Blue Notice IP-25-02

For developments with six or more residential lots or units, a developer is required to submit drafts of HOA documents, pursuant to the County Code § 17-3-301(c)(10) (all subdivisions consisting of 6 or more lots), § 17-6-111(f) (open areas, rec areas), and 17-6-103(j) (private roads). 

The County will confirm the HOA documents meet the minimum requirements of this checklist and the County Code by review of the affidavit submitted with the documents. The HOA documents shall be flagged in the HOA Document package and verified by the Office of Planning and Zoning, Inspections and Permits and the Office of Law. 

1. At the Final Plan Stage 
   1. A draft of the Declaration of Covenants, Conditions, and Restrictions; Bylaws for the proposed HOA for the primary development and all related developments, phases, or subareas, demonstrating the following: 
      1. The HOA has clear legal authority to maintain and exercise control over such common areas and facilities shown on the final plat and a facilities inventory (to be included in this package, see #C(3) below); 
      2. The HOA has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities; and 
      3. The HOA is obligated to maintain legal operating status under the laws of the State of Maryland in perpetuity, unless and until a decision to dissolve/wind up is made in accordance with the Declaration. 
      4. When residential garage spaces are used to meet the minimum parking requirements for a project, the HOA docs shall clearly state that garages may only be used for parking and may not be converted to any other use. 
      5. If a development has an age restriction, language regarding the restriction in accordance with the addendum must be included. 
2. At the Final Plat Recordation Stage - As part of the completion of subdivision under County Code § 17-3-304(a)(2), the developer shall provide the following: 
   1. Articles of Incorporation (to include any Amendments), Certificate of Good Standing from the State Department of Assessments and Taxation, and any other document required to verify that the proposed HOA to which common areas and maintenance responsibilities will be transferred has been established and is currently authorized to do business in the State of Maryland.
   2. The plat mylar submittal package must be accompanied by an affidavit of the owner or representative certifying that the HOA documents recorded and referenced on the plat mylars accurately reflect the draft HOA documents approved with final plan application and meet the minimum requirements of this checklist and the County Code. 
3. At the time of the BMP Hand-off meeting (refer to IP-21-17) - The following shall be provided by the developer as a part of the Hand-off Packet: 
   1. Copies of the deeds, or draft deeds if such deeds have not been recorded, conveying all open area and other common areas to the HOA shall be provided at this stage. If such deeds have not been recorded, then draft deeds shall be provided. 
   2. The initial estimated proposed or actual annual budget for the HOA, including a description of the replacement reserves for common area maintenance (including private Stormwater management facilities) and improvements, and a copy of the projected budget for the HOA based upon the development fully expanded in accordance with any expansion rights contained in the Declaration. 
   3. A facilities inventory including an itemized list of all parcels, private roads, curbs, gutters, sidewalks, entrance monuments, retaining walls, fences, noise suppression walls, benches, recreational areas (included but not limited to picnic areas, beaches, piers, playground equipment, hard or soft surfaced athletic courts, swimming pools, sauna or exercise rooms, meeting rooms, clubhouses, hiker/biker/fitness trails, greenways, or linear parks) and any other physical aspect of the project which is to become the responsibility of the HOA. Notwithstanding the foregoing, a reserve study in accordance with HB107 (eff. 10/1/2022) may be provided in lieu of the facilities inventory

Provisions to include in Age Restricted declarations (Can be worked into the owner’s other declarations; should include some kind of variation of the following) 

Definitions 

“Age Restricted Resident” or “Older person” shall mean a resident of an Age-Restricted subdivision, who is fifty-five (55) years of age or older, and as defined under the federal Fair Housing Act (42 U.S.C. § 3601, et seq.) and § 17-7-501 of the Anne Arundel County Code (as amended). 

Use Restrictions 

1. Age Restrictions and Exemptions. 
   1. The Property shall constitute housing intended and operated for occupancy by at least one Age Restricted Resident.
   2. Notwithstanding any provision of this declaration to the contrary, and subject to the requirements of federal, state and County law, all occupied Dwelling units shall be occupied by at least one Age Restricted Resident. 
   3. Other Residents may occupy a Dwelling unit with an Age Restricted Resident so long as the Age Restricted Resident at all times resides in the Dwelling unit with such other Resident. 
2. Persons Under Age 19. 
   1. Except as provided in subsections 3(b) below, no persons under nineteen (19) years of age may occupy any Dwelling unit. 
   2. Any person under nineteen (19) years of age may visit a Dwelling unit as the guest of the occupants of the Dwelling unit, provided that no such person may stay overnight in a Dwelling unit for more than sixty (60) days in any one calendar year (as measured from January 1st through December 31st). 
3. Guests. Subject to Section 3(b) above, nothing in this Declaration shall be deemed to prohibit the daily visitation of a Dwelling unit by persons not otherwise permitted to occupy a Dwelling unit (including persons under nineteen (19) years of age who are family members or guests of a Tenant or occupant of a Dwelling unit), provide such visitation shall not be for a period of more than seventy-two (72) continuous hours. 
4. Resident Surveys/Affidavits. Each Tenant or occupant of a Dwelling unit, upon any request made by the Declarant from time to time, shall promptly furnish the Declarant with the names and ages of all occupants of the Dwelling unit and such affidavits and other documents as the Declarant may request to verify the age of such occupants and their status as an Age Qualified Resident, in accordance with this Declaration. 
5. Amendments. This Declaration may be amended from time to time by the Declarant, in order to comply with the Fair Housing Laws, to reflect changes in the Fair Housing Laws, to reflect changes in the zoning or use approvals with respect to any portion of the Property, or to confirm or implement such actions of the Declarant that are authorized or otherwise provided for under this Declaration. Any such amendment may be made by the Declarant, as applicable, without the consent or joinder of any Tenant of a Dwelling unit or any other party having any interest in a Dwelling unit or other portion of the Property, subject to County approval pursuant to Section 10 below. No amendment hereto shall be effective until recorded among the Land Records of the County. 
6. Approval by the County. The age restriction provisions of this Declaration have been approved by Anne Arundel County. The provisions restricting the age of residents may not be amended or deleted without the prior written approval of Anne Arundel County, subject to the Section 17-7-501. 
7. Enforcement. The Declarant shall have the right, power and remedies to enforce this Declaration.