By-Laws, Covenants, Rules, and Regulations


BY-LAWS

THE VILLAGES AT SLEEPY HOLLOW HOMEOWNERS ASSOCIATION. INC.
Amended 2/17/11


ARTICLE I

NAME AND LOCATION

The name of the Corporation is The Villages at Sleepy Hollow Homeowners Association, Inc., a Maryland corporation, hereinafter referred to as the "Association". The mailing address of the Association shall be P.O. Box 5004, Salisbury, MD 21802. Meetings of members and directors may be held at such places within the State of Maryland as may be designated by the Board of Directors.


ARTICLE II

DEFINITIONS

Section 1. "Association" shall mean and refer to The Villages at Sleepy Hollow Homeowners Association, Inc., its successors and assigns.

Section 2. “Cluster Home Area” shall mean and refer to Lots 11-52 in Block “G”, “Parcel A Common Area” and “Parcel 8 Common Area” as shown on the subdivision plat.

Section 3. “Common Areas” shall mean and refer to all areas of the Property other than lots, owned by the Association or otherwise available to the Association for the common use, benefit and enjoyment of the Owners. The Common Areas to be owned in fee simple by the Association shall include “Parcels 1-10" as shown on the Subdivision Plat, and all improvements thereon, including, but not limited to, wells, irrigation systems, lighting, signage, clock tower and landscaping, and each additional area designated by the Declarant as Common Area when (a) additional areas, or portions thereof, are added to the Property pursuant to Article XII(1) hereof, or (b) the Declarant elects to convey the residue or part thereof to the Association and designate the residue or part thereof as a Common Area.

Section 4. "Declarant" shall mean and refer to Martin Ruark, LLC, a Maryland limited liability company, and any successors or assigns thereof to whom it shall expressly (i) convey or otherwise transfer all of its right, title and interest in the Properties (as such term is hereinafter defined), or the last thereof, as an entirety, without reservation of any kind; or (ii) transfer, set over or assign all its right, title and interest under the Declaration, or any amendment or modification there of.

Section 5. "Declaration" shall mean and refer to the document entitled, "Declaration of Covenants, Conditions and Restrictions for "The Villages at Sleepy Hollow" dated February 13, 2004, applicable to the Properties and heretofore recorded among the Land Records of Wicomico County, Maryland, in Liber 2196, Folio561, et seq., as amended by Amendment to Declaration of Covenants, Conditions and Restrictions for the Villages at Sleepy Hollow dated November 29, 2004, and recorded in the Land Records for Wicomico County, Maryland, at Liber 2327, Folio 50.

Section 6. “Irrigation Supply System” shall mean and refer to the wells and irrigation system and related equipment installed by Declarant to supply water to the entire Villages at Sleepy Hollow community for irrigation.

Section 7. "Lot" shall mean and refer to any plot of land subject to assessment by the Association, and shown upon any recorded subdivision map or plat of the Properties, with the exception of the Common Areas.

Section 8. "Member" or "Members" shall mean and refer to those persons entitled to membership in the Association, as provided in the Declaration.

Section 8a. “Member” or “Members” in good standing shall mean those Member(s) who are not delinquent in the payment of Annual or Special assessments; are not in violation of any provision or prohibition cited in the Articles of Incorporation; the Declaration Of Covenants, Conditions And Restrictions For The Villages At Sleepy Hollow; and/or the By-Laws of the “Association” as cited in Section 1 of Article II of these By-Laws. A Member(s) not in good standing forfeits the right to lodge any complaint regarding violations of the provisions contained in the Association documents cited in this section, Section 8a.

Section 9. "Properties" shall mean and refer to that certain real property in Wicomico County (the "County") described in the Declaration, referred to in Article II, Section 5 hereof, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 10. “Record Owner” shall mean and refer to the person, firm, corporation, trustee, or legal entity, or the combination thereof, including contract sellers, holding record title to a Lot on the Property, as said Lot is now or may from time to time hereafter be created or established, either in his, her or its own name, or as joint tenants, tenants in common, tenants by the entirety, or tenancy in co-partnership, if the Lot is held in such real property tenancy or partnership relationship. If more than one person, firm, corporation, trustee or other legal entity, or any combination thereof, holds the record title to any one Lot, whether in a real property tenancy, partnership relationship or otherwise, all of same, as a unit, and not otherwise, shall be deemed a single Record Owner and shall be or become a single Member of the Association by virtue of ownership of such Lot. The Term “Record Owner”, however, shall not include any contract purchaser, nor the owner of any redeemable ground rent issuing out of any Lot, nor shall it include any Mortgagee named in any Mortgage covering any Lot, designed solely for the purpose of security performance of an obligation of payment of a debt.

Section 11. “Residential Unit” shall mean and refer to a single family dwelling house or cluster home.

Section 12. “Single Family Dwelling Area” shall mean and refer to all lots except Lots 1-52 in Block “G”, and Lots 1-19 in Block “A”, as shown on the subdivision plat.

Section 13. “Storm Water Management Facilities” shall mean and refer to all ponds and drainage easements as shown on the Subdivision Plat and shall include all storm water drainage lines, main facilities, and installation heretofore or hereafter constructed, installed, maintained or operated in under and through the Property, and to the area on the Southeasterly side of Pemberton Drive licensed to the Declarant by the City of Salisbury for storm water drainage.

Section 14. “Subdivision Plat” shall mean and refer to the plat recorded by Declarant entitled “The Villages at Sleepy Hollow” in the Land Records for Wicomico County, Maryland, in Plat Cabinet M.S.B. No. 14, Folio 14-574.

Section 15. “Single Family 55+ Dwelling Area” shall mean and refer to Lots 1 -19 in Block “A” and Lots 1-10 in Block “G” as shown on the subdivision plat.

Section 16. Any other terms used herein shall have the meanings given to them in the Declaration.


ARTICLE III

MEETING OF MEMBERS

Section 1. Annual Meetings. The first annual meeting of the Members and each subsequent regular annual meeting of the Members shall be held on a date, and a time and place within the State of Maryland selected by the Board of Directors of the Association.

Section 2. Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon written request of 1/3 of the Members who are entitled to vote.

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 such notice, postage prepaid, at least fifteen (15) days but not more than sixty (60) 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. The Member affected by such Notice may authorize the Secretary or person authorized to call the meeting to provide written notice by electronic transmission in lieu of mailing a copy of such notice.

Section 4. Quorum. The presence at the meeting of Members or of proxies entitled to cast fifteen percent (15%) of the total votes of in the Association shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, these By-Laws or applicable law. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote at the meeting shall have power to 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 by proxy. All proxies shall be in writing and filed with the Secretary. A Member attending any meeting of the Association may represent up to three (3) proxies. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot. The association shall provide the form for the proxy.

Section 5a. Absentee Ballots. In addition to voting in person or by proxy at any meeting of the association a member may use an absentee ballot. The absentee ballot shall set forth each proposed action. The absentee ballot shall provide an opportunity to vote for or against each proposed action. The absentee ballot is valid only for one specified election or meeting of the members and expires automatically at the completion of the election or meeting or any extension thereof. The absentee ballot specifies the time and date by which the ballot must be delivered to the board of directors but not sooner than seven days after the board delivers the un-voted absentee ballot to the member. The absentee ballot does not authorize another person to cast votes on behalf of the member. The absentee ballot shall be valid for purposes of establishing a quorum. The association shall provide the form for the absentee ballot.

Section 6. Voting Rights. The Association shall have one class of voting membership. Each Member shall be a Record Owner holding title to one or more Lots laid out on the Property. Each Member in good standing shall be entitled to one vote per Lot, for each Lot owned by him, in all proceedings in which action shall be taken by Members of the Association. If more than one person, firm, corporation, trustee or legal entity, or any combination thereof, holds the record title to any Lot, all of same, as a unit, and not otherwise, shall be deemed a single Member of the Association. The vote of any Member comprised of two or more persons, firms, corporations, trustees or other legal entities, or any combination thereof, shall be case in the manner provided for in the Articles of Incorporation of the Association, or as the several constituents may determine, but in no event shall all constituents case more than one vote per Lot, for each Lot owned by them.


ARTICLE IV

BOARD OF DIRECTORS: SELECTION; VACANCY; TERM OF OFFICE

Section 1. Number. The affairs of the Association shall be managed by a Board of five (5) directors, which number may be increased or decreased pursuant to the provisions of these By-Laws, but shall never be less than five (5).

The Association representation on the Board of Directors shall be based upon the approximate proportional representation among the housing types in the Villages at Sleepy Hollow set forth below. At least two (2) members shall be elected from residents in the single family homes as defined in Article II, Section 12 of these By-Laws. At least two (2) members shall be elected at-large from residents in the combined properties of the cluster homes as defined in Article II, Section 2 and single family 55+ dwelling area as defined in Article II, Section 15. Each representative shall serve as a member of the Association Board of Directors (the “Board”). In addition, there will be at least one (1) representative elected at-large from the community. The total number of directors shall be no more than nine (9). Directors shall be resident homeowners.

The housing types shall consist of the following:

a. Single-family homes (Article II, Section 12).
b. Cluster homes (Article II, Section 2).
c. Single Family 55+ Dwelling Area (Articles II, Section 15).

The number of directors shall be determined from time to time by a vote of the Members at an annual or special meeting of Members.

Section 2. Term of Office. From and after the first meeting of the Association, the

term of office of the directors shall be staggered. At meetings held to elect directors, the members shall elect one-third (1/3) of the directors for a term of one (1) year, one-third (1/3) of the directors for a term of two (2) years and one-third of the directors for a term of three (3) years; and at each annual meeting thereafter the members shall elect one-third of the total number of directors for a term of three (3) years.

Section 3. Removal/Vacancy. 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 or her successors shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his or her predecessor. Absent an official election occurring at the annual meeting to fill a director position(s) the Board shall select a successor(s) to fill the position(s). This would include the lack of a quorum or candidates for a Board position(s) at the annual meeting.

Section 4. Compensation. No director shall receive compensation for any service he or she may render to the Association. However, any director may be reimbursed for actual expenses incurred in the performance of his or her 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 under Maryland law at a closed meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a closed meeting of the directors.


ARTICLE V

NOMINATION AND ELECTION OF DIRECTORS

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 Directors, and two (2) or more Members of the Association. The Nominating Committee shall be appointed by the President of the Association prior to each 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. Nominations may be made from Members of the Association who are in good standing.

AMENDMENT

The Board of Directors hereby certifies that, by a special vote passed by the Membership at the Annual Meeting held on 13-March-2017, the By-Laws of the corporation were added to, amended or repealed as follows: 

 

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.
 

At the time when the vote is to be taken, and the candidates are running unopposed, there is no need for a formal vote.  The matter is decided by acclamation or by “unanimous consent.” 

At the time when the vote is to be taken, and the candidates are running opposed, a written vote will be used.  Proxy votes will be made by the submitting Resident Owner.


ARTICLE VI

MEETINGS OF DIRECTORS

Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held at least annually, at such place and hour as may be fixed from time to time by resolution of the Board.

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 (2) 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.


ARTICLE VII

POWERS. RIGHTS AND DUTIES OF THE BOARD OF DIRECTORS

Purpose. The purpose of the Board of Directors is to insure the smooth operation and functions of the Homeowners Association. Their responsibilities are spelled out in these By-Laws, the Articles of Incorporation and the Declaration (cited in Article III, section 5 of these By-Laws).

Section 1. Powers. The Board of Directors shall have the power to:

(a) adopt and publish rules and regulations governing the use of the Common Areas, including any improvements and amenities located thereon, and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction there of

(b) suspend the voting rights and right to use of any recreational facilities located on any Common Areas of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended, after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations or any provisions of the Declaration;

(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 By-Laws, the Articles of Incorporation or the Declaration;

(d) declare the office of a 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, independent contractor, or such other
individuals, entities or employees as they deem necessary and to prescribe their duties.

Section 2. Specific Right of Inspection of The Board of Directors
Every director of the Association will have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The foregoing right of inspection includes a right to make extracts and copies of documents.

Section 3. 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 affairs and to present a statement thereof to the Members at the annual" meeting of the Members, or at any special meeting when such a statement is requested in writing by one- third (1/3) of the Members who are entitled to vote;

(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

(c) issue, or 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 of Directors for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;

(d) procure and maintain adequate liability and hazard insurance on property owned by the Association;

(e) cause all officers or employees having fiscal responsibilities to be bonded as it may deem appropriate; and

(f) cause to be maintained the Common Areas and any other areas shown on the Plat that may be owned by governmental entities that are not maintaining such areas. Maintaining services cited in the Declaration and these By-Laws for property maintenance in the entire community is the responsibility of the Board.


ARTICLE VIII

OFFICERS AND THEIR DUTIES

Section 1. Enumeration of Officers. The officers of this Association shall be a President and one (1) Vice President, who shall at all times be members of the Board of Directors, a Secretary, and a Treasurer, and such other officers as the Board of Directors may create from time to time by resolution.

Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors, and thereafter at the 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 by the Board and each shall hold office for one (1) year unless any officer 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 by 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 if 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 or she 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 (1) of any of the other offices except in the case of offices created pursuant to Section 4 of this Article.

Section 8. Duties. The duties of the officers are as follows:

(a) President. The President shall preside at all meetings of the Members and of the Board of Directors and shall see that orders and resolutions of the Board are carried out. The President shall have the authority to sign all leases, mortgages, deeds and other written instrumentsand shall co-sign all checks and promissory notes. The President shall ensure that the records (past & present) of the Association are properly maintained and transferred between officers/committee leadership when changes occur.

(b) Vice-President. The Vice-President of Administration will oversee the administrative functions of the Home Owners Association to include; Architecture, Maintenance and Repairs. The Vice-President of Administration shall oversee the Secretary, and the Architecture and Maintenance Committee Chairs. The Vice-President shall act in the place and stead of the President in the event of the President's absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required by the Board. The Vice-President shall likewise have the authority to sign all leases, mortgages, deeds and other written instruments and co-sign all checks and promissory notes.

(c) Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of 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 other duties as required by the Board. In addition, the Secretary shall maintain all non-financial records of the Association and transfer such records upon his or her replacement.

(d) Treasurer. 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 books of account; cause an annual report of the Association's books to be made by a public accountant at the completion of each fiscal year; and ensure Income Tax forms and a Maryland Personal Property Return are submitted for each fiscal year.Shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members. In addition, the Treasurer shall maintain all financial records of the Association and transfer such records upon his or her replacement. The Treasurer shall be allowed to delegate to an outside accounting/bookkeeping firm, with the approval of the Board of Directors, the collection, deposit and disbursement of monies by establishing a reasonable method of accounting to be approved by the Board of Directors. The treasurer and the Board of Directors shall review the financial reports not less than quarterly.


ARTICLE IX

INDEMNIFICATION OF OFFICERS AND DIRECTORS

The Association shall indemnify, defend and hold every officer and director of the Association harmless from and against any and all expenses, including counsel fees, reasonably incurred by or imposed uponan officer or director in connection with any action, suit or other proceeding (including the settlement of any such suit or proceeding if approved by the then Board of Directors of the Association), to which he may be made a party by reason of being or having been an officer or director of the Association, whether or nor such person is an officer or director at the time such expenses are incurred. The officers and directors of the Association shall not be liable to the Members of the Association for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The officer and directors of the Association shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association, and the Association shall indemnify, defend and forever hold each such officer and director free and harmless from and against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director of the Association or former officer or director of the Association may be entitled.


ARTICLE X

COMMITTEES

Section 1. The Board of Directors shall appoint an Architectural Review Board, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directors shall appoint such other committees as deemed appropriate in carrying out its purpose.

Section 2. Participation on the Board of Directors (BOD), Architectural Review Board or any other committee/board appointed by the BOD shall be limited to members in good standing as defined in Article II, Section 8a and limited to one member from each “Lot”. “Lot” is defined in Article II, Section 7, of these By-Laws.


ARTICLE XI

ARCHITECTURAL REVIEW BOARD

Section 1. Appointment; Jurisdiction; Exceptions The Architectural Review Board shall be comprised of three (3) or more Members appointed by the Board of Directors, which shall have the absolute right to refuse to approve any such plans and specifications, which it deems unsuitable or undesirable, whether based on aesthetic or other reasons. The Architectural Review Board shall have exclusive jurisdiction over all improvement on any portion of the Property, except the Architectural Review Board shall have no jurisdiction over any portion of the Property owned by the Declarant, until such Property has been developed and conveyed to Purchasers in the normal course of development and sale. The Board of Directors shall retain the right to appoint, discharge and reappoint all members of the ARB.

Section 2. General Architectural Restrictions. No Record Owner shall construct, reconstruct, install or reinstall any building, porch, deck, fence, driveway, walkway, landscaping, exterior lighting, well or other structure of any kind on any Lot, or make any addition thereto or any change or alteration therein (including any retreatment by painting or otherwise of any exterior part thereof) until plans and specifications, in triplicate, showing the nature, kind shape, height, colors, materials, locations, and approximate costs of such building, porch, driveway, walkway, lighting, well, other structure, addition, change or alteration shall have been submitted to and approved in writing by the Architectural Review Board (ARB). In so passing upon such plans and specifications, the Architectural Review Board shall have the right to take into consideration the use and suitability of the proposed building, porch, deck, fence, driveway, walkway, landscaping, lighting, well, other structure, addition, change, or alteration, the location thereof, the materials of which it is to be built or made, and the color and design thereof, with relation to the site which it is proposed to erect or keep the same, harmony with its surroundings, and the effect on the outlook form adjacent or neighboring Lots. If the designated Architectural Review Board fails to approve or disapprove any well location, building, porch, deck, fence, driveway, walkway, landscaping, lighting or other structure, or any addition thereto, or change or alteration therein, within sixty (60) days after the plans and specifications there for, in triplicate, have been submitted to it by the Record Owner, approval will be conclusively presumed so that no further approval will be required for the foregoing and the Record Owner shall be deemed to have fully complied with this Article.

Section 2a. Installation & Use Of Clotheslines. No Record Owner shall install or use a clothesline until plans and specifications have been submitted to and received approval from the Architectural Review Board (ARB). The plans and specifications need to show the dimensions, placement, location, shape, kind, color(s) and materials. The ARB shall have the right to take into consideration the use and suitability of the proposed clotheslines with relation to the site on which it is proposed to be installed, appearance for purposes of protecting aesthetic values, harmony with its surroundings, the placement for purposes of protecting persons or property in the event of fire or other emergencies, and the effect on the outlook from adjacent or neighboring Lots as well as the affect on the lawn maintenance contract as well as the irrigation system. If the designated ARB fails to approve or disapprove the installation and/or use of a clothesline, within sixty (60) days after the plans and specifications have been submitted to it by the Record Owner, approval will be conclusively presumed so that no further approval will be required for the foregoing and the Record Owner shall be deemed to have fully complied with this section.

A clothesline is defined as any type of rope, wire, cord, or twine that has been stretched between two points outside above the level of the ground to hang clothes on so they can dry or air for purposes of this section.

Section 2b as cited is in compliance with Maryland Senate Bill 224 (2010) and only supersedes the language in the HOA covenants, Article VIII, section 11, dealing with clotheslines. No outdoor clothes poles or similar equipment shall be allowed on any lot per the HOA covenants cited. Wooden drying racks are also prohibited for outdoor usage on any lot.

Section 3. Rebuilding Following Casualty. Notwithstanding the provisions of Article XI (1) above:

(a) If any building, porch, deck, fence, driveway, walkway, landscaping, exterior lighting, well, other structure, change or alteration is damaged or destroyed by fire or other casualty, such damages or destroyed improvement may be rebuilt without the approval of the Architectural Review Board, as applicable, provided that such damaged or destroyed improvement is rebuilt substantially in accordance with the plans and specifications used in the original construction of such damaged or destroyed
improvement.

(b) If any building, porch, deck, fence, driveway, walkway, landscaping, exterior lighting, well, other structure, change or alteration is damaged or destroyed by fire or other casualty, and such damaged or destroyed improvement is not rebuilt substantially in accordance with the plans and specifications used in the original construction of such damaged or destroyed improvement, the Record Owner thereof (unless such Record Owner is the Declarant) shall not rebuild the damaged or destroyed improvement until plans and specifications, in triplicate, showing the nature, kind, shape height, colors, materials, locations and approximate cost of the replacement structure shall have been submitted to and approved in writing by the Architectural Review Board, which shall have the right to refuse to approve any such plans and specifications only if it reasonably determines that such replacement structure is not in substantial conformity with the design or architectural treatment of the other dwellings within the Property (regardless of the method of construction planned for the replacement structure).

(c) If any dispute between a Record Owner, on the one hand, and the Association, the Board of Directors, the Architectural Review Board or another Record Owner, on the other hand, arises with respect to the interpretation or application of this Article XI(3) such dispute shall be submitted to binding arbitration in accordance with the Construction Industry Arbitration Rules (or successor rules) of the American Arbitration Association or any successor thereof. This Agreement to arbitrate and any award resulting there from shall be specifically enforceable in the courts under the laws of Maryland.


ARTICLE XII

BOOKS AND RECORDS

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 By-Laws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.

ASSESSMENTS

Section 1. 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 lot against which the assessment is made. Any assessments or portions thereof 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 eighteen percent (18%) per annum (unless such rate of interest is not legally allowable in which event the highest rate permitted by law shall be applicable), and shall be subject to a late charge of Fifteen Dollars ($15.00) or ten percent (10%) of the Assessment, whichever is greater, and the Association may declare the entire balance of the assessment immediately due and payable. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Lot, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Areas or abandonment of the Owner's Lot.

Section 2. The annual assessment shall not increase by more that 15% from one year to the next without a majority vote of the quorum of the HOA members at a special meeting called for such purpose. The quorum shall be determined by the same percentage as required for an Annual Meeting of the members of the HOA.


ARTICLE XIV

AMENDMENTS

Section 1. These By-Laws may be amended, at a regular or special meeting of the Members, by a vote of two-thirds (2/3) of a quorum of Members present in person or by proxy.

Section 2. In the case of any conf1ict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.


ARTICLE XV

MISCELLANEOUS

The fiscal year of the Association shall consist of twelve (12) calendar months commencing on January 1st of each year.

IN WITNESS WHEREOF, we, being all of the Directors of The Villages at Sleepy Hollow Homeowners Association, Inc., have hereunto set our hands this 22nd day of March 2010.

Board of Directors:
  • Jeff Livingston
  • Jason Harman
  • Maureen McCarthy
  • Gail Fykes
  • Kathleen Raffa


Amended 2/17/11
The Village At Sleepy Hollow Homeowners Association, Inc.

For those individuals that would like a copy of the Association’s Declaration Of Covenants, Conditions and Restrictions For The Village At Sleepy Hollow or the Articles of Incorporation a request should be made by e-mail using the Association’s e-mail address or by mailing the request to the Association.

(Association contact information is on the homepage of the Association’s web site.)

DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE VILLAGE AT SLEEPY HOLLOW


ARTICLE VIII

RULES AND REGULATIONS

Section 1. Land Use. Each Lot shall be used for single family residential purposes only, except as provided as follows, if permitted within the zoning laws applicable to the Property: The Declarant* shall have the right to use any Lots, and any improvements thereon, it may own from time to time as sales, rental, and management offices and model units and for such other uses as the Declarant* may deem appropriate for the development, marketing (including sales and rentals), and management of any dwellings now or hereafter located upon the Property, and in furtherance thereof, the Declarant* may, among other things, install one or more construction and/or sales offices upon any such Lot. The Declarant* shall also have the right to erect upon any Lots it may own from time to time, and upon the Common Area, such advertising and directional signs and other materials as the Declarant* shall deem appropriate for the development, marketing and management of any dwellings now or hereafter located upon the Property.

Section 2. Setbacks. Unless the approval of the appropriate governmental authorities and the Architectural Review Board has first been obtained, no building or other structure of any kind, or any part thereof, shall be located on any lot closer to the front line or to the side lot line than the minimum building setback lines as depicted or noted on the Subdivision Plat. For the purposes of the covenant contained in this Article VIII(2), eaves, steps, open space, open porches, bay windows, and chimneys shall be considered as a part of a building or structure.

Section 3. Lot Subdivision. No Lot shall be subdivided into two or more lots, except as provided in Article IX(1) of this Declaration or as provided herein. The foregoing provision shall not apply to unsold lots held by Declarant* prior to the first sale or conveyance thereof. Declarant* retains the right to extend a Lot line into Common Areas.

Section 4. Quiet Enjoyment. No portion of the Properties shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any portion of the Properties that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on upon any Lot or any portion of the Property, nor shall anything be done thereon which is or is likely to become an annoyance or nuisance to any person using any portion of the Properties. Also refer to the HOA web page under the section entitled Salisbury Municipal Code cited under the More HOA Information Select topic section for additional information.

Section 5. Temporary Structures. No structure of a temporary character, shack, garage, barn or other outbuilding permitted to be erected on any Lot shall at any time be used as a residence, either temporarily or permanently.

Section 6. Signs. No sign, advertisement or other informational material of any kind shall be erected, displayed or maintained on any Lot, except as permitted by Article VIII(1) hereof or as expressly authorized by the Board of Directors or the Architectural Review Board. The Board of Directors or Declarant* shall have the right to erect signs as they, in their discretion, deem appropriate. The foregoing provision shall not apply to unsold Lots held by Declarant* prior to the first sale or conveyance thereof. Also refer to the HOA web page under the section entitled Signs In The Community (Ref: For Sale Signs) cited under the More HOA Information Select topic section for additional information regarding the HOA sign policy.

Section 7. Animals, Livestock and Poultry. No animals, livestock, poultry or other fowl of any kind, shall be raised, bred or kept on any Lot, except that household pets, including dogs, cats and birds, and an unlimited number of fish, may be raised and kept, provided that no such household pet or fish shall be raised, bred or kept for any commercial purposes. However, those pets which are permitted to roam free, or, in the sole discretion of the Association, endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners of other Lots or the owner of any portion of the Properties shall be removed upon request of the Board; if the Owner fails to honor such request, the pet may be removed by the Board. Dogs which are household pets shall at all times whenever they are outside a Lot be confined on a leash held by a responsible person. Notwithstanding anything to the contrary herein or in the By-Laws, the Association may, but shall not be obligated, to take further action to enforce this section. Also refer to the HOA web page under the sections entitled Dogs (Animals In The Community) & Salisbury Municipal Code cited under the More HOA Information Select topic section for additional information.

Section 8. Swimming Pool, Fencing, Outbuildings. No swimming pool, outbuilding or fencing (including dog runs and animal pens) shall be built without the approval of the Board of Directors or the Architectural Review Board, as applicable.

Section 9. Leases. Each Lot and the structure(s) thereon may be leased for such term and under such conditions as the Record Owner thereof may desire, except each lease (a) shall be in writing, (b) shall be subject to this Declaration, to the Articles of Incorporation and By-Laws of the Association, and to any rules and regulations adopted by the Board of Directors pursuant to Article XV of the By-Laws, as each such document may be amended from time to time (collectively, the “Association Documents”), (c) shall provide that any breach or violation of any Association Document by the tenant shall constitute a default under the lease, and (d) shall provide that the tenant (as well as the landlord) shall be directly liable to, and subject to enforcement actions(s) by, the Association for any breach or violation by the tenant of any Association Document. The Record Owner of any leased Lot or structure shall promptly deliver to the Board of Directors a copy of the form of lease used, and a copy of each amendment which is made thereto from time to time. The Association, through the Board of Directors, shall be entitled, but not obligated, to exercise the default remedies of any Record Owner, as the landlord under any such lease, and upon any breach or violation by the tenant of any Association Document, the Board of Directors, after notice to the Record Owner and tenant of such breach or violation, and the failure of such Record Owner and tenant to correct the same within a reasonable time thereafter, shall be entitled, but not obligated, to summarily evict the tenant from the leased premises, subject to any applicable laws governing the speedy recovery of possession of lands or tenements in redress of a breach or violation of a lease. Also refer to the HOA web page under the section entitled Property Leases cited under the More HOA Information Select topic section for additional information.

Section 10. Fuel Tanks. No fuel tank for the storage of fuel shall be permitted upon any lot without the approval of the Architectural Review Board, which have the authority and power to impose such conditions as it deems appropriate as a condition to any such approval.

Section 11. Clothes Lines, Basketball Hoops. No outdoor clothes poles and clothes lines and similar equipment shall be allowed on any Lot. Basketball hoops and similar equipment shall be allowed on any Lot only with the approval of the Architectural Review Board.(1)

Section 12. Occupants Bound. All provisions of the Declaration, By-Laws and of any rules and regulations or use restrictions or use restrictions promulgated pursuant thereto which govern the conduct of Record Owners and which provided for sanctions against Record Owners shall also apply to all occupants, guests and invitees of any Lot. Every Record Owner shall cause all occupants of his or her Lot to comply with the Declaration, By-Laws, and the rules and regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Lot are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and the rules and regulations adopted pursuant thereto.

Section 13. Sight Distance at Intersections. All Lots located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem.

Section 14. Ponds. All ponds within the Property, shall be aesthetic amenities only, and no other use thereof, including, without limitation, swimming, boating, playing or use of personal flotation devices, shall be permitted except with prior written consent of the Board of Directors. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of ponds within the Property.

Section 15. Lot Maintenance. Each Lot, whether occupied or unoccupied, and any improvement placed thereon, shall at all times be maintained in such manner as to prevent their becoming unsightly by reason of unattractive growth on such lot or the accumulation of rubbish or debris thereon. In no event will growth in lawn areas be permitted to exceed six (6) inches in height. Also refer to the HOA web page under the sections entitled Salisbury Municipal Code & Trash Receptacles cited under the More HOA Information Select topic section for additional information.

Section 16. Amenity Facilities. Any equipment and any amenities furnished by the Association or erected within the Property shall be used at the risk of the user, and the Association shall not be held liable to any Person for any claim, damage, or injury occurring thereon or related to the use thereof.

Section 17. Business Use. No trade or business may be conducted in or from any Lot, except that an Owner or occupant residing on a Lot may conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from the outside of the structure; (b) the business activity conforms to all zoning requirements of Wicomico County; (c) the business activity does not involve persons coming onto the Lots who do not reside on the Lots or door-to-door solicitation of residents of the Lots; and (d) the business activity is consistent with the residential character of the Lots and does not constitute a nuisance, or a hazardous or offensive, or threaten the security or safety of other residents of the Lots, as may be determined in the sole discretion of the Board.

Section 18. Firearms. Discharge of firearms is prohibited within the Property.

Note: This information is also posted on the HOA web page.

* “Declarant” shall mean and refer to Martin Ruark, LLC, its successors or assigns, who have expressly been assigned Declarant rights.

(1) Board finding June 9, 2008: The hanging of clothing on a temporary cloths rack on a deck to dry and/or the draping of clothing over the back of furniture on a deck to dry constitutes a violation of Article VIII, section 11, of the covenants.


Feeding Wildlife: You May Be Doing More Harm Than Good!

The Maryland Department Of Natural Resources web site, http://dnr.maryland.gov/wildlife/Plants_Wildlife/feedingwildlife.asp should be reviewed for a discussion of this issue.

Issues discussed include:
Feeding wildlife may cause the spread of disease;
Feeding leads to crowding and crowding causes stress;
Supplemental food sources do not contribute to a wildlife population’s well-being;
Bird droppings can harbor disease;
Wild animals need habitat, not handouts.

Dogs (Animals) In The Community
Those individuals that take the opportunity to walk their pets through the community and do not clean up after their pets are reminded that their removal of the pet waste is required by both the community covenants and the Municipal Code of the City of Salisbury which has a fine associated with the failure to clean up pet waste. The Municipal Code also prohibits dogs from running at large. Dogs must be under the control of the custodian by leash, cord or chain. Violations can be reported to the city Animal Control Unit by calling 410-548-3165. Cleaning up after our pets will keep our community in the best of conditions for our guests and homeowners to enjoy.

Refer to the Animal Control Unit web page at http://www.salisburypd.com/userfiles/files/ANIMAL%20CONTROL.pdf for further information.


Snow Removal
Property Owner's Snow Removal Responsibilities.

Salisbury Municipal Code Title 12, Chpt. 1204, section 12.04.060 Removal of snow from sidewalks—Notice—Enforcement.
All owners and persons in possession of any land or premises situated on any street within the city where sidewalks are laid shall remove the snow there from the entire length thereof for a width of at least four feet and may deposit the same along the remaining portion of such sidewalks nearest the curb within six (6) hours after it has ceased falling, unless the same shall have fallen between the hours of five (5) p.m. and seven (7) a.m., in which case it shall be removed before two (2) p.m. In the event that the snow is not removed within the time and manner above provided, the owner or person in possession shall be notified to forthwith remove the same and, in the event of a failure to do so, shall be guilty of a misdemeanor. In addition thereto, the city may cause the same to be removed as above specified and charge the cost thereof against the owner or occupant, to be recovered by suit. The City Neighborhood Services & Code Compliance Department can be contacted at 410-341-9550 regarding violations related to Title 12 of the Municipal Code.

City's Snow Removal Operations. The inclement weather plans are updated annually to incorporate the lessons learned from the previous winter season's experience. The City only plows the Snow Emergency Routes when snow depth is four inches or less. When accumulation is more than four inches, all the other streets will be plowed after the emergency routes have been put in passable condition. Snow and ice removal equipment includes dump trucks with snow plows with salt bodies, road grader, front end loaders, and backhoes, all equipped with 2-way radios, night lights, heaters and flashing lights. The Public Works Department employs about 60 people on three shifts during a large storm event.

Snow Emergency Routes. Certain streets are designated as Snow Emergency Routes. They have been posted with signs and will receive first priority attention for plowing and salting. When an emergency is declared by the Police Chief, disabled or parked vehicles and vehicles not equipped with snow tires or chains may be removed from these streets by authority of the Police Department. This will ensure efficient clearing of the streets by Public Works equipment and maximum public safety.


Repair: Sidewalks & Curbs
(Posted 6/27/09)

The HOA only has responsibility for the repair and maintenance of those sidewalks and curbs in the common areas of the community. All other sidewalks, curbs and driveway aprons are the responsibility of the property owner who’s property abuts or contains the sidewalk, curb or driveway apron per the City of Salisbury Department of Public Works.


Mold On Siding & Fencing

It is that time of year when lawn/landscaping care and lot/dwelling maintenance is upon us as a community. The proper maintenance of the lots/dwellings is mutually beneficial to each homeowner in the community and is required by the HOA covenants. With all of the dampness and rain, please remember to clean off the unwelcome mold from the siding and/or fencing of your residence.

HOA Architectural Review Board


Rental Units
Property Leases
The Village At Sleepy Hollow
Declaration Of Covenants, Conditions And Restrictions For The Village At Sleepy Hollow

Article VIII – Rules & Regulations

Section 9. Leases. Each Lot and the structure(s) thereon may be leased for such term and under such conditions as the Record Owner thereof may desire, except each lease (a) shall be in writing, (b) shall be subject to this Declaration, to the Articles of Incorporation and By-Laws of the Association, and to any rules and regulations adopted by the Board of Directors , as each such document may be amended from time to time (collectively, the “Association Documents”), (c) shall provide that any breach or violation of any Association Document by the tenant shall constitute a default under the lease, and (d) shall provide that the tenant (as well as the landlord) shall be directly liable to, and subject to enforcement actions(s) by, the Association for any breach or violation by the tenant of any Association Document. The Record Owner of any leased Lot or structure shall promptly deliver to the Board of Directors a copy of the form of lease used, and a copy of each amendment which is made thereto from time to time. The Association, through the Board of Directors, shall be entitled, but not obligated, to exercise the default remedies of any Record Owner, as the landlord under any such lease, and upon any breach or violation by the tenant of any Association Document, the Board of Directors, after notice to the Record Owner and tenant of such breach or violation, and the failure of such Record Owner and tenant to correct the same within a reasonable time thereafter, shall be entitled, but not obligated, to summarily evict the tenant from the leased premises, subject to any applicable laws governing the speedy recovery of possession of lands or tenements in redress of a breach or violation of a lease.

Section 12. Occupants Bound. All provisions of the Declaration, By-Laws and of any rules and regulations or use restrictions or use restrictions promulgated pursuant thereto which govern the conduct of Record Owners and which provided for sanctions against Record Owners shall also apply to all occupants, guests and invitees of any Lot. Every Record Owner shall cause all occupants of his or her Lot to comply with the Declaration, By-Laws, and the rules and regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Lot are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and the rules and regulations adopted pursuant thereto.

HOA Property Owner Action

The Record Owner of any leased Lot or structure shall promptly deliver to the Board of Directors a copy of the form of lease used, and a copy of each amendment which is made thereto from time to time. Copies of the required documents should be directed to the Board of Directors at the following address:

Board of Directors
The Village At Sleepy Hollow Homeowners Association, Inc.
P.O. Box 5004
Salisbury, MD 21802

Municipal Code of the City of Salisbury Requirements

All owners of rental units located within the City of Salisbury are required to have a current license to operate rental units within the city and must complete a Rental Unit Registration Application. The City of Salisbury Neighborhood Services& Code Compliance Department should be contacted at 410-341-9550 for further information.


Signs In The Community
(Includes Real Estate & Yard Sale Signs)
Revised 9/9/09

Homeowners Association Policy And Procedures
Article VIII, section 6, of the HOA covenants states, in part, No sign (includes Yard & For Sale Signs), advertisement or other informational material of any kind shall be erected, displayed or maintained on any Lot, except as permitted by Article VIII(1) hereof or as expressly authorized by the Board of Directors or the Architectural Review Board. Homeowners are reminded to request approval before the posting of any signs as required by the covenants except as provided below:

  • No signs are permitted in the Clock Tower Circle at any time.

  • Rental Signs are prohibited.

  • Yard Sale signs. Contact must be made with the HOA Board of Directors via the e-mail address or mailing address cited below for detailed information on the types of signs permitted before posting any signs. Yard sale signs to include directional signs can be posted no sooner than 24 hours in advance of the sale. The signs which can be posted in the common areas and on the property where the yard sale is taking place must be removed when the yard sale event is over.

  • Real estate for sale signs. Contact must be made with the HOA Board of Directors via the e-mail address or mailing address cited below for detailed information on the types of signs permitted before posting any signs. A literature box may be attached;

  • Open House and Directional real estate signs can only be used for Open House purposes. These signs can be posted in the common areas and on the property for sale no earlier than the 48 hours before the Open House. They must be removed when the open house event is over. Contact must be made with the HOA Board of Directors via the e-mail address or mailing address cited below for detailed information on the types of signs permitted before posting any signs.

It is the responsibility of the homeowner who has contracted with a real estate company/agent or other individual to ensure that the provisions of this policy are complied with by the real estate company/agent or other individual handling the sale of a home in the Sleepy Hollow community.

Requests to deviate from this policy or for details regarding the posting of signs should be directed via e-mail, sleepyhollowmd@outlook.com, or in writing to the Board of Directors at:

The Village At Sleepy Hollow HOA
P.O. Box 5004
Salisbury, MD 21802

Management of Storm Water Management Facilities

The responsibility for the management of the Storm Water Management Facilities as defined in Article I-Section 15 (see below) of the covenants belongs to the Board of Directors on behalf of the HOA as cited in Article III-Section 3 of the covenants (see below). Residents must refrain from tampering with the facilities in any manner.


ARTICLE I

DEFINITIONS

Section 15. “Storm Water Management Facilities” shall mean and refer to all ponds and drainage easements as shown on the Subdivision Plat and shall include all storm water drainage lines, main facilities, and installation heretofore or hereafter constructed, installed, maintained or operated in under and through the Property, and to the area on the Southeasterly side of Pemberton Drive licensed to the Declarant by the City of Salisbury for storm water drainage.


ARTICLE III

COMMON AREAS AND EASEMENT AREAS

Section 3. Maintenance of Storm Water Management Facilities. The Association shall supervise, manage, operate, examine, inspect, care for, preserve, repair, replace, restore and maintain all Storm Water Management Facilities located outside City of Salisbury right-of-ways, all at its own cost and expense, and shall levy against each member of the Association by assessment, as provided in Article VI hereof, a proportionate share of the aggregate cost and expense required for the care, maintenance and improvement of the Storm Water Management Facilities.

Operation Of The Storm Water Management System

The storm water management ponds operate as a system in the management of runoff. Their construction and effective operation was predicated on the ponds being managed/operated as a system. The Storm Water Mgt. plat on the HOA web site, http://www.sleepyhollowmd.com/, can be referenced to review how the HOA ponds are interrelated and work as a system. Each pond has in-flows and out-flows. The management of the in-flows and out-flows in each pond will effect the other ponds to which they are connected. For this reason the water levels in the ponds is determined by the management of the in-flows and out-flows. The out-flows have two discharge levels. The lower (bottom) discharge handles storm water runoff during non extraordinary weather events and the upper (top) discharge would handle extraordinary weather events such as heavy down pours in a limited time period and those of long duration. It is recommended that the consistent level of water in the ponds be established/maintained at the lower discharge level for the proper functioning of the storm water management system. The lower discharges (out-flows) must not be blocked for proper functioning of the system.

For the proper functioning of the Storm Water Management Ponds, it is important that no debris of any kind (dirt, yard waste, landscape clippings etc.) be disposed of in the ponds. No dirt, yard waste, landscape clippings or any type of debris should be discarded/placed on the slopes or on any area of the ponds. No landscaping of any kind can be placed on the slopes or on any area of the ponds without the approval of the Board of Directors.

Board Of Directors
4/28/08