Guide to the Reserve at Ironside Maintenance Corporation

This guide is meant to address some of the most common questions we receive about the Maintenance Corporation. It is not intended to be all-inclusive. If you have further questions, please don’t hesitate to ask a Board member, put your question in the Reserve mailbox located at the park, and/or use the contact form.

What is the Maintenance Corporation?

• The Reserve at Ironside Maintenance Corporation is a Delaware corporation that has two basic purposes. First, the Corporation is responsible for the maintenance of the neighborhood’s private open spaces. There are open spaces throughout the neighborhood but the four primary area are: 1) the entrance way at Ironside Road, 2) the storm water management area, 3) the recreation area, and 4) the strip of land behind the carriage homes on the west side of Palo Lane. In these areas, the Corporation must make sure the grass is cut, the lights are on, the areas are safe and that they fulfill their intended purpose.
• Second, the Corporation must enforce the deed restrictions. As a deed restricted community, each homeowner agrees to abide by a set of rules that are on file with the County and that cannot be changed without the approval of two-thirds of owners. Each owner should have been given a copy of the deed restrictions at the closing of their home. Additional copies are always available from the Secretary.

Is this also a Homeowner’s Association?

• The short answer is no. The longer answer is that the Board has decided to take on tasks other than those above simply because we are in a good position to do so.
• The Board and other homeowners in the neighborhood have also taken an active role in dealing with the County on issues such as drainage on Ironside Road, development issues with Cinnamon Station, traffic at Ironside and Welsh Tract Roads, etc. We have tried to get factual information so that the neighborhood is aware of happenings outside our streets.

How are the Board and Officers chosen?

• The Board of Directors and Officers are elected separately. The Board of Directors of the Corporation is elected by the homeowners of the Reserve at the annual meeting in September. The By-laws state that the Corporation must have at least two Directors and no more than five. Directors must be members of the Corporation or officers, partners or employees of members of the Corporation. After the Directors are elected, they meet to appoint the officers. The officers must include a president, at least one vice-president, a secretary, and a treasurer. The President and Vice-President must be members of the Board.

What documents govern the Board’s responsibilities?

• There are four documents that govern the Board’s authority and responsibilities. First, when Handler was planning the neighborhood, they filed a Maintenance Declaration with the County. In this document, they stated their desire to build on the land, establish restrictive covenants for those homes, and form a Corporation to oversee it. Second, when the Corporation was actually formed, Handler filled out a Certificate of Incorporation stating the purpose of the Corporation and a description of members. These two documents got the community up and running. The next two documents are the ones that govern day-to-day events now. The third document holds the by-laws. This describes the classes of members, requirements for meetings, and director and officer responsibilities and  powers. The fourth document is the one most familiar to you – the deed restrictions. This document lists the prohibitions and specifications for things that affect your own property.

Who are members of the Corporation?

• Every homeowner is a Class A member of the Corporation.  There are two classes of members but there is only one Class B member – Handler Corporation. For voting purposes, each lot has one vote whether a Class A or Class B member. Membership earns you certain rights –  information, use of open spaces, voting privileges for the Board and Changes to By-Laws and Deed Restrictions. It also carries certain responsibilities – compliance with deed restrictions and payment of annual assessments.

What are the deed restrictions and how are they enforced?

• The deed restrictions are rules that every homeowner agrees to abide by when he/she buys a house in the Reserve. They list restrictions on what you can do on your property as opposed to the open spaces. Some of the rules govern things inside the house, e.g. number of pets, curtain colors, and businesses. Most of the rules deal with the outside of your home, e.g. location of dog houses and sheds, decks, fences, color of your siding, and general upkeep.
• All of the rules in the deed restrictions are subject to enforcement. In addition to enforcement, any construction requires pre-approval in order to make sure that the work you have planned complies with the restrictions. THIS IS A VERY IMPORTANT CONCEPT!!! The deed restrictions state that:
  • “No building, shed, fence, wall, retaining wall, pond, post, cover, swimming pool or other construction shall be commenced, erected or maintained upon any lot nor shall any exterior addition to or change or alteration thereof including but not limited to exterior facade color change and/or change in grade or drainage be made until the plans and specifications showing the nature, kind, shape, color, height, materials and proposed location of same shall have been submitted to and approved in writing by Declarant (the Maintenance Corporation).”

What is the pre-approval process?

• If your are planning a construction project that is in the above list, you need to do two SEPARATE things: 1) Get necessary county permits –  this is totally independent from the in-house approval you need because of the deed restrictions, and 2) Submit plans to the Board for approval. Here is the process:
  1. Submit your plans to the Board by putting them in the Reserve mailbox at the playground.
  2. The Board will pass along the plans to our Architectural Control Committee. This committee has been appointed by the Board to decide whether a given project conforms to the deed restrictions. They will decide if the project conforms to the rules as well as whether the work “is in harmony with respect to design and location to surrounding structures and topography.” So part of their decision is objective, e.g. you can’t put up a privacy fence around your property, and some of their decision is subjective, e.g. high-quality purple siding may be turned down.
  3. The Board/Committee has 30 days to respond to your request – so plan ahead! If you do not receive a response within 30 days, the project is automatically approved.
  4. If the Committee sees a problem with the project, they will work on a compromise with you if there is room for change. If the Committee rejects the proposal, you must change your plans and resubmit them. If the Committee approves the project, you may begin construction.

What if something is constructed that does not conform to the rules?

• The short answer is that the Board has the power to make you redo the entire project! This is why it is worth you taking a few extra minutes to get the approval of the Committee. There has been several cases in the neighborhood where homeowners have had to move structures after they were installed or built. If you do not submit your project for pre-approval, you risk the Committee ordering you to remove, undo or change your project even after it is completed. In addition, expenses in the form of fines, attorney’s fees or other expenses associated with getting you to make the change. The simple fact is that legal documents state that when you buy a home in the Reserve you agree to abide by the deed restrictions and really have no legal standing to violate them.

Does the Committee ever grant waivers?

• Yes. It is important to remember that the deed restrictions also state “failure to enforce any violations of these covenants and restrictions shall not be deemed a waiver of the right to do so at any time thereafter.” In other words, if the Committee feel that some variation of the rules actually creates MORE harmony that doesn’t mean that a future project with the same issue will be approved. For example, satellite dishes are supposed to be on the back of your house or the back corner of the side. What if it looks better, given the location of your house, to have the dish tucked in a corner that sticks out of the side of your house? They may grant that waiver but that doesn’t mean that all similar houses in the future can put their satellite dishes in the same location. Because these are very fine distinctions, waivers are not granted very often. It is much cleaner to stick to the letter of the law but the deed restrictions themselves give the Committee some room from subjectivity.

How can you communicate with the Board?

• There are several ways you can communicate with the Board and that the Board communicates with other homeowners. First, you can always talk directly with any current member of the Board. Second, you can put questions, comments, or construction plans in the white “Reserve” mailbox located at the park. This box is checked everyday. Third, you can contact us online via the contact us form.

We hope this answers most of your questions about the Corporation!