DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION,
Made this 21st day of March, 1978, by CONNOLLEY HOMES, INC. a body
corporate of the State of
WHEREAS, declarant is the owner of certain property in Anne Arundel County, State of Maryland, which is more particularly described in Exhibit A attached hereto and being all of that land shown on the Plat of Brightleaf II which is recorded among the Plat Records of Anne Arundel County, Maryland in Liber 66 fiolo 12, and 13; and
WHEREAS,
Declarant desires to convey the said land, or parte thereof, and improvements
thereon subject to certain protective covenants, conditions, restrictions,
reservations, liens and charges as hereinafter set forth.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section
1. “Association” shall mean
and refer to Brightleaf II Association, Inc., a
Section 2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. “Properties” shall mean and refer to that certain real property hereinabove described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. “Common Area” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owner, being all of the real property hereinabove described with the exception of the lots. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows:
BEING known and designated as
Recreation Area “B” containing .889 acres, more of less, Recreation Area “C”
containing 1.47 acres, more or less, and Recreation Area “D” containing .238
acres, more or less, as shown on the plat entitled “Brightleaf, Section II,
Plat One” recorded among the Land Records of Anne Arundel county in Plat Book
66, Page 12.
Being known and designated as
Recreation Area “A” containing 6.26 acres, more or less, Recreation Area “E”
containing 2.06 acres, more or less, as shown on the Plat entitled “Brightleaf,
Section II, Plat Two” recorded among the Land Records of Anne Arundel county in
Plat Book 66, Page 13.
Section
5. “
Section
6. “Declarant” shall mean and
refer to Connolley Homes, Inc., its successors and assigns if such successors
of assigns should acquire more than one undeveloped
ARTICLE II
PROPERTY RIGHTS
Section
1. Owners Easements of
Enjoyment. Every owner shall have a
right and easement of enjoyment in and to the Common area which shall be
appurtenant to and shall pass with the title to every
(a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which and assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;
(c) The right of the Association to decide or transfer all or any part of the Common Area to any public agency, authority, or utility, for 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 agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded.
(d) The right of the individual member to the exclusive use of parking spaces as set aside for parking.
Section 2. Delegation of Use. Any owner may delegate in accordance with the By Laws, his right of enjoyment [ to the Common Areas. ]
ARTICLE III
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 be 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 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 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 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 B membership; or
(b) On January 1, 1982.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, 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, costs and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon the property against which such 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 due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and or the improvement and maintenance of the Common Area.
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 shall be Ten Dollars ($10.00) per lot.
(a)
From and after January 1 of the year immediately following
the conveyance of the first
(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 the maximum percentage by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvement. In addition to the annual assessments authorized above, the Association may levy, in any assessments year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstructions, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that, any such assessment shall have the assent or two-thirds (2/3) or the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the notice requirements, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis.
Section 7. 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 Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against such lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance.
Section
8. Effect of Nonpayment of
Assessments, Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall bear
interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law
against the Owner personally obligated to pay the same, or foreclose the lien
against the property. No Owner may waive
or otherwise escape liability for the assessments provided for herein by
non-use of the Common Area or abandonment of his
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.
Section 10. Exempt Property. The following property subject to the Declaration shall be exempt from the assessments created herein (a) all properties dedicated to and accepted by a local public authority; (b) the Common Area; and (c) any Lot owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Maryland, unless such Lot is used for dwelling purposes.
ARTICLE V
ARCHITECTURAL 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 or improvement, including change of colors, therein or thereon, be made until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography of 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 specification have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. This Article shall not apply to the Class B member.
ARTICLE VI
SPECIAL MAINTENANCE
In the event that there is an obvious need for maintenance or repair which is caused through the willful or negligent act of the Owner, his family or guests or invitees, and if such maintenance or repair is not made within thirty (30) days after notice to maintain or repair is sent by the Board of Directors, the Board of Directors may cause such maintenance or repair to be performed. The costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner’s lot is subject. The Board of Directors, through its officers or agents, shall have the right to enter upon such lot to perform maintenance or repairs, without incurring any liability therefore.
ARTICLE VII
USE RESTRICTIONS
Section 1. No property shall be used except for residential purposes, or for professional offices.
Section
2. No building, accessory
building or structure, shed, awning, porch or porch covering, garage, trailer,
tent, driveway, back fence, hedge, screen, barn walls or other structures shall
be allowed, constructed or altered upon any lot or dwelling thereon without the
plans and specifications of such having been approved by the Architectural
Control Committee as to quality of workmanship, design, colors and materials
and harmony of same to the project as a whole.
No structure built upon any
Section 3. No fence, wall or walls or other similar type structures shall be allowed except those approved by the Architectural Control Committee.
Section 4. No fence, wall, hedge or shrub over three (3) feet high shall be allowed to be erected, planted or constructed upon any lot which is located at the intersection of two streets; the purpose of such covenant being to avoid obstruction of view at such intersections.
Section 5. No exterior clothesline or hanging evie (except an umbrella-type structure with a diameter not exceeding seven (7) feet for use in rear of dwelling only) shall be allowed upon any lot. Such hanging devices as are permissible shall not be displayed except on weekdays between the hours of 8 a.m. and 6 p.m.
Section 6. Storm doors shall be either wood (in which case the same shall be painted the color of the door or trim), or anodized aluminum.
Section 7. No boats on cradles or trailers may be parked in the streets, driveways, yards or common parking areas for more than twenty-four (24) hours provided, however, that the Association may designate a specific place which shall be adequately screened from nearby residents for such parking.
Section 8. No vehicles (including trailers or campers) except as may be classified as passenger cars or station wagons, shall be regularly parking in residential areas.
Section
9. No
noxious or offensive activities shall be carried on upon any
Section 10. During the sales period no signs may be displayed except those erected by Declarant. Thereafter, no signs exceeding two (2) square feet shall be displayed.
Section 11. No animals, livestock or poultry of any kind shall be kept, raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for a commercial purpose.
Section 12. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other wastes shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
ARTICLE VIII
EASEMENTS
Easements for installation and maintenance of utilities and drainage facilities and for other public purposes and access to all property are reserved as shown on the recorded plats of the project or as may be or may have been required, necessary or desirable to be recorded or given prior to the date hereof or subsequent hereto. Within these easements, no structure planting or other materials shall be placed or permitted to reamin which may damage or interfere with the installation and maintenance or utilities or access to the property subject to such easements. Such easement may contain rights of ingress and egress to all Lots in a section until one (1) year after the completion of all units in such section for purposes of correcting drainage and other construction problems that may have occurred.
ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment of court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date of this Declaration being recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment much be recorded.
Section 4. Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members.
Section 5. 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, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions.
Section 6. Deed of Trust. The use herein of the word “mortgage” shall be deemed to mean a deed of trust where such security instrument is used in lieu of or instead of a mortgage.
Section 7. Non-Applicability to Other Property. The covenants, conditions and restrictions set forth herein shall apply only to the property described hereinabove, and shall create no rights, benefits, burdens or obligations with respect to any other property owned by Declarant, its successors or assigns.
IN WITNESS WHEROF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 21st day of March, 1978.
CONNOLLEY HOMES, INC.
Declarant
Signed by: John F. Connolley Jr., President
STATE OF
THIS IS TO CERTIFY that on the 21st day of March, 1978 before me, a Notary Public of the State of Maryland, personally appeared JOHN F. CONNOLLEY, Jr., President of Connolley Homes, Inc. Declarant, and he acknowledged the foregoing instrument to be the act of said body corporate.
AS WITNESS my hand and notarial seal the day and year first above written.
Linda Von Hagel
Notary Public