Covenents & Rules

Click here for a PDF of the original Deed of Covenants, Restrictions and Conditions

The following covenants and deed restrictions control and limit the use of all residential lots in Hillsmere. Recorded among the Land Record of Anne Arundel County, Maryland in Liber 900, Folio 334, they are binding as a matter of law and are for the benefit of all other lot owners in Hillsmere.

1. Hillsmere Shores Improvement Association, Inc., has the right to use an easement over a strip of land five (5) feet in width along the rear line of each of the lots as shown on the plats of Hillsmere for the purpose of laying, erecting, maintaining, repairing pipes, poles, wires, conduits, and other material and equipment for gas, water, electric light, power, telephone, telegraph, sewerage, and other public or community service and utility.

2. No building or other structure may be erected, converted, permitted, maintained or operated for any other purpose than residential, and no business of any kind shall be permitted except by special permission of HSIA, and then must be in a specially designated area.

3. The Building Committee of HSIA must approve the exterior plan and construction or any alterations of any building and the position of the building on the lot. No construction shall commence without first having a permit issued by the HSIA Building Committee. No building shall be more than 2½ stories in height. No fence, sign, billboard or advertising matter of any kind may be placed upon any lot without the approval of HSIA.

4. No building, or part thereof, except as hereinafter provided, shall be erected or maintained on any part of any lot, as shown on the plats of Hillsmere, closer than thirty (30) feet to any road, street, or highway thirty (30) feet or more in width on which the plot upon which the building is erected fronts. No building or any part thereof erected shall be closer than fifteen (15) feet from the division line of any lot, and only one building for private residential purposes shall be erected on each lot. HSIA has the right to approve deviation from these distances if the contour or shape of a lot will not permit compliance with these restrictions.

5. No privy, cesspool, vault or any other form of privy, except sewage systems as approved by HSIA, and no toilets or bath houses shall be erected on the property except in such as shall be built in or attached to either the main dwelling or garage and shall be constructed in compliance with the Health Department Regulations and may not drain into the tide waters of the South River or any pond, creek, or lake.

6. No lake, pond, park, playground, wharf, pier or community beach shall be construed by these covenants, restrictions and conditions as dedicated to the public.

7. No tent or other structure or trailer intended for temporary or permanent living quarters shall be permitted.

8. No animals shall be kept or housed on any lot or in any building situated on any lot in numbers, that in the opinion of HSIA, may be considered obnoxious to the health, peace and quiet of any purchaser in Hillsmere or HSIA.

9. No waterfront property owner may erect any fence, piers, wharfs, or any other obstructions to water rights without obtaining written permission of HSIA.

10. All covenants, restrictions and conditions are to run with the land and are to be expressly recited by reference in all future conveyances. A majority of owners of the lots may amend, cancel, annul or obligate any and all of the covenants, restrictions or conditions by a written, duly executed instrument properly recorded among the Land Records of Anne Arundel County.

11. Any violation of any of the foregoing conditions, covenants and restrictions shall be a breach, and HSIA or any purchaser may exercise their rights in any Court of Record against said violation.

7. No littering of beach or community property. All trash and debris must be disposed of in the proper manner.

8. No signs can be erected or placed on community property without the approval of the Hillsmere Shores Improvement Association's Board of Directors, and can only be erected on places designated by the Board of Directors.

9. Lids must be provided, and must be kept tight on all trash cans at all times.

11. Builders must provide cans at building site for trash created by workers at the building site.

12. Weeds on any lot in Hillsmere Shores must be cut at least once during the growing season, preferably before going to seed.

13. No animals shall be kept on any lot or in any building situated on any lot in numbers that in the opinion of the Hillsmere Shores Improvement Association may be considered obnoxious to the health, peace and quiet of residents. No ponies, goats, sheep, cows or other farm animals shall be kept or housed on any lot in Hillsmere Shores.

14. Boat parks and moorings are for the boats of the property owners and residents of Hillsmere Shores only.

16. No commercial vehicle shall park overnight on Hillsmere Shores roads. Parking of commercial vehicles is permitted on private property.

18. Approval must be obtained from the Board of Directors of Hillsmere Shores Improvement Association for group activity at picnic and beach areas.

20. It is unlawful to remove stakes marking road curbs or storm water drains for snow removal purposes.

22. All bicycles must have proper lights after sundown on roads in Hillsmere Shores.

23. Political signs supporting or opposing candidates for public office or ballot questions may be placed on privately owned lots by the property owner or resident for up to 30 days before or 7 days after a public election. The signs must be no greater than 2 by 3 feet or equivalent area. Political signs may not be placed on HSIA property.

The beach is open to all residents (and property owners) of Hillsmere between 8:00 a.m. and sunset. All cars must display a Hillsmere sticker. Vehicles without stickers are subject to be towed at the owner’s risk and expense.

All residents are permitted to bring guests; however, the number of guests per resident is limited to eight (8) people. Extra guest privileges can be granted by the Administrative Officer. Any resident who wishes to bring more than eight (8) guests to the beach should apply for guest permits by calling the Administrative Officer or writing to the HSIA.

The maximum number for any single party at the beach is 40 guests. Temporary parking permits can be made available for a specific date. Maximum number of temporary parking permits is 20.

To reserve the large pavilion for a specific date, please call the Administrative Officer at 410-263-4456, mailbox #2. A deposit of $200 is required, which will be refunded when all trash is removed by the host (this includes the trash can at the large pavilion and the trash can directly behind the large pavilion at the parking lot). Usually the refund will be made within three (3) days after an inspection by an HSIA designated person.

Alcoholic beverages and their consumption are banned from the beach, playground and parking lot, except with the prior written approval of the HSIA Board of Directors or its representative.

No loud noise will be tolerated and can cause immediate termination of guest permits. No amplified music.

The beach can be closed anytime by any officer of HSIA or any other designated person.

Guests are not permitted to bring any sailboards, surfboards, jet skis, boats or other types of water craft to the beach premises.

Interfering with the nettle nets or cable is strictly prohibited. Only persons authorized by HSIA may lower or raise nettle nets. Do not hang on nettle nets or cable.

POLICY:

The Boat Park located at 614 Beach Drive is available to all members of H.S.I.A. for storage of small boats and trailers. Use of the Park shall be limited to storage of boats on trailers and empty boat trailers only. An annual fee shall be charged for the use of the park.

The Piers and Harbor Chairman shall appoint a Park Administrator to supervise the operation of the Boat Park and to enforce the regulations as required. The Administrator will issue a space [control number] and key to the facility to be used upon payment of the established fee. The Administrator shall maintain a current “wait list”. The Administrator has the authority to request the removal of any item that does not conform to the regulations.

Because of the proximity to residential dwellings, the Park and its contents shall be maintained in a neat and clean manor. A locked gate shall control access to the Park.

REGULATIONS:

1. The Park is accessible by key; this is a separate key from the boat ramp key. The gate shall be locked at all times.

2. The fee charged shall be $65 per trailer annually, in addition to H.S.I.A. membership.

6. All boats and trailers must be in working condition and display a current registration with the State Of Maryland [if applicable]. Upon notice that the boat or trailer is considered to be in a non-working condition or in an advanced state of disrepair, the owner shall have 30 days to correct the condition or the boat / trailer may be removed at owners risk and expense.

7. All trailers must display a H.S.I.A. control number in order to identify the owner for contact. The number will be assigned when the item is registered with the Park Administrator or by calling the H.S.I.A. Administrative Officer at 410-263-4456.

8. All boats MUST be covered or positioned to drain in order to prevent the accumulation of water and debris which promotes the breeding of mosquitoes.

9. If ownership of a boat and or trailer located within the park can not be established, the Park Administrator will advertise the item in THE SEA BREEZE and THE CAPITAL. If, after 30 days ownership can not be determined, the trailer and or boat will be auctioned or removed to the ANNE ARUNDEL COUNTY LANDFILL. If owner is located they shall be responsible for all expenses incurred.

10. Violation of the above policy and regulations may result in removal of the boat or trailer from the Park.

MARINA RULES AND REGULATIONS

Approved by the HSIA Board on January 26, 2006
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1. Applicants and slip holders must be property owners in Hillsmere. Renters may assume the rights of property owners provided: (1) written permission from the property owner is submitted for each 12 month period and said notice contains a waiver of the property owner's right to apply for a slip in the property owner's name for the duration of said period; and (2) the property owner is not a current holder of any slip. The user of a dinghy rack is not considered to be a slip holder under the definition of these rules and regulations.

2. Applicants and slip holders must be current members of HSIA. Any lapse in membership will cause an applicant's name to be removed from the waiting list and/or will cause the immediate termination of a slip lease.

3. All members of the slip wait list must renew their wait list membership annually. Wait list membership renewal must be completed on or before Come And Get It Day using procedures specified by the Piers & Harbors Chairperson. Failure to renew HSIA membership and slip wait list membership by the Come And Get It Day deadline will result in removal from the wait list and loss of current position on the wait list. Removals will take place without notice from HSIA.

4. Owners of property in Hillsmere may only be assigned one slip, regardless of the number of properties owned. Multiple owners of record shall be considered one person for the purpose of this regulation.

5. New slip holders must own a boat properly registered in their name and insured in accordance with the requirements of the H.S.I.A. slip contract. All boat insurance policies must include a minimum of $100,000 liability coverage. A grace period, not to exceed 60 days, may be granted by the Chairperson of Piers and Harbors, to accommodate individuals buying a new boat or trading boats, provided adequate documents show that a change in boats is in progress. Photocopies of boat title, current registration and/or documentation, Vessel Ownership Affidavit provided by HSIA (if multiple owners), and insurance policy, all bearing the name of the slip holder will be required with the slip rent payment. Slip rent payments will not be accepted without the required documents. Payment for newly assigned slips is due in full within thirty (30) days of slip acceptance. Failure to meet payment deadline will result in loss of slip.

6. Any boat in the marina must be at least 50% owned by one or more Hillsmere residents. All the names must be officially shown on the documentation, if USCG documented, or on the MD registration. In addition, all owners must sign a notarized statement, provided by HSIA, attesting to the percentage of ownership. Any current slip holders (boats assigned slips as of March 1, 2005) that do not meet the ownership requirement will have until April 1, 2006 to either come into compliance or give up their slip.

7. A person may have full or part ownership in no more than two boats in the marina but may own more that 50% of only one of them.

8. Current slip holders must own a boat properly registered in their name and insured in accordance with the requirements of the H.S.I.A. slip contract. All boat insurance policies must include a minimum of $100,000 liability coverage. Canceling boat insurance or allowing a boat insurance policy to lapse without replacement will result in loss of slip. Current slip holders who will be acquiring a new boat must notify the Chairperson of Piers and Harbors. Slip maybe subject to temporary reassignment. A current slip holder who will be acquiring a new boat must own said boat by the deadline for slip renewal or forfeit his/her slip. This deadline may be extended for 60 days by the Chairman of Piers and Harbors. Any slip holder who forfeits his/her slip and, if wishes, will be placed at the bottom of the waiting list.

9. Slip assignments or reassignments will be offered in the following priority: (a) slip holders who are over- or under-slipped; (b) slip holders desiring relocation; (c) persons on the slip waiting list. Any change in slip assignments made by the Chairperson of Piers and Harbors shall take effect immediately and shall be final. The Chairperson of Piers and Harbors has the right to reassign slips as necessary, such as when a small boat is in a large slip and smaller slips are available, or when the slip in question is too small for a large boat. Chairperson of Piers and Harbors has the absolute right to change a slip holder's slip whenever it is in the best interest of the total assignment of all slips.

10. The Chairperson of Piers and Harbors will use diligence to notify eligible applicants by telephone and/or certified mail that a slip is available for assignment. However, if after 15 days these attempts are still unsuccessful, the next applicant on the waiting list will be offered the available slip; this will not result in a loss of any relative position on the waiting list, and does not constitute a slip rejection.

11. An offer of a slip assignment must be accepted within 15 days following notification or the next applicant will be offered the slip. Failure to accept an adequate slip will be considered a slip rejection.

12. Applicants may reject an adequate slip offer once. Upon a second rejection, the applicant will be placed at the bottom of the waiting list.

14. After accepting a slip, an applicant may request a slip relocation. Any rejection of a relocation offer will not cause a loss of position on the relocation list.

15. Payment for newly assigned slips is due in full within thirty (30) days of slip acceptance. Subsequent annual payments and renewal contracts must be received by HSIA by February 28th. Photocopies of boat title, current registration and/or documentation, Vessel Ownership Affidavit provided by HSIA (if multiple owners), and insurance policy declarations page, all bearing the name of the slip holder will be required with the slip rent payment. Slip rent payments will not be accepted without the required documents. Failure to have payment accepted by the payment deadline will result in loss of slip.

16. Slip assignment contracts must be signed by all registered owners of the boat.

17. Slip assignments are made to ensure the fairest and greatest use of the marina slips by the residents of Hillsmere. Slip holders who fail to use their slips on a regular basis shall have their slip assignments terminated, unless they can show good cause for said lack of use.

19. The marina may not be used as a base for the chartering of boats or carrying of paying passengers.

20. Liveaboards are not permitted. No one is permitted to live on a boat occupying an assigned dockage for a period of more than 7 days per month and not to exceed more than 28 days per year, without written permission from the HSIA board.

21. Refunds for slip fees will only be granted if the vacated slip is reassigned. Refunds will be prorated from the date of reassignment and will not be made until payment, in full, is received from the new slip holder/reassigned party.

22. Slip holders may allow guests to occupy their slips or, if available, the transient slip, but only with the prior approval of the Chairperson of Piers and Harbors. Guest privileges are limited to a maximum of 14 days per year. A daily "rental" rate of $25 per day shall be charged and shall be payable to HSIA.

23. All boats are to be kept in a safe, operable, and seaworthy condition as determined by the Chairperson of Piers and Harbors. Upon notice that the boat is not safe, operable, or seaworthy, the slip holder shall have 30 days to correct same, or the boat may be removed from the slip by HSIA at the slip holder's risk and expense. Slip holders who have their boats removed by HSIA shall have their slip assignment terminated immediately. The Chairperson’s decision to remove a boat from a slip will be automatically reviewed by the Grievance Committee.

24. All boats in slips must display, no later than April 1st each year, a current Maryland registration or documentation sticker, except for boats not required to be registered. All boats must display a current HSIA sticker. A boat in any slip that does not display a current Maryland registration or documentation sticker (if required) and a current HSIA boat sticker shall, at the discretion of the Board of Directors of HSIA, be subject to an immediate termination of the slip assignment.

25. A slip holder shall be responsible for any damage caused by his boat, regardless of who is operating it. Slip holders shall ensure that caution and boat handling safety is exercised on their boats at all times. There shall be no speeding in the harbor. This is defined as "showing no wake." Watch for swimmers, small boats, dinghies, and any other obstructions in the waterway.

26. No improvements, repairs, or modifications to slips or docks are permitted without the express written consent of the Board of Directors of HSIA.

27. Boat operators shall obey all regulations of the United States Coast Guard and the Natural Resources Article of the Annotated Code of Maryland. No overboard discharging of heads is permitted at any time.

28. The gate at the "Sandspit" is to be locked at sunset. Slip holders using the marina after sunset should lock the gate when entering or leaving the marina. The gates at all ramps are to be kept locked at all times, when not in actual use.

29. The cost of one ramp or "Sandspit" key is included in the slip fee. Replacement keys are at the expense of the slip holder. Locks to the ramps are changed annually. Keys to the boat launching ramps are available, upon payment of the key charge, to non-slip holder residents of Hillsmere who are members of HSIA from the HSIA Administrative Officer. All keys are issued either through the mail or at a special key pick up day as determined by the HSIA Board of Directors.

30. There shall be no storage of equipment, trailers, small boats, or dinghies on HSIA property, except in designated dinghy racks or the HSIA Boat Park on Beach Drive. All trailers and boats stored on HSIA property shall display a current registration and/or license tag and/or an HSIA identifying number and shall be kept in working/operable condition.

31. Slip areas are posted for no trespassing and only property owners and their guests, in the property owner's presence, are permitted to use the premises. Any property owner may notify the police to have unauthorized users removed. The police will act on the authority of the posted signs.

32. All ramp and "Sandspit" users are required to help keep the area clean. (If you see trash, please pick it up.) Camp fires and overnight camping are not permitted on the boat ramps or the parking area or the beach area of the "Sandspit."

33. Operating boat engines in gear, while secured in a slip, is prohibited. Any "blowing out" of slips without the written approval of the HSIA Board of Directors will result in immediate termination of the slip assignment and the operator shall be liable for any damages caused by such action.

34. In order to be considerate of our neighbors, no slip holder/guest should cause a disturbance at any time. All noise should be kept to a minimum after 10:00 P.M.

35. The use of grills or any other open flames is totally prohibited on any boat berthed at the marina. The use of a portable heating device is prohibited on an unattended boat. The use of a permanently installed galley stove is permitted on an attended boat.

36. The use of contractors is permitted as long as the contractor is properly insured. Any damage that is caused by contractor to either marina facilities, other boats, or the environment, and is not covered by the contractor’s insurance, is the responsibility of the slip holder/boat owner.

37. Pets are permitted in the marina areas; however, County law requires that pets be on leashes. Pet droppings must be removed by the pet owner.

38. The Chairperson of Piers and Harbors, or their assistant, when necessary has the right to board a boat in a HSIA slip.

39. Violations of any of the foregoing regulations may subject the violator to loss of his/her assigned slip or removal of his/her name from the slip waiting list.

40. Any disputes arising from the enforcement of any of these rules can be brought to the Grievance Committee to attempt a resolution. The Grievance Committee will meet within fifteen (15) days of notification by slip holder’s grievance. A slip holder can appeal decision of Grievance Committee to the Board at the next Board meeting.

41. Any action taken by the Board of Directors of HSIA to remove a boat from a slip when that slip assignment has been terminated or changed in accordance with these rules and regulations shall be at the risk and expense of the slip holder whose boat has been determined to be in violation of these regulations.

42. The slip holder by accepting and using a slip acknowledges that there are risks inherent in docking a boat at a slip or pier open to the public, including but not limited to trespassers, vandalism, destruction of property, unsafe boat handling by others, high tides, storm damage and other causes beyond the control of H.S.I.A., its officers, Directors and agents. H.S.I.A., its officers, directors and agents shall not be responsible for any loss or injury that befalls a slip holder, their family or guests or the property of same which is not caused directly by the negligence of H.S.I.A., its officer, Directors or agents. H.S.I.A. shall not be an insurer or guarantor of the safety and security of any boat, person or equipment in or around any slip. H.S.I.A., its officers, Directors and agents have no duty to check or re-tie any boat or to patrol and guard any property or equipment on an boat in any slip. Each slip holder for themselves, their heirs, assigns and representatives assume full and sole risk of harm to themselves, their guests, their boat and their equipment.