As stated herein, the terms used are:

• "approval" means written approval by the Community Board 

• “Board” is the short form for “the Bayview Estates Community Board”, its Board of Directors

• “CCR’s” anagram of the initials of the Community’s Declaration of Covenants, Conditions, and Restrictions

• “Member” & “Homeowner” are the individuals who are listed on the deed of the properties contained in the community.

• “Lot” is the property and its dwelling as outlined in the Community’s plate map.

 

Homeowners are encouraged to submit a request to the President for guidance on any of the listed Rules herein if he or she is unsure of how they affect their individual property.  All items related to the Homeowners’ dwellings are permitted unless specifically banned by these Rules & Regulations, the Declaration of CCR’s, or individual action of the Board.  Improvements and alterations requiring a Permit from the local authority must be received prior to submitting a request for approval from the Board. 

1. Animals: 

   1. The keeping of outside runs, cages, or animal housing is prohibited anywhere in the community.

   2. Homeowners may not keep livestock on the lot or dwelling.

   3. Pets may not be kept or bred for commercial purposes.

   4. Pets outside the dwelling must be kept in the rear of the lot or on a leash at all times.

   5. No pet may cause a disturbance.

   6. Homeowners may keep no more than 2 pets with access to the exterior of the dwelling.

   7. Homeowners must clean up all waste on their lot or in the common areas.

   8. Reference the CCR’s Article VI Section 4.

2. Decks

   1. All decks require approval and all submissions will conform to the requirements of the Declaration of CCR’s. 

   2. All decks, rails, and enclosures must be constructed of pressure treated lumber or another appropriate wood or PVC composite plastic.

   3. Decks may be enclosed from ground level to the bottom of the deck with CCA/Pressure treated lattice or other material as approved.

   4. Decks may be stained only with approval; only preservatives of a neutral color will be approved.

   5. If a clear, uncolored preservative is used, approval is not required.

   6. Any modification of the deck from its originally approved plan requires proper submission for and receipt of written approval. 

3. Temporary Window Units

   1. Homeowners shall not have window air conditioners or fans that protrude beyond the frame of the window. 

   2.  No air conditioners or fans may be in any window that is visible from the street in front of the dwelling.

   3. Free standing AC units that vent through a narrow insert in the window do not require approval.

4. Garden Border

   1. All garden borders require approval subject to proper submission.

   2. No border over 8 inches tall, made of plastic or wire, will be allowed

   3. Retaining walls are not considered “borders”, but require proper approval prior to construction.

5. Lawn Ornaments-All lawn ornaments exceeding 18 inches in height or quantities thereof exceeding 6 require approval subject to proper submittal. 

6. Plantings- Shrubs, flowers, trees, and bedding/gardens

   1. Trees and shrubs whose mature height will exceed 4 feet require approval and shall not be planted within 5 feet of the property line.

   2. Vegetable gardens must be restricted to the rear of the house and within the rear corner lines of the house.

   3. Plantings may not exceed 25% of the area of the front or rear yard unless prior approval is received.

   4. Homeowners may plant within 4 feet of their foundation without prior approval.

   5. No invasive species plantings, such as Weeping Willows, are permitted on any lot.

   6. All plantings falling outside these parameters must be submitted for approval.

   7. All flower beds and gardens must be neatly  maintained at all times.

   8. Plants, trees, and shrubs must be cut back to not impede or overhang the sidewalk.

   9. Perimeter/screening plantings exceeding 4 feet will only be permitted within rear yards and require approval before planting.

   10. All dead or dying plantings and trees must be removed, including the stumps.

7. Lighting

   1. All permanent exterior lighting, other than that which was with the home at the original settlement, requires approval.

   2. No Lights of any type that illuminate an area exceeding the Lot on which they are installed will be permitted.

8.  Recreational Equipment

   1. All permanent equipment on any lot requires approval, including playground installations, basketball hoops, sandboxes, jungle climbing gyms, gym equipment.

   2. Equipment must be commercially manufactured and maintained within the rear of the lot meeting civil ordinance setbacks from the property lines.

   3. Sandboxes must have a well fitting lid when not in use.

   4. The Board may consider exceptions for site lines and other lot specific topics.

   5. All equipment must be well maintained and removed completely when no longer in use or needed. 

9. House Exteriors

   1. All color changes in exterior painting or changes to trim or siding must be approved.

   2. House colors should normally be kept the same as they were at the completion of original construction.  If a homeowner wishes to change the color of his or her dwelling, only colors listed on the Colonial Williamsburg color wheel will be considered for approval.

   3. Any exterior painting required for general upkeep, including trim, doors, and shutters not involving a color change do not require approval.

   4. Proper maintenance of the exterior of dwellings is required.

   5. All home’s exterior covering, including siding, brick, and stone must be cleaned and no mold or mildew allowed to grow on any side of the exterior.

10. Patios

    1. All patios require approval

    2. The width of all patios may not exceed the sides of the dwelling.

    3. Patios should be constructed of stone, cement, brick, or lumber/plastic composite materials.

11. Fences

    1. All fences require approval per Article V of the CCR’s.

    2. Fences may be built in the rear yard only.

    3. Fences may be of a neutral color, white, or a light colored stain.

    4. Composite fences must be either white or neutral in color.

    5. Metal or Wrought Iron fences must be kept in their natural metallic color.

    6. No fencing is permitted on the front or side yards of any dwelling and must meet the dwelling on the rear corners of the structure.

    7. Fences must be built “dress” side facing out.

    8. All fencing must be no higher than 4 feet in height. 

    9. See Appendix D for approved styles of fences.

    10. Fencing must be well maintained at all times.
         

12. Roofing

    1. Roofing repair or replacement of the same color as the previous roof do not require approval.

    2. Changes to the color of roofing material requires approval.
        

13. Utility Buildings and Sheds

    1. Sheds are permitted of the same color (or as close as possible) as the primary dwelling.

    2. Sheds may be either free standing or attached to the primary dwelling.

    3. Sheds should be of a dimension of no greater than 12 feet on its longest side.

    4. All sheds must be approved.
        

14. Storm doors

    1. Permitted without approval subject to using commercially manufactured doors whose color is consistent with existing house or trim color.

    2. All storm doors must be well maintained and in good repair at all times.
        

15. Antennas

    1. “Article VI, Section 8 of the CCR’s, no outside TV or radio aerial or antenna for reception or transmission shall be maintained upon any lot” has been repealed due to Federal Communications Commission regulation.  Satellite Dishes are permitted. 

    2. Radio transmitter towers are not permitted.

    3. All reception devices require Board approval prior to installation.

    4. Reception devices no longer in use must be removed by the homeowner at the discontinuation of the service.
        

16. Clothes lines

    1. Permanent clothes drying lines fixed to the dwelling or a post are not permitted.

    2. Retractable or collapsable clothes lines may be used on the exterior of a lot in the rear of the dwelling only and must be collapsed or retracted when not in use.
        

17. Window covering

    1. There must be appropriate window coverings on all windows visible from the street in front of the house.

    2. Bed sheets, newspapers, and similar coverings may not be hung or placed in any dwelling’s windows on any lot.
        

18. Holiday lighting

    1. Lighting must be placed on the dwelling, in the plantings, or on the lawn not within 4 feet of the property line.

    2. Lighting must be removed 30 days after the date of the holiday.
        

19. Trash and Recycling containers

    1. All trash and recycling containers must be maintained in a clean condition at all times.

    2. Trash containers may be put out for pick up in a place that does not impede the flow of foot traffic on the sidewalks no earlier than noon the day before they are due to be picked up and taken back to the normal location no later than the end of the day on which the trash was picked up. 

    3. Trash and recycling containers should be kept in the garage or a location that is not visible from the street.

    4. Homeowners may install a privacy screen, solid fence, or trash storage cabinet to shield the location of their trash cans that is no taller than 4 feet high with prior approval.
        

20. Awnings & Fiberglass panels 

    1. Awnings of any variety over windows are prohibited.

    2. Awnings over deck are permitted with prior approval. 

    3. Fiberglass installations of any kind are prohibited.
        

21. Storage containers/pods

    1. All storage containers or pods employed by the homeowner must be kept on the dwelling’s driveway at all times.  

    2. No containers or pods may be in the street or on the non-paved portion of the lot at any time.

    3. Storage containers and pods may be present on the driveway and require prior approval.  
        

22. Vehicles

    1. Only tagged vehicles with proper registration and insurance are permitted in the community.

    2. Vehicles of more than 1 ton are not permitted.

    3. Motorcycles and ATVs must be stored in either the garage or out of sight of the street in front of the dwelling.

    4. Homeowners who have employed a large truck or tractor trailer for the purpose of moving their belongings are responsible for that vehicle while it is present in the community.  Moving vehicles must not block the public access to sidewalks or streets for an extended period of time.

    5. Major vehicle  repairs and restoration projects are prohibited on the exterior of the lot at any time. Vehicles which are not in a working condition may not be stored on the exterior of the dwelling at any time. 
        

23. Trailers, boats, and campers

    1. Trailers are permitted to be parked in the driveway of the dwelling for no longer than 14 days.

    2.   Homeowners who own trailers must store them out of sight of any other lot.

    3. RV’s, 5th wheels, boats, and camper trailers are permitted for no longer than 14 days.
        

24. Removal of Vehicles

    1. Any vehicle parked in other than designated parking areas or driveways or otherwise in violation of the CCR’s is subject to removal by the Board at the owner’s risk and expense. 

    2. Homeowners should contact the President if a vehicle has been removed to receive contact information for the towing company that completed the removal. 

    3. All vehicles of guests of homeowners are the responsibility of the hosting homeowner.

    4. Personal vehicles that are untagged/not registered along with  Boats on trailers,storage containers/pods,  campers, RV’s, and campers that are found to be in violation of these rules will result in the homeowner receiving a notice to remove them.  If the homeowner fails to comply with the notice to remove, the violating item will be removed by the Board at the owner’s risk and expense and the homeowner will be assessed a fine for the violation of these rules.

    5. These Rules and Regulations are deemed to be prior notice of removal of vehicles in violation of these rules.
        

25. Arbors

    1. Arbors require approval prior to installation.

    2. They are prohibited in the front yard of the lot.
        

26. Swimming pools, hot tubs, and spas

    1. All swimming pools, hot tubs, and spas require approval.

    2. Above ground pools that comply with all community rules found in appendix B are permitted with approval.

    3. All listed  installations must be installed in the rear of the dwelling.

    4. Pools, hot tubs, and spas must be maintained in working order at all times.

    5. An approved fence must be installed enclosing all pools.

    6. All above ground pools, hot tubs, and spas must be secured at all times by a cover, gate, or other approved barrier to ensure safety.
        

27. Mailboxes

    1. Only US Postal Service approved mailboxes are permitted.

    2. Only mailboxes of a  neutral color in wood, pvc, plastic, metal, or composite material are permitted.

    3. Posts must be made of wood, pvc, or composite.  Metal posts are not permitted.

    4. Mailboxes must be maintained.

    5. All replacement mailboxes must be approved.
        

28. Community safety

    1. Handguns, rifles, shot guns, pellet guns, BB guns, bows and arrows, and other equipment that launches a projectile may not be fired anywhere in the community.

    2. Fireworks may not be set off anywhere in the community.

    3. Feral cats, dogs, foxes, deer, and other animals may not be fed by the homeowners, nor can they be hunted on community property.

    4. Feral animals that are found to have caused damage or create a nuance should be reported to the Harford County Animal Control agency.

    5.  The Community park may be used between the hours of  sunrise and sunset.

    6. Homeowners must monitor their children when using the playground equipment at all times.

    7.  No rubbish may be left on any community property at any time and homeowner’s pets’ waste must be removed at the time it is made.

    8. The common areas, including the ponds and community park must be maintained by all homeowners.  Rubbish must be deposited in proper receptacles only.
        

29. Collections 

I. Collection Procedures when the President is acting as Property Manager 

1. The President is responsible for ensuring all policies set by the Board are carried out. He or she will be responsible for maintaining accurate records of all homeowners’ accounts with the community. The Board shall ensure that all actions taken in furtherance of collections shall conform with the Maryland Fair Debt Collection Act.

2. The Board will determine the timing for collection from those homeowners who are found to be delinquent in their assessments and other money owed to the community.

3. The Board may empower an attorney to represent the community in all collections actions.

4. The Board will vote at the December meeting each year a rate for fines and interest to be assessed to homeowners who are in arrears.

5. Attempts to collect:

   1. An email will be sent by the President to all homeowners outlining the amount of the annual assessment and due dates for payment.

   2. An email will be sent to each homeowner who has not paid their money owed to the community by the due stating that if their balance is not paid within 30 days, a late fee and other fines or interest will be assessed.

   3. If the homeowner fails to comply, a registered letter will be sent to each homeowner at their own expense added to their balance by the date stated in the first demand letter.

   4. Once a demand letter is sent to a Homeowner, payment must be made in the form of a direct payment on the Community’s online service portal or by certified funds.

   5. Homeowners who refuse to comply after all attempts are made to address their unpaid balance, the Board will file in Maryland District Court a civil action to collect the debt.  All court costs will be assessed to the homeowner’s account, the Board may employ an attorney to handle legal collection actions at the homeowner’s expense.

   6. A notice of Intention to Create a Lien also may be employed for all homeowners who have failed to clear their debt. This action would place a Lien on the title to the assets owned by the Homeowner.  The attorney must notify the Homeowner at least 30 days prior to any notice of intent to create a lien being filed in Maryland Circuit Court.

   7. If all funds are not paid within 90 days of a Lien being granted, the Board will determine the procedure and timing of filing a notice to foreclose on the said Lien.  

6. All monies owed will be credited in the following order:

   1. Attorney’s fees and court costs if applicable

   2. Costs of Collection 

   3. Fees, fines, and interest assessed by the Board

   4. The oldest unpaid balance first through the most recent.

7. Homeowner’s Rights

   1. The Homeowner has the right to review their account upon demand.

   2. If the homeowner is not in a position to pay their assessment in full, a good faith payment toward their balance must be paid within the stated time to pay.

   3. The President may meet with the Homeowner at their request to create a repayment plan that will be signed by both the President and the homeowner.  If the homeowner complies with all the terms of the repayment plan, the Board will consider the Homeowner to be in good standing.

   4. The Board, at its discretion,  will make a good faith effort to ensure that all Homeowners have an opportunity to remain in good standing.  

8. Foreclosure of Lien

   1. If full payment is not received from the delinquent homeowner within 30 days of establishment of the Lien, the Board or its attorney will file a Petition to Foreclose on the Lien or file a complaint in the District Court of Maryland and then transmit it to the Circuit Court for execution. 

   2. If a trial is necessary, the President will attend all court hearings. 

 

II. Collection Procedures when a Third Party Management Company is Contracted

​

1. At the direction of the President, the management company will prepare and send to the attorney, in writing, a list of all delinquencies.

​

2. Upon receipt of such a list, the attorney will send by certified mail, restricted delivery, a demand letter and Notice of Intention to Create Lien to all owners who are delinquent. The letter will demand payment within 15 days of all past due assessments and facility charges, late charges, costs of collection (which include costs incurred by a law firm for photocopying, postage, messenger service, court costs, etc.) and a collection fee of not less than  $150.00. The letter will also advise the owner that if an attorney is required to handle the account after the letter is sent, the owner will be responsible for attorney's fees for the time expended by the attorney. In the event the amount claimed is not paid within 15 days, the owner will also be responsible for payment of a title search fee of not less than $75.00 and any attorneys' fees incurred since the date of the letter. The Notice of Intention to Create Lien advises the owner of the intent to record a lien against the property and of his/her legal right to contest the amount claimed in a show cause complaint filed in the Circuit Court for Harford County ("Circuit Court''). If the delinquent owner fails to accept the initial demand letter, the attorney will cause the Notice to be a. Mailed to the delinquent owner's last known address; and b. Posted in a conspicuous manner on the delinquent owner's property by the Association, in the presence of a competent witness.
 

3. The Notice of Intention to Create Lien also will advise the delinquent owner that they have 30 days from the date of service of the Notice to file a complaint in the Circuit Court to determine whether probable cause exists for the establishment of a lien. If the owner fails to file a complaint within the 30-day period, a Statement of Association Lien, previously prepared by the attorney, will be sent to the President and the management company at the expiration of the 30-day period for execution. Notice of intention to foreclose will also be sent to the holders of all mortgages upon the property. The Statement of Association Lien will claim all assessments and facility charges, and other charges permitted by law, together with reasonable attorneys' fees.
 

4. Payment tendered to the attorney or the management company will not be accepted unless it is by certified check, cashier's check, or money order, payable to the law firm and constitutes payment in full of all amounts claimed in the attorney's letter. The management company will forward all payments to the attorney. Personal checks tendered to the attorney will not be accepted and will be returned to the owner. Any payments tendered to the Association after the delinquent owner's account has been referred to the attorney, which do not constitute payment in full will

​

a. Be returned to the delinquent owner, or

b. Be credited to the outstanding balance due and will be applied first to the attorney's fees and costs of collection and then to the oldest delinquent assessments and facility charges. Any such acceptance shall not be considered a waiver of all other amounts due and shall not be construed as a payment for satisfaction of delinquent assessments, late charges, interest, costs of collection, and attorney’s fees due; and such assessments and facility charges, late charges, interest, costs. and attorney fees shall continue to accrue until paid in full.

5. If the owner files a complaint in the Circuit Court to determine whether probable cause exists for the establishment of a lien, the attorney will advise the President and the management company of the filing and any hearing date established by the Circuit Court, and take any and all legal action necessary to establish the lien. If a Court hearing is required, the President and/or the management company will be requested to testify on behalf of the Association as to the legitimacy of all amounts claimed in the Notice of Intention to Create Lien.

The Attorney will request the Circuit Court to assess al/ legal expenses against the owner for all attorneys' fees and costs incurred in establishing the lien.

6. If the Circuit Court determines that probable cause exists for the establishment of the lien, the attorney will prepare the lien according to Paragraph 3 above. If the Circuit Court determines that probable cause does not exist for the establishment of the lien, the attorney will advise the President of the Court's decision and recommend what further action, if any, should be taken against the owner.

7. If no payment is received from the owner within 30 days after the date of establishment of the lien, the attorney will prepare a Petition to Foreclose on the lien or file a Complaint in the District Court of Maryland and transmit it to the management company for execution and filing in the Circuit Court or District Court. If trial in District Court is necessary, the President and a representative from the management company will be requested to testify on behalf of the Association as to the legitimacy of all amounts claimed.

8. Full payment will be accepted from the delinquent owner at any time until the auction of the property under foreclosure, and such payment shall include all assessments, late charges, accrued interest, attorneys' fees, costs of collection, and auction costs incurred. Only payments by certified check, cashier's check, or money order will be accepted. Personal checks tendered to the attorney will not be accepted and will be returned to the owner.

9. The attorney will keep a full accounting of all fees and expenses paid by it and will request the same of the management company.

10. It is the intention of the attorney that the least cumbersome, most effective method of collection will be used at all times.

11. To facilitate the collection of delinquent assessments and facility charges, the management company will advise the attorney of any and all information pertaining to the owner, including place of employment and bank account information, if known. This information is requested to provide the attorney with the alternative of filing suit in the District Court of Maryland to obtain judgment as opposed to instituting foreclosure.

12. Should the President agree to any payment arrangement with the owner, the attorney will cease activity on the collection matter at the time the payment agreement is accepted by the owner and a copy of the plan is received by the attorney; the attorney will not close the matter until the payment arrangement is completed If the attorney administers the payments under a payment agreement, the owner will be responsible for the fee set by the collection attorney for each installment. No one may enter into a payment agreement unless the President provides written authority to do so.

13. This procedure will be reviewed at least annually by the Community Board in consultation with the attorney and the management company to assure that the procedure is effective.

30)  Above Ground Swimming Pool Standards

Above Ground Swimming Pools will be permitted in Bayview Estates providing the homeowner obtains prior approval from the Architectural Review Committee (ARC) or Board of Directors, and other agencies that require permits and further complies with the standards of appearance and maintenance outlined herein.

Approval for installation of a commercially manufactured above ground pool may be obtained by submitting a request to the ARC with a plan depicting the type installation desired (including the manufacturer's brochure depicting a picture of the pool and its specifications) along with a plat of the homeowner's property showing the proposed location of the pool in reference to property boundaries and house location (other requirements, as well as fence and deck installation approval is described below). After obtaining approval from the ARC, the homeowner must apply for a permit from the City of Havre de Grace. When a permit is received from the city the electrical contractor must obtain a permit from Harford County.

Size of Pool: Above ground pools shall not be less than 48 inches in depth and have a volume of not less than 1025 cu.ft./6600 gal.

Site placement: Above ground pools will be installed in rear yards on a flat and level surface as prescribed by code (at least 6 feet from property sideline and 15 feet from rear property line).

Landscaping/Camouflage: Landscaping desired by the homeowner shall be a part of the plan submitted. To enhance the aesthetics of the installation, pumps, filters and other mechanical and electrical equipment shall be enclosed by an appropriate screening enclosure. Such enclosure, designed by the homeowner and subject to ARC approval, shall be part of the plan submitted.

Surround Decking: If the homeowner selects an above ground pool that incorporates a surround decking, or desires surround decking at the time of pool installation, such decking shall be a part of the plan submitted. Later installation of surround decking will require separate approval by the ARC, as well as a separate permit from the city of Havre de Grace. Any surround decking will, because of height, require safety railing.

Pool Covers: Any appropriate pool cover (one sold as such by a pool merchandiser) may be used, as well as solar covers. Pool covers are required when the pool is rendered inoperable during the winter months.

Electrical Installation: The size of pool specified in this appendix requires electrical installation by a licensed electrician holding an approved Harford County permit. Homeowner's plan submission will specify the electrical contractor selected to perform the installation.

Fencing: The depth of the pools permitted by this appendix dictate that the homeowner enclose the pool area/rear yard with a 4-foot fence with self-closing, self latching gates which conform to local municipal code. The homeowner shall submit a separate plan for fencing for approval by the ARC, and obtain necessary permits from the City of Havre de Grace.

 

Pool Draining: Follow MDE guidelines. Once pools are filled they shall not be drained onto the homeowners property, into the street or storm drain or into the waste water treatment system. If it is necessary to drain a pool for maintenance or dismantling, the water must be pumped into a transport vehicle for disposal at an approved off-site location.

Filter Cleaning: If it is necessary to clean the pool filter by backwashing, backwash water will not be discharged onto the ground or into the storm water drain system. It must be discharged into the waste water system by being directed through a cleanout fitting in the home system.

Unused/Abandoned Pools: Pools will not be allowed to lapse into a state of nonuse. Such a state is evidenced by torn or frayed liner or cover, lack of cover during winter months, remaining covered during summer months, stagnant water, algae on pool walls, broken/inoperative machinery, damaged, rusty exterior pool wall, empty pool or one clogged with leaves/debris.

Inoperative pools will be dismantled/removed by the homeowner. (A pool that is idled/covered for winter storage is not considered unused) Owners of unused/abandoned pools will be notified in writing.

31) Enforcement Policy

Article XII, General Provisions, from the Declaration of Covenants, Conditions, and Restrictions of Bayview Estates Homeowners Association, Inc. States: Section 1. Enforcement.

"The association or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. "

The Community Board of Bayview Estates Homeowners Association, Inc., expects that all members will comply with the architectural standards outlined in the Covenants and in the Rules and Regulations. However, the occasion may arise when it will be necessary to call a homeowner's attention to a violation and take such action as required to ensure compliance.

​

The following steps outline the Enforcement Policy that is used for architectural violations.

1. Compliance Process 

   1. Inspection

      1. Periodic inspections by the Board’s Compliance Committee will be conducted throughout the community to identify potential violations. 

      2. These inspections may be scheduled or random.

   2. Notification of Violations by Community Members

      1. In addition to the inspections conducted by the Community Board, homeowners may notify the Board of any observed violations of the Covenants, Rules, and Regulations. 

      2. Complaints can be submitted to the Compliance Committee of the Board through email, and the Committee will review these notifications to determine if a violation exists.

   3. Violation Notification

      1. When a violation is identified, the homeowner will be notified by the Board via letter or email.

      2. The notice will include:

         1. A description of the violation(s).

         2. Reference to the specific Covenant, Rule, or Regulation violated.

         3. A reasonable deadline for correcting the violation.

         4. Contact information for the HOA if the homeowner has questions or concerns.

   4.  Correction Period-   Homeowners will be given a reasonable time frame to correct the violation. 

   5. Follow-up Inspection- After the deadline for compliance, a follow-up inspection will be conducted. If the violation has not been addressed, further steps will be taken.
       

2. Steps for Enforcement of Compliance

   1. Notice of Violation

      1. Homeowners will be notified by a notice (written letter or email) informing them of the violation and requesting corrective action. 

      2. This notice will include a timeline for addressing the issue. 

      3. The homeowner should respond to this notice within 15 days if they have questions or concerns. Homeowners shall have a right to a hearing by the Board at which they shall have a right to present evidence and make a request for  the Board to review the facts as presented. All hearings requested by homeowners shall be held at the next regularly scheduled meeting of the Board.
          

   2. Second Notice of Violation

      1. If there has been no communication from the homeowner within 15 days and noncompliance continues, a final notice may be sent via certified mail, at the homeowner’s expense, demanding compliance. It will state that upon a third notification of noncompliance a fine of $50.00 will be assessed.
          

      2. The homeowner will be given a final opportunity to address the violation at a hearing during the regularly scheduled meeting of the Board before any financial penalties are assessed.
          

   3. Third Notice of Violation

      1.  If no attempt to come into compliance has occurred, the homeowner will receive notification via a letter or email that a $50.00 fine has been levied.

      2. Violations of any rule or regulation beyond the third violation will be subject to a $100.00 fine per violation. The board may proceed with legal action to enforce compliance. 

      3. The homeowner will be responsible to reimburse the Association for its attorney’s fees and costs to enforce compliance.
          

3. Legal Action and Liens

   1. If the violation is not corrected, and fines remain unpaid after 60 days, the Board reserves the right to pursue legal action and/or place a lien on the homeowner’s property to recover fines, penalties, and any legal costs incurred.
       

4. Types of Violations (but not limited to):

   1. Property maintenance issues (e.g., unkempt lawns, peeling paint, trash or debris in the yard, dilapidated fences).

   2. Unauthorized alterations to the property or structure (e.g., fences, sheds, or exterior color changes).

   3. Parking violations (e.g., boats, trailers, RVs).

   4. Unauthorized storage (e.g. storage pods, dumpsters, firewood, trash containers)
       

5. Exemptions and Extensions

   1.  Seasonal Conditions- For violations that may be related to seasonal conditions (e.g., snow removal, landscaping), the Board will allow flexibility, especially during the winter months when certain corrective actions may not be feasible.

   2. Requests for Extensions- Homeowners may request the President issue an extension of time needed to comply with the rule listed on the violation. Extensions are considered on a case-by-case basis.

   3. Extensions may be granted for reasons such as inclement weather, financial hardship, or other extenuating circumstances at the President’s discretion.

   4.  Hardship Considerations- The Board will take into account any personal or financial hardship faced by homeowners. If a homeowner cannot address a violation due to financial or personal circumstances, they may request a hardship review from the Board.
       

6. Appeal Process

   1. If a homeowner disagrees with the violation notice or the fine imposed, they may appeal the decision by submitting a request via email to the President for a hearing by the Community Board at its next regularly scheduled meeting. 

   2. All fines and legal action related to the violation will be stayed until a final determination is made by the Board or all appeals are exhausted.  

   3. The request must include a detailed explanation with evidence of why the homeowner believes the violation does not apply or why the fine should not be imposed. 

   4. The Board will review the appeal and schedule a hearing if needed, at which the homeowner may present their case. 

   5. The Board will notify the homeowner of the final decision in writing. Once a final decision is made, all actions to enforce compliance will be enforced. 

   6. Once a final determination is made by the Board, members have a right to appeal all actions of the Board to the Maryland Circuit Court for Harford County or request binding arbitration through the Maryland Uniform Arbitration Act (MUAA).​