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© J. S. Rabinow, 2003

  Useful Information
A Digest of Bylaws and Rules

BYLAWS

  1. Legal Foundation
    1. Maryland Condominium Act
    2. Articles of Incorporation
    3. Declaration (Master Deed)
    4. Laws
    5. Rules
  2. The Units and the Common Elements
    1. Condominium Unit
    2. Common Elements
    3. Limited Common Elements
    4. General Common Elements
  3. The Bylaws and Rules
    1. Occupancy and Age Limits
    2. Leases and Leasing
    3. Maintenance By Unit Owners
    4. Alterations Within in the Mutual
    5. Plantings
    6. Planters, Flower Pots, Other Decorations
    7. Storage
    8. Motor Vehicle and Parking
    9. Pets
    10. Other Restricted Activities
    11. Garage and Estate Sales
  4. A Note on Community Rules

Revised April 2, 1992
 

I. LEGAL FOUNDATION

The formal name of our condominium is the Council of Unit Owners of Mutual 14, Condominium of Rossmoor, Inc. We generally refer to it as Mutual 14. The principal laws and legal documents that govern our operations are as follows:

  1. As a condominium, we are subject to the Maryland Condominium Act. The provisions of that act take precedence over all the other condominium documents discussed below. The act may be found in the public library and in the Leisure World library.

  2. We were created as a corporate body under a charter—the Articles of Incorporation—approved by the Maryland authorities on November 10, 1976. The charter authorizes our operation as a non profit legal entity without capital stock, of limited liability, and of perpetual life. The other important features of the charter are restated in the Declaration.

  3. The Declaration (Master Deed) of the Mutual is especially important. Among other things, it defines the condominium units, the general common elements, the limited common elements, and the scope of the Mutual. The Declaration, with its three exhibits, was drawn up by Rossmoor Construction Corporation (RCS) and filed with the County on November 5, 1976. An authentic copy of those documents may be identified by “Liber 4866” stamped by the County records office at the top of each page, followed by a folio number.

  4. The laws establish the organization, operating principles, powers, and responsibilities within the Mutual. They also define standards and restrictions that apply to residents, discussed later in this pamphlet. The original Bylaws were filed by RCC as an exhibit attached to the Declaration.

  5. The Rules of the Mutual supplement (do not replace) the Bylaws. They were adopted in December 1981 by the Board of Directors, following a study of the comments of residents, in accordance with the Bylaws and the Maryland Condominium Act. The 1981 amendments of the Bylaws establish procedures in Article IX, Section 3, paragraph (o) for the adoption, amendment, and repeal of Mutual Rules, and in Article IX, Section 3A, paragraphs (a) through (e), for the enforcement of the Rules, including the imposition of penalties for violations. Section 12.01 through 14.01 of the Rules provide for remedial action by the Board, the treatment of assessments and penalties, and the making of exceptions to the Rules.

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II. THE UNITS AND THE COMMON ELEMENTS

To understand the rights and responsibilities of unit owners, on the one hand, and of the Mutual corporation, on the other, we need to be clear about what is meant by condominium units and by the common elements, limited and general. Those terms are defined in Articles III and IV of the Mutual’s Declaration in the technical language of lawyers and architects. We can simplify those terms a bit:

  1. Condominium unit (which we usually just call the unit) is the interior of a residence. Its side boundaries are at the outer surfaces of the drywall, and its lower boundary is at the top surface of the unfinished concrete slab. Its upper boundary depends on the nature of the structure. In a single story building (plaza), for example, the unit includes the attic, the roof trusses, and the lower surface of the plywood roof sheathing.

    The unit includes the paint, drywalls, floor materials and coverings, fireplaces (including fireplaces that extend outside the outer walls), doors, windows (including bay windows), and non bearing walls. It also includes equipment located either within the unit or outside any unit but designed to serve only a particular unit—for example, heating equipment, air conditioning equipment, compressors, appliances, range hoods, fixtures, cabinets, and electrical receptacles and outlets as well as ducts, pipes, hoses, tubing and similar items installed to serve a particular unit.

    The Declaration includes as part of a condominium unit (1) a garage or carport of a residence even if not attached to it, and (ii) an enclosed patio area that is part of the original construction.

  2. The common elements cover all of the condominium except the condominium units. We have two kinds of common elements: the general common elements and the limited common elements. The words “common elements” standing by themselves refer to both kinds.

  3. The limited common elements may be broadly described as portions of the common elements reserved for one or more, but less than all, of the unit owners as well as their guests. The limited common elements are confined by law to those parts of the Mutual marked as “limited common elements” on the condominium plat. The plat shows the following parts of the Mutual to be “limited common elements”:

    In apartments: the first floor terraces and the second floor and third floor balconies. (The carports are described in Article III of the Declaration as part of the units.)

    In the plaza homes: the patio areas, the Florida room areas, and the slabs immediately outside front doors. Unit owners should note that “limited common elements” are included in the term “common elements.” So all Rules and requirements that apply to the “common elements” apply to “limited common elements” unless an exception is made in the text.

  4. The general common elements are the portions of the Mutual that remain after the limited common elements and the condominium units are excluded. The general common elements include, for example, roofs, exterior walls, lawns, streets, sidewalks. As indicated in the Maryland Condominium Act, they may be used only for the purposes for which they were intended and in accordance with any limitations contained in the Bylaws or in the Rules of the Mutual.

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III. THE BYLAWS AND THE RULES

With that background, we can now bring together in condensed form the requirements included in the Bylaws and Rules of the Mutual. Though those two documents have different origins and different methods of enforcement, their substance is interrelated, and both of them are binding in the management of the Mutual.

Each statement in the following summary will carry a reference to its source in the Bylaws or Rules. Provisions of the Mutual’s Bylaws are identified by article, section, and paragraph. For example, “Art. IX:3:n” refers to paragraph (n) of Section 3 of Article IX of the Bylaws. Provisions of the Mutual’s Rules are identified by section number and paragraph. For example, “Sec. 10.01:b” refers to paragraph (b) of section 10.01 of the new Rules of the Mutual.

  1. Occupancy and Age Limits
    Permanent residence in the Mutual is limited to persons at least 50 years of age. At least one of the persons who reside in any unit in this Mutual must be 55 years of age or older. A person from 18 up to 50 may reside in the Mutual up to 90 days in a year: a person younger than 18 is limited to 30 days a year (Art. IX:1 and Sec. 2.0l:a).

    Without the prior approval of the Board, only two persons may permanently reside in a one bedroom unit, only three in a two bedroom unit (Art. IX: 1), and only four in a three bedroom unit (Sec. 2.01:b).

  2. Leases and Leasing
    A whole unit, but not a part, may be leased, but not for less than three months unless the Board agrees otherwise. A lease must require a tenant to comply with all Mutual Rules and requirements (Art. IX:2).

    Promptly after a lease is signed, the unit owner must send the Board (1) a copy of the lease (Art. IX:2), and (2) a certification concerning his knowledge of the tenants (Sec. 3.0l:a).

    A unit owner can be held liable for the acts (misbehavior or damages) of his tenants, and both the unit owner and the tenants can be held liable for the acts of guests (Sec. 2.01:c). The Board may impose penalties for violation of any of the Mutual requirements that pertain to leasing (Sec. 2.0l:c).

    *NEW* (Dec.2008)
    All Mutual 14 unit owners who intend to lease their property must follow this Procedure for Renting a Unit:
    • 1. Obtain a License from Montgomery County Dept. of Housing and Community Affairs Licensing/registration Unit at 240-777-3799
    • 2. Read Mutual 14 Bylaws and Rules carefully and follow them.
    • 3. Contact Mutual 14’s Mutual Assistant (301-598-1338) for procedure details
    • 4. A signed lease must be registered with the Leisure World Registrar.
    • 5. A copy of Mutual 14 Bylaws and Rules must be given to the renter
    • 6. The renters should be informed that they will need HO-4 insurance
    • 7. No renter may move into the community until the Mutual Board of Directors accepts the lease.
    • 8. The Mutual will inform the Gatehouse to admit a moving van into Mutual 14 for a specific unit.


  3. Maintenance by Unit Owners
    A unit owner is responsible for maintaining in good condition, at his own expense, the interior of his condominium unit and its equipment appliances, and other appurtenances (Art. XIV:4). If a unit is allowed to run down to the point where it endangers the welfare of the Mutual, the Board may step in and make necessary repairs and assess their cost to the unit owner (Art. XIV:l:g).

    Though the Mutual ordinarily takes care of the common elements, there are a few things the unit owner must do about their maintenance. He or she is responsible for
    • Keeping the limited common elements assigned to his unit in a clean, orderly, and sanitary condition (Art. XIV:4):
    • Maintaining the windows and doors of the unit, except the nonglass exterior surface of entry doors (Art. XIV:5):
    • Keeping the unit’s beds for planting neat and orderly
    • Maintaining the alterations of the unit to the extent required as a condition of their approval by the Mutual. Alterations then become the responsibility of the owner and any future owner.

  4. Alterations Within the Mutual
    The unit owner may not, without the prior written approval of the Board, make any of the following changes within the Mutual (for the full meaning of “changes”, see Art. X:1):
    • Any alteration in the general or limited common elements whatsoever, including changes in appearance (color) or structure of buildings or the addition or removal of trees and shrubs. (Foundation plantings are a separate matter, discussed later.)
    • Any alteration in the exterior of a condominium unit, or any change within a unit that would affect the unit’s structural integrity, the property or welfare of any other owner, or the cost of maintaining or insuring the Mutual.

    Forms for requests for approval of “changes,” as defined in the Bylaws, may be obtained from the Receptionist in the Administration Building or from the Physical Properties Department. When the necessary signatures have been obtained, proposed changes in landscaping should be forwarded to the Mutual 14 Landscape Committee, and proposed changes in buildings should be forwarded to the Property Maintenance Committee, for review and recommendation to the Board of Directors. The Rules contain certain specifications for the construction of balcony enclosures (Sec. 6.01:a) and for exterior painting (Sec. 6.01:b) that are now standard for the Mutual.

  5. Plantings
    The Board has established detailed Rules on what plantings are permitted and are not permitted on the common elements (Sec. 5.01).

    Plantings, such as trees and shrubs, that are not foundation plantings (explained below) are permitted only with Board or Landscape Committee approval. Approved non foundation plantings become the property of the Mutual and, unless the Board specified otherwise, will be maintained by the Mutual.

    Foundation plantings are permitted without further approval if they meet the standards of the Mutual (Sec. 5.01:b-g). The standards cover the dimensions of foundation plantings, their separation from other areas, distance from walls, construction of trellises, vegetable plantings, and so on. Note that ivy or other climbing plants that adhere to bricks and mortar are prohibited (Sec. 5.01:e); they can damage the masonry.

  6. Planters. Flower Pots, Other Decorations
    The following restrictions have been adopted by Mutual 14 (and elsewhere in the community), in the interest of safety:

    “No flower pot, planter, ornament, or other subject may be hung from the ceiling of a patio, terrace, or balcony or on the outside of a railing of a balcony without the written approval of the Landscape Committee and the Board. Such approval shall be given only if the Committee, upon inspection, is satisfied that the object is securely fastened and does not constitute a hazard to any person who may be beneath it.”

    The Rules prohibit the placement of bird baths or other ornaments on the common elements without the approval of the Board or a responsible Mutual committee (Sec. 4.01:d). (For bird feeders, see “Other Restricted Activities” below.) Residents may expect that such approval will be promptly given if the ornaments present no hazard and reasonably fit in with the surroundings. Note, however, that artificial shrubs and flowers may not be placed on the exterior common elements, though they may be used in apartment house lobbies so long as there is no substantial objection by residents (Sec. 5.01:g).

    Other lobby decorations, including furniture and pictures provided by individual residents or groups, will not be restricted by the Board in the absence of objections by residents.

  7. Storage
    Obstruction of or storage on the common elements (whether limited or general) is prohibited (Art. IX:3:b,l), except as follows (Sec. 7.01)
    • Hoses and hose storage racks and reels may be stored unobtrusively, close to the building walls:
    • Bicycles and tricycles may be stored in carports.
    • Articles may be stored on the limited common elements of a unit if they are not normally visible from outside the unit.
    • Rooms in second and third floors of the apartment buildings are kept locked and “off limits” for fire safety reasons. Use of second floor rooms only may be permitted by the Board, upon application, for limited kinds of storage under certain restrictions of the Fire Marshal (Sec. 4.01:c).

  8. Motor Vehicles and Parking
    The Bylaws (Art. XV) provide general authority to the Board to regulate parking and assign parking spaces. But since each unit owner has a garage or a carport and since the Mutual has a reasonable amount of room to accommodate second cars and visitors, parking spaces have not been assigned in open areas.

    Residents should note that Traffic Rules (including speed limits, “stop” signs, and yellow “no parking” stripes on curbs) may be enforced in the Mutual not only by community security officers but also by Montgomery County police.

    The Bylaws prohibit parking a junk vehicle, trailer, boat, truck, camp truck, etc., on the general common elements (open parking areas). They also prohibit repair or extraordinary maintenance of automobiles on any part of the Mutual (Art. IX:3:g).

    The following additional rules apply in the Mutual (Sec. 8.01):
    • No vehicle may be parked in a manner that interferes with the entrance to a carport or to a building, or with the exit of a legally parked vehicle.
    • Vehicles properly classified as “recreational” (RV’s) may not be parked in the open Mutual parking areas. With the approval of the Security Department, recreational vehicles belonging to a guest of a resident may be temporarily parked in the Administration Parking Lot.
    • Golf carts may be parked in garages or carports or, for short periods in unusual circumstances, in paved parking areas, but not elsewhere in the Mutual.
    • The batteries of a golf cart or other vehicle may be charged in the Mutual only through a charging mechanism connected to a line properly installed for that purpose.

  9. Pets
    Unit owner may keep a dog, cat, or caged bird as a pet, but may not maintain or breed pets or other animals in the Mutual for commercial purposes. A pet may be permitted on general common elements only if it is carried or on a leash and is in the care of an adult. All pets should be registered with the Board (Art IX:3:e).

    The Mutual considers the regulations of Montgomery County concerning pet control as part of the rules of the Mutual. (Copies of the County rules are available from the Board’s recording secretary in the Administration Building.) Residents should note, in particular, that County regulations prohibit “the depositing of excretory matter on private property,” which includes the common elements of the Mutual. If a pet violates that prohibition, the person responsible for the pet shall promptly remove and properly dispose of the droppings (Sec. 9.01).

    For areas within the community but outside the Mutual that are open to pets, see Leisure World Living.

  10. Other Restricted Activities
    In order to protect the property, convenience, safety, and privacy of residents and the property and interests of the Mutual, the following activities and conditions are prohibited within the Mutual:
    • Structural alteration or other construction activity, except strictly in accordance with the Bylaws (Art. IX: 3:d), as explained earlier (see “Alterations Within the Mutual”).
    • Using lawn areas as walkways in or through the Mutual (Sec. 4.01:b).
    • Maintaining bird feeders or distributing food for birds or other wildlife, even on patios, balconies, or other limited common elements (Sec. 4.01:d).
    • Door to door solicitation in the Mutual, unless approved by the Board in writing (Sec. 10.01:a).
    • Placing in the apartment lobbies or elsewhere in the Mutual commercial notices, circulars, or other advertising materials, except by the Postal Service (Sec. 10.01:b), or using any part of the common elements for commercial activity (Art. IX:3:h). (Garage and estate sales are covered later in this pamphlet.)
    • Posting notices on bulletin boards or other parts of apartment buildings, except with the approval of a member of a responsible Mutual committee (including a Building Representative on the Advisory Committee) or the approval of the Board (Sec. 10.01:c); or posting signs in any other part of the Mutual except with Board approval (Art. IX:3:f).
    • Burning trash or unsightly accumulation of litter (Art. IX:3:i).
    • Maintaining on the common elements any temporary structure or outdoor clothes lines or dryers, or hanging laundry or clothing on or from a balcony, patio, or other part of the Mutual (Art. IX:3:j).
    • Maintaining an outside aerial or antenna without the prior approval of the Board (Art. IX:3:k).
    • Cooking or preparing food on any balcony or the general common elements, except with the approval of the Board (Art. IX: 3:1). (Montgomery County prohibits use of outside cooking equipment, such as barbecues, within 20 feet of a multi family dwelling.)
    • Any action that would increase the rate of insurance of the Mutual or result in its cancellation or that would violate the law or local ordinances of regulations (Art. IX:3:c,m).

    The Bylaws also prohibit a unit owner from engaging or directing an employee of the Mutual’s management agent on any private business during the employee’s working hours. They also prohibit any attempt to direct, supervise, or assert control over the management’s employees (Art. IX: 3:n). If a resident has a problem with an employee, the resident should take it up with the head of the employee’s department, if known, or the office of the General Manager.

  11. Garage and Estate Sales
    At the request of the Community Council to all Mutuals, we have adopted rules on garage and estate sales in Mutual 14.

    Our general advice for anyone thinking about conducting that kind of sale in the Mutual is this. First, study the Mutual rules (Sec. 11.01) carefully. Second, if you engage a broker, be sure the broker reads and understands the rules. Third, before your plans are made final, check with the office of the General Manager. Fourth, prepare your application to the General Manager fully and file it early.

    As the rules, indicate, a garage or estate sale is permitted in the Mutual only if the General Manager approves in writing in advance. (Yard or other outside sales are prohibited.) No advertising is permitted before the General Manager’s approval is given.

    A sale in Mutual 14 must consist mainly of the property of a Mutual 14 resident. A minor amount may be the property of other Leisure World residents. A sale may be conducted only by a resident who owns the property to be sold, or by the estate or heir of the resident, or by an established broker. Violations of the rules by a broker can bring substantial penalty (Sec. 11.01:c).

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    IV. A NOTE ABOUT COMMUNITY RULES

    Residents should be aware of the rules of the community in addition to the rules of the Mutual.

    Community rules are issued by the Trustee or by the Community Council as authorized by the Trustee. Those rules apply, for example, to the use of Trust (community) property: the clubhouses, swimming pools, tennis courts, golf course, streets, and so on. Community rules do not ordinarily apply to the property of a Mutual except to the extent that a Mutual board has made an agreement to that effect with the Leisure World Community Corporation (Community Council) or the Leisure World of Maryland Corporation, the agent and the subagent of the Trustee, respectively.

    Community rules are not reproduced here. They are published from time to time in Leisure World News, Leisure World Living, or separate pamphlets. A file of basic community documents has been established in the Leisure World library in our Administration Building and is available for reference. The existence of community rules reflects the status of Leisure World as a private community, open only to residents, their guests, employees, and other persons who have a legitimate reason to enter its gates. Its street are private, not public, and we maintain and light them at our own expense.

    That does not mean, however, that we are outside the scope of the laws of the State of Maryland and Montgomery County. Our traffic and parking rules have been approved and may be enforced by public authorities. Community facilities are governed by the same laws and regulation on fire prevention, pet control, health, sanitation, and the like that apply outside Leisure World.

    Our Special Police officers, who hold commissions issued by the Governor of Maryland, have many of the powers of the regular police force. They are responsible for preventing and detecting crime, enforcing the criminal and motor vehicle laws, and preserving good order in the community. Within the Leisure World organization, they are ultimately responsible to the General Manager and assist him in promoting compliance with community and Mutual rules.

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