance with the Association’s published rules and regulations.
  4. Ensure all Members are up to date with payment of moneys owed to the community.
  5. Ensure that Homeownership transfers are kept up to date and move-in documents provided to settlement teams not less than seven days prior to settlement.
  6. Provide a “Welcome to Bayview” packet to start to create a sense community to new Homeowners. It is, however, the responsibility of buyers' agents to timely request these documents from the Association or its management agent. If a third party property management firm is contracted, the President shall ensure that this communication is functioning and all new homeowners are receiving proper documentation in a timely fashion.
  7. Ensure community common areas are well maintained, trees and foliage are kept in good order, recreational infrastructure is kept clean for member’s enjoyment, and signage is up to date with current civil ordinances.
  8. Ensure that StormWater Management Facilities are kept in compliance with the governing authority of the Federal EPA, Maryland Department of the Environment, Harford County, and City of Havre de Grace regulations at all times.
  9. Ensure the community maintains adequate financial reserves in an interest bearing account separate from its regular operating funds to meet its funding needs.
  10. At least once every Five years review Reserve Studies to ensure the community meets Maryland state HOA code in accordance with Maryland Act on Cooperative Housing Corporations, Condominiums, and Homeowners Associations - Reserve Studies - Statewide ACT 2024. Reserve studies shall be in the custody of the Board and shall be available to Homeowners upon request.
  11. Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of the Articles of Incorporation, these By-Laws, or the Declarations.
  12. The President shall declare the position of an Officer or Director to be vacant in the event such member shall be absent from two consecutive regular meetings of the Board without being excused by the President prior to the scheduled meeting. Acceptance of excused absences shall be at the discretion of the President.
  13. Employ an association manager or such other employees as they deem necessary and to prescribe their duties.
  14. Establish reasonable procedures and fees for the processing of applications for approval submitted to the Board or Architectural Committee pursuant to Article V of the Declaration of Covenants, Conditions and Restrictions, Land Use, Architectural Control and Common Areas
Duties
1. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Members who are entitled to vote.
2. Supervise all officers, agents and employees of this Association and to see that their duties are properly and ethically performed.
3. As more fully provided in the Declaration, to:
  1. Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.
  2. Send written notice by email or by postage paid mail to members who opt out of electronic communication of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period.
  3. Establish, enforce and foreclose the lien against any property for which assessments are not paid within six months after the due date or to bring an action at law against the owner personally obligated to pay the same. Homeowners who are unable to pay their assessment in a timely fashion are required to contact the Board, which will work with the Homeowner to make alternative arrangements that ensure the outstanding settlements or assessments are satisfied without causing undue financial harm to the Homeowner.
  4. Issue or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.
  5. Procure and maintain adequate liability and hazard insurance on property owned by the Association.
  6. Cause the Common Area to be maintained.
  7. All business activities of the association shall be vested in the board. The board may contract with third party vendors to complete any of the tasks not being undertaken by the board as they see fit.
  8. Ensure all community infrastructure is in compliance with all ordinances of the City of Havre de Grace, Harford County, the State of Maryland, and U.S. Federal legislation.

Article VIII. Community Executive

Enumeration of Offices.
1. Executive authority of the community shall be vested in the President, Vice President, Treasurer, and Secretary. They shall be known as the Officers of the Community, and collectively form the “Executive Board of Bayview Estates”.
2. The Officers shall at all times be members of the Community Board along with the Directors.
3. All officers may meet in executive session with minutes kept by the Secretary and reported to the whole board if called by the President at his/her discretion. Officers' meetings may only be called either in person or virtually if time is of the essence and calling a special meeting of the whole board is inconvenient or there is a lack of a quorum of the whole board membership. The officers in executive session may make emergency decisions on any subject other than changes to elections to the board, final approval of the annual budget, or legal matters that require a vote of the whole board including amending any association operating document(s).
Term
1. The President and Vice President shall be elected to terms beginning in Odd numbered years .
2. Treasurer and Secretary shall be elected in even numbered years.
3. Terms shall commence at a date and time specified by these By-Laws for a duration of 24 months.
4. If an officer wishes to remain in office and no other person stands for that position, the officer shall be deemed to have been re-elected to a new term. The President, Treasurer, and Secretary roles must never be vacant, the incumbent shall serve until his or her replacement is installed in office, even if their term expires.
Special Appointments.
1. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may from time to time determine.
2. Officers of the Board may hold a special appointment in addition to their existing role.
Multiple Offices.
1. No person shall simultaneously hold more than one (1) of the Officer positions simultaneously, except in the case of special offices created pursuant to Section 4 of this Article.
2. If a position is vacant and no person is available to fill it, until a vacant office is filled by a new individual; the Board may temporarily appoint any member of the Board to a second position to ensure that position’s duties are carried out in a timely manner.
Duties.
1. Officers shall perform the duties specified in this section of the Bylaws in addition to other duties that may be assigned.
2. In order to adequately execute the duties described by each of the officer positions, a candidate must be willing and able to dedicate an adequate amount of time to fulfill all the duties of each of the positions.
Officer Position Description
1. President of the Community
  1. The President is the Chief Executive Officer of the Community.
  2. He or she shall serve as Chairperson of the Community Board. Establish the agenda and preside at all meetings. He or she may not vote, unless to break a tie.
  3. The President is responsible to ensure all approved motions of the board are executed properly, shall sign all leases, contracts, mortgages, deeds and other written instruments; and shall co-sign all checks and promissory notes.
  4. The President oversees the daily operations of the community, including communication with Homeowners, civil authorities, those contracted to handle property management duties (if applicable), and vendors. The President shall report to the board all business of the association.
  5. The President shall be responsible for working with the treasurer and the property manager (if one is contracted) to create an annual budget.
  6. If the community has a property manager, this executive shall report to the President regularly. If no third party management company has been contracted by the Board, the President shall act as de jure Property Manager for the duration of their tenure in office, until the board contracts with a new third party management company, or the board determines alternative arrangements.
  7. If acting as property manager, the President may not vote on any motion by the board made with reference to his/her actions as property manager, even in the event of a tie.
2. Vice President of the Community (VP)
  1. The VP shall be the deputy CEO of the community
  2. He or She shall assist the president in the conduct of his or her duties.
  3. The VP shall serve as Chairperson of the Compliance Committee.
  4. If the President is unwell or unavailable, he or she shall empower the VP to exercise his or her duties if time is of the essence for a period of time not to exceed 20 days, including presiding at meetings and fulfilling all other duties of the office President, excluding proposing the removal of Officers or Directors, amending the By-Laws or Rules & Regulations, or entering into new contractual relationships with third party management companies. If the President’s inability to serve is greater than 20 days, the board may name the Vice President acting President with full powers to serve until the President is able to resume their role or he or she resigns or is removed from the office of the President for whatever reason.
  5. If the office of President is vacant for any reason, the VP shall automatically become President, as though elected by the Homeowners, for the remainder of the President’s term. If the VP becomes President, the Board may appoint a new VP from its membership or from the homeowners.
3. Community Board Secretary
  1. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members
  2. He or she shall keep the corporate seal of the Association and affix it to all papers requiring said seal
  3. Serve notice of meetings of the Board and of the Members, ensure that the Association’s documents are current and accurate, keep appropriate current records showing the Members of the Association together with their addresses, and perform such other duties as required by the Board.
  4. The secretary shall ensure the records are kept in good order or shall designate an entity contracted by the Board to hold temporarily for a set period of time the seal of the Association.
4. Treasurer of the Community
  1. He or she shall be the Chief Financial Officer of the Community.
  2. The Treasurer, along with the President, shall maintain fiduciary responsibility for the community’s funds at all times. The Treasurer may delegate a portion of their responsibilities to a contracted third party financial management agent for a stated period of time. This contractual relationship shall not absolve the Treasurer and President of their fiduciary responsibility to the stewardship of the community’s funds, which shall remain at all times in their custody.
  3. The Treasurer shall ensure that all monies are accounted for and shall report to the Board within five days should any discrepancy be found. The Treasurer, or a contracted financial management agent under their supervision manages disbursing and receiving funds on behalf of the Association.
  4. The Treasurer and President shall co-sign all checks and approve all electronic payments made with association funds, or approve a trusted third party contractor to do so under their supervision.
  5. The Treasurer shall not delegate to anyone else the conduct of a monthly proof of accounts using financial records of monies received and paid out of association bank accounts and shall have custody of all monthly bank statements and financial records of transactions from which the Treasurer shall create a monthly financial report to the Members of the community for each fiscal year and sent to all Homeowners no less than ten days prior to each annual meeting.
  6. The Treasurer shall conduct a monthly proof of accounts using financial records of monies received and paid out of association bank accounts and shall have custody of all monthly bank statements and financial records of transactions.
  7. The Treasurer shall create a monthly financial report to the board, sent to each member no less than three business days prior to each regular meeting of the board. An annual financial narrative, written in understandable language, shall be generated to report to the members of the community for each fiscal year and sent to all homeowners no less than ten days prior to each annual meeting.
  8. The Treasurer shall keep the President apprised with the current financial affairs of the association through regular communication. The Treasurer shall be responsible for ensuring that any concerns or issues that arise are brought to the President’s attention immediately and the whole board on a monthly basis.
  9. The Treasurer and no one else has the responsibility of preparing the annual income and expenditure statements.
  10. The Treasurer shall ensure an annual audit of all the associations accounts is conducted by a licensed third party auditor approved for the task by an affirmative vote of the board. The Treasurer is unable to conclude the business of the previous year until the audit report is received and accepted by the Board.
  11. The Treasurer shall work with the president and the property manager (if one is contracted) to create the Association’s annual budget.
  12. If the office of Treasurer is vacant, and no person is available to fill it, the Board shall act within 7 days to make other arrangements, including appointing another member of the board to this position in addition to his or her existing office or putting the duties of the Treasurer into committee of the whole Board. If the Treasurer of the community position is in committee, the President shall be empowered to act for the Community, under the supervision of the board as a whole.

Article IX. Indemnification of members of Board

Each officer and Director of the Association, in consideration of his or her services as such, shall be indemnified by the Association to the extent permitted by law against expenses and liabilities reasonably incurred by him/her in connection with the defense of any action, suit or proceeding, civil or criminal, to which he may be a party by reason of being or having been a Director or officer of the Association. The foregoing right of indemnification shall not be exclusive of any other rights to which the Director or officer may be entitled by law or agreement or vote of the Members or otherwise.

Article X. Committees

Compliance Committee
1. The Vice President shall be Chairperson of this committee, in addition, the Board shall appoint members of a Compliance Committee consisting of no more than three members of the board and up to an equal number of homeowners from the community, as provided by the Declaration.
2. The President may not sit on this Committee nor serve as its chair.
3. The Compliance Committee shall be charged with conducting regular reviews of the homes in the community. Any violations of the community’s rules shall be communicated to the Homeowner and a copy sent to the Board.
4. The Compliance Committee shall make a regular report to the Board on its activities.
5. Any fines arising from identified violations will be set by the Board acting on the recommendation of the Compliance Committee.
6. The Compliance Committee shall respond to requests from Homeowners to make changes to the exterior of their homes, review the application, and present their findings to the Board for consideration and a determination.
7. The Board shall ensure that this Committee and activities conform to the community’s rules and guidelines as established in its Declarations and the laws of the state of Maryland.
8. The Board may remove or replace any member of the Committee if that person is found to be acting against the best interests of the community as a whole or its Homeowners.
The Board shall appoint such other committees as are deemed appropriate to carry out the purposes of the Association.

Article XI. Community Records

The books, records and papers of the Association, at all times during regular business hours, and upon reasonable notice, shall be subject to inspection by any Member. The Declarations, the Articles of Incorporation, and the By-Laws of the Association shall be available to such Members at the principal office of the Association, where copies also may be purchased at a reasonable cost.

Article XII. Assessments

Community Authority to Assess Members
1. If required by unforeseen circumstances, the Board shall have the authority to create and bill a special assessment to complete necessary capital expenditures on the storm water ponds to meet the standards of local, county, state, and federal laws.
2. The Board shall not have special classes of Homeowners in regard to assessments and all payment options shall be available to all Homeowners.
3. The Board is barred from waiving, but may adjust, regular and special assessments.
Homeowner Duties
1. As more fully provided in the Declaration, each Member is obligated to pay to the Association’s annual and special assessments as determined by the Board through its annual approved budget.
2. Homeowners are required to pay special assessments under the same terms as the regular annual assessment.
Collection of Assessments
1. No Homeowner may escape liability for any assessments as determined by the Board for any reason while the property is owned by said person.
2. If Homeowners are unable to pay their regular annual or special assessments, the Board shall have a duty of care to ensure that the Homeowner is given reasonable payment options that they can afford.
3. If attempts at accommodation fail to result in the collection of assessment funds owed, the Board shall have the option to charge a reasonable interest on the balance owed as set by the Board annually.
4. If a Homeowner is found to be in arrears for greater than six months, the Board may avail themselves of the remedies provided under Maryland Code for HOA’s up to and including placing a lien on the Homeowner’s property.
5. All unpaid assessments, interest incurred, reasonable attorney’s fees, and costs associated with collection of the arrears shall be added to the Homeowner’s account.
6. The Board shall have the authority to negotiate a settlement of the funds owed in the interest of settling Homeowner accounts and raising needed funds for the community’s ongoing expenses.

Article XIII. Corporate Seal

The Association shall have a seal in circular form having within its circumference the name of the Association and the year of its incorporation.

Article XIV. Amendments

These By-Laws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person.
In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declarations and these By-Laws, the Declarations shall control.

Article XV. Fiscal Year

The Budgetary fiscal year of the Association shall begin on the first (1st) day of January and end on the thirty-first (31st) day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

Article XVI. Implementation of Revision of By-Laws

The Board shall be empowered to implement all revisions to the by-laws at their discretion. Determining the make-up of the Directors’ staggered first terms, and publishing all changes shall be made by act of the Board. Interpretation of all articles of these by-laws shall be made by the Board and placed in the minutes of its meetings to be recorded.

Article XVII. Certification

I, Christopher R Ward, the duly elected President of the Bayview Homeowners Association, Inc., a Maryland corporation, the undersigned, and co-signed by Cindy Irizarry, the Board Secretary, do hereby certify the foregoing By-Laws constitute the only lawful and actionable By-Laws of said Association as duly adopted by a majority of those present and voting at a lawfully constituted meeting of the members thereof on the Thirty-first day of May Two thousand and Twenty-five. These By-Laws enter into force and effect upon the President placing his signature and countersigned by the Secretary placing her signature on this document, superseding and voiding all previous By-Laws. A copy of this document shall be submitted for recordation with the Harford County Clerk of the Court, Bel Air Maryland.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this last day of May 2025 at Havre de Grace Police Center, 715 Pennington Avenue Havre de Grace Maryland 21078.

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Christopher R. Ward, Community President Cindy Irizarry, Board Secretary