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of the Covenants and Restrictions is attached hereto as Exhibit "A"
and Incorporated herein by reference,
4, The Defendant, as the owner of the Property, is a member
of the Westwood Village Community Association, Inc" (the
"Association") and is governed by the By-Laws of the Association
(the "By-I,aws"), a copy of the relevant portions of which is
attached hereto as Exhibit "B" and incorporated herein by
reference.
5, Article V of the Covenants and Restrictions and Article
II I, Section 4, of the By-Laws, provide that the owner shall pay
annual and special assessments to the Association, which
assessments are to be paid in advance on a monthly basis,
6 , Each annual assessment and special assessment, payable to
the Plaintiff, is determined as set forth in Article V, Section 3
of the Covenants an~ Restrictions and as set forth in Article III,
Section 4 of the By-Laws through the Association's Board of
Directors with written notice of the assessment to be sent to every
owner subject thereto pursuant to Article V, Section 3 of the
Covenants and Restrictions,
7, The Defendant was notified that the following monthly
installments of the annual assessments were due and payable to
Plaintiff in advance, as follows:
A. Assessment for the months of January through December,
1997, inclusive, on the first day of each month, respectively, in
the amount of Fourteen and 00/100 Dollars ($14,00) each,
B, Assessments due for the months of January, February and
March 1998 due on January 1, 1998, February 1, 1998 and March 1,
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DeCLARATION QF COVENANTS AND RESTRICTION~
WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.
. PI/AS! 1
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TIUS DECLARATION, made this ;. 9,/i day of
1975, by M.L.W. CONSTRUCTION CORPORATION, ~ Mar
(h.roinafte... ...er.I:'....c\. to .. the "Developer,").
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tll/EREAS, the Dellelopelr is the tne simple owner'of cortain ,
roal property located in East Pennsboro Township, Cumberland County,
Ponnsylvania and more particularly describod in Exhibit A Attached
hereto and made a part hereof, which real property and Any other
roal property which may be deeded by the Delveloper to 'NESTWOOD
VILLAGE COMMUNITY ASSOCIATION, IHC. togethor with the recroational
' and othar community facilities, improvements And opnn spacos baing
doveloped therson is hereinafter reterred to as the "Cummunity
Faoilitie."/ and ' , , ,
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trncREAS, said Community Faoilities are being devoloped for
the un and benefit of a residential oommunity:c:ons1sting ot ap-
prodmately 926 dwelling units to be oonstruoted in fil(lt. or ,more
phu8S on five adj a~ent trjlcts of real property, e!'ld ::-:;,.( , :" , ..
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WI/EREAS, the Developer desires to provide .for the 'preservation
ot VAlues and amenities in sald community and for the'mAintenanoe
and oporation of the Community Facilities, and, to s,uch end, 'dasir~e
to subject the real proparty oonstituting each of the :phaacs or
rasidential deVelopment, as ~ho construction of each such pha.a (
is completed, to the covenants, rostrictJ,ons, easements, chargos',
Assessments and liens hereinafter set forth, aach and ell ot whic~
are for the benefit of the communftyand each owner .therain, and ,
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WIlEREAS, in (Irder to so preserve the'valuBIl and,emenitie. in
the co~~unity, tho Doveloper has deemed it desirable to creote
an entity to which the Community Facilities should be deodod and
to which should be delegated and assigned the powers and dutioe
of mdntainin'1, operating and administering the Community racUi- ,
ties and administaring and onforcing the covenants and restriction.
and collecting /lnd disbur,sin9 the asseumenta and charg08 h.rein-
atter oreated, and , ";"
tlllEREAS, the DeVeloper has incorporated under the lawI 'ot
the Comrnonwe~lth of Pennsylvania, as a non-profit membership ,
corporlltion, WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.. ..., the. ,
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entity to w~ic~ t~e Community Faoilities will be deeded for ,the'
purpose of exeroising t~e aforesaid funotions, 'and
mfEnEAS, P~ase I is being oo~temporaneously submitted to t~e
provisions ot the Unit Property Act of. Pennsylvania pursuant to a
recorded Declerat:ion Creat:inq and 'EstllbUs~ing ,~..twood I(illage
Condominiwn, which docwnellt also provides that said condominium
project Coan be expanded to ,224 dwellinq units by including t~.
euccecding three phues ot, cons truction which toqet~er with Ph,ue
I win Clncompass tour ot the five tracts ot real pt'operty constitut~
ing tho ruid!lntid community to b. 1J1II:Ved by .tlle ~o~\I.O.~ty Faoili-:- ,
ties, and ' . . ': ..
WIIEREhS, the fifth trAct to be included in the 'residential '
community is currently zoned tor the construotion Of approximately
702 dwelling units which will not be inoluded in the aforesaid'
Westwood Village Condominium project. '
NOW, TIIF.REf'ORE, the Developer declares that the red property
constJtijting Phase I, and ,such additione t~ereto as may hero.ftex
bo mado pUl:suant to Article II horeof, is and shall be 'held,'
transferred, sold, conveyed and occupied subject to,the covenants"
restrict:ions, easements I assossments,c~arqes and liens. (sometimes ,
referred' to as the "covenan~s, and Restri.ct,iO~~,~l he.r~~naf,te;r set tor,t~,
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Section 1. Definitions. T~e following words when used in
this DeCraration or any Supplemental,Declaration (unless the'con~
text shall prohibit) 'shall have the f,!llowing meanings I '
(a) "Association" shall mean and refer to W~STWOOD VILUAGE
COMMUNITY ASSOCIATION1 INC. .., ..",'.. ,: ", 'J "
,(b) "T~e Properties" shall mean and, reter to all such lllCJ.sting
. rod property, a~d any addi tions thereto" as are subject to this, ' ,
Declaration ot any 'Supplemental Declaration under t~e proVisions at .
..Article'IIhereot. .... '; . '.'. ',', "', '
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,(c) "Dwelling Unit" shall mean. anel reter to any portion of a
buildin9 situated Upon The Properties designated and intended tor
use and Occupancy as a residence by a single family, and may includ"
units so designated unJer the Unit Property Act of Pennsylvania,
alngle tamily homes or multifamily buildings. ' " "
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(d) "Owner'" shall mean and refer to' the record owner , w~ether
ana or more persons or entities, at the tee simple title to ,any,. ., :
individual Dwelling Unit 01' any buildinq containin'i/ more than ono ',..:,
Dwelling Unit uncler lingle own,rship sit",atlld, up,on. ,:\,~e .PJ:~Pe,rti..,. ,;, .
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not- mean or reter to any person or entity which hOlds such interest
merely as security, for the pertorm~nce ot an Obliqation, including
a mortqaqee, unless and until such person or entity has acquired,
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Of foreClosure. "" . " " '. , . ..' ' .:.,.... .'
Ce) "Member" shall mean 'an'd refer to aJ.l those Owners who/lrll
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Cd) Any Such Supplemental Declaration may contain SUch " ,","
complementary additions and modifications of the Coven~nts and'", .
Restrictions Contained in this Declar~tion a. may be necessar,
to reflect the different Character, if any, of the added real .
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ARTICLE II
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PRO(lEnT~ SUBJECT T01'HIS DECLARATION ADOIno S TI/Eru;:TO
Section'l. EXisttnq Propert~. The real propert,y which h,
And shAll be, held, tr"nsferred, Sold, COnVeyed and OCcupied aub-'
.ject to this DeClllration is lOcated in EllSt PBnnsboro TownShip,
CUmberland County, Pennsylvania, iS'herein referred to ao "Pha.e ;'"
I" and is more partiCUlarly descr~bed in Exhibit B herqto. "" ,
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Section 2. Addition to Existin
Facilitios. Addltlona rea peoperty may
Declarattoll 1n the fOllOWing manner!
arty Gnd Communit~
ecome sublrect to this
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CG) At lIny time within a periOd of seven years from tho date '
'hot 'hlo '00'.""," " "'''.'', th'."""I"', '" '""""re ' .
.and aSSigns, shall have the right, without Obtaining the 'consent, ,
of the Nembers,,, to being within the Scheme of this OOclaration'
additional real property in future phases of the construction of
,the residential community referred to above/ provtded, however"
that Such real property shall be from Among the four tracts of
roal property Which Gre more particularlYdescribod in Exhibita
C-l through C-4 Which are attached hereto lInd made a pert: heeeol, "
and, provided further, that any SUch additional ralll property to- ,
gather. with Phase I shall. not include or have constructed thereon'
in excess at 926 Dwelling Units". SUch additional real property"
mlly, but need not be; part of th~. W~~twoOd Village COndominium
projoct nfert:ed to above. " , ',...."
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"(b) At any' time within a pe:iod of seven yaars from the date
thllt this DeClaration is recorded, the Developer, its succossors '
and GSsigns, shall have the right after Obtaining the consent of
tho ,,'" " Direo .,,, " tho ''''''ot,,", '" 'ith". '"''''''' ..
the COn30l)t of tho ~lembers, to bring within the Scheme 'of' this ' ,,'
DeClat'lltion additional real property to be Used as Community Faci-
lities/ prOVided, however, that 'the additionGl real property is '
from the real property deScribed in Exhibit C-4 and is deoded to '
the ASSOciation (at no cost to the ASSOciation) with all improve_ '
ments cQmpleted thereon and is free lInd clear at aU .I.ndebtedn8l" '
Cc) The additions authorized under this Article" II shall be
made by ftling of reCord in the land records ot CUmberland County,
pennsylvanill, one or more SUPPlemental Declarations of COVonants
'/lnd Restrictions with respect to the additional real property which
shall extend the Scheme of the Covenants and Restrictions of this
Oeclaration to SUch additional real property. '
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Doclaration. In no event, however, shall suoh SUpplemental
Deolnrlltion revo~e, modity or add to the covenants established
by this Declllrlltionwithin ~hase I or within any other real
proporty theretOfore aaaed pursuant to a preVious Supplementlll
Deolarlltion allCopt by v!t"tue of the Developer's deeding additionlll
real property to the, Association for Use as Communil:y Faoilitie..
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llnTICLE III
!1EMa"nsIIIP MID VOTING RIO/(TS IN TilE MSOCIATIO~~
~ection 1. Total l:1embershi!). The authorLzed number of
memberships ot the AssOolation shall be 1,852, of Which no more"
th,," ,926 shall bo issued and cutstllnding at AnYone, t!me. The
momberships shall be of tliO classes A a')d n;
Section 2. Claos A Membors~. Every OWnor SUbject by (:ovenant
of reoord to assessment by tfie-As9ociation shall be a Class Amem~
ber of the Assooiation. Each Class A Member shull be entitled to
one Vote tor each Dwelling Unit Which SUch ~Iember individually
OWns of reCord or I~hich is Contained in a bUilding lihic!1 Iluch
Momber Olms Of record 1 provided, however, that there liill be no
me!:!! than 926 Chss A memberships, all hllving one vote each.
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Section J. Class D MemberShips. There shall be 926 'Clasj B ,
membet'ships, all of which shall be issued to the Developel:', or to,
its nominee or nominoes. Each Class D Member shall bo entitled
to throe votes tor each Class B membership so held. As eaoh Class
A membership comes into existence and is issued, one Class n mem-
bership shall lapse and become II nullity. All Class B memberships
shall lapse and beoome a,nullity on the first to happen of tho', ,:
'fOllOWing events., , , ,
Ca) I~hen the total issued al1d outstanding Class A membership'.
IlCJual 9261 or
Cb) On Ootober Jl, 19811 or
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Co) Upon the Writtlln eurrender of Bdd Class B memberships
by the then holders thereof for oancellation.
llRTICLE IV
!'ROPERTY nIallTS IN THE COMMlIt!ITY FACILITIF.!
Section 1. Hembers I Easements of En10vment. SUbjeot to the
prOVisions of Section J of this Artlcle, .every Hember shall hllve
a nonexolusive right and easement of enjoyment ~nd Use in and to
the Community Facilities and SUch easement shall be appurtenant to:
' and shall pass with the title to each Dliel.ling Unit: which Buoh
Membor indiVidually owns of recorcl or which is Oontained in a
building whioh suoh ~l\lmber Owns of record.
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Sootion 2. Delegation ot Ri'lht of Enjoyment. J\ny Member ,may'
, dolegato his right of enjoyment ot the Commun1l:y Faoilities 1:'0 (al
mombers ot his family, Ibl his guests, and (c) his tonants who
rosido within a ll'o'/olling Unit and their faml,lies and guests, all
sUbject, however, to the provisions of this Declaratlon and the
Artioles of Incorporation and BY-Laws of the Associlltion.
Section J. Extent of ~Iembers' Easemonts, The right and ease-
mont of enjoyment And use-Created hereby shall bo subject to thll
following. ' '.
la) SUch easements, Ilgreements and interests as may bo appli-
cablo to the Community Facilities set fonh in Exhibit A at tho time
of execution, of this DeClaration or as may be applicable to additional
Con~unity Factlities as of the date they are deeded to the Aeeociatton, .
and ,
, Cb) The right. of the Association to make and enforce rules
and requllltions pertaining to the use end enjoyment of the Community
Facilities prOvided such rules and regulations areoonsistent wtth
tho purposes of this Declaration, and , !
(c) The right ot the Association to levy roasonable admission
charges and other fees for the Use by Members end thetr quosts of
any ~ecreational facility situated within' the CGmmunity Facilitieo,
and
Id) The right of the Assooiation to limtt the number of queste
of Members or their tenante; and . :
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(e) The right of the Associlltion to SUspend the voting rights
and the rights to the use of the Community Facilities Cexcept for
rights to the U.~e ot streets, roadways and parl:ing areas, Which
shall not be SUbject to suspension for any reason) for any period
during which any assessment romains unpaid and, for any poriod not
to exceed thirt:r days, for an)' intrllction of anl' of the, PUbliShed '
rules and regulations of the Associationl and
Ct) The right of the Association to grant rightS-Of-way and/or
easements tor any public utility purpose to any governmontal agency,
public utility or to the Developer for the purpose ot tho installa-
tion lind/or mllint9nance of such utilities as ,may b~ necessary to
sorvo Ilny of the Community Facilities or to serve any portion of
The Properties I prOVided, however, that no such easement and/or
rtghts-of-way shall bo permanently inconsistont with the enjoyment
of the Community FacilJ.tilll by the ~lembers of the AuociaUon.
Any rights of tho Association reserved hereby may' be exercised
by the Board of Directors of the ASSQciation except to the extent
to which such rights are directed to be e~ercised by ,the Members.
Section 4. Title' to Communlty ~'acilities. The Developer may
retain the legal title to the Community Facliities set forth in Ex-
hibit A until Such time al it has completed the recreational faci-,
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lities thereon and until such time as the Association has 87 Class
^ memberships which Are hel<l by Hembers other thlln the Developer,
but, nptwithatanding any provision herein, the DeveloplIr hereby'
covenllnts, tor itselt, its successors And ar.signs, that it shall
convey the COHununity Facilities set fOl'th in Exhibit A to the
^ssocilltion not later than October 31, 1901. Until the transfer
at title to such Community Facilities to. the Association, the '
DeVeloper shall porfonn all of the obl.tgatlons, covenants, And
agreements (incLUding those belonging to the Association fallowing
conveyance of title), llnd shall abide by the restrictions cont'ined"
heroin wHh respect to such Conununity Facilities, except' for sllch "
construotion and marketinq Activities a9 aro consistent with deve-
lopment.
ARTICLE V
COVENANTS FOR ASRESnMENTS
Sect ton I.. Covenant' tor Assessments and Creation of Lien IIOd
' Porst;lnal Obligation. The Developor for ellch DWelling Uni t owned by
it or to be created by it within The I'roperties her,by COVenants
and each Owner of any individual llI~ellin\l Unit or any buUdinq con-
taining more than ana Dwelling Uni t by acceptance of II deed there tor
whether or not it shall be so expressed In ~ny such deed or other ,
conveyance, is deemed to covenant and agree to pay to tho AS90cilltlonl
(n) annual Assessments .or charpCls as provided herein, and (b) special,',
assessments to be fixed, established and collected from time to,tima, '
as hereinlltter provided. The annual assessments and special IlSSeS8-
monts, togethe~' with interest thereon And nostll of collection ShAll
be II chllrge on the 1lI~p.lling Unit or the building contllining multiple
,Dwelling Units wh'ich an Owner o\ms of record Ilnd ShAll be n continuing
lion upon the Dwellin'g Unit.s \~hich 'an Owner owns of record and IIgll!nst
which such Ilssessm~nt is mllde from the time such assessment is made
until"pllid in full; provided, hO\~ever, that, where any portien of
Tho Proporties hAS been submitted to the Unit Property Act, no part
at the COINnOn Elements ot such portion of 1'he Properties shall be
subjoct to Assessment by the Association. Each" assessment, tegether
wi th interest thereon And cos ts of collection, Shall also be the
'joint and severlll personal obUglltion of tho person, group of per-
80nsor entity I<ho WelS the Owner of the assessed property at the time'
when the assessment became duo. Assessments by the Associlltion, prior
to such time AS tho Developer has tri.\hsfe,~red title to the Community ,
I'ilcilities set forth in E:<I1ibit ^ to the Association, shall be paid
to the Doveloper to the extent required to fulfill the purposes sot
forth in Section 2 below, but shall not exceed tho annual sum of
$100.00 ter each Dwelling Uni t, and none ot the ,funds derived trom
such assessments may be devoted to expenditures for capital imp,rove-, ',.
ments \~hich are the sole responsibility of the Developer. . , "
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SOction 2, Pur Ose of Assessment, The assessments le"vied by
the ASsoCiat~on-sha e Use or t e purpose of promoting the
recreation, scenic enjoyment, health, welfare and satety of the
~lembers and in particular for the maintenance of the Communtl:y
FaCilities, inClUding, but not limited to, tho payment ot.
Ca) All operating expenses of the Community Facilitille, , "
,including eerviceo furnished, and , " ','
(b) The cost ot necessary management and' adm1.nistration,
inc:lud1.ng fees paid to any Nanagement Agent, and
Cc) Taxes Ilnd assessments levied against the Association or
upon any property which it may own or wh1.ch the Assoc1.at1.on ~s
otherwise required to pay; and
Cd) The cost ot fire and extended coverage insurance, com-
prehenSive liability insurance, fidelity insurance and the cost
of such other inSllrance as the Asoociation may procure, and
Ce) The cost of funding an adequate reserve fund tor replace- ,
ment of the improvements inclUded in the COmmunity Facilities, a'1d,
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(f) The oost of repairs, muintenance and .replacoments of the','
Community Facilities. ,,,,,;,,,
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Scctlon 3, Annual Assessment. It shall be tho duty of the
Board of Directors ot tho ASsociation to determine the amount of
thB annual assessment for each Dwelling Unit lincludinq Dwelling
Units in a bUilding under single ol~nershlp) tor each assessment
year, Tho annual assessment shall bo the same for each Dwelling
Unit in an assessment year; prOVided, however, as The I'roporties
are eXPllnded to include more Dwelling Units or 9S Ildditional Commu-
nity Facilities are obtained within any given assessmqnt yenr, an,
Ilpproprillte and unitorm adjustment of the rcmaininq instllllmo~ts
of Such Ilssessment shall be made in accordance with tho afores~id
standard of treating each ll'~elling Unit alike for each tull cllJ:endar
month during Which it was part ot The Properties rogardless of its
size or location, The annual assessment for .,'ny Dwelling Unit for
any asseGsment year (after the first annual assessmcnt liS provided
Ln Section 5 of. this Article) shall he come due and payable and a
lien against the Dwelling Unit or bUilding containing multiple
/)"'~llin9 Units on the first day of. t,he first month ot each calendar
year upon which it became part ot The Properties, Tho board of '
Dirtictor~ of the Associlltion shall give written notice ot the
annual assessment to each oWner at loast thirty days prior to the
first day ot each assessment year and shall qive turther ~ritten
notice of Changes in assessments reSulting from expansion of The
Properties or ~ommunity Facilities liS soon as practicable atter
thd facts at Such expansion are known. Assessments must be made'
on the buh of. equal. monthly installments within an)' anesament
eOOK 213 'ACE :170
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poriod except as atfected by changes resulting from expansion of,
"ho Properths at' the Community FaoUitiesl sllid inst,allments shall
be paYllble in adVance !In the first day of eaoh calendar' month.,
Section 4. Special Assessments. In addition to the IIn~ual
IISSessnlent authorized by this IIl"Ucle, the Association may trom
time .to time levy a spechl assessment for tho purpose ot defrllY-
inq in whole or in Pllrt the cost of anv reconsttuction or unOXDecte~
'ropa1.r of Iln improvement located upon the Community Facil1.ties,
inoluding the necossary fixtures and personal property relllted . ,
thereto, providod, howeVer, that any special ASseSSment shllll
only be levied by a resolution approvad by a majority vote ot
onoh Class 'of Hembers Cbased upon the entire outstllnd1.ng member-
ships of each Class) at a moeting duly called for SUch purpose
lit which II quorum is prosent, written notice of which shall'have
disclosed tho purpose' of the meeting and shaH have been sent to
1\11 ot the H<:lmbers at least thirty d'1Ys ill advance of SUch meeting.
Tho due date for the payment of any special assessment shall be
tixed in the resolution author1.dng such asseSSntllnt. ."ny'specilll
nssessment levied by the J\ssociation pursuant to this Section.4
shnU be the some per D\~e11in!J Unit: (including Dwel,linlJ Units"in
II building under single ownership). ",,' , '
~Qction 5, 1\ssessment, The annual
assessment per 0 shal conunenoa on tIe Utdayof the ,month
fo11oldng the fi rs t conveyance by the Developer to the Olmer of
nny D\~elling Unit in Phase I. The first Ilnnual assessment shall
be mlldo for the balance of the assessment year and shall become
due and pnynblo Ilnd a lien on the Dwelling Units as of the dllte
of conveyance of the first Dwelling Uni t as aforesaid.
Section 6, Reserve for neplacements, The Association must
establish anli maintllin an adequate reserve tund tor replacements
by the Illloclltion and payment Cfrom each month's installmonts ot
the Ilnnual assessment) to such resorve fund of an amOunt to be
dosignated from time to time by the Board of Diroctors :It" the
A9s0cilltion. Such fund shall be conclusively deemed to be a
conU1\on fund of the ASSOCiation and shall he crodited upcn the
books at the Association to the "Paid-in-Surplus" account as a
capi till contribution by the Nembers, Such fund shall be dep09~ted
,in II spocial account with a lending institution the accounts of
which al:e illsured by <In agoncy of the Uni tod States of Medca or
/l1ay, in the discretion of sail! BOllrd of Directors, be invested in
obligations whIch are fully guaranteed as to principal by the '
United States of America, The reserve may be expanded only for
replacemonts of the Community Facilities. The'proportionate in-
terest of any ~lonlber in such resorve shall be considered an" ap" ,
purtDnance of his Dwellinq Uni t (including DweJ.1ing Units in-
cluded in a bUilding Under single owne~ship) and shall not ,be
8eparlltely withdral~n, assigned or tl'ansforrmd or otherwis,e sep-
aratcd tram the property to which it appertains and shall be :'
doemed to be transferred with such Dwelling Unit or,Unit..
.
BOOK 213 hltt :;'11'
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Section 7. 'Assessment Cortificates, The Board of Directors
of theAnDciation shall prepare and maintlll.n II rostor at the
O'ilellinq Units (includinq Dwelling Units wIthin II building undeJ:
single ownership) and the annual and spacial assessments and
charge. currently applicable theroto and shall make such ~ostor
available for inspection of Members upon request. The ^ssocllltlon
,shall, Upon demand, at any reasonable time, turn ish to any Owner
liable tor any assessment or to any first mortgagee of a D~ellinq
Unit ~r bUilding containing Dwelling Units a certificate in wJ:!tinq
signed by an officor or other authorized aqent of the Assoc1.ation,
stating whether such assessment or charge is paid or unpllid. Such
certificate shall be conclusi.ve evidence ot ,the payment of lIny
aSSQssment or charqe thercin stated to have boen paid. ^ reasonable
'ChllrqB may be levied in advance by the ^ssooiation for each cer-
tificate so delivered. .
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AnTICLE VI
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NON-PAY~lENT OF' ASSESSMENTS; lIE~mDIES; SUDORD}NATION OF' LIEN
Section 1, Non-Pa~ent of Assessments. Any assessment or
iMtllllment thereot levied pursuant to thes'e covenants which is
not paid on the date when due shall be dolinquent and shall, to-
gether with interost thereon and costs of collection as herainattar
provided, become a continuing lien upon the Dwollinq Units against
which such assessment is levied pursuant to Sect{onl ot ^rticle V
hereof, AU assessments shall bind such DI~olling Unit or bu.l1dinq
in the hands of an Owner, his heirs, devisoes, personal reprasen-
tatives, SUccessors and assigns, The Obligation of suoh Owner to
pay such asse~sment, however, shall also remain such Owner's per-
sonal joint and several obligation for the statutory period.
Section 2. Remedies, If any assessment or inntallment thereof
is not paid within thlrty days atter the due date thoreot established.
by the Doard of Directors of the ^ssociation, the dolinquent amount
shall bellr interest from the due ~ate theroof until paid at a l~wful
rllte ostablished by resolution of the Board of Directors of l:ho As-
sociation lit the boqinning of each ~ssess~ent year. Tho Association
may hrinq Iln action lit 1Il\~ aqainst the Owner personally obligated 1:0
pay the slime or may toreclose the lion agilinst the Dwelling Unit
or bUilding containinqmUlti.p1e Dwelling Units in tha mllnner pro-
vided by law, In either event, the ^ssociation shall recover from.'
such C.wner or out of the proceeds of foroclosurB accrued intorest
lInd costs of COllection, inCluding but not limited to, reasonablo
Ilttorneys' fees. No Owner mlly waivo or otherwise escape liability
'for the assessments provided in this Declaration by non-use ot the
COIMlUn1.ty F'acilities or Ly, abandonment or non-usa of his Dwelling
Un1.t or Un.lts.
Section J, SUbordination ot Lion. The lien of the assessments
provided:f<)r in this Declaration shall be subordinate to (0) tho lion
of any real 'estate taxes' or genoral or special assessments by the '
local taxing authorities imposed on the Dwelling Units or bUildinq
containinq multiple Dwelling Units, (b) the lien ot any first'
mortqaqe now or hereafter placed upon any Dwelling Unit or buildin9
containing rilUJ.tiple OI~elUng :Jn1.ts subject to IISsessment, and (c)
liens created pursuant to Ilny Declaration Creatinq and Establishlnq
a Condominium pursuant to the Unit Property Act by rea.on of Unpaid
BO~K Po, 3 I'.\'.~ 372
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auusmet,t to the Co,uncil ot SUch Condominium hllving jurhlliotion
ovel' any Dwelling Unit or Units. In addition, a first mortgageo '
ot ~ny, Dwelling Unit or bUilding conta'ining multiple Dwol1~M "
Unit. ~ho comes into possession of a Dwelling Unit or bui~din9 .
contllining multiple D1ielling Units purSUllnt to tho remedio,,9 pro-
vic10d in the mortg1lgB, foroclosuro ot tho mortgago, or deed ,~n ,
liou of foreclosure, shll.t,t take the Dwelling Unit or building ,
'troe at llny Clllims for unpllid Chllrges or assessments of the
Al9oailltion at the time, but not after'thl) time, such mortgllgee
comas into possession of the Dwelling Unit or building (oxcept
for claims tor a pro rAta share of such charges or assessments
rEj8ulting from II pro rlltll reallocation of SUch chllrqes or Ilssess-
m~nts to all Dwellinq Units including t'he mortgaged premises). '
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MTICLE VIl
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M!\NAGE~IENT MENT
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SectLon 1, The ASSOCiation mllY employ a,
' prOfessional management agent the "Hanagement Agent") or other "
,,',', profcUsionQ1s, at a rate ot compensation to be Ilstllblished by the",
:' 'Ilollrd of Directors of the Associ"l:ion, to perform such duties and
'sorvices as the Board ot Directors shall authorize. '
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ARTICLE VIII
~NSURJ\NCEI CONDEMN^TIO~
Section 1. Insurllnce for Donefit of Association. Unless at
least throe-fourths (3/1ths) of the mortgagees holding first O1orl:-
!Jllges on real property encompassing throe-fourths' (3/1th9) of
tho Dwelling Units give their prior \~ril:ten approvlll to /I dif.feront
type or amount of insurance covel"ltge,the ,Association shall obtllin
and maintain tho following 1.nsurllnce Covoragel '
.
Ca) Insurance coverage on, all insurable COlM1lln1.ty Facil1. tios
afforclillg protection against losll or damllg8 by firs and other
hllzards covered by tho standard excondocl covt1rage en1'orsoment.
Such coverngo shnll be in an amount equal to thOf\\ll rephcament
value 01' SUch insut'al)le Communi ty Fac ili tics as dotermi nod annually
by tho Iloar(l of Directors Idth the assistance of the insurance
company furnishing Such coverage. Insurance proceeds for casualty
losses to the Community FaCilities, by cho terms of ~he in~uranco
policy or pelicios, shall 1)0 paicl to the Associal:,ion and shall be
applied by its Do~rd of Directors to the repair, replacement Or
roconstruction of such Con~unity Facilities, '
(b) Fidelity insurance coverage against dishonest acts on the
part of directors, Officers, employees or agent, of the Associat~on
or ~lanll~"ment Agent or volunteers 'or trustees who 'are t"Cspondble
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BY-LAWS
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WESTWOOD VILLAGE COMMUNITY ASSOCIATION, INC.
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ARTICLE :t
~AMF. AND LOCATION
Section l. Name and LOcation. The name of th1.s corporat1.on
is ~fESTWOOD VILL^,m COMMUNL'l'~ ASSOCIATION, INC, (hereinafter
referr.ed to !IS the ':~ssoCi..~tion"), Its initial principal office
is located at 5082 L1.1ac Lane;-'lIarrisbur<;t, PennsYlvania or at such
other place as the !.Ioard of Directors may from ti.me to time deSig-
nate. 'c..S()WQ~tUl"'~d Orl~""
Section 1, Definitions, The fOllowing Words when Used in
these BY-Laws shall have the fOllowing meanings:
,I (a) "Developer" shall mAlln and refer to M, L, W. Cons trueti,,"
~ Corporation, a Maryland co.poration.
(b) "Oeclar<ltion" Ghall mean and refer to that cert<lin
Declaration of Covenants !lnd Restr.ictions, Westwood Village r.om-
munity Association, Inc" Phase ~, dated Januury 29 , 1975, by
M, L, W. COIlIl truction Corporation, and recorded in the land records
of Cumberland County, Pennsylvania, together with any amendments
thereto or any Supplemental Decl~rations adopted pursuant thereto.
Co) "Community Pacilit1.es. shall mean and refer to the real
property described in Exhibit ^ to the Declaration and any other
real property which may be deeded by the Develope. to the Associat1.on
together with the improvements erected and to be erected thereon and
any related fixtures Or personal property.
Cd) "The Properties" shall mean and refer to all real pro-
perty which becomes subjuct to the Declar<ltion other than the
Community FaCilities.
~RTICLE II
DEFINITIONS
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Ce) "Dwelling Unit" shall mean and refer to any Portion of
a building situated upon The Properties and dnsiqnatod and intendod
for use and OCCupancy as a reaidence by a sin9le family, and may
inolude units so deSignated under the Unit Property Act of Penn-
SYlvania, Single fami.ly homes or units in a lIIUltifam1.ly ou1.1uJ.uy.
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Exhibit "B"
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(t) "Ownet'" ahall mean and reter to the reoord owner, whether
one or more peraons or entiti.~, of thll fee s1.mple title to any
individual Dwelling Unit or to any bUilding oontaining more than
onll Dwelling Unit under s1.n91e ownership, and situated Upon The
Properties, but, notw1.thstand1.ng any appl1.cable theory of the mort.
gage, shall not mean or refer to any person or entity which holds
~uch interest merely as seour1.ty tor the performance of an obliqa-
tion, inclUd1.ng a mortgagee, unless and until such person or entity
has acquired fee simple title pursuant to foreclosuro or any pro-
oeeding in lieu of foreclosure.
Cg) "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
!:!,~MBERS"IP 1 VOTING RIGHTS I ASSESSMENTS
Section 1. 10bai Membership. The du~h~ri~ed number of mem-
bershIps of the Association shall be 1,852, of which no more than
926 shall be 1.ssued and outstand1.ng at anyone time, The member-
ships shall be of two classes A and B.
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Section 2. Class A Membership, Every Owner who, by reason
of the Declaration, 1.s subject by COvenants of record to assessment
by the Association shall be a Class A Member of the Association.
Each Class A Member shall be entitled to one vote for each Owel:ing
Unit which sU<;h Mf!mber individually Owns of record or which 1.8 con-
tained in a bu1.lding which SUch Member owns of record; prOvided,
however, that there will be no more than 926 Class A memberships,
all having one vote each.
Soction J, Class B Membersh1.ps. There shall be 926 Class B
membersh1.ps, all of which shall be issued to the Developer, or to
its nomine~ or nom1.nees. Each Class B Member shall be ent1.tled
to three votes for each Class B membership so held. As each Class
^ memberShip comes into existence and is issued, on~ Class B mem-
bership shnll lnpne and become a nullity, All Clnss n memberships
shall lapse and become a nulll ty on the f1.rst to happon of the fo1-
10w1.ng evr.n ts:
Ca) Wh!'!., the total illsu'!ld and outstanding ClasG A memberships
equal 9261 or
Cb) On October 31, 19B1I or
(c) Upon the wr1.tten surrender of said Class n memberShips
by the th~n holders thoreof for cancellation.
Section 4, MemberShip Assessments, The rights of m~mbership
are si:i:6Ject to the EJaYlnf!nt of annual and special ass~ssments lovied
by the ASsociation, the obligat1.on of wh1.ch assessments i~ Imposed
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,against each Owner of and becomes a lien upon the property against
which SUch assessment. erll made as provided by Article V of thR
DscIaration to wh1.ch The Properties are sUbject, which is recorded
in the land records of CUmberland County, Pennsylvania and which
provides a. follows I
(a) Covenant for Assessments and Creation of Lien and Per-
Ilonal Obligation. 'l'ne Developer for each D\~eUin9 unl t: Owned by
it or to he creatod by 1.t within The Properties hereby coven~nts
~nd each Owner of any ind1.vidual DWelling Unit or any building
conta1.ning more than one Dwelling Un1.t by acceptance of a deed
therefor, whether or not it shall be so eXpre~sod 1.n any such
deed or other conveyance, is deemed to COvenAnt: and agroe to pay
to the ASSOCiation: (i) annual assessments or charges as prOvided
hero1.n, and Cii) spec1.al assessments to be fixed, established and
collected from time to t1.me, as hereinafter provjded, Tho annual
assessments and speoial as~essments, together with interest theraon
and coots of collection shall be a charge on the Dwelling Unit or
thebU1.lding contuin1.ng mUlt,iple Dwelling Units which an Owner
owns of record ancl sh~ol.l be a continuing .J.:i.er. Upon the Dwelling
Unit or the bUilding containing mul~1.plc Dwelling Units wh1.ch an
Owner owns of record and against which such assessment 1.s mnde
from the time such nssessment is made until paid in fUll; pro-
videcl, however, that, where any port1.on of The Properties has b~cn
sublni. t tad 1:0 the Uni t Propp.r!:y J\c t, no p;:u.t of the Common I':lumen Ls
; of sllch portion ot The Propertacs shall bo subject to C1S:'lO~;Slllunt
by the I\ssociClt,ion. JJ:ach assossment, together w1.t:h .intercnl th~r(J-
on and COl1ts of cOllect1.on, sl1<1ll also bill the Joint lWei I1<.1V('I"IIJ,
per.sonal obligntion of thC:! person, group of per.llons or cnti ty who
~/a9 the Owner of the assl!Issed pr.operty at the tillll~ when the i:1Si'lcss-
ment became due. I\ssesslllents mado by the I\ssociotion, prior to
sueh time as the Developnr has trunsferred title to tho Conullunit:y II
Fnc1.lities !Jot forth in l;;xhJb.it 1\ to the I\ssocL)tion, sl1i.tll be
paid to the Doveloper to the extent required to fulfHl the
purposes set forth in pClragraph (b) belo\~. but shnll not exceed
the annual sum of $100,00 for each Dwelling Unit, IInd none of
the funds derived from Such asse!l~ments may be devoted to expen-
ditures for capital improvements which are the sole res~onsibility
of the Developer.
(b) Purpose of Assessment. The assessments levied by the
Association sllall be Used for the purpose of promot1.ng I:ho rCct'13a-
t1.011, scenic enJoymenl:, health, welfare and safety of the Members
"nd in partiCular for the "ma1.nt:en&nca~of the Community l"ac,Uitie$,
incLUding, but not limited tri,E1H~ payment of:
(i) All Operating .Xpenses ot the Community Facilitiou,
inClUding sorvict's furnishad; and
Cii) The Cost of necessary management and adm,lnistration,
inclUding feos pnid 1:0 any Management Agent; ftnd
Ciii) Taxes and assessments lovied against the 1\ssociat1.on or
upon any property whlch it may Own or which the Associat1.on is
otherwise r~quired to pay; ~nd
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~ Civ) The cost of fire and extended coverage insurance, com-
-' prehens!ve liab1.1ity insurance, fidelity 1.nsurance Dnd the coat
of such other insurance .a the Association may procure; and
,
{i Cv) The cost of fundinq an adequate reserve fund for rllPl.cie-
.If ment of the improvements included in the Community F'llcilit1as; and"
~ Cvi) The cost of repairs, maintenance and replacementll of thll
Commun1.ty F'ac1.lit1.es,
(e) Annuill ^ssessment, It shall be the duty of the Board
'of Oireetorsof I:.he ^ssoclation to determine the amount of the:'! annual
Assessment for each Dwelling Un1.t (inClUding Dwelling Units in a
build1.ng un~er s1.ng1e ownorship) for each ftSSSsRment yenr, Tho
(Innul!.J:._,I,I!!!l!;!.s~m9r1t, shall be the" same for each Dwelling Unit: 1.n An
Iiii!iessment year; provided, however, as 'the Properties are expanded
to inClude more D~~lling Un1.ts or as additional Community Facilities
are obtained w1.th1.n any yiven assessment year, an appropriate and
uniform adjus~,ment o~ tho remaininq 1.nsta,llmentll of such assessment
shall be made in accordance w1.th the aforesaid standard of treating
each Dwelling Unit al1.ke for each full calendar month during which
1.t was part of The Properties, regardless of its si~e or location,
The annual assessment for ~ny Dwnlling Un1.t for any assessment year
Cafter the first annual assessment as provided boiow) shall becomo
due and payable ilnd <I Hen aga1.nst the Dwelling Uni.t or building
; conta1.ning multiplo Dwelling Units on tho first dny of the first
month of ellch c,'lundilr Yllar upon which it becamc part of 'rho
Propurt:ic~, 1'h(~ JJoil~.d of Direct;o.r!jl of the ^SSOdlltion !'Ilwll (Jive:
ii writton notic0 of the: annual assessment to each Owner lIl'. J.(~,lllt
' thir.ty days prior to the fir.st d"i' of each assessmcnt year and nhall
g1.ve further writl:.en not1.cc of ~hanges in assossmcri~s ~e!'lull:ing
from expannion of The Proporties or Co~nunity Fncilitios an soan as
practicable after the facts of such expansion ar~ known. ^SSOSg-
ments must b~ made on the bdsis of equal monthly installments with-
in any assessment period except as affected by changes resulting
from expans1.on of. 'rhe PL'opcrtios or the Cornmun1.ty Faci1.1.ties, said
1.nstallments shall be payable in advance on the first day of each
calendar month,
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Cd) fPe~illl I\ssesslncnts. In add1.tion to the annual assess..
men t author ZQ libov(J, fFia-^iiso.;: ia tion mny f rom time to t imo levy
a spec1.aJ, alilsessment for the purpose of defray1.ng 1.n whole or in
part the cost of any reconstruction or unexpected repair of an
improvement located upon the CorMlun1.ty ~'acU1.tills, inClUding tho
nec res and nal ro e:r:t relate ,
h~~ovor, that any special assessment B a on y be lovied by a ra-
lIoJ.ut1.on approved VO Class of mbcra (bllscd
ul'on tho cl1t1.re outstand nq mom er!'lhi s of oach C s at II meotlng
duly called fo~ such purposo at wh Cl a quorum is presentt writ:le:n
notice of which shalt have dlscLosea ~no purpose at tnn moot.lncr Ilnd
shall have been snnt ttl all of the Members lit loast thi,rty d,lyn 1n
advance of Such meeting, The duo date for the payment: of nny
special. a:]!':ossme:nt shall be f1.xed in the reS(llllt:ion iJuth"rhlll(/
such asSc:ssm~lOt, ^ny ,llp'lcilll c1!l!':~llsmcnt le'vied by the ^11!;lOe:iatit.lll
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' i.:-Sl: I) I:he ssmQI)/; I)I)Uc!ll he "e e l essmel) Ilgle I)g IJ
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,;;P :1'" " (I!) flg IJl)i;g IJl)i.lI;c:1 1I1)4sl',zel)l: s~:- 1:0 I:{ Of the "l)l)u"l i.P).
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i.~' ~ SlIells c!ll)cj '11) <l O.f' l?e . ct. c:1"te e "flel fo.f' I: fly D 01-11.1)
s~r-om I:.i.:en/;) P/;4Ymel)t: e'tlJCI/;e litceme Of coflt<lYllOlehe b4l:elli.l/i
As oh fllfl:; to /;~ IIlJch fl'om o.f'ese.f'\fef) I:s. 7'1. eY<'Jl)oe <'J1)c1 , flcO
~ BOO;' Sh mo l.. .f'esCl lloh lJ 'Ie. Of ~
.1.0fl 4t:1.0 <Ill b "'V t:h :-ve f mOflt:} I)cj f ...sso J. .he
by 1:.0 t n ilncj e Co e lJ lJf)cj I'S i.01;:- C itt:J.
"loll. I:II/;~e l1em~:;'l'ilJ.J!IJll ~:1.us?~l;l~ Of %:1) /:r,~/;4lefm~~ceme~I)/;:lJst:. es '
t:1.: ilgen;enc.liflgS, SlJc~~SlJ:-pJ.:l;e,!i. l:eelcleeme;O/;o/:,slJ:/; t:o ~: 0; I:.hb: t:he/;"bli.sh
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/)'ne/:'J.clJ1.J.y 9lJ flOc!l.f'qilJ.t:eq ,?:: thC3C1.1.1 be ~t <Is lie bOOkscommol)ss~cJ.ll:fed
~'0!!Yn <I, '1' il.f'Clflt: Of lJ ....ilt c!lcc epo CClpJ. Of t: llflcl ofl' /
i.fl lJn1. t: ~!" oecl i.l'eCt es Of OUnts 1:11. I:ecl t:c!ll he 1\ Of th I
J.I) SlJo /:'....,F'~ci.J.1SC3..f'Ve "s 1:0 O.f's, 0 Amo.f'1. Of "'h.!. 1.n " cOfl I:.l; i.b sSoCi e
oJ. g lJl)J. e,'1ei' .. tio ''''_~_<l'' P.f'if) , e J. c<I 0 ch ~ sPeo1. lJtJ. ,c!l,
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i. I: .f'Cllls/l)el'S/li j 1/<] () be Cf':) Pl'oPoi-f~ 0 the lJ J.~ oOlt t:ho cieq by UIlt:.
Dl-le.1'1:e.f't:.<letI;Qd :;j. ilfleJ:~llil;gflSJcjOl;oJOI)C1'i:GflJ/; .f0;lt:oc1 S!ilt:iofl;tlCl''.J~
Ilg IJl)ifl~ ililq Ol:he.f'I-I ~.ll 1)0:.I.l;s 1. <In 4pp I)l:a-;f3.t'FLJlilCf3ilI:OS Of 1-11-,J.Oh
( . O.f' shell' J.se be I)OllJ /J~'t .: Of ,n'''I)<
As g) lJni '- be SliJp~ sep docl C3flllllC . lll)' ..~ Of
lJl)i.S~OJ.Clt:i~e!Js,., I:s. cjli'emeq.f'<lteq ;.f'llI;Ol,;n II hoO' of. J:J.l1omh':''r....J:..!!(J
.S (. Ofl~"'efll: tOb .f'om "wi.t .}e]' GO"
oWlle.f' J.llo.l '~h'1Il C'e.f'1:. e I: I:he 'hrl1:'fl' J'flry II wull~
rClJJ:'J:'efls~ip) "lJeJiflg D PI;<SP/J' i.f1.cilt: I;flllsfet1:'OPC31:'tn, lltls2c.lor
OJ:' 1. .ly neJ I:h wel1../. .13 fll)cj es. I;QeJ y t:o 1)1)0,/
~POIl Jspec:fP.lJ.Cilb "fll)O flg lJflJ.t:m~J.I)t: '1'ho 80 wil:h slJ '''hJ.eh
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soS'e Oll/; el; s I; 0 G.lli J:'li/;' fO.f' "e '" 1:'0 oh4 gle
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ce.f't:1.;1.~~l'ree o.,,:yO~~1:'gbee t:~~~~i~~,;~f~~o:~s?e"'.t C:1:'O~:Z 4116weOf'l~~: S.lh~~~",l:Jle
(h So eJ""l leVi.' I;eifl eVi,qhlll;ge 4gSI)I: "1:0 1. l.ltng J."l:J.le
~el)t~ t:.hjl;e~Ofl~1'4 I.Vel;eqFJ.cj i.n "'~;~~~ ~ohell oillt:te4t: ~?e ~sf'lsl;oi.t:.i.~n.;1:.
l:J~flt:e.f'e:tc1at:o ~:el)l: Of '"" e by t:./:oo bOOflPc!lYmellll~P"J.C/C:.J.4t:.J.Ofl,
cOmP,,, I:here Ofl cjllePlJ.f'.'10Cl,ssliI!Jsm ,""ssoc:flli.c!. Of flfl SUC:h
C:OI1~i on Cll)e] Sh4ll ~I: t:.o :~~, J\ llti.on : r-e,,;-
I1ll1.'1 COSl:s It cje . I!Ise I)y " or- Oil oll_
C) l./.<11n U Of ~0}lfl9/Je c:ovOflCl SseoS'sl1I OJ,
POn t:.1 ./t!CI:i. fit:. Clflcj I)t:s foIhteflt: OJ:'
Ie ()wel ,0/' ll,'] h lIh"ll ch J.s .tfloS't:a.1l
'-ifln erAJ.' 1:0 flot: '
" IJn.tt:' Ilafl:"" gQt:.hf!/~ Pa.tc1
OJ:' b ~I; P 4 foIJ.
UJ..l :-OVi.ct th
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~ containing multiple Dwelling Units against which Buch assessment
is levied pursuant to this Article. All assessments shall bind
such Dwell1.ng Unit or build1.ng in the hands of an Owner, his
heirs, devisoes, personal represent~t1.ves, successors and ass1.gns.
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) Remedios. If any assessment or installment thereof
is not pai~ w1.thin th1.rty days after the due date thereof estab-
,lished by the Board of Directors of the Assoc1.ation, the del1.n-
quent amount shall bear interest from the due date thereof until
paid at a lawful rate establ1.shed by resolut1.on of the Board of
D1.ractors of the ASSOciation at the beginn1.ng 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 Un1.ts in the manner provided by law. In either event,
the Association sH~I~ recover from such OWnet or out of the pro-
ceods of fcreclosur.e accrued interest and costs of COllection,
including but not limited to, reasonablo attorneys' fees. No.,
Owner may waive or otherwise escape liability for the assessments
providec.l on this Declaration by non-Use of the Community Facili-
Hes or by abClnc..1onment or non-'use of his Dwelling Unit or Units.
Cj) Subordination of LIen, The lien of the aSSCfllJI1l0nt pro-
vidod for in this I'iOClarlltioO-Shall be subordinate to (i) tho
lien of any ["~al <'Jfltiltc \;a.~Q!1 or general or specin.l nll.'lr:lillml'nts
by the local taxing authorities imposed on the Dwolling Units or
bu1.lding contnining multiple Dwelling Units, Iii) the lien of any
first mortgage now or herellfter placed Upon any Dwcll1.ng Unit or
building containing multiple Dwelling Units subjc~t to assesamont,
and Ciii) lienfl cranted PU4suant 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 jurjsd1.ction over any Dwelling Unit or Units. In addit,ion,
a first mortgagee of any Dwelling Unit or bUilding containing
multiple Dwe1l1.ng Units who comes into possession of a Dwellinq
Unit or building containing multiple Dwelling Units pursuant to
the remodies provi,lad ill the mortgage, forecl,ollure of tho mortqa911,
or deed in lieu of foreclosure, shall take the Dwelling Vn1.t or
building fro'3 of any claims for unpaid charges or Assessments ot
the Assoc1.-Hion at the timo (but not after the time), such mort-
gagee comes 1.nto posaession of the DWQllinq Uni~ O~ bui14Ln~ CQ_..p~
for cla1.ms for a pro rata share of such charges or assossmonts
resulting from a pro rata roallocation 01' such chax:gQs OJ;' aB,alls-
monts to all Dwelling Uhitn incluaing CI1U Illorty",:/uu pnllllUIUll) .
)
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Section 5, S'J.spon!!.on of MemberShip R,! gh l':.! , Tho marnhurllhip
rights Cuxcapt for the rjghts to Lhe usn of tho streots, roadway II
and parking areas) of ~ny person whnso intarent in Tho PropurtiuH
is subject to assussment~ by the ^s~ociat1.on, whether or not h.
..', - .._~-- .~_....,~.. -..
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be per.onallf obligated to pay .uoh a..lI..ment., may ~e .U.pende4
by aotion of the Boara of Direotore during the period when the '
...1I..,nent. or any in.tallment thereof remain Unpaid, but, upon , ,
" p.yment ot .Ueh a.allaamenta, hi. righta and privilllge. .hall be,
automatically restored. If the Soard of Directors -hall h~v. <<dorted
' and publiahed rUle. and re9ulat:io~8 governing the Use pt the ,
Community Facilities, 'and the personal conduct of any person there.
on.violates any SUch rulll or regulation, then the Board of Direc-
tor. may, inthllir di.cretion, .U.pend any voting rights and the .
right. to the Use of the Community Facilities (excopt" for the ,,'
~19hts to the use of the .treets, roadways and parking areas) for,
a periOd not to eXceed thirty days.
Delo aticn of Ri hts. Any Member may delegate ~,.'
his r 9 0 en oyment 0 t e ommun ty Facilities'to Ca) member.
of his family, (b) his guests', and CC)his tenants who'resido
' wi thin a Dwelling Unit and their fand!!es and guests, SUbject,
however, ,to the prOVisions ot these By-LawlI and t:he rull!s and
rllguh,tionl wh1.ch Inay be adopted by the Board of [)irectc;lrs as
hereinafter provided.
)
ARTICU: IV
~ETING OF MEMBERS
;'
Section 1. Meot1.ngu of th. mombornhip
shnll )0 lel( ilt t la pr nc pa of ice or placo Of'lJUll.illCHlU of I:ho
ASsociation or al: SUch other suitabl~ place convon1.ant to the
member,ship as may be designated by the Board of O.ir,ectors.
Section 2. Annual Meeti".Sl.' 'l'he first annual meeting ,of the
Members 8hall be h~ld at SUch time as the Board of DireCl:ors
shall determ1.no, but 8hall beheld, in any event, within one year
of the elate 'of incorporation of the ASSOCiation. Thereafter,' the
'f annual meetings of the Members of the ASSOciation shall be held
) on the first Wudn~~day oe May ~aqJI ~u6ceudl"9 year. At SUch meet-
ing. there shnll be elected by Plurality ballot of the Members a
' Board ot Directors in aCCordallce I~ith the reqUirements of SecHon
4 of 'ArHcle V of I:heso !lY-Lll\IS. ,'lOl!'.bers ma~' also l:rans,act such"
other business ot the ASSOcifttion a!l may properly come bGforQtho~.
. Section '3. Special Ml!etinq. It: shill! be tho duty of the
President to call a 8peci~lmoQt:inq of MAmberR an diroctlld by
rllsolution of the D041rd of Direct:ors or 1.11'(1/1 ., pott I:.ioll l.min'J P"Ct~
Rented to the Secretary which is ~igried by the ClasR ^ Membcrs .
then lIntitled to cast ,ohe-fourth Cl/4th)of I:'he Votes of the"! Class A
memberlh1.p. The notice of any spec.i~l meeting shall stato the,
time and plnce of Such meeting and the purpOse thereOf. No busi-
ness shall b~ transacted at a special meeting except as stn~ad in \'
the not:1.ce"
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Seotion 8. proxie.. ^ Member may eppoint. any other Member
or the DlIvaloper or the Man4qament ^\len~ as his proxy. Any prolly
must be in writinq and mu.t be fUed with thll Secretary ,in form
' approved by 'the Hoard of Director. before the appointed time of .
eaah meeHnq. Un loss limited by it. terms, any proxy .hall ContinUe
Until revoked by n written noticll ~f reVOcation filed with" the
Secretary or by tho death of the Member. , .
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, Seotion 9. Order of BUDine... The order of busine.. ~t
annunIliiGmnf,/8 of Humb~rn shull ,bll as follows I
tal
(b)
(01
Cd)
(e)
(f)
(g) ,
"" (h)
(il
nolI o~ll and oortifioation of proxies.'
Proof of notice of meoting Or Wa1.ver. of notice.
nending of minutes of preoeaing meetJng.
Ilapor.tsof ofJ!iolilrs, if any.
Ruparts"of cooonittees, if any.
Unfin1.shed bus1.n~ss.
New [)usiness.
Appoin tmon t of. inspecto'rs of eleotion.
Election Of directors.
'...:,.
,I
In the CUe of specilll mAetinlils, items Cal through Ce) 8ha'll
be appH cable llnd thereaf tel' thu 11genda ah" 11 cons is t of the i toms,
specific~ in thu notice af meotinq.
I
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ARTICLE V
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Section 1. Number and nualificllt1.on of Directors. The affaits
of the ASl:lOcillt,i.on sllllll lJoqovernfJd by the noard of Directors com-
' I
POsed of at laM.!l: five nCltural pP.rsons. Aftor the lapse of all '
of the Class 0 Inember!lh1.ps as prOvided in Article III of these By-
Laws, all Directors shall be Members.
" S.e"o. 2, 'OWer. on. D"".. Th. S..,. e' "',.e'or. .h."
have all the powors nnd duEies nncossnry for the operntion, main-
tenoncQ alld aclminintrationot "the COlllmunity Fncllities and the
aftairs of th~ As~oc1.ation and mny do ~ll Such acts and things as
are not by law, thA Articln~ ot IncorpOration, the DeClaration or
theso By-Laws d1.rect.d tn ~~ exorcised and done by the Members.
Tho POwers ,and duties of thu Board of D1.roctors shall include,
but" not bo limi tad' to I '
ea) Determinat1.on and col1eatio~ ot annual and special 's~es~-.
ments from Membors, the m~1.ntenftncc of II roster of assessmont.
andcharqes IIpplic.,blll to (lach Olmer andhiu DWellin<] Unit: or Units
and the onforcolnt'lnt of l1.el1f1 thort!L'or 1.n a mllllnor consistent wit:h
law and the prOvisions of those Uy-L/lws and the Declaration:, "
DO!~D OF DIRECTORS
-
Cbl
Dwelling
MaintFll1ance 'of C1rosl~er of Urst mortgagees of.each
Unit or bU1.1~jnq containIng multiple Dwelling Units; ,
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Co) Designation, hiring, dismissal and obtaining of a Manai.~
ment Agent or of thE! personnel and flervicllS and materials neC1l1Sary
for the good work1.ng or.der and operation of the Community Facili_
ties and the payment of all expenses and expenditures of the Also~
eiation for which assessments are authori~ed by the Declaration
or these BY-Laws I
Cd) PromUlgation and enforcement of such rules and regulations
and adm1.ssion charges and fees and such restrictions or requ1.rements
as may be deemed proper respecting the Use and maintenance of the
Co~nunity Facilities, all of which shall be consistent with law
and the prOVisions of these By-Laws and the Oeclarat1.on;
Ce) Preparation and distr1.bution to each Momber of an annual
report which shall include the annual financ1.al statements herein-
after prov1.dl!d an<.1 which shall swrunarize the Opl!1.'ations and acttons
of the ASSOCiation and its receIpts, expenditures and reserves; and
,I
Cl) Performttl1ce of all other duties, obligations clnd rights
of thl! Asnociatlon and the 30ard of Dir.ectors as set forth in thu
Articles of Incorporation, Declaration or these lIy-Laws.
Section), Management Arent. The Board of Directors may cmploy
for the! Associatioll n prOT.llSS onal lnanagement agent (tho "~l(1nage-
mellt Agen t "/ a tara to of compensa tion es tablished by the Uoarr.l
of Directors to perform Such duties and services a~ the Board of
Directors shall from time to time authorize,
Section 4. Elect1.on and Term of Office, The term of the
Directors named hur.e.in and the ^rticles of lncorp()ration shall
expire \~hen their t'lUcceSSOt.s have been elec ted II t the f i rt'l t annual'
meet~ng of Membors and are dUlr qUalifi~~, ^t the first annual
meetlng of Member~, the term o. off:ice of: the two oirectors
recei,ving the greatest number of votes shall be fixl!d at three
(3) years. The term of offic~ of the two Directors r~ceiving the
second greatest number of. votes shall be fixed at two (2) years,
and the term of office of the other D1.rector shall be fixed at
one CI) year, At the exp1.ratinn of the in1.tial term of off1.ce of '.
each respectiVe Director, his SUCcessor shall be elected to serVe
a term of throe (J) years, 'l'he Directors shall hold office until
their succcssors have been elected and qualified.
/"
Section 5. Vacancies/Rcsianation. Vacanc1.l!S in the Board
of Directors CaU1>ilibYMy rOllnon r.lthar I:h4Ul th. renlnVlI.I. of! A
Director by II vote of Memberu shall he filled by vote of the
majority of the remaining Directors. even though they may consti-
tute less than a quorum'; and each perl/on so elected shall be II
Director until a SUCCOf/SOt. 1.s elllcted by tho Members at the next
annual meeting to serve out the unexpired portion of the term.
Any D1.rcctormay resign at ~ny time by giving written not1.co of
such resignation to the Bo~rd of Directors.
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SlIction 6. Removal of Directors. At a regular meeting, or
at a 'peeial meeting duly called for ~uch purposo (but only nfter
the Urst. regular meeting of Members as here,inabove provided), \
any Director may be removed w1.th or without cause by a vote of
fifty-one pllrcent of the eligible votes entitled to be cast by
MlImbers, whether or not present Ilnd voting thereon, ^ SUccessor
may thlln and there 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 ^ Member and who becomes mora
thftn thirty days delinquent in paym~nt of any assessments or
charges due the ^ssoc1.ation shall be automatically terminated and
the remain1.ng D1.recto~s shall appo1.nt h1.s successor as prov1.ded
in Section 5 of this Article.
,
Section 7. Compensat1.on, No compensation shall be pa1.d to
Directors for their. services os D1.rectors.
Section 8, Annual'Meeting" The regular annual moeting of
the Boar~ of Directors wi, thout other notice than th1.s Dy-r,aw,
shall take plnco immo(ti.::ltely afte,r, and at the same plaCe!) all, thc
annual meet1.ng of Members.
Sect1.on 9. Reqular Meetinqs, Regular m~etin9s of the Board
of Directors may be held ut such time and place a3 shall bc deter-
mined, from time to time, by a majority of the Directors, but at:
least four (4) such meetings Cincluding the nnnual meeting) shall
be held during the fiscal year. Notice of regular meeting!l of the
Board of Dir.ecto~s shall bel given to each Director, personally or
bl' matI to his address as it appears on the records of the Asso-
ciation at the time such not1.ce is mailed or personally del1.vered,
at least six days prior to the day named for such meeting,
Section lO.~ecinl Heeting:'!, Spec1.al meatings of the Board
f Directors may bacarlEld by the Pres1.dent of the I\ssoctatlon on
three days' notico to each Director given personally or by mail
s hereinabove prov1.ded, wh1.ch notice shall state the time, plaCe
nd purpose of the meeting. Spec1.al meet1.ngs of the Board of
lirectors shall bo called by the President or Secrctary in like
anner and on like not1.ce on the wr1.tten requcst of at l~Qst ono-
hird CI/3) of the Directors.
Section J.1, Naiver of Notice. Befot,o or at any meet:ing of
he Board of IHrectors, any D1.rcctor may, in writing, wt\ivE! notice
f such meeting and ouch wa1.ver Hhall be deemed the equ1.valent of
he g1.v1.ng of such notice. ^L~andnnaQ bV n Dlrnator nh _ny M..b~
ng of the Bnllrd of Oir.ectors "hall be a waiver of notice by him
f the time, placEl and .purpose thereof. If all the D1.rnctor. are
resent at any meeting of the Board of Dir~ctorg, no not1.ce shall
e ~equ1.red and any business may be transacted at !luch meeting.
Sect~on.J.2.:.ouoru~, At all meetings of the Board of Dinc-
ors a maJorlty of the Director!) llhall conEltJ.tute a quorum for
he transl1ct:ion of bU~l1.nf!:'!El, and the liCt!;l of the lniljor1.tyof the
iroctors prf!sC'!nt at u meeting at \4hich a quorum 1.!l pr.esQnt shall
S,,'io"_1. 0,,' ,,,,'JciE~9." ice<" Th"" .01..1 0'" c'"
" ,h' ...oc""oo ,h'" .. . .......... · ..c' ",,'.'0" · s.c..-
,,,y ... , T'"'''''' ,11 of whom . hO 11 bo .,.C". .y thO '0".
,f Oi'."o," ..... .h' "O'C of .11 Cl'" B .......hi.' .. ..0-
.i.'. ,. ....cl' ", 0' ~".. BY."W" tho 0""'" 0' .h' .,'0.
01,,'0' .holl .. "'.'"'' The 0' .,,'0" m.Y '.0".' .. ... ,....,
"c""'Y ... .. .."..... ........., Th' ".,'c.. of S,c""'Y ..d
Treasurer may pe ftl10u by the r.ame person.
.o;.c""" l~,~lOC"o..2!. o,,'c...' Th' oWce" ,. tho ...0.
01.,,0' ",.11 .. .,,,.......,ilY bY ,h' '0'''' 0' o,"'c".. " .hO
.....1 me."" of ..ch .~ .,..d ... .h'" hO'. ,,'i.' ., .h'
pleasure of tne noard of ulr~~tors.
~.."o. ), _ll'!.,,~f2f,ljC.",' Uoo.,. .",.m..i.. '0"
0' . m.j""Y ,f ,"' ...,.." o' .h' '0". ,f Oi"c'o'" ..y 0"""
m" be ....... .i th" . "h " .,,"... ".'" ... h" · .cc., '0' o1....d
.. ..y ..,.," ....,., ., .h' B.". o. 0,..,'0'" o. .e ..y .....,.
....,., 0' eh' '0". o. ,0,...'0" c.1,.d '0' ..ch ....,..,
S.,e','" ,...,...e, Tho ....'...e .h.)l b' .h' ch'.' .e-
- -----
.c,e". ,'f'C" ,f .h. ..,o.".io., .. .h.1' ....,.. .e .11 """"
of ..mb." .nd " tho ."... " 0 i ...to" ' U., h.11 h'"' .11 o. 'h.
......1 '0"" ... ..0'" wh'ch ". ..,.," ...... ,. eh' o.,'c. .1
president of a corporatt~n.
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.I
,. ,h' .0" ,I .h' .,.ed o. oi"""" t'" "Y -...,.. o. .h'
....d 0' 0,..,'0" eh'" ,. "" ,h" · ..0." ......,. .h' _.jo'-
ItY o. 'hO" ......, _., ..j'.'. ,h' -...... .". ".. '0 "me,
.. ..y ..oh _"""" ..y ......',.. o. ,..,.... whioh ""h' h'"
b... ,.....c..d .e ,h' """, .. o.,.,.."y c.".' .., ,. ,...,-
aoted without furtner notice.
I
vi ..c"o. ", .c.'o. .,'h'.' M...i.q, >nY ",'0' .....
.c...-c. 0"""'" ,001.i..d 0'....",.. '0 b' ..,.. " ..y
,.. ..y be ",,' w'eho.e . ....i.. " .11 o. .h. ..mb'" 0'
....d o' o"'c"" .h'" cc..", i. w".,., '0 .,ch .c.,o.,
w".... c....,,' c. cc...... .".ll b' fil.. w"h .h. .,.....
proce~dinqs of the Board of Directors.
by the
meet-
tne
Sucn
of tne
,......c.. Th' ne..' c' 0"""'. .h'" ,be.'.
.."..c. co....... ..."..d b' ,h' D.C.....'o.,
...",. ". ....m.. .~, Th. D"cd ,. 0 i'" .". ,. ..' hOC i..d
00. .;;P~".. eO ,,,. e . .ch lic...... ........., · "h "-0' .w.y
'c' .'i,,'i" ..d c'h" .,.pc.'. ., .., ..eho"'" ,. .h' D'C""-
\:.ion.
ana
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l\RTICLE V~
OFF'ICF,RS
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Section S. Vice rreDiden~. The Vice President shall take
the place of. t.ho Pro.i~ll!nt and pertorm h1.s dut.iell whenever the ,
Prllaident. sh~ll be absent or un~ble to act. If neither the Presi-
dent. nor t.he Vice Pre~1.dant is able to act, t.he "oard shall appoint
aoma othar member ot th~ Ooard to do so on an int~r1.m basts, The
Vice Presldont shn11 n1no perform such other duticR as shall from
time to t1.me be designated to him by tho Board of Directors.
Sect.ion 6. fj!!~~!:i.' Th~ Secretary shall keep the mInutes
of. all mQot1.nv~ ol the Uonrd of Diroctors and tho minutes of all
meetings of Membel.'!~, 110 lIhal.t have custody of the seal of the
Association and he llhall have chllrgo of the membership trllnsfer
books end ot such other books and papers as the Doard at Directors
may dirElct, 110 !1haU, in gcnernl, parfor.m all. the duties incident.
to the oifieo of nccretary.
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Section 7. 'rt'C!(i!;urcl:. 'l'hl~ Tr<:li\!lurer shall havl! r.<l'sponsibi-
lity forAii;jQCIiition fllii(]r,- /lnt! I;ncuril:.i~!'l and shall. be rCllponsible
for Lhe kecpi.llg of full un,1 ,'CClll:'ilb! ",ccounl:.s of ,,11 receipLs a!ld
dish\lrSemnnl:.11 in IJooks blJlong i.llg to the ^!lsoci<ltlon, lie Shilll bo
rl!sponsible for the dO(lo,;j t: "f. Illl. monr~Yt: il I III other va.Lunble affects
111 t,hc fl<lIl\O, c1l1u 1.0 the" Cl'('(l.it:, of t.lle ^~;Iloci"tion ill IHICh dopos1.-
tories /.I!l may froll\ time) to I:im(' be dUlllynlJl:.ed by the Hoard of
Directors.
,'H'l'IeT,/!: VI!
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FISC:^L M1\TTEHS I Sl!:^L
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Sect ton 1, Fiscal Ycar. The finnal ye<lr of the ^~sociation
shall bogil1On~';'-rrriitrT."y of .Ti;\Il\lilry f3vC'r'y Y()ilr, t:'xr:opt for tho
firlll: f1.nC'al yoar of t1w ^wlue:i,iltlon whi<.:h llhall bO,lill on tho date
of incorporal:.ion.
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Section 2, noclks and ^C:CQilllts, Books IInd nccounts of th<!
^I'H;or:I'iiTl~'Ii,' 1,1 '1,,7Tc.i~T"liii(it:;i:"Tlm c.l.ircr:t.ion of the TrC'ilsurer in
nccnrdillll:f.! with <.I <"Hlt'nI ,/,'{ .H:r:,=[,t',cu nccount.i.n'1 pr1.llciplos, The same
shall includo books ~dth u(:t.:lilnd accOUIII:~, in chronological order,
of the reCnipl:.~1 nl1..1 ot ~.hfJ 'D:POllditllrC!l ",: the ^uSoc1.ation and its
administration lIn,l Sll,1l1 BpE:lc1.fy the In,1intF!nance and repair expenses
of thf' COmrllJn,ity r"cJ Ii t:l"" Anr: I1ny other exprmn"", ,lnc:urretJ. ^n account
of any raservo9 antnb11nhnd by the Ooaru or Directors, &nalUd&~9
additions tharel:.o and dil1buL':leOlcnl:s thoL'''"f, shall alllo be ma1.nt'.ained.
That nrnount of any O(lIH:iWlIn(:nt r'Jf]ui.red for payment of any capita'-
expl!ndil:uros or reservnn l"olatt1cl r.hln'onto of tho ^ssociation shall
be crcditod upon thu blll,k" of th" ^nr;(>cial:.1.ol\ to the "!'aid-1.n-Sur-
plus" account II:: ,1 capiti'll COIIl:I'i.h\lt1.011 by W.'lIIhIlL'S.
Section 3'_~,~E?-.S,,~.!:2D of noo~:E.' 'rhl') boo~s and accounts of
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the As.ooiation shall be available for examination by Members or
their duly authorized agents or attorneys, and to first mortgagees
of reoord of any Dwelling Unit or buUdi~g containing multiple
Dwelling Units or their duly authorized aqents or attorneys, dur- .
1ng normalbusinoss hour. and for purpo30S reasonably related to
their 1nteusts. '
Section ". Audi t. At the clolle of each fiscai year,' the
,book. and records of the Association shall be audited by an inde-
pendent certified public DCCountant whose report shall be prepared ."
and certiUed in Accordance with generally accepted auditing st'an-
' dards. The Association shall furnish such report and the accompany- . ,'.
ing finanoial statements to the Members. Copies of such re~ort
and statements shall also be furnished to any first mortgageo of
any Dwelling Unit or bUilding cituated w1.thin the Proper.ties.
' , Section 5. Seal. ' The Board of Directors sh~ll provide a '
,suitable corporlltp seal containing the name of tho Assoc1.ation,
whiCh 8eal shall ~~ Lh the charge of the S8oretury. ,
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AnTICLE VIII
~ENDMEWl'S
Sect ton 1. 1\mendmonl:cr. Th0se ny-Laws Inny be amended by a
resolution lIpp.rovetrby i:1 :iiiiljority vote ()f each Class of l<Iombers
ballad upnn l:hl! entire nutstancl,lng memberah1.ps of euch Class at I!I
meeting duly cnllecl for !lur:'h purpose lit which a quorum is present,
written notice of \~hic:h ~h..ll h;lV13 c!1.!lcloscd the pUr.poRe of the"
meeting and de!lCl'iht;!cl the prnpc~~.r.lc1 arnr~ndl1lent, and which shall hava'
been sont to all or the ~Icmbet'!l elt least th1.rty days in lIdvanco of
such meei:!ngl provIded, heMf)Vcl", that: no such amendlnont shall be
pllllsed which woulc1 make theso By-Laws inconsistent wlth the De~ll1-
ration or which welllld alter the rights of first mortgageos of ".
recorc! II!; not forth in the Declara't:ion or. i:h~lIo I3'Y-La\~!'l un loss
the requisit:u numhor of finlt :nortgagoes have givon their approval
as required by the Oocl"l:'atiol1.
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l\~TICLE IX
tu SCI~LLANEOUS
Section 1. Conflict. These By-Laws are subordinate and sub~
jeo~ Eo all provisions of the Daclaration. In tha event of any ,
conflict between these'Ry-r.I\ws and the Oeclaration, th'e I"rov.l.ion.
of the Oeclaration 81\<:\11 control.
SectJ.on 2. Committee~.. The Board or Oirecl<'rs may" ", ,,"
from filne to Hmo, appOTntsuch committees as it considers necessary
or appropriate from the memberllhi!, of the Corporation, each of
which shllll contl1.\It oC II chalrlntln and at leant two (2) othor
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ALL THAT CERTAIN unit in the property I<nown, named and 1.dentiUed
1.n the Declaration Plan, referred to below as Westwood Viriage
CondomiMium locaeed in East Pennsboro Township, Cumberland
Couney, Commonwealth o~ Pennsylvania, which has heretofore been
submitted to the provisions of the Unit Property Act of
Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in
the office of the Recorder of Deeds of Cumberland County,
Pennsylvania, of a Declaration Creating and Establishing Westwood
V.i1lage Condom1.nium dated January 29, 1975, and recorded on
January 29, 1975, in Mise, Book 213, Page 283, and amended by a
First Amendment to Declaration Creating IInd Establish1.ng Westwood
Village Condominium dated May 28, 1979, and recorded June 22,
1976, in Mise, Book 222, Page 729, and a certain Second Amendment
to Declaration Creating and ~stablishing Westwood Village
Condominium dated July 21, 1976, and recorded on July 26, 1976,
in Mise, Book 223, Page 34], and a certain Third Amendment to
Declaration Creating and Establishing Westwood Village
Condomin1.um dated June 9, 1978, and recorded on June 23, 1978, in
Mise, Book 2]6, Page 225, and a cet'ta1n Fourth Amendment to
Declaration Creating and Establishing W~stwood Village
'Condominium dated June 13, 1978, and recorded on June 23~ 1978,
in Misc, Book 236, Page 250, and a certain Fifth Amendment to
Declaration Creating and Establishing Westwood Village
Condominium dated January 9, 1979, and recorded on January 23,
1979, in Mise, Sook 240, Page 884, and a certain Sixth Amendment
to Declaration Creating and Establishing Westwood Village
Condomin1.um dated March 1, 1979, and recorded March 12, 1979, in
Mise, Book 241, Page 836, and ~ Code nf Regulations of Westwood
Village Condominium dated January 29, 1975, ana recorded on
January 29, 1975, in Mise, Book 213, Page 328, and amended by a
certain First Amendment to Code of Regulations of Westwood
Village Condominium dated May 28, 1976, and recorded on June 22
1976, 1.n Misc, Book 222, Page 737, and DeClaration Plan of '
Westwood Village COlldominium dated January 29, 1975, and recorded
on January 29, 1975, in Plan Book 26, Page 15, and amended by a
certain First Amendment to Declaration Plan of Westwood Village
Condominium dated July 21, 1976, and recorded on July 26, 1976,
in Plan Book 28, Page 72, and amended by a certain Second
Amendment to Declaration Plan of Westwood Village Condominium
dated June 16, 1970, and recorded on June 23, 1978, in Plan Sook
]], Page 28, and amended by a certain Third Amendment to
DeClaration Plan of Westwood Village Condominium dated January 9,
1979, and recorded January 2], 1979, in Plan Book 34, Page 100,
and amended by a certain Fourth Amendment to Declaration Plan of
WestWOod Village Condominium dated March 1, 1979, and recorded
March 12, 1979, in Plan Book 35, Page 3, being designated on said
Declaration Plan of Westwood Village Condominium as Unit No, 225,
Suite 120, L20-2F2, in Block US, Building U8, known as 225 Brian
Drive, Suite 120, Enola, Cumberland CoulIty, Pennsylvania, as more
fully described in such Declarat1.on Plan and DeClaration Creating
and Establishing Westwood Village Condominium, as the same
appears of record as set forth above, inClUding any amendments
thereto, TOGETHER with a proportionate undivided interest in the
Common Elements (as defined in such Declaration) of Seven Hundred
Seventy-two Thousandths Percent (, 772\-) ,
BEING THE same premises that Timothy J, Houck and Maryanne Houck,
formerly known as Maryanne Nornberg, husband and wife by their Deed
dated November 23, 1994 and recorded in the Cumberland County
Recorder of Deeds Office at Deed Book 115, Page 456, granted and
conveyed onto Ava L. Purdue, single woman, the Defendant in the
above-captioned matter.
Exhibit "A"