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Home My WebLink About98-02286 I fl ~I "'I (I ql! ~I I "" '> , .t-I '.. I ~ ! J '. ~ I l " \l t' - .... .... >- "i " " " \ \ \ . cl ~ "lH o 3 . ..,... ~ J ~ 3Q;. I' i: ... ~ .. - . - ~ .... i ~I I ~I I ri! I I ""'I ! . I 0... i ""I 1 I I . , ~, ~I , , Ili ~' of the Covenants and Restrictions is attached hereto as Exhibit "A" and Incorporated herein by reference, 4, The Defendant, as the owner of the Property, is a member of the Westwood Village Community Association, Inc" (the "Association") and is governed by the By-Laws of the ~ssociation (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 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 to 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 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 Defendant was 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, B. Assessments due for the months of ,Tanuary, February and March 1998 due on January 1, 1998, F'ebruary 1, 1998 and March 1, , ~. . 1998, respectively, in the amount of Fourteen and 00/100 Dollars ($14,00) each, 8, Defendant purchased the Property under and subject to the Covenants and Restrictions and the By-Laws and became personally Hable therefor, 9, Despite demands by the Plaintiff, the Defendant has failed ilnd refused to make payment to the Plaintiff of the installments for twelve (12) months of 1997 and for three (3) months of 1998, 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 DiI'ectors at 6% per annum from the date the assessments are due and the cost of collection inClUding, without limitation, reasonable attorneys fees, 11, The Defendant has damaged the Association by her failure to make payment of the assessments in accordance wi th 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), 13, Defendant is liable to the Plaintiff for the fOllowingl 12 months of 1997 3 months of 1998 Interest to 4/1/98 Legal Fees $168,00 42,00 8,40 737 , 50 $955,90 TOTAL DUE C3 j , , r, I I I I I \ I" I , , , , ~ ,j.." ..., , ,', " '." .." ......,".~ -_....,'.. "" 'w i,,,..... ...... ~ ~ .-...." <.; ", i, 'J, ,:" 'f" . . ," , , . ,', '1 'j' .', ,', . " .. " I' .' ..., .. ,~ '\ ,DCCLARA'UON QF COVENANTS AND RCSTRICTIONS WCSTWooD VILLAGE COMMUNITY ASSOCIATION, INC. , PHASE 1 ,," : .' " , ,'( f ': ': .:..:' '.. II '..' ".1 "'~' ;. "'. " '... '.' . , " TillS DECLARATION, made this i6 9,"'_ day of 1975, by H.L.W. CONSTRUCTION CORPORATION, a Har (hulIinafter referred' to a. the "Developer,"). " , '. !!. ! ! !!. ~ ! ! ! ! !!.r ,,'" , ", . , , WHEREAS, the Developer is the foe simple owner'of carta in , roal property located in East Pennsboro Township, Cumberland County, Pennsylvania and more particularly described in Exhibit ^ attached hereto and made a part hereof, which real property and any other real property which nlllY be deeded by the DeVeloper toNESTWOOD VILLAGE COMMlINUY ASSOCIATION, WC. together with the recreational and other community facilities, improvements and open spaces being developed thereon is hereinafter referred to as the "Community Facilitiu"/ and , , " ",. ,.. .. .' '.. trnEREAS, said Community Facilities are being deVeloped for the use and bensfit of a residential community:~onsi8ting of ap- proximately 926 dwellin<} units to be constructed in'f1\(cit, or ,more " phuu on five adjacent trpcts of red property/ a'1d,'::':;':"7 '..~ .. .' ": .,,' ',', ' WUr.Rl::AS, the Developer desires to provide .for the 'pra~ervation of values and amenities in said community and for the' maintenance and operation of the Community Facilities, and, to s,uch end, 'desire! " to subject the real property cons titutinq each of thephalles of residential development, as the construction of each such phase ( is completed, to the covenants, restrictions', easements, charge!', assessments and liens hereinafter set forth, eoch and all of whiCh are for the benefit of the communLty and eAch owner ,thereinl and WIlERCAS, in c'rder to so preserve the' ValU138 and, amenities in the co~~unity, the Doveloper has deemed it dcsirable to create an entity to which the Community Facilities Should be deodad and to which should be delo<}ated and assigned the powers and duties of maintaining, operating and administering the Community Facili- tiel and administering and enforcin<} the covenants sod restrictions and collecting and disbur.sJ.ng the assessment. And charge! herein- after cruted/ and " ,,'" ,. tIllEREAS, the Developer has incorpora ted under the laws 'of the Commonwe~lth of Pennlyrvania, as a non-profit memborship , corporation, WESTWOOD VILLAGE: COMMUNIT)I' ASSOCIATION, INC,. .." th_, ",": E~HIarT, "A'ij ',:::'.': ';':: :':':'!',:.i~;:':;;~:":',"{:X:',';;':;:: : ,~, ..', ,: '.' '.. : ~ '" t l~ I ':', , ' . '.'. ,:... . '" . :;' '.. .\, ".,,;.. :. I ,.', ", '>: '-'j' '., " '., .' '. ,'f ',;' , " .', · ,DOOK, 213 tAtE aCH " .. " "..._.....R_"..._,...._......,. ,'" '. . ",I' " ':""1 , ...,., .::.. f,. :,'., ._~:'...."., ........,f, ......'--- "'''1' , ." ,',', ., " , , ," , , .' ',~. " " , " , ':' . '.'. " " ,[ '. ' ", ',[! , '. '. ,', .::' , .. , . ,- " '~', ",' . ,~ " : ',: " :: ',: l .; i, I . '~ ' , " " " : ,".' " .) . I I t: i \' I " ;~ '~ t " " ' ,i' : 'j . .... , ", " , i: I , ' I r I' , 'I' ,. 'i.' , ,I /, i: I,; i /: I" .' ,', "I" ,,', \. " ,I , , I.. , I, , " " j' , '. , " " , " " , .. , "I j 1 '/ " I : I " , " i .. " ! : i . I I '" " 'I ", .,' , .", ....~ .. 0',. ...,..". , , , "..' '. " "t- , "",' ",I.'... 2'.. ,.. "'j' 'I "', I "" I " '.1,'. . ,,', '~ "';,, ,: .J,H I .' I" " \,-. l'l,t I.. Nile:. ': ;., "",)",, ,. I.','" entity to which the Community Facilities will be deeded fo~ ,the' purpose of exoroisingthe Aloresdd funotiCln" 'And WHEREAS, Phase I i~ being oo~temporaneously submitted to the provisions of the Unit Property J\ct of P!!nnsylvania PUrluant to a recorded Deolaration Creating ~nd Establishing Westwood VillAge Condominium, which document Also provJ,des that sllid condominium project can be expAnded to ,224 dwelling units by including th'e Succeodinq three phllSl!ls of. oonstruction which togethor wHh Ph,8Ie I will encomplIss four of the five tracts of real propertr canstitut_ .Lng tho ruid!lntid community to b. 'It"ved by,t,,,. COI1)ll\WI.,ty FaoU.!.,:, . tical and , .. WII'EREAS, the tifth tract 1:0 be inoluded in theresidenthl ' community is currently zoned for the construction at approximately 702 dwelling units which will not: be included in tile Aforesaid' Westwood VillAge Condomin:Lwn project. ' NOW, TIlr.REFORE. the DeVeloper declares thAt the red p~operty constJ tlJting Phase I, And ,Such additions thereto as mAy heroAfter ' be made pursuant to Article II horeOf, is and shall be 'held,', ' transferred, sold, conveyed and OCCUpied subject tO,the covenants, restrictions. easementlll Asse,ssments ,cha~qes and liens, (somet:Lmes referred' to All the .Covenan~s. ,And Restri,ct,ion~,~1 he.rEl~na~te,r set to,r,~, " , " ,1, , , ' , .' , , 'I 'AI\T,ICLE I . ", . ",'. ,I, ..." '!' < .,4 ,'. ~' ',',,' , , " ~ , . 'DEFINITIONS - , .", ;...,..,'..,." ; .,' . . ' Section 1. Detini tions. The fallowing Words when' used in chis OGclaration or any SUPPlemontal,Declaration' (unless the'con- text 8hall prohibi t) 'shall have the fOllOWing m&llningll ' " (a) "ASSOCiation" shall mUn and refer to W~STI~OOD Vl:LIlAGE ' COHHUNITY ASSOCIATION, %NC,,', ;":",,::: ", ,} " ,(b) "The Properties" ShAll melln snd, reter to all lIuc:h existing roal property, and any additions thereto, 'as llre subject to this, 'DeclarAtJ.on ox: any Supplemental. Declaration under the prqvisiona ot ' . . ArtJ.cle, U ,hereof".. ','. "\',::' .' "', , , , ~, ,'" '(e) "Dwelling Unit" shall mean IInd refer to any portionot A bUilding situated upon The Properties designated and intende~ for use and occupancy as a residence by a single family, and may includ, unita so design4ted under the Unit Property Act of Pennsylvania, , s:Lnglo family homes or multifamily build:Lngs. ' , , , " , (d) "Owner" shall inean and refer to' the record owner, whethe'r.. ono or more persons or ent:itiell, of the tee simple tJ.tle to ,any , ;, .Lndividulll Dwelling Unit or llny bUilding containinll more tl1an one \'. Dwelling Unit under single OWllersh.lp sitl,lated upon ';l!e .pr~pertiu" .., ' ., ...'. , ",. ..,. , , ;,: "',, ~ ",.- '1 'r. ~' .,.. ',;. , : J ,',,'.' .".. .. I< "." ',' ". ..,.... ..". '. ,1.....1/ "J "1 'i, 'j. ,~l. I.,:" ""... I . " . I ,j'. I " '~ . . I , , , ", .-.. ,~ ;'" ",.", ,.' I BOOK 2.13 ~^CE ':w~r~:::"::"~'.OI",~I:',o:, ' :' ',', t' I" .. . , ' .' ,!., , .. ., :' ~", , '.- '" '.: ~-~.. .-.......-..-.... ,... '.""'. ,'.. ..j.......... ,'4 ;'~.,,'~" il'.:, :',:"',~ ,;''''',':0''': '~':;. 11'.''','1.,'.'' t,' I~:..' "'; ,', ,~- , '/ .:.' ',I, ',' '.' , " ."~'h' . " ..,.,.... .'," -"'It ...." . . ,. , , ,;" ',...--'....".-.............'., ,..., " , ." '.." ., , , , . , ,I i j I I .,'1 , .;: '., " , " , ":":', '. ,'1. , , . '';..''] .,-., .', ,.<0.,.."..,..." ,.,'..". ','" """""'" '.........,_.._..... but, notw1l:.hstlnding allY applicable theory Of the mortgage, 'hall' ", '! no~ mean or refer to any person or entity which hOlds such interest merely as 8ecuriby, for the performance of an Obligation, including a mortgagee, unless and until such person or entity has acquired " tee simple title purSUant to foreclosure or any prooeeding in lieu of foreclo.ure. ".' , ", ,'.. . " , .', "'. ' , , ..I, ; ~ . ~ (e) "Member" shdl mean luid refer to aU tholll OWners who are .Member. of the Aasochtiol1 as PljoV~ded in Article IU,hereof.' ";'" " " , : ",,, , u .' ,,'., ,,','" .' ~RTICl:.E II PROI'EnTY SUBJECT TO THIS DECLARATION I ADDTTIONS TIIEnETO .' ..,' , " " , I" . Section'l. Existinq Propert~. The real property which is, And 8~be, held, transferred, sold, cOnveyed and OCcupied sub.' 'ject to this Declaration is located in East Pennsboro TownShip, Cumberland County, Pennsylvania, iS'herein referred to as .Pha.e;:,.. I" and is more partiCUlarly de8cr~bed in Exhibit 8 hereto. " :', , " .. ' .. Section 2, Addition~ to EXisting Property Ilnd Communit'( , Facilities. AdditionAIreal prop8I:ty may become OUbject to thh Declaration in the fOllOWing manner I .' '. , . "" " , , ~" (a) ^t any time within a period of seven years from thc date' t.hat this Declaration is recorded, the..Developer, its Successon,' " and assigns, Shall have the right, without Obtaining the'consent 'of the Members, to bring within the scheme of this UeClaration ' additional real property in futuro phases of the construction of the residential community referred to above, prOVided, however, 'that such real property shall be from lUllong the four tracts of ' " " real property which are more partiCUlarly described in Exhibits C-l through C-4 which are attached hereto and mllda a parI: hOl'Qof I and, provided further, that any such additional real property to. gother with Phase I shall, not include or have constructed thereon" in excess of 926 Dlfelling Uni ts. Such addi tional real property " may, but need not be; part of th~ Westwood Village Con~ominium project referr:ed to above. ,..,'" . , ',', .'.. '(b) At My' time wi thin a pe:iod of seven years from the da te that this Declaration is recorded, the Developer, its successors and assigns, shall have the right after obtaining the consent Of the Board of Directors Of the Asso:iation, but without obtaining " the Consel)t of tho Hembers, to bring wi thin the Scheme 'of' this ' '.. Doclaration additional real property to be Used as Community Faci. Htiul provided, however, that the additional real property is ' from the real property described in Exhibit C-4 and is de oded to ' the ASSociation (at no cost to the Association) with all improve. ' ments cQmplehd thereon and is frell and clear of all indebtedness. ' (c) The additions authorized under this Article II shall be " made by filing of record in ~he land records of CUmberland County, Ponnsylvania, one or note Supplemental DeClarations of Covena~ts 'and Restrictions with respect to the additional roal property which shall extend the ftCheme of the Covenants and Restrictions of this Declaration to such additional real property. .. c '" . " " "l"'I' I .. , , ' " ' , , f (d) Any such SUpplemental DeClaration may contain such complementary additions and modifications of the Covenants and' Restrictions contained in this DeClaration as may be necessarJ to roflect the different Character, if any, of the added real property and aD Ire not J.nconshtent with the eCh,me of thh , " " ' .',' ',f..,'" 'j', ,,' ',,',' ,.' . r' ,. , ! .. , " " ......'...,...."....,.. .....--.-..", .....~':" "".'l' "'.,, ',,'. ',... ",. . ,:j ""'" I Ii.."", " .':'.. ,,1,,:":",'.,. ,:;. '0.. .".. ... ~ioI""'.." I..u "'I ,t. \.." ' ,. .' "" '''',''':'';,:,. ,'..:"-:~,>-' ""~', ."::"\'4' ' .. ~ ' '~"" " .;. .', .... . .. " ' " I j, I,' I V I I I I, ': I I' I" I . .I i ! ' I , I I I, 'I I , :' , ' , , r..-"'........... " I,. ".. .. ~.. , , , ........,.. ..,.....'" - .. Declaration. In no event, however, shall such SUpplemen~al Deolaration revo~e, modify or. add to the covenants established by this Deolaration I~itl:in !'hase I or within any other real proporty the,retofore added pursuant to a previous Supplemental Dooleration eKcopt by virtue of the Developer's dBedin9 additional real property to the, AsSooiation for use aa Community Faoilities. ARTICLE III MEMBERS",t!' lIND VOTING RIGIITS I~ TilE ASSOCIATION ~ection~ Total Membership. The authorized number ot memberuhips of the Association shall be 1,052. of which no more' thsn926 shall be issued and outstanding at Anyone, Ume. The membershi'ps shall be of tl~o classes A al]d B; ~ction 2, Class A Membership. Every Ownei: subject by Covenant of recorCfl:o assessment by the Association shall be a Class A, ~ftm~ ber of the Association. Each Class A ~Iember shall bet entitled to one vote for eech Dwelling Unit Which such Homber individually alms of record or which is contained in a bUilding l~hicl1 such Momber: olmo of record; provided, however, that there I~ill be no more thAn 926 Class A memberships, all having one vote each, . Section J. Class n Membershi~s, There shall be 925 'Clas~ B', membGrships, all of "hich shell be issuod to the Developer, or to, its nominoo or nomineos. Each Class n ~Iember shall ba entitled to throe votes for, each Class D membership so held. As each ClaRs A membership comes into existence and is issued, one Class D mem- berShip shall Inpse and become a nUllity. All Class B memberships shall lapse and become a,nullity on the first to happen of the', ,: 'following events.' , ' , la) I~he'n the total issued and outstanding Class A membership'i. equal 925; or Ib) On October 31, 1991, or Ie) Upon the written surrender of said Class B memberships by the then holders thereOf for cancellation. ARTICLE IV fROPERTY nIGIITS IN THE COM/oIUNITY PACILIm! Section 1, Members' Easements of Enjoyment. SUbject to the prOvisions of Section J of this Article "every ~Iember shall have a nonexclusive right and easement of enjoyment and use in and to the Community FACilities llnd such easement shall be appurtenant to.' and shall pau with the title to each D\~elling Unit \~hi(1h SUch ~IQmbor individually owns of record or which is contained in a b~ildinq whLch such ~Iljlmber owns of record. oo~x 213 I,\CE :l!i 7 " , . ,.~ ': .......,'...- . " , .-..-"1,.."....... , ~ .', ' , ," , , , ),t" " , , , ~.' , " I " ,'. . , .. .. , , , , ,. , ~': 'I,~ ;' ;, , ' ~ . ~o' , '., ", ~~ , " " """ , . " " .. ','... ,... , ,I.. -.., ,~..:.... "'.',:."" ," r' ..:..,:". ..'.' " " ,,' .' , , " .. ,. " ',,', , , , I I I '. ,,' ," ""! 5 .. , , , " " , " ~Q(Jtion 2, Delegation of Ri2ht~En 0 ment. ~ny Hemher,may' dOlegato his right 01 enJoyment of tlia Comnllln ty Facilities to (al mombers of his family, (b) his guests, and (c) his tenants who ' roside "'!.thin a Il'...elling Unit and their families and guests, all sUbjact, however, to the prOVisions of this DeClaration and the Articles of Incorporation and BY-Laws of the Association. ' Section J. Extont of ~Jembers' Easements, The tight and esse- mont O1'enjoYment and Use created hereby shan be Subject to the fOllOWing/ , ,', , , , , (bl The right of the Association to mako and enforce rUles and regulations pertaining to the Use ~nd enjoyment Of the Community Facilities provided Such rUles and regulations are Consistent with the purpOses of this Declarationl and ' (cl The right of the ASSOciation to levy roasonabh IIdmiuion Charges and other fees for the Use by Members and their guests of ' any ,recreational fll.Cility aituat"d within' the ClDmmUnity Facilitieol and , la) Such easements, agreements and interests as may bo appli_ cable to the Community FaCilities Set forth in Exhibit A at l:he time .. ""'U... .. 'hlo '00'"",.. '0 .. "Y b. '''U.".. t. 'dd'U.oo. ",/," ',' '{"_' ....'.itY F..iiit'.. .. ., tb. ".. 'b'F '0' d'.d., .. tb. ."'.i.ti.., . and , . /, i ! / : : " (dl The right of the Assooiation to limit the nUmber of 9u'ests of Members or their tenantsl and " : " 'I'" , , ",'/ ", ',', , j , ,., '. '. '"", " .' "" :' :' :,. '.' (el The right of the Association to SUspend the voting rights lInd the rights to the Use of the Community Facilities (except for .tights to the Use of streets, roadwaYG and pllr):ing areas, Which shall not be Subject to suspension for any reasonl for any poriod during Which any assessment romains unpaid and, for any periOd not to excoed thirty days, for any infraction of an~' of the, PUblished' rulos and regulations of the AsSociation I and ' , , , I, (fl The right of the Association to grant rightS-Of-way and/or easements for any public utility purpose to any government III IIgency, public utility or to the Developer for the purpose of the installa_ tion and/or mllint~nance of SUch utilities as ,may b, necessary to servo any of the Community Facilities or to serVe any Portion of The Properties I providecl, however, that no such easement and/or rightS-Of-way shall be permanently inconsistent with the enjoyment of the Community Facilities by the ~fembers ot the A8IlOciation. Any rights of the ASSOciation reserved hereby may' be exercised by the Board of Directors of the ASSOciation except to the extent 1 to Which SUch rights are directed to be e~ercised by ,the Member.. Section 4. retain t e hibit A until '}' , , ':, , Pacilities. The Developer may Commun ty 'act ties set forth in E~~ has Completed the recreational faci-, BO~K 2 L 3 Mer :WS ' , "i' ".., ... ~ " " '. ~. ", , "', " ';, "',' , '/ ,'I'.." ~' I .' " . ..,... .' r" I I I I, I' , I " ,[ I, , ,'[' ", . ,-- ~ .." ,l,,_.~ .,. ". ~ 6 - " Ii ties thereon and untii such time as the ^sso~ietion has 87 Cless A memberships which are helu by He/llbers other then the DevelopeI:', , , but, notld ths tending any provJ.s ion he rein, the Deve lOPllr hereby' COVonants, for itself, its successors and assigns, that it shall COllvey t.he CORununity FacilLties set forth in Exhibit ^ to the Association not lat~r than October 31, 1991. Until the transfer of title to such Community Facilities to' the A9S0cilltion, the, Developer ahall perform all of the Obligations, COvenants, and ' agreements (inCludJ.ng those belonging to the AssQcLotion fOllowing Conveyance ef title), and sholl abide by the rostrictions cont~ined heroin w,lth respect to Such Community F.1cilLties, excopt' for slJch " construction and markoting activities as are consistent with 'deve- .1opmont. AI1TICLE-Y: COVENANTS FOR AS,qESSMENTS Section 1. covenant' for Assessments and Creation of Lien and 'Porsonlll 5I)U, atioli7" The Developet' for each Dwelling Unit own8ir1iy , . nor to be Cl"Oato by it within 1'he pl"operties hor<;!by cOVenants end each Owner of any individual DliellLng Unit or en:( bUilding con~ taining more than one Dwelling Unit by acceptance of a deed therefor whether or not it shall be Soexpressod in any Such deed or other , conveyance, is doemed to COvenant and agree to pay to the ASSociation I I a) /lnnulIl assessments or chariles AS provided herein, andlb) special", assessments to be fixed, estnblished and Collected fro/ll time to, time, as hereinafter provided. The annual assessments and special assess_ ments, together with interest thereon and costs of collection shall be a charge on the Dlielling Unit or the bUilding containing mUltiple ,Dwelling Units Which an Owner Olins of record and shall be a continUing lion upon the Dwelling Units I~hichan Owner Owns of record And IIg11inst , ,which sllch assessment is mndo from the time SUch assessment is mllde un til'Pdid in full I provided, hOl~ever, that, where any portion of The Properties hall been submitted to the Unit Property Act, no part of the Common Elements of Such portion 0," The Properties shall b<! subject to assessment by the AS!lOciation. Each. assessment, together with interest thereon and costs of COllection, shall also be the Joint IInd several perSonal obligation of the person, group of per~ . sons or entity \~ho was the Owner of the assessed property at the time' when the assessment became due. ASsessments by the ASSOCiation, prior to Such \:lme liS the Developer hilS transfe,~red title to the Community , 1"<1Cilities set forth in Exhib.Lt A to the A!l!lociation, shc1,l1 be paid to the Doveloper to the extent required to fulfill the purposes set, forth in Section 2 below, but shall not exceed the annual sum of $100.00 for each 'Dwelling Unit, and none of the fund!: derived from such assessments /lillY' be devoted to 13xpenditures for capital imp,rove_ '" ments I~hich are the sole responsibility of the Developer. ' .' :, ,i ',~' , ):; <"/I:; .:,tl~':': ',' ,," " .. ,', , " , , , ,: ~~}:;'::. " " ooox :ua ',ICE :lliL/ :: t, '" " " ,.1 ,), ,. '. .,.1 ..~ ."._."._____ ~."..... ",' ,:.,:" .. ", l ,'. , , , , '.. ~.' \' ", , ....,' "' """ "t .,' ._", . .,. " ,,, ..'..'....-'.'.""''''..,.,.-....'''..'''...'..,,,,lo-... " .. " , ,-.7 - ",' :, ',' Soot ion 2. Pur(lose of Assessment. The llssessmonts levied by the Association shall be uSid-yQr the purpose of promoting the reareation, scenic enjoyment, health, welfare and safety of the ~len\bet's and in particulllr for the maintenance of the Community Facilities, including, but not limited to, tho payment ofl (a) All operating expenses at the Community Fpcilities, ,including serviceD furnished; llnd ' ,," . . I,.t (b) ~'he cost of necessary managoment and administration, including fellS paid to any ~lanagement Agent I and (c) Taxes and assessments levied against the Association or upon any property which it may own or which the Association ~s otherwise required to paYI and (d) The cost of fire and extended coverage insurance, com-' prehensive liability insurance, fidelity insurance and the eost of such other inaurance as the Association may procurel and (e) The cost of funding an adequate reserve fund for replace- ment of the improvements included in ,~e Community' Facilities; a~d (f) The cost of repairs, maintenance and X'eplucoments of the': Community FacHi ties. , , ' :,,' " Section J. Annual Assessment. It shall be the duty of the Board of Directors of the Association to determine the amount of tho ilnnual assessment for each Dwolling Unit (inClUding DwelUng Units in a building under single ownership) for each assessment year. The ilnnual assessment shall be the same for each Dwelling Unit in an assessment year; provided, however, as The Proporties are expilnded to include more Dwelling Units or as ildditional Commu- nity Filcilities are obtained within any given assessmcnt yenr, an, ilppropriate and uniform adjustment of the remaining installmc~ts of such assessment shall be made in accordance with tho afores~id standard of treating each ~~elling Unit alike for each full catendar month during which it was part of The Properties regardless of its size or location. Tho annual assessmont for any Dwelling Unit for any assessment year (after the first annual assessment as provided in Section 5 of this Article) shall hecome due and payable and a lien against the D>lel1inq Unit or building containing multiple ~~elling Units on the first day of the first month of each calendar year upon which it became part of The Properties. The Doard of ' Diroctors of the Association shall give written notice of the annual assessment to each Owner at least thirty days'prier to the fir~t day of each assessment year and shall give further written notico of changej in assessments resulting from expansion of The Properties or Community Facilities as soon as practicable aftor the facts of such expansion are known. Assessments must be made' on the bacis of equal monthly installments within any assessment BOOK 213 lACE :l,/(J "~..._.,-. ,.. ,..'.',...--.-- ..,., ,- .., ,.~ ... , '" .,..,- ""., "', .'" ~..::.,:.::::-;-~... ',' ,... , , ,':,. . " ., ,., ,.--, , ", , , , I I ,I , I I',' " , i .1, I" I ,',I ,I I " ,[ L" , , '. ", ',; '.... -' ~ " '. ~.' ..,., . ' .. 'j..,"'''' ,:j,.' ...,":' ~;':'~- '\;" , ".".. I I , i I I I I I , I , i , I I " I I " " I " , 'lI';' .. '" '. " 8 - period e~cept as affeoted by changes resUlting from eXPansion Of, 1'he Properths or the COIM1Unity Facilities I sdd installments shall bo Payable in advance pn the first day of each calendar'month., SOction 4. Special Agse~smen~s. In addition to the annual assesSiileiii: authorizeiJ by this Artic[e, the Association may from time ,to time hvy ft spedal assessment for the purpose of defray_ inQ in WhOle or in part the cost of any reconstruction or uneXOected 'ropair of an improvement located uPOn the Community FaCilities, inclUding the necessary fixtures and personal property related theretol prOVided, however, that any special assessment Shall only be levied by a resolution approved by a majority vote of Oach Clitss 'of ~fembers (based upon the entir.e outstanding member~ Ships of each Class) at a meeting dUly oalled for SUch purpose at which a quorum is present:, written notice of \~hich shall' have. disclosed tho purpOse' of the meeting and shall have been sent: to nil of the Nembers at least thirty days in advance of SUch meeting. Tho due date for the payment of any speoial assessment: shall be fixed in the reSolution authorl~ing suoh assessment. ^nY'special nssessment levied by the Asnooiation pursuant to this Section.4 Shall be the same per DI~el1ing Unit (inClUding Dwellin9 Units "in II bUilding under single ownership). ' Sootion 5. Commencement 0,. Annual Assessment. The AnnUIII assui010nt period shall oonunencll on the first dayoL' the ,month fOllo'''ing the L'irst Conveyance by the Developer to the Ol"ner of My DI"elling Unit in Phase I. The first annual assessment Shall be made for the balanoe of the assessmont year and shall become due and payable and a lion on the Dwelling Units liS of the date of Conveyance of the first D,,,el1ing Unit as aforesaid. Soct,lon 6, Reserve for Replaoements. The ASsociation must estabi1iiil and maintain an aClocjli.He reserve fund for replacements by the allocation and payment (from each month's installments of the annual assessment) to SUch reserve fund of an amount t:o be designated from time to time by the Aoat'd of Directors Jf. the ^SsOciiltion. Such fUnd shall be conClusively deemed to be a COlnmon fUnd of the ^SSociation llnd shall be credited upcn ~he bOOks of the ASSOCiation to tho "paid-in-SUrplus" account as II capital Contl.'ibution by the Nembers. SUCh fund shall be doPos~tetl "in a special aCCOunt with a landing inatitution the aCCounts of Which IIro iflaurod by an agoncy of the tJnitoct States of Amorica or hilly, in tho discration of said Board of Directors, be invested in Obligations Which are fUlly 9ullrllnteed as to prinCipal by the United Sta~os of Amerioa. The r.eaerve may be expandeu only for replacements of tho Conununity FaCilities. The 'proPortionate in- terost of any Nontber in SUch reserve shall be considered an. ap_ purtenance of his Dwelling Unit !inclUding DI~ell.Ln9 Units in~ eluded in a bUilding Under single OWnership) and shall not ,be ' separately Withdrilwn, assigned or transferred or otherWise sep~ Ilrllted from the property to which it appertains and shall be " doomed to be transferred with'suCh, Dwelling Unit or,Units. , , DODX, 213 hlCE :~'ll' -. to " , .. .'.-..r " , - .. ". . ;.. , '. , ','~',' ." ....., . " I, " " , , , ' I "... '.', '" .', , , ... ''''.-.. '" ..g .. " Section 7. 'Assessment Certificates. The Board of Direct,orl of the Alsccistion Ihall prepare and maIntain a rostor of the ' I)olllllling Units (including Dwelling Units wHhin 0 buildin<J undel; single olinership) and the annual ond special assessmonts ond chor<Je8 currently applicsble thereto IInd shall mllke such ,roster available for inspection of Members Upon request. Tho Association 'Shllll, upon demllnd, at any reasonable ttme,furnish tl) any, Owner liable for any assessment Or to any firllt mortgagee of a Dwelling Unit or bUilding containing Dwelling Units a certificate in writing signed by an officer or ather authorized agent of tho Association, stating whether such IIssessmunt or charge is Paid or unpaid. SUch certificate shall be conclusi.ve evid..nce of ,the payment of oily assessment or cher<Je therein stated to have beon paid. A rea.onab~e 'Chllrge may be levied in adVance by the AssOciation for each cer- tificate so delivered. , '.. I ARTICLE VI NON-PAY/lENT Of' ASSESSMENTS I RE/IEDIESl SUDORiHNATION OF LIEN Section 1. Non-Pa:i!i)ent of .'\ssessmel1ts. Any assessment or installment thereof levied pursuant to these covenants which 19 not po.l.d on the date when due shall be delinquent and shall, to- gether with interest thereon and costs of COll,'ction as hereinaftur prOVided, become a continuing lien upon the Dwelling Units a<]ainst ' Which such assessment is levied purSUant to Secti"onl of Article V hsreof. All IIssessments shall bind such DI~olling Uni t or buildin9 in the hands of an Owner, his heirs, devisees, porsonal represen- tatives, SUccessors and assigns. The obligation ef such Owner to pay such assessment, however, shall also remllin Such Owner's per- sonal jOint and several obligation for the stlltutory period. Section 2. Remedies. If any assessment or installment thereof' is not paid within thirty days after the due date thoreof established by the Board of Directors of the Association, the delinquent omOUn~ ' shllll bear interest from the due date thereof until paid at a l,awful rote established by resolution ot the Board of Directors of tho As- sociation lit the beginning of elleh ~ssess~ent year. The ASsociation may I~ing an action at law against the Owner personally obligated to pay the same Or may foreclose the lien agoinst the Dwelling Unit or bUilding eontainingmultiple Dwelling Units in the manner pro- vided by law, In either event, the ASSOCiation shall recover from such Cwner or out of the proceeds of foreclosure acc['ued interest and costs of COllection, ini::luding but not limited to, rellsonable attorneys' fees, No Owner mby waive or otherwise escape liability for the assessments provided in this DeClaration by non-Usa of the Community Facilities or by, abandonment or non-use of his DweUin9 Unit or Units. , Section J. SUbordination of Lien. The lien of the assessments provided for-rn this Declaration snarr be subordinate to 10) tho lion of any real 'estate taxes or general or special assessments by the ' local taxing autho~ities imposed on the Dwelling Units or building containing multiple Dwelling Units, (b) the lien of any first' mortgllge now or hereaftor placed Upon any Dwelling Unit or building containing IitUHiph Dwelling Units subject to assessment, and Ie) liens created pursuant to IIny Declaration Creatin'J and EShblishlng, a Condomin~um pursuant to the Unit Property Act by reason of unpaid 80JK r:?13 1'oI',~ 372 I , -r- , . , ' , ". " , " , '.. , . , , , , .','.,. /,' :: 'L.' , , , , , I '" I I i '., ' , '" I I, : I " I I ! I I 'I ,! /, ,I , , , t, " , , " " '.,' ~ ',: ,: '~l,'~ ','/ "t", , 1,1 " . ~ . ',' " . \, I ~ . ' '! I " ' t ,., '!' ..." "" " "I - 10 - . "I' I 1'88Gl8ment to the Co,uneil of lIuch Condominium having :lud.diction over' any Dwellinq Unit or Units. In a~dition, a tint mortllaqeQ of ~ny.. DwalUn!l Unit or bUilding Clonta'inJ,ng mult:iple Dwell~M', Unit. ,who comes into possession ot a Dwelling Unit or bui~din'q , ' " contllining multiple D\~elling Units pursuant to the remedie,s pro- vidod in the mortll"9Q, foreclosure of tho Inortgaqe, or dued ,~n . lieu of foreclosuro, shall take the DwelUng Unit or bUildlrig , troe at any claims tor unpaid charges or assessments of the A80ooiation at the time, but not after t.he time, such mortgQgee comels into possession of the DI~ellillg Unit or bUilding (except for claims for A pro rata share of such charges or assessments rqaUltin'1 .from II pro rata reallooation of such chargos or asseu~ m~nts to all Dwelling Units including t'he mortgllged premises) . ' 1IRTICLE VI! M!\NMm~IENT AGENT '~ction ~. Mann The Association mllY employ ,a, , '. ,professIonal Inan"gement agent the "Hanagament Agent") or other .",' ,:"", profossionals. at II rAte of compensation to be ostablished by the' ':. '" 'lloard of Direotors of the Aosociation, to perform such duties and 'sorvioes as the Board of Directors shall authorize.' l '. , , ARTICLE V.!!! INSU"^NCEI CONDEMNATION Section 1. Insurance for Benefit of Association. Unles. at least throe-fourths (J74ths) of the mortgagees hOlding first mort- gagos on renl ~roperty encompassing throe-fourth~ (J/4ths) of tho Dwelling Units give their prior \~dtten IIpprovd to a dJ.tferent typo or alllount of insurance coverage, the Association shall obtain and maintllin tho fOllOWing insurllnce coverage I ' (II) Insurnnce coverage on, all insurable COlMlun!ty FllcUitiQS affording protection against loss or damage by tire and other hllzllrdo covered by the standard extondod cov~rage enforsement. SUch cover,1CJe sh/llt b(l in /In amount equ"l to the full replacement value of such inuurable Convnunity Faoilitios as dot.ormined annually by the Doard of Directors Idth tho auaistance of the insurance company furnishin<J such coverage. Insurant'o proceeds fat casualty lOSlies to the Community Fac!li ties, by the terms of ~h9 in~urllnco policy or pOlicios, shall be paic.l to the Associllt,ion and shall be appliod by its BOilrd of Directors to the ropait', roplacoment oX' , ' reconstruction of such Community Facilities. .' (b) Fidolity insuranoe coverage ll<Jainst dishonest aots on the part ot directors, Officers, employees or agent, of the Associat~on or ~'anll~'J1nent Agent or Volunteers 'or trustees who 'are responlible 800~ 213 1.lcr :~'13 " -.--.-..,..,. -.-.--...-...'1'.. '".,'.".. , : , , I " " , , " " " , I, ! ", ';" , " , .' ,{' ,,' '... ,." /' BY-LAWS , -' OF - WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC. ARTICLE I NAME AND LOCATION, Section 1. N~me and Loc~tion. The name of this corporation is ~IESTI"OOD VILLAGI:: COMMUNL1"{ ASSOCIATION, WC. (hereinaftor referr.ed to as the ';Assoc.intion"). Its initial principal office is located at 5082 Lnac Lane;--'lIarrisburg, Pennsylvania or at such other place as the Uoard of Directors may from time to time d3sig- nate. '("'SO,WQ,tUJ"'~dOr,~"" ARTICLE II DEFINITION~ Section 1. Defin! tions, Tho .following words when usod in these By-Laws sh~l.1 have the followin,:! meanings: (a) "Devo1oper" shall m!!<In and refer to M.L.W. Constructi,," Corporation, a Maryland co~poration, (b) "Doc1arCltion" shall mean and refer to thnt clZlrt~in Declaration of Covenants and Restrictions, Westwood Village Com- munity Association, Inc., Phase ~, dated January 29 , 1975, by M. L. W, COllI; tructi~n COl'poration, and recorded in tho 1andrec:orc1s of Cumberland County, Pennsylvania, together with any amendments thereto or any Supplemental Declarations adopted pursu~nt thereto. (c) "Community Facilities" shall mean and refer to the real property doscribed in E,:hibit A to the Declaration and any other real property which may be deeded by the DElve.lope~ to the ASSOCiation together with the improvoments erected and to be lZlrocted thoreon and any related fixtur~s or perSonal property. (d) "The Properties" shall mean and refer to all real pro- perty which becomes subj~ct to the Declaration other than the Community FacllJ. tios. (e) "DweIU.ng Unit" shall mean and refer to any portion of a building situated Upon Th~ Properties and dnsignatccl nnd intended for Use and OCCupancy as a resid9ncQ by a single family, and may include units so designated under the Unit Property Act of Ponn- sylvania, sin910 family homes or units in a lTIUltifamily OllllulllY. '- ' Exhibit "13" , 0, ... -' -- ~ - 2 - .) (f) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any individual Owelling Unit or to any building containing more than one Dwelling Unit under single ownership, and situated upon The Properties, but, notwithstanding any applicable theory of the mort~ gage, shall not mean or r.efer 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 foreclouura or any pro- ceeding in lieu of foreclosure. (g) "Member" shall mean and ref.!' to all thone OWl1llrB who are Members of the Association as provided in Article III hereof. AR'rICLE II I " MEMBERSHIP I VOT!.NG ,RIGH1'S , ^9GES_~MEN'l11. Section 1. 10tai Membershi~. The dulh~riz"d number of mem- berships of the A~sociation shall be 1,852, of whioh no more than 926 shall be issued and outstanding at anyone timll. The mcmbGr- ships shall be of two clCls!Jes A and n. / Section 2. Class A Membership. Every Owner who, by reason of the Declaration, is subjoct by covenants of record to Qssessmont by the Association shall be a Class ^ Member of tho ^IlDociation. Each Class 1\ ~lembeI' shall be entitlod to one vote for each Dwel:ing Unit which such Mf!mber individually owns of tQlcord or which is con- tained in a building which such Member owns of record, provided, however, that there will be no more than 926 Class A mcmbershlpn, all having one vote each. Scction 3. Class B MemberShips. There shall be 926 Class B memberships, all of which shall be issuod to the Oeveloper, or to its nominee or nominees. Each Class 8 Member shall be entitled to three votes for e~ch Class B membership DO held. A~ each Class A membership comes into existence and is issued, on~ ClaDS B mem- bership shall lnpno and becomn a nullity. All Clnus >> memborships shall lapse and become a nullity on the first to happon of the fol- lowing evr.ntSI (n) WhPon l:h.:l total i!lsu'!ld and outstanding Claua A memberships equal 926: or (b) On October 31, 19B1I or (c) Upon the written surrender of said Class n memberships by the then holders thmreof for cancellation. Section 4. Membership Ass8uments. Tho r iqhl:s of membership are subject to the paymont of anllu4L"'"'iii'd eplloial el90ssments lovied by the Association, the obllyation of which ass.~~mentn is impoled , , ,3 ", ,) ,against each Owner of and becomes a lien Upon the property against which such assessments are made as provided by Article V of the Declaration to which The Properties are subject, which is recorded in the land records of Cumberland County, Pennsylvania and which provides as follows: , (a) Covenant for aonal Obliqat on. T e it or to he created by it within The Properties hereby coven~nts and each Owner of any individual Dwelling Unit or any building containing more than one Dwelling Unit by acceptance of a deed therefor, whether or not it shall be so expressed 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 prov,ided, The annual assessments and special assessments, together with interest thereon and 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~J.l be a continuing llten Upon the Dwelling Unit Or the building containing mul~iple Dwe11ing Units which an Owner owns of record and against which such assessment is made from the time such assessrnen t is macle un ti 1 paid in Eu 11; pro- vided, however, that, where any portion of The Properties has been subrni. t tad to the Un! t Property !\c t, no part of the Common l::lcmen ts ,) of such portion <)t The. Properties shall be subject to asr;C~lsment by the !\ssociation, I!:ach assessment, together with .tnter~!ll there- on and COBtS of collection, sh~ll also be the joint ,)IIC) naVl'J'ill personal obligation of the person, group of penwns or entity who \~as the Owner of the assl!:ssed property at, the tilllll whl?n the illHleRs- ment became due, Assessments mado by the ASSOCiation, prior to such time as the Dcvelopnr has trunsferred title to thn Conul1unil:y If Facilities ~et for.th in Exhibit A to the ARsocl,)tion, sh..ll. IJe paid to the Dc-veloper to the extent required to fulfJ.l.l the purposes set forth in p..ragraph (b) below, but sholl not exceed the annual sum of $100,00 for each Dwelling Unit, and none of the funds derived from such assessments 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 Shall be Used for the purpose of promoting the rOCt'ea- ticn, scenic enJoyment, healt~ welfare and sa~ety of the Members lInd in particUlar for the ,mainte1\anc~of the Community l"ac,i.litie~, incLUding, but not limited tri,the payment of: (i) All operating eJ(penses of the Community FIICilit:iotl, inCluding services furnishC'd; and (ii) The cost of necessary management and administrat:ion, inclUding fees paid to any Management Agent; and (iii) Taxes and assessments levied against the Association or upon any property which it may Own or which the ASSociation is otherwise r~quired to pay; ~nd , . - " - "I , (iv) The cost of fire and extend8d Coverage insurance, com- prehensive liability in.urunce, fldelitr in'ur~nce and the COyt of such other insurance a. tha Alloolat on may procur./ and' . . II (v) The cost of fundinq .n adequate r~llI.rv. fund for rapl,ce_ lf mant of the improvement. includttd in the Community 1"1Iclliticu/ and ~ (vi) The cost of rap.3irs, mldnt,llnance IInd replacements of the Community Facilities. (c) Annual Assessment. It shllll be the duty of the BOllrd 'of Directors of. the ^llsochtJ,on to determine the amount of thl1l annual assQssment for ellch Dwelling Unit (inclUding IJw(lll1ng Units in a building under single ownorship) for each ~s~es~mont Year. The annual assessmQnt shall be the Slime for: each IJW!!lJ.ing Unit in an lissessmeiii:"yel.riprovided, howeVer, 1111 Tho Properties are expanded to include more 0~~llin9 Units or as additional Community Facilities are obtained within any given asaessment year, an approprinte and uniform adjustment: o~ tho rOllll.l1ninq instll,lJ.mrntfl of such assesllmClnt shall be made in accordance with the aforesa d standard of treating each Dwelling Unit alike for each fuli caiendar month dU~ing which it was part of The Properties, reg~rdlos9 of its 9i3e or location. The annual assessment for ~ny OWolling Unit for any assessment year (after th~ first annunl assessment a~ provided below) shall become due and pa}'able IInd 11 lien ag<lil19t the D\~elling Una or bulldin9 J containing multiplo Dwelling Units on tho f Lrst d.1Y of thl! first month of e,1ch cnlund(lr }'oa~ upon which it boellme part of 'I'ho Propurtiell, 'I'h!! 1.l0<lJ;',c1 of ll~reC'~qr~ of tho ^S'loc:illtion sh<lll (jive: ii writton notict: of the lInnll(ll 811Scssmcnt to each Owner ill', l()ill'it ' thir.ty days prior to tho first ~"}' of each aSSORSInOn!: ytwr lllld nhall give further written notico of changes in 8ssessmeri~s resulting from expansion of The Proporties or Co~nunity Facilitios all Soon as practicable after the f!'lcts of such expansion are f:nown, ^Ssess- ments must ba made on the bdsis of equal monthly installments with- in any assessment period ~xcept 119 affected by changes resulting from expansion of 'rhe Propertlos or the Conununity Faci lities, said instllllments shall be payable in adVance on the first day of el1ch calendar menth. -' , ~ (d) fPe~ial ^sgeSSlnonts. III addition to the annual aSsess- Inent author ~o lilio\'Cl, 1:Ti(j'-iiiis,')r::1ation InIlY from timG 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 COIM1unlty ~'lIcilitifls, inClUding tho nec )' es a al ro art: relata h~~ovcr, that any special assossment B a on y bCl solution approved v Class of ~I mber.s (bilsocl upon the entira an n mall srllhi s of Clach C ass at iI ",ectln~ dUly eal e Ot' lIuch purpos(1 at wh c a quorum Is pl."esont, writl.on notice of which !lhil t t hllv~ dtsc LOS80 eno purpose Ot th0 mec.:t i nq lInd shllll haVe! bllen sont trJ all of the Members lit least thi.rty d,lyn in advilnce of such muet lng. Thill duo date for the payment or any special 1I:H:e~sm~'l1t Ahall b~J fixed In th~ restllllti'Jn IlUthnrl4:lll<j Such ass(Jsslnt,lnt, ^ny IIp'lcilll dtillOflSmel1l: 1('viod by tho ^nSot:i.1tit'n , , - 5 - J ,.v\ /1"." j, ,j , . "'~ll" l,r( ,\), i ,ii' pursuant. t.o t.his paragraph shall be t.he SlUlle per Dwelling Unit. (including Dwelling Units in a building under single ownership). ee) Commencelnen t. of Annual Assessmen t. The annual 8ssess- , ment period shall conunence on t.he first. day of t.he mon th Eollo'o'/ing t.he first conveyance by t.he Developer t.o t.he 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. eE) Reserve for Replacements. The Association must estriblish and maintain an adequate reserve fund for replacements by the allo- cation and payment (from each month's lnutallments of the annual assessment) to Such res~rvc fund of an amount to be designated ( from time to time 'by the Board of Directors of the Association. I Such fund shall be conclusively deemed to be a common fund of the Association and shall be credited Upon the books of the Associa- . , Hon to the "Paid-in-Surplus" 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 a~e insured by, an agency of the United States of America or may, in tho discra- tion of said Board of Directors, be invested in obligations which are fully guaranteed as to prinCipal by the United States of lImerica. 'Ul~_~r~sefY~,_rn.S!Y.. ,1?e~?CP~,nded _~!1lY. Jg,!; ,F.9L?,hc.qmon ts" 0,( J;.b,c G9mmunit:r Facilities. Tha proportionate intarest or any Memb(~l' ' in such res'ei:"ve"ill1;'tu be consideL'ed an appurtenance of. his /)wull- ing Unit (J.ncludi.lIg Dwelling Units included in a bUildi.n,) under single ownership) and shall not be separately withclrllwn, ussiqner\ or transferred or otherwise separated from the propet'ty to \~hich it appertains and SIMll be deemed to be transferred with such Dwelling Unit or Units. (g) Assessment Certificates. The Board of Directors of the ASSOCiation ghnll prep~re and 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 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 liable for any assess~ent or to any first mortgagee of a Dwelling Unit or building containing Dwalling Units a certificate in writing si~ned by an officer or other lIuthori?ed agent of the Association, stating whether such assessment or charge is paid or unpaid. Such certificato shall be conclusive evidence of the payment: of. any assessment or charge therein stated to have been paid. A reason- able charge may be levied in advance by the Association for oach certificate so dolivered. (h) Non-Payment of Assessments. Any assessment or install- ment thereof levied pursuant to'these covanants which is not paid on the data when due shull be delinquent and shall, togother with interest thereon and cOsts of aolluction as hereinafter provided, become a continuing lien upon the Dwelling Unit or building I ; - 6 - ~ containing multiple Dwelling Units against which such assessment i. levied pursuant to this Artiole. All assessments shall bind such Dwelling Unit or bUildiny in the hands of an Owner, his heirs, devisees, personalrepresent,tives, successors and assigns. The obligation of such Owner to pay such assessment, however, shall also remain such Owner's personal joint and several Obliga- tion for the statutory period. (i) Remedies. If any assessment or lnstallment thereof is not paid within thirty days after the due date thereof astab- ,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 sH.l~ recover from such OWnet or out of the pro- ceeds of foreclosure accrued interest and costs of COllection, including but not limit,ec] to, reilsonablc attorneys' feos. No" Owner may waive or ot.hccwise escape liability for the i'lssessments provided on this Declaration by non-use of the Community Facili- ties or by abandonment or non-use of his Dwelling Unit or Units. ) (j) Subordination of Ll,en. The lien of the asseS13l1lcnt pro- vided for in this Ooclariltionshall be subordinato to (i.) the lion of ony r~al estate till<Cfl or general or speci.i11 nSMHiBm('nl',s by the local taxing authorities i.mp()s~d on the D~lclling Uni I:s 'or building contc1ining multiple D\~elling Units, (.ii.) tho lien or <lny first mort.gago now or hereafter placed upon any Dwelling Unit or building containing mulJ.;iplc Dwelling Units subject to assessment, and (iii) liens created pursuant to any Declnrntion Creating and Establishing a Condominium pursuant to the Ul'&it Property J\ct by reason of unpaid assessm~lll: to the Council of such Condominium having jurisdiction over any Dwelling Unit or Units, In addition, a first mortgngee of any Dwelling Unit or bUilding containing multiple Dwelling Unit3 who comes into possession of a Dwelling Unit or building con~aining multiple Dwelling Units pursuant to the remedies providetl ill the mortgage, foreclosure of the mortgage, 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 pOSll8ssion of the OWGlll.no; UnU: or hl.lilr;lLnlj/ llllUulpll tor claims for II pro rata share of such charges or assessmonts resulting from a pro rata rFlallocation 01' !iluch chaz:gos or; aS$QlIs- mants to all Dwelling Uhits incluaing C/lU ""Jrty,,':luu P"'lIIt1.sulil. .' SectiCln 5, Suspen.sion of Mll!o\bership RIghts. Tho memhurllhip rightS'(;;xccpt for thfl rights to Lhe usn or the strcets, roadway:; and parking areas) of ~ny person whoso interent in Tho PropurticN is subject to assessments by the ^H~ociation, whether or not he - - ..~--_..._._'..~. , , .... ............/'-'- .,..,' . ,'...., , '.'" , - ' i .'~. . ., ," I " , ,I - 7 - .. ""O."'y Ob"..... '0 "Y ".h ............ m.y b. ......... bf .otton of the 80.~d of Oir.otora dU~ing the p.riod wh.n the ' ......m.... .. ,.y '.'h"m... .h..... ...... '."...bu., 'pa. " p.yment ot .Uch ......m.nt., hi. right. and privilege. .hAll be, ..........Uy ......... "'''' .0... .. D.........h.U h." '.00". ..d '.b'hh.d M.. '.d ..."...... '0"'.'.. tho ... .o' .h. . . eo......y """"," on. 'h. ""0." ....... .. '.y ""0. 'h.,._ on,violates any .Uch rUle or r4tgulatlon, then the Board of Direc- tor. mai, in their discretion, .uspend any voting rights and the' r'tght. to the Use ot the ConununJ.ty FacUiticu (excopt: for the' , " .'.h.. '0 th. ... .. 'h. ..,..... 'o.~~. '.d ..,.... .,.,., .... a period not to eXceed thirty days. , Section 6. Delogation of Rights. Any Member may delegate 1/,' ' hh d...- .. ..j.ym.n< 0' 'h. cO~'."y ....11.... ... (.) ..m..... , of his family, (b) hi,S guests, and (c) his tenants Who 'reside '''hi.. Dw,,".. U." '.d 'h... '........ '.d ....... oabj .... howQver"to the proviSions of these By-taws and the rUles And regula,tions which Inay be adoPted by the Board of Dj,rec:tors as herelnafte~ provided. " ,) ARTICLE: IV -- MEETING OF MEMBEn~ S...... ,. Pl." M".,... ., t.. .....,.... "'U b. >0, at tI,. "' no.. 0' ,.. 0' ,1... ... ""."". of tI" ASsociation or at SUch other SUitabl~ place convonient to the ..mb...hip .. m.y b. d"'..a ..d by tho ....d .. n j ....~" . . .'<1;'.. 2. A.n.., M...."". Th. f1". ,..'" m..tI..o, ... Members shall be held at SUch time as the Board of Director.s ... U d......... but 'h.U b'hold, 'n 'ny ...... ..... n ... Y... 0' tho da.. Of '.OO'P... tI 0" .. tho A.....otl... Th........, . ... '1/ annual meetings of the Members of the ASsociation shall be held :v 0. tho fl... 'ad...d.V ., "'f "'ch ,"O".d.... v.... At .Ooh ...._ . .... 'h'.a .h." b. .,..... bV p"""'y b."., ., 'h. M.mb.... . ..' ....d ., D........ .. 'Cc..da... .lth tho ""'''''.n', ., S.ctl.. · ., A.tI". V .f thu. 'V-Ln". ""b."..V alo. '''..a.t '.'h o'h.. b,,'n... ., 'h. A........on ., m.y P'~."Y '~'b.'.,. 'h.., ......." .,. SpOO'" "."'n,. It 'ha 11 ... tho d. 'y ., th... Presiaent to call a 8peci~l'moQting ot M~mberB aN directed by rlll8011.l1:10n ot thca Board ot Directora or 'UPCIO .. ()otl t.l.oll l.Jntn'J P'lI~ 8ented to the SeCretary Which is ai9ried by the ClasR ^ Members th.. .ntltl.d .. ...t.h'-""'th Il/4th) .f th. ..t.. .. 'ho Clo.. A membership. The notice of any special meetin9 shall stato the, Ume and Place of Such meetin9 and the purpose thereof. No bud- .... .h." be t..,...t.d .. . 'P"'" m...... ...... .. ...~.d 1. \' the notice. , ~ . , \', -' .,... , ;:;,..,_., ',I", .I J ,li.oUon 8. Prolde.. A Mem.b.r may appoint: any nt:her Member Or t:he Devoloper Or l:h.Mllnaqement: ^g.ult. as hh proxy. Any rroxy" , mu.t: b. in "Irlt:J.ng and mu.t b. tU.d with t:heSeoret:ary ,in tO,nn .' ' approV.d by t:he Hoard of Direot:or. before t:he appoint:ed t:ime of . .aoh m.eting. Unlou l1mit:edby it:s t:erms, any proxy shall Oonl:J.nue until reVoked by n wrltten noUee ,Of rllvOolltion fUe<lwith the Seoretary or by t.ho <lellth of the Member. , , , . , " - 9 - ,I '. ' , ' . S.otion 9. Order Of BURin.... The order of business ~t: annunI mClet:rn.;,lior~lumbl!'rCl stllll,i, 6'.. as fOllows I ' Ca) Cb) Cc) (d) Ce) Cf) C~" , Ch) , U) Roll onll and certification of proxies.' Proof of notice of meeting Or waiver of 110t:ioe, Rending of minutes of preoeding meotJng. neportR of otfi6~rs, if any. Roports, of Co~nitteeD, if any. Unfini~hed busin~ss. New Cusiness. ^ppoin tmen t of. inspecto'rs of election. Election of directors. i...,i ,I In the CllSe of special mfletinlJs, items (a) through Ce) 8ha'11 be applicable and thereafter the agenda shi'llloonsist of. the it:ems, Specified in tho notice af meating_ I ....' ARTICLE V Section 1. Number and nualification of Dirootors.The affaits of the^sl:loCiat.i.on shilll lJe qovernl1d by the Board Of, Directors oom~ POsed of at lell!.'lt fiVe natural parsons. M:tor the lapse of all I of t:he Cla9.'l 13 memberllhips as provided In Articlo III of t:hesl!! By- Laws, all Directors shall be Members. DO!~D OF DIRECTORS - - " vi 0.."0. 2. pow.r. ..d Du.'o.. Th. Oo.rd of D'r.r'or. .h", have all the powors ~nd duEies nncossary for the operation, maln- tenanoe alld aclminintratlon' .of t.he COIFUnunity Facilities and t:he affairs of the ^SROoiation and may do ~ll SUch acts and things as are not by law, the ^rticl~R of Incorporation, the Deolarat.ion or theso BY-Laws direct~d to ~e exaroilled and done by the Member~. Tho POwers ,and duties o~ thu Board of Directors shall ,inClUde, but: not bo l1ml t:C1d' to: ea) Determination and colleetiol) of annual and special asse.'a- ments tram Members, tha m3intennnoo of a 'roster of assessments ' andchaLoc;es IIPPl1c.:lblu to (iach Owner and hill Dwelling Unit: or lInits and the enforcement Of lienR thorl)for in a mllnner Oonsistent with law and the prOVisions of those IJY-Ln\ois and the Doclaration;, - (b) Maint~l1anca ~f ~roster of first mortgagees of-each Dwelling Unit or blJiLditlq COl1tairtlng multiple Dwellin", Units; "" , , -..-,-..--- , " , . - 10 - "I ~ (c) Designation, hirin~, dismissal and obtaining of a Manage- ment Agent or of the personnel and services and materials n.~essary 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 requiremants 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; (el Preparation and distribution to each Momber of an annual report which shall include the annual financial statements herein- after provided and which shall sWlUnarize the operations and actions of the Association and its receipts, expenditures and reserves; and (fl Performllhce of D11 other dutie~, obliaations clnd rights of the Association and the Daard of Directors ..; Set forth in thu Articles of Incorporation, Declaration or these ny-Laws, .,I Section 3. Management A~ont. The Board of Directors may employ for tiiel\ssociatioll n pr.oi!JSHlonal management agent: (the "Millll1g0- ment ,\gent" I at a rate of compensation established by the Uoard of Directors t:o perform such duties and servicos as tho Board of Directors shali from time to time authorize. ~ction 4, Election and Term of Office, The term of the Directors named hur:ein and the I\rETcles of rncorp<lration shall expire when their I;IUccessot.s have been elected at: the fir~t annual meeting of Members and are duly qualifi~. I\t the first annual meeting of Member~, the ter:m oE office of: the two Directors receiving the greatest nUlTlber of votes shall be fixed at three (3) years. The tcr~ of offica of the two Directors r~ceiving the second greatest number of. votes shall be fixed at two (2) years, and the term of office of the other Director shall be fixed at one (1) year. At the expiratinn of the initial term of office of '. each respective Director, his SUCcessor shall be elected to serve a tern, of throe (.1) years. 'l'he DirectorlJ shall hold office until their successors have been elected and qualified. /' " Section 5. Vacancies Rosianation. vflcancies in the Ooard of Directors caulll:'ti-liyiiilY rOGFlcn r.lt:. ar 1:114", th. r_nJnVII.I. of . Director by G vote of Membg~a shall be filled by vote of the majority of the remaining Directors, even though they may consti- tute less than a quorum'; and each person so olected shall be a Director Until << SUCCOllsor is elocted by tho Members at the next annual meeting to serve out the unexpired portion of the term. Any Director may rosign at ~ny time by giving written notice of such resignation to the Board of Director.s. ,~. , , - 11 - Section 6. Removal of Directors. At a regular meeting, or at a .pecial meeting ~uly called for such purposo (but only nfter the fir.t regular meeting of Members as hereinabove prOVided), \ any Director may be removed with or, without cause by a vote of fifty-one peroent of the eligible votes entitled to be cast by Members, whether or not present and voting thereon. A SUccessor may then and ther~ be elected to fill a vacancy by majority vote of Members present and voting thereon in person or b~, proxy. The term of any Director who is a Class A Member and who becomes mora tluln thirty days delinquent in payment of any assessments or Charges due the Association shall be automatically terminated and the remaining Directors shall appoint his successor as prOvided in Section 5 of this Article. Section 7. CompenRation. ~o compenDation shall ,be paid to Directors for their. servicas as Directors. Sec::Uon 8. Annual'Meating,. The regular annual moeting of the Board of Direc~ors without other notice than this Dy-Law, 8hall take pineo immediately after, and at the same place an, the annual meeting of Members. Section 9. RegUlar Meetinqs, Regular meetings of the Doard of Directors may be held at Such time and place as shall be deter- mined, from timo to time, by a majority of the Directors, but at least four (4) Such meetings (including the annual meeting) shall be held during the fiscal year, Notice of regular meetings of the Board of Directors shall bn given to each Director, personally or by mail to his address as it appears on the reco~ds of the Asso- ciation at the time Such notice'is mailed or personally delivered, at least six days prior to the day named for SUch meeting, ~ection 10. Speci ill Hee tinqr-l. Speci al mee ti ngs of the Board f Directors may be cal,fEjd by the President cf tho I\ssociation on three days' notice to each Director given personally or by mail · hereinabove prOVided, Which notice shall state the time, place hd pUrp080 of the meeting. Special meetings of the Board of )irectors shall be called by the President or Secretary in like anner and on like notico on the written requost of at least ono- hird (1/3) of the Directors, Section 11. Waiver of Notice. Beforo or at any meeting of he Board of Directors, any D[J='CiCEor may, in writing, waivE'! notice f such meeting and ~uch waiver shall be deemed the equivalent of he giving of such notice. I\LtQndnna~ by B Dlrnator nt _ny m.a~- n9 of the 80ard of Dl~ectors nhall be a waiver of notice by him f the time, plaCE! and ,purpose thereof, If all the Directors are resent at nny meeting of the Doard of Dirp.ctors, no notice shall e required and any bUsiness may be transacted at such meeting, Section 12. 'Quorum. At all meetings of the Board of Direc- ors a majority of the Bircctor~ shall constitute a quorum for he transaction of bu,inElss, and the act. of the m~jority of tha iractors pr~Sp.nt at U tn<:!tltinCj at which a quorum is pr.esl3nt shall " ., , . ,,-' '(,~~o ~~... , o ~..4. ~~.'(,~ ~ .'" ~. ...,~ '(, "(, '(,~ '(, , '(, ,,,,,0 Of :\ ."" .. ~"" '-'; -of/) '0..... . (J' ",,0 0$' . ~. ~ '" "~.:> ",,'_ "'""\ ~.. "".... (J' ~~-\ ~f/) ~"\~ '(, t:i... · q ~ :(:o~ ~ ",,'&- . 0 , 0 ...,'" "" #' ~O ~ .. "'" "" '" 0<" ~ ""'&-0"" ~ · "- ~. ....;,,; O. 0~ ~ '(,0 0:0 ~~ .I!i . · 0 4 '. , 0" o~ . "'. '" " 0 O' 0 o~ · ~ . ,0 ... " 0' " ..~, .'" .~;f ~ '" ~ .',' '" .',' .' · · " , 0 · '" 0 ~ . 0 'o~~. ~.~~'" '. ~~O ~o. . ,0 ~ ~ ~ . Q 0 Q .0 ~",. 0" . ~O o' ~':..~'" 0'",. ".: ",. ""~..", ...,O<;:oO~ ~~ '" <;:00, ~ 0"" x, "",?:(:ox, '(, Q.....' ~ · ~. .'~' · <'~' 0,4,0 · o~" ..., ,. Q'. o~ '. . o....~.~_. "",~ ,.'.' . " ,'." ~. ..,.....,..-. "" 0 0, '" . 0 ..., ..., '(, ...,"" o. ."".:\ ~ 0'(, o. Ov Q....,'" ..., '0. <.'" ...~ ~ ~ ~ It? O~ ., ~'" ~ o'~. .' ~'" 0' .' · , ~O .' " 0 .#, i5' ",'. · '. 00 +' ~. .0"'.0 QO. ,..'. ~,.04'0<5' 0 ,. 0'.',' . <f . . O' 0.0.',0. ",.' ,0..' &>. Q ~'" " "p .'.' · " .' .' · " O'i'o. , 0'0' ". "'.... 0',,' .~. .... "t;, ,'" .' .'. .' 00 ~.o. ., o. ..., '" <l> :-,,'" ~ "'".(" ^07 e; <!> \.:'(' (J' ,&-0'(, ">',, ~ "'00. '&-7e;0 . "'~ ,}!> · 0 · " . O' ... 0 . "p '0,. o' .:. o' '.0.'" 00.0,....'.0' 0' . 0''','' i'~:,. l "'0'. ~'.'.' """".0",.", "'. ."'. "., O. 0 , 0', ,0. . , '....... 0'0 ~Q' O. 0 ". ".0",. ' .. ~. · .' · 00., ... .'" 4' o' \ '&-~ 'S' ~ 0 oi:'...,~ ...,00::- '" .....~. 0 0 j ~o <;:oo,.~'(,,,,,0 0~ 0'(, ""~ ~ "',,~ ~ ~o :-" e;e ~. <;:0 ...,0 "C '? ~.(" <.0 . "" 00 ....0 q ... ~ ~1l,00~,,,'(, .<,v ~-v....,'" 'IY e'(, o v "pO" ~. ~ ...,0 '(, , ",'l, , ) , ,,~.f/) · 0'" """,C; ~ft,O 0' O~ . '1>",..~ , 0"'0 < '" '(,' ~ ~ ~"'...,,,,, '1>"'0 .t-.~ ...,Q.~0 ~ '? e ",'" 'l> <;:oe; 0."" '(, :-"Q.'(,~ '? 0'(, ""0"-o':"'0,~~ '1>e;<' Q."~~~ 0,,'0 .~toe :<;:000 00 ""e ~ .., '(, ... .<) .:...... <<;; .....e; 0e; ~0 C<':-,,<" 0 ';. .:\ ~ ... e; 0 '" 0 0'" .~ ~ ,.'.. ~.~ ::<'~e;t:' 0. ~C ,..v.~...__ e....... 'I> ,. """'.0 ~" ~. 0-Y ",' -0 '?" 0 'I." . ~......,,,. e "'~ ,00, ,'. "0' ,0", t- ~... t."'" ~l'.'" c. '(,~ ~ 0 ...... 0 0 o 0"'''':,<,,,, <!>~. 0:-.... "'''''''~'''<<;;O''' "",,v ~ ~,c. ~ ~''(,O OJ 00 1> 0 ... o ~.... O~... '0> e; . e" ~~~O '<' 'I>- ~(l'''')0<.,.. '" <" ~ O~ · ~ :I, :-,,~ Co... C'" 'I>- 'Q....., %'" \. ~O ~''Q v<' ~0 ..,....,'<'~. 0::-...'; o,,^- ... 0.<." · ,!>.' ..~. ,{' 0.'0' #'" '" -..,; () ,"-~ ~C ""Y'Q~1:> ~ ~ ~ 41> < ,'",. · ..'" · ",. .'...,.0. .' ..".0 O. ',. ."', .'0' ~ oX", ".,OOQ. ,,/cO 0, 0.",.", ov,.~'.o A;;' ,,'0'. . ;;;,.,: .......0,' ~o ,.' > 0 /..<'.,.0 ," .f!s::,.o, .,' ,. 000,' .0' .... '..,',,0 ,01, 0',," 0',,' ,'.< 0 .'." , o~, ". 0, "X, 0 . ,. 0 '.0. ,. o~. .',000' %/; , 07", v 0' " O' ... ';.~ ;O~,~,> :". )-:':.~ 0 ,,~~ ~~.<' <"':'~<:' .(5' 'I>- e '" 'b~ ~ 'I> "'......0 <:. 0'1> ~'....C-.,'"' ~ ..., '\) '\) -I ,< , ,,, ~ 0 ~ .' _ 0 " " '''' 0'.' · · 00." 00 , . . ".",0.,. " 0"..0';'0" · , '.." " .'. ,0.", ~~ ,0 0 ,'''.',.", 0"".0'...0 .0 .:.', ,. 0' .' ';..' " .'r.~". 0' o .. ~ 0 ~ 0 0" <' o' . '" " 0 .~, ,0,. ,0. . <. .'....' ..., '!> v~ ""~.... 04...1> lb ~ ""'<'C:':> ~1> ...,. ,'^' <) C 0 ~ v" ~ 0 -y o ~"':e-'\) ~e....'I>-")~e eo,... '(, ~~~, 0'" ~o ...<i? .Y .. 0<; 0 '" e; 0 '1> 0 q 1>'(>&." ...,o""....,~ '" (, · "'~ ~ '(,... '0> ~ "" 0"".".-\ ....,<" .e; 0 .., .J.C I;. ~ '(,."" t:i 0 ."" ~o 0 1> ~e .....:J. ~'" ...'(, e;v'(, ~e ~""1:>ct;- e... <,,0..,~ 001/; ~... ; ~ ~ .' , r; I ~ 'I f , . - 13 - ,. I Section 5, Vice rreoiden~. The Vicft President shall take the place at t.ho Prosident and perform his duties whenever the . President. shftll be absent or un~ble to act. If neither the Presi- dent nor the Vice Prol\lidont is ahle to act, the Roard shall appoint some othftr membor of th~ Doord to do AO on an int~rim basis, The Vic~ Presidant shnlL nLon perform such other dutios as shaLl from t.ime to time be designated to him by tho Board 6f Directors. Section 6. n!'E.E~ti!!.t. The SE'lcretary shall keep the minutes of all moetingR of the Uonrd of Diroctors and tho minutes of all meetings of! MembElL'!;. 110 nhal.l have custody ot the sElal of the Association and he !'lhall havo chargp. of the memborship transfer books and of such other books and papers as the Board of Directors may direct. 1I0 ~hall, in glJneral, perform all the duties incident to tho of rico of nocrotary. Soction 7, 'rrO(1~UrC):, 'I'I\l~ Tr.~I\!lurer shall have r.asponsibi- lity lor^~;iOcilll:ron f\llldn /lnt! IH!cu:cll:iu!'J and shall. bCJ rOl;ponlliblo for lhe koupi.ng of full uncI ilCClll:nbl accounts of nil ruceipts <1m) d1!,hllrsemC1ntn in books b/Jlongtll\} to thu I\!isociiltion. fie 511(111 im rasponsiblu for l:he> dt,[>n~;j I: "f: 1111 ",on'~yt: an(l ol:hor valuilble affects In t,hc 11<111I0, <lnu I.rJ t,IH. CT,'N1.i l:, of. t:he /\~Uloci"tion in uuch deposi- torias DR may ft'OIll timC1 to timn bo dfl13!ynlltnd b~' the /Joard of Directors. ; i\It'I' ICI,l~ VII ---- .-..-- !.ill!},~I:J!:.TTERS ~_/\~ Section 1. 1"1(3ca1 "{(,ar. Tho Uncal yeilr of th~ 1\nsocilltion sha 11 ""'ECgTi\ori-tfii';'-fI"riit",T~iY of .1l!\nllilry eVt'ry Y()il r, P'1lC:Opt for tho firn!: fincal yeaL' of thr~ /\t:;1ut:.i,l1tion wl1ic;h !ll1all bn\lill on tho date of lncorporal:ion. -,' Section 2. nooks and /\C:COUllts, Books nnd accounts of the 1\snoc:iill:lnn ~h" 1, r'j';,7-s.;~7[liii(~'I:"-rh'1 ulrc~t.Lon of tht:! Tronsuror in acc\,r.dmw(J wil:h 'J~"HP:'il.I.','1 .,(:r;cpt,ou <lccount,in\) principlur.. The same shall inclUdo boof:s ~Ii th U(It:a,tl.l!d aCCoulltf'l, in chronological order, of the recrd,pt~: <1".1 ot ~,l1fl r,)):pondit:urcs "I: the J\t1sociation and, its administrlltion unlI sl1,ll1 r;pecify the ,""intF!nance ane! repair expanses of thl:\' Comr!lJn,ity Fllcj 11 I':i("" /lnr: I1ny other ellpl'1nl1l'!l'l .tncurrecl. 1\n account of any rosorvos matnblinhnd by the Board or Directors, inalUdln9 additions thereto and di~burnemcntR ther~of, shall also be maintained. That amount of any u(h,e;;r;~ln(:nt r.Jl'lulrad for pilyment of any capital expendituros or relict'Vun n~.tatt1d t.hUL'oto of the Association shall be credited upon tht.! bt1l11<f1 of thp. /\f1!'Jl>cial:ioll to the "Paid-in-Sur- phiS" account n!1 .1 capito"! COlltl"j,b\ltJ.Oll lJy ~1(,'ntIHH'S. Section 3'_~,~~~~,~l,'2!) of ~C'r.!1. 'fhr. bool:s and accounts of 1 " ~ f 'I fI ," ... 14 ... . ,I the "ssooiation shdl be available for examinat:1on by Members or. thelr'du1y authorized agents or attorney., and to first mortgagees of :reoord of any Dwe11in9 Unit. or building containing multiple DweUin9 Units or their duly authorized agents or at.t.orneys, dur- . lng normal bul!l!nous hours and for purposos reasonably related to th~ir interest.. ' Seotion 4. Audit.. At tho close ~f each fisoal year,' the ,books and .record8 of t.he A8sociat.ion shall be audit.ed by on ind~- pendent cert.ified public account.ant. whose report. shall be propared and certiHed in Ilccordance wil:h generally accept.ed auditing st'an- 'dards. The Association shall furnish such report and the ~ccompany-,~, iny financial statements to the Members. Copies of such re~ort and statements shall also be furnished to ftny first mortgllgoe of any Dwelling Unit or building aitunted wil:hin the ProportiCls. r, ' .,.' " Seotion 5. Seal. The Board of Directors shall provide a suitable corporatj! selll cont!ll.ning the name of the Association, which. sea 1 shall tlll Lh tho char90 of the Ssore tllry. ' ' ARTICLE: VI II , , J N~ENDMEWI.'S Section 1, Amendmonl:~. These ny-Laws mny ba amended by a resolution llji'iii-oveuby .:1 Itll1Jorit:y vote of each Claso of Hembers bnRed upon ~Ia entire Dutstanding memberships of each Class at a meeting duly c:nll(!d for !Iur;oh purpose at which a quorum is present, written notico of \~hic:h ~h,rll hilve rl1!1closed the pur.poRe of the Meeting and ueseL.lhl!d the prop()~'r.l(l alo'~ndment, ancl which shall havo. been sent to all of. the Member!! lit lellst thirty clays ill nclvlInce of such nteeting I provi.ded, h<'Mp.vl.ll', t:hat: no such amendmcn t shall be paRsed which w()uld make theSe By-Laws inconsistent with the Deo;:ll1- ration or which w<.l\Ild altel: the rights of first mor.t.gl1gecs of recorct I1S !let forth in tho OGc1aratlon or. i:.h~Re B'y-La\~Fl unlGss the requisit:o number of finlt IOortga9GOS have given thnir. approval us required by thn Declllr.lItion. [lRTICLE IX In SCI~LL.a.NEOUS ...I Section 1. Conflict. These By-Laws are 8ubordinate and .ub~ jec~ Eo all provisions of the Doclaration. In the .v~nt of any ,"" conflict betwe~n these'By-L~wg and the Declaration, the rrovisiuns of the Declaration shall control. SecHon 2. Committees.' The Board or Directors may, from tiloe to time, appoiiitsuch committees as it considers necessary or appropriate from tho ml!mberRhip of the Corporation, each of which IIhl\l1 conAillt Of a chairlOlln and at lean\: two (2) other CASE NO: 1998-02286 P SHERIfF'S RETURN. OUT OF COUNTY COMMONWEALTH OF PENNSYLVANIA: COUNTY OF OUMBERLAND WESTI1.00LXIM'/\li!'...JfDl'H!.lJ..N Ill"__~ VS. ~RMSTRONG CQ.t!NIE L -~._---- ~T.hoijlas..Jili!ll!.__~..____, Sheri:ff, who be>ing duly SWol"n according to law, says, that. he made a cti.lige>nt. search and inquiry fc'r the wi t.hin named defendant, to witl ARMSTRONG cc.ONNIE L -_.._-~._------->---.--__.--_.- ------- -- On May -_...J2~J ~)98 t.his office was in receipt of the attached retllrn fron, __ LEBAli~_._,,___ County, PennsYlvania, ----~'~"-_.~-_. Sheriff's Costsl Docketing Out of County Surcharge Dep, Lebanon Co 18.00 9,00 6,00 34,80 $6~,80 SAIDIS, GUIDO, SHUPF & MASLAND 05/07/1,,/98 S~. ans~we ''ii.l ." ,,' .... ,r' /" ." .l --:.' /;:::: ,Y ,,- , ?..,..,.....~. /.:': "'TTi'CiiilaS"IITIm."', ~f f '--- Sworn and subscribed to before me ~,"- v... this I - day of _ I 'L'''-<J~___ 19-5) ~ A, r" ( 1 ~u..._ Q~ 'n-t.,~ ~' -~I Protnonotary 7 WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. CONNIE L. ARMSTRONG, Defendant 98-2286 .MPORTANT NOTICE TOI Connie L. Armstrong 648 Nor.th Main Street palmyra, PA 17078 yOU ARE IN DEFAULT BECAUSE '{OU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF 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 LEGll.L HELP. Pennsylvania Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: 1,-,'~( 1 c( Respectfully submitted, SAlOIS, SHUPP & MASLAND BY'aj{~~~!} Supreme Court 10 #59012 2109 Market Street P.O. Box 737 Camp Hill, PA 17011 (717) 737-3405 - Attorney for Plaintiff GR ~ ~ "'.J '{J 'J' ~W\~,.... G, ~ '\ ~ "- ~ { ~ C) \1") 0 ~~. :::;, '1'1 (- .'.,.1 .T~ ('. t. , ) ,. ,-;\ ~n -'J r;1 , , , CC, )ip .. '-1 i.) ,., "I " -"J: , -..!t:) ". ~-nl ( I , .. ,~:;! <, . I 'U') ::< , " , 'LAW (lPlIlCBS A_.OUQJo, lIavrr A MASLAND ~t"'..n,'s~-',;.;,_.:'_\_ ":'./.;.., ". _ _ _. '.' _ '. W"llIOll,....,-.. ~MAR'""'m8BT . ('~ll,t....; tAl1lllJ' CAMP HIIJ.. PA 17011 .Mdal717IUI42aa . ,PHONB(7I1)7)7-3.v5 ...-. -,..-..,! CBlITIJIIBD COpy; ~. ..... "'" JrCInrOR WIn or ll:Xll:CUTION -(MON!l' JUPGMIl:m'}---'.'-' P.R.C.P SECTION 101 TO SECTION 149 ETC. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERI,AND COUNTY, PENNSYLVANIA vs. WRIT NO. Term, 1998 No. 1998-2286 Term, 1998 CONNIE L. ARMSTRONG Defendant Amount due: $955,90 Interest from 06/18/98 at 6.0% : Atty's Com. N/A Costs TO BE ADPED To the Prothonotary of said Court: (1) Directed to the Sheriff of ISSUE WRIT OF EXECUTION IN THE ABOVE.MATTER, t.l h (11 County, Pennsylvania; (2) against ConnieL. Armstrong, 648 North Main Street, Palmyra, Dauphin County, Pennsylvania 17078, Defendant; (3) and against N/A Garnishee(s); (4 ) and index this writ (a) against Connie L. Armstrong, 648 North Main Street, Palmyra, Dauphin County, Pennsylvania 17078, Defendant and (b) against N/A Garnishee (s) , and levy upon all of the personal property of the defendant (8) aa follows I Any and all personal property located at the address of the Defendant at 648 North Main Street, Palmyra, Dauphin County, Pennsylvania. (5) Exemption has (not) been waived. Dated: PI" l-( , 1998 :'D": Z;'~"j;dJ!- ~[~. Led.bohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Plaintiff PRAECIPE FOR \'/RIT OF EXECUTION - (MONEY JUDGMENTS) P. R. C. P SECTION 101 'X'O SECTION ],49 ETC. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I WRIT NO. __ Term, 1998 No. 1998-2286 Term, 1998 vs. CONNIE L. ARMSTRONG Defendant Amount duel $955.90 Interest from 06/18/98 at 6.0% Atty's Com. N/L_ Costs TO BE ADDED To the Prothonotary of said Court I ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Lebanon County, Pennsylvania; (2) against Connie L. Armstrong, 640 North Main Street, Palmyra, Dauphin County, Pennsylvania 17078, Defendant; (3) and against _ N/A Garnishee(s) ; (4) and index this writ (a) against Connie L. Armstrong, 648 North Main Street, Palmyra, Dauphin County, Pennsylvania 17078, Defendant and (b) against N/A Garnishee(s), and levy upon all of the personal property of the defendant (s) as follows I Any and all personal property located at the address of the Defendant at 648 North Main Street, Palmyra, Dauphin County, Pennsylvania. (5) Exemption has (not) been waived. Dated I August 11, 1998 :D"l&p.~1 ~~Le~ebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 761-J.881 Attorney for Plaintiff C', '....? 0 (:- y:> "n -6.. t,. ':1 ....., '";1 ( , ~': ''"I] ~ n Ii'" ~: ~. \-j-lf ";? 1\ r~=' .... . '1f'11 (0 ~ ...0<'11 ~ ~ ,:1 .17" :jCJ "'1J , , \ , )(1) ~ 0 . ...... . I"f' W 0 D V? R -,--I '. n,j ~ 0 (; ~ .! i" t. 0 ~ (' 0 ~...,1 /-')I'll .c_'; .. :~;~ It- ..... g f I ;;! ::;J ~ ~ f0 (iJ 0' C 0 ~ ~, ~ , ~ r , , \.-, 0 lt1 ~J- ~ , . ... , , , . 'r1 11 "'1_-.," )\1 I I l I~J , fJ ( ) 1,.,',1 'J '] ) ''i' , !~: ,: L /j -",' , Li <:':.1 J , , , , C) '"-' , " I. '! , , I , : " ;.) .--! , , '0 :):1 -.~ I I,.;. ,. i J I ~ \ ~" r \~R1T OF EXECUTION " No. 1998-00999 WESTWOOD VILLAGE CO~MUNITY ASSOCIATION, INC. l"ebanon, PA, December 10, 1998 Karl M. Ledcbohm, Esquire Attorney for Plaintiff 'IS CONNIE L. ARMST-RONG STATE OF PENNSYLVANIA } COUNTY OF LEBANON } 5S: Danny L Heilman, Deputy Sheriff, being duly sworn according to law, deposes and says that after due and diligent search by him having been made in his bailiwick, and after having exhausted all known facets to locate defendant, as stipulated under Rule of Civil Procedure, Rule 430, "good faith effort," he was unable to find CONNIE L. ,b.RMSTRONG, the wi thin named DEFENDAN1' I and he therefore returns "NOT FOUND," as to the said CONNIE L. ARMSTRONG, the within named DEFENDANT. He therefore returns "NULLA BONA" as to the LEVY on Personal Property of the within named DEFENDANT, CONNIE L. ARMSTRONG. Search and inquiry find that the Defendant moved to 6235 Elmer Avenue, Harrisburg, Pa. 17112. Sworn to and subscribed before me this 10th day of December, A.D., 1998 f"L;_~, /' /.4.k., Notary Public r----~..-.....'lft'~.., ~nTARI.~l S:Al. ~ 'PAr~ICIA I.. HI,mI/AN, ~,';,VI'( PUBliC ~ I La~;1nyll, l~bl;'lJI' C'J'..ilti ~ My Commission E'plres Aug~~~2?~lj SHERIPF'S COSTS IN ABOVE Advanced costs paid on 8/24/98 Check No. Costs incurred: Refund: Check No. 5856 PROCEEDINGS 14290 Amount Amount Amount $200.00 $ 54.80 $145.20 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. __Sec. 2, Act of June 20, 1911, p.r.. 1~!72 . .; c) , ~'I 1'< '~<.J , ; I "\1\ r.~ I n}\ I j (.; i , (. L [~.~ I , 'TI , , , (') , I , .. ~~'1 ., \ C' :.<J .~ .~ . \ ~ \' !-- ,~'~:.\~ ~ -\I ~\~ ",'. 'd ~ "g.lti' 6 ~ In -, () I\, C C e ~r' " f' So ~ ~ f.)~ ~r t, \" '" ~, 1.>1 f" ..., "" ~ WRIT OF EXECUTION and/or AnACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 98-2286 _ CIVILlW TE:~ CIVIL ACTION. LAW TO THE SHERIFF OF ".Dauphin., '... ,,,_ .... ___..'.. _..COUNTY: To satisly the debt, interest and costs dueWes..t:"'.ocxj..I/,~lla.9.~_C,<m11u~i ~8oci~Hon I cIne. --..'..'....'...-..-.....-..,.---,...,-.-,...-..-..--,.,-..... -.--... '.....-...-,.,.--,__ __~.._______PLAINTIFF(S) from ...--~..,i;;Qn[lie...L......AI.:mi trQnll .._Q;: JS ...Ellnel...A'LenUf1.L_llarr ieburg.,..1'.a.L___,_ ._._~-_._.._--_.__.-. .......-......-.-.-.-- _.... .__..__.~-. . ----_....-..~_.._._--..._..._~-;_.._--..~~~--,_._---~_.----y--_. ..-.....---,.... ....,---,..,-..-.. ........._,-.., '_..'..'...'_n. .......'..,.___..,....___~_._.__,_....._ DEFENDANT(S) (1) You are directed to levy upon the property 01 the defendant(s) and to sell,__________ AI1Y..iJfl.<1_a)J~.l:'8gnal.proJ>8rty.g,Lt.llelJefe.ndaf1t.:Locat~ at 6235 E1Jrer Avenue, '_'__ H~!:i8bUJ:'9.!..~llPl1i!1..c:oll!1ty.!.i'.e[ll1..!3Yl \lilniEl'_. ..___ __________ -----_~.....L_...___~_"._.._________.._...__ ",_ .____.~____.....___.._..._____. (2) You are also directed to allach the property of the defendant(s) not levied upon In the possession of _____h.___________.____.__.....__._.____....__ __..._._.m__.________~~~__ -_.---------_...._-~-----._---_._---_._-_._--~--~_._-- .....--..- . ..-------...--..,,--.--- .. ...-.-----...--....---.---..----- -----....--'-..u.,.......-...-u..-..---'-..m._______~__.GARN'SHEE(S) as follows: _.__._----_..._---.._-_.__.._..._-~..._----~--_. and to notHy the garnishee(s) that: (a) an allachmenl has been Issued; (b) the garnlshee(s) Is/are enjoined from paying any debt to or for the account 01 the defondanl(s) and from delivering any property of the defendant(s) or otherwise disposing thereal; (3) If property of the defendanl(s) not levied upon an subject to aUachment is found inthe possession of anyone other than a named garnishee, you are directed to notify hlnVher thai he/she has been added as a garnishee and is enjoined as above slaled, Amount Due ___:;>...255. ~Q____,..... '___n'......... fn?~~Wst iran 6/18/98__~~~~~...__..___ Ally's Comm __'_______ % ._'''_,,,__ Ally Paid _........222.lQ__..,_.____ PlalntH! Pald_. ..__.._.._____,_.._ """'___'_.. LL ,.....-,__~$.OL5.lL Due Prothy _.~0.QO_~_ Other Costs Date: ...--August.,l14,. 1'l'l'l .______..,..... "..._____,-CurtiR R. Long ProlhoMlary, Civil Division by: .-<)1'...... Q n.,. ~,.'~ DepUly REQUESTING PARTY: SAlOIS, SHUFF & MASLAND Name K"rl M TM"hnhn, F.<I'1' Address: 2109 Market B~reet _.._____ Cil!JJ2.J:!.llL..J'!!LlJO 11__________ Marney for: __ Pl ain tiff___........_,... "...,....,_. Telephone: (717J~61:1Jl!l..L_,_.._....._..___,.__ Supreme CourllD No. ..........__... . .._.._...........,........_