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FREQUENTLY ASKED QUESTIONS

FOR ANSWERS TO OTHER COMMUNITY QUESTIONS GO TO http://www.co.ba.md.us/Agencies.
Q:  WHO DO I CONTACT FOR OTHER QUESTIONS?
A:  Go To "CONTACT" page on this web site to email MRA and/or HOA Board of Directors.  
Q:  WHEN IS THE COMMUNITY POOL OPEN?
A:  The pool opens Memorial Day Weekend.  You can pick up your NEW household passes, along with your FREE guest pass at the pool. 
You also have the option to purchase one additional guest pass for the season for .
POOL HOURS:
Sat/Sun 12-8pm
During school days the hours will be 4pm-8pm M-F until Baltimore County Schools are out, then we go to the 12pm-8pm daily schedule.
Q:  DISSOLVE THE HOA?
A:  CUT/PASTE and PRINT the form and bring to meeting.
*********************************************
DATE: May 10, 2004 For distribution at Community Meeting 
TO: PRINCIPLE OFFICE OF CORPORATION, Beachwood Estates Homeowners Association, Inc., 2401 York Road, Timonium, Maryland 21093,

TO: RESIDENT AGENT OF THE BEACHWOOD ESTATES CORPORATION,
Rachel M. Hess, 20 Crossroads Drive, Suite 215, Owings Mills, Maryland 21117

RESIDENT AGENT OF THE BEACHWOOD ESTATES CORPORATION,
Rachel M. Hess, 20 Crossroads Drive, Suite 215, Owings Mills, Maryland 21117

TO: MRA Property Management,            , 3445-C Box Hill Corporate Center Drive, Abingdon, Maryland 21009

TO: Current Member(s) of Beachwood Estates Homeowners Association, Inc.

RE: Beachwood Estates Homeowners Association, Inc.

In reference to the above named Corporation, and pursuant to said Corporation's Articles, Declaration, and By-Laws, 1) To dissolve the HOA, per the Articles SEVENTH section, requires written notice from two-thirds (221 of the Members) and then "upon any dissolution of the corporation, after discharge of all corporate liabilities, the Board of Directors shall dispose of all assets of the Corporation, ... to be used in furthering ... purposes similar to those for which the Corporation was formed." 2) To remove a Director, Article IV, Section 3., By-Laws-Board of Directors, "Removal": "Any director(s) may be removed from the Board, by a majority vote"(165)" of the Members of the Association. In the event of removal of a director(s), his or her successors shall be selected by the remaining member of the Board. for the unexpired term of his or her predecessor."

The first step to fix the HOA is to remove most of the Directors, because the Board in office during the dissolve phase, decides how to dispose of our assets . To improve the HOA or dissolve the HOA, we need to remove the majority of Directors and leave one or two Director(s) to appoint new Directors to work with the community in planning the future of our community/HOA.  Based on the above information, and that 221 Members must request to dissolve the HOA and only 165 Members need to vote for "Removal of Any Director", I first and foremost, hereby cast my vote for the "removal" of the following Director(s):

____ Yes - I vote for "removal" of                    from the Board of Directors.

____ No - I want                            to remain on the Board of Directors.

____ Yes - I vote for "removal" of                 from the Board of Directors.

____ No - I want                         to remain on the Board of Directors.

____ Yes - I vote for "removal" of                       from the Board of Directors.

____ No - I want                                        to remain on the Board of Directors.

____ Yes - I vote for "removal" of                       from the Board of Directors.

____ No - I want                                          to remain on the Board of Directors.

DISSOLVE THE HOA?:

___ No, I do not wish to dissolve the HOA at this time. OR

___ Yes, I request that we dissolve the Beachwood Estates Homeowners Association, Inc. with current Directors. OR

___ Yes, I request that we dissolve the Beachwood Estates Homeowners Association, Inc. after removal of the above Director(s).

Sincerely,

Name(s): __________________________________________________________

_

Address:____________________________________________________________________

___________________________________

Signature:_____________________________________________________________________

__________________________________

Current Member(s) of Beachwood Estates Homeowners Association, Inc. CC: Rebecca Bossalina, Director, Beachwood Estates HOA Board of Directors  CC: Kathleen M. Elmore, Esq. & Associates, P.A.

 CC: Rebecca Bossalina, Director, Beachwood Estates HOA Board of Directors  CC: Kathleen M. Elmore, Esq. & Associates, P.A.
 PRINCIPLE OFFICE OF CORPORATION, Beachwood Estates Homeowners Association, Inc., 2401 York Road, Timonium, Maryland 21093,

TO: RESIDENT AGENT OF THE BEACHWOOD ESTATES CORPORATION,
Rachel M. Hess, 20 Crossroads Drive, Suite 215, Owings Mills, Maryland 21117

RESIDENT AGENT OF THE BEACHWOOD ESTATES CORPORATION,
Rachel M. Hess, 20 Crossroads Drive, Suite 215, Owings Mills, Maryland 21117

TO: MRA Property Management,            , 3445-C Box Hill Corporate Center Drive, Abingdon, Maryland 21009

TO: Current Member(s) of Beachwood Estates Homeowners Association, Inc.

RE: Beachwood Estates Homeowners Association, Inc.

In reference to the above named Corporation, and pursuant to said Corporation's Articles, Declaration, and By-Laws, 1) To dissolve the HOA, per the Articles SEVENTH section, requires written notice from two-thirds (221 of the Members) and then "upon any dissolution of the corporation, after discharge of all corporate liabilities, the Board of Directors shall dispose of all assets of the Corporation, ... to be used in furthering ... purposes similar to those for which the Corporation was formed." 2) To remove a Director, Article IV, Section 3., By-Laws-Board of Directors, "Removal": "Any director(s) may be removed from the Board, by a majority vote"(165)" of the Members of the Association. In the event of removal of a director(s), his or her successors shall be selected by the remaining member of the Board. for the unexpired term of his or her predecessor."

The first step to fix the HOA is to remove most of the Directors, because the Board in office during the dissolve phase, decides how to dispose of our assets . To improve the HOA or dissolve the HOA, we need to remove the majority of Directors and leave one or two Director(s) to appoint new Directors to work with the community in planning the future of our community/HOA.  Based on the above information, and that 221 Members must request to dissolve the HOA and only 165 Members need to vote for "Removal of Any Director", I first and foremost, hereby cast my vote for the "removal" of the following Director(s):

____ Yes - I vote for "removal" of                    from the Board of Directors.

____ No - I want                            to remain on the Board of Directors.

____ Yes - I vote for "removal" of                 from the Board of Directors.

____ No - I want                         to remain on the Board of Directors.

____ Yes - I vote for "removal" of                       from the Board of Directors.

____ No - I want                                        to remain on the Board of Directors.

____ Yes - I vote for "removal" of                       from the Board of Directors.

____ No - I want                                          to remain on the Board of Directors.

DISSOLVE THE HOA?:

___ No, I do not wish to dissolve the HOA at this time. OR

___ Yes, I request that we dissolve the Beachwood Estates Homeowners Association, Inc. with current Directors. OR

___ Yes, I request that we dissolve the Beachwood Estates Homeowners Association, Inc. after removal of the above Director(s).

Sincerely,

Name(s): __________________________________________________________

_

Address:____________________________________________________________________

___________________________________

Signature:_____________________________________________________________________

__________________________________

Current Member(s) of Beachwood Estates Homeowners Association, Inc. CC: Rebecca Bossalina, Director, Beachwood Estates HOA Board of Directors  CC: Kathleen M. Elmore, Esq. & Associates, P.A.

 CC: Rebecca Bossalina, Director, Beachwood Estates HOA Board of Directors  CC: Kathleen M. Elmore, Esq. & Associates, P.A.
*************************************************************

(PAGE 1of 4)      TO: Beachwood HOA Members FROM: The Community Majority
RE: DIRECTOR REMOVAL/DISSOLVE HOA The current Board, except for Rebecca Bossalina, has ignored the majority request to increase the board to nine for two years. In addition, we believe for the past two years (2002/2003 elections) the Directors on the board have received votes from the builder (except for Rebecca). Not every decision is going to make every person happy, but ALL members of this community should always be made to feel comfortable to express their opinion and concerns on issues. The wishes of the MAJORITY should be adhered to. There are 329 homeowners and one empty lot in this HOA.
We need 165 votes/letters from community members to remove the board majority.
We need 221 letters from community members to dissolve the HOA.

1. Please make two copies and sign the attached letter and return the original to Rebecca Bossalina. When we have in our hands, 165 signed letters, we will let you know so you can plan to present a copy to MRA at the community meeting.
CONFIDENTIALITY: We will keep names of all who sign the letter confidential at least until we get the required number of signatures to take action. Your letter/vote will then be mailed in one package with all other community member letters.

2. REMOVE THE BOARD ONLY? IF WE ONLY GET ENOUGH LETTERS TO REMOVE THE BOARD MAJORITY AND NOT DISSOLVE THE HOA, THEN THE PLAN WILL BE AS FOLLOWS: If the board majority is removed (4 out of 5) then I will be the remaining board member with the legal right to appoint four (4) new people. I plan on appointing the four replacements based on whether they were ever on the ballot, how many votes they had, and I prefer they be a supporter of increasing the board to nine. After we increase the board to nine we will call a meeting to elect people to the four additional seats on the board. This will be an opportunity for the previously removed board members to get on the ballot and maybe get elected by only the homeowners this time.

NOTE: Beachwood North did the same thing successfully

3. IF DISSOLVE HOA:
POOL - Currently it costs 329 homes about $     per year to pay for the pool. If the HOA is dissolved, then one option might be to establish a pool membership. I predict two-thirds of the community would participate and the cost to each household would be about $ per year.

4. MRA (Erika Grden): THE BOARD HIRES MRA. In 2003 we paid MRA $.00 per house/per month; in 2004 we will pay MRA $. per house/per month; Also, we pay MRA for OTHER EXPENSES GENERATED BY THE BOARD, such as copies (.15 ea.), labels for each mailing (.15), postage, etc. We believe MRA was paid $       for these additional expenses generated by our HOA Board.

(Page 2 of 4)

 RE: Removal of Directors/Dissolve HOA
THIS IS NOT MY PERSONAL AGENDA.
THIS IS THE AGENDA OF THE COMMUNITY MAJORITY!!!

In response to the Board Majority's email about the above issue not being "valid", I believe if you read the documents that govern THE BOARD and the community, you will see that the statement from the Board majority is not true. In reference to our HOA Corporation's Articles, Declaration, and By-Laws,
1. To dissolve the HOA, per the Articles "SEVENTH" section, requires written notice from two-thirds (221 of the Members) and then "upon any dissolution of the corporation, after discharge of all corporate liabilities, the Board of Directors shall dispose of all assets of the Corporation, ... to be used in furthering ... purposes similar to those for which the Corporation was formed."

PER OUR BY-LAWS AND STATE LAW:
2. To remove a Director, Article IV, Section 3., By-Laws-Board of Directors, "Removal": "Any director(s) may be removed from the Board, with or without cause, by a majority vote" (165) "of the Members of the Association. In the event of or removal of a director(s), his or her successors shall be selected by the remaining member of the Board. for the unexpired term of his or her predecessor."

3. QUORUM: "Section 4. The PRESENCE at the meeting of MEMBERS OR of proxies entitled to cast one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided (Assessment) in the Articles...the Declaration, these By-Laws ... , OR APPLICABLE LAW."

 4. PROXIES. "Section 5 "AT THE MEETINGS OF THE MEMBERS, EACH MEMBER MAY VOTE IN PERSON OR BY PROXY. All proxies SHALL BE IN WRITING and FILED WITH THE SECRETARY. ... "

5. COMMUNITY MEETINGS: Article III, MEETING OF MEMBERS:
Section 1. Annual Meetings. "The first annual meeting of the Members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on the SAME DAY of the SAME MONTH of EACH YEAR THEREAFTER, at a time and place within the State of Maryland selected by the Board do Directors of the Association. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held on the first day following which is not a legal holiday."

The only thing that will be "valid" is what the COMMUNITY MAJORITY says is valid. I hope you will stand up for your rights at the meeting.

(PAGE 3of 4)

IF ONLY A NEW BOARD
THE NEW BOARD'S MISSION STATEMENT (In order of priority):

1. INCREASE BOARD TO NINE.
2. OFFICERS OF THE BOARD hold equal positions/titles. Except additional title for a Secretary and Treasurer. See related By-Laws below:
BY-LAWS ARTICLE VIII OFFICERS AND THEIR DUTIES
Section 1. The officers of this Association shall be a President and Vice-President, who shall at all times be members of the Board of Directors, a Secretary, and a Treasurer, and such other officers as the Board may from time to time by resolution create.

Section 2. Election Officers. The election of officers shall take place at the first meeting of the Board of Directors, and thereafter at the meeting of the Board of Directors following each annual meeting of the Members.

Section 3.Term of Officers
The officers of this Association shall be elected annually by the Board and each shall hold office for one (1.) year unless any officer shall sooner resign, or shall be removed, or otherwise disqualified to serve.

Section 4. Special Appointments of Officers
The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

Section 5. Resignation of Officer Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 6. Officer Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she replaced.

Section 7. Multiple Office. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one (1) of any of the other offices except in the case of offices created pursuant to Section 4 of this Article.

Section 8. Duties of Officers.
The duties of the officers are as follows:
(a) President: The President shall preside at meetings of the Members and of the Board of Directors and shall see that orders and resolutions of the Board are carried out. The President shall have the authority to sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.

(Page 4 of 4)
b) Vice-President: The Vice-President shall act in the place and stead of the President in the event of the President's absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required by the Board. The Vice-President shall likewise have the authority to sign all leases, mortgages, deeds and other written instruments.
(c) SECRETARY: The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board.
(d) TREASURER: The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors"; shall sign all books of account; cause an annual audit of the Association's books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members.

3. COMMITTEES:
We hope to keep most committees. I appreciate all volunteers and do not want to discourage these valuable community members. We hope to find out why more people have not been volunteering. I believe the additions to the board of nine will increase our volunteer base. Each home owner has to be willing to help make changes, such as with advice or actions, and to volunteer to keep the community at a level that will keep our home values at a price level that will be beneficial to all; therefore increasing community participation.

4. BLOCK CAPTAINS: We will officially acknowledge block captains to represent around ten households each (10% of 330). They will attend planning meetings a few times a year and communicate information to their group.

FINALLY: No matter what the result of this letter will be,
a. Remove the board majority only (only 165 signatures) OR
b. Remove the board and dissolve (221 signatures).

We should schedule another meeting at the May 26th meeting to take our time and try to get everyone's feedback so that no mistakes are made and everyone feels comfortable with the decisions made. We want everyone to have a full understanding of how things will work and what each individual home owners responsibilities will be by producing a clear report of ALL INCOME AND EXPENSES and find ways to keep community costs low by using our money more efficiently than the current board.

PLEASE CUT, PASTE, PRINT, COPY AND PASS THIS AROUND.

Very Truly Yours,
Rebecca Bossalina


FAQ FOR PEACE OF MIND

Q:  What form do you use to remove a Director?
A:  See below.

PROXY/BALLOT

The undersigned, being the owner(s) of the premises and homeowner association property interests appurtenant to the address listed below in Beachwood Estates Homeowners Association, Inc. ("the Association"), hereby constitute(s) and appoint(s) ______________________or, if the preceding line is left blank, the Board of Directors of the Association (i.e., a majority of the directors as shall appear at the meeting described below), attorney(s)-in-fact, for and in the name of the undersigned to vote at the Special Meeting of the Members of Beachwood Estates Homeowners Association, Inc. to be held at __:00 p.m. on ___________________, 2004, at the Wells-McComas VFW located at 6521 North Point Road, Baltimore, Maryland 21219, and on such other day and at such other place as this meeting may be held, by adjournment or otherwise, with all the powers the undersigned would possess if personally present. If the number of members present is insufficient to approve any proposed action, the procedure authorized by Title 5, Subtitle 2, Section 5-206 of the Maryland Corporations and Associations Code Annotated may be invoked, provided a majority of members who are present in person or by proxy call for an additional meeting. The undersigned expressly reserve(s) the right, upon demand or by appearance at said meeting, to revoke the agency and proxy powers granted herein. This proxy shall automatically expire eleven (11) months from the date hereof (as indicated below). This proxy may only be used for purposes of meeting quorum requirements and to vote for matters of business before the Membership of Beachwood Estates Homeowners Association, Inc. other than the election of officers and members of the Board of Directors unless the Member has designated his decision below. Unless otherwise directed by designation below, the holder of this proxy shall be entitled to exercise it as he or she, in his/her sole discretion, shall so choose.

REMOVAL OF DIRECTOR _______________________________________________(Director’s Name)

Vote to REMOVE by marking on the line, or to CONTINUE by marking the circle for the Director:

Failure to mark your ballot in either way, indicates your approval for the director to remain.

1. ___________________(Director’s Name) REMOVE __ CONTINUE O

AS WITNESS the signature(s) and seal(s) of the undersigned.

__________________________________(SEAL ) __________________________________(SEAL)

Owner Owner

Address at Beachwood Estates Homeowners Association, Inc.

________________________________________________

________________________________________________

Dated: __________________________________2004

RETURN TO:

MRA PROPERTY MANAGEMENT, INC.

3445-C Box Hill Corporate Center Drive

Abingdon, Maryland 21009

Q:  What was the result of the assessment election (11/22/03)?
A:  We received 201 proxies - 2/3 called for at least 217 - so of course everything failed - Fees for 2004 will be raised 10%
  • For fixed expenses - 90
  • For Special Assessment - 28
  • Against anything over 10% - 79
  • For changing Bylaws for Pools - 79
  • Against changing Bylaws for Pools - 112
Q:  A:  Please clarify the quorum and 2/3 rules. 
A:  Per Erika of MRA:  Everyone needs to understand that quorum requirements for the 1st meeting are 60% of the community TO HOLD THE MEETING if you do not reach the 60% quorum you have a 2nd meeting where the quorum is one half of that TO HOLD THE MEETING.  (Declaration of Covenants, Conditions and Restrictions  8.5)  However to change/amend a covenant or to change the Annual Assessment you need the assent of 2/3 of the community.  A quorum allows you to have a meeting - but to CHANGE anything you need 2/3 of the community to say Yes....66.666%. (8.3, e & 11.9, a)

So yes, we had met your quorum requirements at the second meeting without even having to collect more ballots, however in order to pass the change, 2/3 need to vote yes. 

Q:  WHAT DO WE PAY MRA TO DO?

A:  SERVICES PROVIDED BY MRA Per Erika 1/20/03
  • 1. Keep books and records of the Association and maintain files containing records of common charges, assessments, insurance policies, correspondence, notices, receipted bills, and vouches relating to the Management Firm's duties.
  • 2. Deposit Association funds in a bank (s) designated by the Association Board of Directors (ABOD), and held in trust in special separate accounts not be commingled with other funds collected by Management as agent for others.
  • 3. Disburse payment for approved expenses.
  • 4. Administer checking, savings and CD funds accounts.
  • 5. Prepare, maintain and furnish a monthly and annual accounting of all funds collected and disbursed.
  • 6. Prepare with Board members an annual operating budget for the Association.
  • 7. Handle and perform all billing and collection for common charges and other assessments due from the Home Owner Association (BOA) members.
  • 8. Notify the Board of any delinquent accounts among the Association members.
  • 9. Pursue collection of delinquent charges or assessments.
  • 10. Consult with Association attorney for pursuit of delinquent charges or assessments.
  • 11 .Arrange for suitable meeting place for monthly board meetings, special meetings and annual meetings.
  • 12. Prepare and send meeting notices to HOA members, officers and directors.
  • 13. Attend all monthly board meetings, special meetings and annual meetings.
  • 14. Maintain a register of minutes ofa11 monthly board meetings, special meetings, and annual meetings.
  • 15. Maintain a register of all Association members.
  • 16. Advise the Association on and administer Association liability insurance and common ground liability insurance.
  • 17. Inspect on a weekly basis the Association's grounds.

Q:  Who received votes from Stephens for the May 2002 and the May 2003 elections? 

A:  Contact Erika of MRA for this information.

Q:  What is "conflict of interest"?

A:  According to "Reader's Digest-Family Legal Guide-A Complete Encyclopedia of Law for the Layman", Conflict of Interst is:

"A conflict between a person's private interest and his responsibilities to others.  It occurs when a person's own needs and wishes could lead him to violate his duty toward others who rightfully depend on him.  For instance, when a lawyer has to decide whether to sue his own client or when a judge who is a shareholder in a corporation presides over a lawsuit concerning it, there is a conflict of interest.  Government agencies and officials are particularly sensitive to charges of conflict of interest.  They TRY TO AVOID EVEN THE APPEARANCE OF SUCH A CONFLICT."
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