§ 27-445. Homes Association Recreational Use.  


Latest version.
  • (a)

    Site plan.

    (1)

    A Detailed Site Plan shall be approved for all Homes Association Recreational Uses, in accordance with Part 3, Division 9, of this Subtitle.

    (b)

    Covenants.

    (1)

    Along with the site plan, the applicant shall submit proposed covenants for Planning Board approval. The covenants shall provide that:

    (A)

    Each home owner within a described contiguous land area is automatically a member;

    (B)

    Each home owner is automatically subject to a charge for a proportionate share of maintenance of the recreational use; and

    (C)

    Each home owner is bound to his proportionate share of all assessments (including taxes) which may be necessary to maintain the use. The covenants shall provide for a personal money judgment procedure against each lot owner to meet the assessment charges.

    (2)

    The requirements of paragraph (1), above, shall not prohibit the Homes Association from charging its members for operating expenses for recreational uses or other activities of the organization, provided the charges are not for profit.

    (c)

    Planning Board review.

    (1)

    The Planning Board may approve the proposed site plan and covenants when it finds that:

    (A)

    The covenants adequately provide for the ownership and perpetual maintenance of the land and recreational uses;

    (B)

    The use conforms to all other requirements of this Subtitle; and

    (C)

    The use is not a nuisance because of noise or other physical activity.