Common Area

Definition

Common Areas shall mean and refer to those areas of land, intended to be devoted to the common use and enjoyment of the Record Owners of the Lots, including, but not limited to, real property or other facilities which the Association owns and/or in which the Association acquires a right of use for the benefit of the Association and its Members including, without limitation, all those areas depicted on the Plat (defined below) as, “OPEN SPACE LOT 13”* and “OPEN SPACE LOT 14”*, as well as any private storm drains, private Storm Water Management Facilities (as defined herein), private drainage and utility easements, landscaping and entrance monuments serving the Community, common walkways serving the Community, and any fencing or retaining walls serving the Community, saving and excepting, however, so much of the Land previously conveyed or to be conveyed to the County.

See Declaration of Covenants: Section 1.3

*See Plat / Plot

Owned by Mill River HOA

The Association has title to the Common Areas (which are to owned by the Association) free and clear of all encumbrances, except this Declaration and all other matters of record. The Covenants are hereby imposed upon the Common Areas for the benefit of the Declarant, the Association and the Record Owners, and their respective personal representatives, successors and assigns, to the end and intent that the Association shall have and hold the said Common Areas subject to the reservations set forth in Article V* hereof, and to the Covenants herein set forth.

See Declaration of Covenants: Section 6.1

*See Declaration of Covenants: Section V

Member's Right of Enjoyment

Every Member of the Association shall have a non-exclusive right and easement for the use, benefit and enjoyment, in common with others, in and to the Common Areas and such non-exclusive right and easement shall be appurtenant to and shall pass with the title to every Lot, subject to the restrictions herein set forth. If ingress or egress to any dwelling is through the Common Areas, any conveyance or encumbrance of such area is subject to such Owner’s easement. Except as otherwise permitted by the provisions of this Declaration, the Common Areas shall be retained in its natural state, and no Structure or improvement of any kind shall be erected, placed or maintained thereon. Structures or improvements designed exclusively for community use, shelters, benches, chairs or other seating facilities, fences and walls, walkways, playground equipment, game facilities, drainage and utility structures, grading and planting, may be erected, placed and maintained thereon for the use, comfort and enjoyment of the Members of the Association, or the establishment, retention or preservation of the natural growth or topography of the area, or for aesthetic reasons. No portion of the Common Areas may be used by any Record Owner or Owners for personal vegetable gardens, storage facilities or other private uses.

See Declaration of Covenants: Section 6.2

Delegation of Right of Use

Any Member of the Association may delegate its rights to the use and enjoyment of the Common Areas to family members who reside permanently with such Member and to its tenants, contract-purchasers, invitees and guests, all subject to such reasonable rules and regulations which the Association may adopt and uniformly apply and enforce.

See Declaration of Covenants: Section 6.6

Not for Public Use

Nothing herein contained shall be construed as a dedication to public use or as an acceptance for maintenance of any Common Areas by any public or municipal agency, authority or utility and no public or municipal agency, authority or utility shall have any responsibility or liability for the maintenance or operation of any of the Common Areas.

See Declaration of Covenants: Section 6.6

Rules, Regulations & Restrictions

Each Record Owner shall fully and faithfully comply with the rules, regulations and restrictions applicable to use of the Common Areas, as such rules, regulations and restrictions are from time to time adopted by the Association for the safety, care, maintenance, good order and cleanliness of the Common Areas. Further, each Record Owner shall comply with the Covenants imposed by this Declaration on the use and enjoyment of the Common Areas.

See Declaration of Covenants: Section 6.7

Common Area Rules & Regulations

The Board of Directors shall have the power to adopt and publish rules and regulations governing the use of the Common Areas, including any improvements and amenities located thereon, and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof.

See By-Laws ARTICLE VI - Section 1(a)

Nuisance

No noxious or offensive activity shall be carried on upon the Common Areas nor shall anything be done thereon which will become an annoyance or nuisance to the Community.

See Declaration of Covenants: Section 6.3

Restrictions

The right of each Member of the Association to use the Common Areas shall be subject to the following:

(a) any rule or regulation now or hereafter set forth in this Declaration and, further, shall be subject to any rule or regulation now or hereafter adopted by the Association for the safety, care, maintenance, good order and cleanliness of the Common Areas;

(b) the right of the Association, in accordance with its Articles of Incorporation and By-Laws, to borrow money for the purpose of improving the Common Areas in a manner designed to promote the enjoyment and welfare of the Members, and in aid thereof to mortgage any of the Common Areas;

(c) the right of the Association to take such steps as is reasonably necessary to protect the property of the Association against mortgage default and foreclosure;

(d) the right of the Association to suspend the voting rights and the rights to use of the Common Areas after notice and a hearing for any period not to exceed sixty (60) days for any infraction of any of the published rules and regulations of the Association or of this Declaration;

(e) the right of the Association to dedicate or transfer all or any part of the Common Areas to any public or municipal agency, authority or utility for purposes consistent with the purpose of this Declaration and subject to such conditions as may be agreed to by the Members; and further subject to the written consent of the County; provided, however, that no dedication, transfer, mortgage or determination as to the purposes or as to the conditions thereof, shall be effective unless two-thirds (2/3) of the Class A Members of the Association consent to such dedication, transfer, purpose and conditions; and

(f) the right of the Association, acting by and through its Board of Directors, to grant licenses, rights-of-way and easements for access or for the construction, reconstruction, maintenance and repair of any utility lines or appurtenances, whether public or private, to any municipal agency, public utility, the Declarant or any other person; provided, however, that no such license, right-of-way or easement shall be unreasonably and permanently inconsistent with the rights of the Members to the use and enjoyment of the Common Areas.

(g) All of the foregoing shall inure to the benefit of and be enforceable by the Association and the Declarant, or either of them, their respective successors and assigns, against any Member of the Association, or any other person, violating or attempting to violate any of the same, either by action at law for damages or suit in equity to enjoin a breach or violation, or enforce performance of any term, condition, provision, rule or regulation. Further, the Association and the Declarant shall each have the right to abate summarily and remove any such breach or violation by any Member at the cost and expense of such Member.

Pets

Owners shall be responsible for the immediate clean-up and removal of their pets’ waste from any other Lot and the Common Areas.

See Declaration of Covenants: Section 2.15

Vehicles

No all terrain vehicles, off-road motorcycles, “mini-bikes” or other types of off-road motor vehicles of any kind shall be permitted to operate within the subdivision, including the Common Areas, unless otherwise specifically permitted by applicable law.

See Declaration of Covenants: Section 2.16(g)

No Dumping

No dumping is allowed on the Common Areas to include lawn waste and leaves. The BOD will notify the Member of an infraction with 14 days to remove the materials. The penalty for infraction as the cost of removing the materials.

See MRHOA Resolution 2022-15

Fire Pits

Manufactured fire pits equipped with spark arrestors and used under the supervision of an adult Member of the HOA are permitted IAW current Howard County rules and guidance. Waste and ash from fire pit must be disposed on in the residents’ trash and NOT dumped on the Common Area or adjoining HoCo Wetlands.

See MRHOA Resolution 2022-19

Community Bioretention Pond

The bioretention pond located on the community proerty is the shared responsibility between the HOA and Howard County. Howard county sends a notice of upcoming inspection and later results with any required resolutions. The HOA board takes care of this on behalf of the community.

We were fortunate to negotiate a specialmaintenance agreement for our communities Bioretention Facility. To keep it working well and to avoid costs we should (a) not walk or play in the main part of the bioretention pond as it compresses the materials, (b) not cut it down with our lawn service (for the same reason), (c) not dump lawn debris or leaves into the facility as it clogs up the mulch and (d) not dump trash or chemicals into the street storm drains as these go directly into our Bioretention Facility.

Maintenance

The Association shall improve, develop, supervise, manage, operate, examine, insure, inspect, care for, repair, replace, restore and maintain the Common Areas in safe condition, together with any items of personal property placed or installed thereon and any area dedicated to a public or governmental entity if such entity fails to properly maintain such area, as from time to time improved, all at its own cost and expense, and shall levy against each Member of the Association a proportionate share of the aggregate cost and expense required for the care, maintenance and improvement of the foregoing described areas, which proportionate share shall be determined based on the ratio which the number of Lots owned by the Member bears to the total number of Lots then laid out or established on the Property. The foregoing obligations of the Association shall also include performing, at its own expense, any maintenance of any entrance monuments for the Community, including any such signs located within a public right-of-way or on a Lot (provided, however, the maintenance shall be limited to the signage and landscaping surrounding the signage only).

Since the Storm Water Management Facilities, regardless of whether located on a Lot, are a benefit to the entire Community, the Association shall be obligated to examine, inspect, care for, repair, replace, restore and maintain the Storm Water Management Facilities, on the Common Areas (but excluding Storm Water Management Facilities to the extent such are obligated to be maintained by a governmental body or agency), and such costs shall be Association costs to be paid for as part of the Annual Assessments of all Owners. Storm Water Management Facilities located on a Lot are the sole responsibility of the Member. In the event that a governmental agency fails in its duties to examine, inspect, care for, repair, replace, restore and/or maintain any Storm Water Management Facilities for which it is obligated, the association has the right, but not the obligation to do so at the expense of all owners. Declarant builder, the association and their respective agents and contractors shall have easement rights on, over, under and through the property for any and all purposes, on the lots or otherwise on any other part of the property, pertaining to the Storm Water Management Facilities and/or to fulfill the duties hereunder at the expense of the responsible party hereunder.

See Declaration of Covenants: Section 6.4

See MRHOA Resolution 2019-01

Community Projects

We are grateful to our members who have dedidated their time and resources for the beautification and benefit of our community. Here we seek to capture a rough equivalent of the good will in what it either would have cost and/or saved the HOA. If you're interested in doing a community project, please let the BOD know. THANK YOU everyone for your good works!

See Community Projects