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Bethesda Place Community Council, Inc. Rules and Regulations - 1 - BETHESDA PLACE COMMUNITY COUNCIL, INC. RULES AND REGULATIONS Whereas, Article VII, Section 1 (a) of the By-Laws for Bethesda Place Community Council, Inc. provides that the Board of Directors shall manage the affairs of the Association and has authority to adopt and enforce rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; and Whereas, the Board of Directors has determined that a need exists to further clarify and update the existing rules and regulations for the Association which may easily be referenced by members of Board, by Owners, and by prospective purchasers and tenants of Lots in the Association. NOW, THEREFORE, the following Rules and Regulations for Bethesda Place Community Council, Inc. have been adopted by the Board of Directors in accordance with the By-Laws, effective as of November 12, 2008: I. DEFINITIONS As described in the Declaration of Covenants for Bethesda Place: 1. “Association” shall mean the Bethesda Place Community Council, Inc. 2. “Owner” shall mean and refer to the record owners, whether one or more persons or entities, of a fee simple title to any Lot which is included in Parcel II, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 3. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the owners. 4. “Lot” shall refer to any plot of land shown upon any recorded subdivision plat of the properties with the exception of the Common Area. II. ASSESSMENTS A. Delinquency Charges Annual Assessments are payable in two semi-annual installments, due on January 1 and July 1 of each fiscal year. Any assessment, or installment thereof, which is not paid within thirty (30) days of the due date shall also be subject to the following delinquency charges: 1. A Late fee of $15 or 1/10 th of the assessment installment, whichever is greater;

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Page 1: BETHESDA PLACE COMMUNITY COUNCIL, INC · remove the waste. Pooper-scoopers or other items relating to the pet curbing may not be stored (empty or full) on Common Areas or outside

Bethesda Place Community Council, Inc. Rules and Regulations

- 1 -

BETHESDA PLACE COMMUNITY COUNCIL, INC.

RULES AND REGULATIONS Whereas, Article VII, Section 1 (a) of the By-Laws for Bethesda Place Community Council, Inc. provides that the Board of Directors shall manage the affairs of the Association and has authority to adopt and enforce rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; and Whereas, the Board of Directors has determined that a need exists to further clarify and update the existing rules and regulations for the Association which may easily be referenced by members of Board, by Owners, and by prospective purchasers and tenants of Lots in the Association. NOW, THEREFORE, the following Rules and Regulations for Bethesda Place Community Council, Inc. have been adopted by the Board of Directors in accordance with the By-Laws, effective as of November 12, 2008: I. DEFINITIONS As described in the Declaration of Covenants for Bethesda Place:

1. “Association” shall mean the Bethesda Place Community Council, Inc.

2. “Owner” shall mean and refer to the record owners, whether one or more persons or entities, of a fee simple title to any Lot which is included in Parcel II, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

3. “Common Area” shall mean all real property owned by the Association for the

common use and enjoyment of the owners.

4. “Lot” shall refer to any plot of land shown upon any recorded subdivision plat of the properties with the exception of the Common Area.

II. ASSESSMENTS A. Delinquency Charges Annual Assessments are payable in two semi-annual installments, due on January 1 and July 1 of each fiscal year. Any assessment, or installment thereof, which is not paid within thirty (30) days of the due date shall also be subject to the following delinquency charges:

1. A Late fee of $15 or 1/10th of the assessment installment, whichever is greater;

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2. Interest charges at the rate of ten percent (10%) per annum; After a total of sixty (60) days after the due date, the Association may bring an action at law against the Owner personally obligated to pay the same, file Notice of the Lien among the Land Records of Montgomery County, Maryland, and foreclose the Lien against the property, and interest, costs, late charge, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided herein by nonuse of the Common Area or abandonment of his Lot. B. Other Charges

1. Special assessments shall be due and payable as assessed and are subject to the above Delinquency Charges;

2. Anyone damaging the Association property or landscaping (e.g., lawns, shrubs,

trees, etc.) will be held responsible for all replacement/repair costs. These charges will be billed to and/or assessed against the Owner of the Lot in which the person(s) causing these damages resides or is a guest or invitee of the Lot Owner;

3. Fines will be assessed in accordance with Section X of these Rules and

Regulations and are subject to the delinquency charges outlined above. III. USE AND MAINTENANCE OF COMMON AREA

1. The Common Area includes all areas, other than the Lot, reserved for the common use of all Owners and their guests and invitees.

2. The Common Area must be kept clear of obstructions. No items, such as trash cans, recycling bins, baby carriages, playpens, bicycles, lawn furniture, benches, chairs or similar items may be stored in the Common Areas.

3. Any items found in the Common Areas will be removed at owner’s sole risk and

expense.

4. Nothing may be erected or kept in any Lot or the Common Area that would increase the Association’s insurance rates.

5. No littering or leaving of waste material (animal or otherwise) is permitted in the

Common Areas.

6. No structures of any type may be placed in the Common Area of the Association other than those designated by the Board of Directors for the common use of the Owners.

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IV. GENERAL USE RESTRICTIONS

1. No property shall be used except for residential purposes;

2. No noxious or offensive activities shall be carried out on or upon any Lot or Common Area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. This shall include, but not limited to the following:

a. The unattended presence of bicycles, children’s toys, swimming pools,

lawn mowers, ladders, hoses, garden equipment or similar materials on common areas at any time;

b. The unattended presence of the items described in paragraph (a) above, on

any Lot after dark;

c. The presence of trash cans and recycling bins on the Common Area, or the presence of the same stored in front of any Lot, except during the pick up day window stated in Article VIII Section 3 of this document.

d. The riding of bicycles, rollerblading, skateboarding, or similar activity on

Common Area or on any Lot without the permission of the owner of that Lot;

3. No exterior clothesline or handling devise shall be allowed on any Lot;

4. No individual sewage disposal system shall be permitted on any property;

5. No individual water supply system shall be permitted on any property;

6. No window or through the wall air conditioning units, or window fans shall be

permitted on any property;

7. No sign of any kind shall be displayed to the public view on any property, except one sign of not more than five square feet advertising the property when it is for sale or rent, such sign to be removed once the sale or rental has been completed. Security signs that are in good condition and placed within 3 feet of the home are also allowed; political signs during appropriate election/campaign times are also allowed;

8. Storage of any items on the front porch is prohibited except for the following:

small decorative items, usable chairs in good condition, and planted flower pots. Snow shovels are also allowed during the winter months as needed;

9. No roof top or other exterior television, citizens band or other antenna shall be

permitted on any property without prior approval of the Board of Directors.

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Satellite dishes are allowed but are subject to the provision of the Bethesda Place Regulations Concerning Satellite Dishes and other Antennas, which is available in the Appendix of Architectural Guidelines. Owners must notify the Board of Directors in advance of the installation of a satellite dish;

10. Holiday decorations must be removed/taken down no later than 20 days after the

holiday has ended. V. NOISE AND DISTURBANCES

1. Residents are encouraged to exercise care and restraint to assure that their

activities do not disturb others or damage property. All occupants should respect their neighbors’ right to peace, privacy and the quiet enjoyment of their property.

2. Construction, repair or maintenance work by residents or their contractors must

not begin prior to 8:00 AM or continue beyond 9:00 PM on weekdays and must not begin prior to 9:00 AM or continue beyond 6:00 PM on weekends.

3. Stereos, musical instruments, televisions, radios, or other audio systems shall not be played at levels that will disturb or annoy others in the community. Particular care should be exercised to lower sound levels at night or at times when neighbors have open windows.

4. Radios or music shall not be played loudly in the Common Areas.

VI. PARKING AND MOTOR VEHICLES

1. The speed limit on the private road owned by the Association is 15 miles per hour.

2. There are no assigned spaces in Bethesda Place. Each house is allocated 2 parking

spaces and may park no more than 2 cars in the Association owned parking lots and parking bays. Any additional cars, as well as guest’s cars, should be parked on the County road.

3. Parking is only permitted in designated parking spaces. Parking on the grass on

the Common Area is prohibited. This applies especially to the area across from 7318 – 7348 Greentree Road.

4. All vehicles belonging to residents and their guests must be parked within the

lines without blocking access to other parking spaces.

5. Inoperative vehicles or those without current license tags which have been stored or parked on the Association grounds will be provided a 72 hour notice, and thereafter towed away from the Association at the owner’s risk and expense.

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6. The repair or maintenance of motor vehicles, including oil changes and lubrication, are prohibited on Association grounds.

7. Parking of the following vehicles is prohibited: boats, trailers, campers,

recreational vehicles, vehicles with oversized tires or with more than four (4) tires.

8. A tag or sticker will be placed on the windshield of any vehicle violating any of

these rules, providing notice of the violation and informing the owner that he or she has 72 hours in which to remove his or her vehicle and/or correct the violation. If the violation is not corrected within 72 hours, the vehicle shall be subject to towing at the owner’s sole risk and expense, without further notice to the owner. If the violation occurs a second time within any (12) month period, a notice shall not be required before the vehicle is towed for the second or subsequent violation.

VII. ANIMALS AND PETS

1. The keeping and maintenance of pets is governed by Montgomery County Ordinance and by the Association By-Laws.

2. No animals shall be raised or bred for sale in any Lot or in the Common Area. A dog, cat or similar household pet may be kept in a Lot if not kept for commercial purposes.

3. It is the responsibility of all owners to have their dogs and cats inoculated with an

anti-rabies vaccine and to register a certificate of vaccination with the County health department. Any other pets must be inoculated as required by law.

4. Dogs are not permitted in the Common Area unless they are on a leash. If

electronic leashes are being used, they must be on the dog at all times when on the Common Area and they must be utilized as would a standard leash. Electronic leashes will not be acceptable if the use of them results in a nuisance or danger to other residents.

5. Residents must clean up after their pets anywhere in the community. If a dog

defecates, it is the responsibility of the person walking the pet to immediately remove the waste. Pooper-scoopers or other items relating to the pet curbing may not be stored (empty or full) on Common Areas or outside a Lot.

6. No chains for the leashing of pets may be kept in front of the Lot, on the steps of a

Lot, or in any Common Area.

7. Residents who own pets are required to ensure that their animals are not a nuisance or danger to other residents, including young children.

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VIII. REFUSE

1. All trash placed at the curb for collection must be tightly sealed in suitable hard containers or heavy duty bags. No loose trash is to be left on the sidewalk or other Common Areas at any time. Small recycling bins and yard waste bags do not have to be tightly sealed but cannot be overfilled or overflowing when at the curb for collection.

2. Trash for collection shall be placed in front of the owner/occupants’ Lot. Owner/occupants shall not place their garbage in front of a Lot other than their own unless it has been agreed upon between neighbors to group trash in a designated pick up spot.

3. Residents shall abide by the rules established by the County regarding trash removal standards, pick-up days and hours of operation. Residents must ensure that contractors are advised of these rules within the Common Area. Trash may not be taken out for curb-side pick up until after 5:00 PM the night before the pick up day, and trash containers must be returned to their original locations by 9:00 AM the next morning after trash pick up.

4. All trash and recycling receptacles are to be kept in clean and sanitary condition

and stored in the rear of the Lot or in a garage where applicable. Trash and trash receptacles should not be stored on any Common Area.

IX. ARCHITECTURAL CONTROL A. Maintenance of Individual Lots

1. Each homeowner is responsible for the maintenance and upkeep of their home.

This includes the regular maintenance of the lawn, trees (including roots), shrubbery, plantings, etc. in front of their home. Any damage done to a neighbor’s property or general common area due to negligence by any Lot owner to maintain their landscaping will be the sole responsibility of that Lot owner.

2. No Lot shall be used as a dumping ground for rubbish. Storage of any materials

that may attract rats or other rodents, insects, termites, etc. is prohibited.

3. Front yard railings are to be painted black. B. Architectural Changes

1. Articles V and VII of the Covenants for Bethesda Place provide that written

permission must be obtained before any exterior change (including painting) or any exterior addition can be made to any property.

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2. No building, accessory building or structure, shed, awning porch, or porch covering, garage, trailer, tent, fence, hedges, screens, barns, driveways, walls or other structure shall be allowed, constructed or altered upon any property or dwelling thereon without the plans and specifications having first been approved by the Board of Directors as to quality of workmanship, design, colors, materials, and harmony of the proposed modification to the architectural scheme of Bethesda Place as a whole.

3. No structures built on any Lot shall have any part of the exterior (including front

door and trim) painted or stained without the proposed color thereof having been approved by the Board of Directors. This includes a proposal by any owner to modify the original varnish stain of any front door. Front doors cannot be painted.

4. The Architectural Guidelines Appendix provides detailed guidelines on a variety

of exterior architectural changes and should be consulted prior to making any exterior changes.

5. The Board of Directors of Bethesda Place has appointed an Architectural Control

Committee to carry out the requirements of these Articles.

6. The Appendix of Architectural Guidelines provides further detail and clarification with regard to making exterior changes and is hereby a part of the Rules and Regulations of Bethesda Place Community Council, Inc.

C. Architectural Change Request Procedure

1. The Committee will operate as follows: A homeowner desiring to make an exterior change (including painting) must submit a written request for approval to the Architectural Control Committee at the Association’s current mailing address. An Architectural Change Request application is in the Appendix of Architectural Guidelines, and is also available on the Association’s website or by requesting a copy from management. The request must be accompanied by complete written plans and specifications showing the nature, kind, shape, height, color, materials and location of the change or addition. The Committee shall consider the acceptability of the requested change or addition within the intendment of Articles V and VII of the Covenants; i.e., the request must be for a non-prohibited change or addition that is in harmony of the external design and location in relation to the surrounding structures and topography. The Committee will notify the homeowner of its decision as expeditiously as possible, and no later than 30 days of receipt of a complete request. If the Committee does not approve or disapprove the request within 30 days the request together with complete plans and specifications have been received by it, approval will be deemed to have been granted. The requesting homeowner must be able to show the date of actual receipt by the Committee by means of a receipt for Certified mail or other satisfactory evidence.

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2. In the event that any exterior change (including paint) or addition is made to any property, without prior approval of the Architectural Control Committee, the homeowner shall be liable for restoring the property to its previous state, based upon a determination by the Committee that the provisions of Article V and/or VII of the Covenants for Bethesda Place have been violated.

D. Owner’s Responsibility for Maintenance and Repair and Consequences of Default

1. Article VI of the Covenants of Bethesda Place provides that if there is an obvious need for maintenance or repair to an owner’s lot or dwelling and the need is caused through the willful or negligent act of the Owner, his/her family, guests or invitees, the maintenance or repair must be performed within 30 days after notice is sent by the Board of Directors. Article VI also extends this requirement to the Common Area or any structure thereon if there is an obvious need for maintenance or repair to such Common Area or structure, caused through the willful or negligent act of an owner, his/her family or guests or invitees.

2. As used in Article VI, the term “obvious need for maintenance or repair” refers to

the condition of a dwelling, lot, common area or structure thereon where there is a need for:

(a) painting, refinishing or replacement of any damage or wear and tear, such as rotting, cracking, peeling, discoloration, splitting or warping from weathering or from other causes; or

(b) seeding or mowing of grass, trimming or pruning of trees, shrubs or bushes; or

(c) removal of trash, debris or other matter, and such need(s) is (are) visible from the public road, sidewalk or footpath, or from any common area, or from another lot.

The foregoing list of items of needed maintenance or repair is by way of example and is not all-inclusive.

3. If the Owner fails to comply with the notice sent by the Board, the Board is

authorized to enter the Owner’s Lot (or the Common Area) and perform the maintenance or repair without incurring any liability, and the cost of the maintenance or repair shall be added to and became a part of the assessment to which the owner’s lot is subject. If the assessment is not paid within fifteen (15) days of demand, the owner’s lot is subject to the lien procedures of Article IV.

4. The Board has appointed an Architectural Control Committee to carry out the

requirement of this Article. E. Architectural Control Committee Inspections

1. The Committee will periodically inspect the Community and will determine if there are apparent violations of Article VI. The Committee will refer its findings

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and recommendations to the Board, which will determine if a notice to maintain or repair will be sent to the Owners pursuant to Article VI. Such notice will be sent to the Owner pursuant to Article VI. Such notice will be sent by first class mail or hand delivered to the Owner and will describe the violation, and will state that Article VI requires that it be corrected within 30 days, and that failure to do so will subject the Owner’s Lot to the liability described in Article VI.

2. If the Owner believes that the need for maintenance or repair was not caused

through the willful or negligent act of the owner, his/her family or guests or invitees, he/she must, within the 30-day period referred to above, fully apprise the Board in writing, of the facts and circumstances justifying his/her position. Should the Board determine that the need for maintenance or repair was not caused through the willful or negligent act of the Owner, his/her family, or guests or invitees, the Board will notify him/her in writing, and the 30-day referred to above will be suspended, pending a special determination of the Board of the appropriate action to be taken. Owners should note carefully that failure to correct an obvious need for maintenance or repair caused by actions of the elements or by other natural occurrences, will be considered by the Board to be willful and negligent, as long as it is reasonable to believe that the owner knew or should have known about such need. In any event, once notification of obvious need for maintenance or repair is sent by the Board to the Owner, at his/her last known address, the Board will assume that the Owner, from that time forward, is on notice of the obvious need for maintenance or repair and further failure by the Owner to correct the situation will ordinarily be deemed to be willful or negligent.

3. If the Owner fails to correct the need for maintenance or repair within 30 days

after notice is sent by the Board to him/her at his/her last known address, the Board is authorized under Article VI to enter the Owner’s Lot to cause the maintenance or repair to be performed. The cost thereof will be made a part of the assessment against the Owner’s Lot. Failure by the Owner to pay the assessment within fifteen (15) days of demand will subject the Owner’s Lot to the lien procedures of Article IV.

X. ENFORCEMENT

1. The Architectural Control Committee and the Board of Directors shall be responsible for enforcing these Rules and Regulations through the procedures set forth in this Section.

2. Any homeowner found in violation of any of these Rules and Regulations by the Board of Directors or the Architectural Control Committee shall receive written notice of that violation and request that the homeowner cease and desist from further violation. The notice shall be served either by hand, or first class mail, postage prepaid.

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The notice shall include:

A description of the nature of the violation alleged.

The appropriate action to be taken to correct or abate the alleged violation.

A warning that further violation will result in a hearing before the Board of Directors and possible sanctions.

3. In the event that a homeowner fails to comply with a violation notice received

from the Architectural Control Committee, the Committee may recommend to the Board of Directors that the homeowner be assessed a maximum fine of $100.00 per incident, or $100.00 for each day of a continuing violation, after notice is received, as appropriate, but in any event not more than $2,500.00 per violation notice. Alternatively, the Architectural Control Committee may recommend that the Board of Directors exercise its powers under Article VIII, Section I, or Article VI of the Covenants.

4. Upon receipt of a recommendation from the Architectural Control Committee under paragraph C above, the Board of Directors shall notify the homeowner of the substance of the recommendation by registered or certified mail, return receipt requested, and also inform the homeowner of his right to request in writing, a hearing before the Board to contest the violation, within ten (10) days after the homeowner receives the Board’s notice. If the homeowner requests a hearing in writing within ten (10) days after having received the notice (or at such later time as may be mutually agreed between the homeowner and the President of the Board of Directors), the Board of Directors shall schedule a hearing within 60 days of the homeowner’s request (which may coincide with a regular or special meeting of the Board) at which time the homeowner may contest the violation notice.

5. Following the hearing set forth in paragraph D above, or within 60 days after the

Board has notified the homeowner of an Architectural Control Committee recommendation if no hearing is requested, the Board of Directors may accept, reject, or accept with modifications the recommendation of the Architectural Control Committee, but in no event, may it impose a sanction greater than the maximum sanctions set forth in paragraph C, above.

6. Any fine imposed under this section shall become an assessment on the Lot of the

violating homeowner under Article IV of the Covenants.

7. Upon recommendation by the Architectural Control Committee, and for good cause shown, the Board of Directors may grant exceptions to these requirements for any owner who has made written application therefore.

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