Selby Community Association
Selby on the Bay Property Owner's Rights
Perpetual use of the Common's Area - Clubhouse, Beach and Parks
All property owners located on the original sales plats of Selby on the Bay Properties (circa 1930) are entitled through the 1938 Anne Arundel County Circuit Court Injunction to perpetual, unrestricted use of the Common's Area property. The original sales presentations for this property included explicit language and a mechanically drawn plat that described the exclusiveness of this waterfront community and the rights each property owner possessed to use the entire area for private, exclusive uses. The only limitations of the owners are that each property owner uses the property in a similar manner of which would be consistent to the use of majority of the property owners in the community.
The Appellate Court decision, the Motion to Dismiss Appeal and the Opinion of the Court of the case by Judge Clark reaffirm this decree and go on to further explain indepth what the ramifications of the Perpetual Injunction are on the "Title Holder" and the property owners of this community.
The Selby Community Association's main focus for many decades has been the control over or limitation of the supposed owner's powers to change, lease or sell the use of the property for private gain. The original 1938 Injunction battle started over whether or not Mr. Williams could charge residents and non-residents to use the community's private beach, prompting Selby on the Bay property owners, Mr. & Mrs. Howard Robey to file suit against the real estate developer of Selby on the Bay (at that time William's Realty.) Today the SCA is still fighting supposed owners, Youth Development Foundation, to regain control over the Clubhouse.
The SCA has proven in court that the Clubhouse is covered by the 1938 Perpetual Injunction as the supposed new owners deny. More information about this matter will be added to the Current Situation section as we learn more.
To see more about the community's current situation go to Current Situation.
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Last updated 8/17/01.