DECATUR FARM HOMEOWNERS ASSOCIATION, INC. POLICY RESOLUTION NO. 17 (Effective 6-4-14) Revocation of Resolution Nos. 2008-12 and 2008-15 Establishing Rules and Regulations Relating to Lease/Rent Registration WHEREAS, The Board of Directors of Decatur Farms Homeowners Association is empowered to govern the affairs of the Homeowners Association pursuant to Article VII, Section 7.1 (c) of the By-Laws; and WHEREAS, the Decatur Farm Homeowners Association, through its Board of Directors is empowered by Article 7, Section 7.1, (a), Powers and Duties, of the By- Laws, to enforce community regulations governing the use of both Common Areas, Properties and Lots contained therein, and; WHEREAS, the Board of Directors believes it is in the best interests of the Association to promulgate rules and regulations implementing the provisions of the Bylaws relating to the leasing/renting of units by unit owners: NOW, THEREFORE, the Board of Directors adopts the following amended regulation and responsibilities for the Association, hereinafter referred to as the "Rules," which shall be binding upon all Lot Owners ( Homeowners ) and their household, their family members, tenants, occupants, successors, heirs, and assigns who currently, or in the future, may possess any sort of property interest in a unit within the Association, and which shall supersede any current regulations of record or previously adopted rules on the same subject matter. Each party s responsibilities are outlined as follows:
Homeowner's Responsibilities 1. The Homeowner shall provide to his or her tenants at the time the Lease/rental agreement is signed with copies of the following documents. (Note: These documents may be found on the Decatur Farm Website at www.decaturfarmhoa.org.) a. The Decatur Farm Homeowners Association, Inc. Declaration of Covenants Conditions, Easements and Restrictions("CC&Rs"); b. The By-Laws of The Decatur Farm Homeowners Association, Inc. ("Bylaws"); c. The various rules and regulations ( Rules and Regulations ) of The Decatur Farm Homeowners Association, Inc. including the community center rules and regulations, the pool, weight room rules and pond rules, the un-kept lawn policy and the Architectural Standards. 2. The Homeowner shall provide the Decatur Farm Homeowners Association, Inc. with a signed Tenant and Homeowner Representation Form (See Exhibit A). 3. The Homeowner shall provide the Decatur Farm Homeowners Association, Inc. with an updated Owner Information Form (See Exhibit B). All information should be updated including the appropriate tenant information and lease information. 4. The Property Owner should note that they remain responsible for all of their tenants actions. Homeowner will be notified of violations. Homeowner is responsible to correct the violation and to pay any related fines. 5. Ensure the lease with your tenant contains the provisions as required per the CC&Rs Section 8.3 (a) Leasing and Transfers, as follows: Section 8.3. Leasing and Transfers. (a) No portion of a dwelling unit, other than an entire dwelling unit, may be leased or rented unless the prior written approval of the Covenant Committee or the Board of Directors is obtained. All leases shall be on forms approved by the Association and shall (i) contain provisions advising the tenant of his or her obligation to comply with all provisions of this Declaration, the Bylaws and the rules and regulations of the Association, and (ii) provide that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration, the Bylaws or rules and regulations of the Association, or of any other document, agreement or instrument governing the dwelling units and/or the Property. The Owner(s) of a leased Lot shall notify the Association in writing of the Owners' current address. The Owner(s) of a leased or rented dwelling unit shall be jointly and severally liable with his tenant(s) to the Association to pay any claim for injury or damage to persons or property caused by any action or omission, including, without limitation, the negligence of the tenant(s). Every lease shall be subordinate to any lien filed by the Association, whether before or after such lease was entered into. The minimum term any dwelling unit may be rented or leased shall be six (6) months, and in no event may a transient tenant be accommodated in any dwelling unit.
6. The Board reserves the right to request a copy of the lease at anytime to ensure that appropriate clauses have been included. 7. Reminder: The Town of Berlin requires that all individuals leasing/renting their untis/homes/rooms register with the Town. More information can be found at http://www.berlinmd.gov/pdf/rental-license-form.pdf. The owner is responsible for obtaining the license. The Decatur Farm HOA is not responsible for this process. Tenant's Responsibilities 1. Tenants and all other occupants of the unit must comply with the CC&Rs, the Bylaws, and the Rules and Regulations. 2. Failure to comply with the CC&Rs, Bylaws, or the Rules and Regulations will be considered default under the Lease. Enforcement 1. If these Rules, or any of the Rules and Regulations of the Condominium are violated, the Association reserves all of its legal remedies, including, but not limited to, the right to compel eviction, pursuant to the provisions of the lease addendum, levy monetary charges and the assessment of special charges and/or the suspension of privileges, subject to the due process procedures set forth in 11-101 of the Maryland HOA Act, the CC&Rs, the Bylaws, and the Rules and Regulations. Date: Frank Siano, President Date: Mitchell Rosinski, Secretary
EXHIBIT A TENANT'S REPRESENTATIONS: By my/our signature(s) below, I/we affirm the following: 1. I/we acknowledge receipt of The Decatur Farm HOA CC&Rs, Bylaws and Rules and Regulations and agree to abide by them. 2. The information provided hereon is true and complete. HOMEOWNER'S REPRESENTATIONS: By my/our signature(s) below, I/we affirm the following: 1. I/we represent that we have provided the tenants with The Decatur Farm HOA CC&Rs, By-Laws and Rules and Regulations. 2. The information provided hereon is true and complete. Unit Owner's Signature: Date: Unit Owner's Signature: Date:
DECATUR FARM HOA OWNER INFORMATION FORM EXHIBIT B IN ORDER TO UPDATE THE REQUIRED DECATUR FARM HOMEOWNERS ASSOCIATION'S RECORDS WITH COMPLETE AND ACCURATE INFORMATION, WE ASK YOU TO PLEASE COMPLETE THE FOLLOWING QUESTIONS AND RETURN THE FORM TO BAKER & ASSOCIATES, LLC AT THE ADDRESS INDICATED BELOW. YOU MAY ALSO COMPLETE/SUBMIT THE FORM VIA THE DECATUR FARM WEBSITE AT www.decaturfarmhoa.org. NAME ADDRESS OF PROPERTY: MAILING ADDRESS: HOME PHONE: WORK PHONE 1: WORK PHONE 2: CELL PHONE 1: CELL PHONE 2: E-MAIL: ARE YOU CURRENTLY SERVING IN THE MILITARY? INFORMATION REQUIRED IF YOU RENT: DO YOU RENT YOUR UNIT OUT? Y OR N: RENTAL COMPANY NAME AND PHONE #: AGENT NAME: TENANTS ARE: YEAR ROUND SEASONAL TENANT NAME: TENANT PHONE: TENANT EMAIL: CURRENT TERM OF LEASE BEGIN DATE: END DATE OTHER INFORMATION: PLEASE RETURN FORM TO: Decatur Farm HOA P.O. Box 5429 Ocean City, MD 21843 Phone - 410-723-9495 Fax 410-390-9495 Email: BakerAssoc@BakerOCMD.com