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WESTWOOD VILLAGE COMMUNITY
ASSOCIATION, INC.,
Plaintiff
IN THE COURT OF COMMON PI,EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
MELINDA M. ERWAY,
Defendant
98- J. 1. 3'" eA-~~J 7'..u-.
COMPLAIN't
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 corporat.ion organized under the
laws of the Commonwealth of Pennsylvania, with its principal place
of business at 650 Westwood Drive, Enola, Pennsylvania 17025.
2, The Defendant, t<lelinda M. Erway, ("Defendant"), is an
adul t individual who resides at 851 Melissa Court, Enola, East.
Pennsboro Township, Cumberland County, Pennsylvania.
3, The Defendant is the owner of a condominium situate at
and known as 851 Melissa Court, East Pennsboro Township, Cumberland
County, Pennsylvania (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
~t Miscellaneous Book 213, Page 364,
(the "Covenants and
Restrictions") which Covenants and Restrictions as amended are
incorporated herein by reference. A copy of the relevant portion
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DECLARATION Qr COVENANTS AND RESTRICTIONS
WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.
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THIS DECLARATION, made this .i/J.I/.. day ot ~.......;""','
1975, by M.L.W. CONSTRUCTION CORPORATION, II Mar~d c~poratLon
(herllinatur referJ:8cl'to .. the "De~4i!loper,"I.
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WIT N E SSE T III
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WHEREAS, the Developer is the fee simple owner'ot certain .
rool property located in East Pennsboro Township, Cumberland County,
FonnsYlvania and more particularly described in Exhibit A attached
hereto and made a pllrt hereot, which real property and any other
roal property which may be dBeded by the DBveloper t,o 'NESTWOOD
VILLAGE COMMUllITY MSOeIATION, Ille. togethor with the recrClational
and other community facilities, improvements And open spAces bein9
developed thereon is hereinafter referred to as the "Cummunity
racilitie."j and ' , ,
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~IHEREAS, said Community Facilities are. being devQloped for
the use and benefit ef A residential community: consisting of ap-
proximately 926 dwellinc,J units to be constructed in' fil(c! or ,mere
.' phases on five adjacent trllcte of real prope~ty, al1d '::':;, "';' '" ~',: '
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WHEREAS, the Developer desiros to p'rovide ,fer the 'preservation
of values and amenities in said communlty and for the' mllintenanoe
and operation of the Community Facilities, and, to such end, 'desirlls
to subject the real property constituting eoch of thephallos of
residential development, as the construction of each such phase (
is completed, to the covenantll, rostrictions, easements, chargos',
ASSessments and liens hereinafter set forth, each and all of w~ich
are for: the bene,fit of the communi'tyand nch owner ,therein, and '
WHEREAS, in t'rder to so preserve the'valuBs and,amenitil'ls in
the co~"unity, the Developer has deemed it desirable to create
an entity to which the Community Facilities should be deeded and
to which should be delegated and assigned tho powers and duties
of maintaining, operating and administering the Community Facili~ ,
ties and administering and enforcing the covenants and restrictions
and collecting and dilbur,sing the,asle.sments and charges herein-
after crea ted, and ,':" '..,
~IIIERE^S, the Developer has incorporated under the hws 'of
the Commonwealth of Pennsyrvania, as a nan-profit membership ,
corporation, 'WESTWOOD VILLAGE COMMUNITY ASSOClATION, INC. u, the ,
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entity to whioh the Community Faoilit1" wLll ~e d,.ded to~ ~hl'
pU~po.. ot exetohing .thl atoreuid funotion., and
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WHEREAS, Pha,e I is being co~temporaneQu'ly ,ubmitted to the
provilion. at the Unit Property Ac.t ot Penn'ylvanh pureuant to A
reoordod Declaration Creating ~nd E'tftblishing We'twood Village
Condominium, which document aho provides thAt 'aid condominium
projoct o~n be oxpandIJcl to ,224 dwolling units by inoluding th'e
'ucCooding three phllles at. construction which togethor with P~ase
I will encompllss tour at the fille tracts of real propertr constitut-
ing tho ruid!lntid oommunity tQ b. /IlIrved bY,\;l1e pOI1\l1l,\Ill,ty FaoHi-:- .
tio., and , ,
WHEREAS, the fifth tUct 1:.0 be included in thereddential .
community i, currently zoned tor the ccnstruotion otapproximately
702 dwelling units which will not be inoluded in the atoresaid'
We.twood Village Condominium project. 'I.
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NOW, THEREFORE, the Developer declaree that the a:-elll property
oonstJ tilting Phase I, and ,Such addition, thereto u'may heroattet,
bo mado pursuilnt to Article II hereof, h llnd shall be 'held, . ,
transferred, sold, oonveyed and Occupied subject to ,the oOllenllllts, ,
restrictions, easements I aseo.ssmellt,~, charges lInd liens. (sometil1lGi
refUnd' tQ lIS the .Covenan~s,lInd Restri.ct,iQ~~,~1 he.rll~nat,t~,r set./oa:-:~~
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I 'ARTICLE I .
'. .' ' "DEFINITIONS
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Section 1. Definitions. The tollowing words when' U,ed in
this Declaration or any Supplemental, Declaration' ('unless the' con-
tex~ shall prohibit) 'shall have the t'!Uowin9 m&lIning81 ' ,
(a) "^SlOC!ation" shall mean and ufea:- to WJlS'1'I~OOO VILIiAGE:
COMHUNITY ASSOCIATION, INC. ..' ,..,,', '.:'''' 'J "
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(b) "The Properties" shall mean and, reter to all such existing
roal' property, llnd llny additions thereto,.1lS are subject to th1l, ' ,
'DeolarQtion Of any Supplemental Deolaration under thepa:-ovisipn8 ot '
..Artiole'II hereOf. ,.., " , . ":-. ,;. , '
'(0) "DwelUnq Unit" shall mean. lInel reter to llny portion Of a
bUilding situated Upon The Properties designated and intGnded fot
use and Occupllncy as a residence by a sinyle family, and may inolud~
units 80 designated un.Jer the Unit Property Aot ot Pennsylvania,
81nglo family hom.. or multifamily buildings. ' . .
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(d) "Owner'" shllll mean and refer to the record owner, whether.
ono or more persons or enCitios, of the tee simple title to .allY ,. ., ,
individual Dwelling Unit or any building containin", more than one :..;:.
J:lwel1ing Unit under lingle own,rship ,itl/llted up.on.~l!e .P.a:pPe,ruu,. ....
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(d) hny such Supplemental llet1laration may contain such ." ,
complementary edditiona and moditications of the Covenants and' , i " .. ,
Reatrictions contained in this Declaration as may be neclSsar/, ,
to roUect the dUferent character, if any, of the added real .' . ,,'
property and aa ere not inconeistent with the scheme of this .' . , d "". ':."
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(e) "Member" shall mean
Members of the 'Association as
and refer to a~l those OWners who are
Pliovided in Article lIt hereOf. ' "';"
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ARTICLE II
PROI'ERTY SUBJECT TO THIS DECLAMTIml/ ADDITIONS TIIElU:Tq
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Section'l. Existinq Property. The real property which is,
and shill bo, 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 .Phase;:"
I" and La more particularly descr~bed in Exhibi t B herllto.
Section 2. Addition~ to Existin Pro
Facilities. AddiEIonal real property may
Declaration in the following mannerl
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(a) At any time within a period of seven years from tho date
that this Declaration is recorded, the..Developer, its sUccessore . , "
and assigns, shall have the right, without Obtaining the'consent ' ,
'of the Members, to bring within the scheme of this Declaral:ion '
additional real property in future phases of the construction of.
. the residential community referred to above, prOVided, however"
that such rlld property shall be from among the four tracts of ','
real property which ore more particularly described in Exhibits
C-l through C-4 which are attached hereto and made a part hereot,
and, provided further, that any such additional rcal. property to-
gether with Phose I shall, not: include or have constructed thereon "
in excess of 926 Dl~elling Uni ts. Such addi Hond real property "
may, but need not be; part of .th~, W~~twood Villoge COnaominium
projoct refert:ed to above. , . .' . . ',', ,...
. (bl At any' time within a pe.:iod of seVen yoars from the date
that this DeClaration is recorded, the Developer, its succesoors
and assigns, shall have the right after Obtaining the consent of
the Board of Directors of the Asso:iation, but without obtaining"
the consc')t of the ~Iembers, to bring within the scheme 'ot' thJ.s '
DeClaration additienal real property to be Used as Community Faci-
lities/ provided, however, that'the additional real property ~s '
from the real property described in Exhibi t C-4 and is dEleded to "
the Associalion (at no cost to the Association) with all improve-
ments cQmpletlJd thereon and is fre. and clear of all indebtedneD', '
(c) The additions authorized under th.i.s Artiole II shall be "
made by tiling of record in the land records of CUmberland County,
Pennsylvania, one or more Supplemental Declarations of Covenants
'and Restrictions with respect to the additional real property whioh
shall extend the scheme of the Covenants and Restrictions of this
Declaration to such additional real property.
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Daclaration. In no event, however, shall suoh Supplemenbal
Declaratlon revo\o, modify or add to the covenants established
by this Deolarationwithin Phase I or within any other real
proporty thorotofore a~~ed pureuant to a previous Supplemental
Doolaration OKcopt by virtuo of the Daveloper's d~eding additional
real property to the Assooiation for use A8 COhUllunity Faoilities.
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ARTICLE II!.
!1!ill!!IlIlSIIIP hND VOTING RIGlITS IN 'filE ASSOCIATION
Seotion 1. Total Membership. The authorized number of
meraborships of the ^ssoclation shall be 1,852, of which no more
than ,926 shall be issued and outstanding at IIny one, time. The
mambershi~s shall be of two classes A and B.
Section 2. Class A Memhorllhip. Every Ownor subjoct by covenant
of rocord to assessr~ent by the Associat.ion shall be a Class A, mem~
ber of the Association. Each Class A ~lomber shall be cntitle~ to
one vote for each Dwelling Uni t Which such Hembor individually
Olms of record or I~hic:h is contained in a building I~hictl lluch
Mel)lbar olms of record; provi~ed, howover, that thera I~ill ba no
mora than 926 Class A memberships, all having one vota each.
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Section 3. Class D Mambershins. Thera shall be 926 'Class B'
momb~rships, all of which ohall be issued to the Developer, dr to ,
its nomineo or nominees. Each Clsss D Mamber shall ba entitled
to throe votes for each Class B membership so held. As each CLASS
A membership comes into cxistence and is issued, one Class D mem-
bership shull lapse and become a nullity. All Class D memberships
shall lnpse and become II. nulli'ty on the first to happen of thl!' " ,
following evants. '
(al Nhti'n the total issued and outstanding Class A membership'.
ClCJual 926/ or
(b) On October 31, 1981/ or
(cl Upon the written surrender of said Class B memberShips
by the then hol~ers thereof for CAncellation.
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ARTICLE IV
PROPERTY RIGlITS IN TilE COMz.tUNITY' FACILITIF.:~
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Section 1. Members' Easements of Eniovment. Subject to the
provisions of Section 3 of this Jlrticle "every Member shall have
a noncxclusive right and easement of enjoyment and use in and to
the community Facilities and such easement shall be appurtenant to:
~nd shall pasR with the title to each Dwelling Unit whioh such
~lllmber individually owns of record or which is contained in II '
b~ilding which such M\lmber owns of record. '
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:;ection 4. Title to Community Facilities. The Developet' may
retain the legal titl,e to the ConvnunHy .'aciUtiu let forth in Ex-,
hibit A until such time as it has completed the recre.tional faci~,
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Sootion 2. Deleqation of Ri2ht of En10yment. Any Member ,may
dolegate his riqht of enjoyment of the ConvnunitY-Facilities to la)
Inombers of his family, (b) his quests, and Ic) his tenants who
residQ within a P~ellinq Unit and their families and 9Uests, all
subje~t, howavet', to the prOVisions of this Declaration and the
Articles of Incorporation and By-taws of the ASSOCiation. ,
Section ). Extent of Hembers I Easements. The right and ease-
ment Cil enjoyment and use created hereby siiaTl be SUbject. t'o the
fOllOWing I
Ie) Such easoments, agreements and interests as may bo appli-
cable to the Community Facilities set forth in Exhibit ^ at t.ho time
of Qxecutio~ of this Declaration or as may be apPlioable to additional
Community facilities as of the date they ar.e deeded to the Alloclltion/ '
and ,
, Ib) The right of the ASsociation to mako and enforce rules
and ro9ulations pertaining to the use end Qnjoyment of the Commulll ty
Facilities provided such rules and regulations are 'consistent wit.h
t.he purposes of this Dec14rationl and . .'
, (c) The right of the ASSOciation to levy reasonable admission
charges and other hes for the Use by Memb~rs and their guests of '
any.recreational fltoiUty situated within' the CtIlmmunlty FaoiUtieo/
and ,
Id) The right of the ASSociation to limit the
of Members or their tenants; and
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nUmber of gUests
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Ie) The right of the Associntion to suspend the voting right.
and the rights to the Use of the Community Facilities Idxcept for
rights to the Use of streets, roadways and parl:ing areas, Which
shall not be subject to suspension for any t'eason) for any period
during which any assessment remains unpaid and, for any period not.
to Oxceed thirty days, for any infract.ion of anl' of tho. PUblhhed '
rules and regulations of the ASSociation; and
(f) Tho right of the Association to grant rights-ot-way ~nd/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 cf the Community Facilities Or to servo any portion of
The Properties I prOvided I however, that no such eASel\len!: and/or
rights-of-way shall be permanently inconsistont with the enjoyment
of the Community Facilities by the Members of the Alloaiation.
Any rights of the ASSOciation reserved horeby may' be e~ercl.ed
by the Board of Directors of the ASlooiatlon except to the extent ,
to which luch rightl are directed to be o~ercised by the Member..
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liti.. thereon and untii Buoh time as the Asso~iation has 87 Cla..
A memberships which are held by ~lembers ether than the Developer,
but, n~t\~ithstanding any provision hereIn, the Develop"r heraby ,
OOYenants, for itself, its succesSors and assigns, that it shall
Convoy the Community Faoilitios sat torth in Exhibit A to the
Assoolation not lat,r than Ootobar 31, 1981. Until the transfer
of title to suoh Community Faoilities to the AS8oointLon, the '
Dovoloper .hall perform all of tho Obl.lgations, covanants, and '
agroamonts (inoluding those belonging to the Assooiation fallowing
oonvayance of title), and shnll abide by the restrictions cont~ined
heroin w,lth respeot to Buch Community FaOilJ.ties, except' for SUOhl
construotion and marketing aotivities as are consistent with deve-
lopmont.
hIlTICLEL,y
COVENANTS FOR ASReSSMENTS
Section 1. Covenant' for Assessments and Creation of Lien and
' Perlonal ObliCJation. The Developer for aClch Dwelling Unit owned by
It or to be creilted by it within The Propert,les hereby OOVenant9
and oach Owner of any individulll DlJolUng Unit or an~ bUilding oon-
taining mora than ona Dwelling Unit by acceptanoo of a doed therefor
whother or not it shClll be so expreSsed in any suoh deed or other ,
oonveyanoo, is deemed to COvenant and agree to pny to the Association I
(a) annulIl assessments or char~es as provided herein, and (b) speciaL,
assessments to be fiKed, estllblished and collected fl'om time to,t.ime,
~s hereinaftor provided. The annual assessments and Special assess-
ments, together ~ith interest thereon and oosts of collection shall
be a chClrge on the DI~elling Unit or the bUilding containing multiple
,Dwelling Unlts which an Owner Olms of. record and shall be II continuing
lion upon the DIJelling Units I~hichan Owner Owns of recerd and against
,which such assessment. is made from the time such assessment is made
until 'paid in fUll; provided, hOIJever, that, where any portion of
The Properties has been submitted to the Unit Property Act, no part
of the COIIUnOf\ Eloments of suoh Portion of The Properties shall be
subject to assessment by the ASsociation. Each assessment, together
with interost thereon and costs of COllection, shall also be the
joint nnd sel/eral personal obligation of the person, group of per-
sons or entity who was the Owner of the asseSsed property at the time'
whon the IIssessmont became due. Assessments by the ASSOCiation, prior
to SUch time as the Developer has trahsfe,~red title to the Community ,
P,1cil.lties set forth in Exhibit A to the ^ssociation, shall be p"i,l
to the Doveloper to the extent required to fulfill the purposes set
forth in Scot ion 2 below, but 9hall not eXceed the annual sum of
$100.00 for ellchOwell.lng Unit, and none of the funds derived from
Buch assessments may be devoted to expenditures for oapital. imp,rove- '"
ments \~hich are the sele responsibility of the Developer. .
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!lcoticn 2. t\!!POSll of Assessment. The nsseasments lovLed by
the AssooLatLon-9hall be used for-the purposo of promotin9 the
reoreation, soenic enjoyment, health, welfare and safoty of the
~IElnibere and in pSl'ticular for the maintenanco of the ConununLty
Facilities, incLuding, but not limited to, the payment of. '
(a) AU opereting expenses of the Conununity ,Fllcilities,
,including servicea furnished, and
(b) Tho cost of necessary management and' adminhtrllti:on,
including fees paid to IIny Nanllgement Agent, and
(c) Taxes and assessments levied against the Association or
upon IIny property which it: may own or which the Assooiat:1on !.s
9therwise required to pay I and
(d) The cost of fire and extended coverago insurance, oom-'
prehensive liability inaurance, fidelity insurance aud the 06st
of such other insuranoe as the Association may procure / and
'-"
(e) The cost of funding an adequate raseI'Ve fund fOl" replaoe- ,
ment of the improvements included in ,t;.he Conununit:y' FIlOilitios/ and"
(f) The cost of repairs, maintenanoe Ilnd X'Oplacomenl:.s of the':
Convnunity Facili ties. , , '..,' "
Section 3. Annual Assessment. It shall be the duty of the
Board of Directors of the ASSOCiation to determine the amount of
tho annual assessment for' each DWoUing Unit (incLUding Dwclling
Units in a bUilding under single olmership) for oach assossment
year. Tha annual assessmont sholl be the sarno for oach Dwelling
Unit in an assessment yeaI'I provided, however. as The Properties
are expanded to include more Dwelling Units or as additionlll Commu-
nity Facilities are obtained within any given aSSessment yenr, an,
appropriate and uniform adjustment of the remaining insta11mor:ts
of such assessment shall be made in accordunee with tho aforesnid
standard of treating each O'''e11ing Unit alike for each full eaJ:endar
month during which it was part of The Properties rogardloSII of its
size or location. The annual assessment fOt, .1ny Dwelling Unit for
any assessment year (after the first annual assessment liS provided
in Section 5 of this Article) shall he come due and payable aud a
lien against the Dwelling Unit or building oontnining multiple
P"'~ll1ng Units on the first day of the first month of clIch calendar
year upon which it became part of The Properties. The Doard of '
Dirdctory of the Association shall give written notice of the
annual assessment to each Owner at least thirty days prior to the
firbt day of eaoh assessment 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
the facts of such expansion are known. Assessments must be made'
on the b4sis of equal monthly installments within any assessment
80aK 213 fACE :r/o
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poriod llxoept lIS affeoted by changes resulting from expansion of,
'l'he propertLElS or the Communi ty Faoil1 ties I sdd ins talll1\llnts shall
bo payable in advanlJe pn the first day of each cahndar'month.,
Section 4. Special Assessments. In Addition to the anriuAl
assessmont authorIzed by this ^rtICTe, the Association may from
time ,to time levy A special assessment for the purpose of defray-
ing in whole or in part tho cost of IInv reconstruction or unoxoected
'repair of an improvement located upon the Community Facilities,
inoluding the necessary fixtures And personal property related I ,
thereto, provided, however, that any special assessment shall
only be levlod by a rosolutlon approved by a majority vote of
o/loh Class 'of ~Iembers (basod lIpon the entire out,standing member-
ships of each Class) at a meeting duly called for such purpose
at whioh a quorum is prosent, written notice of whioh shall' have'
disolosod tIle purpose' of the meeting and shall have been sent to
1111 of the Members lit loast thirty days in advance of such meeting.
The due date for tbe payment of /lny special assessment shall bo
fixed In tho rODolutlon authorizing such assessment. Any'special
lIasessment levied by the Assoolation pursuant to this Section ,4
shall be the same per 0l<01lin9 Unit (1ncludlng Owel,ling Units"in
a bUilding under single ownersh1p). ' ,
"
Soction 5. Commencement OP AnnUli 1 Asse~sment. The IInnulll
. assessinont period shall commenca on the first dAY of the ,month
'folloliln9 the firs l: conveyance by the Developer to the O\~ner of
any Oliellinq Unit in Phase I. The first annual assessment shall
be made for the balanoe of the assessment year and shall become
due and payable and a 110n on the Owelllnq Un.l.ts as of tho date
of oonveyance of the first O\~elling Un1t as aforesaid.
Soctlon 6. Reserve for Replaoements. The Association mu~t
establish and maintain an adequilte reserve fund for replacements
by tho allocat10n and payment (from each month's installments of
the annual assessment) to such reserve fund of an AmOUnt to be
dosi9nlll:ec1 from time to time by the BO/lrd of Diroctors ,f, the
^~sociation. SUch fund shall be conclusively deemed to be a
common fund of the Association and shall be cred.l.ted upcn the
books of tho Association to the "Pa1d-1n-Surplus" acoount as a
cap1td oontribution by the Hembers. Such fund shall be depos~ted
' in II spoclill account Id th a lenu1ng in~til:ution the accounts of
which lira i!1nured by an agoncy of the Unitod States of America or
loay, in tho disoretion of said Board of Oirector~, bo 1nvested in
obliq/ltions lihich are fully guaranteed as to principal by the
United States of ^merlca. The renerve may be expanded only for
rllplc1cemonts of tho COlMlunil:y Facilit.l.es. The' proportionate in-
terost of any ~lember in such reserve shall be considered an' ap- ,
purtenance of his Dwelling Unit (1ncludinq Owellin9 Un1tll in-
cluded In a buildinq under sinqle ownership) and shall not .be
' separately withdralin, assigned or. transferred or otherwise sep-
aratod from the pt'operty to which it apperta.l.ns and shall be ::
dlllemed to be transferred with 'such Dwe1l1nq Unit ,0r,Unit..
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Section 7. . Assessment cortificates. The Board of Directors
of' the Assooiation shall prepare and maintain a rostor tif the .
D'lielling Units (lncluding Dwelllng Units within a building unde!;
sin91e ownership) and the annual and spocial asoessments and
charges currently applicable theroto and shall make such ~ostor
available tor inspection of Members upon roquost. The Assoclation
,shall, upon demand, at an'( reasonable time ,furnish to any Owner
liable for any assessment or to any first mortgagee of a D~elling
Unit ur building containing Dwelling Units a certificate in writing
signed hy an ofUcer or other authorized agent of t,he Association,
stating whether such assessment or charge is paid or unpaid. Such
certificate shall be conc:lus,lve evideMe of ,the payment of any
assessment or charge therein stated to have been paid. A reasonable
'churge may be levied in advance by the Association for each csr-
tificate so delivered.
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AnTICLE VI
NON-PAnlENT OF ASSE:SSMENTS I REIlEDIE:S I SUDOnDIlIATION OF LI!lli,
SecHon 1. Non-Pi1:i!!:!ent of Assessments. Any asse9srnent or
installment tharoof levied pursuant to these covenants which is
not paid on the date \~hen due shall' be delinquent and shall, to-
gether with interest thereon and costs of collection as hereinafter
provided, become a continuing lien upon the Dwelling Units against
whiCh such assessment is levied pursuant to Sectton '1 of Article V
horeof. All assessments shall bind such D\~el1ing Unit or buildinq
in the hands of a~ 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 per-
sonal joint and several obligation for the statutory periQd.
Section 2. Remedies. If any assessment or installment thereof
is not paid within thirty days after the due date thereof established .
by the Doard of Directors of the Association, tho delinquent amount '
shall bear interest from the due ~ate thereof until paid at a lawful
rate established by resolution of the Board of Directors of the As-
soci~tion at the beginning of each ~ssessment year. The Association
may l~ing an action at law against the Owner personally obligated to
pay the same or may foreclose the lion against the Dwelling Unit
or bu ilding centainingmuHiple Dwelling Uni ts in tho manner pro-
vidod by law. In either Client, the Association shall recover from
such Owner or out of the proceeds of foreclosure accrued intore~t
and costs 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, abllndonment or non-\Ise of hls bwellin9
Unit or Units. '
So~tlon 3. Subordination of Lion. The lien of tho assessments
provided for in this Declaration shalr be subordinate to (a) the lien
of any real ~state taxes' or general or special assessments by the '
local taxlng authorities imposed on the Dwelling Units or building
containing multiple Dwelling Units, (b) the lien of any first
mortgage now or hereafter placed upon any Dwelling Unit or building
containing mULtiple Dwelling Units subject to assessment, and (c)
liens created pursuant to any DeclaratIon Creating and Establishing,
a Condominium pursuant to ths Unit Property Act by reason of unpaid
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..Iollment to the Council of luch Condominium having jurildiation
over any Dwo),l1n9 Unit or Units. In /HldiHon, a first mortgageo.
of l1-ny, Dwelling Unit Ol' bullding containing mulHple Dwell~r\\I'.
Unite .who comel into possession of II Dwelling Unit or buUdinq'
. " contAining multiple D\~elUng Un1ts pursuant to t:ho remeelio.s pro"
vie!ce! in the mortgage, foreclosure of tho mortgage, or doed ,~n
liou of foreclosuro, shall take the DWelling Unit or buildirig .
froo of any claims for unpaie! charges or assessments of the
A8Dooiation at the time, but not after.the time, such mortgagee
comos into posses don of the D\~elling lInit or bUilding /oxcept
for olaims far a pro rata share of such oharges or assessments
r~Bulting from a pro rata reallocation of SUch ohargos or assess-
m~nt.s to all Dwelling Units inolulling the mortgaged premLsu). '
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!ill.TICLE VII
M!\NAGE~U;:NT AGEN't
"
'Seot,ion 1. Mana The Association milY employ ,II"
. '. ,professional management aCJont the "Hanagement Agent") or other '" ',.'
....", prOfessionals, at a rate of compensation to be established by tho".
' 'Doard or D!,rectors of the lIosocil4Hon, to perform Buch duties IInd
'eervicos as the Board of Directors shall authorize.
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ARTICLE VIII
INSURANCE, CONDEMNATION
Section 1. Insurance for nenefit of Association. Unless at
least throe-foul'ths l3?4ths) of tho mortgagees holding first mort"
gagos on roal pl'operty encompassing throo-fourths' /3/4ths) of
the Dwelling Units give thoir prior written approval to a different
typo or amount of insuranoe coverage, the AssociatiOn shall obtain
ane! maintain the following insurance Coverage I
/al Insuranoe coverage on. all insurable Community Facilitios
affording protection against 10s9 or damage b,y firl! and othel'
hllzare!s covoroel by the stanel,ull extene!od cov~rage entorsement.
Such covcr"go shall bl1 in an amount equal to the full replacc:'lment
v.,lue of Duch inllural>le Conununity Faoilitics as determinoe! annually
by tho Doard of Dircctofli \~ith the aosistance of the insurance
ccmpany furnishing such oovorage. Insuranoe prooeeds fot casualty
losses to the Community Faoilities, by the terms of the in~uranoo
policy or POUcies, shall be paie! to the IIssocint,ion and shall be
applied by its Doard of Directors to the repair, replacement or
reconstruction of such Community Facilities.
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/b) Fidelity insurance ooverage against dishonest: acts on the
part of directors, offioers, employees or agent, of the Assooiation
or ~lanl\3ument IIgent or volunteers 'or t.rustees who .are responsible
80JX 2,t3 (.ICE :;'13
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BY-LAWS
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OF
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~ESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.
.
ARTICLE I
NAME AND LOCATION
-----
Section 1. Name and Location. The name of this corporation
is ~IESTWOOD "VILL/\cTl!: COMMUNI'l'" /\SSOCIATION, INC. (hereinafter.
refer,r.ed to as the ':/\ssocinl:ion"). Its initial princip"l office
is located at 5082 Lilac Lane;---i1arrisburg, Pennsylvania or at such
other place as the Board of Directors may from time to time d3sig-
nate. 'G,.SO Wo~tlJJ",.."d i;:)ff~"'"
!\RTICLE II
DEFINITIONS
I
Section 1. yefinition!. Tho following words when usod in
these By-Lnws shall have the following meanings:
(a) "Developer" shall mE!<ln and refer to M.L.W. Construcl:ic,"
Corporation, a Mnryland Co~poration.
....
(b) "Declaration" shall mean and refer to thnt cortain
Declaration of Covenants und Restr.ictions, Westwood Village Com-
munity Association, Inc., Phase ~, dated January 29 , 1975, by
M.L.W. Construction Corporation, and recorded in the land rccorcb
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 r~al
property described in Exhibit /\ to the Declaration and any other
real property which may be deeded by the Develope~ to the ASsociation
together with the impr~vements erected and to be crected thereon and
any related fixtures or personal property.
(d) "The Properties" shilll mean and refer to all real pro.
perty which becomos subj(H:t to tho Declaration other than the
Community Facilities.
(e) "Dwelling Unit" shall mean and refer to any portion of
a building situated upon Th~ Properties and dosignatccl and intendod
for use and occupancy as a residence by a s1ngle family, and may
include units so designated under the Unit Property /\ct of Penn-
sylvania, sin'11~1 fami.ly homes or units 1n a mUltifamily DuiluillY.
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Exhibit "B"
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(f) UOwner" shall mean and refer to th~ record owner, wh~ther
one or more perlons or entitie., of the fee simple title to any
individual Dwelling 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 refer to any person or entity which holds
luch 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-
ceeding in lieu of. foreclosure.
(g) "Member" shall mean and refer to all those Owners who
are Members of the Association as provided in Article III hereof.
ARTICLE II I
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!:lEMBERSIIIP; VOTlNG RIGHTS, ASSESSMEN1'S
SecUon 1. fo~ai Membership. The dl.1~h~rized number of mem-
berships of the Association shall be 1,852, of which no more than
926 shall be issued and outstanding at anyone time. The member-
ships shall be of two classes A and B.
Section 2. Class A Membership. Every Owner who, by reason
of the Declaration, is subject by covenants of record to assessmont
by the Association shall be a Class A Member of tho Association.
Each Class A Membmr shall be entitled to one vote for ~"ch Dwel:ing
Unit which such Mf!mber individually owns of record or which is con-
tained in a building which such Member owns of record; provided,
however, that thera will be no more than 926 Class A membershios,
all having one vol:e each. . .
Section 3. Class B MembershiE.!' There shall be 926 Class B
memberships, all of which shall be issued 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 exist~nce and is issued, on~ Class B mem-
bership shall InpRc and b~como a nullity. All Clnss n memberships
shall lapse and becoma a nullity on the first to happen of the fol-
lowing elff1nts:
(a) Whr.ll1 l:he total issu'Sld and outstanding Clast! A memberships
equal 926; or
(bl On October 31, 19811 or
(c) Upon the written surrender of said Class D memberships
by the than holders thareof for cancella~ion.
Section 4. Membership ~ssessments. Tho rights of membership
are subject to the paymont or annual and special assessments levied
by the Associ.ation, the obligation of which Qsse!lsmentn ill l.mposo(l
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. against each Owner of and becomes a lien upon the property against
which luch aSlessment. are made es provided by Article V of th~
Declaration to which The Properties are Dubject, which is recorded
in the land records of Cumberland County, Pennsylvania and which
provides as follows I
(a) Covenant for Assessments and Creation of Lien and Per-
lonal Oblicull:ion. 'l'he Developer for eaoh D\~el.Ling Unlt owned by
it or to he created by it Within The Properties her.eby coven~nts
and each Owner of any individu~l Dwelling Unit or any building
containing more than one Dwelling Unit by aoceptance of a deed
therefor, whether or not it shall be so expreascd in any Such
deed or other conveyanoe, is deemed to CovenRnt and agree to pay
to the Association: (i) <!Inntlal assessments or charges <!IS provided
herein, and (ii) special assessments to be fixed, established and
collected from time to time, as hereinafter provjded. The annual
ossessment~ 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 r.ecord and shl!:J.l bG a continuing Uen Upon the Dwelling
Unit or the building containinq mul~iple Dwelling Units which an
Owner owns of record and against which such aSSQssment 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
submJ. t ted to the Uni t Propp.rtl( J\c t, no part of the Common l':!emon 1:1'1
) of such portion of The PropertrOS-shall be subject to aSrle'JHlI10nt
by the J\ssoci.:ltion. !;:ach assossment, to']other with .lntoronL thoro-
on and cants of collection, shilll also bo the joillt illld 1l0VC'l'll],
personal obligntion of tha person, group of perilollS or entity who
was the Owner of the Clssl!!ssed property at the till1\! whl?n the ilS!10flS-
ment became due. Assessments mada by tho ASSOCiation, prior to
such time as the Developor has trilllsferred title to tho ConullunJ.ty If
Facilities !Jot forth in E:xhib,lt; A to the ARsoci.:ttion, I1h1.l!J. bo
paid to the Developet. t.o the extent reC]uiro\1 to FulfJ.l! the
purposes set forth in paragraph (b) below, but sh"U not exceed
the annual sum of $100.00 for each Dwelling Unit, and none of
the funds derived from such asseflsments may be devoted to expen-
ditures for capital improvements which are the sole res~onsibility
of the Developer.
(b) Pux:po~i of ^ssessnient. The assessments levied by the
Associationsha be used for the purpose of promoting the roct'oa-
tion, scenic enJoyment, healt~ welfare and safety of the Members
and in particul<lr for the .main teClancl:-of the Commun i ty l" ac.lli tie$,
inClUding, but not limil:ed tn,Eha payment of:
(i) All operating expenses of the Community Fa<:.i,Ut:!oa,
inClUding sorvioos furnishod, and
(ii) The cost of nece~sary management and administration,
inclUding Feos p.:Iid to any Nanl1gomont Agent I and
(iii) Taxes and assessments lovied against the Association or
upon any property whlch it may own or which the Association is
otherwise r!'!quircd to p"'y, .1nd
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~ (Iv) The cost ot fire and extended coverage insurance, com-
-' prehensive liability insurance, fidelity insurance und the C08t
of such other insurance a. the A..ociation may procure; and'
11 (v) ,The. cost of funding an adequate reserve fund for repl.de-
lf ment of the improvements included in the Community Facilities: and ,
~ (vi) The cost of repairs, maintenance and replacements of the
Community F&cilities.
(c) Annual ^ssessment. It shall be the duty of the Board
'of Directors of. the ^ssociation to determine the amount of th~ annual
IlSSQssment for each Dwelling Unit (including Dwelling Units in a
building unJer single ownorship) for each assessment yenr. The
annual assessment Shall be the same for each Dwelling Unit in IIn
lilJsessmeiii:"yearipr6vidEid, however, as 'tho Properties are expanded
to include more Dwelling Units or as additional Community Facilities
are obtained within any given assessment year, an approprinte and
uniform adjustment 0," tho rcmaininq insta,llmrnts of such assessment
shall be made in accordance with the aforesa d standard of treating
each Dwelling Unit alike for each full calendar month during which
it was part of The Properties, regArdless of its si~e or location.
The annual assessment for any Dwnlling Unit for any assessment year
(after the first annual assessment as provided below) shall become
due and payable and (I Lien agC1inst the O\~elling Unit or building
containing multiplo Dwelling Units on the first day of th~ first
month of oilch cillend,.r }'l!ar. Upon which it becilme part of 'I'ho
PropurtieR. 'l'hH UOi:lJ;,c! of ()~reC'~9.ql of tho AS90c.i.iltion Shil11 givo
i/ writtnn notict: of the annual assessment to each Owner ill', l()1Ist
' th,i.r.ty duys prior to the ~ir.st do}' of each assessment YCill:' and nl,.)ll
give further written notice of bhanges in assessmori~s reBulting ,
from expanBion of The Properties or Co~nunity Facilities a~ seon as
practicable after the filcts of such expansion are known. ^ssoss-
mants must be made on the b~sis of equal monthly installments with-
in Any assessment period except (IS affected by changes resulting
from expansion of 'rhe Properties or the Community Faci 1.1ties, said
instnllments shall be payable in advance on the first day of ench
calendar month.
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(d) ~pecial ^ssessmonts. In addition to the annual assess-
ment. author zod"iboVE:, t"he-^sso.;:iation may from time to time levy
a special assessment for the purpose of defraying in whole or in
part the cost of any reconstruction or unexpected repair of an
improvement located U[.lon the Community f'acilitios, incLUding t:he
n~~ ix res and ona1 ro ert: ralate
however, that any special aSSessment sha on y be levied hy a re-
solution approved vo Class of Hambers (based
ul'on the entire out:standJnq mem erships of each C ass)J at: a n'Qetlnq
dUly called for such purpose at which a quorum is prescntJ wrLtLnn
notice of whi.ch shall ll<1ve dlsc10sea tl1e purpuse at thCl moutlnq IInd
shall have been snnt to all of the Members /It least thi.rty d:IY" j n
advance of such meeting. The dUD date for the p~yment of ~ny
special a!iSeSSmE.'Ilt !1hal.t be fixed i.n the rescllutlon Ilutltr,rl;: lIlll
such aSSClssm~)nt. ^nY!lp'lcilll c!l!is~ssmont It''JIcd by the ^B50(:i.:Jti,'n
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pur8uant to this paragraph shall be the same per Dwelling Unit
(including Dwelling Units in a bUilding under single ownership).
I
(e) Commencement of Annual Assessment. The annual assess- .
ment period shall commence on the (Irst day of the month following
the first conveyance by the Developer to the Owner of any Dwelling
Unit. The first annual assessment shall be made for the balanco
of the assessment year IInd shall become due and payable and a
lien on the Dwelling Units as of the date of conv~yance of the
first Dwelling Unit as aforesaid.
If) Reserve for Replacements. The Association must est~blish
and maintain IIn adequate reserve fund for raplacements by the allo-
cation and payment (from each month's inutallments of the annual
assessment) to such resurve fUnd of an amount to be designated I
from time to timo 'by the Board of Directors of the Association. II
Such fund shall be conclusively deemed to be a COIMlon fund of the II
Association and shall be credited Upon the books of the Associa- .
tion 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 are insured by,
an agency of the United States of America or may, in the discrQ-
ticn of said Ooard of Directors, be invested in obligations which
are fully guaranteed as to principal by the United Statas of
J\merica. ~J'Elsef~~!~!!Y .12.e~?CPEl,nded -~!'lJY.f..o,r .F.9L?lAc9n1cn ts,. af. J;.b.c
C9mm~Aty Facilities. The proportionate interest of any MembQT. .
in suc rei;'er\re'sl1;1"ll be considared an appul-tenance of. his /Jwull-
ing Unit (i.ncluding Dwelling Units included in a buiJ.dinrJ under
single ownership) and shall not be separately withclrllwn, assigned
or transferred or otherwise sap.rated from the property to which
it appertains and shall be deemed to be transferred with such
Dwelling Unit or Units.
(9) Assessment Certificates. The Board of Directors of the
Association shalf prepare and maintain a raster of the Dwelling
Units (including Dwelling Units within a bUllding 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, a t any reasonable time, furnish 1:0 any OWne r liable
for any assessment or to any first mortgagoe of D Dwelling Unit
or building containing Dwellinu Units a certificate in writing
si~ned by an officer or other Iluthorized agent af the Association,
stating whether Such assessment or ch~rge is paid or unpaid. Such
certificate shall be conclusive evidence of the payment: of <lny
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 dolivered.
(h) Non-Pa~ment of Assessments. Any assessment or install-
ment thereof levied pursuant to these Covenants which is not paid
on the date whon due shall be delinquent and shall, together with
interest thereon an~ costs of colluction aD hereinafter provided,
becomCl' a continuIng liun ut'Cln the Dwelling Unit or building
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containing multiple Dwelling Units against which such assessment
i. levied pursuant to this Article. All assessments shall bind
euoh Dwelling Unit or bUilding in the hands of an Owner, his
heire, devisees, personal represent~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 asse.ssment or i,nstallment thereof
is not paidWI''tilin th1rty 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 the beginning of each assessment
year. The Assoc1ation 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 OWnei' or out of the pro-
ceeds of foreclosure accrued interest and costs of collection,
including but not limite~ to, reasonablo attorneys' fees. No,.
Owner may waive or otherwise escape liability for the IIssessmonts
provided on this Declaration by non-use of the Community Facili-
ties or by abandonment or non-use of his Dwolling Unit or Units.
)
(j) SUbordination of LIen. The lien of the assessment: pro-
v1c.1ed for in this DOclarlltioii'"'"S'hall be subordinate' to (i) the
lion of any t'(~n1. eRtato taxon or general or speciill illlHnr;um<'nl',s
by the local taxing authorities imposlild on the D~/ol.ling Units or
building containing multiple DIJelling Units, (H) the lien or .tny
first mortgage now or hereafter placed upon any Dwelling Unit or
building containing multi~le Dwelling Units subje~t to assessment,
and (iii) liens created pursuant to any Declariltion Creating and
Establishing a Condominium pursuant to the Unit Property Act by
reason of unpaid assessmellt to the Council of such Condominium
haVing jurJsdiction over any Dwelling Unit or Units. In addition,
a first mortgagee of any Dwelling Unit or building containing
multiple Dwelling Units who comes into possession of a Dwelling
Unit or building containing multiple Dwelling Units pursuant to
the remec.1ics provi,letl ill t:.he mortgage, foreclosure of the mortgAge,
or deed in lieu of foreclosure, shall take the DWolling Unit or
building fro~ of any claims for ullpaid charges or Assessments of
the Associ-!ltion at the timo (but not after the time), such mort-
gagee comes into posllassion of the OWQllinq Vnl.t 01: hU.l.l"in~ (QIOClepll
for claims for a pro rata share of such charges or assossments
resulting from a pro rata roallocation or such chargos o~ aS$QSS-
mants to all Dwelling Uhitll incluaing CIIU IllortyClYUU pL'''"I1.Su~1 .
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Section S. Suspension of Mambarship R.i.q!l!:.!. The momhorship
rights (uxcopt:. for the rights to Lhe usn of the streets, roadwaYB
and parking areas) of ^ny person whose interent in Tho Propertios
is subject to assussments by the Asnociation, whether or not he
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b. p.r.o".uy obli9at:.d to p,y .uoh ......m.nl:l, m.y 1:10 .u.p.nd.d
by aotion of the Board o~ Dir.otor. during the period when the
......,".nt. or .ny inst.llm.nt th.r.of. r.main Unpaid ,but, upon
" paym.nt ot .uoh ......m.nt., hi. ri9ht. and privileges shall be .
automatically restored, If tha Board of Directors .hall have adopted
and published rUle. and regulations gOverning the Usa ,of the,
Communi ty FaCilities, and the personal conduct of any !Jorson there-,.
on-violates any such rule or regulation, then tho Board ot Dir.c-
. tor. may, in their discretion, .Uspend any' voting r1g'ht.. and th. '
rillht. to the use of the Community Facilit:il!s (except for: the'
,right, to .the use of the streets, roadways and parking' areas) tor.
· period not to flxeeed thi rty days. ,
. . Sect:!on6, Delegation of !!.ighti-' Any Member may deleg'ato II..
hh rfght of enjoyment of the Commun ty I."aoilitios 't:o (a) member. f'
of hh family, (b) his guests', and (c) his t:onants who'resido
. within. Dwelling Un!'t and their families and guests, SUbject,
however, ,to the provisions of the.e BY-Laws and the rules and
rllguh,tions which lnay be adopted by the Board of Directors as
hereinafter provided.
.,
Section 1. P!.oce of MeOl:!nqli. Maetinl)tl of ~he R1olllbcrr.hip
shllll be h(lId nt: t1'11 principal ofHce or place of IJUl]il,HHI~ of t:hu
ASSOciation or at: such other suit~bl~ place convoniont: to the
member,$hip as may be designa ted by the Board of. Oi r~ctc:>rs.
Section 2. Ann!!.!! Meetin.2.. '1'he first annual meeting of the
Members shall be held a.t Such time as the Board of Directors
shall determino, but shall beheld, in any event, within ono year
of the elate 'of incorporation of the AssOciation. Thereafter,' the
',// annual meetings of the Members of t.he ASSOCiation shall be held
if on t:he first Wl!dUl'1':day oF, ~13:" ~"cll llUcceodiug year. At', Ouch meet-
ing', there shllll be elected by plurali ty ballot: of the Membars a
Board of Directors in accordanco wi th the requirements of Section,
4 of Articlo V of theso !ly-Lmls. ,'!or.'.bers may also trans,llct such'
othor business of the ^ssoci~t:ion a~ may proporly Come. b~forot.~Qm.
.. ~ection). Seecial MQet:in~. It .h~ll be t:ho duty of tho
Presiaent: to call a IpaQi~lmQQting ot M~mberft 4R diract:ed by.'
r..olution of thca DOllrd ot Dirl1ctoi-a or 'upe," " pott 1:1011 I.ont"'1 p"n~
sGntcad to tho Secretary which is aigried by the ClasR ^Membor. . .
then entitled to castohe-fourth 11/4t.h)of t'ho votes of t.ho Cla.. A
memberShip. The notice of any special meeting shall stato' the,. ....'
Ume and plnce of Such meetinq and the purpose thereof. No bud- ,. .,.
ness Ihall be transacted at: a special meet:ing' except. as 1t.II~Qd ~~ \i
the notice.
ARTICLE IV
MEETING OF MEMBERS
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.eotion 8. ProHi.., A M.mb.r may appoint any nth.r Memb.r
or the Devoloper or th~ Manaq.ment Agent a. hi. proxy. Any proxy
mUlt be in "!dtin9 and mUll: b" Uhd with th. Secretary ,in form
approved by the iloard of Director. b.fore the appointed time 'of' . .
eaoh m..ting. Union limited by it. terms, any proxy shall continue
until revoked by n written notice Gf rovocation filed with the
Secr.tary or by tho death of the Member.
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Section 9. Order at BURin.... The order at bu.iness .t
annun1 meetinCJs of Rii",b~rn shuLL ,6. as fol,tows I
ea)
(b)
(c)
(d)
(e)
(f)
(9 )
(h)
(i)
Roll call and certification of proxies.'
Proof at notice of meoting or waiver of notice.
Rending of minutes of preceding mectin9'
noportRot officors, if any.
Rupartsof conooitteeo, if any.
Unfinished business.
New CU!lincss.
Appointment of. inspecto'rs of eleotion.
Election of directot'R.
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In the case of. spechl meetings, items (a) throuqti (e) shall
be applicable and thereafter the agenda shnll ,consist of ,the itoms
speci,fiotl i.n thu noUeeof meoHI\g.
ARTICLE V
DO!~D OF DIRECTORS
Seotion 1. Number and nualificntion of Directors. The affaits
of the AIJ/:locintlon s/1LI11 IJ~ 90vernEfd by the noard of Oi!::ectors com-
, I
posed of at lenst: fivl3 natural pC!rsons. After the lapse of aU .'
of the C1QSf,l 13 IlIemberRhips I1S provided in Articlo III of thene By-
Lawo, all Directors shall be Members. ,
I Section 2. Powers and DuHoR. The Board of Directors shall
have all tiie powors And duties I\ncossnry for tho operation, main-
tenance and ft(lminintration ,of the COlnl1lunity Fnc.ilities and the
affairs of tha hs~ociation and mny do ~ll such acts and thin9s a.
arEl not: by law, the hrticlnR of Incorporation. the Declaration or
theso By-Laws direct~d to ~e exorcised and dona by the Membor~.
The powers ,and dutia~ o~ thu Bo~rd of Directors shallincludG,
but not be U",i tad' to: .
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(a) Determination ftnd colleetion of annual and specilll ".0.._,
menta from Members, the m3intonanco of llroater of assossmont,'
andchIlL'~es nppllc.:\blu to cinch Olmer and hill Dwe11in<] Unit: or Unit.
and'the onforcC!lnent of. lionR thornEor in a manner consistent with
law and the pro v lllions of: those Uy-Ll\wS and the Oec !antion I,
(b)
Dwelling
Maintt<lllanco 'of CI rost:er of first mortgagees of.each
Unit or b~ii~in~ oontlln1n9 multiple Dwelling Unitsl
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(0) Designation, hiring, dismissal and obtaining ot a Manage_
ment Agent or ot the personnel and services and materials necessary
tor the good working order and operation of the Community P'acili-
ties and the payment ot all expenses and expenditures of the Asso-
Ciation for which assessments are authorized by the Declarntion
or these BY-Laws/
(d) PromUlgation and enforcement of SUch rules and rcgulation.
and admission charges and fees and SUch restrictions or requiremants
as may b. deemOd proper respecting the use and maintenance of the
Co~nUnity Facilitias, all of which shall be consistent with law
and the provisions of these By-Laws and the Declarationl
(e) Preparation and distribution to each Momber of an annual
report which shall include the annunl financial statements her.ein-
atter prOVided and which shall sununari:1:e the operations and actions
of the ASsociation and its receipts, expenditures and r.eserves; and
(l) Performllnce of all other duties, obligations and rights
of the ^ssociatlon and the Ooard of Directors as set forth in thu
Articles of Incorporation, Declaration or these By-Laws.
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~ction J. Manaqement ^2ont. The Board of Directors may employ
for the Associatioll .1 Pr.Ot!lssfonal management agent I the "~l(1l1ago-
ment Agent" ) at a rate of compensation established by the Uoarr.l
of Directors to perform Such duties and services an the Board of
Directors shall from time to time authorize.
Section 4. Election ~nd Term of Office. The term of the
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Directors named hur.e.in and the ArtiCles of Incor.pc>ration shall
expire when their IlUccesso~'s have been elected at the firl'lt annual
meeting of Member.s and are dUI~ qualified. At the first annual
meeting of Member:;, the ter.m of office of the two Directors
receiving the gre<ltest number of votes shall be fixed at three
(3) years. The term of of fiCA of the two Directors r~ceiving the
second greatest number oF. votes shall be fixed at two (~) years,
and the term of office of the other Director shall be fixed at
one (1) ye<lr. At tho expiratinn of the initial term of office of "
each respectiVe Director, his successor shall be elected to serve
a term of three (.1) yea~'s. '!'he Directoro shall hold office until
their successors have! been eloctl!ld and qualified.
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Section S. Vac<lncies/Rcsiqnation. Vacancies in the Doard
of Oirectors caur,edby'iiilY 1;'OOllon Qt:.hor t:.hllrl the 1;'en1CWIl.l. of! A
Director by Q Vote ot: f.lernbet'U shall be filled by vote of thGl
majority of the romaining Directors, even though they may consti-
tute less than a quorum'; IInd each person so olected shall be II
Director until <l SUcce~sor is elected by tho Members at the next:
annUal meeting to serve out the unexpirod portion of the term.
Any Dircctor'may rosign at IIny time by giVing written notice of
such resignation to tho Do~rd of Director.s.
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Section 6. Removal of Directors. At a regular meeting, or
.t . .pecLal mGeting duly called for such purposo (but only ~ft_r
the first regular meeting of Members as hereinabove provided), ~
.ny Director may be removed with or without cause by a vote of
fifty-one percent of the eligible votes entitled to be cast by
Members, whether or not present and voting thereon. 111 successor
may then and thero be elected to fill a vacancy by majority vote
of Members present and voting thereon in person or by proxy. The
term of any Director who is a Class A Member and who becomes mora
than 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.
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Section 7. CompenAation. No compensation shall .be paid to
Directors for their services as Directors.
Section B. Annual' Meet~. The regular annual meeting of
the Board of Directors without other notice than this Dy-~aw,
shall take pIneo immet1iately afte,r, and at the Game pInel!) IHI, the
annual meeting of Members.
Section 9. Reqular Meetinqs. Regular meetings of the Doard
of DirectOL's may be held at: such time and place as shall be detl!r-
mined, from timl! to time, by a majority of the Directors, but af
least four (4) such meetings (incLUding thl! annual meeting) shall
be! held cluring the fiscal year. Notice of regular meetings of tho
board of Dir.ectors shall b" given to each Director, personally or
by mail to his address as it appears on the records of the Asso-
ciation at the time such notice is mailed or personally delivered,
at least six days prior to the clay named for such meeting.
Section 10. Special Meeting~. Special meetings of the Board
of Directors ",a~' be called by the President cf the I\ssociation on
three days' notice to each Director given personally or by mail
&8 hereinabovo provided, which notice shall state the time, plac~
and purpoRe of the meeting. Special meetings of the Board of
)irectors shall be callecl by th~ President or Secretary in like
anner and on like notico on the written request of ~t least ono-
hird (1/3) of the DirectorR.
Section 11. Waiver of Notice. Before or at any meeting of
he Board of /)irl!ctors, any Dfi:cctor may, in writing, wilivu notice
f such meeting and ~uch waiver Hhall be deemed the equival~nt of
hG giving of such noti~.. ^LtQn~ftnaQ by n DlrnQ~Qr dt any m.Qh-
"g of the Doard of Dir.ectors nhall be a waiver of notice by him
f the time, place and .purpose thereof. If all the Directors are
resent at any meeting of the Doard of Dirp.ctors, no notice shall
· requirecl and any business may be transacted at sucn meeting.
Section 12. 'Quorum. At all meetings of the Board of r>irec-
ors a majority of the 5irector~ shall constitute a quorum for
he transaction of bu~ineRs, and the act~ of the mnjority of the
irectors prl!sp.nt ~t il tna..~ting at \~hich a quorum i9 present shall
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be the acts of the BOlrd of Directors. If at any meeting of the
Board of Directors there be lesl than a quorum present, the major-
ity of those prement may adjourn the meeting from time ~o time.
At any suoh hleetillg, Iny resWllption of business which might have
been transacted It the meeting as originally called may be trans-
aoted without further notice.
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Section 13. Action Without Meetin*. Any action taken
Board of Di~ectorR required or permitte to be taken at any
lng ~ay be taken without a meeting if all of the members of
Board of Directors shall consent in writing 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. ~asements. The Doard of Directors is authorized
and empowered to grant such licenses, easa~ents, rights-of-way
for utilities and other purposes as are authorized in the Declara-
tion.
)
J\RTI CLE-Y.!.
OFFICERS
Section 1. nesiqnation of Officers. The principal officers
of the Association shal1-beal'r:csiclent, a Vice PreRident, a Secre-
tary and a TreaRurer, all of whom shall be elected by the Board
of. Directors. After the lapso of all Class B memberships as pro-
vided in Article III of thcsa By-Laws, the officers of the Asso-
ciation shall be M~mberR. The Directors may appoint an assistant
secretary and an assistant treasurer. The ~ftices of Secretary and
Treasurer may ~e filled by th~ same person.
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Section 2. Election of Officers. The officers of the Asso-
ciation shaTlEe"cloctedii"ilnui,1lJ.y by t,he Board of Directors at the
IInnll1.11 meeting of I!i;lch now f.Io<Jrd and shall hold office at the
pleasure of the noard of Dir0~tors.
Section 3. aelT'o"<I.!_l2!.-2E.f.tcer!. Upon an affirmative vote
of a majori t,y of thl! m~mbers of l:he Board of Directors, any officer
may be removt1d either wit',h or wil;~Clut cause, and hill successor elected
at any regular MAeting uf tho Board of Directors, or at any .peaiel
meeting of the Doard of ,~irectors called for such purpose.
Section 4. President. The President shall be the chief ex-
ecutive officer. of the;i~;(Jcil.ltiol1. He shall pre!'lide at all meetings
of Members and of the DIHlrd of Di rectors. Ill'! shall have all of the
general powers and duties which ar~ usually vested in the office of
president of 1\ corporatL~n.
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Section S. Vice rreuident. The Vice President shall take
the pl.clII of t.ho Praslelen!: and perform his duties whenever the ,
President shall be absent or un~ble to act. If neither the Presi-
dent nor the Vice Pronidont is able to act, the floard shall appoint
Roma other member of th~ Doorn to do so on an interim basis. The
Vice presldant shnl1 n1no porform such other duties as shall from
t.ime to time be designated to him by the Board of Directors.
Section 6. fJecr.eti:l!y. Tha Secretary shnll keep the minutes
of alr moutinC)ll or:-1iie"1iollrd of. Direc:tors and tho minutes of all
meetings of Membel:!J. 110 !lh1111 have custody of the seal of the
Association and he !1hall have chargp. of the membership transfer
books and of such other books and papers as the'Doard of Directors
may direct. Ifo !1hall, in glJneral, porfor.m all the duties incident
t.o the of rico of fJecret~ry.
Soctinn 7. 'Proaiiurol:. 'l'I\l~ TrGlMIUl'er shall have r.osponsibi-
lity for^i1;iOcilli:Ton (1IIlliii' <lnd Bocu.t'itiun and shall bIJ rOilponllible
for I;he kocpl.llg of full un(1 .1CCUJ:ilbl nCI:ounts of illl rQceipt!l a!1<.I
dishursen1C1ntn in IJooks b1dollyillq to tho l\nsocillt:l.oll. 1113 shnll. bl.!
responsible for the dr,'pnnll: ('f. I'l!. O1onr~Yt: alHl othor valul\ble effects
in t,hc lIilllle, ilnu I,(J ~,Iw c:r.f:'cl,i 1:, of t,he l\H~nciation in llllCh deposi-
I:ories a:'l may ft'OIll timel to I:imo be dll11 Lyniltecl b1' the lJoard of
Directors.
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M!!~I~!LY_!..~.
FISCl\L MlITTEHS; Sel\L
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Section i. FlsCill Year. Tho flnc:al yenr of tha l\nsociat.ion
shall bog.l.li'(jn~';'-ffiilt/TCI,y of ,Ii'\l1l1ilry (lVe'ry Y(:i1r, f:'1Wcpt for tho
firllt.', fincal year o.f tlw l\w10d,i:Ition ',oIhic.:h !lhilU. bO':.fill on tho date
of incorporation.
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Section 2. nrJtlks and l\C:COlllltS. Books Ilnd accounts of the!
l\!!noc:inl:i~IIi11.1 'i)17T(;~;"[,lii',C:il;r"-~11'1 u.trcr:tlon of thl1 Treilsurer in
nccl'r.di1llr.'() with '.!'."Hll:'ill J.'t "c';ct't.cu i1CCOLlllttll'J principlo!>. Tile same
shall includo bno~s with u~tailnd account~, in chrol101ogical order,
of the rec~ipt<l illll,1 ol ~,hf! 'D:PQndit:ur~!l ,.,f: the I\usociation and its
administ:ration tlnel sh,:\11 IlpflciJ:y the Jnilint~nance allel repair expenses
of th('.' Comrllln,Lty r'lcl I! 1:1....,' ...nr) I1ny other E!XP"nfHII'l ,incurred. ^n account
of any roscrV09 antnb111lhnd by the nOilru of Director~, inaludln9
addition" thoreto ilncl disbuL':lemcnl:!l thoL'p,of, shall alllo be maintained.
That amoun\: of any il(;"Ein",nl:n1:: r<.1'1ui.red for payment of any capital
expendituras or re5flr....(~n 1'l11atl1d t.1UlL'(lto of the l\9sociation shall
be cro(lited upon lilt! bt,,~I<fl of I~h~ l\n~,(lciQl:.iol\ to the "Paid-in-Sur-
plus" i\ccount Iln " capit,'ll cnnLri.hutl.oll lJy ~l','lIIheL's.
Scct~2.!l...l:_~"n1l!?S'~~.~.!,~"...!?L.~l:'~~~' 'l'h~ bool:s llnd accounts of
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the Association shalL be aVbilable for examination by Members or
their 'duly authorized agents or attorneys, and to first mortgagee.
of record af any Dwelling Unit or bulldinc; containing multiple
Dwelling Units or their duly authorized agents or attorneys, dur- ,
ing normal bUlinoDs hours and for purposes reasonably related to
their interests. '
, "
Beotion 4. 1I.udit. At the cloDe of each fiscal year. the" .
,books and ,records of the I\uociation shall be audited by an inde-
pendent certified public accountant whose report shall be prepared
and certified in accordance with geneI'lI.llY accepted auditing st'an-
, dards. The I\s90ciation shall f\lrn ish such repor t and the accompany- ,,',
in~ financial statements to the Members. Copies of such report
and statements shall also be furnished to any first mortgagee of
any Dwel1in~ Unit or building D.l.tunted within the Proporties.
I', '
Section 5. .Seal. The Board of Directors shotl provide a
suitable corporate seal containing the name of tho 1I.ssociation.
which soal shall ~~ Lh the charge of the Seoretary.
, ,
II.RTICLE VIII
1I.HENDMEN'l'S
, ,
)
Section 1. 1\mendmont!l. These By-La",s !nay ba amended by a
resolution npl'rovetlby ,,"iiiiijority vote or. each Cllls!! of loIembers
balled upon the entire outstnnd.l.llg memberships of. e<lch Class at a
mee tin9 duly en 1] Cldfor !lulCh purpose at wh ic:h a quorum is present,
written notice of \~hic.:h !lh.lll h/lve di!'lclosed the pllrpofle of the
meeting and clescl:'ihp.c1 the pr",p()~"':l(l amr~ndl1lent,' and which shall have-
been sent to all of. the Membet't1 nt least thirty doys ill advance of
such meeting I provi.ded. ho~mver, that no such amendment shall be
pllAsed which wl)ulcl mllke these ny-Laws incon!listerit with the Deo::ll1-
ration or which would alter the rights of first mortgogeci of
record /HI !let forth in tho D(!claration or. th(!!Ie lly-La\~fl unless
the requisit:u numher of fInlt mortgagees have given tho.l.r QPprovol
as required by tho Dccl/lT.ation.
l'RTICLE IX
IU SCI~LL~NEOUS
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Section 1. Conflict. These By-Laws are subordinate and sub~
:lecti. to all prOVisions of. tho Doclaratdon. In thlll eVCll1t of a"1 . , ",
conflict between these' By-T.I\W9 and the Declaration, th'o ('rovl.sions
of the Declaration sholl control.
. ~"
.../
Sect!.on 2. Committee!;.' The Board or birectors may" '"
from time to time. I1ppointsuCh committees as it considors n.c....ry
or appropriato from tho m,!mberllhip of thlll Corporation. each of ,.':
which shnll conAi"t oC a chllLrmlln and at leant t.wo (2) other
, .
"
CASg NO: 1998-02287 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHERIFF'S RETURN - NOT,FOUND
h'!;STWOO!LYJ LLAl,-~ CO!1)1UN !TY_
VE;.
ER~~Y MELINDA M
-
.Jh. Thc,mat>.. KlinE'
, ShE'riff, who bE'ing duly sworn accc1rding
to law, says, that he madE' a diligE'nt search and .inquiry for thE' within'
namE'd defendant, to wit.: ERWAY MELIND.Ll:L_, __
but was unable to locate ~L-- in his bailiwick, He therE'fore returns
thE' NOTICE _AND ,COMPLAINT
NOT FOUND , as tc thE' within named defendant
ERW A Y MELI NDA M
DEFT. MOVED AND LEFT NO FORWARDING ADDRESS WITH_
I.HE p, O. _
18,0Ql
9.92
. QlQl
5.Ql0
$33,92 SAIDIS, GUIDO, SHUFF & MASLAND
Ql~i/Ql5/ 1998
Swotn and subscribed to before me
this S"!::- day (If -lVt..,'-<.p
19__.1L. A, D.
Sheriff's Costs:
Docketing
Serv.ice
Aff.idavit
Surcharge
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WESTWOOD VILLAGE COMMUNITY
ASSOC~ATION, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'I'Y, PENNSYLVANIA
CIVIL ACTION - I.AW
v.
MELINDA M. ERWAY,
Defendant
98-
COMPLAINT
AND NOW, comes the above named Plaintiff, WESTWOOD VILLAGE
COMMUNITY ASSOCIA'rION, 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 Defendant, Melinda M. Erway, ("Defendant"), is an
adult individual who resides at 851 Melissa Court, Enola, East
pennsboro Township, Cumberland County, Pennsylvania,
3, The Defendant is the owner of a condominium situate at
and known as 851 Melissa Court, r:ast Pennsboro Township, Cumberland
County, Pennsylvania (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, In.::" dated January 29, 1975, and the amendments
thereto recorded in the Cumberland County Recorder of Deeda Office
at Miscellaneous Book 213, Page 364,
(the "Covenants and
Restrictions") which Covenants and Restrictions as amended' are
incorporated herein by reference, A copy of the relevant portio~
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1998, respectively, in the amount of Fourteen and 00/100 Dollars
($14.00) each,
8. Defendant purchased the Property under and subj ect to the
Covenants and Restrictions and the By-Laws and became personally
liable therefor,
9. Despite demands by the Plaintiff, the Defendant has
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. 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 Defendant has damaged the Association by her 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 fili~g 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 fOllowing:
12 months of 1997
3 months of 1998
Interest to 4/1/98
Legal Fees
$168.00
42,00
8.40
737.50
TOTAL DUE
$955.90
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DECLARATION QF COVENANTS AND RESTRICTIONS
WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.
, '
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THIS DECLARATIO~, made this 6~9~ day' of
1975, by H.L.W. CONSTRUCTrON CORP RAT ON, . Har
(hereina!t.r re!erred'to a. the .DeveloR.~.).
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WHEREAS, the.Developer is the tee simple owner'of ~ortain .
roal property located in East Pennsboro Township, Cumberland County,
Ponnsylvania and more particularly describod in Exhibit II attaohed
' hereto and made a part hereof, which red property and any other
roal property which may be deeded by the Developer to 'NESTWOOD
VILLACE COMMUNITY ASSOCIATION, IIIC. togethor with the recroational
' and other community tacilities, improvements and Open spaces being
developed thereon i. hereinatter reterred to a. the .Cummunity
Facilitiu., and . , , , ,
~ , '.
~IHEREAS, said Community Facilities are being deVeloped tor
the usa and benetit of a residential community:~onsisting ot ap-
prOXimately 926 dwelling unit. to be constructed in, ti~.. or ,more
.' phu.. on five adjacent tri'cts of real prope~ty, al1d .:,:1;,,'(', ',,:,: ' ,
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WIIEREAS, the Developer desires to p,rovide .tor the 'proservation
ot values and amenities in said community and tor the'maintenance
and opor~tion ot the Community Facilities, and, to s~ch end,'do.ir~. ~
. to subject the real property constitutinq each of the:,phaae5 ot.
rosidential development, as tho construction ot each such phasa (
is completad, to the covenants, restrictions~ easoments, char9o.~
assessmonts and liens hereinatter set forth, each and all ot whic~
are tor the benoUt of the communi't.y'and each ownertheroin/ .n~
.... ...
, ,
WUERtAS, in t'rder to so preserve the'values and,'amonitiu in
the co~~unitYI tho Developer has deemed it dosirable to croote
an entity to which the Community Facilities should be deeded and
to which .hould be delogated and assigned the powors and dutios
ot maintaining, operating and administering tha Community Facili- "
tios and administering and entorcing the covenont. and rostriction.
and collecting and disbu~.ing the.a~s.s.ments and cnargas herein-
atter created/ and ' ,.':" ';""
"
" '
~IIIEREAS, the DeVeloper has incorpora ted under the la~lI 'ot , '
the Conunonwulth ot Pennllyhania, as a non-proUt menlbenhip , ..
corporation, 'WESTWOOD VIr.LAGE COMMUNITY ASSOC!ATION, INC. Ie" the, ,: ,,'
. . /... . .".'~- ,.1 ..,.:'I::..,:.:....~.',;. :'.~..:.:...:.>.. ..... .
.:' . EVHI"'IT "A'''~' """"'.';,I"<1,,:.'.1..,.,.~:,.~'/"'" , :'
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entity to whLch the Community FacilitLel WLll be de'ded for ,th.,
purpolI of exercising ,the ator8l4i'd tunctional, 'and '
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WHeREAS, Phale I il being contemporaneoully lubmitted to the
provLILonl ot the Unit Property Act at PennlylvenLa pUr.uant to .
recorded Declaration Creeting ~nd Eltablilhing We.twood Village
Condominium, which document AlIo provid81 thllt. Idd condomLnium
projllct C4n be OlCpendecl t.o ,224 dwelling unL'ts by inoluding th'e
eucClloclinq three phllul of, construction which together' With P~a..
I will encomp...1 tour of the five trActl of real propertr conlti,tut_ ,
ing tho ruid!lnt.id communi,t.y to b, /IIIl:Ved bY.I;/)e !=OIl)/1\IM, ty raci1J.7 ,
tioel and , ,
WIlEReAS, the 'fifth traot to be includod in the 're.id.ntial '
community ilcurrently zoned for the const.ruction ot apprOXimately
702 dwelling units which will not be included in the afore.aid'
We.twood Vi.llag. Condominlwn proj.ct. ,,' ,,' "
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NOW, TIIEREFORE, the Developer declarll8 that the relll property
const! tilting' Phu. I, and Such additions thereto 81 may hereatte;- ,,'
bB mado purSU4nt to Article II ho,reOf, is and shall b. 'held, ' " " '
tr4nsfarreu, lold, conveyed and occupied subject to,th. covenants"
restrictLons, easements I assa,ssments ,charges and liens, (sometimlui
' r,eterred' to, as thellcovenall~s, ,and Restri,ct,J.on~,~lh,e.r(t~n~~te.r..t}o.r,t~"
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" . 1-RT,ICLE I' ,
" , ' " DEFINITIONS
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Sectl,on 1. DeUnitions. The following Ilordl when us.d in
DGclarat.ion or any SUpplemental, DGclaration' ('unle.. the' con-
shall p'rohibi t) 'Ihall have the fOllOWing meaning." ' '.'
, ,
' (a) "ASSOCiation" shall mean and reter to W/lSTI'IOOD VILIilaGE, ,
COHHtn4ITY ASSOCIATION, INC. '", l,':'~;, '" ", , 'J'"
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text
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(b) "Th. Properties" shall mean and, reter'to all stich eXisting
,roal' property, a~d any additions thereto,'a. are subject to thi., ' :
Daclar4tion or any Supplemental Declaration under the prOViSions Of
Articl.,II h.reot. .": , "', :", "'. ,
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'(c) "DwellLng Unit" Ihall m.an, and reter to any portion 'ot a .
building situated upon Th. Properties designated and intended tor
Use and OCCupancy As a residence by a single family, and may include
units 80 designated un.Jer the Uni I: Property Act ot. Pennsylvania, '
single tamily homea or multifamily bUildings. ' ,
" . .
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(d) .Owner'" shall mean and refer to' the record 'owner, whather,'
Ono or more p.rsons or. entitLes, at the tee dm}:lle tiUe to ,any" ;, ,
individual Dwelling Unit or any building containin~ more than one \,:. .'
Dwelling Unit under dn91e ownership dtl,lat:ed, upol\r~e .PJ:'~p~,~tJ.es:, ':', .. ' ':',
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but, notwithstanding allY applicable theory ot the mortgagl!, shal!. ': ,1
no~ maan or reter to any perlon or entity which holds such intar'lt
merely as security, tor the pertormance ot an obligation, including
a mortgagee, unless and until such person or entJ.ty has acquired "
tae .impl. title PUrsuant to toreclosure or any proceeding in lieu
of foreClosure. ",' , "", """" .1, ''',''
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(e) "Member" shall mUn an'd refer to aU those Owners who ,are
Member" of the 'AUociaUon .. Pliovided in Article XU h.reot.' "';"
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ARTICLE II
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PROI'ERTY SUBJECT TO THIS DECLARATION , ADDITIONS TIIERETO
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Section'l. EXistinq Property. The real property which is,
and shall bo, held, transtorrod, sold, cOnveyed and occupiod sub-'
'ject to this Deolaration is located in East Penn.boro Township,
Cumberland COunty, Pennsylvania, is, herdn retorred to as .Phase;:"
X" and is more particularly deacr~bed in Exhibit B herQto.
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Section 2. Addition to Existin
Facilitios. Additlona rea property
DeClaration in the following mannerl
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(a) At: any time wil:hin a period ot seven years tram tho date'
that this Declaration is recorded, the.Developer, its successors.' ,'.
and assigns, shall have the right, without Obtaining the'consent
'of thlll ~lembers, to bring within the scheme of this Doclaration .'
additional real property in future phases of the construction of
,the resi~ential community reterred to above, providod, however"
that such real property shall be from amon9 the four tracts ot ','
real property which are more partiCUlarly describod in EXhibits
C-l through C-4 which are attached hereto and made 1I part horaof, "
and, provided. further, that any SUch additional roal property to-..
gather with Phase I shall,not include or havo constructed theraon'
in excoss ot 926 DI~el1ing Units. Such additional real proparty "
may, but naad not be; part of. thq, W,,!,!,twood Vil1llge C0/140mi"ium
project :reter~ed to above. . , ' ',"" ","',.
. (b) At llny' time wi thin a pe.:iod of sevan yoars from the date
that this Declaration is recorded, the Developer, its SUccessors
llnd assigns, shall have the right atter o~taining the consent of
I:he board of Directors of the Asso:iation, but without: obtaining ':' "
the consc')t ot tho HembBrs, to bring wi thin the scheme 'ot' this ' '..
Doclaration additional real property to be Used as Community Faci-
litiesl providod, however, that 'the additional roal property ~s '
from the real property described in Exhibit C-4 and is dellded to "
the Association (at no cost to the Association) with all improve_
ments cQmplet.'3d thereon and is .tUID and clear ot all indebt..dne... "
(c) The additions authorized under this Article II shall b. "
made by filing ot record l,n the land records ot CUmberland County,
Pennsylvania, ono or more Supplemental Declarations of Coven~nt.s
'and Restrictions with respect to the additional real property which,
shall extend the scheme of the Covenants and Restrictions of this,
DeClaration to such additional real property. '
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Deol~ratton. In no event, however, shall .uch SUpplemental
Declaration revo~o, modify or add to the COVenants established
by this Declaration I~ithill t'hase I or within any other rAal
property theretofore aaaed pursuant to a previous SUpplemental
Daclaration oNcapt by virtue at the Developer's deeding additional
real property to the, Assooiation for use a. Community Facilities.
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AnTICLE III
l"EMBllnsIlIP AND VOTINO RIOHTS IN THE ASSOCIATION
~ection l.Total Membershi~. The authorized number of
member~hips of the AssoCIation shall be 1,952, .of which no more'
than ,926 shall be issued and outstanding at anyone. time. The
membershi~s shall be of two classes A and B;
Section 2, Class A Membership, Every Ownet subject by oovenant
of rocoru to assessment by the Association shall be a Class A mem~
ber of the Association. Each Class .J\ ~Iember shall be entitled to
onll Vote fcr each Dwelling Unit Which such Member individually
DIms ot record or I~hic:h is containea in a bUildinCJ l~hiol;1 SUch
Mombe!: aIm!! of record; providGd, however, that thera I~ill be no
' more thllll 926 Class A memberships, all hav.ing one v,oto each.
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, Section 3. Class B Mambarships. Thoro shall be 926 Clnss B',
memberShips, all. of \~hich shall be issued to tho Dllveloper, or to,
its nominee or nomi noes. Each Clas s B Mamber shall bo enti tled
to three votes for. each Class B memberShip so held. As eaoh Class
A memberShip comes into existence and is issued, onll Class D mem-
bership shall lapse and become a nUllity. All Class D memberships
shall InpsQ and become a, nulli i:y on the first to happen of the'. ,:
. 'following events.. , ' ,
(a) Nhen the total issued and outstanding Class A membership'S
equal 9261 or
(b) On October 31, 19911 or
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(e) Upon the written surrender ot said Class B memberShips
by the then holdllrs thereat for cancellation.
ARTICLE IV .
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PROPERTY RIGlITS IN TIfE_!<Qt!tI.!&IT'l PACILITIF.!
Section Hombers I Easements of 'En' 0 ment. Subject to the
prOvisions 0 Sect on 0 t s Art. c e, ',every Hember shall have
a nonoxclusive right and easement of enjoyment and use in and to
the Convnuni ty Paci li ties and such sasemen t shall be Appurtenllnt to:
.' and shill I, pAllS with the title to each D\~ellin9' Unit which such
~lomber indiVidually owns of record or which is contained in a '
bUilding' which such ~l\lmber .owns ot record.
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Soction 2, Deleqation of Ri2ht of Enjoyment. ~ny Member ,may'
dolegate his right of enfoyment Of the COmmUnlty Facilities to (a)
mombers Of his family, (b) his guests, and (cJ his tonants Who
rosidQ within a ~~elling Unit and their families and guests, all,
subject, however, to the proviSions of this Declaration and the
Articles of Incorporation and BY~Law. of the Association, . ,
Section J. Extent of Nembers I Easemonts. The righ~, and ease-
mont of enjoyment and Use c~Cl hereby shall be Subject to the
following/
(a) SUch easoments, agreements and interestll as may bo appli~
cablo to the Community Facilities set forth in Exhiblt A at tho time
of ollecutlon, of this Doe!aration or as may be applicable to additional
Community Facilities as of the date they are deeded to the A.sociation, .
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, lb) The right of the ASSOCiation to makoand enforce rules
and regulations pertaining to the Use ~nd onjoyment of tho Community
Fac.l.litios provided such rules and rogulations are 'consistent with
thCl purposes of this DeClaration, And , .'
' Ie) The right of the ASSociation to levy roasonablCl admission
charges and other fees for the use by Members and thoir guests of .
any ~ecreational f~cility situated within'the Cemmunity Facilitieol
and
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ld) The right of the Association to limit the number of guest.
of Membel's or their tenants; and' '. ,:, '
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Ie) The right of the Associlltion to SUspand thll Voting rights
and the rights to the USe of the Community FactlitiCls lexcopt for
rights to the Uso of streets, roadways and parl:ing areGs, Which
shall not be SUbject to suspension for any roason) for any poriod
during which any assessment romains unpaid and, for any poriod not
to lIxeoed thi~ty days, for any infraction of anl' of the. PUblishecl '
rules and regulations of the Associationl and
It) The right of the ASSOciation to grant riqht:s~of-way and/or
easements for any public utility purpose to any governmental agency,
public utility or to the DeVeloper for the purpose of thll installa~
tion and/or milint~nance of such utilities as ,may b~ necessary to
sorve any cf the Convnunity Facilities or to serve any Portion of
The Properties, prOVided, however, that no such easement and/or
rights-ot-way shall be permanently inconsistent with the enjoyment
Of the Convnullity Facilities by the Hember. of the Auoc.!.ation.
Any rights ot the ASSOCiation reserved hereby may' b. eKereised
by the Board of Directors or the ASSociation exc~pt to the extent .
to which such rights are directed to be exercised by the Hembers.
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litie. thereon end untii .uch time as the ASlociation has 87 Cla..
A mombership. which are helu by Members other than the Developer,
but, n~t\iithl tanding any provision he rein, the Dave 10PlI1' lie rCtby
covenants, for it,elf, its successors and assigns, that it shall
oonvoy the COlMlunity ~'acilitios set earth' in Exhibit A to the
AS80ciation not later than October 3i, 19B1. Until the transfer
of titlll to uuch Community Facilities to' the Associntion, the '
Devoloper sholl perfOrm oil of tho obligations, covenants, and '
a91'oemont. (including those belonging to the AssociAtion tollowing
conveyance of title), and shall abide by the rostrictions cont~ined,
heroin w.lth respect to ouch Community FncilitiB8, except' tor such ,/
oonstruotion and marketing activities 4S are consistent with 'deve-
lopmont.
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ARTICLE V
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COVENANTS FOR AS~ESSMENTS
Section 1. Covenant' for Assessments and Creation of Lien and
'personai Obligntion. The Developur for each Dwolling Unit owned by
it or to be created by it within The Properties herqby covennnts
and each Ownur of any individual OI/Ellling Unit or Iln:( bu.ildinq con-
tAining more thAn one Owell1.ng Uni t by acceptance of a deed therefor
whothor or not it shnll be so expressed in ~ny such deed or other ,
convoyancc, is deemed to covenant nnd agree to pny to the Associationl
(a) annual assessments ,or char.llClS as provided hel"ein, and (b) special",
assessments to bo fixed, established and collectCld from time to,time,
os horClinafter provided. The annual assessments and special assess-
ments, tegether ~ith interest thereon and costs of collection sholl
bCl II Charge on thCl OIICllling Unit or the building containing multiple
,Dwelling Units wh1ch lII1 Owner ollnsof, rClcord and shall be a cont:1nuili\l
.lion upon the DI/Ellling Units IIhichan Owner owns of record and against
~hich such assessment is made from the time such assessment is made
until"paid in fUll; provided, hO\~ever, that, where llny portion of
Tho PropertiCls hall been submitted to the Unit Property Act, no purt
of the COllunol\ Eloments of such portion of The Proporties shall be
subjoct to assessment by the Association. Eaah,assessment, together
with interost thereon and costs of collection, sholl also be the
Joint and several pClrsonnl obligation of the person, group of por-
' sons or entity Ilho 1oI.1S tho Owner of the assessed property at the t.ime'
when the aSSClSSmenl: became dUCl. Assessments by the Association, prior
to such timo as thCl Developer has t,ransfe,~red ti,tle to the Community ,
I".,cilities set forth .in l::xhibit A to the Association, sholl be paid
to tho Developer to thCl extElnt requirClu to fulfill the purposes set
~orth in Section 2 below, but shall not exceed the annual sum of
$100.00 for OochDwel1ing Unit, and none of the f14nds derived from .. .
such assossments may be devoted to expenditures for capital, imp!ove-,
monts IIhich are the sole J;esponsibility of the Developer. :'
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SooHon 2. ~ose of' Assusment. The lI8UllRments levied by
the Assooiation shaTl be used for the purpose of promoting the
reoreation, Scenic enjoyment, health, Welfare and safety ot the
.ltlllibers and in particular tor the maintenance of the Community
Faoilities, incLuding, but not limited to, the payment Ofl : '
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All operating expensu ot the Community FacJ.1J.tiIl8, , ,"
I8rVi080 furnished, and " ' " '; "...
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(b) The cost of necessary management and' administration,
including tees paid to ilny .Ianagement Agent, and
(c) Taxes and assessments levied against the As~ociotion or
upon any property which it may ow~ or which the ASSOciation ~s
otherwise required to pay, and
(d) The cost at tire and extended coverage insurance, com-
prehensive liability insurance, tidelit:y insurance lInd the cost
ot such other insurance as the Association may procure/ end '
(e) The cost of funding an adequate reserve fund tor replace- ,
ment of the improvements included in ,t;.he Community, Facilitios/ '~d '..
If) The cost of repdrs, maintenance and .replacoments' ot ~h~ ',: ,
Community Facilities. . '" .,..'.., . :',,' '
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Section J. Annual Assessment. It shall be tho duty of the
Board of Directors of the ASsociation to determine the amount of
tho annual assessment tor' each Dwelling Unit lincluding Dwolling
Units in e bUilding under single ownership) for oach assessment
year. The annual assessment Shllll be the samo tor each Dwolling
Unit in an assessment year; provided, hOWever, as Tho Proportios
Are Oxpanded to include more Dwelling Units or lIS additional Commu-
nity Facilities are obtainod within any given QSSossmont yenr, an,
appropriate and unifonn adjustment of the romaining installme~ts
ot Such assessment shall be made in accordance with the aforcsmid
standard of treating each ~~elling Unit alike for each full ca~cndar
month during which it was part of The Propertios regardless ot its
siza or location. The annual assessment for a'ny Dwelling Unit tor
llny assessment year (after the first lInnual asscOsment as provided
in Section 5 of this ArtiCle) shall he come due and payable and a
lien against the Dwelling Unit or building containing multipls
P~qllin9 Units on the first day of the first month of each calendar
Yllar upon which it became part of The Properties. Tho Board of .'
Diroctors of the Association shall give written notice ot the
annual assessment to each oWner at least thirty days'prior to the
firht day of each assessment year. and shall give further written
notice of changes in assessments resulting trom expansion of The
Properties or Community Facilities as Soon as practicable after
tha facts of such expansion are known. Assessments must be made'
on the basis of equal monthly installments within anY,assessmllnt
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(lQl'1od 8Koept all affected by changes resulting from expansion of,
~he properti6s or the Community Facilitiesl said installments Ihall
bo payable in advance !In the Hrst day of each calendar' month.,
Soction 4. S echl In addition to the annual
aUlPIRnlent aut or ze y th s Art c e, the Association may from
time ,to time levy a speohl assessment for the purpose of defray-
inq in whole or in part the cost of anv reconstruction or uneXDected
'repair of an improvement located Upon the Community Faoilities,
inoluding the necessary fixtures and personal property related . ,
theretoj prOVided, however, that any special assessment shall
only be levied by a resolution approved by a majority vote of
alloh Class 'of ~Iembers (b'1Sed upon the entire outstanding member-
ships of each Class) at a meeting duly called for suoh purpose
at which a quorum is present, written notice of which shall' have
disclosod the purpose 'of the meeting and shall have been sent to
1111 of tho Members at least thh"ty d,1ys in advance of SUch meetin!1.
Tho due date for the payment of any spccial assessment shall be
fixed in thc resolution authorizing such assessment. Any'special
IIssessment levied by the ^ssooiation pursuant to this Section, 4
shall bo the same per D\~ellin9 Unit (includin9 Dwel,linq Units "in
a building under single ownership). ' , ' ,
Seotion S. Commencement Or Annual Assessment. The annual
assessmont period shall conunenco on the first day,(lf the ,month
folloldn9 the first conveyance by the Developer to ,the Olmer of
ftny Dwelling Unit in Phase I. The first annual assessment shall
be mado for the balance of the as~essment year and shall become
due and payablo and a lien on the Dwelling Units as of the date
of, conveyance of the first DI~elling Unit as aforesaid.
Section 6. Reserve for Replacements, The ASsociation must
estabITsh and maintain an adequate reserve fund for replacements
by the allocation and payment (from each month's installments of
the annual assessment) to such reserve fund of nn amount to be
dosignated from t,ime to time by the Board of Directors ':If, the '
Association, Such fund shall be conclusively deemed to be a
oonunon fund of the ^ssooiation and shall be credited upcn the
books of tho Association to the "Paid-in-Surplus. acoount as a ,
cnpital oontribution by the ~lembers, Such fund shall be depos~ted
in a spocial account Idth a lending institution the accounts of
which aro i'lSured by an agency of the United States of Amorica or
IlIay, in the discretion of said Board of Directors, be invested in
Obligations whioh are fully guaranteed as to principal by the
United States of America. The reserve may be expanded only for
replacemonts of the Communi ty Facilities. The' proportionate in-
terost of any Honlber in such reserve shall be oonsidllred an' ap-
purtenance of his Dwelling Unit (inoluding Dwelling Unit' in-
cluded in a building under single ownei-Ship) and shall not ,be
' separately withdr,lIm, assigned or transferred or otherwise sep-
arated from the property to which it appertains and shall b. "
dE/cmed to be transfllrred with such DW'lllin'1' Unit or, Units.
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ection 7. . Au.um.llt Cort1tlcatu. The Board of DJ.uct,orl
Of the "oc aHol\ 8hll11 preli;u.o and maintain a roster o't the '
Dwelling Unitft (including Dwell1l1q Units within a building unde~
.inqle ownership) and the annual and spacial assessments and ,
charge. currently applicable thereto and shall make aueh ~oster
available tor inspsction of Members upon roquest:. Tho AssociAtion
,ahall, Upon dOlmand, at any rlluonable t'\'mll, ,furnish to eny, OwneJ:'
liable for lint 1188UsmtHlt or to any tint mortgaglle of a OW1l111n9
Unit ur b~ild n9 containing DWolling Units a certificate in writJ.ng
.igned by IIn office~ or other authorized aqent of the Association,
.tating whether such asslI.sment or charqa is paid or unpaid. SUch
cortiHcate Ihall be conclUIi.ve evidence of ,thQ payment of ahy
lISSlllsmellt or charge, therein stated to have baen paid. A reaBon'abh
'churg13 may be levied in adVance by the Assoc.\,ation lor each cer-
tificate so delivered.
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ARTICLE VI
NON-PM'HENT or ASSESSMENTS I REIIllDIES I SUDORDINATION or LIEN
. ~ I:
Soction 1. Non-Pa~ent of Assessments. Any asseasm13nt or
inlltallmont thereof levied pursliiiiii: to thoso covenants which is
not paid on the dat", \~hen due shall bo delinquent and shall, to-
gother' with interast theraon and costs of collection lIS heroinaftor
provided, become a continuing lion upon the Dwelling Units against
which such assassment is levied pursuant to Sactt'on 1 ot Ar'ticle V
hereof. !Ill assessments shall bind Such Dwelling Unit or bUilding
in the hands of nn Owner, his heir'S, deVisees, personal represen-
tatives, SUccessors and assigns. The obligatien of sueh Owner to
pay such assessment, however, shall also remnin such Ownor's p13r-
sonal joint and several obligation for' the statutory period.
Section 2, Remedies. If any assessment or inutallmen~ thoreof '
is not paid within~rty days after' the due date thereof ostablished
by the Doard of Directors of the ASSOCiation, tho delinquent amount '
shall bear interest from the dtie date thereof until paid at a l~wful
l'ate ostablished by resolution of the Board of Directors of tho As-
sociation at the beginning of each ~SSBSsment yaar. Tho ASSOciation
may bring an action at law against the OWnar personally obliqated t~
pay the same or may foroclose the lion against the DwellinC) Unit
or bUilding containing multiple Dwelling Units in the manner pro-
vided by law. In eithere~ent, the ASsociation shall recover from
such Cwner or out of the proceeds of foreclosure accrued interest
and costs 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 ot his Dwelling
Unit or Units. ,
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Saction J. Subordination of Lien. The lien of the assessments
provided for in this Declaration shall be subordinate to (a) tho lion
of any real ~state taxes or general or special assessments by the '
local taxing authorities 'imposed on the Dwelling Units or building
containing multiple Dwelling Unitll, (b) the lien of any first'
mOr'tgage now or herutter placed Upon any Dwelling Unit or building
containing mULtiple Dwelling Units sl~ject to assessment, and (c)
lions created pursuant to any Declaration Creating and Establishing,
1I Condominium pursuant tu the Unit Property Act by reason of unpaid
8O~K :? 13 I',\I,~ 3 72.
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A'llGument: to the COUI1C!l ot lIuch Condominium hAving jurhdiotion
over any DweUin9 Unit or Units. In a()di l:1on , a Urlt mortgagee,
ot any, Dwelling Unit or building containing multiple Dwelllrt~.,
UnLts ~ho comoll Lnto posseslion ot a Dwelling Unit or bui~d~nq ,
, ' containing multiple Dwelling Units pursuant to tho remedio~ pro-
viaoa in the mortgngo, foreclosure of tho mor;tgnge, or aoed ,~n ,
lieu ot toroclosure, shall take the Dwelling Unit or build!rig ,
, troe of any clnims tor unpaid chnr.gRs or Assessments ot the
AsooOJ.atJ.on At t,he time, but not ef.ter the time, luch mortgllgee
comal into posseuion of the D\~ellJ.n9 Unit or buildinq (oxcept
for claims for A pro rAta share of such charges or aBsessments
rlllultLnq from II pro rata realloClltion of such charqes or AuellS-
m~nt,s 1:0 all Dwellinq Units inclu()inq the mortqaqe~ premhlll) . '
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ARTICLE VII
M.WI\GE~IENT AGENT
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. Section 1. Manaqement Jlqent. The IIllsoclation may employ ,a"
" ,protessional management a'.lol1t (the "Nanaqement Jlgent") or other "I ',:
':"d, prOfessionals, at a rate of compensation to be ostablished by the ';,
~.' Doard of Directors of the Jlosociation, to perform such duties And
'8ervlces as the Board of Directors shall authori~e. '
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{ill!ICLll VIII
~NSURANCEI CONDEMNATION
Section 1. Insurance for Denefit of Jlssociation. Unless at.
least throe-fo,urthS (314 ths) of the mortqagees holding first mort-
gages on roal property encompassing thrce-fourths (3/4ths) of
tho Dwolling Units '.live their prior \~ritten approval to II different
typo or altlount of insurance coverage, the Jlssoeiation shall obtAin
ana maintain tho followinq insurance coveraqes '
,
(a) Insurance coveraqe on' all insurable Community Facilitios
. affording protection aqainst 10sR or damage by fire! ana other
hazaras covered by the standard exten()cd cov~rage enforsement.
Such covcrage shall b~ in lIIl amount equal to the lull replacement
Villus of such insurable Community Facilities as d'et.ormine() annually
by tho Doard of Directors \~ith the assistance of the insurance
company furniShing such crJverage. Insurance procoeds lot !:I\sualty
lossos to the Community Facilities, by the terms of ~he in~uranco
pOlicy or pOlicios, shall be plli() to the JlssocJ.a~ion and shall be
appliod by its Doard of Directors to the repair, replacement or
roconstruction of such Community Facilities.
.'
(bl Fidelity insurance coverage against dishone'st Acts on the
pArt of directors, officers, employees or Aqeilt, of the A9Socht~on
or ~Ian"'~"rnent I\gent or volunteers 'or trustees who 'are responsible
8D3~ 213 filer :;'13
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BY-LAW~
OF
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WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
a.ct~on 1. ~ame and Loc~!2n. The name of this corporation
18 ~IESTWOOD VILLME COMMUN!'l"i ASSOCIATION, WC. (hereinafter
referred to as the ~Association"). Its initial princip~l oEfice
is looated at 5092 Lnac Lane-;--lIarrisburg, Pennsylvania o,r at such
othor place as the Uoard of Diroctors may from time to time d3Sig-
nat". 'c'...SQ,WQ~tlJJ<:>..,d On~"-
ARTICLE II
Seetion 1. Definitions. Tho following Words When usod in
thes$ By-Laws Shall have the following meanings:
(a) "Developer" shall m~an and refer to M.L.W. Construction
Corporation, a Maryland corporation.
(b) "Doclarlll:ion" ahall mean and refer to th<<t certain
Declaration of Covenants and Restr.ictions, Westwood Village Com-
munity Association, Inc., Phase ~, dated January 29 , 1975, by
M.L.W. COlIl'ltruction COl:poral:ion, and recorded in the land racorc'ls
of Cumberland Counl:y, Pennsylvania, together with any amendmonts
thereto or any Supplemental Declarations adopted pursUanl: thereto.
(c) "Community Pacilities" shall mean and refer to the r8al
property described in Exhibit ^ 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 erocted thereon and
any related fixtures or personal property.
(d) "The Properties" shall mean and refer to all real pro-
perty Which becomos subjuct to the Declaration other than the
Community Facilitios.
(e) "OwellJ.ng UnJ.t" shall mean and refer to any portion of
a building 9ituated Upon Tha Properties and dosiqnatcd and intendQd
for usa and occupancy as a reaidenco by a s1nglo family, and may
include units so deSignated under the Unit Proper~y nct of Ponn-
SYlvania, slnl]lo fami,ly homes or units in a multifamily ouilcJJ,lI~.
DEFINITIONS
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Exhibit liB"
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(U "Owner" Ihall mean and refer to the record owner, whether
one or more perlonl or entities, of the fee simple title to any
individual Dwelling Unit or to any building containing more thall
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 lecurity 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-
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 hereof.
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ARTICLE III
ME:MBE:RSIIIP: VOTING RIGHTSI ASSESSMENTS
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Section 1. ~otat Membershi~. The au~h~rized number of mem-
bershIps of the Association shall b~ 1,852, of which no more than
926 shall be issued and outstanding at anYone time. The member-
Ships sha.ll be of two clllsses A and B.
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~ection 2. 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 tho Association.
Each Class ^ Member shall be entitled to One vote for each Dwel:ing
Unit which such Mp.mber individually Owns of record 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 memberShips,
all having one vote each.
Section 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 axistance and is issued, on~ Class B mem-
berShip shnll lnpRe and become a nUllity. All Cln~s n memberShips
shall lapse and becoma a nulllty on the first to happen of the fol-
lOWing evr.nts:
....
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(n) WhAn the total iosu~d and outstanding Claso A memberships
equal 926: or
(b) On October 31, 19B1: or
(c) Upon the written surrender of said Class B memberShips
by the th~n holders thereOf for cancellation.
Section 4. Membersh,ip Assessments. The rights of memberShip
are sU'EJect to the paymp.nt or annual and special assessments lovied
by the Association, the obligation of which assessments is imposod
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,against each Owner of and becomes a lien upon the property again.~
which such assessments ere 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 Assessments and Creation of Lien and Per~
sonnl Obliqation. The Developer for each Dwelling Unit ownod by
it or to be created by it within The Properties hereby coven^nt:.
and each Owner of any individual Dwelling Unit or any building
containing more than one Dwelling Unit by acceptance of a dead
,therefor, whether or not it shall be so expressed in any such
deed or other conveyance, is daemed to covenilnt and agroo to plly
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 her.einafter prov,ided. Tho Onl1\llIl
assessments and special assessments, together with intor~Bt theroon
and costs of collection shall be a charge Oil 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 containinq mulhiple Dwelling Units which un
Owner owns of record and against which such assussment is made
from tho timo such assessment is made until paid in Cullr pro-
vided, however, that, where any portion of The Propartics has boon
submi.tted to the Unit ProplHty Act, no part of thr:: Common J':10rnont;"
,; of such portion ot The Propert1.os shall be subject to l:lfIrIOflllllll.ml:.
by the ASSOCiation. l':ach assossment, together w.tt:h ,lntcralll. tharo-
on and con ts 0 f cOllection, shill 1 also be the joi n t llnd nO'll' I_'I I.
personal obligntion of the person, group of pernons or entity who
was the Owner of the assessed property at the tilll\' when the illlllC!lIlr.c-
ment became due. Assessments madu by tho Ansociation, prier to
such time as the Dl1lvelopflr has trunsferrcd title to tho Conullunity 1/
Fi:\ciUties !let for.th in Exhibit A to the AlIsoc!,Jtion, fll1ldl, 1)0
paid 1:0 the Developer to the extent reC]uircl) to fulfill tho
p\lrpOSes set forth in paragraph (b) belo\~, but shn II not exceed
the annual sum of $100.00 for each Dwelling Unit, and none of
the funds derived from such assen~ments may be devoted to oxpen-
ditures for capital improvements which are the sole res~onsihility
of the Developer.
,
(b) Purpose of Assessment_ The assessments levil!d by the
ASSOciation silall be used for the purpose of promoting tho rOCt'ea-
tion, scenic enJoyment, health, welfare and safoty of the Momborl
and in partiCUlar for the ,ma in teni!lnclL.,of the Conununi ty rae.ill tie...
inclUding, but not limited tn,the payment of:
(i) All operll ting expanses (If the Communi ty Fa,.,i lll:ioa,
inCluding sorvieas furnished, and
(ii) The cost of nace!1s<lry mO!lnagement and adminiltl:'lItion,
inClUding 'ees paid to any Management Agentr and
(Iii) Taxes and assessments levied against the ^lloeiation or
upon any property whLch it may Own or which the ^l\uo~lQ~Lon 1"
otherwisa rp.quircd to P~YI ~nd
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~ (iv) The cost of fire and extended coverage insurance, com-
-' prehensive liability insurance, fidelity insurance and the cost
ot such other insurance as the Association may procure I and'
11 (v) ,The cost ot tunding an adequate reserve fund for repla~._
.If ment of the improvements included in the Community Facilitiesl and
~ (vi) The cost of repair.s, maintenance and replacements of the'
Community Facilities.
(c) Annual I\ssessment. It shall be the duty of the Board
'of Directors oF. the I\ssociation to determine the amount of thl'! annual
ASSossment for eaah Dwelling Unit (including Owelling Units in a
building unuer single ownorship) for each ~ssessment year. 1'ho
annual assessment shall be the same for each Dw~ll.l.ng Unit in IIn
Iissessmenf:."yearipr6iiided, hoi~evei:', as 'the Properties are expanded
to include more D~elling Units or as additional Community Facilities
are obtained within any given assessment year, an appr.opriate and
uniform adjustment o~ tho remaining inst~llmQnts of such assessment
shall be made in accordance with the aforesaid standard of treating
each Dwelling Unit alike for each full calendar' month cluring which
it was part of The Properties, regllrdless of its si~e or location.
The annual assessment: for ~ny Dwolling Unit for any assessment year
(after the first annunl assessment as provided below) shall become
due and payable ~nd a lien against the Dwelling Uni.t or building
/ containing multiplo DWC:lllng Units on tho first day of the first
month of eileh cnlend"r year. upon which it became part of 'l'ho
PropurtieR, 'l'hl! 'JOC1~.q of D~rec~9.,r~ of the I\SSoc.l..ltion Shilll <Jive:
? writtC'ln notice.: of the al1n\lal assessment to each OWncr ill', l.(wst
th.ir.ty days prior to tho Eir.st c,lny of each assessmcnt yeilr. and nh<lll
give further written notico of Changes in asscssmeri~s resulting .
from expansion of The Properties or Co~nunity Facilities as soon as
practicable after the facts of such expansion are known. I\ssess-
ments must b~ made on the bdsis of equal monthly installments with-
in any assessment period except as affected by changos resulting
from expansion oF. 'rhe Propertios or the Community Facilities, said
instnllments shall be payable in advance on the first day of e/lch
calendar month,
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(d) ~pecial I\ssesslnents. In addition to the annual assess-
ment author 'zoCTiiEoVEl, the-i\Ssor:iation may from time to timo levy
a special assessment for the purpose of defraYing in whole or in
part the cost of any reconstruction or unexpectod repair of an
improvement locatod upon the Community P'acilitills, inClUding tho
n~~ fix res and onal ro ert relatod thereto, Drovidmd.
however, that any special assessment sha only be levied by a ra- _
solution approved vo Class of mbcrs (blISOtl
Upon tho antire tartdin mem ershi s of each C a at a mooting
dUly called or. such purposo at wh ch a quorum is presont~ wrltLnn
notice of whi.ch sh<ltl have d1scJ.osea tna purpllsa Ot tnn mcc.:tlnq nnd
shall have been snnt to all of the Members nt least thi.rty flllyn In
advance of such meeting. The due.: date for the payment or "ny
special a:;!;essme:llt shall be fixed i.n the res'll\ltion Iluth"rl;dl1</
such assc:ssm~lnt, ,I\ny ,sp'lcllll aS5~5sment l("Jiod by the I\nl!lo(:l.:1th'l1
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pursuant to this paragraph shall be the .ame per Dwelling Unit
(including Dwelling Units in a building under lin91e own.rlhipl.
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(el Commencement of Annual Assessment. The .nnual ......_ ,
ment period shall commence on the U,rst day of the month tOllo''''ing
the first conveyance by the Developer to the OWnor of .ny Dwelling
Unit. The first annual assessment shall be made for th~ balanco
of the assessment year and shall become due Ind payab10 and A
lien on the Dwelling Units as of the date of conveyanoe of the
first Dwelling Unit as aforesaid.
(f) Reserve for Replacements. The Assooiation must establish
and maintain an adequate rl!serve fund tor roplacemlllnta by the allo-
cation and payment (f~om each month's inotallments of tho Mnnual
assessment) to such res~rvo fund of an amount to be d~ai9nated I
from time to time 'by thl! Board of Directors of the Aa.ociatiori. /;
Such fund shall be conClusively deemed to be a COIIUllon fund of the 1/
Association and shall be credited upon the books of the Associa- '
tion to tho "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 are insured by.
an agency of the United Gtates of America or may, in tho diacr~-
tion of said Board of Directors, be invested in obligations which
are fully guaranteed as to principal by the United States of
lime rica. ~,.J'!;)sen!!L.!':'.i!Y.. ,I~e ,~!<p~,!1dM.~nJY, t9,r ,J:'.9L?lACl?mOn tll.. of. ..t.!l,c
~ommunity F~cilitios. Tho proportionate intercst of any Mcmb~r. '
in such res'e'rVe,p1ili;fU be considored an appu~.tQnanca of. his Ilwull-
ing Unit (i.nclucling Dwelling Units includad in Q lJuildJ.nrJ uncJor
single ownership) and shall not: be separately withdrnwn, llDsignod
or transfer~'ed or otherwise separated trom the pr()ptHty to \~hich
it appertains and shall be deemed to be transferrod with such
Dwelling Unit or Units,
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(9) Assessment Certificates. The Board at Direr-tors of tha
As~ociation shall prepare and maintain a roster of the Dwelling
Units (inClUding Dwelling Units within a building under single
ownership) and the annual and upecial assessmonts and oharges
curren tly applicable there to and shall milk. lueh ros tor avllli lablCl
for inspection of Members upon request. The Association .hall,
upon demllnd, at any reasonllble time, furnish 1:0 any Owner lillblCl
for any assessment or to any firyt mortgag~e of a Dwelling Unit
or building containing Dw~llinu Units a certiflcato in writing
signCld by an officer or other nuthori?ed agent of thm Assoei.tiQn,
stating whether such assessm.nt or ch.rqe is paid or unp.id. Such
certificate shall bCl conclusive evidenoe of the payment of Any
assessment or charge therein stilted to havo boon paid. A re..on-
able charge may be levied in aclvance by the Association tor oach
certificate so dolivered.
(h) Non-Payment at Asse~sments. Any assessment or in.ta11-
ment thElreof leviod pur!luant tOEiiiie covonlnt.. which is not paiel
on the date whon duo shall be delLnquent: and Ihall, togather with
interest thereon and COIlt:S of C':olluct:ioll ar\ hereinafter provic:S.d~
becQm~ a continuing li~n upon the ow~tlin9 Unit: or building
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~ containing multiple Dwelling Units against which such assessment
is levied pursuant to this Article. All assessments shall bind
such Dwelling Unit or building in the hands of an Owner, his
heirs, devisees, personal represent~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 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 sH.l~ r~cover from such OWnet or out of the pro-
ceeds of foreclosur.e accrued interest and costs of collection,
includi.ng but not limitecl to, reasonablo attorneys' fees. No"
Owner may waive or otherwise escape liability for the assessments
providecl on this Declaration by non-use of the Community Facili-
ties or by abandonment or non-use of his Dwelling Unil: or Units.
)
(j) Subordination of Llen. The lien of the assei'liJlnenl: pro-
,vided for in thiiJ Doclaration--shall be subordinate to (i) the
lien of ,,'ny real estate ta:<on or general or speciill nS1;orwmc'n\".s
by the local taxing authorities imposed on the Dwolling Units ~r
building containing multiple D~elling Units, (ii) the lien or any
first mortgage now or hereafter placed upon any Dwelling Unit or
building containing mull:ipl0 Dwelling Units oubject to asses~mont,
and (iii) liens cr~ated pursuant to any Declaration Creating and
Establishing a Condominium pursuant to the Unit Property Act by
reason of unpaid assessment to the Council of such Condominium
having jurisdiction over any Dwelling Unit or Units, In addition,
a first mortgagee of any Dwelling Unit or building containing
multiple Dwelling Units who comes into possession of a Dwelling
Unit or building containing multiple Dwelling Units pursuant to
the remctlies provi,le<.l in thl! mortgage, foreclosure of tho mortgagll,
or deed in lieu of foreclosure, shall take the Dwelling Unit or
building frep.! of any claims for unpaid charges or Assessments of
the Assochtion l\t the time (but not after the time), such mort-
gagee comms into posllftssion of the OweJ.lin; UnLt. QJ;' b\.li1.cH.n41 C.......'ll
for claims for a pro rata share of such charges or assossments
resulting from a pro rata raallocation of such cha~gQs o~ as,ass-
monts to all Dwelling Uhitr. incluaing cnu llIrJrl:\l"':luu PL',""'l!lUlll.
.'
Section 5, Suspension of Membershio RIghts. The mornhurllhip
rights (IJl<Ccpt far the rightll to Lhe usO""Of the stroetll, roadway"
and parking areas) of ~ny persan whose intarent in Tho Propurtius
is subjoct to ass~ssments by the ^~~ociation, whether or not h.
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by...... ., ... B.... ., .,....... ...,.. ... p..,.. 'h.. ". ..
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Oeie a~ion of niqhts'Any Member may delegate
h.. r · t. .. .y...t. t. c.~,..rty '..U"'" ...,.) m..b...
., ht. ".U Y. 'b) h.. . ...... a.. ,.) h1. '.... t. 'h.' ... id.
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.h." '.t.'.i... b.t 'hall b'h.", 'n ',y .v.nt. 'ithi. .n. y.a.
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'f ",.., ...."... .f the ...b... .f the A........., .haU b. h.ld
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"" th.,. .h", b. "..t.. by P'.""ty b"'.t ., the ...b.,. .
..ar. of .'''.t." i. ....,..".. '''h the ....,....,.. ., S..".n
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ARTICLE .ty
MEETING OF MEMBERS
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. S..".. ). S,..i., "..ti... It .h." b. tho '.'y ., tho
p'..ia... t.""1 · 'P..l., "."" o'.'.b.r. .. 'lr..t.. bV "
....,.".. ., tho ..er. .f .,.....,. .. '.po. . P." <t." _.''''' ....,
..".. t. tho S..r.."y 'hi.h " 01.... by 'h. CIo.. A "..h". .
th.~ ..titl.. t. ...t .h.'f..,t. "/'th) 0' to. v.t..., th. ~... A
...~r.hip. rh. '.ti.. .f ',y .P...., ...'i.. .h", .ta...th.
ti...... pl... ., '..h ...".. ... the p....... th.'..f. N. b.d-..
.... 'h.ll b. .......t.. " . .P..'" ...ti.. ....p. eo "';od 1~ " Y"',
the notice.
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, , , laction '8. Proxies. ^ Member malf appoint anlf nther Member
or the Devoloper or the Management ^qent as hia p!:'OlCY. 1.ny proxy'
muet be in writinq and muet bil Hied with the Secretary ,in form.
, approved by 'the lIoard of Direct.ors bellors the appoint.ed time 'of . .
ea,ch m.eHng. Ul\los. limit.ed, by its terms, any proxy shall continUe
until revoked by n writte~ notice ~f rovoc.tion filed wit.h. t.h.
Secretary, or by tho deoth of t.he Member. " .
. Section 9. Order of BURin.ss: The'ordar of business .1:
annun! hIltet.in'iPJ of foIu",b~rn shllll be as follows I
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tal
(bl
(cl
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(el
(fl
(91,
(hI
(il
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Roll call and cortification of proxies.'
Proof of notice of meating or waiver of not.iee.
Rending of minutes of rreceding meotJng. '
Itaport!\ 'of officars, if any.
Ruports. of conu.nitteeu, if any.
Unfinished busin~ss.'
New Cusines$.
Appointment of inspect~rs of election.
Election of directors.
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In the caso of special meetings, items (a) through (e) shall
be applicable. and thereafter the ogenda shall ,consist of ..the il:oms,
specificLl in thlJ nql:ice 'of meating.
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ARTICLE V
Dor~D OF DIRECTORS
Section 1. Number alld Qualification of Directors. 'Tho aff~i~8
of t.her.IHlocint,i.on slwlrlj'ogovern&d by the Board of, Directors com- I
posed of at lell!>t: five' natural p(!rsons. . After the lapse of all .' .
ofl:he Class I3 memberships as provided in Article III of these By-
I:.aws, all Directors shal"t be Hembers.
vi Section 2. Powors and Dutios. The Board of Directors shall
have all the pownrs And dui~es nncQssnry fort.he operation, main-
t.enancQ and acl.rnini ntrat.ion ,of, the COlnmuni ty Fncil i ties and the
affairs of the As~ociation and may do ~ll such ncts and things as
are not by law, thaJ\rticlnR of Incorporation, t.he Declaration or
these By-Laws direct.~d to ~e exorcised arid done by the Mombors. '
The powers ,c1Ind clutie$ oF. thu Boal:u of Directors shall.include, ...'
but not be lin1i tou' to:
eal Determination and collectio~ of annual and special assQ~.-,
mants from Members, the m~inten~nce of a roster of assossmont..' ','
IUIdc:hnrges I1pplic.:1bl~l to each. Owner and 'hill Dwellinq Unit. o,r Unit.. ,
And the Qnforcem~nt of liens t.horofor in a mannor consist.ent with
law and the provi 9 ions of those Uy-Ll\wS and the Doc laratlon ;', '
(b) Maintflll1anco 'of l:I roster of first mortgaqoes of-each
Dwelling Unit or b'll,ldiflCJ c:onta'irll.ng multiple Dwolling Units;
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(0) Designa~ion, hiring, dismissal and obtaining of a Manage_
ment Ag.n~ or of the personnel and servioes and ma~arials 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 Declara~ion
or these BY-Laws,
(d) PromUlgation and enforcement of SUch rules and regulations
and admission charges and fees and SUch restric~ions or requiremants
as may b. deemed proper res~ecting tha 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 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
(f) Performllhca of all other dutial'l, obliaations t.lnd rights
of the Associa t i.on and t,he Board of Di roc tors as se t forth in thu
Articles of Incorporation, Declaration Or these Uy-Laws.
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Section 3. Management Aqont. The Board of Directors may omploy
for thm ASSOCiation a pr.ofessional management agent: (tho "Nilnago-
ment Agen~"J at a rate of compensation established by the Uoard
of Directors to perform Such duties and services an tho Board of
Directors shall from time to time authorize.
Section 4, Election and Term of Office. The term of the
Directors n..med hur:ein aiid the ^rtrc-Ies of IncorpCJration shall
expire when their sUccessors have been elected at the first annual
'.."ng 0' M.mbo", '"' ." '~!y 9ua1ifi.~. ^' the fir" .nnu.,
meeting of ~lember!;, the ter.m Ot off:ice of. the two DT.rectors
receiving the greatest number of votes shall be fixed at three
(3) years. The term of office of the two Directors r~ceiving the
second greatest number of votes shall be fiXed at two (2) years,
nnd 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 servo
a term of three (3) years. ~he Directors shall hold office until
their successors have been elected and qualified.
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Section S. Vacancies/nc~ianation. v~cancies in ~he Doard
of Directors cau:;ed bYMy l:oaIJon r.ll:.hor l:Ih~n !lh. r.nlC1vlll 0' a
Director by G vote oe Nemberu sh~ll be filled by vote of the
majority of tho remaining Directors, oven thOugh they may consti-
tute less than a quoru~; and each person so Qlectod shall be a
Director Until n succe:;sor is elected by tho Members at the next
annUal meeting to serve out the unexpired portion of the' term.
Any Director. may ros19n at ~ny time by giving written notico of
such reSignation to the Bo~rd of Directors.
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Section 6. Removal of Directors. At a regular meeting, or
at. a special meeHng cfUly called for SUch purposo (but onl~' aft.lIt'
the first regular meeting of Members as hereinabove provided)"
any Director may be removed with or. without cause by a vote of ,
. fifty-one percent of the eligible votes ent.itled t.o be cast. by
'Members, whether or not. present and voting thereon. A SUccessor
may then and there be elect.ed to fill a vacancy by majorit.y vote
of Members present. and voting thereon in person or by proxy. The
term of any Direct.or who is a Class 11. Member and who becomes mora
thlln thirty days delinquent in payment. of lI,ny assessments or
charges due the 1I.ssociat.ion shall be automatically terminated and
the remaining Direct.ors shall appoint his successor as provided
in Sect.ion 5 of t.his Article.
Section 7. Compensation. No compensation shall ,be paid to
Directors for their serv!CGS I1S Directors.
Section 8. 1I.nnual'MeatinQ. The regular annual meeting of
the Board of Directors w!thoi.il:other notice than this DY-T,aw,
shall tZlKe plnco imme(1!ately nfte,r, and at thCl Game plZlc(!) an, tho
anriual meeting of Members,
Section 9. RegUlar Meetinqs. Regular meetings of the Doard
of Directors may be held at: Such time and place as shall bo det.er-
ined, from ~ime t.o time, by a majority of the Director~, but a~
least four (4) Such meetings (inclUding the annual meet.ing) shall
e held during the fiscal year. Not.ice of regular meeting!i of the
oard of Directors shall b, given t.o each DirClctor, personally or
y mail to hIs address as it appears on t.he reCords of thCl 1I.aso-
iation at t.he time Such notice. is mailed or personally delivered,
t least. six days prior to the day named for such meeting,
Section 10. Special Meeting!;. Special meetings of the Board
f Directors may be callE1d by t11e President of the 1I.ssociation on
hree days' noticQ to ench Director given personally or by mail
s hereinabove prOVided, which notice shall state t.he time, place
nd purpo~e of the meet.ing. Special meet.ings of the Board of
irectors shall be called by tha President or Secrctacy in like
Qnner and on liko notico 0/1 t.he written request of nt least ono-
hird (1/3) of the Directors,
Section 11. Waiver of Notice. Beforo or at any meeting of
he Boarel of l1irect.o~i:s, any Dil:Octor may, in writing, wiilivEl not.ioe,
f Such meeting and auch waiver Hhall be deemed the equivalent of
he giving of such notic.. ^L~QndnnOQ by n DirnQ~or n~ any m.4h-
ng of the Daard of 01r.ectors shall be a w~iver of notice by him
f the time, place and ,purpose t.hereof. If all the Directors are
resent at. nny meeting of the noard of Dir~ctors, no notice shall
required and any business may be transacted at such meeting.
Sect.ion 12. 'Ouorum. nt all meetings of the Board of Direc-
rs a majority of' the Dir~ctor.!l ~hall con$titute a quorum for.
e transaction of bu~ine~s, and the act~ of the mnjority of tho
irect.ors prl!sl1lnt .:It .1 lnlJetinq at \~hich a quorum is pr.ascnt shall
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b. the <<ct. of the Board of Direc~ors. If at any meeting of the
Board of Directorl there be lesl than a quorum present, the major-
ity of tho.. precent may adjourn ~he meeting from time ~o time.
At any such n'eetil1g, any resumption of business which might have
b.en transacted at the meeting as originally called may be trans-
aoted without further notice.
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Section 13. Action Without Meetina,. Any action taken
Board of Director~ required or permitte to be taken at a~y
ing ~ay be taken without a meeting if all of the members of
Board of Directors shall consent in writing 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. In~urance. The Doard of Directors shall obtain
and maintain the insurance coverages required by the Declaration.
Section 15. ~asements. The Doard of Directors is authorized
and emJ..lowerod to grant such licenses, easehtents, rights-of-way
for utilities and other purposes as are authorized in the Doclara-
tion.
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!\RTICLE VI
QIT.!CF.RS
Section 1. Desiqna~n of Officers. The principal officers
of tho Association shall be a P~c~ident, a vice President, a Secre-
tary and n Treasurer, all of whom shall be elected by tho Board
of Directors. After the lapso af all Class B memberships as pro-
vided in Article III of tholc By-Laws, the officers of the Asso-
ciation shall be M~mbers. The Directors may appoint an assistant
secretary and an assistant treasurer. The oftices of Secretary and
Treasurer may be f.i11od by th'!! sama person,
Section 2. Election of Offic~rs. The officers of the Asso-
ciation llhall be ~lected iiimul:IIJ.y by the Aoarc1 of Dir.ectors at tha
annu~l meeting Df ~~ch new Board and shall hold office at the
pleasure of the noard of Dir.~~tors.
Section 3. nerro'/aLcf" ..21f.i.ccrs. Upon an affirmal:ive vote
of a majori ty of the m"lmnerl'l of thQ Board of Directors, any officer
may be removtld either wit',h 01: wil:!-tout: cause, and his 8UCCeSSOl: elected
at any regular mA~ting of tho Board of Directors, or at any apealal
meeting of the Board of ,Directors called for such purpose.
Section 4. President. The President shall be the chief ex-
ecutive officer. of tho ,\,;srJci,fJl:ioll. He shall preside at all meetings
~' of Members and of the B'Hlrd of Oi rectors. lie shaH have all of the
general powers and duti~~ which ar~ usu~lly vested in the office of
president of a corporatl~n.
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Section 5. Vice rresiden~. The Vicft Pr.esident shall ~ake
the pace of Ella Pr:U1cll!nt anaperform his dut:ies whenevel: the ,
President shall be absent or un~ble to act. If neither the Presi-
dent nor the Vice Prollidant is able to aot, the floard shall appoint
Some othftr member of t:h~ Doard to do RO on an interim basis. The '
Vic~ Presldnnt shnll nIno perform SUch other dutios as shall from
time to time be dcsignated ~o him by tho Bonrd of Directors.
S<!ction 6. liecl:etaU. Tha Secretary shall keep the minutes
of all mOt:!tin\lR o f.- the UOilrd of Oircc:tors and tho minutes of all
meetings of t1embel's. 110 llhal,l have CUlltody of the seal of the
Association and he llhall have charga of the membership transfer
bOoks and of Such other bookn and papers as the'Doard of Directors
may cHract. Ho !lhall, in glJner<ll, porfono all the duties incident
to the of rico of Recretary.
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SccJ:1.!:?!!.. 7. ~rrca!lu~. 'l'lll~ Trel\llurer shall have rasponsibi_
lity for ^l1!;oCTiit[on fUllCJr, and HP.curi till!:! and shall bo re,o;ponlliblo
for the kccpj,ng of. full unel ilcCur.nb.! accounts of illl roceipts <lncJ
dishllrSem()ntfl in )looks bl.!1ongil1C} to the I\IlS0cilltioll. I/<! sJwl1. be.:
responsiblo for the- c!(.![l(1I;J I: (.f. "11 mo"r~yt: <111,1 other V<llui'1bla offccts
J.n tho nilllle, .,,,cJ t,fJ th~, CT.'f"u.i 1:, of tha M1ROciatlon in BllCh deposi-
torias a!l may from timo to Umo be c1'Jfliynatec1 bl' the lJoard of
Directors.
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FISC^L MlI'!'TERS; Sl~1\r.
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Section 1. Fisc<I] Ya~r, The fino~l year of the ^~sociation
shall bogill ontli;~'-ffiilt,Tcl:i of .ri;\nui1ry every yeli'1.r:', l:'lCCQPt for tho
fir~t fi~c<ll ye<lr of the, 1\~:rJc.'d,nt:ion whlc.:h 9ha11 bo;rin on tho date
of incorporation.
Section 2. no()ks and ^C:Collnts, Books Ilnd nccoun ts 0 f the
^S!1oc: L11: i "" nit" I. 1"';i,7T(ij:;-r ui;(f~"i:'-th'1 u.i, rc:r:t.i.on of the TrC'i1suror in .,
nCc(1r.cl<1/W'J with '.1'.''1I1I:nl J.'I ,'c:r;:cpl:cnl ilCCou"t.i.n<j principlos. The same
shall includo boo~s with cJ~tailnd accQuntn, in chronol09ical order,
of the rec()ipt~: ilnr.1 of ~,ltf! "~):p(Jndit:uro!J r:>f: the J\llsociation and its
administ:r<ltion on~ sh~ll Bpaciiy the mi1int~nance and repair exp~ns..
of th~ ComrllJn,ity r"lcl Ji 1:1"" IIn,) I1n'( other eIC""'nlll"" ,incurred. An aCCOunt
of any rosorvos Glntll/.)lj nh...,., by tho! tlol!lrcJ of Directors, LnGll.ldLh.
additions thare to llnc\ tlil1bu L":lemcn 1:'-1 th<H'lwf, shall alllo be maintainecl.
That amount of any <:lO'lE:1r;""n(:nl: .r:'1!l1uir<!d for P<'I}'ment of any capital
expandituros or re5~rvnfl n~.tat(1cl thurntr.' or the ASsociation shall
be credited upon lh... b~"11~n of t:h~ 1\r:5e'ciatioll to the "Paid-in-Sur_
plus" lICCOun t Ill: ,1 caplt:,~l COlIl:d,bu t ion by ~1'.'lIIh(u's.
Sactiol1 J'_~"MPr.!;.s:.~l:,'2!] of ~Q~t1. 'rhl~ bool:s <lnd account. of
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S.~~lon 4. I\udi~. A~ the close ~f each fiscai year,' the' "
,book. and ,recordR of ~he I\Uociat:ion .hall bCl audited by an inde-' '
pendent certified public accountant whose report shall be proparod, ~:.'
and certified in accordance with, generally accepted auditing st'an- ..
'dards. The I\ssociation shall furnish such report' and the ,Ilocompany-,.",
.ing financial st.ntement.s to the Members. Copies of suchrepor~ ~
and Bta~emClnt.s sha 11 olso be furn tshed to any first mortgageo of
any Dwelling Unit or building oituated within the Proportio9.
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Section 5. ,Seal. Tha Board of Directors shatl provide a
Buitoblo corporat~saQl cont~inin9 the name of tho Association, "
which, Beal shall ~1I Lh tho cho!:gl! of the 'ecretury.'. '
1\RTICLE VIII
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N-1ENDMENTS
Soction 1. I\mendmon l:.u. These By-La\o1s Inay ba amended by .
resolution Ql'proveu ,by n ,liIiijorit.y vota of. each ClaslI of I.lombor.
bnRod upon l:.ho enti!:e out.stnnd.lng momberl!lhipR of ench Clau at. ,
meeting duly cnllodfor !Iu<:,h purposCI at. which a quorum is pres.n.t, , .'
writ.t.Cln not.ice of \~hic:h sh.\'tl hlIVl! dinclosod t.he pu!:poRe of t.he '
meClt.ing and uescl'ilH3cl t.he prl")p()l'~(l oln(~ndl11ent.,' and which shall have'-
bClen sont. to all or the Membertl at least. thirt.y dllYS in advanco of
such meel:ing; provIded, htl"!ovcr, l:.hot no such amendmont shall be .
pClllsed Which would make thes'c Dy-Laws inconllistent with the D<<l~14-
ration or which would alt.er t.he rights of first m,ort.gllyecs' of' "
record M r.et forth in tho "eclaration or. thlJ!to Dy-LlI\~" unloss
t.he requisitu number of finlt Inortgagees havo yiven t.hoirapproval ,
os required by t.ho DeclftT.'lltion.
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IUSCI~LLANEOUS .
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, Section 1. Conflict. These By-Laws ar.subordinate In4 .ub- '.;".:.,...
jeot to all provisions of. t.ho Oocla:C'ation. In thlll .vCI.nl: of any",. ~ ",'
conflict bet.ween t.hese'8y-L~ws ~nd the o.clara'ion, t.he rro~1.10". .,~.
of t.he Declaration llhllll control. . " .,,'.. ;':"'"
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Sect.ion 2. Commit.tee~.' The Board of: Diroctors may, '. '..
from time t.o timo, 4[lpoLn~l'luch COIMlittCles as it cons idol's n.~.'..t'y ,
or appropriate frcm t.ho mcmberl'lhil" of t.h. Corporation. ..ch of ' ',...,~..
which IIhl\l1 conALlll:. of . chaLrlnlln Ind at lelnt t.wo (2) othol:'
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Mt 1'/IA'l' CERTAIN condominium Unit L-6 in 8100k 1 And J. 905
per'oen~ or thQ Comnloll tntereots i'n the Ct)nvnon Blemenl:s of WOltwood
Vi 11A90 COllclomJ,nium*, covered br And SUbject to the Doclaution Crsst-
illy Ind EUldbllllhinv Westwood V lld!!/) Condominium, d"!;ed Janulry 29,
197.5, dnd t'8oorded J.n MiBOllJ.laneoU8 Book Volume HJ, Page 283, Cumber-
hnd County rucor'dUI ..nd lhe Code of RegulAtion. adopted pUI:'IUAnt
I:horlto, d~t8d JAnUary 29, 1975 Bnd recorded in Miucell..neouo Book
Volume 213, PBgo 328, Cumbdrland County recorda, and the Oeol4r4tion
Plllln with rd8pect to said Condominium, dated JanUAry 29, 1975 And
rMoorded 111 Pl.n 800k Volume 26, PAge IS, CumberlAnd County recordl;
situAtO'ill Eut Pftnnuboro Townehip, CUlllberlAnd County/ Pennllylvani4,
*(ASlmllnclMdJ '
THE GRANTEE, tor and on behalf of the Grantee and the Grlllnt..'8
hah'lI, PUllonlll rept'e8entac.Lveo, 8uoceuor8 and aUiqns, by the
d~a8pC.nQv of thio Oeed Ooven~ntu and "9reee to puy ouoh Charge.. tor
the mllJ.nellnOlnr:1I of, repairu to, replaoement oJ! i1nd expe"..e.. in conn(tc~
tion with tile (;OIlUIIO/l IU"1II8n1:8 1:10 IIII1Y be lISS111usod troln time to time by
the Council in accordance with the Unit Property Act of Pennllylvllnill,
Ilnd furthlolr oovenante and ilgreeo thllt the OnH oonveyed by thi8 Deed
shill bs subject to a oharge for' all amounts eo a9uesuod and that,
eXcept in so far aD seol:ions 705 And 706 of said Unit Propsrty Act may
relieve a SUbsequent Unit Owner of liability for prior unpaid 480e88-
mente, this oov~nant shill rUn with and bind the Land or Unit hereby
oonveYBd and all SUbsequent ownera thereOf, and expreusly aooeptu,
CovenAnts ..nd ..grees to be bound by all of ths provldono of, Ana
sp8oifJClIll:y a91:BB9 to assume porfor:mance af all obU911tions under all
ot the dOClllllent.s referred to llb\lve "nd recordect ill the recordll of
C'lllllber.land County; Hllid doouments are hereby hlade Is part of this Deed
~nd are 11~luLy lllcorpu~~ted herein end mdde a per!; hereof by reference
w,lt:h 1:/", OClIQIlf force IInd eft!tl,ct 118 tl101l911 tUlly eet 1:0"", "'UU"'" "no
apeO.1fioallYl without limiting the forego!n?, Sectiun 7 or ths Decl~
ration Cr..t nq Md Establlehillg Weatwood VJ.lhge CO/ltloodllillln .Is
he,reby made a part of thls Deed elnd 1:J hereby .lucor:porllted he,r:e111 with
the aamo tcrce and effect a8 though fully 901: for:th her:~ill, ~Ild also
ClxpreslIly accepts, covenan!;" and Bgreeo to be bOIlUd hy all of the
prOvisions of, and specifically agrees to 89elUme perCornlllllce ot Bll
ob:ligatione uuder e certain DeclarBtLon of aoven~nt:" alld restrictions
of Wl!llJtwood Village Community ^ssoclatian, dated Jllllllary 29, 1975 alld
recorded in Miscellaneou8 Boole: Volume 213, Page J6~, C:'Jlnber.lsnd County
Recorda; aaid dCCUllIellt. 19 her.eby made 1\ pllf:t of this Deed /!IlId 110
hereby illCorporated heeein and made II part her:eof by rerer.ence with
the same force "'nd effect as thouqh 1'Ully Aet forti. hal'ein,
Gn..\N'fEE, by execution of thiB "eed, expr:e801y qrllllto 1:0 the
Grantor the power and authority 0'. beluUf of Grant",,,, to execut,., IInd
ACknowledqe SUch arnendmentg to ~he DeoJ.4l:'atioll CrQllt,ill!1 and ElJt"blhh_
ing Weatwood Villare COndominium and the Oenlar4tLcn Plan as are
authorized by Sect or, 7 or 8aid Oeolar.:lt1011; and, "r, behalr of Grant-
ee8, in connection with Quch eXllcutio~ alld to the eKtent further
aotioll to effectuate 8uch amendmento io necelloar:y 111 COl1neotion with
the Unl~ Property ^ot of PennaYlvania, the Grantee expressly grante to
the Gr.antor an irrevocable power or attorlley, Coupled wj,th an inter.-
eQt, empowering Grantor to' approve gild Gxecuto JUlY Ollch' alnelldlllent to
the .aJd Dechution and DochrllUol1 Plall c:olltelllplllt!ld within eald
Sectioll 7 oe Bllld O"clan.ltion, and 110 ueparllt.e or e>l;her 81gnil:ttlI:'8,
votl! or other. apprOval shalt ba requilJ1te to tho eKocutioll, acknowl-
edgement: or recording thoreof.
BEING THE same premises which Raymond B, Miller and Bernadene B. Miller, hUsband
and wife by their Deed dated August 24, 1994 and recorded in the Cumberland County of
Recorder of Deeds Office at Deed BOOk 111. Page 393, granted and COnveyed onto Melinda M,
Erway, the Defendant in the above.captioned maller,
Exhibit "A"
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WESTWOOD VILLAGE COMMUNITY
ASSOCIATION,INC"
PlaintllT
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 98.2287
MELINDA ER WAY,
Defendllnt
: CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please satisfY the lis pendens filed to the above-captioned mlltter and mark the action
settled, discontinued llI1d ended with prejudice.
Respectfully submitted,
Date: June 15, 1999
SAlOIS, SHUFF & MASI,AND
By ! '1f,.w.JL-
Kar M, Le ebohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Westwood Village
Conummily Association, Inc,
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