Frequently Asked Questions

What is the Association and How Does it Work?

What is the Property Owners Association ("Association")?

The Association is a legal not-for-profit entity organized and incorporated under the laws of the State of Delaware. Formed with the purpose of protecting and preserving the character of the community for the common benefit of the residents, the Association provides maintenance and care of the common areas, supervises architectural control, and ensures that the community’s governing documents are followed. All Association members pay annual assessment dues to provide funding for the community’s care and maintenance.

Who are Association members?

By purchasing one of the 41 numbered lots in Bay Landing, you automatically become a member of the Association. Membership in the Association is mandatory and will continue as long as you own your lot. As a member, you are required to pay assessments and abide by the community’s governing documents and rules and restrictions.

How much are Association dues?

Current annual dues and payment information is located on the website homepage.

Who runs the Association?

Association leadership is provided by a Board of Directors, the members of which are elected by the lot owners. Board members are volunteers and are not compensated for their time.

What do the Board members do?

The Association is a non-profit corporation and the Board’s responsibility is to make decisions and run the business of the corporation according to the guidelines outlined in the governing documents and in compliance with state and federal law. The Board has the exclusive right to authorize the Association to contract for and disperse funds for all goods and services as needed. Some of their responsibilities include timely collection of assessments, enforcement of restrictions and other rules, as well as payments made for services provided to the Association.

What is EasyHOA?

EasyHOA is an HOA Management software program purchased by the Board starting in November 2024. A subscription fee is paid annually. This software has many new and innovative features that not only make the HOA board’s tasks easier but also make it easier for all members and residents. The software consolidates document management, communications (email and text), a custom website, accounting/finances (including payment processing), request tracking, and management tools. The cost to the Association is much lower than the total cost of the individual components (Quickbooks no longer needed).

What happens at Association meetings?

The Association Board meetings are a venue for the Board members to conduct Association business in an open setting. Meetings follow a pre-determined agenda that includes review of finances, old and new business. Meeting minutes are published on the website following each meeting.

How is the Board of Directors elected? What is the election process?

In each Annual Meeting, the 41 members of the Association have the opportunity to elect lot owners to serve on the Board of Directors. Should there be a vacancy between elections, the Board will appoint a replacement who will serve the remainder of the term of the vacated position. Term expirations are listed next to each Board member at the bottom of the homepage. The Association will notify members of upcoming elections and offer members the opportunity to nominate themselves. Those nominations will be shared with the lot owners as part of the meeting notice packet. After each election, the Board members meet separately in an Organizational Meeting to decide which Board members will serve as one of the 4 Officers (President, Vice President, Treasurer, and Secretary).

Why should I vote?

Make your voice heard. Our Governing Documents and DUCIOA (Delaware Uniform Common Interest Ownership Act) provide rules for fair and legal elections. These guidelines require that a quorum of Association members be met in order for elections to be valid. It can become costly to have to reconvene the meeting and hold elections if that quorum is not met. Please help us control costs and participate in the annual voting process.

Why did I receive a warning or violation notice from the Association?

To promote harmony within the community when a violation is reported and confirmed, the first notice the Association sends is a warning letter describing the role the Association and the lot owner each play in keeping Bay Landing beautiful, noting the specific infraction(s), and listing one or more methods of cure to resolve the issue.

If the notice you receive is not a warning letter, it is because you have violated the same rule more than once. Your notice will state something like "Violation Hearing Scheduled" and will contain a hearing location, date and time. This is because Bay Landing's Declaration requires the Association to schedule a due process hearing anytime a fine might be assessed for a violation. If you receive a violation letter with a scheduled hearing, do not ignore it as failing to attend constitutes a default. Any fine associated with the violation will be assesses to your account and will be collected in the same manner as any other Assessment.

What if I disagree with the warning or violation notice I received?

Should you have any questions or wish to discuss the details of your notice, contact the Association immediately to discuss. If there is a scheduled hearing listed in your violation notice, please ensure that you contact the Association in advance of that date or attend the hearing to present your defense.

How can I report a violation to the Association?

If you notice issues, you are encouraged to report them. Please use the Action Request Form to report any violations.

What is in the Governing Documents?

The governing documents typically consist of the following:

1. Articles of Incorporation - Contain basic information such as an Association's name, location, purpose, and current officers, and is recorded with the Delaware Division of Corporations annually.
2. Master Declaration of Covenants, Conditions, and Restrictions - This contains the restrictions that are bound to, and run with, your land. Modifications to this document requires 33 of the 41 lot owners (80%) to vote in favor of each change at any Association meeting of the members.
3. Architectural and Community Guidelines - This document contains the historical record of all architectural design guidelines and Community Guidelines. Modifications to this document requires 21 of the 41 lot owners (50%) to vote in favor of each change at any Association meeting of the members.
4. By Laws – defines how the Association is operated, the roles and responsibilities of the Board members, and the rights of the lot owners as members of the Association.
5. Policies - Adopted by the Association to ensure the Board does not act capriciously or arbitrarily in their actions, such as the Collections Policy and the Violation Enforcement and Fining Policy.
6. Rules - Adopted by the majority of lot owners in attendance at any Association meeting of the members

Who do I contact with questions?

Please visit the Contact Us section on the homepage of this website for details on contacting the Association.

How can I update my Contact information or Opt-in/out of Email Communications?

You can contact the Association directly at the email address or mailing address on the homepage, or use the online contact form to submit updated contact details.

Does the Association have a website?

Yes, the website can be found at https://baylandingpoa.org The website includes publicly available association materials via the menus at the top of the page. A welcome packet, a list of local services, and some frequently asked questions were previously created to aid our homeowners (under construction). Please ensure the Association has your latest contact information, and your selection to receive communications by email and text, by visiting the Contact Information page.

Bay Landing Common Area Maintenance

Who owns and maintains the streets?

The streets in Bay Landing are privately owned by the Association. The Association contracts with appropriate companies as needed for the maintenance of our roads.

Who mows the common areas?

The Association contracts with a landscape company to maintain these areas. Mowing typically takes place once per week (or two weeks) in warmer months and less frequently in cooler months. If you notice issues, please contact the Association. Your help identifying issues is greatly appreciated.

Who controls the irrigation system?

The Association contracts with an irrigation maintenance company to maintain the irrigation system. If you notice issues, please contact the Association. Your help identifying issues is greatly appreciated.

When does the irrigation system run?

The irrigation system runs according to a schedule agreed to, and adjusted seasonally, by the Association Board and the irrigation maintenance company.

Who controls the lights?

There are two areas of lighting in Bay Landing; Entrance/Monument lights and the Streetlights. The entrance lights around the monuments operate on a dusk to dawn timer. The street lights are leased to the Association at a fixed rate by Delaware Electric Coop and also operate from dusk to dawn. Any street light outages should be reported to either the Association or to DEC directly.

Who performs activities such as tree pruning, walking trail cleanup, and other cleanup activities?

All Association members are encouraged to help with community cleanup projects. The more we can accomplish with volunteers, the more we save the community overall. Please contact one of the Landscape Committee members listed on the homepage of this website if you are interested in volunteering.

The Association will contract with a landscape management company to maintain any areas where sufficient volunteers cannot be assembled to perform the work needed, the skills required exceed those of, or the work involved presents a safety issue for, our volunteers.