8/25/2004

Commissioner Mark Guns

107 North Street

Elkton, MD 21921

RE: Whitaker Woods Home Owners Association transition issues

Dear Commissioner Guns,

We, the board of the Whitaker Woods Home Owners Association, want to introduce ourselves and to request your assistance in navigating the Cecil County government. We have several areas of concern as we transition away from our developer controlling the association to the board and the homeowners having control and responsibility for the association.

Please confirm that enclosed set of covenant documents are the latest set of covenant documents and that these are also the same documents Lambdin Development recorded with the Cecil County Land Office. The following issues found not in compliance with the covenant are based on these enclosed documents:

·Fence Locations

·Fence Styles and Types

·Mailboxes

Streets: In several locations throughout our neighborhood the streets have developed pot holes. The other concern with the streets is during the last year the storm drains have had work performed on them that is now leading to standing pools of water around the drains. It is our understanding that the developer is responsible for street maintenance and repairs until such time as the county accepts the work from the developer. This leads us to several questions:

• Has the county accepted all of the roads within the development?
• If so, who do we contact to have the streets and drains repaired?
• If not, who do we contact to ensure that the developer repairs the streets and drains?

Common Areas: Several common areas within the community have been left with debris from both the developer and the builders within the community. As a result these areas are not usable by the community. Again this leads us to several questions:

• Is the developer responsible for leaving the common areas in a cleared and seeded state?
• If so – whom do we contact to assist us in getting this accomplished?

Sidewalks – Many of the repairs made to the sidewalks by the developer within the community have failed. Who is the contact within the county that can help us in getting these repairs made correctly?

Retention Ponds: Our biggest concern is the three retention ponds located within our community. We have heard a variety of conflicting things related to them, these include they are dry ponds, they are wet ponds, they will last 5-7 years if wet ponds, they will last 20+ years if they are dry ponds, etc. Our developer has not provided the board with the storm water management plan that describes the ponds in detail, so once again several questions arise and they are:

• Who within the county can we meet with to assist the board in understanding how the ponds are to be managed and maintained over time?
• Where within the county offices can we obtain a copy of the storm water management plan?
• Have the ponds been accepted by the county as meeting the requirements laid out in the storm water management plan?
• If not, is there a time line for when the county will inspect and accept the plans as complete?

Thank you in advance for your assistance. If you wish, you can e-mail Paul Lane-WWHOA President, at laneP@cleanearthinc.com or use the address below.

Sincerely,

Board of Directors,

Whitaker Woods Home Owners Association, Inc., P.O. Box 249, North East, MD, 21901

Cc: Whitaker Woods Home Owner Association File