2003 Amended Declaration

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For the official copy of the Willistown Woods II Homeowners Association Inc. 2003 Amended Declaration, please use this file:
2003 Amended Declaration.pdf.
It is a searchable and printable PDF copy of what is on file at the Chester County Recorder of Deeds.

The following was extracted via Optical Character Recognition from the PDF file and is provided for ease of searching and readability. Use at your own risk; it may have errors. Please consult the above link for the official version. Please report any errors found in the following text to admin@wiki.willistown-knoll.org.


FIRST AMENDED DECLARATION OF RESTRICTIONS, COVENANTS, AND EASEMENTS FOR WILLISTOWN WOODS II HOA, A COMMUNITY ASSOCIATION COMMONLY KNOWN AS "WILLISTOWN KNOLL"


Contents

1 ARTICLE I - SUBMISSION OF THE PROPERTY

The Owners by their adoption of this Declaration, hereby submit, and ratify the submission of the Property, to the covenants, restrictions and easements set forth in this Declaration, and revoke and terminate the 1986 Declaration, and all amendments and supplements thereto, for all purposes The Owners further hereby submit, and ratify the submission of the Property and the Association to the Pennsylvania Uniform Planned Community Act, 68 Pa CSA , Subsection 5101 et seq , and any amendments now or hereafter adopted thereto (hereinafter the "Act") The Property is described in the legal description attached hereto and incorporated herein as Exhibit "A "

2 ARTICLE II - DEFINITIONS

2.1 USE OF DEFINED TERMS

Capitalized Terms used in this Declaration will have the meanings specified herein unless otherwise defined under applicable law

2.2 DEFINED TERMS

The following terms will have the specific meanings assigned herein as follows

a. "Annual Assessment" will mean and refer to the annual assessment levied by the Board against all of the Units in accordance with the Common Expense Liability allocated to each Unit, and which is payable by each of the Owners in twelve (12) monthly installments
b. "Assessments" will mean and refer collectively to all sums of money levied by the Board as assessments against a Unit, and to all other sums of money which may become due to the Association upon a Unit under the terms and conditions of this Declaration and/or Section 5315 of the Act
c. "Association" will mean and refer to the Willistown Woods II Homeowners Association, Inc , being a Pennsylvania nonprofit, non-stock, membership corporation organized under the Pennsylvania Non Profit Corporation Law, 15 Pa C S A , Section 5101 et seq , ( the "NPC"), and commonly referred to as "Willistown Knoll " The Willistown Woods II Homeowners Association, Inc does business as, and is commonly known as, the "Willistown Knoll Homeowners Association"
d. "Association Books and Records" will mean and refer collectively to the Declaration, Bylaws, Rules and Regulations and Articles of Incorporation of the Association, as well as all resolutions and budgets adopted by the Board, and the minutes of meetings of the Board, the Owners and any committees, if any, appointed by the Board
e. "Board" will mean and refer to the Executive Board consisting of five (5) natural :individuals who are Owners, who are elected or appointed in the manner stated in the Bylaws to administer, maintain, manage and operate the Property, and to conduct the administration, management and business affairs of the Association
f. "Building" will mean and refer to each of those certain two (2) story structures on the Property which contain two or more Units
g. "Bylaws" will mean and refer to that certain document entitled The Amended Bylaws of the Willistown Woods II Homeowners Association, Inc , d/b/a Willistown Knoll Homeowners Association" under which the Association, operates as a nonprofit corporate entity, and conducts its business and organizational affairs, including all amendments now or hereafter adopted thereto
h. "Capital Improvement Fee" will mean and refer to a fee which is levied and assessed by the Board against a Unit which is being assigned, conveyed, sold or otherwise transferred to a new Owner The Capital Improvement Fee is payable by the person, partnership, corporation, trust or entity accepting, taking or receiving the title to a Unit in an amount to be established by the Board through the adoption of Rules and Regulations
i. "Common Elements" will mean and refer to the Common Facilities and the Controlled Facilities, all those portions of the real property now or hereafter conveyed to the Association, all those portions of the Property designated on the Plan as Common Elements, and all improvements now or hereafter erected thereon
j. "Common Expense Liability" will mean and refer to the liability and obligation allocated to each Unit under the provisions of this Declaration to pay Common Expenses At the time of the adoption of this Declaration, Willistown Knoll contains 203 residential Units Therefore, the Common Expense Liability allocable to each Unit is equal to .004926
k. "Common Facilities" will mean and refer all real property now or hereafter owned by the Association, to include by way of example, but not by way of limitation, all physical improvements now or hereafter constructed, placed or erected by the Association on the Common Facilities, including, but not limited to, roadways, curbs, fencing, lights, parking lots, sidewalks, landscaping and recreational facilities The Common Facilities shall also include all tools, equipment, machines, cars, trucks, landscaping equipment, telephones, computers, printers, copiers, desks, tables, chairs, office supplies and any other similar equipment, machines or furniture held or leased by the Association for use by its officers, agents, servants, employees and/or contractors in the administration, maintenance, management or operation of the Association or the Property
l. "Common Expenses" will mean and refer to all those certain expenses paid and/or to be paid, or financial liabilities incurred or intended to be incurred, by the Association to administer, maintain, operate, repair, restore and replace the Common Elements, together with any allocations to reserves Common Expenses will also include all of the costs, fees and expenses incurred for the administration, management and operation of the Association
m. "Controlled Facilities" will mean and refer to any real estate within the Property, whether or not it is part of a Unit, that is not a Common Facility, but which is maintained, improved, repaired, replaced, regulated, managed, insured or controlled by the Association
n. "Declaration" will mean and refer to this First Amended Declaration of Restrictions, Covenants and Easements, and all amendments or supplements which may be adopted hereto
o. "General Common Expenses" will mean and refer to all Common Expenses of the Association as detailed and described herein, other than Limited Common Expenses or any other expense which is not assessed against all of the Owners
p. "Governing Documents" will mean and refer collectively to the Declaration, By-Laws and Rules and Regulations, including any amendments of the Governing Documents now or hereafter adopted
q. "Lease" will mean and refer to any contract, lease, license, assignment or other agreement, arrangement or understanding which creates or gives rise to a relationship between an Owner and any Occupant in the nature of a landlord and tenant relationship, or by which, or under which, the Occupant makes any payment, or grants any consideration or benefit to the Owner for the right, privilege or license to occupy, use or enjoy a Unit "Lease" will also include any Agreement of Sale or Lease under which an Owner grants a tenant or an Occupant any right, privilege or option to purchase a Unit pending conveyance of the Unit, including agreements commonly referred to as "Lease/Purchase Agreements"
r. "Limited Common Elements" will mean and refer to those parts or portions of the Common Elements which may be located immediately adjacent to a Lot or Unit as shown on the Plan, and which are intended or designated for the exclusive use of an Owner, as well as any part or portion of the Common Elements which by nature of the manner of the way it is now used, or may hereafter be used, is enjoyed or used by one or a few of the Units, but less than all of the Units
s. "Limited Common Expense will mean and refer to any Common Expense incurred by the Association in relationship to the administration, maintenance, repair, replacement or restoration of the Limited Common Elements, and to those Common Expenses which benefit less than all of the Units Limited Common Expenses are recoverable only from the Unit, or those Units, which benefit from the administration, management, maintenance, repair, replacement, restoration or operation of the Limited Common Element or Elements
t. "Lot" will mean and refer to each parcel of real property comprising the Property which is improved with a Unit which is to be used and occupied as a single family residence, together with all improvements now or hereafter erected thereon The terms "Lot" and "Unit" may be used synonymously in the Governing Documents
u. "Manager" will mean and refer to such professional manager or management company, if any, as may be hired or employed by the Association to provide community management services, advice and guidance to the Board and the Association, and to assist the Board with the administration, management and operation of the Property and the Association
v. "Notice" will mean and refer to any written notice given or transmitted to the Association, any Owner, and/or Occupant in accordance with the Governing Documents
w. "NPC" will mean and refer to the Pennsylvania Non Profit Corporation Law, 15 Pa C S A , Subsection 5101 et seq, and any amendments now or hereafter adopted thereto
x. "Occupant" is an all-inclusive term which will mean and refer to any person, or persons, other than an Owner, who may occupy or use a Unit as a single-family residence with the Owner's authorization, consent or leave, including, but not limited to, family members, tenants, licensees and invitees, and their agents, servants and employees, all of whom shall be deemed to have covenanted and agreed to be bound by, and be and remain subject to, the Governing Documents by their acceptance of a lease for a Unit and/or by their occupancy, use or enjoyment of a Unit, and/or by their enjoyment of the use and benefits of the Property
y. "Owner" will mean and refer to the owner of record of a Unit, whether one or more persons, a partnership, corporation or other legal entity, which holds the title to any Unit Owners are also members of the Association Owners are referred to in the Bylaws as "Members "A person, partnership, corporation, trust, estate or any other legal entity holding only a security interest in a Unit without regard for whether by mortgage or other security instrument is not an Owner
z. "Party Wall," will mean and refer to any wall located along the perimeter of a Unit which serves as a common wall for an adjoining Unit
aa. "Plan," will mean and refer collectively to all those plans of Willistown Woods II which
have been recorded in the Office of the Recorder of Deeds of Chester County in regard to Willistown Woods II, a planned residential community sold, marketed and developed as "Willistown Knoll," including, but not limited to, The Land Development Plan for Willistown Woods Phase II, Final Plan, dated March 19, 1986, last revised August 27, 1986, by Chester Valley Engineers, together with such amendments or supplements thereto, if any, as may be recorded subsequent to the recording hereof
bb. "Property" will mean and refer collectively to all of the Common Elements, Limited Common Elements, Units and Lots collectively comprising Willistown Knoll
cc. "Rules" and/or "Rules and Regulations" will mean and refer to all those certain rules and regulations which may from time-to-time be adopted, amended, enforced, revised, supplemented, published and/or withdrawn by the Board for the purposes of regulating the administration, management and operation of the Association, and the administration, management, maintenance, repair, replacement and use of the Property in the manner permitted by the Governing Documents The Rules shall also be deemed to include any architectural, landscaping or similar specifications or guidelines adopted by the Board
dd. "Township" will mean and refer to that certain municipality known and identified as Willistown Township, Chester County, Pennsylvania
ee. "Unit" will mean and refer to that certain residential improvement on each of the Lots intended to be continuously used exclusively as a single family residence The terms "Lot" and "Unit" may be used synonymously in the Governing Documents
ff. "Vote" will mean and refer to the one vote allocated to each Unit which is intended to be cast by the Owner of the Unit in accordance with the relevant provisions of the Governing Documents
gg. "Willistown Knoll " will mean and refer to that certain planned residential community
located in Willistown Township, Chester County, Pennsylvania developed as Willistown Woods II, but sold, marketed and commonly known as "Willistown Knoll," including all of the real property and improvements now, or hereafter, comprising Willistown Knoll

3 ARTICLE III - NAME AND ADMINISTRATION OF THE PROPERTY

3.1 NAME AND DESCRIPTION OF THE PROPERTY

The Property shall be known as "Willistown Knoll " The legal description of the Property is set forth in Exhibit "A" attached hereto

3.2 ORGANIZATION OF THE ASSOCIATION

The Association is organized as a Pennsylvania nonprofit, non-stock, membership corporation The members of the corporation are, and shall exclusively consist at all times, of the Owners The Board, acting on behalf of the Association, is vested with the power at any time to change the name of the Association from Willistown Woods II Homeowners Association, Inc to the Willistown Knoll! Homeowners Association, or to the Willistown Knoll! Homeowners Association, Inc , provided that the Association must remain a Pennsylvania nonprofit, non-stock, membership corporation, organized under the NPC The Board shall also have the power at any time to register Willistown Woods II Homeowners Association, Inc as doing business under and subject to the fictitious name of "Willistown Knoll Homeowners Association "

3.3 ADMINISTRATION OF THE PROPERTY

All of the powers and duties necessary to carry out and perform the administrative, business, financial, management, maintenance, operation, repair, replacement and/or restoration functions of and for the Property and the Association which are not specifically vested in the Owners by the Governing Documents, are hereby vested exclusively in the Board The members of the Board will stand in a fiduciary relationship to the Association The Board members must perform their duties 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 The members of the Board shall be elected and serve in accordance with the applicable provisions of the By-Laws

4 ARTICLE IV POWERS OF THE BOARD

4.1 POWERS OF THE BOARD

In exercising its powers to administer, manage and operate the Association, and to maintain, repair and replace the Common Elements and/or the Property in the manner stated in the Governing Documents, the Board is vested with the full authority and discretion to exercise all of the rights, privileges and powers vested in the Association by the Governing Documents, the Act, the NPC and all other laws now or hereafter made applicable to the Association, and not otherwise vested in the Owners The Board's powers shall include by way of example, but not by way of limitation, the powers to

a. Call meetings of the Owners, and
b. Administer, manage, maintain, repair, restore, improve and operate the Association and the Common Elements, and
c. Appoint, employ and remove at the Board's pleasure such officers, independent contractors, Managers, agents, servants and employees of the Association, prescribe their duties, fix their compensation, and require of them such security or fidelity bonds, if any, as it may deem necessary or expedient, and
d. Adopt and implement the annual budget of the Association, and to make adjustments to, and reissue the annual budget, as the Board may deem necessary during the course of the Association's fiscal year, save that the budget must include, but is not limited to, the following
(i) Common Expenses which must include, by way of example and not by way of limitation, estimated amounts for the anticipated costs of maintenance, repair, restoration, replacement, improvement and operation of the Common Elements, and
(ii) Estimated costs to administer, manage and operate the Association, including all licenses, taxes or governmental charges, if any, properly charged or levied against the Association's property and payable by the Association, and
(iii) Estimated costs for services of a Manager, if a Manager is intended to be retained, as well as all other advisors, consultants, contractors, persons and entities whose services are anticipated to be needed during the course of the fiscal year, and
(iv) Reserves for anticipated major repairs and replacements, and
(v) Annual Assessments against the Units in an amount sufficient to meet the anticipated Common Expenses of the Association for the fiscal year
e. Adopt, establish, levy and assess Assessments, costs, fees, interest, late fees, expenses, charges and fines, to determine in its sole discretion payment due dates, including but not limited to single payment, quarterly or monthly due dates, for all Assessments, costs, fees, interest, late fees, expenses, charges and fines, and
f. Enforce and collect all Assessments, costs, fees, interest, late fees, expenses, charges and fines and any other sum due to the Association using such procedures as may be provided in the Governing Documents and/or applicable law, and
g. Adopt, amend, withdraw, enforce and publish Rules and Regulations governing the administration, maintenance, enjoyment and use of the Property, the personal conduct of the Owners and Occupants on the Property, and
h. Establish architectural standards, specifications, requirements and procedures, and
i. Levy and collect fines against the Owners for breaches and/or violations of the Governing Documents, and the administration and operation of the Association, and
j. Borrow money on behalf of the Association and mortgage, pledge and/or assign the Association's right to receive future income, including accounts receivable and Assessments due to the Association, as security therefore, and
k. Acquire by gift or otherwise, purchase, sell, lease, transfer or otherwise own, hold, convey or dispose of, and/ or dedicate to any municipal, county or state agency, the real and personal property of the Association, as may be deemed necessary by the Board in furtherance of the purposes of the Association, subject to the provisions of the Governing Documents and applicable laws, andl
m. Suspend an Owner's good standing status, and incident thereto to suspend the Owner's membership rights and privileges, for any material violation of the Governing Documents, in accordance with the applicable provisions of the Governing Documents, and
m. File, prosecute, withdraw, settle, compromise, arbitrate, including binding arbitration if approved by the Board, or defend any cause of action in any Court, in the name of the Association, subject to such limitations as may now or hereafter be stated in the Governing Documents or applicable law, and
n. Acquire by purchase, gift, bequest, devise, sale, assignment, lease or other conveyance real property to be added to the Common Elements, and
o. Appoint committees, whose members must be Owners, to assist the Board in the performance of its duties and obligations in accordance with the relevant provisions of the Bylaws, and
p. Open, hold, maintain and close such accounts with banks, brokers or other financial institutions as the Board may from time-to-time deem necessary and appropriate for deposit of the Association's funds, including by way of example but not by way of limitation, checking and savings accounts, certificates of deposit and mutual funds, and
q. Waive or grant temporary exceptions to Owners or Occupants from the application of, or obligation to comply with, those portions of the Governing Documents regarding the use and enjoyment of the Property, as may be necessary to obtain or reach "reasonable modifications" and/or "reasonable accommodations" with, or for the benefit of, handicapped, as that term may now or hereafter be defined in the Pa Human Relations Act, and/or the Federal Fair Housing Amendments Act, or any similar or succeeding statute, Owners or Occupants to permit full use and enjoyment of the Property by a handicapped Owner or Occupant, subject to the Board's power to terminate the waiver or exception when a handicapped Owner or Occupant terminates his or her use or occupancy of a Unit, and
r. Grant easements, leases, licenses and concessions, and
s. Use and expend any sums collected as Assessments for the administration, maintenance, management, repair, restoration, improvement and operation of the Association, as well as any real property which may be acquired by the Association and the improvements now or hereafter made and/or erected thereon subject to the limitation that all real property acquired by the Association must be designated Common Area, except for Units, if any, which may be purchased by the Association to protect its assessment lien, or to collect a judgment against the Owner of the Unit, and
t. Subject to applicable law, to pay all taxes and assessments, if any, levied or assessed against any real property which may be acquired by the Association and improvements that may be owned by the Association, exclusive of any tax or assessments levied against any Unit, or otherwise chargeable against any Member, and
u. Enter into a contract for professional management services upon terms and conditions determined to be acceptable by the Board in accordance with the applicable provisions of the Governing Documents, and
v. Contract for, employ or retain professionals, including accountants, architects, engineers and lawyers to provide the Board with advice, guidance and services, and to fix the compensation of such professionals, and
w. All such other powers as are appropriate and necessary to conduct the business and affairs of the Association in the manner contemplated by the Governing Documents

5 ARTICLE V - DUTIES OF THE BOARD

5.1 GENERAL DUTIES OF THE BOARD

In exercising and carrying out its powers to administer, operate and manage the affairs of the Association, and maintaining, repairing and replacing the Common Elements and/or the Property in the manner stated in the Governing Documents, the Board shall bear the duties and obligations stated in this Declaration, the Bylaws, the NPC, the provisions of the Act now or hereafter made applicable to the Association or the Property, and all those duties necessary to conduct the affairs of the Association, and to administer the Property

5.2 FIDUCIARY DUTY OF THE BOARD

It will be the duty of the Board, and the members of the Board, to act as fiduciaries for the Association in the conduct of the administration, management and operation of the business and financial affairs of the Association and the Property The Board and the members of the Board must perform the duties and obligations of the Association in regard to the Property in good faith, in the best interests of the Association, in the same manner as a person of ordinary prudence would use under similar circumstances including reasonable inquiry, diligence and skill In the performance of its duties, the Board, and the members of the Board, may rely in good faith upon opinions, information, guidance or reports received from the Manager, accountants, architects, engineers, attorneys and similar professionals, as well as Association committees, and other persons, including Board members, as may be permitted by Section 5303 of the Act and/or Section 5712(a) of the NPC

5.3 SPECIFIC DUTIES OF THE BOARD

By way of illustration, but not by way of limitation, the duties and obligations of the Board will include the duties and obligations to

a. Cause to be kept a complete record of all of its acts and all affairs of the Association, and
b. Call meetings of the Owners as stated in the By-Laws, and
c. Cause an audit of the books and accounts for the Association to be made by an independent certified public accountant at the end of each fiscal year, and at any other time deemed necessary by the Board, and
d. Supervise all Officers, agents, servants, employees and contractors of the Association, and to see that their duties are properly performed, and
e. Issue, or cause an appropriate Officer, authorized agent or the Manager to issue the Resale Certificates required under the under Section 5407 of the Act and the applicable provisions of this Declaration, and
f. Administer, operate, maintain, repair, restore, develop, manage, insure and improve all the Common Elements, all real property the Association may acquire, together with all improvements which may be made thereon in accordance with the Governing Documents, subject to the limitation that except for Units purchased by the Association to protect the Association's assessment lien, or purchased by the Association to collect a judgment against an Owner, all real property acquired by the Association will become part of the Common Elements, and
g. Promptly publish rules and regulations adopted by the Board to the Owners, and
h. Levy, assess, enforce and collect all Assessments, costs, fees, fines, expenses, interest or charges, and
i. Obtain such insurance as the Association is required to carry herein, and to hold the proceeds of any insurance claim for use in the manner required by the Declaration and applicable law, and
j. Open and maintain accounts with such banks and/or financial institution as the Board may deem appropriate to the financial needs and circumstances of the Association, and
k. In selecting all accounts in which Association funds are held as reserve or contingency funds for future major repairs, replacements and expenses, the Board will have the duty to exercise only that degree of judgment and care, under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their own funds, considering the probable income to be derived therefrom by the Association, as well as the probable preservation and safety of capital, and
l. Enforce compliance by the Owners and Occupants with the covenants, easements, restrictions, terms, conditions, Rules and all other provisions of the Governing Documents, and
m. Adopt annual budgets for all Common Expenses of the Association and publish the annual budget to the Owners not less than thirty (30) days prior to the start of each fiscal year of the Association, and
n. All such other duties as are appropriate and necessary to conduct the business and affairs of the Association and operate the Property in the manner contemplated by the Governing Documents

6 ARTICLE VI - UNIT BOUNDARIES AND IMPROVEMENTS

6.1 GENERAL DESCRIPTION OF THE UNITS

Each Unit consists of that certain Lot upon which the Unit is located, the Unit and all improvements thereon, in accordance with the legal description set forth in each Owner's recorded deed, and to the extent depicted thereon, the Plan

6.2 CONVEYANCES OF UNITS

Each Unit, when conveyed, consists, and shall consist, of that portion of a building comprising a Unit, and such appurtenances and improvements as may now or hereafter be made or erected to or on the Unit

6.3 BOUNDARIES OF UNITS

For purposes of defining boundaries of each Unit, and in addition to all of the improvements located within the title lines of a Unit, all of the following, without regard for whether wholly or partially located within the Unit, will be regarded as part of the Unit

a. The ground, air space and all buildings and improvements enclosed within the title lines of a Unit, and
b. All walls, including to the middle of party walls, all siding, exterior fascia, exterior brick or stonework and stucco, floors, ceilings, roofs (including by way of example, but not by way of limitation shingles, paper, decking, rafters, ridges, ridge vents, soffits, vents, drip edges, flashings, mastics and sealants), chimneys, vents, gutters, down spouts, framing and woodwork, trusses, fasteners, steps, stoops, partitions, dividers, doors, door frames, door hardware, knobs and locks, all moldings, mullions, windows, window frames, shutters and casings, together with all window glass and screens, and
c. All kitchen equipment, appliances, cabinets and fixtures, including by way of example, but not by way of limitation, ovens, refrigerators, freezers, coolers, ice makers, sinks, garbage disposals, ranges, stoves, ovens, microwave ovens, dishwashers and exhaust fans, and
d. All bathroom, lavatory, laundry and plumbing fixtures and equipment including, by way of example, but not by way of limitation, sinks, tubs, showers, toilets, bidets, vanities, exhaust fans, mirrors, curtain rods, towel racks, tile, vinyl flooring, lighting fixtures, medicine cabinets, washers, dryers, vents, hoses and all electrical and plumbing hookups, and
e. All electrical and lighting fixtures including, by way of example, but not by way of limitation, outlets, switches, wiring, conduits, face plates, lamps, fixtures, bulbs, outlet boxes, switch boxes, junction boxes, telephone outlets and cables, cable TV outlets and cables, computer cables and networks, circuit breakers and circuit breaker panels, intercoms and all interior and exterior lighting and lighting fixtures now, or hereafter, placed, installed, used or erected on or in a Unit and/or which benefits the Unit, and
f. All heating, ventilating and air-conditioning equipment, including, but not limited to, compressors, fans, humidifiers, dehumidifiers, air cleaners and filters, refrigerant or coolant fluids and gases, lubricants, thermostats, control mechanisms and thermocouples, together with all vents, pipes, duct work or conduits transmitting or conveying heat, ventilation and/or air conditioning to, and/or through, the Unit, and
g. All floor and wall coverings, including by way of example, but not by way of limitation, the following drywall, trim molding and woodwork, wainscoting, paneling, carpeting, carpet pads, rugs, tile, vinyl and/or hardwood floors, wallpaper and paint, and
h. All utility (including, but not limited to electric, information, sewer, telephone, television, video and/or water) pipes, valves, ducts, wiring, pumps, cables and conduits of any kind or type, including service laterals, including those, if any, located outside the boundary of a Unit, but which serve, transmit or convey utility services to or from a utility service line or main, to or from a Unit, and
i. All decks, patios and porches, although the land upon which a deck, patio or porch rests shall be deemed to be a Limited Common Element

6.4 INTERESTS APPURTENANT TO EACH UNIT

The following Interests, rights and easements are appurtenant to each Unit, to be enjoyed by the Owner and/or Occupant of the Unit, and may not be revoked or severed from the Unit to which they are appurtenant Subject to the provisions of this Declaration, the following interests, rights and easements will be deemed to be conveyed, leased and assigned, as applicable, together with the Unit, even if not expressly referred to in the deed, lease, assignment or other instrument conveying or creating any right of possession or occupancy in a Unit

a. The Common Elements shall be, and are, made subject to an easement in favor of the Owner and/or the Occupant of a Unit, their invitees, guests, tenants, agents, servants and/or contractors, the Board members, the Manager, and the agents, servants, employees and contractors of the Association, for access, ingress and regress over, through, and across the Common Elements, pursuant to such Rules and Regulations as the Board may, from time-to-time, adopt However, nothing contained herein will create any access easement in favor of Owners or Occupants, nor their invitees, guests, tenants, agents, servants and/or contractors, with respect to such portions of the Common Elements as are not maintained by the Association for purposes of use by the Owners or Occupants, and/or such portions of the Common Elements as the Board may from time-to-time determine that it is necessary and in the best interests of the Association to limit, bar or control access by the Owners or Occupants, and/or their invitees, guests, tenants, agents, servants and/or contractors
b. The Association, and to the extent necessary each Owner, shall possess an easement over every other Unit and the Common Elements for purposes of performing such exterior maintenance on the Owner's Unit as may be required to be performed by the Association and/or Owner under this Declaration Any portion of a Unit or the Common Elements damaged during the exercise of this easement must be promptly restored to the appearance, condition and function in which it formerly existed, at the sole expense of the Owner who exercised the easement, or the Association where it has exercised the easement
c. The Common Elements, and all roadways, parking areas, streets, sidewalks and walkways on the Property shall be subject to an irrevocable and non-suspendable easement in favor of every Owner and/or Occupant, and their invitees, guests, tenants, agents, servants and/or contractors, for the rights of ingress, egress, regress and to park motor vehicles
d. An easement to use and enjoy the improvements now or hereafter erected on the Common Elements which are maintained by the Association for the Owners' and/or Occupants' recreation and/or enjoyment, which easement may be suspended by the Board, and
e. The Owner's easements are not exclusive, and are subject to the following rights, privileges and powers
(i). The power of the Board to make reasonable charges and levy assessments for the use, maintenance, repair and/or insuring of any or all of the Common Elements and the improvements thereon, and
(ii). The power of the Board to suspend the good standing status of an Owner in the manner provided in the By-Laws, and incident thereto to suspend the Owner's right to use any recreational improvements or facilities on the Common Elements, and
(iii). The power of the Board to dedicate, transfer, or create easements or licenses over, on or under all or any part of the Common Elements in favor of any public agency, utility or municipal authority for the instillation, rendering, maintenance or transmission of utility or other services for the benefit of the Association or the Owners, and
(iv). The power of the Board to limit or prescribe the number of guests Owners or Occupants may have, bring upon or authorize to use the Common Elements, and
(v). The power of the Board to establish Rules and Regulations governing the administration, management and operation of the Association, and the use and enjoyment of the Property, and
(vi). The power of the Board, by and through the Association's Manager, agents, servants, employees and/or contractors to enter upon the Units to perform any duty or exercise any power of the Association and/or the Board under the Governing Documents, and
(vii). The power of the Board, by and through the Association's Manager, agents, servants, employees, contractors, members and/or officers, to enter upon any part or portion of the Property to inspect the Property, and/or fulfill the Association's duties or obligations under the provisions of this Declaration

6.5 UNIT NUMBERS

For purposes of identifying the Units, the Units are numbered The numbers assigned to the units are set forth in Exhibit "B," attached hereto, and depicted on the plan attached hereto as Exhibit "C " Exhibit "C" is intended to be used for reference purposes only, Exhibit "C" does not, nor should it be deemed to, depict the specific locations or boundaries of the Units Unit locations and boundaries may only be determined by reference to the deeds for the Units

7 ARTICLE VII - COMMON ELEMENTS

7.1 DESCRIPTION OF COMMON ELEMENTS

The Common Elements consists of all portions of the Property, other than the Units The Common Elements were, conveyed to the Association under and subject to that certain deed of record in the office of the Recorder of Deeds of Chester County at Book 3720, Page 1436 et seq

8 ARTICLE VIII - LIMITED COMMON ELEMENTS

8.1 DESCRIPTION OF LIMITED COMMON

ELEMENTS The Limited Common Elements consists of all portions of the Common Elements, and those improvements on the Common Elements, which are located immediately adjacent to a Unit or Units, and which by nature of the improvement, or the manner in which the improvement is now used or enjoyed, or may hereafter be used or enjoyed, or which benefits one or a few of the Units, but less than all of the Units Limited Common Elements shall include by way of example, but not by way of limitation, balconies, decks, patios and all driveways, walkways, stairways and concrete surfaces, excluding the stucco sidewall, providing access to a Unit

9 ARTICLE IX - ENCROACHMENTS

9.1 EASEMENT FOR ENCROACHMENTS

In the event that any Unit, Common Elements or Common Facility should be determined by survey or order of a court of competent jurisdiction to encroach upon any other Unit or the Common Elements, then a valid easement for the encroachment will be deemed to exist under this Declaration The existence of an easement in the manner aforesaid does not relieve an Owner of any liability they may bear, if any, to the Association, or any other Owner or Owners, in the event of an Owner's willful misconduct in the use of the easement

a. If any portion of the Common Elements, any improvement on the Common Elements or any Common Facility shall encroach upon any Unit, or if any Unit shall encroach upon any portion of the Common Elements or any Common Facility, as a result of settling or shifting of any ground or improvement, or as a result of any cause other than the willful misconduct, or negligent act or omission of the Owner of the encroaching Unit, or of the Board in the case of encroachments by the Common Elements, then an easement appurtenant to the encroaching Unit, Common Elements, Common Facility or any other improvement upon the Common Elements, and for the maintenance thereof, shall exist for so long as the encroachment shall exist
b. In the event any Unit, any part of any Unit, the Common Elements or any improvements erected thereon benefits from an encroachment which is permitted under subsection a above, then encroachments of parts of the rebuilt improvements which do not substantially extend the scope of the encroachment, will be deemed permitted and valid easements appurtenant to the encroaching Unit, Common Elements and any improvements located thereon for such encroachments, and an easement for the maintenance, repair and replacement thereof will exist so long as the encroachments shall exist, and
c. All easements created under the provisions of this Declaration or the provisions of the Act now or hereafter made applicable to the Property, shall run with the Property until such time as the Association may be terminated in accordance with the relevant provisions of this Declaration and/or prevailing law, and will enure to the benefit of, and be binding upon, the Association, the Board, each Owner, Occupant or other person now or hereafter possessing any interest in any Unit and/or the Common Elements

10 ARTICLE X - MEMBERSHIP AND VOTES

10.1 MEMBERSHIP

Each Owner will become a Member of the Association upon becoming the owner of record of a Unit The Owner's rights and privileges as an Owner and Member of the Association are subject to all of the covenants, easements, restrictions, terms, condition and provisions of the Governing Documents

a. Each Owner by acceptance and/or recording of the deed to a Unit will be deemed to have irrevocably covenanted and agreed to be, and remain throughout the duration of the Owner's ownership of the Unit, bound by, and to have ratified, the Governing Documents, in the same manner as if the Governing Documents had been stated at length in each Owner's deed, without regard for whether the deed incorporates or references the Governing Documents Each Owner will also be deemed to have irrevocably covenanted and agreed to promptly, fully and continuously perform all of the obligations and duties of an Owner under the Governing Documents, including all amendments to the Governing Documents adopted or published during the term of the Owner's ownership of the Unit
b. Membership is appurtenant to ownership of a Unit Membership in the Association may not be conveyed, transferred or assigned except upon the conveyance, transfer or assignment of the title to a Unit
c. Membership in the Association may not be encumbered, hypothecated, pledged or submitted to any security interest of any kind
d. The holder of a mortgage, encumbrance or any other security interest in a Unit shall not be, nor deemed to be, a Member of the Association until such time as the holder also possesses record title to the Unit

10.2 ONE VOTE

Each Unit possesses one (1) vote Each Unit's vote shall be cast by the Owner of the Unit in accordance with the applicable provisions of the By-Laws The total number of votes in the Association shall be 203 No vote may be cast for any Unit owned by the Association No vote may be sold for any consideration Votes may be cast in the manner stated in the By-Laws If the Board suspends the good standing status of the Owner of a Unit, then pursuant to the provisions of the Bylaws the Board may suspend the membership rights and privileges of the Owner including, but not limited to, the power of the Owner to cast votes, for any period during which the Owner or any Occupant of the Owner's Unit is in violation of any covenant, easement, restriction, rule or regulation contained in the Governing Documents

11 ARTICLE XI - COMMON EXPENSE LIABILITY

11.1 COMMON EXPENSE LIABILITY

The Common Expense Liability, or percentage interest, assigned to each of the Units shall be calculated by the use of a fraction The fraction used shall have as the numerator the number one, and the denominator shall be the total number of Units comprising Willistown Knoll At the time of the adoption hereof the fraction used shall have as the numerator the number one, and the denominator shall be the number 203 Stated as a percentage, the Common Expense Liability assigned to each Unit is 004926 The Board must levy the Annual Assessment, and where levied against all of the Units, Special Assessments, in accordance with the Common Expense Liability assigned to each Unit If the Association is holding record title to any unit or units, then the Common Expense Liability for each Unit must be determined by the Board by the use of a fraction in which the numerator shall be the number one, and the denominator shall be the total number of Units comprising Willistown Knoll after subtracting out the Unit or Units owned by the Association The adjustment of the Common Expense Liability assigned to each Unit by the Board because the Association is holding title to a Unit or Units is not, nor shall it be deemed to be, an amendment of this Declaration If a Unit owned by the Association is sold or conveyed to an Owner, then when the next Annual Assessment is levied by the Board, the Board must readjust the Common Expense Liability to add back into the denominator of the fraction each Unit sold by the Association

12 ARTICLE XII - COMMON EXPENSES

12.1 COMMON EXPENSES

The following are hereby declared to be Common Expenses of the Association

a. All expenses of administration, management and operation of the business and affairs of the Association, and
b. All expenses of administration, management, operation, maintenance, repair and replacement of all of the Common Elements, the Common Facilities now or hereafter erected on the Common Elements, and those portions of the Units for which the Association bears any maintenance, repair or replacement obligation, including such amounts as the Board, in its discretion, deems appropriate to establish reserves for future major replacements and repairs, and
c. All expenses of obtaining and maintaining required services and utilities in connection with the operation, maintenance, repair and replacement of the Common Elements and such other services, supplies and products as may be deemed necessary by the Board to operate the Property, and
d. All costs, expenses, fees, premiums and wages arising from, or related to, obtaining and maintaining those certain policies of insurance required or permitted to be maintained pursuant to this Declaration and/or applicable law, and
e. Fees, expenses or compensation due to any Manager, accountant, agent, advisor, consultant, engineer, legal counsel or other professional agent, servant, employee, consultant or independent contractor retained to advise the Board or represent the Association, andf. All amounts, charges, costs, fees and expenses deemed appropriate by the Board for the administration, management and/or operation of the Association, the Common Elements, the Common Facilities and/or to perform the duties and obligations of the Association under the provisions of the Governing Documents, and
g. Any other expense incurred by or on behalf of the Association which is determined by the Board by majority vote to be a Common Expense, or which may now or hereafter be declared to be a Common Expense by amendment of this Declaration and/or by applicable law, and
h. Any other expense incurred by or on behalf of the Association which is determined to be a Common Expense upon a vote of not less than sixty-seven (67 %) percent of the Owners

13 ARTICLE XIII - BUDGET AND BUDGET PROCESS

13.1 PREPARATION OF BUDGET

Not later than thirty (30) days prior to the expiration of each fiscal year of the Association the Board must adopt the annual budget for the next fiscal year of the Association The annual budget will be based upon the Boards' estimate of anticipated Common Expenses of the Association for the next fiscal year In adopting the annual budget the Board must assess a share of the Common Expenses stated in the annual budget as an Annual Assessment against every Unit The Annual Assessment must be levied against each Unit in accordance with the Common Expense Liability assigned to the Unit

a. The Board must publish the annual budget, as well as Notice of any capital expenditures approved by the Board, to each of the Owners not less than thirty (30) days prior to the start of the fiscal year, or the start of work for capital expenditures Disclosure of a planned capital expense in the annual budget is adequate notice to the Owners Disclosure of any other capital expenditure in any newsletter or publication issued by, or on behalf of, the Association and/or the Board to all of the Owners is adequate notice to the Owners Except as stated above, the annual budget and Notices of capital expenditures must be published in accordance with the provisions of the Governing Documents regarding giving Notice
b. The Board's compliance with the procedures stated in this Article will not be a condition precedent to each Owner's obligation to continue to fully and timely perform the Owner's obligations and duties under the Governing Documents
c. The Board shall have the power to approve amended annual budgets during the course of the fiscal year, and to adjust the amount of the Annual Assessment levied against the Units, subject to publishing the amended annual budget to each Owner in the same manner as for the annual budget

13.2 FAILURE TO FIX ANNUAL ASSESSMENTS

If the Board should fail to adopt an annual budget and/or fix a new Annual Assessment for the upcoming fiscal year of the Association before the expiration of any fiscal year, then each of the Owners must continue to pay monthly installments of the Annual Assessments in the same sum that each Owner paid for the preceding fiscal year of the Association The Owners must continue to pay monthly installments of the Annual Assessments in the same sum that each Owner paid for the preceding fiscal year of the Association until such time as the Board adopts a new budget and/or levies a new Annual Assessment The failure of the Board to adopt any annual budget and/or levy a new Annual Assessment shall not be, nor shall it be deemed to be, a waiver of the Board's continuing powers and duties to adopt annual budgets and levy assessments upon the Units

14 ARTICLE XIV - TYPES AND PAYMENT OF ASSESSMENTS. COSTS FEES AND EXPENSES

14.1 LEVYING OF ASSESSMENTS

All those Assessments, charges, costs, expenses, fees, fines, interest and other sums which may be levied under this Declaration, the Act and/or any other law now or hereafter made applicable to the Association, shall be levied by the Board, and shall be due and payable by each of the Owners in the amounts established by the Board All Assessments, as well as all charges, costs, expenses, fees, fines, interest and sums levied by the Board, will be a lien on each Owner's Unit, and the personal obligation of the Owner, due and payable by the Owner in the amounts, and on the due dates, established by the Board

14.2 ANNUAL ASSESSMENT

The Board must levy and assess an Annual Assessment against each Unit based upon the annual budget The Annual Assessment against each Unit shall be due and payable on the first day of each month, in twelve (12) equal, or near equal, monthly installments Except for Units, if any, owned by the Association, the Annual Assessment must be levied by the Board against all of the Units The Annual Assessment shall be determined by multiplying the anticipated Common Expenses of the Association for the next fiscal year by the Common Expense Liability assigned to each Unit

14.3 SPECIAL ASSESSMENTS

In addition to the Annual Assessment authorized herein above, the Board may levy, at any time during the fiscal year a Special Assessment, or Assessments, against the Units Special Assessments may be levied by the Board for such purposes as the Board may deem necessary, including, but not limited to, the following

a. Covering any budgetary shortfalls in income or assessments, and
b. To pay for the costs, expenses and/or fees arising from any line item Common Expense expenditure not adequately funded in the annual budget, and
c. To pay for any unbudgeted Common Expense approved by majority vote of the Board, and
d. To pay for any Common Elements or Common Facilities repair, restoration, maintenance or replacement cost or expense resulting from any accident, fire, act of God, criminal act, vandalism, casualty, theft and/or weather related conditions to the extent not covered by insurance, and
e. To pay for any other necessary Common Expense approved by majority vote of the Board and incurred by the Association in the

performance of its administrative, management and maintenance duties and obligations under the provisions of the Governing Documents, and not otherwise incorporated into the Association's annual budget

14.4 LEVYING OF SPECIAL ASSESSMENTS

If the Board determines that a Special Assessment must be levied against all of the Units, then the amount of the Special Assessment levied against each Unit must be determined in the same manner as is provided herein for the levying of the Annual Assessment However, if the Special Assessment benefits less than all of the Units comprising the Association, then the Special Assessment must be levied against only the Unit or Units which have or will benefit from the expense In which event the Special Assessment must be determined by multiplying the Special Assessment by a fraction wherein the denominator shall be the total number of Units benefiting from the expense, and the numerator shall be the number one

14.5 PAYMENT OF SPECIAL ASSESSMENTS

Any Special Assessment levied by the Board shall be made payable by the Owners subject to the Special Assessment in such amounts and frequency, and on such due dates, as the Board may determine

14.6 CAPITAL IMPROVEMENT FEE

Except as stated below, a Capital Improvement Fee will be levied and paid upon every conveyance or transfer of the title to a Unit The Capital Improvement Fee must be paid by the person, persons, partnership, corporation, trust or other entity taking or receiving title to a Unit The minimum amount of the Capital Improvement Fee will be $750 00 Subject to the limitations stated in the UPCA, the amount of the Capital Improvement Fee may be increased by the Board through the adoption of Rules and Regulations

a. No Capital Improvement Fee is due or payable upon a purely gratuitous transfer of title to a Unit between spouses, parent and child, siblings, or grandparent and grandchild
b. Capital Improvement Fees may only be held and used by the Association in the manner and for the purposes contemplated by the Act
c. The Capital Improvement Fee is not refundable
d. The Capital Improvement Fee is payable in addition to any Assessments which may be due on a Unit at the time of conveyance or transfer of the title
e. Until paid, the Capital Improvement Fees is a lien on the new Owner's Unit, and the personal obligation of the new Owner
f. Until paid, the Capital Improvement Fee is enforceable and collectible from the new Owner in the same manner as an unpaid Assessment

14.7 ASSESSMENTS FOR COMMON EXPENSES BENEFITING LESS THAN ALL UNITS

If any Common Expense is incurred, or is to be incurred, by the Association which benefits less than all of the Units, then the Common Expense must be assessed and levied by the Board as an Assessment in a pro-rata manner exclusively against only the Unit, or Units, benefited by the Common Expense

a. Common Expense levied under this Section 7 shall be levied by the Board by multiplying the amount of the Common Expense by a fraction in which the numerator will be the number one and the denominator shall be the number of Units benefited by the Common Expense
b. The Assessment shall be a lien on the Unit or Units against which the Assessment is levied
c. The Assessment shall be the Owner or Owners' personal obligation until paid
d. The Assessment shall be enforceable and collectible in the same manner as an unpaid Assessment
e. Any Common Expense levied under this Section 7 will be made payable by the Owners subject to the Assessment in such amounts and frequency, and on such due dates, as the Board may determine

14.8 REPAIR ASSESSMENTS

If the Association incurs any Common Expenses or other expenses, costs or fees to maintain, repair, replace, restore or refurbish any part or portion of the Common Elements, Common Facilities, Limited Common Elements or Units which the Association is required to maintain, repair, replace, restore or refurbish, and the Common Expense or other expense, cost or fee has been or will be incurred due to the negligence, abuse, misuse, failure to act, wanton act or intentional act of an Owner, or any Occupant of the Owner's Unit, then the Common Expense must be levied and assessed by the Board as a Repair Assessment against the Owner's Unit

a. The Repair Assessment is a lien on an Owner's Unit
b. The Repair Assessment is the Owner's personal obligation
c. The Repair Assessment is enforceable and collectable from the Owner in the same manner as an unpaid Assessment
d. Repair Assessments are payable by the Owner or Owners subject to the Repair Assessment in such amounts and frequency, and on such due dates, as the Board may determine

14.9 LEASING ASSESSMENTS

The Board shall have the power to levy Leasing Assessments against leased Units to recover any Common Expenses, costs, fees or expenses incurred by the Association to maintain a file for a leased Unit, to communicate and/or correspond with the Occupant or tenant, and/or the Owner of a leased Unit, to obtain or enforce the tenant's and/or Owner's compliance with the Governing Documents, and/or for any other administrative, insurance, maintenance, management, operation, repair, replacement or restoration cost, fee or expense incurred by the Association for, or in relation to, the occupancy of an Owner's Unit by a tenant Leasing Assessments must include any Common Expenses, costs, fees or expenses incurred by the Association for a Unit which are in excess of the Common Expenses, costs, expenses and fees the Association incurs for Owner occupied Units

a. The Repair Assessment is a lien on an Owner's Unit
b. The Leasing Assessment is the Owner's personal obligation
c. The Leasing Assessment is enforceable and collectable from the Owner in the same manner as an unpaid Assessment
d. Leasing Assessments are payable by the Owner or Owners of a leased Unit in such amounts and frequency, and on such due dates, as the Board may determine
e. Leasing Assessment may be levied by the Board in the same amount against all leased Unit, and/or they may be levied by the Board against a leased Unit in accordance with the amounts of the excess Common Expenses, costs, expenses and fees the Association incurs for a leased Unit over the Common Expenses, costs, expenses and fees the Association incurs for Owner occupied Units The Leasing Assessment may be levied as a lump sum at the start of a lease, or as a monthly assessment payable by the Owner during the term of the lease, as may be determined by the Board
g. The Leasing Assessment levied against a Unit may be increased or decreased by the Board from time-to-time during the term of a lease, upon Notice to the Owner, to recover increased Common Expenses, costs, fees or expenses incurred by the Association which are attributable to a leased Unit, the manner in which the Unit, the Limited Common Elements or the Common Elements are used by the Owner's tenant, and/or the tenant's violations of the provisions of the Governing Documents

14.10 UTILITY ASSESSMENTS

If any fee, cost or expense is now or hereafter charged or assessed to the Association by any utility service company, or municipal agency, authority or corporation, for any utility service provided to any Unit or Units, then the fee, cost or expense must be levied and assessed by the Board against the Unit or Units which received, or which are receiving, the utility service as a Utility Assessment

a. The Utility Assessment is a lien on an Owner's Unit
b. The Utility Assessment is the Owner's personal obligation
c. The Utility Assessment is enforceable and collectable from the Owner in the same manner as an unpaid Assessment
d. Utility Assessments are payable by the Owner or Owners of the Unit which received the utility service in such amounts and frequency, and on such due dates, as the Board may determine
e. Utility Assessments may be levied by the Board in the same amount against all of the Units which receive the utility service, and/or they may be levied by the Board against each Unit in accordance with the costs of the utility services received by each Unit if the utility services provided to each Unit are metered, or if the amount or value of the utility services received by each Unit are otherwise capable of being calculated with a reasonable degree of certainty

15 ARTICLE XV - LIEN FOR ASSESSMENTS FEES FINES AND EXPENSES

15.1 LIEN FOR ASSESSMENTS, FEES, FINES AND EXPENSES

All Assessments levied by the Board, and all other fees, fines, costs, interest, charges and expenses assessed, charged or levied against a Unit, together with all costs of enforcement and collection, including all costs and attorneys' fees incurred by the Association, to include costs and fees to negotiate and prepare documents to memorialize any settlement or amicable resolution to collect any Assessment delinquency, to collect any judgment obtained by the Association against an Owner and/or to enforce any other provision of the Governing Documents, shall be a lien upon the Unit against which they are assessed, charged or levied, and shall be the personal obligation of the Owner

a. If any Assessment levied by the Board is payable in monthly or other installments, and an Owner fails to promptly and fully pay any installment when due, then the balance of the installments remaining due will become immediately due and payable from the Owner, and shall be a lien on the Owner's Unit, and
b. The lien created in favor of the Association herein shall hold the priority provided in the Act

16 ARTICLE XVI - COVENANT TO PAY ASSESSMENTS, COSTS, FEES AND EXPENSES

16.1 OWNERS' COVENANT TO PAY ASSESSMENTS, FEES, FINES, AND CHARGES

Upon the recording hereof as to all existing Units, and thereafter upon acceptance of a deed to a Unit by each new Owner, and in consideration of the services to be rendered by the Association for the benefit of each Owner under the Governing Documents, each Owner shall be deemed to have entered into an irrevocable covenant and agreement to be bound by the Governing Documents, and to continuously perform all of the obligations and duties of an Owner under the Governing Documents in favor of the Association

17 ARTICLE XVII - PAYMENT AND COLLECTION OF ASSESSMENTS

17.1 PAYMENT OF ASSESSMENTS

Each Owner must promptly, fully and continuously pay all Assessments, fees, fines, expenses, charges, interest and costs levied against the Unit and in accordance with the covenants stated in this Declaration, the applicable provisions of the Act, and such Rules and Regulations regarding the payment of Assessments as may now or hereafter adopted by the Board

17.2 EFFECT OF NONPAYMENT OF ASSESSMENTS AND REMEDIES OF THE ASSOCIATION

Any Assessment levied against a Unit, together with any other fee, fine, charge, expense, interest and/or cost, including costs of collection and reasonable attorneys' fees levied by the Board against a Unit which is not paid in full within _sixty (60) days after the due date established by the Board will be deemed delinquent

17.3 MONTHLY LATE FEE

The Board shall have the power to assess and collect a monthly late fee on any delinquent Assessment, fee, fine, charge, expense and/or levied against a Unit The amount of the late fee may be established and revised by the Board from time-to-time through the adoption of Rules and Regulations The late fee must be in such reasonable amount as may be determined by the Board The late fee must be sufficient to permit the Association to recover all the costs it will incur to maintain accounts, books and records on the delinquent Assessments and sums due, prepare and mail delinquency Notices, and to pay additional fees or charges made by the Association's accountant, bookkeeper or Manager

17.4 INTEREST

Delinquent Assessments, expenses, fees, fines, charges and/or costs will bear interest at the rate of fifteen (15%) percent per annum, or such other maximum interest rate as may be established by the Act, on the entire outstanding balance due from the due date established by the Board until payment in full is received or recovered by the Association

17.5 DELINQUENCY NOTICE

Upon any Owner's account becoming delinquent, and prior to filing any complaint or claim of hen, the Association must give written Notice of the delinquency to the Owner, and demand that the Owner bring the account current The Notice must be given in accordance with the relevant provisions of the Governing Documents

17.6 POWER TO COLLECT THROUGH SUIT

If prompt and full payment of all Assessments and/or sums due to the Association is not made by the Owner in accordance with the delinquency Notice given to the Owner, then in addition to the remedies provided to the Association below, the Association may bring an action at law to collect any delinquent Assessments, liened assessments, late fees, interest, fees, fines, charges, expenses and/or costs of collection, including attorneys' fees due to the Association under this Declaration and/or applicable law The Association may also enforce or foreclose the Association's hen against a Unit In the event of a suit to foreclose the lien against a Unit, the Association may proceed to foreclosure in the same manner as provided for an action of mortgage foreclosure

17.7 ARBITRATION

At any time prior to the recovery of a judgment by the Association for delinquent Assessments or other sums due, the Association may agree in writing to submit the matter to arbitration, including binding arbitration If the Association agrees to arbitrate, then the arbitration will be scheduled by the Association, and will be conducted in accordance with the applicable provisions of the Association's Governing Documents

17.8 DELINQUENT ASSESSMENT COLLECTION PROCEDURES

Upon the failure of any Owner to make prompt and full payment of Assessments or any other sum due to the Association in response to any delinquency Notice, the Association may proceed with one or more of the following collection methods, at the same time, or consecutively, as the Board may elect

a. Collect the entire balance due for any Annual, Special or any other assessment payable in installments, and
b. Charge a late fee, and
c. Upon notice to the Owner, which Notice may be incorporated in the Notice to be transmitted under Section 5 above, suspend the Owner's good standing status and the Owner's membership rights in the manner stated in the By-Laws until such time as all of the delinquent Assessments, hened Assessments, late fees, fees, fines, expenses, charges, interest and/or costs of collection, including attorneys' fees are paid in full, and
d. Commence and maintain a lawsuit, and
e. File a claim of lien, and
f. The Association may also pursue or exercise any collection or enforcement remedies now or hereafter made available to it under the Declaration, the Act, prevailing law and/or through the adoption of Rules and Regulations by the Board

17.9 CLAIM OF LIEN

Each current Owner, upon the recording hereof, and future Owners by their acceptance and retention of the deed to thew Unit, further covenant and agree that there is hereby created in favor of the Association an irrevocable power to file a claim of lien for delinquent Assessments, liened Assessments, late fees, fees, fines, expenses, charges, interest and/or costs of collection, including attorneys' fees with the Prothonotary and/or Recorder of Deeds of Chester County, as the Board may elect

a. The claim of hen shall state the amounts of the delinquent Assessments, liened Assessments, late fees, expenses, fees, fines, interest, charges and costs of collection due
b. The claim of lien shall also include all costs incurred by the Association in connection with the preparation, recording and/or filing of the claim of lien, including filing fees and attorneys' fees
c. The filing or recording of a claim of hen by the Association shall not be deemed to be a taking Rather, the filing of a claim of hen shall be deemed to effect notice to all interested persons of the amount claimed by the Association under the statutory lien already created in favor of the Association pursuant to section 5315 of the Act and the recording of this Declaration
d. The Association shall provide the Owner of the Unit subject to the claim of lien with a release of the claim of lien claimed upon receipt of payment in full of the amount of the hen claimed, plus the anticipated costs and fees, including attorneys fees, to prepare the release of claim of lien
e. Prior to recording or filing a claim of lien the Association, or an authorized representative of the Association, will give written Notice to the delinquent Owner of the Association's intent to file a claim of lien Notice of the Association's intent to file a claim of lien may be incorporated into the Notice given under Section 5 above, or any other Notice given to an Owner
f. Each Assessment delinquency may constitute a separate basis for the recording or filing of a separate claim of lien, and any claim of lien filed or recorded on account of prior delinquencies shall be deemed to include subsequent continuing delinquencies and amounts due on account thereof
g. Liened Assessments may be included in a claim of lien
h. A single recording or filing of a claim of lien shall not exhaust the Association's power to file a subsequent claim or claims of lien
i. The power to file claims of lien shall continue in favor of the Association until the Association is terminatedj . Each claim of a lien must be signed and acknowledged by an officer of the Association, and must contain substantially the following information
(i). The name of the Association, the full title of the Declaration, the book and page number at which the Declaration is recorded, the name and address of the delinquent Owner, and
(ii). The legal description, and/or street address, and/or Unit number and/or legal description, and/or Chester County uniform parcel identifier number or tax parcel number of the Unit against which the claim of lien is made, as may be required by the Prothonotary or Recorder of Deeds at the time of filing the claim of lien, and
(iii). The total amount claimed to be due and owing, including the type and amount of the delinquent Assessments, liened Assessments, late fees, expenses, fees, fines, charges and interest, as well as all costs and attorneys' fees incurred by the Association to date of filing, together with the anticipated costs of recording and releasing, the claim of lien, and
(iv). That the claim of lien is made by the Association pursuant to the authority stated in this recorded Declaration, and
(v). That a lien is claimed against the Unit in an amount equal to the amount stated in the claim of lien, together with interest, costs and all other amounts which may thereafter become due from the Owner to the Association in accordance with this Declaration, and
(vi). The date of issuance of the claim of lien

17.10 REASSESSMENT AMONG ALL OWNERS

In the event the Board determines that any unpaid Assessments, liened Assessments, fees, expenses, fines, interest, charges and/or cost of collection, including attorneys' fees, have become uncollectible from any Owner, then the unpaid Assessments, liened Assessments, fees, expenses, fines, interest, charges and/or cost of collection, including attorneys' fee, must be reassessed by the Board as a Special Assessment to be collected from all the Owners or added to the Annual Assessment for the next fiscal year of the Association

17.11 DELINQUENCY HEARINGS

Subject to such Rules and Regulations as the Board may adopt, upon receipt of the delinquency Notice required to be issued under Section 5 above, the Owner may make a written request for a delinquency hearing before the Board Upon receipt of the Owner's written request, the Board will schedule and hold a delinquency hearing for the Owner The receipt of a request for a delinquency hearing and/or the scheduling of a delinquency hearing will not bar or prevent the Association from simultaneously pursuing the collection remedies provided to it under the Governing Documents and prevailing law

17.12 REMEDIES CUMULATIVE

All of the remedies provided to the Association in this Article will be deemed to be cumulative Nothing will prevent the Association from proceeding with one or more of its collection remedies consecutively or concurrently

18 ARTICLE XVIII - RESALE CERTIFICATE

18.1 RESALE CERTIFICATE

The title to a Unit may not be assigned, conveyed, sold or otherwise transferred to a new Owner except upon the issuance of a Resale Certificate by the Association The Owner of each Unit will bear the obligation to contact the Association in writing, through the Manager, to request the issuance of a Resale Certificate The Association will issue the Resale Certificate in accordance with the Act, applicable law and such Rules and Regulations as may now or hereafter be adopted by the Board

19 ARTICLE XIX - EASEMENTS

The Property is subject to the following easements

19.1 USE AND ENJOYMENT OF COMMON ELEMENTS

Each Owner shall have a nonexclusive right and an easement for the quiet use and enjoyment of the Common Elements, the Common Facilities and all improvements now or hereafter erected thereon and any Limited Common Elements appurtenant to the Owner's Unit The foregoing easement may be limited by the adoption of Rules and Regulations by the Board, and/or the provisions of this Declaration and all easements of record as of the date of the adoption hereof The foregoing easement shall be appurtenant to, and shall pass with, the title to every Unit without the necessity of a recitation thereof in the deed to the Unit The foregoing easement is also subject to the power of the Board to suspend the right and easement in favor of any Owner for the enjoyment of the Common Facilities, including any recreational facilities on the Common Elements, for any period during which any Assessment, fee, fine, charge, cost or expense against the Owner's Unit remains unpaid, and for the duration of any breach of the Association's Governing Documents

a. The Owner's right to use and enjoy the Common Elements may be delegated by the Owner to the Owner's family members who reside in the Owner's Unit, to the Owner's guests when accompanied by the Owner, or any Occupant of the Owner's Unit, and
b. No Owner or Occupant may have, claim or possess any ownership interest in the Common Elements, nor any part or portion of the Common Elements, by adverse possession or prescriptive easement by exercising the easements granted under this Declaration
c. No Owner or Occupant may have, claim or possess any ownership interest in the Limited Common Elements, nor any part or portion of the Limited Common Elements, by adverse possession or prescriptive easement by exercising the easements granted under this Declaration

19.2 INGRESS, EGRESS AND REGRESS

Each Owner shall hold an easement over the Common Elements for ingress, egress and regress Except as may be necessary during the course of performing maintenance, repair, restoration or replacement work, or as may be necessary to protect health, safety or welfare, an Owner's easement over the Common Elements for ingress, egress and regress may not be impaired or suspended by the Association

19.3 PARKING EASEMENT

Except as limited below, the Owners and Occupants shall have and enjoy an easement for ingress, egress and regress, and to operate and park up to, but not in excess of, three (3) motor vehicles on the paved portions of the Common Elements

a. The aforesaid right to operate and park motor vehicles on the paved portions of the Common Elements is subject to the power of the Board to adopt Rules and Regulations governing the operation and parking of motor vehicle on the Common Elements and to the condition of the paved portions of the Common Elements
b. The aforesaid right to operate and park motor vehicles on the paved portions of the Common Elements does not extend to any unpaved portions of the Common Elements
c. Owners of Units with garages have driveways providing access to the garages The Owners of the Units with garages are encouraged to park their motor vehicles in their garages and the driveways providing access to the garages

19.4 UTILITY EASEMENTS

The Property, including the Units, is made subject to an easement in favor of the Association and all agencies or companies now or hereafter providing utility services to transmit, furnish, receive, maintain, repair, replace, restore and meter such utility services as are desirable or necessary to adequately serve the Property, and/or meet the health, safety and/or welfare needs of the Owners

a. The easements for utilities shall include by way of example, but not by way of limitation, the powers to install, lay, maintain, repair, relocate, restore and/or replace any utility lines, pipes, conduits, poles, wires, antennas, pumps, meters, meter pits, junction boxes or other equipment over, under, through, along, in or on the Property
b. Utility services shall be deemed to include by way of example, but not by way of limitation, the following cable television, data delivery or transmission, electric, gas, sewer, telephone, water and video programing services

19.5 UTILITY EASEMENTS OVER COMMON ELEMENTS

The Board shall have the exclusive power to grant or enlarge easements under, over or through the Common Elements in favor of utility service providers, including, but not limited to, utility companies and federal, state, township, or municipal authorities, agencies or corporations for the purposes of installing, supplying, metering, furnishing, operating, maintaining, repairing, restoring or replacing utility services which serve or benefit the Property, the Association and/or the Owners

19.6 EASEMENT TO INSPECT, MAINTAIN, REMEDY AND REPAIR

The Units, including, but not limited to roofs, exterior walls, stoops, steps, walks, patios, decks, landscaping and gardens shall be, and are hereby made, subject to an easement in favor of the Association, and the Association's officers, Manager, agents, servants, employees and contractors for entrance without notice to, over, under, through, along, in or on the Units, for purposes of performing inspections, maintenance, repair, restoration and/or replacement services which the Association is now, or may hereafter, be required to render or perform under the Declaration or prevailing law The Association or the Association's officers, managers, agents, servants and employees shall use their best efforts to provide the unit owner with prior notice thereof, except in the event of an emergency

a. The Association's officers, Manager, agents, servants, employees and contractors shall also have an easement over, under, through and on a Unit for entry with or without Notice to remedy any condition in, on, or about the Common Elements and the exterior of any Unit which poses a risk of substantial immediate danger or harm to the health, safety and/or welfare of Owners and/or Occupants, and/or to the value, appearance or enjoyment of the use of the Common Elements, and
b. The Association's officers, agents, servants, employees and contractors shall also have an easement over, under, through and on the exterior of a Unit, with or without Notice, to abate any violation of the Governing Documents by an Owner which represents an immediate threat of danger or harm to the health, safety, welfare or security of any Owner or Occupant, and/or a threat of significant immediate damage to the value, appearance or enjoyment of the use of the Common Elements, if the violation is not cured by an Owner promptly upon receipt of Notice to cure the violation from the Association, and
c. No Owner shall deny, hinder or delay any exercise of this easement by the Association, the Board, the Manager, nor by the Association's officers, agents, servants, employees and/or contractors, and
d. All costs and expenses, including court costs and attorneys' fees, incurred by the Association to exercise and/or obtain a court order to enforce the easement granted herein over, under, through or on a Unit shall be deemed to be a lien on the Owner's Unit, and the Owner's personal obligation, collectable from the Owner and enforceable in the same manner as a delinquent Assessment

19.7 EASEMENT FOR SUPPORT

To the extent necessary, each Unit possesses an easement for structural support over every other Unit, and over the Common Elements The Common Elements, Common Facilities and Limited Common Elements, and any improvements now or hereafter erected thereon by the Association, shall have an easement for support over all Units

19.8 EASEMENT OVER PARTY WALLS

Each Unit possesses an easement to enter and encroach upon the Party Walls to install, use, maintain, repair, remove and replace electrical, plumbing, heating and air conditioning fixtures, pipes, lines, conduits, fixtures or devices, and to place nails, screws and other fasteners in, into and upon said Party Walls The foregoing easement is subject to the limitation that no exercise or use of the easement may in any manner structurally damage, weaken or impair any party wall, nor impair or destroy any weatherproofing in or on any Party Walls

19.9 EASEMENT OVER SHARED USE DRIVEWAYS AND WALKWAYS

Some of the Units have been constructed with shared use driveways, and/or shared use walkways or stairways providing access from a driveway to a Unit or Units Each Unit served by a shared use driveway, walkway and/or stairway possesses an easement to enter upon and enjoy the use of the shared use driveway, walkway and/or stairway for access to and from the Unit and the driveway, and for the parking of motor vehicles in the driveway, subject to the provisions of this Declaration and the Rules and Regulations The foregoing easement is subject to the limitation that no exercise or use of the easement by any Owner or Occupant may in any manner structurally damage, weaken or impair any driveway, walkway and/or stairway The foregoing easement is subject to the further limitation that no exercise or use of the easement by any Owner or Occupant may in any manner impair or limit access to, or use of, the driveway, walkway and/or stairway by any other Owner or Occupant

19.10 REPAIR OF DAMAGES FROM EXERCISING EASEMENTS

In the event the Association and/or any Owner or Occupant damages any Unit, and/or any part or portion of the Common Elements, Limited Common Elements or Common Facilities, in exercising any easement granted herein, then it will be the obligation of the Association, or the Owner or Occupant who exercised the easement, to promptly repair all damages, and to restore the disturbed or damaged portions of the Unit, Common Elements, Limited Common Elements and/or Common Facilities, as applicable, to the appearance, condition and function in which it, or they, existed prior to the exercise of the easement

19.11 ENCROACHMENTS

If any portion of the Common Elements, the improvements now or hereafter erected thereon, or any Common Facility encroaches upon any Unit, or if any Unit encroaches upon any part or portion of the Common Elements, the improvements thereon, or any Common Facility as a result of settling or shifting, other than as a result of purposeful or negligent acts or omissions, then a valid easement shall exist for so long as the encroachment shall exist

19.12 ASSOCIATION EASEMENT

The Association by and through its officers, Manager, agents, servants, employees and independent contractors shall have and shall enjoy an easement, with or without Notice, on, over, under and through the Common Elements and the exteriors of the Units for all purposes related to the administration, management, operation, maintenance, repair, replacement and improvement of the Common Elements and/or Units

19.13 TOWNSHIP EASEMENT

Willistown Township, by and through its duly authorized agents, servants, employees and contractors, including, but not limited to, fire, police, emergency and code enforcement officers, shall possess an easement on and over the Property for all lawful purposes

19.14 EASEMENTS RUN WITH LAND

All easements and rights described in this Article are irrevocable easements appurtenant to, and running with, the title to the Units and the Common Elements, and all the said easements and rights shall be in full force and effect for the duration of this Declaration, as the same may be amended from time-to-time, and at all times shall enure to the benefit of, and be binding upon, the Association, the Board, each Owner, all mortgagees, Occupants, lessees, or any other person now or hereafter possessing, enjoying or holding any interest in a Unit, and/or any easement to use or enjoy the Common Elements

20 ARTICLE XX - PARTY WALLS

20.1 GENERAL RULES OF LAW TO APPLY

The Units have been constructed with certain party walls Each party wall is placed on the dividing line between the Units as a common support to the Unit located on each side of the Party Walls All prevailing general rules of law regarding Party Walls, and liability for maintenance or damages due to any negligence or willful acts or omissions shall apply thereto as between the Units benefited by any Party Wall

20.2 USE OF PARTY WALLS

Individual Owners may use Party Walls in accordance with the easement provided above, subject to the condition that if an Owner structurally damages, weakens or impairs any Party Wall, and/or the weatherproofing, and/or any soundproofing or insulation, if any, on or in the Party Wall, then the Owner who caused the damage must promptly repair and restore the Party Wall, weather proofing, soundproofing and/or insulation to the appearance, condition, and function in which it existed prior to being damaged, weakened or impaired at the sole cost and expense of the Owner who exercised the easement

20.3 SHARING OF COSTS OF REPAIR AND MAINTENANCE

Except as stated in Section 2 above, the cost of all repair and maintenance of a Party Wall will be shared by the Owners of the Units who share the use of the Party Wall in proportion to their use of the Party Wall

20.4 DESTRUCTION BY FIRE OR CASUALTY

If a Party Wall is destroyed or damaged by fire, weather, Act of God or other casualty, then the Owners of the Units who make use of the Party Wall must promptly restore and repair the Party Wall, and the Owners will bear the costs of repair and restoration in proportion to their use of the Party Wall Any Owner who makes use of a Party Wall may maintain, restore and repair the wall, and if another Unit, or Units, benefit from the use of the portion of the Party Wall maintained, restored or repaired, then the other Owner or Owners must contribute to the cost of repair and restoration thereof in proportion to their use of the Party Wall, without prejudice to the right of each such Owner to demand and call for a larger contribution from another Owner under any rule of law regarding liability for negligent or willful acts or omissions resulting in damage, deterioration or impairment of the Party Wall

20.5 WEATHERPROOFING

The costs of weatherproofing a Party Wall, including by way of example, but not by way of limitation, repair, replacement, painting and sealing of siding, coping and flashing, shall be shared by the Owners of the Units who benefit from the use of the Party Wall in the manner stated above Notwithstanding any other provision of this Article, if an Owner, by the Owner's negligent or willful act causes a Party Wall to be or become exposed to the elements, then the Owner who negligently or willfully caused the Party Wall to be exposed to the elements will bear the whole cost of the restoration and repair of the Party Wall necessary to protect it against the elements and to return the Party Wall to its prior appearance, condition and function

20.6 RIGHT TO CONTRIBUTION RUNS WITH LAND

The right of any Owner to contribution for Party Wall costs from another Owner shall be appurtenant to, and shall be a benefit, burden and then upon each Unit, and shall pass to each Owner's heirs, successors and assigns, without regard for whether specifically set forth in any deed transferring title to a Unit

21 ARTICLE XXI - SHARED USE DRIVEWAYS, WALKWAYS AND STAIRWAYS

21.1 USE OF SHARED USE DRIVEWAYS, WALKWAYS AND STAIRWAYS

Owners and Occupants may use shared driveways, walkways and/or stairways only in accordance with the easement provided in Article XIX above. If any Owner or Occupant structurally damages, weakens or impairs any shared use driveway, walkway and/or stairway, then the Owner is obligated to promptly repair and restore the shared driveway, walkway and/or stairway to the appearance, condition, and function in which it or they existed prior to being damaged, weakened or impaired at the sole cost and expense of the Owner

21.2 DAY-TO-DAY MAINTENANCE OF SHARED USE DRIVEWAYS, WALKWAYS AND STAIRWAYS

All day-to-day maintenance and repair of shared use driveways, walkways and/or stairways, including, but not limited to cleaning, removal of leaves and debris and snow and ice removal, must be performed by the Owners of the Units which benefit from the shared use driveways, walkways and/or stairways except as provided to the contrary herein

21.3 SHARING OF COSTS OF MAINTENANCE

All of the costs, fees and expenses incurred for day-to-day repair and maintenance of shared use driveways, walkways and/or stairways must be shared in equal proportions by the Owners of the Units who benefit from the use of the shared use driveway, walkway and/or stairway

21.4 REPLACEMENT OF SHARED USE DRIVEWAYS WALKWAYS AND STAIRWAYS

Shared use driveways, walkways and/or stairways are Limited Common Elements The replacement of shared use driveways, walkways and/or stairways at such times, and in such manner, as may be determined by the Board shall be the responsibility of the Owners of the Units which benefit from the use of the shared driveway, walkway, or stairway All costs, fees and expenses incurred by the Association for the replacement of the shared use driveways, walkways and/or stairways shall be Common Expenses to be levied and assessed as may be determined by the Board in with the provisions of this Declaration

21.5 DESTRUCTION OR DAMAGE

If a shared use driveway, walkway and/or stairway is damaged due to the intentional act or negligence of an Owner or an Occupant of an Owner's Unit, then the Owner of the Unit must promptly restore and repair the shared use driveway, walkway and/or stairway at the Owner's sole cost and expense Any Owner who makes use of a shared use driveway, walkway and/or stairway may maintain or repair the driveway, walkway and/or stairway, and if another Unit, or Units, benefit from the use of the shared use driveway, walkway and/or stairway maintained or repaired, then the other Owner or Owners must contribute to the cost of repair and restoration thereof in equal proportions, without prejudice to the right of each such Owner to demand and call for a larger contribution from another Owner under any rule of law regarding liability for negligent or willful acts or omissions resulting in damage, deterioration or impairment of the shared use driveway, walkway and/or stairway

21.6 RIGHT TO CONTRIBUTION RUNS WITH LAND

The right of any Owner to contribution for costs of maintenance or repairs of a shared use driveway, walkway and/or stairway from another Owner or Owners shall be appurtenant to, and shall be a benefit, burden and lien upon each Unit which benefits from the shared use driveway, walkway and/or stairway, and shall pass to each Owner's heirs, successors and assigns, without regard for whether specifically set forth in any deed transferring title to a Unit

22 ARTICLE XXII - ARCHITECTURAL CONTROL

22.1 NO ARCHITECTURAL CHANGES WITHOUT APPROVAL

In order to ensure harmonious and efficient development of the Property, to preserve the uniform appearance and value of the Property, and in order to maintain and monitor each Owner's compliance with the Governing Documents, no Owner may make any change, modification, renovation, improvement or addition to the exterior of any Unit, nor to any Building, the Common Elements, Limited Common Elements or Common Facilities except upon first obtaining written approval from the Board in accordance with the procedures and conditions established in the Governing Documents The Board is not required to obtain architectural approval in carrying out or exercising or any of the Association's improvement maintenance, repair, replacement or restoration obligations or powers under the Governing Documents

a. If any Owner makes, starts, permits or condones any change, modification, repair, renovation, reconstruction, improvement or addition to the exterior of any Unit, any deck, patio, stoop, stairway, sidewalk or path, any Building, Common Elements, Limited Common Elements or Common Facilities without first obtaining written architectural approval in accordance with the Governing Documents, then the Owner will be subject to all remedies available to the Association, including, but not limited to the imposition of all fines and sanctions available to the Association, under the Governing Documents and applicable law
b. The Association may also file such action, or actions, at equity or law as the Board may authorize for the purposes of enforcing the Governing Documents, and/or stopping the work, and/or obtaining the removal of any improvements or additions already erected, and for the return of the Property to its pre-existing condition, function and appearance
c. All costs, fees and expenses incurred by the Association in any such action, including attorneys', architects', engineers' and contractors' fees, will be a lien on the Owner's Unit, and the Owner's personal obligation, recoverable from the Owner in the same manner as an unpaid Assessment

22.2 CHANGES WITHIN UNITS

Owners will not bear any obligation to obtain any architectural approval under the provisions of this Article, unless otherwise required by Rules or Regulations adopted by the Board, if the proposed improvements are to be made solely within the Owner's Unit, will not be visible from the exterior of the Unit, do not affect any weight bearing or structural member of a Unit, and do not increase the costs, expenses or duties borne by the Association for the maintenance, repair or replacement of the exterior of the Unit

22.3 ARCHITECTURAL REVIEW COMMITTEE

The Board will have the power to serve as, or to appoint as the Board may deem appropriate, an Architectural Review Committee (the "Committee" for purposes of this Article) If the Board acts without a Committee, then the Board will receive, review and act upon architectural applications in accordance with the procedures stated in this Article, the Bylaws and any Rules and Regulations adopted by the Board If the Board appoints a Committee, then the Committee will receive, review and make recommendations regarding architectural applications to the Board, and the Board will act upon the architectural applications in accordance with the procedures stated in this Article, the Bylaws and any Rules and Regulations adopted by the Board

22.4 RULES AND REGULATIONS

The Board shall have the power to adopt, amend and/or withdraw Architectural Rules and Regulations Architectural Rules and Regulations may contain specifications providing guidance to the Owners for improvements, additions or changes to the Units

22.5 REVIEW OF PLANS AND SPECIFICATIONS

In reviewing applications the Board, or the Committee if appointed, will only review applications which comply in all material respects with the applicable provisions of the Governing Documents In reviewing all applications, consideration will be given to preserving a harmonious and uniform exterior design and appearance of the Units and the Common Elements, and such other factors as the Board or Committee may deem appropriate, including the following

a. Completeness and accuracy of the application, and compliance of the application with the requirements of any applicable Rules and Regulations, and
b. Location, height, bulk, dimensions, function, appearance and location of the proposed improvements, and
c. Avoiding encroachments on the Common Elements, and
d. Avoiding encroachments on other Units, and
e. Avoiding encroachments on easements, and
f. Avoiding encroachments on the Common Elements, and
g. Avoiding encroachments on storm water control improvements, and
h. Avoiding threats to the health, safety and welfare of the Owners, and
i. Avoiding any change or impairment of the uniform appearance of the Property, andj
j. Avoiding any change which will unnecessarily increase any Common Expense, and
k. Any applicable federal, state or local ordinances, laws, regulations or statutes known to the Committee or Board, including the Township zoning or building ordinance, but neither the Board nor the Committee will have any obligation to seek out, study or enforce any local ordinances, laws, regulations or statutes, nor will the issuance of an approval, if any, by the Board be deemed a certification of compliance of the application or the proposed improvement with any applicable ordinance, law, regulation, code or statute, and
l. The conservation and preservation of the prevailing general and specific topography, landscaping, trees and views on the Property, as well as preserving the harmonious and uniform architectural appearance, style and finish details (including by way of example, but not by way of limitation, paint color, windows, doors, roofs, sight lines, exterior veneers, surfaces and trim) of the Units, Common Elements and Limited Common Elements, and
m. Permitting reasonable modifications to the Property to permit a handicapped Owner or Occupant full access to, and enjoyment of, their Unit and the Property

22.6 SUBMISSION OF ARCHITECTURAL APPLICATIONS

Architectural applications may only be submitted by Owners Owners must submit architectural applications on behalf of Occupants All applications must be submitted in writing, and in accordance with such Rules and Regulations as may be adopted by the Board

22.7 CONTENTS OF ARCHITECTURAL APPLICATIONS

All applications must contain a narrative description of the proposed Improvements, complete plans and material specifications, to include a detailed sketch plan, with scale stated, showing all existing Improvements, building and property lines, trees, paths, decks, patios, stoops, stairs, landscaping and gardens

a. The application must be sealed by a Registered Architect and/or Professional Engineer if requested by the Committee or Board
b. The application must also contain such additional documentation, plans, information or exhibits as may be required to be submitted through the adoption of Rules and Regulations, or as may be requested by the Committee or Board
c. The time for the approval, or deemed approval, of an architectural application will not start to run until the Owner applicant submits a complete application and/or obtains and submits such additional materials, specifications or certifications as may be requested by the Board and/or Committee to complete the application

22.8 ARCHITECTURAL COMMITTEE RECOMMENDATIONS

If appointed by the Board, and subject to any applicable Rules and Regulations, the Committee will review any complete application and make a written recommendation to the Board suggesting either approval or denial of the application Incident to issuing any recommendations to the Board, the Committee may make suggestions to the Board regarding conditions and/or modifications to the proposed improvements

22.9 COMMITTEE APPROVAL IS NOT BOARD APPROVAL

A recommendation of approval by the Committee of any application is not an approval of the application, and no work may be started, nor materials delivered, until such time as a written approval, if any, is signed and issued by the Board

22.10 BOARD REVIEW OF APPLICATION

If the Board operates without a Committee, then the Board must review an application and issue a written decision within thirty (30) days of its receipt of the completed application If a Committee is appointed by the Board, then the Committee's review and written recommendation to the Board must be issued in such a timely manner as to permit the Board to act upon the application within thirty (30) days after receipt of the completed application

a. The failure of the Board to issue a written decision within thirty (30) days of receipt of a complete application will be deemed to be a denial of the application, and
b. Without regard for the Committee's recommendation, the Board may approve or deny any application, save that no application will be unreasonably denied, and
c. Applications approved by the Board must be signed by the Board President and/or Secretary, and
d. The Board may impose such conditions, restrictions, or requirements upon the proposed improvements, including, but not limited to, conditions governing work sequencing, materials used, storage of materials and equipment, fit and finish, construction and construction vehicles, as the Board may deem appropriate incident to granting an approval, and
e. The denial of an application by the Board will not bar the applicant from withdrawing and revising and resubmitting an application

22.11 APPEAL TO BOARD

Any applicant aggrieved by the decision of the Board in issuing a denial of an application will have a right of appeal of the denial directly to the Board, and to request an appeal hearing in accordance with such due process procedures as may be established in the Governing Documents The denial of an appeal will not bar the applicant from withdrawing and revising and resubmitting an application

22.12 CONDITIONS OF ARCHITECTURAL APPROVAL

In addition to any conditions which may be imposed by the Board in issuing any architectural approval, and in consideration of any architectural approval received, the following conditions shall be deemed to be incorporated into all approvals, without regard for whether such conditions are stated in any approval or decision issued by any Board, arbitrator or court

a. The Owner must obtain all building permits necessary under prevailing federal, state, local or municipal statutes, laws, codes or ordinances before any materials are delivered, and before starting work, on the proposed improvements, and
b. The issuance of an approval by the Board will not be deemed to be, or to effect, a waiver of the need for the Owner to obtain all necessary building permits before proceeding with the proposed improvements, and
c. The Owner and the Owner's Contractor must maintain liability insurance, and the Owner's general contractor must maintain workman's compensation insurance, in adequate amounts during the construction of the proposed improvements, and must provide the Board with certificates of insurance before the delivery of materials and start of work on the proposed improvements, and
d. The proposed improvements must be performed and completed, and insured, maintained, repaired and replaced at the sole cost and expense of the Owner, and
e. The Owner shall be deemed to irrevocably represent and warrant to the Association that the proposed improvements will be completed in strict compliance with all plans and specifications approved, all permits and all applicable building and fire codes, and
f. The Owner shall be deemed to have irrevocably represented and warranted to the Association that no hazardous substances will be used, installed, transferred, stored, treated or held upon the Property during the course of constructing the proposed improvements, and
g. The Owner shall be deemed to have irrevocably covenanted and agreed that upon completion of the proposed improvements, all disturbed portions of the Property will be promptly returned by the Owner to the condition, function and appearance which prevailed thereon prior to the start of work at the sole cost and expense of the Owner

22.13 NO CHANGES TO COMMON ELEMENTS

No Owner may perform any work or erect any improvements which will affect, change, impair, touch upon, remove, destroy or burden the Common Elements, any improvements now or hereafter made to the Common Elements, or any Common Facilities now or hereafter made to, or erected on, the Common Elements, except upon the receipt of prior written approval from the Board

a. If any Owner makes, starts, permits or condones any change, modification, repair, renovation, reconstruction, restoration, improvement or addition to any part or portion of the Common Elements, any improvements now or hereafter made to the Common Elements, or Common Facilities without first obtaining written approval from the Board in accordance with this Article, then the Owner will be subject to the imposition by the Board of all fines and sanctions available under the Governing Documents and applicable law
b. The Association may also file such action at equity or law for the purposes of enforcing the Governing Documents, and/or stopping the work, and/or obtaining the removal of any unapproved improvements or additions made or erected, and for the return of the Common Elements, any improvements now or hereafter made to the Common Elements, and/or the Common Facilities to their pre-existing condition function and appearance

14. OWNER APPLICANT'S INDEMNIFICATIONS Each Owner, by acceptance and retention of the deed to a Unit, hereby irrevocably covenants and agrees to indemnify, and hold the members of the Board, and if appointed, the members of the Committee, harmless from any liability, claim, damage, cost or expense arising from the Board's and/or the Committee's performance of their review and approval functions in the manner contemplated by this Article

23 ARTICLE XXIII - MAINTENANCE OF COMMON ELEMENTS

23.1 COMMON ELEMENT MAINTENANCE BY ASSOCIATION

The Association, by and through the Board, shall have the exclusive powers and duties to maintain, repair, replace, modify, remove, refurbish, alter, improve, change and make additions to the Common Elements, the Common Facilities and any other improvements now or hereafter erected on the Common Elements by the Association The Association must keep the Common Elements, the Common Facilities and any other improvements now or hereafter erected on the Common Elements in good order and repair The improvements to the Common Elements to be maintained by the Association include, but are not limited to, all landscaped areas and lawns, storm water control facilities and roads The Association, by and through the Board, must maintain, repair and replace the Common Elements in accordance with Section 5307(a) of the Act Except as may be stated in this Declaration and/or the Act, all costs, fees and expenses incurred by the Association to maintain, repair, replace, modify, remove, refurbish, alter, improve, change and make additions to the Common Elements, the Common Facilities and any other improvements now or hereafter erected on the Common Elements by the Association shall be a Common Expense

23.2 NO APPROVAL

The Association may carry out such maintenance, repair, replacement, modification, removal, restoration, alteration, improvements, change or additions upon the Common Elements, and/or any improvements now and hereafter thereon by the Association without obtaining architectural approval

23.3 COSTS OF COMMON ELEMENT MAINTENANCE

All costs, fees and expenses incurred by the Association for the maintenance, repair, replacement, modification, removal, restoration, alteration, improvement, change or additions to Common Elements, any improvements now and hereafter thereon by the Association, the Common Facilities and/or the Limited Common Elements, which benefit all of the Owners, and which do not arise from Owner or Occupant negligence, misconduct or intentional act, shall be Common Expenses

a. If the Common Elements, Common Facilities and/or any improvements now and hereafter erected by the Association on the Common Elements are damaged due to an Owner's negligence, misconduct or intentional act then all costs, fees and expenses incurred by the Association for the maintenance, repair, replacement, or restoration of the Common Elements must be levied and collected as a Repair Assessment against the Owner's Unit

24 ARTICLE XXIV REPLACEMENT OF LIMITED COMMON ELEMENTS

24.1 LIMITED COMMON ELEMENT REPLACEMENT BY THE ASSOCIATION

The Association, by and through the Board, shall have the exclusive power and duty to replace and make additions to the Limited Common Elements All other maintenance, repair, refurbishment, painting, sealing, care and cleaning of the Limited Common Elements shall be performed by, and at the sole expense of, the Owner or Owners of the Units to which the Limited Common Elements are appurtenant

a. All costs, fees and expenses incurred by the Association for replacements and/or additions to the Limited Common Elements which benefit all of the Owners, and which do not arise from Owner or Occupant's negligence, misconduct or intentional act, shall be Common Expenses, and
b. All costs, fees and expenses incurred by the Association for replacements and/or additions to the Limited Common Elements which do not benefit all of the Owners, and/or which arise from Owner or Occupant's negligence, misconduct or intentional act, shall be levied exclusively against the Unit or Units benefitted in accordance with the relevant provisions of this Declaration

24.2 NO APPROVAL

The Association may carry out such maintenance, repair, replacement, modification, removal, restoration, alteration, improvements, change or additions upon the Limited Common Elements, and/or any improvements now and hereafter thereon by the Association without obtaining architectural approval

24.3 COSTS OF LIMITED COMMON ELEMENT MAINTENANCE

All costs, fees and expenses incurred by the Association for the maintenance, repair, replacement, modification, removal, restoration, alteration, improvement, change or additions to the Limited Common Elements and/or any improvements now and hereafter thereon by the Association which benefit all of the Owners, and which do not arise from Owner or Occupant negligence, misconduct or intentional act, shall be Common Expenses

a. If the Limited Common Elements, and/or any improvements now and hereafter erected by the Association on the Limited Common Elements, are damaged due to an Owner's negligence, misconduct or intentional act then all costs, fees and expenses incurred by the Association for the maintenance, repair, replacement, or restoration of the Limited Common Elements must be levied and collected as a Repair Assessment against the Owner's Unit

25 ARTICLE XXV MAINTENANCE AND REPAIR OF LIMITED COMMON ELEMENTS

25.1 OWNER'S GENERAL MAINTENANCE AND REPAIR DUTY FOR LIMITED COMMON ELEMENTS

Except as stated herein, every Owner bears the sole and exclusive duties and responsibilities to protect, preserve, secure, maintain, repair, clean and care for the Limited Common Elements appurtenant to his, her or their Unit Every Owner shall also bear the sole and exclusive duties and responsibilities to insure, protect, preserve, secure, maintain, repair, replace, remove, clean and care for all improvements and personal property now or hereafter erected, made to, or placed upon the Limited Common Elements by the Owner All of the aforesaid duties and responsibilities must be performed by the Owner at the Owner's sole cost and expense

a. Owners may not alter, change, modify or remove, nor to make any improvement, change or addition to, any of the Limited Common Elements, without first obtaining written architectural approval under the provisions of this Declaration and the Rules and Regulations regarding architectural control
b. Owners shall not have any power or authority to use, keep or maintain any personal property on any Limited Common Elements or any portion thereof, except as may be permitted under the provisions of this Declaration and/or the Rules and Regulations

25.2 ASSOCIATION MAINTENANCE AND REPAIR OF LIMITED COMMON ELEMENTS

Except as stated herein, the Association shall maintain the sole and exclusive duty and responsibility for snow removal and ice removal for driveways, walkways and steps

a. In the event that an Owner fails, neglects or refuses to protect, preserve, secure, maintain, repair, clean and/or care for the Limited Common Elements appurtenant to the Owner's Unit, then upon ten (10) days written Notice to the Owner, the Association, by and through its agents, servants, employees and contractors, may exercise its easement and enter upon the Limited Common Elements and the Unit, and conduct all work necessary to protect, preserve, secure, maintain, repair, clean and care for the Limited Common Elements appurtenant to the Owner's Unit, and the costs thereof must be levied and assessed as a Repair Assessment against the Unit The Association is not required to obtain architectural approval, nor any approval from any Owner, before the Association performs any work under this Section 2
b. Without regard for the foregoing procedure, if it becomes necessary for the Association to perform emergency maintenance, repair, restoration or replacement upon the Limited Common Elements appurtenant to a Unit to remove or remedy any condition of the Limited Common Elements which represents a threat of immediate harm to the health, safety or welfare of any Owner or Occupant, or to the appearance, value and/or enjoyment of the use of the Property, then the Association may exercise its easement over the Unit with or without Notice to the Owner, and conduct all necessary maintenance, repair, restoration and replacements upon the Limited Common Elements to terminate the threat of immediate harm All costs, fees and expenses incurred by the Association must be levied and assessed as a Repair Assessment against the Unit, and
c. If any Owner or Occupant impairs or refuses the Association, its agents, servants, employees or contractors access to a Unit or the Limited Common Elements appurtenant to a Unit to replace the Limited Common Elements appurtenant to the Owner's Unit, or to perform emergency maintenance, repair, restoration or replacement upon the Limited Common Elements appurtenant to the Owner's Unit, then the Owner must reimburse in favor of the Association, in addition to the costs, fees and expenses incurred by the Association to maintain, repair, restore or replace the Limited Common Elements appurtenant to the Owner's Unit, all costs, fees, and expenses, including attorneys' fees, incurred by the Association to obtain an order from a court granting the Association entry to the Owner's Unit and/or the Limited Common Elements appurtenant to the Owner's Unit

26 ARTICLE XXVI MAINTENANCE OF UNIT

26.1 OWNER'S GENERAL MAINTENANCE AND REPAIR DUTY

Except as stated below, every Owner shall have the sole and exclusive duties and responsibilities to insure, protect, preserve, secure, maintain, repair, replace, modify, remove, refurbish, restore, alter, improve, clean and care for his, her, their or its Unit and all improvements now or hereafter erected or made to the Unit by the Owners Every Owner must insure, protect, preserve, secure, maintain, repair, replace, modify, remove, refurbish, restore, alter, improve, clean and care for his, her, their or its Unit and all improvements now or hereafter erected or made to the Unit by the Owner, at the Owner's sole cost and expense

26.2 OWNER'S GENERAL MAINTENANCE AND REPAIR DUTY FOR UNIT

By way of example, but not by way of limitation, and subject to any Rules and Regulations adopted by the Board, each Owner shall bear the exclusive duties and responsibilities at his, her, its or their sole cost and expense, to insure, protect, preserve, secure, maintain, repair, replace, modify, remove, refurbish, restore, alter, improve, clean and care for the following

a. All of the glass, windows, and their components, including window frames, window sills, window panes, mullions, skylights, doors, and their components, sliding glass doors, screen and storm doors, locks, nobs and knockers, and all door frames in or on a Unit including the cleaning and maintenance of all glass, insulation, molding, caulk and weather stripping and sealing materials, including the care and replacement of screens as necessary, and
b. All utility service lateral lines, pipes, ducts, wires, cables, conduits and other improvements located within a Unit, as well as those located outside the exterior walls of a Unit, which conduct, transmit or otherwise deliver or carry water, electric, sewer, phone, cable television or any other utility services to, from or between a Unit and a main supply line, including all, but not limited to, all meters, junction boxes and pumps, and
c. All lighting and electrical fixtures providing illumination or electrical service on or in a Unit, including the exterior of a Unit, and
d. All appliances, including by way of example, but not by way of limitation washers, dryers, hot water heaters, humidifiers, dehumidifiers, ranges, range hoods, stoves, microwave ovens, dishwashers, garbage disposals, refrigerators and ice makers, and
e. Painting, wallpapering, decorating, maintaining, repairing and replacing the interior walls, ceilings, doors, floors, stairs, partitions, plumbing and plumbing fixtures, heating, ventilating and cooling systems (including any parts or portions thereof which may be located on or under the Common Elements or Limited Common Elements), appliances, carpets, rugs and floors, and
f. All landscaping improvements, if any, made by the Owner, and
g. All fireplaces, chimneys, vents and stacks serving the Unit, however, the Association shall bear the responsibility to paint the outside of the chimney, and
h. All parts of the exterior of the Unit which are not specifically made the duty or obligation of the Association in this Declaration, including such work on the exterior of the Unit as may from time-totime be required by the Board upon Notice to the Owner to preserve the value, condition, and appearance of the Unit

26.3 ASSOCIATION MAINTENANCE OF EXTERIORS OF UNITS

The Association must replace, at such times and in such sequence and manner as may be determined by the Board, only the following portions of the exteriors of the Units

a. Roofs, and
b. Siding, and
c. Gutters, and
d. Down spouts, and
e. Provide such other services as the Association, by vote of sixty-seven (67%) percent of the Owners, may be authorized to perform, subject to the Association's power and duty to recover all charges, costs, fees and expenses incurred in accordance with the applicable provisions of this Declaration, and
f. All costs, fees and expenses incurred by the Association to replace the portions of the exteriors of the Units identified in this Section 1 must be treated as Common Expenses, and shall be levied and assessed as may be determined by the Board in accordance with the provisions of this Declaration, and
g. The Association is not required to obtain architectural approval, nor any approval from any Owner, before the Association performs any work under this Section 3

26.4 ASSOCIATION MAINTENANCE AND REPAIR OF UNITS DUE TO OWNER NEGLECT

In the event that an Owner fails, neglects or refuses to maintain, repair, replace, refurbish, restore, clean and/or care for the Owner's Unit, or any part or portion of the exterior of the Owner's Unit which the Owner is required to maintain, repair or replace, then upon ten (10) days written Notice to the Owner, the Association, by and through its agents, servants, employees and contractors, may exercise its easement and enter upon the Unit, and conduct all necessary maintenance, repair, replacement, refurbishment, restoration, cleaning and/or care upon the Unit, and the costs thereof must be levied and assessed as a Repair Assessment against the Unit

a. Without regard for the foregoing, the Association may perform emergency maintenance, repair, replacement, refurbishment, restoration, cleaning and/or care upon the Unit, if deemed necessary by the Board to remove or remedy any condition of the Unit which represents a threat of immediate harm to the health, safety or welfare of any Owner or Occupant, or to the appearance, value and/or enjoyment of the use of the Property, without Notice to the Owner, and conduct all work necessary to terminate the threat All costs, fees and expenses incurred by the Association to perform such work must be levied and assessed as a Repair Assessment against the Unit, and
b. If any Owner or Occupant impairs or refuses the Association, its agents, servants, employees or contractors access to a Unit to perform maintenance, repair, replacement, refurbishment, restoration, cleaning and/or care upon the Unit in the manner contemplated by this Section 3, then the Owner must reimburse in favor of the Association, in addition to the costs of the maintenance, repair, replacement, refurbishment, restoration, cleaning and/or care upon the Unit, all costs, fees, and expenses, including attorneys' fees, incurred by the Association to obtain an order from a court granting the Association entry to the Owner's Unit

27 ARTICLE XXVII LIMITED LIABILITY OF BOARD FOR MAINTENANCE

27.1 LIMITED LIABILITY OF BOARD FOR MAINTENANCE

The members of the Board shall not be, either individually or collectively, subject to any claim, cause of action, demand or suit, and shall bear no personal liability to any Owner or Occupant, for any decision or decisions made by the Board in good faith in regard to the nature and extent of the performance, time of performance, order of performance, work sequencing, materials, effectiveness and/or cost of performance of the maintenance, repair, replacement, restoration and all other work or services performed, or required to be performed by the Association under this Declaration

28 ARTICLE XXVIII USE RESTRICTIONS

28.1 PURPOSES OF USE RESTRICTIONS

The Property is intended to be used exclusively for single family residential purposes Therefore, the Property is made subject to the Use Restrictions stated in this Article in order to preserve the Owners' and Occupants' health, safety and welfare, their ability to continue to enjoy the use of the Property for residential purposes, to facilitate the Board's administration, management and operation of the Property exclusively for residential uses, and to preserve the value, residential use and uniform appearance of the Property

28.2 USE RULES AND REGULATIONS

The Board possesses the power, by majority vote, to adopt, amend, withdraw, enforce and publish Rules and Regulations regarding the use, enjoyment, maintenance, repair, replacement and improvement of the Property which are not in conflict with the Governing Documents, including these Use Restrictions, and as are intended to apply, interpret or enforce these Use Restrictions or any law now or hereafter made applicable to the Property or the Association Any Rule and Regulation concerning the use and enjoyment of the Property adopted by the Board may be amended at a special meeting of the Owners by vote of seventy-five (75%) percent of the Owners

28.3 NO NUISANCES

No nuisance, as reasonably determined by the Board, shall be permitted to exist or operate in, on or around the Property so as to jeopardize any residential use, impair property values, be detrimental to the health, safety and/or welfare of the Owners or Occupants, materially impair the enjoyment by any Owner or Occupant of the rights, privileges and easements created herein, or materially impair the ability of the Board to administer, manage and operate the Association and the Property and/or to fulfill its obligations and duties in the manner established in the Governing Documents

28.4 RESIDENTIAL USE AND MAINTENANCE

All of the Units comprising Willistown Knoll must be used and maintained for single family residential purposes only No Unit may be owned or used as a time-share Unit No business, commercial, sales, manufacturing or any other nonresidential use is permitted in any Unit However, home occupations may be carried on in a Unit only, if the home occupation

(i) is incidental to the Unit's primary residential use, and
(ii) except for the Owner or Occupant of the Unit, no agents, servants, employees, contractors, delivery people or truckers, customers or clients may visit or work in the Unit, and
(iii) no signs advertising the home occupation may be erected or placed anywhere on the Unit, in the Unit's windows, any Limited Common Element nor the Common elements, and
(iv) shall be consistent with all applicable zoning, building, fire and use ordinances of Willistown Township and the Commonwealth of Pennsylvania, and
(v) no inventory or material shall be delivered to, kept, transferred, held, stored or distributed from any Unit

28.5 USE RESTRICTIONS

The Property is made subject to the following Use Restrictions

a. Each Owner shall bear the obligation to promptly provide the Association with a full copy of the recorded deed to his, her, their or its Unit when requested by the Board
b. When title to a Unit is assigned, sold, conveyed or in any way transferred, all of the Unit must be transferred to the new Owner
c. Units may only be leased in strict compliance with the provisions of the Governing Documents
d. No Unit may be combined with any other Unit, nor may any Unit be divided, without the prior written consent of Board to be secured in accordance with the provisions of this Declaration regarding Architectural Control, the applicable provisions of the Act and/or all applicable federal, state or local laws, statutes, codes, regulations and ordinances
e. No use or practice shall be done, condoned or permitted by an Owner in, on or about any Unit and/or the Limited Common Elements adjacent thereto which
(i). Is determined by the Board to be a nuisance or a source of undue annoyance to any other Owners or Occupants, or which interferes with any other Owners' or Occupants' peaceful possession and proper use of the Property in accordance with the rights, privileges and easements stated in the Governing Documents, or
(ii). Will materially increase the rate of insurance on the Property beyond that to be anticipated from the conduct of otherwise permitted uses under the provisions of the Governing Documents, or
(iii). Will jeopardize the health, safety and/or welfare of the Owners and/or Occupants, or the soundness, safety, appearance or value of the Property or any Unit, the Common Elements or the Limited Common Elements, or
(iv). Will impair any easement or hereditament granted under the provisions of the Governing Documents, or
(v). Will result in any use, impairment, burden, change or damage to the neighboring Unit, the Common Elements or Limited Common Elements without first obtaining the neighboring Owner's written authorization, with the exception of the exercise of the easements granted to the Owners herein, and
f. No signs, banners, buntings or notices may be erected, placed or displayed by any Owner or Occupant in or on any Unit or the Limited Common Elements appurtenant to the Unit which is visible from outside of the Unit except for the pre-existing house numbers on each Unit
g. An Owner may erect and display one temporary "For Sale" sign on the Common Elements immediately in front of the Owner's Unit during weekend time Signs may be erected Friday evenings and must be taken down by Monday mornings
h. An Owner may erect and display one (1) temporary "Open House" sign(s) on the Common Elements immediately in front of the Owner's Unit on the day an "Open House" is held in the Owner's Unit The Owner must promptly remove the "Open House" sign when the Open House is concluded "Open House" signs may not be displayed at any other time Any portions, if any, of the Common Elements damaged or disturbed by the instillation, display or removal of the "Open House" sign must be promptly repaired by the Owner, at the Owner's sole cost and expense, to their original condition, function and appearance Signs may be erected Friday evenings and must be taken down by Monday mornings
i. No signs, banners, buntings or notices may be erected, placed or displayed by any Owner or Occupant in or on the Common Elements without first obtaining written architectural approval from the Boardj
j. Except for the flags of the United States of America and the Commonwealth of Pennsylvania or one seasonal or decorative flag, not to exceed 24x36 inches, no Owner may erect or display any flag in, or on, any Unit, the Common Elements or Limited Common Elements without first obtaining written architectural approval from the Board
k. No Owner may erect, permit or condone the erection of any flag pole in, or on, any Unit, the Common Elements, Limited Common Elements or Common Facilities without first obtaining written architectural approval from the Board
l. No Owner or Occupant may obstruct the Common Elements
m. No Owner or Occupant may store any personal property in, or on, the Common Elements or the Limited Common Elements without the prior written permission of the Board
n. No Owners or Occupants may store or maintain motorcycles, scooters, skids, watercraft, or other large items of personal property in the front or back yard, or on the stoop, stairs, deck or patio appurtenant to any Unit
o. Chairs, tables, small pools, toys, other patio furniture, and one grill for the Owner's or Occupant's use may be kept on a deck or patio appurtenant to a Unit, provided they are clean and maintained in good order, and so as not to impair the aesthetic appearance of the community
p. No Owner or Occupant may use the Common Elements, or the improvements now or hereafter erected thereon, for any purpose other than the purpose for which they are intended
q. No Owner or Occupant of any Unit may use or maintain any Unit in any manner which is, or which may become, inconsistent with the Governing Documents, nor in any manner which will create any risk to the health, safety and/or welfare of the Owners or Occupants, any impairment of the appearance or value of the Property, any obstruction of the generally open and unobstructed condition of the Property, and/or any impairment of any impairment of the Owner's or Occupant's privacy
r. Except for those which were part of the original construction, no fences, privacy walls, hedges or similar improvements may be made or erected by any Owner or Occupant on the Property
s. No statues, sculptures, carvings, bird baths, fountains, clothes lines, replicas, pavilions, tents, shacks, barns, gazebos, outbuilding, sheds, lighting fixtures, painted trees, dog houses, pet runs, cages, or any other improvement or art objects which are visible from the street, parking areas or any adjacent Unit, may be placed or erected on the exterior of a Unit, Lot, Limited Common Elements or Common Elements except upon the Owner's prior receipt of written architectural approval
t. No Owner or Occupant may cut, trim, move, remove or replace any tree, bush, shrub or natural vegetation anywhere on the Common Elements except upon the Owner's prior receipt of written architectural approval
u. Except to plant annuals or perennials in existing flower bed space, no Owner may dig, erect, plant, cultivate or maintain any garden or landscaping upon the Limited Common Elements or the Common Elements except upon the Owner's prior receipt of written architectural approval
v. No Owner or Occupant may place or dispose of any garbage, trash or rubbish or recyclable materials anywhere on the Property other than in such receptacles, and at such times, and in such locations, as may from time-to-time be designated by the Board through the adoption of Rules and Regulations, and any applicable Willistown Township ordinances
w. No Owner or Occupant may burn any garbage, trash or rubbish anywhere on the Property
x. No trash, leaves, branches, debris or other similar materials may be burned, buried or held on the Property without the prior written consent of the Board
y. No Owner or Occupant may use, store, transfer, treat, hold or otherwise possess or maintain any hazardous substance in or on the Property
z. If any Owner or Occupant uses, stores, treats, transfers, holds or otherwise uses or is in possession of a hazardous substance in, or on, the Property, then the Owner and/or Occupant shall be deemed to have covenanted agreed to indemnify, defend and hold the Association harmless from all costs, expenses, fees, fines, interest, if any, levied or awarded against the Association, together with the Association's attorneys' fees, which may arise from identifying, treating, remediating and/or removing any hazardous substance from the Property and returning the Property to its prior appearance, condition and function
aa. A hazardous substance will be all those hazardous and extremely hazardous substances which may now or hereafter appear on any list, or amended or reissued list, of hazardous or extremely hazardous substances issued or published by any state or federal governmental agency or department, or any fire protection agency, including by way of example, but not by limitation, the EPA, FDA, OSHA, NFPA, Pennsylvania DEP and/or Licenses & Inspections
bb. Owners engaged in the use, storage, preparation, manufacture, transfer or transport of a hazardous substance on the Property shall bear the burden of obtaining and reading all lists of hazardous substances issued or published by any state or federal governmental agency or department, or any fire protection agency, and to identify hazardous substances, and to fully comply with this use restriction
cc. By way of example, but not by way of limitation, hazardous substances barred from the Property shall include any element, chemical, mixture of chemicals, substances, solutions, vapors or gases which are, or may become, air, water or ground contaminants, petroleum and petroleum by-products, crude and fuel oils, gasoline, kerosene, noxious, irritating and/or toxic acids, bases, chemicals, elements, fumes, gases, smokes and vapors, any acids, bases, chemicals, elements, fumes, gases, smokes, solutions or vapors which may damage or impair the value, function, use and/or appearance of the Common Elements and/or the Common Facilities
dd. Small quantities of otherwise hazardous substances commonly sold and intended for use as household cleaning, maintenance or repair products, and gasoline, oil and fluids in fuel tanks, engines and vessels in permitted motor vehicles which do not leak, are not barred, but the Owner of the Unit in which they are used, or the Unit at which a permitted motor vehicle is parked, shall be and shall remain obligated to indemnify, defend and hold the Association harmless in the manner stated above
ee. No overhead wires of any kind or type, including, but not limited to, telephone, electric and/or cable television lines may be constructed, erected or placed on the Property, all wires must be buried beneath the surface of the ground
ff. No children's recreational equipment, including by way of example, but not by way of limitation, swing sets, slides, monkey bars, hammocks, seesaws, pods, sandboxes, nets, poles, backboards, pits, goals, or other playing surfaces or improvements for play or athletic use may be installed on any Unit, Lot or the Common Elements except upon receipt of written architectural approval
gg. No awnings, colored or smoked glass, films, exterior window guards, ventilators, fans, air conditioners or like devices may be placed, mounted, erected or used in, on or about the windows or exterior of any Unit except upon receipt of written architectural approval, or as may be permitted under Rules and Regulations adopted by the Board
hh. No satellite dishes, radio or television antennas may be erected upon the Units, except those types and sizes of antennas which are specifically permitted by prevailing Federal Communications Commission rules governing such antennas
ii. Satellite dish and television antennas permitted under Federal Communication Commission rules must, to the extent possible, be installed in a location on the Owner's Unit which will preserve the uniform appearance of the Unit, in particular that portion of the Unit visible from the curb linejj
jj. Satellite dish and television antennas must be installed in accordance with the manufacturer's specifications
kk. In view of the residential use of the Property, satellite dish and television antennas should be installed and maintained by the Owner in such a manner as will not pose any risk or harm to the health, safety, or welfare of the Owner or Occupants
ll. Owners who install satellite dish and/or television antennas will be deemed to have agreed to promptly reimburse the Association for all costs, fees and expenses, if any, incurred by the Association to maintain, repair or replace any portion of Property which the Association is required to maintain which is damaged by the Owner's installation, use or maintenance of a satellite dish and/or television antenna
mm. Nothing may be shaken, thrown or discarded from the windows, patios or decks
nn. No drying or airing of any clothing, bedding, sheets or other personal property or articles of any Owner or Occupant on any permanently installed clotheslines or any other permanently installed exterior apparatus will be permitted on any Unit, Lot, Limited Common Elements or the Common Elements
oo. Owners or Occupants who maintain a propane gas fueled grill on their deck or patio must use it in accordance with prevailing fire codes, and no Owner or Occupant who maintains a propane gas fueled grill may use or store more than a total of two (2) 20 pound propane tanks for the grill
pp. No Owner or Occupant may supervise, direct, order or attempt to supervise, direct, order or otherwise assert control over the Association's agents, servants, contractors or employees, nor may any Owner or Occupant request that they perform any function, work or service for, or on behalf of, the Owner or Occupant personally during the course of performing work for the Association
qq. No animals, livestock, foul or poultry of any kind may be raised, bred or kept by any Owner or Occupant in or on the Units or Lots, except for common household pets such as dogs, cats, birds or fish (hereinafter "Pets")
rr. The number, size and type of Pets which may be kept in a Unit may be limited by such Rules and Regulations as may now or hereafter be adopted by the Board
ss. No animals, livestock, foul or poultry of any kind may be raised, bred or kept on the Common Elements
tt. No Pets which are loud or cause any nuisance or disturbance, or which pose a threat to the health, safety or welfare of the Owners, or the appearance and value of the Property, may be brought onto or maintained on the Property
uu. No Owner or Occupant, nor any agent, servant, employee or contractor of an Owner or Occupant is permitted to use any portion of the Property which is not intended for use by Owners and/or Occupants, or areas from which Owners or Occupants are barred, as such areas may from time-to-time be designated by the Board
vv. No Owner or Occupant may use, permit the use of, bring into or maintain on any Unit or Lot, nor upon the Common Elements any inflammable, combustible, corrosive or explosive material, fluid, chemical or substance, except for such small quantities, if any, as may be appropriate for normal household use
ww. No commercial or other non-passenger vehicles of any type may park or remain on the Property except during daylight hours, and then only for the limited purpose of making repairs or improvements, or performing maintenance, on a Unit
xx. Commercial and non-passenger vehicles which are barred from the Property include the following
(i). Any vehicle which bears a commercial or truck license plate, and
(ii). Trucks, trailers, pick-up trucks with a manufacturer's load bearing capacity exceeding 3/4 ton (1,500 pounds), and
(iii). Service vehicles, trailer trucks, moving vans and vans or minivans intended for commercial use
yy. Vehicles will be deemed to be commercial if they bear or exhibit lettering, signs or other forms of business or commercial advertising, and/or bear or carry tools, equipment, inventory, supplies, lifts or ladders in an open bed, or on the exterior of the vehicle
zz. Commercial vehicles will not include automobiles, passenger vans or minivans, nor pick-up trucks with a manufacturer's load carrying capacity not in excess of 3/4 ton (1,500 pounds), and used by an Owner or Occupant purely for the personal passenger use of the Owner or Occupant
aaa. Motor Vehicles which do not bear current license plates, or which do not bear current inspection sticker, or which do not bear current registration stickers on their license plates, are barred from being parked at Willistown Knoll
bbb. No vehicles of any kind, except for emergency vehicles and vehicles operated by the Association's agents, servants, employees and contractors in the maintenance, repair and improvement of the Property, may be driven, operated, parked or maintained for any reason on those portions of the Common Elements which are not improved with streets, driveways and parking areas
ccc. No trailers of any kind, and no boats, watercraft, ski-dos, mobile homes, motor homes, campers or recreational vehicles may be parked, stored or left unattended anywhere on the Property for any period in excess of forty-eight (48) hours, except in such parking areas, if any, as may be designated by the Board
ddd. No vehicle of any kind which cannot be parked entirely within one parking space may be kept or maintained on the Property
eee. No motorcycle, trail-bike, minibike, ski-do, snowmobile, dune buggie, or any other unlicensed motorized recreational vehicle of any type may be operated upon the Common Elements or Limited Common Elements
fff. No Owner or Occupant may park any motor vehicle on the Property except in the manner permitted by such Rules and Regulations as may now or hereafter be adopted by the Board
ggg. No Lot may be paved, except for sidewalks, driveways and parking areas, except as may first receive written architectural approval from the Board
hhh. No repair or maintenance of any vehicle is permitted on the Property except as may be permitted through the adoption of Rules and Regulations
iii. No Unit shall be entitled to use more than three (3) parking spaces on the Property
jjj. The Board may designate, and redesignate from time-to-time, as the Board may deem necessary, a parking space, or spaces, for the specific use of a Unit, the designation of a parking space or spaces for use by a Unit shall not create any ownership interest in the Owner The parking space or spaces will remain at all times part of the Common Elements without regard for the nature or duration of the Owner's use
kkk. No vehicle which is leaking any fluid, fuel lubricant or oil may be operated or parked on the Property
lll. No motor vehicle may be operated on the Property except in accordance with the parking regulations, speed limits and any other parking or traffic control signs posted on the Property, and the Rules and Regulations adopted by the Board
mmm No Owner may perform, permit the performance of, or condone the performance of, any act by the Owner or any Occupant of the Owner's Unit upon the Property which will damage or impair the appearance or value of the Common Elements or Limited Common Elements, impair the administration, management or operation of the Property, or increase Common Expenses or any insurance premium payable by the Association, without the prior written authorization of the Board

28.6 EXCEPTIONS

Subject to receipt of a written request from an Owner to be submitted in the same manner and procedure as for approval of an architectural change, the Board may issue an exception to an Owner, in writing, excepting the Owner, or the Occupant of the Owner's Unit, from the obligation to comply with one or more of the foregoing use restrictions, or one of the Rules and Regulations, provided that the Owner, and/or the Owner and the Occupant, can demonstrate to the Board that there is good cause for the requested exception The Owner must be in good standing, with all Assessments, costs, fees, expenses and other sums due to the Association under the provisions of the Governing Documents fully paid, and otherwise in full compliance with the balance of the Governing Documents at the time the exception is granted If an exception is granted by the Board, then the exception will automatically terminate, without Notice or any act of the Board or any other person, when the Owner sells, conveys or transfers the title to his, her, its or their Unit, or when the Occupant terminates his, her or its lease or otherwise terminates his, her or their residency in the Unit Exceptions are not transferable or assignable from Owner-to-Owner Exceptions are a privilege, and may be revoked by the Board at any time upon written Notice to the Owner

29 ARTICLE XXIX LEASING

29.1 LEASING AND LEASE ADDENDUM

Each Owner who wishes to lease a Unit must use a written Lease Agreement, and must attach an addendum to the lease in a form and content approved by the Board through the adoption of a Leasing Rule and Regulation

29.2 LEASE TERMS

Leases, and any renewal or extension terms thereof, must be for terms of not less than twelve (12) months Owners may not lease less than an entire Unit Subleases are not permitted The maximum number of people who shall be entitled to occupy any Unit under any lease will not be more than the maximum number of persons permitted by any applicable, federal, state or Willistown Township statute, regulation or ordinance Every Lease must contain an affirmative statement, signed by the Owner and the tenant, stating that

a. The Owner and the tenant have signed, attached and incorporated into the lease an addendum to the lease required by the Rules and Regulations, and
b. That the tenant has received and read the Governing Documents, and
c. That the Owner and the tenant agree to be bound by, and to comply with, the Governing Documents throughout the term of the lease

29.3 TENANT COMPLIANCE WITH GOVERNING DOCUMENTS

Every tenant, including all members of the tenant's family, and their guests and invitees, is deemed to have agreed to comply with all provisions of the Governing Documents throughout the term of the lease and/or the occupancy of a Unit

29.4 OWNER'S DELIVERY OF GOVERNING DOCUMENTS

Each Owner must, at the Owner's expense, provide his, her or its tenant with a full and complete copy of the then current Governing Documents at the same time that the Owner and the tenant enter into a lease The Association will maintain additional copies of the Governing Documents for purchase by the Owner or tenant at a cost to be established by the Board In an amount intended to result in the Association's recovery of all costs of copying, assembling, storing and making copies of the Governing Documents available

29.5 OWNER'S DELIVERY OF COPY OF LEASE

An Owner who has entered into a lease must provide the Manager with a full and complete copy of the signed lease, as well as a signed original of the addendum to the lease, within ten (10) days of the date upon which the tenant moves into the Unit, together with a check in such amount as the Board may from time-to-time establish by Rule and Regulation, in order to defray the Association's book and record keeping costs to establish a file and records related to the lease and the tenant

29.6 PAYMENT AND COLLECTION OF ASSESSMENTS

The Owner shall remain responsible to continue to make timely payment of all Assessments, fees, fines, costs, expenses and charges due under the Governing Documents throughout the term of the lease If an Owner fails to pay any Assessment, liened Assessment, fee, find, interest, costs, expense or charge due under the Governing Documents, then the Association, upon thirty (30) days Notice to the Owner and tenant, may collect the unpaid Assessments, liened Assessments and any other fees, fines, interest, costs, expenses and/or charges due from the Owner under the Governing Documents from the tenant The Notice to the tenant shall be deemed to be and to operate as an attachment of the rents due to the Owner The amount collected from the tenant from month-to-month shall not be in excess of the monthly rental due to the Owner from the tenant under the lease The Association may continue to collect the rents due from the tenant to the Owner until all Assessments and sums due from the Owner to the Association are paid in full The Owner must give the tenant a rental credit to the extent of all amounts paid to the Association by the tenant on account of delinquent Assessments, liened Assessments, fees, fines, interest, costs, expenses and/or charges due to the Association from the Owner

29.7 OWNER OBLIGATION TO ENFORCE COMPLIANCE

The Owner shall be obligated, at the Owner's sole cost and expense, to enforce the tenant's full compliance with the Governing Documents throughout the term of the Lease

29.8 ENFORCEMENT OF LEASING RESTRICTIONS

The Association may file suit or pursue any remedy against the Owner available to it under the Governing Documents or prevailing law until the Owner and/or tenant fully comply with the Governing Documents All costs, fees, fines and expenses incurred by the Association to enforce this Article of the leasing Rules and Regulations against an Owner and/or tenant, including attorneys fees, shall be collectible from the Owner in the same manner as an unpaid Assessment

29.9 LEASE CONFLICTS WITH GOVERNING DOCUMENTS

Such terms and conditions of a lease and lease addendum, if any, as may be in conflict with the provisions of the Governing Documents are void By their use and enjoyment of the Unit the Owner and tenant shall be deemed to have covenanted and agreed that the terms, conditions, covenants and provisions of the Governing Documents will control over the conflicting provisions, if any, of the lease

29.10 LEASING RULES AND REGULATIONS

The Board possesses the power and authority to adopt, amend and withdraw leasing Rules and Regulations

29.11 LEASING ASSESSMENTS

The Board may levy a Leasing Assessment against any leased Unit in accordance with the provisions of this Declaration regarding Assessments

29.12 EXISTENCE OF LEASES

The Board possesses the exclusive power, acting in good faith, to determine whether a Unit is subject to a lease The occupancy of a Unit by any person, or persons, other than the Owner of the Unit, or by any Occupant other than the Owner's family members, shall be presumed to be proof of the existence of a lease

30 ARTICLE XXX LIEN PRIORITIES

30.1 PRIORITY OF FIRST MORTGAGES, TAXES AND GOVERNMENTAL ASSESSMENTS

Pursuant to Subsection 5315 of the Act, first mortgages and liens for real estate taxes and other governmental assessments or charges against a Unit will be the only liens with a priority over the Association's lien for Assessments, liened Assessments, fees, fines, charges, interest, expenses and costs of collection, including attorneys' fees

30.2 RELEASE OF THE ASSOCIATION'S LIEN

The Association's lien for unpaid Assessments will be released by a judicial sale by a first mortgage or deed of trust holder only upon the Association's receipt of payment in the manner contemplated by Subsection 5315 of the Act

30.3 PRIORITY OF ASSOCIATION'S LIEN

The Association's lien for Assessments, liened Assessments, fees, fines, interest, charges, expenses and costs of collection thereof, including attorneys' fees, shall be a priority lien over all liens upon a Unit, other than the lien of a first mortgage or deed of trust, a lien fro real estate taxes and other governmental assessments or charges, in the manner permitted by the Act

30.4 MORTGAGEE ACCEPTANCE

By accepting or holding a mortgage or deed of trust on a Unit, the holder of the mortgage or deed of trust will be deemed to have accepted, and to have agreed and covenanted to be bound by, the provisions of the Governing Documents and Subsection 5315 of the Act

31 ARTICLE XXXI INSURANCE

31.1 INSURANCE TO BE MAINTAINED BY ASSOCIATION

The Association will obtain, and to maintain in full force and effect at all times during the existence of the Association, the insurance required under this Article and the Act

31.2 PROPERTY INSURANCE

The Association must maintain property insurance on the Common Elements, and the improvements now or hereafter made or erected thereon The property insurance maintained by the Association must insure against all risks of direct physical loss commonly insured against, and as the Board may deem necessary and appropriate to the needs and circumstances of the Association, in an amount not less than eighty (80%) percent of the actual cash value of the Common Elements, the improvements thereon, exclusive of land, excavations, foundations and other items normally excluded from property insurance If available to the Association, then insurance coverage may also be maintained for those parts or portions of the Units for which the Association bears any replacement obligation under the Governing Documents Any said policy may contain a deductible provision in the amount determined to be appropriate by the Board, but not in excess of $10,000 00

a. Any loss covered by the property insurance policy described above shall be adjusted with the Association, and
b. Insurance proceeds may be held by the Association, or by an insurance trustee approved by majority vote of the Board, and
c. Insurance proceeds are to be used to repair, replace or refurbish the damaged portion(s) of the Property covered by the insurance, and
d. The Board may appoint itself, any member of the Board, or any other person or trust company to serve as the Association's insurance trustee, and
e. If an insurance trustee is appointed, then the insurance trustee must act in a fiduciary capacity in regard to the holding and disposition of the Association's insurance proceeds, and
f. In the event an insurance trustee is appointed, the Board may compensate the trustee for services rendered and expenses incurred, and
g. The insurance trustee's duty will be limited to holding the insurance proceeds and paying the costs, fees and expenses of the repairs, replacements or refurbishment in accordance with the Board's written authorization, and
h. The Board shall itself, or by and through an architect, engineer, general contractor or other professional selected by the Board, supervise all repairs, replacement and/or restoration work, and
i. Except as may be required in the Governing Documents, the Association shall not maintain property insurance of any Lot or Unit Each Unit must be insured by the Owner of the Unit

31.3 LIABILITY INSURANCE

The Association must maintain comprehensive general liability insurance, including medical payments insurance, insurance the Association, the Owners, the Board and the Board Officers and Committees against any liability to other persons or entities, Owners, Occupants and their agents, servants, employees, contractors, invitees, and guests from death, bodily injury and property damage The liability insurance shall not insure any Owner or Occupant against liability for death, injuries to persons or property damages occurring or arising solely within the Owners' or Occupants' Unit and/or any improvements made by the Owner or Occupant in or on the Unit The limits of liability under any said policy shall be an amount determined by the Board to be appropriate, given the circumstances and needs of the Association, save that limits of liability must be not less that $1,000,000 00 for any person injured or killed in a single occurrence, and not less than $1,000,000 00 for any injuries or death sustained by any two (2) or more persons in any single occurrence, and at least $250,000 00 for property damage resulting from each occurrence, subject to such deductibles, if any, but not in excess of $10,000 00, as the Board may deem appropriate

31.4 INSURANCE UPON PERSONAL PROPERTY

The Association may maintain insurance against loss by damage or destruction of any personal property held or owned by the Association in such amounts and with such deductibles, if any, as the Board shall from time-to-time determine to be appropriate and consistent with the Association's then current needs

31.5 DIRECTORS AND OFFICERS INSURANCE

The Association may maintain policies of Directors and Officers liability insurance insuring the members of the Board, and the Association's officers, committee members, agents, servants and employees against personal liability in connection with the performance of their official duties

31.6 FIDELITY BOND AND INSURANCE

The Association may maintain a fidelity bond, and/or comprehensive disappearance and dishonesty insurance of the type commonly referred to as a "dishonesty, disappearance and destruction" insurance policy, or the current equivalent coverage, as the Board may direct Any dishonesty, disappearance and destruction insurance policy carried must provide coverage against dishonest acts on the part of directors, officers, trustees, committee members, the Manager, employees, servants, agents and contractors of the Association, and all others who may now or hereafter handle, or be made responsible for the handling of, any money or funds belonging to the Association Any such dishonesty, disappearance and destruction insurance or bond held by the Association must be held in the name of the Association as the obligee or Insured

a. Any such bond or insurance maintained by the Association shall be written in an amount to at least $100,000 00, plus ninety (90%) percent of the amount of the reserves held by the Association as of the first day of the Association's fiscal year, and
b. Such bond or insurance must contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expressions or definition, and
c. Such a bond or insurance must provide that it may not be canceled or substantially modified, including, but not limited to, cancellation for nonpayment of a premium, without at least thirty (30) days prior written Notice to the Association of the proposed modification and/or cancellation

31.7 OTHER INSURANCE

The Association may carry such other insurance as the Board may deem appropriate and necessary from time-to-time to protect the interest of the Association or the Owners, including by way of example, but not by way of limitation, excess liability or "umbrella" coverage, and errors and omissions coverage

31.8 SUBMISSION OF CLAIMS

In the event of any loss, injury or damage for which a claim may be made against any insurance policy maintained by the Association, then the Board will have sole discretion to decide whether the loss will be submitted as a claim to the Association's insurance carrier, save that all claims in excess of any deductible must be submitted to the appropriate carrier

31.9 INSURANCE DEDUCTIBLES

In the event that any Owner or Occupant suffers any injury, loss or damage to a Lot or Unit, or to any person or personal property due to Act of God, weather, vandalism, negligence or any act of the Association, its officers, directors, agents, servants, employees, committees or committee members, or contractors, which is not covered, or is only partially covered, by insurance maintained by the Association due to the existence of any deductible provision then the portion of the injury, loss, damage or claim not covered by reason of the application of the deductible shall not be subject to payment or indemnification by the Association, but will be the sole responsibility and obligation of the Owner or Occupant as applicable, and the Owner or Occupant may submit the portion of the loss, injury, damage or claim not covered due to a deductible to their own insurance carrier, save that the Owner or Occupant's carrier shall have no claim for contribution as against the Association, the Owners, the Board or Board members

31.10 ASSESSMENTS FOR PARTIALLY COVERED LOSSES

Except as stated below, if any portion of the Common Elements, the Common Facilities, the Limited Common Elements and/or the personal property insured by the Association is damaged or destroyed, and the insurance proceeds received from the Association's insurance carrier do not fully cover the costs of repair, refurbishment or replacement of the portion of the property insured by the Association, then the costs of repair, refurbishment or replacement in excess of the insurance proceeds, including costs not covered by reason of the application of a deductible, an exclusion from coverage or in excess of the liability limits, shall be a Common Expense to be levied by the Board against all of the Units, to be paid by all of the Owners in a pro-rata fashion, in accordance with the formula established for the levying of Annual Assessments

31.11 ASSESSMENTS FOR INTENTIONAL ACTS

If any portion of the Common Elements, the Common Facilities, the Limited Common Elements or the personal property insured by the Association is damaged or destroyed due to an Owner or Occupant's intentional act, negligence or misconduct, then the costs of repair, refurbishment or replacement of the portion of the property insured by the Association, in excess of the insurance proceeds, including costs not covered by reason of the application of a deductible, excluded from coverage or in excess of the liability limits, must be levied, assessed, collected and enforced by the Board as an assessment exclusively against the Unit of the Owner who committed or condoned the intentional act, negligence or misconduct

31.12 ASSESSMENTS FOR REPAIRS WHICH DO NOT BENEFIT ALL UNITS

If any portion of the Common Elements, the Common Facilities, the Limited Common Elements or the personal property insured by the Association is damaged or destroyed, and if the damaged or destroyed portion of the property insured by the Association benefits, or is used or enjoyed by, less than all of the Units, or if less than all of the Units will be benefitted by the repair, replacement or restoration work to be done by the Association, then the costs of repair, refurbishment or replacement of the portion of the property insured by the Association, in excess of the insurance proceeds, including costs not covered by reason of the application of a deductible, excluded from coverage or in excess of the liability limits, must be levied, assessed, collected and enforced by the Board as an assessment exclusively against only those Units benefitted

31.13 ADDITIONAL INSURANCE REQUIREMENTS

The insurance to be maintained by the Board under Sections 1 through 12 must comply with the following requirements

a. Each policy of insurance maintained by the Association will be maintained for the benefit of the Association, the Board, and all Owners as their interests may appear, and
b. The insurer must waive its right to subrogation under any policy against an Owner of a Unit, and the Owner's household, and
c. No act or omission by any Owner, unless acting within the scope of his or her authority as an officer authorized to act on behalf of the Association, will void any policy or be a condition to recovery under any policy, and
d. If, at the time of a loss to the Common Elements and/or the improvements on the Common Elements under a policy maintained by the Association, there is other insurance in the name of an Owner covering the same property covered by the policy maintained by the Association, then the Association's policy is primary and not contributing with the Owner's insurance, and
e. All insurance policies maintained by the Association must be issued by a company licensed to do business in the Commonwealth of Pennsylvania, and
f. In no event may coverage under insurance policies maintained by the Association be brought into contribution with insurance purchased by individual Owners, nor shall the insurance polices issued to the Association prevent an Owner from obtaining insurance upon the Owner's Unit

31.14 REVIEW OF INSURANCE COVERAGE

The Board must review the adequacy of the insurance coverage then carried by the Association from time-to-time, but not less often than one (1) year, and make such changes to the policies, including by way of example, but not by way of limitation, changing carriers, changing coverages and increasing or reducing policy limits or deductibles

31.15 OWNER INSURANCE ON UNIT

The Owner of each Unit must obtain and continuously maintain property and liability insurance on all of the Owner's Unit and the contents thereof in such amounts and such types as the Owner may deem appropriate Each Owner's insurance must

a. Provide insurance coverage in such a manner as will not decrease the policy or coverage limits, or amounts of insurance proceeds, which the Association may realize under any insurance policy maintained by the Association in accordance with this Article, and
b. Not cover any other portion of the Property other than the Owner's Unit, and
c. Not conflict with the provisions of the Governing Documents, and
d. All those insurance proceeds received by an Owner for damages or destruction of any portion of the exterior of the Owner's Unit which are required to be replaced by the Association under the provisions of this Declaration, must be promptly paid over by the Owner to the Association, and used by the Association to defray the costs of replacement of the damaged or destroyed portions of the exterior of the Owner's Unit which the Association is required to replace

31.16 COPIES OF OWNER INSURANCE POLICIES

At the request of the Board, each Owner must provide the Board, without cost or fee, with copies of all insurance policies maintained by the Owner on the Owner's Unit

31.17 ADJUSTMENT OF CLAIMS

All claims or losses arising from or upon those portions of the Property, including the Common Elements, and/or the improvements on the Common Elements for which the Association maintains insurance coverage pursuant to this Article must be submitted by, and adjusted exclusively by and through, the Board, unless otherwise authorized by the Board in writing before a claim or loss is submitted to an insurance carrier

31.18 REPAIR AND REPLACEMENT

Any portion of the Common Elements, or the improvements now or hereafter made or erected the Common Elements, which the Association insures, and which is damaged or destroyed, shall be repaired, replaced or restored by the Association in the manner required by the Act unless

a. The Association is terminated,
b. Repair or replacement would be illegal under any state or local health or safety statute, regulation, code or ordinance, or
c. Eighty (80%) percent of the Owners vote not to repair, replace or restore the Common Elements and/or the improvements on the Common Elements

32 ARTICLE XXXII LIABILITY LANGUAGE IN AGREEMENTS AND SUITS

32.1 LANGUAGE CONCERNING LIABILITY

Every agreement, deed, lease, license, note, contract, mortgage, assignment, debt instrument, easement or other instrument entered into or granted by the Board on behalf of the Association may, to the maximum extent possible, and as may be consistent with the interest of the Association and the nature and conditions of the subject transaction, state that

a. The individuals executing the same on behalf of the Association are acting only in representative capacities, as officers and authorized agents for the Association, and that they shall not have any personal liability thereunder, and
b. Any claim by the other party or parties thereto must be asserted against the Association only, and not as against the individual Owners, nor the members of the Board, and
c. Any liability thereunder in respect to the subject thereof will be borne by the Association only, in accordance with the provisions of this Declaration and the Act

32.2 NOTICE OF SUITS AGAINST ASSOCIATION

All legal actions, if any, brought against the Association or the Board, and/or all of the Owners collectively, must name only the Association as the Defendant, and will be served upon the Board The Board must give written Notice thereof to the Owners The Notice must name the parties in the matter, and describe the general nature of the claims made and the damages, action or relief requested At the Board's option, the Notice may contain a copy of the Complaint or process served The Association must defend said cause of action The Owners shall have no right to participate in the defense of such cause of action other than through the Board

32.3 SUITS AGAINST OWNERS

Complaints against one or more, but less than all of the Owners alleging damages, debts, obligation or liabilities arising form the conduct of an Owner, Owners or the Occupants of Units, as distinguished from the acts of the Association or Board, or the conduct of all of the Owners as a group, or a condition of, on or in a particular Unit, as distinguished from a condition generally affecting the Property, shall name as the defendant, and be served only upon, the defendant Owner or Owners, and not upon the Association or the Board

33 ARTICLE XXXIII DUE PROCESS PROCEDURES

33.1 DUE PROCESS PROCEDURES

The Association has determined that the establishment of Due Process Procedures for the determining and remedying violations of the Governing Documents, and to prevent breaches and violations of the Governing Documents, will help to deter violations, promote voluntary compliance with the Governing Documents, help preserve the residential use of the Property, minimize Common Expenses, and help preserve the appearance and value of the Property The Board may adopt, amend, withdraw, enforce and publish from time-to-time, as the Board may deem necessary, due process procedures in the form of Rules and Regulations The due process Rules and Regulations must provide Owners who are fined because of a violation of the Governing Documents with an opportunity to appeal the fine, and to have a hearing

a. In the event that any Owner or Occupant destroys, makes, removes, impairs the use of, or damages any part or portion of the Common Elements, and/or makes any unapproved architectural changes of any kind, the Association may also file suit against an Owner or Occupant at equity or at law, at any time, including prior to initiating due process procedures However, the Owner will be entitled to due process procedures in accordance with the procedures established in the Governing Documents with respect to any fines levied or imposed by the Board

33.2 OWNER'S OBLIGATIONS

For purposes of imposition of fines, sanctions and demands for abatement, cure or remediation of violations of the Governing Documents, the Owner of the Unit shall be deemed to be the person responsible for the violation, without regard for whether the Owner or an Occupant of the Owner's Unit committed the violation The Owner must pay all fines, costs, expenses or fees levied, reimburse any costs, fees, or expense, including attorneys' fees, incurred by the Association, and perform all work which may be needed to abate, cure, repair, restoration or remedy the violation

33.3 BOARD REVIEW

The Board must determine whether the acts complained of are a violation of the Governing Documents by a majority vote of the Board

33.4 NOTICE OF VIOLATION

Upon learning of a violation, and determining that a violation has occurred, the Board must issue a Notice of violation letter to the Owner, with a copy to the Occupant if applicable

33.5 FINES

Upon determining that an Owner, or an Occupant of the Owner's Unit has violated any provision of the Governing Documents, the Board may levy a fine against the Owner in an amount consistent with the nature and severity of the violation Fines shall be a lien on the Owner's Unit, and the personal obligation of the Owner Fines shall be collectable and enforceable in the same manner as unpaid assessments The Board may establish a schedule of fines for violations of the Governing Documents through the adoption of Rules and Regulations

33.6 OTHER REMEDIES

The Board shall also have the powers to resolve a violation informally, issue a cease and desist letter, demand abatement, cure or remediation of the violation, and/or require that remedial repairs to be performed The Board also possesses the power to suspend the Owner's good standing status, and to suspend the Owner's membership rights, in the manner stated in the By-Laws The Association may also pursue all remedies available to it at law or equity, or available to it under the Act or the Governing Documents, consecutively or concurrently, as the Board may elect

33.7 APPEAL PROCEDURE

Any Owner against whom the Board has levied a fine, possesses the right to request an appeal hearing before the Board The Owner's request for an appeal hearing must be made in writing The Board must schedule the appeal hearing, and give Notice of the appeal hearing to the Owner Appeal hearings may be held during meetings of the Board Owners may also submit written appeals to the Board Written appeals must state all the reasons for the Owner's appeal If an Owner submits a written appeal, then the Owner will be deemed to have waived an appeal hearing If an Owner does not submit a written request for an appeal hearing, or if an Owner does not file a written appeal, then the violations the Owner is accused of will be deemed to have been admitted by the Owner

33.8 APPEAL HEARING

An appeal hearing may be heard by the Board, a panel of Board members, or by a Board Member appointed by the Board to act as a Hearing Officer

33.9 DECISIONS UPON APPEALS

The Board's decision on appeals will be issued in writing within ten (10) days after the conclusion of the appeal hearing The Board's decision on written appeals will be issued in writing within thirty (30) days after receipt of the written appeal If the Board does not issue a timely written decision, then the appeal will be deemed to have been denied Decisions of the Board are final and binding

33.10 ADVISORY OPINIONS

Any Owner may apply to the Board for the issuance of an advisory opinion regarding the interpretation or application of the Governing Documents. The Board may, but has no obligation to, respond to any request for the issuance of an advisory opinion Any advisory opinion issued will be binding only as between the Association and the Owner to whom it is issued, unless otherwise stated by the Board within the advisory opinion

33.11 FEES AND COSTS OF ENFORCEMENT

All costs, charges, expenses and fees, including attorneys' fees (including costs and fees incurred by the Association in attempting to reach or negotiate an amicable resolution or settlement of a violation), incurred by the Association as a result of following due process procedures, including, but not limited to, collecting fines, enforcing compliance with the Governing Documents, and/or to issue an advisory opinion, must be reimbursed to the Association by the Owner, and until paid in full, shall be a lien upon the Owner's Unit, and the personal obligation of the Owner, collectible in the same manner as an unpaid assessment

33.12 ARBITRATION BETWEEN OWNERS AND THE ASSOCIATION

Any dispute between the Association and any Owner may be submitted to arbitration, including binding arbitration, f approved by majority vote of the Board if the Association substantially prevails in any arbitration, then the Owner must pay all costs and fees of the arbitrator (s), as well as all costs and fees, including attorneys' fees, incurred by the Association

34 ARTICLE XXXIV LIMITED LIABILITY

34.1 ACTION AGAINST THE ASSOCIATION

An Owner's and/or Occupant's action in breach of contract or tort against the Association, if any may be filed, alleging a wrong done by the Association, the Board, or by an officer, director, member, agent, employee, servant or contractor of the Association, or an action arising from an alleged breach of contract by the Association, may only be brought against the Association Neither the Owners nor the members of the Board, individually or severally, shall be subject to suit by any person, partnership, corporation, trust, personal representative or estate, or be otherwise directly or indirectly held accountable for the acts of the Association or its Board, officers, agents, servants, employees, or contractors on behalf of the Association

34.2 OWNER NOTICE TO ASSOCIATION

Each Owner, by the acceptance of a deed to a Unit, and each Occupant by entering into a lease for, or possession of, a Unit, shall be deemed to have covenanted and agreed not to bring or file any writ of summons or complaint against the Association with any court, agency, board, commission or other governmental agency except upon first providing the Association with notice of the nature and substance of the Owner's or Occupant's claim, and the amount of the alleged damages, at least sixty (60) days prior to the filing of the writ of summons or complaint. The Association may attempt to satisfy or cure the claim, or submit the claim to its insurance carrier where appropriate, during the notice period. The failure of an Owner or Occupant to give the Association the required Notice shall be grounds for the dismissal of any writ of summons or complaint filed by the Owner or Occupant.

34.3 OWNER'S ACTION AGAINST ASSOCIATION

An Owner is not precluded from bringing an action in tort or breach of contract against the Association by reason of the Owner's status as either an Owner, or status as a member of the Board or any committee

34.4 LIMITED LIABILITY OF ASSOCIATION

In consideration of the services rendered, and to be rendered, by the Association, all Owners, by acceptance of a deed to their Unit and all Occupants of the Units by acceptance of a deed or lease, or enjoyment of the use thereof, hereby covenant and agree that the liability of the Association for claims, injuries or damages, if any, caused or resulting from any condition of the Property, or negligence, or any act or failure to act by the Board, its Officers, or any committee, or of any of the Association's agents, servants, employees or contractors, shall be limited to an amount not in excess of the higher of

a. The maximum limits or property insurance coverage, after deduction from any deductible,
b. The maximum limits of liability insurance coverage, or any other applicable insurance policy, after deduction for any deductible,
c. The foregoing limitations shall not bar any Owner or Occupant who may suffer any personal injury or property damage from pursuing a claim in excess of insurance coverage limits available to the Association with any other person, partnership, corporation or other entity which may also be liable to, or liable over to, the Owner or Occupant for any damages which may have been suffered, and
d. Without regard for the foregoing, should any judgment be awarded against the Association in excess of insurance coverage available to the Association, and should the amount of any judgment in excess of the available insurance coverage be found by a Court to be recoverable against the Association, then the amount of the judgment in excess of the insurance coverage shall be treated as a Common Expense, and shall be levied and assessed as a Special Assessment against all the Units

35 ARTICLE XXXV MANAGER

35.1 MANAGER

The Board shall have the power, but not the obligation, to appoint, employ and contract for the services of a Manager for the Association The Manager will be known and referred to in the Governing Documents as the Manager and/or the Manager The Board shall have the power, but not the obligation, to delegate to such Manager such limited powers, duties and responsibilities as the Board may deem appropriate and necessary for the Manager to effectively administer and manage the day-to-day affairs of the Association, subject to the following limitations

a. The Manager must be a professional agent or corporation selected by the Board
b. The Manager may not be, or be deemed to be, a Board member, nor an Officer of the Board
c. The Manager may not be a Member of the Association, nor an Occupant of any Unit
d. The Manager must be employed or retained under the terms of a written contract
e. The Manager's contract must contain an affirmative statement by the Manager acknowledging receipt and review of the Association's Governing Documents, and an affirmative statement by the Manager that the Manager agrees to act at all times by, and on behalf of, the Association and in accordance with the Governing Documents
f. No contract with any Manager may run for an initial term in excess of three (3) years However, the contract may contain optional renewal periods not in excess of two (2) years, subject to the condition that the Manager must provide the Board with written Notice of the renewal date and any increase, decrease or change in the formula for calculating or schedule of fees to be charged by the Manager during the renewal period at least sixty (60) days prior to the renewal date
g. The Manager must maintain commercial general liability insurance and errors and omissions insurance policies, or commercially available liability insurance providing similar coverage, with limits at least equal to the limits of coverage maintained by the Association on its liability insurance policies
h. The Manager must maintain fidelity bond coverage for the Manager and all of the Manager's agents, servants, employees and contractors who will have access to the Association's accounts or funds, with coverage limits not less than an amount equal to the Association's reserves, plus one hundred (100%) percent of the Association's annual budget

35.2 MANAGER'S FUNCTIONS

Under and subject to the contract with its Manager, the Board may assign day-to-day administrative and supervisory functions to the Manager, but, with the exception of providing administrative support to the Board, the functions assigned to the Manager must not include the Board's powers and duties to

a. Call annual, monthly and/or special meetings of the Owners, and
b. Enter into contracts for services, supplies, or materials, and
c. Adopt, establish, levy and assess Assessments, and
d. Adopt and publish the annual budget, and
e. Adopt, amend, withdraw, enforce and publish rules and regulations, and
f. Borrow money on behalf of the Master Association, and
g. Purchase, sell, lease or transfer real property and/or to grant leases, licenses, or easements over real property, and
h. Suspend an Owner's good standing status and membership rights and privileges, and
i. Appoint committees, and
j. Open or close bank accounts, or accounts with other financial institutions, except upon receipt of written Board approval, and
k. Negotiate or draft any check or instrument by, or on behalf of, the Association, except in accordance with procedures established by the Board of Directors, and
l. Conduct hearings and due process procedures, and
m. Establish any policies or perform any functions requiring the exercise of the Board's discretion and judgment

36 ARTICLE XXXVI PROPERTY SUBJECT TO GOVERNING DOCUMENTS

36.1 UNITS SUBJECT TO GOVERNING DOCUMENTS

All of the Units are, and shall remain at all times, subject to all of the provisions of the Act and the Governing Documents, and any amendments now or hereafter adopted to the Act and/or the Governing Documents, as well as any law, regulation or ordinance now or hereafter made applicable to the Property

36.2 COMMON ELEMENTS

All of the Common Elements are, and shall remain at all times, subject to all of the provisions of the Act and the Governing Documents, and any amendments now or hereafter adopted to the Act and/or the Governing Documents, as well as any law, regulation or ordinance now or hereafter made applicable to the Property

36.3 RATIFICATION

An Owner's occupancy of a Unit, acceptance of a deed or receipt of the title to a Unit, and an Occupant's acceptance of a lease and/or occupancy of a Unit, and a mortgagee's acceptance of a mortgage, deed of trust or similar instrument creating a security interest in a Unit, shall constitute an irrevocable acknowledgment, acceptance and ratification by the Owner, Occupant and/or mortgagee of the Governing Documents and all covenants, restrictions and easements stated therein, and an irrevocable covenant and agreement to be bound by the Governing Documents, as though each covenant, easement, restriction and Rule and Regulation had been recited and restated at length in each and every deed, conveyance, lease and mortgage

37 ARTICLE XXXVII DECLARATION CONTROL

37.1 CONFLICT BETWEEN GOVERNING DOCUMENTS

In the event of a conflict between the provisions of the Declarations and the By-Laws, then the provisions of the Declaration shall control and prevail over the By-Laws, except to the extent the provisions of the Declaration are inconsistent with the provisions of the Act, in which case the provisions of the Act shall control over the contrary provisions, f any, of the Declaration In the event of a conflict between the provisions of the Declaration and the Rules and Regulations, then the provisions of the Declaration shall control over the inconsistent provisions of the Rules and Regulations

38 ARTICLE XXXVIII INTERPRETATION

38.1 INTERPRETATION AND APPLICATION OF GOVERNING DOCUMENTS

The provisions of the Governing Documents shall be liberally construed and applied in order to preserve, protect and maintain the exclusive residential use of the Property, to preserve, protect and maintain the uniform and harmonious appearance of the Property, and to preserve and enforce the conditions, covenants, easements and restrictions stated in the Governing Documents

39 ARTICLE XXXIX AMENDMENT

39.1 AMENDMENT BY OWNERS

Except as may otherwise be provided by this Declaration or prevailing law, this Declaration may only be amended by vote or written signed consent of the Owners of at least sixty-seven (67%) percent of the Units An amendment shall become effective upon recording in the Office of the Recorder of Deeds of Chester County

39.2 CORRECTIVE AMENDMENT BY BOARD

If any amendment to this Declaration is deemed necessary by the Board to cure any ambiguity, or to correct or supplement any provision of this Declaration or the By-Laws, including the Plats and Plans, which is defective, missing or inconsistent with any other provision hereof, the By-Laws or with prevailing law, or f an amendment of this Declaration is deemed necessary by the Board to conform the provisions hereof to the Act or prevailing law, to incorporate the provisions of any new or amended law, and/or comply with the requirements of any agency or entity that has established national or regional standards with respect to lands secured by mortgages or deeds of trust and planned residential communities, then from time-to-time the Board may adopt corrective amendments by a majority vote of the Board, without the approval or consent of the Owners, premised upon receipt by the Board of an opinion from independent legal counsel to the effect that the proposed amendment may be adopted by the Board The Board must publish Notice to the Owners of its adoption of any amendment adopted under this Section, together with a copy of the text of the amendment, promptly upon the recording of the amendment

39.3 CHALLENGES TO AMENDMENT

No action to challenge the validity of an amendment adopted by the Association or the Board may be brought more than one year after the date upon which the amendment is recorded Amendments may only be challenged on the bases that they are contrary to the Act or prevailing law applicable to the Association or the Property, or due to a material defect in the procedures followed in the adoption of the amendment

40 ARTICLE XXXX CONTINUING OBLIGATION. ENFORCEMENT AND NON-WAIVER

40.1 OWNERS' CONTINUING OBLIGATIONS

In consideration of the continuing obligations and duties borne by the Association under this Declaration, and by the recording of this Declaration, as amended, and without regard for whether stated in any deed, each Unit, and each Owner of record by accepting and retaining the deed to a Unit, shall be, and shall remain subject to the duty and obligation to pay all Assessments, liened Assessments, fees, fines, penalties, expense, interest, costs, attorneys' fees or charges levied or assessed by the Board under the Governing Documents

a. In consideration of the continuing obligations and duties borne by the Association under this Declaration, and by the recording of this Declaration, as amended, and without regard for whether stated in any deed, each Unit, and each Owner of record by accepting and retaining the deed to a Unit, shall be, and shall remain subject to the duty and obligation to fulfill all of the Owners duties and obligations under the Governing Documents
b. The Owner's duties and obligations under the Governing Documents will not be abated or canceled, either partially or in their entirety, due to any interruption or impairment of the Owner's or Occupant's use, enjoyment or occupancy of a Unit, the Common Elements, any improvements on the Common Elements or any Common Facility
c. No Owner's obligation to pay Assessments, fees, fines, charges and/or costs of collection levied, nor any of the Owner's other obligations due under the Governing Documents, will be abated or canceled, either partially or in its entirety, due to the rendering of insufficient services, or the interruption of services intended to be rendered to, or for the benefit of, the Owner or Occupant, by or through the Association under the provisions of the Governing Documents
d. No Owner may withhold, set-off against, escrow or forebear from making prompt and full payment of all Assessments, liened Assessments, fees, fines, costs, expenses, interest and charges, including attorneys' fees where applicable, due to the Association under the Governing Documents
e. No Owner may refuse, defer, delay or otherwise fail to fully and timely perform his, her or its duties and obligations under the Governing Documents

40.2 NON-WAIVER

The failure of the Association to enforce, or promptly enforce, any of the covenants, easements and restrictions stated in the Governing Documents will not bar or limit the power of the Association to thereafter demand and enforce strict performance in accordance with the covenants, easements and restrictions, terms, conditions, provisions and/or rules contained in the Governing Documents

a. The acceptance by the Association of any payment due from an Owner under the Governing Documents, and/or the acceptance of any vote or proxy from an Owner, and/or acceptance of service from an Owner as an officer, Board or committee member, after the Board has received actual Notice of the Owners breach or violation of the Governing Documents, or a breach or violation of the Governing Documents by the Occupant of the Owner's Unit, shall not be, nor shall it be deemed to be, a waiver of such breach or violation
b. The Association may pursue all remedies available to it under the Governing Documents and applicable law to abate, enjoin or remedy any violation of the Governing Documents by an Owner, or by an Occupant of the Owner's Unit, at any time, and from time-to-time, as the Board may direct

40.3 WAIVER BY OWNERS

The Association and the Owners acknowledge, covenant and agree that the interests of the Association and the Owners, collectively, require that the Association be able to obtain and maintain a continuous flow of Assessment income in order to be able to render and perform the Association's obligations under the Governing Documents The Association and the Owners further acknowledge, covenant and agree that the interests of the Association and the Owners require that the Association must, where necessary, expeditiously litigate matters regarding the payment of Assessments, fees, fines, costs, expenses, and charges due to the Association under the Governing Documents, and the enforcement of the provisions of the Governing Documents, without suffering delays or expenses which would arise from litigating collateral or set-off claims by the Owners Therefore, in consideration of the services to be rendered by the Association now, and in the future the Owners hereby specfically and irrevocably waive in favor of the Association, in any suit by the Association for the payment of delinquent assessments, fees, fines, penalties, charges, interest, costs, attorney's fees or charges, and/or for enforcement of the architectural control or use restriction provisions of the Governing Documents, all defenses or counterclaims arising from claims the Owner's rights to occupy, enjoy or use a Unit and/or the Common Elements has been interrupted or impaired, or that the Association has failed to render required services, or has rendered insufficient required services and/or challenging the administration, management or operation of the Association

a. The foregoing waiver shall not be deemed to be a waiver of an Owner's right to bring an independent legal action arising from claims of interruption or impairment of a right of occupancy, use of a Unit, or use of the Common Elements, improvements on the Common Elements, or for the rendering of insufficient services, or the interruption of service or challenging the administration, management or operation of the Association However, the Owners specifically and irrevocably covenant and agree, upon the recording hereof and/or by their acceptance of a deed to a Unit, that they will not seek to merge such collateral litigation with any litigation or suit brought by, or for, the Association for collection of delinquent or liened Assessments, fees, fines, penalties, charges, interest, costs, attorney's fees, or charges or enforcement of the Governing Documents

41 ARTICLE XXXXI GENERAL PROVISIONS

41.1 HEADINGS

The headings preceding the Articles and Sections of this Declaration are provided only for the convenience of the readers hereof The headings do not grant or create any obligation, right, covenant, condition, easement, restriction, privilege or duty

41.2 NOTICE

Except as specifically set forth in the Governing Documents, any Notice to be given or transmitted by, and between, the Association, the Board and the Owners, unless otherwise provided herein, must be made in writing

a. Notice to an Owner shall be deemed given when mailed by USPS first class mail all postage prepaid, to the Owner at the last address for the Owner contained in the Association's records, or by overnight mail by a reputable overnight mail carrier with all postage and delivery charges prepaid, or transmitted to the Owner at the e-mail address provided to the Association by the Owner, or transmitted by facsimile mail to the Owner at a facsimile number provided to the Association by the Owner, or hand delivered to the Owner Each Owner's address shall be deemed to be the Owner's Unit until such time as the Owner provides the Association's Secretary with written Notice of a new or alternate address for the Owner
b. Notice to the Association shall be deemed given when mailed by USPS first class mail, all postage prepaid, to the Association at the Association's mailing address, or by overnight mail by a reputable overnight mail carrier with all postage and delivery charges prepaid, or e-mailed to the Association's Secretary or Manager at any e-mail address which may be provided by the Association to the Owner, or transmitted by facsimile mail to the Association or Manager at a facsimile number provided to the Owner by the Association or Manager, or hand delivered to the Association's Secretary or in the absence of the Secretary, the Association's Manager
c. Notice by USPS first class mail, with all postage prepaid, shall be deemed to have been received seven (7) days after the date upon which it is placed in the mail Notice by overnight mail by a reputable overnight mad carrier with all postage and delivery charges prepaid shall be deemed to have been received forty-eight (48) hours after it is delivered to the carrier Notice given by facsimile transmission or e-mail shall be deemed to have been received immediately upon transmission to a facsimile number or e-mail address provided by the recipient Notice by hand delivery will be deemed to be received immediately upon completion of the hand delivery
d. Whenever any written Notice is required to be given under the provisions of this Declaration, the Bylaws, the Act, the NPC or any statute now or hereafter made applicable to the Association, a waiver of receipt of the Notice, signed by the an Owner or the Association's President or Secretary shall be deemed to be equivalent to the Owner's or Association's receipt of such Notice Except as may be required by any applicable statute, if any, neither the business to be transacted at a meeting, nor the purpose of a meeting, need be specified in the waiver of notice of the meeting
e. If an Owner resides in his, her or their Unit, or if an Owner's Unit is occupied by an Occupant, and any Notice forwarded to the Owner by USPS by first class mail, postage pre-paid, is returned to the Association for any reason, then it may be served upon the Owner by hand-delivery to any adult Occupant residing in the Owner's Unit, and/or by posting the Notice on the front door of the Owner's Unit, and
f. In the event that any Notice by the Association to any Owner transmitted by overnight carrier is returned because it was not claimed, picked up, retrieved or accepted for delivery, or f any Notice or process transmitted to the Association or any Owner or Occupant is refused or returned by the addressee, then the Notice or process may be transmitted by United States Mail, first class postage pre-paid, and/or it may be served by hand-delivery to the Owner or any adult Occupant residing in the Owner's Unit, and/or by posting the Notice or process to the front door of the Owner's Unit

41.3 SEVERABILITY

Invalidation of any one or more of the covenants, restrictions or easements stated in this Declaration by judgment or order of court shall in now way affect the validity or enforceability of the remaining covenants, easements and restrictions hereof, all of which shall remain in full force and effect

41.4 APPLICABLE LAW

This Declaration, the By-Laws and the Rules and Regulations must be interpreted and enforced in accordance with the statutes, laws, regulations and ordinances of the Commonwealth of Pennsylvania and all subdivisions and agencies thereof, without regard for the domicile or residence now or hereafter assumed by any Owner or Occupant The Association, the Board, the Owners and Occupants shall be deemed to have irrevocably covenanted and agreed to be, and to remain at all times, subject to the original jurisdiction of the several Courts of Common Pleas and/or the minor courts of Chester County, of the Commonwealth of Pennsylvania, for all causes of action, claims and demands arising from or under the Governing Documents, the Act and/or the NPC

41.5 BINDING EFFECT

The provisions of this Declaration, the By-Laws and Rules and Regulations shall enure to the benefit of and bind the Property, the Association, the Board, and all Owners and Occupants, as well as all other persons, partnerships, corporations, mortgagees, encumbrance holders or entities benefitted or bound by the specific terms hereof, together with their respective heirs, administrators, successors, assigns, and personal representatives, as applicable

41.6 ENFORCEMENT AND NOTICE

The Association, the Board, any Owner and/or Occupant may initiate a cause of action to enforce the Governing Documents The Association may join in any enforcement action brought by an Owner No Owner and/or Occupant may bring any action by, for, on behalf of, or against the Association, except upon first providing the Association with not less than sixty (60) days Notice, by U S P S certified mail, first-class postage prepaid, of the nature and substance of the claims and causes of action the Owner and/or Occupant intends to file, the names and addresses of all defendants, the relief and/or monetary damages the Owner and/or Occupant intends to demand, and the court in which the Owner and/or Occupant intends to file the action Notice shall be deemed to have been given to the Association f the Owner and/or Occupant appends to the Notice a copy of the complaint the Owner and/or Occupant intends to file

a. The Owner and/or Occupant who gave the Notice to the Association may not start any action or file any complaint or summons against the Association until sixty (60) days after the date the Notice is received from the Owner and/or Occupant by the Association
b. The Association, acting by and through the Board, shall have the right, power and discretion to initiate due process procedures, and/or to take any other action available to it and/or to pursue any remedies available to the Association under the Governing Documents, the Act, the NPC or any prevailing law to address and resolve the matters complained of by the Owner and/or Occupant during the notice period
c. If an Owner and/or Occupant fails to give the required Notice to the Association, then the Owner and/or Occupant who filed the action shall be deemed to have agreed and stipulated that the complaint or summons filed by the Owner and/or Occupant may be stricken and withdrawn, and the action terminated, upon the filing with the court, agency, bureau or department of a copy of this Section, and an affidavit signed by an authorized representative of the Association stating that the Owner and/or Occupant did not give the Association the Notice required by this Section
d. Any Owner and/or Occupant who files an action against the Association without first giving the Association the written Notice required by this Section must reimburse the Association for all charges, costs, fees and expenses incurred by the Association in such matter, including court costs and attorneys fees
e. Should any Owner and/or Occupant recover a sum of money in an action filed for, or on behalf of, the Association, then the Owner and/or Occupant must promptly pay over such sums to the Association, except for such deductions therefrom for reasonable attorneys' fees and court costs as the court may permit by issuance of an Order
f. Should an Owner and/or Occupant bring an action in whole or in part against the Association, and should the Owner and/or Occupant fail to substantially recover the damages or relief requested in the said cause of action, then any order or judgment of the court disposing of the cause of action shall also impose an award in favor of the Association, and against the Owner and/or Occupant, of all costs and fees, including reasonable attorneys' fees, incurred by the Association in defending the cause of action
g. All costs, expenses and attorneys' fees incurred by the Association in any enforcement action brought against a Owner and/or Occupant, including but not limited to costs and fees to prepare and file a complaint or other pleading, petition, writ, motion, memorandum or brief with the court to conduct discovery, negotiate and document an amicable resolution or settlement, try a case and/or collect a judgment against a Owner and/or Occupant, shall be reimbursed to the Association by the Owner and/or Occupant
h. All tort and/or breach of contract actions filed by Owner and/or Occupant in any court, and/or with any federal, state or municipal agency, bureau or department, must be filed and brought against the Association, and not against the Board, the Board members, the Officers, or any committee or committee members

41.7 NON-WAIVER

The failure, if any, of the Association, its Board, its Officers, any Owner or Owners, or its Manager to strictly enforce, or demand strict performance, in accordance with the terms, conditions and provisions of the Governing Documents shall not be deemed to be a waiver of the right thereafter to strictly enforce or to demand strict performance in accordance therewith

41.8 PRONOUNS, SINGULARS, PLURALS AND CONNECTORS

All pronouns and any variations of pronouns used in the Governing Documents shall be deemed to refer to the feminine, masculine, neuter, singular and plural as may be necessary to make the Article or Section of the Governing Documents at issue applicable to the circumstances or matter in question The failure of any pronoun to agree with the sex or number of persons at issue shall not, by itself, serve to defeat or in any way impair the applicability of any Article or Section of the Governing Documents The phrase "and/or" shall be deemed to be a function word to indicate that the two words or expressions are intended to be taken together, or individually, as may be appropriate to the circumstances or choices which may prevail at the time the relevant provision of this Declaration becomes applicable

41.9 RECORDING AND EFFECTIVE DATE

The First Amended Declaration shall be recorded in the Office of the Recorder of Deeds of Chester County promptly upon full execution hereof, and upon the recording hereof, this First Amended Declaration shall become effective for all purposes of the Association IN WITNESS WHEREOF, the Owners of sixty-seven (67%) percent or more of the Units have voted in favor of the adoption of this First Amended Declaration of Covenants, Conditions and Restrictions for Willistown Woods II, a Community Association Commonly Known as Willistown Woods, and have authorized and directed the appropriate officers of the Association to sign this First Amended Declaration of Covenants, Conditions and Restrictions for Willistown Woods II, a Community Association Commonly Known as Willistown Woods, and to promptly record it in the Office of the Recorder of Deeds of Chester County