Homeowner’s Association
Rules and Bylaws
Park Rules
The Board of Directors of Delmarva Park, Inc. to protect the investment of tenants or residents of Delmarva Park, and to enhance the desirability of residing in the park, has adopted these rules. These rules are designed to prevent nuisances and the impairment of the attractiveness of the community are deemed necessary for the order, peace, health, safety, and operation of the park, and for securing and promoting the convenience, safety and welfare of the residents. Except as otherwise provided herein, the Board of Directors (here after referred to as the Board), reserves the right, in a reasonable discretion, to modify or amend these rules in order to attain the objectives stated herein.
BUILDINGS AND SITE
HOMES
All mobile homes and other structures placed on a lot in the park (hereafter referred to as “homes”), shall be maintained in good condition and repair and the exterior of all homes shall be clean, neat, and properly painted at all times, and the Board reserves the right to require reasonable repair, maintenance and improvement of any home.
Utility services including water, electricity, sewer, and others are to be properly connected, insulated, and protected before resident takes occupancy and during the tenancy. Licensed contractors in accordance with area code specifications and inspections must perform all utility services.
Plumbing is to be kept in good repair and plumbing leaks are to be repaired immediately. The Board reserves the right to shut off the water supply to a home if a water leak exists wherever such action is deemed by the Board and/or maintenance supervisor to be in the best interest of the park. In accordance with the sanitary commission regulations, outside showers cannot be hooked up to the sewage system under any circumstances and any hook up will be disconnected and the resident will be billed for the expense to disconnect.
When replacing a mobile home or placing a mobile home on a lot, the replacement mobile shall meet the following condition.
New.
Used, less than 5 years old and in excellent condition.
Used, if more than 5 years old the following shall apply.
Shall be in excellent condition.
Shall meet all current fire code and/or state and county codes for mobile home construction. For example; fire detectors.
Shall be inspected by the Board before it can be placed on any lot within Delmarva Park. This may be accomplished by a visit to the home by the board, or a sufficient detailed number of current pictures of the home.
The board reserves the right to deny placement of any home that in the discretion of the board, does not comply with all the above standards.
UTILITIES
Water. All homes that are not winterized with the water drained are to have heat tapes that are operative and maintained from October 1 to April 1.
Heat tapes must be U.L. approved with manufacture’s recommendations for installation and must be checked periodically to prevent freeze-ups and repair.
No one may run water to keep lines from freezing.
To protect the parks water supply any home that will not be occupied for a period of 8 days or longer must shut off its supply line at the park provided cut off valve. This is especially true from October 1 to April 1.
Sewerage: Hook-up for sewerage is by way of the main line which, is located in common area (normally the roadway). Any existing Abandoned Septic Tanks on a Lot must be pumped out and filled in by an accredited Contractor in accordance with County and State requirements. This is a County Building Permit requirement before any replacement Unit can be placed on a Lot.
Electric: Hook-up for electric is provided from a junction box next to the mobile home.
Responsibility, maintenance, or repair of any utility to any individual lot ends at the park provided hook-up. All maintenance and/or repairs beyond that point become the responsibility of the lot/home owner. This is true for water, sewerage and electric hook-ups only, as gas, telephone and cable TV are provided by outside companies.
Must display on the street side of home the site number. Numbers minimum 3” in size in uniform location and facing the mobile’s left side.
All newly installed oil tanks must be located at the rear of the home, and in no event, shall they be located within five (5) feet of any door entrance to the home. All oil tanks shall be painted with rust inhibiting paint or material.
All newly installed propane tanks shall be located at the minimum of ten (10) feet from any opening (door, window, etc.).
Shall comply with smoke detector regulations of the County and State. Fire extinguishers shall be available in each home.
TV ANTENNA & SATELLITE
Any type of television antenna must not be higher than five (5) feet above the home, using no larger than 2” pipe and must be placed on the side of the home specified by a designated representative. Television antennas or other apparatus must be attached to the home, not to vent pipes or fences. Guide wires in the yard will not be permitted without the written consent of the Board.
Satellite dishes are permitted in the park. They cannot be any larger than 24” (twenty-four) in diameter and not be any higher than the mobile home. The Board must approve location before installation.
MOBILE SITE REQUIREMENTS
Setup
Must obtain a survey of lot.
Must contact Worcester County for appropriate placement on site, concerning County requirements for mobile homes and other structures.
Must submit a plan of surveyed lot to Board for approval.
Must show proposed location of mobile on site.
Must show the proposed location of two (2) designated off street parking spaces on site.
If placing a shed at same time as mobile must include proposed location and size of shed.
Must, after Board approval of site plan, submit a $500.00 deposit to be held in escrow to cover damages incurred to the Park during construction and before permit will be applied for. Repairs to be completed within (30) days.
Must comply with all other established rules related to mobile homes, sheds and all other structures.
The Board reserves the right, in a reasonable discretion, to modify or amend these guidelines to attain the objectives stated herein.
Location
Must be installed in a uniform manner, shall be located no less than ten (10) feet from the road, (5) feet from the side property line property lines and (5) feet from the rear property line. (Note the following exception. Should the lot line be located in the road then it shall be located ten (10) feet from that location). Must also be in accordance with County Code. Prior to the delivery, the dealer and/or resident must obtain a complete list of set-up requirements established by the Board, and will make certain that all materials necessary for a proper set-up accompany the home to the park.
FENCES, STEPS, AND SKIRTING
Fence installation subject to prior approval of the Board.
Fences, steps, and skirts shall be kept neat and in good repair.
Steps to the homes, porches, or patios shall be constructed of sturdy pre-cast concrete or shall be of neat wooden or aluminum construction or acceptable mortared bricks. Concrete blocks are not acceptable.
Porches, awnings, skirting, and screening are the property of the resident. However, if left on the lot at the time of moving the new owners will be responsible for the removal of undesirable items.
Within thirty (30) days from installation, the homeowner must be under skirted on all four sides with commercially manufactured materials. Under skirting must provide adequate access for inspection or repair of utilities.
UTILITY BUILDINGS, AND ALL OTHER STRUCTURES
One utility building per home is permitted so long as such building conforms to the County Code and is approved by the appropriate local authority.
Utility building shall not exceed 12’L x 12’W x 12’H in size (except with the express written consent of the Board). Such buildings shall be kept in good condition and neat at all times.
The Board shall be consulted for proper location of the building on site.
Decks, cabanas, or porches shall conform to applicable portions of the County Code and must be approved by the Board prior to obtaining a Permit from the County for construction.
WRITTEN CONSENT
No construction or placing in the park of buildings or of any exterior addition to the home or any such building shall take place without written consent. This shall also include driveways, sidewalks, fences, or other improvements made on any lot. Anyone seeking such consent shall submit for approval by the Board, a description of the proposed change or construction, including adequate plans and specifications where applicable. The Board shall review such description regarding harmony of exterior architectural design, attractiveness, and location in relation to surrounding structures and utilities. This must be done before any action is taken including obtaining a Building Permit (if needed), from the County.
In addition to its rights set forth above, the Board may require as a precondition to renting or leasing a site within the park that the resident repair, change, or modify any home, other buildings, which in the discretion of the Board, does not comply with the above standards.
MAINTENANCE OF SITE (LOT)
LAWNS, TREES, AND SHRUBBERY
Lawns and grass must be kept cut, neat, and free of weeds, articles, or objects. Trees and shrubbery must be maintained at shareholder’s expense so they do not encroach or damage neighboring lots or homes.
Grass and weeds shall be removed from around trees, shrubbery, gardens, and structures.
Residents shall keep gardens neat and well cared for.
In the event a resident fails to maintain park standard, work shall be accomplished by the Board, who will charge a fee set annually by the Board. When uncut lawns become six (6) inches and unsightly the park will cut the lawn at a $40.00 minimum fee billed to the property owner.
Without prior written approval of the Board no rod, stake, pipe, or other object shall be driven into the ground and there shall be no digging anywhere within the park because of the danger of underground pipes, wires, and conduits. Residents shall be liable for any damages caused by any violation of this rule.
Lawn furniture, freezers, major appliances, bicycles, toys, barbecues, and other outdoor articles, when not in use, detract from the appearance of the entire immediate area and therefore should be properly stored. All residents shall provide secure winter storage for all the above items.
To maintain safety for himself and his family, no resident shall store or place articles or materials under the home which are flammable or unsanitary.
No planting on common ground is permitted without Board approval.
CLOTHESLINE AND REELS
Only umbrella type clothesline and reel are permitted.
Wet towels and clothing, etc. shall be dried on clothesline and not to be dried over railings or furniture.
POOLS AND WATERSLIDES
Wading pools for small children are permitted in the park. Since we are on our own well water they are restricted to have sides no more than one (1) foot in depth and five (5) feet wide. Waterslides are not allowed at any time due to their constant need for running water.
TRASH AND GARBAGE
Trash and garbage
Must be bagged in sturdy plastic bags that tie or close securely at the top and be placed in the dumpster located in the overflow parking lot.
Bulk items are the responsibility of the shareholder and are not to be placed in the dumpster. A special large dumpster will be provided yearly in May for Bulk items.
Abandoned, unused, or rusting material, or other types of junk (grass clippings, weeds, leftover foods, etc.) shall not be permitted on any site or underdeveloped lot in the park.
Garden debris, weeds, and grass clippings may be placed in the designated area at the south end of the overflow parking lot.
PETS AND ANIMALS
Pets must be curbed only on resident’s lot. Pets that accompany guests and visitors shall be allowed in the park.
Pets may not be chained outside the mobile home for extended periods.
Pets may only be outside while on a leash and efforts must be made by the resident to remove the animal waste.
Pets may in no way annoy or disturb neighbors.
Pets may not be allowed to run loose at any time.
BOATS, MOTOR CYCLES, RV’S, SCOOTERS AND OTHER VEHICLES
AUTOMOBILES
Only vehicles in good repair and appearance shall be kept in the park.
Unregistered or junk vehicles shall not be permitted in the park. Such vehicles shall be towed away at the owner’s expense.
No major repair to, or overhauling, of any motor vehicle shall be made or accomplished anywhere on park property.
Damage to parking areas caused by leakage of gas or oil from motor vehicles shall be the responsibility of the resident.
Reasonable speed limits are essential to safeguard residents, guests, and visitors. A speed limit of ten (10) mph will be strictly enforced.
Vehicle engines shall not be unnecessarily raced or gunned at any time.
All vehicles must maintain the muffler system in good repair and working order.
Motor vehicles shall be operated in the park in accordance with the laws of the State of Maryland and the County Code, and the safety, parking and traffic control signs posted within the park.
BOATS
The Board must individually approve boats in excess of twenty-five (25) feet and all cabin cruisers in writing.
COMMERCIAL VEHICLES
Commercial motor vehicles are permitted to be kept in the park by RESIDENTS ONLY.
RV’S AND MOTOR HOMES
No overnight parking of RV’S or motor homes permitted in the park except in designated storage areas.
MOTOR CYCLES AND SCOOTERS
Small Scooters and Mini Motor Cycles powered by electric or gasoline are prohibited from being operated on park property.
PARKING
Vehicles shall be parked overnight only in driveways or parking areas.
Vehicles parked overnight in street or in other unauthorized places may be towed away at owner’s expense.
Boats or Boat trailers may not be parked in the roadway.
Overflow Parking Lot- All Autos, Boats, RV’s, Trailers, and any other Vehicles, etc. must have their Unit # on them and have a valid tag and registration. Registration must be provided to the Board prior to parking in the lot. The registration must be in the Shareholder’s name. Only one Auto, Boat, RV, Trailer, or other vehicle, etc. per Lot is allowed in the overflow parking lot.”
The Board also reserves the right to require that Cars, Boats, Trailers, Motor Cycles, RV’s, Scooters and other Vehicles that are not registered or maintained in good repair and appearance be removed from the Park.
RENTERS
At the July 20, 1989 meeting of the Board of Directors, the problem of renters was discussed at length. To control this problem, it is necessary to change park rules.
Beginning May 1, 2015, any stockholder who is proposing to offer his premises for rent shall first pay a rental fee to Delmarva Park, Inc. The fee shall be $100.00 per year, payable at the beginning of the Park’s fiscal year, unless the rental period shall begin prior to this date.
In the event a stockholder rents or advertises for rent his home or premises without first paying the fee, a $25.00 penalty will apply. Failure of payment may result in the termination of the stockholder’s rental privileges for the remainder of the fiscal year.
Stockholders shall be required to post a copy of the Park Rules in the rented/leased home.
The shareholder and/or rental agency must provide Delmarva Park, Inc. with a copy of the rental agreement prior to tenants extended period of occupancy. Information and the form with the names of the tenants shall be forwarded to the Treasurer of Delmarva Park, Inc. Shareholders are responsible for the conduct of their tenants and guests.
Rentals are restricted to families only.
SEASONAL RENTERS
Delmarva Park, Inc. is not staffed to provide lock out assistance to seasonal renters. A resident should advise anyone renting a home of the park rules, the proper use of the home, including how to replace fuses, use of equipment, parking cars, trash disposal, etc. Any request for maintenance of the home by the seasonal renters will be turned over to a service company and the resident will be billed by that service company.
GENERAL
NOISE
Residents of the park and their guests shall conduct themselves in a reasonable, quiet manner so as not to disturb others.
Noise levels shall be reduced before 11:00 PM for the benefit of all residents. Construction, lawn mowing, etc. shall not begin before 8:30 AM.
Residents shall keep their radios, record players, televisions, voice, and other sound surfaces at a moderate level.
Air conditioning equipment must be installed in accordance with the County Code and approved by the park representative.
OTHER
The use of any firecracker, firearm, BB gun, air rifle, bows and arrow, slingshot, or other weapon or dangerous device is prohibited within the park.
No loud, vulgar, or profane language will be permitted.
No peddling, soliciting, or commercial enterprises are permitted in the park. Signs or advertisement of any type are prohibited, except real estate signs.
MEETINGS
All annual, general and board meetings must be open to all shareholders and held at a public place with announcement to park shareholders at least 14 days prior to date of meeting.
Posting on park bulletin board will be sufficient notice to all Shareholders.
POSTING
A copy of the rules will be posted on the bulletin board located in the park and/or at any appropriate location in the park normally used for posting of announcements.
AMENDMENTS
The Board may make amendments to the rules at any time, and such amendments shall be distributed to residents. Such amendments shall become effective: (1) the date specified in the amendment, or (2) thirty (30) days after the Board gives to each resident written notice of the amendment.
RULE VIOLATIONS AND ENFORCEMENT
Enforcement of these rules shall be the responsibility of each resident. Violations should be reported in writing to the Board. Any violation of a provision of these rules which is not corrected within fifteen days of the delivery in hand or deposit in the mail of notice of such violation from the Board representative to the resident shall entitle the Board to take legal action against the resident after thirty (30) days from resident’s receipt of the aforesaid notice.
Procedure Prior to Imposition of Fine or Sanction for Rule Violation the Board may impose a fine for violations of these Rules pursuant to the following procedure is:
Written notice of the alleged violation shall be mailed or personally served upon the shareholder specifying:
The alleged violation;
The proposed sanction to be imposed;
Notice that the Board will conduct a hearing before the Board in session upon a written request of the Shareholder delivered to the Board within the (10) days after mailing or personal delivery of the Board’s Notice of alleged violation.
If the shareholder timely requests a hearing in writing the Board shall send the alleged violator (Shareholder) written notice of the time and place of the hearing before the Board, which time shall not be less than ten days from the giving of Notice. If a hearing is timely requested, the shareholder has the right to present evidence and cross examine witnesses. The hearing shall be held in executive session of the Board and shall offer the shareholder a reasonable opportunity to be heard Proof of Notice of the hearing shall be placed in the Minutes of the hearing along with a written statement of the results of the hearing and the sanction, if any imposed,
If after a hearing, or if no hearing is timely requested, a fine is imposed, the fine may be collected and bear interest in the same manner as Rent pursuant to Articles XII and XXX of the Proprietary Lease. Any fine not paid within 30 days after being assessed shall constitute a default pursuant to Articles XIII and XXX of the Proprietary Lease. The Board shall have the authority to establish the amount of fines for Rule violations which shall in no case be less than the amount of $100.00 per violation. For a continuing violation, the Board may issue additional fines every thirty (30) days the violation is not corrected, removed or otherwise ceases to exist. For nuisance violations (i.e. excessive noise, pet disturbances) additional fines may be assessed every 24 hours the violation is occurring or occurs.
If any Sub-Tenant of a Lessee holding a Proprietary Lease violates any Rule, the Lessee (Shareholder) and the Sub-Tenant shall be jointly and severally liable for the default created by any Rule violation and for the payment of any fine and interest assessed. See Article XIII of the Proprietary Lease.
Lessor (Delmarva Park, Inc.) may elect to file suit in any competent court of law to collect fines charged as rent or to otherwise enforce any Rule violation, in either of which cases the Lessee (Shareholder) shall pay Lessor’s expenses, including reasonable attorney’s fees which shall not be less than $250.00 per hour regardless of the amount or issue in controversy and which shall be payable on demand as additional rent. No election to file suite to collect rent or to enforce any Rule shall abrogate the Lessee’s (Shareholder’s) right to later elect to enforce any or all of its default remedies as provided in the Proprietary Lease.
ASSESSMENT PAYMENTS
Assessment payments are due on the first of each month. Payments not received by the 15th of the month in which it is due shall be assessed a late fee.
Tax payments are due by September 30th each year. A tax payment not received by the 30th of September shall be assessed a late fee.
Late fees:
Any assessment not paid by the fifteenth (15th) of the month it is due shall be subject to a progressive $15.00 late fee. Said late fee shall be assessed after the 15th of each month that payment is late. (EX. One month late fee equals a $15.00 late fee, two months late equals an additional $30.00 late fee, three months late equals an additional $45.00 late fee, etc., with a late fee Cap of $45.00 per month.
EX. One month late – total late fee $15.00
Two months late – $15.00 plus $30.00 = total late fee $45.00
Three months late - $45.00 plus $45.00 = total late fee $90.00
Four months late - $90.00 plus $45.00 = total late fee $135.00, etc.
Any tax payment not received by September 30th of the year in which it is due shall be assessed an accumulative late fee of $15.00 the first 30 days the tax payment is late, an additional $30.00 for the second thirty days, an additional $45.00 for the third 30 days and then an additional $100.00 for each month thereafter:
EX. One month late (October 1- October 31) equals a $15.00 late fee
Two months late (Nov. 1 – Nov. 30) equals $45.00 late fee
Three months late (Dec. 1 – Dec. 31) equals $90.00 late fee
Four months late (Jan. 1 – Jan. 31) equals $190.00 late fee
Five months late Feb. 1 – Feb. 28) equals $290.00 late fee, etc.
TRANSFER/SALE OF SHARE IN DELMARVA PARK
At the Board of Directors meeting held on April 20, 1991, in Delmarva Park the Board of Directors voted to establish rules in conjunction with the transfer/sale of share in Delmarva Park. As of May 1, 1991, the following procedures shall be complied with.
Settlements shall be attended by at least one member of the Board of Directors of Delmarva Park, Inc.
All settlements will be conducted by, or reviewed by the park attorney. In those instances where an attorney or settlement agent is not the current park attorney, the corporation’s attorney will be requested to attend the settlement, and will be required to review all of the documents prior to the new stock certificate being issued, in which case the purchaser of the shares shall pay to the park an amount equal to the corporation attorney’s review fee as part of the settlement. The review fee will be above and beyond the parks transfer fee.
Any monies owed by Seller of shares of Delmarva park will be collected at settlement, including maintenance and mortgage payments, mobile home taxes, renter’s fees, and any special assessments or other monies owed to Delmarva Park, Inc.
Any lot holder who is selling his shares shall provide the new buyer with his copy of the park prospectus at settlement. Failure to provide the prospectus will result in a $25.00 reprint fee being charged to the seller, and a new copy shall be printed and delivered to the buyers at the earliest possible date.