Home Owners Association

The Landings HOA Association Board of Directors, in conjunction with the Maryland Homeowners Association Act, and the existing Landings governing documents have prepared this handbook. This handbook is designed to ensure that all members of the Association, prospective and current, have adequate opportunity to familiarize themselves with the Association and the regulations of the Association. The purpose of the Landings regulations is to ensure that the Landings remain an attractive, viable and inviting community.

In addition, the Landings Association is also a member of the Cedar Cove Community Association. Cedar Cove Community’s covenants and regulations are contained in the governing documents of the Cedar Cove Community Association, which includes Cedar Cove Community’s Protective Covenants (Deed of Dedication of Cedar Cove Community), Articles of Incorporation, and Bylaws. These documents are available to all homeowners from the Cedar Cove Community Association. They define the rights, responsibilities, and obligations of all members to comply with covenants and regulations of the Cedar Cove Community Association.

It is the responsibility of every member of the Landings Association to ensure that they, their families, tenants, and visitors comply with the provisions of these regulations. New members should receive a copy of these regulations as a part of the disclosure packet upon purchase of a home within the Landings. It is vitally important that each member keep the Association informed of any changes of ownership, changes in address of record, and changes in mailing address.

Landings Community consists of 95 single family homes. The Landings Homeowners Association is a nonprofit, non-stock Maryland Corporation. The Landings Association was incorporated in 1988 and was turned over to the homeowners in 1992. The Association’s operations are funded by an annual assessment determined by the Association’s Board of Directors. The annual assessment also helps provide for the Cedar Cove Community Association.

What is a Homeowners Association?

A Homeowners Association is an incorporated or unincorporated entity which owns real and personal property that is available for use by all lot owners within the community; has authority to levy and collect assessments from lot owners to maintain property owned by the association and to promote the community; enforces the covenants and restrictions contained in the recorded Declaration, By-Laws and duly adopted rules and regulations.

Each homeowners association consists of Lots upon which members have their homes and other improvements. Homeowners are members and must comply with the covenants, restrictions, rules, and must pay assessments.

The covenants and restrictions applicable to a homeowners association customarily take the form of a Declaration of Covenants, Conditions and Restrictions that is recorded among St. Mary’s County land records. It creates the authority for a homeowners association to impose upon the lots, or upon the owners or occupants of lots, a mandatory fee or assessment. The homeowners association actually has legal title or a deed to the common areas. Lot owners or occupants are the Members and have the right to use the common areas subject to the regulation by the homeowners association.

A homeowners association, whether incorporated or unincorporated, includes an elected Board of Directors and members who are the lot owners or occupants of dwellings on lots.

Why a Homeowners Association?

New developments are often required to have recreation and open space lands for the use of lot owners and occupants. In the past, these lands were often held in trust by the counties. In an effort to have these lands owned and maintained by the associations who receive their benefit, the lands are deeded to the associations who must then have a method of collecting fees to maintain and improve the lands. In addition, the homeowners associations are the primary entities to enforce community covenants and restrictions in order to maintain property values within the communities.

What is the Maryland Homeowners Association Act?

The Maryland Legislature has adopted laws requiring disclosures to purchasers that a lot is located within a homeowners association for which fees must be paid; sets forth warranties; rules regarding meetings of the association; family day care activities and other aspects of homeowners associations. The Maryland Homeowners Association Act is codified and can be found in the Annotated Code of Maryland as part of the Real Property Article, Title 11B. The Act is refined by amendments from year to year.

What are the Homeowners Association Documents?

The Articles of Incorporation for incorporated homeowners associations establishes the homeowners association as a legal, corporate entity. Articles of Incorporation are recorded with the Maryland State Department of Assessments and Taxation. The Declaration of Covenants, Conditions and Restrictions are a written statement by the owner of the land within the homeowners association, subjecting the land to assessments, covenants, restrictions and rules. It describes the land included in the homeowners association, the lots and the open space and recreational lands. It refers to the recorded plats and states whether or not there will be any future additions to the homeowners association.

The Declaration must be recorded among the land records of the county where the community is located. A homeowners association adopts By-Laws, which describe and provide for, among other topics, the Board of Directors, officers, insurance requirements, procedures for meetings, voting rights, and adoption and enforcement of rules, regulations and amendments. The Record Plat or Subdivision Plat for the homeowners association is recorded among the plat records of the county where the land is located. It shows the number of lots, the location of the open space and recreational lands and often contains important notes governing the use of lots, streets, and the open space and recreational lands.

How is a Homeowners Association run?

Typically, a homeowners association is run by all of the lot owners (initially it may be the developer also known as the declarant) formed together as the incorporated or unincorporated homeowners association.

The lot owners constitute the members of the homeowners association and are analogous to stockholders of a stock corporation. They elect representatives to the Board of Directors. The Board of Directors chooses the President, Vice President, Treasurer and Secretary from among themselves. The Board of Directors and officers make the decisions for the homeowners association from day to day.

In most cases, the Board of Directors may delegate its authority to manage the homeowners association from day to day to a professional Management Agent. The Management Agent is answerable to the Board of Directors and acts only with authority from the Board.

Where does the money come from to run the Homeowners Association?

Lot owners pay annual Assessments into a general fund. Assessments may be billed and payable annually. The amount of the initial assessment is established by the developer and is stated in a proposed annual budget. Subsequent annual budgets are based upon past experience and anticipated expenditures. The Board of Directors commonly proposes the budget and the members approve it. The budget includes costs for maintenance, common utilities, planned additions, insurance, administration and reserves for future major expenditures for homeowner’s association property. Failure of a lot owner to pay the association assessments may result in a lien against that lot being filed among the land records of the county. Lawsuits and costly foreclosures may result if assessments continue unpaid. Needless to say, management of a homeowners association can be a big responsibility and a big business.

 
Summary

Homeowner association living is a life-style in which property owners join together to own and maintain open space and recreational lands for their joint benefit and agree to subject their lots and improvements to covenants and restrictions in order to maintain property values. Your lawyer can explain those parts of your homeowner’s association documents, which will have the most direct impact on you, such as assessments and maintenance responsibilities and ownership rights. The more informed you are regarding your responsibilities and rights; the more you will enjoy your homeowner association living experience.

The Board of Directors consists of nine members whose officers consist of the President, Vice President, Secretary, and Treasurer. The Architectural Control Committee, whose charter is to periodically review and recommend to the Board regulation compliance issues, advises the Board. The Board is responsible for the operation of the HOA including maintenance of common areas, enforcement of Association articles, By-Laws, regulations and the assessment of dues to pay for these items.

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Board Directors

Board Directors of the Landings at Cedar Cove HOA are responsible for the management of all aspects of the Association.  The Board will use its best efforts at all times to make decisions that are consistent with the principles, and to maintain, protect, and enhance the value of the Landings at Cedar Cove and quality of life.

The Association will be managed by a Board of nine (9) Directors.  There are nine specific duties identified in our By-Laws, which are composed of four Officers and five committee Chairpersons.  The four Officers are the President, Vice President, Secretary, and Treasurer.  The five committees are Architectural, Community Council Delegation, Community Maintenance, Nominating, and Social & Welcoming Committees. 

Operating a homeowner association carries with it many of the very same duties and responsibilities as overseeing any other business.  Serving as a Board Director is a valuable and rewarding experience that should be undertaken by those who see it as an opportunity to serve their fellow neighbors while protecting and enhancing the assets of the community.  It is serious business, but also a task worth doing well in order to safeguard the investments of all.

Committees

It takes a lot to run a HOA—services to contract, Boards to elect, general maintenance to take care of, and all the rest on that ever-present "to do" list with which Board Directors are certainly familiar.  With all the responsibilities that come with living within a homeowners association, it only makes sense that some of the tasks would be split up among its members.  Wise Boards understand the value of delegation and put their heads together to either appoint or elect special committees to handle certain responsibilities and improve their community's quality of life.

The Board is elected to oversee HOA operations, not to do all the work.  Committees offer the opportunity to spread the work around and to involve more members in the homeowner association operations.  HOA Boards can only do so much heavy lifting by themselves.  The residents that participate on committees help lighten the Board’s load and strengthen the association.  This extra effort improves the community and makes it a better place for everyone.

The Landings at Cedar Cove has the following committees: 

Architectural Control Committee

Community Council Representatives

Community Maintenance Committee

Nominating Committee

Social & Welcoming Committee

Each committee is headed by a Chairperson, who is a member of the Board.  The Chairperson organizes the committee to carry out their duties that are identified in the Declaration and By-Laws.  The Chairperson has the responsibility to record actions by the committee and provides the original records to the Secretary of the Association, who maintains the original records.  The Chairperson has the additional obligation to ensure the resolutions of the Board for which the committee is responsible for has been reasonably carried out.  The Chairperson or Designee is also responsible for providing committee reports at Member Meetings as well as Board Meetings.

So whether you're new to your association and just want to meet people and get involved, or you've got your eye on a seat on the Board, take a look at your association's committee structure and see how you can get involved.  Everyone benefits from the work of these groups, and their work makes communities stronger.

*Any resident interested in serving on a committee should contact the Chairperson or a member of the Landings Board.