BY-LAWS
OF
WHEATSTONE HOMEOWNERS ASSOCIATION
ARTICLE I
NAME AND LOCATION. The name of the association is Wheatstone Homeowners Association, hereinafter referred to as the “Association”. The principal mailing address of the association shall be located at P.O. Box 33, Campbelltown, PA 17010, but meetings of members and directors may be held at such places within the State of Pennsylvania, as may be designated by the Board of Directors.
ARTICLE II
Section 1. “Association” shall mean and refer to Wheatstone Homeowners Association, its successors and assigns.
Section 2. “Properties” shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 3. “Common Area” shall mean all real property owned by the Association for the Common use and enjoyment of the Owner.
Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties.
Section 5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Persons purchasing a unit pursuant to a recorded installment sales contract shall be considered the Owner of that unit for purposes of the Association.
Section 6. “Declarant” shall mean and refer to Reese Development Group, its successors or assigns if such successors or assigns shall acquire more than one undeveloped Lot from the Declarant for the purpose of development.
Section 7. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Property as recorded in the Office of Recorder of Deeds of Lebanon County, Pennsylvania.
Section 8. “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration.
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meeting. The first annual meeting of the members shall be held within approximately one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held in the same month of each year thereafter, at the hour of 7:30 o’clock P.M. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.
Section 2. Special Meetings. Special Meetings of the members may be called at any time by the President or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership.
Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each member entitled to vote thereat, addressed to the members’ address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-laws. If however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting, until a quorum as aforesaid shall be present to be represented.
Section 5. Proxies. At all meeting of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number. The affairs of this Association shall be managed by a Board of five (5) directors, who need not be members of the Association. The number of directors may be changed by amendment of the By-Laws of the Association.
Section 2. Term of Office. At the first annual meeting the members shall elect two of the directors for a term of one year. The other three directors shall be named by the Declarant and shall remain in office until such time as the Declarant ceases to have sufficient Class B voting rights as set forth in Article III, Section 2 of the Declaration of Covenants, Conditions and Restrictions to elect 3 directors. Within three months of the date when Declarant ceases to own sufficient Class B voting rights to elect three directors, a special meeting shall be called of the members to elect three members to the Board of Directors who shall serve for a term to end at the end of the term of those they are replacing. Thereafter, these three directors shall be elected for two-year terms.
Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.
Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for the election to the Board of Directors shall be make by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall, in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI
MEETING OF DIRECTORS
Section 1. Regular Meetings. Regular Meetings of the Board of Directors shall be held not less than semi-annually, with notice to the Board, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.
Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
(a) to manage the maintenance of any entrance features constructed for the development;
(b) maintain the main detention easements through lots 50-62, 64 76, 85, 86, 171 and on the final subdivision plan. This maintenance,
however, shall not include everyday mowing.
(c) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.
(d) adopt and publish rules and regulations governing the use of the Common Area and facilities (if any), and the personal conduct of the
Members and their guests thereon, and to establish penalties for the Infraction thereof;
(e) suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and Hearing, for a period not to exceed sixty (60) days for infractions of Published rules and regulations;
(f) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership
by other provisions of these By-laws, the Declaration, or the Articles of Incorporation;
(g) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3)
consecutive regular meetings of the Board of Directors.
Section 2. Duties. It shall be the duty of the Board of Directors to:
(a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote;
(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
(c) as more fully provided in the Declaration, to:
(1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.
(2) Send written notice of each assessment (if the assessment has been increased over the prior years assessment) to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period.
(3) Proceed through proper legal proceedings to foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or bring an action at law against the owner personally obligated to pay the same.
(d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.
(e) Procure and maintain adequate liability and hazard insurance on property owned by the Association.
(f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate.
(g) Cause the Common Area to be maintained and to maintain the detention area and the drainage easements as set forth herein.
ARTICLE VII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The Offices of this Association shall be a President and a Vice-president, who shall at all times be members of the Board of Directors, a Secretary, a Treasurer, and such officers as the Board may from time to time by resolution create.
Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.
Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect of the date of receipt of such notice or at any later time specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
President
(a) The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.
Vice-President
(b) The Vice-president shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
Secretary
(c) The Secretary shall record the votes and keep the minutes of all meeting and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.
Treasurer
(d) The Treasurer shall receive and deposit in appropriate bank accounts all moneys of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall co-sign all checks and promissory notes of the Association; keep proper books of account; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members.
ARTICLE IX
LIMITATION OF LIABILITY
Section 1. Limited Liability of the Board Members and Officers of the Association. The Board, and its members in their capacity as members, and officers of the Association:
(a) Shall not be liable for the failure of any service to be obtained by the board and paid for by the Association, or for injury or damage to persons or property caused by the elements or by another Lot Owner or person on the Properties, unless in each such instance such injury or damage has been caused by the willful misconduct or gross negligence of the Board or its members or officers;
(b) Shall not be liable to the Lot Owners as a result of the performance of the Board members’ or officers’ duties for any mistake of judgment, negligence or otherwise, except for the Board members’ or officers’ own willful misconduct or gross negligence; and
(c) Shall have no personal liability in contract to a Lot Owner or any other person or entity under any agreement, check, contract, deed, lease mortgage, instrument or transaction entered into by them on behalf of the Board or the Association in the performance of the Board members’ or officers’ duties;
(d) Shall have no personal liability in tort to a Lot Owner or any other person or entity, direct or imputed, by virtue of acts performed by or for them except for the Board members’ or officers’ own willful misconduct or gross negligence in the performance of their duties.
Section 2. Indemnification. Each member of the Board, in his capacity as a Board member, and each officer of the Association, in his capacity as an officer of the Association, shall be indemnified by the Association against all expenses and liabilities, including attorney’s fees, reasonably incurred by or imposed upon him in connection with any proceeding in which he may become involved by the reason of his being or having been a member and/or officer of the Board or an officer of the Association, or any settlement of any such proceeding, whether or not he is a Board member, officer or both at time such expenses are incurred except in such cases wherein such Board member and/or officer is adjudged guilty of willful misconduct or gross negligence in the performance of his duties; provided that, in the event of a settlement, this indemnification shall apply only if and when the Board (with the affected member abstaining if he is then a Board member) approves such settlement and reimbursement as being in the best interests of the Association; and provided further that, indemnification hereunder with respect to any criminal action or proceeding is permitted only if such Board member and/or officer had no reasonable cause to believe his conduct was unlawful. The indemnification by the Lot Owners set forth in this section shall be paid by the Association on behalf of the Lot Owners and shall constitute a special assessment and shall be collectible as such. Such right of indemnification shall not be deemed exclusive of any other rights to which such Board member and/or officer may be entitled as a matter of law or agreement or by vote of the Lot Owners or otherwise.
Section 3. Indemnification Insurance. The Board may obtain insurance to satisfy the indemnification obligation of the Association and all Lot Owners set forth in Section 2 above, if and to the extent available. The indemnification obligation of the Association shall be in addition to the insurance.
ARTICLE X
COMMITTEES
The Board shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
ARTICLE XI
BOOKS AND RECORDS
The books, records and papers of the Association shall, at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the by-laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost.
ARTICLE XII
ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of fifteen percent (15%) per annum (however, in no event, shall the charge be less than One Dollar ($1.00) per day), and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
ARTICLE XIII
CORPORATE SEAL
The Association shall have a seal in circular form having within its circumference words: Wheatstone Homeowners Association.
ARTICLE XIV
AMENDMENTS
Section 1. These by-laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of member present in person or by proxy, except that (if applicable because of the financing for the development or the sales of units) the Federal Housing Administration or the Veterans Administration or similar quasi-governmental entity shall have the right to veto amendments while there is Class B membership.
Section 2. In the case of any conflict between the by-laws and the Articles of Incorporation, the Articles shall control; and in case of any conflict between the Declaration and these by-laws, the Declaration shall control.
ARTICLE XV
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR WHEATSTONE
THIS DECLARATION, made on the date hereinafter set forth by Reese Development Group, hereinafter referred to as “Declarant”.
WITNESETH:
WHEREAS, Declarant who owns certain property in the County of Lebanon, Commonwealth of Pennsylvania, which is more particularly described as:
(SEE EXHIBIT “A” ATTACHED)
NOW THEREFORE, Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. “Association” shall mean and refer to Wheatstone Homeowners Association, its successors and assigns.
Section 2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. “Properties” shall mean and refer to that certain real property herein before described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. “Common Area” shall mean Lot 234 (the main Detention Area).
Section 5. “Lot” shall mean and refer to any numbered plot of land shown upon any recorded subdivision map of the property.
Section 6. “Declarant” shall mean and refer to Reese Development Group, its successors or assigns.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owner’s Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area (although no such facility is now contemplated);
(b) the right of the Association to suspend the voting rights of an Owner and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations or this Declaration;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purpose and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by two-thirds (2/3) of each class of members, has been recorded.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the by-laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
Section 3. Parking Rights. Each Lot shall have the exclusive use of its driveways and each Lot shall be available for off street parking for the use of the owners of that lot and parking on the public streets shall exist as regulated by North Londonderry Township.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot who is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
Section 2. The Association shall have one class of voting membership:
Class A. Class A members shall be all Owners, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.
ARTICLE IV
CONVENANT FOR MAINTENANCE ASSESSMENT
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned upon which is erected a completed housing unit within the Properties, hereby convenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title however, the successors in title shall become jointly and severally liable for such delinquent assessments.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, and safety in the Properties and for the improvement and maintenance of the Detention Area and common open space, and for the maintenance of the drainage easement through Lots 50-62, 64-76, 85, 86, 171 and 172. However, this maintenance of the drainage easements shall not include everyday mowing. All maintenance of storm drainage facilities located outside the street right-of-ways, with the exception of those noted above, shall be the responsibility of the individual Lot owners.
Section 3. Maximum Annual Assessment. The current annual assessment shall be Eighty-Five Dollars ($85.00) per Lot effective 1-1-2024.
(a) The maximum base annual assessment may be increased each year not more than 5% above the assessment for the previous year by the Board of Directors without a vote of the membership.
(b) The base annual assessment may be increased above 5% if approved by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or within the drainage easements being maintained pursuant to Section 2 above, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members no less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty percent (50%) of all votes of each class or membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.
Section 6. Date of Commencement of Annual Assessments: Due
Dates. The annual assessments provided for herein shall be due and commence as to all Lots on the first day of the calendar year for which the assessment is applicable. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. The annual assessment for that Lot of Seventy Five Dollars ($ 75.00) or such other fee as would be in effect at that time shall be paid at settlement by the Purchaser. Thereafter the annual assessment on a Lot shall be paid in January of each year without the necessity of a bill being sent by the Association to each individual lot owner. Bills will only be sent when there is an increase in the assessment from the prior year’s assessment. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association or the Manager setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of fifteen percent (15%) per annum but with a minimum charge of not less than $ 1.00 per day. The Association may bring an action at law against the Owner personally obligated to pay the same. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 8. Subordination of the Lien to Mortgage. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or any second mortgage created and recorded at time of purchase. Sale or transfer of any Lot shall not defeat the assessment lien. However, the sale or transfer of any Lot shall extinguish the lien of such assessments as to payments which relieve such Lot from liability for any assessments thereafter becoming due for from the lien thereof.
Section 9. Transfer of Ownership. Except as limited by Section 8 above, upon the sale or transfer of any ownership interest in a Lot, all unpaid assessment installments shall then immediately become due and payable and the Association may pursue such remedy or remedies as it determines necessary to collect the unpaid assessment installments from the prior or present owners of said Lot.
ARTICLE V
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon a Lot nor shall any exterior changes be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design, materials or location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. This Article shall not apply to original construction by the Declarant.
ARTICLE VI
EXTERIOR MAINTENANCE
Section 1. Owners Responsibility. Each Lot owner shall be responsible for all of the exterior and interior maintenance of the structure, driveway, appurtenant structures and landscaping on their individual Lot. The Association will do no maintenance on individual Lots other than as set forth in Article IV Section 2.
Section 2. Owners Obligation to Rebuild. If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner thereof, with all due diligence, to rebuild, repair or reconstruct such residence in a manner which will substantially restore it to its appearance (or other style approved by the Architectural Review Committee) and condition immediately prior to the casualty. Reconstruction shall be undertaken within six (6) months after the damage occurs and shall be completed within twelve (12) months after the damage occurs, unless prevented by causes beyond the control of the Owner.
Section 3. Failure to Repair, Restore or Maintain. In the event an Owner of any Lot in the property shall fail to maintain the premises and the improvements situate thereon in a manner satisfactory to the Board of Directors, the Association after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and/or employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon as close as possible to their original state. The costs of such exterior maintenance shall be added to and become part of such assessment to which such Lot is subject and shall be paid in such manner as the Board of Directors determines.
ARTICLE VII
USE RESTRICTIONS
Section 1. Protective Covenants.
The following restrictions are imposed as a common scheme upon all Lots:
(a) No tanks or storage of gas or liquids may be maintained on any Lot unless hidden from external view of any other Lot;
(b) No animals, livestock or poultry shall be raised, bred, or kept in any dwelling or on any Lot except dogs, cats or other domesticated household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose and provided that not more than two (2) pets in the aggregate may be kept in any Lot. Any excrement or fecal matter deposited by said pets outside the structure shall be immediately removed.
(c) No garbage, refuse, rubbish or cuttings shall be deposited on any Lot, street, sidewalk or parking area unless placed in a close rigid receptacle/container provided by the Lot Owner. Containers provided by the Lot Owner shall not be placed on any street, sidewalk, parking area or common area, except when necessary for collection and shall be regularly kept in a location on the Lot from which it is least visible to any other portion of the land of Wheatstone. The containers shall only be place at curbside the night before the collection.
(d) No commercial or non-passenger vehicle of any type, other than small business van-type vehicles, and no unlicensed motor vehicle of any type shall be permitted to remain over night on the property exclusively reserved for the Lot Owner within Wheatstone nor the streets within the Development unless garaged other than as may be used by the Declarant in conjunction with building operations.
(e) No boats of any type shall be permitted on the property exclusively reserved for a Lot Owner of Wheatstone within the Development for more than fourteen (14) days unless garaged or screened in a manner acceptable to the Architectural Control Committee of the Association.
(f) No outside radio or television antenna or satellite reception devise shall be erected on the property or the dwelling unit within Wheatstone unless and until permission for the same has first been granted by the Architectural Control Committee of the Association.
(g) No drying or airing of any clothes or bedding shall be permitted outdoors within the area of the property of a Lot Owner within Wheatstone unless it is done in such manner that the hanging devices and the clothes hanging in the lines are not visible from the streets within the Wheatstone Development.
(h) No noxious, unsightly or offensive activity including vehicle repairs, shall be conducted on the property of a Lot Owner or on the Common Area or on the streets, nor shall anything be permitted to be done thereon which may be or may become an annoyance or nuisance to residents of Wheatstone.
(i) No sign of any kind shall be displayed to the public view on any Lot or improvements thereon except a one-family name sign of not more than 144 square inches or one temporary sign of not more than 2 square feet advertising the property for sale or for rent. No such signs shall be illuminated.
(j) No trucks (other than standard pickup), trailers, boats, motorcycles, recreational vehicles, motor homes, water vehicles, snowmobiles or other motor vehicles shall be parked or repaired or stored on any street overnight within the development. No such vehicle or boat shall ever be parked on the Common Area.
(k) There shall be no use of the Common grounds and green areas except for natural recreational uses which do not injure the Common Areas or the vegetation thereon, increase the maintenance thereof, or cause unreasonable embarrassment, disturbance or annoyance to Owners in the vicinity of the Common Grounds and green areas.
(l) All Lots are to be maintained in a clean and sanitary condition and all lawns, shrubs and other vegetation shall be groomed and maintained regularly as needed. All sidewalks and driveways located on any Lots shall be kept free of snow, ice and debris.
ARTICLE IX
RENTAL UNITS
Units shall not be rented for less then a minimum of six months. All tenants shall be given a copy of this Declaration and of any Rules and Regulations pertaining to Wheatstone upon the execution of a lease. The tenants shall be bound by all of the provisions in these documents and otherwise pertaining to the Development. Furthermore, Lot Owners who rent their Units shall also remain fully responsible for all of the actions of their tenants and the requirements of the Declaration, By-laws and Rules and Regulations of the Association.
ARTICLE X
UTILITIES
There is hereby granted a blanket easement upon, across, over and under all of the property for ingress, egress, installation, replacing, repairing and maintaining a master television antenna system and all utilities including, but not limited to, water, sanitary and storm sewers, television cable, gas, telephone, electricity and drains. By virtue of this easement, it shall be expressly permissible for the providing utility company or other responsible party to erect and maintain the necessary poles and other necessary equipment on or under the individual Lots. Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities or drainage easements may be installed, located or relocated on any Lots except those initially planned and approved by the Declarant or its successors or assigns, or by the Board of Directors, provided in no event shall any such future easements interfere with the use and enjoyment of any Lot. Should any utility furnishing a service covered by the general easement herein provided or should the Declarant request a specific easement by separate recordable document, the Board of Directors shall have the right to grant such easement on the property without conflicting with the terms hereof. The easements provided for in this Article shall not impair any other recorded easement on the property.
Each Lot Owner shall be responsible for the maintenance of the water, gas, electric and sewer lines serving their property in accordance with the Rules and Regulation of the utility providing such service. To provide Owners with underground utility lines, it is required from time to time that two or more Lots be served by common service lines. Owners of Lots with such lines agree to cooperate fully with the utility companies concerned therewith for all maintenance, repair and other measures as may be necessary to provide adequate and proper service to the owners served thereby.
ARTICLE XI
ORAL REPRESENTATIONS
Declarant does not make, and specifically disclaims any intent to have made, any warranty or representation in connection with any Lot, the Common Areas, the property or the Development except as specifically set forth herein or in any agreement of sale for a Lot, and no person shall rely upon any warranty or representation not so specifically made herein.
ARTICLE XII
POWERS OF NORTH LONDONDERRY TOWNSHIP
In the event that the Association, through the Board of Directors, shall, at any time, fail to maintain the Detention Area and common open space, or the drainage easements through Lots 50-62, 64-76, 85, 86, 171 and 172 in reasonable order and condition (excluding everyday mowing) the Township may serve written notice on the Association and Lot Owners setting forth the manner in which the Association has failed to maintain the areas in reasonable condition; and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the Township, in order to preserve the taxable values of the Development, and to protect the rights of property owners within the Development and prevent a public nuisance, may enter upon the Common Areas and the aforesaid Lots to maintain them for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the Common Areas except when and if the same should be voluntarily dedicated to the public by the Association in accordance with the provisions hereof. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the Board of Directors, call a public hearing upon notice to the Association and to the Unit Owners, to be held by the Township, at which hearing the Association or the Lot Owners shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that the Association is not ready and able to maintain said elements of the Common Area in a reasonable condition, the Township may, at its discretion, continue to maintain the Facilities during the next succeeding year, and subject to a similar hearing and determination, in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Township shall be assessed against each Lot Owner in accordance with this percentage of the total annual assessment of the Association and shall, to that extent, become a municipal lien on each Lot. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter place upon a Lot. Sale or transfer of any Lot will not affect the assessment lien, provided, however, that the sale of transfer of any Lot pursuant to mortgage foreclosure or any other proceeding in lieu of foreclosure shall not extinguish the lien of such assessments as to payments which become due prior to such sale or transfer, unless such liens have been paid or otherwise provided for. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof. Furthermore, the owners of a Lot which has been transferred pursuant to mortgage foreclosure or any other proceeding in lien of foreclosure shall remain personally liable thereafter for such assessments incurred prior to the date of such transfer. The Township, at the time of entering on the Common Areas for the purpose of maintenance of the aforesaid areas, shall file a notice of such lien in the Office of the Prothonotary of Lebanon County on the Lots.
ARTICLE XIII
LIMITATION OF LIABILITY
Section 1. Limited Liability of the Board Members and Officers of the Association. The Board, and its members in their capacity as members, and officers of the Association:
(a) Shall not be liable for the failure of any service to be obtained by the board and paid for by the Association, or for injury or damage to persons or property caused by the elements or by another Lot Owner or person on the Properties, unless in each instance such injury or damage has been caused by the willful misconduct or gross negligence of the Board or its members or officers;
(b) Shall not be liable to the Lot Owners as a result of the performance of the Board members’ or officers’ duties for any mistake of judgment, negligence or otherwise, except for the Board members’ or officers’ own willful misconduct or gross negligence; and
(c) Shall have no personal liability in contract to a Lot Owner or any other person or entity under any agreement, check, contract, deed, lease, mortgage, instrument or transaction entered into by them on behalf of the Board or the Association in the performance of the Board members’ or officers’ duties;
(d) Shall have no personal liability in tort to a Lot Owner or any other person or entity, direct or imputed, by virtue of acts performed by or for them except for the Board members’ or officers’ own willful misconduct or gross negligence in the performance of their duties.
Section 2. Indemnification. Each member of the Board, in his capacity
as a Board member, and each officer of the Association, in his capacity as an officer of the Association, shall be indemnified by the Association against all expensed and liabilities, including attorneys’ fees, reasonable incurred by or imposed upon him in connection with any proceeding in which he may become involved by the reason of his being or having been a member of the Board and/or an officer in the Association, or any settlement of any such proceeding, whether or not he is a Board member, officer or both at the time such expenses are incurred, except in such cases wherein such Board member and/or officer is adjudged guilty of willful misconduct or gross negligence in the performance of his duties; provided that, in the event of a settlement, this indemnification shall apply only if and when the Board (with the affected member abstaining if he is then a Board member) approved such settlement and reimbursement as being in the best interests of the Association; and provided further that, indemnification hereunder with respect to any criminal action or proceeding is permitted only if such Board member and/or officer had no reasonable cause to believe his conduct was unlawful. The indemnification by the Lot Owners set forth in this section shall be paid by the Association on behalf of the Lot Owners and shall constitute a special assessment and shall be collectible as such. Such right of indemnification shall not be deemed exclusive of any other rights to which such Board member and/or officer may be entitled as a matter of law or agreement or by vote of the Lot Owners or otherwise.
Section 3. Indemnification Insurance. The Board may obtain insurance to satisfy the indemnification obligation of the Association and all Lot Owners set forth in Section 2 above, if and to the extent available. The indemnification obligation of the Association shall be in addition to the insurance.
ARTICLE XIV
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in entity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Article XII cannot be amended without the agreement of North Londonderry Township. Any amendment must be recorded and will not be effective until so recorded.
Section 4. Insurance. No person other than the Owner of a Lot, or the mortgagee where permitted by the mortgage, shall have the right to place hazard or liability insurance for that Lot.
ARTICLE OF INCORPORATION
OF
WHEATSTONE HOMEOWNERS
ASSOCIATION
In Compliance with the requirements of the Non-profit Corporation Law of 1972 (15 Pa. C.S.A. Section 7301 et seq.), the undersigned hereby certifies:
ARTICLE I
The name of the corporation is WHEATSTONE HOMEOWNERS ASSOCIATION hereafter called the “Association”.
ARTICLE II
The principal mailing address of the Association is P.O. Box 33, Campbelltown, PA 17010.
ARTICLE III
JMR Development Company, Inc. whose address is 307 Hockersville Rd., Hershey, Pennsylvania 17033, is hereby appointed the initial registered agent of this Association.
ARTICLE IV
PURPOSES AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide maintenance, preservation and architectural control of the residence Lots and Common Area, and to promote the health, safety and welfare of the residents within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association; and for this purpose to:
(a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereinafter called the “Declaration”, applicable to the property and recorded or to be recorded in the Office of Recorder of Deeds in and for Lebanon County and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length;
(b) fix, levy, collect and enforce payment by any lawful means, all changes or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association;
(c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association;
(d) borrow money, and with the assent of two-thirds (2/3) of each class of members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred;
(e) dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer;
(f) participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members;
(g) have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-profit Corporation Law of the State of Pennsylvania by law may now or hereafter have or exercise.
ARTICLE V
MEMBERSHIP
Every person or entity who is a record owner or a fee or undivided fee interest either legal or equitable in any Lot which is subject by covenants or record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of any obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association.
ARTICLE VI
VOTING RIGHTS
The Association shall have one class of voting membership:
Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.
ARTICLE VII
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board of five (5) Directors, who need not be members of the Association. The number of directors may be changed by amendment of the by-laws of the Association. The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are:
BOARD OF DIRECTORS:
Pete Van Zandt, President 717-838-2045
Don Kline, Treasurer
Architectural Committee:
Advisory Committee:
Note: This document has been amended and updated for reference use only as a portion of the Wheatstone Home-owners Association website www.wheatstonehome.org. Please see the original document created with the establishment of the community for references to Class “B” stocks and privileges (there are none – Class “B” was for the developers representation only), previous dues amounts, and certifications.
Updated 1-24-2024 - Annual Wheatstone HOA Dues are $85