Frequently Asked Questions
1. What is the Timbers Civic Association, Inc. and why was it formed?
First and foremost, the Timbers Civic Association is not a homeowners association (HOA). It is not chartered as a homeowners association, therefore it cannot operate or become a homeowners association in the legal sense. See the explanation in item #14 further down in this document.
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The Timbers Civic Association, Inc. was created in 1972 to take ownership and responsibility for the maintenance and upkeep of the Recreation Area for the mutual benefit of the lot owners of the Timbers Subdivision.
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Its original voting members consisted of lot owners (1-47) of the Timbers Subdivision plat, according to the deed to the Recreation Area. In 2014, voting membership was expanded to include lot #48: 1171 Rubert Circle and the Bylaws amended to reflect this change.
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The Timbers Civic Association is a completely self-funded organization - meaning that it receives no outside money from Anne Arundel County to maintain or improve the Recreation Area. It relies solely upon the annual contributions of the property owners of lots 1-48.
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Said another way, voluntary contributions of labor, equipment, money and time pay for the liability insurance, playground area, mowing and upkeep of the Recreation Area.
The Executive Board Members are the President, Treasurer and Secretary, who are unpaid volunteers. They are elected each year at the Fall Meeting of Members normally held in September. They can serve no more than three consecutive terms in their respective positions and elected Executive Board Members hold their positions year to year. Their duties are specifically designated in the Timbers Civic Association Bylaws.
Committee are formed by interested volunteers who research and develop new ideas for the Recreation Area and provide feedback and suggestions for the Executive Board to determine if these ideas are feasible.
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The Timbers Civic Association, Inc. is similar to about 80 about Civic Organizations in the Annapolis-Arnold area (Chartwell, Indian Hills - Glen Eden, Pines on the Severn, Bay Hills, Chase Creek, Glen Oban, Fox Chase, Franklin Manor, The Meadows, St. Margaret's, etc.) which were incorporated before 1987. Voting membership in the Timbers Civic Association, Inc. is voluntary and is open to all owners within the Timbers Subdivision each year. A member who pays the annual dues as per the Bylaws, is eligible to vote and have a voice in the Timbers Civic Association, Inc. for that year. A member who makes the choice not to pay their dues in full for that year, forfeits their voting privilege for that year.
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Background: As written in the deed of the Timbers Subdivision, the Timbers Recreation Area was deeded for the recreational benefit of the Timbers Subdivision lot owners 1-47. The reason that the deed specifies lot owners 1-47 of the Timbers Subdivision, is houses on lots 1-47 would be most affected by activity at the Recreation Area and how it would be developed - for example: a playground, a pool, a ballfield, etc.
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The Recreation Area in 1972, was heavily wooded lot. It was eventually cleared and developed through donated, voluntary labor of a core group of original Timbers lot owners. These original lot owners organized the Timbers Civic Association, Inc. and wrote the original Bylaws in 1974.
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2. What do we, in the Timbers Subdivision, stand to lose if the Timbers Civic Association, Inc. dissolves, goes bankrupt or ceases to be a legal entity?
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According to the Recreation Area Deed, should the Timbers Civic Association, Inc. cease to be a legal entity (for any number of reasons - for example: bankruptcy; lawsuit; benign neglect; dis-function; failure to pay and keep liability insurance; failure to maintain the park to a reasonably safe standard; or failure to maintain an elected board of officers, etc.) then ownership of the Recreation Area reverts back to the Grantors (their heirs). Note the caveat as per the Recreation Area Deed:
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"In the event that the Timbers Civic Association, Inc. cease to be a legal entity, or the property herein described shall be used for purposes other than a recreation area for the benefit of the low owners of the Timbers Subdivision, then the property shall revert to and become the property of the GRANTOR herein, in fee simple."
3. What is the difference between the Timbers Subdivision and the Timbers Civic Association, Inc.?
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The Timbers Subdivision consists of lots 1-47 (starting on the corner of 95 Brooks Road). Lot owners may choose to be active members in the Timbers Civic Association, Inc. once they have paid their dues in full for that calendar year.
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4. Is the Timbers Civic Association, Inc. a homeowners association (HOA)?
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No, the Timbers Civic Association, Inc. is not a homeowners association, nor can we become one. The Timbers Civic Association, Inc. was formed as a non-stock corporation in 1971 and must follow Corporation Laws. Only associations created after 1987 can be chartered and designated as homeowners associations. These homeowners associations are governed by the laws and statutes of the Maryland Homeowners Association Act and their charters and covenants are formally filed with the Anne Arundel County Courthouse.
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5. What is the difference between a civic association and a homeowners association?
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A Civic Association (such as the Timbers Association, Inc.) is an organization created to represent its members who share a common bond or mutual benefit (in our case, the Recreation Area) and was created prior to July 1987 as a non-stock corporation. As a non-stock corporation, the Timbers Civic Association is governed by Maryland Corporate Law Statutes and by the organization's internal bylaws. Internal bylaws can be amended by 55% vote from members in good standing.
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A homeowners association (HOA) by contrast, is an association that was created after July 1987 and is governed by very specific statutes spelled out in the Maryland Homeowners Association Act. HOAs are formally and legally chartered and classified as HOAs at the county courthouse, they have HOA covenants on file with the file county courthouse, they are usually professionally managed, they have legal authority to collect HOA fees from every homeowner within the HOA, they have the legal authority to enforce HOA covenants on a homeowners property, and they have the legal authority to plan a lien on the property of homeowners who fail to pay the HOA dues.
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6. What is the difference between bylaws and covenants?
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Bylaws and covenants are two completely different documents and cannot be combined as one.
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Bylaws are rules which govern the internal management of a corporation, (in our case the Timbers Civic Association, Inc.). All corporations have bylaws. The bylaws contain specific guidance and procedures so that organization can function effectively. Bylaws include; the specific duties and responsibilities of the President, Vice President, Secretary, Treasurer; Committees; association dues; procedures for elections; timeline of elections, etc. Bylaws can be amended by 55% vote of the members of the Association. Bylaws never expire as long as Corporation is still in existence and is in good standing with the government of Maryland. The voting members of the Association follow, uphold and amend the bylaws. Bylaws are maintained internally by the organization. Amendments to the bylaws are written and recorded in the bylaws. Bylaws are not recorded documents at the county courthouse.
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By contrast, covenants are specific land and zoning laws. Covenants are legal instruments, filed at the County Courthouse with a liber and folio number. Only Anne Arundel County Officials have legal enforcement authority to enforce County Covenants. Covenants can be changed to reflect current zoning laws, but only if "an instrument signed by majority of the owners of the lots has been recorded agreeing to change the covenants in whole or in part." Changes to covenants are recorded at the county courthouse and can be enforced by County officials. Said another way, the Timbers Civic Association, Inc. as representative body has no authority to change or enforce county covenants. However, a collection of lot owners within the Timbers Subdivision can come together to change the covenants as concerned homeowners within the subdivision.
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7. Does the Timbers Civic Association, Inc. have covenants?
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No, contrary to a common misconception, the Timbers Civic Association, Inc. does not have covenants, nor can the Timbers Civic Association, Inc. as a representative body, enforce the Timbers Subdivision covenants that are currently in effect. I will explain further in item #18 below.
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8. "I've lived in The Timbers for 40 years. I have an old copy of the Timbers Civic Association, Inc. Bylaws, which shows a set of covenants on the last few pages. What are these covenants? Don't they covenants make the Timber Civic Association, Inc. a homeowners association?"
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Those covenants are County Subdivision Covenants the govern the Timbers Subdivision (i.e. each individual lot owner in the Subdivision). These covenants were written by the Pyramid Development Company in 1970 in order for the subdivision to be built. These County Covenants are on file at the Anne Arundel County Courthouse and follow the zoning laws that were effect in 1970. They are not homeowners association covenants.
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However, through an administrative error made many, many years ago (before the days of word processors), the County Subdivision Covenants were magnified, the front page removed and attached to the back pages of the Timbers Civic Association, Inc. bylaws. This combined documents of bylaws - covenants was then copied and disseminated as de-facto bylaws to members of the Timbers Civic Association, Inc. As news people moved in and as the leadership within the Timbers Civic Association changed hands, many owners within the Timbers Civic Association, Inc. incorrectly assumed that the combined documents of bylaws and covenants, gave the Timbers Civic Association Officers enforcement authority like an HOA (not true) and many others within the association assumed that the Timbers Civic Association, Inc. was de-facto homeowners association (also not true).
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Covenants and bylaws are two completely different types of documents and cannot be combined nor incorporated into the bylaws of a corporation. The Civic Association has no legal enforcement authority for land covenants established by the County.
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Only Anne Arundel County officials can enforce the statutes found in the County Subdivision Covenants.
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Said in a different way, the Timbers Civic Association was not formed to be a homeowners association. The Timbers Civic Association does not have covenants. Therefore, it cannot enforce any covenants.
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8. Who enforces the Timbers Civic Association, Inc. Bylaws?
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Bylaws are rules that are upheld and followed, they are not enforced. The Bylaws of the Timbers Civic Association, Inc. are rules that govern the internal management of an organization and are amended and followed by the members of that organization. Bylaws are internal to the organization and are not filed anywhere, except within the organization's administrative files. There is no legal authority outside of the organization to enforce or impose the Associations bylaws upon an individual. Members choose to either follow the bylaws of the organization or choose not to be a member of that organization. Bylaws do not expire as long as the organization remains as a legal entity. Proposed amendments are brought before the Bylaws Committee, discussed within the committee, then voted on by the membership and if the majority (55%) agree, then amendments then formally adopted, written and recorded into the bylaws.
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10. Who enforces the County Subdivision Covenants?
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Only Anne Arundel County Officials can enforce the statutes found in the County subdivision covenants and can enforce property law compliance upon individual property owners. Board members or officers of the Timber Civic Association, Inc. cannot adjudicate or be involved in property violations or disputes between individual lot owners in the Timbers Subdivision.
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11. Didn't these Subdivision Covenants expire? What can be done to change them?
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This is common misconception within our community, perpetuated and compounded by a second administrative error that was made many, many years ago.
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In this case, the source of confusion and misinterpretation was due to an ill-placed hold punched at the top of the document, that happened to be punched through the number "10" (as in 10 years) on the document. The "hole" caused many within the community to incorrectly interpret the terms clause to mean - that the covenants expired after 30 years (see Bylaws/Covenants error referred to in question #8). Covenants do not expire, however they can be changed to mirror revised land covenants. The actual clause of paragraph 13 TERMS of the covenants reads:
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"13. TERMS. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the owners of the lots has been recorded agreeing to change said covenants in whole or in part."
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Furthermore, updating the covenants is the collective responsibility of all of the lot owners within the subdivision, not the responsibility of the Timbers Civic Association, Inc.
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In order to update the county subdivision covenants, all lot owners within the Timbers Subdivision must be informed of the proposed changed and have recorded vote, irrespective of whether or not they are members of the Timbers Civic Association, Inc. If there are non-resident homeowners, then they can elect to have their vote taken either via registered mail or via proxy.
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12. Who owns the Recreation Area?
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The Recreation Area is deeded to the Timbers Civic Association, Inc. in 1972. No one individual within the Timbers Subdivision owns the Recreation Area.
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Said another way, as one of the 47 lot owners specified by the Timber's Subdivision Plat, you do not own 1/47th of the Recreation Area. If the land were to be sold, a lot owner would not entitled to any money.
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The Recreation Area is conditionally deeded to the Timbers Civic Association, Inc.
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13. What is the Executive Board and what do they do?
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The Executive Board consists of an elected President, Treasurer and Secretary. The Executive Board must consist of an odd number of elected members.
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The members of the Executive Board provide oversight and stewardship of the Recreation Area and its committees.
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The unelected members of the Committees work to develop and research ideas and plans to improve the Recreation Area and/or the Timbers Civic Association, Inc. Committee ideas and plans are then presented to the Executive Board who meets once a quarter to determine priorities for ballot measures which the membership votes on at the Spring and Fall meetings.
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The Timbers members then vote for or against these ballot measures at the semi-annual (Spring/Fall) meetings via written signed ballot.
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Minutes of the Executive Board meetings and the semi-annual meetings are formally recorded.
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Examples of these ballot measures can include a vote for/against: annual budget; amendments to the Bylaws; election of Executive Board members; increase in annual contributions to fund Recreation Area maintenance.
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14. Does the Recreation Area include the wooden area abutting the open field?
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Yes, the Recreation Area included the wooded area behind The Timbers sign as well as the open field.
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15. Are all lot owners of the Timbers Subdivision also members of the Timbers Civic Association, Inc.?
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No, but individual lot owners in the Timbers Subdivision are stake holders in whether or not there continues to be a Recreation Area for our mutual benefit.
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Individual lot owners within the Timbers Subdivision can choose not to be a voting member of the Timbers Civic Association, Inc. According to the Timber Civic Association, Inc. Bylaws, each lot owner of the Timbers Subdivision is eligible to be a voting member of the Timber Civic Association, Inc. if they choose to pay their dues to the Civic Association in full for that year, If they choose not to pay their dues for that year, they forfeit their vote within the Timbers Civic Association, Inc, for that year.
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Examples of recurring voting issues: amendments to the Bylaws, annual budget for the Recreation Area; changes to how the Recreation Area is managed; annual election of Executive Board members. Only members in good standing of the Timbers Civic Association have a say in what can be done to maintain or develop the Recreation Area.
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16. What do the annual dues to the Timbers Civic Association, Inc. pay for?
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Annual dues pay for liability insurance; upkeep, mowing and maintenance of the Recreation Area; the swingset, playground equipment, the basketball court and other expenses that arise (replacing the backstop fencing or obtaining new playground equipment, etc.).
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17. How many homes within the Timbers Subdivision pay annual dues and are members of the Timbers Civic Association, Inc.?
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On average, 31 of the 47 lot owners voluntarily and reliably pay annual dues to the Timbers Civic Association, Inc.
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18. What is someone is injured at the Recreation Area? Can the individual homeowners of the Timbers Subdivision be sued for liability?
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The Timbers Civic Association, Inc. pays approximately $600 annually in liability insurance. Should someone be injured due to negligence of the Association to maintain the Recreation Area to a reasonable degree of safety, the Timbers Civic Association, Inc. can be sued - not the individual lot owners of the Timbers Subdivision.
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However, hypothetically speaking - should the Timbers Civic Association, Inc. be sued for liability, there will be expensive hypothetical lawyers involved. Should we not have sufficient insurance on hand and should a hypothetical lawsuit cause the Association to become bankrupt and dissolve, then as per the 1970 deed, the Timbers Civic Association, Inc. will cease to be a "legal entity" and the Recreation Area ownership will revert back to the original grantors (or their heirs).
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19. What can be done to ensure that the Timbers Civic Association remain a legal entity?
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We encourage members to be actively involved, either as a committee member, committee chairperson or as one of the Board members.
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The five committees that are currently established are: Recreation Maintenance and Development Committee; Budget and Finance Committee; Special Benefits District Committee; Bylaws Committee; Fundraising/Social Committee.
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20. Are social events funded by the annual dues to the Timbers Civic Association, Inc.?
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No, these are discretionary expenses. As per our Bylaws, all social events, such as the annual Halloween party have to be self funded. However, on the annual contributions form, there is a space for a member to make a donation that is earmarked on the budget for social events.
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21. What is an effective way to make the Timbers Civic Association, Inc. a robust and active organization?
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In order for the organization to function effectively, it needs most of all, active involvement of Committee members for one of the five committees established: Recreation Maintenance and Development Committee; Budget and Finance Committee; Special Benefits District Committee; Bylaws Committee; Fundraising/Social Committee. Committee member are the life blood of the organization and are places where ideas turned into plans of actions. When everyone works together in a committee, good things happen and the entire community benefits.
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Committee members are empowered to take action. People follow others who have a plan and take action. Committee members choose their Chairperson. They establish their own meeting times and establish their own plan of action. The Chairperson represents the respective committee at the monthly Board of Directors meeting. The Board of Directors then inform the rest of the community about the progress of the individual committees via minutes either disseminated or posted on the Timbers Civic Association, Inc. website.
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When the committees succeed, the Organization moves forward and everyone benefits. Committee members are the depth pf the organization. Ideally, the committees are where the future Board members should grow from.
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In the past, committees have dissolved due to inaction, disagreements, frustration or simply because the members fail to recruit new members to their ranks. Rather than recruit and assign a new committee chairperson from the members of the committee. Board members can initiate a special committee, but they should not become the committee chairmanship.
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This is because the Board members become overloaded juggling a committee chairmanship and their job as a board member. They can eventually burn out and quit, leaving no pass down or continuity for future groups of board or committee members to pick up the reins. Everyone loses.
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Executive Board members cannot morph into de-facto committee chairmen.
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Board members are the stewards of the community treasury, documents, corporate knowledge and continuity of governance.
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Board member are design to help and empower the members of the committee to succeed.
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Board members are the continuity knowledge for the organization.
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Currently serving Board members will meet once monthly with each committee chairperson to gauged progress, establish budgetary priorities, gauge a timeline for completion of projects and communicate with the members of the community at large. Board members are responsible for upholding the bylaws and providing guidance to each Committee Chairperson.
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Finally some last thoughts. Our park can be every bit as beautiful as other community parks in the Arnold-Annapolis area referred to above. Pines on the Seven community is an example of an equivalent civic association with a beautiful park, top-rate fenced in basketball court, commercial ground playground and swingset and nature jogging trails. There are grant programs and assistance
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