DECLARATION
TWELVE OAKS AT HAMPTON, a Planned Community
ARTICLE I
SUBMISSION; DEFINED TERMS
Section
1.1 Declarant; Property; County; Name. TWELVE OAKS ASSOCIATES,
L.P., a Pennsylvania limited partnership (“Declarant”), owner in fee simple
of the Real Estate described on Exhibit "A" attached hereto and
incorporated herein by reference, located in Hampton Township, Allegheny
County, Pennsylvania, hereby submits the Real Estate, including all
easements, rights and appurtenances thereunto belonging, the improvements
erected or to be erected thereon and the Buildings to be erected thereon
(collectively, the "Property") to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa. C.S.A. §5101 et seq. (the "Act"), and
hereby create with respect to the Property a flexible planned community, to
be known as "Twelve Oaks at Hampton" (the "Community").
Section 1.2
Easements and Licenses. Included among the easements, rights and
appurtenances referred to in Section 1.1 above are those recorded easements
and licenses, affecting the Real Estate, which are listed on Exhibit "B"
attached hereto and incorporated herein by reference, and all easements
referenced in Article III herein.
Section 1.3 Defined Terms.
1.3.1 Capitalized terms not otherwise defined
herein shall have the meanings specified or used in the Act.
1.3.2 The following terms are used or defined
in general terms in the Act and shall have specific meanings herein as
follows:
a. “Additional Real Estate”
means the real estate which may be added to the Community. The Additional
Real Estate is shown on Exhibit “C” attached hereto and incorporated
herein.
b. "Association" means the
Unit Owners' Association of the Community and shall be known as the "Twelve
Oaks at Hampton Homeowners Association."
c. "Common Elements" means
all real estate within the Community which is owned by or leased to the
Association, but not including any Units. Common Elements in the Community
include, but are not limited to: entranceway with lighting and signage, open
space and any detention ponds, all as shown on the Plats and Plans.
d. "Common Expenses" means
expenditures made and financial liabilities incurred by the Association,
together with all allocations to reserves.
e. "Declarant" means the
Declarant described in Section 1.1 above and all successors to any Special
Declarant Rights, as herein defined and as defined in the Act.
f. "Declaration" means this
document, as the same may be amended from time to time.
g. "Executive Board" means
the Board of Directors of the Association.
h. "Identifying Number" means
the number assigned to the Unit for address and other purposes, which shall
be unique for each Unit in the Community.
i. "Unit" means that portion
of the Community designated for separate ownership or occupancy for which an
occupancy permit has been issued, the boundaries of which are described in
this Declaration and in the Plats and Plans.
j. "Unit Owner" means
Declarant or such other person(s) or entity(ies) which holds title to one or
more Units in the Community, including Class A Unit Owners and Class B Unit
Owners. The term does not include a person(s) or entity(ies) having an
interest in a Unit solely as security for an obligation.
1.3.3 The following terms when used herein shall have the meanings set
forth below:
a. "Building(s)" means any
building(s): i) constructed on a Unit by or at the direction of the Unit
Owner; or ii) constructed on the Common Elements by or at the direction of
the Declarant and/or the Association and included or to be included in the
Property.
b. "Bylaws" means the Bylaws
of the Association in effect at any time, as the same may be amended from
time to time.
c. "Class A Member" means: i)
the Declarant for so long as the Declarant owns at least one Unit in the
Community; and ii) every Class A Unit Owner, who shall, upon becoming a
Class A Unit Owner, become a Class A Member of the Association. If more
than one person or entity is a Class A Unit Owner for the same Unit, all
shall be Class A Members of the Association, with such voting rights as are
provided herein in the Bylaws of the Association.
d. "Class A Unit Owner"
means: i) the Declarant for so long as the Declarant owns at least one Unit
in the Community; and ii) all other owners of a Unit other than the Class B
Unit Owner.
e. "Class B Member" means
Heartland Homes, Inc., or its successor, until such time as the Class B Unit
Owner either sells the Unit to a Class A Unit Owner or is converted to a
Class A Unit Owner, as provided herein. Membership rights for the Class B
Member shall be as are provided in Section 2.3 hereof and in the Bylaws of
the Association.
f. "Class B Unit Owner"
means Heartland Homes, Inc., or its successor, which shall own a Unit solely
as a contractor with the intent of constructing a single family residential
Building thereon for sale to a third party.
g. "Community" means the
Community described in Section 1.1 above.
h. “Development Charge” means
the charge assessed by the Developer against the Association for the
acquisition and development of the Common Elements, causing the same to be
in compliance with all environmental regulations, and maintaining the same
prior to transfer to the Association. The Common Elements subject of the
Development Charge will be transferred to the Association without charge.
i. “Easement Agreement”
means the Easement Agreement between the Association and the Twelve Oaks at
Hampton Condominium Association (“Condominium Association”), pursuant to
which members of the Condominium Association shall be able to use the open
space and walking trails Common Elements of the Association, and shall
benefit from the signage and lighting at the entranceway, and shall share in
the costs of maintaining those Common Elements.
j. "Percentage Interest"
means the undivided ownership interest of each Class A Unit Owner in the
Common Elements appurtenant to each Unit, as set forth in Exhibit "D"
attached hereto and incorporated herein by reference, as the same may be
amended from time to time.
k. "Plats and Plans" means
the Plats and Plans attached hereto as Exhibit "E" and incorporated
herein by reference, as the same may be amended from time to time.
l. "Property" means the
Property described in Section 1.1 above.
m. “Rules and Regulations"
means the Rules and Regulations adopted by the Association from time to time
and governing the Property.
ARTICLE II
ALLOCATION OF PERCENTAGE INTERESTS, VOTES AND
COMMON EXPENSE LIABILITIES; UNIT IDENTIFICATION
AND BOUNDARIES; CONVERSION OF MEMBERSHIP
FROM CLASS B TO CLASS A; MAINTENANCE
RESPONSIBILITIES; VOTING RIGHTS
Section 2.1 Percentage Interests/Voting Rights.
2.1.1 Each Class A Unit Owner
shall have a Percentage Interest in the Common Elements which shall be the
same as the Percentage Interest for all other Class A. Unit Owners.
Attached as Exhibit "D" hereto is a list of all Units by their
Identifying Numbers and stating the Percentage Interest associated with such
Unit.
2.1.2 The Percentage Interest
shall determine the share of the Common Expenses for which each Unit is
liable, except as set forth in paragraph 2.1.3 herein. The Percentage
Interest may change upon the combining of any Units or upon the addition of
the Additional Real Estate. The formula for determining the Percentage
Interest of each Unit upon the combining of Units or addition of the
Additional Real Estate is 100 divided by A = B where A is the number of
Units in the Community and B is the Percentage Interest.
2.1.3 The Class B Unit Owner has
no Percentage Interest in the Common Elements.
Section 2.2 Conversion of Unit Ownership from Class B to Class A.
2.2.1 The Class B Unit Owner shall
only remain as a Class B Unit Owner for each Unit which it purchases until
the earlier of: i) resale of the Unit to a third party after construction
of a single family residential Building thereon; or ii) eighteen (18) months
after becoming a Class B Unit Owner of that Unit.
2.2.2 If the Class B Unit Owner
has not satisfied the conditions stated in subsection i) of paragraph 2.2.1
for a Unit it has purchased at the expiration of said eighteen (18) month
period, it shall automatically become a Class A Unit Owner as to that Unit,
subject to all rights and obligations of Class A Unit Owners thereafter.
Since the Class B Unit Owner will be purchasing all of the Units, it may be
a Class A Unit Owner as to some Units which have failed to sell within the
eighteen (18) month period, and a Class B Unit Owner for other Units which
it has not yet owned for eighteen (18) months.
2.2.3 Any person purchasing a Unit
from the Class B Unit Owner after issuance of an occupancy permit for the
single family residential Building thereon shall be a Class A Unit Owner.
Section 2.3 Voting Rights. Each Unit owned by a Class A Unit
Owner shall have a single vote in the Association. Units owned by the Class
B Unit Owner shall not have voting rights, but the Class B Unit Owner shall
be given notice of all meetings of the Association, and a representative of
the Class B Unit Owner shall have the right to attend and speak at all such
meetings.
Section 2.4 Unit Boundaries. The title lines or boundaries of
each Unit are situated as shown, or to be shown, on the Plats and Plans.
Section 2.5 Maintenance Responsibilities.
Notwithstanding the ownership of the various portions of the Common Elements
and the Units by virtue of the foregoing boundary descriptions, the Units
and Common Elements shall be maintained and repaired by each Unit Owner and
by the Association in accordance with the provisions of §5307 of the Act,
except as expressly set forth to the contrary herein. All maintenance and
repair work relative to the
Units shall be the responsibility of the Unit Owner. All
maintenance and repair of the Common Elements shall be the responsibility of
the Association. Notwithstanding the foregoing, if any maintenance, repair
or replacement of a Common Element is necessitated by the negligent or
intentional act of the Unit Owner or anyone in the Community at the
invitation of the Unit Owner, the cost shall be borne solely by that Unit
Owner. Similarly, if any such maintenance, repair or replacement work is
necessitated by the negligent or intentional act of a member of the
Condominium Association or anyone in the Community under the Easement
Agreement, the person responsible and/or the Condominium Association shall
bear the costs of such work.
Section 2.6 Relocation of Unit
Boundaries; Subdivision and Conversion of Units. The Declarant reserves
the right to relocate boundaries between Units, and to combine Units at any
time prior to the sale of all Units. Relocation of boundaries between Units
and subdivision or conversion of Units will be permitted subject to
compliance with the provisions therefor in §§5214 and 5215 of the Act.
Subdivision or conversion of Units by the Declarant pursuant to §5215 of the
Act may not result in fewer than forty-seven (47) Units, nor more than
fifty-one (51) Units total.
ARTICLE III
EASEMENTS
Section 3.1 Additional Easements.
In addition to and in supplementation of the easements provided for by
§§5216, 5217 and 5218 of the Act, the following easements are hereby
created:
3.1.1 Offices and Models.
Declarant shall have the right to assign to the Class B Unit Owner the right
to maintain sales offices, management offices and models throughout the
Property, on its Unit(s). Declarant reserves the right to place one or more
management offices and sales offices on any portion of the Common Elements,
and/or on any Unit owned by Declarant, in such manner, of such size and in
such locations as Declarant deems appropriate. Declarant or its assignee
may from time to time relocate models, management offices and sales offices
to different locations within the Common Elements and Units owned by the
Class B Unit Owner. Declarant shall have the right to remove any such
models, management offices and/or sales offices from the Common Elements
and/or Units at any time up to thirty (30) days after Declarant or its
assignee, as appropriate, ceases to be a Unit Owner.
3.1.2 Utility Easements.
The Units and Common Elements shall be, and are hereby, made subject to
easements in favor of the Declarant or its assigns, appropriate utility and
service companies and governmental agencies or authorities for such utility
and service lines and equipment as may be necessary or desirable to serve
any portion of the Property. The easements created in this Section 3.1.2
shall include, without limitation, rights of Declarant, or the providing
utility or service company, or governmental agency or authority to install,
lay, maintain, repair, relocate and replace gas lines, pipes and conduits,
water mains and pipes, sewer and drain lines and equipment servicing the
same, telephone wires and equipment, television equipment and facilities
(cable or otherwise), electric wires, conduits and equipment and ducts and
vents over, under, through, along and on the Units and Common Elements.
Notwithstanding the foregoing provisions of this Section 3.1.2, unless
approved in writing by the Unit Owner(s) affected thereby, any such easement
through a Unit shall be located either in substantially the same location as
such facilities or similar facilities existed at the time of first
conveyance of the Unit by the Declarant, or so as not to materially
interfere with the buildable area of a Unit or the use or occupancy of the
Unit by its owner.
3.1.3 Declarant's Easement to Correct Drainage.
Declarant reserves, for itself and its assigns, an easement on, over and
under the Common Elements and portions of any Unit not within the buildable
space for the purpose of maintaining and correcting drainage of surface
water in order to maintain reasonable standards of health, safety and
appearance. The easement created by this Section 3.1.3 expressly includes
the right to cut any trees, bushes, or shrubbery, to grade the soil, or to
take any other action reasonably necessary to achieve this purpose,
following which Declarant, or its assigns, shall restore the affected
property as close to its original condition as practicable.
3.1.4 Easements for
Encroachment. To the extent that any Unit or Common Element encroaches
on any other Unit or Common Element, a valid easement for the encroachment
exists. To the extent that storm water from a Unit is directed or collected
into a receptor in another Unit or Common Element, including gutters and
downspouts, a valid easement for the storm water exists.
3.1.5. Easement for Use of Common Elements. Each Unit Owner and
his or her lessee is hereby granted a non-exclusive perpetual right and
easement of access to and enjoyment in common with others of the amenities
and recreational facilities constituting the Common Elements of the
Community. The rights and easements of access and enjoyment created hereby
shall be subject to the right of the Association to adopt Rules and
Regulations governing the use of the Common Elements, including a rule
setting fees for such use.
3.1.6. Easements for Pedestrian and Vehicular Traffic. The Common
Elements shall be, and are hereby made subject to, an easement in favor of
the Unit Owners and their invitees, tenants and servants, the Executive
Board and the agents and employees of the Executive Board (i) for pedestrian
traffic on, over, through and across sidewalks as the same may from time to
time exist, and (ii) for pedestrian and vehicular 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.
3.1.7. Easements for Maintenance and Repair. The Common Elements
shall be and are hereby made subject to the following easements (in addition
to any other easements set forth herein) in favor of any Unit or Units for
which such easements are necessary: (a) for the installation, repair,
maintenance, use, removal and/or replacement of pipes, ducts, electrical
wiring and cable television lines and all of the utility lines and conduits
which are part of the Unit and which pass across or through a portion of the
Common Elements; and (b) in favor of the Executive Board for inspection of
the Units for the purpose of verifying performance by Unit Owners of all
items of maintenance and repair for which they are responsible, for
inspection and maintenance of the Common Elements situated in and or
accessible from such Unit, for correction of emergency conditions in each
Unit or casualties to such Common Elements and/or Units and for any of the
purposes set forth herein or in any other Condominium Document. The
Executive Board shall take reasonable steps to minimize the interference
with the Unit Owners use of his or her Unit resulting from the Association's
exercise of rights granted to it pursuant to this Section or any other
provision of this Declaration or any other Condominium Unit; and (c) in
favor of the Common Elements benefited, for the installation, repair,
maintenance, use, removal and/or replacement of pipes, ducts, electrical
wiring and cable television lines 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.
3.1.8. The Easement Agreement.
3.1.9. The stormwater easement between the Association and the Twelve Oaks
at Hampton Condominium Association for the collection, retention and
disbursal of stormwater.
3.1.10. Miscellaneous.
3.1.10.1. All easements and
rights described and mentioned in this Declaration are easements
appurtenant, running with the Property, Units and Common Elements,
perpetually in full force and effect, and at all times shall inure to the
benefit of and be binding upon Declarant, its successors and assigns, the
Executive Board, and Unit Owner, purchaser, mortgagee and any other person
having an interest in said Property, Units, Common Elements or any portion
thereof.
3.1.10.2. The Units and the
Common Elements shall be, and are hereby made subject to easements in favor
of Declarant or its designee to come upon the Property for the purpose of
tying into and using any and all present easements and utilities on the
Property to favor other property owned by the Declarant or its designee and
including herein the right specifically, but without limiting the generality
of the above, of the Declarant or its designee, to use and tie into the gas,
sewer, electric, cable television, water and storm sewer lines presently or
soon to be on the Property hereby described.
ARTICLE IV
AMENDMENT OF DECLARATION
Section 4.1 Amendment Generally.
This Declaration may be amended only in accordance with the procedures
specified in §5219 of the Act, the other Sections of the Act referred to in
§5219 thereof and the express provisions of this Declaration.
Notwithstanding any such procedures, any amendment of the Declaration
affecting the rights of Unit Owners shall require the approval of
sixty-seven percent (67%) of the Unit Owners.
Section 4.2 Rights of Secured Lenders.
Subject to the limitations imposed by §5221 of the Act and except as set
forth below, no amendment of this Declaration may be made without the prior
written approval of all record holders of first mortgages on Units if and to
the extent that such approval is required by the Act. In addition, any
published requirement of the Federal National Mortgage Association, or its
successors (collectively "FNMA") or of the Federal Home Loan Mortgage
Corporation, or its successors (collectively "FHLMC") with respect to
approval of amendments to the Declaration by holders of mortgages on Units
shall be complied with if, at the time such amendment is submitted to the
Unit Owners for their approval, one or more mortgages on Units is held by
whichever of FNMA or FHLMC imposes such requirement and the Executive Board
has been notified in writing that a mortgage is held by the entity imposing
such requirement.
ARTICLE V
USE RESTRICTIONS
Section 5.1 Use and Occupancy of Units
and Common Elements. The construction on Units, and the occupancy and
use of the Units on which construction has been completed, and the occupancy
and use of Common Elements shall be subject to the following restrictions,
covenants, rules and regulations of the Association and the Bylaws, not in
conflict with the provisions of this Declaration, concerning the use and
enjoyment of the Property, which may be amended from time to time by the
Executive Board, subject to the right of the Association to change such
rules and regulations. Copies of the then current rules and regulations and
any amendments thereto shall be furnished to all Unit Owners by the
Executive Board promptly after the adoption of such rules and regulations or
any amendments thereto. Initial Rules and Regulations are as follows:
5.1.1 No part of the Property
shall be used for anything other than housing for residential purposes for
which the Property was designated except as otherwise provided.
5.1.2 No structure, building or
improvement may be constructed on the Common Elements except as is or will
be consistent with the use of the Common Elements for the recreation and
enjoyment of the members of the Association. The Common Elements may not be
subdivided or developed for any use inconsistent with this Declaration. The
Association shall not have the right to sell, assign or transfer any rights
in the Common Elements, or any woodlands thereon.
5.1.3 No structure may be erected or maintained
on any Unit other than a detached single family dwelling and its appurtenant
garage, and any in ground swimming pools. Above-ground pools are
prohibited. Notwithstanding the foregoing, the Declarant or its assigns may
erect and maintain model, sample or display homes, real estate offices and
real estate advertising displays and devices on any Units.
5.1.4 No Unit Owner shall permit
his or her Unit to be used or occupied for any prohibited purposes.
5.1.5 Except as reserved by the
Declarant, its successors and assigns, no industry, business, trade,
occupation or profession of any kind, commercial, religious, educational, or
otherwise, designated for profit, altruism, exploration or otherwise, shall
be conducted, maintained or permitted on any part of the Property which
would require employee or customer parking or any amenities which a business
open to the public would typically require.
5.1.6 Except as to the Declarant
and its assigns, no signs, advertising or other displays shall be maintained
or permitted on any part of the Property, with the exception of political
signs during an election period, so long as the same are removed within
three (3) days after the election and are not installed sooner than
twenty-one (21) days before the election. The right is reserved by the
Declarant or its agent or agents to place "For Sale" or "For Rent" signs on
any unsold or unoccupied Units, and on any part of the Common Elements. A
Unit Owner attempting to sell his or her Unit may place a "For Sale" sign
outside his or her Unit which is no larger than permitted under local zoning
ordinances.
5.1.7 No Building shall be erected, placed or
altered on any Unit until the Building plans, home designs, blue prints,
specifications and plot plan showing the location of the Building shall have
been reviewed as to the conformity and harmony of the Building to the other
external structures on the Property and as to the location of the Building
with respect to topography and finished ground elevation, and approved in
writing by a committee comprised of James C. Rumbaugh, Marty Gillespie and
Jill Allan, or by a representative designated by a majority of the members
of said committee. Such approval shall not constitute a warranty, express
or implied, as to the Building. In the event of death, or resignation of
any member of the above-mentioned committee, the remaining member or members
shall have full authority to approve or disapprove such design and location
or to designate a representative with like authority. In the event said
committee or its designated representative fails to approve or disapprove
such design and location within thirty (30) days after said plans and
specifications have been submitted to it and if no suit to enjoin the
erection of such Building or the making of such alterations has been
commenced prior to the completion thereof, such approval will not be
required and this covenant will be deemed to have been fully complied with.
Neither the members of such committee nor its designated representative
shall be entitled to any compensation for services performed pursuant to
this covenant. The powers and duties of such committee and of its
designated representative shall cease on the earlier of seven years from the
date hereof or the date all Units are owned by Class A Members; provided,
however, that the Declarant may request the Executive Board at any time to
appoint a committee, or itself serve as such committee, to be a successor to
the committee appointed by the Declarant, and upon appointment of such
committee by the Executive Board, a written instrument shall be duly
recorded evidencing the transfer of responsibility for such review to the
Association.
5.1.8 No trailer or tent shall be
placed on any Unit, other than trailers placed on the Property by Declarant
or its agents during the period when construction is occurring in the
Community. No shed or storage building may be erected on any Unit without
the prior written consent of the committee named in paragraph 5.1.7 or its
successor, as to the size, layout, materials, screening, and other aspects
of construction and design. No structure other than the Building shall be
erected on any Unit nearer to a street on which said Unit abuts than the
nearest wall of the Building erected thereon.
5.1.9 There shall be no
obstruction of the Common Elements, nor shall anything or any structure be
stored in or on the Common Elements without the prior consent of the
Executive Board, except as herein expressly provided, and other than
obstructions created or placed by Declarant or its agents during the period
when construction is occurring in the Community.
5.1.10 No fence shall be erected on
any Unit without the written consent of the committee named in paragraph
5.1.7 or its successor Association and no fence shall be built to a height
greater than four feet (4') unless required by the ordinances of Hampton
Township, Allegheny County, and approved as to aesthetics by that same
committee or its successor.
5.1.11 All driveways and walkways
installed on a Unit shall be composed of asphalt, concrete, brick or other
equivalent material, and shall be completed within twelve (12) months of
issuance of an occupancy permit for the single family residential Building
on the Unit. All lawns on Units shall be seeded by the Owner within six (6)
months of issuance of an occupancy permit for the single family residential
building on the Unit. All Units shall be appropriate landscaped, including,
for each Unit, at least two (2) shade or street trees. Other landscaping
shall be typical for the Property in the Community.
5.1.12 Nothing shall be done or kept
in any Unit or in the Common Elements which will increase the rate of
insurance on the Property or contents thereof, applicable for residential
use, without the prior written consent of the Executive Board.
5.1.13 No Unit Owner shall permit
anything to be done or kept in the Unit, or in the Common Elements which
will violate any law, statute, ordinance or regulations of any governmental
body or which will result in the cancellation of any insurance maintained by
the Unit Owner or the Executive Board. No waste shall be committed in the
Common Elements.
5.1.14 No obnoxious or offensive
activity shall be carried on in any Unit or in the Common Elements, nor
shall anything be done therein, either willfully or negligently, which may
be or become an annoyance or nuisance to the other Unit Owners or legal
occupants of a Unit.
5.1.15 No clothes, sheets, blankets,
laundry or other articles of any kind shall be hung out or exposed on any
portion of the Property, including any Unit and any part of the Common
Elements. The Common Elements and Units shall be kept free and clear of
rubbish, debris and other unsightly materials.
5.1.16 No Unit Owner, nor anyone in
a Unit with the permission of the Unit Owner, shall operate any machines,
appliances, accessories or equipment in such manner as to cause, in the
judgment of the Executive Board, an unreasonable disturbance to others.
5.1.17 The walks and entrances to
the Units, and all of the Common Elements must not be obstructed or
encumbered or used for any purpose other than ingress and egress to and from
a Unit or the Common Elements.
5.1.18 No radio or television
aerial, antenna, wiring and/or satellite dish greater than one meter in
diameter shall be installed on any Unit without the written consent of the
committee named in paragraph 5.1.7 or its successor. The Association may
remove, without notice, any aerial, antenna, wiring and/or satellite dish
erected or installed in violation of this Declaration and/or the Rules and
Regulations. The Unit Owner for whose benefit the installation was made
will be liable for the total cost of removal of such aerial, antenna, wiring
and/or satellite dish.
5.1.19 No improvements, such as hot
tubs, jacuzzis, etc., may be affixed to or installed in any Unit without
prior written consent of the committee named in paragraph 5.1.7 or its
successor.
5.1.20 No commercial trucks,
commercial trailers or commercial vans, boats, boat trailers, campers or
similar vehicles may be parked in the Community for more than the time
required to make a delivery or pick-up from a Unit. Motorcycles and
recreational vehicles may be parked in Unit garages, but may not be parked
in outdoor areas of the Community for more than two (2) consecutive hours or
four (4) total hours in any twenty-four (24) hour period. Only minor
repairs taking less than twenty-four (24) hours, may be made to automobiles,
recreational vehicles or motorcycles in any of the driveways of a Unit, and
the owner of such Unit shall be responsible for any damage done to Common
Elements as a result of any such repair work.
5.1.21 The Association and each
member thereof, the Executive Board and the Declarant, for so long as it
shall own one or more Units, shall have the right to prosecute any person
violating or attempting to violate these use restrictions at a proceeding at
law or in equity to prevent such violation or continuation of such
violation.
5.1.22 The committee named in paragraph 5.1.7 above
and its successor shall have the right and authority to waive, change,
alter, add to or modify any of the use restrictions contained in those
paragraphs of this Section 5.1 over which it has authority in respect to all
of the said Units or in respect to any one or more of said Units, provided
(a) such waiver, change, alteration, addition or modification shall be made
or granted prior to the earlier of seven years from the date hereof or the
ownership of all units by Class A Unit Owners and (b) such waiver, change,
alteration, addition or modification shall be in writing setting forth the
conditions and limitations pursuant to which it has been approved.
5.1.23 All Units shall be maintained
in good condition, with the lawns regularly mowed and trimmed, all
landscaping properly maintained, and no weeds permitted to grow unchecked.
5.1.24 No Unit Owner shall permit
any dumping to occur on his or her Unit.
5.1.25 No Unit Owner shall permit
any unlicensed and/or uninsured vehicle to be stored on his or her Unit
unless it is stored at all times in the Unit Owner’s garage.
5.1.26 If a Unit or any portion
thereof or any of the Common Elements is damaged or destroyed by fire or
other calamity and the Unit Owner and/or Association, as appropriate, is not
required to rebuild the same under the Act or the rules and regulations of
the Association, the Unit Owner or Association, as appropriate, shall be
required to remove the damaged area and restore the land to its
pre-construction condition to the extent possible.
5.1.27 Only household domestic pets
not bred or maintained for commercial purposes will be permitted in a Unit
and on the Property; provided that no more than two (2) such non-aquatic
pets are permitted per Unit. In no event shall any pet be permitted in any
outside area to run freely and all such pets must be kept on a leash (no
longer than six feet in length) and under supervision at all times. In no
event shall any pet be permitted to be chained, tied or otherwise restrained
to any portion of the Common Elements. No lines, chains, doghouse or other
pet shelters shall be permitted on any portion of the Common Elements. All
pets must be properly licensed and vaccinated. No Unit owner shall permit
his animal to disturb any other Unit Owner. If any pet becomes a nuisance to
any of the Unit Owners, then upon written application to the Executive Board
by any Member of the Association, a hearing shall be held and, if a majority of the Executive Board shall
so vote, the Unit Owner shall be required to remove the pet permanently from
the Property within fifteen (15) days after written notice of the decision
of the Executive Board, if so ordered.
5.1.28 Only mailboxes and lampposts
approved by the committee named in paragraph 5.1.7 or its successor as to
aesthetics and location may be installed on a Unit.
5.1.29 A perpetual twenty-five foot
(25’) conservation setback, measured from the rear Unit line, shall be
established on Units 41-46. No Unit Owner of such Units or any other person
may grade, cut, fill or remove vegetation in that conservation setback
unless, if vegetation removal, the vegetation is diseased or dead, and then
only with the approval of the Executive Committee.
5.1.30. Only white or off-white draperies,
sheers or mini-blinds may be visible in any window from the exterior of the
Unit.
5.1.31.
Unit Owners may only park their vehicles in the garages and
driveways serving their Unit (but not in any portion of the driveway where
access to another Unit’s driveway will be affected). There shall be no
off-street parking. Parking areas constructed throughout the Community
shall be for visitors only and not for parking by Unit Owners.
5.2 Reasonable Rules and Regulations, not in conflict with the
provisions of this Declaration and Bylaws, concerning the use and enjoyment
of the Property, may be promulgated from time to time by the Executive
Board, subject to the right of the Association to change such Rules and
Regulations. Copies of the then current Rules and Regulations and any
amendments thereto shall be furnished to all Unit Owners by the Executive
Board promptly after the adoption of such Rules and Regulations or any
amendments thereto.
ARTICLE VI
LEASING
Section 6.1 A Class A Unit Owner may lease
any Building constructed on a Unit (but not less than his or her entire
Unit) at any time and from time to time provided that (except for a lease
made by (i) Declarant or (ii) a mortgagee which is either in possession or
is a purchaser at judicial sale): (1) no Building constructed on a Unit may
be leased for transient or hotel purposes or for an initial term of less
than one (1) year; (2) no Building constructed on a Unit may be leased
without a written lease; (3) a copy of such lease shall be furnished to the
Executive Board within ten (10) days after execution thereof, but in any
event prior to occupancy of the Unit under said lease; and (4) the rights of
any lessee of the Building constructed on a Unit shall be subject to, and
each such lessee shall be bound by, the covenants, conditions and
restrictions set forth in the Declaration, Bylaws and Rules and Regulations,
and a default thereunder shall constitute a default under the lease;
provided, however, that the foregoing shall not impose any direct liability
on any lessee of a Building constructed on a Unit to pay any Common Expense
assessments on behalf of the Owner of that Unit. The tenant under a lease
with Declarant and/or Class A Unit Owner may sublease that portion of the
Community subject of his or her lease subject to these same conditions,
rights and obligations.
ARTICLE VII
BUDGETS; COMMON EXPENSES; ASSESSMENTS AND ENFORCEMENT
Section 7.1 Common Expenses. Until
such time as the first occupancy permit has been issued for occupancy within
the Community, no Common Expense assessments shall be made. Common Expenses
shall be assessed against all Unit Owners, in accordance with their
Percentage Interests. .
Section 7.2 Monthly Payments. All
Common Expense assessments made in order to meet the requirements of the
Association's annual budget shall be payable in equal monthly installments
in advance on the first day of each month. Special assessments shall be due
and payable in one or more monthly payments, in advance, on the first day of
each month, as determined by the Executive Board.
Section 7.3 Reserve Fund. A Reserve
Fund shall be created by the collection, at closing on each sale of a Unit
to a Class A Member, or other conversion of the Class B Member to a Class A
Member for a Unit, of a capital contribution in an amount determined by the
Executive Board. Additions to the Reserve Fund shall be assessed in such
amounts and at such times as are determined by the Executive Board.
Section 7.4 Priority of Lien. Any
fees, charges, late charges, fines and interest which may be levied by the
Executive Board pursuant to §§5302(a)(10), (11) and (12) of the Act, shall
be a lien on the Unit, having priority as provided in §5315(b) of the Act.
Section 7.5 Surplus. Any amounts
accumulated from assessments for Common Expenses and income from the
operation of the Common Elements to which such Common Expenses pertain in
excess of the amount required for actual Common Expenses may be held by the
Association as reserves for future Common Expenses.
Section 7.6 Assignment of Income Rights.
The Association may assign its rights to future income, including payments
made on account of assessments for Common Expenses, to secure any loan
obtained by the Association for repairs, replacements or capital
improvements to the Common Elements, provided that any such assignment is
authorized by the vote of not less than 75% of the members of the Executive
Board.
Section
7.7 Designation of Common Expenses. The following shall
be Common Expenses:
7.7.1 Expenses of administration, maintenance, repair and replacement of
the Common Elements;
7.7.2. Expenses agreed upon as common by all the Unit Owners;
7.7.3. Expenses declared common by the provisions of the Uniform
Condominium Act, or by this Declaration or the Bylaws or the Rules and
Regulations adopted by the Association;
7.7.4. Insurance premiums for any insurance coverage to be maintained by
the Association as set forth in the Public Offering Statement and the Bylaws
and Rules and Regulations of the Association shall be a Common Expense to be
paid by monthly assessments levied by the Association;
7.7.5. Reserves for repair or replacement; and
7.7.6. The Development Charge.
Section
7.8. Development Charge. The
Association shall be required to pay a Development Charge to Declarant or
its assigns. The Development Charge will be equal to Ten Dollars ($10.00)
per Unit for two hundred forty (240) months ($2,400.00 per Unit total), and
may be paid by the Association annually or more frequently, in the
Association's sole discretion. The purpose of the Development Charge is to
reimburse Declarant for the cost of acquiring and developing the Common
Elements, causing the same to comply with all environmental regulations and
maintaining the Common Elements prior to transfer to the Association. The
Development Charge shall be assessed against Unit Owners as a Common
Expense, and collected in any manner deemed appropriate by the Association.
Section 7.9.
Delegation of Authority; Professional
Management.
The Executive Board may delegate all or any portion of its authority to
discharge its responsibilities to a managing agent. This delegation of
authority and responsibility to a managing agent may be evidenced by one or
more management contracts which may provide for the payment of reasonable
compensation to such managing agent as a common expense, provided, however,
that any agreement for professional management shall be terminable by the
Association for cause on thirty (30) days' written notice; shall be
terminable by either party, without penalty, on ninety (90) days' written
notice; shall not exceed one (1) year unless renewed by agreement of the
parties for successive one-year periods; and shall be bona fide and
commercially reasonable at the time entered into under the circumstances
then prevailing. Costs incurred under such management contract shall be a
Common Expense. Subject to the foregoing, nothing contained herein shall
preclude Declarant, or any other entity designated by Declarant, from being
employed as managing agent.
ARTICLE VIII
DECLARANT'S RIGHTS
Section 8.1 Control.
8.1.1 Until the 60th day after
conveyance of twenty-five percent (25%) of Units to Class A Members other
than Declarant Declarant shall have the right to appoint and remove any and
all officers and members of the Executive Board. Declarant may not
unilaterally remove any members of the Executive Board elected by Unit
Owners other than Declarant.
8.1.2 Not later than 60 days after
conveyance of twenty-five percent (25%) of the Units have been conveyed to
Class A Members other than Declarant, two of the five members of the
Executive Board shall be elected by a group comprised of the Class A Members
of the Association other than Declarant.
8.1.3 Not later than the earlier
of (i) seven (7) years after the date of the recording of this Declaration,
(ii) 180 days after seventy-five percent (75%) of the Units have been
conveyed to Class A Members other than Declarant, or (iii) two (2) years
after Declarant has ceased offering Units for sale, all members of the
Executive Board shall resign, and the Unit Owners (including Declarant to
the extent of Units owned by Declarant but excluding Class B Unit Owners)
shall elect a new five member Executive Board.
ARTICLE IX
MORTGAGES
Section
9.1. Permitted Mortgages. A Unit Owner other than the Declarant
or the Executive Board may not voluntarily encumber or subject his or her
Unit to any lien, other than the lien of a Permitted Mortgage. Whether or
not they expressly so state, all such Permitted Mortgages and the
obligations secured thereby shall be deemed to provide, generally, that the
Permitted Mortgage, and the rights and obligations of the parties thereto,
shall be subject to the terms and conditions of the Act and this Declaration
and shall be deemed to provide specifically, but without limitation, that
the Permitted Mortgagee shall have no right (a) to participate in the
adjustment of losses with insurers or in the decision as to whether or not
or how to repair or restore damage to or destruction of the Property, or (b)
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 within the affected Unit, and the obligation secured
shall be pre-payable, without penalty, upon the happening of any termination
of the Condominium or determination not to restore or replace the affected
Unit. The Secretary of the Executive Board shall instruct the insurer of
the Property to add the name of the Permitted Mortgagee to the mortgagee
loss payable provision of the hazard insurance policy covering the Property
and to provide such Permitted Mortgagee with a Certificate of Insurance
showing that the Permitted Mortgagee's name has been so added. The
Secretary shall maintain a register of such Permitted Mortgages, showing the
names and addresses of the Permitted Mortgagees and the amount secured
thereby.
ARTICLE
X.
RIGHTS OF PERMITTED MORTGAGEES
Section
10.1. Reports and Notices. Upon the specific written request of a
holder of a mortgage on a Unit or its servicer to the Executive Board, the
mortgagee shall be entitled to receive some or all of the following as
designated in the request:
10.1.1. Copies of budgets, notices of assessment, or any other notices or
statements provided under this Declaration by the Executive Board to the
Owner of the Unit covered by the mortgage;
10.1.2. Any audited or unaudited financial statements of the Association
which are prepared for the Association and distributed to the Unit Owners;
10.1.3. Copies of notices of meetings of the Unit Owners and the right to
designate a representative to attend such meetings;
10.1.4. Notice of the decision of the Unit Owners to make any material
amendment to this Declaration;
10.1.5. Notice of substantial damage to or destruction of any Unit (the
repair of which would cost in excess of $5,000.00) or any part of the Common
Elements (the repair of which would cost in excess of $10,000.00);
10.1.6. Notice of the commencement of any condemnation or eminent domain
proceedings with respect to any part of the Property;
10.1.7. Notice of any default by the owner of the Unit which is subject to
the mortgage, where such default is not cured by the Unit Owner within
thirty (30) days after the giving of notice by the Association to the Unit
Owner of the existence of the default;
10.1.8. The right to examine the books and records of the Executive Board
at any reasonable time; or
10.1.9. Notice of any decision by the Executive Board to terminate
professional management and assume self-management of the Property.
The request of a mortgagee or its servicer shall specify which of the above
items it desires to receive and shall indicate the address to which any
notices or documents shall be sent by the Executive Board. The Executive
Board need not inquire into the validity of any request made by a mortgagee
hereunder.
Failure to comply with the requirements set forth above shall in no way
invalidate otherwise proper actions of the Association and the Executive
Board.
ARTICLE XI
LIMITATION OF LIABILITY
Section 11.1 Standard of Conduct. In the performance of their
duties, the officers and members of the Executive Board shall stand in a
fiduciary relation to the Association and shall perform their duties,
including duties as members of any committee of the Board upon which they
may serve, in good faith, in a manner they reasonably believe to be in the
best interests of the Association and with such care, including reasonable
inquiry, skill and diligence, as a person of ordinary prudence would use
under similar circumstances.
11.1.1 In discharging the duties of
their respective positions, the Executive Board members and officers may, in
considering the best interests of the Association, consider the effects of
any action upon employees and upon suppliers of the Association and upon
communities in which the Community is located, and all other pertinent
factors. The consideration of those factors shall not constitute a
violation of the standards described above.
11.1.2 Absent breach of fiduciary
duty, lack of good faith or self-dealing, actions taken as an Executive
Board member or officer or any failure to take any action shall be presumed
to be in the best interest of the Association.
Section 11.2 Good Faith Reliance. In
performing his duties, an officer or Executive Board member shall be
entitled to rely in good faith on information, opinions, reports or
statements, including financial statements and other financial data, in
each case prepared or presented by any of the following:
11.2.1 One or more of the other
officer(s) or employee(s) of the Association whom the officer(s) or
Executive Board member(s) reasonably believes to be reliable and competent
in the matters presented.
11.2.2 Counsel, public accountants
or other persons as to matters which the officer or Executive Board member
reasonably believes to be within the professional or expert competence of
such person.
11.2.3 A committee of the Executive
Board upon which he or she does not serve, duly designated in accordance
with law, as to matters within its designated authority, which committee the
officer or Executive Board member reasonably believes to merit confidence.
An officer or Executive Board member shall not be
considered to be acting in good faith if he or she has knowledge concerning
the matter in question that would cause his or her reliance to be
unwarranted.
Section 11.3 Limited Liability. No
Executive Board member or officer, in his or her capacity as such, shall be
personally liable for monetary damages for any action taken, or any failure
to take any action, unless he or she has breached or failed to perform the
duties of his or her office under the standards described above; provided,
however, that the provisions of this Section 11.3 shall not apply to the
responsibility or liability of an Executive Board member or officer pursuant
to any criminal statute, or to the liability of an Executive Board member or
officer for the payment of taxes pursuant to local, state, or federal law.
Section 11.4 Indemnification. To the
extent permitted under Pennsylvania law, each member of the Executive Board,
in his or her capacity as an Executive Board member, officer or both, shall
be indemnified by the Association against all expenses and liabilities,
including attorneys' fees, reasonably incurred by or imposed upon him or her
in connection with any proceeding in which he may become involved by reason
of his or her being or having been a member and/or officer of the Executive
Board, or any settlement of any such proceeding, whether or not he or she is
an Executive Board member, officer or both at the time such expenses are
incurred, except in such cases wherein such Executive Board member and/or
officer is adjudged to be in breach of the standards of conduct described
above; provided that, in the event of a settlement, this indemnification
shall apply only if and when the Executive Board (with the affected member
abstaining if he or she is then an Executive Board member) approves such
settlement and reimbursement as being in the best interests of the
Association; and provided further that, indemnification hereunder with
respect to any criminal action or proceeding is permitted only if such
Executive Board member and/or officer had no reasonable cause to believe his
or her conduct was unlawful. The indemnification by the Unit Owners set
forth in this Section 11.4 shall be paid by the Association on behalf of the
Unit Owners and shall constitute a Common Expense and shall be assessed and
collectible as such. Such right of indemnification shall not be deemed
exclusive of any other rights to which such Executive Board member and/or
officer may be entitled as a matter of law or agreement or by vote of the
Unit Owners or otherwise.
To the extent permissible under Pennsylvania law,
expenses incurred by an Executive Board member or officer in defending a
civil or criminal action, suit or proceeding shall be paid by the
Association in advance of the final disposition of such action, suit or
proceeding upon the request of the Executive Board member or officer, after
the Association has received an undertaking by or on behalf of such person
to repay such amount if it shall ultimately be determined that he or she is
not entitled to be indemnified by the Association.
Section 11.5 Directors and Officers Insurance. The Executive
Board shall obtain insurance to satisfy the indemnification obligation of
the Association and all Unit Owners set forth in Section 11.4 above, if and
to the extent available at reasonable cost.
ARTICLE XII
OPTION TO ADD ADDITIONAL REAL ESTATE
Section 12.1 Reservation of Option.
Declarant hereby explicitly reserves an option, until the seventh (7th)
anniversary of the recording of this Declaration, to add Additional Real
Estate to the Community from time to time in compliance with §5211 of the
Act, without the consent of any Unit Owner or holder of a mortgage on any
Unit. This option to add Additional Real Estate may be terminated prior to
such anniversary only upon the filing of an amendment to this Declaration by
the Declarant. Declarant expressly reserves the right to add any or all
portions of the Additional Real Estate at any time, at different times, in
any order, without limitation and without any requirement that any other
real estate be added or converted, except as set forth in §5211 of the Act.
There are no other limitations on this option to add the Additional Real
Estate to the Community except as stated herein. Any assurances provided
herein shall be inapplicable if the Additional Real Estate is not added to
the Community.
Section 12.2 Effect on Voting Rights,
Ownership Interests, and Allocation of Common Expenses Upon the Addition of
Additional Real Estate. Contemporaneous with the filing of an amendment
to this Declaration bringing the Additional Real Estate into the Community,
the Declarant shall file an amendment to Exhibit “D” identifying the
Percentage Interest and Unit Number assigned to each Unit in the Community,
including Units to be created in the Additional Real Estate. The Percentage
Interest shall establish the share of Common Expenses assigned to each Owner
of a Unit in the Community, including Units created in the Additional Real
Estate. The Percentage Interests contained on Exhibit “D” attached
hereto will be changed upon the addition of the Additional Real Estate in
accordance with the following formula: Units created in the Property plus
Units created in Additional Real Estate divided by 100. All Units, whether
created in the Property or in Additional Real Estate, shall have one vote in
the Community.
Section 12.3 Compatibility of Units To Be
Created in Additional Real Estate. All Units created in the Additional
Real Estate will be compatible in size, architectural style, quality of
construction, and building materials employed in construction with those
Units to be created pursuant to this Declaration. The Declarant makes no
representations, however, as to where any Units or other improvements will
be located within the Additional Real Estate.
Section 12.4 Applicability of Use
Restrictions. All use restrictions and other restrictions
created herein shall be equally applicable to all Units created in
Additional Real Estate, the same as if such Units had been an original part
of the Community.
Section 12.5 No Other Assurances.
Declarant offers no assurances as to: i) the type and size of any Limited
Common Elements to be created within the Additional Real Estate; and ii) the
proportionate size of any Limited Common Elements to be created within the
Additional Real Estate as compared to Limited Common Elements elsewhere in
the Community.
IN WITNESS WHEREOF, the said Twelve Oaks Associates, L.P. has caused its
name to be signed to these presents by its authorized representative on this
_____ day of __________________, 2003.
Twelve Oaks Associates, L.P.
By:
Twelve Oaks, Inc., General Partner
By:
James C. Rumbaugh, President
