Swatara Village SVPOA Declaration (BODY)

8/3/2019 Swatara Village SVPOA Declaration (BODY)

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INTRODUCTION

DECLARATION OF COVENANTS AND EASEMENTS I

CONDITIONS AND RESTRICTIONS

THIS DECLARATION made this 12th day of May, 1993, by ALDICKASSOCIATES, INC., a corporation organized and existing under thelaws of the Commonwealth of Pennsylvania with principal place ofbusiness at 100 Swatara Village, Pine Grove Township, schuylkillcounty, Pennsylvania (hereinafter referred to as wDeclarantW).

I. Defined Terms •

Each term which appears in the following Introduction which isintended to have a defined meaning for all purposes relevant tothe subjects addressed in this Declaration has been defined in thetext of the Introduction. Any term which may appear in thesections of this Declaration which follow the Introduction, whichis intended to have a defined meaning, but which has not beendefined in the Introduction, has been defined and listed

alphabetically in Article I. After any term has been defined inthe Introduction or Article I, it will thereafter be identified bycapitalizing the first letter of the term.

II. Identification of the Land~ Sources of Title to theLand: Prior Conveyances by Declarant.

A. By deed from Manbeck Dredging company dated May 10,1973, recorded in Deed Book 1172 at page 917 in the schuylkillCounty Recorder of Deeds Office (the HRecorder's OfficeW), theDeclarant acquired title to a certain tract of land located inPine Grove Township, Schuylkill County, Pennsylvania containing

110 acres less prior adverse conveyances of .455 acres, and .918acres, a parcel containing 45,000 square feet and a taking by theCommonwealth of Pennsylvania in the amount of 1.366 acres and 1.54acres (the wManbeck ParcelN).

B. By deed from Chester C. Luckenbill et ux datedJune 12, 1985 recorded in Deed Book 1360 at page 674 In theRecorder's Office, the Declarant acquired title to 2.16 acres,more or less, west of and adjacent to the Manbeck Parcel (thewLuckenbill Parcel').

c. By quit claim deed from Reading Real Estate dated

October 27, 1989, recorded in Deed Book 1437 at page 0052 in theRecorder's Of~ice, the Declarant acquired certain premises locatedwithin the perimeter of the premises described in the deed for theManbeck Parcel and formerly used as a railroad canal right-of-wayby Union Canal Company, a predecessor to Reading Real Estate (thewUnion Canal Parcel').

D. By deed dated September 1, 1986, recorded in DeedBook 1380 at page 683 the Declarant conveyed a portion of TheManbeck Parcel containing 2.299 acres and a portion of theLuckenbill Parcel containing .058 acres to McDonald's Corporation(WCommercial Parcel #lW).



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E. By deed dated October 19, 1987, recorded in DeedBook 1398 at page 974, the Declarant conveyed a portion of theManbeck Parcel containing 2.058 acres in the aggregate to H. JamesRippon, et ux. ("Commercial Parcel #2").

F. The portions of the Manbeck Parcel, the LuckenbillParcel and the Union Canal Parcel which remain vested in theDeclarant as of the date hereof shall be described in thisDeclaration as the "Land".

III. Identification of Subdivision Approvals and zonin~Approval; Identification of Residential Lot Area; Identificat~on.Of Commercial Parcel #3.

A. By virtue of a special exception granted to theDeclarant by the Schuylkill County Zoning Hearing Board onFebruary 2, 1983, a copy of which is attached as Exhibit "AW (the

wSpecial ExceptionW) approval was granted to the Declarant toestablish residential uses on the Land.

B. On October 27, 1983, and on May 29, 1986, theSchuylkill county Planning Commission granted subdivision approvalto the Declarant with respect to the Land, and commercial Parcel*1 and Commercial Parcel #2, as more fully appears on planrecorded in Map Book 11 at page 16 in the Recorder's Office (the"1983 Plan") and on plan recorded in Map Book 12 at page 105 inthe Recorder's Office (the w1986 PlanW)~

c. On March 10, 1993, the Pine Grove Township Board of

Supervisors and the Pine Grove Township Planning commissionapproved a subdivision plan with respect to the Land (the w1993

PlanW) which has been recorded in Map Book 26 at page ~9 in theRecorder's Office, and upon which a portion of the Land isidentified as 159 separate residential lots (collectively the·Lots· or individually a ·LotW). The area of the Land which hasbeen subdivided into the Lots on the Plan shall be described inthis Declaration as the "Residential Lot Area·.

D. On the Plan, a portion of the Land which remainsvested in the Declarant has been identified as wCommercial Parcel#3·, and has been reserved for future development by theDeclarant, or its successors.

E. A portion of the Land, consisting of the remainingportion of the Luckenbill Parcel, all of the Union Canal Parcel,and the remaining portions of the Manbeck Parcel Which are locatedsouth and west of the Residential Lot Area, are unimproved andhave not been subdivided (the wResidue Parcel-).

IV. Proposed Use of swatara Village; Creation of Swatara



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Village Property Owners' Association; Identification of ImprovedLots, Dwellin~ Units, Accesso~ Buildings and Vacant Lots;structural cr~teria for Dwe~l~ng units; Identification ofQualified Residents.

A. The Declarant has improved and developed and

proposes to further improve and further develop the ResidentialLot Area for use as a residential community known as "SwataraVillage" by natural adult persons (a "Resident" or the"Residents").

B. The Declarant proposes to separately describe theLots, in accordance with the Plan, and to conveyor lease theLots, to third party purchasers, transferees,. and lessees in theordinary course of the business of the Declarant.

C. On May l2, 1993 the Declarant, as incorporator,filed with the Secretary of the Commonwealth of Pennsylvania

Articles of Incorporation (the "Articles of Incorporation"), acopy of which is attached as Exhibit "B", for the incorporation ofSwatara Vi~lage Property Owners' Association (the "Association"),a non-profit corporation.

D. The Declarant has also, on this date, as theincorporator of the Association, adopted by-laws of theAssociation (the WBy-Laws") a copy of which are attached asExhibit we".

E. The Declarant intends that each Lot, or ·eachcombination of commonly owned contiguous Lots, shall contain not

more than one (l) single story detached single family dwellingunit, which shall be used by a Resident or Residents for singlefamily residential use and occupancy (a "Dwelling Unit" or"Dwelling Units") and, without the written consent of theAssociation, not more than one (1) garage or storage building foruse appurtenant to the Dwelling Unit located on such Lot or Lots(an "Accessory Building" or "Accessory Buildings").

F. The Declarant intends that each Dwelling Unit shallconsist of manufactured and partially assembled components, pre-constructed in accordance with all applicable construction codesas recommended and maintained, and as from time to time amended

by, the Building Official and Code Administrators, Inc. (the "BOCACodes·). The Declarant further intends that the pre-manufacturedcomponents of each Dwelling unit shall be delivered to andassembled on the Lot, and mounted on a permanent foundation. TheDeclarant further intends that each Dwelling unit shall bedetachable from its foundation and capable of disassembly into itsoriginal components for purposes of relocation.

G. The Declarant intends that the portions of any



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Lot not occupied by a Dwelling Unit (a "Yard Area" or "YardAreas") shall be used and enjoyed by the Residents of the DwellingUnits as an open area appurtenant to such Dwelling Unit, subjectto the provisions of this Declaration.

H. The Declarant intends that not less than eighty(80%) per cent of the Dwelling Units in Swatara village shall beoccupied by households or groups of adults in which at least oneperson is age fifty-five or older (a "Qualified Resident" or"Qualified Residents"), or by one Qualified Resident. The term"Resident" or "Residents" when used in this Declaration, shallinclude Qualified Resident or Qualified Residents, unlessotherwise indicated, or unless the context otherwise requires.

I. certain of the Lots are not presently occupied byany Dwelling units or Accessory Buildings. For purposes of thisDeclaration, any Lot which does not contain a Dwelling unit shallbe described as a "Vacant Lot" or "Vacant Lots", and any Lot onwhich a Dwelling Unit shall be installed, shall be described as an"Improved Lot". Any Improved Lot on which the Dwelling unit shallbe owned by the Declarant shall be described as a "Declarant'sImproved Lot".

J. The Declarant has leased certain of the Lots, whichare currently occupied by Dwelling units and Accessory Buildings,to the owners of the Dwelling units and Accessory Buildingslocated thereon. Those Lots, together with any Lots which theDeclarant may hereafter lease, shall be described as the "LeasedLots" .

K. For purposes of this Declaration the grantee in anydeed from the Declarant or its successors for a Lot, whether ornot such grantee shall be the Resident or Residents of anyDwelling Unit located on such Lot, and all successors of recordto the interest of such grantee in such Lot shall be described inthis Declaration as an "Owner" or "Owners". Any Resident orResidents of any Dwelling Unit located on a Leased Lot and anyResident of any Declarant's Improved Lot shall be described inthis Declaration as a "Tenant" or the "Tenants".

L. The Declarant intends, and the By-Laws so provide,that every Owner of any Improved Lot and every Owner of any VacantLot, and the Declarant, with respect to every Lot, including everyDeclarant's Improved Lot, shall be a member of the Association (a"Member" or the NMembers"). The Declarant intends, and theBy-Laws provide, that no Tenant shall be a Member of theAssociation. The Declarant further intends, and the By-Laws soprovide, that the Association shall be governed by a Board ofDirectors to be elected by the Members (the "Board of Directors").

v. Street System; Swatara Drive Easement Agreement;



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Improved streets; Sidewalks; Driveway Common Areas; storm WaterDrainage, Light Standards on Improved Lots.

A. Access to the Residential Lot Area and the ResidueParcel from the nearest public thoroughfare is gained over anaccessway shown on the Plan and identified on ,the 1983 Plan and

the 1986 Plan as "Swatara Drive".

B. certain portions of the Residential Lot Area, by

which access is gained to.the Lots, have been shown as streets onthe Plan (the "street system").

c. The Declarant has installed concrete cartways incertain portions of the Street System which portions are shown onExhibit "D". The Declarant proposes to install extensions of theconcrete cartways in other portions of the street System as andwhen additional Lots are sold or leased, and when such Lots becomeImproved Lots, to provide hard surface accessways over the Street

System to all Improved Lots in Swatara Village. Such hardsurfaced portions of the Street System, and all future existingadditions thereto shall be described in this Declaration as the"Improved streets".

D. A portion of Swatara Drive (the "Swatara DriveEas~ent Area") is available for use by the owners of CommercialParcel #1, subject to the terms of an Easement Agreement betweenthe Declarant and McDonald's Corporation, dated April 17, 1986,recorded in Miscellaneous Book 245 at page 111 in the Recorder'sOffice (the ·Commercial Parcel #1 Easement Agreement)". TheCommercial Parcel #1 Easement Agreement provides for the use and

shared maintenance of swatara Drive by the parties to thatAgreement and their successors, and includes the right to installutilities, and to drain storm water run-off over the premisesdescribed therein.

E. The swatara Drive Easement Area is also availablefor use by the owner of commercial Parcel #2 under the terms of aRoad Maintenance Agreement between the Declarant and H. JamesRippon, et ux, dated october 19, 1987 and recorded inMiscellaneouS-Book 256 at page 411 in the Recorder's Office (the"Commercial Parcel #2 Easement Agreement"). The Commercial Parcel#2 Easement Agreement allocates responsibility for a portion of

the maintenance cost for swatara Drive among the parties to thatAgreement and their successors. The commercial Parcel #1 EasementAgreement and the Commercial Parcel #2 Easement Agreement, whennot described separately, shall be described collectively as the"Swatara Drive Easement Agreements".

F. The Declarant has installed and proposes to furtherinstall, adjacent to and parallel with the Improved Streets,concrete sidewalks, approximately four (4') feet in width (the



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"sidewalks").

G. Vehicle access to the Lots from the street System isgained over concrete driveways, portions of which are nowinstalled, and which may in the future be installed in theright-ai-way of the Street System between the cartways of the

Improved streets and the lot lines of the Lot serviced by suchdriveway (a "Driveway Common Area" or the "Driveway CommonAreas"). The Declarant intends that all present and futureDriveway Common Areas shall be maintained by the Resident orResidents of the Dwelling Unit served by such Driveway CommonArea.

H. A portion of the Residential Lot Area has beenreserved and dedicated for storm water drainage and been improvedwith a storm water drainage swale (the "storm Drainage SwaleN) inaccordance with, and as shown on, the 1983 Plan. The stormDrainage Swale is more fully described on Exhibit "E". The

Declarant intends that the Storm Water Drainage Swaleshall conveysurface storm water from Route 443 and Commercial Parcel #3, andthe Residential Lot Area to the Residue Parcel, and an unn~edtributary of Swatara Creek as shown on the 1983 Plan. The OWnerof Commercial Lot *1 is authorized to discharge storm water onto aportion of the Land therein described under the terms of thecommercial Parcel #1 Easement Agreement.

I. The Declarant has installed on the Improved Lots andproposes to install, in the future, on all Improved Lots adriveway light standard (the "Light Standard" or 'LightStandards"). The Declarant intends that the Light Standards,

shall provide street lighting in swatara Village during all hoursbetween dusk and dawn and that electrical power for the LightStandard is and shall be supplied from the Dwelling Unit locatedon the Improved Lot on which the Light Standard is installed, atthe expense of the Resident or Residents of such Dwelling Unit.

VI. Common Facilities; Identification of Common FacilityParcel, community Building, Office Building, Parking Area,Drainage Swale; Identification of Residue Parcel and ResidueParcel Easement.

A. In addition to the Lots and the street System, the

Residential Lot Area includes a parcel containing 1.0897 acres,more fully shown on Exhibit "F" attached hereto and identified onthe Plan as "community and Parking" (the "Common FacilityParcel"). The Common Facility Parcel is described on Exhibit "G".

B. A portion of the Common Facility Parcel, shown onExhibit "F" as "Parking" (the "Parking Area") is intended fornon-reserved and non-exclusive parking by the Residents and theirguests.



c. Three (3) structures are currently located on theCommon Facility Parcel in the approximate locations shown onExhibit "F", one of which is a single story building intended forcommon use and enjoyment by the Residents (the "CommunityBuilding"), one of which is a two-story residential building

intended for exclusive administrative use by the Declarant (the"Office Building") and the third of which is a single storystructure (the nutility Building") in which supplies andequipment used by the Declarant to provide maintenance and otherservices to Swatara Village are located and stored.

D. The Declarant intends that each Resident shall beentitled to use and enjoy the Community _Building and the ParkingArea, in common with each other Resident, subject to thisDeclaration.

E. The Declarant further intends that Owners and

Tenants shall have a non-exclusive revocable license to enter theResidue Parcel for all lawful passive recreational purposesappurtenant to residence in Swatara Village, and not inconsistentwith the use of the Residue Parcel by the Declarant (the HResidueParcel License").

F. When not described separately, the street System,the Sidewalks and in the Parking Area shall be describedcollectively as the ·Common Areas". When not describedseparately, the Common Areas, the Community Building, the stormDrainage Swale, the utility Building and the Light Standards shallbe described collectively as the "Common Facilities".

VII. Source of Sewer and Water utility services for theDwelling Units and the Common Facility Parcel; IdentificationOf Declarant's utilities; Provision for Easements for theDeclarant's utilities and Other utility Services to swataraVillage; Reservation of Easements; Imposition and Collection ofRates for Declarant's Utilities.

A. Potabl.edrinking water for SWatara Village isprovided to the Dwelling Units and the Common Facility Parcel froma well located on the Common Facility Parcel in the location shownon Exhibit "F", and treated by a water filtration system locatedin the utility Building (collectively the "Well System"). Waterprovided by the Well System now is and will continue to beavailable to the Dwelling Units through a water distributionsystem which the Declarant has installed in the street System (the"Water Distribution System").

B. Domestic sanitary waste from the Residential LotArea, and from Commercial Parcel #1 and Commercial Parcel #2, aswell as from a parcel identified on the Plan as "R.N.D.

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Enterprises (Econolodge)" is discharged into a sewage collectionsystem installed in the street system (the "Collection System")and is transported to a sewage treatment plant (the "TreatmentPlant") constructed on the Residue Parcel. The Declarant alsointends to conveyor to permit the conveyance of sewage fromCommercial Parcel #3 through the collection system to theTreatment Plant.

c . The right of the Owner of Commercial Lot #1 todischarge sewage with the Sewage System arises under the terms ofa Treatment Plant Agreement between the Declarant and McDonald'sCorporation, dated April 16, 1986 and recorded in MiscellaneousBook 245 at page ~18 in the Recorder's Office (the "TreatmentPlant Agreement").

D.Parcel in theAgreement andPlan.

The Treatment Plant is constructed on the Residuelocation identified on Exhibit pC" of the Treatmentin the location shown on the ~983 Plan and the 1986

E. Sewage is transported from the collection System tothe Treatment Plant, through a pumping station and force mainsystem also located on the Residue Parcel (the "Force MainSystemn).

F. The Well System and the water Distribution System,when not described separately, shall be described collectively asthe "Water system.n The Treatment Plant, the Collection Systemand the Force Main System, when not described separately, shall bedescribed collectively as the "Sewage system". The Sewage Systemand the Water System, when not described separately, shall bedescribed collectively as the "Declarant's utilities".

G. utility services, other than the services providedby the Declarant's utilities, are provided by other utilityservice providers (the "Public utilities"). The facilitiesrequired by the Public Utilities shall be installed in and on theResidential Lot Area, in certain Lots, and in portions of theStreet System, including the swatara Drive Easement Area, andportions of the Common Facility Parcel. The Public Utilities andthe Declarant's Utilities, when not described separately, shall bedescribed collectively, as the nUtilities".

VIII. Functions of Swatara Village Property Owners Association;Common Expenses; Improved Lot Common Expense Assessments: VacantLOt Common Expense Assessments.

A. The Declarant intends, and the By-Laws so provide,that the Association shall maintain the Street System, thesidewalks, the Community Building, the Parking Area, the UtilityBuilding, the Storm Drainage Swale and the Light standards, and

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that the Association shall administer and enforce this Declarationfor the benefit of the Members of the Association.

B. The Declarant intends that the Association shallcontract with the Declarant to administer the Association, and toprovide services which the Association, either directly or through

its contractors, is required by this Declaration, or shallhereafter elect, to perform.

C. The Declarant further intends that the Associationshall acquire the Water System from the Declarant for reasonablecompensation, and that the Declarant shall operate the waterSystem for the benefit of swatara Village.

D. The Declarant intends, and the By-Laws so provide,that the costs to the Association of administering theAssociation, performing the functions of the Association describedherein, and enforcing the Declaration (the ·Common Expensesn)

shall be paid or defrayed by assessments to be imposed uniformlyagainst all Owners of Improved Lots (an "Improved Lot CommonExpense Assessment"), including the Declarant's Improved Lots, andby assessments uniformly on all Owners of Vacant Lots, other thanVacant Lots owned by the Declarant, all as provided in thisDeclaration (a "Vacant Lot Common Expense Assessment") .

IX. Purpose of this Declaration; Exclusions from thisDeclaration.

A. Declarant desires, for the purpose of protecting thevalue and aesthetic appearance of the Lots, the Yard Areas, the

Dwelling Units and the Common Facilities, and for the benefit ofall Owners and Residents to provide for:

(1) Access to the Lots and the Dwelling Units andthe Common Facility Parcel over the street System, the Sidewalksand the Driveway Common Areas; and

(2) the maintenance and eventual ownership of theStreet System, the Sidewalks and the Driveway Common Areas by theAssociation; and

(3) the preservation and maintenance of theCommon Facilities by the Association; and

(4) the preservation and maintenance of theDwelling Units, the Accessory Buildings, the Yard Areas and theDriveway Common Areas by the Owners; and

(5) the operation of the Association by the Boardof Directors~ and



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(6) the superv~s~on of the installation,maintenance, repair and replacement of the utilities by the Boardof Directors; and

(7) easements for the installation, maintenance,repair and replacement of the utilities and the Common Facilities,

and for the administration and enforcement of this Declaration,and for the performance of essential governmental, public andquasi-public purposes within and for the benefit and protection ofswatara Village and the Residents; and

(8) the imposition of certain covenants,conditions, restrictions on the use of the Lots and the CommonFacilities; and

(9) the imposition of Improved Lot Common ExpenseAssessments, Vacant Lot Common Expense Assessments, and certainother obligations, charges and liens as herein provided; and

(10) the right of first refusal of the Declarant orthe Association to reacquire any Lot with or without any DwellingUnit located thereon prior to the conveyance thereof by any Ownerto any third party; and

(11) performance and enforcement of the swataraDrive Easement Agreements.

B. The Declarant wishes to define clearly thoseportions of the Land to Which this Declaration shall apply andthose portions to which it shall not apply.

c . The Declarant wishes to define clearly those areasin which the Association shall have maintenance and/or ownershipresponsibility and those in which it shall have no responsibility.

NOW, THEREFORE, Declarant declares that the Residential LotArea is and shall be held, transferred, sold, conveyed, leased,occupied and used subject to the covenants, restrictions,condition, easement, charges, assessments, obligations and lienshereinafter set forth in this Declaration.

ARTICLE I

DEFINITIONS

Section 1 Defined Terms .

The following words and terms when used in this Declarationor any amendment thereto (unless the context clearly indicates tothe contrary) shall have the following meanings:



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1.1 "Accessory Building" or "Accessory Buildings" shallmean any detached or attached garage or storage building locatedon an Improved Lot.

1.2 "Articles of Incorporation" shall mean and refer tothe articles of incorporation of the Association, a copy of which

is attached hereto and made a part hereof and marked Exhibit"B", together with any and all amendments thereto.

1.3 "Association" shall mean and refer to the swataraVillage Property OWners' Association, Inc., a Pennsylvanianon-profit corporation, its successors and assigns.

1.4 "BOCA Codes" shall mean ~ll applicable con?tructioncodes as recommended and maintained, and as from time to timeamended by, Building Official and Code Administrators, Inc.

1.5 "Board of Directors" shall mean and refer to the

Board of Directors of the Association.

1.6 "By-Laws" shall mean and refer to the By-Laws of theAssociation, a copy of which is attached hereto, made a parthereof and marked Exhibit "CH, together with any and allamendments thereto.

1.7 "Commercial Parcels" shall mean commercial Lots #1,Commercial Lot #2 and Commercial Lot #3.

1.8 "Commercial Parcel #1" shall mean premisescontaining 4.644 acres conveyed to McDonald's corporation by deed

dated September I, 1986 and recorded in Deed Book 1380 at page 683in the Recorder's Office.

1.9 "Commercial Parcel #1 Easement Agreement" shall meanshall mean the Agreement between McDonald's corporation and theDeclarant dated April 17, 1986, recorded in Miscellaneous Book 245at page 111 in the Recorder's Office.

1.10 "Commercial Parcel #2" shall mean premisescontaining 2.058 acres conveyed to H. James Rippon, et ux. by deeddated October 19, 1987 and recorded in Deed Book 1398 at page 974in the Recorder's Office.

1.11 "Commercial Parcel #2 Easement Agreement" shall meana certain Road Maintenance Agreement between the Declarant and H.James Rippon, et ux. dated October 19, 1987 and recorded inMiscellaneous Book 256 at page 411, providing for the shared useand maintenance of the swatara Drive Easement by the Declarant,and the Owners of Commercial Parcel #1.

1.12 "Commercial Parcel #3" shall mean premises



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containing three (3) acres, more or less, which are part of theManbeck Parcel, and which are identified as Commercial Lot #3 onthe Plan, of which the Declarant is the fee simple owner as of thedate of this Declaration.

1.13 "Common Areas" shall mean the street System, theSidewalks, the Parking Area and the Common Facilities.

1.14 "Common Expense Assessment" shall mean a vacant LotCommon Expense Assessment and/or an Improved Lot Common ExpenseAssessment.

1.15 "Common Expenses" shall mean all ordinary andextraordinary expenditures made or liabilities-incurred, togetherwith any allocations for reserves, by or on behalf of theAssociation for the operation and administration of SwataraVillage and the Association.

1.16 "Common Facilities" shall mean the Common Areas, theCommunity Building, the storm Drainage Swale, the Utility Buildingand the Parking Area.

1.17 "Common Facility Parcel" shall mean that parcelshown on the Plan as community Building and Parking Area and morefully described on Exhibit "F".

1.18 "Community Manager" shall mean the Declarant, orsuch other person on entity as may be designated by the Board ofDirectors to manage and administer the Association.

1.19 "Declarant" shall mean and refer to AldickAssociates, Inc., a Pennsylvania corporation, its successors andassigns.

1.20 "Declaration" shall mean and refer to thisDeclaration of Covenants and Easements, Conditions andRestrictions and'all exhibits attached hereto, as the same may nowor hereafter be amended or supplemented.

1.21 "Declarant's Deeds" shall mean the deeds to theDeclarant for the Manbeck Parcel, the Union Canal Parcel and theLuckenbill Parcel, recorded respectively in Deed Book 1172 at page917, Deed Book 1437 at page 0052 and Deed Book 2360 at page 674 inthe Recorder's Office.

1.22 "Declarant's Improved Lot or Declarant's ImprovedLots" shall mean any Lot, of which the Declarant shall remain thefee simple owner on which a Dwelling Unit owned by the Declarantshall be erected.

1.23 "Declarant's Utilities" shall mean the Water System



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and the sewage System.

1.24 "Declarant's utility Easements" shall mean thoseeasements reserved by the Declarant herein for the operation,repair, maintenance and replacement of the Declarant's utilities.

1.25 "Driveway Common Area" or "Driveway Common Areas"shall mean that portion of any driveway to a Lot which extendsbeyond the property lines of the Lot and which is installedbetween the Lot and the cartway of the street system, inaccordance with specifications to be adopted by the Association.

1.26 -Dwelling Unit" shall mean and refer to anyindividual residential structure consisting of manufacturedcomponents pre-constructed in accordance with BOCA codes, locatedin Swatara Village installed or constructed on any Lot inaccordance with this Declaration, regardless of the form ofownership.

1.27 -Force Main System" shall mean that pumping systemand force main transmission line by which sewage is transportedfrom the Collection System to the Treatment Plant.

1.28 "Improved Lot Common Expense Assessment- shall meanand refer to the annual charge levied on, and sum payable by, anOWner, in equal monthly installments, as provided herein and inthe "By-Laws, with respect to an Improved Lot.

1.29 "Improved streets" shall mean those portions of thestreet System shown on Exhibit "B" which have been improved with

concrete cartways as of the date hereof, and also those portionsof the Street System which shall in the future be improved withconcrete cartways.

1.30 "Institutional Lender" shall mean and refer to anybank, mortgage banker, savings and loan association or otherfinancial institution or pension fund, which is the record ownerof a first mortgage which encumbers either the legal or equitableinterest, or both, in any Improved Lot or Vacant Lot.

1.31 "Land" shall mean that land located in Pine GroveTownship, Schuylkill County, Pennsylvania, consisting of the

Residential Lot Area, the Residue Parcel and Commercial Parcel#3 being the portions of those premises acquired by theDeclarant's Deeds which remain vested in the Declarant as of thedate hereof.

1.32 "Leased Lot or Leased Lots" shall mean any Lotlocated in the Residential Lot Area which the Declarant shalllease to any Tenant for the purpose of installing and maintaininga Dwelling Unit thereon in accordance with the provisions of this



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Declaration.

1.33 "Light Standard" shall mean those light standards tobe installed on each Lot by the Association in accordance withspecifications to be adopted by the Association from which dusk todawn lighting for swatara Village shall be provided with power

from the Dwelling units installed on such Lot.

1.34 "Lot" shall mean any Vacant Lot or any Improved Lotwithin the Residential Lot Area.

1.35 "Luckenbill Parcel" shall mean those premisescontaining 2.16 acres, more or less, conveyed to the Declarant bydeed from Chester C. Luckenbill, et ux dated June 12, 1985 andrecorded in Deed Book 1360 at page-67~in the Recorder's Office.

1.36 "Manbeck Parcel" shall mean those premisescontaining 110 acres conveyed to the Declarant by deed from

Manbeck Dredging Company dated May 10, 1973 and recorded in DeedBook 1172 at page 917 in the Recorder's Office.

1.37 "Member" or "Members" shall mean and refer to anyOwner, incl~ding the Declarant, as long as the Declarant shallown any interest in the Residential Area, who are therebyentitled to membership in the Association pursuant to theBy-Laws. A Tenant shall not be a Member.

1.38 "1983 Plan" shall mean a subdivision plan withrespect to the Land approved by the Schuylkill County PlanningCommission on october 27, 1983 and recorded in the Recorder's

Office in Map Book 11 at page 16.

1.39 "1986 Plan" shall mean a subdivision plan withrespect to the Land approved by the Schuylkill county PlanningCommission on May 29, 1986 and recorded in the Recorder's Officein Map Book 12 at page lOS.

1.40 "Owner" shall mean and refer to the record owner ofthe equitable and/or legal fee simple title to any Lot, otherthan the Declarant.

1.41 "Parking Area" shall mean that area within the

Common Facility Parcel shown on Exhibit "F" as the "Parking Area"which shall be maintained for non-reserved, nonexclusive parkingby Residents and their guests.

1.42 "Person" shall mean a natural person, corporation,partnership, association, trust, other entity or any combinationthereof.

1.43 "Plan" shall mean the subdivision plan recorded in



Map Book 26 at page 19 in the Recorderls Office by which thesubdivision of the Residential Lot Area was approved by the PineGrove Township Planning commission and the Pine Grove TownshipSupervisors ..

1.44 'Public utilities" shall mean all electricity,telephone, gas, television cable services and any other utility

services other than the Declarant's Utilities which now provideor which may in the future provide services to swatara Village.

1.45 'Purchase Money Mortgagee" shall mean and refer toany seller of a Lot to whom the purchaser of such Lot shall granta first lien purchase money mortgage which encumbers either thelegal or equitable interest, or both, in such Lot.

1.46 "Qualified Resident" or Qualified Residents" shallmean any person fifty-five (55) years of age or older, who shalloccupy or who shall be a member of a household or living groupwhich occupies a Dwelling unit located in swatara village.

1.47 "Recorder's Office" shall mean the Schuylkillcounty Recorder of Deeds Office.

1.48 "Resident or Residents" shall mean all full timeoccupants of a Dwelling Unit located in swatara Village,including Qualified Residents.

1.49 'Residential Lot Area" shall mean that portion ofthe Land which has been subdivided into Lots on the Plan.

1.50 'Residue Parcel· shall mean that portion of the

Land which contains a portion of the Manbeck Parcel, and aportion of the Luckenbill Parcel and all of the Union CanalParcel, and w hich is located South and West of the ResidentialLot Area.

1.51 'Residue Parcel Lic e nse · shall me an the revocablelimite d and conditional right granted to the Residents to use theRe sidue Parc e l in common with the Declarant and the otherResidents for all lawful passive recreational purposesappurtenant to residency in swatara Village not inconsistent withthe use thereof by the Declarant.

1.52 'Rules and Regulations" shall mean and refer to therules and regulations of the Association, se t forth in section 6hereof, and such future rules and regulations as may be adoptedby the Association from time to time.

1.53 "Sewage Collection System· shall mean that centralsewage collection system installed in the Land by which sewage isand shall be transported from the Residential Lot Area and from

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the Commercial Parcels to the Force Main system.

1.54 "Sewage System" shall mean the Sewage CollectionSystem, the Force Main System and the Treatment Plant.

1.55 "Sidewalks" shall mean concrete sidewalks

approximately four (4') feet in width which now adjoin and whichshall in the future be constructed to adjoin the Improvedstreets.

1.56 "Special Assessment" shall mean any assessmentimposed upon the Members by the Board of Directors in accordancewith the By-Laws for the purpose of defraying or paying anyCommon Expense.

1.57 "storm Drainage Swale· shall mean that portion ofthe Land described on Exhibit "E" by which storm water isconveyed from Route 443 to an unnamed tributary of Swatara Creek

as shown on the 1983 Plan.1.58 "Swatara Drive" shall mean that portion of the

street System by which access to the Residential Lot Area isgained from the nearest public thoroughfare.

1.59 "Swatara Drive Easement Agreements" shall mean theCommercial Parcel #1 Easement Agreement and the Commercial Parcel' 2 Easement Agreement.

1.60 ·Swatara Drive Easement Area· shall mean thatportion of Swatara Drive used and maintained by the Owners ofCommercial Parcel #1 and Commercial Parcel #2 in accordance withthe Swatara Drive Easement Agreements.

1.61 "Swatara Village" shall mean the existingresidential community to be further constructed and developed inthe Residential Lot Area as shown on the Plan. Swatara Villageshall not include Commercial Parcel #3, the Residue Parcel or anyportion of the Land other than the Residential Lot Area.

1.62 "Tenant" or Tenants" shall mean any Resident whoshall occupy a Dwelling Unit pursuant to a lease with an owner,including the occupant of a Declarant's Improved Lot, and anyPerson who shall own a Dwelling unit located on a Leased Lot.

1.63 -Township" shall mean Pine Grove Township, a secondclass township located in Schuylkill County, Pennsylvania inwhich the Land is located.

1.64 "Treatment Plant" shall mean the sewage treatmentplant located on the Residue Parcel by which sewage from theResidential Lot Area and the Commercial Parcels is treated.

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1,65 " Tre atme nt Plant Agre e me nt" shall me an thatagre e me nt be tw e e n Mc Donald's Corporation and the De c larant date dApril 16, 1986 and re c orde d in Misc e llane ous Book 245 at page ll8in the Re c orde r's Offic e by w hic h the Ow ne r of c omme rc ial Parc e l#1 is grante d the right to disc harge se w age to the Tre atme nt

Plant.

1. 66 " Union Canal Parc e l" shall me an those pre mise sloc ate d w ithin the pe rime te r of the de sc ription c ontaine d in thede e d for the Manb e c k Parc e l c onve ye d to the De c larant by quitc laim de e d from Re ading Re al Estate date d Oc tob e r 27, 1989,

re c orde d in De e d Book 1437 at page 0052 in the Re c orde r's Offic e .

1.67 " utilitie s- shall-me an the De c larant's utilitie sand any e le c tric , te le phone , or othe r public or private utilityse rvic e provide d to Sw atara Village .

1.68 " utility Building" shall me an that building loc ate don the Common Fac ility Parc e l and ide ntifie d as utility Buildingon Exhibit "F".

1.6Q " Vac ant Lot Common Expe nse Asse ssme nt" shall me anand re fe r to the annual c harge le vie d on, or sum payable in e qualmonthly installme nts by an Ow ne r of e ithe r e quitable or le galtitle to a Vac ant Lot in Sw atara Village , as provide d he re in andin the By-Law s.

1.70 " Wate r Syste m" shall me an the We ll Syste m and theWate r Distribution Syste m.

1.71 " Wate r Distribution Syste m" shall me an the w ate rdistribution syste m loc ate d in the stre e t Syste m and on theCommon Fac ilitie s Parc e l and c e rtain of the Lots through w hic hpotable drinking w ate r is provide d.

1.72 " We ll Syste m" shall me an the de e p w e ll and pumplocated on the Common Fac ility Parc e l and the filtration syste mloc ate d in the Utility Building.

1.73 -Yard Area" shall me an all portions of e ac h Lot,Whic h are not oc c upie d by the Dw e lling Unit or Ac c e ssory Building

e re cte d the re on.

ARTICLE II

PROPERTY SUBJECT TO THIS DECLARATION

Section 2.1 Submission .

The Re side ntial Lot Are a and e ve ry Lot, Dw e lling Unit and Yard



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Area located therein, and the Street System, the Sidewalks, theCommon Facility Parcel, the Common Facilities, the Driveway CommonAreas and the Drainage Swale, are hereby expressly made subject tothis Declaration, under, and shall be, held, transferred, sold,conveyed, leased and occupied, subject to· this Declaration, andall amendments or supplements hereto.

section 2.2 Exclusion from this Declaration .

The Residue Parcel and Commercial Parcel #3, except to theextent expressly provided herein, are expressly excluded from theeffect of this Declaration. Swatara Village shall not include anypart of the Land other than the Residential Lot Area, unlessexpressly further subjected to this Declaration by supplementalwritten instrument which shall make specific reference to thisDeclaration and which shall be recorded in the Recorder's Office.

ARTICLE III

EASEMENT RIGHTS IN SWATARA VILLAGE

GRANTED TO OWNERS AND RESIDENTS

section .3.1 Owners and Residents Easements in CommonAreas and Community Bu~ld~ng.

Every OWner and Resident shall have:

Ca) a perpetual and non-exclusive easement in, over,and through the Street System, the Sidewalks and the Parking Area,and the right to use and enjoy the same together with the right to

use and enjoy the community Building.

(b) A perpetual, non-exclusive easement for purposes ofingress and egress to such OWner's or Resident's Lot, Yard Area orDwelling unit and in, upon, under, over, across and through thestreet system and the Sidewalks, until such time as the StreetSystem shall be dedicated and accepted by to the Township, atwhich time, the rights of the Owners and the Residents in thestreet System shall merge in and arise from such dedication topublic use.

(e) A perpetual, non-exclusive easement to receiveservice from the Sewage System, the Water System, and all gas,electric and telephone lines, pipes, mains, conduits, cables,poles, systems and transformers, and television cable facilities,and any other appurtenances, equipment and machinery necessary orincidental to the proper servicing and functioning of theUtilities which serves such Owner's or Resident's Dwelling Unitand which are located in any portion of the Residential Lot Area.

(d) A perpetual and non-exclusive easement, in common



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with the owner of Commercial Parcel #3, in, upon, over, under,across and through the street System and the storm Drainage Swalefor surface water runoff and drainage caused by natural forces andthe elements, provided that no Owner or Resident shall directly orindirectly interfere with or alter the drainage run-off patternsand systems within Residential Lot Area.

Section 3.2Common Areas.

Easements Granted to Residents in Driveway

Each Re:sident shall have an easement in the street systemappurtenant to such Residential Lot, to use and enjoy the DrivewayCommon Area with respect to such Lot, which shall be an easementin common with other Owners and Residents to the extent that suchDriveway Common Area and the Sidewalks intersect, but whichotherwise shall be exclusive to the Owner and Resident of suchLot. The easement of each Owner and Resident in the DrivewayCommon Areas shall be subject to the obligation of the Resident

and Owner to maintain such Driveway Common Area, and shall beotherwise subject to this Declaration and the Rules andRegulations.

Section.3.3 Residue Parcel License .

Subject to the provisions of this Declaration, the Articles ofIncorporation, By-Laws and any Rules and Regulations of theAssociation, every Owner and every Resident shall have the rightin common with each other Owner and Resident to enter and use theResidue Parcel for passive recreation purposes appurtenant to theuse and occupancy of swatara Village, and not inconsistent with

the use of the Residue Parcel by the Declarant or its successorsfor any other lawful purpose, whether or not appurtenant to theuse and operation of Swatara Village, including the operation ofthe Force Main System and the Treatment Plant. The Residue ParcelLicense shall be revocable upon written notice of the revocationthereof executed by the Declarant or its successors provided toeach Owner and Resident and recorded in the Recorder's Officeprovided to each owner and Resident.

Section 3.4 Rights of Tenants and Residents who arenot Members; Rights of Guests of Tenants and Residents.

All guests of any Resident who is present in Swatara Village,and the invitees of such Resident shall be entitled to enjoy therights described in this Section during such authorized visit as alicense, however, and not as an easement. Any suspension of theright of an Owner or Resident for either non-payment of any CommonExpense Assessment or Special Assessment, or for breach of theRules and Regulations of the Association shall likewise suspendthe right of any Person who is a guest or invitee of suchsuspended Owner or Resident.



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Section 3.5 Owner's Right to Encumber Easement Rights .

Each Owner or Owners shall have the right to mortgage suchOwner or OWner's Lot and Dwelling Unit, and any such mortgageshall, if it shall so provide, effectively encumber the interestof the Owner or Owners in the easements and rights created herein.

Section 3.6 Limitation on Easement Rights .

No single Resident or group of Residents shall have the rightto interfere with the peaceful enjoyment, use and occupancy of theCommon Facilities by any other Resident or group of Residents.Nothing herein contained shall be construed to create any easementor right of any Member or OWner to use, occupy or pass over orthrough the Yard Area of any other Member or Owner except for thelimited purposes expressly set forth herein.

section 3.7 Effect of Rules and Regulations; Right toSuspend for Non-Compliance.

The rights granted in this section shall be subject to thisDeclaration.and to the right of the Association, as provided inthe By-Laws and this Declaration, to promulgate Rules andRegulations for the use and enjoyment of the Common Facilities andto suspend the enjoyment and use of the Common Facilities andvoting rights of any Member, for any period during which anyCommon Expense Assessment or Special Assessment remains unpaid, orfor any period during which an infraction of its published Rulesand Regulations continues.

ARTICLE IV

EASEMENT RIGHTS IN SWATARA VILLAGERESERVED TO DECLARANT AND OTHERS.

Section 4.1

Declarant.Easements Reserved to Association and

The Association and its representatives shall have:

(a) The right of access to each Dwelling unit, AccessoryBuilding and Yard Area, upon request to the Resident thereof, forthe purpose of inspecting the same in order to correct anyconditions threatening any other Dwelling Unit, or violating any·provisions set forth in this Declaration, the By-Laws and theRules and Regulations, provided that any request for entry is madein advance and that such entry is at a reasonable time convenientto the Resident. In the case of an emergency, such right of entryshall be immediate whether the Resident is present at that time ornot.



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(b) A perpetual and non-exclusive easement in, over andunder each Lot Yard Area for the purpose of cutting grass, weedsand brush on such Lot and Yard Area and for the purpose ofmaintaining such area in grass, shrubbery, or other plantingconsistent with the overall landscaping in swatara village if the

Owner or Resident shall fail to do so.

(c) A perpetual and non-exclusive easement in, over andunder each Yard Area for the purpose of installing, maintaining,repairing and replacing the Light Standards.

(d) A perpetual and non-exclusive easement for thepurpose of removing any structure ,or object which violates theprovisions of this Declaration or the Rules and Regulations.

(e) A perpetual and non-exclusive easement in, under andover each Lot for the purpose of correcting any condition or

malfunction in any lateral or other connection to the Declarant'sutilities if the Owner or Resident of such Lot shall fail to doso.

Section 4.2 Easements Reserved to Permit Installation,Maintenance, Repair and Replacement of Utilities.

The Declarant and any successor of the Declarant which succeedsto its ownership of the Declarant's utilities, including theAssociation and or the Township or its agencies, and any Publicutility to whom the Declarant or its predecessors shall havegranted easement rights in the Land, shall have a blanket and

nonexclusive right of way and easement in, upon, over, under,across and through the Lots, the Street System, the Sidewalks andthe Common Facility Parcel, for the purposes of reading meters andthe operation, installation, maintenance, drilling, repair,changing the size of or replacement of all appurtenances,equipment or machinery necessary and incidental to the properfunctioning of the Sewage System and Water Distribution System orany other utility serving Swatara Village or any portion thereof,and any improvements thereto. Provided, however, the foregoingrights of way and easements shall not materially interfere withthe use of any Dwelling Unit or Yard Area, or other surface use ofthe Residential Lot Area by the Residents. Upon the exercise ofany rights hereunder, any disturbance to the surface of the Land,shall be restored as nearly as is practical, to the conditionwhich existed prior to such disturbance.

Section 4.3 Easements in Favor of Mortgagees •

Any Institutional Le nde r or Purc hase Mone y Mortgage e shallhave a blanket, perpetual and non-exclusive easement to enter eachLot for the purposes of inspecting the condition of a Dwelling



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Unit or Accessory Building encumbered by its mortgage and/orrepairing the same. This right shall be exercised only duringreasonable daylight hours, and then, whenever practicable, onlyafter advance notice to, and with the permission of, theAssociation.

section 4.4 Easement Created to Permit Access by Municipaland Emergency Services.

A perpetual, nonexclusive easement of unobstructed ingress andegress in, upon, over, across and through the Residential Lot Areaand the Residue Parcel, is hereby established for the benefit ofthe Township and the Association and their respective officers,agents and employees including, but not limited to, policemen,firemen and ambulance personnel and other emergency assistancepersonnel for the proper performance of their respective duties.

section 4.5 Additional Easements .

Should the Declarant or any successor utility company whichoperates the water System, the Sewer System or any other of theUtilities, or the Township, request a specific easement by aseparate recordable instrument in connection with the furnishingof any service to Swatara Village, the Board of Directors shallhave the right to grant such easement, without consideration,provided it does not materially impair the rights of any Owner andregardless of whether or not the Declarant or any of itsprincipals own a beneficial interest in the grantees of sucheasement.

ARTICLE V

DUTY OF ASSOCIATION TO MAINTAIN COMMON FACILITIES

section 5.1 Title to the Street Srstem and sidewalks;Conve¥ance to the Association; Duty to Ma~ntain street Systemand S~dewalks and Common Facilities.

The Association shall be responsible for the maintenance andrepair of the Improved Streets and the Sidewalks. Following thecompletion of the streets in the street System or Improved

Streets, and following completion of the Sidewalks, the Declarantshall convey legal title to the street System and the Sidewalks tothe Association. The conveyance of the Improved streets and theSidewalks to the Association shall be subject to a covenant by theAssociation to maintain the same in good order, and to providesnow plowing for the Street System, and to repair and to operatethe same in accordance with this Declaration. This section shallnot be subject to any amendment which attempts to reduce oreliminate the obligation for maintenance and repair of the Street



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System or the Sidewalks.

section 5.2Association.

Maintenance of Common Facilities by the

The Association shall, in addition to the maintenance of the

Improved Streets and the Sidewalks, maintain or cause to bemaintained the Community Building and the other Common Facilitiesin accordance with, and subject to, the provisions of the By-Lawsand the Rules and Regulations of the Association. The Associationshall install, maintain, repair and replace the Light Standards,and the light bulbs required thereby.

section 5.3 other Services to be Provided by Association

The Association shall provide trash removal service to theImproved Lots, the cost of which shall be a Common Expense. TheAssociation shall provide such other services to the Owners and

Residents as the Board of Directors may from time to time approvein accordance with the By-Laws.

Section 5.4 Exclusions •

Neither the Declarant nor the Association shall have anyobl.iqation to provide any service to swatara village, or theowners or Residents, unless expressly provided herein or approvedby the Board of Directors in accordance with the By-Laws andrecorded in the minutes of the Association. Nothing hereincontained shall be construed to impose any duty on the Declarantor the Association to maintain, supervise, or be responsible to

any extent whatsoever for any portion of any Lot, following thesale or conveyance thereof as a Lot by the Declarant to any Owner,including the repair or replacement of any connection to theDeclarant's utilities located within the property lines of theLot, and including lawn care and week or brush cutting. The costof such repair, maintenance or Lot care shall be assessed againstthe OWner or Resident if the Owner or Resident shall fail toperform those obligations, and the Association shall, in thatevent, be required to do so.

ARTICLE VI

RESTRICTIONS ON THE USE AND OCCUPANCY OF SWATARA VILLAGE

section 6.1 Imposition of Restrictions •

In order to preserve the character of swatara Village and forthe protection of the value of Swatara village, and all DwellingUnits, Yard Areas, and Common Areas therein, Declarant herebydeclares that Swatara Village and all Residents of SwataraVillage, shall be subject to the following Rules and Regulations,



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in addition to all current covenants, easements and restrictionsof record, all of which shall be perpetual in nature and run withthe land:

Section 6.2 Restrictions R.e:General Use .

(a) No Resident shall do work or conduct any activity inswatara Village which would affect or alter the residentialcharacter of Swatara Village or jeopardize the soundness orsafety of another Dwelling unit or any Common.Facility, or whichwould impair any easement, or encroach upon any Yard Area orCommon Area.

(b) No obnoxious or offensive activities shall be_carried on,in, or upon swatara Village, or in any Dwelling Unit, Yard Area orCommon Areas which may be or may become an annoyance or nuisanceto any other Resident or interfere with the peaceful possession,rights, comforts, or conveniences and proper use of swatara

Village by its other Residents.

(e) No Resident shall make or permit any disturbing noises tobe made in the Village, nor shall any Resident do or permitanything to be done that will interfere with the rights, comforts,or conveniences of other Residents or Owners. No Resident shallplay or permit to be played any musical instrument, phonograph,television, or radio within swatara Village that may disturb orannoy other Residents of swatara Village.

(d) There shall be no obstruction of access to the CommonAreas in and through the street System or the Sidewalks or Common

Facility Parcel.

(e) No pets shall be permitted in swatara Village except inaccordance with a policy adopted by the Association.

(f) Light standards shall be supplied with all requiredelectrical power .from the Dwelling unit located on the Lot onwhich the Light Standard is installed to provide fifty (50) wattsof dusk to dawn lighting from each Improved Lot, at the expense ofthe Owner or the Resident of the Dwelling Unit.

(g) No fences shall be erected on any Lot anywhere withinSwatara Village without written approval of the Association.

(n) No signs, except those describing or locating theCommon Areas, streets in the street System, and normal realestate company sales and rental signs shall be permitted withinSwatara Village or any Yard Area, or on any Dwelling unit orAccessory Building.

section 6.3 Restrictions Re: structure and Location of



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Dwelling Units and Accessory Building; Grade of Lots.

(a) All Dwelling Units shall be manufactured housing unitsconsisting of partially assembled components, pre-constructed ~naccordance with the BOCA codes, and shall be mounted on apermanent foundation. All Dwelling Units shall be capable of

disassembly and removal for purposes of re-assembly at adifferent location.

(b) No Dwelling Unit shall contain more than one (1) story,and in no event shall be higher than nineteen (1.9)feet above thegrade at its foundation wall without the written consent of theAssociation.

(c) All Dwelling units shall maintain side yards of not lessthan five (5') feet, a rear yard of not less than twenty (20/)

feet and a front yard of not less than twenty-five (25').

(d) No Accessory Building shall be installed on any LotWhich is not also occupied by a Dwelling unit.

(e) All Accessory Buildings shall maintain side yards of notless than fiVe (5') feet, a rear yard of not less than five (5')feet and a front yard of not less than twenty-five (25') feet.

(f) All futUre Driveway Common Areas shall be installed inaccordance with specifications to be adopted by the Association.

(q) No Owner, Resident or any other Person shall do anythingto change the exterior appearance of any Dwelling unit or

Accessory Building or the appearance of any Yard Area without theprior written consent of the Association. Such changes shallinclude, but not be limited to changing the color or style of thebrick, roof, roof shingles, windows, window frames, doors,concrete, railings or exterior paint or stain, or replacingawnings, shades or draperies on outside patios and balconies.

(h) Dwelling Units and Yard Areas shall be used only andsolely and exclusively for residential purposes, and no Owner orResident shall engage in, or permit any other person to beengaged in any business, profession, trade or craft in or on anyLot or on any Common Area without the express written consent of

the Association.

(i) No owner, Resident or any other Person shall build, plantor maintain any matter or thing upon, in, over, or under anyDwelling unit or any Yard Area or the Common Areas, without theprior written consent of the Association, except that a Residentmay plant flowers, trees, shrubbery and gardens within his YardArea in accordance with landscape plans for swatara villageoverall approved by the Association.





of the Association, place or allow to be placed any stand, booth,sign, showcase, or device on or in any part of any Lot or CommonArea.

"(p) Residents shall keep the Dwelling Units and his or herindividual unit together with all Accessory Buildings in a good

state of repair.

section 6.4 Restrictions Re: Lot Grade, Landscaping andLawn Maintenance of Yard Areas.

(a) No fill other than top soil and foundation backfillmaterial shall be placed on any Lot. No fill material placed onany Lot shall direct or increase the flow of storm water to anyadjoining Lot or which would fail to comply with the provisionsfor storm water management on the 1983 Plan.

(b) All Yard Areas not landscaped in accordance with anylandscaping plan contained in the Rules and Regulations shall bemaintained in grass.

(e) All grass, weeds and brush on all Lots, including VacantLots, shall be cut so that a growth height of four (4") inches orless shall be maintained at all times.

,Section 6. 5 Restrictions Re: Age of Residents .

(a) No Dwelling Unit shall be occupied by a minor child orchildren (under 18 years of age) for any period of time in excessof 30 days during any six (6) month period without the priorconsent of the Association.

(b) Eighty (80%) or more of the Dwelling units shall beoccupied only by living groups in which one of the Residentsshall be a Qualified Resident. Provided, however, that in theevent of the death or permanent or long term absence of the onlyor last remaining Qualified Resident in any Dwelling Unit, forreasons beyond the control of such Qualified Resident, theAssociation may, upon request, suspend this requirement for aperiod or periods of time, reasonable under the circumstances, topermit the Owner to dispose of or lease or rent the DwellingUnit.

Section 6.6 Vehicle Restrictions •

Ca) No commercial vehicles may be parked overnight andno boats, trailers, campers, motor homes or trucks having a grossweight in excess of eight thousand (8,000) pounds may be parkedon any part of Swatara Village, or in any Yard Area without theprior written consent of the Association, except those vehiclestemporarily on a Lot for purposes of serving the Dwelling Units

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located therein. No part of any Yard Area shall be used forunenclosed outside storage, covered or otherwise.

(c) All motor vehicles shall be parked within a driveway ina Lot, and not in any Driveway Common Areas, or in designatedspaces, in Common Areas.

(d) No unlicensed motor vehicles shall be parked within theVillage without the express written consent of the Association.

(e) No vehicle shall be operated within swatara Village at aspeed in excess of 15 miles per hour, and all Resident's guests,employees and invitees shall abide by all traffic control signsand devices.

(f) No owner or Resident shall wash, service or repair amotor vehicle in any Common Area, except in an area asAssociation may designate.

(g) No Owner or Resident who shall wash a vehicle on any Lotor Driveway Common Area shall use any soap or detergent, or anysubstance other than water taken from the Water DistributionSystem.

(h) The use of chemical snow melters on concrete surfaces ofSidewalks, Improved streets and Driveway Common Areas is notpermitted during the first two (2) winter seasons followinginstallation.

Section 6.7 Restrictions Re: Refuse Disposal •

(a) Each Owner and Resident shall keep such Owner's andResident's Yard Area clean and free from all debris or otherrefuse.

(b) All garbage and refuse must be kept in approved garbagecontainers approved by the Association and all containers shallbe kept in the rear or side Yard Area against the Dwelling unitand shall be disposed of at such times and such plac~s and insuch manner as the Association shall direct.

(e) No ash cans, garbage cans, garbage bags, wood boxes,

firewood, kitchen supplies, ice or other articles will be placedoutside of the Resident's Dwelling Unit, except in such places orlocations as designated by the Association.

section 6.8 Duty to Maintain Connections to Declarant'sutilities~ Restrictions and Prohibited Discharge to Sewer SystemDuty of Owner to Maintain Utilities within Lot.

(a) As long as Declarant's utilities are operated for the



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benefit of the Residents of swatara Village, by the Declarant, orits successors, no septic or other on-site sewage disposal systemshall be installed on any Lot, and no water well shall be drilledon any Lot, except wells for ground source heat pumps, withoutprior written consent of the Association, and the Owners andResidents shall be bound by the rules, regulations and rateslawfully promulgated and adopted by the Declarant with respect tothe Declarant's utilities, including provisions of Article 7hereof.

(b) No Resident shall flush clothes, draperies, rags, hardpapers, sanitary napkins, or tampons (including theircontainers), or any substance other than domestic waste water,down any toilet or otherwise introduce such substance into theSewage System. Any damage resulting from such action by Residentwill be charged to such Resident and/or Owner.

(c) Each Owner and Resident shall be responsible for theinstallation, maintenance, repair and replacement of all pipes,valves, drain connections and other facilities installed orrequired to be installed within the property line of each Lot, toconnect each Dwelling Unit of such Owner or Resident to the WaterSystem and the Sewer System, including elimination of blockage.

Section 6.9 Restrictions Re: Residue Parcel .

(a) No Owner or Resident shall operate or permit to beoperated any all terrain vehicle, dirt bike or other motorizedvehicle in or on the Residue Parcel.

(b) Neither hunting or the discharging of firearms, norovernight camping shall be permitted on the Residue Parcel by anyOwner or Resident, or by any guest of any Owner or Resident.

Section 6.10 Additional Amendments; Enforcement .

(a) The Association shall have the power to make such otherRules and Regulations as may be necessary to carry out the intentof the Declaration and these Rules and Regulations, and theAssociation shall have the right to bring lawsuits to enforce thesame. The Association shall further have the right to levy fines

for violation of such Rules and Regulations, or this Declaration,provided that the fine for any single violation may not, underany circumstances, exceed $~O.OO. For each day a violationcontinues after notice, it shall be considered a separateviolation. Any fines so levied against the particular Owner orResident involved and collection may be enforced by theAssociation in the same manner as the Association is entitled toenforce collection of any other assessments. Fines may be leviedagainst a Tenant and the Owner jointly, and each Owner shall beseverally liable with his Tenant for the payment of the same. In



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the event the Association institutes legal action for collectionof any fines and is successful, the defendant(s) shall beresponsible for payment of reasonable attorney's fee to theAssociation plus interests and costs of suit.

(b) By acceptance of a deed for a Lot, each owner does, tothe extent permitted by law, hereby irrevocably authorize andempower the Association or any attorney, acting on behalf of theAssociation, to appear as attorney for such Owner in any Court ofCommon Pleas of the Commonwealth of Pennsylvania, and in the nameor names of such Owner, as the Owner or Owners' attorney-in-fact,and on one or more occasions, to commence an amicable action andto consent to entry of a judgment therein, limited, however, ineffect and enforcement to such Owner or Owners' Lot or DwellingUnit, in the amount of all sums due to the Association under thissection. If the Association or any attorney acting for it, andacting as the attorney-in-fact for the Owner or Owners, shallcommence an action and enter a judgment in accordance with thisSection, such attorney may, in such action, incorporate thissection by reference to the place in the Recorder's Office wherethis Declaration shall be recorded, which reference shall beconclusive evidence of the authority herein granted.

ARTICLE VII

USE AND OPERATION OF WATER SYSTEM AND SEWER SYSTEM

section 7.1 Operation of Declarant's utilities;Maintenance of Declarant's utilities by Association UponConveyance to Association; Rights of Declarant to CompelMaintenance of Declarant's Utilities.

Unless and until the Declarant shall convey either or both ofthe water system and the Sewer System to the Association or anyother third party, the Declarant shall operate the Declarant'sutilities for the benefit of Swatara Village. If the Associationshall acquire either the Water System or the Sewer System fromthe Declarant, the Association shall have the responsibility ofmaintaining and repairing whichever of the Declarant's Utilitieswhich it shall in that event own. In the event the Associationfails or neglects to maintain and repair that portion of theDeclarant/s utilities for which it is responsible, as hereinprovided, or in the event the Declarant, in its sole and absolutediscretion, determines that any portion of the Declarant'sUtilities is in need of repair, replacement or maintenance, thenin either event, if the Declarant shall then own any of the Lots,the Declarant, in order to preserve the benefit of theDeclarant/s Utilities to the Lots which the Declarant shall thenown, shall upon reasonable notice to the Association, have theright to make such repairs or perform such maintenance and torestore the surface of such ground to its original condition and



thereafter charge, at current the commercial rates, the costthereof to the Association. In that event, the Association shallreimburse the Declarant for the cost of such repairs andmaintenance, together with interest at the rate of 10%, ifpayment is not received by the Declarant within 30 days ofbilling.

Section 7.2 Discontinuance of Service of Liabilitiesto Perform Repairs.

The Declarant or the Association, as the case may be, shallhave the right temporarily to stop the service of either theWater System or the Sewer System to the Dwelling units, theCommon Facilities or any of them, in the event of an accident ormalfunction, or as required by routine maintenance, in order torepair or maintain the Declarant's utilities. The Associationshall have no liability to any Owner or Resident for failure tosupply service from the Declarant's utilities during suchperiods.

section 7.3 Discontinuance of Service for Non-Payment .

In the event that all applicable charges and fees forservice provided by the Declarant's utilities to any DwellingUnit are not paid on the date when due then, in such event, theDeclarant or the Association, as the case may be, in addition toall other rights and remedies provided herein or otherwiseavailable at law, shall have the right to discontinue service tosuch Dwelling Unit, until such time as all past due water andsewer charges and fees have been paid in full.

Section 7.4 Entry of In Rem Judgment for the UnpaidWater and Sewer Charges.

By acceptance of a deed for a Lot, each Owner does, to theextent permitted by law, hereby irrevocably authorize and empowerthe Declarant or the then owner of the Declarant's Utilities, orany attorney, acting on behalf of the Declarant or its successor,to appear as attorney for such Owner in any court of Common Pleasof the Commonwealth of Pennsylvania, and in the name or names ofsuch OWner, as the OWner or Owners' attorney-in-fact, and on one

or more occasions, to commence an amicable action and to consentto entry of a judgment therein, limited, however, in effect andenforcement to such Owner or Owners' Lot or Dwelling Unit, in theamount of all sums due to the owner of the Declarant's Utilities.If the owner of the Declarant's utilities, or any attorney actingfor it, and acting as the attorney-in-fact for the Owner orowners, shall commence an action and enter a judgment inaccordance with this Section, such attorney may, in such action,incorporate this section by reference to the place in theRecorder's Office where this Declaration shall be recorded, which

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reference shall be conclusive evidence of the authority hereingranted.

section 7.5 Liens for Declarant's Utilities to havestatus Equivalent to Municipal Liens.

The Declarant intends, and so provides that the priority ofany lien obtained against the interest of any Owner in any Lot inaccordance with Section 7.4 shall have, with respect to the lienof any mortgage granted or judgment suffered by such Owner or thesuccessors of such Owner, including mortgages in favor of anyPurchase Money Mortgagee or Institutional Lender, the samepriority in time, and in right of payment, that such lien wouldhave if the Declarant or the Association were a Eunicipalutility, and if such lien were obtained in accordance with thestatutes of the Commonwealth of Pennsylvania providing for thefiling of liens for the collection of municipal claims.

section 7.6 Non-Waiver of Remedies .

The failure of the Declarant or the Association to exerciseany rights under the provisions of this Article 7, any otherArticle of this Declaration or applicable law, or anyone or moreoccasions shall not be construed as a waiver thereof on anysubsequent occasion and recourse to anyone or more remediesgranted by this Article 7 or any other Article of thisDeclaration or applicable law, shall not be deemed a waiver of ora bar to any other remedy or remedies, including but not limitedto the right to commence suit against an owner or Resident, orthe Association, for collection of unpaid water and sanitary

sewer service charges or fees for services provided by theDeclarant's utilities, it being the intent that all such remediesshall be cumulative and not exclusive.

ARTICLE VIII

ASSESSMENTS

section 8.1 General; Common Expenses to be Fgid byCommon Expense Assessments; Assessments for Vacant Lots andAssessments for Improved Lots .

The Declarant intends that the cost of operating andmaintaining the Common Facilities, and the cost of administeringand enforcing this Declaration, as well as the cost of providingsuch additional services as the Association may offer to theOWners and Residents of Swatara Village shall be paid from CommonExpense Assessments imposed on each Lot, including Declarant'sImproved Lots, but not including any other Lots owned by theDeclarant. The Declarant further intends, in recognition of therequirement for, and consumption of, Association services by the



Residents, and the greater extent to which services provided by

the Association shall benefit Improved Lots, beyond the benefitprovided to Vacant Lots, that there shall be two (2) categoriesof.C9~on Expense Assessments, one of which shall be assessedagainst Vacant Lots, and one of which shall be assessed againstImproved Lots.

Section 8.2 categories of Common Expenses .

The Common Expense Assessments levied by the Associationshall be used exclusively for promoting the health, safety,pleasure and welfare of the Owners and the Residents, and for thecosts and expenses incident to the operation of the Associationand swatara Village, including the interior and exteriormaintenance and repair of the Community Building, andlandscaping, lawn mowing, maintenance, trash removal and snowremoval from the Common Areas, and for the maintenance and repairof the storm Drainage Swale and for the performance of theswatara Drive Easement Agreements, and for the the purchase,installation, maintenance, repair and replacement of LightStandards, and for the the payment of all real estate taxes onthe street System, the Sidewalks, the Common Facility Parcel, theCommunity Building, and for the payment of insurance premiums asprovided in Article 9 hereof and all other costs and expensesincidental to the operation and administration of theAssociation, its facilities and services, including the expenseof a Community Manager employed pursuant to the By-Laws, andincluding reasonable reserves and sinking funds and such expensesas the Board of Directors of the Association shall determine tobe Common Expenses from time to time.

section 8..Assessments.

Determination of vacant Lot Common Expense

At its initial meeting, and thereafter annually, the Board ofDirectors shall determine the annual Vacant Lot Common ExpenseAssessment for the ensuing year.. Each Member shall be personallyliable for the vacant Lot Common Expense Assessment attributableto each Vacant Lot which Such Member shall own ..

Section 8..

Assessments.

Determination of Improved Lot Common Expense

At its initial meeting, and annually thereafter, the Board ofDirectors shall determine, by its informed best estimate, theamounts sufficient to cover all Common Expenses of theAssociation as specified in Section 8.2 hereof and in the mannerspecified in the By-Laws. Each Improved Lot, includingDeclarant's Improved Lots, shall be liable for one equal share ofthe total amount assessed and to be collected as the Vacant LotCommon Expense Assessments in such year. Each Member shall be

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personally liable for the Improved Lot Common Expense Assessmentattributable to such Improved Lot. Each Improved Lot CommonExpense Assessment shall be due and collectible from everyMember, other than the Declarant, who owns an Improved Lot.

section 8.5 Special Assessments .

In addition to the annual Improved Lot Common ExpenseAssessment and the Vacant Lot Common Expense Assessmentauthorized by this Article, the Board of Directors may levy, inany assessment year, a Special Assessment, applicable to thatyear only, for the purpose of defraying, in whole or in part, thecost of any construction, reconstruction, unexpected repair orreplacement of any Common Facility or Common Area or any part -thereof, or for any other lawful Common Expense not paid byannual Common Expense Assessments. Any such special Assessmentshall be apportioned equally among Improved Lots including

Declarant's Improved Lots and Vacant Lots, including Vacant Lotsowned by the Declarant. No Special Assessment shall beenforceable unless it shall have been approved by two-thirds(2/3) of all the Members eligible to vote at a duly calledspecial meeting of the Association for this purpose.

SectionS.6. ..Common Expense Assessments and SpecialAssessments to be Payable in MonthlyPayments~

All Improved Lot Common Expense Assess~ents and Vacant LotCommon Expense Assessments shall be payable in twelve (12) equalmonthly installments, and shall be due and payable in advance on

the first day of each month. Special Assessments shall be dueand payable in ~ne or more monthly payments, in advance, on thefirst day of each month, as determined by the Board of Directors.

section S.7 Pro-Rata Lien for Real Estate Taxes on EachMembers' Right to Use Common Facilities.

All real estate taxing authorities are hereby granted acontinuing lien against each Dwelling unit and Lot forthe pro rata (ratio of assessment of each Lot and Dwelling Unit tototal assessment of street System, Sidewalks, community Buildingand storm Drainage Swale) share of all real estate taxes, if any

due and payable by the Association for real estate taxes assessedagainst the Street System, the Sidewalks, the community Buildingand the storm Drainage Swale.

section s. sMortgages.

The lien of Common Expense Assessments shall be subordinate toany lien for past due and unpaid real estate taxes, and to thefirst mortgage lien of any Institutional Lender or Purchase Money

Subordination of Lien to Taxes and Certain



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Mortgagee now or hereafter placed upon any Lot. Provided, however,that such subordination shall apply to Common Expense Assessmentswhich have become due and payable after the recordation of suchmortgage, and prior to the sale or transfer of such Lot pursuant toa judicial sale. Such sale or transfer shall not relieve any suchLot from liability for any Common Expense Assessment thereafterbecoming due, or from the lien of any subsequent Common ExpenseAssessment or Special Assessment.

If an Institutiona.lLender, Purchase Money Mortgagee or anyother purchaser of a Lot obtains title to such Lot as a result of ajudicial sale on a first mortgage, such acquirer of title, itssuccessors and assigns, shall not be liable for the Common ExpenseAssessment pertaining to such Lot or chargeable to the formerMember owner thereof which became due prior to the acquisition oftitle as a result of judicial sale. Such unpaid sums shall bedeemed to be an Association expense collectible from all theremaining Members, including such acguirer and such acquirer'ssuccessors and assigns.

Section 8.9 Acceptance of Deed as Covenant to Pay CommonExpense Assessments.

Each OWner, other than the Declarant, except to the extent ofth~ Declarant's Improved Lots, by virtue of the acceptance of adeed for a Lot from the Declarant or its successors, covenantsand agrees to pay Common Expense Assessments and SpecialAssessments to the Association to be used to pay all CommonExpenses. No Member may waive or otherwise avoid liability forthe Common Expense Assessments or Special Assessments by thenon-use of such Member's Lot or Dwelling unit or the streetsystem, the Common Areas or otherwise. Any Owner who hereafterenters into an agreement of sale for such OWner's Lot shallremain liable for the Common Expense Assessment attributable tosuch OWner's Lot until the actual conveyance of the legal andequitable fee simple title of such Lot to the purchaser thereof.

Section 8.10 Lien for Common Expense Assessments; AmicableAction to Crea.teRecord Lien in Rem for Common ExpenseAssessments.

Each Vacant Lot Common Expense Assessment or Improved LotCommon Expense Assessment, together with any interest or latecharges thereon, and cost of collection thereof (including, butnot limited to, reasonable attorneys' fees) shall be a continuinglien upon the Improved Lot or Vacant Lots against which suchCommon Expense Assessment is made, and shall also be the personalobligation of the Owner who owns such Lot at the time the CommonExpense Assessment is due.

Each owner, to the extent permitted by law, does hereby



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irrevocably authorize and empower the Association or anyattorney, acting on behalf of the Association, to appear asattorney for such Owner in any Court of Common Pleas of theCommonwealth of Pennsylvania, and in the name or names of suchOwner, as the Owner's attorney-in-fact, and on one or more

occasions, to commence an amicable action and to consent to entryof a judgment therein, limited, however, in effect andenforcement to such Owner or Owners' Lot or Dwelling Unit, in theamount of all sums due to the Association under this section. Ifthe Association· or any attorney acting for it, and acting as theattorney-in-fact for the Owner or Owners, shall commence anaction and enter a judgment in accordance with this section, suchattorney may, in such action, incorporate this section byreference to the place in the Recorder's Office where thisDeclaration shall be recorded, which reference shall beconclusive evidence of the authority herein granted.

Liens for unpaid Common Expense Assessments or unpaidAssessments may be executed upon by suit brought in the name of theAssociation in the same manner as the foreclosure of a mortgage onreal property_ In addition thereto, suits to recover a moneyjudgment for an unpaid common Expense Assessments or specialAssessments may be maintained against the Resident and Owner of theLot as of the effective date of the Common Expense Assessments orSpecial Assessments, or against all subsequent Owners thereof,except as otherwise provided herein, without waiving the liensecuring the same.

Section 8.11 Interest and Counsel Fees .

The Board of Directors, at its option, shall have the rightin connection with the collection of any Common Expense Assess-ment, Special Assessment or any other charge, to impose a late fee,or an interest charge at the legal maximum rate if such payment ismade after the due date thereof. In any proceeding in connectionwith the collection of any Common Expense Assessment or SpecialAssessment Association shall also be entitled to recover the costsof such proceeding and reasonable attorney's fees.

section 8.12 Liability of Declarant for Improved Lot CommonExpense Assessment on Declarant's Improved Lots and Special

Assessments; Liability of Declarant for any Common ExpenseAssessment on on any other Lots.

The Declarant shall be liable for Improved Lot Common Expenseon Declarant's Improved Lots, if any, and for Special Assessments,on all Declarant's Improved Lots and any Vacant Lots owned by theDeclarant. The Declarant shall not otherwise be liable orresponsible for the payment of any Common Expense Assessment withrespect to all or any portion of any Lot.



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ARTICLE IX

INSURANCE

section 9.1 Insurance to be Maintained by the Association .

(a) Property insurance insuring against fire, extendedcoverage perils and all risks of physical loss commonly insuredagainst covering the Community Building and the utility Buildingand any other insurable interest of the Association in the CommonFacilities, shall be maintained by the Association. The totalamount of insurance, after application of any deductibles, shallbe 100% of the replacement costs of the insured propertyexclusive of land, foundations, excavations, and other itemsnormally excluded from property policies. Such insurance is toafford protection against at least the following: (i) Loss ordamage by fire and other hazards covered by the standard extended

coverage endorsement, debris removal, cost of demolition,vandalism, malicious mischief, wind, storm, and water damage; and(ii) such other risks as shall customarily be covered withrespect to similar improvements in projects or communitiessimilar in construction, location and use. Such insurance shallname the Association in its own right, and for the benefit ofthe Members and the Declarant, as their interests shall appear.

(b) Comprehensive general liability insurance, includingmedical payments insurance, in an amount determined by the Boardof Directors covering all occurrences commonly insured againstfor death, bodily injury and property damage arising out of or in

connection with the use, ownership or maintenance of theSidewalks, the Street system, the community Building, the ParkingAreas, the Drainage Swale and the residue Parcel. Such insuranceshall be for the benefit of the Association.

Cc) Workmen's compensation Insurance and employees liabilityinsurance as required by law, for the benefit of the Association.

(d) Such other insurance as the Board of Directors deemsappropriate to protect the Association, the Members the Owners,and the interest of the Declarant required to be insuredhereunder.

section 9.2 Contents of Insurance Policies .

Insurance policies carried pursuant to section 9.1 mustprovide that:

(a) The insurer waives its right of subrogation underthe policy against any Owner, Member, or member of a Member'shousehold but not against the tenants, guests, invitees orlicensees of a Member.



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(b) No act or omission by any Owners or Members, unlessacting within such Member's scope of authority on behalf of theAssociation, will void this policy or be a condition to recoveryunder this policy.

(c) The Association and the Declarant, and not theMembers, as individuals, shall have the sale right to adjustclaims under any of the foregoing policies.

(d) The insurance may not be cancelled unti-l thirty(30) days notice of the proposed cancellation has been mailed tothe Association.

Section 9.3 Insurers .

The insurance set forth in section 9.~ shall be maintained ~n

reputable insurance companies authorized to do business withinthe Commonwealth of Pennsylvania.

section 9.4 Cost •

The cost of the insurance set forth in section 9.~ shall be aCommon 'Expense of the Association, except for that portion of thecost of such insurance which is incurred as a result of theimproper use, misuse, occupancy or abandonment of any DwellingUnit, or its appurtenances which portion of the cost shall bepaid by the Owner of such Dwelling Unit •

.section 9.5 Evidence and Cancellation of Insurance .

An insurer that has issued an insurance policy under thissection shall issue certificates or memoranda of insurance to theAssociation and, upon request, to any Member, OWner,Institutional Lender or Purchase Money Mortgagee.

Section 9.6 Owner's and Resident's Insurance •

(a) Property insurance insuring against fire, extendedcoverage perils and all risks of physical loss commonly insuredagainst covering a Dwelling Unit shall be maintained by the

Owner. The total amount of insurance, after application of anydeductibles, shall be 100% of the replacement costs of theDwelling Unit and Accessory Building, exclusive of land,foundations, excavations, and other items normally excluded fromproperty policies. Such insurance is to afford protectionagainst at least the following: (i) Loss or damage by fire andother hazards covered by the standard extended coverageendorsement, debris removal, cost of demolition, vandalism,malicious mischief, wind, storm, and water damage; and (ii) suchother risks as shall customarily be covered with respect to



single family residential property.

(b) Each Resident shall maintain insurance on the contentso t · the Dwelling Unit and Accessory Building.

(c) Each Owner and Resident shall maintain liabilityinsurance, insuring such Owner and Resident, and all Residents ofthat Dwelling unit.

(d) Each Owner and Resident, upon five (5) days writtenrequest, shall provide a certificate of insurance to theAssociation confirming the existence of all insurance required bythis section. All such insurance shall name the Declarant andthe Association as additional insureds.

ARTICLE X

LIMITATION OF LIABILITY

section 1.0.1. Limit of Liability of the Board of Directors •

The Board of Directors and its members in their capacity asmembers of the Board of Directors, officers and employees of theAssociation:

(a) Shall not be liable for the failure of any serviceto be obtained by the Board of Directors and paid for by theAssociation, or for injury or damage to persons or propertycaused by the elements or by another owner, Resident or Person onthe property, resulting from electricity, gas, water, rain, dustor sand which may leak or flow from the outside or from any partof any improvem'ent, or from any of its pipes, drains, conduits,appliances, equipment, or from any other place unless in suchinstance such injury or damage has been caused by the willfulmisconduct or gross negligence of the Association or the Board ofDirectors;

(b) Shall not be liable to the Members, Owners,Residents, or any other Person as a result of the performance ofthe Board of Directo.rs member' sduties for any mistake ofjudgment, negligence or otherwise, except for their own willfulmisconduct or gross negligence;

(c) Shall have no personal liability in contract to anyMember, Owners, Resident, or any other Person under anyagreement, check, contract, deed, lease, mortgage, instrument ortransaction entered into by them on behalf of the Board ofDirectors in the performance of their duties;

(d) Shall not be liable to a Member, Owner, Resident,or such Member's, Owner's or Resident's tenants, employees,

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agents, customers or guests for loss or damage caused by theft ordamage to personal property left by such Member, Owner orResident or his tenants, employees, agents, customers or guestsin a Dwelling Unit, Lot, Yard Area, or Common Area or CommonFacility, or in or on swatara Village, except for loss or damagecaused by their own willful. misconduct or gross negligence;

(e) Shall have no personal liability in tort or to aMember, owner, Resident or any other Person, direct orimputed, by virtue of acts performed by.or for them, exceptfor their own willful misconduct or gross negl igence· .inperformance of their duties; and

(f) Shall have no personal liability arising out of theuse, misuse or condition of Swatara Village and the CommonAreas and Common Facilities or Residue Parcel or Dwelling Unitserected within swatara Village, or the Yard Areas thereof, or

which might in any way be assessed against or imputed to themembers of the Board of Directors as a result of or by virtue oftheir performance of their duties, except for their own willfulmisconduct or gross negligence.

section ·10.2 Indemnification .

Each member of the Board of Directors, in such director'scapacity as a member of the Board of Directors, office or both,is hereby indemnified by the Association against all expenses,judgments, fines, settlement amounts and liabilities, includingattorneys' fees, reasonably incurred or imposed upon eachdirector in connection with any threatened, pending or completedaction, suit or proceeding whether civil, criminal,administrative or investigative in which such director may becomeinvolved by reason of his or her being or having been a memberand/or officer of the Board of Directors, or any settlement ofany such action, suit or proceeding, whether or not such directoris a member of the Board of Directors, officer or both, at thetime such expenses are incurred, except in such case wherein suchmember of the Board of Directors and/or officer is adjudgedguilty of willful misconduct or gross negligence in the of suchmember's or officer's duties, provided that, in the event of asettlement, this indemnification shall apply only if and when the

Board of Directors (with the affected director abstaining if suchdirector is then a member of the Board of Directors) approvessuch settlement and reimbursement as being in the best interestsof the Association; and provided further that, theindemnification hereunder with respect to any criminal action orproceeding is permitted only if such member of the Board ofDirectors and/or officer had no reasonable cause to believe suchdirector's and/or officer's conduct was unlawful. Thetermination of any action, suit or proceeding by judgment, order,settlement, conviction or upon a plea of nolo contendere or its





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the Association. In the event that neither the Declarant nor theAssociation shall give notice of the intention of either of themto exercise the option to purchase within such period, and in theevent that the Lot is not sold for any reason, in the transactionidentified in such Owner's notice, this right of first refusaland all of its .terms and conditions shall nevertheless remain infull force and effect as to any future offer received or made byany Owner. In that event, the Declarant and the Associationshall have, upon the same conditions and notice, the continuingfirst option and second option to.purchase the Lot, with orwithout any Dwelling unit erected thereon, upon the terms of suchsubsequent offer.

section ~~.2 Price to be Paid by Declarant or-Associationfor Lot and Dwelling unit; Price to be Paid by Declarant orAssociation for Lot Only.

If the Declarant or the Association shall exercise the rightof first refusal with -respect to the Lot and Dwelling Unit, theprice to be paid to the Owner shall be the same price in theoffer made to or by an Owner, a~d the price listed in the noticefrom the Owner, and shall be payable upon the same terms andconditions. - If the Declarant or the Association shall exercisethe right of first refusal with respect to the Lot only, thepurchas.e price for the-Lot shall be the fair market value of suchLot determined, unless parties shall agree otherwise by theaverage of the appraisals performed by licensed real estatelenders, the first of which shall be selected by the owner, thesecond of which shall be selected by the Declarant or theAssociation, as the case may be, and the third of which shall beselected by the first two brokers. The cost of such appraisalsshall be divided between the Owner and the Declarant or theAssociation, as the case may be.

section 11.3 Duration of Declarant's Right of FirstRefusal; Supremacy Right of First Refusal Granted to DeclarantOver Right of First Refusal Granted to Association.

The right of first refusal granted to the Declarant shallcontinue only as long as the Declarant shall remain the Owner of

record of any Lot. As long as the Declarant shall remain the

OWner of record of any Lot, the right of first refusal granted tothe Association shall be subordinate to the right of firstrefusal granted to the Declarant, and shall be void if theDeclarant shall exercise the right of first refusal granted toit.

section 11.4 Quality of Title .

In the event that any of the rights of first refusal grantedabove is exercised, the Owner shall convey marketable title in



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fee simple to the Declarant or the Association by good andsufficient special warranty deed and free from all encumbranceswhatsoever. The Owner will convey good and marketable title, orsuch as will be insured by a reputable title insurance company atregular rates. Settlement and conveyance to the Declarant or the

Association be made within ninety(90)

days from the said date ofexercise. Taxes, water rent, Common Expense Assessments, andSpecial Assessments, and other current expenses, if applicable,shall be adjusted pro rata on an as levied basis as of the dateof settlement.

section 11.5 Record as Evidence of Non-Exercise •

All bona fide third party purchasers for value and allInstitut10nal Lenders and Purchase Money Mortgagee of any Lotwho do not otherwise have actual notice of the exercise by theDeclarant or the Association of any right of first refusal

granted herein, shall be entitled to rely on any deed from anyowner, to any successor to such Owner which shall appear of recordin the Recorder's Office as conclusive evidence that notice wasprovided to the Association and, if applicable to Declarant, bythe Owner in accordance with this Section and that neither theDeclarant nor the Association exercised the rights of firstrefusal granted herein.

ARTICLE XII

GENERAL PROVISIONS

Section 12.1 Duration .

This Declaration shall run with and bind the Residential LotArea, and shall inure to the benefit of and be enforceable by theAssociation, any Member, or the owner of any land subject to thisDeclaration, and their respective successors, assigns, heirs,executors, administrators and personal representatives. TheDeclaration shall have a duration of twenty-five (25) years,unless a particular section specifically provides otherwise, atthe end of which. period said Declaration shall be automaticallyextended for successive periods of ten (10) years each, unless atleast two thirds (2/3) of the Members at the time of the

expiration of the initial period, or any extension, thereof,shall sign an instrument or instruments, which shall be dulyrecorded in the Recorder's Office in which they shall agree tochange the Declaration in whole or in part.

Section 12.2 Notice .

Any notice required to be sent to any Member, Owner,Resident, Institutional Lender or Purchase Money Mortgagee underthe provisions of this Declaration, the Articles of Incorporation



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or the By-Law s shall be de e me d to have b e e n prope rly se nt, andnotic e the re by give n, w he n maile d by re gular mail, w ith postageor Purc hase Mone y Mortgage e at the last know n addre ss of suc hMe mb e r,. Ow ne r, Re side nt, Institutional Le nde r or Purc hase Mone yMortgage e as the same appe ars on the re c ords of the Assoc iation

at the time of suc h mailing. If a Lot is ow ne d jointly by morethan one Me mb e r or Ow ne r, notic e to one of the Me mb e rs or unitOw ne rs shall c onstitute notic e to all ow ne r Me mbe rs and Ow ne rsthe re of. It shall be the obligation of e ve ry Me mbe r or Ow ne r tonotify the se c re tary of the Assoc iation in w riting imme diate ly ofany c hange of addre ss. Valid notic e may also b e give n to aMe mb e r by pe rsonal de live ry.

se c tion 12. 3 Enforc e me nt .

Enforc e me nt of this De c laration shall be by appropriateproc e e ding at law or in e quity in any c ourt having jurisdic tion,

against any pe rson or pe rsons, firm or c orporation violating oratte mpting to violate or c irc umve nt any provision he re inc ontaine d, e ithe r to re strain or e njoin suc h violation orthre ate ne d violation or to re c ove r damage s, if any, and againstany Lot and Dw e lling unit to e nforc e any lie n c re ate d by thisDe c laration; In the e ve nt the Assoc iation should at any timefail to disc harge its obligations to maintain any portion ofSw atara Village or toe n~orc e the provisions he re of, any Me mb e rshall have the right to e nforc e suc h obligations by anyproc e e ding at law or in e quity. Exc e pt as othe rw ise spe c ific allyprovide d he re in, no othe r pe rson or e ntity shall have any rightsby re ason he re of.

se c tion 12. 4 Se ve rability .

Should any c ove nant or re stric tion he re in c ontaine d, or anyartic le , se c tion, subse c tion, se nte nc e , c lause , or phrase or te rmof this De c laration be de c lare d to b e void, invalid, ille gal ore nforc e able , for any re ason, by any c ourt or othe r tribunalhaving jurisdic tion, suc h judgme nt shall in no w ise affe c t theothe r provisions he re of w hic h are he re by de c lare d to b e se ve rable ,and w hic h shall re main in full forc e and e ffe c t.

se c tion 12. 5 Ame ndme nts .

This De c laration may b e ame nde d at any time afte r the datehe re of, by vote of at le ast tw o-thirds (2/3) of the Me mb e rs, atany duly c alle d me e ting, upon thirty (30) days w ritte n notic e toe ve ry Me mbe r of the e xac t language of the ame ndme nt in advanc e ,provide d how e ve r, no ame ndme nt may be e ffe c tive Whic h (i) w ouldpermit any Me mb e r to be e xe mpte d from the payme nt of any CommonExpe nse Asse ssme nt; (ii) w ould c hange the share of Common Expe nseAsse ssme nt appurte nant to e ac h Dw e lling Unit or Lot; (iii) modifyany e ase me nts or re stric tions se t forth in Artic le III and



Article IV hereof; (iv) would provide for the conveyance of theCommon Facilities or the Common Areas or any interest therein,except a utility in accordance with section 4.5, to any Person,or (v) would modify the rights of the Township in any manner,without the express written consent, by ordinance or otherwise,of

the Township. Provided, further, no amendment which effectsany rights or obligations of the Declarant hereunder shall beeffective without the consent and joinder of the Declarant. An

amendment made by an agreement signed and acknowledged by all ofthe Members, in the manner required for the execution of a deed,may modify any provision hereof, except the rights of theTownship, which may only be modified in the manner set forthabove. No amendment shall become effective until the same isrecorded in the Recorder's Office.

section 22.6 waiver.

No provisions contained in this Declaration may be deemed tohave been abrogated or waived by reason of the failure of theAssociation to enforce the same, irrespective of the number ofviolations or breaches which may occur.

section 12.7

Agreements.

The fact that some or all of the directors, officers andshareholders of the Association and the Declarant may beidentical, and the fact that the Declarant has heretofore or mayhereafter enter into agreements with the Association or third

parties, will not invalidate any such agreements and theAssociation, and its Members, from time to time, will beobligated to abide by and comply with the terms and conditionsthereof. Purchase of a Lot, and the acceptance of a deedtherefor by any party, whether for the Declarant or itssuccessors, shall constitute the ratification, confirmation anapproval by such purchaser, such purchaser's heirs, legalrepresentatives, successors and assigns, of the propriety andlegality of said agreement, and any other agreements authorizedand permitted by this Declaration, the Articles of Incorporationor the By-Laws.

Ratification, Confirmation, and Approval of

section 12.8Condemnation. Rights of certain Mortgagees Upon

If any Dwelling Unit, Yard Area, Lot or portion thereof, orthe Common Facility, or any portion thereof is made the subjectmatter of any condemnation or eminent domain proceeding or isotherwise sought to be acquired by a condemning authority, thenan Institutional Lender or Purchase Money Mortgagee holding afirst mortgage on either the legal or equitable interest, orboth, in a portion of Swatara Village so affected is entitled to

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BY: ~~Gc.UC. RONALD GILL, Pres~dent

a timely written notice from the Association of any suchproceeding or proposed acquisition and no Member or other partyshall have priority over such Institutional Lender or PurchaseMoney Mortgagee with respect to the distribution allocable to.such portion of Swatara Village from the proceeds of any award orsettlement.

Section 12.9 Effect .

This Declaration shall be .binding upon the Declarant, allMembers, Owners, Residents, Institutional Lenders, Purchase MoneyMortgagees and their respective heirs, executors, administrators,successors, assigns, business visitors and tenants.

IN WITNESS WHEREOF, Aldick Associates, Inc. has caused its.~name to be executed and seal affixed to these presents this ~.day of May, 1993.

ALDICK ASSOCIATES, INC.

Documents

Swatara Village SVPOA Declaration (BODY)