HomeMy WebLinkAbout12-5616
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND.'~G'~~l~l`~ ~
NINF,NTH JUDICIAL DISTRICT ~ r, r y~ E
COMMONWEALTH OF PENNSYLVANIAq~~~ S~~' ~ jj ~~j I2:
``.3~~QE~L~iN~ CQ!lNT~'
~~~~SY~.~~~OMIA
SUNGUILD CONDOMINIUM ASSOCIATION
Plaintiff; .
vs. fl(D !V~ t
JOHN M. FRANCIS, IV, No. Ia' SCE
Defendant.
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the following pages,
you must take action within TWENTY (20) DAYS after this pleading is served by entering a written
appearance personally or by attorney, and filing with the Court, in writing, your defense or objections to
the claims set forth against you. You are warned that if you fail to do so, the case may proceed without
you and a judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
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 TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17103
TELEPHONE: (717) 24-3166
HERRICK, FEINSTEIN LLP
ELLEN M. GOODMAN, ESQUIRE
Dated: September 4, 2012
{ dt~~j7j. ~SI
HF 7647068v.1 #15967/0009 Ck. ~
-ter _ _ _ _ _ _
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NINENTH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
SUNGUILD CONDOMINIUM ASSOCIATION
Plaintiff,
vs.
JOHN M. FRANCIS, IV, No.
Defendant.
COMPLAINT
AND NOW comes the Plaintiff, Sunguild Condominium Association by and through the
undersigned counsel, by way of Complaint against the Defendant, John M. Francis, IV, avers as
follows:
PARTIES
1. The Plaintiff is Sunguild Condominium Association, with a registered office address
at 1000 North Prince Street, Lancaster, Pennsylvania 17603.
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, the Association is authorized to employ the powers delegated to
Unit Owners' Associations stated in 68 Pa.C.S.A. § 3302, including, but not limited to the power to
HF 7646219v.1 #15967/0009
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.
4. The Defendant is John M. Francis, IV (the "Defendant") with a mailing address of
1075 Lancaster Boulevard, Unit 15, Mechanicsburg, Pennsylvania 17055.
5. The Defendant 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 Boulevard, Unit 15,
Mechanicsburg, Cumberland County, Pennsylvania.
SUNGUILD CONDOMINIUM ASSOCIATION, INC.
AND GOVERNING DOCUMENTS
6. The Sunguild Condominium Association exists for the purposes set forth in the
Declaration recorded in the Office of the Recorder of Deeds of Cumberland County on May 4, 2005
under Instrument Number 2005032186 in Book 1722, Page 4843. A true and correct copy of the
Declaration (and Amendments thereto) is attached hereto and incorporated herein as Exhibit "A."
7. 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 Kegulations 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.
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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 Association makes assessments against the units in the Sunguild Condominium
Association pursuant to its authority under 68 Pa.C.S. § 3314.
1 1. The Defendant, John M. Francis, IV, has failed to make payments for the assessments
as they became due.
12. The Defendant's last payment made to the Association was in February of 2012 and
it is believed that the Defendant will continue to fail to make payments for assessments as they
become due.
13. Article VII, Section 4(c) of the Code of Regulations permits the Association to
accelerate assessments due. See Exhibit "B," attached hereto, at Article VII, Section 4(c).
14. The 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
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Regulations, and such fees and costs are due from the Defendants as additional assessments under 68
Pa.C.S. § 3315.
COUNTI
Sunguild Condominium Association v. John M. Francis, IV
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, the Defendant 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. The 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 Defendant will continue to accrue fines and
assessments prior to trial.
19. As stated at length above, the Declaration and the Code of Regulations provide 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. The amount owed to the Association is as follows:
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Maintenance, Late Fees and Repairs $ 3,068.03
Accelerated Fees (October -December 2012) $ 1,017.00
Collection Admin Fee $ 150.00
Attorne~Fees $1,005.00
Total Amount Due $5,240.03
21. The 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. §
3315, and that the Defendant be held personally liable therefore.
WHEREFORE, the Plaintiff, Sunguild Condominium respectfully requests that this
Honorable Court enter judgment on its behalf and against Defendant John M. Francis, IV 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,
Herrick, Feinstein LLP
sy:
Ellen M. Goodman, Esquire
Supreme Court I.D. No. 306608
Attorneys for Plaintiff
210 Carnegie Center
Princeton, New Jersey 08540
tel. (609) 452-3800
Dated: September 4, 2012 fax. (609) 520-9095
HF 7646219v.1 #15967/0009
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NINENTH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
SUNGUII,D CONDOMINIUM ASSOCIATION
Plaintiff, .
vs.
JOHN M. FRANCIS, IV, No.
Defendant.
VERIFICATION
I, Suzanne Crowley, 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 unswom falsification to authorities.
Dated: ,3
S rowley
A d Rep a of d Condominium
Association
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12/3/79 9349
DECLARATION FOR
SUNGUILD CONDOKINTU~1
~rIIAITERSET 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. S'UB~IISSION OF PROPERTY
This Declaration is made in accordance with the provisions of the
Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3,
1963, P.L. No. 196) for the purposes of submitting to the provisions
of the Unit Property Act the property described in Article TIT below.
This Declaration for Sunguild Condominium is to be filed far record
at the Office of the Recorder of Deeds of Cumberland County, Penn-
sylvania.
AP.TTCLE TI. DEFINITIONS
The following wards or phrases when used in this Declaration shall
have the meanings ascribed to them in this section, unless the con-
text of the Unit Property Act clearly indicates or requires other-
wise:
(1) ASSESSMENTS shall mean and refer to those amounts levied
by~t -e Council, in accordance with Sections 700.102(x),
700.311, 700.702 and 700.703 of the Unit Property Act,
against the units and payable by the Unit Owners pursuant to
authority granted in the Unit Property Act, this Declaration and
the Cade of Regulations, in order to enable it adequately to
operate, maintain, repair, improve and reconstruct the
Condominium Property or otherwise to further the aims a=
the Condominium. Common Charges, Special Assessments and
fines are all types of Assessments. Assessments shall be
a lien against each unit which may be perfected as provided
by law .
(Z) BUI~ LDING means any single or multi-unit structure or struc-
tures ar complex thereof, whether in vertical or horizontal
arrangement, as well as other improvements comprising a
part of the Condominium Property and used, or intended for
use, for residEntial ar other lawful purpose ar for any
combination of such lawful uses.
Page 2
ARTICLE II. DEFINITIONS '
CONT.
(3) CODE OF REGULATIONS means such governing regulations as are
adopted pursuant to the Unit Property Act far the regula-
tion and management of the Condominium Property including
such amendments thereof as may be adop tea from time to time.
The initial Code of Regulations for the Condominium is filed
simultaneously herewith.
{a_) COMMON CHARGES refers to those annual assessments levied,
in accordance with Sections 700.102(4), 700.311, 700.702
and 704.703 the Unit Property Act, against the units and
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 OR
CO ON FACILITIES means and includes the follow~.ng:
(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, walls,
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 common
use; and
(vii) All other elements of any Building necessary or con-
venient to its existence, management, operation, maintenance
and safety or normally in common use; and
(viii) such ether facilities as are designated in this
Declaration as Common Elements.
{6) LIMITED COMMON ELEMENTS, AREAS RND FACILITIES means and in-
cludes those portions of the Common Elements, Areas and
Facilities designated in this Declaration as reserved for
the use of a certain unit or units to the exclusion of other
units as further defined in Article IV (2) (i) below.
Page 3
ARTICLE TI. DEFINITIONS
CONT.
('7 } COMM~}N EXPENSES means and includes:
Zip expenses of administration, management, operation, in-
surance, taxes, assessments, utilities, maintenance, repair
or replacement of the Common Elements. Water and heating
oil supplied to and trash or refuse collection services pro-
vided to a1i units in the Condominium shall be a Common Ex-
pense. Each residential unit is separately metered for
electricity and each Unit Owner shall be responsible to pay
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 fvr Unit Owners in Build-
ings 1 through 5 shall be a Common Expense allocated only
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 of
and paid by individual Unit Owners thereof. Electricity,
and other utility services furnished to or for the Common
' Elements shall be a Common Expense;
(ii} expenses declared Common Expenses by the Unit Property
Act ar by this Declaration or by the Code of Regulations;
(iii) expenses agreed upon as Common Expenses by the Coun-
cil and lawfully assessed against the Unit Owners in accord-
ance with the Code of Regulations ;
(iv} expenses necessary for the ownership and maintenance
of a unit used for housing a superintendent yr manager and
his family as hereinafter permitted, including but not
limited to interest and principal obligations under any
mortgage placed on such unit all utility charges ar assess-
ments (heating oil, water and electricity) repairs and main-
tenance of the unit, replacement of any component of such
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 tvithout 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 of
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 Expens es and
Page 4
ARTICLE II. DEFINITIONS
CONT .
(8)(cont.)sha11 be included in the Common Profits. Any net proceeds
from the sale ar lease of a unit purchased for use of a
superintendent or manager and his family shall be added to
the Common Revenue.
(9) CONDOMINIUM, for the purpose of this Declaration, means the
housing development located on the Property in which indi-
vidual units are awned 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 appurtenant
to his unit, and to any undivided interest in the Common
Elements of the whole project and property which is the subject
of this Declaration.
(IO) CON OMINIUM DOCUMENTS or DOCUMENTS means the Declaration,
Declaration Plan and Cade of Regulations as defined herein.
(I1) COU7,WCIL means a board of natural individuals of the number
sta ed in the Code of Regulations, who are residents of the
Commornvealth of Pennsylvania and who need not be Unit Owners.
The Council shall manage the business, operation and affairs
of the Condominium, an 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 far 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) DEC~.ARATION PLAN means a plan of the Property prepared in
accordance with Section 402 of the Unit Property Act.
(14) MAJORITY or MAJORITY OF THE UNIT OWNERS means the owners
of more than fifty percent (50~) in the aggregate interest
of the undivided ownership of the Common Elements as speci-
fied in the Declaration.
(15) PEA
~N means a natural individual, corporation, partnership,
association, trustee or other legal entity.
{16) PROPERTY ar CONDOMINIUM PROPERTY means and includes the land,
t e 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) SP0~7SOR or DECLARANT shall mean Ninterset One Associates,
a PENNSYLVANIA LIt4ITED PARTNERSHIP.
Page 5
ARTICLE II. DEFINITIONS '
CONT.
(18) UNI~ or CONDOMINIUM UNIT means any part of the Property de-
s~g~iated ar intended for independent residential use, which
has a direct exit to a public street or way, or to a Common
Element or Common Elements leading to a public street or
way, or to an easement or right-of-way leading to a public
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 assigned
thereto in this Declaration or the Declaration Plan, as the
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 in
Article III below, as the same may be amended from time to
time. The Residential Units are generally identified on
Schedule "B" hereto. Each unit shall constitute a single
freehold estate, consisting of the space bounded and described
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) W IT OWNER or OWNER rieans the person or persons owning a
un~.t zn ee simple. Title to units may be taken in the
names of an individual, or in the names oz t*ao or more per-
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 Pennsylvania.
(21) UNIT PROPERTY ACT means the Unit Property Act of the Com-
monwealth of Pennsylvania, Act of July 3, 1963, P.L. 196,
as amended from time to time, and any successor laws govern-
ing condominium property which substantially repeal the Act
of July 3, 1963, P.L. 196 or its successors.
ARTICLE III. DESCRIPTION OF PROPERTY
The Property owned by the SPONSOR, which is hereby submitted to the
Condominium form of ownership under the provisions of the Unit Pro-
perty Act, is the land described in Schedule "A" attached hereto and
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 units
{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 Property
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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 with-
in the boundary lines as described in this Article, Para-
graph (ii) hereinbelow and as specifically delineated on
the plan referred to in sub-paragraph {1) of this Article.
Any adjacent or connecting balcony, patio ar air condition-
ing unit and related equipment and the storage area assigned
to each unit, shall be a Limited Common Ele_~nent and the
owner of the connecting ar assigned unit shall have an ex-
clusive easement for the private use thereof; the mainten-
ance thereof shall be borne as provided in this Declara-
tion and the Cade 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 entry
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 form
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, the
and any other finishing material applied to interior walls,
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 tv time, be re-
moved ar 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. ~3ESCRIPTION OF COMMON ELEMENTS AND LIMITED COM'_~'!ON ELEMENTS
D 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 Plan.
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Page 7
ARTICLE VI. PERCENTAGE OF UNDNIDED INTEREST IN CO~IMON AREAS APPER-
TAINING TO EACH UNIT AND ITS OWNER
The percentage of the undivided interest in the Common Elements apper-
taining to each unit is more particularly set forth in Schedule "E".
annexed hereto. The total percentage of the undivided interests
of all the units equals 100$. Any units created in additional or con-
vertible real .estate will be substantially identical to the ether
units in the Condominium and the Common Element interests and Cammon
Expense liabilities will be allocated to those units in accordance
with the formulas (See Article herein) used for the initial allocations.
ARTICLE VII. USES PURPOSES AND RESTRICTIONS
The Condominium Property ref erred 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 Sponsar or Council on behalf of the
Unit Owners and used by them as Sales Offices, Administra-
tive Offices, i4odels, or storage facilities) shall be used
for any purpose other than as a private residence for the
use of one family consistent with the Declaration, Code of
Regulations and Rules and Regulations promulgated by the
Council, or shall anything be done therein which may be a
nuisance to the occupants of neighboring units.
(b) The Sponsor shall have the irrevocable right to use
any units awned 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 awned
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 regu-
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 replace
and repair all air conditioning equipment, and any land-
scaping located on ar within any balcony or patio located
within or appurtenant to his Residential•Unit.
(d) There shall be no obstruction of the Common Elements
nor shall anything be stared in or on the Common Areas
without the prior written consent of the Council or except
as hereinafter expressly provided. Na Owner or group of
Owners shall build, plant, or maintain any matter or thing
upon, over or under the Common Elements except with the ex-
press permission of the Council in writing first had and
i
Page S
ARTICLE VII. USES, PURPOSES AND RESTRICTIONS
CON T .
{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 to
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 the
Council. No Unit Owner shall permit anything to be done or
kept in his unit or in the Common Elements which will re-
sult. in the cancellation of insurance on any Building or the
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 or
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 walls
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. N o
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 get 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 willf uily or negligently which
may be or become any annoyance or nuisance to the other
Unit Owners or occupants.
i_._
I
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ARTICLE VII. USES, PURPOSES AND RESTRICTIONS
CONT.
(iy Nothing shall be done to any unit or on or in the
Common Elements which will impair the structural integrity
of any Building or which will structurally change the
Building.
(j No clothes, sheets, blankets, laundry of any kind or
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 ar profession
of any kind, be it commercial, religious, educational or
otherwise, may be conducted, maintained or permitted on
any part of the Property. No commercial vehicles of a size
larger than a panel truck may be parked on any part of the
Property, except those vehicles temporarily on the Property
for purposes of servicing the Property itself ar one of the
units. No boat trailers or boats shall be parked overnight
on or about the Common Elements unless Council shall reserve
a space therefor and designate such space for the Unit Holder.
(1) All valid laws, zoning ordinances and regulations of
all governmental bodies having jurisdiction over the Condo-
• minium shall be observed by each Unit Bolder and the Council.
(m) Draperies, blinds or curtains showing solid neutral
colors or linings to the exterior must be installed by the
Unit Owner an all windows of each unit and must be maintained
in said windows at all times.
(n) Each Unit Owner shall be entitled to share in any surplus
accumulated by the Council and shall be liable for Common
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 facili-
ti~s may be used for general recreational purposes by Unit
Owners, their families, tenants and their guests. All per-
sons using said facilities will abide by the rules and re-
gulations as established from time to time by the Council.
(p) The Common Elements shall. be used only for the furnish-
ing of the services and facilities for which they are intended
and which are incident to the use and occupancy of the units.
(q} One unit may be purchased by the Council on behalf of
a11. Unit Owners for the use and occupancy of a resident super-
intendent or manager and his family, and the Council may ar-
range for a mortgage thereon.
Page 1fl
ARTICLE VII. USES, PURPOSES AND RESTRICTIONS
CON T .
{r) 2do 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 both
a Current vehicle license tag displayed and, if applicable,
the appropriate inspection certificate or sticker displayed,
all conforming to the laws of the State in which the vehicle
shall be repaired, disassembled or stored in non'operating
condition on the Common Elements without the prior written
consent of the Council.
(s) The responsibility for fireplace flues or vents shall
be principally with the Unit Owner in which the fireplace
is located, as more fully provided in the Code of Regula-
tions.
ARTICLE VIII. NAtrlE OF CONDODIINIU~4
The name by which the Condominium will be known henceforth is SUNGUILD.
ARTICLE IX. THE COUNCIL
The Council and the Sponsor appointed Council shall have all the powers
and duties necessary far the administration of the affairs of the Con-
dominium and may perform all acts and things as are not by statute or
by this Declaration or the Code of Regulations directed to be e~+ercised
and done by the Unit Owners. The powers and duties of the Council shall
include, but not be limited to, the following:
{a) To provide for the operation, care, up-keep and rnain-
tenance of the Condominium Property in a manner consistent
with law and the provisions of this Declaration and the Code
of Regulations.
(b) To provide for the establishment and collection of
Assessments and/or Common Charges from the Unit Owners and
the Assessment and/or enforcement of liens therefor in a
manner consistent with law and the provisions of the De-
claration and the Code of Regulations.
(c} To provide for the employment of personnel necessary
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 may
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 consistent
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 SERVICL
Any member of the Council is hereby designated to receive service of
process in any action which may be brought against t?~o or more Unit
Owners or relating to the Common Elements and Facilities.
ARTICLE XI. EASEMENTS
(1) ENJ~YMENT OF COMMON ELEMENTS. Every Unit Owner shall have
a perpetual right and easement of enjoyment and ingress and
egress in and to the unlimited Common Elements (as distin-
quished from Limited Common Elements) and such easement shall
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 who
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 pro-
vid'ed to the Council for the use and enjoyment of the Unit
Owners; and
(c) the right of the Council to suspend the right to the
use of the recreational facilities by a Unit Owner for any
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) Rny 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 Elements
serial a su ject to an easement for encroachments created by
construction, settling and overhangs in the units or the
Common Elements as constructed, repaired, renovated or im-
proved.• A valid easement for said encroachments and far the
maintenance of same, so long as they stand, shall and does
_ _ _
Page 12
ARTICLE KI. 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 af-
fected agree that minor encroachments of parts of the adja-
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 such
abutting unit. Also, a valid easement shall and does exist
in favor of each owner to make reasonable use, not inconsis-
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 Owner'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 easement
upon, across, over and under all of the Property far ingress,
egress, installation, replacing, repairing and maintaining
a master television antenna system and all utilities includ-
ing, but not limited to, water, sanitary and storm sewers,
gas, telephone, electricity and heating oil lines and drains.
By virtue'of this easement, it shall be expressly permissible
for the providing utility company or other responsible party
to erect and maintain the necessary poles and other necessary
equipment on the Property and to affix and maintain utility
wires, circuits, conduits and pipes, on, above, across and
under the roofs, flooring, basements, patios and exterior
walls of the units, and as to fireplace flues, through the
units. Notwithstanding anything to the contrary contained
in this paragraph, no sewers, electrical lines, water lines,
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 II
as set forth on the plans therefor, as such plans may be
modified from time to time, and approved by the Declarant
or hereaf ter 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 the
terms hereof. The easements provided for in this Article
shall nat impair any other recorded easement on the Property.
(g} TSE COhIMON 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 tray"fic on,
over, through and across sidewalks as the same may from time
to time exist, and the Building entrance halls, corridors,
lobbys and Common stairwells, and (ii) for pedestrian and ve-
hicular traffic on, over, through and across such portions
of the Common Elements as may be from time to time paved
and intended for such purposes.
(5) THE COMMON ELEPIENTS shall be and are hereby made subject to
the following easements (in addition to any other easement
set Earth in this Declaration) in favor of the unit or units
benefitted thereby: ~
(i} For the installation, repair, maintenance, use, removal
and/or replacement of overhead lighting fixtures, electrical
receptacles and the like which are located in a portion of
the ceiling or wall adjacent to a unit which is part of the
Common Elements; provided, that the installation, repair,
maintenance, use, removal ar replacement of such fixtures,
receptacles and the like will not unreasonably interfere with
any part of the Common Elements or impair or structurally
weaken a portion of the Buildings; and
(ii) For the installation, repair, maintenance, use, removal
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 the
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 far the purpose of verifying of performance
by Unit Owners of all items of maintenance and repair for
cvhieh 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-
paizing, 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-
latss the provisions of any mortgage and for such other pur-
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 interf erence 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 benefited, for the
installation, repair, maintenance, use, removal and/or re-
placement of pipes, ducts, electrical wiring, fireplace
flues and all other utility lines and conduits which are
part of the Common Elements and which pass across or through
a portion of a unit or units; and
(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 all
policemen, firemen, ambulance personnel and all other simi-
lar persons to enter upon the Property or any part thereof
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 far
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
enc~coachment, shall exist for so long as such encroachment
sha~.1 exist. In the event the Building is partially or totally
desl~royed, and then rebuilt, encroachment upon the Common
Elements and/or units, as and to the extent described above,
shall be permitted, and a valid ease.~nent for said encroach-
mentrs and the maintenance thereof shall exist for so long as
such encroachment continues to exist.
tB) Any easements or restrictions otherwise of record.
Page l5
ARTICLE XI. EASEMENTS ,
CONT.
{9) A11 easements and rights described and mentioned in this
Declaration are easements appurtenant, running with the land,
units and Common Elements, perpetually in full farce and
effect, and at all times shall inure to the benefit of and
be binding upon Declarant, its successors and assigns, the Coun-
cil, any Unit Owner, purchaser, mortgagee and any other per-
son having interest in said land, units, Common Elements or
any portion thereof.
ARTICLE XTI. RIPES, DUCTS, CABLES, 6dIRES, CONDUITS, PU$LIC UTILITY
TNES AND OTfiER COMMON ELEMENTS LOCATED INSIDE OF UNITE
Each Unit Owner shall have an easement in common with the Owners of
all other units to use all pipes, wires, ducts, cables, conduits, pub-
lic utility lines, fireplace flues and other Common elements located in
any of the other units and serving his unit. Each unit shall be sub-
ject to an easement in favor of the Owners of all other units to use
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 to
each unit and to inspect same to remove any violations as set forth in
this Declaration or Code of Regulations as from time to time in effect
and to maintain, repair or replace the Common Elements contained there-
in or elsewhere in the Buildings.
ARTICLE XIII. POWER OF ATTORNEY
By acceptance of a deed to any unit or by the acceptance of any other
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, con-
stitute, appoint and confirm (i) Sponsor, its successors and assigns,
as attorney-in~fact for the purpose of executing such amended Declara-
tian(s} and other instrument(s) as are permitted pursuant to the Unit
Froperty Act, this Declaration, the Code of Regulations or the purchase
agreement for a unit, provided that the Sponsor shall retain this
power of attorney only until the last unit awned by Sponsor is sold,
and (ii) the members of the Council, provided that a majority of the
members of Council then holding office join in such act, as attorney-
in-fact to do the following:
(1) Acquire title to ar lease any unit ar interest therein
whose owner desires to surrender, sell, lease or other-
wise., on behalf of all Unit Owners and to convey, sell,
Ieas~e, mortgage (but not to vote the votes appurtenant
thereto) or otherwise deal with any units so acquired or to
sublease any units so leased by the Council.
.r _ _
Page 16
ARTICLE XIII. FOWER 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, upon
vote of the majority of Unit Owners, convey, sell or lease
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 agreements.
The Powers of Attorney aforesaid are expressly declared and acknow-
ledged to be cioupled with an interest in the subject matter hereof
and the same slhall run with the title to any and all units and be
binding upon t~'he 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 prin-
cipal and are intended to deliver all right, title and interest of the
principal in a'nd to said Powers.
ARTICLE XIV. UNITS SUBJECT TO DECLARATION, CODE OF REGULATIONS
All present and future Owners, tenants and occupants of units shall be
subject to and shall comply with the provisions of this Declaration
and Code of Regulations and as they may be amended from time to time.
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 ar occupant, and all of such provisions shall be
deemed and taken to be covenants running with the land and shall
bind any persoln having at any time any interest or estate in such
unit as though such provisions were recited and stipulated at length
in each and every deed or conveyance or lease thereof.
Page 17
ARTICLE XV. CHANGE OF PERCENTAGE
The proportionate undivided interest in the Common Elements may be
altered only 1py the recording of an amendment duly executed by all
the Unit Owners affected thereby; provided that, notwithstanding any
other provision of this Declaration, if the Sponsor does not construct
some part of the future units shown on the Declaration Plan with-
in seven (7) dears from the date hereby, then by amendment duly re-
corded by the Sponsor, without joinder of any Unit Owner, the propor
tionate undiv~,ded interest of each Unit Owner in the Common Elements
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 all
units then constructed. Such amendment shall have attached thereto
a chart showing the percentage interest in the Common Elements of each
Unit Owner as finally determined. This right shall not be exhausted
by one exerciise thereof, and may be exercised on more than one occasion
as determined during said seven (7} year period by the Sponsor.
ARTICLE XVI. P.1`~IENDMENT OF DECLARATION
Subject to th,e provisions of Article XIX (3) hereof, this Declara-
tion may be mended by the affirmative vote of the Owners of at least
51$ in intereist of the Common Elements so long as the Sponsor is the
owner of one or more units. At such time as the Sponsor is no longer
the owner of one ar more units, it is specifically provided that this
Declaration mlay only be amended by the vote of the owners of at least
66-2/3~ of the interest in the Common Elements cast in person or by
proxy at a meeting duly held in accordance with the provisions of the
Code of Regulations. No such amendment shall be effective until
recorded in fhe Recorder's Office of Cumberland County, Pennsylvania,
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 ar affiliate
of Sponsor, nor any employee, agent, successor or assign of Sponsor,
or any such subsidiary ar affiliate, shall be liable for any claim or
damage whatsgever arising out of or by reason of any actions performed
pursuant to qr in accordance with the authority granted or delegated
to them or any of them by or pursuant to this Declaration or Code of
Regulations.
ARTICLE XVYII. MORTGAGES
{a) A Unit Owner may not voluntarily encumber or subject
his unit to any lien, other than the lien of (i) a first
_ _
Page 18
ARTICLE XVIII. MORTGAGES
CONT.
{a)(cont.} mortgage to a bank, trust company, bank and trus t company,
savings bank, savings and loan association, building and
loam association, insurance company, pension fund or like
institutional investor, any of which are sometimes referred
to as a mortgage company, or {ii} a purchase money mortgage
to the Sponsor. or (iii) a purchase money mortgage to the
seller of a unit (any of such mortgages being sometimes re-
fe~red to herein as °Permitted Mortgagees"). In any event,
such mortgage and the obligation secured thereby shall pro-
vide that the martgage and the rights and obligations of the
parties thereto shall be subject to the terms and conditions
of the Act, this Declaration, the Code of Regulations and
the Rules and Regulations, and, specifically but without
limitation, that the mortgagee shall have no nigh t (a) tv
participate in the adjustment of losses with insurers or
in .the decision as to whether or not or how to rep air or
restore damage to or destruction of the Property, (b) to
recteive or apply the proceeds of insurance to the reduction
of the mortgage debt or otherwise, except in the event and
to the extent of a distribution thereof to Unit Owners pur-
suant to Section 802 of the Act or of insurance proceeds
being received in excess of the cost of repair or restora-
tia~n or (c} to accelerate the mortgage debt or to have any
other remedies by virtue of waste or alleged waste or other
conditions occurring anywhere on the Property other than
wiithin the affected unit, and the obligation secured shall
be .prepayable, without penalty, upon the happening of any
termination as aforesaid.
{b) IVo Unit Owner or prospective purchaser of a unit shall
de]~iver any martgage, 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 sa secured. When a Permitted Mort-
gac~e is delivered to the mortgagee, the rJnit Owner shall
si~ultaneously provide executed or conformed copies to the
Council. The Secretary shall maintain a register of Per-
muted Mortgages, showing the name and address of the mort-
gac~ee and the amount secured thereby. The holders of Per-
muted Mortgages, including holders of Permitted Mortgages
ref erred to in Article XVIII (c) hereof, shall be entitled
on written request to receive from Council a written
statement of any delinquent assessments and of any other
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 i~iart-
gac~ees shall be permitted to examine the books of account
of Council during regular ,business hours at Council's Office.
T..
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
Compton 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 modifications
thereof that may be required from time to time by the holder
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 shall
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 the
units, in the event such lender shall acquire title to any
of the units awned by Declarant pursuant to deed in lieu of
of foreclosure or any judicial sale under such mortgage or
the accompanying obligation.
ARTICLE XIX. PROVISIONS PERTAINING TO DECLARANT
t3otwithstanding any other provisions herein or in the Code of Regula-
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 ef-
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 Documents
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 of ter 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 Regu-
lations, and without the consent or approval of the Council
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 upan any warranty or representation
not so specifically made therein.
{3) No amendment may be made to the Condominium Documents with-
out the written consent of Declarant so long as Declarant
retains the ownership of ten or more units.
Page 2Q
ARTICLE XIX. PROVISIONS PERTAINING TO DECLARANT
CONT.
{4) The Declarant shall have the right to transact on the Property
any business necessary to consummate the sale of leasing of
units, including, but not limited to, the right to maintain
models, display Signs, employees in the office and to
use the Common Elements.
(5) Dining the period of time in which the Building and units
are under construction by the Declarant and not completed,
no assessments for Common Expenses shall be made against the
Declarant as the owner of units which have not been comr~l eted
until the completion thereof, and certificates of occupancy
granted, and the Common Expenses shall be assessed agains t
the Unit Owners (including the Declarant) of those units which
shill have been completed in the proportions which their re-
sp~ctive percentage of undivided interest in the Common
Elements bear to each other, inter se.
(6} The Declarant hereby reserves unto itself the right to make
changes in the Declaration Plan, as filed, for future units
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 constructed
when this Declaration is filed.
ARTICLE XX. INVALIDITY
The invalidity of any provision of this Declaration shall not be deemed
to inpair 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 previsions of this Declaration shall continue in full force
and effect a~ if such invalid provision had never been included herein.
ARTICLE XXI. WAIVER
DIo provision contained in this Declaration shall be dee*ned to have
been abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches which may occur.
ARTICLE XXII. GENDER
The use of the masculine gender in this Declaration shall be deemed
to refer to the feminine gender and the use of the singular shall 5e
deemed to refer to the plural and vice versa, whenever the context so
requires .
_ _ _T_____
Page Z1
ARTICLE XXIII. FIRST MEETING OF COUNCIL
The names of the first members of the Council are:
1. Kenneth F. Barber
2. Harlin 3. Wall
3. fake Wa{I
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
ar mther liens affecting the units, duly recorded in accord-
ance with the provisions of the Unit Property Act, in addi-
tion to the removal provisions elsewhere herein set forth
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 dommon which shall appertain to each Unit Owner at the
time of removal shall be the percentage of undivided interest
preciously owned by such person the Common Elements.
IN WITNESS WHEREOF, the undersigned has hereunto caused its
signature and seal to be affixed hereto this /,7'~ day ofR.~.t.-- ,
1979 .
ATTEST: WINTERSET ONE ASSOCIATES
. By i General Partner,
• Leis a L' e, I
• y:
L~r. Secre'tary ' c P esident
(SE13L }
COMMONWEALTH OF PENNSYLVANIA '
SS:
COUNTY OF 1-~
I hereby certify that on this ~o day of ~-~..-.d~CY.c.J,
1979, before m~e_, the undersigned officer, personally appeared
~ ~u ~ who acknowledged himself to be the Vice
President of Leisure Life, Tnc., a Pennsylvania corporation, the
General Partner of Winterset One Associates, and who as such Vice
President, being authorized to do so, executed the foregoing instru-
ment for the purposes therein contained as the act and dead of
Winterset One Associates.
IN WITNESS WHEREOF, I hereto set my hand and official seal.
JACQUELIN$ J. 80~YSEr7. NOTARY PU9LlC
STATE COL~EGE 9ORa. c~NTRE couNrr ~ ' '~J
MY COMM SION EXPIRES OCT. 3, 1983 t a Pub 1 i c
Member, Penlssylvania Assoria:ion of Notaries
My Commission Expires:
JAC~uEUr,E J. ~o~r;;.~, ,cuTa~r PUFLiC
{ SEAL ~ STATE COLLEGE @GR7. CEi11 Zc coLrlT~f
htY CObIh11SSIOW EXPIRES GC.. 3. 1543
Member. Pen~syL~ania AssaCrti:n of Natures
_ _ _ _ _
JOINDER OF MORTGAGEE
Cambria Savings and Loan Association of Johnstown, Cambria
County, Pennsylvania, mortgagee of the property made subject to the
Sunguild Condominium, join 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.
ATTEST: CAMBRIA SAVINGS AND LOAN ASSOCIATION
C
/
Se~eta i('Vi.~e} Presicent
(SEAL) /
i/
COMMONWEALTH i~F PENNSYLVANIA )
. ) SS:
COUNTY OF CAMBRIA )
tl /
0n this, the ~ day of ,!~'-G~,~~c..~t.-~./ , 1979, before
me, a notary public, the undersigned officer, personally appeared
i
~'~~.-cam `~-c~ 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 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 official
seal.
~J ~
. Not Public '
My Commission Expires:
I:AP.EN 1. !lkRTN, Notary Public
( SEAL ) 1~iaxtc::n. C~.-trit Co., Pa.
rhy tcr:rr:;ssic:s Exaires June 21, 1982
- i
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, tc~ wit:
BEGINNING at ~ stone monument at the easterly intersection of lands
of R. A. Orternzio with lands of Wilson Land Company; thence South
Fifty-two degt~ees Thirty-six minutes Thirty seconds West {S 52° 36'
30" W} along ].ands of Wilson Land Company a distance of 691.35 feet
to a concretelmonument; thence North Thirty-seven degrees Twenty-
three minutes Thirty seconds West (N 37° 23' 30" W), a distance of
154,88 feet tCa a point; in a northwesterly direction along Nanroc
Drive (proposed 50 feet wide street} by a curve to the left having
a radius of 1~0 feet, an arc distance of 138.85 feet to a concrete
monument; thence North Eighty-seven degrees Six minutes Fifty seconds
West {N 87° 0~' S0" W}, along same, a distance of 143.18 feet to a
point; thence along same by a curve to the right having a radius of
125 feet, an arc distance of 108.46 feet to a concrete monument;
North Thirty-$even degrees Twenty-three minutes Thirty seconds West
{N 37° 23' 30'" W), along same, a distance of 195.11 feet to a point;
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 righ t-
of-way line of Geneva Drive (50 feet wide); thence iJarth 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 Fif ty-tTO degrees Thirty-six minutes Thirty seconds East (N 52°
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 radiras 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 of
175 feet, an arc distance of 94.31 feet to a point; thence North Fif ty-
two degrees Thirty-six minutes Thirty seconds East (N 52° 36' 30" E),
along same, a distance of 5.83 feet to a point; thence t3orth Fifty-two
degrees Thirty-six minutes Thirty seconds East (N 52° 36' 30" E),
a distance of'S4.01 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 feet
and chard of X1.17 feet to a point; thence along the western boundary
of Lancaster $oulevard South Twenty-five degrees East {S 25° E), a
distance of 21.5.33 feet to a concrete monument; thence South Twenty-
five degrees East (S 25° E}, a distance of 524.28 feet to the point
and place of BEGINNING.
CONTAINING 14.13 acres, more or less.
aEING in part, the same premises which R. A. Ortenzio and Nancy :~i.
Ortenzio, his wife, by their deed dated March 12, 1975, recorded in
the Cumberland County Recorder of Deeds Office in Deed Book Z,
Volume 25, Page 61, unto :4interset 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 office
in Deed Book fit, 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 P.ssociates.
SCHEDULE "B" TO THE
SUNGUILD CONDOMINIUM DECLARATION
$ COMMON
UNIT T INTEREST
1071 - 1 1.2104
1071 - 2 1.5414
1071 - 3 1.4416
1071 - 4 •9412
1071 - 5 .9412
1071 - 6 1.4416
1071 - 7 1.5414
1071 - 8 .9412
1071 - 9 .9412
1071 10 1.5414
1071 - 11 1.4416
1071 - 12 .9412
1071 - 13 .9412
1071 - 14 1.4416
1071 - 15 1.5414
1071 - 16 1.2104
1072 - 1 1.2104
1072 - 2 1.5414
1072 - 3 1.4416
1072 - 4 .9412
1072 - 5 .9412
1072 - 6 1.4416
1072 - 7 1.5414
1072 - 8 .9412
1072 - 9 .9412
1072 - 10 1.5414
1072 - 11 1.4410
1072 - 12 .9412
1072 - 13 .9412
1072 - 14 1.4416
1072 - 15 1.5414
1072 - 16 1.2104
1073 - 1 .9412
1073 - 2 1.5414
1073 - 3 1.4416
1073 - 4 .9412
1073 5 .9412
1073 - 6 1.4416
1073 - 7 1 .54.14
1073 - 8 1.2104
1073 - 9 1.2104
1073 - 10 1.5414
1073 - 11 1.441n
1073 - 12 .9412
1073 - 13 .9412
1073 - 14 1.4416
1073 - 15 1.5414
1073 - 16 .9412
Page 1
_ _ _
$ coMMON
UNIT ~ INTEREST
1074 - 1 1,2104
1074 - 2 1.5414
1074 - 3 1.4416
1074 - 4 .9412
1074 - 5 .9412
1074 - 6 1.4416
1074 - 7 1.5414
1074 - 8 .9412
1074 - 9 .9412
1074 - 10 1.5414
1074 - 11 1.4416
1074 - 12 .9412
1074 - 13 .4412
1D74 - 14 1.4416
1074 - 15 1.5414
1074 - 16 1.2104
1075 - 1 1.2104
1075 - 2 1.5414
1075 - 3 1.4416
1075 - 4 .9412
1075 - 5 .9412
1075 - 6 1.4416
1075 - 7 1.5414
1075 - 8 .9412
1075 - 9 .9412
1075 - 10 1.5414
1075 - 11 1.4416
1075 - 12 .9412
1075 - 13 .9412
1075 - 14 1.4416
1075 - 15 1.5414
1D75 - 16 1.2104
Page 2
E
X
H
I
B
I
T
B
SUNGUILD COtdDOr1TNIUMS
CODE OF REGULATIONS
SECTION I. APPLICABLE STATUTE
This Code of Regulations is adopted for Sunguild Condominium pu r-
suant to the Unit Property Act of the Commonwealth of Pennsylvania
{Act of July 3, 1963, P.L. 196).
SECTION II. gEFINITIONS
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 far Sun-
guild Condominium.
SECTION III. NAME, ADDRESS At3D PLACE OF RECOP.DING
1. The Condominium Property shall be ):n own by the name of
Sunguild Condominium.
2. The registered office of Sunguild Condominium shall be
located at unit ~S, 1071 Lancaster Boulevard, Upper A11en
Township, Mechanicsburg, Fennsylvania 17055.
3. The Declaration and Declaration Plan of Sunguild Condo-
minium are filed far record at the Office of the l:ecorder
of Deeds of Cumberland County, Pennsylvania.
SECTION IV. COUNCIL
1. Numi~er and 4ualifications. The affairs of Sunguild Condo-
minium shall be governed by a Council. Until (a) eighty
{8U} Units have been sold by the Sponsor, have been paid
for and title closed, or (b) until two (2) years after the
date of the recording of the Declaration, whichever shall
first occur and thereafter until their successors shall
have been elected as provided herein, the Council shall
consist of three (3) persons designated by the Sponsor, none
of tahom need be residents of Sunguild Condominium. There-
after, until all remaining units shown on the Declaration
Plan, as the same may be amended from time to time, have
been sold by the Sponsor, have been paid for and title
cloised, or until seven {7) years after the date of recording
of the Declaration, whichever shall first occur, the Council
shall consist of five (5) persons, three of whore shall be
designated by the sponsor and two of whom shall be unit
owners and residents of the units at the time of election.
Page 2 '
SECTION IV. COUNCIL
CONT.
2. Powers and Duties. The Council shall have the powers and
dut~.es necessary for the administration of the affairs
of the Condominium and may do all such acts or things except
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 be
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 to
make a final determination of any claim or dispute by a
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 for
the maintenance and operation of the Common Elements and
facilities.
(e) Adoption and amendment of rules and regulations gov-
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 6ponsor 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. E'or each
day a violation continues of ter notice, it shall be con-
sidered a separate violation. Any fine levied is to be
_ _ _ _ r__ _
If
Page 3
SECTION IV. COUNCIL
CONT .
2.(e)(cont.)cansidered as an assessment and levied against the parti-
cul air Unit Owner involved. Collection may be enforced by
the Council in the same manner as the council is entitled to
enforce collection of Common Charges or Assessments.
(f) Opening of bank accounts on behalf of the Condominium
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
ar 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 arrang-
ing for a mortgage thereon.
(h) Leasing recreational facilities, subject to zoning
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, corporate
or ptherwise, on behalf of all Unit Owners, and accomplish-
ing any and all actions necessary or incidental thereto.
(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 this
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 ido 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 regulations
promulgated by the Council. The Council shall have the
pow'~er to levy fines against the Unit Owners for violations
of reasonable rules and regulations established to govern
the conduct of the Unit Ovmers. r3o fine may be levied for
more than $50 for any one violation; but for each day a
violation continues after notice it shall be considered a
sepjarate 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 manager
for the Condominium at a compensation to be established by
the Council, to perform such duties and services as the
Co?~ncil shall authorize, including but not limited to the
duties granted to the Council as set forth above. The 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, common
expenses, facilities and equipment personnel, and any other
services with other condominiums.
(n} The Council shall establish rules and regulations for
the use of the parking spaces and shall devise a system
for allocating said parking spaces providing that there
shall be at least two parking spaces for each Unit.
(o) The Council shall have the power to obtain and main-
tain insurance relating to the Condominium Property.
(p) The Council shall have the power and authority to
take any and all acts and to do any and all things as are
necessary ar incidental to the implementation, enforce-
ment or furtherance of the terms and provisions of the
Unit Property Act, the Declaration and this Code of Regu-
lations, or as may otherwise be granted to and accepted
by the Council from one or more Unit Owners.
(q) No part of the Carnmon Profits, if any, shall inure to
the benefit of any Unit Owner other than by way of acquir-
ing, constructing or providing management, maintenance
and care of the Common Elements.
3. Election and Term of Office. The first meeting of the Unit
Owners shall be held on call by the Council no more than
{a) 60 days after 80 units have been said, paid for and
title closed, or {b) no later than two years after the
date of the recording in the Declaration, whichever shall
first occur. Said meeting shall be cor}sidered to be the
first annual meeting of the Unit Owners. At the first 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 elected 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 far a two year term.
The elected members of the Council shall hold office until
their respective successors have been elected by the Unit
Owners as provided herein. The Council appointed by the
Sponsor shall act alone until the election has been com-
_ _ II I
Page 5
SECTION TV. 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 IV
(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 this
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 that
theme are no mare than twice as many candidates running as
there are positions to be filled, with those receiving the
lowest number of votes being eliminated. A second ballot
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 being
elected to membership on the Council. If the candidates are
being elected for varying periods of years, the candidates
polling the highest votes will be considered elected for
the longest number of years. After the first annual meet-
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 this
Code of Regulations. At such time as the Sponsor no longer
owns any Units, the members of the Council appointed by tt~e
• Sponsor shall vacate the Council and the place vacated by the
Sponsor's representatives shall be filled by the remaining
members of the Council as herein provided for the unexpired
portion of the term. Notwithstanding any other provision
hereof, the Sponsor may, from time to time, replace any
of the members of Council which it has appointed.
4. Removal of Members of the Council. At any duly held regu-
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 shall
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 of the
three original Council members appointed by the Sponsor.
5. Vac ncies. Vacancies in the Council caused by any reason
sha 1 e filled by a vote of a majority of the remaining
members of the Council at a special meeting of the Council
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 such
meeting may constitute less than a quorum. Each person
so elected shall be a member of the Council for the remainder
of the term of the member whose term he is filling and until
his successor is elected. Vacancies must be filled within
thirty (30) days, In the event of a deadlock by the Coun-
cil in filling any such vacancy, Council may call a special
meeting of the Unit Holders, upon at least seven {7) day s
written notice, at which, regardless of whether a quorum
is present, such vacancy shall be filled.
6. Compensation. No member of the Council shall receive any
compensation for acting as a Council member. However,
Council members shall be reimbursed for out-of-pocket ex-
pernses and may be compensated for services rendered to or
for the Condominium in any other capacity, and shall be
indemnified as provided in the Declaration.
7. Meeting of the Council. The first meeting of the Council
fol owing the first annual meeting of the Unit Owners shall
be held within ten (10) days thereafter at such time and
place as shall be fixed by the Council immediately folloti•~-
ing such annual meeting and no notice shall be necessary.
Regular meetings of the Council, before ar after the first
annual meeting of the Unit Owners, may be held at such time
and. place as shall be determined from time to tune by a
majority of the members of the Council, but at least two
meetings shall be held each year. Notice of regular meet-
ings of the Council shall be given to each Council member
by .:mail or telegram at least five days prior to the date
of the meeting. Special meetings of the Council shall be
called by the President or the Secretary in lake manner and
on like notice promptly following the written request of
at least three members of the Council. Any member of the
Council may, at any time, waive notice of any meeting of the
Council in writing and such waiver shall be deemed equiva-
lent to the giving of notice. Actual attendance by members
of the Council at any meeting of the Council shall consti-
tute his waiver of notice of the meeting. all meetings
of the Council shall be open to the attendance by the Unit
Owners.
8. Quorum of the Council. At all meetings of the Council, a
majority of the members thereof shall constitute a quorum
far. the transaction of business and the vote of a majority
of the members of the Council present and voting at a meet-
ing at which a quorum is present shall constitute a valid
decision. If at any meeting of the Council there shall be
less than a quorum present, the majority of those present
_ _
Page 7
SECTION IV. COUNCIL
CONT.
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 meet-
ing may be transacted without further notice.
9. Action b Council Without a Meetin Any action which
may ' e 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 writ-
ings signed by, all the Council members, which writing or
writings shall be filed with ar entered upon the records of
the Cauncil.
10. Election of Officers. At each annual organization meeting
of the Cauncil following its election, the Council shall
elect a President, one or more Vice Presidents, a Secretary
and a Treasurer of the Condominium. All officers and mem-
bers of the Council, having the responsibility for handling
funds of the Condominium, are to be bonded. The President,
who shall be elected from the Council-members, shall be the
chief executive officer of the Condominium and shall pre-
side at all meetings of the Unit Owners and the Council,
and .shall have general powers and duties which are incident
to the office of a president of a non-profit corporation,
including, but not limited ta, the power to appoint such
committees from among the Unit Owners from time to time as
he may in his discretion decide are appropriate to assist
in the management of the affairs of the Condominium. All
other officers need not be members of the council nor need
they be Unit Owners. The Vice President shall take the
plade of the president or perform his duties whenever the
President shall be absent or unable to act. The Secretary
shall keep the minutes of all meetings of the Unit Owners
and the Council, and shall have charge of the books and re-
cords of the Condominium and the Cauncil. He shall, in gen-
era., perform all of the duties incident to the office of a
sect'etary of a non-profit corporation. The Treasurer shall
have the responsibility for the Condominium funds and securi-
ties and shall be responsible for the keeping of full and
accurate records and books of account. The treasurer, and
any other officers or employees who handle Condominium funds,
at the expense of the Condominium, shall furnish such fidelity
or other bonds as may be required by the Council. All agree-
ments, contracts, leases, deeds, checks and other instru-
ments of the Condominium shall be executed by the President
or the Vice President and the Secretary or the Treasurer
or by such other person or persons as may be designated by
Page 8
SECTION IV. COUNCIL
CONT.
lp.(cont.)the Council. Upon the affirmative vote of a najority
of the members of the Council, any officer may be removed
either with or without cause and his successor may be
elected and vacancies in any office may be filled at any
reg',ular meeting of the Council called for such purpose.
Nothing herein contained shall prohibit a Council member from
becoming an officer.
11. Coml ensation of Officers. The President and Vice President
sha 1 not receive any compensation for their services, e~:-
cep,t reimbursement of out-of-pocket expenses but may be cam-
pen~sated for services rendered in any other capacity. The
Secretary and Treasurer may be compensated for their ser-
vic~es if the Council determines that such compensation is
appropriate.
SECTION V. METING OF THE UNIT OWNERS
1. Annual Meetin~c. Annual Meetings of the Unit Owners shall.
e el as provided in Sectian IV, Paragraph 3 above.
2. Special Meetin s. It shall be the duty of the President
to ical a special meeting of the Unit Owners, if so directed
by a resolution of the Council or upon petition signed and
presented to the Secretary of not less than 33-1/3ti in the
aggregate of all Unit Owners, ar as provided in Sectian IV
{3). The natice 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 except as
stated in the notice.
3. Pla a of Meeting. The meeting of the Unit Owners shall be
hel at the principal office of the Condominium or at such
other suitable place convenient to the Unit Owners as may be
designated by the Council.
4. Not"ice of Meetings. The Secretary shall mail a natice for
eac annual or special meeting of the Unit Owners at least
seven (7) but not more than tcaenty (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
mai~.ed 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
manlier herein provided shall be considered service of natice.
S. Vote ng Lists. R complete register of the Unit Owners, the
proportionate interest of each Unit Owner and the last known
_ ~
Page 9
SECTION V. MEETING OF THE UNIT OWNERS
CONT .
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 geriod of two (2} days prior
to any meeting.
6. Proxies. Every Unit Owner entitled to vote at a meeting of
Uni
Owners may authorize another person or persons to act
for him by proxy. Every proxy shall be executed in writing
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 gi~ren to the Secretary of. the Condominium. No unrevoked
proxy skull be valid after eleven (11) months from the date
of its execution, unless a longer time is expressly provided
therein, but in no event shall a proxy, unless coupled with
an interest, be voted on after three (3} years from the date
of .its execution. A proxy shall not be revoked by the death
or incapacity of the maker unless before the vote is counted
or the ~.uthority is exercised, written notice of such death
or incapacity is given to the Secretary of the Condominium. A
Unit Owmer shall not sell his vote or execute a proxy to
any person far any sum of money or anything of value. A proxy
in favor of a creditor of a Unit Owner and such a proxy shall
be valid so long as the debt awed by him to the creditor re-
mains unpaid.
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 to
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 c~!f 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 majori-
ty of Unit Owners present at such adjourned meeting shall
be binding upon all Unit Owners far all purposes.
_ _
Page 10
SECTION V. MEETING OF THE UNIT OWNERS
CONT.
8 . Conduct of the Meetings . The artier of business at the an-
nual'..meeting of the Unit Owners or at any special meeting
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. Vatit~g. With respect to the affairs of the Candorninium,
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
Elemeents as set Earth in the Declaration, Schedule "B". How-
ever'., the Owners} of any unit may not split the votes al-
loca'ted to each unit but must cast them as one block an any
particular vote and only one Owner of any unit may cast the
votes appurtenant thereto on any question. If a unit is held
by a corporation, a duly authorized officer of such corporation
shal',l be entitled to exercise the appurtenant voting rights.
If a unit is held in a fiduciary capacity, the fiduciary and
not the beneficiary shall be entitled to exercise the appur-
tenant voting rights.
10. Ballots and Proxies. The ballot box shall not be opened
nor any ballots tallied until all voting is complete. Bal-
lots and proxies shall be retained for a period of thirty
{30) days following each vote, and shall be available for in-
spection by each Unit Owner or his duly authorized attorney.
11. Majgrity •of Votes. The affirmative vote of the owners of a
majcbrity in interest of the votes represented at a meeting
at which a quorum shall be preseht shall be binding upon
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/Gammon Elements. All maintenance
_ _
Page 11
~~CTION VI. MAINTENANCE, REPAIR & ALTERATIONS OF PROPERTY
CONT.
1.(cont.) of and reg~air to any units, structural or non-structural
ordinary dr 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 ~Cammon Elements and Limited Common Ele-
ments (exicept where such duty is specifically imposed upon
a Unit Owlner) , 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 ar 'treasurer.
Maintenance b~ Unit Owners.
(a) Except for the maintenance requirements herein imposed
upon the Council, the Owner of each Condominium unit shall,
at the OV~ner'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 locaNted on or in any balcony or patio appurtenant to such
unit, any fireplace flue or flues serving the fireplace in
such Ownler'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 eyuipment,
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, ithat if the Owner of a Unit being served by a fire-
place f~.ue does not make repairs (i} immediately upon being
notified of an emergency or situation threatening im-
mediate;damage, or (ii) within thirty (3~) days from
written... notice in cases not involving an emergency or
threat d~f immediate damage, then the Owner of the Unit
through: which the .flue extends or the Council, upon re-
quest b~ such Owner, may make such repairs, and the costs
thereof,, including attorneys fees and collection costs,
shall bie enforceable against the Owner of the unit being
served by the flue to the same extent and in the same manner
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 and be
resp{~nsible 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,
prov~.ded however, such maintenance, repairs and replacements
as may be required to bring water, electricity, heating
oil and gas to such unit shall be furnished by the Council
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 Qr of a guest, other occupant or visitor (whether
authorized or unauthorized) of such Unit Owner, damage shall
be caused to the General or Limited Common Elements or to
a un~.t or appurtenance awned by another, or if resulting
therefrom, maintenance, repairs or replacements shall be re-
quired which would otherwise be a Common Expense, then such
Unit Owner shall pay for such damage and be liable for any
damar~es, 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 Cade of Regulations
and the rules and regulations adopted by the Council.
(d) To the extent that equipment, facilities and fixtures
within any unit{s) shall be connected to similar equipment,
facilities or fixtures affecting ar serving other unit(s)
or the Common Elements, then the use thereof by the indivi-
dual Unit Owners shall be subject to this Code of Regula-
tion~ and the rules and regulations adopted by the Council.
The muthorized representatives of the Council, or the mangy--
ger or managing agent for the Council, shall be entitled
to reasonable access to the individual unit(s) as may be re-
quired in connection with maintenance, repair or replace-
ment of or to the Common Elements or any equipment, facili-
ties or fixtures affecting or serving other unit(s) or such
Cammbn Elements.
4. Exte for
C^ hanges. Unit Owners shall not have any right to
oca*e signs upon, paint or otherwise decorate or change
the appearance of any portion of the exterior of the Build-
ing Yn 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
Caundil.
SECTION VII. ~OMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES
1. Comm~in Cha des .
(a) Each Unit Owner shall pay to the Council a monthly sum
{herd and elsewhere sometimes referred to as "Gammon Charges")
equal to one-twelf th of the Unit Owner's proportionate share
~ _ J____ _
Page 13
SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND TtESE RVES
CONT.
l.(a){cont.)of the sum required or established by the Council to meet
the annual Common Expenses and, if imposed by the Council,
to establish the operating and/or capital improvement or re-
placement reserves.
(b) The Council shall determine the amount of the Common
Charges annually, but may do so at more frequent intervals
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 in ad-
vance of such date or period and shall, at that time, pre-
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 upon
reasonable notice to the Council. Written notice of the
Common Charges shall be sent to each Unit Owner. The omission
of the Council before the expiration of any assessment per-
iad shall not be deemed a waiver or modification of the pro-
. visions of this Section, or a release of any Unit Owner 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 continue
in full force and effect until the new Common Charges are
established. No Unit Owner may gain exemption from liability
fore 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 Charges author-
izeid 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, unexpected re-
pair or replacement of any capital improvement located on
or in the Condominium Property, including the necessary fix-
tur'es and personal property related thereto, or for such
other purposes as the Council may consider necessary or appro-
priate.
3. Reslerve for Replacements. The Council may establish and main-
tain a reserve f^und~or the repair, restoration or replace -
ment of capital improvements by the allocation of payment
monthly to such reserve fund of any portion of the Common
Chalrges or Spacial 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 or 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 replacement 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 far the contingencies of a non-recurring
nature. The amounts allocated to the replacement reserve
may be reduced, by appropriate resolutions of the Coun-
cil, upon the accumulation in such replacement reserve of
a sum equal to twenty percent (20~) of the full replace-
ment value of the Condominium Common Areas as such full
replacement value is annually determined by the Council
f4~r casualty insurance purposes. The proportionate inter-
eat 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 which it
appertains and shall be deemed to be transferred with such
Condominium unit.
4. _Ngan-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 when due
shall be delinquent and shall, together with interest there-
o~h and the cast of collection thereof, as hereinafter pro-
vded, thereupon become a lien upon the Condominium unit
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,
swccessors and assigns. The lien may be perfected as pro-
vided by law. The personal liability and responsibility of
tlne Unit Owner to pay such Common Charge or Assessment shall,
hWwever, remain his personal legal obligation, and the
Council may maintain actions at law to recover sums due, or
f Qr damages associated therewith, or in equity for injunc-
tive or such other relief as is available.
(b) Any Common Charges or Assessments levied pursuant to the
Declaration or this Code of Regulations, or any installment
thereof, which is not paid within ten (10) days after 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
bti~t in no event more than the maximum permitted legal rate,
amd 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
t4 said Unit Owner, in either of which events interest, cost
amd reasonable attorney's fees of not less than twenty-five
percent (25$} of the sum claimed shall be added to the amount
oi; each Common Charge or Assessment. The Council shall not-
ify the holder of any mortgage on any Condominium unit far
wtZich any Assessment levied pursuant to this Code of Regula-
_ _ _ _ _ _ _ _ r_
lr
Page 15
SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES
CONT.
4.(b)(cont.} tions becomes delinquent for a period in excess of
thirtty (30) days and in any other case where the Owner of
such Condominium unit is in default with respect to the
perf'wrmance of any other obligation hereunder for a period
in elxcess of thirty (30) days. 50 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 ether 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 Cvun-
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 by
registered or certified mail, whichever shall first occur.
5. Excess of Common Charges or Assessments. In any year in
whidh there is an excess of Assessments or Common Charges
received over amounts actually used for the purposes des--
criibed 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 Assess-
ment or Common Charges; (b) be placed in a specifically
allocated reserve for replacement of capital assets; or
{c) be refunded to the Unit Owners. If election is made
to refund excess Assessments or Common Charges, such refund
shall be divided among all the Unit Owners in proportion to
their respective undivided interest in the Common Elements.
SECTION VIII. ADDITIONS, ALTERATIONS OR INIPROVEAtENTS BY THE COUNCIL
Whenever, in the judgment of the Council, Common Areas shall require
additions, al~.erations or improvements casting in excess of $10,000,
said alteratipns or improvements shall not be made unless they have
been approved by the Owners at a meeting at which a quorum is present.
When said approval has been obtained, all Unit Owners shall be assessed
for the cost 'thereof as a Special Assessment. In the event any emer-
gency which could cause damage to any building(s) or part(s) thereof,
the Council mlay expend sums in excess of $10,000 to protect said build-
ing(s) or part(s) and the judgment of the Council shall be final.
SECTION IX. ADDITIONS, ALTERATIONS OR IA'iPROVEMEPJTS BY THE UNIT OvJNER
No Unit Owner'shall make any structural addition, structural partitign
or wall changle or structural alteration or improvement in or to his
unit without 'prior written consent of the Council and, if required in
Page 16
5ECTION IX. ADDITIONS, ALTERATIONS OR IMPROVEbSENTS 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 Ot~ner for
approval of a proposed structural addition, alteration or improvement
in such Unit lOwner's unit within thirty (30) days after such request,
and failure to do so within the stipulated time shall constitute a con-
sent by the Clouncil to the proposed structural addition, alteration or
improvement.
SECTION X. ELECTRICITY, GAS, WATER AND HEATING
Electricity sihall be supplied by the public utility company serving the
area directly to each unit through a separate meter for each unit,
and each Unite... Owner shall be required to pay the bills for electricity
consumed or wised by his unit and in the Limited, Common Elements serving
his unit. Sejwers are supplied by Upper Allen Township directly to
each unit and each Unit Owner shall be required to pay the bills far
his unit. Thle electricity and sewers serving the general Common
Elements and Facilities shall be metered and the Council shall pay all
utility bills for electricity consumed therein ar sewer service thereto
as a Common Expense. The utility or other charges for water, gas, 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 sake 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 for 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 agree.
In the event the future units are not all constructed, and the Declara-
tion is amendbd 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. LIABILITX OF COUNCIL MEMBERS AND OFFICERS
1. Neither the Council Members nor the Condorinium Officers
shall be liable to the Unit Owners for any mistake of judg-
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 liability to
others arising from contracts made by the Council on behalf
of the Condominium unless any such contract shall have been
~ _ _ _ _
Page 17
SECTION XII. LIABILITY OF COUNCIL MEMBERS AP7D OFFICERS
CONT.
2.(cont.) made in bad faith or contrary to the provisions of the De-
claration or of this Cade of Regulations, and the members
of the Council shall have no personal liability with respect
thereto. It is understood and permissible far the original
Council members, who are individuals appointed by the Sponsor,
to Contract with the Sponsor and affiliated entities with-
out being charged with self-dealing. The liability of any
Unit Owner arising from any contract made by the Council shall
be Jimited to such proportion of the total liability there-
under as his interest in the Common Elements bears to the in-
terests of all the Unit Owners in the Common Elements. Every
agreement made by the Council, or by the managing agent or
manger on behalf of the Council, shall provide that the mem-
ber~ 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
thefeunder 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, and each
for~er Council member and officer of the Condominium, shall
be ndemnified by the Condominium Unit Owners against the
costs and expenses reasonably incurred by him in connection
withh the defense of any pending or threatened action, suit
or g~roceeding, criminal or civil, to which he is or may be
made a party by reason of his being or having been such
Council member or officer at the time of incurring such costs
and expenses), except with respect to matters as to which
he shall be adjudged in such action, suit or proceeding to be
liable for misconduct or bad faith in the performance of his
duty as such Council member or officer. In case of the
setltlement of any action, suit or praceeding in which any
Cou~?ci1 member or officer of the Condominium, or any former
Council member or officer of the Condominium, is made a party
or which may be threatened to be brought against him by rea-
son'of his being or having been a Council member or officer
of the Condominium, he shall be indemnified by the Unit Owners
against the costs and expenses (including the cost of settle-
ment) reasonably incurred by him in connection with such
act',ion, suit or proceeding (whether or not he as a Council
mem~aer or officer did not misconduct himself or was not negli-
gen',t in the performance of his duty as such Council member or
officer with respect to the matters covered by such action,
suit or proceeding), and cost to the Condominium of indemni-
fyi,ng such Council members or officers (and all other Coun-
cil. members and officers, if any, entitled to indemnification
hereunder in such case} if such action, suit or proceeding
were carried to a final adjudication in their favor could
Page 18
SECTION XII. LIABILITY OF COUNCIL MErIBERS AND OFFICERS
CONT.
3.(cont.) reasonably be expected to exceed the amount of costs and
expenses to be reimbursed to such Council members and
officers as a result of such settlement, ar (b) disinter-
e~sted Unit Owners entitled to exercise a majority of the
voting power shall, by vote at any annual or special meeting
o~ the Unit Owners, approve such settlement and the reim-
bursement to such Council member or officer of such costs
and expenses. The phrase "disinterested members" shall mean
a3.1 Unit Owners other than (i) any Council member or officer
of the Condominium who at the time is or may be entitled to
indemnification pursuant to the foregoing provisions, (ii)
any corporation or organization of which any such Council
member or officer owns of record or beneficially ten percent
(10$) or more of any class of voting securities, (iii) any
firm of which such Council member or officer is a partner,
and (iv} any spouse, child, parent, brother or sister of any
such Council member or officer. The foregoing rights of index
nification shall inure to the benefit of the heirs and legal
representatives of each such Council member or officer, and
shall not be exclusive of other rights to which any Council
member or officer may be entitled as a matter of law or und~
the Declaration any vote of Unit Owners or any agreement.
SECTION XTII. INSURANCE
1. Cpvera e. The Council shall obtain and maintain, on behalf
o and for the benefit of the Unit Owners, insurance cov-
erage as set forth in paragraphs 2 through 6 hereof. A11
insurance affecting the Property shall be governed by the
provisions of this Section.
2. P~hYsical Damage. All buildings and improvements (as defined
in paragraph 3 hereof), and all of the personal property
owrned 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 personal
property, far 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 carriers,
writing the Council's policies for the purpose of deter-
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 afford
proi~ection 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 the
following provisions:
(i) Waivers by the insurer of.riyhts 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 carried
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 Council;
(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 mortgagees
of units and for the allocation of their several
interest to specific units;
_ _
Page 20
SECTION XIII. INSURANCE
CONT.
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 $10,00D shall be
paid to the Council and proceeds for losses over
$10,000 shall be payable to the Trustee (see
paragraph lI, 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 the
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 far any
reason be effected without at least ten (10) days
prior written notice to each Unit Owner and all
holders of any mortgages permitted hereunder; and
(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 ar any Owner without
prior demand in writing that the Council or such
Owner cure the def ect and without providing a rea-
sonable period of time thereafter in which to cure
same.
3. Definition. When the insurance under paragraph 2 hereof 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;
~
Page 21
SECTION XIIT. INSURANCE
CONT.
3.(cont.) (c) Piaterial and supplies intended for use in construc-
tion, alteration ar 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 ou t-
doar furniture (but not including other personal property
in the units furnished by the Unit Owners).
4. Casualty and Liability Insurance. To the extent available,
the Council shall obtain and maintain comprehensive general
liability insurance in such limits as the Council may from
titaze to time determine, insuring the Council, the Officers,
th'e Manager (at the discretion of the Council) and each Unit
Owner for claims arising out of ar in connection with the
ownership, operation or maintenance of any of the Property,
exicluding however, Unit Owner liability coverage far claims
arising in connection with that portion of the Property used
avid occupied exclusively by a particular Unit Owner. Such
comprehensive general liability insurance shall also cover,
to the extent such insurance is available, cross liability
claims of one insured against the other. The Council shall
review such limits once a year.
5. Diirectars and Officers Liability Insurance. To the extent
available, the Council shall obtain and maintain a compre-
hensive general liability insurance policy in such limits as
the 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), for
claims arising out of ar in connection with the management,
operation or maintenance cif any of the Property, such policy
shill insure the Council members and Officers against any mis-
take of judgment, negligence or otherwise, except for their
own individual willful misconduct or bad faith.
Workmen's Compensation Insurance. The Council shall obtain
and maintain Workmen's Compensation Insurance, if necessary,
to meet the requirements of the laws of the Commonwealth of
Pennsylvania.
7. Oter Insurance. The Council is authorized to obtain and
ma"ntain such other insurance or bonds as it shall determine
frmm time to time to be desirable.
_ _
Page 22
SECTION XIII. INSURANCE
CONT.
8. Insurance b U nit Owners. Unit Owners shall not be pro-
s ite rom carrying insurance for their own benefit pro-
vided that all such policies shall contain waivers of
subrogation against all other parties insured by the com-
prehensive general liability insurance of Paragraph #4, and
further provided that the liability of the carriers 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 Council
hereunder be brought into contribution with insurance pur-
chased by individual Unit Owners or their mortgagees.
9. Filing of Individual Policies-. Each Unit Owner shall file
any individual policies of insurance (excluding policies
restricted to personal property) with the Council within
thirty (30) days after purchase thereof. The Council shall
maintain the file thereof. .
10. Premiums. Premiums ,upon insurance policies purchased by
the Council shall be paid as a Common Expense.
11. Trustee. All insurance policies purchased by the Council
shall be for the benefit of the Council, the Unit Owners anc
their mortgagees, as their interests may appear, and shall
provide that all proceeds covering property losses under
$10,000 shall be payable to the Council and all proceeds
covering losses in excess of that amount shall be paid to
a bank with trust powers, insured by an agency of the Unites
States, or to such other person or entity as is acceptable
to the Council, anc? the insurance carrier, which trustee is
herein referred to as the "Trustee". The Trustee shall not
be liable for payment of premiums nor for the renewal or tht
sufficiency of the policies, nor for the failure to collect
any insurance proceeds. The duty of the Trustee shall be
to receive such proceeds as are paid and to hold the same
in trust for the purposes elsewhere stated herein, and for
.the benefit of the Council, the Unit Owners and their mort-
gagees in the following shares:
(a) Common Elements. Proceeds on account of damage 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. n roceeds on account of damage to Units shall
be he d in the following undivided shares:
(i) When a building is to be restored--for the Owners
of damaged units in proportion to the cost of repairing
_ II`-___
Page 23
SECTION XIII. INSURANCE
CON T . '
11.{b)(i){cant.) the damage suffered by each Unit Owner, which
cost shall be determined by the Council. (Damage
suffered by a Unit Owner shall not be deemed to in-
clude damage to any items specifically excluded from
insurance coverage, pursuant to the provisions of
paragraph 2 hereof).
(ii) irlhen a building is not to be restored--an indi-
vidual share for each Unit Owner, such share being the
same proportion as the Unit's percentage of ownership
of undivided interests as set forth in the Declaration,
bears to the total percentage of ownership of the
units not to be restored.
(c) Mortgagees. In the event a mortgagee endorsement has
been issued, ith respect to a particuJ.ar unit, the share
of the Unit Owners shall be held in trust for the mortgagee
and.. the Unit Owner as their interests may appear; provided,
haw~ever, that no mortgagee shall have the right to determine
or ~aarticipate in the determination as to whether or not any
damaged property shall be reconstructed or repaired.
12. Distribution of Insurance Proceeds by Trustee. Proceeds of
' insurance policies received by the Trustee shall be distri-
but~d to or for the benefit of beneficial owners in the fol-
lowing manner:
(a) Expense of the Trust. All expenses of the Trustee
shall be first paid or provision made therefor.
{b) Reconstruction or Repair. If the damage for which
the.. proceeds are paid is to be repaired or reconstructed, the
remaining proceeds shall be paid to defray the cost thereof
in accordance with the provisions of Section XIV below. Any
proceeds remaining after defraying such costs shall be dis-
tributed to the beneficial owners, remittance to Unit Owners
and their mortgagees being payable jointly to them. This
proctision shall be deemed a covenant far the benefit of any
mortgagee of a unit and may be enforced by such mortgagee.
(c) Failure to Reconstruct or Repair. If it is determined
in the manner provided in Section XIV that the damage for
which the proceeds are paid shall not be reconstructed or
repa~,ired, the remaining proceeds shall be distributed to the
ben~'ficial owners, remittances to Unit Owners and their
mar~,gagees being payable jointly to them. This provision shall
also be deemed a covenant for the benefit of any mortgagee
of a unit and may be enforced by such a mortgagee.
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 tiolc]
of mortgages of record.
13. Council as Owner's Agent. The Council is hereby irrevocabl
appointed agent for each owner of a mortgage or other 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 7~IV. REPAIR OR RECONSTRUCTIOtd
1. Dama a or Destruction.
(a Repair. Except as otherwise provided by law or hereir
damage to or destruction of any of the buildings camprisinc
the Property shall be promptly repaired and restored by
Council using, to .the extent available the proceeds of ire
surance held by the Council or the Trustee for that purpose
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 proparti~
to their respective undivided interests in the Common Elem~
The Council shall be responsible far accomplishing the ful
repair or reconstruction which shall be paid from the in-~
surance proceeds and assessments as above provided. Unit
Owners may apply the proceeds from their individual insura
policies, if any to the share of such assessments. The Co
cil shall be responsible far restoring the Property only t
substantially the same condition as it was immediately pri
to the damage, and each Unit Owner shall personally 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 restored unit or
the Common Areas, ar both, the Council shall record an
amended Declaration Plan encompassing such changes pursuan
to its power of attorney contained in Article XIV of the
Declaration.
(b) Termination. Notwithstanding anything contained in
this Section XIV to the contrary, if
(i) there is substantially total destruction of one.
or more of the buildings comprising part of the Condc
Page 25
SECTION XIV. REPAIR OR F.ECONSTRUCTION
CONT.
1.(b){i){cont.) minium Property, the existence of which condition
shall be conclusively determined by a unanimous vote
of the Council members rendered within thirty (30) days
after the damage, and by the concurrence of the insurers
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 votes
of all said Unit Owners directly affected thereby duly
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 restora-
tion, then, and in those events only, the destroyed
portions of the Condominium Property shall be remoued
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 proper
recording of a statement of termination not less than
thirty (30) days after the determination to terminate
the Condominium farm of ownership of such Property. Upon
the termination of the Condominium form of ownership,
the salvage value of the Property shall be subject to
partition at the suit of any Unit Owner, in which event
the net proceeds of sale, together with the net proceeds
of insurance policies held by the Council or the Trustee,
shall be considered as one fund and shall be divided
among all Unit Owners in proportion to their respective
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. Ri t of First Refusal. Notwithstanding anything contained
in '~ection XIV to the contrary, the Condominium form of
ownership of destroyed Condominium Property will not be ter--
min~ted, in spite of a decision by the Unit Owners directly
afflicted by such damage or destruction to terminate the
Condominium farm of ownership pursuant to Section XIV (1) (b)
hereof, if the remaining Unit Owners of the undamaged building
or I~uildings, if any, comprising part of the Condominium
Property entitled to cast in excess of fifty percent (50$)
of the votes of all such remaining Unit Owners, with the
content of all the holders of mortgages permitted hereunder
on their units, within thirty {3D) 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, an behalf of the Unit Owners, to purchase all,
but,not less than all, of the units in the damaged building
or buildings and (ii) also offer in writing, through the
Page 26
SECTIO[~ XIV. REPAIR OR RECONSTRUCTIUid
CONT.
2.(cont.) Council, to purchase the units of all remaining dissenting
Unit Owners who voted against purchasing such damaged units
for a purchase price equal to the then current value of the
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 writin~~
to purchase the damaged units and the units of the dissenting
Unit Owners pursuant hereto, the Unit Owners of the damaged
units and the dissenting Unit Owners shall be obligated to
accept such offer and to cooperate in the cansunmation of
the sale of their units as hereinafter provided. The persons
who are .remaining Unit Owners acting as a group shall have
the right, at the group's option, (to be exercised in the
offer to purchase the damaged units and the units of dissen t
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 to
this Section XIV (2) which is good and marketable and free
of all liens and encumbrances except for such liens or en-
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 subject 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 encumbrances
and deducting from the purchase price the sum necessary to dis-
charge all such liens or encumbrances. If the remaining
Unit cJwners elect to have the Council purchase tlZe damaged
units, the Council shall be entitled to receive all net in-
surance proceeds of the Council's insurance policies attri-
butable to the damaged units, which proceeds shall be applied
to pay the purchase price of the damaged units and the des-
troyed unit, and shall be deducted from the purchase price
payable by the Council. If the net insurance proceeds are insuf°
ficient to pay the aggregate purchase prices of all damaged
units, such deficiency shall be assessed against the remain-
ing Unit Owners as a Common Expense. The expense of pur-
chasing the units oL dissenting Unit 04m ers shall be assessed
against the remaining Unit Owners as a Gommon Expense. The
Council may borrow all or part of the funds necessary to
effect any such purchase and may create a mortgage against
the unit(s) to secure such indebtedness. All closings pursuant
to this Section XIV shall be held not later than the later
of ( i ) sixty ( 60 } days following the Cou~lcil's receipt of
all insurance proceeds, or (ii) sixty (60) days after the
remaining Unit Owners shall have voted not to terminate the
Condominium form of ownership.
Page 27
SECTION XIV. REPAIR OR RECONSTRUCTION
CON T .
3. Unit Owners Directly Affected Thereby. For purposes of
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 destruction of
.part or all other Property by the power, or a power in the
nature, of eminent domain or by the action or deed in lieu
of condemnation, shall be considered to be included in the
term "damage or destruction" for purposes of this Section
XIV, and the proceeds of the eminent domain taking shall
be treated in the same manner as insurance proceeds. When-
ever all or part of the Common Elements shall be taken,
injured or destroyed by eminent domain, each Unit Owner shall
be entitled to notice thereof and to participate in the pro-
ceedings incident thereto, but in any proceedings for the
determination of damages, such damage shall be determined for
such taking, injury or destruction as a whole and not for
each Unit Owner's interest therein.
SECTION XV. MISCELLANEOUS
1. Examination of Books. Each Unit Owner, together with his
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, Financin Purchase of Units b Council. Acquisition of
units by the council on behalf of a 1 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 assessment
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 together
with the appurtenant interests thereto. Notwithstanding any
rights of the Council under this paragraph or under any other
provision of these Regulations, the Council and/or the
Condominium cannot at any time hold title to more than ten
percent (10~) of the total number of units in the Condominium.
3. Annual Audit. The Council shall submit the boo}cs, records
anc~ memoran a 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
n_. _ _
Page 28
SECTION XV. h1ISCELLANEOUS
CONT.
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 Condominium's
expense, at the time the Sponsor turns control of the Council
aver to the Unit Owners.
4. Notices. All 11ot1C('S 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 manay-
ing agent if there be a managing agent. All notices to any
Unit Owner shall be sent by first class mail, postage pre-
paid, to the unit address, or to such other address as may
have been designated by the Owner from tune to time in writ-
ing to the Council. All notices shall be deemed to have
been given ~vhen 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 of Regu-
lations shall not impair or affect in any manner the enforce-
ability or effect of the balance of the Code of Regulatians.
6. S~Taiver. No restriction, condition, obligation or covenant
contained in these Regulatians shall be deemed to have
been ahrogated or waived by reason of the failure to en-
force the same irrespective of the number of violations or
breaches thereof which may occur.
7. Documents. Council shall, upon request of any Unit Owners,
and upon payment by such Unit Owner of the reasonable charges
therefor, provide to the Unit Owner for delivery to pro-
spective purchasers copies of the audited financial state-
ments of the Condominium far the preceding two (2) years;
copies of the Declaration, Declaration Plan and Code of
Regulations, including any amendments thereto; and copies
of any engineering or architectural studies or examinations
performed within two (2) years preceding the request concern-
ing the building(s), Common Elements or any components thereof
8. Leases. Notwithstanding any provision hereof to
the contrary, a Unit Owner may not lease less than his entire
unit, and may not lease his unit for a period of less than
thirty (30) days, without the prior written approval of
Council, which approval may be withheld by Council in its
sole discretion.
SECTION XVI. CONb'LICTS
These Fegulation~ are intended to comply with the requirements of the
Unit Property Act of the Commonwealth of Pennsylvania. In the case
_-rid-
Page 24
SECTION XVI. CONFLICTS
CONT.
of any conflict between these Regulations and the provisions of the
Unit Property Act, the Declaration or any other law, statute or regu-
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 ~ Y~ day of
1979 .
WITNE SUN ILD COND MINIUM
By.
B ~/,v~, ~ }
Y~
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTX OF CUMBERLAND
On this day of ~~,Q-c~Q/YY1 +~'f/CJ , 1979 , before me,
a Notary Public, personally appeared
, ~ ~
who acknowledged themselves to be all the members of the Council of
the SUNGUILD CONDOMINIUM and acknowledged that they adopted and exe-
cuted the foregoing Cade of Regulations for the purposes therein con-
tained .
WITNESS my hand and notarial seal the day and year aforesaid.
to Pu lic
My Commission Expires:
JACQUELINE 1. BI}4N5ER, NDtARY PUBLIC
( SEAL ) SLATE COLLEGE 13QR0. CCNIHf l'411P~iY
h1Y CfiMF,11SS1~N LXfIRC5 OC1. 3, 1983
f~temt~r, Pcnnsy°°{varuu it~;n~'I~.'I CI PlOtaneg
JOINDER OF MORTGAGEE
Cambria Savings and Loan Association of Johnstown, Cambria
County, Pennsylvania, mortgagee of the property made subject to the
Sunguild Candaminium, 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.
ATTEST: CAMBRIA SAVINGS AND LOAN ASSOCIATION
S 'cretar (Vice ) Pres id'ent
( SEAL) /
COMMONWEALTH OF PENNSYLVANIA }
~ SS:
COUNTY OF CAMBRIA / )
7 ~ ~ ~
On this, the day of /(~i.~~..~ ~ ~c~~-'~ , 1979 , before
me, a notary -p~u-blic, the undersigned officer, personally appeared
/~'~:if.,icJ ~ /u~..~~L~ , who acknowledged himself to be
U
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 the
purposes therein contained by signing the name of the association by
himself as Vice President.
IN V7ITNESS WHEREOF, I have hereunto set my hand and official
seal.
Notary Public
My Commission Expires:
(SEAL ) }•.pREtd L. rJikRTlh:, t!^!~'Y public
Johr...to:.r~. C..ro~:~. C..
~Ay Commission ExpirE~ June 21, 19&Z
_ _ _ _ _
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NINENTH JUDICIAL DISTRICT
E_.....
COMMONWEALTH OF PENNSYLVANIA ~
-i7
SUNGUILD CONDOMINIUM ASSOCIATION ~
-c ~ -v c:~
. c~
. iv
Plaintiff,
vs. ~ l.~ ~,V
JOHN M. FRANCIS, IV, No. 1 a
Defendant.
PRAECIPE FOR
ENTRY OF APPEARANCE
To Prothonotary:
Kindly enter my appearance as counsel for Plaintiff, Sunguild Condominium Association.
Papers may be served at the address below appearing.
HERRICK, FEINSTEIN LLP
By: r~?1
ELLEN M. GOODMAN, ESQUIRE
Supreme Court I.D. No. 306608
Attorneys for Plaintiff
210 Carnegie Center
Princeton, New Jersey 08540
egoodman@herrick.com
tel. 609.452.3800
fax. 609.520.9095
Dated: September 4, 2012
HF 7647066v.1 #15967/0009
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2 OCT 16 AM 9. 0 1
.DUI S -lkkLf tlL) GU J i ,l
r'I7W4SYIA?ANIA
Sunguild Condominium Association Case Number
vs.
John M. Francis, IV 2012-5616
SHERIFF'S RETURN OF SERVICE
10/11/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: John M. Francis, IV, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant John M.
Francis, IV. Request for service at 560 Valley Road, Unit 11, Summerdale, Pennsylvania 17093 is
vacant. To date The Summerdale Postmaster has been unable to provide a good forwarding address for
the Defendant.
SHERIFF COST: $49.45 SO ANSWERS,
t "" a?-_."_-
October 11, 2012 RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NINETH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
•
•
Sunguild I/II Condominium
Plaintiff,
•
•
•
vs.
•
John Francis IV, : No. 12-5616 Civil Term w d ,
-� �
Defendant, • r c
-r)
N
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Kindly mark the COMPLAINT against John Francis IV in the above-captioned matter
WITHDRAWN upon payment of your costs only.
Select Property&Assoc. Management
By:
Ma '- Simpson
Col -ctions Manager
Aut orized Agent for Plaintiff
100 d N. Prince Street.
Lane. - PA 17603
tel. 717.735.8252
Dated: December 12, 2013 fax. 717.735.2207