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Summary
of the Architectural Covenants
PURPOSE
Filed
in the land records of Carroll County
is the “Declaration of Covenants, Easements, Changes and Liens” for our
properties. One way these covenants affect us is that they limit the
things we
can do the exterior of our properties without prior approval of the
Architectural Committee of the Homeowners' Association (essentially
ourselves).
The covenants also sets down, in legal terms, things that we are not
allowed to
do at all.
The
purpose of these guidelines is to translate our legal do's and don'ts
into understandable
terms for the residents of Carrolltowne. To develop these guidelines,
our
Architectural Committee reviewed the covenants. The Architectural
Committee and
the Board of Directors (your neighbors) want to ensure that everyone
had as
much freedom as possible to use and improve their properties, and to
help keep
Carrolltowne the attractive community that it has always been.
The
last time that these guidelines were distributed was with the Community
Directory
in 1993, and the Committee felt that, with the many changes in
ownership and
the increasing number of absentee landlords, a new edition was needed.
IMPROVEMENTS
ALLOWED – NO ADVANCE APPROVAL REQUIRED
The
Architectural Committee has developed the following list of
improvements that
can be made without requesting the Committee's prior approval. These
improvements
must be constructed and located just as they are stated; otherwise the
Architectural
Committee must be contacted before starting work. Remember...
as the property owner you are responsible for applying for, paying for,
and
properly displaying all necessary Carroll County
building permits for the proposed improvements. THIS DOCUMENT IS NOT A
BUILDING
PERMIT.
• Storage
sheds less than 150 square feet of floor space, swing sets, sandboxes,
decks
and patios, if,
a.
they are located in the rear yard area, behind the line running along
the back
of the house, and
b.
they are constructed and colored to be compatible with the exterior of
the house,
with the exception of children's play equipment.
• Exterior
painting, and roof replacements, if compatible with the exterior colors
of the
house, and
the
exterior colors of adjacent houses.
If you live in a semidetached home, you must contact
the Architectural Committee before changing
any exterior color.
• Vegetable
gardens if,
a.
they are located in the rear yard area of the property and do not
extend beyond
the side sight lines of the house, and
b.
neatly maintained, weeded, and not over 250 square feet in area.
• Rock
gardens, if the rocks are left in their natural colors
• Fences,
if
a.
they are located in the rear yard area of the property, behind the line
running
along the back wall of the house, and
b.
they are not higher than four feet (4'), and
c.
they are constructed of wood.
• Short
sections of ornamental wooden fence in the front corners of properties.
• Hedges
or plantings used to form a property divider are permitted if neatly
trimmed and
maintained, and are located along the rear and side property lines
only, and do
not extend farther forward on the property than a line running along
the front
wall of the house.
• Standard
sized TV antennas attached to the house. The Tele-communications Act
passed by
Congress removes the previous restrictions on satellite dish-type
antennas, up
to thirty-nine inches or one meter (39” or 1 m.) which previously
existed in
the Covenants. Dishes larger than thirty-nine inches or one meter are
still prohibited.
When installing such dishes, the Committee asks that every possible
effort be
made to minimize the visual impact of the installation to the
neighboring properties
and to passers-by, and that installation be made as far to the rear of
the property
as possible without degradation of signal reception.
• Basketball
backboards, if attached to the garage, the carport, the rear wall of
the house,
or adjacent to the parking pad or driveway.
IMPROVEMENTS
WHICH ARE GENERALLY ALLOWED, FOR WHICH ADVANCE APPROVAL IS REQUIRED
Any
improvements other than the ones described in the preceding section
above must
be approved in advance. Some examples of the types of improvements that
require
advance approval are, but not limited to;
• Driveways
and parking pads, including the widening of existing facilities.
• Fireplaces
• Garages
• Permanent
barbecues
• Swimming
pools, three feet or greater in depth, whether above or below ground.
• ALL
OTHER EXTERIOR BUILDING ALTERATIONS OR ADDITIONS WHICH ARE VISIBLE FROM
THE
OUTSIDE OF THE HOUSE
To
request approval of a proposed improvement you must submit the
following information
to the Architectural Committee. Please remember when submitting your
requests
that the Committee meets monthly, and although emergency decisions are
sometimes
possible, sufficient time should be allowed for the Committee to
evaluate your request.
• Rough
or hand drawings and/or a copy of
your site survey ( do not send us the original) showing the dimensions
of the
improvement for which approval is requested, and its location relative
to the
owner's dwelling, to the boundaries of the lot on which it is to be
built, and
its location relative to any improvements on adjacent lots; and
• A
description of the material to be used in constructing or installing
such improvements, and
• Any
other pertinent information needed by the Architectural Committee in
its consideration
of such request.
Requests
for approval can be sent to The Carrolltowne Association, P.O. Box 463, Eldersburg, Maryland 21784.
DISALLOWED
IMPROVEMENTS
The
following types of improvements are NOT permitted
in the Covenants and will NOT be
approved:
• Awnings
of any type or description, other than on the rear wall of the house.
• Chain
link fences
• Exterior
clotheslines of any type or description, whether temporary or permanent.
• Plastic
or artificial yard ornaments and decorations in front yard areas;
including but
not limited to such things as plastic geese, pink flamingos, religious
statuary, cement deer, trolls, etc.
• Dish
antennas larger than thirty-nine inches or one meter (39” or 1m.), and
other oversized
television or radio antennas whether attached to the house or free
standing,
such as amateur radio antennas.
• More
than one storage shed per residence.
OTHER
PROHIBITED USES OF A NON-IMPROVEMENT NATURE
Our
Association Covenants also include some “prohibited uses” for which the
Architectural
Committee is responsible for overseeing. Like the other architectural
guidelines,
these were established to help maintain and to enhance the appearance
and value
of Carrolltowne homes. Any exemptions to these uses must be approved by
the Architectural
Committee and the Board of Directors. Since these
restrictions are
largely based upon the Carroll County
zoning laws, exemptions would be extremely doubtful and very difficult
to
obtain.
• Each
home is to be used as a SINGLE FAMILY residence.
Absolutely no professional or commercial use is permitted.
• All
structures must be kept in good repair and appearance. Each home must
maintain
a lawn of no longer than four inches (4”) in length and landscaping
must be
neatly maintained.
• When
improvements are undertaken, all building materials and refuse must be
kept out
of sight and odor free.
• No
“wild” or “barnyard” animals or fowl may be kept on any property. No
more than
two dogs and/or cats may be kept in a single dwelling or lot.
• Absolutely NO house trailer, trailer,
camper, camping
trailer, boat, boat trailer, or truck (other than pickup or van) may
be parked
on any lot, driveway, parking pad, street or parking area within the
boundaries
of the Carrolltowne community.
• No
unlicensed vehicle, or vehicle with expired tags may be kept on any
lot, driveway,
parking pad, street or parking area within the boundaries of the
Carrolltowne
community.
• No
vehicle may be habitually parked on portions of a Carrolltowne lot
other than the
driveway, parking pad or street. Ample provisions exist for driveway
enlargements,
and vehicles parked on lawns seriously detract not only from the
appearance
of your own property, but from the overall appearance of the community.
• The
use of any Carrolltowne property in such a way as to constitute a
nuisance to the
community as a whole is prohibited. This prohibition includes but is
not
limited to; maintaining compost or refuse piles which emit noxious
odors, loud
and offensive parties and behaviors, failure to remove pet waste and to
dispose
of the same in a sanitary manner, and similar activities.
• The
storage of any type of lumber, metals, masonry or other such bulk
materials upon
any Carrolltowne property is prohibited, except such building or bulk
materials
which are then currently being employed in the construction of approved
additions
or improvements to the property. Such materials are to be immediately
removed
upon conclusion of said construction.
WHAT
HAPPENS WHEN COVENANT VIOLATIONS ARE REPORTED OR SEEN, AND THE LEGAL
RIGHTS OF
THE ARCITECTURAL COMMITTEE AND THE CARROLLTOWNE ASSOCIATION TO CORRECT
THEM.
Most
covenant violations are seen from the public roads and sidewalks, and
thus do
not require a close inspection by a member of the Architectural
Committee or
the Board of Directors. Some violations however are maintained upon
properties
in areas which cannot be easily seen from public areas, and do require
inspection.
The Covenants of the Association grant the legal right to any agent of
the
Association to enter upon any property for the purpose of inspection of
suspected Covenant violations and the exteriors of dwellings, after
having
provided the property owner with written notice of their intention not
earlier
than five (5) days prior to the date of inspection.
If
Covenant violations are in fact present on a property, the
Architectural Committee
will advise the property owner (or the resident tenant) in writing of
such violations,
and the property owner (or the resident tenant) shall then be given
fifteen
(15) days to remove any violations, or cease ant prohibited activities,
so as
to terminate the violation. If, after the fifteen (15) day period is
over, the
violations have not been removed, or reasonable steps are not in
evidence of
the owner's (or tenants) attempts to remove or cease such violations,
then an
agent of the Association may enter upon such property and take such
steps as
may be necessary to terminate such violations. The owner of the
property shall
be held personally liable to the Association for any costs of such
action being
taken. In other words, if the Association has to pay for the removal of
a junk
car ( for instance), then the Association will generate a lien against
the
property in the same way a lien would be taken if the property owner
didn't pay
the Association dues.
So
much for the legal rights of the Association and its officers.
Fortunately,
these are worst-case scenarios, and over the years there had evolved a
neighborly approach to solving Covenant violations. When violations are
seen
by, or brought tot he attention of, the Architectural Committee, a
member of
the Committee visits the property owner or the tenant of the property ,
and
informs them in what we hope is a reasonable and neighborly way of the
problem.
Generally situations are corrected after that visit, and the matter
ends well.
Sometimes, however, the Committee must send a written notice of a
Covenant violation
, and this is done two or three weeks after the initial visit. That
letter
gives the owner or tenant fifteen (15) days specified in the Covenants
to
correct the violation. If, after fifteen (15) days have elapsed, and
the
violation is still present, and no effort has been made to correct it,
or the
owner or tenant has made it clear that such action will not be taken,
then the
Committee sends one final letter, written in slightly stronger terms to
the
owner or tenant, granting them a grace period of five (5) additional
days to
correct the violation. This letter informs the owner or tenant that the
issue
will be referred to the Board of Directors for further action should
they
persist in the maintenance of the violation. The Board of Directors
may, at
their discretion, vote to take the full legal action allowed by the
Covenants
against the property owner or tenant, as described above.
These
guidelines are for the benefit of all members of the Carrolltowne
Association,
and the Architectural Committee reserves the right to waive, modify or
supplement
them as it deems in the best interest of our Association members.
THE
ARCHITECTURAL COMMITTEE
THE
CARROLLTOWNE ASSOCIATION, INC.
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