The full text from the By-laws is below so that you may search the text for certain sections that pertain to your needs.
A hard copy of this can viewed or obtained by contacting Carla Gibbons of ProCom Management at CGibbons@procomgt.comor (410) 721-0777, EXT. 147.
CROFTON MEADOWS HOMEOWNERS ASSOCIATION, INC. GOVERNING DOCUMENTS This publication has been prepared for the convenience of all property owners and tenants within Crofton Meadows Homeowners Association, Inc. It is not intended to be a complete statement of rights, responsibilities, services available or provided within the community. The documents included herein are believed to be complete as of the date of printing, but may be changed from time to time. Action should be taken relying upon this publication without professional advice and reference to the governing documents. Date of Publication October, 1986 TABLE OF CONTENTS Page Area Map In back of Booklet What is the Homeowners Association All About 1 – 13 CMHOA Architectural Control Regulations 14 – 16 CMHOA Articles of Incorporation 17 – 22 CMHOA Amended Bylaws 23 – 29 Deed, Agreement and Declaration (as amended) 30 – 42 Amendment to Declaration 43 – 45 Agreement and Declaration 46 – 48 WHAT IS THE HOMEOWNERS ASSOCIATION ALL ABOUT? Many larger housing developments, such as ours, have a two-layer homeowner Association system. The top layer is generally referred to as the umbrella association to which homeowners automatically belong. The lower level contains the smaller Home Owners Associations that are specific to condominium and townhouse units within a housing development. Figure 1 depicts the two-layer homeowner system as it exists in Crofton Meadows. The top layer or umbrella association is the Crofton Meadows Home Owners Association Inc. (CMHOA). Each homeowner pays an assessment to the CMHOA and benefits from the services it provides. Referring to the map at the back of this booklet, one of the primary responsibilities of the CMHOA is maintaining the property shared by all the homeowners. This includes a baseball field, basketball, playground areas and associated equipment, the lake and surrounding area, and other common property. The lower layer of Figure 1 is comprised of the smaller homeowner associations Specific to condominium and townhouse units and single family homes in Crofton Meadows. The location of these housing regimes is shown on the map. Except for single family homes, the homeowners associations of the housing regimes function in a manner similar to the CMHOA, that is, each has its own separate assessment (in addition to that collected by the (CMHOA) and provides services and maintenance on property common only to homeowners within the specific regime. 1 This includes maintaining parking lots, playground areas and other common property, and trash removal. Single family homeowners pay an assessment only to the CMHOA because they do not share common property, that is, they maintain only their own lots, arrange for trash removal individually, etc. The CMHOA and the association for each regime maintains an elected board of Directors and officers, establishes committees, and most employ a property management Firm to facilitate operation of the regime. THE REMAINDER OF THIS BOOKLET PROVIDES INFORMATION PERTAINING ONLY TO THE CROFTON MEADOWS HOME OWNERS ASSOCIATION, INC. – THE UMBRELLA ASSOCIATION. AUTHORITY OF CROFTON MEWDOWS HOA When any group of people – no matter what size – share property, rules must be set down for its use. These rules must be set down for its use. These rules and their enforcement are essential to preserve property values in the community. Before Crofton Meadows was built, the original developer created a set of legal Documents which established the CMHOA, the rules of its operation , and the use of all Property within its boundaries. These legal documents consist of the following: Articles of Incorporation – This is a document creating the corporate and setting forth The purpose, structure, and power of the CMHOA. These Articles were filed with the State of Maryland on July 19, 1971. They may be found on page 17 of this booklet. 2 Bylaws – This document, adopted when the corporation was formed, Establishes rules for the operation of the CMHOA through its Board of Directors, officers, committees, and members. It may be found on page 23 of this booklet. Deed, Agreement and Declaration – This document, which has been amended from time to time, sets forth the covenants, conditions, and restrictions which detail each owner’s property rights, conditions on use of the property, and rights and obligations in the CMHOA. It was recorded in the land records at Anne Arundel County on July 20, 1971. It may be found on page 30 of this booklet. Rules and Regulations – The CMHOA has the power to adopt and publish rules and regulations governing the use of the common area and facilities. HOW IS THE ASSESSMENT DETERMINED? Originally, the developer made provision for mandatory assessments in the Deed, Agreement and Declaration. To protect your interests, this document established a maximum assessment based on anticipated costs of maintaining and operating the common facilities and services. The homeowners inherited this maximum assessment for better or for worse. The CMHOA sets the specific current assessment from year to year 3 according to the actual operating needs within the limits set by the legal documents. The CMHOA’s expenses, however, will undoubtedly rise from time to time as the cost of providing services increases. One of the most persistent CMHOA concerns is failure on the part of the homeowners to pay assessments, which can have disastrous results. If homeowners fail to pay their assessment, the CMHOA must both increase its expenditures on legal fees to collect the delinquencies while cutting back on the services necessary to keep our community a desirable place to live. Perhaps lawn care would be curtailed and weeds become more common than grass, or the newsletter could stop and no one would known what the CMHOA is doing or whom to contact to find out. Maybe the tot lots would no longer be maintained and become overgrown and vandalism to the common areas would no longer be repaired. Soon, the Meadows would acquire a bad reputation as the area becomes more run-down. “For Sale” signs would begin to appear all over but the homes would be hard to sell. Property values would drop drastically. Residents would start moving ever Before they sell their homes. After a few years many homes would be Be abandoned, the lenders would take over, and everyone would face major losses on their investments. 4 This example is extreme – but it could happen. It is important, then, that the CMHOA take early steps to collect delinquent assessments. If gentle prodding does not work, a lien may be placed on the property or other drastic action such as foreclosure may be taken. Prompt payment of the assessment is vital. If the CMHOA must spend its time and money to collect, it is not only detrimental to but everyone in t the community. ROLES OF THE DIRECTORS, OFFICERS, MANAGEMENT AGENT AND COMMITTES OF THE CMHOA BOARD OF DIRECTORS The CMHOA is administered by a board of nine directors elected by the property owners for staggered three year terms of office to assure continuity. A complete definition of the powers and duties of the Board cam be found in Bylaws, starting on page 23 of this booklet. The major duties and responsibilities of the Board of Directors include the following: *Establishing sound financial policy. *Employing an association management company and independent contractors, and supervising and prescribing their duties. *Approving budgets and assessment rates. -5- *Establishing, publicizing and enforcing community rules and penalties for infraction of the rules. *Selecting an attorney to represent CMHOA legal interests. *Providing an effective physical maintenance of the CMHOA common grounds and facilities. *Establishing committees, appointing chairpersons and providing guidance and activities. *Procurement of adequate liability insurance and hazard insurance. *Enforcing architectural restrictions. OFFICERS Officers of the CMHOA Board of Directors are: President, Vice President, Secretary and Treasurer. All officers are elected by the Board of Directors annually. Any officer may be removed from office by the Board and a vacancy in any office may be filled by appointment by the Board. The appointee serves for the remainder of the term of the officer replaced. MANAGEMENT AGENT Smooth and efficient management means less worry for the homeowner and assures that property values will be maintained. As the Directors cannot personally supervise the day to day activities of the CMHOA, the Board selects and hires a management agent to carry out many Association 6 functions. Generally, it is the responsibility of the management agent to: *Conduct liaison between homeowners and the CMHOA Board of Directors. *Arrange for operation and maintenance of common facilities and services at the direction of the Board and its committees. *Monitor the performance of contractors. *Collect assessments on a regular basis. *Maintain records of receipts and expenses. *Prepare yearly and monthly financial statements. *Aid in preparation of yearly budget showing estimated income and proposed expenses of the association. *Receive and handle complaints. *Report to the Board on all management activities. *Oversee the planning, organizing and staffing of CMHOA activities. *Attend each monthly Board meeting, special meetings called by the Board, and each annual meeting of the members, and prepare all notices and proxies necessary for these meetings. *Communicate with title insurance companies and/or attorneys regarding transfer of ownership, and pursue collection of fees at settlement. *Assume other responsibilities as designated by the Board. 7 COMMUNICATIONS COMMITTEE Communication among our association members is vital to an effective homeowners association. To meet the need for disseminating news and information to current residents and new homeowners, CMHOA has a Communications Committee. This committee publishes a quarterly newsletter and the Welcome Booklet for all members. The newsletter contains highlights of recent board meeting, committee Committee reports, community news items, and letters or articles submitted by members. The following newsletter policy has been adopted by the CMHOA: 1. All articles must be legibly printed or typed, dated, signed by the writer, and phone number included for use if needed by the editor. 2. Priority will be given to items relating to community events and functions. 3. The newsletter editor reserves the right to edit all articles submitted for publication for the purpose of grammatical clarification and space requirements. 4. The newsletter editor reserves the right to refuse articles which would be inappropriate for newsletter content (i.e. obscene, commercial, political or Slanderous). 8 5. The newsletter will not be allowed to be come an outlet for resident dissatisfaction or disagreement with the developers, builders and/or neighbors. 6. Controversial letters of interest and concern to all of Crofton Meadows residents will be reported in an objective pro/con format. 7. Letters to the editor must be kept to one typewritten page. 8. Any letter or article refused by the editor for publication can be Appealed to the CMHOA Board of Directors. 9. Commercial advertisements will not be published since the CMHOA is a non-profit organization. 10. Announcements will be restricted to residents of Crofton Meadows only and will appear in the community exchange section. 11. Art work will be published if space allows. 12. The editor reserves the right to determine when certain issue or issues shall be either eliminated or printed in combination with another issue or issues. ECOLOGICAL CONTROL AND MAINTENANCE COMMITTEE The primary responsibility of the committee is to advise and assist the Board in preserving and enhancing the physical environment of Crofton Meadows. Recommendations for planting projects, walkways, lighting and 9 other improvements to the existing landscaping plan come under this Committee’s responsibilities. The Ecological Control Committee supervises the contract maintenance of our common grounds. It sees that the mowing, fertilizing , liming , and seeding are done, and that shrubs and tree areas are cared for. RECREATION COMMITTEE The Recreation Committee is responsible for organizing, promoting and coordinating community recreation programs. Development of rules for the use of the common areas and facilities thereon is also a function of this committee. Equipment and activities on CMHOA playgrounds, tennis courts, volleyball court, horseshoe pits, basketball court and softball field are supervised by the Recreation Committee. These facilities are available to all residents of the community. Although the tennis courts are kept locked at all times, a key can be obtained from the Management Agent for a $5.00 deposit. All residents are expected to obey rules posted at the courts. NOMINATING COMMITTEE This Committee performs the following tasks: seeks interested people to run for the Board of Directors, prepares ballots, informs the residents about the candidates, counts the votes cast, and announces the results of the election. 10 A nominating application and proxy will be distributed with the notice of the Annual meeting. The election of residents of the Board of Directors is an important event in The CMHOA’s development and continuity. All residents should take an Interest. DO YOUR PART TO HELP THE COMMUNITY YOU LIVE IN The key to a successful homeowners association is the support and enthusiasm of its members. Without your involvement, the CMHOA cannot operate. Many associations find that member apathy is their biggest problem. If no one volunteers for committees, community activities cease. If no one attends annual meetings, board members cannot be elected. If there is no one to serve on the board, none of the action your board takes to beautify our neighborhood and enhance your property values can be performed. Your CMHOA Board of Directors meets the first Thursday of every Month at 7:30 PM at a location listed on the “For Your Information” page in this booklet. The Board encourages members to attend these meetings to offer suggestions regarding the community which enable the Board to best meet the needs of everyone in Crofton Meadows. Grievances are never ignored by the CMHOA no matter how small they may be. Small 11 problems have a way of turning into large ones if they are not addressed at the beginning. You should never hesitate the present unresolved problems to the CMHOA. Either call or write us in care of the Management Agent regarding the problem. Be actively involved in your CMHOA. Serve n the Board, join a committee, lend your talent where it will be most useful. You can also help by always doing these three things: • Pay your CMHOA assessment on time. • Cooperate, follow the rules, help where you can. • Participate in a meaningful way. Again, the value of your home investment and the quality of your Community depend on the CMHOA Give it all you can! 12 CROFTON MEADOWS HOMEOWNERS ASSOCIATION ARCHITECECTURAL CONTROL REGULATIONS SECTION 1 – GENERAL A. COVENANTS: The Crofton Meadows Homeowners Association, Inc. (HOA), Covenants State: ARTICLE VII, ARCHITERCTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have complied with. ARTICLE VIII, USE OF PROPERTY, SECTION 1, MAINTENANCE OF PROPERTY Each owner shall keep all lots owned by him and all improvements therein or thereon, in good order and repair, 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 external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. B. REGIME AUTHORITY: Nothing in the Crofton Meadows HOA Regulations shall in any way affect the property owner’s obligation to fulfill individual regime requirements. The HOA Regulations are 13 intended to establish minimum standards and the existence of establishment of more strict standards by individual regimes is a regime perogative. C. APPLICATION PROCESSING PROCEDURE: Following is an outline of the procedure and sequence for processing homeowner’s applications for architectural changes within Crofton Meadows. 1. Homeowner obtains application from Management Agent. 2. Homeowner completes application and returns all copies to Management Agent. 3. Management Agent processes application as follows: (a) For Single Family homeowners’ applications, Management Agent forwards directly to the Architectural Control Committee Chairman for consideration at the next Committee meeting. (b) For Regime occupants’ applications, Management Agent forwards to Regime architectural control representative (of if there is non to the Regime president). 4. Regime architectural committee (or board of directors) considers application, makes recommendation for approval/disapproval, and returns all copies to Management Agent. 5. Management Agent forwards Regime-processed applications to HOA Architectural Control chairman for consideration at the next committee meeting. 6. Committee meets and acts on applications. Applications clearly indicated on forms. Disapproved applications with always contain an explanation as to reasons for disapproval. If there are steps the homeowner can take to alter plans to allow subsequent approval these actions will be detailed on the form and application will be considered as pending until the homeowner indicates acceptance or rejection of the actions. Upon acceptance, approval will be made. (NOTE THE HOMEOWNER MAY AT HIS DISCRETION APEAL ANY DISAPPROVAL TO THE HOA BOARD OF DIRECTORS AS SPELLED OUT IN THE COVENANTS. 14 SECTION II – SPECIFIC PROJECT REQUIREMENTS A. BUILDING ALTERATIONS, ADDITIONS, DETACHED STRUCTURES AND, MAINTENANCE THEREOF: 1. GENERAL: Any addition to an existing building, any exterior alteration, modification or change to an existing building or any new detached structure must have the approval of the Committee before any work is undertaken. Examples of such projects include, but are not limited to, a deck, greenhouse, storage shed, fireplace, or patio enclosure. 2. MATERIALS AND COLOR: a. only materials harmonious with color and design of the parent parent structure, or compatible with the architectural design character of the community will be approved. b. exterior color changes will be approved only if the proposed color is in harmony with the other existing homes in the community or if the color is similar to the colors originally employed in the community. c. in general, only those areas that are painted may be repainted; Only those areas that are stained may be restrained; unpainted surfaces and unstained areas such as brick shall remain unpainted and unstained. 3. Application for county building permit, validly executed where required b county law or state law shall accompany the request for a project as described in Section II A1 above. B. FENCE CONSTRUCTION: 1. Each application for fence construction or modification will be accompanied by a complete and accurate property survey. Note that the property survey is usually included in realty papers applicable to the property’s purchase, and may be used or copied to fulfill this requirement. 15 2. The height of any fence shall not exceed six (6) feet from top to ground. 3. The fence must be made of all wood, except for the commonly used hardware. 4. The location of the fence shall not extend beyond the front line of the house. 5. The fence shall remain in its natural wood finish or clear preservatives may be used to prolong the life of the fence: natural or redwood stains are acceptable providing they are consisted with the type of wood used in the French construction and with the architecture of the community as a whole. Fences will not be painted. 6. The fence is to be in architectural with the adjoining structure. 7. The following fence types have been previously approved by the Crofton Meadows HOA: stockade; picket; board-on-board (vertical wingate); slat; basket weave; split rail; and five board estate. Other styles will be considered on receipt of proper request. APPROVED FENCE TYPES: 16 ARTICLES OF INCORPORATION OF CROFTON MEADOWS HOME ASSOCIATION INC. In compliance with the requirements of Article 23 of Public General Laws of Maryland, the undersigned, all of whom are residents of Maryland and all of whom are of full age, have this day voluntarily associated themselves together for the purpose forming a corporation not for profit and do hereby certify: ARTICLE I The name of the corporation is CROFTON HOME OWNERS ASSOCIATION INC., hereafter called the “Association, the post office address of the principal office of the Corporations is 1109 Spring Street, Silver Spring, Maryland 20910. ARTICLE II The principal Office of the Association is located at 1109 Spring Street, Silver Spring , Maryland 20910. ARTICLE III F. LeRoy Houck, Jr., whose address is 3613 St. Barnabas Road, Suitland, Maryland 20023, is hereby appointed the initial registered agent is a citizen of the state of Maryland and actually resides herein. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence Lots and Common Area within that certain tract of property described as: 17 PARCEL NO. 1 Beginning for the same at a pipe found in the third (3rd) or South 46 degrees 46 degrees East, 68 perch line as described in a deed dated September 1, 1917 from William G. Williams and Louise William, his wife, to Charles Neal Underwood and recorded among the Land Records of Anne Arundel County, Maryland in Liber G.W. 140, folio 152; Said Point of Beginning; as now surveyed and with Bearing adjusted to the Anne Arundel County Grid System; being South 49 degrees 24 minutes 29 seconds East – 34.44 Feet from a stone found at the beginning thereof, thence running with binding of a part of said third line: South 49 degrees 24 minutes 29 seconds East, 830.59 feet; thence leaving said outline and running with and binding on a line of division thru and across the whole tract: South 42 degrees 50 minutes 19 seconds West – 14.21.83 feet to intersect the northerly Right-of –way line of Maryland Route 424 as now laid out 50 feet wide; thence running with and binding on a part of said Right-of-way line the following two (2) courses and distances: (1) North 33 degrees 56 minutes 42 seconds West –321.04 feet; thence (2) North 34 degrees 00 minutes 32 seconds West – 549.05 feet to intersect the southeasterly side of Reidel Road; thence leaving said thence leaving said Right-of-way line of Maryland Route 424 and running with and binding on the said southeasterly side of Reidel Road the (2) following courses and distances: (1) North 45 degrees 22 minutes 14 seconds East – 382.19 feet to a to a pipe found on said southeasterly side of Reidel Road; thence (2) North 42 degrees 51 minutes 44 seconds East – 809.11 feet to the Point of Beginning. Containing 25.008 Acres, more or less. The aforementioned Reidel Road is a private road for ingress and egress and for use in common with others. Being the same parcel of land as described in a deed dated January 18, 1966 and recorded among the Land Records of Anne Arundel County, Maryland in Liber L.N.P. 1941, folio 259 between 999 Investment Corporation and Leonard Tempchim, David Snider and Murray Kaye, Joint Tenants-Four Joint Venture. 18 PARCEL NO. 2 Beginning for the same at a stone found at the beginning of the third (3rd) or South 46 degree East – 68 perch line as described in a deed dated September 1, 1917 from William G. Williams and Louise Williams, his wife, to Charles Neal Underwood and recorded among the Land Records of Anne Arundel County in Liber G.W. 140, folio 152, and running thence and binding reversely on the second (2nd) or South 49 degree West – 121 Perch line of the heretofore mentioned conveyance; as now surveyed and with the Bearings adjusted to the Anne Arundel Grid System: North 45 degrees 47 minutes 23 seconds East – 2008.47 feet; said line also being the Northwesterly side of Reidel Road as heretofore described in Parcel One; thence South 53 degrees 33 minutes East – 1147.36 feed; thence North 45 degrees 58minutes and 34 seconds East – 880.24 feet to stone found; thence South 48 degrees31 minutes 07 seconds East – 2166.58 feet to the westerly side of Underwood Road as now laid out Thirty (30) feet wide, said last line being the same distance as described in a conveyance by W. Meade Holliday to Charles Neal Underwood by deed dated March 11. 1929 and recorded among the Land Records of Anne Arundel County, Maryland in Liber F.S.R. 44, folio 164 and passing thru a pipe found 296.31 feet from the end thereof; thence running with and binding on the westerlyside of said of said Underwood Road the seven (7) following courses and distances; (1) South 20 degrees in 16 minutes 23 seconds West – 129.24 feet; thence (2) South 15 degrees 46 minutes 27 seconds West – 373.89 feed; thence (3) South 8 degrees 33 minutes 22 seconds West –565.01 feet; thence (4) South 0 degrees 12 minutes 29 seconds East –304.24 feet; thence (5) South 4 degrees 23 minutes 10 seconds West – 335.19 feet; thence (6) South 2 degrees 01 minutes 31 seconds East – 365.93 feet; thence leaving the aforementioned Underwood Road and binding on and running with the three (3) 19 (7) South 6 degrees 01 minutes 12 seconds East – 189.54 feet; thence leaving the aforementioned Underwood Road and binding on and running with the three (3) following courses and distances described in a conveyance by Norman L. Bartgis and wife to Lemuel C. Buckingham and wife by a deed dated August 22. 1936 and recorded among the land Records of Anne Arundel County. Maryland in Liber F.A.M.153, folio 349 as now surveyed (1) North 87 degrees 05minutes 28 seconds West – 587.62 feet; thence (2) South 56 degrees 52 minutes 56 seconds West – 329.77 feet; thence (3) South 52 degrees 07 minutes 53 seconds West – 449.72 feet; thence running with ad binding reversely on the South 41 degrees 16 minutes 30 seconds East – 3081.38 foot line described in a mortgage by Myron M. Clark and wife to The Farmers National Bank of Annapolis (Maryland) dated February 21. 1956 and recorded among the Land Records of Anne Arundel County, Maryland in Liber G.T.C. 1003, folio 1 as now surveyed North 48 degrees 50 minutes 32 seconds West – 3081.38 feet to a stone found; said last described line passes thru a pipe found on line 1.95 feet from the beginning thereof, thence running wit and binding on the third (3rd) line of the conveyance from Williams to Underwood as heretofore mentioned, North 49 degrees 24 minutes 29 seconds West – 1330.25 feet to the point of beginning. Said last described line passing thru a pipe found 34.44feet from the end thereof, said pipe being the point of beginning of Parcel No. 1. Containing 253.720 Acres, more or less. and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to: (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Associations as set forth in that certain Declaration of Covenants, Conditions 20 and Restrictions, hereinafter called the “Declaration”, applicable to the property and recorded or to be recorded in the office of Land Records of Anne Arundel County, Maryland 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; (b) fix levy collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the businesses of the Association, including all licenses, taxes or government charges levied or imposed against the property the Association; (c) acquire (by gifts, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) borrow money, and with the assent of two-thirds (2/3) of each class of members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication sale or transfer; (f) participate in mergers and consolidations with other nonprofit corporations organized for the same purpose or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members; (g) have and to exercise any and all powers, rights and priProfit Corporation Law of the State of Maryland by law now or hereafter have or exercise; (h) this corporation shall not be authorized to issue capital stock. 21 ARTICLE V MEMBERSHIP Every person or entity who is a recorder owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. ARTICLE VI VOTING RIGHTS The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot 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 exercised as they 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 (s) shall be the Declarant (as) defined in the Declaration), and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class A membership equal the total votes outstanding Class A membership equal the total votes outstanding in the Class B membership; or (b) on July 1, 1975. ARTICLE VII BOARD OF DIRECTORS 22 The affairs of this Association shall be managed by a Board of nine (9) Directors, who need not be members of the Association. The number of directors may be changed by amendment of the By-Laws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are: Saul H. Bernstein 1109 Spring St., Silver Spring, Md. 20910 Julian M Seidel 1109 Spring St., Silver Spring, Md. 20910 Boris S. Lang 1109 Spring St., Silver Spring, Md. 20910 Leonard Tempchin 1109 Spring St., Silver Spring, Md. 20910 Edna McIntosh 1109 Spring St., Silver Spring, Md. 20910 F. LeRoy Houck, J. 3613 St. Barnabas Rd., Suitland Md. 20023 Thomas P. McCarron 3613 St. Barnabas Rd., Suitland, Md. 20023 Carole S. Seidel 1109 Spring St., Silver Spring, Md. 20910 Kenneth H. Seidel 1109 Spring St., Silver Spring., MD 20910 ARTICLE VIII DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of members. Upon dissolution the assets of the Association, other than incident to a merger or consolidation. The assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE IX DURATION The corporation shall exist perpetually. Article X AMENDMENTS 23 Amendment of these Articles shall require the assent of 75 percent (75%) of the entire membership be ARTICLE XI FHA/VA APPROVAL As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dissolution and amendment of these Articles. 24 AMENDED BYLAWS OF CROFTON MEADOWS HOME OWNERS ASSOCIATION ARTICLE I NAME AND LOCATION. The name of the corporation is CROFTON MEADOWS HOME OWNERS ASSOCIATION, INC., hereinafter referred to as the “Association”. The principal office of the corporation shall be located at 1109 Spring Street, Silver Spring, Maryland 20910 but meetings of members and directors may be designated by the Board of Directors. ARTICLE II DEFINITIONS Section 1. “Association” shall mean and refer to Crofton Meadows Home Owners Association, Inc., its successors and assigns. Section 2. “Properties” shall mean and refer to that certain real property described in the Declaration of Covenants, conditions and Restrictions, and such additions thereto as may hereafter be added within the jurisdiction of the Association. Section 3. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners. Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. SECTION 5. “Owner” shall mean and refer to the record owner, whether one or more Persons or entities, of the fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of as obligation. Section 6. “Declarant” shall mean and refer to Crofton Meadows 25 Association, a Limited Partnership, its successors and assigns if such successors or assigned should acquire more than one undeveloped Lot from the Declarant for th4e purpose of development. Section 7. “Dclaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of Land Records of Anne Arundel County, Maryland. Section 8. “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration. ARTICLE III MEETINGS OF MEMBERS Section 1. Annual Meetings. Annual meetings shall be held at a time convenient to the membership during the third (3rd) week of April each year. The exact time and location is to be determined by the Board of Diretors. Section 2. Special Meetings. Special meeting of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth of allof the votes of the Class A membership. Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of each of such notice, postage prepaid at least 15 days before such meeting to each member entitled to vote there at addressed to the member’s address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4 Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, five percent (5%) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote there at shall the meeting from time to 26 adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of members, each member may vote in person or proxy. All proxies shall be in writing ad filed with the secretary. Ever proxy shall be revocable and shall automatically cease upon conveyance by the member of is Lot. ARTICLE IV BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a Board of nine (9) directors, who need not be members of the Association. Section 2. Term of Office. A t the first annual meeting the members shall elect three directors and a term of one year, three directors for a term of two years and three directors for a term of three years; and at each annual meeting thereafter the members shall elect three directors for a term of three years. Section 3. Removal. Any director may be removed from the Board with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of this predecessor. Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS 27 Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days’ notice to each director. Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. 28 ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power to: (a) adopt and publish rules and regulations governing the use of the Common Area and and facilities, and the personal conduct of the members and their guests thereon, and to establish penalities for the infraction thereof; (b) suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for period not to exceed 60 days for infraction of published rules an regulations; (c) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration. (d) Declare the office of member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and (e) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. Duties. It shall be the duty of the Board of Directors to (a) cause to be kept a complete record of all its acts and corporate corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth of the Class A members who are entitled to vote: (b) cause the exteriors of the dwellings to maintained. (c) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed (d) as more fully provided in the Declaration, to: (1) fix the amount of the annual assessment against each lot at lea thirty (30) days in advance of each annual assessment period; (2) send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; an (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay same. (e) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates . If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment. (f) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate. (g) Cause the Common Area to be maintained. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Officers. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, s secretary, and a treasurer, and such other officers ass the Board may fro time to time by resolution create. 30 Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of this Association shall be elected annually and each by the Board and each shall hold office for one (1) year unless he shall sooner resign or shall be removed, or otherwise disqualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaced. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special officers created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the officers are as follows: PRESIDENT (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. 31 VICE PRESIDENT (b) The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties may be required to act, and shall exercise and discharge such other duties as may be required of him by the Board. SECRETARY © The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of the meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such duties as required by the Board. TREASURER (c) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be make by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and statement of income and expenditures as to be represented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE IX COMMITTEES The association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as providee in these Bylaws. In addition, the Board of Directorts shall appoint other committees as deemed appropriate in carrying out its purpose. ARTICLE X BOOKS AND RECORDS 32 The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any member the Principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE IX ASSESSMENTS As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of six percent per annum, an the Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property, and interest, cost, and reasonable attorney’s fees of any such action shall be added to the amount of such assessments. No Owner may waive or otherwise escape liability for the assessments provided for herein by non use of the Common Area or abandment of his Lot. ARTICLE XII CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the words CROFTON MEADOWS HOME OWNERS ASSOCIATION, INC. ARTICLE XIII AMENDMENTS Section 1. These Bylaws may be amended, at a regular or special meeting of the members, by vote of a majority of a quorum of members present in person or by proxy, except that the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments while there is a Class B membership. 33 Section 2. In the case of any conflict between the Articles of Incorporation an these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. ARTICLE XIV MISCELLANEOUS The fiscal year of the Association shall begin the first day of January and the end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. 34 DEED, AGREEMENT AND DECLARATION (AS AMENDED) WITNESSETH WHEREAS, Developer is the owner of the real property referred to in Article III and described in Exhibit “A” of this Declaration, and desires to develop therein a residential community together with common lands and facilities for recreational purposes for the benefit of such community; and WHEREAS, Developer desires to provide for the preservation of the values and amenities in said community and for the maintenance of said common land and facilities; and to this end, desires to subject the real property referred to in Article III and described in Exhibit “A” to the covenants, restrictions, easements, charges and liens, hereinafter set forth and referred to as the “Restrictions” each and all of which is and are for the benefit of said property and each owner thereof; an WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community to create an agency to which will be delegated and assigned the powers of maintaining and the community facilities; administering and enforcing the covenants and restrictions and charges hereinafter created; an WHEREAS, Developer has incorporated or intends to incorporate under the under the laws of the State of Maryland, as nonprofit corporation the Crofton Meadows Homeowners Association, Inc. for the purpose of exercising the functions aforesaid; and WHEREAS, In order to cause the restrictions to run with, burden and bind the Property, the Developer does, by this deed, convey and hereinafter described Property to the Declarant upon condition that Declarant covenant and declare as herein provided an forthwith reconvey the same to the Developer subject to, and burdened and bound by the Restrictions. NOW THEREFORE, THIS DEED, AGREEMENT, AND DECLARATION, WITHNESSSETH: that for and in consideration of the premises and the sum of (Five $5.00) paid by each party to the other, receipt and sufficiency whereof being hereby mutually acknowledged, the parties hereto do hereby grant, covenant and declare as follows: 35 The Developer does hereby grant convey and assign unto the Declarant all that Property, located in the 2nd Tax District of Anne Arundel County, Maryland, and described in Exhibit “A” attached hereto; subject to the Restrictions herein after set forth. TO HAVE AND TO HOLD the above granted Property unto the Declarant, her heirs, executors, administrators and assigns, forever, in fee simple, subject, however, to the restrictions which it is hereby covenanted and agreed shall be binding upon (I) the Declarant, her heirs, executors, administrators and assigns and (ii) the Property, to the end that the Restrictions shall run with, bind and burden the Property, for and during the period of time hereinafter specified. ARTICLE I DEFINITIONS Section 1. The following words when used in this Declaration or any supplement hereto (unless the context shall prohibit) shall have the following meanings: (a) “Association” shall mean and refer to the Crofton Meadows Homeowners Association, Inc. its successors and assigns. (b) “The Properties” shall mean and refer to all properties, including Lots to be recorded and a Common Area, as are subject to this Declaration, and which are described in Exhibit “A” (c) “Common Areas” shall mean and refer to that area of land described in Exhibit “B” attached thereto and forming a part land described in Exhibit “B” attached hereto and forming a part hereof. Said areas are intended to be devoted to the common use and enjoyment of the members of the Association as herein defined, and not dedicated for use by the general public. (d) “Lot shall mean a single family residential unit contained within a condominium created pursuant to the provisions of the Horizontal Property Act of the State of Maryland, or a subdivided parcel of land intended to be used for the construction of and occupied as a single family residential dwelling”. (e) “Owner” shall mean and refer to the record owner, whether one or more persons or enitites, of the free simple title to any Lot but shall 36 not mean or any mortgagee or subsequent holder of a mortgage, unless an until such mortgagee or holder of a mortgage, unless and until such mortgagee or holder has acquired title pursuant the foreclosure or any proceeding in lieu of foreclosure. (f) “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article II, Section I, hereof. ATRITLE II MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall by appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Developer and shall be entitled to one vote for each Lot 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 exercised as they 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(s) shall be the Developer, its successors and assigns, and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total of votes outstanding in the Class B membership, or (b) at the expiration of three years from the respective dates on which the Properties, or any additions thereto, become subject to these Covenants. ARTICLE III PROPERTY SUBJECT TO THIS DECLARATION ADDITIONS THERETO 37 Section 1. Existing Property. All that property located in the 2nd Tax District of Anne Arudel County, and described in Exhibit A attached to this Deed, Agreement and Declaration. Section 2. Additions to the Property by the Developer. If the Developer, its successors and assigns, should develop the Developer, its successors and assigns, should developer and assigns, should develop additional lands contiguous to the Properties, such additional lands may be annexed by the Developer without the consent of Class A members within five (5) of years of the date of this Deed, Agreement and Declaration, provided that the Federal Housing Administration and the Veterans Administration determine that the annexation is in accord with the general plan heretofore approved by them. Notwithstanding the foregoing, additional lands may be annexed to The Propertied at anytime with the consent of two-thirds of each class of members. Section 3. Mergers. No merger or consolidation of the Association shall be effective without the assent of two-thirds of each class of membership as provided in the Association’s Articles of Incorporation. Upon a merger or so provided, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association, or alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligation of the Association, and the surviving or consolidated association my administer the covenants and restrictions established by this Declaration within the Properties together with 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 Properties except as hereinafter provided. ARTICLE IV PROPERTY RIGHTS IN THE COMMON AREAS SECTION 1. Members’ Easements of Enjoyment. Subject to the provisions of Section 3 of this Article IV, every Owner shall have a right and easements of enjoyment in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Lot. Section 2. Title to Common Areas. The Developer hereby covenants, 38 for itself, its successors, and assigns that prior to the conveyance of the first Lot it will convey by Special Warranty Deed fee title to the Common Areas to the Association free and clear of all encumbrances and liens, except those created by or pursuant to this Declaration. Section 3. Extent of Member’s Easement. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the rights of the Association, with the assent of two-thirds of each class of membership in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Areas, and in aid thereof to mortgage said properties and the rights of such mortgage in said properties shall be subordinate to the rights of the Owners hereunder: (b) the right of the Association to take such steps as are reasonably necessary to protect the above descried properties against foreclosure; (c) the rights of the Association, as provided in its Articles and Bylaws, to suspend a member’s voting rights and his enjoyment rights in the recreational facilities for any period during which may assessment remains unpaid, and for any period not to exceed thirty days for any infraction of its published rules and regulations; (d) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; 39 (e) 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 and subject to such conditions as may be agreed to by the members, provided that no such dedication or transfer, determination as to provide the purposes or as to the conditions thereof, shall be effective unless an instrument signed by members entitled to cast two-thirds of the votes of the Class A membership and two-thirds of the votes of the Class B membership, if any. Jas been recorded, and unless written notice of the Action it sent to every member at least sixty (60) days in advance of any action taken; and (f) the right of the Developer, prior to the conveyance of the Common Area, and of the Association, to grant and reserve easements and rights-of-way through, under, over and across the Common Areas, for the installation, maintenance and inspection or lines and appurtenances for public or private water. sewer, drainage, fuel oil and other utilities. Section 4. Delegation of Use. Any owner may delegate his right of enjoyment to the Common Area an facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for herself and her heirs and assigns, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, cost, and reasonable attorney’s fee, shall be a charge on land and shall be a continuing lien upon the property against which each such a assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell 40 due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purposes of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents I the Properties and in particular for the Improvement and maintenance of properties and the homes situated therein, and services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas, including but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof. 40 Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment for Class A members shall be Forty-Eight Dollar ($48.00) per Lot, payable monthly and, for Class B members, Fifty percent (50%) of the Class A member’s assessment per lot, payable yearly. (a) from and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 3% above the maximum assessment for the previous year without a vote of the membership. (b) from and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 3% by a vote of two-thirds of each class members who voting in person or by proxy, at a meeting duly called for this purpose. © The Board of Directors ma fix the’ annual assessment at an amount not in excess of the maximum. 41 The Board of Directors of the Association may, after consideration of current maintenance costs and future needs for the Association, fix the annual assessment for any year at a lesser amount, provided that it shall be an affirmative obligation of the Association and its Board of Directors, to fix such assessments at an amount sufficient to maintain and operate the Common Areas and facilities. Section 4. Special Assessments for Capital Improvement. In addition to the annual assessments authorized by Section 3 of this Article V, the Association may levy in any assessment year a special assessment (which must be fixed at a uniform rate for all Lots) applicable to that year only, in an amount no higher than the maximum annual assessment then permitted to be levied hereunder, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds of the votes of each class members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty days nor more than sixty days in advance of the meeting setting forth the purpose of the meeting. Section 5. Quorum for any Action Authorized under 3 (b) and 4. The quorum required for any action authorized by Section 3(b) and 4 of of this Article V, shall be as follows: At the first meeting called, as provided in Section 3 (b) and 4of this Article V, the presence at the meeting of members or of proxies entitled to cast sixty percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forth coming at any meeting, another meeting may be called, subject to the notice requirements set forth is Section 3 (b) and 4, and the required quorum at such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that such subsequent meeting shall not be held more than sixty days following the preceding meeting. 42 Section 6. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the common areas to the association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The due dates of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessments. Section 7. Duties of the Board Directors. In the event of any change in the Annual assessment as set forth herein, the Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot for each assessment period at least thirty days in advance of such data or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the office of the Association and shall be open to inspection any Owner. Written notice of the assessment shall thereupon be sent to every Owner subject thereto. The Associations shall, upon demand at any time, furnish to any owner liable for said assessment a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. Such certificate shall be prima facle evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non-Payment of Assessments. The Personal Obligation of the Owner; The Lien; Remedies of Association. If any assessments not paid on the date when due (being the dates specified in Section 6 hereof) then such assessment shall be deemed delinquent and shall, together with such interest thereon and cost of collection thereof as are hereinafter provided, continue as a lien on the Lot which shall bind such Lot in the hands of the then Owner, his heirs, devisees, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain is personal obligation and shall not pass to this successors in title unless expressly assume by them. 43 If the assessments not paid within thirty days after the delinquency date, and assessment shall bear interest from the date of delinquency at the rate of six percent per annum and the Association may bring legal action against the Owner personally obligated to pay the same or may enforce or foreclose the lien against the property; and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney’s fee to be fixed by the court together wit the costs of the action. Section 9. Subordination of the Lien to Mortgages. The Lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien However the sale of transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Exempt Property. The following properties subject to this Declaration shall be exempted from the assessment, charge and lien create herein: (a) all properties dedicated to and accepted by a governmental body, agency or authority, and devot4d to public use; (b) all Commons Areas as defined in Article I, Section 1, hereof. Notwithstanding any provisions herein, no land or improvements intended to be used of the future for, or now devoted to dwelling use shall be exempt from said assessments, charges or liens. 44 ARTICLE VI EXTERIOR MAINTENANCE In the event an owner of any lot in the Properties shall fail to maintain the premises and the improvements situated thereon as provided in Article III hereon, the Association, after approval by two-thirds vote of the Board of Directors, shall right, through its agents and employees to enter upon said parcel and to repair, maintain, and restore the a lot and the exterior of the buildings and any other improvements erected thereon. Te cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject. ARTICLE VII ARCHITECTURAL CONTROL No building, fence, all or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design ad location in relation to surrounding structures and topography by the Board of Directors of the Association or by any architectural committee composed of three (3) more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 45 ARTICLE VIII USE OF PROPERTY Section 1. Maintenance of Property. Each Owner shall keep all lots owned by him and all improvements therein or thereon in good order and repair, including but limited to, the seeding, watering and mowing all lawns, the pruning and seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. Section 2. Permitted Use. No Lot, or any portion thereof shall be used for any purpose other than as a single family private residence. Section 3. Prohibited Uses. (a) no noxious or offensive acts shall be conducted in or upon, or suffered to be conduced in upon any Lot; nor shall any nuisance be maintained, or suffered to be maintained or upon any such Lot. (b) no lot shall be split, divided, or subdivided for sale, resale, gift, transfer or otherwise. © no facilities, including poles and wires, for the transmission of electricity, telephone messages and the like shall be placed or maintained above the surface of the ground on any Lot, and no external or outside antennas of any kind (other than those for external or outside antennas of any kind (other than those for ordinary television reception) shall be permitted or maintained). (c) no motor vehicles, (other than that of a private passenger type), boat, boat trailer, house trailer, or any or any similar items shall be store in or upon any Lot. (d) no temporary building, trailer, garage, or building in the course of construction or other temporary structure shall be used, temporarily, or permanently, as a residence on any Lot. 46 (e) no lumber, metals, building materials, refuse or trash shall be kept, stored or allowed to accumulate on any Lot, except building materials during the course of construction of any approved structure. If trash or other refuse is to be disposed of by being disposed of by being picked up and carried away on a regular and recurring basis, containers may be replaced in the open, on any day that a pick-up is to be made in such a place so as to provide access to persons making such pick-up. At all other times such containers shall be stored in such a manner so that they cannot be seen from adjacent and surrounding property. The Board of Directors in its discretion, may adopt and promulgate reasonable rules and regulations relating to the size shape, color and type of containers permitted and the manner of storage of the same on the Lots. (f) no water pipes, sewer pipe or drainage pipe shall be installed or maintained on any Lot above the surface of the ground, except hoses and movable pipes used for irrigation purposes. No Lot shall be used for the purpose of boring, mining, quarrying, exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. (g) no birds animals or insects shall be bred. raised, kept or maintained on any Lot except for domestic purposes. Under no circumstances shall any commercial or business enterprise involving the use of animals be conducted on the property. The Board of Directors may, from time to time, publish and impose reasonable regulati9ons setting forth the type and number of domestic animals that may be kept on any Lot. 47 (h) no sign or other advertising device of any nature shall be placed upon any Lot except as provided herein. The Board of Directors may, in its discretion, adopt and promulgate rules and regulations relating to signs which may be employed. Notwithstanding the foregoing, a family or professional name plate, a name and address plate, none of which shall exceed 240 square inches in area, ad a temporary sign, not to exceed eight (8) square feet in area for the purpose of advertising the property for sale may be displayed on a Lot. The Board of Directors may establish other criteria with respect to the size form and location of such signs. (i) use of Lot for any purpose other than that of a single family residence shall not be permitted. The Board, in its discretion, upon consideration of the circumstances in each case and particularly effect on surrounding Property, may permit a Lot, or any Improvement thereon, to be used in (j) whole or in part for some purpose other than a single family residence. No such use shall be permitted, however, unless it is considered, by the Board pf Directors, to be compatible with a high quality residential neighborhood. (k) no clothing or any other household fabrics shall be hung in the open on any Lot unless the same are hung from an umbrella or retractable clothes hanging devise which is removed from view when not in use and unless the same is enclosed by a fence or other enclosure at least six inches higher than such hanging articles, provided such fence or other enclosure is approved the by the Board of Directors. No machinery shall be placed or operated upon any Lot except such machinery as is usual in maintenance of a private residence. 48 Notwithstanding other provisions herein, the Board of Directors may authorize and Owner of any Lot with respect to the property owned by him, to (a) maintain a sign other than as expressly permitted herein: (b) locate structures other than the principal dwelling house within set-back areas on a temporary basis. ARTICLE IX DELEGATION OF AUTHORTY Any and all rights and powers granted to the Board of Directors under Article VIII hereof may be delegated in whole or in part to an Architectural Committee if the same is established pursuant to the provisions of Article VII hereof. ATRICLE X GENERAL PROVISIONS Section 1. Duration and Amendment. The covenants and restrictions of this Declaration run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty years from the date this deed is recorded; after which time said covenants shall be automatically extended for successive period of ten years each unless an instrument signed by the then Owners of two-thirds of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. Unless specifically prohibited herein, this Declaration may be amended by an instrument signed by Owners holding not less than seventy-five percent of the votes of the membership at any time until the end of the initial twenty year term of this Deed and thereafter by an instrument signed by the Owner holding not less than two-thirds of the votes of the membership. Any amendment must be properly recorded to be effective 49 Section 2. Notices. Any notice required to be sent to any member or Owner under the provisions of this instrument shall be deemed to have been properly sent when mailed postpaid, to the last known address of the person who appears as member or Owner on the records of the Association at the time of such mailing. Section 3. Enforcement. The Association, or any Owner, shall have the rights to enforce these covenants and restrictions by any proceeding at law or in equity, against any person or persons violating or attempting to violate any covenant or restriction, to restrain violation, and to require specific performance, and any reasonable attorney’s fees or other costs of enforcement incurred by the Association shall be chargeable to the Owner of the Lot violating these covenants and restrictions and shall constitute a lien on the Lot, collectible in the same manner as assessments hereunder. Section 4. Sever ability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect the validity of an other provisions, which shall remain in full force and effect. Section 5. FHA/VA. As long as there is a Class B membership the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, dedication of Common Areas, mortgaging the Common Areas and amendment of this Declaration of Covenants, Restrictions, Easements, Charges and Liens. Exhibit “A” attached to a deed dated July 13, 1971 from Crofton Meadows Associates, a Maryland Limited Partnership, to Mary Ann Dannemiller, unmarried. All that land and premises situate and lying in the County of Anne Arundel, State of Maryland, being more particularly described in two parcels as follows: 50 PARCEL NO. 1 The aforementioned Reidel Road is a private road for ingress and egress and for use in common with others. Being the same parcel of land as described in a deed dated January 18, 1966 and recorded among the Land Records of Anne Arundel County, Maryland in Liber L.N.P. 1941, folio 259 between 999 Investment Corporation and Leonard Tempchin, David Snyder and Murray Kaye, Joint Tenants with Rights of Survivorship, Trustees for Four Twenty-four Joint Venture. PARCEL NO. 2 BEGINNING for the same at a stone found at the beginning of the third (3rd) or South 46 degrees East –68 perch line as described in a deed dated September 1, 1917 from William G. Williams and Louise Williams, his wife, to Charles Neal Underwood and recorded among the Land Records of Anne Arundel County in Liber G.W. 140 folio 152, and running thence and binding reversibly on the second (2nd) or South 49 degree West – 121 perch line of the heretofore mentioned conveyance; as now surveyed and with Bearing adjusted to the Anne Arundel Grid System; North 56 degrees 47 minutes 23 seconds East – 2008.47 feet; said line also feet; said line also being the Northwesterly side of Riedel Road as heretofore described in Parcel One; thence south 53 degrees 33 minutes East – 1147.36 fee; thence North 45 degrees 58 minutes 34 seconds East – 880.24 feet to stone found; thence South 48 degrees 31 minutes 07 seconds East – 2166.58 feet to the westerly side of Underwood Road as now laid out Thirty (30) feet wide, said last line being the same distance as described in a conveyance by W. Meade Holliday to Charles Neal Underwood by deed dated March 11, 1929and recorded among the Land Records of Anne Arundel County Maryland in Liber F.S.P. 44 folio 164 and passing thru a pipe and binding on the westerly 296.31 feet from the end thereof; thence running with and binding on the westerly side of said Underwood Road the seven (7) following courses and distances 51 (1) South 20 degrees 16 minutes 23 seconds West – 129.24 feet; thence (2) South 15 degrees 46 minutes 27 seconds West – 373.89 feet; thence (3) South 8 degrees 33 minutes 22 seconds West – 565.01 feet; thence (4) South 0 degrees 12 minutes 29 seconds East – 304.24 feet’ thence (5) South 4 degrees 23 minutes 10 seconds West – 335.19 feet; thence (6) South 2 degrees 01 minutes 31 seconds East – 365.93feet; thence (7) South 6 degrees 01 minutes 12 seconds East – 365.93 feet; thence leaving the aforementioned Underwood Road and binding on and running with three (3) following courses and distance described in a conveyance by Norman L. Bartgis and wife to Lemuel C. Buckingham and wife by a deed dated August 22, 1936 and recorded among the Land Records of Anne Arundel County, Maryland in Liber F.A.M. 153, folio 349 as now surveyed (1) North 87degrees 05 minutes 23 seconds West – 587.62 feet; thence (2) South 56 degrees 52 minutes 56 seconds West – 329.77 feet; thence (3) South 52 degrees 07 minutes 53 seconds West – 449.72 feet; thence running with and binding reversal on the South 41 degree 16 minute 30 seconds East – 3081.38 foot line described in a mortgage by Myran M. Clerk and wife to The Farmers National Bank of Annapolis (Maryland) dated February 21, 1956and recorded among the Land Records of Anne Arundel County, Maryland in Liber G.T.C. 1003, folio 1 as now surveyed North 48 degrees 50 minutes 32 seconds West – 3081.38 feet to a stone found; said last described line passes thru a pipe found on line 1.95 feet from the beginning thereof, thence running with and binding on the third (3rd) line of the conveyance from Williams to Underwood a heretofore mentioned, North 49 24 minutes 29 seconds West – 1130.25 feet to the point of beginning. Said last described line passing thru a pipe found 34.44 feet from the end thereof, said pipe being the point of beginning of Parcel No. 1 Containing 253/720 Acres, more or less. 52 Encompassed within the above acreage is the “Common Area” containing 16.503acres of land, more or less. Exhibit “B” attached to a deed dated July 13, 1971 from Crofton Meadows Associates, a Maryland Limited Partnership, to Mary Ann Dannemiller, unmarried. BEGINNING for the First at a point having coordinate value of North 429998.37 and East 892142.92and running thence with the following twenty (21) courses and distance, viz: (1) North 40 degrees 39’40” East 224.71 feet, (2) South 51 degrees 35’ 50 East 359.91 feet, (3) South 82 degrees 35’ 20” East 949.00 feet, (4) North 33 degrees 55’ 40” East 534.24 feet, (5) 29.74 Feet along the arc of a curve to the right, having a radius of 20.00 feet and a chord bearing North 76 degrees 31’ 50” East 27.08 feet, (6) South 60 degrees 52’ 00” East 17653 feet. (7) South 29 degrees 08’ 00” East 176.53 feet. (8) South 26 degrees 42’ 15” East 90.15 feet, (9) 185.78 feet along the arc of a curve to the left, having a radius of 630.00 feet and a chord bearing South 20 degrees 20’ 23” West 185.11 feet, (10) 30.23 feet along the arc of a curve to the right having a radius of 20.00 feet along and a cord bearing South 55 degrees 11’45” West 27.44 feet, (11) North 81 degrees 30’ 00” West 227.56 feet, (12) 52.46 feet along the arc to the left having a radius of 730.00 feet and a chord bearing North 83 degrees 33’ 31” West 52.45 feet (13) North 05 degrees 28’ 30” East 281.38 feet (14) North 84 degrees31’ 30” West 515.00 feet, (15) South 03 degrees 58’ 30” West 150.00 feet (16) South 03 degrees 58’ 30” West 290.00 feet, (17) South 06 degrees 44’ 00” East 202.24 feet. (18) South 20 degrees 08’ 00” West 185.00 feet, (19) North 69 degrees 52’ 00” West 180.00 feet (20) North 20 degrees 52’ 00” East 165.00 feet, (21) North 07 degrees 59’ 20’’ West 512.01 feet, (22) North 49 degrees 20’ 20” West 240.00 feet, to the place of beginning containing 16.503 acre of land, more or less. 53 AMENDMENT TO DECLARATION THIS AGREMENT, made this 1st Day of March, 1974, by and between CROFTON MEADOWS ASSOCIATES, a Limited Partnership, hereinafter referred to as “Developer”, MARY ANN BESS (formerly known as Mary Ann Dannemiller), hereinafter referred to as the “Declarant”, CROFTON MEADOWS HOME OWNERS ASSOCIATION, INC., hereinafter referred to as “Association”, and ARTERY CROFTON, A Maryland Corporation, hereinafter referred to as “Artery”. WITNESSETH: WHEREAS, Developer was the owner of certain real property in Anne Arundel County, Maryland and desired to develop thereon a residential Community together with common land and facilities for recreational Purposes for the benefit of such community, and WHEREAS, to accomplish same the Developer and Declarant, by a Document entitled “Deed, Agreement and Declaration” dated July 13. 1971 And recorded July 20, 1971 in Liber 2421 at folio 443 among the Land Records of Anne Arundel County, Maryland, did establish certain Restrictions to run with, burden and bind the property described therein, and WHEREAS, that portion of the property decribed in the aforementioned Deed, Agreement and Declaration which is designated as Parcel One 54 containing 25.008 acres more or less has been heretofore deemed by the Board of Directors of the Association, the Declarant and the Developer, as not being a “lot” as that term is defined in the Deed, Agreement and Declaration, inasmuch as said Parcel One is not intended or subdivided for residential use on any subdivision maps recorded or intended to be recorded and is therefore not subject to the subject to the mentioned restrictions. WHEREAS, a portion of said Parcel One has been conveyed to Artery and a portion of the land is to be used for commercial use and the parties Hereto have heretofore agreed that such use is desirable and compatible with the use of the remaining land, and WHEREAS, the parties hereto believe what it would be desirable to Release said Parcel One from the effect of the aforesaid Deed, Agreement and Declaration since said Parcel will not be developed as an integral part of the Crofton Meadows single family residential community, and therefore will not be subject to covenants, assessment or benefits of said Declaration, a and WHEREAS, the Developer is the Owner of land subject to said Deed, Agreement and Declaration whereby the Developer holds more than seventy-five (75%) per cent of the votes of the membership in the Association and therefore pursuant to Article X, section 1 of said Deed, 55 Agreement and Declaration has the right to amend said instrument by releasing said Parcel One from the effect thereof and the Declarant, Artery and Association join herein for the purpose of signifying their consent to this Agreement. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, each to the other in hand paid, the parties hereto do hereby agree that all of that land and premise situate, lying and being in the Second Tax District of Anne Arundel County, Maryland described as follows: BEGINNING for the same at a pipe found in the third found in the third (3rd) or South 46 degrees East 68 perch line as described in a Deed dated September 1, 1917 from William G. Williams and Louise Williams, his wife to Charles Neal Underwood and recorded among the Land Records of Anne Arundel County, Maryland in Liber G.W. 140, folio 152; said point of beginning as now surveyed, and with bearings adjusted to the Anne Arundel County Grid System, being South 49 degrees 24 minutes 29 seconds East 34.44 feet from a stone found at the beginning thereof, thence running with and binding on a part of said third line, South 49 degrees 24 minutes 29 seconds East 830.59 feet, thence leaving said outline and running with and binding on a line of division thru and across the whole tract. South 42 degrees 50 minutes 19 seconds West. 1421.83 feet to intersect the Northery Right-of-Way line of Maryland Route 424 as now laid out 50 feet wide; thence running with and and binding on a part of said Right-of-Way line the following two (2) courses and distances: 56 (1) North 33 degrees 56 minutes 42 seconds west 321.04 feet, thence (2) North 34 degrees 00 minutes West 549.05 feet to intersect the southeasterly side of Riedel Road the two (2) following courses and distances: (1) North 45 degrees 22 minutes 14 seconds East 382.19 feet to a pipe Found on said of Riedel Road; thence (2) North 42 degrees 51 minutes 44 seconds East 809.11 feet to the Point of Beginning, containing 25.008 acres, more or less. Is hereby released from the force and effect of al of the covenants, restrictions, easements charges and liens created by that certain Deed, Agreement and Declaration by an between Crofton Meadow Associates, a Limited Partnership and Mary Ann Dannemiler, date July 13, 1971 and recorded July 20, 1971 in Liber 2421 at folio 443 among the Land Records of Anne Arundel County, Marylamd, all with the same force and effect as If said Parcel of land had never been included in the property subjected to said covenants, restrictions, easements, charge and liens. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as of the day and year first above written. CROFTON MEADOWS ASOCIATES, 57 AGREEMENT AND DECLARATION THIS AGREEMENT AND DECLARATION, made this 1st day of March, 1974, by and between CROFTON MEADOWS ASOCIATES, a Limited Partnership (hereinafter referred to a the “Developer”), MARY ANN BESS (formerly known as Mary Ann Dannemiller) a resident of Prince George’s County, Maryland (hereinafter referred to as the Declarant”), And CROFTON MEADOWS HOME OWNERS ASSOCIATION, INC., (hereinafter referred to as the “Association”). WITNESSETH THAT: WHEREAS, Developer was the owner of certain real property in Anne Arundel County, Maryland, and desired to develop therein a residential community together with common land and facilities for recreational purposes for the benefit of such community, and WHEREAS, to accomplish same, the Developer by a document entitled “Deed”, Agreement and Declaration” dated July 13, 1971, and recorded on July 20, 1971, in Liber 2421 at folio 443 among the Land Records of Anne Arundel County, Maryland naming therein the Declarant, did establish certain restrictions to run with, burden and bind the property described therein , and 58 WHEREAS, Article VIII, entitled Use of Property, Section 3 (j) of said Deed, Agreement and Declaration provides that the use of a “lot” for any purpose other than a single-family residence shall not be permitted, unless the Board of Directors of the Association, in its discretion, upon consideration of the circumstances in each case and particularly the effect on surrounding property, determines that a “lot”, or any improvement thereon, may be used in whole or in part for some purpose other than a single-family residence if the Board of Directors considers said use to be compatible with a high-quality residential neighborhood, and WHEREAS, that portion of the property described in the aforementioned Deed, Agreement and Declarant which is designated a Parcel One, containing 25.008 acres, more or less, has been heretofore deemed by the Board of Directors, the Declarant and the Developer as not being a “lot” as that term is defined in the Deed, Agreement and Declaration, inasmuch as Parcel One is not intended and subdivided for residential use on any subdivision maps recorded or intended to be recorded and is, therefore, not subject to the above mentioned restrictions, and WHEREAS, although the permission and acquiescence is unnecessary Since Parcel One is not a “lot”, its nevertheless been determined by the Board of Directors to be property which is appropriate for commercial use, 59 and use other than as an integral part of the Crofton Meadows single family residential community and the Board of Directors, in its discretion after considering after considering the circumstances of the case, and particularly the effect on surrounding property, has determined that Parcel One and any improvements thereon would thereon would best be used as aforesaid, and that such use would be compatible with a high-quality residential neighborhood, and NOW, THEREFORE, THIS AGREEMENT AND DECLARATION WITHNESSETH: For and in consideration of the premises and the sum of Five (5.00) dollars, paid by each party to other and the receipt and Sufficiency whereof being hereby mutually acknowledged, the parties hereto Do hereby grant, covenant and declare as follows: The Board of Directors of Crofton Meadows Home Owners Association, Inc. does hereby acknowledge that it has determined that the property Described in the Deed, Agreement and declaration aforementioned as Parcel One, containing 25.008 acres, more or less, although not a “lot” As that term is defined in the Deed, Agreement and Declaration, is Property which would be more appropriate for a commercial use and uses Other than as an integral part of the Crofton Meadows single family Residential community and the Board of Directors, in its discretion, 60 upon consideration of the circumstances of the case, and particularly the effect on surrounding property, does hereby permit and agree that said Parcel One, and any improvement thereon, may be used for a commercial purpose, and/or residential uses which are not included in and made an integral part of the Crofton Meadows single family residential community, the Board of Directors considering said uses to be compatible with a high- quality residential neighborhood, and The Developer and Declarant also join herein to acknowledge their agreement, concurrence and acceptance of said determination by the Board of Directors and their agreement to the use of Parcel One for such Purposes. IN WITNESS WHEREOF, the parties hereto have duly executed this Instrument on the day and year first above written. CROFTON MEADOWS HOME OWNERS ASSOCIATION, INC. 61 |