WELL BOTTOM COVE ASSOCIATION, INC.
BY-LAWS
The name of this Association shall be Well Bottom Cove Association, Inc.
The purpose for which this Association is formed is to promote and protect the rights of the property owners, to keep dock, bathing area and roads usable for their enjoyment.
RTICLE I
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ARTICLE I
Membership
Section 1:
All property owners of Well Bottom Cove are eligible to become members on receiving a copy of the By-laws.
Section 2:
Present property owners electing not to join the Association will be assessed $25.00, and this assessment must be paid before they can become members.
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ARTICLE II
Dues
Section 1:
The annual dues of each member shall be $225.00 with $50 of that amount placed in a capital fund to be accrued for repairs to dock, drainage, bulkhead and other repairs as needed. If a member owns any additional lot or lots, no additional payment on such additional lots shall be required until such time as a dwelling is erected on such lot or lots. Such assessment will be at the rate of $225. per dwelling.
Section 2:
Dues are payable at the time of the annual meeting. Dues are considered to be delinquent after July 1st.
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ARTICLE III
Voting
Section 1:
Only members who are in good standing shall have the privilege of voting. A member shall not be considered to be in good standing unless all past dues and assessments have been paid to the satisfaction of the Association.
Section 2:
The owner or owners of a single lot shall be entitled to two votes. If any member has more than one lot, he/she shall receive two votes for each additional lot only after a dwelling has been erected on such lot or lots.
Section 3:
Major improvements by the Association must be voted on by the members at a meeting, or by mailed ballot, with the majority of the members approving any assessment necessary for the accomplishment thereof.
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ARTICLE IV
Board of Directors
Section 1:
The Directors shall be five in number, but the number of Directors may be increased or decreased by amendment of this provision of the By-laws.
Section 2:
Directors will serve one 5-year term and may be re-elected providing no one else wishes to fill that seat.
Section 3:
At least one Director will have permanent residence in Maryland and that Director’s address shall constitute the legal office of the association.
Section 4:
Members of the Board of Directors shall be elected by a majority of the voting members of the Association at an annual meeting or by mailed ballot. If by mailed ballot, the voters will be notified on the ballot when and where the ballots will be counted.
Section 5:
The Board of Directors may, on majority vote, fill any vacancy in the unexpired terms of Directors or association officers.
Section 6:
Three members of the Board of Directors shall constitute a quorum for any regular meeting.
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Section 7:
The Board of Directors shall select, from their own membership, Officers of the organization consisting of a President, a Vice President and either a Secretary- Treasurer or a Secretary and Treasurer, all of whom shall be members in good standing of the Association.
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Section 8:
President – The President’s duties will be to preside at all meetings of the Association and appoint all committees. He/she and the Secretary-Treasurer or Treasurer shall sign all drafts, notes and other negotiable instruments in the name of the Association. He/she shall call special meetings.
Section 9:
Vice-President – The Vice-President shall perform all the duties of the President in his/her absence and shall also perform such other duties as may from time to time be designated to him/her by the President.
Section 10:
Treasurer – The Treasurer shall keep records of all dues and assessments collected, and a record of disbursements.
Section 11:
Secretary – The Secretary shall keep a record of the minutes of all meetings and keep such records in a minute book as a permanent record. The Secretary shall also keep on file all correspondence and other documents relevant to the association including dock and mooring assignments.
Section 12:
Both the positions of Treasurer and Secretary can be held by one person.
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ARTICLE V
Meetings
Section 1:
There shall be an annual meeting held at Well Bottom Cove during the month of March or April of each year. Twelve property owners shall constitute a quorum. Members will be notified by the Secretary-Treasurer as to the date of annual meetings or special meetings.
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ARTICLE VI
Fiscal Year
Section 1:
The fiscal year of the Association shell begin on the first day of July and end on the 30th day of June of the following year.
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ARTICLE VII
Docks - Protection of dock and neighboring boat owners
Section 1:
All boats shall be tied in an approved manner.
Section 2:
No pulley or weight arrangements fastened to the dock will be permitted.
Section 3:
Dock shall be limited as to size of boats moored to it. (limit to be 21 feet.) Larger boats will use buoy mooring.
Section 4:
Front end of dock shall be kept clear for loading and unloading only. There will be no temporary 2 or 3-hour moorings. End boats shall be moored so they do not extend beyond end of dock. Any attachments, other then mooring lines to docks, shall first have the approval of the Association.
Section 5:
Dock area shall be kept clean. Mowing shall be done on a volunteer basis but members are responsible for removing their own trash.
Section 6:
Residents holding assigned slips are collectively responsible for the launch, removal and repair of the docks.
Section 7:
Fingers/catwalks should be removed before the date set for the removal of the main floating docks and reset within two weeks after the main floating docks are launched in order to stabilize the entire system.
Section 8:
Personal property and trailers and boats on trailers are not permitted to be stored on the community plaza area. The plaza area is for loading and unloading only. Any violators will be towed from the community plaza.
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ARTICLE VIII
ARTICLE VIII
Moorings
Section 1:
The Well Bottom Cove Association has been licensed by Kent County to place 15 Moorings off the shore of community property. These 15 Moorings are the property of the Well Bottom Cove Association, not the individual property owners currently using the Moorings. The individual Moorings are not transferable except as specified in Section 2 below and cannot be sold as part of any real estate sale. The particular ground tackle (mooring ball, chain, anchor etc.) associated with a specific Well Bottom Cove Association Mooring is the property of the individual who initially placed it and is considered separate from the Mooring. Kent County regulations, Maryland regulation as well as physical and environmental factors restrict where moorings can be positioned. Therefore, the actual number of physical mooring that can be deployed is limited.
Some controlling factors that effect the placement of moorings are:
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existing moorings and the required swing room for boats on the existing moorings,
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length of boat to be moored,
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water depth,
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other factors that may effect safety.
Section 2:
Mooring assignments are issued by the Association’s Board of Directors following a waiting list kept among the Secretary’s records. Mooring assignments and placement are restricted as per the limitations specified in ARTICLE VIII, Section 1.
Moorings become available for assignment to Property Owners on the waiting list when:
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a current Mooring holder sells his property and is no longer a Well Bottom Cove resident.
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a current Mooring holder voluntarily gives up the Mooring.
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a new Mooring location is identified that meets the restrictions and requirements specified in Article VIII, Section 1.
Section 3:
Mooring sittings and hardware must follow Kent County as well as Maryland State regulations. A copy of these regulations is available from the Secretary.
Section 4:
Fee of $5.00 for moorings shall be paid annually along with the dues.
ARTICLE IX
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ARTICLE IX
Roads
Section 1:
Drainage changes
Culvert installation
Driveway installation
Any changes which may cause damage to Association maintained roads requires approval of the Association.
Section 2:
The speed limit for all vehicles including ATV’s & motorbikes on Association property shall be 10 miles per hour to preserve the roads and minimize dust.
There shall be a curfew of 9:30 on motorbikes.
Section 3:
Authorization for the repair/maintenance of the general roadway must have approval of a majority of the Board of Directors if it is to be funded by the Association.
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ARTICLE X
Bathing Area
Section 1:
The bathing area shall be kept clean at all times. It’s your beach, help keep it that way.
Section 2:
Dogs are not allowed on the beach when other swimmers are present. At other times dogs may be permitted but owners must clean up after them.
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ARTICLE XI
General
Section 1:
Members will be responsible for their guests as to the use of community property and protection of property of other members. Community property (Docks, Dock Area, Plaza, Mooring Areas, Beach Area. Common Easements etc.) is shared in common among all Property Owners. Community property areas are for the exclusive use and enjoyment of property owners, their immediate family members and any Residents who are renting a Property within the Well Bottom Cove Community. Guests of property owners are permitted to use community property on an infrequent basis, so long as their use does not constitute an infringement of the use or enjoyment by Property Owners and Residents. “Permanent Guests” are not permitted. Anyone desiring continual and unrestricted access to the Common Property areas must become a Property Owner or Resident. Water Privileges and permanent access to the Sassafras River are restricted to Property Owners and Residents and cannot be transferred or delegated or conveyed in anyway to people who are not Property Owners or Residents.
Section 2:
Members failing to maintain their property will be requested in writing by the Secretary to perform needed work or arrange to have it done.
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ARTICLE XII
Miscellaneous
Section 1:
Nothing contained in these By-laws shall limit, restrict or prevent any member or group of members at anytime from presenting grievances or complaints, in writing, to the Association or to the Board of Directors.
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ARTICLE XIII
Amendments
Section 1:
The members of this Association, by a vote of two-thirds of the membership, may at any regular or special meeting or by mailed ballot of the Association Membership, alter or amend these By-laws if notice thereof be contained in the notice of such regular of special meeting.