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HomeMy WebLinkAbout12-4793IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT ?t. COMMONWEALTH OF PENNSYLVANIA cam-" SUNGUILD CONDOMINIUM ASSOCIATION •- r- C.) Plaintiff, r" t ry C? + Vs. rG7 s; ? g3 v? - JAMES THOMAS, No. Ie?-N7 * Defendant. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following page you must take action within TWENTY (20) DAYS after this pleading is served by entering a written appearance personally or by attorney, and filing with the Court, in writing, your defense or objections the claims set forth against you. You are warned that if you fail to do so, the case may proceed withoi you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose mot or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TC PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 HERRICK, FEINSTEIN LLP By: d?h W QOGQ-W- Dated: ELLEN M. GOODMAN, ESQUIRE 1,,?? 3,?5 a ul? H F 7549949v.1 #15967/0008 p A ? If to S yY -F-A 11768 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA SUNGUILD CONDOMINIUM ASSOCIATION Plaintiff, vs. JAMES THOMAS, No. Defendant. COMPLAINT AND NOW comes the Plaintiff, Sunguild Condominium Association, by and through the undersigned counsel, by way of Complaint against the Defendants, James Thomas avers as follows: PARTIES l . The Plaintiff is Sunguild Condominium .Association, a Non-Profit Corporation formed under the business and corporation law of the Commonwealth of Pennsylvania with a registered office address at 1000 N. Prince Street, Lancaster, Lancaster County, Pennsylvania. 2. Plaintiff Sunguild Condominium Association is the duly authorized Condominium Association for the Sunguild Condominium located in Cumberland County, Pennsylvania as defined in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3301 et seq. 3. More specifically, Plaintiff Sunguild Condominium Association is authorized to employ the powers delegated to Unit Owners' Associations stated in 68 Pa.C.S.A. § 3302, including, HF 7549945v.1 #15967/0008 but not limited to the power to administer and operate certain common elements, and the power to enact rules and regulations for the governance of the community, and the power to levy assessments for common area expenses. The Defendant is James Thomas, an adult individual residing at 1075 Lancaster Boulevard, Unit 6, Mechanicsburg, Cumberland County, Pennsylvania. Defendant, James Thomas, is and at all times material hereto remains the record title owner in fee simple of the Sunguild Condominium Unit commonly known as 1075 Lancaster Boulvard, Unit 6, Mechanicsburg, Cumberland County, Pennsylvania SUNGUILD CONDOMINIUM ASSOCIATION, INC. AND GOVERNING DOCUMENTS The Sunguild Condominium Association exists for the purposes set forth in the Declaration for Sunguild Condominium. A. true and correct copy of the Declaration (and. Amendments thereto) is attached hereto and incorporated herein as Exhibit "A." Article VII, Section 4 of the Code of Regulations provides that all such assessments shall constitute a personal liability of the Unit Owner and shall be a charge and lien upon such Unit. A true and correct copy of the Code of Regulations is attached hereto and incorporated herein as Exhibit "B". 8. 68 Pa.C.S. § 3302 and § 3314 permit an Association to make and collect regular monthly assessments and special assessments for the maintenance of the common elements, and to levy expense assessments as to all units and as to individual units where the expense is caused by the negligence or misconduct of any unit owner. HF 7549945v.1 #15967/0008 9. 68 Pa.C.S. § 3315 provides that an Association has a lien on a unit for any assessment levied against it, including "fees, charges, late charges, fines and interest . . . and reasonable costs and expenses of the association, including legal fees, incurred in connection with. collection of any sums due to the association by the unit owner or enforcement of the provisions of the declaration, bylaws, rules or regulations against the unit owner are enforceable as assessments under this section." DEFENDANTS' FAILURE TO PAY ASSESSMENTS WHEN DUE 10. The Sunguild Condominium Association makes assessments against the units in the Sunguild Condominium pursuant to its authority under 68 Pa.C.S. § 3314. 11. Beginning in January of 2012, the Defendant, James Thomas, failed to make payments for the assessments as they became due. 12. The Defendant, James Thomas, has failed to make all payments for assessments from January 2012 through the date of this Complaint, and it is believed that the Defendant will continue to fail to make payments for assessments as they become due. 13. The Act, specifically 68 Pa.C.S. § 3315, permits the Association to accelerate all assessments due for the calendar year. 14. The Sunguild Condominium Association has expended and will expend significant legal fees and costs in the collection of the past-due assessments and enforcement of its Declaration, Bylaws, Rules, and Regulations, and such fees and costs are due from the Defendants as additional assessments under 68 Pa.C.S. § 3315, 3 HF 7549945v.1 #15967/0008 COUNTI Sunguild Condominium Association v. James Thomas Collection of unpaid assessments and fines Uniform Condominium Act, 68 Pa.C.S.A. § 3315 15. The Plaintiff, Sunguild Condominium Association incorporates each of the foregoing allegations as if the same were set forth herein at length. 16. As stated at length above, Defendant James Thomas has failed to pay assessments due for his unit in the Sunguild Condominium. 17. Accordingly, assessments with late fees and other charges are overdue. 18. Plaintiff Sunguild Condominium Association reserves the right to amend and/or supplement its ledger for past-due assessments at any time prior to trial in this matter as the Defendants will continue to accrue fines, fees, and assessments prior to trial. 19. As stated at length above, the Declaration and. Bylaws provides that the Defendant shall bear the costs of collection of assessments and fines, including reasonable attorney's fees, and that interest upon assessments and fines shall run at the maximum rate allowed by the laws of the Commonwealth of Pennsylvania. 20. Accordingly, there is a balance owing by Defendant for unpaid assessments, late charges, and attorney's fees and costs. 21. Plaintiff Sunguild Condominium Association demands payment of the assessments for common expenses, together with all late fees, costs of collection, and attorney's fees as provided by 68 Pa.C.S.A. § 53 1.5, and that the Defendant be held personally liable therefore. 22. As of July 23, 2012, the Defendant is indebted to the Sunguild Condominium Association as follows: 4 HF 7549945v.1#15967/0008 Maintenance and. Late Fees Accelerated Fees (August - December 2012) Collection Admin Fee Attorney Fees Total Amount Due $ 1,757.11. $ 1,590.00 $ 150.00 $ 1.01.5.00 $ 4,512.11 WHEREFORE, the Plaintiff, Sunguild Condominium Association respectfully requests that this Honorable Court enter judgment on its behalf and against Defendant James Thomas in an amount not to exceed Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit, attorney's fees, and such other relief as this Honorable Court should deem equitable and just. Respectfully Submitted, Dated: .RAt? 33 j 0k t- HERRICK, FEINSTEIN LLP By: a Im - Ellen M. Goodman, Esquire Supreme Court I.D. No. 306608 Attorneys for Plaintiff 210 Carnegie Center Princeton, New Jersey 08540 tel. 609.452.3800 fax. 609.520.9095 HF 7549945v.1 #159157/0008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA SUNGUILD CONDOMINIUM ASSOCIATION Plaintiff, vs. JAMES THOMAS, Defendant. No. VERIFICATION I, Brian Patterson, Community Manager, authorized representative of Sunguild Condominium Association, the Plaintiff in this matter, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: r-mn Patterson, Community Manager Authorized Representative of Sunguild Condominium Association HF 7549910v.1 #15967/0008 I I 12/3/79 DECLARATION FOR SUNGUILD CONDOMINIUM WINTERSET ONE ASSOCIATES, a Pennsylvania Limited Partnership with offices located at 301 South Allen Street, State College, Centre County, Pennsylvania, (sometimes hereinafter referred to as the "SPONSOR") does hereby declare: ARTICLE I. SUBMISSION OF PROPERTY This Declaration is made in accordance with the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of Jul, 1963, P.L. No. 196) for the purposes of submitting to the provisi of the Unit Property Act the property described in Article III be. This Declaration for Sunguild Condominium is to be filed for reco at the office of the Recorder of Deeds of Cumberland County, Penn sylvania. 349 3, ns Ow. ARTICLE II. DEFINITIONS The foll owing words or phrases when used in this Declaration shal have the meanings ascribed to them in this section, unless the co - text of the Unit Property Act clearly indicates or requires other - wise: (1) ASSESSMENTS shall mean and refer to those amounts levie d by the Council, in accordance with Sections 700.102(4), 700.311, 700.702 and 700.703 of the Unit Property Act, against the units and payable by the Unit Owners pursua nt to authority granted in the Unit Property Act, this Declar ation and the Code of Regulations, in order to enable it adequate ly to operate, maintain, repair, improve and reconstruct the Condominium Property or otherwise to further the aims o f the Condominium. Common Charges, Special Assessments a nd fines are all types of Assessments. Assessments shall be a lien against each unit which may be perfected as prov ided by law. (2) BUILDING means any single or multi-unit structure or st ruc- tures or complex thereof, whether in vertical or horiz ntal arrangement, as well as other improvements comprising part of the Condominium Property and used, or intended for use, for residential or other lawful purpose or for an combination of such lawful uses. Page 2 ARTICLE II. DEFINITIONS CONT. (3) CODE OF REGULATIONS means such governing regulations as are adopt pursuant to the Unit Property Act for the regula- tion and management of the Condominium Property including such amendments thereof as may be adopted from time to time. The initial Code of Regulations for the Condominium is filed simultaneously herewith. (4) COMMON CHARGES refers to those annual assessments levied, in accordance with Sections 700.102(4), 700.311, 700.70 and 700.703 the Unit Property Act, against the units an payable by the Unit Owners in monthly installments in order to defray the Common Expenses and established operating and capital replacement or improvement reserves. (5) COMMON ELEMENTS, GENERAL COMMON ELEMENTS, COMMON AREAS R OMt40N FACILITIES means an includes the o owing: (i) the land on which the Buildings are located and all portions of any Building which are not included in any unit; and (ii) the foundations, structural parts, supports, wall , roofs, storage rooms, furnaces; and (iii) The swimming pool (need not be built), tennis courts, yards, parking areas, and other recreational facilities driveways and private streets; and (iv) portions of the land and Buildings used exclusively for the management, operation or maintenance of the Common Elements; and (v) installations of all central services and utilities not specifically included in the units; and (vi) all apparatus and installation existing for commo use; and (vii) All other elements of any Building necessary or venient to its existence, management, operation, mainte and safety or normally in common use; and (viii) such other facilities as are designated in this Declaration as Common Elements. n- nce {6) LIMITED COMMON ELEMENTS, AREAS AND FACILITIES means andlin- cludes those portions of the Common Elements, Areas and Facilities designated in this Declaration as reserved f r the use of a certain unit or units to the exclusion of ther units as further defined in Article Iv (2) M below. Page 3 ARTICLE 11. DEFINITIONS CONT. (7) COMMON EXPENSES means and includes; i expenses of administration, management, operation, i surance, taxes, assessments, utilities, maintenance, repa or replacement of the Common Elements. Water and heatinc oil supplied to and trash or refuse collection services I vided to all units in the Condominium shall be a Common f pense. Each residential unit is separately metered for electricity and each Unit Owner shall be responsible to f his own electrical charges based on the meter charge to the individual unit. Provided, however, that the costs of fuel oil and the central heating equipment maintenancE repair and replacement expense for Unit Owners in Build- ings 1 through 5 shall be a Common Expense allocated onl] to such Unit Owners in proportion to their original per- centage of individual interest herein, regardless of any subsequent changes thereto; further provided, that such fuel oil and central heating expenses for buildings 6 through 10 shall not be Common Expenses, but the costs o: and paid by individual Unit owners thereof. Electricity and other utility services furnished to or for the Commo: Elements shall be a Common Expense; r O- y (ii) expenses declared Common Expenses by the Unit Prop+rtv Act or by this Declaration or by the Code of Regulations (iii) expenses agreed upon as Common Expenses by the Co n- cil and lawfully assessed against the Unit Owners in acc rd- ance with the Code of Regulations; (iv) expenses necessary for the ownership and maintenan e of a unit used for housing a superintendent or manager aid his family as hereinafter permitted, including but not limited to interest and principal obligations under any mortgage placed on such unit all utility charges or asse s- ments (heating oil, water and electricity) repairs and main- tenance of the unit, replacement of any component of suc unit when necessary, all Common Charges or Assessments and all real estate or other taxes and assessments which are or may be levied thereon from time to time. (v) expenses of management and administration of the Condo- minium by the Council, including without limitation, com- pensation of all employees, managers, accountants, attor- neys and other personnel hired by the Council whether as employees, independent contractors or otherwise. (8) COMMON PROFITS means the.balance at the end of each fiscal year, of all Common Charges and Assessments collected from the Unit Owners and all income, rents, profits and revenues from the Common Elements remaining after the deduction f all Common Expenses for such period. Any rental or concession income received for the use of Common Elements shall be used by the Council to reduce and defray Common Expenses and Page 4 ARTICLE II. CONT. DEFINITIONS (8) (cont. )shall be included in the Common Profits. Any net procee s from the sale or lease of a unit purchased for use of a superintendent or manager and his family shall be added o the Common Revenue. (9) CONDOMINIUM, for the purpose of this Declaration, means he housing development located on the Property in which indi- vidual units are owned by individual Unit owners in fee simple with each Unit Owner being entitled to the exclusive ownership and possession of his unit, to an exclusive ease- ment for the use of the Limited Common Elements appurten nt to his unit, and to any undivided interest in the Common Elements of the whole project and property which is the ubject of this Declaration. (10) CONDOMINIUM DOCUMENTS or DOCUMENTS means the Declaration, Declaration Plan and Code of Regulations as defined herein. (11) COUNCIL means a board of natural individuals of the number stated in the Code of Regulations, who are residents of he Commonwealth of Pennsylvania and who need not be Unit 0w ers. The Council shall manage the business, operation and aff irs of the Condominium, on behalf of the Unit Owners, in compliance with and subject to the provisions of the Unit Property Act, this Declaration and the Code of Regulations. The Council may take title to real or personal property as Agent, Nominee or Trustee for the Condominium. (12) DECLARATION means this instrument, and all exhibits and amend- ments hereto, by which the Property is submitted to the provisions of the Unit Property Act. (13) DECLARATION PLAN means a plan of the Property prepared i accordance with Section 402 of the Unit Property Act. (14) MAJORITY or MAJORITY OF THE UNIT OWNERS means the owner of more than fifty percent (50%) in the aggregate intere t of the undivided ownership of the Common Elements as spe i- fied in the Declaration. {15} PERSON means a natural individual, corporation, partnership, association, trustee or other legal entity. (16) PROPERTY or CONDOMINIUM PROPERTY means and includes the and, the Building, all improvements thereon, all owned in fee simple, and all easements, rights and appurtenances belonging thereto, which have been or are intended to be submitted to the provisions of the Unit Property Act hereunder, as fur- ther defined in Article III below. (17) SPONSOR or DECLARANT shall mean Winterset One Associates a PENNSYLVANIA LIMITED PARTNERSHIP. Page 5 ARTICLE II. DEFINITIONS CONT. (18) UNIT or CONDOMINIUM UNIT means any part of the Property d e- signated or intended for independent residential use, whi ch has a direct exit to a public street or way, or to a Comm on Element or Common Elements leading to a public street or way, or to an easement or right-of-way leading to a publi c street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the Common Elements which is assign ed thereto in this Declaration or the Declaration Plan, as he same may be amended from time to time. Unless otherwise specified, the term "Unit" when used in this Declaration or in the Code of Regulations shall refer to the Residential Units as designated on the Declaration Plan referred to 'n Article III below, as the same may be amended from time o time. The Residential Units are generally identified on Schedule "B" hereto. Each unit shall constitute a singl freehold estate, consisting of the space bounded and des ribed in accordance with the provisions of Article IV below. (19) UNIT DESIGNATION means the number, letter or combination thereof designating a unit in the Declaration Plan. (20) UNIT OWNER or OWNER means the person or persons owning unit in fee s mple. Title to units may be taken in the names of an individual, or in the names of two or more p er- sons as tenants in common or as joint tenants with right of survivorship, or in the name of a corporation or part - nership, or in the name of a fiduciary, or in any manner per- mitted under the laws of the Commonwealth of Pennsylvani a. (21) UNIT PROPERTY ACT means the Unit Property Act of the Co - monwealth of Pennsylvania, Act of July 3, 1963, P.L. 19E , as amended from time to time, and any successor laws go ern- ing condominium property which substantially repeal the Act of July 3, 1963, P.L. 196 or its successors. ARTICLE III. DESCRIPTION OF PROPERTY The Pr operty owned by the SPONSOR, which is hereby submitted to ti le Condom inium form of ownership under the provisions of the Unit Pr - perty Act, is the land described in Schedule "A" attached hereto a nd made a part hereof, together with all existing and future improve- ments thereon and appurtenances thereto. Declarant intends, but shall not be obligated to construct buildings 6-10. ARTICLE IV. DECLARATION PLAN (1) The Property includes 80 existing residential dwelling nits (Buildings 1 through 5), together with Common Elements as shown on a Declaration Plan for Sunguild dated and prepared by Harlin J. Wall, Architect. The Propert Page 6 ARTICLE IV. DECLARATION PLAN CONT. (1)(cont.) also includes 80 future residential dwelling units (Build- ings 1 through 6) as shown on the Declaration Plan. The Declaration Plan will be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania sim- ultaneously with this Declaration and is incorporated herein by reference. (2) (i) Each respective unit shall include only the area w th- in the boundary lines as described in this Article, Par - graph (ii) hereinbelow and as specifically delineated o the plan referred to in sub-paragraph (1) of this Artic e. Any adjacent or connecting balcony, patio or air condition- ing unit and related equipment and the storage area assigned to each unit, shall be a Limited Common Element and the owner of the connecting or assigned unit shall have an ex- clusive easement for the private use thereof; the maint n- ance thereof shall be borne as provided in this Declara- tion and the Code of Regulations. (ii) The exterior boundary lines of each unit are the inter- ior unfinished surfaces of the ceiling or roof, floors, peri- meter walls including, but not limited to, the ceilings, floors and perimeter walls of access stairways and ent ways and interior load. bearing walls and beams, windows and doors thereof, projected, if necessary, by reason of structural divisions such as interior walls, floors, ceilings and other partitions, as may be necessary to f rm a complete enclosure of space with respect to such Unit (the layout and dimensions of each unit being shown on the plan) and including, without limitation, all space occu- pied by any Common Elements located within pipes appurtenant to such unit, together with the decorated surfaces, til and any other finishing material applied to interior wa ls, doors, floors and ceilings and interior surfaces of peri- meter walls, windows, doors, floors and ceilings. (iii) The interior partitions or walls within the confines or boundary lines of each unit are approximately placed in the Declaration Plan of the Condominium, recorded simultan- eously with the recording hereof in the office of the Re- corder of Deeds of Cumberland County, Pennsylvania. These interior partitions or walls may, from time to time, be re- moved or replaced subject to the approval of the Council; in the event a Unit Owner does remove or replace any or all interior partitions or walls, no amendment of the Declaration Plan will be necessary or required. ARTICLE V. DESCRIPTION OF COMMON ELEMENTS AND LIMITED COMMON ELEMENTS AND AREAS The Common Elements and Limited Common Elements consist of all those portions of the Property more particularly defined in Article II, Subsections (5) and (6) and as delineated in the Declaration Pla . Page 7 ARTICLE VI. PERCENTAGE OF UNDIVIDED INTEREST IN COMMON AREAS APPS . TAINING TO EACH UNIT AND ITS OW14ER The percentage of the undivided interest in the Common Elements app+ taining to each unit is more particularly set forth in Schedule "B". annexed hereto. The total percentage of the undivided interests of all the units equals 100%. Any units created in additional or cl vertible real estate will be substantially identical to the other units in the Condominium and the Common Element interests and Commo! Expense liabilities will be allocated to those units in accordance with the formulas (See Article herein) used for the initial allocat ARTICLE VII. USES, PURPOSES AND RESTRICTIONS The Condominium Property referred to in this Declaration is subject to all covenants, restrictions and easements of record and to the following restrictions: (a) No unit or Common Element (except those units and offices owned by the Sponsor or Council on behalf of the Unit owners and used by them as Sales Offices, Administr tive Offices, Models, or storage facilities) shall be us for any purpose other than as a private residence for th use of one family consistent with the Declaration, Code Regulations and Rules and Regulations promulgated by the Council, or shall anything be done therein which may be nuisance to the occupants of neighboring units. r- n-- ons. (b) The Sponsor shall have the irrevocable right to use any units owned by it, Common Elements, rooms, storage areas (except those assigned as Limited Common Elements) or offices for sales, administrative or management purposes until it has conveyed title to the last unsold unit owned by the Sponsor. This right shall not be subject to amend- ment or modification by the Unit Owners. The Council shall have the right to lease the Common Elements or units as such, subject to zoning laws and any other government re u- lations, upon terms and conditions as established by the Council. (c) Each Unit Owner shall be obligated to maintain his own unit and keep it in good order and repair, and to re lace and repair all air conditioning equipment, and any land- scaping located on or within any balcony or patio locate within or appurtenant to his Residential•Unit. (d) There shall be no obstruction of the Common Element nor shall anything be stored in or on the Common Areas without the prior written consent of the Council or except as hereinafter expressly provided. No owner or group of owners shall build, plant,. or maintain any matter or thi g upon, over or under the Common Elements except with the x- press permission of the Council in writing first had and Page 8 ARTICLE VII. USES, PURPOSES AND RESTRICTIONS CONT. (d)(cont.) obtained. No trash, garbage, refuse, debris or excess materials of any kind shall be placed on or about the Common Elements except in receptacles specifically desig- nated therefor. No one shall burn, chop, or cut anything on, over or above the Common Elements. Unit Owners shall not have any right to paint or otherwise decorate or change the appearance of any portion of the exterior of any build- ing. Each Unit Owner is responsible to report promptly t the Council any defect or need for repairs the responsibility for which is that of the Council. (e) Nothing shall be done or kept in any unit or the Common Elements which will increase the rate of insurance of any Building or the contents thereof, beyond the rates applicable for Residential Units, without prior written consent of tie Council. No Unit Owner shall permit anything to be done r kept in his unit or in the Common Elements which will re- sult in the cancellation of insurance on any Building or he contents thereof, or which will be in violation of any law. (f) Unit Owners shall not cause or permit anything to be hung, painted or displayed on the outside of windows o doors or on the outside walls of any Building and no sign, awnings, canopy, shutter, CB, radio, television or other antenna shall be affixed or placed upon the exterior wall or roof of any Building without the prior written consent of the Council. (g) No animals, rabbits, livestock, fowl or poultry of any kind shall be raised, bred or kept in any unit or in the Common Elements, except that dogs, cats or other house- hold pets, not to exceed one per unit, may be kept, subject to the rules and regulations to be adopted by the Council and provided they are not kept, bred or maintained for any com- mercial purposes. Any such pet causing or creating a nui- sance or unreasonable disturbance or noise or causing un- reasonable odor, shall be permanently removed from the Pro- perty upon three (3) days written notice from the Council. All household pets must be on a leash held by an adult when outside a unit and must be registered with the Council. No pet may be tied or leashed to or on any Common Element, ex- cept when an adult holds the leash. All Unit Owners will be responsible for the prompt disposal of all pet litter. (h) No noxious or offensive activity shall be permitted in any unit or in or on the Common Elements nor shall any- thing be done therein either willfully or negligently which may be or become any annoyance or nuisance to the other Unit Owners or occupants. Page 9 ARTICLE VII. USES, PURPOSES AND RESTRICTIONS CONT. (i) Nothing shall be done to any unit or on or in the Common Elements which will impair the structural integri of any Building or which will structurally change the Building. (j), No clothes, sheets, blankets, laundry of any kind any other articles shall be hung or exposed on any part of the Common Elements or Limited Common Elements. (k) No industry, business, trade, occupation or profes of any kind, be it commercial, religious, educational o otherwise, may be conducted, maintained or permitted on any part of the Property. No commercial vehicles of a larger than a panel truck may be parked on any part of Property, except those vehicles temporarily on the Prop for purposes of servicing the Property itself or one of units. No boat trailers or boats shall be parked overn on or about the Common Elements unless Council shall re a space therefor and designate such space for the Unit on ize he rty the ght erve older. (1) All valid laws, zoning ordinances and regulations f all governmental bodies having jurisdiction over the Co do- minium shall be observed by each Unit Holder and the Co ncil. (m) Draperies, blinds or curtains showing solid neutra colors or linings to the exterior must be installed by he Unit Owner on all windows of each unit and must be main ained in said windows at all times. (n) Each Unit Owner shall be entitled to share in any urplus accumulated by the Council and shall be liable for Comm n Expenses in the same percentage as the individual unit Owner has in the undivided interest of the total Common Elements. (o) The Common Elements comprising the recreational fa ili- ties may be used for general recreational purposes by U it owners, their families, tenants and their guests. All er- sons using said facilities will abide by the rules and e- gulations as established from time to time by the Counc 1. (p) The Common Elements shall be used only for the fur fish- ing of the services and facilities for which they are i tended and which are incident to the use and occupancy of the nits. (q) One unit may be purchased by the Council on behalf of all Unit Owners for the use and occupancy of a resident super- intendent or manager and his family, and the Council ma ar- range for a mortgage thereon. Page 10 ARTICLE VII. USES, PURPOSES AND RESTRICTIONS CONT. ARTICLE VIII. (r) No automobile or other motor vehicle, including but not limited to motor bikes and motor cycles, shall be parked on or about the Common Elements unless it has bot a current vehicle license tag displayed and, if applicable, the appropriate inspection certificate or sticker displa ed, all conforming to the laws of the State in which the vehicle shall be repaired, disassembled or stored in non-operati g condition on the Common Elements without the prior writt n consent of the Council. (s) The responsibility for fireplace flues or vents sha 1 be principally with the Unit Owner in which the fireplac is located, as more fully provided in the Code of Regula tions. NAME OF CONDOMINIUM The name by which the Condominium will be known henceforth is sU ARTICLE IX. THE COUNCIL The Council and the Sponsor appointed Council shall have all the and duties necessary for the administration of the affairs of the dominium and may perform all acts and things as are not by statut by this Declaration or the Code of Regulations directed to be exe and done by the Unit Owners. The powers and duties of the Counci include, but not be limited to, the following: (a) To provide for the operation, care, up-keep and ma tenance of the Condominium Property in a manner consist with law and the provisions of this Declaration and the of Regulations. (b) To provide for the establishment and collection of Assessments and/or Common Charges from the Unit Owners the Assessment and/or enforcement of liens therefor in manner consistent with law and the provisions of the De claration and the Code of Regulations. ILD. wers on- or ised shall t ode (c) To provide for the employment of personnel necessa to maintain, operate, renovate and improve the Condominium Property and the provision of services for the Condominium Property in the manner consistent with law and the provisions of the Declaration and the Code of Regulations. (d) To provide for the promulgation and enforcement of such rules and regulations, restrictions or requirements as y be deemed proper respecting the use, occupancy and main- tenance of the Condominium Property, including the General Page 11 ARTICLE IX. THE COUNCIL CONT. (d) (cont.)and Limited Common Elements, all of which shall be consis ent with law and the provisions of this Declaration and the Code of Regulations. (e) To take or to cause to be taken any and all other ac- tions which are required or permitted under the Unit Property Act, this Declaration and the Code of Regulations. ARTICLE X. PERSONS TO RECEIVE SERVICE Any member of the Council is hereby designated to receive service o process in any action which may be brought against two or more Unit owners or relating to the Common Elements and Facilities. ARTICLE XI. EASEMENTS (1) ENJOYMENT OF COMMON ELEMENTS. Every Unit Owner shall hav a perpetual right and easement of enjoyment and ingress aid egress in and to the unlimited Common Elements (as distin quished from Limited Common Elements) and such easement s all be appurtenant to and shall pass with the title to every unit, subject to the following provisions: (a) the right of Council to limit the number of guests w o may use the Common Elements and Facilities; and (b) the right of the Council to charge reasonable admission and other fees for the use of any recreational facilities situated upon the Common Elements or leased or otherwise ro- vided to the Council for the use and enjoyment of the Uni Owners; and (c) the right of the Council to suspend the right to the use of the recreational facilities by a Unit Owner for an period during which any Common Charge or Assessment against his unit remains unpaid, and for a period not to exceed thirty (30) days for any one infraction of the published rules and regulations relating to such facilities; and (d) Any owner may delegate, in accordance with this Declara- tion, his right of enjoyment to the Common Elements to the members of his family or tenants who reside in his unit. (2) ENCROACHMENTS AND SUPPORT. Each unit and the Common Ele ents shall be subject to an easement for encroachments create by construction, settling and overhangs in the units or the Common Elements as constructed, repaired, renovated or in- proved., A valid easement for said encroachments and for the maintenance of same, so long as they stand, shall and does Page 12 ARTICLE XI. EASEMENTS CONT. (2)(cont.)exist. In the event that any Building is partially or totally destroyed and then rebuilt, the Owners of the units so a - fected agree that minor encroachments of parts of the ad 'a- cent units or Common Elements due to said encroachments and the maintenance thereof shall exist. Every portion of a unit contributing to the support of an abutting unit shall be burdened with an easement of support for the benefit of uch abutting unit. Also, a valid easement shall and does exist in favor of each owner to make reasonable use, not incon is- tent with the terms of this' Declaration, of the exterior wall of any adjoining unit where the outer unfinished surface of such wall shall serve and separate any portion of such O ner's unit or Limited Common Element appertaining thereto and such adjoining unit notwithstanding the inclusion of such wall within the vertical boundaries of such adjoining unit. (3) UTILITIES, etc.. There is hereby granted a blanket eas ent upon, across, over and under all of the Property for ingress, egress, installation, replacing, repairing and maintains g a master television antenna system and all utilities includ- ing, but not limited to, water, sanitary and storm sewer , gas, telephone, electricity and heating oil lines and dr ins. By virtue'of this easement, it shall be expressly permis ible for the providing utility company or other responsible p rty to erect and maintain the necessary poles and other nece sary equipment on the Property and to affix and maintain utility wires, circuits, conduits and pipes, on, above, across a rd under the roofs, flooring, basements, patios and exterior walls of the units, and as to fireplace flues, through t le units. Notwithstanding anything to the contrary contain Ed in this paragraph, no sewers, electrical lines, water 1i es, or other utilities may be installed or relocated on said Property except those utilities initially programmed and those utilities necessary for the development of Phase I as set forth on the plans therefor, as such plans may be modified from time to time, and approved by the Declarant or hereafter approved by the Council, provided in no event shall any such future easements interfere with the use and enjoyment of any unit, except as specifically shown for Phase II. Should any utility furnishing a service covered by the general easement herein provided or should the Declarant request a specific easement by separate record- able document, the Council shall have the right to grant such easement on the Property without conflicting with t e terms hereof. The easements provided for in this Articl shall not impair any other recorded easement on the Property. (a) THE COMMON ELEMENTS shall be, and are hereby made subject to, an easement in favor of the Unit owners and their in vitees, tenants and servants, the Council and the agents Page 13 ARTICLE XI. EASEMENTS CONT. (4)(cont.)and employees of the Council (i) for pedestrian traffic n, over, through and across sidewalks as the same may from ime to time exist, and the Building entrance halls, corridor , lobbys and Common stairwells, and (ii) for pedestrian an ve- hicular traffic on, over, through and across such portio s of the Common Elements as may be from time to time paved and intended for such purposes. (5) THE COMMON ELEMENTS shall be and are hereby made subject to the following easements (in addition to any other easement set forth in this Declaration) in favor of the unit or u its benefitted thereby: 0 (i) For the installation, repair, maintenance, use, removal and/or replacement of overhead lighting fixtures, electr cal receptacles and the like which are located in a portion of the ceiling or wall adjacent to a unit which is part of he Common Elements; provided, that the installation, repair, maintenance, use, removal or replacement of such fixture , receptacles and the like will not unreasonably interfere with any part of the Common Elements or impair or structurall weaken a portion of the Buildings; and (ii) For the installation, repair, maintenance, use, r oval and/or replacement of any recessed medical cabinet in the bathroom of a unit in the event that a part of such cabinet located in the portion of a wall. (iii) For driving and removing nails, screws, and bolts from the unit side surface of the walls of a unit into tae portion of such walls which are part of the Common Elements; provided, that such action will not unreasonably interfere with the use of any part of the Common Elements or impair or structurally weaken the Buildings. (iv) Any easements or restrictions otherwise of record. (6) THE UNITS shall be and are hereby made subject to the fol owing easements: (i ) In favor of the Council or its designee for inspection of the units for the purpose of verifying of performance by Unit Owners of all items of maintenance and repair for which they are responsible, for inspection of the condition of the Common Elements situated in or accessible from such unit, for correction of emergency conditions in each unit or casualties to such Common Elements and/or unit, for re- pairing, replacing and improving Common Elements therein or elsewhere in the Buildings, to abate any violation of law, orders, rules or regulations of any governmental authorities Page 14 ARTICLE XI. EASEMENTS CONT. (6)(i)(cont.)having jurisdiction, to correct any condition which vio- lates the provisions of any mortgage and for such other par- pose as may be reasonably required to carry out its duties, it being understood and agreed that the Council and its agents shall take reasonable steps to minimize any interference with a Unit Owner's use of his unit resulting from the Council's exercise of the foregoing rights pursuant to this Section or any other provision of this Declaration; and (ii) In favor of the Common Elements installation, repair, maintenance, us placement of pipes, ducts, electrical flues and all other utility lines and part of the Common Elements and which a portion of a unit or units; and benefited, for the e, removal and/or re- wiring, fireplace conduits which are pass across or through (iii) There is hereby granted a blanket easement to the Council or its officers, agents and employees, to any Manager employed by or on behalf of the Council and to al policemen, firemen, ambulance personnel and all other simi- lar persons to enter upon the Property or any part there in the proper performance of their respective duties and for repair and maintenance of Common elements, including the Limited Common elements. Except in the event of emer- gencies, the rights accompanying the easements provided or in this paragraph shall be exercised only during reasonable daylight hours and then, whenever practicable, only after ad- vance notice to and with the permission of the Owner or owners directly affected thereby. (7) If a unit or units shall encroach upon any Common Element or upon any other unit by reason of original construction or a cause other than the purposeful or negligent act or omission of the unit owner, then an easement appurtenant to such encroaching unit, to the extent of such encroachment, shall exist for so long as such encroachment shall exist. If any Common Element shall encroach upon any unit by reason of original construction or a cause other than the purposeful or negligent act or omission of the Council, then an easement appurtenant to such Common Elements, to the extent of such encroachment, shall exist for so long as such encroachment shall exist. In the event the Building is partially or totally destroved, and then rebuilt, encroachment upon the Common Elements and/or units, as and to the extent described above, shall be permitted, and a valid easement for said encroach- ments and the maintenance thereof shall exist for so long as such encroachment continues to exist. (8) Any easements or restrictions otherwise of record. Page 15 ARTICLE XI. EASEMENTS CONT. (9) All easements and rights described and mentioned in this Declaration are easements appurtenant, running with the 1 units and Common Elements, perpetually in full force and effect, and at all times shall inure to the benefit of an be binding upon Declarant, its successors and assigns, th cil, any Unit Owner, purchaser, mortgagee and any other p son having interest in said land, units, Common Elements any portion thereof. ARTICLE XII. PIPES, DUCTS, CABLES, WIRES, CONDUITS, PUBLIC UTI Each Unit Owner shall have an easement in common with the Owners of all other units to use all pipes, wires, ducts, cables, conduits, p lic utility lines, fireplace flues and other Common elements locate any of the other units and serving his unit. Each unit shall be su ject to an easement in favor of the owners of all other units to us the pipes, ducts, cables, wires, conduits, fireplace flues, public utility lines and other Common Elements serving such other unit and located in such unit. The Council shall have the right of access t each unit and to inspect same to remove any violations as set forth this Declaration or Code of Regulations as from time to time in eff and to maintain, repair or replace the Common Elements contained th in or elsewhere in the Buildings. ARTICLE XIII. POWER OF ATTORNEY Coun- S in in ct re- By acceptance of a deed to any unit or by the acceptance of any othe r legal or equitable interest in the Condominium or any unit therein, each and every contract purchaser, Unit Owner or occupant, or holder of any mortgage or other lien, does automatically and irrevocably name, co - stitute, appoint and confirm (i) Sponsor, its successors and assigns , as attor ney-in-f act for the purpose of executing such amended Decla ra- tion(s) and other instrument(s) as are permitted pursuant to the Un it Property Act, this Declaration, the Code of Regulations or the pure ase agreemen t for a unit, provided that the Sponsor shall retain this power of attorney only until the last unit owned by Sponsor is sold and (ii) the members of the Council, provided that a majority of t he members of Council then holding office join in such act, as attorne y- in-fact to do the following: (1) Acquire title to or lease any unit or interest therein whose owner desires to surrender, sell, lease or other- wise, on behalf of all Unit Owners and to convey, sell, lease, mortgage (but not to vote the votes appurtenant thereto) or otherwise deal, with any units so acquired or o sublease any units so leased by the Council. Page 16 ARTICLE XIII. POWER OF ATTORNEY CONT. (2) Purchase one unit for the use and occupancy of a resident superintendent or manager of the premises and his family, and arrange for a mortgage thereon. The Council may, upoi vote of the majority of Unit Owners, convey, sell or leas such unit and any net proceeds therefrom shall be common revenue. The Council may not vote the votes appurtenant to this unit. (3) Lease the recreational facilities, subject to zoning laws or other government regulations which may apply upon terms and conditions as established by the Council. (4) To appeal, contest or otherwise seek a reduction in the other assessments, or other charges, levied or imposed by any governmental or quasi-public authority, including public utilities, against any or all of the units or the Common Elements and to employ such appraisers, legal counsel or other firms or personnel as the Council may deem necessary or appropriate to accomplish the foregoing. (5) Execute easements, rights-of-way or other similar agreeme ts. The Powers of Attorney aforesaid are expressly declared and acknow- ledged to be coupled with an interest in the subject matter hereof and the same shall run with the title to any and all units and be binding upon the heirs, personal representatives, successors, and assigns of any of the foregoing parties. Further, said Powers of Attorney shall not be affected by the death or disability of any cipal and are intended to deliver all right, title and interest principal in and to said Powers. ARTICLE XIV. UNITS SUBJECT TO DECLARATIONS CODE OF REGULATIONS pr n- of he All present and future Owners, tenants and occupants of units shall subject to and shall comply with the provisions of this Declaration and Code of Regulations and as they may be amended from time to tim4 The acceptance of a Deed or conveyance or entering into a lease or the entering into occupancy of any unit shall constitute agreement that the provisions of this Declaration and Code of Regulations, as they may be amended from time to time, are accepted and ratified by such owner, tenant or occupant, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such unit as though such provisions were recited and stipulated at lengt] in each and every deed or conveyance or lease thereof. The Page 17 ARTICLE XV. CHANGE OF PERCENTAGE The proportionate undivided interest in the Common Elements may be altered only by the recording of an amendment duly executed by all the Unit Owners affected thereby; provided that, notwithstanding an other provision of this Declaration, if the Sponsor does not constr uct some part of the future units shown on the Declaration Plan with- in seven (7) years from the date hereby, then by amendment duly re- corded by the Sponsor, without joinder of any Unit Owner, the propo r- tionate undivided interest of each Unit Owner in the Common Element s shall be decreased to a percentage equal to the net square feet in the unit owned by such Unit Owner divided by the net square feet in al units then constructed. Such amendment shall have attached theret a chart showing the percentage interest in the Common Elements of e ach Unit owner as finally determined. This right shall not be exhauste d by one exercise thereof, and may be exercised on more than one occa sion as determined during said seven (7) year period by the Sponsor. ARTICLE XVI. AMENDMENT OF DECLARATION Subject to the provisions of Article XIX (3) hereof, this Declara- tion may be amended by the affirmative vote of the owners of at lea st 51% in interest of the Common Elements so long as the Sponsor is e owner of one or more units. At such time as the Sponsor is no lon er the owner of one or more units, it is specifically provided that t is Declaration may only be amended by the vote of the owners of at lea st 66-2/3'% of the interest in the Common Elements cast in person or b proxy at a meeting duly held in accordance with the provisions of he Code of Regulations. No such amendment shall be effective until recorded in the Recorder's Office of Cumberland County, Pennsylvan ia, and no such amendment shall alter or change the provisions of Article XVI. The Council shall execute and record such amendment on behalf of the Unit Owners. ARTICLE XVII. LIABILITY Neither Sponsor appointed Council, nor any subsidiary or affiliate of Sponsor, nor any employee, agent, successor or assign of Sponso , or any such subsidiary or affiliate, shall be liable for any claim or damage whatsoever arising out of or by reason of any actions perfo ed pursuant to or in accordance with the authority granted or delegat ed to them or any of them by or pursuant to this Declaration or Code f Regulations. ARTICLE XVIII. 14ORTGAGES (a) A Unit owner may not voluntarily encumber or subje his unit to any lien, other than the lien of (i) a firs Page 18 ARTICLE XVIII. MORTGAGES CONT. (a)(cont.) mortgage to a bank, trust company, bank and trust comp ny, savings bank, savings and loan association, building an loan association, insurance company, pension fund or li e institutional investor, any of which are sometimes refe red to as a mortgage company, or (ii) a purchase money mort age to the Sponsor, or (iii) a purchase money mortgage to the seller of a unit (any of such mortgages being sometimes re- ferred to herein as "Permitted Mortgagees"). In any event, such mortgage and the obligation secured thereby shall ro- vide that the mortgage and the rights and obligations o the parties thereto shall be subject to the terms and condi ions of the Act, this Declaration, the Code of Regulations aid the Rules and Regulations, and, specifically but withou limitation, that the mortgagee shall have no right (a) o participate in the adjustment of losses with insurers o in the decision as to whether or not or how to repair o restore damage to or destruction of the Property, (b) t receive or apply the proceeds of insurance to the reduc ion of the mortgage debt or otherwise, except in the event nd to the extent of a distribution thereof to Unit Owners ur- suant to Section 802 of the Act or of insurance proceed being received in excess of the cost of repair or resto a- tion or (c) to accelerate the mortgage debt or to have ny other remedies by virtue of waste or alleged waste or o her conditions occurring anywhere on the Property other tha within the affectgd unit, and the obligation secured sh 11 be prepayable, without penalty, upon the happening of a y termination as aforesaid. (b) No Unit Owner or prospective purchaser of a unit shall deliver any mortgage, or any obligation to be secured there- by, unless it has first notified the Council of the name and address of the proposed mortgagee and of the amount of the debt proposed to be so secured. When a Permitted Mort- gage is delivered to the mortgagee, the Unit Owner shat simultaneously provide executed or conformed copies to e Council. The Secretary shall maintain a register of Pe - mitted Mortgages, showing the name and address of the m rt- gagee and the amount secured thereby. The holders of P r- mitted Mortgages, including holders of Permitted Mortgages referred to in Article XVIII (c) hereof, shall be entit ed on written request to receive from Council a written statement of any delinquent assessments and of any othe defaults by the Unit Owner, copies of any notices of de fault sent to the Unit Owner and copies of budgets and financial reports sent to the Unit Owner. Permitted Mo t- gagees shall be permitted to examine the books of accou t of Council during regular business hours at Council's O fice. Page 19 ARTICLE XVIII. MORTGAGES CONT. (c) The Property upon which future units are to be con- structed and an appropriate undivided percentage of the Common Elements will be subject to the first lien of a con- struction mortgage with a Mortgage Company as mortgagee, and all of the Property is presently subject to a mortgage in favor of Cambria Savings and Loan Association, and for all purposes hereunder, such mortgages and any modificati ns thereof that may be required from time to time by the hot er thereof, shall be deemed a Permitted Mortgage against the unit or units not released from the lien of such mortgage. (d) For purposes of this Declaration, the Declarant shal be deemed to include, in addition to the owner or owners submitting the Property to the Unit Property Act, the in- stitutional lender providing the mortgage financing for t units, in the event such lender shall acquire title to an of the units owned by Declarant pursuant to deed in lieu of foreclosure or any judicial sale under such mortgage c the accompanying obligation. ARTICLE XIX. PROVISIONS PERTAINING TO DECLARANT Notwithstanding any other provisions herein or in the Code of Regu a tions for so long as Declarant continues to own any of the units, the following provisions shall be deemed to be in full force and e - fect, none of which shall be construed so as to relieve Declarant from any obligations of a Unit Owner to pay Assessments as to each unit owned by Declarant in accordance with the Condominium Documen s after the construction of the unit has been completed. (1) Declarant shall have the right at any time to sell, trans- fer, lease, re-let, subdivide or combine, any units which Declarant continues to own after this Declaration has been recorded, without regard to any restrictions relating to sale, transfer, lease, form of lease, subdivision or com bination of units contained herein or in the Code of Reg - lations, and without the consent or approval of the Coun it or any other Unit Owner being required. (2) Declarant does not make, and specifically disclaims any intent to have made, any warranty or representation in con- nection with any unit, the Common Elements, the Property or the Condominium Documents except as specifically set forth herein or in any agreement, of sale for a unit, and no person shall rely upon any warranty or representation not so specifically made therein. (3) No amendment may be made to the Condominium Documents wi h- oot the written consent of Declarant so long as Declaran retains the ownership of ten or more units. Page ZO ARTICLE XIX. PROVISIONS PERTAINING TO DECLARANT CONT. (4) The Declarant shall have the right to transact on the P operty any business necessary to consummate the sale of leasin of units, including, but not limited to, the right to main ain models, display signs, employees in the office and to use the Common Elements. (5) During the period of time in which the Building and uni s are under construction by the Declarant and not completed, no assessments for Common Expenses shall be made agains the Declarant as the owner of units which have not been com leted until the completion thereof, and certificates of occup ncy granted, and the Common Expenses shall be assessed agai s t the Unit Owners (including the Declarant) of those unit which shall have been completed in the proportions which thei re- spective percentage of undivided interest in the Common Elements bear to each other, inter se. (6) The Declarant hereby reserves unto itself the right to ake changes in the Declaration Plan, as filed, for future u its not constructed on the date of the Declaration Plan is filed, including the right to reduce the number of units to be constructed; provided, however, that in all events the future units will be substantially comparable to the units con tructed when this Declaration is filed. ARTICLE XX. INVALIDITY The invalidity of any provision of this Declaration shall not be eemed to impair or affect in any manner the validity, enforceability or ef- fect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full f rce and effect as if such invalid provision had never been included herein. ARTICLE XXI. WAIVER No provision contained in this Declaration shall be deemed to hav been abrogated or waived by reason of anv failure to enforce the ame, irrespective of the number of violations or breaches which may oc ur. ARTICLE XXII. GENDER The use of the masculine gender in this Declaration shall be deem d to refer to the feminine gender and the use of the sin ular h 11 a g s a e deemed to refer to the plural and vice versa, whenever the contex so requires. Page 21 ARTICLE XXIII. FIRST MEETING OF COUNCIL The names of the first members of the Council are: 1. Kenneth F. Barber 2. Harlin J. Wall 3. Lake WaII ARTICLE XXIV. REMOVAL (a) The Property may be removed from provisions of the Unit Property Act by a revocation executed by all of the Unit Owners and by the holders of all mortgages, judgments or other liens affecting the units, duly recorded in accord- ance with the provisions of the Unit Property Act, in ad i- tion to the removal provisions elsewhere herein set fort or provided by law. (b) When the Property subject to the provisions of the Unit Property Act has been removed as provided in (a) of this Article, the former Unit Owners shall, at the time that such removal becomes effective, become tenants in common of the Property. The undivided interest in the Property owned in common which shall appertain to each Unit Owner at th time of removal shall be the percentage of undivided int rest previously owned by such person the Common Elements. IN WITNESS WHEREOF, the undersigned has hereunto caused is signature and seal to be affixed hereto this %71 day of , 1979. ATTEST: WINTERSET ONE ASSOCIATES By i General Partner, Leis e L4e,N Ir\ Secretary 'c P es ident (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF I hereby certify that on this 6 day of 1979, before me, the undersigned officer, personally appeared n, who acknowledged himself to be the vice President of Leisure Life, Inc., a Pennsylvania corporation, the General Partner of Winterset One Associates, and who as such Vice President, being authorized to do so, executed the foregoing inst u- ment for the purposes therein contained as the act and deed of Winterset One Associates. IN WITNESS WHEREOF, I hereto set my hand and official soal. JACQUELINE J. BOWSER, NOTARY PUBLIC „ STATE COLLEGE BORO. CENTRE COUNTY MY COMMISSION EXPIRES OCT. 3, 1983 *rPju b 1 i c Member, Penuyivania Association of Notaries My Commission Expires: JACQUELINE J. NOTARY PUBLIC (SEAL) STATE COLLEGE EGRO, CENTRE COUNTY h1Y COMMISSION EXPIRES GCT. 3. 1983 Member, Pennsylvania rlasoraafi:n of Notaries JOINDER OF MORTGAGEE Cambria Savings and Loan Association of Johnstown, Cambr County, Pennsylvania, mortgagee of the property made subject to th Sunguild Condominium, join in the foregoing instrument for the pur pose of evidencing its consent to and rendering its interest as mo gagee subject to and governed by the provisions thereof. CAMBRIA S VINGS AND LOAN ASSOCIATIC By:i .?'Vi,de) President i COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CAMBRIA } La t- T? / / On this, the f _ day of ,fC)UZ,07C,{-L.LJ , 1979, befo e me, a notary public, the undersigned officer, personally appeared /e /GC.111-4 ? , who acknowledged himself to be Vice President of CAMBRIA SAVINGS AND LOAN ASSOCIATION, a Pennsylvania savings and loan association, and that he, as such Vice President, being authorized to do so, executed the foregoing instrument for Ithe purposes therein contained by signing the name of the association by himself as Vice President. IN WITNESS WHEREOF, I have hereunto set my hand and of#icial seal. NotaIrv P C My Commission Expires: VAP.EN L. MARTIN, Notary Public ( SEAL ) J:hntit:::n. C:r,tria Co. Pa. MV Ccn;n::ssicn Expires June 21, 1982 SCHEDULE "A" TO THE SUNGUILD CONDOMINIUM DECLARATION ALL THAT CERTAIN tract or piece of ground situated in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone monument at the easterly intersection of land of R. A. Ortenzio with lands of Wilson Land Company; thence South Fifty-two degrees Thirty-six minutes Thirty seconds West (S 520 36' 30" W) along lands of Wilson Land Company a distance of 691.35 fee to a concrete monument; thence North Thirty-seven degrees Twenty- three minutes Thirty seconds West (N 37° 23' 30" W), a distance of 164.88 feet to a point; in a northwesterly direction along Nanroc Drive (proposed 50 feet wide street) by a curve to the left having a radius of 160 feet, an arc distance of 138.85 feet to a concrete monument; thence North Eighty-seven degrees Six minutes Fifty seco ds West (N 87° 06' 50" W), along same, a distance of 143.18 feet to a point; thence along same by a curve to the right having a radius o 125 feet, an arc distance of 108.48 feet to a concrete monument; North Thirty-seven degrees Twenty-three minutes Thirty seconds Wes (N 37° 23' 30" W), along same, a distance of 195.11 feet to a poin ; thence by a curve to the right having a radius of 20 feet, an arc distance of 31.41 feet to a concrete monument on the southerly rig t-. of-way line of Geneva Drive (50 feet wide); thence North Fifty-two degrees Thirty-six minutes Thirty seconds East (N 52° 36' 30" E), along same, a distance of 190 feet to a concrete monument; thence North Fifty-two degrees Thirty-six minutes Thirty seconds East (N ? 20 36' 30" E), a distance of 565.41 feet to a point; thence along the southerly right-of-way line of Geneva Drive by a curve to the left having a radius of 225 feet, an arc distance of 121.25 feet to a point; thence along same by a curve to the right having a radius o '- 175 feet, an arc distance of 94.31 feet to a point; thence North F f ty- two degrees Thirty-six minutes Thirty seconds East (N 520 36' 30" ), along same, a distance of 5.83 feet to a point; thence North Fifty- two degrees Thirty-six minutes Thirty seconds East (N 52° 36' 30" E), a distance of 54.01 feet to a point; thence continuing on a curve to the right having a radius of 20.00 feet, an arc length of 35.74 fe et and chord of 31.17 feet to a point; thence along the western bounda ry of Lancaster Boulevard South Twenty-five degrees East (S 250 E), a distance of 215.33 feet to a concrete monument; thence South Twent - five degrees East (S 250 E), a distance of 524.28 feet to the poin t and place of BEGINNING. CONTAINING 14.13 acres, more or less. BEING in part, the same premises which R. A. Ortenzio and Nancy M. Ortenzio, his wife, by their deed dated March 12, 1975, recorded i the Cumberland County Recorder of Deeds Office in Deed Book Z, volume 25, Page 61, unto :ainterset One Associates; and in part the premises which R. A. Ortenzio and Nancy M. Ortenzio, his wife, by their deed dated January 31, 1978, recorded in the aforesaid offic in Deed Book R, Volume 27, Page 32, granted and conveyed unto Winter- set One Associates; and in part the premises which KOG, a general partnership, by its deed dated May 27, 1975, recorded in the aforesaid office in Deed Book C, Volume 26, Page 39, granted and conveyed unto Winterset One Associates. SCHEDULE "B" TO THE SUNGUILD CONDOMINIUM DECLARATION UNIT T 1071 - 1 1071 - 2 1071 - 3 1071 - 4- 1071 - 5 1071 - 6 1071 - 7 1071 - 8 1071 - 9 1071 - 10 1071 - 11 1071 - 12 1071 - 13 1071 - 14 1071 - 15 1071 - 16 1072 - 1 1072 - 2 1072 - 3 1072 - 4 1072 - 5 1072 - 6 1072 - 7 1072 - 8 1072 - 9 1072 - 10 1072 - 11 1072 - 12 1072 - 13 1072 - 14 1072 - 15 1072 - 16 1073 - 1 1073 - 2 1073 - 3 1073 - 4 1073 - 5 1073 - 6 1073 - 7 1073 - 8 1073 - 9 1073 - 10 1073 - 11 1073 - 12 1073 - 13 1073 - 14 1073 - 15 1073 - 16 % COM6I INTERS 1.2104 1.5414 1.4416 .9412 .9412 1.4416 1.5414 .9412 .9412 1.5414 1.4416 .9412 .9412 1.4416 1.5414 1.2104 1.2104 1.5414 1.441f . 941, . 941; 1.441( 1.5414 .941: .941: 1.541, 1.441+ . 941: . 941: 1.441{ 1.541, 1.210 .941 1.541 1.441 .941 .941 1.441 1.541 1.210 1.210 1.541 1.441 .941 .941 1.441 1.541 .941 Page 1 UNIT n 1074 - 1 1074 - 2 1074 - 3 1074 - 4 1074 - 5 1074 - 6 1074 - 7 1074 - 8 1074 - 9 1074 - 10 1074 - 11 1074 - 12 1074 - 13 1074 - 14 1074 - 15 1074 - 16 1075 - 1 1075 - 2 1075 - 3 1075 - 4 1075 - 5 1075 - 6 1075 - 7 1075 - 8 1075 - 9 1075 - 10 1075 - 11 1075 - 12 1075 - 13 1075 - 14 1075 - 15 1075 - 16 1.2104 1.5414 1.4416 .9412 .9412 1.4416 1.5414 .9412 .9412 1.5414 1.4416 .9412 .9412 1.4416 1.5414 1.2104 1.2104 1.5414 1.4416 .9412 .9412 1.4416 1.5414 .9412 .9412 1.5414 1.4416 .9412 .9412 1.4416 1.5414 1.2104 Page 2 I I SUNGUILD CONDOMINIUMS CODE OF REGULATIONS SECTION I. APPLICABLE STATUTE This Code of Regulations is adopted for Sunguild Condominium pur- suant to the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. 196). SECTION II. DEFINITIONS Unless the context hereof otherwise clearly indicates, all terms used herein shall have the same meaning as those terms defined in the Unit Property Act or in the Declaration of Condominium for Sur - guild Condominium. SECTION III. NAME, ADDRESS AND PLACE OF RECORDING 1. The Condominium Property shall be )mown by the name of Sunguild Condominium. 2. The registered office of Sunguild Condominium shall be located at unit #5, 1071 Lancaster Boulevard, Upper All n Township, Mechanicsburg, Pennsylvania 17055. 3. The Declaration and Declaration Plan of Sunguild Condo- minium are filed for record at the office of the Record er of Deeds of Cumberland County, Pennsylvania. SECTION IV. COUNCIL Number and Qualifications. The affairs of Sunguild Con do- minium shat be governed by a Council. Until (a) eight y (80) Units have been sold by the Sponsor, have been pai d for and title closed, or (b) until two (2) years after the date of the recording of the Declaration, whichever sha ll first occur and thereafter until their successors shat have been elected as provided herein, the Council shall consist of three (3) persons designated by the Sponsor, none of whom need be residents of Sunguild Condominium. The re- after, until all remaining units shown on the Declarati on Plan, as the same may be amended from time to time, hav e been sold by the Sponsor, have been paid for and title closed, or until seven (7) years after the date of rec ording of the Declaration, whichever shall first occur, the C ouncil shall consist of five (5) persons, three of whom shall be designated by the sponsor and two of whom shall be uni i owners and residents of the units at the time of elect on. Page 2 SECTION IV. COUNCIL CONT. 2. Powers and Duties. The Council shall have the powers aid duties necessary for the administration of the affairs of the Condominium and may do all such acts or things a cept as by law, the Declaration or this Code of Regulations are required to be performed by the Unit Owners. Such powers and duties of the Council shall include, but shall not e limited to the following: (a) To provide for the acquisition, construction, manage- ment, operation, care, upkeep, maintenance, improvement, renovation and replacement of the Common Elements and Lim- ited Common Elements, except to the extent specifically imposed upon the individual Unit Owners. (b) Determination and payment of the Common Expenses of the Condominium. The Council shall have the right make a final determination of any claim or dispute by Unit Owner as to whether any charge or expense applies against the Unit owner rather than the Common Elements and such determination shall be final, conclusive and binding. (c) Establishment, maintenance and collection of and disbursement from Assessments and Common Charges received from the Unit Owners, including without limitation, amounts for working capital to meet operating expenses, a general operating reserve, a reserve fund for capital improvements, replacements, and such special assessments as may become necessary to make up any deficit in the Common Charges or Assessments for any prior year. Council may designate an agent for the purpose of collecting Common Charges and Assessments and for the purpose of making disbursements therefrom on behalf of the Council. (d) Employment and dismissal of personnel necessary f the maintenance and operation of the Common Elements a facilities. (e) Adoption and amendment of rules and regulations g v- erning the operation and use of the Property, subject to the right of a majority in interest of the Unit Owners to amend, alter or repeal such rules and regulations. So long as Sponsor owns any Units, rules and regulations shall also require approval of the Sponsor. The Council shall further have, in addition to its other remedies, the right to levy fines for violations of these restrictions and its regulations, provided that the fine for a single violation may not, under any circumstances, exceed $50. For each day a violation continues after notice, it shall be co - sidered a separate violation. Any fine levied is to b Page 3 SECTION IV. COUNCIL CONT. 2.(e)(cont.)considered as an assessment and levied against the pa-ti- cular Unit Owner involved. Collection may be enforced y the Council in the same manner as the council is entitl d to enforce collection of Common Charges or Assessments. (f) Opening of bank accounts on behalf of the Condomin' um and designating the signatories required therefor. (g) Purchasing or leasing or otherwise acquiring in the name of the Council or its designees, corporate or other- wise, on behalf of all Unit Owners, Units offered for sale or lease or surrendered by their Owners to the Council, and purchasing one Unit for the use of a resident superinten- dent or manager and his family, and his family, and ar ang- ing for a mortgage thereon. (h) Leasing recreational facilities, subject to zonin ordinances and any other governmental regulations upon terms and conditions as the Council may establish. (i) Purchasing of Units at foreclosure or other judicial sales in the name of the Council or its designee, corp rate or otherwise, on behalf of all Unit Owners, and accomplish- ing any and all actions necessary or incidental theret . (j) Selling, leasing, mortgaging (but not voting the votes appurtenant thereto) or otherwise dealing with the Units acquired by, and sub-leasing Units leased by, the Council, or its designee on behalf of all Unit Owners. (k) Making of repairs, additions and improvements to or alteration or restoration of the Condominium Property in accordance with the provisions of the Declaration and his Code of Regulations including those necessitated by damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings. (1) The Council shall have the power to enforce obligations of the Unit Owners, to allocate profits and expenses, and to do anything and everything else necessary and proper for the sound management of the Condominium, including the right to bring law suits to enforce the rules and regulation promulgated by the Council. The Council shall have the power to levy fines against the Unit owners for violations of reasonable rules and regulations established to govern the conduct of the Unit Owners. No fine may be levied for more than $50 for any one violation; but for each day violation continues after notice it shall be considered a separate violation. Collection of the fines may be enforced against a Unit Owner as if the fine were a Common Charge or Assessment owed by a Unit Owner, and shall be a lien against the Unit. Page 4 SECTION IV. COUNCIL CONT. 2.(cont.} (m) The Council may employ a managing agent and/or m nager for the Condominium at a compensation to be establish Ed by the Council, to perform such duties and services as t le Council shall authorize, including but not limited to the duties granted to the Council as set forth above. Th Coun- cil may also employ any other employees or independent contractors to perform duties and services necessary to the operation and maintenance of the Condominium and com- mon area. The Council may also share management, com on expenses, facilities and equipment personnel, and any other services with other condominiums. (n) The Council shall establish rules and regulation for the use of the parking spaces and shall devise a syst m for allocating said parking spaces providing that the e shall be at least two parking spaces for each Unit. (o) The Council shall have the power to obtain and m in- tain insurance relating to the Condominium Property. (p) The Council shall have the power and authority t take any and all acts and to do any and all things as are necessary or incidental to the implementation, enforce- ment or furtherance of the terms and provisions of the Unit Property Act, the Declaration and this Code of R gu- lations, or as may otherwise be granted to and accept d by the Council from one or more Unit Owners. (q) No part of the Common Profits, if any, shall inu e to the benefit of any Unit Owner other than by way of ac uir- ing, constructing or providing management, maintenanc and care of the Common Elements. 3. Election and Term of Office. The first meeting of th Unit owners shall be held on call by the Council no more t tan (a) 60 days after 80 units have been sold, paid for and title closed, or (b) no later than two years after t le date of the recording in the Declaration, whichever stall first occur. Said meeting shall be considered to be he first annual meeting of the Unit Owners. At the firs an- nual meeting, two members of the Council shall be elected by the Unit Owners from among the Unit Owners, unless all units shown on the Declaration Plan have been sold as pro- vided in Section IV (1) herein. One member shall be Elect- ed for a one year term and one member shall be electe for a two year term. Thereafter, at each subsequent annual meeting of the Unit Owners, one, two or three members, as the case may be, shall be elected for a two year term. The elected members of the Council shall hold office until their respective successors have been elected by the nit owners as provided herein. The Council appointed by he Sponsor shall act alone until the election has been c dm- Page 5 SECTION IV. COUNCIL CONT. 3.(cont.} pleted at said first meeting, and thereafter the members of Council appointed by the Sponsor shall continue to act until the occurrence of the events provided in Section I% (1) hereof. At any election of the Council, each Unit Owner, including the Sponsor to the extent that the Spon- sor is still a Unit Owner, shall have the right to vote in accordance with the provisions of Section V (9) of thi Code of Regulations for each position to be filled. If at any election of Council members more than twice the number of condidates to be elected are nominated, there shall be two ballots for membership. At the end of the first ballot, the field of nominees shall be reduced so i there are no more than twice as many candidates running there are positions to be filled, with those receiving tl lowest number of votes being eliminated. A second ballo shall be held, and on the second ballot, those receiving the greatest number of votes will be elected. If there are not more than twice the number of nominees as there are positions to be filled, then there shall be one bal- lot with those receiving the highest number of votes bei elected to membership on the Council. If the candidates being elected for varying periods of years, the candidat polling the highest votes will be considered elected for the longest number of years. After the first annual mee ing of the Unit Owners, succeeding annual meetings shall be held during the same month of each succeeding year. At each annual meeting, members of the Council shall be elected by ballot of the Unit Owners in accordance with Code of Regulations. At such time as the Sponsor no lon owns any Units, the members of the Council appointed by Sponsor shall vacate the Council and the place vacated t Sponsor's representatives shall be filled by the remaini members of the Council as herein provided for the unexpi portion of the term. Notwithstanding any other provisic hereof, the Sponsor may, from time to time, replace any of the members of Council which it has appointed. s s e at are s his er he the ed 4. Removal of Members of the Council. At any duly held re u- lar or special meeting of the Unit owners, any one or more members of the Council may be removed, with or without cause, by a majority of the Unit Owners present and voting, and a successor may then and there or thereafter be elected to fill the vacancy thus created. Any member of the Coun- cil whose removal has been proposed by the Unit Owners hall be given an opportunity to be heard at the meeting. This provision shall not apply to Council members appointed by the Sponsor under Section IV, Paragraph 3, nor to any o the three original Council members appointed by the Sponsor 5. Vacancies. Vacancies in the Council caused by any yeas n shallfilled by a vote of a majority of the remainin members of the Council at a special meeting of the Coun it Page 6 SECTION IV. COUNCIL CONT. 5.(cont.) held for that purpose promptly after the occurrence of any such vacancy, even though the members present at su h meeting may constitute less than a quorum. Each person so elected shall be a member of the Council for the rem ainder of the term of the member whose term he is filling and until his successor is elected. Vacancies must be filled wit hin thirty (30) days. In the event of a deadlock by the Co un- cil in filling any such vacancy, Council may call a spe cial meeting of the Unit Holders, upon at least seven (7) da ys written notice, at which, regardless of whether a quoru m is present, such vacancy shall be filled. 6. Compensation. No member of the Council shall receive a ny compensation for acting as a Council member. However, Council members shall be reimbursed for out-of-pocket E x- penses and may be compensated for services rendered to or for the Condominium in any other capacity, and shall b indemnified as provided in the Declaration. 7. Meeting of the Council. The first meeting of the Counc il following the first annual meeting of the Unit Owners hall be held within ten (10) days thereafter at such time a r d place as shall be fixed by the Council immediately foll ow- ing such annual meeting and no notice shall be necessa y. Regular meetings of the Council, before or after the fi rst annual meeting of the Unit Owners, may be held at such time and place as shall be determined from time to time by majority of the members of the Council, but at least tw o meetings shall be held each year. Notice of regular me et- ings of the Council shall be given to each Council memb er by mail or telegram at least five days prior to the dat e of the meeting. Special meetings of the Council shall be called by the President or the Secretary in like manner and on like notice promptly following the written request of at least three members of the Council. Any member of he Council may, at any time, waive notice of any meeting of the Council in writing and such waiver shall be deemed equ va- lent to the giving of notice. Actual attendance by me mbers of the Council at any meeting of the Council shall con ti- tute his waiver of notice of the meeting. All meeting of the Council shall be open to the attendance by the nit Owners. 8. Quorum of the Council. At all meetings of the Council a majority of the members thereof shall constitute a quo rum for the transaction of business and the vote of a majo rity of the members of the Council present and voting at a meet- ing at which a quorum is present shall constitute a va lid decision. If at any meeting of the Council there shal l be less than a quorum present, the majority of those Ares nt Page 7 SECTION IV. CONT. COUNCIL 8.(cont.) may adjourn the meeting to a new date. At any such ad- journed meeting at which a quorum is present, any busi- ness which may have been transacted at the original mee - ing may be transacted without further notice. 9. Action by Council Without a Meeting. Any action which may be authorized or taken at a meeting of the Council, may be authorized or taken without a meeting with the affirmative vote or approval of, and in a writing or wi_ ings signed by, all the Council members, which writing writings shall be filed with or entered upon the record the Council. 10. Election of Officers. At each annual organization meet of the Council following its election, the Council shal elect a President, one or more Vice Presidents, a Secre and a Treasurer of the Condominium. All officers and n bers of the Council, having the responsibility for hand funds of the Condominium, are to be bonded. The Presic who shall be elected from the Council members, shall be chief executive officer of the Condominium and shall pi side at all meetings of the Unit Owners and the Council and shall have general powers and duties which are inc! to the office of a president of a non-profit corporatic including, but not limited to, the power to appoint suc committees from among the Unit Owners from time to time he may in his discretion decide are appropriate to ass: in the management of the affairs of the Condominium. I other officers need not be members of the council nor r they be Unit Owners. The Vice President shall take th( place of the president or perform his duties whenever i President shall be absent or unable to act. The Secret shall keep the minutes of all meetings of the Unit Own( and the Council, and shall have charge of the books anc cords of the Condominium and the Council. He shall, it eral, perform all of the duties incident to the office secretary of a non-profit corporation. The Treasurer ; have the responsibility for the Condominium funds and : ties and shall be responsible for the keeping of full accurate records and books of account. The treasurer, any other officers or employees who handle Condominium at the expense of the Condominium, shall furnish such or other bonds as may be required by the Council. All ments, contracts, leases, deeds, checks and other inst; ments of the Condominium shall be executed by the Pres: or the Vice President and the Secretary or the Treasure or by such other person or persons as may be designate it- ?r a of ing 1 tary em- ling ent, the e- r dent n, h as st 11 -- eed ne ary rs re- gen- of a hall ecuri- and funds, idelity agree- u- dent r by Page 8 SECTION IV. COUNCIL CONT. 10.(cont.)the Council. Upon the affirmative vote of a majority of the members of the Council, any officer may be remov d either with or without cause and his successor may be elected and vacancies in any office may be filled at an regular meeting of the Council called for such purpose. Nothing herein contained shall prohibit a Council membe from becoming an officer. 11. Compensation of Officers. The President and Vice President shall not receive any compensation for their services, x- cept reimbursement of out-of-pocket expenses but may be com- pensated for services rendered in any other capacity. he Secretary and Treasurer may be compensated for their ser- vices if the Council determines that such compensation s appropriate. SECTION V. MEETING OF THE UNIT OWNERS 1. Annual Meeting. Annual Meetings of the Unit Owners sha l be held as provided in Section IV, Paragraph 3 above. 2. Special Meetings. It shall be the duty of the Presiden to ca a special meeting of the Unit owners, if so dir cted by a resolution of the Council or upon petition signed and presented to the Secretary of not less than 33-1/3% in he aggregate of all Unit Owners, or as provided in Section IV (3). The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting excep as stated in the notice. 3. Place of Meeting. The meeting of the Unit Owners shall be held at the principal office of the Condominium or at s ch other suitable place convenient to the Unit Owners as may be designated by the Council. 4. Notice of Meetings. The Secretary shall mail a notice or each annual or special meeting of the Unit Owners at least seven (7) but not more than twenty (20) days prior to such meeting, stating the purpose thereof, as well as the time and place where it is to be held. Said notice shall be mailed to each Unit Owner of record by regular mail, postage pre-paid, at the unit address or at such other address as such Unit Owners shall have designated by notice in writing to the Secretary. The mailing of notice of meeting in the manner herein provided shall be considered service of notice. 5. Voting Lists. A complete register of the Unit Owners, the proportionate interest of each Unit owner and the last known Page 9 SECTION V. CONT. MEETING OF THE UNIT OWNERS 5.(cont.) address of each Unit Owner shall be available for inspec- tion by any Unit Owner at the office of the Manager, or in default of such an office, at an office or unit conven- ient to the Unit Owners, for a period of two (2) days prio to any meeting. 6. Proxies. Every Unit Owner entitled to vote at a meeting of Unit Owners may authorize another person or persons to act for him by proxy. Every proxy shall be executed in writinc by the Unit Owner, or by his duly authorized attorney in fact, and filed with the Secretary of the Condominium. A proxy, unless coupled with an interest, shall be revocable at will, notwithstanding any other agreement or any pro- vision in the proxy to the contrary, but the revocation of a proxy shall not be effective until notice thereof has been given to the Secretary of, the Condominium. No unrevol proxy shall be valid after eleven (11) months from the dat of its execution, unless a longer time is expressly provide therein, but in no event shall a proxy, unless coupled wit] an interest, be voted on after three (3) years from the da of its execution. A proxy shall not be revoked by the dea- or incapacity of the maker unless before the vote is count, or the authority is exercised, written notice of such deat] or incapacity is given to the Secretary of the Condominium Unit owner shall not sell his vote or execute a proxy to any person for any sum of money or anything of value. A p- in favor of a creditor of a Unit Owner and such a proxy sh be valid so long as the debt owed by him to the creditor r, mains unpaid. ed e A oxy 11 7. Quorum. Except as otherwise provided herein, the presence in person or by proxy of Unit Owners having one-third of the total authorized votes of all Unit owners shall constitute a quorum at all meetings of the Unit Owners. If at any meet- ing of the Unit Owners there is not a quorum present, a majority interest of the Unit Owners who are present at such a meeting, or the Sponsor, either in person or by proxy, may adjourn the meeting to a time not less than 48 hours from the date the original meeting was called. At such adjourned meeting a quorum as defined herein shall not be required t conduct the business of the Unit Owners. Should no Unit owner be present at such adjourned meeting, the Sponsor shall have the power to conduct business with the full force and effect of business conducted at a regular meeting and de- cisions made by the Sponsor at such meeting shall be binding upon all Unit Owners for all purposes. A vote of the majo i- ty of Unit Owners present at such adjourned meeting shall be binding upon all Unit Owners for all purposes. Page 10 SECTION V. MEETING OF THE UNIT OWNERS CONT. 6. Conduct of the Meetings. The order of business at the n- nual meeting of the Unit Owners or at any special meeti g shall be. (a) Calling of the roll and certifying the proxies. (b) Proof of notice of meeting or waiver of notice. (c) Reading and approval of any unapproved minutes. (d) Receiving reports of officers. (e) Receiving reports of committee, if any. (f) Election of inspector of election, if necessary. (g) Election of Council members, if necessary. (h) Old Business (i) New Business (j) Adjournment At all meetings of the Unit Owners or of the Council, Robert's Rules of Order (revised) shall be followed. 9. Voting. With respect to the affairs of the Condominium including the election of Council members, the Owner(s) (collectively) of each unit shall have the number of votes equal to such Owners' percentage of ownership of the Common Elements as set forth in the Declaration, Schedule "B". How- ever, the Owner(s) of any unit may not split the votes 1- located to each unit but must cast them as one block on any particular vote and only one owner of any unit may cast the votes appurtenant thereto on any question. If a unit i held by a corporation, a duly authorized officer of such cor oration shall be entitled to exercise the appurtenant voting ri hts. If a unit is held in a fiduciary capacity, the fiduciar and not the beneficiary shall be entitled to exercise the a pur- tenant voting rights. 10. Ballots and Proxies. The ballot box shall not be opene nor any ballots tallied until all voting is complete. al- lots and proxies shall be retained for a period of thirty (30) days following each vote, and shall be available f )r in- spection by each Unit Owner or his duly authorized att ney. 11. Majority •of Votes. The affirmative vote of the owners of a majority in interest of the votes represented at a meeting at which a quorum shall be present shall be binding up n all Unit Owners for all purposes except if, in the Declara- tion, these Regulations, or by law, a higher percentage is required. SECTION VI. MAINTENANCE, REPAIR & ALTERATIONS OF PROPERTY 1, Damage to Other Units/Common Elements. All maintenanc Page 11 ,.ACTION VI. MAINTENANCE, REPAIR & ALTERATIONS OF PROPERTY CONT. 1.(cont.) of and repair to any units, structural or non-structural ordinary or extraordinary (other than maintenance of and repair to any Common Elements contained therein and not necessitated by the negligence, misuse or neglect of the owner of such unit) shall be made by the owner of such unit. Each Unit Owner shall be responsible for all damages to other units and/or to the Common Elements and Facilities resulting from or aggravated by his failure to repair. 2. Repair of Common Elements. All maintenance, repairs and re- placements to the 'Common Elements and Limited Common Ele- ments (except where such duty is specifically imposed upon a Unit Owner), whether located inside or outside of the units (unless necessitated by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged to such Unit Owner) shall be made by the Council and be charged to all Unit Owners as a Common Expense. The pay- ment of all vouchers is to be approved by either the Presi- dent or Treasurer. Maintenance by Unit Owners. (a) Except for the ma?.ntenance requirements herein imposed upon the Council, the owner of each Condominium unit shall, at the Owner's expense, maintain the interior of this Con- dominium unit and any and all equipment, appliances or fea- tures therein situated, and its appurtenances (including, without limitation, any air conditioning units or landscap- ing located on or in any balcony or patio appurtenant to such unit, any fireplace flue or flues serving the fireplace in such Owner's Unit) in good order and condition. The Owner of any Condominium unit shall, at his own expense, maintain, repair or replace any plumbing fixtures, fireplace and attached flues, heating and air conditioning equipment, lighting fixtures, electrical outlets and fixtures, refrig- erators, freezers, dishwashers, clothes washers, clothes dryers, disposals, ranges and/or other equipment, in connection with the individual unit (including those items located remotely from the individual unit such as, but not limited to, fireplace flues serving the unit but located in other units), provided, however, with respect to fireplace flues, that if the owner of a Unit being served by a fire- place flue does not make repairs (i) immediately upon being notified of an emergency or situation threatening im- mediate damage, or (ii) within thirty (30) days from written notice in cases not involving an emergency or threat of immediate damage, then the Owner of the Unit through which the.flue extends or the Council, upon re- quest by such Owner, may make such repairs, and the costs thereof, including attorneys fees and collection costs, shall be enforceable against the owner of the unit being served by the flue to the same extent and in the same mann r as an assessment made by the Council. Page 12 SECTION VI. MAINTENANCE, REPAIR AND ALTERATIONS OF PROPERTY CONT. 3.(cont.) (b) Each Unit Owner shall promptly furnish, perform an be responsible for, at his own expense, all of the maintenance, repairs and replacements within his own unit which, if omitted, would adversely affect the safety of the Condominium, provided however, such maintenance, repairs and replace ents as may be required to bring water, electricity, heating oil and gas to such unit shall be furnished by the Coun it as part of the Common Expense. (c) If, due to the negligent act or omission of or mis- use by a Unit Owner, a member of his family, household pet or of a guest, other occupant or visitor (whether authorized or unauthorized) of such Unit owner, damage hall be caused to the General or Limited Common Elements or o a unit or appurtenance owned by another, or if resultin therefrom, maintenance, repairs or replacements shall b re- quired which would otherwise be a Common Expense, then uch Unit owner shall pay for such damage and be liable for iny damages, liability, costs, or expenses, including attorney's fees, caused by or arising from such circumstances, and such maintenance, repairs and replacements to the Common Elements or the units shall be subject to this Code of Regulations and the rules and regulations adopted by the Council. (d) To the extent that equipment, facilities and fixtu es within any unit(s) shall be connected to similar equipm nt, facilities or fixtures affecting or serving other unit( ) or the Common Elements, then the use thereof by the ind vi- dual Unit Owners shall be subject to this Code of Regul - tions and the rules and regulations adopted by the Council. The authorized representatives of the Council, or the mana- ger or managing agent for the Council, shall be entitle to reasonable access to the individual unit(s) as may b re- quired in connection with maintenance, repair or replac - ment of or to the Common Elements or any equipment, fac li- ties or fixtures affecting or serving other unit(s) or uch Common Elements. 4. Exterior Changes. Unit Owners shall not have any right to locate signs upon, paint or otherwise decorate or change! the appearance of any portion of the exterior of the Build- ing in which a unit is located. The Unit Owner is respon- sible to promptly report to the Council any defect or need for repairs, the responsibility for which is that of the Council. SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES 1. Common Charges. (a Each Unit owner shall pay to the Council a monthly sum (here and elsewhere sometimes referred to as "Common Ch rges") equal to one-twelfth of the Unit Owner's proportionate bare J_ Page 13 SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES CONT. 1.(a)(cont.)of the sum required or established by the Council to the annual Common Expenses and, if imposed by the Coun to establish the operating and/or capital improvement placement reserves. eet 1, re- (b) The Council shall determine the amount of the Comm n Charges annually, but may do so at more frequent interv is should circumstances so require. (c) The Council shall make reasonable efforts to fix the amount of the Common Charges payable by each Unit owner for each assessment period at least thirty (30) days i ad- vance of such date or period and shall, at that time, re- pare a list of the Unit Owners and Common Charges applicable to the units which shall be kept in the office of the Coun- cil and shall be open to inspection by any Unit Owner pon reasonable notice to the Council. Written notice of t e Common Charges shall be sent to each Unit Owner. The mission of the Council before the expiration of any assessment per- iod shall not be deemed a waiver or modification of the pro- visions of this Section, or a release of any Unit Owne from the obligation to pay the Common Charges or any installment thereof for that or any subsequent assessment period. The Common Charges fixed for the preceding period shall co tinue in full force and effect until the new Common Charges are established. No Unit owner may gain exemption from liability for the Common Charges or any Special Assessments by a waiver of the use or enjoyment of any of the Common Elements or by abandonment of any Condominium unit. 2. Special Assessments. In addition to the Common Charge author- ized above, the Council may levy in any year a Special Assessment or Assessments, applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, improvement, unexpec ed re- pair or replacement of any capital improvement located on or in the Condominium Property, including the necessary fix- tures and personal property related thereto, or for su h other purposes as the Council may consider necessary o appro- priate. 3. Reserve for Re lacements. The Council may establish aid main- tain a reserve un or the repair, restoration or rep ace- ment of capital improvements by the allocation of paym nt monthly to such reserve fund of any portion of the Com on Charges or Special Assessments designated from time to time by the Council, which shall not exceed ten percent (10&) of the aggregate Common Charges or special Assessments in any year. Such reserve funds 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 o may, in the discretion of the Council be invested in obligations of, or obligations fully guaranteed as to principal by, the Page 14 SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES CONT. 3.(cont.) United States of America. The reserve for replacemen may be expended only for the purpose of effecting the repair, restoration or replacement of the Common Elements and Facilities together with fixtures or equipment associated therewith or for the contingencies of a non-recurring nature. The amounts allocated to the replacement reserve may be reduced, by appropriate resolutions of the Cou - cil, upon the accumulation in such replacement reserve of a sum equal to twenty percent (20%) of the full repla e- ment value of the Condominium Common Areas as such full replacement value is annually determined by the Council for casualty insurance purposes. The proportionate inter- est of any Unit Owner in any replacement reserve shall be considered an appurtenance of his Condominium unit and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Condominium unit to whi h it appertains and shall be deemed to be transferred witl such Condominium unit. 4. Non-Payment of Common Charges or Assessments. (a) Any Common Charges or Assessment levied pursuant to the Declaration or this Code of Regulations, or any in- stallment thereof, which is not paid on the date whe due shall be delinquent and shall, together with interest there- on and the cost of collection thereof, as hereinafter pro- vided, thereupon become a lien upon the Condominium nit belonging to the owner against whom such assessment is levied and shall bind such Condominium unit in the hands of the owner, his heirs, devisees, personal representatives, successors and assigns. The lien may be perfected a pro- vided by law. The personal liability and responsibility of the Unit Owner to pay such Common Charge or Assessme t shall, however, remain his personal legal obligation, and t e Council may maintain actions at law to recover sums ue, or for damages associated therewith, or in equity for i junc- tive or such other relief as is available. (b) Any Common Charges or Assessments levied pursua t to the Declaration or this Code of Regulations, or any installment thereof, which is not paid within ten (10) days afte it is due shall bear interest from the date due at a rate fixed by the Council not to exceed eight percent (8%) per annum but in no event more than the maximum permitted legs rate, and the Council may bring an action at law against the Unit Owner personally obligated to pay the same, and/or fore- close the lien against the Condominium unit then belonging to said Unit Owner, in either of which events interest, cost and reasonable attorney's fees of not less than twenty-five percent (25%) of the sum claimed shall be added to the amount of each Common Charge or Assessment. The Council shall not- ify the holder of any mortgage on any Condominium unit for which any Assessment levied pursuant to this Code of Regula- Page 15 SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES CONT. 4.(b)(cont.) tions becomes delinquent for a period in excess of thirty (30) days and in any other case where the Owner of such Condominium unit is in default with respect to the performance of any other obligation hereunder for a period in excess of thirty (30) days. So long as any owner is delinquent in the payment of any Commbn Charge or Special Assessment the owner and any member of his or her family or other persons using the unit shall be prohibited from using the Condominium recreational facilities. (c) If any Owner shall be in default in the payment of an installment of the Common Charges or Assessments, the Coun- cil may accelerate the remaining installments upon written notice to the Owner, and the then unpaid balance of the Com- mon Charges or Assessments for the current year shall come due upon the date stated in the notice, but not less than five (5) days after delivery of the notice to the Owner, or ten (10) days after the mailing of such notice to him b registered or certified mail, whichever shall first occur. 5. Excess of Common Charges or Assessments. In any year i which there is an excess of Assessments or Common Charges received over amounts actually used for the purposes des- cribed in this Code of Regulations and in the Declaration, such excess shall, as directed by the Council, either (a) be applied against and reduce the subsequent year's As ess- ment or Common Charges; (b) be placed in a specifically allocated reserve for replacement of capital assets; o (c) be refunded to the Unit Owners. If election is m Ede to refund excess Assessments or Common Charges, such r fund shall be divided among all the Unit Owners in proporti n to their respective undivided interest in the Common Elern nts. SECTION VIII. ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY THE COUi CIL Whenever, in the judgment of the Council, Common Areas shall regi additions, alterations or improvements costing in excess of $10, said alterations or improvements shall not be made unless they h been approved by the Owners at a meeting at which a quorum is pr When said approval has been obtained, all Unit Owners shall be a for the cost thereof as a Special Assessment. In the event any gency which could cause damage to any building(s) or part(s) the the Council may expend sums in excess of $10,000 to protect said ing(s) or part(s) and the judgment of the Council shall be final SECTION IX. ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY THE UNIT ire 00, ve sent. sessed !mer- ,eof , build- ER No Unit owner shall make any structural addition, structural par itign or wall change or structural alteration or improvement in or to is unit without prior written consent of the Council and, if requir d in Page 16 SECTION IX. ADDITIONS ALTERATIONS OR IMPROVEMENTS BY THE UNIT OWNER CONT. the mortgage documents, the mortgagee of said unit. The Council shall have the obligation to answer any written request by a Unit Owne for approval of a proposed structural addition, alteration or improv ment in such Unit Owner's unit within thirty (30) days after such req est, and failure to do so within the stipulated time shall constitute a con- sent by the Council to the proposed structural addition, alterat on or improvement. SECTION X. ELECTRICITY, GAS, WATER AND HEATING Electricity shall be supplied by the public utility company serv ng the area directly to each unit through a separate meter for each uni , and each Unit Owner shall be required to pay the bills for elect icity consumed or used by his unit and in the Limited. Common Elements erving his unit. Sewers are supplied by Upper Allen Township directly lo each unit and each Unit Owner shall be required to pay the bills for his unit. The electricity and sewers serving the general Common Elements and Facilities shall be metered and the Council shall pity all utility bills for electricity consumed therein or sewer service hereto as a Common Expense. The utility or other charges for water, ga, cabl TV, fuel oil and trash removal shall be paid by the Council as a Common Expense. SECTION XI. COMMON CHARGES PAYABLE BY THE SPONSOR Until the sale of the first unit in the Condominium, the Sponsor shall be solely responsible for all Common Charges. Following the first closing, each Unit Owner to whom title shall have been vested shall be responsible for his proportionate share of Common Charges and Assess- ments based on his percentage interest in the Condominium Common Ele- ments, and the Sponsor shall pay Common Charges and Assessments or un- sold units. Proration of the Common Charges shall be permitted if the parties to any agreement for the purchase and sale of a unit so gree. In the event the future units are not all constructed, and the Declara- tion is amended to decrease the proportionate share of each Unit Owner in the Common Elements, the change in proportion of each Unit Owner's interest in the Common Elements shall be effective immediately upon recording the amendment to the Declaration. SECTION XII. LIABILITY OF COUNCIL MEMBERS AND OFFICERS 1. Neither the Council Members nor the Condominium officers shall be liable to the Unit Owners for any mistake of udg- ment, negligence or otherwise, except for their own indi- vidual willful misconduct or bad faith. 2. The Unit Owners shall indemnify and hold harmless each of the members of the Council against all contractual liabili y to others arising from contracts made by the Council on b half of the Condominium unless any such contract shall have been Page 17 SECTION XII. LIABILITY OF COUNCIL MEMBERS AND OFFICERS CONT. 2.(cont.) made in bad faith or contrary to the provisions of the e- claration or of this Code of Regulations, and the membe s of the Council shall have no personal liability with re pect thereto. It is understood and permissible for the orig nal Council members, who are individuals appointed by the S onsor, to contract with the Sponsor and affiliated entities wi b- out being charged with self-dealing. The liability of ny Unit Owner arising from any contract made by the Counci shall be limited to such proportion of the total liability th re- under as his interest in the Common Elements bears to tie in- terests of all the Unit Owners in the Common Elements. Every agreement made by the Council, or by the managing agent or manager on behalf of the Council, shall provide that th mem- bers of the Council, the managing agent, or the manager, as the case may be, are acting only as agent for the Unit Owners and shall have no personal liability thereunder (except as Unit Owners), and that each Unit Owner's liability thereunder shall be limited to such proportion of the total liability thereunder as his interest in the Common Elements bears to the interest of all unit owners in the Common Elements. 3. Each Council member and officer of the Condominium, an each former Council member and officer of the Condominium, hall be indemnified by the Condominium Unit Owners against he costs and expenses reasonably incurred by him in connection with the defense of any pending or threatened action, suit or proceeding, criminal or civil, to which he is or ma be made a party by reason of his being or having been suc Council member or officer at the time of incurring suc costs and expenses), except with respect to matters as to which he shall be adjudged in such action, suit or proceedin to be liable for misconduct or bad faith in the performance f his duty as such Council member or officer. In case of th settlement of any action, suit or proceeding in which any Council member or officer of the Condominium, or any f rmer Council member or officer of the Condominium, is made party or which may be threatened to be brought against him b rea- son of his being or having been a Council member or officer of the Condominium, he shall be indemnified by the Uni Owners against the costs and expenses (including the cost of ettle- ment) reasonably incurred by him in connection with such action, suit or proceeding (whether or not he as a Cou cil member or officer did not misconduct himself or was no negli- gent in the performance of his duty as such Council me ber or officer with respect to the matters covered by such ac ion, suit or proceeding), and cost to the Condominium of in emni- fying such Council members or officers (and all other oun- cil members and officers, if any, entitled to indemnification hereunder in such case) if such action, suit or procee ing were carried to a final adjudication in their favor co ld Page 18 SECTION XII. CONT. LIABILITY OF COUNCIL MEMBERS AND OFFICERS 3.(cont.) reasonably be expected to exceed the amount of costs expenses to be reimbursed to such Council members an officers as a result of such settlement, or (b) dis ested Unit Owners entitled to exercise a majority of voting power shall, by vote at any annual or special of the Unit Owners, approve such settlement and the bursement to such Council member or officer of such and expenses. The phrase "disinterested members" sh all Unit Owners other than (i) any Council member or of the Condominium who at the time is or may be enti indemnification pursuant to the foregoing provisions any corporation or organization of which any such Co member or officer owns of record or beneficially ten (10%) or more of any class of voting securities, (ii firm of which such Council member or officer is a pa and (iv) any spouse, child, parent, brother or siste such Council member or officer. The foregoing right nification shall inure to the benefit of the heirs a representatives of each such Council member or offic shall not be exclusive of other rights to which any member or officer may be entitled as a matter of law the Declaration any vote of Unit Owners or any agree SECTION XIII. INSURANCE and nter- the meeting eim- osts 11 mean of f icer 1 ed to (ii) ncil percent ) any tner, of any of inder d legal r, and ouncil or und, ent. 1. Coverage. The Council shall obtain and maintain, on behalf of and or the benefit of the Unit Owners, insurance cov- erage as set forth in paragraphs 2 through 6 hereof. All insurance affecting the Property shall be governed b the provisions of this Section. 2. Physical Damage. All buildings and improvements (as defined in paragraph 3 hereof), and all of the personal property owned in common, shall be insured, for the benefit of the Council, the Unit Owners and mortgagees of units, against risks of physical damage as follows: (a) Amounts. As to real property, for an amount equal to its full insurable replacement cost; as to persona property, for an amount equal to its actual cash value. Prior to obtaining any insurance on real property under this section, and at least annually thereafter, the Coun- cil shall obtain an appraisal from a qualified appraiser, primarily engaged in preparing estimates of insurable value, acceptable to the insurance carrier or carrier writing the Council's policies for the purpose of det r- mining the replacement cost of such real property and actual cash value of personal property. Page 19 SECTION XIII. INSURANCE CONT. 2.(cont.) (b) Risks Insured Against. The insurance shall affo protection against loss or damage by reason of: (i) Fire and other hazards covered by standard form for extended coverage; (ii) Vandalism and malicious mischief; (iii) Such other risks of physical damage as from time to time may be customarily covered with respect to buildings and improvements simi- lar in construction, location, and use as those on the Property and; (iv) Such other risks of physical damage as the Council may from time to time deem appropriate. (c) Other Provisions. The insurance shall contain thi following provisions: (i) Waivers by the insurer of rights of subro- gation against the Council and the Unit Owners; (ii) That the insurance shall not be affected or diminished by reason of any other insurance carri, by any Unit Owner or mortgagee of a unit; (iii) That the insurance shall not be affected or diminished by any act or neglect of any unit Owner or any occupants or owners of any improve- ments when such act or neglect is not within the control of the Council; (iv) That the insurance shall not be affected or diminished by failure of any Unit Owner or any occupants or owners of any improvements to comply with any warranty or condition when such failure to comply is not within the control of the Counci (v) That the insurance may not be cancelled or substantially modified (except for the addition of property or increases in amount of coverage) with- out at least thirty (30) days prior written notice to the named insured, and to all mortgagees of Units; (vi) Provisions for indemnification of mortgage s of units and for the allocation of their several interest to specific units; Page 20 SECTION XIII. CONT. INSURANCE 2.(c)(cont.) (vii) The standard mortgagee clause, except that any loss otherwise payable to named mort- gagees shall be payable in the manner set forth in Subsection (c) of paragraph 11, hereof; (viii) Adjustment of loss shall be made with the Council as the exclusive authority for the insured; (ix) Proceeds for losses under $10,000 shall be paid to the Council and proceeds for losses over $10,000 shall be payable to the Trustee (see paragraph 11, below); (x) The named insured shall be the Council; (xi) All policies shall be written with a com- pany licensed to do business in the Commonwealth of Pennsylvania and holding a rate of "AAA" or better by Best's Insurance Reports, or by an equivalent rating bureau should Best's Insurance Reports cease to be issued; (xii) The insurance policies issued to the Coun cil on behalf of the Unit Owners and covering th Condominium Property cannot be cancelled, inval- idated or suspended on account of the conduct of any one or more Unit Owners and in no event can cancellation, invalidation or suspension for any reason be effected without at least ten (10) day prior written notice to each Unit Owner and all holders of any mortgages permitted hereunder; an (xiii) That all policies covering the Condominium Property cannot be cancelled, invalidated or sus pended on account of the conduct of any officer or employee of the Council or any owner without prior demand in writing that the Council or such Owner cure the defect and without providing a re - sonable period of time thereafter in which to cu e same. 3. Definition. When the insurance under paragraph 2 her of is to cover Buildings and Improvements", such insurance shall also cover: (a) All additions and extensions attached thereto; (b) All fixtures, machinery and equipment constituting a permanent part of and pertaining to the service of the Building; T Page 21 SECTION XIII. INSURANCE CONT. 3.(cont.) (c) Material and supplies intended for use in construc- tion, alteration or repair of the Buildings;, (d) Yard fixtures; (e) Personal property of the insured as owned in common by Unit Owners and used for the maintenance or service of the described buildings, including fire extinquishing ap- paratus, floor coverings, refrigerating, ventilating, cook- ing, dishwashing and laundering equipment, shades and out- door furniture (but not including other personal prop rty in the units furnished by the Unit Owners). 4. Casualty and Liabilit Insurance. To the extent avail able the Council shall obtain and maintain comprehensive ge , neral liability insurance in such limits as the Council may time to time determine insuri h i from , ng t e Council, the Off the Manager (at the discretion of the Council) and eac cers, h Unit Owner for claims arising out of or in connection with the ownership, operation or maintenance of any of the Prop erty, excluding however, Unit Owner liability coverage for c laims arising in connection with that portion of the Proper y used and occupied exclusively by a particular Unit Owner. Such comprehensive general liability insurance shall also over to the extent such insurance is available, cross liabi claims of one i d , lity nsure against the other. The Council shall review such limits once a year. 5. Directors and Officers Liability Insurance. To the ex tent available, the Council shall obtain and maintain a com pre- hensive general liability insurance policy in such lim th its as e Council may from time to time determine or in such limits as may be available, insuring the Council members, the Of- ficers, the Manager (at the discretion of the Council) claims arisin out of i , for g or n connection with the manage operation or maintenance of an of th P ment, y e roperty, such shall insure the Council members and officers against policy an mis- take of judgment, negligence or otherwise, except for y their own individual willful misconduct or bad faith. 6. Workmen's Compensation Insurance. The Council shall o btain and maintain Workmen's Compensation Insurance, if nece t ssary, o meet the requirements of the laws of the Commonweal th of Pennsylvania. 7. Other Insurance. The Council is authorized to obtain and maintain such other insurance or bonds as it shall det ermine from time to time to be desirable. Page 22 SECTION XIII. INSURANCE CONT. 8. Insurance b Unit Owners. Unit Owners shall not b pro- hibited from carrying insurance for their own benef it pro- vided that all such policies shall contain waivers of subrogation against all other parties insured by th e com- prehensive general liability insurance of Paragrap #4, and further provided that the liability of the carrier issuing the insurance obtained by the Council shall not be affect- ed or diminished by reason of any such additional insurance coverage by any Unit Owner. In no event, however, shall th insurance coverage obtained and maintained by the C ouncil hereunder be brought into contribution with insura ce pur- chased by individual Unit Owners or their mortgagee s. 9. Filin of Individual Policies. Each Unit Owner sh all file any individual policies of insurance (excluding po licies restricted to personal property) with the Council w ithin thirty (30) days after purchase thereof. The Coun cil shall maintain the file thereof. 10. Premiums. Premiums upon insurance policies purcha sed by the Council' shall be paid as a Common Expense. 11. Trustee. All insurance policies purchased by the ouncil shall be for the benefit of the Council, the unit wners an( their mortgagees, as their interests may appear, a id shall provide that all proceeds covering property losses under $10,000 shall be payable to the Council and all pr ceeds covering losses in excess of that amount shall be aid to a bank with trust powers, insured by an agency of he Unite( States, or to such other person or entity as is ac eptable to the Council, and the insurance carrier, which t ustee is herein referred to as the "Trustee". The Trustee hall not be liable for payment of premiums nor for the rene al or the sufficiency of the policies, nor for the failure t collect any insurance proceeds. The duty of the Trustee s all be to receive such proceeds as are paid and to hold t e same in trust for the purposes elsewhere stated herein, and for the benef it of the Council, the Unit Owners and th ; it mort- gagees in the following shares: (a) Common Elements. Proceeds on account of dama a to Common Elements an undivided share for each unit Owner, such share being the same as the percentage of undivided interest of such Unit Owner as set forth in the Declaration, (b) Units. Proceeds on account of damage to Unit shall be he d in the following undivided shares: (i) When a building is to be restored--for tle Owners of damaged units in proportion to the cost of repairint. Page 23 SECTION XIII. INSURANCE CONT. ll.(b)(i)(cont.) the damage suffered by each Unit Owner, whi h cost shall be determined by the Council. (Damage suffered by a Unit Owner shall not be deemed to i - clude damage to any items specifically excluded f o insurance coverage, pursuant to the provisions of paragraph 2 hereof). (ii) When a building is not to be restored--an i di- vidual share for each Unit owner, such share bein the same proportion as the Unit's percentage of owner hip of undivided interests as set forth in the Declaration, bears to the total percentage of ownership of the units not to be restored. (c) Mort ?agg__ees. In the event a mortgagee endorsement has been issuec,,with respect to a particular unit, the share of the Unit Owners shall be held in trust for the mort agee and the Unit owner as their interests may appear; provided, however, that no mortgagee shall have the right to det rmine or participate in the determination as to whether or n t any damaged property shall be reconstructed or repaired. 12. Distribution of Insurance Proceeds b Trustee. Proceeds of insurance policies received by the Trustee shall be distri- buted to or for the benefit of beneficial owners in the fol- lowing manner: (a) Expense of the Trust. All expenses of the Trust shall be first paid or provision made therefor. (b) Reconstruction or Repair. If the damage for whic the proceeds are paid is to be repaired or reconstruct remaining proceeds shall be paid to defray the cost th in accordance with the provisions of Section XIV below proceeds remaining after defraying such costs shall be tributed to the beneficial owners, remittance to Unit and their mortgagees being payable jointly to them. T provision shall be deemed a covenant for the benefit o mortgagee of a unit and may be enforced by such mortga, (c) Failure to Reconstruct or Repair. If it is deters in the manner provided in Section XIV that the damage which the proceeds are paid shall not be reconstructed repaired, the remaining proceeds shall be distributed beneficial owners, remittances to Unit Owners and thei mortgagees being payable jointly to them. This provis also be deemed a covenant for the benefit of any mortgi of a unit and may be enforced by such a mortgagee. d, the reof Any dis- wners is any ee. ined or or o the on shall ,gee Page 24 SECTION XIII. INSURANCE CONT. (d) Certificate. In making distribution to a Unit Owner and their mortgagees, the Trustees may rely upon a certi- ficate issued by the Council as to the names of the Unit Owners and their respective shares of the distribution, and with respect to the names of mortgagees, may rely upon a certificate from any attorney-at-law who has examined the title records and/or documents, as to the names of the holy] of mortgages of record. 13. Council as owner's Agent. The Council is hereby i revocabl appointed agent for each owner of a mortgage or of er lien upon a unit and for each owner of any other interest in the Condominium Property to adjust all claims arising under in- surance policies purchased by the Council, and to execute and deliver releases upon the payment of claims. SECTION XIV. REPAIR OR RECONSTRUCTION 1. Damage or Destruction. (a Repair. Except as otherwise provided by law or herein damage to or destruction of any of the buildings omprisinc the Property shall be promptly repaired and resto ed by Council using, to the extent available the proceeds of ire surance held by the Council or the Trustee for that purpost and to the extent of the availability of the proceeds of any insurance carried by the Unit Owners shall be liable f, assessment for any deficiency in such proceeds in proporti, to their respective undivided interests in the Common Elem, The Council shall be responsible for accomplishin the ful repair or reconstruction which shall be paid from the in surance proceeds and assessments as above provide fl. Unit Owners may apply the proceeds from their individual insura policies, if any to the share of such assessments The Cc cil shall be responsible for restoring the Proper :y only t substantially the same condition as it was immediately pri to the damage, and each Unit owner shall personal y assume the additional expense of -any improvements to his unit whi he desires to restore beyond such condition. If any chang are made in the basic construction of any restore unit or the Common Areas., or both, the Council shall record an amended Declaration Plan encompassing such changes pursuan to its power of attorney contained in Article XI of the Declaration. (b) Termination. Notwithstanding anything cont fined in this Section XIV to the contrary, if ( i. ) there is substantially total destruction of on, or more of the buildings comprising part oflthe Condc I Page 25 SECTION XIV. REPAIR OR RECONSTRUCTION CONT. 1.(b)(i)(cont.) minium Property, the existence of which condition shall be conclusively determined by a unanimous vot of the Council members rendered within thirty (30) ays after the damage, and by the concurrence of the ins rers thereof; or (ii) Unit Owners directly affected by damage to or destruction of one or more of such buildings and en- titled to cast seventy-five percent (75%) of the v tes of all said Unit owners directly affected thereby my resolve within sixty (60) days after final receipt of at least three (3) contractor's bids and the final insur- ance adjustment, not to proceed with repair and re tora- tion, then, and in those events only, the destroys portions of the Condominium Property shall be remo ed from the provisions of the Declaration and Act and the Condominium form of ownership of such portion of the Condominium Property shall be terminated upon the roper recording of a statement of termination not less t an thirty (30) days after the determination to terminate the Condominium form of ownership of such Property Upon the termination of the Condominium form of ownersh p, the salvage value of the Property shall be subject to partition at the suit of any Unit Owner, in which vent the net proceeds of sale, together with the net pr ceeds of insurance policies held by the Council or the T ustee, shall be considered as one fund and shall be divid d among all unit owners in proportion to their respe tive undivided ownership of the Common Areas, after dis- charging, out of the respective shares of Unit Owners, to the extent sufficient for the purpose, all mortgages and other liens against the units of such Unit Owners. 2. Right of First Refusal. Notwithstanding anything contained in Section XIV to the contrary, the Condominium form of ownership of destroyed Condominium Property will not b ter- minated, in spite of a decision by the Unit Owners directly affected by such damage or destruction to terminate the Condominium form of ownership pursuant to Section XIV (1) (b) hereof, if the remaining Unit Owners of the undamaged uilding or buildings, if any, comprising part, of the Condominium Property entitled to cast in excess of fifty percent (E0%) of the votes of all such remaining unit Owners, with t e consent of all the holders of mortgages permitted hereunder on their units, within thirty (30) days after the determina- tion is made to terminate the Condominium form of ownership pursuant to Section XIV (1) above (i) authorize and direct the Council, on behalf of the Unit Owners, to purchase all, but not less than all, of the units in the damaged bui ding or buildings and (ii) also offer in writing, through t e Page 26 SECTION XIV. REPAIR OR RECONSTRUCTION CONT. 2.(cont.) Council, to purchase the units of all remaining dissenti g Unit Owners who voted against purchasing such damaged units for a purchase price equal to the then current value of he damaged units and units of the dissenting Unit Owners, with the value of each such unit being conclusively deemed to be an amount of money equal to the sum of the most recent appraised value of the Condominium Property made pursuant to Section XIII hereof and the value of any improvements to the Property which were not reflected in such most recent appraised value multiplied by such unit's percentage interest in the Common Elements. If the Council does offer in writing to purchase the damaged units and the units of the disse ting Unit Owners pursuant hereto, the Unit Owners of the lama ed units and the dissenting Unit Owners shall be obligated o accept such offer and to cooperate in the consummation o the sale of their units as hereinafter provided. The pe sons who are remaining Unit Owners acting as a group shall hare the right, at the group's option, (to be exercised in the offer to purchase the damaged units and the units of dis ent- ing Unit Owners), of either, (i) requiring any or all of the Owners of damaged units and any or all of the dissenting Unit Owners to convey title to each unit purchased pursuant t this Section XIV (2) which is good and marketable and free of all liens and encumbrances except for such liens or em- cumbrances as may be in existence at the time of the grant of the original deed to such unit from the Sponsor to the first purchaser of such unit or (ii) if a unit is subjec to liens and encumbrances at the time of the closing for the pur- chase made pursuant to this Section XIV (2) taking title to any such unit under and subject to such liens or encumbr nces and deducting from the purchase price the sum necessary o dis- charge all such liens or encumbrances. If the remaining Unit Owners elect to have the Council purchase the damaged units, the Council shall be entitled to receive all net n- surance proceeds of the Council's insurance policies att i- butable to the damaged units, which proceeds shall be ap lied to pay the purchase price of the damaged units and the d s- troyed unit, and shall be deducted from the purchase pri e payable by the Council. If the net insurance proceeds a 7e insuf- ficient to pay the aggregate purchase prices of all dama led units, such deficiency shall be assessed against the remain- ing Unit Owners as a Common Expense. The expense of pur chasing the units of dissenting Unit Owners shall be assessed against the remaining Unit Owners as a Common Expense. he Council may borrow all or part of the funds necessary to effect any such purchase and may create a mortgage again ;t the unit(s) to secure such indebtedness. All closings p rsuant to this Section XIV shall be held not later than the lat r of (i) sixty (60) days following the Council's receipt o all insurance proceeds, or (ii) sixty (60) days after th remaining Unit Owners shall have voted not to terminate ?he Condominium form of ownership. Page 27 SECTION XIV. REPAIR OR RECONSTRUCTION CONT. 3. Unit Owners Directly Affected Thereby. For purposes o this Section XIV only, the term "Unit Owner directly affected thereby" shall mean all Unit Owners in the damaged build- ing or buildings comprising part of the Property. 4. Eminent Domain. A taking of, injury to, or destructio of part or al other Property by the power, or a power in the nature, of eminent domain or by the action or deed in ieu of condemnation, shall be considered to be includes] in the term "damage or destruction" for purposes of this Section XIV, and the proceeds of the eminent domain taking sha 1 be treated in the same manner as insurance proceeds. hen- ever all or part of the Common Elements shall be taken injured or destroyed by eminent domain, each unit Owne shall be entitled to notice thereof and to participate in th pro- ceedings incident thereto, but in any proceedings for he determination of damages, such damage shall be determi ed for such taking, injury or destruction as a whole and not or each Unit Owner's interest therein. SECTION XV. MISCELLANEOUS 1. Examination of Books. Each Unit Owner, together with is attorney and accountant if he so elects, shall, upon five (5) days prior written notice to the Council, be permitted to examine the books of account of the Council at a rea- sonable time on business days. 2. Financing Purchase of Units b Council. Acquisition o units by the council on behalf o a Unit Owners may be made from the working capital in the hands of the Council, or if such funds are insufficient, the Council may levy an assessment against each unit in proportion to the ap- purtenant ownership in the common areas, which assess ent shall be enforceable in the same manner as Common Charges, or the Council may in its descretion, borrow money to fin- ance the acquisition of such Unit(s) provided, however, that no financing may be secured by an encumbrance or hypotheca- tion of any property other than the unit itself toget er with the appurtenant interests thereto. Notwithstanding any rights of the Council under this paragraph or under a y other provision of these Regulations, the Council and/or the Condominium cannot at any time hold title to more tha ten percent (10%) of the total number of units in the Con ominium. 3. Annual Audit. The Council shall submit the books, records and memoranda to an annual audit by a disinterested certified public accountant who shall audit the same and render a report thereon in writing to the Council and in summary form Page 28 SECTION XV. CONT. MISCELLANEOUS 3.(cont.) to the members and such other persons, firms or corporations as may be entitled to same. An interim special audit of the books and records shall be prepared, at the Condominiu 's expense, at the time the Sponsor turns control of the Council over to the Unit Owners. 4. Notices. All notices hereunder to the Condominium shall be sent by registered or certified mail to the Council in care of the President of the Condominium with a copy to the manag- ing agent if there be a managing agent. All notices t any Unit Owner shall be sent by first class mail, postage re- paid, to the unit address, or to such other address as may have been designated by the Owner from time to time i writ- ing to the Council. All notices shall be deemed to have been given when mailed except notices of change of address which shall be deemed to have been given when received. 5. Invalidity. The invalidity of any part of the Code o Regu- lations shall not impair or affect in any manner the nforce- ability or effect of the balance of the Code of Regul tions. 6. Waiver. No restriction, condition, obligation or co contained in these Regulations shall be deemed to ha been abrogated or waived by reason of the failure to force the same irrespective of the number of violati breaches thereof which may occur. 7. Documents. Council shall, upon request of any Unit 0 and upon payment by such Unit Owner of the reasonable therefor, provide to the Unit Owner for delivery to p spective purchasers copies of the audited financial s ments of the Condominium for the preceding two (2) ye copies of the Declaration, Declaration Plan and Code Regulations, including any amendments thereto; and co of any engineering or architectural studies or examin performed within two (2) years preceding the request ing the building(s), Common Elements 'or any component 8. Leases. Notwithstanding any provision hereof to the contrary, a Unit Owner may not lease less than hi unit, and may not lease his unit for a period of less thirty (30) days, without the prior written approval Council, which approval may be withheld by Council in sole discretion. SECTION XVI. CONFLICTS These Regulations are intended to comply with the requirements Unit Property Act of the Commonwealth of Pennsylvania. In the nant n- s or ners, charges o- ate- rs ; )f ies tions ;oncern- thereof entire than }f its )f the :ase r Page 29 SECTION XVI. CONFLICTS CONT. of any conflict between these Regulations and the provisions of tie Unit Property Act, the Declaration or any other law, statute or r gu- lation, the provisions of said statute(s) or of the Declaration, as the case may be shall control. IN WITNESS WHEREOF, the undersigned members of the Council adopt this within Code of Regulations this day of , 1979. SUNCMILD CONDQMINIUM By: By: ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this day of !/`(/V ? 1979, before a Notary Public, personally appeared me, who acknowledged themselves to be all the members of the Council of the SUNGUILD CONDOMINIUM and acknowledged that they adopted and xe-- cuted the foregoing Code of Regulations for the purposes therein con- tained. WITNESS my hand and notarial seal the day and year afoKesaid. aryl Public My Commission Expires: JACQUELINE }. BOWSER, NOTARY PUBLIC ( SEAL ) STATE COLLEGE 80170. CEMNE COUNTY Iv1Y COMIAI'MON L%fIRES OCI. 3, 1983 Member, Pennsylvania CI NG(arie5 JOINDER OF MORTGAGEE Cambria Savings and Loan Association of Johnstown, Cambria County, Pennsylvania, mortgagee of the property made subject to he Sunguild Condominium, joins in the foregoing instrument for the pur- pose of evidencing its consent to and rendering its interest as mort- gagee subject to and governed by the provisions thereof. CAMBRIA SAVINGS AND LOAN ASSOCIAT (Vice) President COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CAMBRIA ) ON j /, On this, the day of k- A-t_.L-1 , 1979, before me, a notary public, the undersigned officer, personally appeared rit i 1? - A,4,iU_L; , who acknowledged himself t be v Vice President of CAMBRIA SAVINGS AND LOAN ASSOCIATION, a Penns lvania savings and loan association, and that he, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the association by himself as Vice President. IN WITNESS WHEREOF, I have hereunto set my hand and orficial seal. Aule ry Public My Commission Expires: (SEAL) KAREN L. MARTIN, tl^tiry Public Johr...u,:.r. C_r-_, ': (:.. My Commission Expires June 21, 1??