2003 Amended Declaration

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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

1 USE OF DEFINED TERMS Capitalized Terms used in this Declaration will have the meanings specified herein unless otherwise defined under applicable law

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 as "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 99 "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 ARTICLE III