Question 1

Does Colonial Gardens have a Homeowners Association (HOA) ?

Accepted Answer

No.  Colonial Gardens has a Home Improvement Association (HIA).

The difference being with an HIA:

*  Participation is optional, focusing on bringing neighbors together.

*  Organizes community events.

*  Typically does not own or maintain common property.

*  Purpose is to foster community spirit, gather residents for discussions, and act as a liaison with county and state government.

Question 2

Does Colonial Gardens have by-laws?

Accepted Answer

Yes.

BY-LAWS OF THE 
COLONIAL GARDENS IMPROVEMENT ASSOCIATION INC.

Article I:  General
Section 1:     This association shall be known as COLONIAL GARDENS IMPROVEMENT ASSOCIATION INC.
Section 2:     The object of this Association shall be to operate a community organization for the community improvement, as follows:
·        For the protection and improvement of living conditions in the community known as Colonial Gardens and for the betterment and advancement of the members of the Association, particularly those persons within the community.
·        To hold and maintain social and/or fund-raising activities for the purpose of promoting better fellowship and neighborly association among its members and other residents of the community.
·        To appear before and all government bodies and agencies for the purpose of promoting the general welfare of the community.

Article II:  Membership
Section 1:     Any resident of the community known as Colonial Gardens, of legal age, shall be eligible for membership in this Association. However, membership is extended to residents of the opposite sides of the streets as defined in Section 2.
Section 2:     The term “Colonial Gardens” is defined to mean that area lying within the boundaries of Rolling Road, Edmondson Avenue, and Old Frederick Road.
Section 3:     A member shall be considered in good standing, with voting rights, whose dues have been paid when assessed.

Article III:  Finances
Section 1:     The dues of the association shall be $10.00 per annum for each household when assessed by the Board of Governors.
Section 2:     Upon the dissolution of the corporation, all assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code.  The recipient(s) shall be determined by the then acting Board of Governors.
Section 3:     The Treasurer, with the approval of the President, shall select a federally insured institution(s) as depository for the funds of the Association.  A petty cash fund not exceeding $50.00 may be maintained by the Treasurer for incidental expenses.

Article IV:  Officers
Section 1:     The elected officers shall consist of a President, Vice President, Treasurer, and Secretary.
Section 2:     These officers, together with nine members selected by the officers shall constitute a Board of Governors. The officers shall, to the greatest practical extent, choose members to represent the different areas in the Association; however, members who have been officers or active committee members shall be given preference.  Only members, who have state a willingness to attend meetings, when possible, shall be selected.
Section 3:     It shall be the duty of the President to preside at all meetings and act as ex-officio member of all committees.  The President shall appear before governmental bodies and agencies for the purpose of promoting the general welfare of the Association, or may appoint another member to represent the Association, or with the approval of the Board of Governors, may hire legal representation.
Section 4:     It shall be the duty of the Vice-President to preside in the President’s absence.  In the absence of both the President and Vice-President, the secretary shall preside.  The Vice-President shall ensure all necessary filings for the Association to continue with the state and Baltimore County are completed yearly.
Section 5:     It shall be the primary duty of the Treasurer to receive all monies, render receipt for same and pay all vouchers and bills. Whenever necessary, the President shall act in this capacity.
·        The treasurer shall submit a current financial report at each regular, Board, and Annual meeting.
·        At the discretion of the Board of Governors, the Treasurer shall give bond at the Association’s expense.
Section 6:     It shall be the duty of the Secretary to keep record of the proceedings at all meetings, and an accurate roll of membership present at each meeting.  The Secretary shall attend to all correspondence of the Association and advise the membership in writing of all general and special meetings.
Section 7:     The Board of Governors shall have full power to transact all business of the Association.

Article V:  Elections
Section 1:     The officers shall be nominated, elected, and installed at a General Meeting of the Association, to be held in November of each year.
Section 2:     The Board of Governors shall be selected by the officers within 30 days after installation.
Section 3:     The officers shall be elected to serve for one year or until their successors take office.  Members of the Board of Governors selected by the officers shall serve for the current year, and interim period, until a new Board of Governors is elected.
Section 4:     In the event of any office becoming vacant for any reason whatsoever, the vacancy shall be filled by the Board of Governors.  The member so elected shall serve until the next annual election of officers.

Article VI:  Meetings
Section 1:     The annual meeting of the Association shall be held on a day in the month of November.  Notice of such meeting shall be delivered or mailed to all members at least ten days prior to the date of the meeting.
Section 2:     General meetings of the Association shall be held at the call of the President.  Special meetings shall be held whenever requested, in writing, by at least three members of the Board of Governors or by a petition signed by at least fifteen members.  The purpose of an annual, general, or special meeting shall be stated in the notice of the meeting.
Section 3:     Meetings of the Board of Governors shall be held at the discretion of the President.  Upon written request by three or more Board members, a meeting shall be called by the President within 10 days of such request.
Section 4:     The attendance of fifteen members shall be necessary to constitute a quorum at any annual, general, or special meeting of the Association.
Section 5:     All voting must be done in person.
Section 6:     A majority shall constitute a quorum at the meetings of the Board of Governors.

Article VII:  Order of Business
1.      Roll call
2.      Minutes of the preceding meeting read and acted upon
3.      Report of Officers, including Treasurer’s report
4.      Report of committees
5.      Election of new members
6.      Deferred business
7.      New issues
8.      Nomination and election of officers (Annual Meeting only)
9.      For the good of the Association

Article VIII:  Amendments
Section 1:     Proposed amendments to these By-Laws must be submitted in writing to the Board of Governors, at least thirty days prior to the date of General or Annual Meetings.  All members must be notified in writing of the proposed amendments prior to the General or Annual Meeting following their submission to the Board of Governors.
Section 2:     These By-Laws shall not be amended, modified, or repealed, except by two-thirds vote of the members present, at the General or Annual meeting of the Association.

Article IX:  Seal
The seal of the Association shall circulate in form, with the words, 
“Colonial Gardens Improvement Association, Inc., 1954, Maryland”
 thereon; an impression of which is attached hereto.

Question 3

Does Colonial Gardens have restrictions?

Accepted Answer

RESTRICTIONS
Set forth in a deed and agreement by and between Colonial Gardens, Inc., the Bedford Holding Company, and Baltimore Federal Savings and Loan Association, dated September 15, 1951, and recorded among the land records of Baltimore County, in Liber G.L.B. No. 2027, folio131.
1.      The land shown on said Plat shall be used for residential purposed only, and no structure of any kind whatsoever shall be erected or maintained thereon except dwelling for not more than two families, not exceeding two and one-half stories in height, and a one or two car private garage.  No provisions contained herein shall operate to exclude or prevent physicians or dentists from practicing their professions on said property.
2.      The term “building plot” as herein used means all that land improved for residential purposed only by dwelling, and if desired, a one or two car garage. For ease of reference and description, various lots have been indicated on the Plat of said property; a building plot maybe different size and dimension from such lots.
3.      The ground floor of any one-story dwelling shall not be less than 750 feet; nor shall the ground floor of any two-story dwelling by less than 450 feet.
4.      Nor residential structure shall be erected or placed on any building plot, which plot has an area less than 1600 square feet or a width of less than 16 feet at the front of the building set back line.
5.      No building shall be located on any building lot nearer than 25 feet to the front lot line, at the division line between lots, as shown on said Plat, except steps, porches, and/or bow windows.
6.      No fence of any description may be erected in any front yard.  Open wood, vinyl, or metal fences not to exceed 4 feet in height are permissible in the rear and side yards.
7.      No trailer, tent, shack, garage, barn, or other out building erected or maintained on any building plot shall at any time be used as a residence temporarily or permanently, nor shall any structure of temporary character be used as a residence.
8.      No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
9.      No building shall be erected, placed, or altered on any building plot in this subdivision until the building plans, specifications, and plot plan showing the location of such building, have been approved in writing as to conformity and harmony of external design with existing structure in the subdivision and as to location of the building with respect to topography and finished ground elevation by Colonial Gardens, Inc.
10.   The covenants are to run with the land and shall be binding on all parties and all persons claiming under them until September 1976, at which time said covenants shall be automatically extended for successive periods of ten years, unless by vote of a majority of the then owners of the lots it is agreed to change the said covenants in whole or in part.
11.   If the parties hereto, or any of them, or their successors or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property situated in this tract to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either prevent him or them from so doing or to recover damages of other dues for such violation.
12.   Invalidation of any of these covenants by judgement or Court Order shall in no way affect any of the other provisions which shall remain in full effect.

Frequently asked questions

Does Colonial Gardens have a Homeowners Association (HOA) ?

Does Colonial Gardens have by-laws?

Does Colonial Gardens have restrictions?

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