Association Documents - Aspen Property Management

Transcription

Association
Documents
Cokesbury Manor Homeowners Association
Architectural Review Committee (ARC)
EXTERIOR ARCHITECTURAL CHANGE REQUEST FORM
Date:___________________
Name:________________________________________________________________________
Property Address:_______________________________________________________________
Mailing Address:________________________________________________________________
If different from above
Phone:________________________________________________________________________
day phone
evening phone
Email:________________________________________________________________________
If using a contractor for said work, please furnish us with the following information:
Name of Contractor:_____________________________________________________________
Address:______________________________________________________________________
Phone:________________________________________________________________________
License No:____________________________________________________________________
Full description of desired changes:_________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I hereby certify I will comply with the Architectural Exterior Change Requirements. Failure to
comply with the items listed will nullify my REQUEST and may result in additional costs to me
as well as other actions by my Home Owners Association Board of Directors.
______________________________________________________
___________________
Signature of Homeowner
Date
This application has been reviewed by the ARC of the HOA and has been:
___ Approved as submitted
___ Disapproved as submitted
___ Approved with changes
____________ _________________________________________
Date
ARC Representative
Cokesbury Manor Homeowners Association Inc.
c/o Aspen Property Management
PO Box 858
Elkton, MD 21922
Phone: 410.620.2598
Fax: 410.620.7098
E-mail: [email protected]
__________________
Title
I'
ARTICLES OF INCORPORATION
OF
COKESBURY MANOR COMMUNITY ASSOCIATION, INC.
THIS IS TO CERTIFY:
FIRST: That I, the undersigned, Todd Christian Salvo, whose post office address
is 14 Back River Neck Road, Baltimore, MD 21221, being at least twenty-one (21) years
of age, acting as incorporator, do hereby form a corporation pursuant to the General Laws
of the State of Maryland.
SECOND: The name of the corporation (hereinafter called "the Association") is
COKESBURY MANOR COMMUNITY ASSOCIATION, INC.
THIRD: The Association is not formed for profit or pecuniary gain of any sort inuring
to the benefit of the members thereof or to any individuals or corporations. The purposes
for which the Association is formed are as follows:
(1) Its general purpose is to provide for the maintenance, preservation, and
architectural control of the real property described in a Declaration of Covenants and
Restrictions (hereinafter called the "Declaration") made by Cokesbury Manor, LLC, et ai,
recorded among the Land Records of Harford County, Maryland in Liber C.G.H. No. 4005,
folio 461, and with respect to the Common Areas therein described, to promote the health,
safety and welfare of the residents and to enforce the covenants and restrictions described
above within the residential community of Cokesbury Manor.
(2) For the general purpose aforesaid, the Association shall have the following
specific purposes:
(a) To acquire by assignment or deed as the result of gift, purchase, or
otherwise, and to own, hold, improve, build on, operate, maintain, convey, sell, lease,
transfer, dedicate to public use, or otherwise deal with or dispose of the Common Area
within the aforesaid community of Cokesbury Manor, subject to all restrictions set forth in
the aforesaid Declaration, other real property, and such personal property as may be
necessary or proper for the conduct of the affairs of the Association;
(b) To exercise all of the powers and privileges and perform all of the duties
and obligations ofthe Association as set forth in the aforesaid Declaration and as the same
may be amended from time to time as therein provided; said Declaration being
incorporated herein as if set forth at length;
(c) To establish, fix, make, impose, levy, collect and enforce payment of, by
any lawful means, all charges or assessments pursuant to the terms of the Declaration; to
CUST 10.
WORk
.0000815801
OATE::~~::~00e0813214
AlfT.
PAID:$::~:0 08:47 Alf
pay all expenses in connection therewith and all office and other expenses incident to the
conduct of the business of the Association, including all licenses, taxes or governmental
charges levied or imposed against the property of the Association;
(d) To purchase, lease, option or otherwise acquire, own, hold, preserve,
develop, improve, build upon, manage, operate, maintain, convey, sell, exchange, rent,
lease, dedicate for public use, or in any manner transfer or dispose of any real or personal
property in connection with the affairs of the Association; subject to the conditions and
limitations contained in the Declaration;
(e) To borrow or to raise money for any of the purposes of the Association,
and to issue bonds, debentures, notes, or other obligations of any nature, and in any
manner permitted by law, for money so borrowed or in payment for property purchased,
or for any other lawful consideration, and, upon authorization of two-thirds (2/3) of the
members of each class of membership in the Association, voting separately thereon, to
secure the payment of the money borrowed and of the interest thereon, by mortgage upon,
or pledge or conveyance or assignment in trust of, the whole or any part of the property of
the Association;
(f) To dedicate or transfer all or any part of the Common Areas, property and
facilities of the Association to any public agency, authority or utility for such purpose and
subject to such conditions as may be agreed upon by the members, provided, however,
that no such dedication, sale or transfer, in fee, shall be effective unless made by an
appropriate instrument signed by two-thirds (2/3) of the members of each class of
membership in the Association, consenting to such dedication or transfer at a special
meeting of members duly called for such purpose, provided, however, that any such
dedication or transfer shall also be sUbject to limitations providing for prior consent of the
Federal Housing Administration and Veterans Administration as provided for in the
Declaration.
(g) To participate in mergers and consolidations with other non-profit
organizations, organized for the same purpose, as provided for in the Declaration, the By
Laws, or the Laws of the State of Maryland; however, any such merger or consolidation
shall have the assent of two-thirds (2/3) of each class of members and which shall also be
subject to limitations providing for prior consent of the Federal Housing Administration and
Veterans Administration as provided for in the Declaration.
(h) To add to Cokesbury Manor as described in Exhibit A of the Declaration,
at any time, and from time to time, any part of the Additional Property as shown on Exhibit
B of the Declaration, without the consent of any of the members of the Association, and
to add other additional residential property and Common Areas not shown on Exhibit B,
provided that any addition of such other residential property and Common Areas not shown
on Exhibit B shall have the assent of the majority of the members of the Association
present and voting in person or by proxy on the question and which shall also be subject
to limitations providing for prior consent of the Federal Housing Administration and
-2
Veterans Administration as provided for in the Declaration.
(i) To have and to exercise any and all powers, rights and privileges which
a corporation organized under the non-stock, Non-Profit Corporation law of the State of
Maryland by law may now or hereafter have or exercise, without limitation by the foregoing
description of specific powers.
(3) The Association is formed under the articles, conditions and provisions
expressed herein and in the General Laws of this State. In no event, however, shall the
Association: (i) carry on any propaganda or otherwise attempt to influence any legislation
or any public administrative action; (ii) participate or intervene in any political campaign on
behalf of any candidate for public office, by any means, including the publication or
distribution or any statement for or against any such candidate; (iii) carry on any activity not
permitted to be carried on by a corporation exempt from Federal Income Tax under Section
501 (c)(4) of the Internal Revenue Code of 1954, or corresponding provisions of any future
United States Internal Revenue law; or (iv) invest in or use any property in such a manner
as to jeopardize its exemption from taxation under the aforesaid Section 501 (c)(4) of the
Internal Revenue Code of 1954, as now in force or hereafter amended.
FOURTH: The post office address of the principal office of the Association in this
State is 14 Back River Neck Road, Baltimore, Maryland 21221. The name and post office
address of the resident agent of the Association in this State is Todd Christian Salvo, 14
Back River Neck Road, Baltimore, Maryland 21221. Said resident agent is a citizen of the
State of Maryland and actually resides therein.
FIFTH: The Association shall have three (3) directors, which number may be
increased or decreased pursuant to the By-Laws of the Association, but shall never be less
than three nor more than seven (7); and the names ofthe directors who shall act until their
successors are duly chosen and qualify are: CHARLES L. VICKERS, JR., JOSEPH
member of the
SALVO and TODD CHRISTIAN SALVO. No director need be
Association.
a
SIXTH: The Association is not authorized or empowered to issue capital stock of
any type or class. The Association is and shall be a membership corporation, and every
person or entity who is a owner, as hereinafter defined, of a Lot now or hereafter laid out
or established in Cokesbury Manor for single-family residential use or any part of the
Additional Property of Cokesbury Manor pursuant to the Declaration brought within the
jurisdiction of the Association. Each member shall be designated either a Class A member
or a Class B member. A description of each class of membership with the voting rights and
powers of each class is as follows:
(1) Class A. Class A members shall be all Owners (except the Developer during
such time as there shall be a Class B membership) of Lots which are subject to
assessment by the Association under the terms of the Declaration, and shall be entitled
to one vote for each such Lot so owned. When more than one person holds an interest
-3
~.
in any Lot, all such persons shall be members. The vote for such Lot shall be exercised
as the members among themselves determine, but in no event shall more than one vote
be cast with respect to any Lot.
(2) Class B. The Class B member shall be the Developer, or its successors and
assigns, if such successors or assigns should acquire two (2) or more undeveloped Lots
from the Developer for the purpose of development, and shall be entitled to three (3) votes
for each Lot owned.
(3) Conversion. The Class B membership shall cease and be converted to Class
A membership upon the earlier to occur of the following two dates:
(a) The date on which the total votes outstanding in the Class A membership
equal the total votes outstanding in the Class B membership except where additional lands
are annexed into the Association pursuant to the Declaration; or
(b) January 1, 2007.
The "Owner" or "Record Owner" referred to in these Articles shall mean and refer
to and include the person, firm, corporation, trustee, or legal entity, or the combination
thereof, including contract sellers, holding record title to a Lot, either in his, her, or its own
name, or as joint tenants, tenants in common, tenants by the entirety, or tenancy in
co-partnership, if the Lot is held in such real property tenancy or partnership relationship.
If more than one person, firm, corporation, trustee, or other legal entity hold the record title
to anyone Lot, whether in a real property tenancy, partnership relationship, or otherwise,
all of same, as a unit, and not otherwise, shall be deemed a single Record Owner and shall
be or become a single member of the Association by virtue of ownership of such Lot. The
term "Owner" or "Record Owner", however, shall not mean, refer to or include any contract
purchaser, nor the owner of any redeemable ground rent issuing out of any Lot, nor shall
it include any mortgagee named in any mortgage covering any Lot designed solely for the
purpose of securing performance of an obligation or payment of a debt.
SEVENTH: The duration of the Association shall be perpetual.
EIGHTH: The Association may be dissolved only under and in accordance with the
laws of the State of Maryland, provided such dissolution first be authorized, in writing,
signed by not less than two-thirds (2/3) of the members of the Association, or, if there be
more than one class of members, then by not less than two-thirds (2/3) of each class of
members of the Association, computed separately, and subject to the conditions and
limitations contained in the Declaration. Upon any dissolution of the Association, after
discharge of all corporate liabilities, the Board of Directors shall dispose of the assets of
the Association, by dedication thereof to an appropriate public agency to be used for
purposes similar to those for which the Association was formed. In the event that such
dedication is refused, such assets shall be granted, conveyed, and assigned to any non
profit corporation, association, trust or other organization as shall at the time qualify as an
-4
organization or organizations exempt from taxation under Section 501 (c) of the Internal
Revenue Code of 1954, or the corresponding provision of any future United States
Revenue laws, as the Board of Directors may determine, preferably to a semi-public
agency, to be used in furthering, facilitating or effectuating purposes similar to those for
which the Association was formed.
NINTH: Amendment of these Articles shall require the assent of seventy-five
percent (75%) of the entire membership.
TENTH: As long as there is a Class B membership and if any Lot is security for a
mortgage or deed of trust insured by the Federal Housing Administration or guaranteed by
the Veterans Administration, the following actions will require the prior approval of the
Federal Housing Administration or the Veterans Administration: dedication of Common
Area to the public, amendment of the Declaration except by filing a supplemental
declaration as provided for therein, change of use restrictions, abandonment or termination
of the Declaration, merger or consolidation of the Association with any other entity or the
sale, lease or exchange or other transfer of all or substantially all of the assets of the
Association to any other entity; or the dedication, conveyance or mortgage of the Common
Area.
The undersigned, Todd Christian Salvo, hereby consents to serve as Resident
Agent for Cokesbury Manor Community Associ!=ltion, Inc.
IN WITNESS WHEREOF, I have signed these Articles of Incorporation and
2002.
acknowledge the same to be my act on this .15t day of :Lu \
'I
'
~~
;~~<~~
Todd Christian Salvo
-5
7
COKESBURY MANOR SUBDIVISION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made this 30th day of May, 2002 by COKESBURY MANOR,
LLC, a Maryland limited liability company, ("Developer")
WITNESSETH:
WHEREAS, Developer is the owner of the real property descried in Exhibit A of this Declaration
consisting of the Lots on the final subdivision plats entitled: "Final Plat One - Phase One, Cokesbury;' Manor".
"Final Plat Two - Phase One, Cokesbury Manor", "Final Plat Three - Phase One, Cokesbury Manor", and
"Final Plat Four - Phase One, Cokesbury Manor", which are recorded in the Land Records of Harford Count,
in Plat Book C.G.H. No 107, folios 94, 95, 96, and 97, respectively The Developer desires to create a
planned community on the real property with permanent open spaces for the benefit of the said community.
WHEREAS. Developer desires lo provide for the preservation and enhancement of the property
values, amenities and opportunities in said community and for the maintenance of the Properties and the
improvements thereon, and to this end desires to subject the real property described in Exhibit A to the covenants,
restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the
benefit of said property and each owner thereof, and
WHEREAS, for the efficient presentation of the values and amenities in said community, the
Developer has incorporated under the laws of the Slate of Maryland the Cokesbury Manor Community
Association, Inc. and delegates and assigns to it the powers of owning, maintaining and administering the
community properties and facilities, administering and enforcing the covenants and restrictions collecting and
disbursing the assessments and charges hereinafter created, and promoting the recreation, health, safety and
welfare of the residents.
WHEREAS, the Trustees for Mercantile-Safe Deposit and Trust Company are Trustees of an
Indemnity Deed of Trust on the property described in Exhibit A. Mercantile -Safe Deposit and Trust Company
is the holder of the Promissory Note secured by the Indemnity Deed of Trusts the Lender and the Trustees
are joining in this Declaration for the purpose of subordinating the Indemnity Deed of Trust to the legal operation
and effect of this Declaration.
NOW, THEREFORE, the Developer declares that the real property described in Exhibit A is and shall
be held, transferred, sold, conveyed and occupied subject lo the covenants, restrictions, easements, charges
and liens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth.
ARTICLE 1.
Definitions
As used in this Declaration, the following terms shall have the meanings herein ascribed thereto,
except to the extent otherwise expressly provided, or otherwise resulting from necessary implication. The
terms herein defined are:
.
Section 1.
Additional Property "Additional Property" shall mean property other than that
described in Exhibit A which may, from time to time, be added to the Property pursuant to ARTICLE II hereof.
Section 2.
Declaration "Declaration" shall mean covenants, conditions and restrictions and al
other provisions herein set forth in this entire document, as same may from time to time be amended.
Section 3.
Association. "Association" shall mean and refer to Cokesbury Manor Community
Association, Inc., a Man/land non-profit corporation, its successors and assigns.
1
LIBER 4005 FOLIO 0461
Section 4.
Board of Directors. "Board of Directors" shall mean and refer to the Board of
Directors of the Association
Section 5.
Common Areas. "Common Areas" shall mean and refer to and include those areas
of land, improvements and facilities located thereon, designated as open space, storm water management
facilities or such similar designations on any Plat of Cokesbury Manor, as shown as an entirety or in sections,
which are intended to be devoted to common use and enjoyment of all members of the Association, including,
particularly, but not byway of limitation, private roads, roadways, parking lots, sidewalks, open space, flood \
plain, passive and active recreational areas, storm water management facilities and other facilities and other
related Installations in, on, under or over any land or easement area. The Common Areas shall be conveyed
to the Association as set forth in this Declaration.
Section 6.
Developer “Developer" shall mean and refer to Cokesbury Manor, LLC as to that
property described on Exhibit A, attached hereto, the successors to all or substantially all of its business of
developing the Property, or any of its assigns who are expressly granted rights of the Developer in conjunction
with a conveyance of a portion of the Property
Section 7
Lot or Lots. "Lot" or "Lots" shall mean and refer to and include one or more of the
numbered subdivided parcels shown on any Plat of Cokesbury Manor, with the exception of public roads and
the Common Areas.
Section 8.
Member "Member" shall mean and refer to members of the Association, as defined
under its Articles of Incorporation and By-Laws.
Section 9.
Mortgagee. "Mortgagee" shall mean the holder of any recorded mortgage, or the
party secured or beneficiary of any recorded deed of trust, encumbering one or more of the Lots. "Mortgage",
as used herein, shall include deed of trust. “First Mortgage", as used herein, shall mean a mortgage with
priority over other mortgages. As used in this Declaration, the term "mortgagee" shall mean any mortgagee
and shall not be limited to institutional mortgagees. As used in this Declaration, the term "institutional
mortgagee" or "institutional holder" shall include banks, trust companies, insurance companies, savings and
loan associations, trusts, mutual savings banks, credit unions, pension funds, mortgage companies, Federal
National Mortgage Association ("FHLMC"), Government National Mortgage Association ("GNMA,"), Federal
Home Loan Mortgage Corporation ("FHLMC"), all corporations and any agency or department of the United
States Government or of any state or municipal government, or any other organization or entity which has a
security interest in any Lot.
In the event any mortgage is insured by the Federal Housing Administration ("FHA") or guaranteed
by the Veterans Administration ("VA"), then as to such mortgage the egressions "mortgagee" and
"Institutional mortgagee" includes the FHA or the VA, as the circumstances may require, acting, respectively,
through the Federal Housing Commissioner and the Commissioner of Veterans Benefits or through other duly
authorized agents.
Section 10. Owner or Record Owner. "Owner" or "Record Owner" shall mean and refer to and
Include the person, firm, corporation, trustee, or legal entity, or the combination thereof, including contract
sellers, holding record title to a Lot, either in his, her, or its own name, or as joint tenants, tenants in common,
tenants by the entirety, or tenancy in co-partnership, if the Lot is held in such real property tenancy or
partnership relationship. If more than one person, firm, corporation, trustee, or other legal entity hold the
record title to any one Lot, whether in a real property tenancy, partnership relationship, or otherwise, all of
same, as a unit, and not otherwise, shall be deemed a single Record Owner and shall be or become a single
member, of the Association by virtue of ownership of such Lot. The term "Owner" or "Record Owner",
however, shall not mean, refer to or Include any contract purchaser, nor the owner of any redeemable ground
rent issuing out of any Lot, nor shall it include any mortgagee named in any mortgage covering any Lot
designed solely for the purpose of securing performance of an obligation or payment of a debt.
2
LIBER 4005
FOLIO 0462
Section 11. Plat of Cokesbury Manor, "Plat of Cokesbury Manor" shall mean and refer to and
include any and all final subdivision plats prepared by Frederick Ward Associates, Inc entitled' "Final Plat One
- Phase One, Cokesbury Manor", "Final Plat Two - Phase One, Cokesbury Manor", "Final Plat Three - Phase
One, Cokesbury Manor", and "Final Plat Four- Phase One, Cokesbury Manor", which are recorded in the
Land Records of Harford County, in Plat Book C.G.H. No 107, Folios 94, 95. 96, and 97, respectively, as
revised, from time to time, and any other final subdivision plats relating to Additional Proper added to the
Property described on Exhibit pursuant to ARTICLE II hereto.
Section 12. Property. "Property" shall mean and refer to all of the real property which is and shall
be held, transferred, sold, conveyed, and occupied subject to this Declaration as more particularly described
in Exhibit A together with the buildings and improvements thereupon erected, made or being, and all and
every right to the alleys, ways, waters, privileges, appurtenances and advantages to the same belonging, or
anywise appertaining, together with such other real property as may, from time to time, be added thereto
pursuant to ARTICLE II hereof.
Section 13
Supplemental Declaration. "Supplemental Declaration" shall mean and refer to any
Declaration of Covenants, Conditions and Restrictions which may be recorded by the Developer which
extends provisions for this Declaration to other Additional Property and which contains such complementary
provisions for such Additional Property as are herein required by this Declaration.
Section 14. Structure. "Structure" means any thing or device the placement of which upon the
Property (or any part thereof) may affect the appearance of the Property (or any part thereof) including, by wav
of illustration and not limitation, any building, trailer, garage, porch, shed, greenhouse, or bath house, coop
or cage, covered or uncovered patio, swimming pool, clothesline, radio, television or other antenna, fence,
sign, curbing, paving, wall, roadway, walkway, exterior light, landscape, hedge, trees, shrubbery, planting
signboard or any temporary or permanent living quarters (including any house trailer) or any other temporary
or permanent improvement made to the Property or any part thereof. "Structure" shall also mean (i) any
excavation, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface
waters from, upon or across the Property, or which affects or alters the flow of any waters in any natural or
artificial stream, wash or drainage channel from, upon or across the Property, and (ii) any change in the grade
of the Property (or any part thereof) of more than six (6) inches from that existing at the time of first ownership
by a Class A member hereunder.
ARTICLE II
Property Subject to This Declaration
Section 1. Existing Property. The real property which is and shall be held, transferred, sold,
conveyed, and occupied subject to this Declaration is located in the First Election District of Harford County.
Maryland, and is more particularly described In Exhibit – A.
Section 2.
Additions to Existing Property by Developer. Additional lands, in part or whole
described on Exhibit B attached hereto may be annexed to the Property by Developer without the consent of
the Members within ten (10) years of the date this Declaration is recorded among the Land Records of Harford
County. Provided, however, if required by the U. S. Department of Housing and Urban Development ("HUD").
the Federal Housing Administration ("FHA") and/or the Veterans .Administration ("VA") the written approval
of annexation shall be acquired from such agencies, as set forth in Sectlon-3 (c) below
Section 3.
Additions to Existing Property Added properties may become subject to this
Declaration in the following manner:
(a)
Additional lands not described or illustrated in Exhibit B may be annexed to the
Property upon approval in writing of the Developer and of the Association, pursuant to a majority of votes of
the Members present and voting in person or by proxy on the question, if required by the U.S. Department
-3-
of Housing and Urban Development ("HUD"), the Federal Housing Administration ("FHA") and/or the Veterans
Administration ("VA") the written approval of annexation shall be acquired from such agencies, as set forth
in (c) below.
(b)
The additions authorized under this Article shall be made by the recording among
the Land Records of Harford County of one or more Supplemental Declarations of Covenants, Conditions and
Restrictions with respect to the Additional Property, which shall extend the scheme of this Declaration to such
Additional Property.
(c)
So long as any Lot is encumbered by a deed of trust or mortgage which is guaranteed
by HUD, FHA and/or VA, no annexation shall be made pursuant to this Article, or otherwise, except following
a determination by HUD, FHA and/or VA that the annexation conforms to a general plan for the development
of the Community previously approved by It or, If no such general plan was approved by it, except following
Its prior written approval.
(d)
Any Supplemental Declaration of Covenants, Conditions and Restrictions made
pursuant to the provisions of this Article may contain such complementary or supplemental additions and
modifications to the covenants and restrictions set forth in the within Declaration as may be considered
necessary by the maker of such Supplemental Declaration of Covenants, Conditions and Restrictions to
reflect the different character or use, if any, of the annexed property.
(e)
The property, rights and obligations of the Association may, by operation of law, be
transferred to another surviving or consolidated association or, alternatively, the properties, rights and
obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated
association may administer the covenants and restrictions established by this Declaration within the Property
together with the covenants and restrictions established upon any other properties as one scheme- No such
merger or consolidation, however, shall effect any revocation, change or addition to the covenants
established by this Declaration within the Proper except as hereinafter provided. Any such merger shall be
subject to the limitations provided for in ARTICLE XI, Section 4, if applicable.
Section 4. Subordination. The Lender and the Trustees join herein for the purpose of subordinating
the operation and effect (but not the priority of the lien) of the Indemnity Deed of Trust by and between
Cokesbury Manor, LLC and Mercantile-Safe Deposit and Trust Company as Trustee, which is recorded
among the Land Records of Harford County in Liber CGH No. 3803, folio 0453, to the legal operation and
effect of this Declaration.
ARTICLE III
Property Rights
Section 1. - Owners' Easements of Enjoyment, Every Owner shall have a right and easement
of enjoyment in and to the Common Area which shall, as created, be appurtenant to and shall pass with the
title to every Lot and every member of the Association shall have a right of enjoyment in the Common Area
subject to the following provisions:
(a)
The right of the Association to levy annual and special assessments for the
maintenance, care or improvement of the Common Area, asset forth in this Declaration.
(b)
The right of the Association to dedicate or transfer all or any part of the Common
Areas to any public agency, authority, or utility for such purposes as are consistent with the purpose, of this
Declaration and subject to such conditions as may be agreed to by the Members. No such dedication or
transfer shall be effective unless two-thirds (2/3) of each class of the then Members consent to such
dedication or transfer, at any special meeting of the Members duly called for such purpose; provided, that any
such dedication or transfer shall also be subject to the imitations provided for in ARTICLE XI, Section 4 of
this Declaration.
-4-
(c)
The right of the Association to borrow or raise money for any of the purposes of the
Association, and to issue bonds, debentures, notes, or other obligations of any nature, and in any manner
permitted by law, for money so borrowed or in payment for property purchased, or for any other lawful
consideration, and upon authorization of two-thirds (2/3) of the members of each class of membership in the
Association voting separately thereon, to secure payment of the money borrowed and of the interest thereon
by mortgage upon, or the pledge or the conveyance or assignment m trust of, the whole or any pan of the
property of the Association
(d)
The right of the Association to limit the number of guests of Members
(e)
The right of the Association to establish uniform rules, regulations and guidelines
pertaining to the use of the Common Area.
(f)
The right of the .Association to provide for the exclusive use by the Members of
certain designated parking spaces within She Common .Area.
(g)
The right of the public to use public access easements, if any, as shown on any Plat
of Cokesbury Manor, such use to be in common with the rights of the Members.
Section 2
Delegation of Use, Any member may delegate his right of enjoyment to the Common
Area and structures which might in the future be constructed thereon to the members of his family, and to his
guests or tenants, subject to such rules and regulations as the Board of Directors may from time to time adopt,
provided, however, that there shall be no abrogation of the duty of any member to pay assessments as
provided In ARTICLE V of this Declaration
Section 3.
Title to Common Area
(a) Title to the Common Areas shall be conveyed to the Association at the time of the
sale and settlement of the last Lot which is located within the Property subject to this Declaration or any
Additional Property annexed pursuant to any Supplemental Declaration, free and clear of all liens and
encumbrances. The Developer shall provide, at its cost, an owner's title policy to the Association for the Common
Areas conveyed. However, the Common Area will be conveyed to the .Association no later than ten (10) years
from the date of recording of this Declaration and may be conveyed prior thereto at the sole option of the
Developer.
[b)
Notwithstanding the provisions of paragraph (a) above, the Common Area shall be
conveyed to the Association, free and dear of all liens and encumbrances, prior to the sale and settlement
of the first Lot on the Property upon which HUD, VA and/or FHA insures or guarantees a first mortgage.
ARTICLE IV
Membership and Voting Rights
Section 1.
Members. Every Owner of a Lot shall be a member of the Association as designated
in Section 2 of this ARTICLE IV. Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment.
Section 2.
voting membership.
Membership Classes and Voting Rights. The Association shall have two classes of
Class A.
Class A members shall be all Owners (except the Developer during such time
as there shall be a Class B membership} of Lots which are subject to assessment by the Association under
the terms of this Declaration, and shall be entitled to one vote for each such Lot so owned. When more than
one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be
-5-
exercised as the members among themselves determine, but in no event shall more than one vote be cast
with respect to any Lot
Class B.
The Class B member shall be the Developer, or its successors and assigns
if such successors or assigns should acquire two (2) or more undeveloped Lots from the Developer for the
purpose of development or constructing residential dwelling units on Lots and who are expressly granted rights
of the Developer in conjunction with a conveyance of a portion of the Property, The Developer, its successors
and assigns, shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease
and be converted to Class A membership upon the earlier to occur of the following two dates:
(a)
The date on which the total votes outstanding in the Class A membership
equal the total votes outstanding in the Class B membership except when the previsions of ARTICLE II hereof
permit additional land to be annexed and such annexation may cause the total Class B votes to again
exceed the total Class A, votes, the Class B membership shall not be terminated under this subparagraph or
(b)
January 1, 2007.
ARTICLE V
Covenant for Maintenance Assessments
Section 1
Annual Maintenance Assessments. Except as assessments of the Developer are
limited by the provisions of ARTICLE VI, Section 2 of this Declaration, each person, group of persons,
corporation, partnership, trust or other legal entity, or any combination thereof, who becomes a fee owner of
a Lot within the Property (i.e., each Class A member of the Association), by acceptance of a deed therefore,
whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant
and agree to pay. the Association, in advance, a monthly sum (herein elsewhere sometimes referred to as
"maintenance assessments") equal to one-twelfth (1/12) of the Member's proportionate share of the-sum
required by the Association, as estimated by its Board of Directors, to meet its annual expenses, including,
but in no way limited to, the following:
(a)
the cost of all operating expenses of the Common Area and the services furnished
to or in connection with the Common Area, including charges by the Association for any services furnished
by it; and
(b)
the cost of necessary management and administration of the Common Area
needing fees paid to any Management Argent; and
(c)
the amount of all taxes and assessments levied against the Common Area: and
(d)
the cost of liability insurance on the Common Area and the cost of such other
insurance as the Association may obtain on behalf of the Association: and
(e)
the cost of utilities and other services which may be provided by the Association
whether for the Common Area or for the Lots, or both, including but not limited to, trash removal, snow
removal, and lawn care; and
(f)
the cost of maintaining, replacing, repairing, and landscaping the Common Area
including, without limiting the generality of the foregoing, both (i) the Common Area from time to time owned
by the Association, and ([i) landscaped areas along and within certain public rights-of-way within the Property
and the various entrance wails, entry strips and signs located within the Property, and
6
(g)
the cost of maintaining, replacing, repairing, and landscaping of any storm waste
management facilities and drainage systems or the like located upon the Common Area and the cost of
the maintenance of all pathways upon the Property, together with such equipment as the Board of
Directors shall determine to be necessary and proper in connection therewith; and
(h)
the cost of funding all reserves established by the Association, including, when
appropriate, a general operating reserve and a reserve for replacements.
(i)
the funding of a proportionate share of the cost for maintaining, replacing, repairing
or landscaping of common areas or facilities located within the Cokesbury Manor Subdivision, other than
the Common Area, pursuant to agreements between other community associations in the Cokesbury
Manor Subdivision and the Association provided that, (1) such common areas or facilities shall be used, in
conjunction with other Cokesbury Manor Subdivision residents, for the recreation, health, safety, or welfare
of the Members, and (2) such cost shall be equitably apportioned among and paid by other residents of the
Cokesbury Manor Subdivision.
The Board of Directors shall determine the amount of the maintenance assessment annually, but may
do so at more frequent intervals should circumstances so require. Upon resolution of the Board of Directors
installments of annual assessments may be levied and collected on a quarterly, semi-annual or annual
basis rather than on the monthly basis hereinabove provided for. Any Class A member may prepay one or
more installments on any annual maintenance assessment levied by the Association, without premium or
penalty.
The Board of Directors shall prepare or cause the preparation of an annual operating budget for the
Association which shall provide, without limitation, for the management, operation and maintenance of the
Common Area. The Board of Directors of the Association shall make reasonable efforts to fix the amount of
the annual maintenance assessment against each Lot for each assessment period at least thirty (30) days
in advance of the beginning of such period and shall, at that time, prepare a roster of the Lots and the
annual maintenance assessments applicable thereto which shall be kept in the office of the Association
and shall be open to inspection by any Owner up-on reasonable notice to the Board. Written notice of the
annual maintenance assessments shall thereupon be sent to all members. The omission by the Board of
Directors before the expiration of any assessment period, to fix the amount of the annual maintenance
assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any
respect of the provisions of this Article or a release of any Class A member from the obligation to pay the
annual maintenance assessment, or any installment thereof, for that of any subsequent assessment period;
but the annual maintenance assessment fixed for the preceding period shall continue until a new
maintenance assessment is fixed. No Class A member may exempt himself from liability for maintenance
assessments by abandonment of any Lot belonging to him or by the abandonment of his right to the use
and enjoyment of the Common Area.
Except as may specifically established by the Association, this Declaration does not contemplate that
the Association shall have any responsibility for the maintenance or repair of the dwellings or their
appurtenances and the responsibility and duties of the Association for maintenance and repairs shall be
Nailed to the Common Area. The Owner of any Lot shall, at his own expense, maintain his Lot and
dwelling, and any and all appurtenances thereto in good order, condition and repair and in a clean, sightly
and sanitary condition at all times; provided, further, if such maintenance is not properly performed by any
Owner, the Association shall have the right to perform such maintenance and assess the Owner for the
cost of the same: provided, however, the Association shall afford the Owner reasonable notice and an
opportunity to rectify the situation prior to entry.
Section 2.
Special Maintenance Assessments in addition to the regular maintenance
assessments authorized by This Article, the Association may levy in any assessment year a special
maintenance assessment or assessments, applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction, extraordinary repair o-r replacement of a
capital improvement located upon, or forming a part of the Common Area, improvements and facilities
thereon
7
LIBER 4005 FOLIO O467
including the necessary fixtures and personal property related thereto, or for such other purpose as the Board
of Directors may consider appropriate, provided, however, that any such assessment shall have the assent
of the Members representing a majority of the then Class A members of the Association and a majority of the
then Class B members of the Association. A meeting of the Members shall be duly called for this purpose
The Association may also levy a special maintenance assessment against any Member to reimburse the
Association for costs incurred in bringing a Member and his Lot into compliance with the provisions of this
Declaration (including any supplements or amendments hereto), the Articles of incorporation or By-Laws of
the Association, and any Rules or Regulations promulgated by the Association. Such special maintenance
assessment may only be levied upon an affirmative vote of the Board of Directors and after a notice and
opportunity for a hearing has been provided to the Member.
Section 3.
Reserves for Replacements, The Association shall establish and maintain a reserve
fund for repairs and replacements of the Common Area, improvements and facilities thereon by the allocation
and payment monthly to such reserve fund of an amount to be designated from time to time by the Board of
Directors, but in no event to be less than ten percent (10%) of the annual maintenance assessments set forth
in this ARTICLE V. Such fund shall be conclusively deemed to be a common expense of the Association and
may be deposited with any banking institution, the accounts of which are insured by any State or by an agency
of the United States of .America or may, in the discretion of the Board of Directors, be invested in obligations
of, or fully guaranteed as to principal by, the United States of America.
The rescue for replacement of the Common Area, improvements and facilities thereon may be
expended only for the purpose of affecting the replacement of the Common Area, improvements and facilities
thereon, major repairs, equipment replacement, and for start-up expenses and operating contingencies of a
non-recurring nature relating to the Common Area, improvements and facilities thereon The Association may
establish such other reserves for such other purposes as the Board of Directors may from time to time
consider to be necessary or appropriate the proportional Interest of any Member in any such reserves shall
be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned or transferred or
otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot.
Section 4.
Maximum Annual Maintenance Assessments. The initial maximum annual
maintenance assessment for each of the Lots to which Class A. membership is appurtenant shall not exceed
the sum of One Hundred Twenty Dollars ($120.00) per annum. Except as provided to the contrary in
ARTICLE VI, Section 2, the annual maintenance assessment shall be levied at a uniform rate for each Lot
to which Class A. membership is appurtenant;
Section 5.
Increase in Maximum Annual Maintenance Assessment
(a)
From and after January 1, 2006, the maximum annual maintenance assessment for
all Class A memberships hereinabove provided for may be increased by the Board of Directors of the
Association, without a vote of the Class A membership, by an amount equal to ten percent (10%) of the
maximum annual assessment for the preceding year plus the amount by which any ad valorem real estate
taxes and casualty and other insurance premiums payable by the Association have increased over amounts
payable for the same or similar items for the previous year.
(b)
From and after January 1, 2005, the maximum annual maintenance assessment for
all Class A memberships hereinabove provided for may be increased above that established by the preceding
paragraph by a vote of the Members, as hereinafter provided, for the next succeeding year, and thereafter,
at the end of such year, for each succeeding yean any increase in maintenance assessments made pursuant
to this paragraph shall have the assent of a majority of the then Class A members of the Association and a
majority of the then Class B members of the Association A meeting of the Members shall be duly called for
this purpose.
-8-
ARTICLE VI
Commencement of Annual Assessments
Section 1
Commencement of Annual Assessments for Class A. Members Except as may be
otherwise resolved by the Board of Directors of the Association, the annual maintenance assessment for each
Class A membership shall commence on the date a deed for the Lot to which such Class A membership is
appurtenant is delivered by the Developer to the Member, The first monthly installment of each annual
assessment shall be made for the balance of the month during which a deed for the Lot is delivered to the
Member and shall become due and payable and a lien on the date a deed for the Lot is delivered to the
Member. Except as herein elsewhere provided, the monthly installments of each such annual assessment
for any Lot for any month after the first month shall be due and payable on the first day of each successive'
month.
Section 2
Assessment of Developer. Anything in this Declaration to the contrary
notwithstanding, any regular or special assessment levied by the Association for any Lot without an occupied
dwelling held by the Developer or by the maker of any Supplementary Declaration made pursuant to ARTICLE
II of this Declaration shall be in an amount equal to twenty-five percent (25%) of the assessment levied by the
Association against Lots held by the Class A members. Developer Lots upon which an occupied dwelling is
situated shall pay full assessments. Assessments for Lots held by the Developer shall commence upon the
transfer of title to the first Lot described in Exhibit A, and shall commence upon the recordation of any
Supplementary Declaration with respect to Lots described therein.
Section 3.
Exempt Property. No portion of the Common Area shall be subject to assessment
of any kind by the Association.
ARTICLE VII
Remedies of Association for Non-Payment of Assessments
Section 1.
Non-Payment of Assessments. Any assessment levied pursuant to this Declaration.
or any installment thereof, which is not paid on the date when due shall be delinquent and shall, together with
interest thereon and the cost of collection thereof, as hereinafter provided, thereupon become a continuing
lien upon the Lot or Lots belonging to the Member against whom such assessment is levied and shall bind
such Lot or Lots in the hands of the then owners, their heirs, devisees, personal representatives and assigns;
provided, however, that the requirements of the Maryland Contract Lien .Act have been substantially fulfilled.
The personal obligation of the Member to pay such assessment shall, in addition, remain his personal
obligation for the statutory period and a suit to recover a money judgment for non-payment of any assessment
levied pursuant to this Declaration, or any installment thereof, may be maintained 'without foreclosing or
waiving the lien herein created to secure the same.
Any assessment levied pursuant to this Declaration, or any installment thereof, which is not paid within
ten (10) days after it is due, shall bear interest at the rate of ten percent (10%). and the Association may bring
an action at law against the Member personally obligated to pay the same, or foreclose on-the lien against the
Lot or Lots then belonging to said Member in the manner now or hereafter provided for the foreclosure of
mortgages, deeds of trust or other liens on real property in the State of Maryland containing a power of sale
and consent to a decree, and subject to the same requirements, both substantive and procedural, or as may
otherwise from time to time be provided by law, in either of which events interest, costs and reasonable
attorneys fees of not less than twenty percent (20%) of the sum claimed shall be added to the amount of each
assessment,
To the extent requested in 'writing to do so by any such mortgagee, the Association shall notify the
holder of the first mortgage on any Lot for which any assessment levied pursuant to this Declaration becomes
delinquent for a period in excess of sixty (SO) days and in any other case where the Owner of such Lot is in
9
default with respect lo the performance of any other obligation hereunder for a period in excess of sixty (60) days,
but any failure to give such notice shall not affect the validity of the lien for any assessment levied pursuant to this
Declaration, nor shall any such failure affect any of the priorities established in this Article.
Section 2
Acceleration of Installments Upon default in the payment of any one or more
Monthly Installments of any assessment levied pursuant to this Declaration She entire balance of said assessment
may be accelerated at the option of the Board of Directors and be declared due and payable in full.
Section 3.
Priority of Lien. The lien established by this Decoration shall have preference over
any other assessments, liens, judgments or charges of whatever nature, except the following:
(a) General and special assessments for ad valorem real estate taxes on the Lot, and
(b) The liens of any deeds of trust, mortgage instruments or encumbrances duly
recorded on the Lot prior to the assessments provided for in this Declaration or duly recorded on said Lot
after receipt of a written statement from the Board of Directors reflecting that payments on account of any
such assessments were current as of the date of recordation of said deed of trust, mortgage Instrument or
encumbrance.
Notwithstanding any other provision of this Declaration to the contrary, the lien of any Assessment levied pursuant
to this Declaration upon any Lot. as in this Article provided, shall be subordinate lo the lien of any deed of trust,
mortgage or other encumbrance duly recorded on such Lot and made in good faith and for value received and shall
in no way affect the rights of the holder of any such deed of trust, mortgage or other encumbrance; provided,
however, that such subordination shall apply only to assessments, and installments thereof, which have become
due and payable prior to a sale or transfer of the Lot pursuant to a foreclosure of such deed of trust, mortgage or
other encumbrance, or any deed, assignment or other proceeding or arrangement in lieu of foreclosure. Any holder
of any deed of trust, mortgage or other encumbrance duly recorded on the Lot and made in good faith and for value
received who comes into possession of the Lot pursuant to foreclosure of such deed of trust, mortgage or other
encumbrance, or any deed, assignment or other proceeding or arrangement In lieu of foreclosure, and any other
purchaser. A foreclosure sale, shall take the Lot free of any claims for unpaid maintenance assessments levied
against the Lot which accrue prior to the time such holder comes into possession of the Lot or prior to the
foreclosure sale, except for claims for a proportionate share of such unpaid maintenance assessments resulting
from a reallocation of such unpaid maintenance assessments among the Lots upon the Property. Such foreclosure
deed, assignment or other proceeding or arrangement in lieu of foreclosure shall not, however, relieve the
purchaser at any foreclosure sale from any liability for any maintenance assessments thereafter becoming due, or
from the lien herein created to secure the payment of such maintenance assessments, which said lien if any
claimed, shall have the same effect and be enforced in the same manner as provided herein. No-amendment to
this Section shall affect the rights of the holder of any first mortgage on any Lot (or the indebtedness secured
thereby) recorded prior to recordation of such amendment unless the holder thereof (or the indebtedness secured
thereby) shall join in the execution of such amendment.
The Board of Directors may, in its sole and absolute discretion, extend the provisions of this Section
to the holders of mortgages (or in the indebtedness secured thereby) not otherwise entitled thereto.
ARTICLE VIII
Architectural Control
Section 1.
The Design Review Board. A Design Review Board consisting of three or more
persons shall be appointed by, and serve at the pleasure of, the Developer. At such time as the Developer's
rights and obligations under this Declaration cease, the Design Review Board shall be appointed by the Board
of Directors. Members of the Design Review Board may be nonmembers of the Association.
10
LIBER 4005
FOLIO 0470
Section 2.
Purpose The Design Review Board shall regulate the eternal design, appearance
use, location and maintenance of the Proper and of Structures thereon in such a manner so as to preserve
and enhance values and lo maintain a harmonious relationship among Structures and the natural vegetation
and topography. The Design Review Board shall have no authority regarding the design, grading and
landscaping plans, house selection or location upon construction, with such rights being solely retained by the
Developer.
Section 3.
Conditions and Prior Approval. Other than as approved by the Developer pursuant
to Section 2 hereof, no Structure shall be commenced, erected or maintained on any Lot nor shall the exterior
appearance of any Structure on any Lot be changed or altered from that as approved, nor shall the natural
state of any area of any Lot be disturbed or altered after completion of the approved Structure, nor shall any
work be commenced or performed which may result in a change of the exterior appearance of any Structure.
until the plans and specifications showing the nature, kind, shape, dimensions, materials, floor plans, color
scheme, location, exterior plans and details, paving plans and location, landscaping details, proposed
topographical changes, together with the estimated cost of said work and the Owner's proposed construction
schedule, and together with a designation of the party or parties to perform the work have been submitted to
and approved in writing by the Design Review Board.
Section 4.
Procedures
(a) The Owner shall submit to the Design Review Board in care of Aspen Property
Management, P. O. Box 858, Elkton, Maryland 21922, Tel. 410-620-2598, Fax 410-620-7078 in writing, sent by
certified mail, return receipt requested, an application containing a detailed statement of the proposed changes or
improvements to any Lot or to the exterior of the dwelling, describing or showing the nature, kind, shape, height,
materials 'and locations of the changes or improvements to be made. All details and information required by the
Design Review Board must be supplied in the Owner's application to the Design Review Board. The name, address
and home and business phone numbers must be included. Incomplete applications will be returned to the
Owner and will not be deemed received by the Design Review Board as specifically set forth in the procedures
for making applications.
(b) All applications shall be deemed received by the Design Review Board on the date of the
actual receipt of a complete application. All applications shall be acted upon by the Design Review Board
within forty-five (45) days after complete written plans and specifications have been received by it. The Design
Review Board shall have the sole discretion to determine when an application is complete. Incomplete
applications may be disapproved for that reason alone.
(c) The Design Review Board may disapprove any application for one or following reasons.
(1) That the request is contrary to any restriction of this Declaration or any public law
or regulation.
(2) Objection to the exterior design, color, appearance or materials to be used in the
Improvements.
(3} Objection lo the location of the improvement on the Lot as it would relate to other
Lots or uses in the vicinity.
(4) Objection to the color, finish, proportion, style of architecture, height, bulk or
appropriateness of the improvement,
(5) For any other reasons which would interfere with the harmonious relationship
among existing or proposed structures, the natural vegetation and topography of the
community or which adversely affects property values in the vicinity of the improvement.
11
(d) The Owner shall be promptly notified in writing, by the Design Review Board of its
decision within ten (10) days of its decision. The written notice of the decision shall state the nature of the
request, (he reasons for the decision, and whether the application has been approved or disapproved.
(e) In the event the Design Review Board fails to act on an application within forty-five (45)
days after receipt of a completed and acceptable application by the Design Review Board, the request shall
be deemed to be approved, except that an application which contains a request which is contrary to the Use
Protective Covenants set forth in ARTICLE IX. Section 1, shall not be deemed approved under any
circumstances. The ten-day notice provision set forth in (d) above is In addition to the forty-five (45) day period
during which the Design Review Board must act.
(f) No work shall be commenced by the Owner until written Design Review Board approval
has been received by the Owner or the expiration of the forty-five (45) day period and the ten (10) day period
set forth in the preceding paragraphs.
(g) All work approved by the Design Review Board shall be commenced within three (3)
months of the date of the approval and completed within six (6) months thereafter and failure to do so will
cause the approval to be null and void and of no further force and effect.
Section 5.
Rules. The Design Review Board may adopt uniform rules for the regulation of
fences, walls, accessory buildings, and all other site alterations for-which the Design Review Board finds that
uniform rules can be formulated. The rules may vary for different types of housing units or different areas, but
shall apply uniformly to Lots or units within the class or area so designated.
Section 6.
Enforcement.
(a) The Design Review Board shall conduct periodic walk-through of the community for the
purpose of determining if there exists any violations of the Declaration, and, if adopted, the Rules and
Regulations.
(b) In the event an Owner is in violate such, Owner will be notified, in writing, by the Design
Review Board of the specific violation. The "violation notice" shall state the specific violations and state that
the Owner has thirty (30) days in which to correct the violations,
(c) If the Owner fails to correct the violations, the Design Review Board may, in the interest
of the genera! welfare of all Owners of Lots, enter upon any Lot or the exterior of any dwelling at reasonable
hours on any day except Sunday for the purpose of removing or correcting any violations or breach of any
attempted violation of any of the covenants and restrictions or rules and regulations herein promulgated, or
for the purpose of abating an/thing herein defined as a prohibited use or nuisance, provided, however, that
no such action shall be taken without prior approval of the Board of Directors of the Association, and prior
notice to the Owner in violation.
(d) In addition, the association may exercise all rights and remedies provided it by law, and
in the event that the Association shall employ an attorney to enforce such rights and remedies, the Owner
shall pay all reasonable attorney fees.
Section 7.
Building Permits. In addition to the requirements set forth in this Article, the Owner
shall obtain the requisite building permit from Harford County, Man/land.
12
ARTICLE IX
Declaration of Covenants, Conditions and Restrictions
Section 1.
Protective Covenants. In addition to all of the covenants contained herein, the use
of the Property and each Lot therein is subject to the following
(a) Residential Use. Except as otherwise provided for herein, no Structure shall be erected,
altered, placed or permitted to remain on any Lot upon the Property other than one (1) residential dwelling unit
which may be physically attached to one or more other dwelling unit fifty percent (50%) or more of which shall be
above ground level, for the sole use of the respective owners. All dwellings shall be used for private
residential purposes exclusively and professional offices are prohibited from being maintained in or about a
dwelling. The term "professional office" shall mean rooms or portions of the dwelling being used for office
purposes for one or more members or employees of any recognized profession including, but not limited to
doctors, dentists, lawyers, architects, accountants, beauticians and insurance agents. No dwelling or portion
thereof shall be used as a children's day care center. This provision shall not apply to the Developer or its
assigns during the construction and development of this Development.
(b) Restrictions on Further Subdivision No Lot upon which a dwelling unit has been
constructed shall be further subdivided or separated into smaller Lots by any Owner, and no portion less than
the whole of any such Lot shall be conveyed or transferred by an Owner, provided that this shall not be
construed to prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective
instruments.
(c) Minimum Size Requirements and Construction Requirements. Any dwelling unit erected
or maintained on any Lot upon the Property shall meet the following minimum requirements as to size
exclusive of porches, basements, unfinished attics, breezeways, or garages:
(1) One-story Unit: 1580 square feet of finished habitable floor area
(2) Two-story Unit: 1620 square feet of finished habitable floor area
(3) One and one-half story Unit or Cape Cod Unit: 1620 square feet of finished
habitable floor area, the first floor of which shall consist of at least 1000 square feet, and
(4) Bi-level Unit or Split Foyer Unit: 1200 square feet of finished habitable floor area
located on the main floor area.
(d) Fences. Any fence constructed on the property shall be wood and either solid board or
split rail or similar type fencing or as set forth in rules established pursuant to ARTICLE VIII, Section V hereof,
but in no event may any fences be chain link, barb wire, wire mesh, or any similar type fencing. Prior to
erection of a fence, the Owner must make a written request for review and approval of the fence location, and
style by the Design Review Board as, provided for in ARTICLE VIII hereof. No fence shall extend in front of
the rear building line of any dwelling. No fence running along a side yard may exceed four (4) feet in height
and no fence running along the rear yard may exceed six (6) feet in height
(Per Keith Mills, MRA) – Vinyl Fences are allowed since 02-24-2004, certain metal fences are also allowed if
approved.
(e) Swimming Pools. Only one (1) private, in-ground, noncommercial swimming pool may be
constructed or maintained on any Lot provided the plans, specifications and location thereof have first been
submitted to and approved in writing by the Design Review Board, except that such pool, including fences
hedges, perimeter tilling- or paving and other ornamental or functional appurtenances thereto shall be
constructed in the rear of the dwelling unit on the site.
(1) No swimming pool shall be erected or maintained by any person or persons,
corporation or association, on any Lot unimproved by a dwelling unit.
-13-
(2) No such swimming pool, together with all of the fences, hedges, perimeter tilling,
paving and all of the ornamental and functional appurtenances thereto, shall be constructed or maintained
in a location on the rear of the Lot such as will, in the opinion of the Design Review Board, make [{undesirable
or objectionable to the adjoining Lot Owners.
(3) Furthermore, at no time shall any such private swimming pool constructed and
maintained on the Property be rented or leased to any person or persons, corporation or association. Each
such private swimming pool shall be constructed and maintained solely for the use and enjoyment of the
Owner or Owners thereof and their guests.
(f) Trash. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other
waste. The burning of trash shall not be permitted on any Lot. Trash and garbage containers shall not be
permitted to remain in public view except on days of trash collection and they shall be kept in a clean and
sanitary condition.
(g) Vehicle. No junk vehicle, commercial vehicle, travel trailer, trailer, house trailer, mobile home,
recreational vehicle, camper, camp truck, boat, or the like shall be kept on any street within the Cokesbury
Manor Subdivision or upon any Lot unless it is placed in a garage and thereby not visible
(h) Structures. No 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. Per a vote of the Board of Directors
in April 2007, Sheds are restricted to Max size of 160 Sq. Ft. with a Max height of 10 feet to the shed roof
peak
(i) Signs. No signs of any character shall be erected, posted or displayed upon, in or about any
Lot or dwelling situate upon any Lot, 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. Upon settlement or rental of the property so advertised, the real estate sign must be
immediately removed.
(j) Antenna. After the installation of cable television on the Property, no external television or
radio aerial or antenna for reception or transmission of television signals shall be constructed or
maintained on any Lot at any time, except that satellite dish receiver under 39 inches in diameter,
may be constructed or maintained on a Lot. Prior to erection of a satellite dish receiver, the
Owner must make a written request for review and approval of the location of the satellite dish
receiver by the Design Review Board as provided for in ARTICLE VIII hereof. The Design
Review Board shall use its best efforts to promptly review the request.
(k) Landscaping. No structure, planting or material other than driveways or sidewalks shall be
placed or permitted to remain upon any lot which may damage or interfere with any easement for the
Installation or maintenance of utilities, or 'which may change, obstruct or retard direction or flow, of any
drainage channels.
(i) Lease of Lot. Any lease agreement between an owner and a lessee shall provide that the
terms of this lease are subject in all respects to the provisions of this Declaration, any appropriate
Supplemental Declaration, the Articles of Incorporation and By-Laws of the Association, and that
any failure of the lessee to comply with the terms of such documents shall be a default under the
lease. Ail leases shall be in writing and for a minimum lease term of six (6) months.
(m) Nuisances. No nuisance shall be permitted to exist or operate upon any Lot so as to be
detrimental to any other property in the vicinity thereof or to its occupants.
(n) Noxious Activities. No noxious or offensive trade or activity shall be carried on upon any Lot or
within any dwelling situate on a Lot, nor shall anything be done therein or hereon which may be or
become an annoyance or nuisance to the neighborhood or to other Owners of Lots.
14
(0) Animals. The maintenance, keeping, boarding and/or raising of animals, restock or
poultry of any kind, regardless of the number, shall be and is hereby prohibited on any Lot or within any
dwelling situate on any Lot, except for domestic pets such as dogs, cats and caged birds, provided that they
are not kept, bred or maintained for commercial purposes. Notwithstanding the above, no dwelling and Lot
may have kept in, on or around them more than two (2) dogs or cats. No animal shall be permitted to run free
or be kept tied or chained outside of the dwelling for an extended period of time, nor shall it create any
annoyance or nuisance to the neighborhood or any other Lot Owner. The Board of Directors shall have the
right to adopt such additional rules and regulations regarding animals as it may from time to time, consider
necessary and appropriate.
(p) Driveways. Any driveway or parking pad erected or maintained on any Lot upon the
Property shall be constructed of concrete.
(q) Garages Any dwelling unit erected or maintained on any Lot upon the Property shall have
a garage attached to the dwelling unit and shall be of sufficient size to accommodate two standard passenger
vehicles. Garages may not be converted into residential living quarters.
(r) Planting and Shrubbery. For traffic safety purposes, no trees or shrubbery shall be
planted or allowed to remain on any Lot upon the Property within eleven (11) feet from the outer curb line.
Every Lot upon the Property shall be sodded from the outer curb line to a minimum of five (5) beyond the rear
of the outer most part of the main dwelling unit.
(s) Natural Resource Districts. Areas designated as Natural Resource Districts on any Plat
of Cokesbury Manor shall remain undisturbed except for road, storm water management, and utility
construction as approved by Harford County, Maryland.
Section 2. Maintenance of Property. Each Owner shall keep all Lots owned by him, and al!
improvements therein or thereon, in good order and repair and free of debris, including but not limited to, the
seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting
(or other appropriate eternal care) of all buildings and other improvements, ail in a manner and with such
frequency as is consistent with good property management.
Section 3.
Utility Easements. There is hereby created utility easements as shown on any Plat
of Cokesbury Manor upon, across, over, through, and under the above-described premises for ingress
egress, installation, replacement, repair, and maintenance of ail utility and service lines and systems including
but not limited to, water, sewers, gas, telephone, electricity, television, cable or communication lines and
systems. By virtue of such easements, it shall be expressly permissible for the Developer or the providing
utility or service company to install and maintain facilities and equipment on said property, to excavate for such
purposes and to affix and maintain wires, circuits, and conduits on, in and under the roofs and exterior wails
of said residences providing such company restores disturbed areas to the condition in which they were found.
These easements shall in no way affect any other recorded easements on said premises. After the
conveyance of the Common Area affected by the easement to the Association, it shall have the exclusive
power to grant or convey utility easements upon, across, over, through and under such Common Area.
whether general or limited, for the construction of any utility lines or systems lo serve the Property.
Section 4.
Landscaping Lawn Care, Snow and Trash Removal Easements In the event it
elects to do so, the Association is hereby granted easements upon, across, over, and through the Lots as
shown on any Plat of Cokesbury Manor for ingress, egress, and maintenance of such Lots for landscaping,
lawn care, snow and trash removal.
Section 5
Developer's Easement to Correct Drainage. For a period often [10) years from the
date of conveyance of the first Lot in the Property the Developer reserves a blanket easement and right on,
over and under the ground within the Property to maintain and to correct drainage of surface water in order
to maintain reasonable standards of health, safety and appearance. The Developer further reserves the right
15
and easement to adjust curb boxes and sewer cleanouts until they are accepted by Harford County into its
system. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any gradings of
the soil, or to take any other similar action reasonably necessary, following which the Developer shall restore
the affected proper to its original condition as near as practicable The Developer shall give reasonable
notice of intent to take such action to all affected Owners, unless, in the opinion of the Developer, an
emergency exists which precludes such notice. This provision shall not be construed as an agreement by the
Developer to undertake any such work.
Section 6.
Additional Rights of the Developer In view of the fact that the construction, of the
Developer's development is one which will take the Developer several years to complete, the Developer, in
addition to all rights reserved to it under this Declaration, and notwithstanding any other provision of the
Declaration specifically reserves the right to use any and all portions of the Property other than those Lots
conveyed to Owners, including Common Area which may have previously been conveyed to the Association
for all reasonable purposes necessary or appropriate to the full and final completion of construction of the
Cokesbury Manor development. Specifically, none of the provisions concerning Architectural Control or Use
Restrictions, including but not limited to: sign, fence, model homes or real estate office limitations, shall in any
way apply to any aspect of the Developer's activities or construction, and notwithstanding any provisions of
this Declaration, none of the aforesaid construction activities or any other activities associated with
construction, sales management or administration of the Cokesbury Manor development shall be deemed
noxious, offensive or a nuisance. The Developer reserves the right to store materials, construction debris and
trash during the construction period on the Property without keeping same in containers. The Developer will
take reasonable steps to avoid unduly interfering with the beneficial use of the lots.
ARTICLES
Management
Section 1.
Management Agent, The Board of Directors may employ for the Association a
professional management agent or manager (the “Management Agent") at a rate of compensation established
by the Board of Directors to perform such duties and services as the Board of Directors shall from time to time
authorize in writing. The Management Agent shall perform such duties and services as the Board of Directors
shall authorize in voting, if the standards and regulations of FNMA and/or FHLMC prohibit self-management
by the Association and FNMA and/or FHLMC holds an interest in a first mortgage or deed of trust against any
of the Lots, then no such self-management shall be undertaken by the Association, without the prior written
consent and approval of all of the holders of the first mortgages of record on the Lots.
Provided that any Lot subject to this Declaration is then encumbered by a deed of trust or mortgage
which is Insured by the Federal Housing Administration or guaranteed by the Veterans' Administration, and,
provided further, that FHA and/or VA standards and regulations prohibit self-management of the Association,
then no such self-management shall be undertaken by the Association without the prior written consent and
approval of FHA or VA, as the circumstances may require.
Section 2.
Duration of Management Agreement, Any management agreement entered into by
the Association shall provide inter alia that such agreement may be terminated for cause by either party upon
thirty (30) days' written notice thereof to the other party. The term of any such management agreement shall
not exceed one (1) year; provided, however, that the term of any such management agreement may be
renewable by mutual agreement of the parties for successive one (1) year periods.
Section 3.
Limitation of Liability. The Association shall not be liable for any failure of any
services to be obtained by the Association or paid for out of the common expense funds, or for injury or
damage to person or property caused by the elements or resulting from water which may leak or flow from
any portion of the Common Area, or from any wire, pipe, drain, conduit or the like. The Association shall not
be liable to any member for loss or damage, by theft or otherwise, of articles which may be stored upon the
Common Area. No diminution or abatement of assessments, as herein elsewhere provided for, shall be
-16-
LIBER 4005
FOLIO 0476
claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the
Common Area, or from any action taken by the Association to comply with any of the provisions of this
Declaration or with any law or ordinance or with the order or directive of any municipal or other governmental
authority.
ARTICLE XI
General Provisions
Section 1
Enforcement. The Association, and/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.
Section 2.
Severability.
Invalidation of any one of these covenants or restrictions by judgments
or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 3.
Duration and Amendment. The covenants and restrictions of this Declaration shall
run with and bind the land, for a term of Twenty ('20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive periods of five (5) years. The Declaration may
be amended during the first twenty (20) year period by an instrument signed by the Developer, if the Developer
owns any lot, and by not less seventy-five percent (75%) of the other Records Owners, and if the Developer
does not own any lot. or after the first twenty (20) year period, by not less than seventy-five percent (75%) of
the Owners. Any amendment must be recorded in the Land Records of Harford County and shall take effect
immediately upon recordation.
Anything set forth in the paragraph immediately above the contrary notwithstanding, the Developer
shall have the absolute unilateral right, power and authority to amend, modify, revise or change any of the
terms or provisions of this Declaration all as from time to time amended or supplemented. This unilateral
right, power and authority of the Developer may be exercised only if the FNMA, GNMA, FHLMC, Veterans
Administration, or the Federal Housing Administration or any successor agencies thereto shall require such
action as a condition precedent to the approval by such agency of the United States of the Property or any
part thereof or of any Lot thereof, for federally approved mortgage financing proposed under applicable
Veterans Administration, Federal Housing Administration or similar programs. If the FNMA, GNMA, FHLMC
Veterans Administration, the Federal Housing Administration or any successor agency approves the Property
or any part thereof or any Lot thereon for federally approved mortgage financing purposes, thereafter any
amendments to the Declaration made during any period of time when there are Class B Members shall also
require the prior consent of the agency, giving such approval.
Section 4.
Federal Housing Administration and Veterans Administration Approval. As long a there
is a Class B member and if any lot is security for a mortgage or deed of trust insured by the Federal Housing
Administration or guaranteed by The Veterans Administration, the following actions will require the prior
approval of the Federal Housing Administration and/or The Veterans Administration, as the case may be:
dedication of Common Area to the Public; amendment of this Declaration of Covenants and Restrictions
except by the fling of a Supplemental Declaration of Covenants; if development of the land described in the
Supplemental Declaration is to take place in accordance with any plans which may have previously been
approved by the Federal Housing Administration or the Veterans Administration; or a change in the Use
Restrictions as set forth in ARTICLE IX (governed by the provisions of that ARTICLE); abandonment or
termination of this Declaration or merger or consolidation of the Association with any other entity or the sale,
lease or exchange or other transfer of all or substantially all of the as-sets of the Association to any other entity;
or dedication, conveyance or mortgage of the Common Area.
17
WARD
FREDERICK
ASSOCIATES,
INC.
~NGINCEf1S
ARCHITf.CTS
SURVEYORS
November 21, 2001
7.4800 Acre Parcel of Land to be Conveyed by Robert W. Morrison and Helen E.. Morrison located
near Abingdon Road. P!rst Election District, Harford County. Maryland
BEGINNING for the same at a slate stone heretofore set. at the beginning of the fIfth or
North 83~o West 38 9/10 perches line of that tract or pared of land conveyed by Herbert E. Radke
to Robert W. Morrison and Helen E. Morrison. his Wife by a deed dated August 4, 1966 and
recorded among the land records of Harford County in Liber GRG 718, folio 442. Said point of
beginning also bears coordinates, referenced to the Maryland Coordinate System of North
652195.8825 and East 1516025.7154. Thence, trom the point of beginning. binding on said fifth
course and bInding reversely on the eighth or South 85°11' East 641.85 feet line of that tract or
parcel of laru1 conveyed by Numio Amedoro to Gerard M. Amedoro and Dennis R. Amedoro by a
deed dated March 5, 1981 as recorded among the land records of Harford County in Liber HDC
1139. folio 133,
1) South 86~7' 48 tr West 642.93 feet to an angle iron heretofore set at the end of the said
f1fth course of the conveyance unto Mornson and the begInning of the eigbth course of the
conveyance unto Amedoco. Thence, running through and across the land of Morrison. for a new
line of division,
ft
2) South 31°03' 18 East 1142.88 feet to intersect the fourth course of the aforesaid
conveyance unto Morrison and the westerly outline of that tract or parcel of land conveyed by
Clement K Sewell and Walter W. Preston. trustees to William H. Sewell and Mary S. Sewell, hjs
wire by a deed dated January 7, 190j as recorded among the land records of Harford County in
Llhcr WSF 108, follo 105. Thence. hi nding on a part of said fourth course of" the conveyance unto
Morrison and on the westerly outline of the conveyance recorded in Liner WSF lOR, folio 105,
3) North 02
Q55'46"
East 1020.07 feet to the point of beginning hereof.
CONTAINING 7 .4800 acres (325829 square feet) of land, more or less.
YLANO
JMBIA
BEING a part of that tract or parcel of land conveyed by Herbert E. Radke to Robert W.
Morrison and Helen E. Morrison, uis wife by a deed dated August 4, 1966 and recorded among [he
land records of Harford County in Liber GRO 718, folio 442.
lENTON
EXHIBIT B
P.o. Sox 7'27,5 Soutt, Main Street. Sal Air. Maryl~nd 2'0'4-0727
Oh,..,nl" , -11n...R7Q.?nQf't . J111"1 n~R_70t"\f't . ~2'V' d1".AO"".1'?1.1" . T,,,rr t="ac n,rf~irlD l\An
a
'~H4 0 5 f[UOO 482
QaQ.A7'O_~lo:;nn
FREDERICK
NGINEEA S
WARD
I
ASSOCIATES ,
INC.
,RCHITEC rs
UAVEYORS
November 21, 2.001
125 .3258 Acre Pared of Land to be Conveyed by Howard K. McComas, et al, Located on
Abingdon Road, First Election District. Harford County, Maryland
BEGINNING for !he same at a point at !he beginning of the second course of that tract or
parcel of land conveyed by William K Sewell and Virginia S, Sewell, his wife, et al to Baltimore
Gas and Electric Company by a deed dated September 24, 1969 as recorded among the land records
of Harford COUDty in Libcr GRG 826, follo 400 where said course lnUnects the sixth or North 20°
West 760 feet line of that tract or parcel of land conveyed by Clement K Sewell and WaIter W .
Preston. trustees to WillWn H. Sewell and Mary S. Sewell, hls wife by a deed dated January 7,
1903 as recorded among the land records of Harford County In L11Jer WSF 108, folio 105 . Said
point of beglnning also bears coordinates. referenced to the Maryland Coordinate System of North
651020.4467 and East 1515973 .5972. Thence, from the point of beginning, leaving the second
course of the conveyance unto the Baltimore Gas m:1 Electrie Company and binding on a part of
the thlrd course and on the fourth course of that tract or parcel of land conveyed by Herbert-E.
Radke to Robert W. Morrison and Helen E. Morrison by a deed dated August 4, 1966 as recorded
among the land records of Harford County in Liber GRG 718. folio 442, two courses, as now
surveyed.
.
1) North 26"05'14" West 16.54 feet,
2) North 02°55'46" East 1,162.10 feet to a slate stone heretofore set at the end of said
fourth course. 1bence, leaving the outlines of the conveyance unlo Morrison and binding on a part
of the ninth or North 11·06' East 1320.0 feet line of that tract or parcel of land conveyed by
Nunzio Amcdoro to Gerard M. Amedoro and Dennis R. Amedoro by iI deed dated March 5, 1981
as recorded among the land records of Hartord County in LIber HDC 1139. folio 133,
3) North 02"55'46" East 1,294.05 feet to Intersect the tltth or North 61°4()' East 284 .0
feet line of that tract or parcel of land conveyed by Jerome R. Shropshire, Sr . to Jerome R.
JrY'lANO
L AIR
Shropshire, Sr . and Annette Shropshire by a deed dated May 26, 1999 as recorded among the land
recor ds of Harford County in Libcr CGH 3061, folio 530. Said point lies South 70°25 '35" East
94 .46 feet from a W ' iron pipe heretofore set at the end of said fifth course. Thence binding
reversely on a part of tile said filUl course and on a part of the fourth course or the said conveyance
unt o Shropshire,
LU"SIA
4) South 70·25 '35 "
EB..~
189.45 feet to
an Iron pin beretofore
SCI:
(with identifying cap
' KLS' ),
RAEN'TON
5) North 20°50' 54" East 211.49 feet to Intersect the ninth c(" South 62W East 284 feet
line of the aforesaid co nve yance recorded in Liber WSF 108, folio 105 at a point lying Suuth
n
Gll 4 8' OT East 17ll. J I feet from a W ' iron pipe ncrcrororc set at the beginning of said ninth course
as depi cted on an unrecorded plat entitled "Plat at Family Property of Wm H. Sewell & Hattie S .
Sew ell " as prepared by Jerry A. NO lan January 2M. 1958. Thence. binillng on a part of 5aid ninth
r>.0
B(l~
7 2 7 . 5 S o u lh Main St r.. "I. 89' Ai r. Maryland 21 014-07 27
'3 4005 F8L100 4 83
I 25.3258 Acre Parcel of Land
November 21. 2001
Page 2
course and on the southwesterly outline of Lot 62 as shown on a plat entitled" A }>Ian of Town of
Abingdon, Layd Out June 1779" as recorded among the land records of Harford COUItty in Libel'
JLG E . folio 302 ,
6) South 68°48'07" East 96.71 feet to a point lying South 21°48'37" West 257.13 feet
from a pin (With idCJltifying cap 'FWA4') heretofore set Tbeace, leaving the 0U1lines of the
property described in the aforesaid conveyance recorded in Liher WSF 108, folio lOS, and running
through and across said tract, for new lines of division. the nine following courses:
7) South 68°48'07" East 180.01 feet,
8) North 21°48'37" East 448.02 fed.
9) South 67"53'15" East 669.94 feet,
10) by a non-tangentcurve to the right. in a northe:lStttly direction, of radius 50.DO fed, an
arc distance 115.26 feet and subtended by a chord; North 88°09'06" East 91.38 feet to a poim of
reverse curvature,
II) by a tangent curve to the left. in a southeasta'ly direction, of radius 50.00 feel., an arc
distance of 34.10 feet and subtended by a chord; South 45"20'57" East 33.45 feet to a point of
reverse curvature
12) hy a tangem curve to the right. in a southea.sU:rlydirection, of ~ 517 .91 feet, an arc
distance of 49 .84 feet and subtended by a c:bord; Sooth 62"07'56" East 49.82 fed.
13) North 21°50'44" East 499.87 fed,
14) North 65°59'25" West 33.16 feet,
15) N<Xth 68°25'09" West 278.26 feet to Intersect the second or South 28°34' West 266. J
feet line of that tract or parcel of land conveyed by Howard Kennard McComas, ill and Alma V .
McComa.. and Nena S. McComas to Howard Kennard McComas. ill and Alma V. McComa.. by a
deed dated Apn122, 1985 as recorded among the land records of Harford County in Liber HDC
1267 , folio 119 at a point lying North 20"15'48" East 14.391Cct from a W' iron pipe heretofore set.
Thence, binding reversely on a part of said second course,
16) North 20°15'48" East 30.01 feet to intersect the center of the exisnng p&~ of
Abingdon Road. Thence, bindl.ng in the center of the ex.Isting paving of Abingdon Road and
parallel and thirty fed equi-dlstaJIlfrom the fi1teenIh and fourteelllh couraes descdbed hereln,
I7)South 68°25'09" East 279.58 feet,
125.325K Acre Parcel of Land
November 21,2001
Page 3
18) South 6.5°.59'25" East 209.47 feet. Thence, leaving the center of Abingdon ROad and
bInding reversely on the third and second courses of that tract or parcel of land conveyed by
William S. Sewell and Brooke S. Smith to Jarrett Neal Anderson and Kelly Lynn Anderson by a
deed dated March 12, 1991 as recorded among the land records of Harford County in Liber CGIl
1698, folio 151, three courses;
19) North 20°16'35" East 25.81 fed: to a~" iron pipe heretoforeset, and continuing
20) North 20 0 1 6 ' 3 5 u East 184.19 f~
21) North 65°59'25" West 209.47 feet to a granite stone heretofore set to intersect the
sixtecn1h or North 27° East 1165 feet line of the af(Xesaid conveyance recorded n Llber WSF 108.
folio 105 and, in pan reverselyon the tint or Soutl128°West 447.5 feet line of that tract cc parcel
of land conveyed by Larry R. Bank to Larry R. Bank and Michael P. Lynch by a deed dated April
14, 1992 as recorded among the land records of Harford County In Liber CGH 1811, folio 352 and,
In part, on the outJ1nes of that tract or parcel of land conveyed by Paul J. Redmond personal
Represcraattve ottheEstate of Hilda L. Cogswell to The Hilda L. Cogswell Trost by a deed dated
February 14, 1994 asrecorded among the land records of Harford County in Liber COH 2088, folio
473,
u
22) North 20°16'35" East, passing over, at 602.11 feet, a RA iron pipe haet.ofore set and
continutng, for a total dlstance of 921.12 feet to intersect the southerJy outline of those lots shown
on a plat entitled "PiDa1 Plat Four - Section I, Hidden Stream'" as recorded among the land records
of Harford County in Plat Book CGH 74, folio 90. ~ binding on said lots,
23) Soutn 69°30'18" East. passing over. at 114.07 feet, 203.38 feet and 296.80 feet, iron
or
for a total dlstanee
481. 23
iron pipe heretofore set. Thence, leaving the last mentioned lots and bindtng on the
outlines of the Open Space shown on a plat entitled uFinal Plat One - Section IV - Phase 1B &
Revised Final Plat Two - Section IT, HarfOfd Town" as recorded among the land records of Harford
County in Plat Book CGH 89. rouo 46,
pins (with identifying caps 'MRA') heretofore set and contmnlng,
feet to a
~.,
23) South 62 D52'07" East 90.74 feet to a ~., iron pipe heretofore set. Tbence, continuing to
bind on the last mentioned plat and on those late; shown on a plat entitled "Flnal Plat One - Section
JV - Phase 1C, Harford Town" as recorded among the land records or Harford County in Plat Book
CGH 98, folio 100.
24) South 21 u09'56" West 414.54 feet to a 3;.f1t iron pipe heretofore set. Thence, continuing
to bind on the last mentioned plat and on a plat entitled "Final Plat Two - Section IV - Phase 1B.
Harford Town" as recorded among the land records of Harford County in Plat Book CGH 89, folio
47,
25) South 70°21'01" East passing
OVt2'
at 260.16 feet an iron pin (with identifying cap
MRA') heret.ofore set and continuing for a total distance of 39L55 feet to a point lying North
70 n21'Ol" West 36.17 feet from an Icon pin (with irtentit)ing cap aMRA') heretofore set at the
southwesterly comer of Lot 350 as shown on the last mcnuoned plat. Thence, leaving the outlines
j
'~[f.4
005 fOUOO 485
125. 325M Acre Parcel of Land
November 21. 2001
Page 4
of the last mentioned lots and binding on the sixth and seventh courses ot that tract or parcel of land
conveyed by Belcamp Sand & Gravel Co.• Inc. to Henry A Sonberg, Lillian R. Sonberg, H.
Alexander Seaberg, Jr. and Gregory E. Sonberg by a deed dated January 28, 1974 as recorded
among the land records of Harford County in Uber HDe 945, folio 720,
26) South 24°03'59" West 744.72 feet to a
~tt
pin heretofore set, and continuing,
27) South 24°03'59" West 24.58 feet to a point in the center of the existing paving of
Sewell Road Thence, binding in the center of the paving of Sewell Ro4UL six courses;
28) North 66 045'27" West 90.63 teet to a point at the end of the fourth course of that tract
or parcel of land conveyed by Charles S. Sewell and Phoebe L. Sewell, et a1 to Jaaett Neal
Anderson and Irene Ruth Anderson by a deed dated December 21. 1964 as recocded UDODg the
land records of Harford County in Llbtt GRG 665, folio 124. Thence. reversely on said fourth
course,
29) North 64°41 '30" West 14.42 feet to the end of the seventh COUI'Be of that tract or parcel
of land conveyed by Charles S. Sewell aDd Phoebe L. Sewell, to Jarrett Neal ADda."son aDdIrene
Ruth Anderson by a deed dated August 31, 1964 as recorded among the land records of Harfcrd
County in Liber GRG 660, follo 296 at a poln1lylng North 39°12'30" East 27.36" teet from a~"
iron pipe heretofore set at the beginning of said seventh course. Thence, binding on tile tlgbth
through the eleventh coursesof sl:idconveyance,
30) North 67°00'30" West 49.29 feet,
31) North 60°10'30" West 189.41 f~
32) North 65°.51'30" West 159.10 feet,
33) North 74°19'38" West 102.18 feet to a point where a. projection of the center of the
paving of Sewell Road intersects the center of the existing paving of Abingdon Road. Thence,
binding on the centerline of Abingdon Road and On the first through the fourth COUI1e5 of the last
mentioned conveyance unto Anderson, four courses;
34) South 43"35'30" East 88.77 feet,
35) Soutll 37°51' 30" East 73 .76
t~
36) South 34°56'30" East 138.65 feet,
37) South 31 D57' 30" East 198.82 feet to a poinl at the beginning of the conveyance unto
Anderson recorded in Libel GRG 665, follo 124 at a point lying South 39°12'30" West 30.31 feet
rrom a ~" iron pipe heretofore set at the end of the rust course of said conveyance. Thence,
continuing to bind in the center of Abingdon Road and reversely on the sixth course of the
conveyance unto Anderson recorded in Liber GRG 665, iolio 124.
::tr.40 05 fOUOO 486
125.3258 Acre Par cel 01' Land
November 2 1. 2001
PageS
38) South 31"57'30" East 14.79 fed . Thence. contlnuing to bind on the center of the
existing paving of Abingdon Road and running through and across the aforesaid tract described In
the conveyance recorded in Uber WSF 108, folio 105, for new lines of divis ion, three courses;
39) South 31°57'30" East 142.75 feet.
40) South 40°02'37" East 333.25 feet,
41) South 37°30'00" East 322.28 feet to intersect the northwestaly Umits of a fifty foot
Wide road right of way as conveyed by William K Sewell and Virginia S. Sewell. et al to the
County Commlsstoners of Harford County by a deed dated August 30. 1966 as recorded among the
land records of Harford County in Liber GRG 724, folio 260 and as shown on a plat entitled
"Abingdon Road Bridge" as recorded among the land records of Harford County in Flat Book GRG
19, rolio 25 . Thence, leaving the center of Abingdon koad and binding on said right or way,
42) South 51°19'42" West 25.00 feet,
43) by a curve, radial to the last mentioned coarse. in a SClJtheasterly direction, of radfus
1066 .74 feet, an arc distance of 30.82 feet and subteaded by a clad; South 39°29'58" East 30.82
feet to a concrete monumentheretofore set at the end of the third course of that tract or pared of
land conveyed by William K Sewell and VIrginla S. Sewell, et al to the Harford County
Metropolitan Commission by a deed dated March 'l:T, 1972 as recorded among the land records of
Harford County in Llber HDC 894, folio 994. Thence, binding reversely on the third and second
courses of said conveyance.
44) South 49°32'20" West 50.15 feet to a concrete monument heretofore set,
45) South 30°47'14" East, passing OVtt at 50.74 feet a railroad spike heretofore set In a
gum tree and continulng for a total distance of 50.91 fl'.et to intersect the northerly right of way line
of the CSX Transportanon, Inc. as transrcrred by ArtIcles of Merger on file at the State Department
of Assessments and Taxation and dated December 16, 1987 and recorded among the land records of
Harford Counry In Liber CGH 1519, follo 381. Thence, leaving the conveyance WI10 the Harford
County Metropohtnn Commission ami bindlng on the CSX TIansparUlion, Inc. right of way as
conveyed by Henry D. Farnandis. trustee to tllc Baltimore and Ohio Railroad Company by a deed
dated November 27. 111113 as recorded among the land records of Harford County in Liber AU 50,
folio s1. four courses:
46) by a curve to lhe left, in a southwesterly direction. or radius 2967 .00 feet, an arc
distance or 210 .67 feet and subtended by a chocd; South 56°48'13" West 210.62 ted.. Thence,
radiai to said curve,
47 ) South 35°13'4')" East 39.00 feet,
4l!) by <I curve In tile left, radial to the last mentioned course. in a southwesterly direction.
of radius 2928 .00 feel, an arc distance of 130.10 feet and subtended by a chord; South 53°29'48"
West 130.09 feet to a point of tangency.
Jf.4DD5 fOli OD 487
125.3258 Acre Parcel of Land
November 21, 2001
Page 6
49) South 52°13 '26" West 558.92 fed. Thence, leavilll: the CSX Transportation, Inc. right
of way and bl.ndi.n& reversely on the third and second courses of that tract or parcel of land
conveyed by W1l11am K. Sewell and Virg1nla S, Sewell, his wife, et a1 to Baltimore Gas and
Electric Company by a deed dated September 24. 1969 as recorded among the land records of
Harford County in Libcr GRG 826, folio 400.
50) North 83°41'31" West 398.15
feet.
51) South 52°13'26" West 2,151.32 feet to the poill1 ofbeginnlng hereof.
CONTAINING 125.3258 acres ofland, more or I/Ss.
BEING
1) (as to a 12/". interest) a part of that tract or parcel of land conveyed by Howard K.
McComas m, Personal Representative of tnc Estate or Nona Sewell McComas to Howard K.
McComas. m by a deed dated October 31. 1997 as recorded among the land records of Harford
Country in Liber CGH 2619, folio 811.
2) (as to a 'I". Interest) a part of ttlat tract or pared of land conveyed by Lillian S. Jones to
William Ii. Sewell and Barbara K Sewell (now known as Barbara K. Roesne), Robert S. Sewell
and Barbara K. Sewell, his wife and Char1yn L. Sewell (now known as Char1yn L. FISher) by a
deed dated October 12, 1982 as recorded among the land records of Harford Country In Liber HOC
1173, folio 993 .
3) (as to a '/~I Interest) a part of that tract or parcel of WId conveyed by Lillian S . Jones to
William H. Sewell and Barbara K Sewell (now known as Barbara K. Roeshe), Robert S . Sewell
and Barbara K. Sewell. his Wife and Ch:lr1yn L. Sewell (now known as Charlyn 1.. Fisher) by a
deed tlated February 18, 1982 as recorded among the land records of Harford Country in Liber
HDC 1182, folio 803 .
4) (as to 12/ .. interest) a part of that tract or parcel or land conveyed by Charles S. Sewell and
Phoebe 1.. Sewell to Charles S. Sewell and Phoebe L. SeweI1 by a deed datx:d Marcil 28. 1979 as
recorded amoog the land records or Harford County in tiber HOC 1089. folio 1011 .
5) (i1S to "/~, interest) a part of that tract or parcel of land conveyed by William K. Sewell to
William K. Sewell and Brooke S. Smith by deed dated November 13. 1989 as recorded among tlle
land records of Harford County in Liber CGH 1599. folio 383 .
6) (as to 'I.. Interest) a pan of that tract or parcel or land conveyed by
Brian S. Belden, Personal Representative of the Estate of Brooke S. Smith to
Brian S. Belden and Bruce E. Belden by a deed dated October 6, 1994 as
recorded among the land records of Harford County in Llber CGH 22fJ7. folio
&84.
!:J[r.4005 fOUOD 488
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR FOREST RETENTION
COKESBURY MANOR
THIS DECLARATION, made this
-:1 q
JiA-M. .
COKESBURY MANOR, LLC . hereinafter referred to as "Owner".
WHEREAS , the Owner is seized and possessed of certain land in Harford County,
in the State of Maryland . acquired by virtue of a deed dated December 28, 2001 from
Howard K. McComas III . et ai, to the Owner , which Deed is recorded among the Land
Records of Harford County in Liber C.G.H. No. 3803 , fo lio 447 .
WHEREAS. certain County laws mandate compliance with various restrictions
and/or environmental protections when developing or subdividing the property in that area ;
and
WHEREAS. County law prov ides for the retention of existing forest and for the
planting of forest in relationsh ip to development or subd ivision of property. as more
specifically provided in Section 267-30 .6 and 267-30.7, and more generally mandated in
Article VA Section 267-30 , et. seq., entitled Forest and Tree Conservation. all of the
Harford County Code ; and
WHEREAS, the Owner understands that in order to develop/subdivide its property,
certa in forest or trees are required to be retained and/or replaced in accordance with these
County laws ; and
WHEREAS. the Owner understands that Section 267-30.S(8)(13) requires the
execution and recordation of this Declaration as a condition of the subdivision approval.
NOW, THEREFORE , Owner hereby declares that all lots and open space as shown
on the four plats entitled. " Final Plat One - Phase One - Cokesbury Manor, Final Plat Two
j Er3974 fClIOO 275
- Phase One - Cokesbury Manor, Final Plat Three - Phase One - Cokesbury Manor, and
Final Plat Four - Phase One - Cokesbury Manor, and attached hereto as Exhibit A, shall
be held, sold and conveyed subject to the following easements, covenants, and/or
conditions which are for the purpose of cornplying with the Forest Conservation provisions
of the Harford County Code! and which shall run with the real property and be binding on
all parties having any right, title or interest in the described property or any part thereof, its
heirs! successors and assigns and shall inure to the benefit of each owner thereof.
1.
Reforestation or afforestation, if applicable, shall occur as provided for in the
approved Forest Conservation Plan.
2.
The reforestation or afforestation shall comply with all applicable provisions
of the Harford County Zoning Code, including but not limited to, Sections 267-30.5.,30.6.,
30.7., 30.8., 30.1 D., and 30.11.
3.
The remaining forest on the site, as depicted on the approved Forest
Conservation Plan, shall be retained under this covenant and subject to the limitations and
guidelines of the Harford County Forest Conservation Ordinance, Article V.A., Section 267
30. et. seq. of the Zoning Code.
I
4.
In the event the newly planted forest or retained forest is destroyed or must
be removed from its present site, the Owner understands that a new Forest Conservation
Plan must be submitted and approved in accordance with County law.
5.
Owner understands and accepts that any disturbance, destruction or removal
of the forest, other than by acts of God, without following the due process of revising the
approved Forest Conservation Plan, is subject to the Penalty provisions of the Forest
Conservation Ordinance, Section 267-30.15.
-2
,'2EP39 74 FDUDO 276
6.
These covenants , cond itions and restrictions contained in this Declaration are
binding on the Owner, its personal representat ives , heirs and assigns, and said Declaration
shall be recorded among the Land Records of Harford County upon execution by Owner.
7.
This Declaratio n may be terminated or amended in who le or in part with
respect to all or a portion of the property only with the written consent of both the Owner
of the property, or affected portion of the property, at the time of the termination or
amendment , and the then Director of the Harford County Department of Planning and
Zoning . An y instrument terminating or amending this Declaration must be recorded in the
Land Records of Harford County, Maryland.
The provis ions of this Declaration shall be enforceable by Owner and/or Harford
County, Maryland.
Any person other than Owner who violates the provis ions of this Declaration and/or
applicable County law shall indemnify and hold Owner harmless from all costs , expenses,
fines and penalties incurred or imposed. includ ing attorneys fees incur red by Owner as a
result of such violation.
COKESBURY MANOR, LLC
~
~r:z;;.
~:../
By:
-Todd Christian Salvo
Manag ing Member
11/
~(SEAL)
)
STATE OF MARYLAND, HARFORD COUNTY, TO WIT:
I HEREBY CERTIFY that on this
11.... day of ~ ~ , 2002, before
me, the subscriber, a Notary Public of the State of M
land , In
d for the County
aforesaid, duly commissioned and qualified , personally appeared TODD CHRISTIAN
M.-
-3
;! DE ~3 97.4 FUUOO 277
; )/\
SALVO, Managing Member, and on behalf of Cokesbury Manor, LLC acknowledged the
foregoing to be its act and deed.
••••••••••
•••; 'f... ALe~·· ••
D
Lh=-=
AS WITNESS my hand and Notarial Seal.
~
Notary Public
.
.~~~t\OiAR $'(I~\
.a
~~
..
.
My Commission
Expires:
~
/0, 0.
i
Aq---
G.·
.......~.c:......
". 0
This is to certify that the within instrument has been prepared by or under the
supervision of the undersigned Maryland attorney.
Elwood V. Stark, Jr.
Return to:
Elwood V. Stark, Jr., Esquire
Stark and Keenan, P.A.
30 Office Street
Bel Air, Maryland 21014
(410) 879-2222
Qh~den..Ch__
L00Jd
5 S" l{t{.n- 9·
~cc:.
~~ l &0\, ~~D "J I 014
~ 10- 'g-/C1 - doe; u
dvp\f\sk\evs\cokesbur(lforestdec-1 \25\02
-4
~!UER3 9·7 4 FDllaO 278
:·m~j
E
.... ~ PUBL\G ~.:
··-<I
e.nIf:":
0··.·"
AGREEMENT AND DECLARATION OF COVENANTS
IMP
FOR DRIVEWAY MAINTENANCE AND REPAIR
;Ii
SdEr: $
fEE
F:£ CGF:B ING
THIS AGREEMENT AND DECLARATION, made this
~ day of JMl.
2002. by COKESBURY MANOR, LLC, ("Developer"), owner of certain lots hereinafter
'1"11 ~;
!..~ t Hl
described
WITNESSETH:
:;~t ,~24
CGH
~'~
:i~rlJ
14 ~
2'~~
WHEREAS. the Developer is the fee simple owner of Lot Nos. 38, 39, 40, 41, 42
and 43 as shown on a plat entitled "Final Plat Two- Phase One - Cokesbury Manor", which
is recorded among the Land Records of Harford County in Plat Book e.G.H. NoJ2l, folio
15
,being a part of the land acquired by the Developer by virtue of a deed dated
December 28, 2001 from Howard K. McComas II', et ai, to the Developer and recorded
among the Land Records of Harford County in Liber H.D.e. No. 3803, folio 447; and
WHEREAS, the Developer desires to make this Agreement for the purpose of the
creation of restrictions for the use and maintenance of common drive to be used by the
owners of Lot Nos, 38, 39, 40,41,42 and 43, as set forth above; and
WHEREAS, the common driveway is necessary to serve the above-referenced lots
(hereinafter collectively referred to as the "Lots"); and
WHEREAS, the Developer desires this Agreement and Declaration to be recorded
and to be hereafter binding upon the lots hereinafter described.
NOW, THEREFORE, the Developer declares that the Lots shall be held, sold, and
conveyed subject to the following declaration containing easements. restrictions, covenants
and conditions relating to tile common driveway from the private road shown on the
subdivision plat, which is made for the purpose of protecting the values and desirabBity of
the Lots, which shall be binding upon the above-described lots and all purchasers or
'[H39 74 FOllOO 279
5.00
20.00
owners hereafter hav ing any right , title or interest in the lots or any part thereof, and upon
their personal representatives , successors and ass igns and shall inure to the direct benefit
of each owner thereafter.
ARTICLE I
Def init ions
Section 1. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities. to the Lots . including contract sellers but exclud ing those having an
interest merely as security for the performance of an obligation.
Sect ion 2. "Lot " or "Lots" shall mean and refer to Lot Nos. 38 . 39 , 40 , 41 , 42 and
43 , as shown on a plat entitled, "Final Plat Two - Phase One - Cokesbury Manor"
Section 3. "Developer" shall mean and refer to Cokesbury Manor, LLC .
Section 4. "Panhandle" shall collectively mean and refe r to the four str ips of land
described as follows :(1) a strip of land being 13.55 feet wide lead ing from Coyote Court to
Lot 39 and being for appro ximately 157 feet in length; (2) a strip of land being 12.63 feet
wide lead ing from Coyote Court to Lot 40 and being for approximately 157 feet in length;
(3 ) a str ip of land be ing 12.63 feet wide lead ing from Coyote Court to Lot 41 and being for
approximately 157 feet in length; and (4) a strip of land being 13.55 feet wide leading from
Coyote Court to Lot 42 and being for approximately 157 feet in length
Section 5. "Plat" shall mean and refer to the final plat ent itled "Final Plat Two
Phase One - Cokesbury Manor", which is recorded among the Lands Records of Harford
County in Plat Book CG .H. No ./J2.l, fol io
Section 6 .
qc:;; .
"Driveway" shall mean and refer to the improved surface of the
Panhandle which will be constructed by Developer within the boundary of the four str ips
-2
.!' ~t f3 974 mUDD 280
of land referred to as the Panhandle and to be used for the purpose of carrying all types
of vehicular traffic to and from Coyote Court to the Lots .
ARTICLE II
Easement
Section 1. The Developer, intending to provide for the use of the driveway for
ingress and egress to and from each of the Lots to Coyote Court hereby reserves an
easement and right-of-way for the purposes of ingress and egress and normal driveway
purposes on the Panhandle from Coyote Court to the Lots .
Section 2. The easement reserved here in is for the benefit of the Owners of each
of the Lots , their personal representatives , successors and ass igns and shall be
appurtenant to each of the Lots . The easement is reserved for use in common by the
Owners of each of the Lots , their fam ilies , invitees, lessees, agents or contractors but not
for use by the public in general.
ARTICLE III
Covenants for Maintenance
Section 1.
Creation of Lien and Personal Obligat ion of Assessments.
The
Developer hereby covenants that any subsequent Owner of either Lot by acceptance of
a deed therefor, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay the following:
(a)
Any charges made in accordance with the procedure set forth below
for maintenance and repa ir of the Driveway.
(b)
Any approved annual assessments and any amounts due for damages
to the driveway in accordance with Section 10 of this Article . The approved changes ,
-3
Hf3 974 FDUOQ 28 I
annual assessments and Section 10 charges, together with interest charges, costs and
reasonable attorney's fees, shall be a charge on the Lot to which the same relates and
shall be a continuing lien upon the Lot against which such charge or annual assessment
is made. Each such charge or assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the Owner of such property at the
time when the charge or annual assessment becomes due.
Section 2. Purpose of Charges and Assessments. The purpose of any charge or
assessment paid under Section 1(a) or (b) shall be to maintain the Driveway in good repair
and in a condition suitable and safe for vehicular traffic. Charges or assessments may be
used for the cost of any maintenance, repair or improvement of the Driveway, such as, but
not limited to, resurfacing! patching, drainage, and snow removal..
Section 3. Meetings. The Owners shall meet once a year on the fourth Saturday
in April to determine the need for any maintenance, repair or improvements to the
driveway. A special meeting may be called by any Owner and such meeting shall be held
within thirty (30) days of the date notice of the meeting is given in writing to the other
Owners and such date shall be on a date and time convenient to the other Owners.
Section 4. Quorum. The presence of four of the six Owners entitled to vote shall
constitute a quorum at any meeting. However, if four Ownesr fail to attend an annual or
special meeting, a second meeting shall be held on the same date and time in the next
immediate month, at which a quorum shall be the presence of at least two Owners entitled
to vote. A written record shall be made which shall list the place, time, date and attendees
at every meeting, the subject matter discussed and the names of those voting for and
against any proposal.
-4
.'~IP3 974 fDuao 282
Section 5. Voting Rights . Each Owner shall be entitled to one vote on any proposal
brought before the meeting.
Sect ion 6. Approval of Proposals. Each Owner may present at a meeting proposals
regarding action taken to maintain or repair the driveway and to remove snow from the
driveway. Any proposal for specific work must be approved by the requ isite number of
Owners entitled to vote and in attendance at the meeting unless the meeting is a second
meeting as set forth in Section 4, when two Owner's approval shall be satisfactory
hereunder. If the Owners in attendance are not able to reach agreement. a registered
professional eng ineer shall be hired by the Owners to determine what work is required and
the engineer's determ ination shall be final and bind ing on all Owners. If the Owners cannot
agree as to what eng ineer to hire , the designated engineer shall be Frederick Ward
Associates , Inc., Bel Air , Maryland, or its successor company. The cost of the engineer
is to be divided equally between the Owners . Once approval is given , the Owner making
the proposal will obta in at least two (2) estimates for the work required . When the
estimates are received , the Owner making the proposal shall subm it copies to the other
Owners along with his/her written recommendation on the estimate he/she feels is most
appropriate . If any of the other Owners objects to that recommendation, such objecting
Owner or Owners shall send to the other Owners written not ice of his/her disapproval
within fourteen (14 ) days from rece ipt of the proposal. If such objection is made , another
meeting shall be scheduled for the purpose of determ ining which estimate is to be
accepted . If no agreement can be reached at the subsequent meet ings , the lowest
estimate shall be accepted. If no notificat ion of disapproval is mailed, the Owner may
direct that the work be completed in accordance with the approved proposal and
-5
:~t f.3 974
mUDD 283

Association Documents - Aspen Property Management

Transcription

Similar documents

Here is a downloadable packet - Children of Indiana Nature Park

Punderson Manor State Park Lodge

Declaration of Independence 2016

sneak preview - Cognella Titles Store

Supersedes Villages Truck Tonnage and Parking

FestusManor Good News Gazette Update

pdf - Friendship

Change is the new norm