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WESTWOOD VILLAGE COMMUNITY
ASSOCIATION, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
EVANGELOS DASKALAKIS AND
TINA GIANNARIS
Defendants
98- ,;!.;)'i.;5
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NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages/ you must take action
within twenty (20) days after this Complaint is served, by entering
a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money
claimed in the complaint or for any other claim or rel. ief requested
by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOUl,D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I F YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court House
Court Administrator's Office
carlisle / PA 17013
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CIlRTlPlllD COpy;
LAW OPPlCIlS
SAID.S, GtltDO. SHUFF II MASLAND
:it W. HIO" ~llEl' ~~109 MARKET $TRBI!T
CAItU$LB VA 11011 · li!\ldr HIlA.-. PA 1701\
'1'IlONJl(11;) ~43.6222 PHol!B1"!111 137.~
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KESTWOOD VILLAGE COMMUNITY
ASSOCIATION, INC. /
PlaintHf
IN THE COURT OF COMMON PI/EAS OF
CUMBERI,AND COUNTY / PENNSYLVANIA
CIVIL ACTION - LAW
v.
EVANGELOS DASKALAKIS AND
TINA GIANNARIS
Defendants
;.2 ;J J ~( {!t,;;'" 7;.<..-
98-
COMPLAINT
AND NOW, comes the above named Plaintiff, WESTWOOD VILLAGE
COMMUNITY ASSOCIATION, INC. / by its Attorneys Saidis, Shuff &
Masland, and states the following cause of action:
1. The Plaintiff / Westwood Village Community Association,
Inc. / ("Plaintiff") is a non-profit corporation organized under the
laws of the Commonwealth of Pennsylvania, with its principal place
of business at 650 Westwood Drive, Enola, Pennsylvania 17025.
2. The Defendants, Evangelos Daskalakis and Tina Giannaris,
("Defendants") / are adult individuals who reside at 115 Charlotte
Way, #202/ Enola, East pennsboro Township, Cumberland County,
Pennsylvania.
3. The Defendants are the owners of a condominium si tuate at
and known as 115 Charlotte Way, #202, East pennsboro Township,
Cumberland County, Pennsylvania (the "Propertyll) which is part of
the Westwood Village Condominium and under and subject to the
Declaration of Covenants and Restrictions of Westwood Village
Community Association, Inc. / dated January 29, 19'75/ and the
amendments thereto recorded in t.he Cumberland County Recorder of
Deeds Office at Miscellaneous Book 213/ Page 364/ (t.he "Covenants
and Restrictions") which Covenants and Restrictions as amended are
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incorporated herein by reference. A copy of the relevant portion
of the Covenants and Restrictions is attached hereto as Exhibit "A"
and Incorporated herein by reference.
4, The Defendants, as the owners of the Property, are
members of the Westwood Village Community Association, Inc., (the
"Association") and are governed by the By-Laws of the Association
(the "By-Laws"), a copy of the relevant portions of which is
attached hereto as Exhibit liB" and incorporated herein by
reference.
5. Article V o~ the Covenants and Restrictions and Article
III, Section 4, of the By-Laws, provide that the owner shall pay
annual and special assessments to the Association, which
assessments are to be paid in advance on a monthly basis.
6. Each annual assessment and special assessment, payable t.o
the Plaintiff, is determined as set forth in Article V, Section 3
of the Covenants and Restrictions and as set forth in Article III,
Section 4 of the By-Laws through the Association's Board of
Directors with wI'itten notice of the assessment to be sent to every
owner subject thereto pursuant to Arti.cle V, Section 3 of the
Covenants and Restrictions.
7. The Defendants were notified that the following monthly
installments of the annual assessments were due and payable to
Plaintiff in advance, as follows:
A. Assessment for the months of January through December,
1997, inclusive, on the first day of each month, respectively, in
the amount of Fourteen and 00/100 Dollars ($14.00) each.
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B. Assessments due for the months of January, February and
March 199B due on January 1, 199B, February 1, 199B and March 1/
1998/ respectively, in the amount of Fourteen and 00/100 Dollars
($14.00) each.
the Covenants and Restrictions and the By-Laws and became
B. Defendants purchased the Property under and subject to
personally liable therefor.
9. Despi te demands by the Plaint.lff, the Defendants have
failed and refused to make payment to the Plaintiff of the
installments for twelve (12) months of 1997 and for three (3)
months of 199B.
10, Article VI, Section 2/ of the Covenants and Restrictions
provides that the Association has the right to collect all
delinquent assessments together with interest thereon established
by the Board of Directors at 6\ per annum from the date the
assessments are due and the cost of collection including, without
limitation, reasonable attorneys fees.
11. The Defendants have damaged the Associat ion by their
failure to make payment of the assessments in accordance with the
Covenants and Restrictions and the By-Laws.
12, As of the date hereof, Plaintiff has incurred reasonable
legal fees in connection with the preparation and filing of this
Complaint in the amount of Seven Hundred Thirty-Seven and 50/100
Dollars (737.50).
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WESTWOOD VILLAGE COMMUNITY
ASSOCIATION, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
EVANGELOS DASKALAKIS fu~D
TINA GIANNARIS
Defendants
98-
VERIFICATIQN
I, Dixon Hemma, Treasurer for Westwood Village Community
Association, Inc., a Pennsylvania corporation, being authorized to
do so on behalf of Westwood Village Community Association, Inc.,
hereby verify that the statements made in the foregoing pleading
are true and correct to the best of my information, knowledge and
belief. I understand that false statements herein are made subject
falsification to authorities.
to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
WESTWOOD VILLAGE COMMUNITY
ASSOCIATION, INC.
Date I 4!'f-h~
~~d
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Dixo Hemma, Treasurer
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DECLARJlTIOIl OF COVENANTS AND RESTRIC1'IONS
WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.
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TillS DECLARATION, made this ~9.11. day of ~',;"ut' ",
1975, by M.L.W. CONSTRUCTION CORPORATION, e Mar~nd gat~orat10n
(herttinllfter referred' to .. the "Developer."'.
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tIllEllEAS, the. DeveloplJr is the fee simple owner'of certaln ,
real property located 1n East Pennsboro Township, Cumberland County,
PennsYlvania and more particularly described in Exhibit A Attached
' ' hereto and made 1\ part hereof, which real pr.operty and llny other
real property which may be dlJeded by the Developer to 'WEs'rWOOD
VILLAGE COMMUNITY ASSOCIATION, Ille. toqether with the recreational
' and other cOlM\un1ty lacilitiu, improvements and open spaces bo1ng
developed thereon is hereinafter referred to as the .Community
Facilit1es"1 and . .... . .
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tIHEIIEAS, said COlMlunity Facilities lire beIng devoloped for
the un and belleH t of a residential community: !=onsisting of ap~
proximately 926 dwellinq units to be constructed in. fil(ct. or .more
" ph..e. on fJ.ve adjacent trllcts of real propel;tYI a"d::-:;.'(' ..:..' ,
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WllEllEAS, the Developer desires to p,rovide .for the 'preservation
of values and amenities in said cOlMlunlty and for the'maintenance
and operation of the Communi.ty Facilities, and, to such and, 'dBslr"a
to subject the real pi'operty constituting each of thephaoes of
residential development, as the construction of each such phaso (
is completlJd, to the covenllntll, restrictions', easements, charqos',
asaessmontll and liens hereinafter set forth, each and all of whiCh
are for ths benefit of the communLty and each ewner therein I end
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WIlEllEAS, in c'rder to so pr8llerve the'valu!!s and. amonities in.
the co~~unity, tho Developer has deemed it desirable to create
an entity to which the Community Facilities should be decided and
to which should be delogated and assigned the powers and dutios
of maintaining. operating and administering the Community Facili~ .
tios and administering and enforcing the coven~nts and rostrictions
and collecting and disbur.sing the.allsessments and charges herein-
aft..r creltedl and ,'."
tIllEREI\S, the DeVeloper has incorporated under the laws 'of
tho Commonwe~lth of Pennsytvania, as a non-prOfit membership
corporation, WESTWOOD VILLAGE COMMUNITY' ASSOClATION, INC.. aa,. the. ,
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ontity to whLoh tho Community FacilLtiel wLll ~o deoded tOt ,tho,
purpolI of elCerohLn9 the atorudd tunotionl,. Ind
mlEREAS, Phal. I ia being oontemporaneoUlly lubmitted to tho
provisions ot the Unit Property Act ot Pennsylvania pur.uant to .
racordod Declara~ion Creating and EltllbUlhing Iflt8twood Village .
Condominium, Which document ala'o Provides thllt laLd oondominium
projoot Clln bo OXPlInded to:!24 dWClULng units by incLuding the
. IUCCOOding three phllUs ot. construction which togethor with p~u.
I will encompllss tour of the five traots of real propartr constitut_
in9 tho reeid"nt.1d commurll,ty to b. Ufvec;t by ..tllo ~0111l1\Wl.. ty Fao.1lJ.,;, ,
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WI/SimAS, the t.l.fth traot 1:0 be inoluded in thll 'relidenthl '
oOmmunity is currently Zoned tor the construction ot approximately
702 dwell.1nq units whiCh will not be inclUded in tho ator.laid'
WestWOod Village Condomln.1um project. . I
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NOW, TI/EREFORE, the Developer declares that: tho relll property
Conltltijting Phase I, and ,such additions thereto as may heroatter
bCl mado pursuant to ArtiCle II horeot, is and shill be held.'
transterred, SOld, conVeyed and OCcupied SUbject to.the covenants,.
restriCtions, Oilsementsl ASSessments, ChArges and liens (sometimeli .
r.t",.." t, .. th' .CO"""'"!',""' '""tr"'~"~~~1 "''''''''''t,.r..\~.r,!>~
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.' ' . 'DEFINITIONS . ,". . . . .
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~ection 1. Definitions. The fOllowing Words when' Used in
this DeclarAtion or any Supplementl4l. Declarlltion ('unless the' con-
teXt shall prOhibit) 'ShAll hAlle the fC!llowing meanings, ' .
(ll) "AlISOchtlon" Shllll mean and refer to W~S'1'I~OOD Vl'LIiAGE
COHHUNITY ASSOCIM'ION, INC. : . :..;" '.::'" .J '.
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. (b) "The Properties" 8hall mean llnd. reter to 1111 8uch existili9
rOlll property, and any additions thereto,'as llre subjeot to this, . .
'Dllclal"lltion 01' AnysupplernOntal DeClaration under the pr(wisions ot .
. .Article' II .hereof. ' " : . . , . '.".: :'. . .:. " ,
. (0) "Dwelling Unit" shllll meAn and refer ~o any portion of a
bUilding situated upon The Proper.ties designllted lInd intended tor
use And OCCUPllncy as II residence by a Single family, and may includ9,
units so deaignated un~er the Unit Property Act ot PennsYlvania,
8.1n']10 tamUy homes or lIIultifamily bUildings. .
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(d) "Owner'" shall meAn And refer to. the record' owner, whether.'
ono or more persons or en l:i tLlls , ot the fee sim\)le title to ,eny '. ;. ,
indiViduAL Dwelling Unit 01' Any buildin9 COntainin!l more than one :.,.: .
DwOlling Unit Under Iin9J.o oWnljll"Ship sit1,lated. upon. ~~e .PrpPe,rtJ...., .;: "
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bijt, notwithstanding any applioable theory at the mortgage, shall
no~ mean or reter to any perl on or entity whioh holds lijeh interllt
merlly a8 leoijriby, ter the pertormance ot an obligation, inolijding
a mortgagee, unlel, and until suoh person or entLty has acquired,
loa limpla title pursuant to foreclolUtl or any proClading in lilu
Of foreclolure. , " . " . . " , . ,. . . l. '''. '
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Cb) At anY'time within a pe:iod of seven yoars from the date
that this Declllration is recorded, the Developer, its SUCOessors '
and 4SSigns, shall have the right after Obtaining the oOIlSent at ,
the Board at Directors of the Asso:iation, bijt without Obtaining '. .
the COMont of tho MlImbeu, to bring within the soheme 'at' this .
Deolaration additional real property to be Used as Community Faci-
lities/ provided, however. that the additional red property ~s .
from the real property deScribed in Exhibit C~4 alld is deoded to .
the Association Cat no COSt to the ASSociation) with all improve_ .
ments completed thereon and is frea and clear of all indebtednel,.
Ic) The additions allthorized under this Article II shall be '.
made by fLling of reoord in the land reoords of CUmberland County,
PennSYlvania. one or more SUpplemental Declarations of COvenants
'and Restrictions with respect to the additional real property which
shall oxtend the Scheme of the Covenants and Restrictions Of this
DeclaratLon to ellch additional real property. .
Cd) Any Such Sllpplemental DeClaration may Contain sllch
complementary additionl and modifioations of the Covenant_ and'
Restrictions contained in this Declaration a. may be necessari
to roflect the different character, if any, of the added real
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(0) "Member" shall mlan
Member. at theA',ociahioo a.
aod refer to a~l thoue OWner. who arl
Pljovided in Article IU hereof.,.;.,
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ARTICLe Xl
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PRO(lEn\~ SUBJEC~TO THIS DECLARATION / ADDITIONS TlllmETO
Section' 1. txistL~ Propert~. The real property which is,
And shall bo, held, transferred, 'old, ConVeyed and OCcupied eub-'
'ject to this lleclarlltLon is located in East Pell/lsboro TownShip, .
Cumberland County, Pennsylvania. is'herein refarred to 8S .Pha.e ;'.
IN end il more partiCUlarly descr~bed in EXhibit D her~to. . .
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Section 2. Addition to Exi.tin
Facilitios. Additioni rea property may
Declaration io the follOwing manoer,
(a) At any time Within a period of .even years from hllo dati'
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and aSSigns, shall heve the riqht, without obtaining the'conseot
'of the Nflmbers,. to bring within the Scheme of this DeClaration '
additional real property in future phases of the cOnstrllction of
,the residential community referred to abOVe/ prOVided, however,
that sllcll real property shall be from lImong the four tracts of . '. '
roal property which are more particlllllrly describod in Exhibit.
C~l throllqh C-4 Which are at;tached hereto Ilnd mude 4 par\: horeof, '.
and, prOVided further, that any SUch additional real property to-.
gather with Phase I shall, noi: inclUde or havo constructed theraon "
in OXOess of 926 Dwelling Unit.. SUch additional real proporty "
may, but need not be; part of th~ WestWood Village Con4ominium
projoct rlter.r:ed to above. . '... . .., '.', ..,......
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DeClar~tion, In no event, however, shall ,uoh SUPPlemen~al
Deolnration revo~Q, ",odity ur add to thll covenant, 81tllblhhed
by this Deolaration. within ~hase 1 or within any other relll
proporty theretofore a<.lcled pursuan t to 1\ prllvious SIIPP1ementd
Deolaration ONCept by virtue of the Doveloper's d~Oding additional
real property to the. Assooiation for USe a. Community Faoilities.
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~nTICLE III
"'IlMDllnSIlI~ AND VOTI~ll RIG/ITS IN .JI/Il ASSOCIATION
. !ieation 1. Total Membershie. Tho a.uthortzed number of
memborships of the AssoCIation shall be 1,852, ot which no more'
thM .92G 'hall be iSsued and outstanding at anYone. time. The
memberships shall ho ot tllO claSses A 1IIJd D;
~eotion 2. Class A Momhorshi~. EVery Owner SUbject by OOven~nt
of rOCord t.u assessment by the ASSOciation shall be a Class A mem_
ber of the ^9Soaiat.ton. Each Class A Mamber shall bo ont.ttled to
one Vote tor onch Dwelling Unit Ilhich Such Membor indiVidually
OllnS of rocord or Ilhich is Con tained in II bUilding IlhJ.otl lIuch
Mombol:' Ollns of record I provided, however, that there lilll be no
more than 926 Class A memberShips, all haVing one Vote each. '.
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SOotion J. Class D MemberShips. There shall be 926 'Clns9 D.
momborships, all of I.hieh shalJ. be iSsued to the DevelopeJ.', or to,
its nominee or nominees. Ilach Class D Mamber shall bo entitled
to throe Votes fo~ eaoh Class B memberShip so held. As each Class
A memberShip oomes into existence and is issued, one Class n mem-
berShip shall lapse alld become A nUllity. 1111 Class n membeJ.'ships
shall Inpsll and beoome a. nUIHty on the first to happen ot thll . .'
'tollowing events. .
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(al I~hen the total iSsued And outstanding Class 11 membership's
ollUal 9261 or
(bl On Ootober Jl, 19811 or
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(QI Upon the written surrender of said Clllss B memberships
by the then holders thereOf tor oancellAtion.
ARTIcr,E I~
f.!!9PERTV _RIGHTS IN THE CO~L'I~ITV FACILrTIJ!:~
SectIon 1. Members I Easements of Eniovment. Subjeot to the
provhions ot SectIon J of lhis Artiole ,.every Member shall hAve
a nonexolusive right and CAsement of enjoyment and Use in and to
the COmmunity FacIlities and SUch easement shall be appurtenAnt to:
and shall pass With the title to eAch Dwelling Unit whioh SUch
~Icmber indiVidually OWlls of record or Whioh is contained in A
b~J.1ding WhICh 'uoh ~l\lmber Owns ot recOl:'d.
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Sootion 2. Delegation of Right of Enjoyment. Any Member.may'
dolegate his right of enjoyment of the Commun~ty Facilities to (a)
molllben of his family, (b) his guests, and (c) his tenants who
rosida within a P",elUng Unit and their families and guests, all.
SUbject, hOllevor, to the prOvisions ot this Declaration and the
Articles of Incorporation and BY-Laws of the Associaticn.
Section J. Extent of ~Iembers I Easements. The right and ease-
mUnt of enfoyment and use created hereby shall be subject to the
follow in,;,.
(a) Such easements, agreements and interesta as may be appli-
cabla to the Community Facil.lties set forth irl Exhibit A at t.he tima
of execution, of this Declaration or as may be applicable to additional
Community Facilities as of the date they are deeded to the Association,'
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. (bl 'rhe right of the ASSOciation to make and enforce rules
and regulations pertaining to the use ~nd enjoyment of the Community
PacUi ties provided such rules and regulations are 'consistent with
tho purpOses of this Declaration; and , .'
. (c) The right of the ASSociation to levy reasonable admission
Charges and other fees for the use by Members ahd their guosts at
any ,recreational hcUity situated within' the Cemmunity FaciUtieo;
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fd) The right of the ASSOciation to limit the nUmber of guest.
at Members or their tenants; and' ":
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(e) The right of the ASsociation to SUspend the voting rights
and tht! rights to the Use of the Community Facilities (excopt for
I:'ights to the Use of streets, roadways and parl:ing areas, Wl1ich
shall not be subject to Suspension for any reason) tor any poriod
during whiCh any assessment remains unpaid and, for any period not
to excoed thirt:( days, for any infraction of anl' of the. pUblhhed .
rules and regulations of the ASSOciation; and
(f) The right of the Association to grant rightS-Of-way and/or
easements for any public utility purpose to any governmental agency,
public utility or to the Developer for the purpose of the instAlla-
tion and/or rnaint'!!n.:mce of such utilities ~s .may b'! necessary to
serve any cf the Community Facilities or to serve any Portion ot
The (Iroperties; prOvided, however, that no such easement. and/or
rights-ot-way Shall be permanently inconsistent with the enjoyment
ot the Convnunity FacUities by the Hembers ot the Auochtion.
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Any rights of the As,oc1ation reserved ~Iereby may' be exerohed
by the Board of Directors of the Association'excopt to the extent,
to which such rights are directed to be e~ercised by ,the Members.
Seotion 4. Title' to Community radlities. Thli Developer may
retain-Ehi legal t4tle to the CommUnity Facrrrties .et forth in Ex-.
hibit A until such time as it has completed the recreational faci..
BOOK 213 IAcr :WS . ,
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Section 1, COl/enant for ^""Clnnmolll:a "lid crllllt.tOn of Lien Md
' PorsOn"l Obl!'Jntioll. '!;llii-ilijvuTiii;;;r'~lu'r~o'iioft OwilTi"9 Unit owneaJjy
it or to bo crolltCQ by it wil;1I1n '1'1111 "I'O(lOL'UuS hor~bl' CoVOnilllts
and ollch Ownor of any individulll lhllll.lln\l Unlt or IlnV bUilding co,,-
tnining more thlln OIlL! OWllIUIIII tlf,l\; I1V lI11lJll(ltllnco of II dceel therefor
whothor or not it shllll bu au BXrrollou" In any such eleeel or other
oonvoynnco, is doemed to CUVQnant Illld IlIlL'OQ to I'llI' to the Assooiation:
(n) III1nulIl assessmelltll CL' otliUj/llll au (lL'Ol/ided herllin, and (b) speotal..
assessments to be flxud, 06tllbllnho'l II/HI oolleoted fl'om time to' time,
liS hCt'cinllftor prol/iuou. ~'h(J n/Hlu"l IlllneslJ/lIontn Ilnd specilll Ilssess-
monts, together with interest thereoll IInd 008ts of Oollection shnll
be II ohnrgo on tho OI/ollinl] Unit OL' tllo bUlluing oontnining multiple
,Dwelling Units which IIn OWnut' aI/II" Clf t'llcorel and shall be n oonl:'inuing
lion upon the DW011lng Units whicll .n Owner owns of record and IIgniost ,
.which Such nssessmllnt is rondo tro," the time Ouch IlSSeSl/ment is mnde
until.pliid in tUl1l provided, hOl/ovet', tlh1t, whore nny portion of
The Propertios hnl/ boon Sl.\bmlttud te the Unit Property Act, no pnrt
of the COlluno" Eloments of ouch porti"n of 1'lIe Pl:opertles shall bQ
subjoct to nssessment by tho A81l0cintion. Ench Ill/I/ossment, tog"ther
with intorost thoroon nnd coOt8 of cOllootion, shnll also be the
'juint nnd several porsonnl oblLgntlon or tho porson, group of por-
sons or ontity I/ho WilD tho OWllor of. tho Ilssessed property I.It the time'
whon the assessmont boeame duo. ^osessments by the Association, prior
to such time liS the DOl/eloper hilS trnlls f.o,~red title to the Community .
I''',cilLtios set. forth ill Exhibit ^ to tliu ^ssOcllltion, shlll1 be pniet
to tho Doveloper to the oxtont requlrou to f.ulf.ill the purposes set
~orth in Soctlon 2 below, but ulinll not oxcuod the nnnunl sum of
$100,00 for onchDllellill<] Unit, and none of the fundll derived from
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such assessments m~y be dSl/otou to oKpendituros for capitnl imp~ol/e_
monts I/hlch are the soh rssponslbLlity of. the Developer. . . ,.
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Section 2. Purpose of' Assessment. The assessments'le'vied by
the Assocfation shall be used for the purpose of promoting the
recreation, scenic enjoyment, health, Welfare and safoty of the
.lenibers ilOd in particular for the maintenance of the Community
FaCilities, inClUding, but not limHed to, the payment Ofl
(a) All operating expenses of the Community Facilities, ,
.including services furnished I and .
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(b) The cost of necessary management and' administration,'
inClUding fees paid to any Nanagement Agent, and
(c) Taxes and assessments levied against the Association or
upon My property which it: may Own or which the Association i.s
9therwise required to paYI and
(d) The cOst of fire and extended coverage insurance, com~'
prehenSive liability insurance, fidelity insurance and the cost
of SUch other insurance os the .Association may procure/ and
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(e) The cost of funding an adequate reserve fund for rep14ce~ .
ment of the improvements inclUded in ,!,;he Community. Facllitiosl and "
(f) The cost of repairs, maintenance and .replacoments of th~ ':
Community Faeili ties. , ,
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Section J. ^nnual Assessment. It shall be tho duty of the
Board of Directors of tfie ASSociation to determine the amount of
tho annual assessment for' each Dwelling Unit (inclUding Dwelling
Units in a bUilding under single Ownership) for each assessment
year. The annual assessment shall be the same for each Dwelling
Unit in an assessment year; prOVided, however, all The Properties
ate expanded to include more Dwelling Units or ~s additional Commu~
nity FaCilities are obtained within any given assessment year. an.
appropriate and uniform adjustment of the remaining installme~ts
of Such assessment shall be made in accordance with the afores~id
standard of treating each [)''''811ing Unit alike for each full C.1J:endar
month during Which it was part of The Properties regardless of its
size or location. The annllal assessment for any Dwelling Unit for
any assessment year (after the first annual assessment as prOvided
in Section 5 of this ^rticle) shall hecome due and payable and a
lien against the Dwelling Unit or bUilding containing multiple
D''''~lling Units on the first day of the first month of each calendar
year upon which .it became part of The Properties. The Board of,
Oiroetors of the ASsociation shall give written notir.e of the
annual assessment to each Owner at least thirty days prior to the
fir&t day of each assessment year and shall give further. written
notice of changes in assessments reSulting from expansion of The
Properties or Co~nunity Facilities as soon as practicable after
tl1ll1 facts of Such expansion are known. Assessments must be made'
on the buis of equal monthly installments within any asses.ment.
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eoox 213 "ACE :;70
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(lor:.lod Ollaopt III A tteotod by ahllOq80 rllaulting frQm ollPllnsion Qf.
'1'ho ProportLu or tho ConulIunity FlIllilJ.tiool sdd instAllments Ihall
bo P4Y41lJlu in IIdvlIlIllO \III tho tiUt dllY of uoh oalendar'mont.h..
Sootlon 4. Rpnallll Aa"~~"IlI"lItl. In IIddition t.o t.he anriual
UUliiniOi\t'iiUi:-JiO'rfi,iill,y-'tlili.-A,:t Turo, the Aosaah tion may from
tinlata Hmo !mvy " "Iltwllll /lOoon'lmont for tho purpose ot dCtfray~
illq in Whol" 01' ill Pln't tho oont of Any rlloonot.ruat.ion or unoxoeat.ecl
. ropalr of 4ln iIllPI'OVOIllI"ll, 100lltOtl upon tho CommUnity Faoilities,
inoluding tho nOllDOUnry fixtureu nnd personal propert.y relatod
thereto I provltlod, hownvor, that /lny speaial assessment. shall
only be loviod by a t..luolutJ.on approvad by a Inlljority VOt.e af
CHiCh ChUdof ~lomhol'U (bAsod lIpClII tho ont,ire outstandin9 member~
ohipl at oaoh CIAnI) At a mootln9 duly oalled for suoh purpose
at which II 'luorum La prOoltnt, ~Irltton flot.loe of \~hioh sh~ll' hllve .
dhololod tll" put.POI/O 'of tho II11totin9 and shall have been sent to
/Ill ot tho ~tomhorn clt lUllS t thl rty d.,yo in Ildvanco at such meeting.
Tho due dllto lor tho pllymont at any spooial assessment shall bo
filled 1/1 l:hCl l'Illl01Utlun authorizing sUoh lIosesllment. l\ny'speoial
anlouUlnllnt loviutl by tho A""oelatlon pursuant to this Seotion ,4
sholl be the R/lmu P'H' 1J'~ollin\l Unit linc:ludl.nl/ Dwellin9 U;lits"in
a building undllr lin\llo ownor.shlp) . '.'
Soot Lon 5. Commonoemnnt 0" AnnulIl Assessment. The annual
IIUflliiiiiOiii:j,ot'llld flll.:i11'-commenco on the firstdllyot t.he .month
101lo\~ln<] the II rst Oonveyance by tho Devoloper to the Olmer of
My 11\~ellJ.n9 Unit in l'hllsG I, Tho first. annulIl assossment shall
be mAde tor the balftnoll of the IISsessmont yoar Md shall become
due IInd pnynbla IInd a lion On the Ilwellin9 Units liS of tho dote
of conveY/Uloe of t.ho lirat Dwellin9 Unit as aforeuid.
Sootion G, IIllllorvCl tor lIep14oements. The Assooiation must
estoblish and ~ALntain IIn IIdequllto reservo fund for replllcements
by tho 1I11ooat.ion and payment (tro~ ellch monthls installments ot
the IInnUlIl assOlamont.) to suoh reserve tund of on IImount to be
doai9nlltod tron\ Umll to time by the BOllrd of Directors ,t the
AosoolahLon. SUllh tUnd ohall be conolusively deemed to be a
common fund at tho ASSocLation and shall be crodit.ed Upen the
beoks ot tho Asuocilltion tQ tho "Pllid~in-Surplus" IICCount. as a
Cllpitlll COlltributioll by the Numbers. SUch fund shllll be dopos~ted
in a spocial ~ocount with a londing institution the aCCOunts of
which lira L!IOurt/d by 0111 Agoncy ot the Uni tod States of AmoriOIl or
lilliI', in tho dLsarlltion of laid DOliI'd of Directors, h" invosted in
obliglltions Whioh Ire fUlly gUllrant.eed ag to prinoipal by t.he .
United Statas of Amerillll, The reserve mllY ba expanded only for
ropl/lcQmonts of the COlllIllUllity Facilities. The 'proportionate in-
tora8 t. ot 11111' ~Iombor in luch rasorve shall be considered an' ftp~
PUrtonllnco ot his Dwelling Unit (inclUding Dwelling Units in-
cluded in 0 bUilding under 8ingle owne~ship, and shall not ,be
loparately WLthdrllwnl aasigned or t.ransferred or otherwise sep~
oratad trom the property to Which it appertains and shall be "
dOt/med to be transferrlld with'such. Dwelling Unit or. Units.
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S~ction 7. Assessment Certificates. The Board of Directors
of the Assoc at on shall prepare an 'maintain a roster of the
Dwelling Units (including Dwelling Units within a building under
single ownership) and the annual and special assessments and
charges currently applicable thereto lInd shall make such .roster
available for inspection of Members Upon request. The Association
. shall, Upon demand, at any reasonable ttme, .furnish to any, Owner
liable for any assessment or to any first mortgagee of a Dwelling
Unit or bUilding containing Dwelling Units a certificate in writing
signed by an officer or other authorized agont of the Association,
stating whether such assessment or charge is paid or unpaid. Such
cartificate shall be conclusive evidence o.f .the payment Qf aily
assessment or charge therein Stated to have been paid. ^ reasonable
'churge may be levied in adVance by the ASSociation for each car-
tiflcate so delivered. .
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ARTICLE VI
NON-PAYMENT OF ASSESSMENTS RE/H::DIES' SUDORDINATION OF LIEN "
Section 1. Non-PaYment of Assossmonts. Any assessmont or
installment thoreof levied purSUant to these covenants which is
not paid on the date when due shall be delinquent and shall, to-
gether with interost thereon and costs of collection as hereinafter
provided, become a continuing lien upon the Dwelling Units against
which such assessment is levied purSUant to Sect.ron '1 of Article V
hereOf. All assessments shall bind such Dwelling Unit or bUilding
in tho hands of an Owner, his heirs, devisees, personal represen-
tatives. SUccessors and assigns. The Obligation of such Owner to
pay such assessment. however, shall also remain SUch Owner's por~
sonal joint and several obligation for the statutory period.
Section 2. Remedies. If any assessment or in~tallment thereof'
is not paid within thirty days after the due date thereof established
by the Board of Directors of the ASSOCiation, the delinquent nmount
shall bear interest from the due date thereof until paid at a laWful
rate established by resolution of the Board of Directors of tho As-
Sociation at the beginning of each ~ssessment year. The ASsociation
may hring an action at la\~ against the Owner personally obligated to
pay tho same or may foreclose the lien against the Dwelling Unit
tir building containing .ultiple Dwelling Units in tho manner pro-
vided by law. In either Ollont, the ASSOCiation shall recover from.'
such Cw"er or out of the proceeds of foreclosure aCcrued interest
and co,;ts of COllection, inClUding but not limited to, reasonable
attorneys' fees. No Owner may waive or otherwise escape liability
for the assessments prOvided in this DeClaration by non-Use of the
Community Facilities or by. abandonment or non-Use of his Dwellin9
Unit or Units. .
Section 3. SUbordination of Lien. The lien of the assessments
provided for in this Declaration shall be subordinate to la) the lion
of any real 'estate taxes' or genoral or special assessments by the .
local taxing authorities imposed on the Dwelling Urlits or building
containing multiple Dwelling Units, (b) the lien of any first.
mortg<lge now or herellfter Placed upon any Dwelling Unit or building
containing mULtiple Dwelling Units slilijoct to assessment, and (c)
lions created pursuant to any Declaration Creating and Establishing.
a Condominium pursuant to the Unit Property Act by reason of Unpaid
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.'SS08sment to the Co,uncU of such Condominiwn having jurisdiction
over' any Dwelling Unit or Units. In addition, II first mortgageB,
of ~ny, Dwelling Unit or building containing multiple Dwell~M',
Units ,who comBS into possessicn of II Dwelllng Unit or bui~dln'g'
containing multiple D\~elling Units pursuant to tho remedie,s pro-
vided in the mortgAgo, foroclosure of the mortgage, or doed '~n ,
liou of foreclosure, shllll take the DWelling Unit or building ,
. tree of any claims for unpaid charges or assessments of the
ASlJoaiation at the time, but not lifter' the time, such mortgagee
camelS into possession of the D\~olling Unit or building (except
for claims for a pro rata share of such charges or assessments
rElllulting from a pro rata reallocation of such chargos or assess-
mc,tnts to all Dwelling Units including the mortgaged premises). '
ARTICLE VII
M}I.NAGE~IENT AGENT
. 'Seotion 1. Manaqement Aqent. The Association may employ a
, '. ,professional mllnagemen t agent (the "Hanagement Agent") or other '
,:",., prOfessionals, at a rate of compensation to be cstablished by the",
';,' UOllrd of Directors of the ASSOciation, to perform such duties and "
'8orvioes as the Board of Di/:'6ctors shall authorhe.'
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!ill!ICLE Vlli
INSURANCE/ CONDEMNATION
Section 1. Insurance for Denefit of Association. Unless at
least throe-fourths (374ths) of the mortgagees holding first mort-
gllgoS on real property encompassing throe-fourths (3/4ths) of
tho Dwelling Units give their prior \~ritten approvlll to a different:
typo at' amount of insurance coverage, the Association shall obtllin
and maintain tho following insurllnce coverage, '
.
(ll) Insurance coverage on. all insurable Community Facilitics
affording protection against loss or damage by fire and other
hllzllrds covered by tho standard extended cov~rage enforsoment.
Such coverage shall be in lIn amount equal to the full replacement
vlIluo of sllch insurable Community Facilities 'as determined annually
by the Board of Oirootors \~ith the llss!stllnce of the insurance
company furnishing such coverage. Insurance proceeds for casualty
lassos to the Convnunity Facilities, by the terms of ~he in~urance
policy or pOlicies, shall be p<1id to the Assocint,ion and shall be
llpplted by its Doard of Directors to the repair, replacement or
roconstruction of such Commllnity Facilities. '
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(b) Fidelity insurance coverage against dishonest: acts on the
part of directors, Officers, employees or agent, of the ASSOCiation
or ~lanl:'J"ment Agent or volunteers 'or trustees who are responsible
60JX 213 UCE :;'13
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BY-LAWS
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~ESTWOOD V!LLAGE COMMUNITY ASSOCIATION, INC,
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ARTICLE I
NAAF. AND LOCATION
Seotion 1. Name and Location. The name of this corporat,!on
is ~mSTWOOD VILL/lGE COMMUNI'!'''' /lSSOCIATION, WC. (hereinaftor
referred to as the ~/lssoclation"), Its initial principal oCfice
Is located at 5082 Lnac Lane-;--'lIarrisburg, Pennsy,tvania or lit such
other place BS the Uoard of Directors may from time to time d3sig-
nate. ' '" SO, WQ;;;.twc:."bd Dq~ "-
ARTICLE: II
nEFINITIO~
Section 1. Definitions. The following words when Used in
these BY-La~s shall have the following meanings:
I (a) "Developer" shall mA<ln and refer to M.L.W. Construc::ticIn
' Corporation, a Maryland corporation.
(b) "Declaration" ahall mean and refer to thot certain
Declaration of Covenants and Restrictions, Westwood Village Com-
munity Association, Inc., Phase ~. dated January 29 , 1975, by
M.L.W. Constructi:," COl'poration, and recorded in the land rccorcls
of Cumberland County, Pennsylvania. together with any amendments
thereto or any Supplemental Declarations adopted pursuant thereto.
(c) .Community Facilities" shall mean and refer to the real
property described in Exhibit 1\ to the Declaration and any other
real property which may be deeded by the Developer to the A~sociation
together with the improvements erected and to be erected thereon and
any related fixtures or personal property.
(d) "The Properties" shall mean and refer to all real pro-
perty which becomes subjuct to the Declaration other than the
Communit.y Facilities.
(e) "DWellIng Unit" shall mean and refer to any portion of
a bUilding situated upon Th~ Properties and dosignatecl and intendod
for Use and OCCupancy as a residence by a s1ngle family, and may
include units so designated under the Unit Property /lct of Penn-
sylvania, single family homes or units in a lTIultifamily DUiluiuy,
Exhibit "a"
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(fl "Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of the fee simple title to any
individual Dwelling Unit or to any buildin~ containing more than
one Dwelling Unit under single ownership, and situated upon The
Propertiec, but, notWithstanding any applicable theory of the mort-
gage, shall not mean or refer to any person or entity which holds
such interest merely as security for the performance of an Obliga-
tion, including a mortgagee, unless and until such person or entity
has acquired fee simple title pursuant to foreclosure or any pro-
eeeding in lieu of foreClosure.
(91 "Member" shall mean and refer to all those Owners who
are Members of the Association as provided in Article III hereof.
...
ARTICLE II I
!:!E:MBERSIIIP; VOTING RIGHTS; ASSESSMENTS
Section 1. 10~a! Membership. The du~hdrized number of mem-
berships of the A~sociation shall bo 1,852, of which no more than
926 shall be issued and outstanding at anyone time. The member-
ships shall be of twrJ clClsses A and D.
;
Section-?,~Class A MemberShip. Every Owner who, by reason
of the Declaration, Is subject by covenants of record to assessment
by the ASSOciation shall be a Class A Member of the Association.
Each Class A Member shall be entitlod to one vote for ouch Dwel:ing
Unit which suc:h Mrmmer individually owns of record or which is con-
tained In a bUilding which Such Member owns of record; provided,
however, that thero will be no more than 926 Class A memberships,
all haVing one vote each.
~ection 3. Class B MemberShips. There shall be 926 Class B
memberships, all of which shall be issuod to the Developer, or to
its nominee or nominees. Each Class B Member shall be entitled
to three votes for each Class B membership so held. As each Class
A memberShip comes into existence and is issued, onp. Class B mem-
bership shnll lnpRo and become a nullity. 1111 Class n memberships
shall lapse and bocoml.'l a nullity on the first: to happon of the fOl-
lowing eVf1nts:
(ll) Whf!'l t.:he total issll'lld and outstanding ClasG 11 memberships
equal 926: or
(hi On October 31, 1991; or
(c) Upon the written surrender of said Class D memberships
by the th~n holders thereof for cancellation.
Section 4, Membership Assessments. The rights of membership
are subject to the paYlTlont of annual and special assessments levied
by the ^s~ociation, th~ obligation of which assessments is imposed
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, agains~ each Owner pf and becomes a lien upon the property again9~
which such assessments ere made as provided by Article V of the
Declaration ~o which The Proper~ies are sUbjec~, Which is recorded
in ~he land records of Cumberland County, Pennsylvania and which
provides as followsl
(a) Covenant for ^ssessments and Creation of Lien and Per-
sonal ObIieratlon .- '1'he Developer for each D\~eUing- UnIt owned by
l~ or to be cro~tod by It within The Properties hereby coven~nts
and each Owner of any individu~l Dwelling Unit or any building
containing more than one Dwelling Unit by acceptance of II cloCld
therefor, whether or not it shall be so expreGsed in any such
deed or other conveyance, is deemed to coven~nt and agree to pay
to the Association: (i) annual assessments or charges as provided
herein, and (ii) special assessments to be fixed, established and
Collected from time to time, as hereinafter provJded. The annual
assessments and special assessments, together with intcrest theroon
and costs of collection shall be a charge on the Dwelling Unit or
the ,bUilding containing mUlt,iple Dwelling Units which an Owner
owns of reCord and Gh~J.I be a continuing l.1.en upon the Dwelling
Unit or the building Containinq mul~iple DWelling Units which an
Owner Owns of record and against which such assQssment is mnde
from the time such aSseSSMent is made until paid in full: pro-
vided, however, that, where any portion of The Proparties has been
submitted to the.Unit Prop~rty Act, no part of the Common Rlcmonts
,) of Such portion or The Properties shall be subj~ct to n!;:'lO!JSII1(Jnt:
by the ASsociation. Bach assessment, togother with IntcronL th<;lru-
on and Conts of cOllection, shilll also be the joint ,)/ld rlOVC'I"i1J.
personal obligRtion of th~ parson, group of pernons or entity who
\~as the Owner of the assessed property at the tilllll whG'n the! i.lS:::CS9-
ment becamo due, Assessments mado by tho ^ssociation, prior to
SUch time as t:he DQve.!.opor has trunsferred title to thn ConulIunJ,ty f
Fncilities !Jot forth .in ExhJb,lt A to the ARROC!r)tion, nhilU 1)0
p,1id to the Developer to the extent required to fulfi.J1 the
purposes set forth in Pllragraph (b) belo\~, but SIM II not eXceed
the annual sum of SlOO.OO for each Dwelling Unit, ilnd none of
the funds derived from SUch assessments may be devoted to oxpen-
ditures for capital improvements which are the Role res~ansibility
of the Developer.
(b) Purpose of Assessment. The assessments levied by the
Association Shall be Used for The purpOse of promoting tho rOCt'l!a-
tlon, scenic enJoyment, healt~ welfare and safety of the Members
and in partiCUlar for the ,ma in tenanc\! of the Conununi ty I" acl Ii tie$,
InclUding, but not limited t~, th~ payment of:
(I) All operating expanses of the Conununity FACilitias,
inClUding sorvicos furniShed; and
(ii) Tho cost of ncce$aary management and administration,
inClUding fees P,1id to any ~Ianll.ge",ont Agent: and
(iii) Taxes and assessments lovied against the Association or
upon any property whlch it may OWn or which the Association is
othurwisa r~quircd to pay: ~nd
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(iv) The cost of fire and extended coverage insurance, com-
prehensive liability insurance, fidelity insurance and the cost
of such other insurance as the Association may procure; and'
11 (v) ,The cost of funding an adequata reserve fund for repl.~.-
I{ ment ot the im~ro~ements included in the Co~nunity Facilities; and ,.
Y (vi) The cost of repairs, maintenance and replacements of the
Community Facilities.
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(c) Annual Tlssessment. It shall be the duty of the Board
'of Directors of. tile ^ssociation to determine the amount of thl1l annual
~ssegsment for each Dwelling Unit (inclUding Dwelling Units in a
building unJer single ownership) for each nssessment year, The
annual assessment shall be the same for each Dwelling Unit in an
assiissmeiii:-yenriprovided, however, as 'the PropertIes are expanded
to include more D~elling Units or as additional Community Facilities
are obtained within any given assessment year, an approprlnte and
unif.orm adjustment.; o~ tho rcmaininq insta,J.lm'ilOts of such assessment
shall be made in accordance with the aforesaid standard of treating
each Dwelling Unit alike for each full calendar month during which
it was part of The Properties, regardless of its size or location.
The annual assessment for nny Dw~lling Unit for any assessment year
(after the first annunl assessment as provided below) shall be como
due and payable and CI Lien against the D\~elling Uni.t or buildin(j
,) contn.i.ning multiplo Dwelling Units on tho first day of the first
month of Q,1ch cnlend(\r year. upon which it became part of 'I'ho
Propurties, 'l'h\~ JJoilJ;'.c1 of l)trec~Q,r!? of tho Assoc:iiltion slwll (Jivll
,j' wril:ton notice:: of the !lnnllClI assessment to each Owner ill'. 1(:1I5t
thirty days prior t6 tile first ~i1Y of each a~se~smcn~ your nnd nhall
give further written notice of changes in assQssmcri~s reBulting ,
!rom expansion of The Properties or Co~nunity Facilities as soon as
practicable after the facts of such expansion are known, Assess-
ments must bn made on the b~sis of equal monthly installments with-
in any assessment period except as affected by changcs resulting
from expansion of. 'rile Properties or the Community faci lities, said
installments shall be payable in advance on the first day of each
calendar month.
, '
(d) ~pe~ial Tlssessmonts. III addition to the annual assess-
ment author ZCl ~bo\'(:, t"fiti'-^ssor.:iation mllY from time to time levy
a special assessment for the purpose of defraying in whole or in
part the cast of any reconstruction or unexpected repair of an
improvement located upon the Community F'aciliti~s, including tho
n~9A~~~rV fix res and onal ro crt related thereto: crovidod.
howevor, that any specL~1 assessment sha only be leviod by a re- _
sol.ution al"provedfl.,v " ~~ierity vote! of each Class of ~Icmbsrs (bllsell
ul'on the entire ~t!!!talldjn membershi s of each Class at a mEleting
dUly called or such purposa at wh ch a quorum Is present( wrltLnn
notice of Which shntl h,lVe disc!osea l:ne purpose Ot th~ mootlnq nnd
shall have been snnt to all of the Members lit least thi,rt:y 1I.Jyn JlI
advance of such meeting, 'l'he due date for the payment or i1ny
special. aSsessme:nt !'lhal.1 be fixed in the resolution IJuth"ri;:lncl
such assc:ssm~lnt, TIny ,5p':cilll aSRtlSsment It'vied by the Anso(:i.;ltit.'1\
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pursuant to this paragraph shall be the sarne per Dwelling Unit
(including Dwelling Units in a building under single ownerahip).
I
(e) Commencement of Annual Assessment. The annuAl assess- ,
ment perioC! shall commence on the 1: irst day of the month fOllo'Nlng
the first conveyance by the Developer to the Owner of any Dwelling
Unit. The first annual assessment shall be made for the balance
of the assessment year and shall become due and payable and 4
lien on the Dwelling Units as of the date of conveyance of the
first Dwelling Unit as aforesaid.
(f) Reserve for Replacements, The Association must establish
and maintain /In adequate reservefund for replacements by the 11110'-
cation and payment (f~om each month's inctallments of tho annual
assessment) to such res~rve fund of an amount to be designated f
from time to time 'by the Board of Directors of the Associiltiori. I
Such fund shall be conclusively deemed to be a conunon fund of the
Association and shall be credited Upon the books af the Associa- . ,
tion to the "Paid-in-Surplus" account as a capital contribution
by the Members. Such fund shall be deposited in a special ~cCount
with a lending institution the accounts of which a~e insured by,
an agency of the United States of America or may, in the dincrQ-
tion of said Doard of Directors, be invested in obligations which
are fully guaranteed as to principal by the United States of
America. ~_rE)sefY~_~S!y'~e !l?<PE!.ndM. '?!1Jy,f.o,!;, .!::9L?lAc,C?ntonts, oJ.'.J:,!!.o
~9mmunity F.:tcilities, 'fhe proportionate intClrest of any Membra' '
in such reiferVe'sn;nl be considered an appurtenilnce of. his /)wull-
lng Unit (i.ncluding Dwelling Units included in a buildInrJ under
single ownership) and Shilll not be separa tely withd rnwn, allS ignccJ
or transferred or ,jtherwise separated from the property to Iyhieh
it appertains and ~hdll be deemed to be transferred with such
Dwelling Unit or Units.
(g) Assessment Certificates. The Board of Directors of the
Association shall prepare and maintain a roster of the Dwelling
Units (including Dwelling Units within a bUilding under single
ownership) and the annual and llpecial assessments and charges
currently applicable thereto and shall make such roster available
for inspection of Membars Upon request. The Association shall,
upon demand, at any reasonable time, furnish to any Owner liabla
for any assess~ent or to any first mortgagee of Do Dwelling Unit
or bUilding containing Dwelling Units a certificate in writing
signed by an officer or other Iluthorized agent of the Association,
stating whether Such assessment or charge in paid or unpaid. Such
certificatQ shall be conclusive evidence of the payment of lIny
assessment or charge therein stated to have been paid. A reason-
able charge may be levi~d in advance by the Association for oach
certificate so delivered.
(h) Non-Pa~ment of Assel.l~ll. Any assessment or itlstall-
Inent thereof levied pursuant to these covanants which is not paid
on the date when due shull be delinquent and shall, togQther with
interest thereon and costs of collection as hereinafter provided,
becom~ a continuing lien upon the /)welling Unit or bUilding
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J containing multiple Dwelling Unit. again.t which such ol..sement
il levied pursuant to this Article. All assessments 8hall bind
8uoh Dwelling Unit or building in the hands of an Owner, his
heirs, devisees, personal representatives, successors and assigns.
The obligation of such Owner to pay'such assessment, however,
shall also remaln such Owner's personal joint and several obliga-
tion for the statutory period.
(i) Remedies. If any assessment or j,n3tallment thereof
18 not paid within thirty days after the due date thereof estab-
,llshed by the Board of Directors of the Association, the delin-
quent amount shall bear interest from the due date thereof until
paid at a lawful rate established by resolution of the Board of
Directors of the Association at tho beginning of ,each assessment
year. The Association may bring an action at law against the
Owner personally obligated to pay the same or may foreclose the
lien against the Dwelling Unit or building containing multiple
Dwelling Units in the manner provided by law, In either event,
the Association sH'l~ recover from such OWnet or out of the pro-
ceeds of foroclosure accrued interest and costs of collection,
including but not limiteJ to, reasonablo attorneys' fees. No"
Owner may waive or otherwise escape liability for the assessments
providad on this Declaration by non-use of the Community Facili-
ties or by abilndonment or non-use of his Dwolling Unit or. Units.
(j) Subordi.nation of LIen. The lien of the lISS0fl13l11cnt: pro-
vidod for in this Doclar1\tiorlShall be subordinate to (1) tho
lien of any r~nl efltilte taxe!1 or general or speciill MHlnHIIOll'nl'.s
by the local taxing authoriti~s impos~d on the D~lol.ling Unil:sor.
buUding contil1.ning multiple D\~elling Units, (H) the lien or ilny
first mortgage now or hereafter placed upon any Dwelling Unit or
building containing multiple Dwolling Units 13ubjoct to assessmont,
and (iii) liens cr~1\ted pursuant to any Declilrilt:ion Creating and
Establishing a CondominiuOl pursuant to the Unit Property Act by
reason of unpaid assessment to the Council of such Condominium
having jurisdiction over any Dwolling Unit or Units, In addition,
ft first mortgilgoe of any Dwolling Unit or building containing
multiple Dwelling Units who comes into possession of a Dwelling
Unit or building containing multiple Dwelling Units pursuant to
the remetlies provi,le<.l in t.he mortgage, foreclosure of the: mortgaq8l,
or deed in lieu of foroclosure, shall take the Dwelling Unit or
building fro/! of any claims for unpaid charges or Assessments of
the Associ~tion at the time (but not after the time), such mort-
gagee comes into pOS1l6S11ion of the PwellillQ UnL~ QJ;' buLldLn\f (e"8.pll
for claims for a pro rata share of such charges or assessmonts
resulting from a pro rata roallocation of' !luch char,gell oJ; aS$OIlS-
ments to all Dwelling Uhitr. incluaing 1:nu llIort.yCl':luu pL''''''UU~',
)
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Section S. suspen.!.!.on of Mambership R.l.ghts. Tho momhur!lhip
rights (\lXCopt for the rights to the usn of t.he streots, rOHdwaYIl
and parking areas) of /lny person whose interent in Tho Proportios
is subject to assussments by the AIl~ociation, whether or not he
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be per.on.lly oblig.t.d to p.y .uoh ......m.nt., m.y ~. IU.pend.d
by aotion of the Bo.rd ot Dir.otor. during the p.riod wh.n the ' ,
......m.nt. or any inst.llm.nt thereot' remain Unpaid ,but, upon
", payment: ot .uoh ......m.nt., hi. riljlht. .nd privU.gos shall b. ,
automatically rest:O,r:ed. It th. Bo.rd ot Direotors shall have ftc!Oflt.d
and publi.hed rul.s and r.gulatlons gOverning the Use ~t' the"
Communit:y FaoiUties, 'and the personal conduct of any parson ther.-, ,.
on,violat.. any such rUle or regUlation, then the Board of Dir.c-
tor. may,' in their discretion, sUsp.nd any. voting rights and the'
right. to the Use of the Community FaCUities (excopt.for the"
~l~ht. to ~he Use of t:he streets, roadways and parking areas) 'for,
a period not to exceed thirty days. ,
Sect:ion 6. Deieqation of Rights. Any Member may delegate i/
his rIght -Of enjoyment, of the CommunTty Facilities'l:o (a) members I'
of his family, (b) hi.sguest'.s', and (c) ,his tenunts who 'reside
,within a Dwelling Unit and the1rfamilies and guests, SUbject,
however, ,to the provhiolls of these Dy-Lawll and the rulell and
rllgUla,t:ionll which may be adopted by the Board of Directors as
hereinafter provided.
)
ARTICLE I,!
MEETING OF MEMBERS
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Section 1. Pln6e of Meetinqll. Meotingu of the rnornbor:nhiV
shnll be hnJ.d .11: thA principal of rice Or placo Of'lJusil,lCHl1l of I:hu
AssoCiation or at Such othor SUltabl~ place convonicnttol:he
membenhip as may be designated by the Board of nir,ectors.
" Section 2. Annual Meel:i"-2.' 'l'he first annual meel:ing ,of t:he
Mamben shall be held at SUCh time IllS the Board of Directors
shall determine, but shall beheld, in any event, within one year
of the date 'of incorporation of the AssOciation. Thareafter,' the
'f annual meetiilgs of the Members of the Association shall be held '
if on the first Wudnll'~day oF. ~1;):.' each !/uc:ceucling l'ear. At SUch meet-
ing, there shall be elected by plurality ballot of the Members, u ,
..' Soard of Directors in aCCordanco wi th the requiremen ts of Section,
4 of Article V of thesQ :lY-Lm'/s. ,'!OII'.bers may also trans,act such'
other business of the Associfttion a~ may properly come,beforQl:ho~.
Section '3. Special ~lQetinq. It Bhllll be tho duty ofthl! .
President to call a special. mOQtinq of M,l'lmberR all diracted by';
rllsolution of thG DOllrd of Directorll or Up(m a patt tioll I.mln'J P""~
lIent.llId \:0 tho Secretar:y which is CI Lgned by t.he ClaSR ^ Members
then entitled to cast ,ohe-fourth U/Hh)of t'he votes of tho Cla.s ^
membership. The notice of any speciil meeting shall st.atotho,
time and pInce of SUch meel:ing and the purpose thereof. No bud-
ness shall bf1 transacted at a special meeting except as stll~Qd in \1
the notice. '.
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Slotlon 8. Proxll., A Member m.y appoint any nther Member
or the Devoloper or the Mllnaglment Agent as his proxy. Any proxy'
mUlt: be ln \o(ritinq and mUlt. be fUed wit.h the Secretary ,in fO,rm
.pproved by t.hl aoard ot Director. before the appointed time of .
.aoh mllUng. Unloss limited by lts terms, any proxy shall continue
untll revok0d by a writtln notice ~f rnvocation filed ~ith t.he '
Sloret.ary or by tho death of the Membar.
;
Slotion!l, Order of BuRiness. The order of business ,at
annual mGlatin'ill of Nu",b~rn shul,l-:-E'e al follows I
ta) Roll call and cortification of proxies.'
(b) Proof of notice of meeting or waiver. of notioe.
(c) Rending of minutos of preceding meotJnv.
(d) naportsof offi6ors, if any.
(e) Ruports of conuni tteefJ, if any.
(f) Unfinished business.
(g), New Custness. ,
(h) Appointment of inspectors of election.
(1) Election of directors.
In t.he Cllse of special ",Ae tings, items (a) through (e) .hall
be applicllble llnd thereafter t:hl! agenda shllllconsist of ,tho it.oms,
spec.l.ficu in the rlQUceof meeHI'9.
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ARTICLE V
DO!~D OF DIRECTORS
Section 1. Number and Qualification of Directors. Tho affaits
of t.he. JlsHociat.i.on shull lJo governed by the noard oTl5'irect.ors com- I
posed of at: lell31: five nat:ural pp.rsons. lifter the lapso of all .'
of the Class B memberllhips as provided in Jlrticlo 11.1 of these By-
Laws, all Directors shall be Members.
/
V Section 2. Powers and Dutio9. The Board of Directors shall
have all the powors IInd cruEies nocossllry for t:he opernt:ion, main-
t.enance and Ac1minilltr.ation ,of the Community Fncilities and the
affairs of the As~ociation and mllY do all such llctS and t:hings as
are not by law, the JlrticlnR of Incorporat:ion, the D~claration or
theso By-Laws direct~d t~ be exerciged and done by the Me",bor~. '
The powers ,and clutia~ of thu Board of Directors shall ,include, ".
but not bo limitad' tOI
(a) Determination lInd collect.ion of annual and special a.sos'.-,
ments from Membars, the maintenance of II 'roster of assessmont..'
andchlll"t.ll!!S /Ipplic;.'\blu to cio.ch Owner and hiD DwelUn<J Unit or Units
and the onforcem~nt of lienll thorofor in a mnnncr consist:ent: with
law and the provi dons of these lJy-Ll\wS and t.he Declaration I,
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, (b)
Dwelling
Maint:Flnance 'of", roster of first mortgaqoes of.each
Unit or buil~inq containIng multiple Dwo1ling Unit.ftl
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(0) Designation, hiring, dismissal and obtaining of a Manage-
ment Agent or of the personnel and services and materials necessary
for the good working order and operation of the Community Facili-
ties and the payment of all expenses and expenditures of the Asso-
ciation for which assessments are authorized by the Declaration
or these By-Laws;
(dl PromUlgation and enforcement of such rules and regulations
and admission charges and fees and such restrictions or requirements
as may be deemed proper respecting the use and maintenance of the
Co~nunity Facilities, all of which shall be consistent with law
and the provisions of these By-Laws and the Declaration;
(e) Preparation and distribution to each Member of an annual
report which shall include the annual financial statements herein-
after provided and which shall swrunarize the operations and actions
of the Association and its receipts, expenditures and reserves; and
(f) Performtlhde of all other duties, obl1aations and rights
of the ASRociation and the Daard of Directors a; set forth in thu
Articles of Incorporation, Declaration or these Uy-Laws,
Section J. _Manaqement~gcnt. The Board of Directors may employ
for the Association 11 pro!ossi anal management agtlnt (I:he "~l(lnag(1-
ment Agent" I at a rate of compensation established by the Uoarr.!
of Directors to pCrform such duties and services a~ tho Board of
Directors shall from time to time authorize,
.I
Section 4. Election and Term of Office. The term of the
Directors nilmed hur.ein and the Articles of lncorpc)ration shall
expire when their 'luccessors have been elected at the first annual
meeting of Members and are duly qualified. At the first annual
meeting of Member'l, the ter.m of office of the two Directors
I:eceiving the greCltest number of votes shall be fixed at three
(3) years. The torm of office of the two Directors r~ceiving the
second greatest number of votes shall be fixed at two (2) yeal:Sl,
and the term of office of the other Director shall be fixed at
one (1) year. At the expiration of the initial term of office of "
ench respectiVe Director, his SUccessor shall be elected to serve
a term of three ()) years. '!'he Director!) shall hold office until
their successors have been elected and qualified.
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Section 5. Vacancies Rc~ianation. V"cancies in tha Doard
of Directors cau~t?d bYMY J;'CU.Ron r.lt:. or thl\rl t.h. r.mnvll.l. 0' A
Director by Il vote ot! ~Iarnbgt,:~ sht1ll be filled by vote of the
majority of the remaining Directors, even though they may consti-
tute less than a quoru~; and each person so olocted shall be a
Director until a SUCConsor is elected by tho Members at the next
annual meeting to serve out the unexpired portion of the term.
Any Diroctor'may rosign at any time by giving written notice of
such resignation to the Bo~rd of Director.s.
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,~o~ ::,:~ g:".":~h:'f:': ~f"'" to V.~~;% by ~.J,:t:;.:::,
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"'S::~~:'~g %".::~::':::,:h.', b::"~:.:~r o~..o~.::~: ..,.
o thi.s Jlrt:i.C!e apPOi.nt hi.s su' Ca~ly termi.nated
8 . ccessor a and
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-l' se~~s of compensati.on
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be the act. of the Board of Director.. If at any meeting of the
Board of Directors there be le.s than a quorum present, the major-
ity of tho.e present may adjourn the meeting from time ,to time.
At any .ueh nleetil1g, any r.eswnpt:ion of business which might have
been transacted at the meeting as originally called may be trans-
aoted without further notice.
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beetion 13. Action Without Me.etin~. Any action taken
Board of Director~ required or permitte to be taken at any
ing ~ay be taken without a meeting if all of the members of
Board of Directors shall consent in \triting to such action.
written consent or consents shall be filed with the minutes
proceedings of the Doard of Directors.
by the
meet-
the
Such
of the
Section 14. Insurance. The Doard of Directors shall obtain
and maintain the insurance coverages required by the Declaration.
Section 15. Easements. The Board of Directors is authorized
and empowerod to grant $uch licenses, easOl11ents, rights-of-way
for utilities and other purposes as are authorized in the Declara-
tion.
)
ARTICLE VI
OFFICERS
Section, 1. nesiCJ~tio.n of Officers. The prIncipal officers
of the ASsoclatian shall be a P~c~ident, a Vice President, a Secre-
tary and a Treasurer, all of whom shall be elected by the Board
of Directors. After the lapse af all Class B memberships as pro-
vided in Article III of thola By-Laws, the officers of the Asso-
ciation shall be Members. The Directors may appoint an assistant
secretary and an assistant treasurer. The offices of Secretary and
Treasurer may be f.lllc(l by the l!lamG person,
Section 2. Election af Officers. The officers of the Asso-
ciation shaTlbe'~lecteda.tnu"ll.y by the Boar.d of Diroctors at the
annual meeting of each new aoard and shall hold office at the
pleasure of the noard of Dir0ctors.
Se<;:tion 3. nell'oval sf..2iEmQ. Upon an affirmatiVE! vote
of a maJority of Lhe m~mI:leL's of Lhe Board of Directors, any officer
may be removad either with or wit~o~t cause, and his successor elected
at any reg~lar rnaeting of the Board of Directors, or at Dny ep.aial
meeting of the Board of ,Directors called for such purpose.
Section 4. President. The President shall be the chief ex-
ecutive-officer ortii;:;-,i;-;odiltioll. He shall preside at all meetings
> of Members and of the D"ilrd of Di rectors. lie shall have all of the
general powers and duties which ilr~ usu~lly vested in the office of
president of a corpvratt~n.
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Section 5. Vice rre9iden~. The Vice President shall take
the place or tliaPtelliclant and pertorm his duties whenevet the ,
President shall be absent or unable to act. If neither the Presi-
dent nor the Vice Pra!lidont is ahla to act, the Roard 9ha11 appoint
some other member of th~ Ooard to do 90 on an interim basis. The
Vice presldnnt shall nIno porform such other duties as shall from
time to time be dosignated ~D him by tho Bonrd of Directors.
Section 6. Q!!~~~!:Y. The Secretary shall keep the minutes
of all moetingR of the Donrd of Directors and tho minutes of all
meetings of Membel'H, 110 llhal.l have custody of the seal of the
^ssociation and he !1hall havo chllrgo of the membership transfer
books and of such other bookA and papers as the'Doard of Directors
may direct. Il~ !1hall, in g~nernl, porfor.m ull the duties incident
to the of rico of nocretary.
,)
Soction 7. TrQa~urc~, The Tr~~Aurer shall huve r.esponsibi-
lity for~ii;jQcintron flliiJr, LInd llocudtil.l!; and shall be rOllpon!liblo
for the koupln9 of full anel ilCCLlr.nbl accounts of nil receipts 4lpU
dishursemnntn 1n books hulongtn(j to the I\!lSOciiltioll. 1113 shil11 bl.l
responsibll.! f.or the:' d~'[lo,;i t: (If. all monr~y!) ulle1 other valul\ble effects
1n t.he 11<<1\10, <<Ilc.l 1.0 ~,Iw cn"c],j t:, of t.he I\~JRoc:il\tion in :luch deposi-
tories 11:;; may it"orn timo to timo be dur; iynlltoll b~' the Board of
Directors.
l'\H'J.'ICJ,J;: VI r
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FISCll~_~TTEHS I SJ;:~
Section 1. Fiscal Yoar. The finaal yenr of the lInsociation
shall b(!gi.iiCi'n~ii';'-ffil;t 'iTeI'y cf .1I'1nui.lry cvc'r.Y ye:<tr, ('xeopt for tho
firllt fineal ye41r I'),f. tlHJ ^!,:";u{::i,ation '"hid, llhall bO,lill on the date
of incorporation.
-'
Section 2. nCJClks and lIc:ce)\lIlts. BOOKS IInd accounts of tht!
^l'\noc:inl:i~I", 1.1'j:,7::oj,T'lij'lcjl;,:'-ttm c.l.i.rcr:t.Lon of the TrCilsurcr in
nccnrdillwf.l with '.,J',"Hn;'n\ J.'I i'lCr:c['t,cunccountin<J principle:;. The same
shall include books with c.l~tailnd aaCoullt~, in chronological order,
of the recnipt~; nl1l.\ at ~,hfl "'~):pendit:\lrCll r:d: the J\usociution and its
auministration unll sh,)ll r;pElciJ:y the rn.,intF.nance and repair expenses
of. the ComrllJn,ity "''1cJ J.! t:1f"1 An': 'my other expnnnel'l .ttlC:~lrred. ^n aceount
of any reservas dntob11nhnd by the no~rd of DIrector., lnaludln9
additions thCJreto unci dil1<bllL':1enlcnl:~ thoL'p,of, shall al!lo be maintained.
That amount of any Qgn~A~munt required for payment of any capital
expenditurCls or re1lC'lrven n~.latod t,huroto l.,f the ^ssociation shall
be creditcd upon th" bt.1I1kn of (',hl') ^!15pcio.tioll to the "Puid-in-Sur-
plus" nccount nn ~ caplt~\ contrlbLltlDII by M~"~~rs.
Secti_~~_~,n~E.?~S.~l:2!) or nook!::. 'rh0 books and accounts of
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WESTWOOD VILl,AGE COMMUNITY
ASSOCIATION, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
EVANGELOS DASKALAKIS AND
TINA GIANNARIS
DefendantS'
98-
COMPI.AINT
AND NOW, comes the above named Plaintiff, WESTWOOD VILLAGE
COMMUNITY ASSOCIATION, INC" by its Attorneys Said:Ls, Shuff &
Masland, and states the following cause of action:
1, The Plaintiff, Westwood Vi.llage Community Association,
Inc" ("plaintiff") is f.\ non-profit corporation organized under the
laws of the Commonwealth of Pennsylvania, with its principal place
of business at 650 Westwood Drive, Enolu, Pennsylvania 17025,
2, The Defendants, Evangelos Daskalakis and Tina Giannaris,
("Defendants"), are adult individuals who reside at 1.15 Charlotte
Way, #202, Enola, East Pennsboro Township, Cumberland County,
Pennsylvania,
3, The Defendants are the owners of a condominium situate at
and known as 115 Charlotte Way, #202, East pennsboro Township,
Cumberland County, Pennsylvani.a (the "Property") which is part of
the Westwood Village Condominium and under and subject to the
Declaration of Covenants and Restrictions of Westwood Village
Community Association, Inc" dated January 29, 1975, and the
amendments thereto recorded in the Cumberland County Recorder of
Deeds Office at Miscellaneous Book 213, Page 364, (the "Covenants
and Restricti,ons") which Covenants and Restrictions as amended are
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incorporated herein by reference, A copy of the relevant portion
of the Covenants and Restrictions is attached hereto as Exhibit "A"
and Incorporated herein by reference,
4, The Defendants, as t.he owners of the Property, are
members of the Westwood Village Community Association, Inc" (the
"Association") and are governed by the By-Laws of the Association
(the "By-Laws"), a copy of the relevant portions of which is
attached hereto as Exhibit "B" and incorporated herein by
reference,
5, Article V of the Covenants and Rest.rictions and Article
III, Section 4, of the By-Laws, provide that the owner shall pay
annual and special assessments to the Association, which
assessments are to be paid in advance on a monthly basis,
6, Each annual assessment and special assessment, payable to
the Plaintiff, is determined as set forth in Article V, Section 3
oi the Covenants and Restrictions and as set forth in Article III,
Section 4 of the By-Laws through the Association's Boa:r'd of
Directors with written notice of the assessment to be sent to every
owner subject thereto pursuant to Article V, Section 3 of the
Covenants and Restrictions,
7, The Defendants were notified that the following monthly
installments of the annual assessments were due and payable to
Plaintiff in advance, as follows:
A, Assessment for the months of January through December,
1997, inclusive, on the first day of each month, respectively, in
the amount of Fourteen and 00/100 Dollars ($14,00) each.
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B. Assessments due for the months of January, February and
March 1998 due on January 1, 1998, February 1, 1998 and March 1,
1998, respectively, in the amount of Fourteen and 00/100 Dollars
($14,00) each,
8, Defendants purchased the Property under and subject ,to
the Covenants and Restrictions and the By~IJaws and became
personally liable therefor,
9, Despite demands by the Plaintiff, the Defendants have
failed and refused to make payment to the Plaintiff of the
installments for twelve (12) months of 1997 and for three (3)
months of 1998,
10,~rticle VI, Section 2, of the Covenants and Restrictions
provides that the Association has the right to collect all
delinquent assessments together with i.nterest thereon established
by the Board of Directors at 6%' per annum from the date the
assessments are due and the cost of collection including, without
limitation, reasonable attorneys fees,
11, The Defendants have damaged the Association by their
failure to make payment of the assessments in accordance with the
Covenants and Restrictions and the By-Laws,
12, As of the date hereof, Plaintiff has incurred reasonable
legal fees in connection with the preparation and filing of this
Complaint in the amount of Seven Hundred Thirty-Seven and 50/100
Dollars (737,50),
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~IIIEREAS, the Developer has incorporated under tile laws 'of
the Commonwlalth of pennsytvania, as a non-profit member.hip ,
corporation, 'WESTWOOD VILLAGE COMMUNITY' ASSOCiATION, INC. .." th., , ' .,
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DECLARATION OF COVENANTS AND RESTRICTIONS
WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.
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TillS DECLARATIO~, made this ;JJ{/.. day of
1975, by M.L.H. CONSTRUCTION CORPORAT ON, II Mar
(hereinafter reterred' to .B the "DeveloRer.").
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WIT N E S 51! T HI
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WHEREAS, the,DevelopGr is the fee .imple 'owner'of certain ,
real property located in East Pennsboro Township, Cumberland County,
Pennsylvania and more particularly described in Exhibit A attached
' hereto and made a part hereof, which real property and any other
rcal property which may be deeded by the DevIloper to 'WESTWOOD
VILLACE COMMUNITY ASSOCIATION, I/lC. together with the recreational
, and other community facilities, improvements end open spacos being
developed thereon is hereinatter referred to as the .Cummunity
Facilitie.., and ' , ,
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~IHEREAS, said Community Fac!litios are being devQloped for
the use and benetit ot II residential conununity: consisting ot ap-
proximately 926 dwelling units to be conntructed in' fi~m, or ,more
phaau on five adjacent tr.i\cts ot real propel;ty, al\d::-:;. "', " ',..:'.:
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WIlX::REAS, the Developer desircs to p'rovide ,for the 'pr~servation,
of values and amenities in said conununity and tor the'maintonance
and operation of the Community Faoilities, and, to such end,' dosir~. "
" to'subjoct the real property constituting each of thephaoes of,
residential deVelopment, as the construction of each such phaBe (
is completed, to the covenants, restrictions, easements, chargos',
IIssessmonts and liens hereinafter let torth, each and all of which
are for thl benefit ot ,the communi'tyand each (jwner ,therein, and '
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WHEREAS, in Girder to so preserve the' values and, 'amenities in
the community, the Developer has deemed it dosirable to create
an cntity to which the Community Facilities should be deeded and
to which should be delogated and assignt'd t,he powers and dutios
of maintaining, operllting and administering the Conununity Facili- ,
tie. and administoring and enforcing the covenants and restrictions
and collecting and di.bu~sing the.asBeB.ments and charge. herein-
atter cr.ated, and " ":" ':
: ,aOOK, 213 tACE :W.l
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WHEnEAS, Phase I is being co~temporaneously submitted to the
provhions at the Unit Property AC,t of Pennsylvania pursuant to e
recordod Declaration Creating ~nd Establishing Westwood Villago
Condominium, wl\ich document alao providllS thllt'sdd condominium
projoct can be expanded to ,224 dwalling units by including th'i1
' 8uccaoding three phaus of, construction which toget,her with P~48e
I will encompAu tour of the tive tracts of real pro.perty constitut- .
in.., tho ruid!lntid community t.o bf .1Irved by -':,IIe ~OI/1l1\IffiLty FaciU-:- ,
tlos, and , ,
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WlIEREAS, the fifth trllct to be included i~ the 'residential '
community is currently zoned tor the construction ot.approximately
703 dwellinqunits which will not be included in the atoresaid'
Westwood Village Condominium project. , .
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NOW, TlIEREFORE, the Developer declares that the relll propU'ty
constJtijting Phase I, and Such additions thereto as may heroafter '
be mado pursuant to Article II horeof, is and shall be held,'
transforred, sold, conveyed and Occupied subject to ,the covenants"
restrictions, easements I assessments ,charges and liens, (sometinUUi ,
.. referred' to, as tho "Covenan~s, ,and Restri,ct,io~~,~1 he;Il,7nat,te,r ...\to.r,~, ,
, ".' , '.. .' '.' ' , \ ,,'., . .' .', ' ,,', ~ " ',' .
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' ' "DE,FINITIONS :,:: ,.,', .. " ,"
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Section 1. Detinitions. The tollowing words when' used in
this Declaration or any Supplemental, Declaration' ('unless the' con-
text shall prohibit) 'shall have the f~llowin!j meanings, ' ' "
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' (a) "Association" shall mean and refer to Wji:STI'iOOD V:tLIilIGE' ,
COMMUNITY ASSOCIATION, :tNe., " .:' ;..:,', ,,:;; ", ",j ", '
,(b) "The Properties" shall mean and, reter' to all slicn existing,
real property, and any additions thereto, 'as are subject to this,
'Declar~tion or! any Supplemental Declaration under the provhionl of '
..ArUcle'IIhereot. ''':' , "",:-" ':', , '
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'(c) "Dwelling Uni t" shall mean. ancl refer to any portion 'tJ~ a '
buildin9 situated upon The Properties designated ~nd intended for
use and Occupancy as a residence by a single family, and may includ~
units .0 designated under the Unit Property Act at. Pennsylvania,
lin!jlo t~ily hO~s or multHamily buJ.ldings. .. ,
(d) "Owner" shall mean and refer to' the record' owner, whether,'
one or more persons or enl:l.tios, of the he simple title to ,any \, ;, ,
indl.vidual Dwelling Unil: 01' any building containinll more than one \;:. :'
Dwelling, Unit under single awn,rshl.p 8itl!ated up-on. ~~e _PJ:~Pe,rt1e~",,,,', .. ' ,
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but, notwithstanding aQY applicable theory of the mortgag~, ahall
no~ mean or reter to any person or entity which hOlda luch intarelt
merely 48 "ourihy, for the PUformance Of an obligation, including
a mortgagee, unless and until such porion or entJ,ty hu acquired "
tae dmple title pureuant to ,~o~ec,lo,I,~u, or any ,prO,c18d,ing ~n ~ieu .
of toreclolure. , ',,' ";...,",,',
(e) "Member" shall mean an'd refer 1.0 aU tholle OWnere whoarl
)l.mber. ot the 'Auociation .. Pljovided .tn Art.l.cle XU hereot. : ',I"" ,"
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ARTICLE II
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PRorEBTY SUBJECT TOTIfIS DECLARATION I ADDITIONS 1'IIERE'!2
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Sectien'l. Existinq proE~rt~. The real property which is,
And afiall bOt held, transtorra , Sold, conVeyed end OCcupied .ub-'
'ject to this Declaration is locat.ed in Eest Pl!nnsboro TownShip, ,
Cumberland County, Pennsylvan.le, is' herein referred to I<S .Ph..e ;: , ,
X. and .t. more particularly deacr~bed in Exhibit 8 hereto.
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Section 2. Addition to Existin
Facilit.ios. Additlona rea property may
DeClaratiOn in the following manner,
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(a) At any time w.tt:hin a period of seven years trom tho dat. '
t.hat this Declaration is recorded, the..Developer, Its successon ' , ",
,and assigns, shall have the right, wi thout obtaining t,ha 'consent. " '
of the ~tembers,. to bring withIn the scheme of this Doclaration' "
additional real property in future phases of the construction ot
,the residential community referred to above; prOVided, howaver,
that sucll real property shall be from Among tho four tracts of ' " '
real property which are more particularly describod in EXhibits
C-l through C-4 which are at,tached hereto and made II parI: hereOf, "
and, provided further, that ~ny SUch additional real property to-"
gather with Phase I shall,not include or have constructed thereon'
in excess of 926 Dwelling Units. Such additional real proparty "
may, but. need not ba~ part of th~ We.twood VillAge Con40minium
project reterx:ed to above. ' " '.., ".'. ',',.', ,...',
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'(b) A't any' time wi thin A pe:iod of 8C!ven years from the date
that. this Declaration is recorded, the Developar, its sUCCQSllOra '
and assigns, shall have tha right after obtaining the consent of "
~he Do~rd of Directors of the Asso:iation, but without obtaining ,~ "
the Con5Cr.t of the Hembors, to bring within the scheme 'ot' this ' '.."
Declaration additional real property to be Used as Community Faci,-
litiul p,roVidod, however, that the additional real property ~s
from the real property described in Exhibit C~4 and is deeded to '
the ASSociation (at no colt to the Association) with al! improve_ '
ment. cQmpletad thereon and is free and clear Of all indebtedn..,. ' ,
(c) The additions authorized under this Article II shall be "
made br tiling Of record in ~he land records Of CUmberland County,
Pannsy vania, one or more Supplemental Declarations of Covanants
'and Restrictions with respect to the additional raal property which,
ahall axtend the scheme of the Covenants end Restrictions ot this
Declaration to such addi tional real property. " ", ,', / ': ,,' ":, ",
(dl Any such Supplemental DeClaration may Contain .lIch 'N' ", ,,;,"',:.:;.."
complementary additions and modifications of the Covenants and',,' I" .. I
ROItrictions contained in this Declaration as may be nece..ar, : ' ,
to roflect the different character, it any, of the added re.l ,
property and as e1;8 not incondstent with the sch"me o,f this, ,",., ,'-:"",': ':,"
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Doolaration. In no event, however, shall .uch SUpplemen~al
Deolaration revo~o, modify or add to the covenants e.tsbliahed
by this Dsclaration within Phase X or within any other real
pr~porty theretofore added pursuant to a previous Supplemental
Deolaration eHoept by virtue or the Uaveloper's dBoding additional
real property to the, AsaooiAtJ.on for UIO U COlnmunity Facilith..
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ARTICLE Il:!
MIi:MBli:nSIIIP 1\1'10 VOTING nIGII'rS IN THE ASSOCIATION
Section 1. Total Membership. The authorized number of
memboruhips Clf the Asscciation shall be 1',852, of which no more'
thAn ,926 shall be issued and outstanding at anyone time. The
membershi~s shall be of two olasses A a~d' B;
Section 2. Class A Memhership. Every Ownor subjoct by covenant
of rocord to assessment: by the Association shall be a Class Amem~
ber of the Association. Each Class 1\ ~lcmber shall be entitled to
one vote for each Dwelling Uni t Which such ~Iember individually
own. of record or I~hic:h is contained in a building whic!! ~uch
MOlllbec :lIma of record; providod, howover, that there I~ill be no
more than 926 Class A memberships, all hav,ing one vote each.
..
Election 3. Class D Membership~. TherA shall be 926 'Class B
mambBrshi,ps, all c.f I~hich shall be ssued to tho Developer ,. or to
its n~minec or nominees. Each Class D Momber Shall be entitled
to three votes for' each Class B membership so held. As each. Clllss
A mombership comes into existenoe and is issued, one Class D mem-
bership shall lQ~se and become a nullity. All Class n memberships
shall lapse and become a,nullity on the first to happen of tho', ,:
'fOllOWing evollts.' , ' ,
lal I~he'n the total issued 4nd outstanding Class A membership's
o(]ual 9261 or
(bl On October 31, 19811 or
lcl Upon the written surrender of said Class B memberships
by the then holders thereof for cancellation.
"
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ARTICLE IV
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PROPERTY nIGIITS IN THE COr:!lli!tlITY FACILITIF.~
Section of En 0 ment. Subject to the
provisions 0 Sect on 0 t S Art c e, ',every Hember shall have
a nonexclusive right and casement of enjoyment and use in and to
the Community Facilities and SUCh easement shall be appurtenant to:
" and shall paSll with the title to each DI~ellin9 Unit which such
~Iember individually owns of record or which is contained in a '
b~lldJ.nq which such ~I.mber owns of record.
BOO~ 213 l,icE :l~i 7
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SO/Jtion 2. Delegation of Right ot En..:lE*Ient. :Any Member ,mal"
dOhgata his right ot enjoyment ol the Commun ty Fac11i ties to lal
mOmbers of his family, (b) his guests, and Ie) his tenants who
resida "'ithin a Il'''GllJ.ng Unit and their tamJ.l.ies and guests, all,
subject, howeller, to the Pr.ovisions of this DeClaration and the
A~ticle. of Incorporation and By-Laws of the Association.
Section 3. Extant of Members' Easements, The right and ease-
ment of enjoyment and Use cnated hereby shall be SUbject. to the
following I
, ,
: la' Such euemsnts, agreltments and interest!! as may be appli,.
cable to the Community FacilJ.ties set forth in Exhibit A at l:.hc t..1me
of execution, of this Declaration or as may be applicable to addit.ional
Community Facilities u of the date they are deeded to the AlSociationl '
and ,
, (b) The right of the ASsociation to make and unforce rules ,
and regulations pertaining to tho use end enjoyment of the Community
Facilities provided sur.:h rules and rogUlations are 'censistent with
the purposes of this Decla/:'ation/ and , !
' (c) The right of the ASSociation to levy reasonable admission
chargOl and other fees for the use by Members and their guash of '
any ,recreational facility situated within' the Cemmunity Faoilitieo/
And
ld) The right of the ASSociation to limit ths number oJ!, glies~s .,
of Members or their tenants/ And
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Ie) The right of the ASSOciation to suspond the voting rights
and the rights to the Use of the Community Facilities (except for
tights to the usa of streets, roadways and parJ:ing areas, which
shall not be subject to suspension for any reasonl for any periOd
during which any assessment remains unpaid and, for any periOd not.
to OXcaed thict:( days, for any infr.action of an}' of the, published '
rulos and regulations of the Association/ and
(fl The right of the ASSociation to grant rights-of-way and/or
easements for any public utility purpose to any governmental agency,
public utility or to the Developer for the purpose of the installa_
tion and/or maint~nance of such utilities ~s ,may b~ necessary to
serVe any of the Community Facilities or to serVe any portion of
The Proportiu/ prOVided, however, that no such easement and/Clr
rightS-Of-way shall be permanently inconsistent with the enjoyment
of the Community FaCUities by the Hembers of the Association.
Any rights of the ASsociation reserved hereby may be exercised
by the Board of Directors ot the ASSOciation oxcapt to the extent .
to which auch rlghts are directed to be exercised by the Members.
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Titlll,tel Communit Facilities. The Developer may
ommun ty 'acl J.ths set torth in Ex-.
as it has completed the recreational taci-
BOOK 213 'ACe :WS . ,
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liti.s thereon and untii .uch time s. the ~..o~iation hae 87 Cia..
A membership. which are helL! by Hembers other than the Developer,
but, notl/ithstandinq any provision herein, the Oevelopclr he rill by ,
covonants, tor itself, its successors and assigns, that it shall
convoy the COlMlunity Faoilities set forth' in Exhibit A to tho
Assooiotion not lat,r than October 31, 1981. Until the tran~fer
of tltle to luch Community Facilitiu to the Associntion, the .
Devoloper shall perform all of the obl.l<)ations, covenants, and
aqroemontB (including those belonginq to the Association followin9
conveyance of title), and shall abide by the rostrictions cont&ined
heroin with respect to such Community Facilities, exoopt' for such '.
conltruotion and markating aotivitios as are oonsistent with 'dev.-
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{\n'l'ICLE V
COVENANTS FOR ASRESSMENTS
Soction 1. Covenant' for Assossments and Croation of Lien And
, Personal Obligntion. Tho Doveloper for each Dwelling Unit owned by
it or to bo created by it within The Properties her~by cOVonants
and each Owner of any individual Dllollinq Unit or an:.' building con-
taininq more than one Dwelling Unit by acceptance of a deed therefor
whether or not it shall be so 'expr.essed in any such deed or other '
convoyance, is deemed to covenant and Agree to pny to the Assooiationl,
(a) Annual assessments or char~es AS provided herein, and (b) special'
assessments to be fixed, established and collectllld from time to,time,
as horoinaftor proviued. The annual assessments And special assess-
monts, together with interest thereon and costs of oollection sholl
be a chargo on tho Dllelling Unit or tha buildinq containing multiple
,\);/elling Units wh'ich an Owner Ollns of record and shall be 0 continuing
lion upon the Dwelling Units Ilhich 'An Owner owns of record and Against
which s~ch assessment is mode from the time such assessment is mode
until'paid in full; provided, however, that, where any portion of
Tho Properties hall been submitted to the Unit Property Act, no part
of the COllUnOl'\ Eloments of such portion of The p'roperties shall be
subjoct to assessment by the Association. Eaoh, assessment, together
'with into rest thereon and costs of collection, shall also be the
joint and several personal obligation of the person, group of por-
sons or entity who was the Owner of the assessed property at the time'
when the assessment became duo. Assessments by the Association, prior
to such time as the Doveloper has transfe~red title to the Community ,
[',lcilities set forth in Exhibit A to the As~ociation, sho.ll be paid
to the Developer to the extent requireu to fulfill the purposes set
~orth in Section 2 below, but shall not exceeu the annual sum of
$lOO.OO for ooch ,Dwelling Unit, and none of the fundI: derived from .. ,
such assessments may be devoted to expendituras for capital improve-
ments which are the sole responsibility of the Developer. .'
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, Soction 2. PurE'ose of' Auessment. The L1sseuments'levied by
the Association shall be used lor the purpose of promoting the
recreation, scenic enjoyment, health, welfare and eafoty of the
Members LInd in particular for the maintenLlnce of the Community
Facilities, including, but not limHed to, the payment Ofl
(a) All operating expenses of the Community FacUitiu, ,
,including services furnished, and '
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(b) The cost of necessLlry management and' adminis l:raHon,'
including fees paid to sny ~lanagement Agent, and
(e) Taxes and assessments levied against the AssociLltion or
upon any property which il: may ow~ or which the Association is
otherwise required to pay, LInd
(d) The cost of fire and extended coverage insurance, com-
prehendve liability insurance, fidelity insurance !lnd the cost
of such other insurLInce as ths ,Asllociation may procure, snd '
(e) The cost of funding an /Idequate reserve fund for replaco- ,
mer,t of the improvements included in tohe Community, Facilities, and '..,
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(f) The cost of repairs, maintenance and .replLlcomonts Of the':,.
Corrmunity Facilities. .. " .' ' ;.. , :'.,' ,
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Section 3. Annual Asses$ment. It shall be the duty of the
Board of Directors of the ASsociation to determine the amounl: of
tho L1nnual assessment for'each Dwelling Unit (including Dwelling
Units in a bUilding under single olmership) tor each assessment
year. The annual assessment shall be the samo for cach Dwclling
Unit in an assessment year; provided, however, LIS The Proportieu
are expLlnded to include more Dwelling Units or as additionLll Commu-
nity Facilities are obtained within any givcn L1ssessmcnt yonr, un,
appropriLll:e LInd uniform adjustment of the remaininq installme~ts
of such assessment shall be made in accordance with tho afores~id
standard of treating each O'~elling Unit alike for eLlch full c,'l'ondLlr
month durinq which it was part of The Properties rcgLlrdloss of its
size or location. The annual assessmont for a'ny Dwelling Unit for
any 8SsesSmant yoar (a fter tho firs t annual aSSOIJsment as provided
Ln Section 5 of this Article) shall he come due and payable and a
lien against the Dwelling Unit or building containing multiplo
D~~11in9 Units on the first day of the first month of each cLllendar
year upon which it became part of The Propertio!ls. Tho Board of '
DirQetors of the ASsociation shall give written notice of the
annual assessment to each oWner at least thirty days prior to the
fir$l: day of each L1ssessment year and shall give further written
notice of changes in assessments resulting from expansion of The
Properties or Community Facilities as soon as practicable after
th. facts of Such expansion are known. Assessmants must be made'
on the basis of equal monthly installments within any assessment
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period except as a Hectl1ld by changes resulting from expansion of,
~he rropl1lrti~s or the Community Facilitiesl said instAllments Ihall
bo paya~lo in advance ~n the first day of each calendar'month.,
Section 4. S ecial In addition to the annual
assusment aut or ze y th s Art c 0, the Association may from
Hmo ,to time hvy II special asses9ment for the purpose of do fray-
ill<1 in whole or in part tho cost of Ilnv reconstruction or unexoected
'ropair of an improvement located upon the Community Facilitien,
including the necessary fixtures and personal property relatl1ld
theretol provided, however, that any special assessment shall
only be lavied by A resolution approvod by a majorJ,ty vote of
oach Class 'of Hembers (based upon the entire outstAndin9 member-
Ihip~ of eAch Class) at a meeting duly called for SUch purpose
at which a quorum is present, written not:ice of I~hich shall' have'
' dJ.sclolcd tho purpose' of~he meeting ane! llhall have been sent to
all of tho Hembl1lrs at: least thirty days in advance of such meetin~.
The due date for the payment of any special assessment shall be
fixed in the resolution authorizing such assessmont. Any'special
ASlalsment levied by the Association pursuant to thi~ Sectioll,4
shall be the same per D\~l1Illillg Uni t (including Owel,l. '9 Units "in
II building under single ownership) . , ,
Seotion 5, Commencement o. Annual Assessment. The IInnulll
lIssessmont period shaLt conunllncll on the first day of the ,month
,follo\~ing the fi rs t conveyance by the DevOloper to the O\~ner of
Any O\~el1ing Unit in Phase I. The first annual assessment shall,
bl1l mAdo for the balance of the assessmont year and shall become
due and payable and a lien all the Dwelling Units A!l of the date
of oOllvey,ulce of the first O\~elling Unit AS aforesaid.
Section 6, Reserve for neplacements. The Association must
establish and maintain an adequate reserve fund for replacements
by tho allocation and payment (from each month's instAllments of
the annual assessment) to such reserve fund of an amount to be
designAted from time to time by the Board of Directors ~f, the
^ssoci~tion. Such fund shall be conclusively deemed to be a
common fund of the Association and shall be credited upcn the "
books of the Association to the "Paid~in-Surplus" account as a, '
capitlll contribution by the Hembers. Such fund shall be depoll~ted
.,in a special nccount with a lending institution the sccounts ot ,
which are i"sure<l by an agancy of the Uni ted States of America or
mAy, in the discretion of said Board of Directors, be invested in
obUgations which are fully guar(lnteed as to principal by the
United States of America. The renerve may be expanded only tor
replacements of the Community Facilities. The'proportionate in~
ter.est of any Henlber in such reserve shall be considered an' ap-
purtonance of his Dwelling Unit (including Dwelling Units in-
cludod in a building under singleowne~ship) and shall not ,be
' 8eparatcly withdrawn, assigned or transferred or otherwi~e sep-
arated from the property to which it appertains and shall b. ;'
d~umed to be transferred with'such, Dwelling'Unit or,Unitl.
aQOK 213 ~'\CE a'll
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Section 3, Subordination of ~ien. The lien of tho assessments
provided for in this Declaration sharr be subordinate to tal tho lion
of any real 'estate taxes' or general or special assessments by the '
lqcal taxing authorities' imposed on the Dwelling Units 01:' building
contai.ning mUltiple Dwelling Units, (bl the lien of any tirst'
mortgllge now or heruftol:' placed upon any Dwelling Unit or building
containing mULtiple Dwelling Units sl~ject to assessment, and (cl
liens created pursuant to any Declaration CrGlating and Establishlllg
a Condominium pursuant to the Unit Property Act by reason of unpaid
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Section 7. 'Assessment Certificates. The Board of Direc~ors
of' the Al8ociat1on shall prepare and maintdn a rostor of the '
I)o~.lling Units (including Dwelling Units within a building undel!'
single ownership) and the annual and 1pocial assessments and ,
charges currently applicable thereto and shall moke such ~ostor
available for inspection of Members upon request. Tho Association
,shall, upon demand, at any reasonable tlme, ,furnish to any Owner
liable for any assessment or to any tirah mortgagee of e D~elling
Unit or building containing Dwelling Units a certifiCate in writing
dgned by an oHicer or other authorized agent of t,ho Association,
stating whether such assessment or charge is paid or unpaid. Such
cortificate shall be conclusive evid~nce of ,the paymont of any
assessment or charge therein stated to have been paid. A reasonable
'charge may be levied in advance by the Association for each cer-
tificate 80 delivered.
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ARTICLE VI
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NON-PAYHENT OF ASSESSMENTS I RE/IEDIES; SUDORDWA'rION OF LIEN
Section 1, Non-Pa~ont of~ssessma~. Any assessment or
installment thereof levied pursuant to these covenants which is
not paid on the date when due shall be dolinquent and shall, to-
gether with interost thereon and costs of collection as hereinafter
provided, become a continuing lien upon the Dwolling Units against
which such assessment is levied pursuant to Seotton '1 of Article V
hereof. All assessments shall bind such D\~ellin9 Unit or building
in tho hands of an Owner, his heil:s, devisoes, personal reprosen-
tatives, successors and assigns. The Obligation of such Owner 'to.
pay such assessment, however, shall also remain such Owner's per-
sonal joint and several obligation for the statutory period.
Section 2, Remedies. If any assessment or i"~tallment thareot
is not paid within thirty days after the due date theroof established,
by the Doard of Directors of the Association, the delinquent amount
sholl boar interest from the due date theroof until paid at a l~wful
rate established by resolution of the Board of Directors of tho AS-
sociation at the beginning of each ~ssess~ent year, The Association
may hring an action at la\~ lIgainst the Owner personally obligated to
pay the same or may foreclose the lien against the Dwelling Unit
or building containing ,multiple Dwelling Units in the manner pl:'O-
vidod by law. In either event, the Association shall re~over trom.'
such Gwner or out of the proceeds of foreclosure accrued intere~t
and costs ef collectioll, including but not limited to, reasonable
attorneys' fees. No Owner may waive or otherwise escape liability
tor the assessments provided in this Declaration by non-use of the
COlM\unity Facilities or by, abandonment or non-use of his Dwellin9
Unit or UnH3. ' "
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.......m.nt to the Co,uncil ot such Condomlnium having jurhdiatJ.on
ov.r .ny DweUinq Unit or Units. In al!dition, a tint mortgageD,
of "Iony, , Dwelling Uni t or bL\ilding containing mul tiple Dwell~!l9',
Unit. ~ho comes into possession of a Dwelling Unit or bui~dln9 '
, " containing multiple D\~elling Units purSuAnt to the remedie,s pro-
vided in the mortgilgo, foroclosure of the mortgllge, or deed .~n ,
lieu of' forecLosure, shall take tho Dwell.lng Unit or buildJ:rig ,
'tre. of Any clAims for unpaid chArges or assessments of the
J\lUooiAtion at thll time, but not after'the tJ:me, such mortgagee
comas into possession of the Dwelling Unit or building (except
for claims for a pro ratA share of such charges or assessments
rqaulting from a pro ratAre~llocation of such chilrglls or assess.
m~n,t,s to ,all Dwelling Units including the mortgage,d premises). '
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JlnTICLE VII
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M.'l.NAGEHENT AGENT
:Section 1, Manaqement ~qent. The Association may employ ,a,
" ,professional milnagement agent (the "Hanagement Agent") or other '" "..
,:.',., prOfessionals, at a rate of compensation to be established by the '
'..,' Doard of DIrectors of the A!lsocilltion, to perform such duties and
'services as the Board of Directors shall authorize.'
. "
!!.RTICLE VIII
INSURANCE, CONDEMNATION
Section I, in~urance for Benefit Of Association. Unless at
lell9t three-fourths ( 3/4 ths) of the mortgagees holding first mort-
gagos on rllAl property encompassing three-fourths (3/4ths) of
the Dwolling Units give their prior \~rittlln approval to A ditterent
typo or amount of insurance coverage, the Association shall obtain
and maintain tho following insurance covoragel,
(a) Insurance coverage on, all insurable Community Facilitios
affording protection against 10sB or damage by fire and other
hazards covered by the standard extendod cov~rage enforsement.
Such covor"CJe shall be in /In amount equal to the full replAcement
vnlulll of such insurable Community Facilities 'as del:ermined annually
by the Doartl of Diroctor~ Nith the assistance of the insllrance
company furnishing such coverage. Insurance proceeds fot clIsualty
lossos to the Community Facilities, by the terms of ~he in~uranco
policy or POlicies, shall be pail! to the Assoc1ut,ion and shall be
applied by its Doard of Directors to the repair, ropLacement or,
' roconstruction of such Community FacilitieB.
.,
(b) Fidelity insur.Ance COverAge Against dishonest act. on the
part of directors, officers, employees or agent, of the As.ociation
or ~IAn"'J"lRent Agent or volunteers 'or trustees who 'are respon8ible
80J~ 213 r,lcr :;'73
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BY-LAWS
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STWOOD VILLAGE COMMUNITY ASSOCIATION INC.
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ARTICLE I
NAME AND LoeA T..!Slli.
Section 1. Name and Location. The name of this corporation
is ~IESTWOOD VILf.II(;~ COMMUNL'l"( IISS0CIATION, We. (hereinaft:er,
referred to as the ~lIsS0ciQtion"). Its initial prinCipal oefice
is loca ted at 5082 Lnac Lane-;"lIarJ:'is burg, Pennsy 1 vani a OJ:' a t such
other place as the Board of DiJ:'ectoJ:'s may from time to time d:H1iq-
nate. ''''SO, WQ:;.'tw.,."d Oq~""
ARTICLE II
DEFINITIONS
Section 1. Definitions. Tho following wOJ:'ds when Usod in
these By-Laws shall have the following meanings:
(a) "Developer" shall mA~n and refer to M.L.N, Construotion
Ctirporation, n Maryland corporation.
(b) "DeclarCltion" shall mean and refeJ:' to that certain
Declaration of Covenants and Restrictions, Westwood Village Com-
munity lIssociation, Ine" Phase ~, dated January 29 , 1975, by
M.L.W. COlIl'ltruction C01'poJ:'ation, and recorded in the land recoros
of Cumberland County, Pennsylvania, together with any amendments
thereto OJ:' any Supplemental Declarations adopted pursuant thereto.
(c) "Community Facilities" shall mean and refer to the real
property described in Exhibit II to the Declaration and any other
real property which may be deeded by the Developer to the ASSOCiation
together with the improvements erected and to be erected thereon and
any related fixtur~s or personal propeJ:'t:y.
Cd) "The Properties" shall mean and refer to all real pro-
perty which becomes subj~ct to the Declaration other than the
Community Facilities.
(e) "Dwelling Unit" ahall mean and refer to any portion of
a building situated upon Tha Properties and dosignatocl and intendod
for USQ and OCCupancy as a reGid~ncQ by a eLn9lo (amily, and may
include units so de~iinated under the Unit Propert:y IIct of Ponn-
sylvania, single l' ami , y homes or units in a multifilJl1ily ouilu.Lu':l.
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E;xhibit "B"
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(e) "O\~ner" .hall mean and refer to the record owner, Whether
one or more perlonl or entitie., of the tee limple title to any
indiVidual OWllling Unit or to any bUIlding containing more than
one Owelling Unit under lingle ownership, and lituated upon The
Properties, but, notwithstanding any applicable theory of the mort.
gago, shall not mean or refer to any person or entity which holds
luch intot'.st meroly as security for the performance of an obli9a-
tlon, inCluding a mortgagee, unless and Until such person or entity
has acquired fee simple title pursuant to foreclosure or any pro-
ceeding in lieu of foreclosure.
(9) "Member" shall mean and refer to all those Owners who
are Members of the Association as provided in Article III hereot.
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~RTICLE III
t!,I!:MBERSIJIP; VOTING RIGHTS; ASSESSMENTS
Section 1. fo~a! Membership. The ~~bh~rized number of mem-
b...blp. 'f 'h. .....I"i.. 'h.l, b. ','5', .f .bl.b .. .... 'b..
." ,b,11 be I",.d ..d 00.,...d"9 '. a.y 0', 'i... Tbe ..mbe._
ships Shilll be of two clas3es A and B,
"
Section 2. Class]l, Membershie. Every Owner who, by reason
Of 'he O..r"'.i.., I. 'Ubje.. by 'ov.n.n.. of .....d .. ..........
by the '''00"''"" "'U bo . CI." . Me.... of tho ...o.i......
'ooh CI... A "'m"'. "'11 b. '""tl,d '0 0", .... for 0'" 0.e.:I'9
U.1t 'hI'b 'oc, M'mb.r Indlv""..y ow", .f r....d .. 'hI.. .. ..._
..i'.d I. · bUI.di'9 'hi.h 'u.h Momb.. 0'" .f r""d, P,ovld.d,
howev.r, 'b.. .b... will b. no mo.. 'b'n ", CI.,. . ...b"'hip.,
all having One vote each.
Section 3. Class B MemberShips. There shall be 926 Class B
memberShips, all of "'lilch shall be [SS~ll!ld to the Developer, or to
i., '..In" .. n'oln.... ...h C.... . M..b.. .hall b. "'I...d
.. 'hr.. ..... ... .a'h C"" . ...b...hip .. b.ld. A. ...h CI...
A memberShip comes into eXistence and Is issued, on~ Class B mem-
b"'blp 'h." ..,., 'nd b..... . nolll.y. '" CI... n m.mb...blp,
'b.ll "P" ... b...m. . nol...y on 'b. fi.., '0 .'PP.' .f 'b. '01-
lOWing eVflnts:
(11) Whl'!'1 the total iOSU'lld and outstanding Claso ^ memberShips
equal 926; or
(b) On October 31, 1981; or
(c) Upon the written surrender of said Class D memberShips
by the than holders thoreof for cancellation.
Section 4. MemberShip Assessments. The rights of memborship
are subject to the payrnont o'l anlluarand special assessments lovied
by the AS$OC!ation, the obligation of which assessments is Imposod
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,against each Owner of and becomes a lien Upon the property against
which such a's~s.m.nt. are made as provid~d by Article V of thft
Declaration to which The Properties are sUbject, which is recorded
in the land records of CUmberland County, Pennsylvania and which
provide. as follows I
of Lien and Per-
ng Un t owno y
it or to be crcntod by it within The Properties hereby Covenants
and each Owner of any individual Owelling Unit or any building
containing more than one Dwelling U~it by acceptance of a dced
~herefor, whether or not it shall be so eXpre~sed i~ any such
deed or other conveyance, is deemed to COVenant and agree to pay
to the Association: (i) annual assessments or charges as provided
herein, and (ii) special assessments to be fixed, establishcd and
collected from time to time, as hereinafter provjded. The annual
assessments and special assessments, together with interest thereon
&nd costs of collection shall be a charge on the Dwelling Unit or
the ,building containing multiple Dwelling Units which an Owner
owns of record and sh~ll be a continuing lien upon the Dwelling
Unit or the bUilding ciontaininq mul~iple Dwelling Units which an
Owner owns of record and against which such aSSassment is made
from the timo SUch assessment is made Until paid in full: pro-
vided, however, that, where any portion of The Properties has been
submitted to the_Unit Propp.rty J\ct, no part of tho Common f:IClmenl;s
,) of such portion ot The Properties shall be subject t.o a!;:'lcIJSlI1unl;
by the J\luocintion. Bach assessment, togethor with .tnteronL I:.hero-
on and conts of collection, shnll also be the joint /llleJ nov('nlJ.
personal Obligntion of th~ person, group of pernolls or ~ntity who
was the Owncr of l;he assessed property at the till1Q wh~n the US~osa-
ment became due. AssesslI1ents mada by tho ASSOCiation, prior to
such time as the Oevelopf!r has l:ri:lnsferred title to the Conununity If
Facilities !let forth in Exhibit ^ to the J\ssoci,)tion, shilll IJe
plIid to the Developer to the extent relJuirctl to Fulflll tho
purposos set forth in paragraph (b) below, but shall not excoed
the annual sum pf $100.00 for each Dwelling Unit, nnd none of
the funds derived from such asses~ments may be devoted to expen-
ditures for capital improvements which are the sole responsibility
of the Developer.
(b) Purpose of Assessment, The assessments levied by the
Association Sh<l11"1)0 used for the purpose of promoting the rCCl'ea-
tion, scenic enJoyme~t, healt~ welfare and safety of the Members
and in particular for the ,mainl:.enancll_of the Community racUitie",
inClUding, but not limited tri, the payment of:
(i) All operating expenses of the Community Facilitios,
including s(Jrvio~s furniShed; and
(ii) The cost of nece$slIry management and administration,
including fees paid to any Management Agent; and '
(iii) Taxes and assessments lovied against the ASSOciation or
upon any p~operty whLch it may own or which the ASSOciation i~
othorwisa r~quircu to pay; ~nd
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(iv) The Cost of fire and extended COverage insurance, com-
prehensive liability insurance, fidelitr insurance nnd the COlt
of euch other inlurance al the AI,ociat on may procure; and'
/1 1')T~..... ., ,...... .. ........ ....... ,... ,.. ...1.d._
It.... ., tho 1........... 'OOl.d.. .. 'h. c.~..lty ".l1lt1... ... .
~ (") Th. .... 0' ........ ..1........ ... ...1........ ., 'h.
Community Facilities. ,
(c) Annual Assessment. It shall be the duty of the Board
' ., D 1... ..'" · , · h. ^ .... '" ... '0 .... ..... . h. ...... 0 f . h. an'''l
alSODsment fo'(' each Dwelling Unit (includ,tng Dwelling Units in a
building un~er single ownorshlp) for each asses$ment yenr. Tho
annual assessment shall he the same for each Dwalling Unit: in an
GUiismeiit'.yenriprovided, however, as 'the Properties are axpandod
to inCLUde more D~~lllng Units or as additional Community Facilities
ara obtained within any given assessment year, an appropriftte and
uniF.orm adjustmenlo o~ tho '('(i;!Il1ainlnq insta,J.J.ments of SUch assessment
Ihall be made in accordance with the aforesaid standard of treating
each Dwelling Unit alike far each full calendar month during which
it was part of The Properties, reg~rdless of its si~e or location.
The annual assessment for ~ny DW~lling Unit for any assessment year
(after the first annuftl assessment as prOvided below) shall becomo
due and payable Ilnd <t lien against the Dlvelling Uni,t or building
" containing multiplo Dwelling Units On tho first dllY of the first
. month of each cnlendar year upon which it bec~me part of The
I'ropurtios. 1'hl~ lJoi:l~.q of 1)~rec~Q,r~ of the Associiltion Shill1 givc:
//lvrittCln notic," of the annual assessment to each Owner ill', l(~ill'lt
' thl..y .'y. .'10' '0 'ho 11,,, ~"Y 0' ".h ''''',mo.' '"'' co. "'''11
give further written notico of changes in assOSs~ori~s rOBulting
trom expansion of The Proporties or Co~nunity Facilitios as Soon as
practicable after the facts of SUch expansion are known. Assess-
ments must be made on the bdsis of equal monthly installments with-
in ~ny assessment period except as affected by changes reSulting
from expansion of 'rhe Propertios or the Community faCilities, said
instllllmants shall he payable in adVance on the first day of each
calendar month.
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(d) ~pecilll Assesslncn ts. In !ldd i t,ton to the annua I assess_
ment author <:ecJ"'ibova, th(!-i\i:iso~i(ltion mny from time to timo levy
a Special assessment for the purpose of defraying in wholo or In
part the cost: of any reconstruction or unexpected repair of an
improvement locatod upon the CorM1unlty Facilitifls, inch:ding tho
nec ~ res and naJ. ro ert relata
however, that any SPec:inl assessmenl: s II on, y bQ levied by II ro-
SOlution approved vo Class of IbcrS(b/IIOd
u~on t,e entire tand~n meln ershi 9 of oac C III: 1\ rneotlnq
dUly calle or Such purpOse at wh c a quorum s prelont, writLnn
notice of WhiCh shall l1<lVe dtscJ.osea tne purposeo[ tnCl mOCJtlncr nnd
shall hava been SClnt to all of the Members lit least I:hirty dayn In
,- adVance of Such meeting, 1'he due.: date for the payment of i1ny
special a:1SelUment Shal.t be fiXed in the res(lllltion Iluth"rhlllCf
Such assC:Ssm~lnt, Any ,lIP',cilll c!I~scssment lc'viod by the ^1ll!lO~~j.1tic;'n
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pursuant to this paragraph _hall be the sarne per Dwelling Unit
(including Dwelling Units in a bUilding under single ownership).
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(e) Commencement of Annual Assessment. The annual assess- ,
ment perioCl shall commence on the Urst day of the mon~h fOllo'lIing
the first conveyance by the Developer to the Owner of any Dwelling
Unit. The firs~ annual assessment shall be made for the balance
of the assessmont year and shall become due and payable and A
lien on the Dwelling Units as of the date of conveyance of the
first Dwelling Unit as aforesaid.
(f) Reserve for neplacements. The Association must establish
and maintain an adequate reserve fund for replacements by the allo-
cation and payment (f~om each month's lnatallments of the annual
assessment) to such res~rVQ fund of an amount to be clesignated I
from time to time 'by the Board of Directors of the Associatiori. I
Such fund shall be conClusively deemed to be a COIMlOn fund of the
Association and shall be credited upon the books of the Associa- ' ,
~ion to the "Paid- in-Surplus II account as a capital contribution
by the Members, Such fund shall be deposited in a special account
with a lending institution the accounts of which are insured by,
an agency of the United ~tates of America or may, in tho discr~-
tion of said Board of Directors, be invested in obligations which
are fully guaranteed as to principal by the United States of
America. ~J."E!sef~~1!1.l!Y .lle ~?<p~,!!ded .9.!"Jy. t.!?Lf,'?L?lAc9n1cn ts, og,J:!!c
!;;,2mmunity Facilitie_s. The proportIonate inl:erest of any Member '
in-SUCh reifel''Ve'sli;'Ill be considared an aPPUL"ten/lnCa of. hit> /)wull-
ing Unit (i.ncludi.ng Dwelling Units included in <l IJuildi.nr) under
single ownership) and shall not be separatolywithdrl1wn, assignoe}
or transferred or otherwise separated from the property to whioh
it appertains and sh411 be deemed to be transferred with such
Dwelling Unit or Units.
(g) Assessment Certificates. The Board of Directors of thG
Association sh.ll prep~re and maintain a roster of the Dwelling
Units (inClUding Dwelling Units within a bUilding under singlo
ownership) and the annual and special assessments and charges
currently applicable thereto and shall make such roster available
for inspection of Members upon request, The Association shall,
upon demand, at any reasonable time, furnish to any Owner liabla
for any asstissmcnt or to ~ny first mortgagoe of a Dwelling Unit
or building containing Dwelling Units a certific~te in writing
signed by an officer or other nuthori?ed agent of the ^ssociation,
stating whether such assessm.nt or charge is paid or unpaid. Such
certificato shall be conclusive evidence of the payment: of any
assessment or charge therein stated to have boen paid. A reason-
able charge may be levied in advance by tho Association for oach
certifica~e so dolivered.
(h) Non-Pa~ment of Asse~sments. ^ny assessment or install-
ment thereof levied purl'luant to t~ese COV'3nants which is not paid
on the data when due shall be delinquent and shall, together with
interest thereon and cOsts of aolluction a~ hereinafter provided,
becQm~ a continuin9 lion upon the Dwelling Unit or building
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containing mUltiple Dwelling Units against which such assessment
11 levied purluant to this Article. All assessments shall bind
auch Dwelling Unit or bUilding in the hands of an Owner, his
h.ir., d.v'...., p.r.on'l r.pr'.,ot"iv,., ,ucc".or. 'nd "'ign._
The obligation of such Owner to pay SUch assessment, however,
ahall also remain such Owner's personal jOint and several obliga_
tion tor the statutory period.
(i) Remedies. If any assessment or installment thereof
is not paid within thirty days after the due date thereof estab-
,lished by the Board of Directors of the ASSOCiation, the delin-
quent amount shall bear interest from the due date thereof Until
paid at a lawful rate established by resolution of the Board of
Directors of the ASSOciation at tho beginning of each assessment
year. The ASSOCiation may bring an action at la~ against the
Owner perSonally obligated to pay the same or may foreclose the
lien against the Dwelling Unit or bUilding containing multiple
Dwelling Units in the manner provided by law. In either event,
the ASSOciation sHiH, reCOver from SUch OWl'let or out of the: pro-
ceods of fcreclosure accrued Interest and costs of COllection,
inClUding but n,ot limite(! to, rec):gon<tblo attorneys' fees. No"
Owner may waive or otherwise escape liability for the i'lssessntants
prOvided On thi S DecIa ra tlon by non-use of the Communi ty Facili_
ties or by abi'lndonment or non-use of his DWolling Unit or Units.
)
(j) SUbordination of Lien. The lien of thQ asseslJmont pro-
Vided for in this OcclarlltTOns-hall be sllbordinato to (l.) tho
lion of any rC1<tl 0Fltlltc tc)XCl'l or general or spocie,l MJ.'lflf>IlOl('nl:s
by the local taxing authoritill's impOsed on the D~/olling Uni 1;,.. 'or.
huildl.g con..i".g oUl'i.l, .0'11ing Uni.., Uil 'h. 11.n 0' .n,
first mortgage now or hereafter placed upon any Dwelling Unit Or
bUilding con"ining oUl.ipl. .0.'1ing Uni., .ubjoe. '0 ",o.,oon.,
and (iii) liens cr~llted pursuant to any Declllration Creating and
..t'hl"hing , Condooiniu", pursu'"t to 'h, U,-,it Propor., Act h,
reallon of Unpaid assessment to the COuncil of SUch Condominium
h.ving jurl'diction o~r 'n, ~Olli.. U'it or U.i.._ In 'ddi'ion,
a first mortgagee of any Dwolling Unit Or bUilding COntaining
mUltiple Dwelling Unit3 who Comes into POsseSsion of a Dwelling
Unit or building COntaining mUltiple Dwelling Uni ts pur,9Uant to
tho roo.d I.. pr.. hl'd i" tho 00 r.. "" '0 roc 1.. u to ot 'h. 00 ro. '.',
Or deed in lieu of foreClosure, shall take the Dwelling Unit or
bUilding fro I! of any claims for ullpaid charges or Assessments of
the Associ~tion at the timo (but not after the time), Such mort-
g'g.. .0... into PO.....ion 0' th. .O'''i.. Un" or "."".. I.....,
for claims for a pro rata share of SUch charg&s or assessmonts
reSUlting fro," a pro rata rflallocation of lluch char:goFl oli' al\1~QSs_
monts to all OWellJ.ng Uhitn incluaillg' ellu ll.fJrt",ClYUU pn,,"J.Sl.:~) .
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Section 5. SuspenSion of MemberShip Rlqhts. Tho memhurllhlp
r tg h.. I" ,"opt fOr 'h. , 'g'''' . 0 "" uon 0' ",. "root,. rO"do.,.
and parking areas) of ~ny person whoso interellt in Tho PropurtJ.us
is subjoct to assussments by the ^Fl~ociation, whether or not he
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b........U. .b11..... .. ." '..h ............. ... .. ........... '.
by action ot' the BOlrd ot Dirlot:or. dUrin9 the p.riod wh.nt:h. .. ,
.....lIn.nl:. or .ny inst:.llment: ,th.reof relll.in unpaid, 'but, upon
.. ....... ., 'Ooh ............ h10 d.... ... ...v".... 'h." ..,..
......"c.U. ......... "th. Bo... ., D,..c.... oh." h" "op... ..
. ... .""'hh.. M.. .......""00. .ov...,..... .,. ," . th. . .. ,.
C-"h. "'Uh....... th. .or...., c....c. ., '.y .."on ....._ .
."V'o1o... ... '"ch .... o. "'.""." 'h.. ... Bo... 0' Db.c- .,:,
. "" ..~, .. ~h.,. ........0.. ....... "'v.,',' ".h', ... 'h .. ".
".hto .. th. ." ., 'h. Co'"".'''Y F..".".. l....p.. ,.. .....
...h to ..... ." ., tho ........ ......Y. ... p.. .... .....) ,... ".
· p.riod not to exceed t:hirt:y days. ", , '
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Section 6, of Ri hl:s. Any Member may deleglt:e
h" d... ., "l.y..". .. co,""" " "..11.... '... I,) .._..
0' hto '''''.. (" his. ...... ... (c' his 'eo"... who ''''''
. wlthi.. Ow.m.. u... ... .h..., ""10. ... ....... ,"b j....
h_v.. ... ... .mv'd.". 0' th... "-L.w. ... tho <0'" ...
r~guII~ions which may be adoPt:ed by I:he Soard of Direct:ors as
hereinafter prOVided.
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ARTICLE IV
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~ETING OF MEMBERS
s.c"c. ,. p",.., ...". .. ..."...., 'hc m..,~ "hip
'h,U ,. >0, " th, .. .c pa' ., ice 0' p.... .,. L....,.., of 'ho
........... ., ,. '.ch .'h.. '.i..b" p"c. c..v..,c.. .. ~h.
member,ship liS may be designated by the Board of, O.i.recl:'ors.
S.c".. ,. A,,"", ."".q. Th. l1... ....., ........, ...
"'-.. .h," .. h.'d .. '.ch .... .. '" '.ard ., D'"c'.r.
'h," ........... '" .hall "h.,.. ,. "Y '""'. w hhin on. ....
., tho ....., '.mrp.r. ".n 0' 'h. ....c,...... Th...."... ' ...
.,1/ '''"'' ..."... ., tho ....... 0' 'h. ....0..".. .h.ll b. h.,.
r on tho "... ...."".a. .f I",. ."." ...,....... ..... A' OU.h ...._
,... 'h... .h." b. .,.c... by p'ur"i.. ba"o. ., 'h. .....r.. .
... B.... 0' Dh...." ,. ..c.r..... with 'h. r"'l"""'". 0' s.."..
· ., 'r"cl. V .f 'huG "-L..... ".'b." ... .10. ."...C. auch.
O'h.r bUd.... ., 'h. '''0.''''0' .~ ... .'.p."Y .0... h.'.r. .'h.~. ..
, "','
...".. '3. S'.ch, "u.ti.,. ".h,,,.. 'ho '." ., .h.,
p...ia... .. c"l · ,p..l" ".'i.. ., .'''.,. ., "r..... b.
.......... ., 'h. ..... 0' .......r. o. 'poo . P.""... L.,.. Pro.
...... .. ... S.c"..,y wh'ch i. ""., by 'h. Cl... . .....,... ~ .
.... '""'10. .. C....h..'.ur.h (1/40h' 0' "h. '.'" 0' 'h. Oh.. A
".b.r'h'p. Th. ...... 0' ',y 'P..i., ....... .h." "',o'h., .".."
"..... p hc. 0' OUch ... ti.. ... 'h. p. 'P... 'h....,. .0 b.d _ : .: ,
0... ..." b. '''''''''. .. . .p...., ...".. .,cnp' .. "',.' .~. V
'h. ""c.. ..
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,I'
......
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- 9 -
J ",'
' , , .
ieotionS. Proxi... ^ Member may appoint any nther' Member,
'or the Devaloper 01:' theManaqement ^qenl: .. his proxy. Any proxy'
mUlt b. in "Iritinq and mu.t b* Hled with th.Seoretary ,in fO,rm ,',
' approved !;Iy the 1Ioard of Director. betore ,the appointed time of' . ,
each mlletinq. Unlan limited by Hs terms, any proxy shall continue
until revoked by II writt.n notice ,of rovocation filed with the
Secretary, or by tho death ot the Membar. .
,
.. "
,,/
,;".,:,'
Section 9. Order ot BUllinll... The order 0 f busin... ,at:
annunl mcui'tTnCj/s of Humb'!lrn shull iie as tollows I
"" .'..,
','. "
" , '. L ,:~...' "
tal
(b)
(e)
(d)
(e)
(f)
(q) ,
(h) ,
(i)
" ...., ,
, ' ,
Roll call and cortiflcation,of proxies.'
Proot of notice ot meetinq or w~iver. ot notice,
Rendinq of mlnu~es of preceding meotJnq.
ltoPOI:tR'Ot otfict\rs, if any.
Ruports ot conunitteel!l, if any.
Unfinished business.
New Cudness. '
^ppointment of. inspecto'rs of alllction.
Elaction of dir~ctors.
';,:"" "
;1".. "~
;' ..,,'
.,; ~ "
;
In the caso of special m~etings, items (a) through (el shall
be applicablellnd thereafter thellgenda shnll ~onsist of tho item.
spocified In tho notice ~f meating.
^RTICLE V
Dor~D OF DIRECTORS
Section 1. Number lInd Ouallfication of Diractors,The aftiits
ot the ^sliociat.i.on 8h..11 ue govern&d by the Board ot Oi.rectors com-
, I
posed of at lel'l!lt five' natural parsons. Aftor the lapse of all "
of the Cll1sli D memberships as provided in ^rticlo III of these By-
Laws, all Directors shall be Members, .
I Section 2. Powers and Duties. The Board of Direc'tors8hall
have ill the powars nnd duEles nncQssnry for ~ho operntion~ main-
t:lInanco and aclminintrat:ion of the COIMlunity Fnclliti.os and the
attairs ot tha ^s~ociation 'lIn~ mny do ~ll such acts lInd thinqs a.
are nol: by law, the I\rticltli'l ot Incorporation, the Declaration or
thesa By-Laws direct~d hn ~~ exeroii'led and done b~ the Membors.
Tho powers ,and clutil'l~ oe thu BQa~d of Directors shall include,
but not be 11mi tau' to I
",
(a) Determination and colle~tion of annual and special as.~.~-,
men!:. from Members, the m3intonl'l:lco of a 'roster of aSIIOSSlnont. ".
andcharqes npplio.:\blu to (iach Owner and 'hiD O\ole11in<] Unit or Units
And the Qnforcem~nt ot liens thnrofor in a mnnner consistent with
law and the provisions oe these Uy~Li'lws and the Declaration;, ,"
, (b) Maint"lllanco 'of 1I roster ot fir.st mortqllqees ot-each
Dwellinq Unit or blJil~linl'J contain~nq mUlt1,pla Dwallinq Unit:.s;
"
.
, .
....---------
. "
... 10 -
01
-
(e) D..ignation, hiring, di.mis.al and obtaining of a Manaqe_
m.nt Ag.nt or of the personnel and services and material. n.c....ry
tor the good WOrking order and operation of the Community Facill-
tie. and the payment of all expense. and expenditures of the Asso-
ciation for which assessments are authorized by the Declaration
or theoe BY-Laws;
(d) Promulgation and enforcement of such rules and regulations
and admission charges and fees and such restrictions or requlremCllnts
as may be deemed proper respecting the use and maintenance of the
Co~nunity racilities, all of which shall be consistent with law
and the prOVisions of these BY-Laws and the Declaration;
(e) Preparation and distribution to each Member of an annual
report which shall include the annual financial statements herein-
after provided e\l1U which shall sUl1U11urize the operations and actions
of the ASSOciation and its receipts, expenditures and reserves; and
ef) Performance of all other dutie~, obligations clnd rights
of the A5soclation and the Gonrd of Directors as set forth in tho
Articles of Incorporation, Declaration or these Oy-Laws.
01
Section 3. Management Agont. The Board of Directors may employ
for the A,9!loCiatiol1 il protuSi-j'j onal management agent (tho "/oI<lnago-
ment ^gent" ) at a rato of compensation estahlished by the OoarrJ
of Directors to perform Such dutios and services as the Board of
Directors shall from time to time authorize.
Section 4. Election ~nd Term-9f Office. The term of the
Directors named hur.e.ln and the Articles of Incorp()ration shall
expire When their SlIccessors have beon elected at the firl!lt, annual
meeting of Members and ~re duly qualified. At the first annual
meeting of Nemberl!l, the term Ot office of the two Directors
receiving the 9r~atest number of votes shall be fixed nt three
(3) years. The term of offica of the two Directors tQceiving tho
seCond greatest number of votes shall be fixed at two (2) years,
and the term of or rice of the other Director shall be fixed at
one (1) year. At the expiration of the initial term of oftice of "
ench respectiVe Director, his successor shall be elected to serVe
a terl11 of throe (.1) years. '1'he Directors shall hold oflicG until
their successors have been elected and qualified.
~.
.
Section S. Vac~ncies/Rc~ianatlon. V<<cancies in the Doard
of Directors caur;,,~1 by ..ny roaAcm othol:' t:h411\ tn. renlnvl.l.!. of "
Director by Q vote of NElmbu'!J shall be filled by vote of the
majority of the romaining Directors, CVGn though they may consti-
tute less than a quorum'; and each person so eloctod shall be a
Director Until a succe"sor is Glocted by tho Members at the ,next
annual meeting to serve out the un~Xpired portion of the term.
Any Oiroctor'may resign at ~ny timo by giving written notico of
such resignation to tho ao~rd of nirectors.
, .'
_ 11 -
..otio. ,. ..mov,' of c'r.otor.' ,t' r..o,.r m..t'.', 0'
., . "'0' "".t.' 0' 0" or .00' ,0,"0," ,cot o.W ."..
~th. "" t ".o,.r moOt 'M 0 f ..""'.CO oO .or.' ..""v' .rov"'" · ,
.., c'r.otor .., C' r.mov.d .,t' or.ithoot 0.0" C, · vot. of ' .
\"",-0.' .oroo.t of th. .,'",,,. vot.. ..t",.d to C' ooOt "
..mC.r.. .h.'h" 0' .ot .r....t ..d vo".. th.r.o., ,'000,,'0'
m" th'. ..d th.r. c. .,.ot.d to "" · v.o.." C, m.jor'" vot.
of ..mCor' .r....t ..d vot'.' th.r.o. ,. ..r.o. or C, .ro." .h'
,orm of ,.y c,roo,or .to ,. . c"" , ..mcor ..d .ho C..O"". mor'
th'. th'rty d.,. d"'.Oo..t ,. ..,,,,,.t of .., .........,. 0'
.h"'" do' thO ,,'0.,."0. .h'" c. .otom.""'" ,.,m,..t.d ..d
th. rom.,.i.' D""'oOO .h.ll ",0'.' .,. .oce."o' .. .,ov'd.d
in section 5 of this ~rticla.
~o compensation shall,be paid to
Direocors.
...Ho..' ,..o.,...t\!!5!' .hO r..o'or ...0.' m."'.' of
th. 800rd of D'ro"o" ., thOV' oth., no"" th.. th" .,'",.,
.h.ll .... ."" ,m""'''''', , ,,,or. ..d ., tho ..mo .'''. ... tho
annual meecing of Members.
S..t'o. ,. .. 0'" ..ot'." ...o,.r m""." of t" 80.,d
of D"..,or. m" c. .., ., .0.0 t,m. ..d ."" ., .h'" c. do'.'-
m'.'.' "om H"" ,. H"". b, . m.jO" t, of tho D',""o", co, .t
~." foO' ,~ .o.h "".".,. ".o,od'.' tho ,.'0" "".,...' ..."
co hO'd dor,ng '''" ".... ,.". NoH" of ",0'" m""." 0' t1"
80.,d of D""'o,' .0'" c. .".. '0 ...h D"O"o" ,,"0."" 0'
~' m.i' '0 .,. add"" ., " .....,. 0. ,.. ,..o,d' of ,'0 ",0'
.,.'iO. ., ,h' ,'m' .o.h .o".e i' m.".d or ....0..1" d.",.,ad.
., ,..., .,. d.,. ."0' '0 ,hO d.y .",od fo' .o.h m.."M' "
~..,'o. ,0. s...i," ...,'.c~' S...,., m."'." of the 80.rd
f c,r."OCO m" co ...l.d " ,0' .r..'d'.' .f the ,"0.,."0. o.
,h'" d"" .0"" '0 .... c"ootor .,v.. ..r.o."" 0' b' m.i'
. h.r.,..bOV. .,ov'd.d. .h'oh .ot'" .h." .,.,. ,h' ,'m" .,...
.d .orpo'o of the ...,i'" S...,.' m..t'... of ,h' 80.,d of
",..'0" ..." c. ..".d c, tho P,..,..., 0' S..,.,." ,. ".c
....' ..d o. ".. '0"" o. ,hO .",... ,.ooc,' of ., ,.." 0.0'
hird tl/3) of the Direccors.
~.c"oo l.1. '!!'J vor of lJ.o.Jo'c~' 8.fo" or ., .., "".H" of
h' '0". of ..,..'0'" .., c"..'o' ..,. ,. .""... ..'v. '0""
f .o.h m."'" ..d '0.' v"v,' ..." c. d..m.d 'h. 'oo".,..t 01
.. .'v,., of .... .."... "'........v. 0"..00. .0 ..v "."
., of th. oo.,d 0' c"..'o,. .h"l. c. . .."., of .0".' C, h'm
f th' "me. .".. ..d ,.o,po'. ,..r.'" ,f ." oh' c"..oo" .,.
,....t ., .., ...t'.' e' ,h' no.,d of D"O"o'" .0 '0".. .h."
. "0."'. ..d .., bO.'.... m" C. ".....,.d ., .o.h m."'."
S..,'o. '2. 'Ooo,om. "." m.""" of thO 80.,d .f ""..'
0" .. m'Jo'''' 01 oh' D'''''o," ...ll .o..."ote · ooo,om fO'
he "....."0. .f co.,..... ..d ,h' ..,. of t" mojO"" of the
.,..'0" .,...., ., . m."'.' ., w.,.h . ~e'~ ,. ......, .h'"
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,,_ "'. e $' ". . 'TfJ 0 ..... . ~ v. ()
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,,0. ..... ../0" 0"., 0..., ':" .0'" ;..'JO:'.'
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,,',~, ~ ~o . ,'.0 60- .~.,...' ..
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Cf :rS>1.( c>././ (> "C>1
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.s'. ....., "./ '" ..,'?v /I~..
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.. .{o. 0- 6... ,/ ;;." : J'" ...~
0;":' '. · ,,;.;.. 0;.'" ~o. 0.. <'0<
~ s> 6}. eo './,/~{>""'t ~ ./.., 0.(> ~O(>~;r. <!'>
. .. o~ ~._ 0,/... "..~. Z.~O" 0.... ",
,.}. ~o ~;~*.f. OJ- {' ~,.,c' 0 <;) 0", Q.S' (1'.( ;s-
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'" (;/ et" '1 e () '/ 't '" <<> ~
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t--,~ ".;;':.;: "ir,,( '0.. ~.:r~. · .::. .... 0 {::..;::..,
f)~.. l'. Q (I'~ '--S:?>' 0...... ""'0 o?.f. ,0
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0"';' '0 0 'i'. . " . · · 0, .'. .. 0
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'. ...0..... ;:. o' o..~b .0." ~'^ 0"..;:' ~. <.
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.. 0 0, 0 '0'.. ' · · .. ..0...
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. . <_ . .' ~ "".' o' 0 '
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.0.... . o.q.' ", .'0. .".'. .
'. . 0, 0 o. ,... '. · · ·
oJ . .,~ "'1 v., '1,( 0 ~ "'., ..
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eo. "'....~. ~~ ..../.1 ., {' "'~ ~I')" "-SA
4' 'lot "':t. f.) ~~ '" 0 ...
{'.,/./ et... ~1 "'\? ~,,~.. O.~~
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.f~7.".~ "'1 .~t ~.f~
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- 13 -
1"',1
Section s. Viee rreGiden~. The Vice President .hall take
the place Of tha Pro.Id~nt and perform his duties whenever the .
Pr..ident shall be absent or un~ble to act. If neither the Presi-
dent nor the Vice Prer.idont is abh to act:., the ftoard IIhall appoint
some other mombor of th~ Doord to do 110 on an interim basis. The
Vice Presldont shnll nIno porform suoh other duties as shail from
time to time be dosignated to him by tho Board of Directors.
Soction 6. n!!~~,!!'y', Till'! Secrotary shall keep the minutes
of all mQctinv~ of the Uo~rd of Directors and tho minutes of all
meetings of MembeL'!j. IIfl nhal.t halle custody of the seal. of the
^ssociation and he !lhall have chnrgp. of the membership trans1'er
books and of such other books and papers as the-Board of Directors
may direct. fie! !1hall, in grln~rnl, porfonn all the duties incident
to the offico oP necretary.
Soctlon 7. 'rroaIIUrcl.'. TIH~ Tre^SUT~r shall have T.'Osponsibi-
lity fori\iiiiOCIiitI"on !:uiUfrl I.Ind tln~uriti~~ and shall. bo ro~pon9ible
for the koeping of full an(l i1~Cllr.nb.l accounts of nil receipt,!) a!lt)
dishurs€lmQntr; in IJooks bfdongtllCj to ~he lI:isor.intioll. lie slwlJ. bo
responsible for the cJ(,J(ln~;j I: (If. II,ll mon(~yt: al\,l other valul'lble affects
In t,hc nallle, i111t.l I.fJ t,lw CT.'l"d,j t:, 01' the 1\~J1'IOC ia tlon in !luch deposi-
tori!!s !IS may ft'orn tima to timr' bo cllJf3iynlltecJ b~' tho Jj(nlrd of
Directors,
,)
j\It1'I~I~.!.~
FISCAL MATTERS; S81\L
--..-. -.
-'
Section 1. Fiscal YOur. Tho fincal yenr of the 1\nsoci&tion
shallbC9Ii'i"CJn~~'-ffiut';Tay of ,Jl'Il1uary QVC'r'y Y')iU:', ('!xc:opt for t.ho
t'irnl: fineal year o,f! tlw A~''Jc.H.::i,alion .....hi<:11 nhall. b(},lin on tho date
~f incorporation,
SectirJn 2. "o,>ks and lIcc()\lnts, Books Ilnd accounts of thl!
l\S!lOr:il1l:i(11l !'1hnl,l '-Gi:;-'"'Si~7t"i.iiiCi~l:-Hi-;) t.lircr:tion of the Trc.-nsurcr in
ncc(~T.'di111(~(J with '.l'''ltl';n.\ j,,{ ,I(:r.:c['t,c.-u i1CCOul\t,i.n'J principlclJ. The same
shall includo bnoJ.:.s ~:i th u"t.:lillld account", in chronological order,
of the recr:ipt~; .11",1 ot ~,hfl "":L'(,lI1diturcs ,,1: the lIl.lsociation and its
administration an,) SI,..llt speci.fy the mi1intf1nance and repair expanses
of thl:? COnlr\l.m,1 ty l"'Ici I! t: i r" ...nr1 /'In:; other E!xpr:nnftl'l ,i.ncurrec.l. 1\n accoun t
of any roserVGS gn~nblJohnd by the no~rc.l of Directors, lnaludln9
additions thereto and t1ililbu r:lenlCn l:~ thOL'lwf, shall alllo be maintained.
That amount of any a:l.H;;r."lOt:nt T.'<.!'luired fOT payment of any capital
expendituros or res~rV\~1l nltat(ld 1:11<,1rol:o of t.he 1\ssociation shall.
be credited Upon tht:.! btlnkn of t:h~ I\n:'1('c1.:1tioll to the "Paid-In-Sur-
plus" account Ill! .1 capito''!! cOlltri.hutioll uy ~Ir.'mhe!t's.
S t1 ' I t' r nO~~R 'l'11F,- boo~s and accounts of
cc on '''__I'!!'1P~E,:.!,'2.". o. _~!:::.'
.. '. I
4 '.' I
,"
. "
.
- 14 -
,I
the A..oolation shall be available for examination by Members or
their duly authorized ag.nts or attorneYI, and to tirst mortgage..
of regard of any Dwelling Unit or building oontaining multiple,
Dwelling Units or their duly authorizCJd agents or attorn.ys, dur- .
ing normalbulinoDs houra and for purpolos reasonably relate~ to
their interests.' .
'.
. , ., I
Seetlon 4. hudit. At the close of each fiscal year, t~. "
,book. and ,recorda of the lIRsociatlon shall be audited by an Inde-
pendent oertified public accountant whose report: shllll be proparod~,
and oerUf ied in accordance wi th generally accepted audi tln9 s t'an- ,
'dards. Th. Association shall furnish such repot;t'and the ,accompany-,.."
,ing flnnncial statements to the Members. Copies of such report
and statements shall also be furnished to any first mortgagee of
any Dwelling Unit or building oituoted wHhin the Properties.
::1
.",
Soctlon 5. ,Seml. The Board of Directors shall provide a
~u!tablo corporat~se/]l cont~ining the name of tho Association,
whic~ leal shall ~- Lh tho charge of the Secretury. . " '
hRTICLI!: VI II
"
,)
hHENOMENTS
Section 1. lImendmonl:lJ. Tht'Jse By-Laws Inny bl! amended by .
resolution lIpprovel.lby ('1 :iiii:ijor.ity vote C)f. each Class of I.lombers
bl'lllod ul>on I:hp. entire put.stnnd.ing ml!Rlber!JIhip!I of ellch Class at a
meetirlg dUly en!] Clclfor llur:-h purpose at which a quorum is present, ,
written notice of I"hiclt !ih.lt! hllve di!lclosod the purpol'le of the ,
meeting and clesCl'ihp.d the pr"'po~'r.ld arn'.lndment,' and which shall have _
been sont to lill of. the Member!l lit least thirty days ill ndvance of
Such meeting; I'rovj,ded, h()~mvo.l.', I:.hn t no such amendmcn t sha 11 be
plll'lSed which wlJulc1 mak.e theSe By-Laws inc:onlllsten't with the Deo::la-
ration or Which Would alter thCil rights of firl5t mortgagces of "
record M !'let ferth in tho I)eclara't:.ion or. th~!Ie B'Y-Lal~!'l unless
the requisit:u number of Brnt Inortgagees have given thnil:' approval
lIS required by tho DeClAration. ,
"
lIRTICLE g
In SC1~LL^NEOUS .
-
, .
../
Section 1. Conflict. These By-Laws .re subordinate and sub"; :,'
ject 1:0 ali prOVisions of. tho Doclor.tion. In thl!! event of any, "
conflict between these' By-LAwS and the Declaration, the rrovislons
of the Declaration ahall control.
Secl:J.on 2.' Committee~. The Board or Directors may" ,
from tllne to timo, appQTntlluch cOllunittoes as il: considers nec....ry
or appropriate from tho mambership of the Corporal:ion, each of
which IIhllll conAi!lt Of a chait'lnlln and at leal'll: two (21 othcr
MA V Bfi UBEo pOP
PROVIDE PoR INBL
Affhc fee hi" in Itlmpl
or mitt' pOlt.g. 'nd
r m.rk, I"qul" Clf
t ,lalt.r for currlnt
fie,
Recllvld From:
5<lici\~ ~)\1G{.{' -l- 1\lCl6lo.nd
~\ '\ rf~+-:S},
Po. 1101/
Ont pllal 0 ordlnlrV mln .ddr....d to:
I C\.":>~ I fL,J ~
lli (' }Y"1 ( ID ~ \" 'II U -t1 2.G '2.-
\
;Cnn/O Pa 17().;;)5"
~t: ~_'_:: (!,,\
.t"-~ )),'
,~
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~
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f., " .. LII"\'l1t,j,lIl/l1JO,
Ie '.
PS Form 381/, Mar, 1989
oPO I 1993 0 - HI-o!l
Exhibit IIAII
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'--~~.. '~~l''RA'ZC!PJr'POJ{"ln{:rT 011' ''ftmtrrION . (MoNiY""'JuDaMINTsf-
P.R.C.P SICTION 101 TO SICTION 149 ITC.
CBRTlPlBD COPY:
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WESTWOOD VILLAGE COMMUNITY
ASSOCIATION, INC"
Plaintiff
: IN THE COURT OF' COMMON PI,EAS
CUMBERIJAND COUN'I'Y, PENNSYLVANIA
va,
WRIT NO, 'reno, 1998
No, 1998-2iS5Term, 1998
EVANGELOS DASKAl~KIS
Defendant
Amount due: $955,90
Interest from 06/17/98 at 6,0%
Atty's Com, N/~___
Costs ---IO B~ ADDED
To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE
ABOVE MATTER,
(I) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Evangelos Daskalakis, 115 Charlotte Way, #202, Enola,
Pennsylvania 17025, Defendant;
(3) and against _
(4) and index this writ
N/A
Garnishee(s) ;
(a) against Evangelos Daskalakis, 115 Charlotte Way, #202, Enola,
Pennsylvania 17025, Defendant and
(b) against
N/A
Garnishee (s) ,
and levy upon all of the personal property of the defendant (s) as
follows:
Any and all personal property located at
Defendant at 115 Charlotte Way, #202,
County, Penl1sylvimia,
the address of the
Enola, Cumberland
(5) Exemption has (not) been waived,
Dated: )'Jl'l Zl
, 1998
SAIDIS, SHUPF & HASLAND
By
Karr M, L tleLohm, squire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 761~1881
Attorney for Plaintiff
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{.II
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PE,NNSYLVANIA)
COUNTY OF CUMBERLAND)
NO, 98-2285 CIVIL 19
CIVIL ACTION, LAW
TO THE SHERIFF OF .._.~lJ~BE~_~AN.~___......_.. COUNTY
To sallsly lhe debt, Interest and costs due I'i~B!I\'?()~.'y'i1~:.ag" ~~ll1mu~i_ty_ AS8?ciation, Inc.
f"--'E~;~'g~i;'~~D~~-k ~i~k 'i.~'~-i-:l5'CI1'~r 1~.tt:-W;y~''-i202-;-E-;;-;1;''P^--'1-7 0 2 :'LAINTIFF(S)
rom -'-._.-.-...__..,__~,.,_" ...____.. ._.... ____'...._'''.___._ _0 ._'______.__._,.__.__.______
._._~-. -..~-----..-------.........~..~m......._._____.___._.. ._.~_.. ...__.___,.____......____.."._~______.~___..___~_.__._
-'-" -,..-.._,~.. "'" ,.--..,--- .-... .---...--.'...--,.-----, -------_______"DEFENOANT(S)
(1) You are directed to levy upon the property olthe delondant(s) and to sell", Any and a 11 personal
property located at above address.
~_....~---_....__.._-...~~--..._.._.~--
"'--'-~--".'-_.'--,- ".+. .__._--,~--.
-----.-....-.------.. ._..__.--_._--.-...._...-.-.-.._.,---~......_._----- - '.. ._-.----~....._-_._,----_.
...--..--.-------. -~-_......---_..~._-_.-._._~-..,-,----._.._-----.._----.,----'-------~-~--_.~-
(2) You are also dir(lcted to attach the property of the delendant(s) not levied upon In the possession 01 ____
-~--~---'---~'-~-_.._._-....._._-_.._~._--._,_._,._-~--. ...._---~---~-------._--
-._~-~-------_._-_.._---_._~~.,._--------_.._--_.~._.~---.--
--_..-----_....__...~_.._.__.._-_.__.__.__._.-.._-----...,...------".-.---.-. -.-.-----. --.---, ._~..
----~_.~--~._--_._.._......_--_._._-_..,._._.._---~_._--
GARNISHEE(S) as follows:
-------.._----~
----_.._'--_._-----------~---_._---
and to notffy the garnlshee(s) that: (a) an attachment has been issued: (b) the garnistlee(s) Is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any propeny of the dofendant(s) or olherwlse disposing
thereof:
(3) II property of the defendant(s) not levied upon an SUbject to attachment Is found In the possession of anyone other
than a named garnishee, you are directed to notlly him/herthat he/she has been added as a garnishee and Is enjoined as above
stated,
Amount DUe_..!?_~~:~____,__m__.~._.m L.L, ..___.._
from 6/17/98 @ 6%
$.50
Interest
Due prothy
Other Costs
$1. 00
--_._---..._~._~----.-
Atty's Comm
Ahy Paid
Plalntffl Paid
%
$108/92
-------,
--'---~--- --~--~-
Date:
JUly 23, 1998
CURTIS R. LONG
REQUESTING PARlY:
Name Karl M. Ledebohm, Esquire
Address: 2~ Market St.
Camp Hill PA 17011
Ahorneyfor: Plaintiff ___
Telephone: .__D~.) 761-1881..______
Supreme Court 10 No, __59012 _'_mn..._.,
bY:_":'~
Deputy
)
.
"
. 1',
DISTRIBUTION
No, 98-2285 Civil 7'orrn
No,
Attorney: Karl Ledebohrn
19__Writ
19_~
WestlroQd Village CClTmunHy ASSocicltion, Ino.
Evangelos Daskalakis
vs
Real Debt $955.90
Interest 13.28
Atly's Comm,
Writ Costs, Atty, 108.92
Writ Costs, PUff.
9'l)7A 1n
Sheriffs Costs:
Docketing $ le.oo
Poundage 19.12
Posting Bills
Acutioneer
Law Library .50
County 1.00
Service 9.92
Satisty Writ
Postpone Sale
Levy
Surcharge 6.00
Garnishee
Defendant Paid to Sheriff
Advance Costs
Total Collected:
$54. 54
DISTRIBUTION
Pd. to Atty.
Refund of Adv. Costs
Pd. to County
$1078.10
150.00
1.50
$1132.64
150.00
$1282.64
~~~~
R. THOMAS KL~eriff
bY9~~-1'<<
puty Sheriff