What
Amend bylaws Article IV Section 3 to automatically dismiss non-compliant board members.
Append:

“Any Director who prevents the Association from complying with (1) the reporting requirements of the Corporate Transparency Act or (2) the requirements set by the Association’s insurance provider to maintain coverage is automatically removed from the Board. This automatic removal is effective the day before the non-compliance would cause either (1) a financial penalty under the Corporate Transparency Act or (2) the insurance provider to cease coverage.”

Why

• This amendment is recommended as a “best practice” in response to the Corporate Transparency Act.
• As specified in the Corporate Transparency Act, willfully violating the reporting requirements may result in civil penalties of up to $500 (adjusted for inflation) for each day that the violation continues.
• Non-compliance with insurance requirements may result in our insurance provider refusing to cover the Association, which could devastate the Association.

Why Not

• Automatic dismissals can cause problems when directors don’t realize the dismissal has happened.

How

• Amending our bylaws requires a “vote of a majority of a quorum of Members present in person or by proxy” (i.e., at least 77 votes cast, with at least 39 votes in favor).
• This amendment can be voted on at the annual meeting.

What
Amend CC&Rs Article VI Section 5 to permit certain security and decorative signs.
From:

“Signs. Except as provided in Section 14 herein, no signs of any character shall be erected, posted or displayed upon, in or about any Lot or dwelling situate upon any Lot other than in accordance with Maryland law, provided, however, that one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Lot or attached to any dwelling placed on the market for sale or rent and further, provided, for sale signs may only be placed in the window of each dwelling by any Owner, other than Declarant or Builder. Upon settlement or rental of the property so advertised, the real estate sign must be immediately removed.”

To:

“Signs. Except as provided in Section 14 herein, no signs of any character shall be erected; posted; or displayed upon, in, or about any Lot or dwelling situated upon any Lot. The following signs are permitted without the approval specified in Article V:

1. One (1) typical security sign, not to exceed 2.5 square feet
2. One (1) “no soliciting” sign that is decorative in character, not to exceed 2.5 square feet
3. One (1) “keep off grass” or “no trespassing” sign that is decorative in character, not to exceed 2.5 square feet
4. Typical temporary celebration signage—for events like graduations and birthdays—which are only permitted from one (1) week before the celebrated event to one (1) week after the celebrated event
5. Signs posted in accordance with Maryland law
6. One (1) temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Lot or attached to any dwelling placed on the market for sale or rent and further, provided, for sale signs may only be placed in the window of each dwelling by any Owner, other than Declarant or Builder. Upon settlement or rental of the property so advertised, the real estate sign must be immediately removed.”

Other signs that are decorative in character may be approved as part of the architectural review process specified in Article V. The total number of long-term signs per Lot is limited to three (3).

The primary changes are bolded here for convenience but would not be bolded in the final document.

Why

• Some residents feel that certain signs should be permitted and asked for an amendment.
• Some residents feel that security company yard signs effectively deter criminals.

Why Not

• Other residents may feel the signs would reduce aesthetics.
• Other residents may feel that security company yard signs serve more as free advertisement for a vendor than as criminal deterrence.
  • Security company window stickers can provide deterrence at the actual points of entry (doors and windows).
  • One related study found that actual evidence of security / surveillance equipment was a substantially stronger deterrent.

How

• Amending our CC&Rs requires an affirmative vote of members in good standing having at least 60% of the votes.
• This amendment can be voted on at the annual meeting.

What
Amend CC&Rs Article VI Section 24 to permit residents to leave portable basketball hoops in their front yards overnight.
From:

“Play Equipment. All outdoor play equipment shall consist of cedar, redwood or pressure-treated wood materials, or hi-grade plastic materials, shall be situated in rear yards only, and shall be placed in order to minimize their visibility from neighboring Lots. The Board of Directors or its Architectural Review Committee may, in its sole and absolute discretion, consider other materials for play equipment. Children’s play and similar equipment not attached shall not be allowed to remain overnight within any front yard of any Lot or at any time within the Common Area. No play equipment, including, without limitation, basketball backboards, basketball hoops and other equipment associated with either adult or juvenile recreation shall be attached in any manner to the front or sides of any dwelling. Basketball backboards either: a) located in the rear yard of the Lot; or b) affixed to permanent or temporary free-standing poles are allowed.”

To:

“Play Equipment. All outdoor play equipment shall consist of cedar, redwood or pressure-treated wood materials, or hi-grade plastic materials, shall be situated in rear yards only, and shall be placed in order to minimize their visibility from neighboring Lots. The Board of Directors or its Architectural Review Committee may, in its sole and absolute discretion, consider other materials for play equipment. Unattached sports play equipment may be permitted to remain overnight within the front yard of a member’s Lot if the equipment:

1. Relies on the driveway’s hard surface for proper function
2. Is difficult to take down, store, and set up
3. Is played with at least weekly
4. And occupies no more than 30 square feet of the Lot, while set up

Other than the exception in the preceding sentence, children’s play and similar equipment not attached shall not be allowed to remain overnight within any front yard of any Lot or at any time within the Common Area. No play equipment, including, without limitation, basketball backboards, basketball hoops and other equipment associated with either adult or juvenile recreation shall be attached in any manner to the front or sides of any dwelling. Basketball backboards either: a) located in the rear yard of the Lot; or b) affixed to permanent or temporary free-standing poles are allowed.”

The primary changes are bolded here for convenience but would not be bolded in the final document.

Why

• Some residents feel that portable basketball hoops should be permitted to always remain in the front yard and asked for an amendment.
• Some residents feel that overnight storage requirements violate MD Code, Real Property, 2-124, which prohibits restrictions which constitute a significant increase in cost and/or a significant decrease in the ability to use a portable basketball hoop.

Why Not

• Other residents may feel that the constant presence of the portable sports equipment would reduce aesthetics and safety.

How

• Amending our CC&Rs requires an affirmative vote of members in good standing having at least 60% of the votes.
• This amendment can be voted on at the annual meeting.

What
Amend CC&Rs Article VI Section 9 to permit resin sheds.
From:

“Sheds. Except as otherwise provided for herein, no shed shall be erected, altered, placed or permitted to remain on any Lot upon the Property unless the shed is located within the rear yard of the Lot and is constructed of a similar style and with substantially similar identical siding and roof colors as the dwelling on the Lot, and it for the sole use of the respective owners who are occupants. All such sheds must be approved pursuant to Article V prior to location or construction on any Lot. Metal sheds are not permitted. No other structure of a temporary character, or a trailer, tent, shack, mobile home, barn, or other outbuilding shall be constructed or maintained on any Lot at any time.”

To:

“Sheds. Except as otherwise provided for herein, no shed shall be erected, altered, placed, or permitted to remain on any Lot upon the Property unless the shed:

1. Is located within the rear yard of the Lot
2. Is constructed of a similar style and with substantially similar siding and roof colors as the dwelling on the Lot
3. And is for the sole use of the respective owners who are occupants

All such sheds must be approved pursuant to Article V prior to location or construction on any Lot. Metal sheds are not permitted. Resin sheds are permitted, as long as they otherwise meet requirement #2 on style and colors. No other structure of a temporary character, or a trailer, tent, shack, mobile home, barn, or other outbuilding shall be constructed or maintained on any Lot at any time.”

The primary change is bolded here for convenience but would not be bolded in the final document.

Why

• Some residents want to be able to install resin sheds and asked for an amendment.

Why Not

• Other residents may feel that resin sheds have reduced aesthetics.
  • It can be difficult to match a resin shed to a home.
  • Resin sheds may be more likely to be poorly installed and become an eyesore.

How

• Amending our CC&Rs requires an affirmative vote of members in good standing having at least 60% of the votes.
• This amendment can be voted on at the annual meeting.