Liber 1395 page 0519
.;
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
MOUNTAINSIDE HOMEOWNERS ASSOCIATION, INC.
,. .
Liber 1395 page 0520
TABLE OF CONTENTS
ARTICLES
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PAGES
1 DEFINITIONS 2
1.1. "Annual Assessment" 2
1.2. "Architectural Committee" 2
1.3. "Articles of Incorporation" 2
1.4. "Assessments" 2
1.5. "Association" 2
1.6. "Board of Directors" or "Board" 2
1.7. "Bylaws" 2
1.8. "Common Area" 2
1.9. "Common Expenses" 3
1.10. "Community-Wide Standard" 3
1.11. "Covenant Committee" 3
1.12. "Declarant" 3
1.13. "Declaration" 3
1.14. "Development Plan" 3
1.15. "Directors" 3
1.16. "Eligible Mortgage Holder" 3
1.17. "First Mortgage" 3
1.18. "Governing Documents" 3
1.19. "Land Records" 3
1.20. "Lot" 3
1.21. "Member" 4
1.22. "Mortgagee" 4
1.23. "Owner" 4
1.24. "Property" 4
1.25. "Special Assessment" 4
2 DECLARANT'S RIGHT TO SUBJECT PROPERTY TO THIS DECLARATION 4
2.1. Property Subject to this Declaration 4
2.2. Common Area 4
3 PROPERTY RIGHTS 5
3.1. Owners' Easements of Enjoyment 5
3.2. Delegation of Use 6
4 MEMBERSHIP AND VOTING RIGHTS 6
4.1. Membership 6
4.2. Voting Rights 6
Liber 1395 page 0521
TABLE OF CONTENTS
ARTICLES
PAGES
5 COVENANT FOR COMMON EXPENSE ASSESSMENTS 7
5.1. Creation of Lien and Personal Obligation for Assessments 7
5.2. Purpose of Assessments 7
5.3. Annual Assessments; Budgets 8
5.4. Special Assessments; Budget Amendments 8
5.5. Notice and Quorum 9
5.6. Date of Commencement of Annual Assessments; Due Dates 9
5.7. Effect of Non-Payment of Assessments; Remedies of the Association 9
5.8. Subordination of the Lien to Mortgages 10
5.9. Reserve Fund Budget and Contribution 10
6 ARCHITECTURAL CONTROL 10
6.1. Architectural Change Approval 10
6.2. Initiation and Completion of Approved Changes 11
6.3. Certificate of Compliance 11
6.4. Architectural Committee Rules and Regulations; Appeal of Architectural Committee Decision 11
7 USE RESTRICTIONS 12
7.1. Permitted Uses 12
7.2. Prohibited Uses and Nuisances 12
7.3. Leasing and Transfers 16
8 DECLARATION OF EASEMENTS AND RIGHTS 16
8.1. Declaration of Easements and Rights 16
8.2. Association Easements 17
9 MAINTENANCE 18
9.1. Owners' Maintenance 18
9.2. Association Maintenance 18
9.3. Additional Maintenance Responsibilities 19
10 INSURANCE 19
10.1. Individual Coverage 19
10.2. Required Coverage 19
10.3. Fidelity Coverage 20
10.4. Liability and Indemnification 20
ii
Liber 1395 page 0522
TABLE OF CONTENTS
ARTICLES
PAGES
11 PARTY FENCES, JOINT DRIVEWAYS AND OTHER SHARED
IMPROVEMENTS 20
11.1. General Rules of Law to Apply 20
11.2. Driveway Right of Passage 21
12 MANAGEMENT 21
12.1. Management Agents 21
13 GENERAL PROVISIONS 21
13.1. Common Area Responsibility 21
13.2. Personal Property and Real Property for Common Use 22
13.3. Implied Rights 22
13.4. Limitation of Liability 22
13.5. Enforcement. 22
13.6. Fines 23
13.7. Severability 23
13.8. Duration and Amendment 23
13.9. Taxes and Assessments 24
13.10. Captions and Gender 24
13.11. Conflict 24
iii
AMENDED
Liber 1395 page 0523
CONDITIONS AND RESTRICTIONS FOR
MOUNTAINSIDE HOMEOWNERS ASSOCIATION, INC.
THIS DECLARATION, is made this day of , 2008 by
MOUNTAINSIDE HOMEOWNERS ASSOCIATION, INC., a Maryland corporation, hereinafter referred to as "Declarant" or the "Association".
W I T N E S S E T H:
WHEREAS, Mountainside Developers, Inc. owned certain real property in Garrett County, Maryland, which is more particularly described on a plat of subdivision which is recorded among the Land Records of Garrett County, Maryland in Plat Book DKM3, page 144, on February 13, 2004,and by various deeds to Mountainside Homeowners Association, recorded among the Land Records of Garrett County, Maryland in Liber 683, page 814 (Marina Club Building) and Liber 826, page 0228 (easement 20 feet wide along Route 219 at the entrance to the Mountainside Subdivision), and Liber 804, page 0473 (roadways and amenity area shown on Plat DKM3, page 10, December 15, 1999), and the entire Mountainside Subdivision as finally platted as shown on a plat of survey for Mountainside Developers, Part of Parcel No. 55, Tax Map No. 58, Election District No. 14 dated February 9, 2004, prepared by Potomac Engineering and Surveying, Inc., 3000 Thayer Center, Oakland, Maryland 21550, and recorded among the Land Records of Garrett County, Maryland at Plat Case DKM3, page 144 on February 13, 2004, and all that land and improvements known as the "Buy Down" area as per deed dated September 2, 2005 from the State of Maryland, Department of Natural Resources to Mountainside Homeowners Association, Inc. and recorded among the Land Records of Garrett County in Liber 1154, folio 0246, which platted areas and deeded areas are made a part of this Declaration as described on Exhibit "A" (the "Property").
WHEREAS, Mountainside Developers, Inc. developed on the Property a residential subdivision consisting of one hundred thirty-eight (138) building lots, each of which shall be considered as a lot, with certain appurtenant common areas and limited and general common facilities, as shown on the aforesaid plat and as provided herein; and
WHEREAS, Declarant desires to subject the Property and the improvements located or to be located thereof, to the covenants, conditions and restrictions set forth herein which are for the purpose of protecting the value and desirability of the Property and the improvements thereon and are for the purpose of distributing among the owners of the improvements the cost of maintaining and operating the common areas (as hereinafter defined), and any improvements constructed thereon; and
WHEREAS, Declarant is incorporated in Maryland as a non-profit membership corporation known or to be known as MOUNTAINSIDE HOMEOWNERS ASSOCIATION, INC. (the "Association") in order to perform certain functions on behalf of the owners of lots
Liber 1395 page 0524
within the Property, including, but not limited to, the enforcement of the covenants, conditions and restrictions herein set forth, .and for management of the common facilities and areas to be owned by the Association, and collection and disbursement of the assessments and charges
hereinafter created.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, conveyed, sold, encumbered, leased, rented, used, occupied and improved subject to the following easements, covenants, conditions and restrictions, which are for the purpose of protecting the value and desirability, and enhancing the attractiveness of the Property, and which shall run with the Property and shall be binding upon all parties having any right, title or interest in the Property or any part thereof, their heirs, personal representatives, successors and assigns and shall inure to the benefit of each owner of the Property or any part thereof and their respective heirs, personal representatives, successors and assigns, and the Association.
ARTICLE 1 DEFINITIONS
Section 1.1. "Annual Assessment" means and refers to the assessment levied against all lots within the Property on an annual basis to fund the Common Expenses, not including Special Assessments.
Section 1.2. ''Architectural Committee" means and refers to a committee composed of five (5) or more representatives that may be established and appointed by the Board of Directors to assist in the enforcement of design guidelines and procedures.
Section 1.3. ''Articles of Incorporation" means and refers to the Articles of Incorporation for Mountainside Homeowners Association, Inc., as filed with the Maryland State Department of Assessments and Taxation, and as may be amended from time to time.
Section 1.4. "Assessments" means and refers collectively to any Annual Assessment, Special Assessment, and all other fees and charges, including all installments thereof, as may be levied by the Association in accordance with this Declaration.
Section 1.5. ''Association" means and refers to the Mountainside Homeowners Association, Inc., a not-for-profit Maryland corporation, its successors and assigns.
Section 1.6. "Board of Directors" or "Board" means and refers to the governing body of the Association, as more fully described in the Bylaws and Articles of Incorporation.
Section 1. 7. "Bylaws" means and refers to the Bylaws of the Mountainside Homeowners Association, Inc., as adopted by the Board of Directors, and as may be amended from time to time.
Section 1.8. "Common Area" means all real property owned, leased or maintained by the Association (including the improvements thereto) for the common use and enjoyment of the Owners. Notwithstanding the foregoing, in the event the Association maintains all or any portion of any Lot(s), such property shall not be considered Common Area.
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Liber 1395 page 0525
Section 1. 9. "Common Expenses" means the actual and estimated expenses of
operating the Association, including, without limitation, a reasonable reserve and expenses for the maintenance of the Common Area, all as may be found to be necessary or appropriate by the
Board of Directors.
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Section 1.10. "Community-Wide Standard" means the standard of conduct, maintenance or other activity generally prevailing on the Property. Such standard may be more specifically determined and set forth by the Board of Directors.
Section 1.11. "Covenant Committee" means and refers to a committee composed of three (3) or more representatives that may be established and appointed by the Board of Directors to assist in the enforcement of covenants and restrictions of this Declaration, as such duties of the Covenant Committee are set forth in this Declaration.
Section 1.12. "Declarant" means and refers to Mountainside Homeowners Association, Inc., a Maryland corporation, its successors and assigns.
Section 1.13. "Declaration" means this Declaration of Covenants, Conditions and Restrictions recorded among the Land Records of Garrett County, Maryland, as may be amended from time to time by amendments or supplements thereto recorded among the Land Records.
Section 1.14. "Development Plan" means and refers collectively to the plats of subdivision, including all amendments, modification, extensions and supplements thereof as may be made from time to time that are recorded among the land records of Garrett County, Maryland.
Section 1.15. "Directors" means those persons duly appointed or elected to the Board of Directors pursuant to the Articles of Incorporation and Bylaws.
Section 1.16. "Eligible Mortgage Holder" means a holder, insurer or guarantor of a First Mortgage on a Lot.
Section 1.17. "First Mortgage" means a mortgage or deed of trust recorded against any Lot that has priority over any other mortgages or deeds of trust recorded against such Lot.
Section 1.18. "Governing Documents" means and refers to this Declaration, the Articles of Incorporation, the Bylaws, and the rules and regulations of the Association adopted by the Board, as each of the same may be amended from time to time.
Section 1.19. "Land Records" means and refers to the Land Records of Garrett County, Maryland.
Section 1.20. "Lot" means and refers to any plot of land within the Property designated as a separate subdivided lot shown on any recorded subdivision plat upon which the planned or actual improvements are primarily intended for use and occupancy as a single family-detached residential dwelling unit. The term Lot shall include all improvements within the land comprising the Lot. The term Lot shall not include Common Area or outlots of property dedicated for public use.
Liber 1395 page 0526
Section 1.21. "Member" means and refers to every person, group of persons,
corporation, partnership, trust, or other legal entity, or combination thereof, who holds any class of membership in the Association.
Section 1.22. "Mortgagee" means 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 deeds of trust. 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, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, mortgage companies, Federal National Mortgagee Association ("FNMA"), 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 interesting any Lot. In the event any mortgage is insured by the Federal Housing Administration ("FHA") or guaranteed by the Department of Veterans Affairs ("VA"), then as to such mortgage the expressions "mortgagee" and "institutional mortgagee" shall include the FHA or the VA, as the circumstances may require, acting, respectively, through the Federal Housing Commission and the Secretary of Veterans Affairs or through other duly organized agents.
Section 1.23. "Owner" means and refers to the record owner, whether one or more persons or entities, of fee simple title to any Lot, but excluding those having such interest merely as security for the performance of an obligation.
Section 1.24. "Property" means and refers to the real property described on Exhibit "A" to this Declaration, and any additional real property that may be annexed within the jurisdiction of the Association.
Section 1.25. "Special Assessment" shall mean and refer to any assessment levied by the Association in accordance with this Declaration.
ARTICLE 2
DECLARANT'S RIGHT TO SUBJECT PROPERTY TO THIS DECLARATION
Section 2.1. Property Subject to this Declaration. The Property described on Exhibit "A" to this Declaration is and shall be held, conveyed, hypothecated, encumbered, sold, leased, rented, used, occupied and improved subject to all of the covenants, conditions and restrictions of this Declaration.
Section 2.2. Common Area. The Common Area includes all of the real property and all facilities depicted on the record Plats recorded in the Land Records of Garrett County, Maryland. Facilities include, as may be applicable, the Marina building (not including boat docks) all recreational facilities, storm water management facilities, private roads and other required features that are constructed on the Common Area.
Liber 1395 page 0527
ARTICLE 3
PROPERTY RIGHTS