Worcester County, MD vs HOA Declarations restrictions

Our Declarations dated 1983 state:
Campsites shall be occupied only on a seasonal basis and it shall be unlawful for any person to continually occupy any such campsite/lot/unit for more than ninety (90) consecutive days or for more than ninety(90)days in any single one hundred and eighty (180) day period. This specified period of use, or limitation of use of the lot cannot, and shall not be amended without the written consent of the county commissioners for Worcester County, MD.

Worcester County Code - amended 8/31/1993
Units or sites in a campground subdivision shall be occupied only on a seasonal basis and shall not be occupied as a place of primary residence or domicle. Between September 30 of each year and April 1 of the succeeding year, units or lots shall not be occupied for more than 30 consecutive days or an aggregate of sixty days. Any declaration of restrictions of a homoeowners association shall include language providing for such limited occupancy. Amended 8-31-1993 by Bill No 92-11.

My question is: Are we bound by our 1983 Declarations or do we automatically default to the 1993 amended code approved by the county commissioners? Our Declarations state that we cannot ammend this section of our declarations with the written consent of the county commissioners.
Is the new county code written permission? If not, do we need to address a letter to the commissioners asking for their approval to amend our declarations?

Thanks,
Barb

Thanks, Jeanne. That's what I thought until I read the following post from MaryA1 stating "Re county code, the HOA's requirements can be more restrictive they just cannot be in violation of the county code".

Since our residency requirement is more restrictive and not in violation of the county code, will we be held to our declarations if we don't change them?

MaryA1 (Arizona)

Posts:6562

07/24/2010 5:50 PM Quote Reply
Terry,

IMO, the HOA must abide by the Maryland HOA Act statute -- period. And, no, your gov docs do not need to be amended to incorporate this change. State statutes always trump the HOAs gov docs unless the statute states otherwise.

Regarding co code, the HOA's requirements can be more restrictive they just cannot be in violation of the co code.

Thanks, Mary. I see where it says that "HOA documents shall include language providing for such limited occupancy". Our declarations provide for "limited occupancy", just more restrictive... as you previously stated that HOA documents can be more restrictive than county regs. Hence, my concern about being held to our declarations "limited occupancy" statement instead of the 1993 new county code.

Our declarations basically permit members to occupy their homes for 6 months and the new county regs state 6 months plus 2 additional months from Sept 30 to April 1. Of course we would like to avail ourselves of the additional 2 months.
Thanks,
Barb

Thank you! I guess I'll just relax about changing our declarations regarding the limited occupancy and permit members the two extra months during the off season.
Barb