DECLARATION

of

COVENANTS

for

HICKORY HILLS

 

A Planned Community

 

 

 

 

 

Article I

Description of Property Subject to Declarations

            Section 1.01   The Property.  The Declarant is the owner of the common elements of Hickory Hills, real estate located in Foster Township, Luzerne County, Pennsylvania as more fully described in Exhibit “A” by quitclaim deed dated _____________________, __________ and recorded in Luzerne County deed book _______ at page_____, etc., together with the easements, rights and appurtenances belonging thereto.  The Lot Owners own all existing constructed Lots in Hickory Hills and together with the Declarant own all of the property in Hickory Hills.  The Hickory Hills Units and common elements together constitute Hickory Hills (“Hickory Hills” or the “Property”), as those parcels are described in Exhibit A).

Article II

Property remains subject to portions of the

Uniform Planned Community Act; Name

 

            Section 2.01   Declaration of the Property.   The Declarant hereby ratifies, confirms and declares that the Property described in Exhibit “A” and all easements, rights and appurtenances belonging thereto remains subject to the legal standards found in the retroactive provisions of the Pennsylvania Uniform Planned Community Ace, Act No. 1996-180, Pa. C.S.A. § 5101 et seq (the “Act”),

Which Act is incorporated herein by reference as it applies to a planned community created before February 2, 1007, the effective date of the Act.  The Property includes all of the Units and the Common Elements of Hickory Hills.

 

            Section 2.02   Name.   The name by which the Community has been and shall hereafter be identified is Hickory Hills Property Owners Association, Inc.

 

Article III

Definitions

 

            Section 3.01   Definitions.   The following words and terms when used in this Declaration and in the Bylaws of Hickory Hills Property Owners Association, Inc. (the “Bylaws”) are to be defined according to the meanings given by Section 3.01.  Any capitalized term used in this Declaration or in the Bylaws which is not defined in Section 2.01, but which is defined in a retroactive section of the Act, shall have the meaning ascribed to it by the Act.

 

  • “Articles of Incorporation” shall mean and refer to the articles of Incorporation of the Hickory Hills Property Owners Association, Inc., a copy of which is attached hereto and made a part hereof as

 

  •  “Assessments” shall mean those levies, charges, assessments or sums payable by the Unit Owners from time to time upon notification by the Association, as

Provided in this Declaration

 

  • “Association” or “Community Association” shall mean an association of all Unit Owners within the Community, Hickory Hills Property Owners Association, Inc., its successors and assigns.

 

  • “Board of Directors” shall mean the board comprised of the number of natural individuals set by the Board as provided for in the Bylaws who shall be responsible for managing the business, operation and affairs of Hickory Hills on behalf of the Unit Owners in compliance with and subject to the governing documents and the retroactive provisions of the Act.

 

  • “By-Laws” shall mean and refer to the By-Laws of Hickory Hills Property Owners Association, Inc., a copy of which is attached hereto and made a part hereof as Exhibit “C”.

 

  • “Common Elements” shall mean the Common Facilities or Controlled Facilities for Hickory Hills.

 

  • “Common Expenses” shall mean expenditures made by or financial liabilities of the Association, together with any allocations to reserves, and shall include General Common Expenses and Limited Common Expenses.

 

  • “Common Facilities” shall mean all portions of Hickory Hills that are owned by the Association, including, but not limited to, open space, parking areas, driveways, curbs, stairs, retaining walls, as depicted on the Plats and Plans.The term does not include the assets of Hickory Hills Property Owners Association, Inc., and assists of any utility companies.

 

  • “Controlled Facilities” shall mean all real estate within Hickory Hills that is not part of the Common Facilities, and that is regulated by the Association.

 

  • “Declarant” shall mean Hickory Hills Property Owners Association, Inc., a Pennsylvania nonprofit corporation, its successors or assigns.

 

  • “Declaration” shall mean and refer to this Declaration of Covenants, Easements, Conditions and Restrictions and all exhibits attached hereto, as the same may now or hereafter be amended or supplemented.

 

  • “Director” shall mean a member of the Board of Directors.

 

  • “Dwelling” means any residence erected on or to be erected on a Lot.

 

  • “General Common Expenses” shall mean those expenditures for which the Lot Owners are liable as provided in this Declaration, including, but not limited to:

 

  • Expenses of administration, management, operation, maintenance, repair and replacement insurance on the Common Elements, together with any allocation to reserves;

 

  • Expenses or liabilities agreed upon by the Lot Owners as common;

 

  • Expenses not designated as a Limited Common Expense by the provisions of the retroactive sections of the Act, this Declaration or the Bylaws;

 

 

  • “Limited Common Expenses” shall mean any Common Expense benefiting fewer than all of the Units.

 

  • “Limited Common Facility” shall mean all portions of the Common Facilities whichare owned by the Association, other than the Units, for the exclusive use of one or more but fewer than all of the Units.

 

  • “Lot “shall mean a part of Hickory Hills designated for separate ownership or occupancy, whether improved or not.

 

  • “Member” shall mean and refer to a member of the Association, the current members being all unit owners within Hickory Hills.

 

  • “Person” shall mean any natural individual, corporation, Partnership, association, trust or other legal entity or any combination of them.

 

  • “Plats and Plans” shall mean those plats and plans created and recorded at the time of the initial development and sale of Hickory Hills lots, as amended from time to time.

 

  • “Property” shall mean Hickory Hills, the real estate which is confirmed to be subject to this Declaration and to the retroactive provisions of the Act.

 

  • “Recorded” shall mean that an instrument has been duly entered of record in the Office of the Recorder of Deeds in and for Luzerne County, Pennsylvania.

 

  • “Rules and Regulations” shall mean the policies and procedures established from time to time by the Board of Directors.

 

  • “Special Declarant Rights” shall mean all rights reserved for the benefit of the Association as successor Declarant.

 

  • “Township” shall mean Foster Township, Luzerne County, Pennsylvania.

 

 

  • “Lot Owner” shall mean the record owner, whether one or more Persons, of fee simple title to any Lot that is part of Hickory Hills, but excluding Persons having an interest in any Unit merely as security for the performance of an obligation.

 

 

 

Article IV

Applicability

 

            Section 4.01   Applicability.  The Property is subject to the retroactive provisions of the Act, the Bylaws and all Rules and Regulations issued by the Board of Directors of the Association from time to time to govern the conduct of its members and the use and occupancy of the Property.  Ownership, rental or occupancy of any of the Units in the Community shall be conclusively deemed to mean that the Unit Owner, tenant or occupant has accepted and ratified this Declaration, the Bylaws and such Rules and Regulations and will comply with them, as well as with the governing documents for Hickory Hills Property Owners Association, Inc.

 

            Section 4.02  Interpretation of the Act, the Declaration and Bylaws.  In the event of a conflict of interpretation between the provisions set forth in the Bylaws and this Declaration, this Declaration shall govern.  In the event of a conflict of interpretation between the provisions in the Act and in this Declaration, this Declaration shall govern, as required by the Reverse Priority Rule stated in Section 5102(b) of the Act.

 

Article V

Plats and Plans

 

            Section 5.01  Plats and Plans.  The Plats and Plans were previously recorded, as indicated in Exhibit “C”.  The Plats and Plans describe the Property and the location of the Lots.

 

Article VI

Lots

 

            Sect5ion 6.01   Number of Lots.  Subject to the provisions of this Declaration relating to the addition of Lot within the Additional Property, the Community consists of those Lots shown on the Plats and Plans.

 

            Section 6.02 Description of Units.  Each Lot is as shown on the Plats and Plans, which Plats and Plans may be amended from time to time. Except as herein provided, no Lot may be partitioned or subdivided or separated into Lots different from that shown on the Plats and Plans.

 

Article VII

Common Elements

 

            Section 7.01  Common Facilities.  The Common Facilities are described in Section 3.01 and may be shown on the Plats and Plans.  The Declarant reserves the right to designate and create other improvements and Common Facilities on the Property related to undeveloped Units and Common Elements.

 

            Section 7.02 Controlled Facilities.  The Controlled Facilities are described in Section 3.01  The Declarant reserves the right to designate Controlled Facilities in any portion of the Undeveloped Units.

 

            Section 7.03 Maintenance and Repair of the Common Facilities.  The Association shall provide for the current, regular and periodic maintenance, repair and replacement of the Common Facilities.  The cost and expense of the foregoing shall be a General Common Expense, and the Board of Directors shall include in the annual budget of the Association as part of the Assessments reasonable reserves for replacement of the Common Facilities.

 

  • The portion of the lands of the Grantor laid down on the map as streets are not dedicated to public use and title thereto shall remain in the Grantor subject to the right to convey to the association aforementioned with reservations, subject to the right of the Grantor and those claiming under them to use the same for ingress and egress to and from the public roads by the most direct course over the streets shown on said Map, and if and when dedicated for public use shall be made subject to the right of the Grantor to maintain or grant the right to maintain water mains, sewer pipes, street drains, gas mains, fixtures for street lighting, telephone and electric poles, within the lines of such roadways.

  • The restrictions as herein provided shall apply only to the above premises and may be changed by the Grantor when desired by it or its successors, said restrictions being imposed for the benefit of all lot owners and the remaining lands of the Grantor and lands which may be hereafter acquired.

 

            Section 7.04 Use of Common Facilities.  Except as their use may otherwise be limited by this Declaration, the Bylaws or otherwise by the Board of Directors, each Lot Owner, tenant and occupant of a Unit, and the family members and guests of an Lot Owner, tenant and occupant, may use the Common Facilities in common with all other Lot Owners and tenants or occupants of other Lots and their respective family members and guests in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other Lot Owners.

           

  •  

 

            Section 7.05 Alteration to Common Elements by Lot Owner.  No Unit Owner may make any improvements or alterations or do any work to any of the Common Elements.  No Lot Owner shall impair any easement or improvement in the Common Elements without the unanimous consent of the Lot Owners affected and a majority of the Board of Directors.

 

            Section 7.06 Common Expense Liability.  Each Lot Owner covenants and agrees to pay the Association the Owner’s share of the General Common Expenses and all Limited Common Expenses assess against the Owner’s Lot.  The obligation to pay Assessments is a covenant running with the Property, inseparable from each Lot, and any conveyance, lease, devise or other disposition or mortgage or other encumbrance of any Unit shall extend to and include the Assessment liability, whether or not expressly referred to in the instrument effecting any transfer.  No Lot Owner may be exempt from liability with respect to the payments of Assessments by waiver of the enjoyment of the right to use any of the Common Facilities or by abandonment of the Owner’s Lot or otherwise.  The obligation to pay Assessments is absolute and unconditional and shall not be subject to set-offs or counterclaims.  Any Common Expense which benefits fewer than all of the Units shall be assessed exclusively against the Lot benefited.

 

            Section 7.07 Amendment of General Common Expense Liability Allocation.  Except for the development and occupancy of approved but undeveloped Lot s in Hickory Hills, the creation of Lot or Common Elements in the Additional Property as provided in Article VIII hereof, or as otherwise provided in the Act, the allocation of General Common Expenses appurtenant to each Unit shall have a permanent character, shall be inseparable from each Lot and shall not be altered or changed except by the recording of an amendment to this Declaration, duly approved by all of the Lot Owners affected.

 

            Section 7.08 Conveyance or Encumbrance of Common Facilities.  Subject to the retroactive provisions of the Act, the Association may convey or encumber all or a portion of the Common Facilities by the vote of not less than fifty-one percent (51%) of the Lot Owners entitled to vote.

 

            Section 7.09 Obsolescence.  Subject to the provisions of the Act, in the event that the Board of Directors shall determine that any of the Common Facilities is obsolete, the Board of Directors may call for a vote of the Lot Owners to determine whether those Common Facilities should be demolished or replaced.  In the event that fifty-one percent (51%) of the Lot Owners entitled to vote shall determine that those Common Facilities should be demolished or replaced, the costs thereof shall be assessed equally against all of the Lot Owners.

 

 

Article VIII

The Association

 

            Section 8.01 The Association.  The Association is the governing body for all of the Lot Owners and, except as otherwise provided in this Declaration, is responsible for the maintenance, repair, replacement, cleaning, sanitation, management, regulation, operation and administration of the Common Elements.  The duties of the Association shall be undertaken as provided in this Declaration and in the Bylaws, but nothing in them shall be construed so as to preclude the Association from delegating any of these duties to a manager or agent or to any other Person subject to the authority of the Association.  The Common Expenses incurred or to be incurred for the maintenance, repair, replacement, insurance, administration, management, regulation, operation and use of the Common Elements and the making of any additions or improvements thereto shall be assessed by the Association against, and collected from, the Lot Owners in accordance with Article XIII hereof and the Act.

 

            Section 8.02 Membership in Association

 

  • An association of property owners is to be formed and designated by such name as may be deemed appropriate, and when formed, the buyer covenants and agrees that their executors, heirs or assigns, shall be bound by the by-laws, rules and regulations as may be duly formulated and adopted by such association and that they shall be subject to the payment of annual dues and assessments by the same.

 

  • All Lot Owners shall be members of the Association.Membership in the Association shall be limited to the Lot Owners of Hickory Hills.

 

  • Every Lot Owner as a member of the Association shall be entitled to all of the rights and shall be bound by all of the obligations accompanying membership.

 

  • Each member in the Community shall have one (1) vote regardless of the number of Lots owned. When more than one person holds an interest or interests in any Lot, all persons shall be members, and the vote for the Lot shall be exercised as provided in Section 8.03 and in the Bylaws, but in no event shall more than one (1) VOTE BE CAST WITH RESPECT TO ANY Lot.

 

  • Only those Lot Owners in good standing and entitled to vote shall be considered “Unit Owners” for purposes of obtaining a quorum, or determining the percentage of Unit Owners voting on a matter.A Lot Owner shall be deemed to be “in good standing” and “entitled to vote” at any annual meeting or at any special meeting of the Association if, and only if, the Person shall have fully paid all Assessments made or levied against the Unit Owner and against the Lot by the Board of Directors together with all interest, costs, attorneys’ fees, penalties and other expenses, if any, properly chargeable to the Unit Owner and against the Lot Owner’s Lot, no later than the date set by the Board of Directors, and shall have no other violations against the Lot.

 

  • In the event that a Lot Owner shall lease or permit another to occupy the Owner’s Lot in accordance with the provisions of this Declaration, the tenant or occupant shall be permitted to use the Common Facilities of the Community subject to all of the same limitations as would be applicable to the Lot Owner, but shall not vote in the affairs of the Association.

 

  • Every lawful transfer of title to a Lot shall also include membership in the Association and, upon making such transfer, the previous Lot Owner’s membership shall automatically terminate.Except as otherwise expressly provided, membership in the Association may not be assigned or transferred without the transfer of legal title to a Lot and any other attempt to assign or transfer the membership shall be void and of no effect.

 

  • The purchase and ownership of a Lot does not convey or confer upon the purchaser the right, title or interest in and to the lake, stream, swimming pool, building, clubhouse and other types of community facilities and improvements, whether for recreational use or not, or any right, title or interest for purchaser to use, occupy and enjoy said facilities except that purchaser has the right to join the Association and use aforesaid facilities provided that purchaser pays seller all charges when due and complies with all rules and regulations of the Association.

  • Membership in the Association shall automatically terminate when a member sells, transfers or otherwise conveys the member’s Lot.

 

Section 8.03  Certificate of Voting.  If a Lot is owned by one person, the Lot Owner’s right to vote shall be established by the recorded title to the Lot.  If a Lot is owned by more than one Person, the Person entitled to cast a vote for the Lot shall be designated in a certificate signed by all of the recorded owners of the Lot and filed with the Secretary of the Association.  If a Lot is owned by a corporation, joint venture, partnership or unincorporated association, the natural Person who shall be entitled to cast the votes of that Lot shall be designated in a certificate for this purpose, signed by that entity in accordance with its governing documents, and filed with the Secretary of the Association.  The natural Person designated in the certificate shall be known as the “Voting Member.”  A certificate shall be valid until revoked in writing by an Owner of the Lot, or until superseded by a subsequent certificate, or until a change in the ownership of the Lot concerned.

If a Lot is owned by more than one person, the following three provisions are applicable to voting by the Lot:

  • The Lot Owners may, but they shall not be required to, designate a Voting Member.

 

  • If they do not designate a Voting Member, and members of the unit are present at a meeting and are unable to concur in their decision upon any subject requiring a vote, they shall lose their vote on that subject at that meeting.

 

  • Where they do not designate a Voting Member and only one is present at a meeting, the Person present may cast the vote for the Lot without needing the concurrence of the absent Person, just as thought he or she owned the Lot individually.

 

Section 8.04 Board of Directors

 

  • Subject to the provisions of this Declaration and the Bylaws, the Board of Directors shall have general power to act on behalf of the Association.The Board of Directors shall consist of three (3) to thirteen (13) Directors, who shall be elected, removed and replaced from time to time by the Members.

 

Article IX

 

Section 9.01Liability Insurance.The Board of Directors shall obtain or cause to be obtained “broad form” comprehensive general liability insurance including medical payments in such amounts against such risks and with such insurance companies as the Board of Directors shall from time to time determine.

 

 

 

Section 9.02Property Insurance.

 

  • The Board of Directors shall obtain or cause to be obtained blanket “all-risk” hazard insurance coverage covering damage to property, insuring the Common Facilities (“the Insurable Property”).The Board of Directors shall provide written notice to the Unit Owners at least thirty (30) days prior to the effective date of such coverage.The Insurable Property shall be insured in and for the interest of the Association, the Board of Directors, All Lot Owners and their mortgagees, as their interests may appear, in a company or companies acceptable to the standards set by the Board of Directors in an amount equal to the maximum insurable replacement value, as determined annually by the Board of Directors, with an “agreed amount endorsement” or its equivalent and an “Inflation Guard Endorsement” (provided these two endorsements are commonly available and required by prudent institutional mortgage investors in the area of the Community).

  • Each Lot owner of a Dwelling shall insure their Lot in an amount equal to the maximum insurable replacement value.

 

Section 9.03General Insurance Provisions.

 

  • All policies purchased by the Association shall be for the benefit of the Association, the Board of Directors, all Lot Owners, and their mortgagees, as their interests may appear; however, the Association and the Lot Owners shall be named insureds and it shall not be necessary to name each Board of Directors member or each individual Lot Owner.Mortgagee endorsements may be issued upon request.The company or companies with whom the Board of Directors shall place its insurance coverage, as provided in the Declaration, must be qualified and reputable companies, authorized to do business in the Commonwealth of Pennsylvania and rated A by A.M. Best Company, Inc. or a comparable rating.Premiums for such coverage and other expenses related to insurance shall be paid by the Association and charged as a General Common Expense.Al policies shall provide that they may not be cancelled or substantially modified, by any party, without at least thirty (30) days prior written notice to the Association and to each first mortgagee listed in the insurance policies.In addition, policies shall provide for the following: recognition of any insurance trust agreement; a waiver of the right of subrogation against Lot Owners individually and against members of their households; that no act or neglect of any Lot Owner unless acting within the scope of his authority on behalf of the Association, shall void the policy or be a condition to recovery; and that the policy is primary in the event the Lot Owner has other insurance covering the same loss (all of which are generally provided by insurers in the form of a “Special Community Endorsement” or its equivalent).Association insurance policies shall be deposited with the Board of Directors, and shall provide that all insurance proceeds payable on account of loss or damage shall be payable to the Association or any insurance trustee designated for that purpose.The duty of the Board of Directors or any insurance trustee shall be to receive all proceeds as are paid and hold the same for the purposes elsewhere stated in the Declaration, and for the benefit of the Association, the Lot Owners and their respective mortgagees as their interest may appear.

  • The types and amounts of insurance coverage described in the Article IX are minimum amounts.The Board of Directors shall review, at least annually, all insurance coverage carried pursuant to this Declaration to evaluate that coverage with respect to its compliance with the Declaration and good business practices as being reasonably appropriate for projects comparable to Hickory Hills.

 

Section 9.04Proceeds from Property Insurance.

Proceeds from property insurance policies maintained by the Association shall be paid to the Association or a designated insurance trustee.The Association or such trustee shall hold any insurance proceeds in trust for the Lot Owners and lien holders as their interests may appear.

 

Section 9.05Disposition of Insurance Proceeds.

 

  • Any portion of the Community for which the Association or any Lot Owner is required to maintain insurance is damaged or destroyed shall be repaired or replaced promptly by the Association or the Lot Owner, as the case may be, unless:

 

  • The Community is terminated;

  • The repair or replacement would be illegal under applicable law, or

  • Fifty-one percent (51%) of all Lot Owners, and one hundred percent (100%) of the eligible Lot Owners who own a Lot which will not be rebuilt, vote not to rebuild.

 

  • In the event the damage or destruction is repaired or replaced, the following provisions shall apply;

 

  • If the Association is responsible for making the repair or replacement, the Board of Directors shall promptly obtain reliable and detailed estimates of the costs of repairing or replacing the damage or destruction and shall negotiate the contract for the repair or replacement.

  • If the net proceeds of the insurance are insufficient to pay for the estimated cost of repair and restoration of any Common Elements, or for the actual cost thereof if the work has been done, the Board of Directors shall promptly, upon the determination of a deficiency, levy a special Assessment against all Lot Owners based on the Lot Owners General Common Expense Percentage for that portion of the deficiency as is attributable to the Common Elements.

  • No holder of a mortgage on any Lot shall have the right to require the Association to release for application to the payment of the mortgage any insurance proceeds (or funds raised by special Assessments) to the extent the same are not in excess of the costs of the repairs and the replacements.Any insurance proceeds received by the Association remaining after paying all of the costs of the repairs and the replacements shall be distributed to the eligible Lot Owners.

 

  • If any part of Hickory Hills is damaged or destroyed and is not repaired or replaced, the following shall apply:

  • The insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of the Community, as determined by the Board of Directors.

  • The insurance proceeds attributable to any damaged Limited CommonFacilities shall be distributed equally to the eligible Lot Owners of those Lots to which those Limited Common Facilities were assigned.

  • The remainder of the proceeds shall be distributed to the eligible Lot Owners in proportion to their respective General Common Expense Percentage.

 

Article X

Easements

 

            Section 10.01  Utility Services Easements.  The Board of Directors may grant easements for the present and future installation and maintenance, including the right to read meters, service or repair lines and equipment, and to do everything and anything necessary to properly maintain and furnish the following services, which, for the purposes of this Declaration, are defined as “Utility Services”: electric, water, sewer, gas, cable and facilities and appurtenances necessary to the same, which shall apply to the Property.  Nothing contained in this section is intended to create public easements over the Property.  The easements provided for in the Section, if granted, shall be limited to the Person identified in each grant of easement.  Easements for installation and maintenance of utilities and drainage facilities are reserved over the front and rear five (5) feet of each lot. All lots through which a pipe line right of way now passes, or may pass, or whose boundaries are, or may be, within forty feet of the boundaries of such right of way are sold and conveyed under and subject to all easements and rights of way for pipe line or pipe lines as granted by prior owners in the Chain of Title.

 

            Section 10.02  Assignment of Rights.  The rights granted in this Declaration to the Declarant may be assigned by the Declarant.

 

            Section 10.03  Ingress, Egress and Regress.  Each Lot Owner shall have an easement, subject to any Rules and Regulations of the Association, in common with all other Lot Owners to use the roads, parking areas and driveways as a means of ingress, egress and regress to and from the Property and the adjoining roads of Hickory Hills Property Owners Association, Inc.

 

            Section 10.04  Public Easements, Fire, Police, Health, School Buses and Sanitation and other public service personnel vehicles shall have a permanent perpetual easement for ingress and egress over and across the Common Elements in the performance of their respective duties.

           

            Section 10.05 Association and Board of Directors.

           

  • The Association and its Board of Directors, officers, agents and employees, shall have the irrevocable right and easement to have access to each Lot as may be necessary for the inspection, maintenance and repair or replacement of the Common Elements if any repairs are reasonably necessary for public safety or to prevent damage to the Common Elements; or to promote and protect the aesthetics within the Community or to abate any violation of law, orders, Rules or Regulations of the Association or of any governmental authorities having jurisdiction.

  • The Association and the Board of Directors shall have the right to grant permits, licenses and easements over and through the Common Elements for the necessary, useful or proper maintenance and operation of the Community.

 

Section 10.06Easement for Construction.The Association as successor Declarant has the right and privilege without let or hindrance with respect to construction of the approved but undeveloped Lots and Common Facilities in Hickory Hills, to go upon any and all of the Lots and Common Facilities for purposes of construction, reconstruction, maintenance, repair, renovation, replacement or correction of the Lots or Common Facilities (including, without limitation, to change the grade of grounds or to install drainage control devices so as to control possible drainage or runoff of storm water in connection with the development of the Property or adjacent land).

 

Section 10.07Continuing Easements and Declarant Rights.Sections 10.01, 10.02, 10.03, 10.04, 10.05 and 10.06 shall run with the land and inure to the benefit of and be binding upon (as applicable) the Association, each Lot Owner, each mortgagee, lessee, occupant or other person having any interest in any Lot or in the Common Elements at the time of reference.

 

Section 10.08Prior Easements Preserved.Nothing in this Declaration shall terminate, alter, limit, restrict, modify, amend, enlarge, expand, interfere with or adversely affect existing easements, including but not limited to rights of access, egress, ingress, or other similar rights previously granted, excepted, reserved, assigned, designated, noted or described in the Plats and Plans, the deed into the Association for the Property and the Common Facilities, prior deeds, assignments, declarations, and other instruments filed of record, or that appear in the Declaration of Covenants and Restrictions for the Hickory Hills community, in the chain of title of the Property through the date this Declaration is recorded or that otherwise arise by operation of law.All such easements, rights and other interests are specifically preserved.

 

Article XI

Assessment of Taxes

 

Section 11.01Assessment of TaxesEach Lot is and shall be assessed and taxed as a separate parcel of real estate and each Lot Owner is charged with the payment of all taxes, municipal claims and liens assessed, liened or filed against the Owner’s Lot.

 

Article XII

Lot Owner Obligations

 

Section 12.01Assessment Obligation

 

  • Each Lot Owner covenants and agrees to pay to the Association all Assessments including, but not limited to: (i) regular Assessments for General Common Expenses to be made annually (or more frequently if approved by the Board of Directors) due and payable as determined by the Board of Directors based upon the budget of the Association; (ii) special Assessments, which assessments are to be fixed, established and collected from time to time as provided in this Declaration; (iii) delinquency Assessments, as established from time to time by the Board of Directors, against any Lot Owner whose Assessments are delinquent for a period exceeding ten (10) days after the due date (“delinquency Assessments”); (iv) Assessments for Limited Common Expenses; (v) any fines or interest charges; and (vi) Assessments for what may from time to time be determined by the Association to be Common Expenses.

  • The Assessments and costs of collection (including attorneys’ fees and other costs authorized in the Act) shall be a charge on the Lot and shall be a continuing lien upon the Lot from the time each Assessment or costs of collection become due.Each Assessment and costs of collection pursuant to the Act shall also be the personal obligation of the Lot Owner at the time when the Assessment first became due.

  • The Association shall have the right to assess as Limited Common Expenses charges against any one or more Lots to provide services or equipment which are exclusively for those Lots.Except for Limited Common Expenses which are included in the regular Assessments, all Assessments for Limited Common Expenses shall be paid by each Lot Owner within thirty (30) days of receipt of notice from the Association.

 

Section 12.02Amount of Assessments.Each Lot Owner is legally obligated to contribute to the General Common Expenses of the Association providing for the administration and maintenance, replacement and repair of the Common Elements of the Community, the administration and maintenance of the Association and all of its real and personal property, in the amounts as shall be determined by multiplying the General Common Expense Percentage of the Lot by the total General Common Expenses for the Community computed on an annual basis based upon amounts established in the budget prepared by the Board of Directors.Limited Common Expenses shall be assessed in accordance with this Declaration.No Lot Owner may be exempt from contributing toward these expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Owner’s Lot or by set-off or counterclaim.

 

Section 12.03Time of Payment.Except as otherwise provided in this Declaration, payment by the Lot Owner of their share of the expenses aforesaid shall be made at the discretion of the Board of Directors, provided that all regular and special Assessments may be declared by the Board of Directors annually and payable either on a monthly basis or an annual basis.The failure of the Board of Directors to formally declare any such annual Assessment shall result in the regular Assessment for the immediately preceding period being the payment of the Assessment due and payable for the next period.In the event Assessments are not paid as required, the Board of Directors may assess fines, Delinquency Assessments and the costs of collection (including attorney’s fees, court costs, etc.).

 

Section 12.04Effect of Non-Payment of Assessment.Any Assessment or installment (whether for General Common Expenses or Limited Common Expenses) not paid within thirty (30) days after the due date shall bear interest from the due date at the rate not greater than (a) fifteen percent (15%) per annum or (b) the highest rate permitted by the Act.The Association shall have the right to accelerate payment of all remaining proposed installment payments of any Assessments for a period of twelve (12) months including the amount of any special Assessments.The Association may bring an action at law or in equity against the Lot Owner personally obligated to pay the same, or foreclose the lien described in Section 12.05 below against the Lot or do both, or may seek and obtain any other remedy provided at law or in equity.

 

Section 12.05.Lien of Assessments. All Assessments and costs of collection thereof (including attorneys’ fees), shall constitute a lien against said Lot in favor of the Association; provided that Delinquency Assessments, all fines, fees, charges, late charges, interest and costs of collection thereof (including attorneys’ fees) shall be subordinate to the lien of any first mortgage on a Lot.The Association lien shall be effective from and after the time the Assessment or charge becomes due.If the Assessment is payable in installments and one or more installments is past due, the entire unpaid balance of the Assessment becomes effective as a lien from the due date of the delinquent installment.Upon full payment of all sums secured by the lien and a preparation fee, the party making payment shall be entitled to a recordable satisfaction of lien to be prepared and recorded at the Lot Owner’s sole expense.The lien of the Association shall have the priority accorded Association liens by Section 5315 of the Act.

 

Section 12.06Method of Enforcing Collection of Assessments.Any Assessment charged against a Lot, may be enforced by a lawsuit brought by the Board of Directors on behalf of the Association or of the members of the Association in an action at law or equity.Any judgment against the Lot Owner and the Lot Owner’s Lot shall be enforceable in the same manner as is otherwise provided by law.Reasonable attorneys’ fees and court costs incurred by the Board of Directors incident to the collection of any Assessments or the enforcement of any lien, together with all sums advanced and paid by the Board of Directors for taxes and payments on account of superior liens which may be required to be advanced by the Board of Directors in order to protect its lien, shall be payable by the Lot Owner and secured by such lien.

 

Section 12.07Unpaid Assessments at the Time of Execution Sale Against a Lot.

In the event that title to a Lot is transferred by Sheriff’s sale pursuant to execution upon any lien against the Lot, the Board of Directors may give notice in writing to the Sheriff of any unpaid Assessments which are a charge against the Unit, but have not been reduced to a lien, and the Sheriff shall pay the Assessments of which the Sheriff has such notice out of the proceeds of the sale which remain for distribution after payment of all other claims which the Sheriff is required by law to pay (including any claims of the Association given priority by the Act), but prior to any distribution of the balance to the former Lot Owner against whom the execution issued.The purchaser at a Sheriff’s sale and the Lot involved shall not be liable for unpaid Assessments which became due prior to the Sheriff’s sale of the Lot, except as provided under the Act.Any unpaid Assessments which cannot be promptly collected from the former Lot Owner may be reassessed by the Board of Directors a General Common Expense to be collected from all of the Lot Owners involved, including the purchaser or acquirer of title at the Sheriff’s sale, his successors and assigns.To protect its right to collect unpaid Assessments, which are a charge against a Lot, the Board of Directors may, on behalf of the members of the Association, purchase the Lot at Sheriff’s sale, provided that purchase is authorized by the affirmative vote of the majority of the Board of Directors, and if it does so purchase, the Board of Directors shall thereafter have the power to sell, convey, mortgage or lease the Lot, to any person whatsoever.

 

Section 12.08Voluntary Sale of a Lot.Upon the voluntary sale or conveyance of a Lot, or any other transfer of the Lot, by operation of law or otherwise, except a transfer described in Sections 12.07 or 12.09, and a transfer by deed in lieu of foreclosure to a holder of a mortgage, the grantee shall be jointly and severally liable with the grantor for all unpaid Assessments for Common Expenses which are charges against the Lot as of the date of the sale, conveyance or transfer, but that joint and several liability shall be without prejudice to the right of the grantee to recover from the grantor, in the amount of any unpaid Assessments which the grantee may pay, and until any Assessments are paid, they shall continue to be a charge against the Lot that may be enforced in the manner set forth in Section 12.07.Any person who shall have entered into a written agreement to purchase a Lot, however, shall be entitled to obtain a written statement from the Association setting forth the amount of unpaid Assessments charged against the Lot Owner and the Lot, and if the statement does not reveal the full amount of the unpaid Assessments as of the date it is rendered, then after transfer of title neither the purchaser nor the Lot shall be liable for the payment of the amount in excess of the unpaid Assessments shown on the statement.

 

Section 12.09Mortgage Foreclosure.If a mortgagee of a first mortgage of record or other purchaser of a Lot acquires title to the Lot as a result of foreclosure of the first mortgage, or by deed in lieu of foreclosure, the acquirer of title, its successors and assigns, shall be liable only for the share of Common Expenses or other charges by the Association pertaining to the Lot or chargeable to the former Lot Owner which had accrued for a period of no more than six (6) months prior to acquisition of title as a result of the foreclosure.The unpaid share of the charges shall be deemed to be General Common Expenses collectible from all of the remaining involved Lot Owners, including such acquirer, its successors and assigns.

 

Section 12.10Assignment of Assessments.The Association may pledge or assign its right to collect and receive Assessments to a financial institution in order to secure a loan for the financing of the costs of maintaining, repairing or replacing any portion of the Common Facilities, if the Association does not have sufficient reserves to pay the costs of maintenance, repair or replacement.

 

Section 12.11 Lot Owners’ Negligence.Each Lot Owner shall be obligated to reimburse the Association for any expenses incurred by it in repairing or replacing any part or parts of the Common Elements damaged by the Owner’s act, omission or negligence or by the act, omission or negligence of the Owner’s tenants, agents, guests or licensees, promptly upon receipt of the Association’s statement.The required reimbursement shall be considered an unpaid Assessment collectable in any manner provided in this Declaration for unpaid and past due annual Assessments. This includes the cost of cleaning drainage pipes and ditches.

 

Article XIII

Transfer of Lots

 

Section 13.01Transfer of Lots. Any Lot Owner may at any time transfer all rights of ownership in the Owner’s Lot to any other person, and it shall not be necessary to secure the prior consent of any other Lot Owner.However, the Association shall first be given the right to purchase the lot at the same price and upon the same terms and conditions as those being proposed by a bona fide third party purchaser, the Association herein being given the right of first refusal on every lot. All Lot Owners, however, shall comply with the appropriate retroactive provisions of Act that apply to the sale or transfer of a Lot.

 

Section 13.02Payment to Association.At the settlement on each transfer of a Lot each new Owner shall pay to the Association a sum equal to the Annual Assessment on a developed Lot and fifty percent (50%) of the Annual Assessment on an undeveloped Lot.

 

Article XIV

Leasing of Lots:Use Restrictions

 

Section 14.01Leasing of Lots.

           

  • All leases shall provide that the lessee shall be subject in all respects to the provisions of this Declaration, the Bylaws and the Rules and Regulations of the Association, as may from time to time be promulgated by the Board of Directors.The leasing of a Lot shall not affect the liability of the Lot Owner with respect to all obligations under this Declaration, the Bylaws and all Rules and Regulations.

  • In no event shall the lessee be responsible to the Association for any amount of unpaid Assessments.

 

                        Section 14.02  Use Restrictions.  Each Lot shall be subject to the following restrictions:

 

  • Each Lot shall be used for residential purposes only; provided (subject to Subsection I, below) that occupation carried on in the Lot are permitted only if (1) that use is incidental to the Lot’s primary residential use; (2) any Lot Owners who pursue such incidental occupational use of their Lot shall have no employees, customers or clients at the Lot; (3) the activity causes no external impacts whatsoever that are visible or observable from outside the Dwelling, and (4) the Lot Owner shall obtain prior approval from all other authorities having jurisdiction over the use of the Lot and (5) no increase in trash being placed in the compactor.

  • Except for work done by the Association as successor Declarant in connection with the construction and marketing of any new previously approved Lots, nothing shall be built, caused to be built or done in or to any part of Hickory Hills which will alter or cause any alteration to the Common Elements without the prior written approval of the Board of Directors.

  • Each Lot Owner or occupant shall maintain the Owner’s Lot in a safe, clean and sanitary manner and condition, in good order and repair and in accordance with all applicable restrictions, conditions, ordinances, codes and any Association Rules or Regulations.

  • No Lot Owner or occupant of any Lot shall carry on, or permit to be carried on, any practice on his Lot or on the Property which unreasonably interferes with the quiet enjoyment and proper use of another Lot or the Common Facilities by the Lot Owner or occupant of any other Lot, or which creates or results in a hazard or nuisance on the Property.

  • No sign, banner, flag (except the flag of the United States not to exceed fifteen (15) square feet and name and/or address signs), billboard or advertisement of any kind, including, without limitation informational signs, “for sale” or “for rent” signs and those of contractors and subcontractors, shall be erected on the Lot without the prior written consent of the Board of Directors, which may be withheld absolutely.Lot Owners may not erect any sign on a Lot or on any of the Common Elements.

  • Lot Owners or occupants may not obstruct the Common Elements in any way, including but not limited to, interfering with any storm water drainage.Lot Owners must keep drainage ditches clean. Lot Owners will be billed for actual costs if the Association must clean out their drainage ditch or pipe to prevent damage to roadways. Lot Owners or occupants may not store anything in or on the Common Facilities without the prior written approval of the Board of Directors.

  • No commercial, industrial, recreational or professional activity not permitted by the present zoning or other applicable laws or ordinances, shall be pursued on any Lot at any time.If zoning regulations change to expand the scope of activities that Lot Owners may pursue lawfully within the Lot, a Lot Owner may apply to the Board of Directors for approval to commence the permitted use of his Lot.Each application shall be considered by the Board of Directors on their individual basis.Once the Board of Directors has given its approval to a particular use of a Lot, it may not revoke the approval as long as the nature and scope of the approved use remains unchanged.No Lot Owner shall permit their Lot to be used or occupied for any prohibited purpose.

  • Lot owners shall not keep in any Lot animals, wildlife, livestock, exotic animals or poultry of any kind, other than domesticated household birds and fish, house dogs or domesticated house cats; provided that in no event shall a Lot Owner or occupant of any Lot keep more than a total of four (4) dogs or cats, or any combination thereof, , Pets shall not be permitted to run loose or uncontrolled on their Lot and the Common Elements.Lot Owners shall immediately clean up any waste left by their pets anywhere on the Property or Common Areas and roads.

  • No portion of the Property shall be used or maintained as a dumping ground for rubbish, trash, new or used lumber or wood, metal scrap, garbage or other waste, except that material may be kept in the Lot or in areas of the Property designated for this purpose by the Association as successor Declarant (in connection with its construction) or by the Board of Directors, provided that these materials are kept in sanitary containers in a clean and sanitary condition. Lot Owners shall dump these containers in a timely manner. Empty containers shall be removed promptly.

  • To the extent permitted by law, a DBS antenna, NDS antenna or transmission-only antenna may be erected on a Lot provided it is not greater than 1 meter in diameter and prior approval of the Board of Directors is obtained.No television broadcast antenna of any size or masts of any size attached to any of the above-listed antennas may be erected.Qualified antennas must be erected on the rear of Lot, unless that placement impedes reception in which event the antenna may be erected in another location on the Lot provided that it is screened by landscaping or other material where reasonable.No antenna may be erected on Common Facilities.

  • Each Lot Owner shall maintain those portions of his Lot for which the Lot Owner is responsible in a manner satisfactory to the Association and in accordance with the Declaration and any Rules and Regulations of the Association.In the event that a Lot is not so maintained, the Association shall have the right to enter upon the Lot to maintain the same, after giving the Lot Owner at least fifteen (15) days written notice to cure any maintenance problems or deficiencies. In the event that the Association exercises its right of entry for maintenance purposes, the Association shall have the right to assess the particular Lot owner for the cost of such maintenance.The Association, by its Board of Directors, shall have the right to establish Rules and Regulations governing the maintenance of any Lot.

  • Driveways, streets and other exterior parking areas in Hickory Hills shall be used by Owners, occupants and guests for fully operable, inspected and registered four-wheel passenger vehicles, motorcycles, and standard bicycles only.No recreational vehicles, vans (other than non-commercial passenger vans), mobile homes, trailers, boats, trucks (unless licenses as a passenger vehicle and less than three-quarter ton capacity) or commercial vehicles (whether or not registered as a commercial vehicle with the State Department of Transportation) shall be permitted to be parked on the Property, except on a day-to-day temporary basis in connection with repairs, maintenance or construction work on the Lot.

  • All-terrain vehicles are strictly prohibited from Hickory Hills roadways and Common Areas.This includes dirt bikes, three-wheelers, ATV’s, snowmobiles, UTV’s and other such vehicles.Violators will be issued a citation and assessed a fine in accordance with the Act.Unlicensed drivers may not operate a vehicle of any kind on Hickory Hills roadways or Common Areas.

  1. Such vehicles must be conveyed by trailer or in a legal vehicle when traversing HHPOA roads and Common Areas.

  • Shooting, hunting or the discharge of any weapon is strictly prohibited except for self defense in Hickory Hills.

  • No Lot Owner may subdivide or partition a Lot.

  • No Lot Owner shall perform or permit to be performed any work to any portion of the Owner’s Lot, which work may require access to, over or through Common Facilities (except access to the Lot over the private streets) or other Lots without the prior consent of the Board of Directors except in the case of an emergency.All work may only be performed by a Person who shall deliver to the Board of Directors prior to commencement of the work, in form satisfactory to the Board of Directors.

  • Releases of the Board of Directors and the Association for all claims that such Person may assert in connection with the work.

  • Indemnifies of the Board of Directors and the Association, holding each and all of them harmless from and against any claims asserted for loss or damage to persons or property, including, but not limited to, Common Facilities or other Lots.

  • Certificates of insurance, including liability and workman’s compensation coverage, in amounts and with companies reasonably acceptable to the Board of Directors, and

  • All other information and protections which the Board of Directors may reasonably require.

 

Article XV

Architectural Review

 

            Section 15.01  Dwellings. 

  • No building alteration on the premises hereby conveyed shall be made to exceed two and one-half stories in height, and a private garage for not more than three cars.

  • No structure of a temporary character – trailer, basement, tent, shack, garage, barn or other out-building shall be used on any lot at any time as a residence, either temporarily or permanently.

  • No Individual water supply or sewage disposal system shall be permitted on any lot or building site unless such system is located, constructed and equipped in accordance with the requirements, standards and recommendations to the State or local public health authorities.

  • Installation of a sub-surface septic tank system for disposal of sewage is prohibited if there is “available” a central sanitary sewer system with on-site treatment facilities that the Lot can be connected to for disposal of sewage.

  • No additions or alterations shall be made upon the premises hereby conveyed without first obtaining the approval, in writing, of the grantor as to location, elevation, plan and design.Plans, drawn in scale, must be submitted for approval.They should show dimensions of lot, lot and section number, location of buildings with respect to Lot lines, location of well and septic tank on lot, and their locations with respect to wells and septic tanks in adjoining lots, if any.State Board of Health requirements and suggestions are to be followed in these matters. The Grantor shall approve or disapprove the said location, plan and design within fifteen (15) days after the same have been submitted.

  • No Grantee shall clear his Lot of brush, trees or anything else of an inflammable nature except after having first obtained the approval of the Association in writing, such approval to specify the time and manner in which such clearing shall be made.No fires are to be started on any Lot without a written permit therefore.are to be All Lots are sold “as is” and all expense for clearance and removal of debris, including stumpage, from the premises shall be for the account and risk of the Grantee.

  • All lake and stream front Lots are subject to an easement of way over a ten (10) foot strip of land or path abutting and parallel to the water’s edge for the use in common of the Grantor and all owners of lots at Hickory Hills, their successors, heirs, assigns and houseguests, which path the Grantee agrees to maintain in good passable condition at all times.

  • No part of any enclosed building erected upon the within-described parcel except porches and steps and approved fences shall be within forty (40) feet of the front lot line, no less than ten (10) feet from the side or rear lines.This restriction, condition and covenant shall apply to the grantee, his, her or their heirs and assigns.

 

No improvement or alteration shall be commenced, erected, installed or maintained upon a Lot before the Lot Owner submits to the Board of Directors an application requesting the Board of Directors’ review and obtains prior written approval of the improvement, addition or alteration.  

           

            Section 15.02  Application Contents and Process.

 

  • The Board of Directors shall have the right to establish design criteria and standards for alterations, additions and improvements within the Property.

  • Each Lot Owner shall submit to the Board of Directors by mail or personal delivery to the Association, plans and specifications showing the nature, kinds, shape, height, materials and location of the Lot Owner’s proposed change, alteration or addition to the Lot.The submission shall contain proof of compliance with all applicable coded, laws and ordinances.

  • The Board of Directors has the right to approve or disapprove any proposed construction.

  • The Board of Directors shall review the plans to determine whether they are consistent with the design criteria, if any, developed by the Board of Directors.

  • The Board of Directors shall issue a written decision to the Owner within 45 days after the date the Owner’s submission, completed in compliance with the requirements of this Article and any Rules and Regulations, is received by the Board of Directors.The 45-day period can be extended by mutual agreement of Owner and the Board of Directors and, if the Board of Directors requires additional information to make its decision, the 45-day period will be extended for the period of time equal to the number of days between the date the request for additional information was made to Owner and the date the additional information was received by the Board of Directors.The decision of the Board of Directors is final, conclusive and binding upon all Owners.No Owner shall commence work or make a commitment for work requiring approval under this Article unless and until Owner receives written confirmation of approval under this Article.

  • If the submission is disapproved, the reasons for disapproval shall be included in the written decision.A decision of disapproval is final but without prejudice; the Owner is permitted to resubmit the Owner’s submission, modified or amended, for review by the Board of Directors in accordance with the provisions of this Article.

  • If a conditional approval is given, commencement of the work described in the submission constitutes an acceptance by the Owner of all conditions of approval set by the Board of Directors.

  • If no decision is issued within the 45-day period as it may have been extended), the proposal described in the submission is deemed denied.

 

Section 15.03Exclusion from the Architectural Review.The provisions of this Article XV shall not apply to the Association as successor Declarant.

 

Section 15.04Architectural Review.The Board of Directors may delegate its rights and duties under this Article in whole or in part to an architectural review committee under applicable provisions of the Bylaws.If delegation has been made to an architectural review committee, the architectural review committee shall exercise the rights and carry out the responsibilities as may be delegated by the Board of Directors.

 

Section 15.05Fees.The Board of Directors may adopt a schedule of fees that may be charged for the review of submission under this Article.

 

Section 15.06Waiver.The Board of Directors is authorized to interpret the requirements affecting Lots under this Article of the Declaration and the applicable provisions of any Rules and Regulations.The Board of Directors is authorized to grant reasonable waivers from these requirements but only upon a finding by the Board of Directors that the Owner has furnished sufficient evidence to substantiate to the satisfaction of the Board of Directors.

 

Section 15.07 No Liability.Neither the Association, the Board of Directors, the officers of the Association, nor any other Person or committee exercising rights of review or approval under this Article shall have any liability to any Person arising from or related to the exercise of or failure to exercise the rights of review under this Article, the issuance of or failure to issue any decision under this Article, or the grant of or failure to grant any waiver under this article.

 

Section 15.08Township Zoning Ordinance.The foregoing use restrictions are not intended to and do not expand permitted uses under the applicable zoning ordinance of Foster Township.

 

Section 15.09Compliance with the Hickory Hills Property Owners Association Deed Restrictions.The Lots and Lot Owners, their respective family, guests, invitees, licensees, tenants and other occupants, shall also comply with all obligations as set forth in the deeds for all lots and units in Hickory Hills, as they may be amended from time to time, and which are incorporated here by this reference.Any default by a Lot Owner or others under the Hickory Hills deed covenants shall also constitute a default under this Declaration.

     

Section 15.10Amount of Dues .Lot Owners will be billed at the rate of dues set for a property with a dwelling one (1) year after the start of construction regardless of stage of completion.

 

 

 

Article XVI

Compliance and Default

 

Section 16.01Compliance and Default.

     

  • Each Lot Owner shall be governed by and shall comply strictly with the terms, covenants, conditions and restrictions of the Act, this Declaration, the Bylaws and any Rules and Regulations of the Association adopted pursuant thereto, and the same as they may be amended from time to time.

  • The Board of Directors shall have the power to adopt, amend and enforce compliance with such reasonable Rules and Regulations relative to the operation and use of the Common Elements consistent with the provisions of this Declaration and the Act, including but not limited to enforcement procedures and penalties for violations as the Board of Directors shall deem appropriate.All Rules and Regulations shall be adopted or amended, from time to time, by means of appropriate resolutions duly approved by the Board of Directors in accordance with the Bylaws. The Rules and Regulations and any amendments to them shall be available to each Lot Owner or occupant of a Lot promptly after the adoption thereof and shall become binding upon all Lot Owners, their successors in title and assigns, and occupants.

  • Failure of any Lot Owner, other than the Declarant, to comply with any provisions of the Act, this Declaration, the Bylaws or any Rules and Regulations shall entitle the Association or the other Lot Owners to the remedies provided in this Declaration and the Act, and also to the following relief, none of which remedies shall be exclusive of any other remedies:

  • To sue for the recovery of damages or for injunctive relief, or both.

  • The prevailing party shall be entitled to recover the costs of the proceeding and reasonable attorneys’ fees, provided, however, that no attorneys’ fees may be recovered against the Association and/or its Board of Directors in any action unless the court shall first expressly find that the Association and/or its Board of Directors acted in bad faith.

  • The failure of the Declarant, the Board of Directors, or any Lot Owner to enforce any covenant, restriction or other provision of the Act, this Declaration, the Bylaws or the Rules and Regulations of the Association adopted pursuant thereto, shall not constitute a waiver of the right to do so thereafter.

 

Section 16.02Hearing Procedure.No Lot Owner shall have the right to object, challenge, commence any suit at law or in equity or take any other action under any act, power or authority now in force or later to be enacted except after following the procedures established by the Board of Directors by rule or regulation consistent with the provisions of this Section.The Board of Directors or a committee as may be appointed by the Board of Directors, shall hear claims from Lot Owners of alleged violations of the Declaration, the Bylaws and the Rules and Regulations (other than violations with respect to Assessment obligations) of the Association.The Board of Directors or the committee shall hold a hearing on any claim within thirty (30) days after the receipt by the Board of Directors of a formal written notice of a claim from any Lot Owner.A decision shall be issued in writing by the Board of Directors or such committee within ten (10)days after the conclusion of the hearing.The Board of Directors shall have the right to establish various rules and procedures governing the operation and administration of the hearing process and the enforcement of this Declaration, the Bylaws and the Rules and Regulations.Unless the internal remedies provided by this Section and Rules and Regulations as may be promulgated by the Board of Directors shall be expressly waived by the Association, or the Association fails or refuses to act, no action at law or in equity shall be commenced by any Lot Owner until this internal remedy is pursued to exhaustion.Any action by a Lot Owner against any other Lot Owner arising out of any term, covenant or condition contained in this Declaration, the Bylaws of any Rule or Regulation shall be subject to the same procedures.In hearings before the Board of Directors or the committee designated by the Board of Directors, all parties shall be entitled to be represented by counsel.

 

Article XVII

Indemnification of Officers, Board of Directors and

Committee Members

 

Section 17.01Indemnification.The Association shall indemnify every Board of Directors member, officer and committee member, and that person’s heirs, executors and administrators, against all losses, costs and expenses, including attorneys’ fee, reasonably incurred in connection with any action, suit or proceeding to which the person may be made a party by reason of being or having been a Board of Directors member, officer or a committee member, except when the person shall be finally adjudged in the action, suit or proceeding to be liable for gross negligence or willful misconduct.In the event of a settlement, indemnification shall be provided only in connection with the person covered by the settlement as to which the Association is advised by counsel that the person to be indemnified has not been guilty of gross negligence or willful misconduct in the performance of his duty as a Board of Directors member, officer or committee member in relation to the matter involved.The foregoing rights shall not be exclusive of other rights to which a Board of Directors member, officer or committee member may be entitled.All loss, cost and expense incurred or suffered by the Association by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated by the Association as General Common Expenses.Nothing contained in the Article, however, shall be deemed to obligate the Association to indemnify any member who is or has been a Board of Directors member, officer or a committee member of the Association with respect to any duties or obligations assumed or liabilities incurred by the member under and by virtue of a membership in the Association.

 

Article XVIII

 

Section 18.01Generally.Subject to the other provisions of this Declaration and the retroactive sections of the Act relative to amendments, this Declaration may be amended in the following manner:

 

  • An amendment may be proposed by either the Board of Directors or thirty percent (30%) of the eligible Lot Owners.No resolution of the Board of Directors adopting a proposed amendment shall be effective unless it subsequently has been adopted by the affirmative vote of at least sixty-sevenpercent (67%) of the eligible Lot Owners.Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting of the Board of Directors in which a proposed amendment is considered, and shall be served upon all Lot Owners in the manner for service of notices.

  • In the alternative, an amendment may be made by an agreement signed and acknowledged by at least sixty-seven percent (67%) of the eligible Lot Owners in the manner required for the execution of a deed, and the amendment shall be effective when Recorded.

  • Except as otherwise permitted by the Act and provided in this Declaration, no amendment may increase the number of Lots or change the boundaries of any Lot, Common Expense liability or voting strength in the Association allocated to a Lot, or the uses to which any Lot is restricted without the unanimous consent of the eligible Lot Owners

  • A copy of each amendment shall be attached to or included with a certificate, certifying that the amendment was duly adopted, which certificate shall be executed and acknowledged by the officers of the Board of Directors with the formalities of a deed.The amendment shall be effective when the certificate and copy of the amendment are Recorded.

 

Article XIX

 

Section 19.01Notice.All notices required to be served upon eligible Lot Owners pursuant to the Act, this Declaration or the Bylaws shall be sufficient if delivered to the Lot or mailed to the Lot Owner at the Lot mailing address by regular mail.The effective date of a notice shall be the date of delivery to the Lot in the case of actual delivery and a date five (5) days after deposit in the mail in the case of notice sent by mail.

 

Article XX

Miscellaneous Provisions

Section 20.01Severability.If any provisions of this Declaration are determined to be invalid, the determination shall not affect the validity or effect of the remaining provisions hereof or the Bylaws or any Rules and Regulations, all of which shall continue in effect as if such invalid provisions had not been included herein.

           

Section 20.02Headings.The Headings herein are for reference purposed only and shall not affect the meaning or interpretation of this Declaration.

 

Section 20.03Compliances with Law.The Association shall comply with all governmental laws, ordinances and regulations.

 

Section 20.04Effective Date.This Declaration shall become effective when it has been Recorded.

 

Section 20.05Binding.This Declaration shall inure to the benefit of and shall be binding upon the Declarant and all Lot Owners as well as their respective successors, grantees, heirs and assigns.

 

Section 20.06Construction.Number and gender, as used in the Declaration, shall extend to and include both the singular and plural and all genders as the context and construction require.

 

Section 20.07 Governing Law.This Declaration shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

 

Section 20.08Excusable Delays.Whenever performance is required of any Person under this Declaration, the Person shall use all due diligence to perform and take all necessary measures in good faith to perform, provided, however, that if completion of performance shall be delayed at anytime by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, inability or delays in receiving approvals or permits, provided such Person has used all due diligence and good faith in seeking such approvals or permits in a timely manner, unforeseen site conditions, or any cause beyond the reasonable control of such Person, then the time for performance as specified in this Declaration shall be appropriately extended by the amount of the delay actually so caused.This provision shall not operate to excuse any Person from the prompt payment of Assessments or other sums required to be paid under this Declaration .

 

Section 20.09 Approval Rights.Nothing contained in this Declaration shall limit the right of the Association and the Association Board to exercise its business judgment or act in a subjective manner with respect to any matter as to which it has been granted the right and any exercise shall not be deemed inconsistent with any covenant of good faith or fair dealing implied by law to be a part of this Declaration.The Association Board and the Association may each act in its sole, commercially reasonable discretion and business judgment and, with respect to any requested consent, and any action shall not be deemed to be inconsistent with any covenant of good faith and fair dealing otherwise implied by law to be a part of this Declaration.

 

Section 20.10Continuation.No breach of this Declaration shall (a) entitle any Owner or other Person to cancel, rescind or otherwise terminate this Declaration or the Person’s duties and liabilities under this Declaration; or (b) defeat or render invalid the lien of any other lien made in good faith and for value as to any Lots or the Common Facilities.This limitation does not impair any other right s or remedies for the breach that a Person may have under this Declaration or otherwise under applicable laws.

 

 

 

 

 

 

 

 

IN WITNESS WHEREOF,the Association has set its hand and seal the day and year first written above.

 

ASSOCIATION, INC.

By: ____________________________By: _____________________________

 

Name: _________________________Name: __________________________

 

Title: ___________________________Title: ____________________________

© 2018 by HHPOA

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