Site hosted by Build your free website today!

Association By-Laws

Name of the Association

Section 1       The name of the organization is the 
referred to as the "Association." The principal address 
of the corporation shall be located at P.O. Box 678, 
Severn, Maryland, 2114, but meetings of members and 
directors may be held at such places within the State 
of Maryland as may be designated by the Board of 

Section 2       The fiscal year of the Association 
shall begin on the first day of July and end on the 
thirtieth day of June of every year, except that the 
first fiscal year shall begin on the date of incorpor-
ation: provided that said dates fixing the fiscal year
may be adjusted, with the appropriate approval of the 
federal taxing authorities, at the discretion of the 
Board of Directors.


Section 1       The objectives of the organization 
shall be to improve and protect by group action the 
general welfare, be it civic, economic or social of the 
community and its members; and to represent the commun-
ity in the consideration and decision of public policy
in municipal, county and state affairs that may in any
way affect this community.

Section 2       The Association shall have the power to
own land and to establish and operate recreational 
facilities and activities which will be available to all
members on a voluntary basis and which will operate 
within the objectives of these articles.

Section 3       The Association shall involve itself in
matters dealing with the improvement of the community,
consisting of streets, playgrounds, fire, police, and
sanitary protection.

Section 4       The Association shall arrange, promote
and participate in social activities of the family type,
with the intention of promoting goodwill and better
understanding in the community.

Section 5       The Association shall  administer the
Parke West Special Community Benefit District in accord-
ance with the Anne Arundel County Code, Article 6,
Section 2-103.


Section 1       "Association" shall mean and refer to
Parke West Homeowners Association, Inc., its successors
and assigns.

Section 2       "Property" shall mean and refer to that 
certain real property more fully described as those 
lands shown on the state Department of Assessments and 
Taxation Map 15, Block 9 as Parcels 431, 1048, 1057; 
Map 15, Block 10 as Parcels 446, 447, 448; and Map 15, 
Block 16 as parcels 52, 171, 302, 336, 351, 365, 389, 
and 1082.

Section 3       "Common Areas" shall mean any real 
property (including the improvements thereto) which may 
hearafter be acquired by the Association for the common 
use and enjoyment of the members of the Association.

Section 4       "lot" shall mean and refer to any plot 
of land shown upon any recorded subdivision plat of the 
property (as defined in Section 2 of this article) upon 
which a dwelling unit could be constructed in accordance 
with applicable zoning ordinances, with the exception of 
the common area and streets dedicated to public use.

Section 5      "Member" shall mean and refer to every
person or entity who holds a membership in the Association.

Section 6       "Owner" shall mean and refer to the 
record owner, whether one or more persons are entities,
of the fee simple title to any lot as described above, 
including contract sellers, but excluding those have 
such interest merely as security for the performance of 
an obligation.

Section 7       "Mortgagee" shall mean and refer to any
person or entity secured by a first mortgage or first 
deed of trust on any lot or the common area who has 
notified the Association of this fact.

Section 8       "Dwelling Unit" shall mean and refer to 
any portion of the property intended for any type of 
independent ownership for use and occupancy as a residence 
by a single household.

Membership and Voting Rights

Section 1       Every person or entity who is a record 
owner of a fee or undivided fee interest in any lot 
which is subject to assessment by the Association, 
including contract sellers, shall be a member of the 
Association. The foregoing is not intended to include 
persons or entities who hold an interest merely as 
security for the performance of an obligation. Member-
ship shall be appurtenant to and may not be separated 
from ownership of any lot which is subject to assessment 
by the Association. Ownership of such lot shall be the 
sole qualification for membership. A Mortgagee in posses-
sion of such lot shall be entitled to exercise the owner's 
rights in the Association which regard thereto. No owner
shall have more than one (1) membership for one (1) lot 
in the Association.

Section 2       All members of the Association, as 
defined in Section 1 of this article, shall be entitled 
to one (1) vote for each lot in which they hold the 
interest required for membership. When more that one (1) 
person holds such interest in any lot, all such persons 
shall be members. The vote for such lot shall be 
exercised as they among themselves determine, but in no 
event shall more than one (1) vote be cast with respect 
to any lot. Matters which require a vote will include, 
but not be limited to:

  (a) election of officers;
  (b) amendments to these by-laws;
  (c) amendments to the Articles of Incorporation;
  (d) amount of the uniform assessment per property tax 
      account or any special assessment;
  (e) purchase, lease or sale of real estate;
  (f) dissolution of the Association;
  (g) any business deemed appropriate by the Board of 
      Directors to be brought before the membership


The Association shall administer the funds collected 
from the Special Community Benefit District. Said 
method of collection shall be a uniform assessment per 
property tax account. Additionally, the Association may,
by unanimous vote of the Board of Directors, from time 
to time, establish a special assessment for each lot 
eligible for membership. However, such special assess-
ment shall be non-mandatory upon the membership.


Section 1       The officers of this Association shall 
be a president, vice-president, secretary, and treasurer, 
who shall at all times be members of the Board of Directors, 
and such other officers as the Board may elect from time 
to time.

Section 2       The election of officers by the Board 
of Directors shall take place at the first meeting of 
the Board of Directors following each annual meeting of 
the members.

Section 3       The officers of the Association shall 
be elected annually by the Board and each shall hold 
office for one year unless he/she shall sooner resign, 
or shall be removed, or otherwise disqualified to serve.

Section 4       The Board may elect such other officers 
as the affairs of the Association may require, each of 
whom shall hold office for such period, have such author-
ity, and perform such duties as the Board may from time 
to time determine.

Section 5       Any officer may be removed from office 
with or without cause by the Board. Any officer may 
resign at any time by giving written notice to the Board, 
through its president or secretary. Such resignation 
shall take effect on the date of receipt of such notice 
or at any time specified therein, and unless otherwise 
specified therein, the acceptance of such resignation 
shall not be necessary to make it effective. 

Section 6       Vacancy in any office may be filled in 
the manner prescribed for regular election. The officer 
elected for such vacancy shall serve for the remainder 
of the term of the officer he/she replaces.

Section 7       The offices of secretary and treasurer 
may be held by the same person. No person shall simul-
taneously hold more than one of the other officers, 
except in the case of special offices created pursuant
to Section 4 of the Article.

Section 8       The duties of the officers are as follows:
 A. President -- The President shall preside at all 
    meetings of the Board of directors, shall see that
    orders and resolutions of the Board are carried out,
    and shall sign all leases, mortgages, deeds and 
    other written instruments, shall appoint all 
    committee chairpersons as needed, and shall perform
    other such duties as are in accordance with this 

 B. Vice President -- The Vice President shall act in 
    the place and stead of the President in the event 
    of his/her absence, inability or refusal to act, 
    and shall exercise and discharge such other duties
    as may be required of him/her by the Board.

 C. Treasurer -- The Treasurer shall receive and deposit
    in appropriate bank accounts all monies of the 
    Association and shall disburse such funds as 
    directed by resolution by the Board of Directors; 
    shall sign all checks and promissory notes of the 
    Association; shall keep said funds in a federally 
    insured bank or  savings and loan; shall keep 
    proper books of account for all money transactions,
    and report same at the regular meetings; shall 
    prepare an annual budget and statement of income 
    and expenditures to be presented to the membership
    at its regular annual meeting and make available a
    copy of each to the members.

 D. Secretary -- The Secretary shall record the votes 
    and keep the minutes of all meetings and proceedings
    of the Board and its members, keep the corporate 
    seal of the Association and affix it to all papers
    requiring said seal, serve notice of meetings of 
    the Board and of the members, keep appropriate 
    current records showing the members of the associ-
    ation, together with their addresses, and shall 
    perform such other duties as required by the Board.

Board of Directors

Section 1       The affairs of the Association shall be 
managed by a Board of Directors who need not be members
of the Association. The minimum number of directors shall 
be five (5) and may be as many as nine (9).

Section 2       At the first annual meeting, the members 
shall elect two (2) directors for a term of three (3) 
years: two (2) directors for a term of two (2) years; 
and one (1) director for a term of one (1) year; and as 
the terms of such directors expire, new directors shall 
be elected for terms of three (3) years. 

Section 3       Any Director may be removed from the 
board, with or without cause, by a majority vote of the
members of the Association. In the event of death, 
resignation, or removal of a director, his/her successor 
shall be selected by the remaining members of the Board, 
and shall serve for the unexpired term of his/her 

Section 4       No Director shall receive compensation 
for any service he/she may render to the Association in 
his/her capacity as a director. However, any director 
may be reimbursed for all his actual reasonable expenses
incurred in the performance of his/her duties as a 

Section 5       The directors shall have a right to take 
any action in the absence of a meeting which they could 
take at a meeting by obtaining a written approval of 
all the directors. Any action so proposed shall have the 
same effect as though taken at a meeting of the directors.

Section 6         Each director of the Association, in 
consideration of their services as such, shall be 
indemnified by the Association to the extent permitted 
by law against expenses and liabilities reasonably 
incurred in connection with the defense of any action,
suit or proceeding, civil or criminal, to which they may 
be a party by reason of past or present role in the 
Association, unless such action was a result of gross 
negligence or willful misconduct. 

Section 7       The Board of Directors shall constitute 
the executive body of the Association and shall exercise
general supervision over the interests and affairs of 
the Association. The Board shall be the final authority 
for the interpretation of these by-laws, in light of any
action taken or contemplated by the Association.


Section 1       Meetings of Members shall be as follows:

 A. The Association shall hold its annual meeting in
October of each year. Other regular meetings of the
membership shall be held at least once in each of the
first three quarters of the year. Meetings shall begin
at 7:30 p.m. and have a 10:30 p.m. time limit. Time,
date and place of said meetings may be changed by a 
special vote of a quorum of the Board of Directors. The
President, or presiding officer, may cancel the meeting,
if circumstances warrant. Special meetings may be called
by the President or the Board of Directors at any time
upon a least three (3) days' written notice.

 B. The presence at the meeting of members or their 
proxies entitled to cast ten percent (10%) of all the 
votes shall constitute a quorum for any action except 
as otherwise provided in the Articles of Incorporation,
or these by-laws. If, however, such a quorum shall not
be present or represented at any meeting, the members
entitled to vote thereat shall have the power to adjourn
the meeting from time to time without notice other than
announcement at the meeting until a quorum is aforesaid
shall be present or be represented. 

 C. At all meetings of members, each member may vote in
person or by proxy, All proxies shall be in writing and
filed with the secretary. Every proxy shall be revok-
able and shall automatically cease upon conveyance by
the member of his/her lot.

Section 2       Board of Directors meetings shall be as 

 A. Regular meeting of the Board of Directors shall be
held at least once per calendar year at such a place 
and hour as may be fixed from time to time by resolution
by the Board. Should said meeting fall upon a legal
holiday, then that meeting shall be held at the same
time on the next day which is not a legal holiday.

 B. Special meetings of the Board of directors shall be
held when called by the President of the Association or
by any two directors after not less than three days 
notice to each director. 

 C. A majority of the number of the directors shall 
constitute a quorum for the transaction of business. 
Every act or decision done or made by a majority of the
directors present at a duly held meeting at which a 
quorum is present shall be regarded as the act of the 


Section 1       The elections of directors shall be 
held at the regularly scheduled annual meeting in 
October, and such elected directors shall take office 
on the first day of November.

Section 2       The President may appoint a Nominating 
Committee at the regular meeting, as appropriate, to 
serve until the close of such an annual meeting. 
Nomination for election to the Board of Directors shall
be made by the nominating committee. Nominations may 
also be made from the floor at the annual meeting. The
nominating committee shall consist of a chairperson, 
who shall be a member of the Board of Directors and two
or more members of the Association. The nominating 
committee shall make as many nominations for election 
to the Board of Directors as it shall in its discretion
determine, but not less than the number of vacancies 
that are to be filled. Such nominations may be made 
from among members and non-members. 

Section 3       Elections to the Board of Directors 
shall be by secret written ballot. At such election the 
members or their proxies may cast, in respect to each 
vacancy, as many votes as they are entitled to exercise
under the provisions of these by-laws. The persons 
receiving the highest number of votes shall be elected.
Cumulative voting is not permitted. Ties will be broken
by a re-vote between the tied nominees.

Powers and Duties of the Board of Directors

Section 1       The Board of Directors shall have the 
power to:

 A. Adopt and publish rules and regulations governing 
the use of the common areas and facilities and the 
personal conduct of the members and their guests 
thereon and to establish penalties for the infractions 
 B. Exercise for the Association all powers, duties and 
authority vested in or delegated to this Association, 
not reserved to the membership by other provisions of 
the these by-laws, or the Articles of Incorporation; 

 C. Declare the office of a member of the Board of 
Directors vacant in the event such member shall be 
absent from three consecutive regular meetings of the 
Board of Directors;

 D. Employ an independent contractor and such other 
employees as they deem necessary, and to prescribe 
their duties. 

Section 2       It shall be the duty of the Board of 
Directors to:

 A. Cause to be kept a complete record of all its acts
and corporate affairs and to present a statement 
thereof to the members at the annual meeting of the 
members, or at any special meeting when such statement
is requested in writing by one-fourth (1/4) of the 
members who are entitled to vote;

 B. Supervise all officers, agents and employees of 
this Association and to see that their duties are 
properly performed;

 C. Procure and maintain adequate liability insurance 
which shall contain a severability of interest clause 
or endorsement and which shall preclude the insurer 
form denying the claim of any owner because of the 
negligent acts of the Association or other owners and 
to procure adequate hazard insurance on property owned 
by the Association; 

 D. Cause all officers or employees having fiscal 
responsibilities to be bonded as it may deem appropriate; 

 E. Cause the common area to be maintained in accordance
with the standards adopted by the board.

Order of Business

The order of business at regularly scheduled quarterly 
meetings of the members shall be:

 1.  Call or Order;
 2.  Reading of minutes of previous meeting;
 3.  Treasurer's report;
 4.  Committee reports;
 5.  Old or unfinished business;
 6.  New business;
 7.  Adjournment.

The Rules contained in Robert's Rules of Order, revised
edition, shall govern the conduct of all meeting not 
covered by these by-laws.


Section 1       The Board of Directors may appoint 
committees as deemed appropriate in carrying out its 
purposes. It shall be the duty of each committee to 
receive complaints from members on any matter involving
Association functions, duties and activities within its
field of responsibility. It shall dispose of such 
complaints as it deems appropriate or refer them to 
such other committee, director, or officer of the 
Association as is further concerned with the matter
presented. Committees shall serve a one (1) year term.
The President shall appoint each chairman as deemed 

Section 2       The following committees shall be estab-
lished, given that sufficient members are available to 

 A. Membership - Shall organize membership social func-
tions,welcome all new residents to the community and 
promote their involvement within the community.

 B. Ways and Means - Shall devise various methods for
financing the social activities of the Association; 
shall organize and promote community activities, both 
social and fundraising; shall inquire into the cost of
adding additional facilities and organize its construction
and management.

 C. County Affairs Committee - Shall be a liaison with 
other civic associations, the county government, and 
with area developers. 

 D. Special Committees -  May be appointed, from time 
to time, to perform any function or task, as may be 
deemed necessary.


These by-laws may be amended, at a regular or special 
meeting of the members, by the holders of two-thirds 
(2/3) of a quorum of the members of the Association 
present in person or by proxy at the meeting at which 
the vote is taken. Proposed amendments to these by-laws
must be submitted in writing to the Board of Directors 
at any regular meeting for presentation to the membership. 
Proposed amendments shall be put in writing and distrib-
uted to the members.


In the case of any conflict between the Articles of
Incorporation and these by-laws, the Articles shall 

The Articles of Incorporation, and the by-laws, books 
and records of the Association shall be available for 
inspection by any member at the principal office of the
Association, where copies may be purchased at reasonable

The Association shall have a seal in circular form having
within its circumference the following words: PARKE WEST 
HOMEOWNERS ASSOCIATION, INC., 1991, a Maryland non-stock