Please reach us at nfca@northfarm.us if you cannot find an answer to your question. Disclaimer: This is not a legal page, the answers to the questions are the best we can provide while trying to keep them to a reasonable length and not over-complicated.
The criteria for being an HOA was laid out when the builders (Kettler Brothers) created the Covenants and bylaws. There are requirements for maintaining the signs, collecting fees, and enforcing the covenants, these define the NFCA as an HOA.
You can view all the pertinent documents in the Documents section of this site.
The CCOC (Commission on Common Ownership Communities) is Montgomery County’s government agency that oversees HOAs (and condominium associations). The CCOC is committed to providing owners, tenants, residents, boards of directors, and management companies of self-governing residential communities with information, assistance, and impartial dispute resolution programs that:
See our North Farm web page for more on the CCOC
Great question, and confusing. Just after the NFCA was incorporated, the state of Maryland overhauled the Home Owners Association laws. The CCOC was then established in 1991 for HOAs in Montgomery county, but the City of Rockville chose to be exempt from this law (10b). In 2010 the City of Rockville opted into the CCOC for a five-year temporary exemption period. In 2015 the City of Rockville removed its exemption from the CCOC on a permanent basis. During this time frame starting in 2010, the City of Rockville did not aggressively reach out to all the community organizations regarding this change. The NFCA was one of those organizations that did not know about the change, and also did not consider itself an HOA.
The current volunteer board members started researching the NFCA and engaged a law firm to assess the NFCA status and help update the covenants and bylaws. During this research the board confirmed the NFCA status as an HOA and discovered we were not registered with the CCOC. Over the past six months the board has been working to meet state and county requirements, register with the CCOC, and become compliant with CCOC rules and regulations.
Yes. It is a county law for an HOA to register with the CCOC and follow county rules and regulations. Disbanding the NFCA as an HOA would be timely, costly, and probably not possible due to the technical requirements — we enquired about this process and were given a difficult list of technical items that would need to be cleared, e.g., sign off from all mortgage lenders for 100% of the properties. If not registered with the CCOC, any dispute actions taken by the NFCA would automatically be ruled against the NFCA by default. In addition, the community would be liable for fines of $500 per day of not being registered with the CCOC. The board was able to negotiate a waiver of past fees due and avoid any penalty fees.
From a daily perspective, nothing will change. Live life as you have been doing so. Enjoy our wonderful neighborhood and its great location.
As property owners and an HOA registered with the CCOC, we will have access to the CCOC resources for dispute resolution.
Enforcement and following of the covenants and bylaws will be more structured and authority given to the board to enforce the covenants in coordination with the CCOC while property owners will have the CCOC to ensure compliance with rules and regulations.
If you are selling your house, you will need to “check the box” that declares your house is part of an HOA. During the sale process the NFCA will be required to fill out documents regarding the HOA and the status of the property within the HOA.
The board will need to follow CCOC rules and regulations for regular business meetings, annual meetings, and elections. The “Call for Nominations” announcement is part of this process.
Per the covenants and bylaws, all exterior changes to a house must have approval by the Architectural Review Committee (ARC). An application and architectural guidelines are available in the documents section of the North Farm web site, or just email nfca@northfarm.us for a copy to be sent to you. The Architectural Review Committee consists of the three volunteer board members.
There have been a lot of rumors about fees being voluntary and the inconsistency of fees being requested certainly adds to the confusion. Fees, per our covenants, are required for the maintenance of the signs and upkeep of the community (physical, social, organizational, etc.). A budget will be provided detailing the expenses. Annual fees will be implemented and tracked.
While the NFCA does not have any assets or paid-for services, the NFCA is responsible for the maintenance and insurance of the entrance signs. In addition, the CCOC has annual fees that must be paid to the county. Other expenses include insurance for NFCA, Inc., Community Day, capital reserve, and administrative expenses (web site, communications, etc.). Fees will need to be paid annually, the amount will still remain relatively small.
The NFCA had minimum expenses until recently when it organized Community Day, and had a surplus from prior years’ dues to pay for the past few events. Funds have been depleted and new expenses have since been added as will be detailed in the budget. The budget is designed to be fully spent each year, with the exception of a capital reserve which is required for maintenance or replacement of the signs. The maintenance and fees for the signs is a condition in the Covenants and part of what made the NFCA an HOA.
The annual meeting will be used to “reboot” the NFCA and elect board members per the county rules and regulations.
The “call for nominations” is the first step. An official announcement will follow with nominations and details about the meeting, NFCA, and CCOC.
The property owners will vote for board members at the meeting or by proxy.
The elected board members will vote on officers.
New board members are required to take CCOC board member training.
The board will work with the CCOC to keep the NFCA in compliance as an HOA and work on updates of the covenants and bylaws for property owner approval.
“Commonly called “CC and Rs” (covenant, conditions, and restrictions), these are written rules, limitations and restrictions on use, mutually agreed to by all owners of homes in a subdivision or condominium complex. CC and Rs may limit size and placement of homes, exterior colors, pets, ages of residents, use of barbecues and other conduct to protect the quiet enjoyment of the various residents. CC and Rs are enforced by the homeowners association or by individual owners who can bring lawsuits against violators, and are permanent “run with the land” so future owners are bound to the same rules. Most state laws require that a copy of the CC and Rs be recorded with the county recorder and be provided to any prospective purchaser.”
The NFCA Covenants and bylaws were written and set up by the builders of the neighborhood (Kettler Brothers). You can view all the pertinent documents in the Documents section of this site
You can read about the NFCA and short bios of the board members on the NFCA page.
In the summer of 2017 the reigning president stepped down and Kevin Humphreys and Aaron Gothelf volunteered to fill the void. Early in 2019 Harvey Mazer volunteered his services. Over the past year, the board has engaged a law firm to review the NFCA status, covenants, and bylaws. At the same time, the board was also researching on its own and discovered the NFCA was not registered with the CCOC, leading to a prolonged saga of registering with the CCOC. The end result of this being a newly formalized (and CCOC compliant) annual meeting and board member election.
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