QUICK REFERENCE GUIDE TO USE RESTRICTIONS AND COVENANTS

THE VILLAS AT HERSHEY MEADOWS

I.                    Rationale for this guide

II.                 Administrative Structure of the Association

                 A.  Executive Board of the Association

               B.  The Permanent Committees

                      1.  Architectural Committee

                       2.  Communications Committee

                       3.  Social Committee 

                C.  Other Committees

III.   Common Elements and Limited Common Elements

                A.  Common Elements (CE)

                  B.  Limited Common Elements (LCE)

  IV.  Maintenance of the CE and LCE

                  A.  By the Association

                  B.  By the Unit Owners (LCE)

     V. Use Restrictions (Article XIX, pp. 24-28)

                  A.  Overview and Purpose

                  B.  Rules and Regulations

                 C.  The Restrictions

                            1.  Property and Unit Use

                             2.  General Restrictions

                             3.  Specific Restrictions

                                          a.       Signs and Decorations

b.      Trash Disposal

c.       Business or Commercial Enterprises

d.      Exterior Changes or Improvements

e.       Airing or Drying of Clothing

f.        Noise

g.       Pets and Pet Control

h.       Discarding onto a CE or LCE

i.         Storage

j.        Vehicles on Property

k.      Vehicular Maintenance

                                    l.    Vehicle Parking and Operation

                                    m.  Antennas

                        D.  Violation of Restrictions

I.  Rationale for This Guide    

            This Reference Guide is intended to provide the homeowner with speedy access to the rules and regulations that come with living in this development.  It is not intended to be a replacement for reading the homeowner’s information you received when you purchased your home, or to treat each item as comprehensively as the original.  Each item in this Guide has been referenced so you may know where to go for more information.  It is our hope that such a guide will make it easier for the homeowner to know the rules and procedures so the value of our property and the enjoyment of living here can be enhanced

II.  Administrative Structure of the Association

            A.  Executive Board of the Association.  The Board is composed of five members of the Association elected to the Board for a period of two years.  Seats on the Board become open on a staggered basis so that continuity can be maintained.

            The members of the Association will receive a call for nominations to the Board each year, as terms for some Board members come to a close.  After nominations are received, a list of candidates will be mailed to all members of the Association.  The election will take place at the Annual Association Meeting convened for that purpose.  Proxy ballots will also be available to Association members unable to attend the meeting.  Please refer to Article XII and XIII for a detailed description of the powers and duties of the Board (pages 12-15 of the By-Laws of the Villas).

            B.  The Permanent Committees.

                        1.  Architectural Control Committee.  The members of this committee are appointed by the Executive Board.  It consists of at least three members.  The President of the Executive Board or a member of the Board appointed by the President serves as a non-voting ex officio member of the committee.  This committee has three major functions:

            a) To monitor, regulate and preserve the consistent and harmonious external design of the units and the common element and all improvements of these in such a manner as will preserve and enhance the value and appearance of the property and protect the owners’ health, safety and welfare.

            b) To maintain a harmonious and aesthetically pleasing relationship between the property and the improvements, including vegetation and topography.

            c) To monitor compliance of the Owners with all applicable architectural rules and regulations as the Board may adopt and with any architectural control applications approved by the Board.

            No member of the Association (homeowner) may construct or make any change or addition to the common element, including landscaping changes or additions, without first obtaining written approval from the Board.

            The Board is the final arbitrator of the request, and no work may be done until written approval is issued by the Board.  Architectural request forms are available at the Property Manager’s office.  If the request is denied, the applicant may withdraw or revise and re-submit an application.

                        2.  Communications Committee.  The Communications Committee has the responsibility to publish the Villas Voice newsletter, the content of which will include a report on the activities of the Executive Board and any other information deemed important and useful to the members of the Association.  This committee will also maintain an updated listing of residents, with phone numbers and e-mail addresses if the homeowner agrees to have such information included in the listing.  The Secretary of the Board will serve as an ex officio member of this committee.

                        3.  Social Committee.  This Committee organizes and oversees social functions of the Association including holiday parties, social events, trips, etc.  It also welcomes new residents to our community, thereby enhancing the sense of belonging that is so important in establishing a sense of community.

            C.  Other Committees.  The Board is empowered to form ad hoc committees as needed to address specific issues of importance to the Association and its members.  The tenure of this committee will be determined by the time required to address the issue to its completion

II.  Common Elements and Limited Common Elements.

            A.  The Common Elements are:  All portions of the property that are not designed as part of a unit (see Article VII, Unit Boundaries), for example, structures which are part of a building, yards, parking areas, driveways, roadways, sidewalks, walkways, street lights, fences, lawns, and all landscaping and improvements (Article VIII).

            B.  The Limited Common Elements are:  Portions of the Common Element which serve less than all the units, including but not limited to decks, patios, balconies or terraces (Article VIII).

IV.  Maintenance of the Common Elements and Limited Common Elements (Article XVI.)

            A.  Maintenance by the Association (Article XVIII)

                        1.  The Common Elements.  Maintenance, repair and replacement are the responsibility of the Association.  The Executive Board has exclusive power and responsibility to maintain those areas and keep them in good order.  All costs for this responsibility are a common expense.  Unit Owners have no authority to perform maintenance or make any improvement to the Common Element except as permitted by the Executive Board

                        2.  The Limited Common Elements.  Structural repairs and replacements of the LCE of any unit shall be performed by the Association and the costs levied against the Unit(s) benefiting from those repairs.  Structural repairs and/or replacements of decks, balconies and patios which become necessary because an Owner fails to perform ordinary maintenance or are caused by Owner negligence or misuse shall be performed by the Owner at the Owner’s sole cost

and expense upon the Owner’s receipt of architectural approval.   

            B.  Maintenance by the Unit Owner. 

                        All ordinary maintenance and repairs including but not limited to washing, staining and preserving of the LCE, for example, decks, balconies and patios and the associated steps and landings, are to be performed by the Unit Owner. 

                        The Executive Board will determine what care, tasks and work represent ordinary maintenance and repairs (Article XVII).

 V.  Use Restrictions (Article XIX.)

            A.  Overview and Purpose.  Use restrictions are intended to preserve the Unit Owner’s health, safety and welfare, to facilitate the Executive Board’s administration and management of the property, and to preserve the value and uniform appearance of the property and the units.

            B.  Rules and Regulations.  The Executive Board of the Association has 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

            C.  The Restrictions

                        1.  Property and Unit Use.  The property may be used for residential purposes only.  Each unit is to be used as a single family dwelling.  No unit can be used as a time-share condominium.

                        2.  General Restrictions.  No use or practice is permitted in any unit which is determined by the Board to be a source of undue annoyance to the occupants of other units or which interferes with their peaceful possession and use of their property.

            Nothing may be kept, used or stored in any unit that jeopardizes the health, safety and welfare of owners or diminishes the appearance or value of the property.

            No unit may be combined with any other unit, nor may a unit be divided without prior consent of the Board.

            Each Unit Owner must maintain the unit and LCE in a clean and sanitary condition so as to avoid risk to the welfare of other owners and any impairment of the appearance or value of the property.

            No hazardous substances may be stored, transferred, used or maintained in or on the property.

            No unit may be used or occupied in any manner which would violate any applicable law, statute, regulation or ordinance of any government body (see Pet Control).

                        3.  Specific Restrictions.

            a.  Signs and Decorations (Article XIX, 6e).            Signs, decorations, flags or banners that are visible from the outside may not be erected without prior written approval from the Board, with two exceptions:  1) Holiday decorations, which may be displayed no more than 30 days prior to and 30 days after the pertinent holiday; and 2) “For Sale” signs, which may be erected in the front mulch bed of the unit that is for sale..

            b.  Trash Disposal.  Trash containers are to be placed in front of the unit no earlier than the day before the designated pick-up time.  Trash is to be adequately bundled or secured in a fashion that prevents its being scattered about the development due to wind or weather.  Trash containers are to be stored within the unit between pick-ups.  No owner may place or dispose of debris, garbage, trash or rubbish anywhere or in any fashion on the property other than that described above (Article XIX, 6j).

            c.  Business or Commercial Enterprises.  No business, industry, trade or commercial enterprise is permitted that uses any part of the Common Element or Limited Common Element in the development.  Business activities inside the unit are permitted as long as those activities do not violate other restrictions regarding storage of hazardous materials and are not in violation of any ordinance, regulation, law or statute.  Providing direct customer service at the unit is not permitted since customer parking would by necessity use Common Element or Limited Common Element areas (Article XIX, 6m).

            d.  Exterior Changes or Improvements.  No exterior changes or improvements including trees, bushes, shades, awnings, canopies, shutters, exterior window guards, fans, air conditioners, flag poles or like devices may be placed, mounted, erected or used in or about the windows or exterior of any unit without written approval of the Executive Board.  This includes any addition or modification of the Limited Common Element, such as patios, decks, driveways, etc.  Any change that a homeowner may be considering that is outside the unit must be approved by the Executive Board (see Section II.B. above and Article XIX, 6m of the By-Laws).

            e.  Airing or Drying of Personal Articles.  No airing or drying of any clothing, bedding or other articles is permitted on the Common or Limited Common Elements. Placing drying racks on or using Limited Common Elements such as deck railings, patios, etc., for drying of any articles is not permitted (Article XIX, 6o.)

            f.  Noise.  No Owner may operate or allow to be operated any machine, appliance, accessory or equipment which emits any disturbing or loud noises anywhere in or on a unit, the Common Element or Limited Common Element (Article XIX, 6q).

            g.  Pets and Pet Control.  South Hanover Township has limited, by ordinance, the number of dogs a single private residence may have to two (2), and the residents of this development must abide by local ordinances (Article XIX, 6l).  Therefore, while a single residence may have four (4) household pets, the number of dogs allowed is two (2).

            Other than indicated above, no animals of any kind may be raised, bred or kept in any unit or on the Common Element or Limited Common Element.  No runs, cages, invisible fences, enclosures or houses for pets may be erected or maintained on the Common Element or Limited Common Element.  No animal may be tethered outside a unit.  No pets may be allowed to roam the property.  No pet may be walked outside a unit except on a leash held by a person capable of controlling the pet.  When a pet defecates upon the Common Element or Limited Common Element, the excrement must be immediately picked up and removed from the area.  Excessive barking by a dog will be considered an undue annoyance or nuisance and is not acceptable (Article XIX, No. 3).

            h.  Discarding onto the Common Element or Limited Common Element.  Nothing may be shaken, thrown or discarded by any Owner from the unit or the Limited Common Element, including windows, decks, patios and stoops (Article XIX, 6u).

            i.e.  Storage.  No Owner may use or permit the use of, bring into, store, treat, transfer or maintain in any unit any flammable, combustible, corrosive, or explosive materials, except for such small quantities as appropriate for normal household use (Article XIX, 6v.)

            j.  Vehicles on Property.  No commercial or other non-passenger vehicles of any type and no unlicensed motor vehicle or any type are permitted to remain overnight on the Property.  Commercial vehicles include, but are not limited to, trucks, trailers, and pickup trucks with a load-bearing capacity in excess of one-half ton.  Also included are service vehicles, trailer trucks, moving vans and vans or mini-vans intended for commercial use.

            Vehicles are also deemed commercial if they bear lettering, signs or other forms of advertising and are intended for non-passenger use, or are for hire for passenger or commercial use and/or bear “truck,” “commercial,” or other non-passenger license plates.

            No trailers, boats, mobile homes, campers, motorcycles or recreational vehicles may be parked overnight, stored or left unattended on the property (Article XIX, 6w, x, y).

            k.  Vehicular Maintenance.  No repair or maintenance of any vehicle is permitted on the property except for such emergency repairs as may be necessary to get the vehicle moving, i.e., jumping batteries, changing flat tires, etc. (Article XIX, 6z).

            l. Vehicle Parking and Operation.  No vehicle may be parked on the Common Element in such a manner as to impede or prevent ready access to any unit, unit driveway, or overflow parking area.  It is recommended that overflow parking areas be used where/when possible to avoid congestion caused by on-street parking.

            All parking regulations, speed limits and any other parking or traffic control signs posted on the property now or in the future are to be strictly obeyed by all Owners and Occupants (Article XIX; aa, bb).

            m.  Antennas.  No Owner may erect any antenna on the property except and the Board permits and with written permission from the Board.

            D.  Violation of Restrictions

                        In the event an Owner or Unit Occupant violates a use restriction, then the Owner will be obligated to pay all fines, expenses and costs to remediate the violation, including reasonable attorney fees incurred by the Association (Article XIX, No. r).