Frequently Asked Questions
1. What are the office hours?
a. The office is open to the residents on Tuesdays and Thursdays from 10 AM – 3 PM. If you have a situation that you feel can not wait until one of these days, and there is someone in the office, feel free to knock on the door and we will do our best to assist you.
2. Why does our manager only work two days a week?
a. While the office is only open to the residents two days a week, our management works full time. The remaining three days are designated as “closed” days to allow time for paperwork, property inspections, court, etc. Again, if someone is at the office, we will do our best to assist you even on “closed” days.
3. I drive through this community and see many properties that are in violation of the covenants, rules & regulations – what am I paying association fees for when nothing is done to uphold the rules of the association?
a. The Association works very hard in its attempt to enforce the covenants, rules & regulations. Unfortunately, many residents ignore the requests of the Association to bring their property into compliance. When residents ignore the Association’s requests to come into compliance, the association is forced to spend additional funds on follow up letters and eventually legal fees in order to bring properties into compliance. We understand it can be frustrating waiting for results on a property you have to live near or drive by on a regular basis. Please understand that this can sometimes be a long process and though it may appear that nothing is being done, in most cases we are working towards a resolution. The hold up generally comes from waiting on court dates to be scheduled by the Court. If you have a violation that is particularly bothersome to you, please do not hesitate to report it to the office. It is always possible that with as many as we have to process regularly, we may have missed some and any assistance given from the residents is always appreciated.
4. Why are we not allowed to use the dumpsters for leaves and yard debris on Community Clean Up day?
a. We have contacted the county land fill to discuss this option with them, and unfortunately it is not an option they will agree for us to pursue. They explained that the cost is too excessive for this type of debris and the boxes fill up so quickly that it becomes an issue of trucks running up and down the street picking up and delivering all day; so they will not allow us to use their dumpsters for lawn waste unless it is a specific association project such as a lot clean up where we will be utilizing the dumpster for a few hours for a particular project. We explored the option of contracting with another organization but the cost and the possibility for a large mess to occur makes it impossible.
5. Why do I have to pay a “road fee” to the association when I already pay a “road tax” to the county and I live on a county road?
a. There is a major difference between the association “road fee” and the county “road tax”, though we understand how that might be confusing.
i. The “road tax” item that you see on your county tax bill is referring to a road tax district that was created between the residents of White Sands who live on those particular roads and the state highway administration during the construction of those roads. The association did not have the funds to completely build most of the roads in the community to county standards in order for the county to take over their maintenance, so they asked the SHA for assistance to make up the difference and create a road tax district. An agreement was made that the Association would use the funds at their disposal to pay for a portion of the construction and the balance would be treated essentially as a 20 year “loan” from the SHA to the residents living on a particular road to have that road built to the county standards.
ii. The “road fee” that is charged by the Association is a covenant required fee that all property owners in the community pay for the construction and maintenance of those roads remaining in the White Sands inventory. As long as there are private roads remaining in the community, the association will be required to collect this fee in order to cover the expense of road construction/maintenance and their related administrative costs. The Calvert County Court has consistently upheld the legal right and authority of the Association to collect the roads fee, regardless of whether your lot is located on a County road or a private road.
6. My road is already built and is being maintained by the county so why do I have to continue to pay for the White Sands roads that have yet to be built?
a. This is a very good question that we hear quite often. We understand that it may sound odd that you are continuing to pay for other roads in the association when yours is already owned by the county. However.
i. The Calvert County District and Circuit Court has ruled that “roads” are referring to the entire road system, which means all residents pay for the roads for the entire community.
ii. Because the roads in this community are considered as a “system” and not just individually, we all must continue to pay for everyone’s roads; just like those property owners 30 years ago paid for our roads. We’re a community and the expenses of the community are everyone’s responsibility.
7. What is the difference between the “road fee” and the “membership fee”, and why is my neighbor’s optional when mine isn’t?
a. Lots located within the White Sands community are subject to covenants which run with the land and bind the Lot Owner and his successors and assigns.
Some Lots are bound by covenants which provide as follows:
“…Road maintenance costs shall be prorated between property owners serviced, fronting on, or benefited by such roads”.
The Circuit Court for Calvert County, Maryland has ruled that “roads” referenced in the above covenants refers to the entire White Sands roads system, and that as long as any single road remains the property of WSCA, all Lot Owners are required to pay the “roads maintenance costs” contained in the covenants.
Some Lots are bound by covenants which provide as follows:
“…Grantees covenant that they, their executors, heirs or assigns…shall be subject to the payment of annual dues and assessments…relative to the maintenance, safety, security, public areas, streets, health standards, water, sewer, drainage and the like. Dues and assessments shall be set by the members of the association at any authorized meeting.
Depending upon which set of covenants attach to a particular Lot, the Lot Owner is required to pay to White Sands Civic Association, Inc. either “road maintenance costs” or “dues and assessments” for purposes described in such covenants.
Thus, WSCA has adopted a two tiered billing system – one bill is sent to all Lot owners for “roads” and one bill is sent only to Lot owners whose Lots are subject to the “dues and assessments” covenants. The annual roads fee for fiscal year 2009 is $155.00 (which fee is paid by all Lot Owners). Lot owners, who only pay roads fees, if they wish to vote in WSCA matters, must pay the $25.00 “dues” also. Lot owners who do not pay the $25.00 “dues” cannot vote in WSCA matters.
8. I’ve heard a rumor that the President’s wife is being paid to pick up litter; is that true?
a. This is another question with multiple parts to its answer.
i. Yes, the landscaping company BLH Lawn Services, owned by the President’s wife, did receive the contract for mowing and litter pick up throughout the community.
ii. After issuing a request for proposal (RFP) to numerous companies in the area, posting the request on our web site and running an ad in local papers and on the Internet announcing this Request for Proposal (RFP); we received bids from 4 companies for litter pick up and 6 companies for mowing. BLH Lawn Service was the 2nd to lowest bid for mowing and the lowest bid for litter pick up. Their bid was also the only one which followed all of the directions as requested in the RFP.
iii. Yes, this is perfectly legal and ethical. Our governing documents specifically state: Articles of Incorporation, Article Eleven, Section 2: The Association may enter into contracts and transact business with any Director or member or with any corporation, partnership, trust or association of which any director or member is a stock holder, director, officer, partner, member trustee, beneficiary, employee or in which any director or member is otherwise interested; and such contract or transaction shall not be invalidated or in any way affected by the fact that such director or member has or may have an interest therein which is or might be adverse to the interests of the Association, provided that the fact of such interest shall be disclosed or known to the other directors or members acting upon such contract or transaction; and such director or member may be counted in determining the existence of a quorum at any meeting of the members of the Board of Directors which shall authorize any such contract or transaction, with like force and effect as if he were not so interested . . .
1. Mr. Hilpipre, who at the time was a Director on the Board of Directors, made full disclosure to the board that his wife was submitting a bid for the contract for litter pick up and mowing as detailed in the publicly announced RFP.
2. Mr. Hilpipre recused himself from all discussion of the details of this contract prior to the close of the bidding period. He was therefore not present at the meeting to discuss the bids, nor was he given any information as to what others submitted as bids, neither prior to nor subsequently to, the discussion of the bids by the board of directors and the acceptance of the final contract. Though his withdrawal from participation in this matter was not required by the Articles of Incorporation; Mr. Hilpipre felt it best to recuse himself from this matter completely in order to avoid the appearance of inappropriateness or favoritism.
9. There seems to be several properties in the community that are in foreclosure and are therefore deteriorating in upkeep. Is there anything the association can do about these properties?
a. Unfortunately in today’s economy we are seeing more and more foreclosures in our community. Most banks do not take immediate ownership and therefore there is a period of time between when the resident moves out and the bank takes ownership where the property can deteriorate (i.e. overgrown grass, trash left in yard). Unfortunately, until the ownership has transferred there is not a lot that the Association can do. We have tried to work with the county to have them enforce some of the regulations on these homes, but unfortunately they are in the same boat as far as making someone with ownership rights take responsibility. Additionally, some of the banks that have foreclosed on these homes have themselves declared bankruptcy, which can take months to resolve and provide us with someone who will be responsible for the property. Please be assured that we are doing everything we can to get these properties clean up, it is just a sometimes long and daunting process and we ask your patience while we try to resolve the situations.
10. Why do we need to build a new administration building? What’s wrong with the one we are currently using?
a. While we truly like the office where we are currently located, we are only renting that facility and it can be taken away at any time. Additionally, the building and surrounding lot are not large enough to host very many community events or to have large attendance at the meetings. The community needs a central location to operate from, store its documents, and provide an in community meeting area large enough to accommodate a larger audience.
11. What is the Association doing about the parking situation at Vera’s Restaurant?
a. While Vera’s Restaurant is located within the White Sands Community and many of our residents enjoy its food and entertainment, it is not affiliated with the association in any way. There are no covenants attached to land where the restaurant is located or the parking lot area across the street. We try to ask the owners of the restaurant to encourage their patrons to be respectful of the property owners whose homes are affected by their business. Unfortunately, if a patron is not respectful of the homes near the restaurant or the White Sands roadways, our only alternative is to notify the police and report them.
12. Who can be on the Board of Directors and how can I become one?
a. Any property owner who is current on their association dues can submit their name to be elected to the Board of Directors. Elections are held for one (1) director each year at the annual membership meeting, and the newly elected Director will serve for a term of five (5) years. Out of the five (5) directors serving on the Board of Directors each year, the Board then elects officers at the July Board meeting following the annual membership meeting. Each officer serves for a term of one year.
13. Why did the Association purchase a golf cart for use by the litter contractor and why is it legal for a golf cart to be driven when the rules state no unlicensed vehicles on the White Sands road ways?
a. First off, the Association DID NOT purchase a golf cart of any kind for any ones use. The litter contractor, BLH Lawn Services, purchased their own golf cart for use in picking up the litter in our community, both for efficiency and safety reasons.
b. The spirit of the rule governing non-licensed vehicle use on White Sands roadways is to avoid hazardous situations with vehicles such as untagged dirt bikes, atvs, etc. This rule is in place for the safety of both the would be rider of such vehicles as well as other drivers and pedestrians on the roadways. It operates in conjunction with county and state law governing the use of these vehicles. A golf cart, while not always a licensed vehicle, does not pose the same risk as a dirt bike or ATV. Additionally, law enforcement states that as long as it is properly marked and operated within a specific area of its residence, it is perfectly legal. The use of a golf cart by organizations such as BLH Lawn Service and Vera’s Restaurant is to safely enhance the efficiency of work being done in our community. They are not operated at high rates of speed, nor do they impede the regular flow of traffic.
We will be updating this page with additional questions as the develop.