No.

As an owner of a lot in the Hickory Nut neighborhood you are a member of the Association and your property is legally subject to the easements, restrictions, covenants and conditions of the Association regardless of your desire to participate or not.

Refer to Article II, Section 2 of the Declaration of Covenants, Conditions and Restrictions and Article V or the Articles of Incorporation on the Download page.

Back to Top

Assessment payments that are not paid within 30 days of the due date will be charged a late fee of $25 and interest at 10% per annum compounded monthly.

A lien is placed against the property for the unpaid assessment together with late fees, costs and reasonable attorney's fees. The Association can forclose on the lien to recoup delinquent fees.

Assessment payments are due to the Association Treasurer no later than July 1st and January 1st. Notification of assessment payments are mailed no later than 30 days prior to the due date.

Refer to Article IV, Section 8 of the Declaration of Covenants, Conditions and Restrictions on the Download page.

Back to Top

No.

Assessments are fixed at a uniform rate for all 169 lots within the Hickory Nut neighborhood regardless of use, or lack thereof, of services or common areas.

Refer to Article IV, Section 6 of the Declaration of Covenants, Conditions and Restrictions on the Download page.

Back to Top

Yes.

The Board of Directors may increase the assessment by a maximum of 5% each year without approval of the members.

Increases above that require approval by 2/3rds of a quorum (a quorum being at least 60%) of eligible members voting in person or by proxy.  If the required quorum is not present at a meeting called to take action on the assessment, a subsequent meeting can be called within 60 days at which the quorum requirement is 1/2 of the preceding meeting quorum requirement.

Refer to Article IV, Sections 4-6 of the Declaration of Covenants, Conditions and Restrictions on the Download page.

Back to Top

Yes.

Amendments to the Articles of Incorporation require aproval by 75% of all eligible members.

Amendments to the Declaration of Covenants, Conditions and Restrictions require aproval by 75% of all eligible members.

Amendments to the By-laws require a simple majority of a quorum (a quorum being at least 1/10th) of eligible members voting in person or by proxy.

Amendments to the Architectural Review Procedures and Regulations require a simple majority of the Board of Directors.

Amendments to the Articles of Incorporation and Declaration of Covenants, Conditions and Restrictions must be recorded at the State Department of Assessments and Taxation.

Refer to Article VIII, Section 3 of the Declaration of Covenants, Conditions and Restriction; Article IV, Section 5 of the Architectural Review Procedures and Regulations; Article XIII, Section 1 of the By-Laws; and Article X of the Articles of Incorporation, all found on the Download page.

Back to Top

The owner (or owners) of each lot in Hickory Nut have one vote per lot owned. Only one vote may be cast per lot. Voting may be done in person at an announced meeting or by proxy. Anyone who is more than 30 days delinquent in payment of an assessment due to the Association is not eligible to vote until they have cleared their debt.

Refer to Article III, Sections 6 & 7 of the By-Laws, Article VI of the Articles of Incorporation and Article II, Section 3 of the Declaration of Covenants, Conditions and Restrictions on the Download page.

Back to Top

A proxy is a written authorization, a power of attorney, that permits another individual, party or entity (such as the Board of Directors) to vote on your behalf in accordance with your instructions. In the absence of your instructions that individual, party or entity may vote as they deem appropriate. A proxy must be in writing and filed with the Association Secretary. It remains in effect until revoked.

Refer to Article III, Section 5 of the By-Laws on the Download page.

Back to Top

As a general rule-of-thumb the Association strives to maintain reserves equal to one third of our annual budget.

Once the reserve fund has been "topped off" any surplus funds are returned to the operating fund. If there is a surplus in the operating fund at the end of the year, assessments for the following year will be adjusted based on this surplus.

Back to Top

Animal Control Regulations are contained in chapter 212 of the St. Mary's County Municiple Code. Click HERE to open the Code. You may have to click the Marland Code folder to open it, then click the Chapter 212 folder to view the regulation. Viewing the Code requires that you allow cookies on your web browser.

The Association does not enforce Animal Control Regulations. Infractions of these Regulations should be reported to the Animal Warden (see the Town Watch page).

Back to Top

A shed or gazebo of less than 300 square feet and without plumbing does not require a building permit from the County. It does require approval of the Association's Architectural Committee and the Board of Directors. A detached structure must be no higher than 40 feet. It can not be built in the front yard or encroach on any recorded easements. It must be built at least 5 feet from the rear or side property lines and 10 feet from any other structure. Any electical work is to be done by a St. Mary's County Master Electrician or the homeowner after passing the electical exam.

Back to Top

No. The Association's mailing address is only a mailbox, not a physical address. Services like FEDEX, UPS and sometime even USPS express mail will only deliver to a physical address. Send your correspondence using USPS first class or priority mail. If you think your item will arrive after a deadline, contact the officers and advise them of what you have mailed and when you mailed it.

Back to Top

Yes. Section 207 of the Telecommunciations Act of 1996, as cited in 47 C.F.R. 1.4000, prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal via a satellite dish.

Back to Top