Covenant Guidelines Adopted by the
Middlebridge Village Homeowner’s Association Board of Directors
(approved April 10, 2024)
The following are guidelines which the Board of Directors intends to follow in carrying out its duties under the Covenants and Bylaws of the Middlebridge Village Homeowners Association.
The following are Quick Links to specific items in this document:
Definitions
Except as otherwise provided, the definitions in the Covenants apply to these guidelines. In addition, for purposes of these guidelines—
(1) The term “AERC” means the Architectural and Environmental Review Committee.
(2) The term “back yard” means the open space that is bounded by the back line of the dwelling, the rear line of the lot, and the side lines of the lot.
(3) The term “Board” means the Board of Directors of the Middlebridge Village Homeowners Association, Inc.
(4) The term “HOA” means the Middlebridge Village Homeowners Association, Inc.
Physical Changes in or Improvements to Your Property
General Rule
As a general rule, any planned change in the outward appearance of your dwelling or property requires the advance approval of the HOA acting through its AERC. The Board is currently carrying out the functions of the AERC.
Examples of changes or improvements which require advance approval include, but are not limited to: color changes on any portion of the exterior of your dwelling, as well as your deck and fence; the installation of a storm door; addition to the dwelling, addition of a sun room or deck; the erection of fences, playhouses and sheds; and the installation of a pond.
Maintenance, Repair, and Like for Like Replacement
The re-siding, repainting, repair, or reconstruction/replacement of a structure or component, including a dwelling, shed, playhouse, mailbox, door, window, shutter, sidewalk, light, screen, awning, patio, driveway, deck, or fence, without any noticeable or substantial change in the structure or component, including its color, shall be considered maintenance and repair and does not require the approval of the AERC.
Approval Process
Requests for approval or questions regarding the approval process should be directed to the current management company. Requests will then be forwarded to the appropriate person or committee. If there is any doubt in your mind whether a proposed change or improvement requires advance approval, it is incumbent upon you to seek the advice of the AERC for guidance.
A request for approval must be submitted in writing and should provide detailed information regarding the proposed change or improvement including, but not limited to: a description of the proposed change or improvement with drawings or pictures if available; a complete statement of the design specifications for the change or improvement including the type and grade of materials to be used; and the proposed time frame for the beginning and completion of the work.
Please note that the AERC has 60 days from the date of submission of a request for approval in which to notify you of the action taken on your request, so you must plan any proposed change or improvement well in advance to allow for the approval process. Furthermore, you should be aware that the initial action of the AERC may take the form of a request for additional information.
The AERC will apply the rules and standards contained in the covenants, as further elaborated in these guidelines.
The AERC and HOA approval does not imply County or other regulatory approvals. The homeowner is responsible for ensuring that all improvements meet County code and zoning requirements, and is responsible for securing all required building permit(s).
A homeowner has the right to petition the Board to reconsider its decision denying the homeowner’s request for approval or imposing conditions on its approval of the homeowner’s request.
Any change or improvement requiring advance approval that is undertaken without such advance approval can lead to sanctions, including the forced removal of the unauthorized change or improvement and civil liability.
Factors Considered in Approval Process
Factors that the AERC can legitimately weigh in considering a request and conditioning an approval generally include: the location of the improvement with relation to the site; the architectural fit to the rest of the community, the type and quality of the materials to be used; the manner of construction; the time frame in which the work is to be begun and completed; and neighbor input.
As a general rule, when the approval of the AERC is required under the Covenants or bylaws for an improvement or change within an owner’s back yard, the AERC will likely grant the approval if the improvement or change meets the following criteria:
1. It does not interfere with anyone else’s property.
2. It is not readily visible from outside the owner’s lot.
3. It does not create an attractive nuisance.
4. It does not impact anyone else’s enjoyment of their property.
Specific Types of Changes and Improvements
A change in the color of the exterior of a dwelling, as well as decks, fences, sheds, and other structures, requires the advance approval of the AERC, except such approval is not required if--
1. The new color is substantially similar to the old color; or
2. The new color is of the same hue as the old color and is on the Middlebridge Village List of Approved Colors for Exterior.
The addition of storm doors requires the advance approval of AERC. The standard adopted by the AERC and ratified by the Board limits approval to "full view" storm doors which are of a neutral, matching or complementary color with respect to the color of the dwelling and the primary door.
The construction of all decks requires the advance approval of the AERC.
The construction of all fences requires the advance approval of the AERC. As a general rule, wooden fences not exceeding six feet in height are allowable, subject, of course, to AERC review and approval. Fences must be behind the front building lines of the dwelling and of the dwellings on adjacent properties. All support timbers, if they must be on one side or the other of the fence boards, must face the interior of your Property. Chain link or other freestanding metal fencing is specifically prohibited except surrounding the HOA's pool and tennis court areas.
The construction of playhouses requires the advance approval of the AERC. A playhouse or similar structure is allowed in a back yard with the approval of the AERC. As a general rule, a playhouse will be approved if it meets the following criteria:
1. It does not exceed eight feet along any dimension.
2. It is built with wood framing construction or pre-fabricated of wood construction.
3. It is made with siding matching the dwelling or with textured wood siding (e.g, T-11) which is painted to match the dwelling or stained natural color.
4. It has roofing materials that closely match the type and color of the materials used on the dwelling.
5. It has a secure foundation.
6. It does not interfere with the natural or man-made grade or interfere with the natural flow of water or drainage to either adjoining lots or common area.
Other playhouses or similar structures, including those made of composite plastic or those with other colors, may be approved at the discretion of the AERC, but metal structures shall not be approved.
The construction of swing sets and sandboxes does not require the advance approval of the AERC, subject to the limitation set forth in the covenants that they be placed in back or side yards behind your front building line of the dwelling.
A storage shed or similar structure is allowed in a back yard with the approval of the AERC. As a general rule, a storage shed will be approved if it meets the following criteria:
1. It does not exceed eight feet along any dimension.
2. It is built with wood framing construction or pre-fabricated of wood construction.
3. It is made with siding matching the dwelling or with textured wood siding (e.g, T-11) which is painted to match the dwelling or stained natural color
4. It has roofing materials that closely match the type and color of the materials used on the dwelling.
5. It has a secure foundation.
6. It does not interfere with the natural or man-made grade or interfere with the natural flow of water or drainage to either adjoining lots or common area.
Other sheds or similar structures, including those made of composite plastic, may be approved in the discretion of the AERC, but metal sheds or structures shall not be approved.
A dog house is allowed in a back yard with the approval of the AERC. As a general rule, a dog house will be approved if it meets the following criteria:
1. does not exceed 5 feet along any dimension
2. has a natural wood finish or is painted the same color as the dwelling.
The construction of a dog run, kennel, or other animal enclosure is expressly prohibited.
Decorative lawn ornaments are allowed with the approval of the AERC. Please note the following criteria:
Stone statues, wooden, stone, or concrete benches, and ornaments that are inconspicuous and do not exceed 18 inches along any dimension will likely be approved.
However, no approval is necessary for:
1. Ornaments located in the back yard that are not readily visible from outside the owner’s lot.
2. Holiday ornaments, including lights, during the period that begins 30 days before the holiday and ends 30 days after the holiday.
As a general rule, vegetable and flower gardens and the planting of trees and shrubs do not require the advance approval of the AERC. Vegetable gardens, however, are restricted to back and side yards. In addition, trees and shrubs cannot be planted in a location or manner that will interfere with easements or sightlines for vehicular traffic on roadways or driveways.
Signs, except those erected and maintained by the HOA, are generally prohibited. Signs that are allowed are limited to the following:
Yard sale signs and signs informing the community about community events (Pool party, leaf collection, community meetings, etc.) are permitted but must be taken down within 3 days after the event.
Candidate signs as defined in section l l B-111.2 of the Maryland Real Property Article are permitted on an owner's lot but must be taken down within 8 days after the election.
Family childcare home, a no-impact home business, or a professional office, which is allowed under the Covenants, may be attached to a dwelling where the childcare home, no-impact home business, or professional office is maintained. The sign may not exceed two (2) square feet in area and may not be illuminated.
A temporary real estate sign not exceeding six (6) square feet in area may be erected upon a lot or attached to any dwelling placed upon the market for sale or rent. Any such temporary real estate sign must be taken down promptly following the sale or rental of the dwelling.
Commercial advertising signs* are permitted on an owner's lot but must be taken down within 3 weeks after job completion.
*Note- “Commercial advertising signs" are signs which owners get a rebate or discount. For example, a window company replaces my windows - and states that the owner can get a five percent discount off their price if a sign is left up for three weeks.
Definition: A permanent structure to hold water, not considered a swimming pool or hot tub.
A pond is allowed in a back yard with the advance approval of the AERC. As a general rule, a pond will be approved if it meets the following criteria:
1. The surface area is no more than 50 square feet.
2. The depth is no more than 24 inches.
3. The pond has a properly working pump to circulate the water.
4. The yard containing the pond or the area around the pond is completely surrounded by a fence that is at least 4 feet high.
Definition: A permanent or semi-permanent structure to hold water used for swimming.
Since all homeowners have access to the community swimming pool, and due to the small and odd lot sizes, it is deemed that construction of swimming pools on individual lots will not be permitted. Note: Children's wading pools are permitted. Hot tubs are permitted provided they meet county regulations and have prior AERC approval.
Solar panels mounted on a roof do not require AERC approval.
Antennas and dishes generally do not require AERC approval. Nothing in the Covenants, bylaws, or rules of the Association shall be enforced in violation subpart S of chapter 1 of title 47, Code of Federal Regulation, “Preemption of Restrictions That ‘Impair’ the Ability to receive Television Broadcast Signals, Direct Broadcast Satellite Services, or Multi-channel Multipoint Distribution Services or the Ability To Receive or Transmit Fixed Wireless Communications Signals”. Neither the Board nor the AERC may violate the rights of an owner under such subpart S to place and maintain an antenna on the owner’s lot.
Dogs and other ordinary domestic pets are allowed on your property. Farm animals, or any animals kept or raised in the conduct of a business or trade are not allowed. A persistently barking dog will be deemed to constitute a nuisance, and both the HOA and the County will require the abatement of nuisances.
Dogs and other pets must be maintained on a leash when on walks, and owners are responsible for picking up and properly disposing of their pet’s poop.
Trash and trash/recycling containers are to be kept out of sight and off curbs except on the days of trash pickup.
Lawns and landscaping must be maintained in an orderly and neat fashion. No accumulation of litter or refuse is permitted. Lawns must be cut on a regular basis, no less than 7-10 days between cuttings during the growing season. Lawn equipment must be stored out of sight except when in use.
Garage doors may be left open when a resident is outside and around the dwelling but should be maintained in a closed position at all other times.
The use of all common areas is to be governed by the principles of courtesy and mutual respect. All members of the community, young and old, should conduct themselves accordingly. Foul language, bullying, or any form of physical or verbal attacks on or near any HOA facilities will not be tolerated and will result in the loss of the privileges to use HOA facilities.
The use of the swimming pool is open to all members of the community who are current in their payment of HOA assessments. Pool registrations are issued to full-time residents members of each household upon the completion of the required registration form each year. Each household may bring two guests at any time.
Continued use of the swimming pool is conditioned upon obeying the rules of the pool as established by the HOA and the pool staff.
The use of the tennis court and pickle ball courts is open to all members of the community who are current in their payment of HOA assessments. No bicycle, skateboard or the like is allowed on the tennis court at any time. Continued use of the tennis court is conditioned upon obeying the rules of the court as established by the HOA.
The use of the all-purpose court is open to all members of the community. Continued use of the all-purpose court is conditioned upon obeying the rules of the court as established by the HOA.
Use of the tot lot is restricted to children of an appropriate age accompanied by a responsible adult.
Pets are not allowed upon the common areas unless accompanied by a responsible person and unless they are carried or leashed. Montgomery County law requires that all dogs be on a leash when being walked through the community. However, pets under the immediate control of the responsible person may be allowed off-leash on the all-purpose court.
1. Children have priority use of the all-purpose court.
2. The pet's owner is responsible for removing all pet waste from common areas.
The rules governing payment and collection of HOA assessments, fees, and penalties are covered in the Board of Directors’ Administrative Resolution for Collection of Assessments adopted May 8, 2013.
The HOA assumes no responsibility for damage done to vehicles parked within the community.
The HOA assumes no responsibility for damage done to vehicles parked within the community.
All motor vehicles shall display valid license tags and be maintained in proper operating condition so as not to be a hazard or be a nuisance by noise, exhaust emissions or appearance.
Vehicles may only be parked in designated spaces, driveways, and public streets (as permitted by county and state law) and may not impede or block HOA or public sidewalks.
The parking of vehicles over 3/4 ton, junk vehicles, trailers, campers, house trailers, boats, motorhomes or the equivalent other than in garages is expressly prohibited both in private driveways and on common property and public roadways.
Major repair of vehicles is expressly prohibited in the community. Repairs for general maintenance of a resident's personal vehicle are permitted. All vehicle maintenance shall be completed within 24 hours.
Any vehicle in violation of the rules listed here or in the Covenants shall be subject to towing at the vehicle owner's risk and expense.
Owners of homes are responsible for the vehicles of their guests/tenants and must ensure their quests/tenants observe these rules and regulations.
The posted speed limit on all public streets within our community is 25 mph.
Additional Private Street Vehicle and Parking Policies and Rules
1. Black Walnut Court, Hickory Hill Lane, Hickory Hill Court, Lantern Hill Court, and Valley Bridge Court are all private streets owned by Middlebridge Village Homeowners Association and are common areas.
2. Vehicles may only be parked in designated spaces. All areas on the private streets not designated as parking spaces by lineage are considered driving lanes or fire lanes and may not be used for parking any vehicles.
3. Each townhome is assigned two (2) parking spaces together with the right of ingress and egress in and upon such assigned parking spaces. Spaces are designated by numbers corresponding to lot numbers.
4. Owners may request a vehicle parked within his (her) reserved space towed by contacting the management company.
5. The visitor parking spaces at the beginning of Hickory Hill Lane are unassigned and can be used for guest or pool parking.
6. No one vehicle shall occupy more than one parking space.
7. Storing of vehicles is not permitted in visitor spaces. A vehicle that occupies the same space without moving for a period in excess of twenty-four (24) hours shall be considered stored.
8. The speed limit on all private streets in our community is 15 mph.
The Board has adopted the following procedures for removing vehicles parked in violation of the rules: Notices will be placed prominently on a window of the vehicle indicating that it is in violation and that it will be towed. If the vehicle is not moved within 24 hours, it will be towed and the owner of the vehicle will be responsible for all costs for towing and storage. Notwithstanding the above, a vehicle parked in a fire lane or in a place otherwise endangering persons or property may be towed without prior notice.