Policy Resolution 89-1

COMMON GROUNDS ALTERATION AND IMPROVEMENT POLICY

POLICY RESOLUTION NO. 89-1

COMMON GROUNDS ALTERATION AND IMPROVEMENT POLICY

WHEREAS, the Declaration of Covenants (“Covenants”) assigns to the Association the powers and duties of maintaining and administering the open spaces for the purpose of preserving values; and

WHEREAS, Article VII of the Covenants establishes an Architectural and Environmental Review Committee for the purpose of reviewing and considering of written proposals for alterations or improvements to the Property; and

WHEREAS there is a need to establish and maintain orderly procedures for the alteration or improvement of the common grounds, as distinguished from the private property of individual homeowners;

NOW, THEREFORE, BE IT RESOLVED THAT the following common grounds alterations policy will be adopted, effective September 1, 1989:

1.  Any alteration(s) made to the common grounds within the boundaries of the Waters Landing Association must be submitted in writing to the Architectural and Environmental Review Committee (AERC) by the Common Grounds Committee, Neighborhood Advisory Council (NAC) or the General Manager, as appropriate.

2.  Alterations made to the Common Ground without prior, written approval by the AERC may be removed by resolution of the AERC, in accordance with the provisions of Article VII, Section 14-Enforcement-Right to Correct Violations, and at the expense of the party(s) making such alterations.

3.  Parties making alterations to the common grounds do so with the understanding that individual homeowners will have no personal claim of private ownership of the materials or the property upon which the improvements are made; all improvements become property of the Association; and may be removed, replaced or otherwise modified as the AERC or Board of Directors may determine to be in the best interests of the neighborhood and/or Association.

***Official copies may be obtained from the Association office.*** 

Policy Resolution 2011-1

ELECTRICAL EQUIPMENT MAINTENANCE, REPAIR AND REPLACEMENT

POLICY RESOLUTION NO. 2011-1

ELECTRICAL EQUIPMENT MAINTENANCE, REPAIR AND REPLACEMENT

Recitals

A.  The By-Laws of Waters Landing Association, Inc. (“By-Laws”) assign to the Board of Directors (“Board”) all of the powers and duties necessary for the administration of the affairs of Waters Landing Association, Inc. (“Association”).

B.  Article V, Section 3(d) of the By-Laws empowers the Board to adopt and enforce rules and regulations.

C.  Article I, Section 1(c) of the Declaration of Covenants (“Declaration”) defines “Living Unit,” “Unit” and “Lot” as all Subdivided Lots which are a part of the Property and any portion of a structure within the Property intended for use as a one-family residence.

D.  Pursuant to the provisions of the Declaration and of the Association’s Architectural Guidelines, and in accordance with applicable law, the Owners of individual Lots within Waters Landing are responsible for the maintenance and repair of all Lot improvements.

E.  Article II, Section 1(d) of the Declaration defines “Common Areas,” “Open Spaces,” “Community Facilities,” and “Recreational Facilities” as all real property now and hereafter acquired by the Association for the benefit, use and enjoyment of its members, with all the improvements thereon, to include private roads, drives, sidewalks, street lights, water lines, sewer lines, storm drainage structures and facilities and related appurtenances.

F.  Article VII, Section 11 of the Declaration provides that the Common Areas and Community Facilities and each Lot shall be subject to easements to the benefit of the Owners of the adjoining and abutting Lots and dwellings for maintenance and for unobstructed and uninterrupted use of any and all pipes, conduits, cables and wire outlets and utility lines of any kind and to easements for the maintenance of adjoining and abutting dwellings.

G.  The builder of certain townhouses in Waters Landing located groups of electric meters and electric cables and related equipment not owned by the public utility company (collectively, “Electrical Equipment”), serving groups of townhouses, in centralized locations on individual Lots (“Group Installation”).

H.  As the Lot Owner, each Owner of a townhouse served by such Group Installation is individually responsible for the maintenance, repair and replacement of that portion of such Electrical Equipment that serves such Owner’s individual Lot, and for the cost of such maintenance, repair and replacement.

I.  For the benefit of the Association and the Owners, the Board deems it necessary and desirable to clarify the maintenance, repair and replacement responsibilities and obligations with respect to Electrical Equipment serving individual Lots.

CONSISTENT WITH THE DECLARATION, THE BY-LAWS AND THE FOREGOING RECITALS, THE BOARD OF DIRECTORS HEREBY ADOPTS THE FOLLOWING POLICY:

1.  Except as may be otherwise expressly provided in the Declaration or the By-Laws, the Association is not responsible for the maintenance, repair and replacement of individual Lots or for any improvements thereon, including without limitation any Electrical Equipment serving individual Lots, and including without limitation any Group Installation, and is not authorized to pay, to lend, or to advance any Association funds for such purpose.

2.  Each individual Owner of a townhouse or single family home Lot is responsible for the maintenance, repair and replacement of all improvements and other facilities on his/her Lot,  and for the maintenance, repair and replacement of all Electrical Equipment exclusively serving his/her Lot, including without limitation a pro rata share of the cost of maintenance, repair and replacement of any shared Electrical Equipment serving his/her Lot and other Lots.

3.  Pursuant to Article VII, Section 11 the Declaration, each Lot Owner has an easement over other Lots for maintenance and for unobstructed and uninterrupted use of utility lines and Electrical Equipment that serve his/her Lot.  A Lot Owner’s obligations under this easement shall include, but shall not be limited to, the following:

a.  The Owner of a Lot through which a utility line passes, or on which Electrical Equipment serving other Lots has been installed, must allow such utility line or Electrical Equipment to remain on his/her Lot for the benefit of the Lot or Lots that such item serves.

b.  The Owner of a Lot through which a utility line passes, or on which Electrical Equipment serving other Lots has been installed, must allow a public utility company or contractors working for the Owners of Lots served by such utility line or Electrical Equipment to have access to his/her Lot to inspect such items and to perform any necessary maintenance, repair or replacement work on such items.

4.  The Owners of the Lots served by each separate Group Installation shall be responsible for cooperating among themselves in arranging for the performance of any necessary maintenance, repair and replacement of such Group Installation.  The cost of maintenance, repair and replacement of Electrical Equipment serving a single Lot shall be paid by the Owner of such Lot.  The cost of the maintenance, repair and replacement of shared Electrical Equipment serving more than one Lot in a Group Installation shall be shared equitably by the Owners of the Lots that are served by the Group Installation.

5.  The Association may, in its sole discretion, provide general information and guidance to Owners regarding the maintenance, repair or replacement of any Electrical Equipment serving a Lot or multiple Lots.

***Official copies may be obtained from the Association office.***

Policy Resolution 2012-01

ENFORCEMENT PROCEDURE

POLICY RESOLUTION NO. 2012-01

ENFORCEMENT PROCEDURE

Recitals

A. The Bylaws assign to the Board of Directors ("Board") all of the powers and duties necessary for the administration of the affairs of the Waters Landing Association, Inc. ("Association");

B. Article V, Section 3(d) of the Bylaws authorizes the Board to adopt and enforce rules and regulations; and

C. For the benefit and protection of the Association and of the individual owners, the Board deems it necessary and desirable to establish a procedure to ensure due process in cases involving noncompliance by an owner or resident with provisions of the Declaration of Covenants, Conditions and Restrictions, the Bylaws or the Rules and Regulations ("Governing Documents");

THE BOARD OF DIRECTORS HEREBY RESOLVES that any and all previous enforcement procedures are repealed, and the following enforcement procedure is adopted.

I.  PROCEDURE

A.  Initial Actions.

1. Informal Action.  In the interest of cooperation and good relations between neighbors, it is the policy of the Association that residents of the community should try to work together informally and cooperatively to resolve matters which appear to violate the Governing Documents.  Any resident, officer, or agent of the Association may request that an owner or resident correct any apparent violation of the Governing Documents.  Such informal requests generally should be made before the formal process is initiated.

2. Written Complaint.  If informal requests do not result in compliance, a written complaint providing the specifics of the alleged violation may be filed with the Management Office.  A written complaint may be filed by any person (“Complainant”).  The complaint shall specify the facts of the alleged violation in sufficient detail so that the respondent will be able to understand the nature of the alleged violation and be able to prepare a defense.  The complaint shall identify the specific provisions of the Governing Documents which allegedly have been violated.  The complaint must be as specific as possible as to times, dates, places and persons involved.

3. Preliminary Investigation.  Upon receipt of the written complaint, Management shall make a preliminary investigation as to the validity of the complaint.  If the alleged violation has been corrected since the complaint was made, or if the complaint is for any other reason no longer valid, Management shall respond in writing to the Complainant. After a complaint has been filed, Management may, if appropriate, contact the Complainant and the alleged violator (“Respondent”) to try to resolve the complaint informally.  If such efforts are not appropriate, or are not successful, and if the preliminary investigation indicates the need for further action, the process shall continue as set forth below.

B.  Written Request. Management shall send a written request to the Respondent, in accordance with the following procedure:

1. The written request shall ask the Respondent to correct the alleged violation and shall specify:  (i) the violation; (ii) the provision of the Governing Documents that has been violated; (iii) the action required to correct the violation; and (iv) a time period of not less than fifteen (15) days during which the violation may be corrected without further sanctions, or a statement that any further violations of the same provision may result in sanctions after a further notice and a hearing.

2. The request shall be mailed to the owner at the address on file at the Management Office, and to the resident of the property, if not the owner.

3. A copy of the request shall be filed in the Management Office, and a copy shall be provided to the Board.

C.  Failure to Comply with Request.  The following procedures shall be followed when a continuation or a repetition of a violation occurs:

1. Notice of Hearing.  If a preliminary investigation indicates further action is necessary, and if the violation has not been corrected pursuant to the written request specified above, Management shall serve a Notice of Hearing and a copy of the complaint on the respondent.  The Notice shall be served not less than fifteen (15) days prior to the date of the hearing.  The Notice shall be hand delivered or mailed by first class United States mail to the respondent at the address or addresses required for notice of meetings and, in the case of non-owner residents, to the resident of the property, at the property address, as well.  Service by mailing shall be deemed effective 2 days after such mailing.  No order adversely affecting the rights of the respondent may be made in any case unless notice has been given as provided herein.

The Notice of Hearing sent to the respondent shall state the time, date and location of the hearing and shall inform the respondent of his or her right to be present at the hearing, to be represented by counsel and to present any witnesses or evidence.  The Notice shall also describe any sanctions which may be imposed on the respondent.

2. Scheduling.  If any parties can promptly show good cause as to why they cannot attend the hearing on the scheduled date and can indicate times and dates on which they would be available, Management may reset the time and date of hearing and promptly deliver notice of the new hearing time and date to the Complainant and the Respondent.

D.  Hearing.  A hearing shall be conducted by the Board or the Architectural and Environmental Review Committee (“Committee”), using the following procedure:

1. Proof of Notice, Minutes.  Proof of notice and the invitation to be heard shall be placed in the minutes of the meeting.  Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the party who delivered such notice.  The notice requirement shall be deemed satisfied if the respondent appears at the meeting.  The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

2. Constraints on the Committee.  Any member incapable of objective consideration of the case shall disclose this fact to the Committee and shall not take part in the proceedings or in the Committee decision.  Any member of the Committee has the right to challenge any other member who is unable to function in a disinterested and objective manner.  Any such challenge shall be decided by the Committee, provided, however, that the challenged member shall not have a vote on the challenge.

3. Hearing Process.

a.  The Committee shall select a person to serve as hearing officer and preside over the hearing.  Such hearing officer need not be an owner or a member of the Committee.  At the beginning of the hearing, the hearing officer shall explain the rules and procedures by which the hearing is to be conducted.

The Committee may determine the manner in which the hearing will be conducted, so long as the rights set forth in this section are protected.  The hearing need not be conducted according to technical rules relating to evidence and witnesses.  Generally, any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.

b.  Neither the Complainant nor the respondent must be in attendance at the hearing.  The hearing shall be conducted in executive session.

c.  Each party shall have the right to do the following, but may waive any or all of these rights:

(1)  make an opening statement;

(2)  introduce evidence, testimony, and witnesses;

(3)  cross-examine opposing witnesses by directing questions to the hearing officer;

(4)  rebut evidence and testimony; and

(5)  make a closing statement.

Even if the Complainant or the respondent does not testify on his own behalf, each may still be called and questioned, if in attendance.

4. Decision.  After all testimony and documentary evidence has been presented to the Committee, the Committee shall consider and vote upon the matter.  Agreement of a majority of the Board in attendance at the hearing shall be required for a decision.  The decision shall be made promptly after the hearing and shall include the Committee’s decision with respect to any fines or other sanctions or actions to be taken.

The Committee shall prepare written findings of fact and a written decision.  A copy of the findings and decision of the Committee shall be sent to each party in the matter and his/her attorney, if any.  A summary of the decision, excluding names of persons involved and addressing only the issues and the Committee decision shall be included in the Committee Minutes.

II.  INTERPRETATION

This Resolution is intended to serve as a protection to owners and residents to ensure that their rights are protected and to serve as a guideline for the Committee as it carries out its duties to enforce the Declaration, Bylaws and Rules and Regulations.

The Board may determine the specific manner in which the provisions of this Resolution are to be implemented, provided that reasonable due process is afforded and provided that all applicable statutory requirements are satisfied.

Any inadvertent omission or failure to conduct any proceeding in exact conformity with this Resolution shall not invalidate the results of such proceeding, so long as a prudent and reasonable attempt has been made to ensure due process according to the general steps set forth in this resolution.

III.  REMEDIES

Upon reaching a decision, the Committee may invoke any sanctions or take any actions legally available to the Association.  Such sanctions may include reasonable fines levied pursuant to the Maryland Homeowners Act, which shall be part of the lien for assessments against the unit.

IV.  LEGAL ACTION

Notwithstanding any provision of this Resolution, the Association may initiate legal action at any time without following the procedures set forth herein if, in the judgment of the Board, the interests of the Association so require.

***Official copies may be obtained from the Association office.*

Policy Resolution 2012-02

COLLECTION OF ASSESSMENTS

POLICY RESOLUTION NO. 2012-02

COLLECTION OF ASSESSMENTS

 WHEREAS, Article V, Sections 1 of the Declaration of the Waters Landing Homeowners Association, Inc. (“Association”) creates an assessment obligation for Owners and Article V, Section 3(b) of the Bylaws empowers the Board of Directors (“Board”) to establish and enforce the methods of collecting assessments from Owners; and

 WHEREAS, the Articles IV and V of the Declaration specify the types of relief the Association may seek under the terms of the Association’s Declaration and Bylaws (“Governing Documents”) when an Owner is in default, including suspension of voting rights or rights to use facilities or services for nonpayment; and

 WHEREAS, Article V, Section 1 of the Declaration empowers the Association to establish the due dates of assessments; and

 WHEREAS, Article V, Section 6 of the Declaration empowers the Board with the authority to establish a late fee and assess interest if any assessment is not paid within the prescribed time after the due date; and

 WHEREAS, Article V, Section 8 of the Declaration allows the Board to accelerate the entire year’s assessments and to declare them to be due and payable in full upon default by an Owner; and

 WHEREAS, there is a need to establish procedures for the billing and collection of assessments and charges;

 NOW THEREFORE, IT IS HEREBY RESOLVED THAT the Board of Directors hereby adopts the following assessment collection procedures:

I.  ROUTINE COLLECTIONS

 A.  Each fiscal year’s annual assessment shall be due and payable in advance, in monthly installments, on or before the first (1st) day of each month. (“Due Date”).  The fiscal year shall be from January 1 to December 31 of each year.  Unless otherwise determined by the Board, all special or additional assessments, shall, unless otherwise specified in the notice, be payable in full with the next periodic installment which is due more than ten (10) days after the date of such notice.

 B.  All documents, correspondence, and notices relating to assessments or charges shall be mailed or delivered to the address which appears on the books of the Association and it is the responsibility of non-resident Owners to provide current addresses to the Association’s managing agent in writing.

 C.  Non-receipt (or late receipt) of an assessment invoice or coupon booklet shall in no way relieve the Owner of the obligation to pay the amount due by the due date.  Questions regarding assessments may be directed to the Association’s management company.

 D.  Unless delinquent accounts have been referred to counsel, Owners must make payment to the Waters Landing Homeowners Association, Inc. and such payment shall be mailed to the Association’s management company.

 E.  Payments are to be accompanied by a payment coupon provided by the Management Agent or the emergency coupon found in the Association newsletter. Non-resident owners must include the property address on the check. Replacement coupons may be obtained from the Management Agent.

 F.  The term “Charges” shall include, without limitation, late fees, interest, returned check fees, administrative costs associated with mailing and serving delinquent Notices, charges and/or fines imposed for violations of the Association’s Governing Documents and/or Rules and Regulations, and all costs and attorney’s fees relating to collection efforts that are assessed or incurred pursuant to the Association’s Governing Documents.  Charges shall be collected in the same manner as an assessment or in such manner as shall be determined by the Board.

II.  REMEDIES FOR NONPAYMENT OF ASSESSMENT

 A.  Late Fees and Interest.  If payment of the total assessments due, including special assessments, is not received by the Association by the fifteenth (15th) day of the Due Date, the account shall be deemed late, a late fee of Fifteen Dollars ($15.00), or the maximum amount allowed under Maryland law, shall automatically be added to the amount due and shall be a part of the continuing lien and personal obligation for assessments, as provided for in Article V of the Declaration, until all sums due and owing shall have been paid in full.  Additionally, any assessment payment that is not received by the fifteenth (15th) day of the Due Date shall bear interest at a rate of 18% per annum, or the maximum rate allowed under Maryland law until the full amount owed is paid and such late fees and interest shall be part of the continuing lien and personal obligation for assessments.

 B.  Acceleration:   If any assessment installment is not paid by the fifteenth (15th) day of the Due Date, the entire balance of the unpaid assessments for the remainder of the fiscal year shall be accelerated and be declared due, payable and collectible in the same manner as the delinquent portion of the assessment.

 C.  Returned Checks. If a check is returned for insufficient funds, a Twenty-Five Dollar ($25.00) returned check fee, or the maximum amount allowed by Maryland law, shall be applied to the Owner’s account.  If a check is returned and assessments are not timely paid, as set forth in Section IIA, above, Late Fees and Interest will be imposed.  If the Association receives two or more checks returned for insufficient funds in any single fiscal year from an Owner, the Board may require all future payments to be made by certified check, cashier’s check or money order for the remainder of the fiscal year.

 D.  Late Notice:  A “Late Notice” may be sent to Owners who have not paid assessments or charges, in full, by the fifteenth (15th) day after the Due Date.  Non-receipt of such notice does not relieve the Owner of his financial obligation to pay the Charges associated with the Owner’s account, including, but not limited to Late Fees, Interest, attorney’s fees and other costs of collection incurred by the Association. 

E.  Legal Referral:  If payment in full, of any assessment or Charge is not received by the Association by the thirtieth (30th) day after the Due Date, the account may be referred to legal counsel for the Association for collection of same.  Nothing herein shall prevent the management company or the Board from referring a delinquent account to counsel at any time deemed appropriate.

 F.  Lien:  In accordance with the Maryland Contract Lien Act, if an Owner’s account remains delinquent for more than thirty (30) days, the Association, through its managing agent or counsel, shall send a Notice of Intention to Record a Lien to the delinquent Owner. If payment in full of the amount due is not received within thirty (30) days after the Notice of Intention to Record a Lien has been served on the Owner, a Statement of Lien shall be filed which shall include all assessments (including accelerated assessments) and Charges owed, including, but not limited to postage and attorney’s fees incurred in collecting the amount owed and filing the Lien. Delinquent Owners are responsible for all costs and attorney’s fees associated with filing and releasing any such liens.

 G.  Civil Suit:  If payment in full of all amounts owed, including accelerated assessments, is not received by the time the Lien is recorded, a civil suit may be filed personally against the delinquent Owners.

 H.  Further Legal Action:  If an account remains delinquent after the filing of a lien and/or civil suit, counsel for the Association shall take other appropriate legal action to collect the amounts due which may include, without limitation, garnishment of wages, rent and/or bank accounts, and the attachment of other vehicles and other assets.

 I.  Foreclosure.  If a lien remains unpaid, the Board may authorize legal counsel for the Association to file a suit to enforce the lien and foreclose on the Lot.

 J.  Costs and Fees.  All costs and attorney’s fees incurred by the Association as a result of collection activity on a delinquent account or violation of the Governing Documents by an Owner or the Owner’s tenants, guests, family, residents, employees, agents, lessees or licensees, shall be specifically assessed or charged against the Owner.

 K.  Approval of Payment Plans/Settlement.  The Board shall authorize a member of the Board or the management company to approve payment plans and settle accounts. 

 L.  Application of Payments.  Payments received from an Owner shall be credited to currently outstanding amounts and the amount owed for each category below shall be paid in full before payment is applied to the next category in the following order:

1.  Charges for attorney’s fees and court costs.

2.  All returned check charges, postage, and costs.

3.  Fees or other charges imposed for rules violations and damages.

4.  Late fees and interest.

5.  Annual and special assessments applied first to the oldest amount owed.

 N.  Suspension of Rights.  Pursuant to Article IV, Section 1(e) of the Declaration, an Owner’s voting rights shall be automatically suspended for any period during which an assessment remains unpaid for more than thirty (30) days. Additionally, pursuant to the same provision, an Owner who fails to pay assessments in full within thirty days (30) day of the Due Day shall be prohibited from using the Common Areas, facilities and services for any period during which any assessment against an Owner’s Lot remains unpaid. 

***Official copies may be obtained from the Association office.***

Policy Resolution 2012-03

PARKING RULES & ENFORCEMENT

WATERS LANDING ASSOCIATION, INC.

POLICY RESOLUTION NO. 2012-03

PARKING RULES AND ENFORCEMENT PROCEDURE

WHEREAS, the Article VII, Section 14 of the Association’s Declaration of Covenants provides for the removal and/or abatement of any violation of the Association’s Declaration and Bylaws; and

WHEREAS, the Article V, Section 3 of the Association’s Bylaws empowers the Board of Directors to establish rules and regulations to govern the common areas and facilities of the Association; and

WHEREAS, the Board of Directors deems it necessary to implement a Resolution providing for uniform procedures for parking and traffic control on the Association’s common grounds and providing for the removal of motor vehicles that are not in compliance with the Association’s governing documents.

NOW THEREFORE, BE IT RESOLVED that the following procedures for parking on Association grounds shall be followed, effective as of ________________:

I.  DEFINITIONS

A.  Approved Vehicles - Any conventional passenger car, motorcycle, truck or van of less than 10,000 pounds gross weight that is currently registered and licensed unless the owner of the motor vehicle is exempt from these licensing and registration requirements under the law and which is not specifically excluded elsewhere in this Resolution.

B.  Unapproved Vehicles shall include the following:

1.  Commercial Vehicles. The Board shall use the following criteria to determine whether a motor vehicle is a Commercial Vehicle:  (a) any motor vehicle that is included in the commercial vehicle definition in the Maryland Code or requires a commercial driver’s license to operate the vehicle; (b) any motor vehicle with a gross weight of 10,000 pounds or more; (c) any vehicle that is designed or used to transport more than 8 people (including the driver) for compensation; (d) any vehicle that is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; (e) any vehicle that is used in transporting hazardous materials in a quantity requiring placarding, and (f) any vehicle, which extends beyond the length of the parking space and/or exceeds 85% of the width of the parking space.  The parking space is defined as the area from the curb to the end of the white separator lines and between two separator lines measured from the inside of the two lines. Commercial equipment includes exterior racks (except ski racks), pipes, ladders or interior equipment such as supplies, propane, pesticide, fuel tanks, cabling, unsecured tools or supplies indicative of commercial use or a threat to the Association's aesthetic appearance. In the event that a unit owner requires a commercial vehicle as part of their vocation, the unit owner may present a formal request to the Board of the Association for an exemption to this rule. Exemptions may be granted at the sole discretion of the Board of Directors.

2.  Recreational Vehicles.  Any boat, boat trailer, motor home, self‑contained camper, mobile home, trailer, pop‑up camper/tent trailer, horse trailer or similarly oriented vehicle.  Private or public school or church buses are unapproved vehicles under both this section and the commercial vehicles section. 

3.  Junked Vehicles.  Any motor vehicles with a malfunction of an essential part required for the legal operation of the vehicles or which is partially or totally disassembled by the removal of tires, wheels, engine, or other essential parts required for legal operation of the vehicles.

4.  Unregistered Vehicles.  Any motor vehicle that is not licensed and registered shall be considered an Unregistered Vehicle unless the owner of the motor vehicle is exempt from these licensing and registration requirements under the law. Variances for exempt motor vehicles must be submitted in writing to the Association.

5.  Nuisance Vehicles.  Any vehicles that are a hazard or nuisance by reason of noise, exhaust emission, fluid emission, appearance or otherwise, or are operated in a manner that disturbs residents.

6.  Other Equipment and Machinery.  Any agricultural, industrial, construction or similar machinery or equipment.

C.  Any motor vehicle not falling into one of the above categories may be permitted or prohibited by the Board of Directors on a case by case basis.

II.  RULES AND REGULATIONS

A.  Use of Common Parking Areas.  Common Parking areas shall be used solely for the parking of Approved Vehicles as defined herein.  All motor vehicles other than Approved Vehicles are prohibited from entering upon the common elements except when picking up or delivering passengers or merchandise or during the performance of work or services at the Association, or as otherwise provided herein.  Motor vehicles shall be parked only in designated parking spaces and areas.

B.  Stored Vehicles.  The storage of vehicles on common ground is prohibited.  Any resident who has reason to park a vehicle in a parking space for a period of thirty (30) day or longer (for out-of-area vacation or business travel, for example) must notify the Managing Agent in writing to obtain prior approval.  Failure to observe this rule may subject a vehicle parked in a parking space for a period exceeding (30) days to being removed from the common grounds. Waiver is not intended to accommodate the long-term storage of any vehicle on the common grounds.

C.  Recreational and Commercial Vehicles.  No Recreational or Commercial Vehicles shall be parked on the Property.

D.  Junked Vehicles. No Junked Vehicles shall be parked or maintained on the Property.

E.  Unregistered Vehicles.  No Unregistered Vehicles shall be parked or maintained on the Property.

F.  Nuisance Vehicles.  No Nuisance Vehicles shall be parked or maintained on the Property.

G.  Other Equipment and Machinery.  No Other Equipment and Machinery shall be parked or maintained on the Property.

H.  Unsafe Vehicles.  Vehicles shall not be parked or stored unattended in a hazardous condition, including, but not limited to, vehicles on jacks or blocks.  Tires supporting vehicles on common areas must be inflated at all times with the manufacturer's recommended pressure so that they can be moved in the event of an emergency.  Any motor vehicle that presents an imminent threat to person or property is subject to towing.

I.  Fire Lanes.  Parking in a fire lane is a violation of the Montgomery County Code and prohibited by this Resolution.

K.  Operator's Responsibilities.

1.    Motor vehicles shall only be parked in properly marked parking spaces in the parking lots on the Property.  Only one (1) motor vehicle shall be parked in each parking space.

2.    Motor vehicles shall not be parked in fire lanes, occupy more than one parking space, impede the normal flow of traffic, block any sidewalk, mailbox, or prevent ingress and egress of any other motor vehicle to adjacent parking spaces or the open roadway.

3.    Motor vehicles parked in the parking lot spaces must be positioned parallel to the white separator lines so that no portion of the motor vehicle extends over the lines designating the individual parking space.

4.    No motor vehicle shall be parked perpendicular to the marked parking spaces.

5.    The operation of licensed motor vehicles on the Property shall be restricted to paved roadways only.

6.    No person shall operate a motor vehicle on the Property without a proper operating or driver’s license.

7.    No motor vehicle shall be parked in such a manner so as to block any portion of the sidewalk or street.

8.    No motor vehicle shall be parked on any portion of the Property except for the parking areas.

L.  Owner's Responsibilities.  All Owners are responsible to ensure that their family members, employees, visitors, guests, tenants and agents observe and comply with all rules and regulations as may be adopted by the Board.

III.  ENFORCEMENT

A.    Vehicle Removal.  The Board of Directors shall have the authority to have any motor vehicle not in compliance with the provisions of this Resolution removed from the common parking areas. Any owner and/or tenant who is determined to be in violation of any of this resolutions provisions shall be given fifteen (15) days notice to cure the violation. If the violation is not abated within fifteen (15) days, the vehicle may be removed from the common grounds in accordance with Chapter 30C of the Montgomery County, Maryland Code. This authority may be delegated to the Board or the Managing Agent.  All costs and risks of towing and impoundment shall be the sole responsibility of the vehicle's owner.

B.    The Association reserves the right to exercise all other power and remedies provided by the Association's governing documents or the laws of Maryland and Montgomery County.

IV.  ATTORNEYS' FEES and LIABILITIES

A.  Owner Responsibilities.  Owners shall be responsible for all expenses and/or attorneys' fees incurred by the Association in enforcing the provisions of this Resolution.

B.  Liability.

1.    The Association assumes no responsibility for any damage to any motor vehicle parked or operated on the Property.

2.    Owners shall be held liable for any expenses incurred by the Association as a result of any damage done on the Property by the use, repair or maintenance of their vehicle, or as a result of negligence, whether on the part of the owner, his family, tenants, guests or agents.

***Official copies may be obtained from the Association office.***