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WINDWARD KEY HOMES CORPORATION
CHESAPEAKE BEACH, MARYLAND
(Effective: 2008) 
(printable version)

RULES AND REGULATIONS

The Board of Directors of the Windward Key Homes Corporation (hereinafter referred to as “the Association”) has adopted the following Rules and Regulations for the protection and mutual benefit of the owners and residents of Windward Key. 

These Rules and Regulations will be modified from time to time by the Board of Directors, as it deems necessary. A Rules and Regulations Committee, appointed by the Board of Directors, will conduct an annual review of these Rules and Regulations, invite comments and feedback from the owners and residents of Windward Key, and recommend changes, additions and/or deletions to the Board of Directors for approval.

REPEAL OF PRIOR POLICIES

The Rules and Regulations set forth here shall supercede and replace all previous Rules and Regulations of Windward Key. 

GENERAL RULES

· Owners, renters, their families and guests must act in a responsible manner in the common areas of Windward Key. The Board of Directors has the authority to suspend the rights and privileges to any or all of the Windward Key common facilities to any owner/resident who violates or is not in compliance with these Rules and Regulations.

· Rights and privileges of access to all of the Windward Key common facilities or amenities, including but not limited to the pool and tennis court, will be denied to any Windward Key owner/resident who is in arrears more than 60 days with his/her monthly fees or special assessment payments.

· No owner/resident of Windward Key shall be employed on Windward Key community property by the management company of the Association or any of the subcontractors hired by either the Association or the management company of the Association without a special exception granted by the Board of Directors.

· If the Association must enforce these Rules and Regulations through any form of legal action, the offending owner shall be responsible for all expenses and/or attorneys’ fees incurred by the Association in enforcing the provisions of these Rules and Regulations.

· Any proposed changes or improvements to any townhome at Windward Key, including but not limited to painting; replacement of doors, windows, siding or driveways; or changes to decking, must be submitted in writing to the Architectural Control Committee, appointed by the Board of Directors. Proposed changes and/or improvements must be approved by the Architectural Control Committee prior to the commencement of the work.

TRASH & RECYCLING

· Owners, renters and residents are encouraged not to place their trash and/or recycling at the curb until after 6:00 pm on the day prior to a scheduled pickup. Owners/residents who will not be at their units on those evenings should place their trash and/or recycling under their front deck and arrange to have a neighbor take it to the curb at the appropriate time.

· Trash collection is provided by the Town of Chesapeake Beach. Normal trash collection days from June to October are MONDAY and THURSDAY. Regular trash collection is MONDAY ONLY from November to May. Recycle pick up is on THURSDAY. Yard debris is picked up on TUESDAYS, April through December. Any twigs/branches should be bundled in three foot lengths. (It must be clear that bundles are yard debris.) No trash will be collected on certain holidays such as Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year’s Day. Trash collection will be the next regularly scheduled day after a holiday. 

· If owners/residents have bulky trash, they may call Town Hall at 301-855-8398 to schedule a special pickup.

· Owners/residents are encouraged to pick up their personal trash in and around the community, and to help maintain the common areas and beach area.

FIRES ON THE BEACH

· In accordance with the Statutes of the Town of Chesapeake Beach (as outlined below), open fires are prohibited within the town limits at all times. Open fires, including bonfires, on either public or private property are strictly forbidden by the Town of Chesapeake Beach. 

Chapter 6 Fire Regulations

Article 1: Fire Prevention – Miscellaneous Burning on Public Property:
There shall be no fires, including open fires or fires contained in hibachis, grills or similar devices (for cooking, or any other purpose) on any public property within the Town limits of Chesapeake Beach.

Burning on Private Property:
There shall be no burning for any purpose except cooking food in a hibachi, grill, barbecue pit or other similar, safe cooking device at private residences or restaurants where the fire is safely contained and at all times under the control of the owner, employees or custodian of the property. In no other instance shall fuel, wood, leaves, wastepaper, brush, trash or other matter be burned outside of any building on any property.

VEHICLES and PARKING

· Parking in the Common Areas of Windward Key

~ Residents may only park approved vehicles in designated parking spaces and parking areas. (See map) 
~ All unapproved vehicles are prohibited from parking in the parking spaces in the common area except when picking up or delivering passengers or merchandise or during the performance of work or services. (See unapproved vehicles below.)
~ Only compact cars may park in the parking spaces that lead to the Marina and Swimming Pool area (indicated by signage).

· Fire Lanes and No Parking Zones

Residents/occupants may not park vehicles in Fire Lanes and No Parking Zones which are identified with yellow stripes.

· Vehicle Repairs

Major repairs and/or maintenance to vehicles, painting of vehicles or drainage of automobile fluids are not permitted anywhere in the common area of Windward Key. Minor repairs or maintenance (less than two hours duration), such as repairing a flat tire or charging a dead battery, are permitted.

· Dumping of Materials

The dumping, disposal or leak of oil, grease or any other chemical residual substance, or any substance or particles from holding tanks of any vehicles, is not permitted in the common area of Windward Key.

· Operator’s Responsibilities

~ Residents may park only one (1) vehicle within each parking space. If a resident wishes to park a motorcycle in the same parking space as an approved vehicle, the resident may do so, provided the resident parks the motorcycle so that the approved vehicle remains completely parked within the parking lines and does not extend beyond the parking lines into the vehicular pathway of the street.

~ The parking of any vehicle, including motorcycles, on any sidewalk or in the other common areas of Windward Key is strictly prohibited.

~ Residents may not park vehicles in any manner which impedes the normal flow of traffic, blocks any mailbox or prevents ingress and egress of any other vehicle to adjacent parking spaces or the open roadway.

~ Residents may not park any vehicle perpendicular to the marked parking spaces.

~ Residents may operate vehicles only on the paved roadways of Windward Key. No motorized vehicles may operate on the sidewalks or boardwalks of Windward Key.

~ All owners must ensure that their family members, renters, guests and/or contractors comply with these Rules and Regulations.

· Owners Liabilities

Owners shall be liable to the Association for any costs incurred by the Association to repair or repaint any part of the parking facilities damaged by the negligence or unintentional act of the owner, his or her renters or invited guests.

· Unapproved Vehicles

Residents may not overnight park the following vehicles anywhere in the common areas of Windward Key:

A. Commercial Vehicles (any vehicle including the following):

1. A vehicle in which the driver is ordinarily hired for transport, including but not limited to, taxis, limousines, or buses;

2. A vehicle with uncovered exterior logos, signs, letters, numbers, advertising or irregular and distinct coloring which creates the appearance of a commercial vehicle;

3. An unmarked vehicle with commercial paraphernalia or equipment attached, strapped or affixed to the exterior of the vehicle, including but not limited to, storage containers, racks, ladders or pipes; 

4. An unmarked vehicle with an excessive amount of commercial equipment or supplies within the interior of the vehicle which is readily visible from the windows of the vehicle, including but not limited to, pesticide, paint buckets, propane, tanks, cabling, uncovered or unsecured tools or other supplies;

5. An unmarked vehicle which, because of its irregular height, length, shape or weight, is not a conventional passenger car and is more suited for a commercial purpose;

6. A van designed for the transport of furniture, goods, equipment, animals or scheduled transportation.

As stated in the Covenants, Conditions and Restrictions of the Windward Key Homes Corporation: “No commercial vehicles of any type shall be permitted to remain overnight on the community 
property, or on the property of a Private Dwelling Unit, unless garaged; other than as may be used by the Developer in conjunction with building operations.”

B. Recreational Vehicles: Any motor home, self-contained camper, mobile home, boat, all terrain vehicle, dune buggy, trailer, boat trailer, pop-up camper/tent trailer, horse trailer, any trailer or semi trailer used for transporting wave runners, jet skis, motorcycles, or all terrain vehicles, whether or not such trailer or semi trailer is attached to another vehicle, and any other type of vehicle primarily designed for recreational use, as opposed to conventional passenger use.

As stated in the Covenants, Conditions and Restrictions of the Windward Key Homes Corporation: “No private trucks, trailers, campers or recreational vehicles, whether or not licensed as a Class A 
motor vehicle, and no unlicensed motor vehicles of any type shall be permitted to remain overnight on the community property, or on the property of a Private Dwelling Unit, unless garaged, other than as may be used by the Developer in conjunction with building operations.

No boats of any type shall be permitted to remain overnight on the community property or on the property of a Private Dwelling Unit, except when properly docked at the marina.”

C. Unregistered or Unlicensed Vehicles: Any vehicle that does not display valid and current state registration and license.

D. Inoperative Vehicles: Any vehicle with a malfunction of an essential part required for the legal operation of the vehicle. Any vehicle which is partially or totally disassembled as a result of the removal of tires, wheels, engine or other essential parts required for legal operation of the vehicle.

E. The Board of Directors reserves the right to prohibit any other type of vehicle not specifically prohibited above, provided that the vehicle’s presence in the community constitutes a nuisance or aesthetic problem to the community.

· Association Enforcement Authority

The Board of Directors shall have the authority to have any vehicle not in compliance with the provisions of these Rules and Regulations removed from Windward Key property. All costs and risks of towing and impoundment shall be the sole responsibility of the vehicle’s owner.

· Violations Subject to Immediate Towing

Any vehicle (a) parked within fifteen feet of a fire hydrant or in a designated fire lane, (b) occupying more than one parking space, (c) parked perpendicular to the marked parking space or outside of a designated parking space as defined above, (d) parked in the spaces at the entrance to the Marina and Pool, or (e) constituting a safety hazard will be towed without notice or delay.

· Citation Notices

~ In the case of all other situations not addressed above, the Board of Directors or its designated representative shall post a citation notice on any vehicle not in compliance with the Rules and Regulations of the Association. No other form of notice is required. If the owner of the vehicle does not bring the vehicle into compliance within seventy-two (72) hours of the date and time of the notice, the vehicle shall be subject to removal by towing.

~ Subsequent violations committed within any consecutive three-month period shall subject the violating vehicle to immediate towing without notification and may result in the suspension of parking privileges in the common area parking.

~ Requests from an owner for enforcement of these parking policies by the Association against another resident must be directed to the Board of Directors in writing.

~ The Association reserves the right to exercise all other powers and remedies provided by the Association’s governing documents, the laws of the Town of Chesapeake Beach, the laws of Calvert County or the laws of the State of Maryland.

~ Liability: The Association disclaims responsibility for any damage to any vehicle parked or operated on Association property.

TENNIS COURT

The tennis court facility is provided for the pleasure of the owners, renters and guests of Windward Key for the purpose of playing tennis. The Association may schedule Association tennis tournaments periodically. These events will be announced in advance of the tournament and take precedence in scheduling over those of individual owners, renters and guests. 

1. Windward Key residents may reserve the tennis court for one hour (on the hour) using the sign -up board provided at the Tennis Court. Each unit owner or occupant is allowed to reserve one hour per day until the sign-up board is full. Sign up is on a first come, first served basis. The purpose of the sign-up board is to allow residents to schedule playing time so they may enjoy the other facilities available and not wait in line to play. If players are not at the court within 10 minutes of their scheduled time, they relinquish their time. Players may play more than one hour as long as no one is waiting to play.

2. In order to protect and preserve the surface of the tennis court, no recreational or wheeled vehicles are allowed on the tennis court. This includes, but is not limited to, skates and skateboards, roller blades, bicycles, tricycles, battery-powered vehicles and scooters.

3. Each player is responsible for removing all articles brought into the area. In addition, players must pick up their trash in the court area and place it in the container provided.

4. Players will wear only tennis shoes (rubber-soled shoes) while playing tennis. 

5. No animals are permitted within the tennis court area.

6. The tennis court is limited to the play of tennis and badminton.

7. Smoking is not permitted in the tennis court area. All tobacco materials must be extinguished prior to entering the tennis court area.

8. Homeowners, residents and guests are asked to report any damage or needed repairs to a member of the Board of Directors.

PETS

1. All pets (including cats and dogs) must be leashed while on common property.

2. All pet owners will encourage their pets to relieve themselves on their own lot and not on common property or another owner or renter’s property. Pet owners must pick up discharges immediately after the pet relieves him/herself on all properties within the community.

3. When on common property, all pet owners shall pick up immediately after their pet relieves him/herself, and shall dispose of waste products in their own trash receptacles. In addition, pet owners will prevent their pets from relieving themselves on bushes, trees or other common area or another homeowner’s plants and/or property. Individual pet owners will be responsible for replacing any common area or other homeowner’s plants, trees or bushes damaged by their pets.

4. Failure to comply with the rules governing pets will result in a warning notification from the Management Company sent by registered letter to the offending owner/renter. Failure to comply with the rules governing pets following a warning notification will result in a monetary fine to be determined by the Windward Key Board of Directors.

5. From time to time, stray animals wander through our community. The Calvert County Animal Control will pick up a stray dog during the week (before 2:00 pm) or you may take these animals to the Tri-County Animal Shelter. Traps are available for hard-to-capture animals. You may call the Calvert County Animal Control at 410-535-1600 (ext. 2526) to reach these services.

SWIMMING POOL

The Board of Directors of the Windward Key Homes Corporation has adopted the following Regulations regarding operation and use of the swimming pool. These Regulations are for your protection and to assure the safe and sanitary operation of the pool facilities. Your cooperation in abiding by these conditions will provide for relaxation and recreation for residents and their guests.

1. A qualified pool operator, hired by the Board of Directors, is in charge of the pool and the pool area. The pool operator will enforce these Regulations, as well as State and County Regulations.

2. The pool operator may ban anyone from the pool for violating these regulations. Rowdy behavior, abusive or profane language or breach of peace will not be tolerated. If such action persists, Police will be called.

3. All Windward Key residents must sign in upon entering the pool area. (If there is any question about eligibility, the pool operator may ask for I.D.)

4. All Windward Key guests must be signed-in by a Windward Key resident 18 years of age or older. Any owner who is renting their property must be in compliance with Article XV, Section 1, of the Windward Key By-Laws, dated September 15, 2005, before their tenants are allowed use of the pool. 

Article XV, Section 1: “Contact Information for Owners and Tenants. Owners shall be responsible for ensuring that the Board has notice of their mailing address, if different than the Lot address, as well as telephone numbers (for emergency contact purposes). If an Owner rents his or her home within the Association, the Owner shall ensure that his or her tenants are provided with a copy of the Association Governing Documents and, further, the Owner shall promptly provide the Board with a copy of the Lease, the name(s) of the tenants and telephone number(s) (for emergency contact purposes).”

5. Children, eleven years of age and under, are not allowed into the pool area without a responsible adult, 18 years of age or older.

6. Owners who have not paid in full all amounts owed to the Association, including monthly fees, late fees, assessments, and legal fees will not be admitted to or allowed to use the pool.

7. Windward Key owners/renters are prohibited from signing-in owners/renters who are in arrears on dues, including assessment fees.

8. The last 15 minutes of every hour will be reserved for adults swim (18 years of age or older).

9. Headsets are required for the use of all personal music devices.

10. NO GLASS is permitted in the pool area. This includes bottles in “jackets”. Food and drink in paper, plastic or metal containers may be consumed in the pool area, but not near the apron of the pool or in the water. Owners, renters and their guests are asked to clean up their area and place trash in receptacles.

11. Individuals are responsible for the removal of all personal items such as towels, books, chairs, toys, etc. when leaving the pool area.

12. No pets are permitted in the pool area.

13. Individuals under the influence of alcohol or drugs are not permitted in the pool area. The pool operator will use his/her discretion in determining what constitutes “under the influence of alcohol or drugs “.

14. Rafts or other floatables are not permitted during heavy pool use, as determined by the pool operator.

15. Individuals are asked to shower before entering the pool if they are sandy.

16. Individuals with communicable diseases, infections, sore or inflamed eyes, colds, nasal or ear discharges, open sores, etc. are not permitted in the pool area. The pool operator will use his/her discretion in determining who may not be permitted for the above reasons.

17. Smoking is not permitted in the pool area. All tobacco materials must be extinguished prior to entering the pool area.

18. Babies are required to wear proper swim diapers.

19. These regulations will be posted near the entrance to the pool area.

20. Any comments or concerns about the operation of the pool should be brought to the attention of the Board of Directors, not the pool operator. The Board reserves the right to revise these regulations as necessary.

All persons using the pool or pool area do so at their own risk and sole responsibility. The Association assumes no responsibility for any accident or injury in connection with such use, or for any loss or damages to personal property of any kind. Persons using the Windward Key pool agree with the homeowners and management, that in consideration of the use of the pool, to make no claim against the homeowners or management any loss of personal property. Homeowners and renters agree to hold harmless the Association and management for any and all liabilities and actions by any homeowners, renters or guests in connection with the use of the swimming pool or pool area.

BOARDWALK AND MARINA

Use of a Marina Slip, the Windward Key Marina facilities and its appurtenances shall be subject to such rules and regulations as may from time to time be established by the Board of Directors of the Association. The following rules and regulations shall apply:

1. Children under 10 years of age are not allowed in the Boardwalk and Marina area without an adult.

2. No skateboards or bicycles are allowed on the Boardwalk or in the Marina area.

3. The Marina water system and water supply is supported by slip owners. Water is to be used only by slip owners. Use by other persons will be subject to penalty by the Association.

4. Electric outlets are the responsibility of the Marina slip owners. To turn the power on or off, the electric company…BG&E…must be contacted and given the slip number and billing address. 

5. Running on the boardwalk and/or marina docks is not permitted.

6. Trash should not be deposited at either end of the Marina since there is no trash service for marina owners. Owners will at all times keep the finger piers and premises adjacent to their Marina Slip free and clear of litter and trash.

7. Owners shall not store or maintain, nor cause to be stored or maintained, any materials, machinery, equipment, trash receptacles, furniture or similar items near the Marina Slip or adjacent areas, including the finger piers and dock. No storage lockers, sheds, bins or similar appurtenances shall be constructed. The Board may choose to make an exception for equipment associated with boat lifts. The burden is on the owner of the boat lift to request Board approval which will be granted on a case-by-case basis.

8. Owners may lease the use of their Marina Slip in conjunction with the rental of Owner’s dwelling unit within Windward Key, but may not lease the Marina Slip separately or apart from Owner’s dwelling unit, except to another owner or renter of a private dwelling unit within Windward Key.

9. (a) Owners may sell or transfer this Easement for the Marine Slip at any time to another lot owner within Windward Key, if Owner and such purchaser are then current with all assessments and fees to the Association and to the State and local taxing and public utility service authorities, or if such assessments and fees are paid at closing.

(b) In the event an Owner sells his/her dwelling unit within Windward Key, the associated slip must be sold within a reasonable period of time, but in no event longer than six months after a deed is recorded for the transfer of the dwelling unit. Slips may be sold ONLY to other Windward Key homeowners.

10. Slip owners are responsible for providing a slip renter with a copy of the marina rules. The owner is also responsible for enforcement of those rules with his/her renter.

11. All boats utilizing the Marina Slip must be:

a. Pleasure craft which are not used for charters or other commercial purposes; 
b. Registered, identified, marked, equipped and maintained as required by applicable law and safe boating practices;
c. Maintained in first class condition so as to in no way detract from the character of Windward Key, and available for periodic inspection by the Association or its agents, successors and assigns.
d. Insured to the extent required by the Association or its agents, successors and assigns, including a pollution rider.
e. Used in an environmentally safe manner with no dumping of waste, trash or hazardous waste.
f. Occasional live aboard will be permitted by immediate family or guest, but in no event shall live aboard be permitted for a period of greater than 7 days which must be followed by a period of no less than 7 days of non-overnight occupancy. The Board of Directors may issue permits for longer stays on a case-by-case basis.
g. Guest boats may remain in slips for a period no longer than 7 days which must be followed by a period of no less than 7 days of non-guest use.

12. Owner shall be responsible for all damage to persons or to property resulting from the exercise of the rights granted hereunder, and shall maintain liability insurance, in no less than the following amount: $300,000.

13. Boat(s) and any other craft such as dinghies and jet skis shall be permitted within the marina slip, and any boat or other craft using the marina slip shall be moored and properly secured so that the boat or other craft do not encroach on neighboring slips.

14. The Association assumes no responsibility for loss or damage that may occur due to weather conditions, fire, theft or damage to any vessel or any of its equipment or property located upon the vessel using the Marina Slip.

15. Owner shall be responsible for the payment of all charges, costs and expenses relating to the Marina Slip, including water, electric, real estate taxes, telephone and television serving the Marina Slip.

16. All noise emanating from the use of the Marina Slip shall be kept to a minimum. Marina users should be particularly mindful that any unusual or raucous noise that is or may become a disturbance to residents of Windward Key or other Marina Slip owners should cease at 9:00 pm through 9:00 am. Owner shall not idle their engines, or operate engines, radios and television sets which are a nuisance to others.

17. In addition, all other rules and regulations cited in each owners Easement which is attached to every deed of ownership, must be followed, as agreed to at time of purchase.

WATERCRAFT

No boats of any type shall be permitted to remain parked overnight on the community property or on the property of a private dwelling unit, except when properly docked at the Windward Key Marina. (Per the Covenants, Conditions and Restrictions of Windward Key Homes Corporation.)

No boats or other watercraft may be parked on the Windward Key Beach overnight. 

UPKEEP OF HOMES

In an effort to protect the mutual investment in our Windward Key community, all owners are urged to maintain their homes in good condition in consideration of their neighbors. 

Beginning in January 2008, the Management Company will conduct a community walk-thru semi-annually. They will make note of homes needing painting or repair and that have rotted wood or ripped, damaged, stained, or missing awnings. The Management Company will send a registered letter to the appropriate owners, stating the repairs needed and giving a deadline for work to be completed.

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