The Covenants, Amendments and Rules

Heritage Estates Homeowners Association Covenants

BYLAWS AND COVENANTS OF THE

HERITAGE ESTATES HOMEOWNERS ASSOCIATION

ARTICLE I
INTRODUCTION AND DEFINITIONS

These Bylaws and Declaration of Covenants provide for the governance of the Heritage Estates Homeowners Association pursuant to the requirements of §5306 of the Pennsylvania Uniform Planned Community Act, 68Pa. C.S.A. §5101 et seq. (the “Act”), with respect to the Planned Community created by the recording of the Declaration among the land records of Allegheny County in Deed Book as “Heritage Estates Plan of Lots” recorded at Plan Book Volume 245, page 120, and “Heritage Estates P.R.D.” recorded at Plan Book Volume 247, page 63-66. The Community will be subject only to Sections 5103, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5113, 5114, Chapter 53, Sections 5407, 5408, 5409, and 5411 of the Act.

These Bylaws and Covenants are made for the common benefit of all Owners in said Planned Community who by acquisition of their respective Lots, shall be conclusively deemed to have accepted and agreed to these covenants or restrictions herein contained.

Section 1.1.  Association.  THE HERITAGE ESTATES HOMEOWNERS’ ASSOCIATION  (“Association”),  is a  Pennsylvania  not  for  profit corporation.  The Association has the sole and exclusive authority to maintain, repair and improve Common Property and has the right to enforce the covenants, conditions and restrictions set forth herein.  The Association consists of all Lot owners in the Heritage Estates Planned Community.

Section 1.2.  Common Property.  The entranceway monument, entranceway easement and all other open space areas shown on the recorded Plan.

Section 1.3.  Unit.  A dwelling erected on a Lot.

Section 1.4.  Lot.  A lot as shown on the recorded Plan.

Section 1.5.  Members.  Owners of a lot.

Section 1.6.  Common Property Assessments.  Assessments for the maintenance and preservation of the Common Property.

Section 1.7.  Special Common Property Assessments.  Special charges imposed by the Association upon Owners to maintain, improve and repair Common Property, if the Common Property Assessments are insufficient to pay for the cost of such items.

Section 1.8.  Easements and Encumbrances.  The Community is subject to the easements and encumbrances described in the recorded Plans as they appear and as they may be amended.

Section 1.9.  Reserve Fund.  The Association may establish and maintain a reserve fund for replacement of any part of the Common Property and facilities as the Association deems appropriate.

ARTICLE II
MEMBERSHIP, MEETINGS AND VOTING IN THE ASSOCIATION

Section 2.1.  Membership.  Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Lot.   

Section 2.2  Board Of Directors. The affairs of the Association shall be governed by a Board of Directors. The Board of Directors shall be composed of five (5) natural persons, all of whom shall be Members. Once elected by the Association the Board of Directors will among themselves choose a President, Treasurer and Secretary. Election and duties of the Board of Directors is outlined in Article III, below.

Section 2.3. Annual Meetings.   The annual meetings of the Association shall be held on the second Monday of March of each year.

Section 2.4.  Notice of Meetings.  The Board or its designated managing agent will send each Member a notice of the annual meeting of the Association, or any special meetings, as described in Section 2.5 below, at least twenty (20) but not more than sixty (60) days prior to the meeting, stating the time, place, and purpose thereof.  

Section 2.5   Special Meetings. The President of the Board shall call a special meeting of the Association if so directed by resolution of the Board of Directors or upon a petition signed by at least thirty percent (30%) of the Members and presented to the Secretary. The notice of any special meeting shall state the time, place and purpose thereof. Such meeting shall be held within forty-five (45) days after receipt by the President of such resolution or petition. No business shall be transacted at a special meeting except as stated in the notice.

Section. 2.6.  Voting.  Owners shall be entitled to one vote for each Lot owned.  If more than one person holds an interest in a Lot, all such persons shall be Members.  The single vote incidental thereto, shall be exercised as such persons determine; if they cannot agree they shall forfeit the vote.

Section 2.7  Proxies.  A vote may be cast in person or by proxy. Such proxy may be granted by any Member in favor of another Member. Proxies shall be duly executed in writing, shall be valid only for the particular meeting designated therein and must be filed with the Secretary before the appointed time of the meeting.

Section 2.8   Quorum.  The presence in person or by proxy of twenty percent (20%) or more of all Members at the commencement of all meetings shall constitute a quorum at all meetings of the Association. If at any meeting of the Association a quorum is not present, a majority of the Members present may adjourn the meeting to a time not less than forty-eight (48) hours after the time for which the original meeting was called. The quorum at such second meeting shall be deemed present if ten percent (10%) of all Members are present in person or by proxy at the beginning of the meeting.

Section 2.9  Rejection of Annual Budget Or Other Recommendations Presented By The Board Of Directors.  At any meeting at which a quorum is met, as per Section 2.8, above, budgets and other Board of Director recommendations will be passed unless voted down by 66% of the Members present (in person or by proxy) at the meeting.

ARTICLE III
BOARD OF DIRECTORS

Section 3.1 Election and Term of Office.  The term of office of any Board of Director shall be three (3) years.  Elections will be held at the end of their term, either at the Annual Meeting or at a Special Meeting, as per Section 2.5, above. A Board Member may serve an unlimited number of terms and may succeed himself or herself.  Board elections will be staggered so that all five members of the Board are not up for re-election in the same year.

Section 3.2  Board Of Director Duties.  The Board Of Directors shall prepare an annual budget, and present it to all Members of the Association at least thirty (30) days prior to the Annual Meeting. This budget will indicate the annual assessment of each Member.  If the budget is rejected, as per Section 2.9, above, and an adjusted budget cannot be agreed upon, the Board of Directors will present a revised budget at a Special Meeting held within forty-five (45) days.

Section 3.3. Delegation Of Powers: Managing Agent.  The Board Of Directors may employ a managing agent, who will perform such duties and services as the Board of Directors shall authorize, including, but not limited to, collection of Assessments and hiring subcontractors for the purpose of maintaining Common Areas. The term of any contract with a managing agent shall not exceed one (1) year.

Section 3.4 Removal of Members of the Board. At any Annual or Special Meeting any one or more members of the Board Of Directors may be removed with cause by a majority vote of all Members of the Association. Any Member proposing the removal of a Board member must give notice in advance to the Secretary at least ten (10) days in advance of the meeting. If a Board member is removed at a meeting, a replacement shall be elected at that same meeting, who will serve the remainder of the term of the removed Board member. The replacement member will be elected by the majority vote of Members at the meeting.

Section 3.5 Resignation of Members of the Board.  A Board member may resign at any time. Additionally a Board member must resign if he or she sells his Lot.  Board of Director vacancies caused by any reason other than Removal set forth in Section 3.4, above, will be filled by a vote of the remaining Board Of Directors at a special meeting of the Board Of Directors.  Each person so elected shall be a member of the Board Of Directors for the remainder of the term of the member being replaced.

Section 3.6  Board of Director Meetings. Regular meetings of the Board of Directors may be held at least once every six (6) months.  At all meetings of the Board of Directors a majority vote shall constitute the decision of the Board of Directors.

Section 3.7  Compensation. No member of the Board of Directors shall receive any compensation from the Association for acting as such, but may be reimbursed for any actual expenses incurred in the performance of his or her duties.

ARTICLE  IV
COMMON PROPERTY

Section 4.1.  Title to Common Property.   Title to the Common Property shall be held by the Association under and subject to all prior grants and reservations of coal, oil, gas, mineral and mining rights, rights of way, building line, building and use restrictions, all exceptions, easements and conditions as the same may be and appear in proper instruments of record, including those set forth herein and supplements hereto, or similar instruments.  The Association shall hold, own, maintain and preserve the Common Property, in accordance with these Declarations.

ARTICLE  V
COVENANT FOR ASSESSMENTS

Section 5.1 Creation of Lien and Personal Obligation of Assessment   Each Owner covenants and agrees to pay Common Property Assessments.  The aforesaid assessments, together with interest, costs and reasonable attorney’s fees, shall be a personal charge on Owners and shall bind their Lots.  The personal obligation for delinquent assessments shall pass to Owners and successors in title except for those mortgagees who have acquired title from an Owner who was a mortgagor.

Section 5.2.  Basis of Assessment.   Common Property Assessments shall be shared equally among Owners on a per Lot basis.

Section 5.3.  Purpose of Assessments.  Common Property Assessments, as defined herein, shall be used for the establishment, improvement and maintenance of the Common Property, the payment of Common Property insurance and repair, replacement and additions thereto, reasonable reserves for replacement and for the cost of labor, equipment, materials, management and supervision incurred in connection therewith.

Section 5.4.  Payment of Assessments.  Common Property Assessments shall be due on the first day of  each month  or as determined by the Association.  The Association may, after consideration of current maintenance costs and future needs of the Association, reduce or increase the amount of the assessments.  Any amount accumulated in excess of the amounts required for actual expenses and reserves shall be credited to each Owner according to the number of months Owner was assessed and paid in that year and shall be applied to the Owners  next installments until exhausted. In the event Association is delayed in preparing the annual estimates, the Owners shall continue to pay the monthly charges at the then-existing monthly rate established for the previous period until the same shall be determined.

Section 5.5  Effect of Non-Payment of Any Charges and Assessments Remedies of the Association. Any assessment not paid within ten (10) days after the due date shall include a late charge of  $5.00 per month and any assessment not paid within sixty (60) days after the due date shall become a lien upon the Lot and thereafter bear interest at the highest rate provided by the Act until paid.  The Treasurer of the Association shall maintain records of assessments and such records shall be binding upon all parties.  In addition, Association may bring an action at law against an Owner obligated to pay the same or foreclose the lien against the Lot and there shall be added to the amount of such assessment the costs and legal fees of preparing and filing the Complaint in such action. If a judgment is obtained, such judgment shall include interest on the assessment as provided and a reasonable attorney’s fee, together with the costs of the action. No Owner may waive or otherwise except liability for the assessments provided for herein by non-use of the Common Property or abandonment of the Unit.

Section 5.6. Subordination of the Lien to Mortgages.  The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon a Lot subject to assessment, provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of the Lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure.  Such sale or transfer shall not relieve the Owner of such Lot from liability for any assessments thereafter becoming due nor from the lien of any such subsequent assessment.

Section 5.7.  Reserve for Replacements.  Association shall establish and maintain a reserve fund for replacement of any part of the Common Property and facilities thereon as Association deems appropriate.  The amount shall be collected by assessment of the Owners and shall be deemed a Common Property expense.  The reserve shall be kept in an interest bearing account and shall only be expended for the purpose of effecting the replacement  of  Common  Property  or  Community  facilities  and  for  operating contingencies of a non-recurring nature.  The proportionate interest of each Owner shall be considered appurtenant to his Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot and shall be deemed to be transferred with such Lot.

ARTICLE  V1
INSURANCE

Section 6.1.  Association Coverage.  Association shall obtain and maintain to the extent obtainable, the following insurance policies:

(1) Insurance on the Common Property in an amount equal to the full replacement value and with a replacement cost endorsement which provides for the payment of all losses without deduction or allowance for depreciation.  Such coverage shall afford protection against, at least, the following:

A.  Loss or damage by fire or other hazards covered by the standard  extended  coverage  endorsement  and  additional extended coverage endorsement;

B.  Such other risks as shall customarily be covered with respect to projects similar in construction, location and use, including, but not limited to, vandalism, malicious mischief, and such other  insurance  as  Association  may  from  time  to  time determine;

C.  Public liability insurance in such amounts as Association may from time to time determine is necessary.  Said insurance shall cover each Member of Association, its officers and the managing agent or manager, as well as each Owner from liability in connection with the Common Property or any decision or work performed in connection therewith;

D.  Workman’s Compensation insurance to the extent necessary to comply with any applicable law;

E.  Such other policies of insurance, including insurance for other risks of a similar nature, as are or shall hereafter be considered appropriate by the Association.

(2) The premiums for the insurance coverage shall be a common expense.

(3)  The Association, or its designee, shall have the exclusive authority to adjust losses under the said insurance policies.

ARTICLE   VII
SEPARATE MORTGAGES, TAXES, UTILITY CHARGES

Section 7.1.  Mortgages.  Each Owner shall have the right to mortgage or encumber his own respective Lot.  No Owner shall have the right or authority to mortgage or otherwise encumber in any manner whatsoever Common Property.

Section 7.2.  Taxes.  Taxes on a Lot shall be the responsibility of the Lot and its Owner.

Section 7.3.  Utilities.  Each Owner shall pay for his own telephone, electricity, water, sewer, and/or other utilities which are separately metered or billed to each user by the appropriate utility company.  Utilities not separately metered or billed or separately metered and billed to the Association shall be treated as part of the Common Expenses.

Section 7.4.  Driveways and Walkways.  Paved driveways are required.  All paved driveways shall be composed of asphalt, concrete or comparable material..  Precast concrete stepping-stones shall not be permitted between the house and the street as walks, walkways or driveways.  Public sidewalks are to be maintained by Owner per municipal ordinance.

Section 7.5.  Home Exterior Changes.  Owners shall present plans for exterior structural changes to any dwelling to the Board of Directors prior to the start of work.  The Board shall review the plans and render an approval decision within ten (10) working days.

Section 7.6.   Exterior Accessories.   The Owner of each Lot shall be solely responsible for the maintenance of their lamp post,  mailbox and house numbers generally and in the following particulars:

(a)  The lamp post top and mailbox are to be kept in good repair so as to maintain a uniform appearance, and maintained in an operable condition;

(b)  The lamp post must be electric and  “dusk to dawn” photo electric eye must be used on the lamp post;

(c)  The lamp post must be within twenty-five (25) feet from the curb;

(d)  The Owner of each Lot shall be responsible for the cost of electricity used to illuminate their respective lamp post tops.

Section 7.7.  Storm Water.  Storm water run off must be handled in accordance with the applicable standards of Franklin Park Borough and/or Ohio Township, respectively.

Section 7.8.  Retaining Walls.  All retaining walls must be constructed of approved materials such as brick, precast stone, stone or a combination thereof.  Railroad ties may not be used in the construction of a retaining wall.

Section 7.9.  Streets and Curbs.  Owners must take reasonable precautions to protect the streets and curbs from damage by vehicles, equipment, moving trucks, etc.  If there is damage to the street or curb which requires repair or replacement, and such repair or replacement is not performed by Franklin Park or Ohio Township, the cost will be assessed against the Owner or Owners who are determined to be responsible (either through action or negligence) for the damage, which charge may be enforced by an action at law by the Association. 

Section 7.10.  Drainage Easements.  No structure, planting or other material shall be placed or permitted to remain in any easement, swale or storm water channel which may change the direction of flow of the water, or which may obstruct or retard the flow nor shall any such channels or easements be regarded.  The Association shall have the right and right of way to enter the easement area of such Lot to correct any problems, in which event the cost will be assessed against the Owner.

Section 7.11.  Landscaping. All Lots must be entirely seeded, sodded or landscaped in the front, side and a minimum of thirty (30) feet from the rear of the house.

All Lots shall be maintained in good condition, with lawns regularly mowed and  trimmed, landscaping  properly maintained and no weeds permitted to grow unchecked.  All landscaping must comply with the ordinances of Franklin Park Borough and/or Ohio Township, respectively.

Section 7.12.  Sight Lines.  No fence, wall, hedge, shrubs or other obstruction of any kind shall be placed on a Lot adjacent to any intersection in the Property which would obscure the sight lines in the clear sight triangle at the intersections at an elevation above two (2) feet.  The clear sight triangle is seventy-five (75) feet along the centerline of both streets.

Section 7.13.  Utilities.  All utility lines shall be underground.  No structure may be constructed within the right of way of any underground gas or utility line.

ARTICLE VIII
USE RESTRICTIONS

Section 8.1.  General Use Restrictions.  The property is intended to be used for the following purposes and its use is hereby restricted as follows:

(a)   Subdivision.  No Lot may be subdivided.

(b)   Structures.  No structure shall be erected, altered, placed, used or permitted to remain on any Lot other than a Dwelling with garage. No structure of a temporary character, tent, dog house, fenced dog run, animal pen, shelter, shed, shack, garage, barn or other outbuilding shall be used or constructed on a Lot either temporarily or permanently.

(c)  Outside Attachments.   Owners shall make reasonable efforts to locate objects (radio, TV or satellite antennas) attached to the exterior walls or roofs of dwellings in such a way that they are not visible from the street.  If placement away from street view is not practical, owners shall present the planned placement of the outside attachment to the Board Of Directors for approval.

(d)  Nuisances.  No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

(e) Signs.

(1) No sign of any kind shall be erected on any Lot except one sign of not more than five (5) square feet advertising the Lot for sale or rent.

(2)  An easement for ingress, egress and regress is hereby granted to the Association for the purpose of maintaining and replacing any signs, walls, or fences which are part of the Community signs program (i.e., directional signs, entry signs, etc.)  This right shall include the right to plant trees and shrubs and otherwise landscaping the area.

(f) Garbage and Refuse Disposal.  Trash, garbage and other waste shall be kept only in sanitary containers and shall be disposed of in such manner as may be prescribed from time to time by the Borough of Franklin Park or Ohio Township respectively.  Garbage containers must be kept out of public view except on collection days.

(g) Refuse.  No lumber, materials, bulk materials, refuse or trash or debris shall be kept, stored, or allowed to accumulate on any Lot except building materials during the course of construction or remodeling.

(h) Laws.  All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed on the property by the residents.

(i) Laundry Lines.  Laundry poles and lines are prohibited.  No clothes, sheets, blankets, laundry or other articles of any kind shall be hung out or exposed on any portion of the Property.

(j) Swimming Pools.  No above ground swimming pools may be installed on any of the Lots and all in-ground swimming pools shall be installed behind the Dwelling within the footprint of the Dwelling and in accordance with the ordinances of the Borough of Franklin Park and Ohio Township.  Hot tubs and Jacuzzis may be installed in accordance with the ordinances of the Borough of Franklin Park and Ohio Township.

(k) Pets.  No animals, livestock, fowl or poultry of any kind shall be raised, bred or kept on any Lot except that dogs, cats or other household  pets may be kept in houses, subject to the applicable laws and ordinances.

(l) Balconies and Porches.  No rugs, clothes, sheets, blankets, laundry of any kind, or other article shall be hung from the balconies and/or porches. Balconies and/or porches and/or patios shall be kept free and clear of rubbish, debris and other unsightly materials.

(m) Residential Use.  Lots must be used for residential purposes permitted by the Franklin Park Borough or Ohio Township zoning ordinance governing single  family residential use.  No industry, business, trade, occupation or profession of any kind, commercial,  religious, educational, or otherwise, designated for profit, altruism, exploration or otherwise, shall be conducted, maintained or permitted on any part of the Property which would require employee or customer parking or any amenities which a business open to the public would typically require.

(n) Easements of Pipes, etc.  No water pipe, gas pipe, sewer pipe or drainage pipe shall be installed or maintained on any Lot above the surface of the ground.  Easements have been reserved for sewers, drainage and utility installations and maintenance for such purposes and uses as are shown on the recorded Plan.  Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements.

The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.  The  Association, its agents, successors and assigns, shall have the right to enter upon all parts of the easement area of each Lot for any of the purposes for which said easements and rights-of-way are reserved.

(o) Storage and Parking of Vehicles.  Except as provided herein, there shall be no outside storage upon any Lot or Common Area (i.e., driveways or yards) of any semi-truck, tractor, tractor-trailer, trailer, motorcycle, all-terrain vehicle (ATV), go-cart, snow mobile, mobile home, boat or similar transportation device.  No Owners shall repair or restore any vehicle of any kind on any part of any Lot visible from the street except for normal maintenance or emergency repairs.

Vehicles may not be parked overnight on the streets.

(p) Incomplete Structures.  No basement, garage or other structure other than the Dwelling for which the plans have been approved, in accordance with the terms hereof, shall be used as a residence, temporarily or permanently.

(q) Other Structures.  No structures other than single family dwelling shall be erected on any of the aforesaid Lots except an architecturally designed bath house if used in connection with a swimming pool or an architecturally designed picnic shelter or gazebo. Any such structure must be approved by the Association in advance and must be within the footprint of the rear of the house.

(r) Garages. All garages must either be either integral or attached to the dwelling.  Garages may not be converted to living space but may only be used for storage of vehicles or personal property.  Garage doors shall be kept closed except when automobiles are being moved or the garage is being used.

(s) Fences.   All fences must comply with the local laws and/or ordinances and in addition shall meet the following requirements:

(1)  No barbed wire, no-clad chain link or similar material shall be permitted.

(2) Fences may be placed on the side and rear yards but shall not be constructed closer to the street in front of the house than the front line of the house.

(3) No fences may be built closer than three (3) feet of the property side line and may not be more than four (4) feet in height.

(t) Wells.  No oil or gas well shall be drilled on any Lot.

(u) Removal of Trees.  No removal, regardless of size, shall be permitted on the Common Area and/or open spaces, except for dead or diseased trees.

ARTICLE IX
GENERAL PROVISIONS

Section 9.1.  Additional Rules and Regulations.  The Association may adopt such reasonable rules and regulations, not inconsistent herewith, as it may deem advisable for the  maintenance,  administration,  management,  operation,  use,  conservation  and beautification of Common Property, the facilities thereon, and the exterior maintenance of Lots and Buildings.  Written notice of such rules and regulations shall be given to all Owners and the entire Property shall at all times be maintained subject to such rules and regulations.  Such rules and regulations shall be binding upon the Owners, their families, tenants, guests, invitees, and agents and the Association shall have the authority to impose reasonable monetary fines and other sanctions, which fines may be collected by lien as provided in ARTICLE V.

Section 9.2.  Enforcement.  Enforcement of these covenants and restrictions, and rules and regulations adopted pursuant hereto are only enforceable by the Association and shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants. Failure by the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.  Association may also impose fines or other sanctions, collection of which shall be as provided in ARTICLE V hereof.  The expense of enforcement by the Association (including reasonable attorneys fees) shall be chargeable to any Owner violating these covenants and restrictions, and shall constitute a lien on his Lot, or Dwelling unit collectable in the same manner as assessments hereunder.

Section 9.3. Interpretation.  If any inconsistency between this Declaration, ByLaws of Association or any declarations recorded in connection with the development of Heritage Estates shall arise, the provisions of this document shall control.

Section 9.4.  Severability.  Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.

Section 9.5.  Amendment.  This Declaration may be amended by an instrument signed by the Owners representing not less than sixty (60%) percent of the votes eligible to be cast by the Members of the Association.  Any such amendment shall be effective upon recordation in the Office of the Recorder of Deeds of Allegheny County, Pennsylvania.  The recital in any such amendment that it has been executed and acknowledged by the specified percentage of Owners shall be conclusive and binding on all persons.

Section 9.6.  Services. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with its operations or the enforcement of this Declaration.  The Association may, but shall not be required, to arrange as an Association expense with others to furnish water, trash collection, sewer service and other common services to each Dwelling Unit.

Section  9.7.  Personal Property and Real Property for Common Use.  The Association may acquire, hold and dispose of tangible and intangible personal property and real property.

Section 9.8.  Implied Rights.  The Association may exercise any other rights or privilege given to it expressly by this Declaration or by law, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.

Section 9.9.  Notice of Sale, Lease or Mortgage.  Upon sale by Owner, the Owner will notify Association of the name and address of the purchaser of the property.

Section 9.10.  Captions.  Captions are for convenience and reference only and are in no way to construed as defining, limiting or modifying the scope or intent of the various provisions of this Declaration.

Section 9.11.  Matters of Dispute.  Matters of dispute or disagreement between Association Members or with respect to interpretation or application of the provisions of this Declaration or the By-Laws shall be determined by the Association, which determination shall be binding on all Association Members.

Section 9.12.  Liability.  Neither Members of the Association nor its officers shall be liable to the Owners or others for any mistake of judgment or for any acts or omissions made in good faith.  The Association shall indemnify and hold harmless each of the Members of the Association and each of the officers against all expenses or liability to others arising out of their position as an officer or Member of the Association or arising out of contracts made by them or any of them on behalf of the Owners unless any such contract shall have been made in bad faith or contrary to the provisions of this Declaration.  Officers of Association shall not be liable for any mistake of judgment or negligence except for their own willful malfeasance, misconduct or bad faith.  The Association may obtain, as a common expense, insurance commonly known as Directors and Officers Liability coverage in order to encourage service on the Association and to fund this obligation.

Section 9.13.  Notices.  Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

Section 9.14.  This Declaration and the protective covenants and building restrictions herein set forth shall run as covenants upon the Lots and shall be binding upon the undersigned and all Members of the Association, its successors and assigns until December 31, 2025, after which time this Declaration shall be automatically extended for successive periods of ten (10) years, unless revoked, revised or amended by a majority vote of the Owners of eighty (80%) percent of the Lots.

Section 9.15.  Gender.  As used in this Declaration, the work person shall mean and include where appropriate, an individual, corporation, partnership or other entity; the plural shall be substituted for singular and the singular for the plural where appropriate and words of any gender shall mean to include any other gender.

Section 9.16.   Amendment  Resulting  From  Requirement  of  Government Agencies.  If in order to obtain the approval of the Federal Housing Administration and/or the Department  of Housing  and Urban  Development  and/or  the  Veterans Administration and/or the Federal National Mortgage Administration to the terms and conditions of this Declaration of Covenants, Conditions, and Restrictions, – the Association is required to amend any terms of this Declaration,  the Board of Directors may do so without any further consent or approval of any Owners.  Written notice shall be given to all owners of any such proposed changes and the reason for such change.

Section 9.17.  Effective Date.  Amendments shall be effective upon recording in the Office of Recorder of Deeds of Allegheny County.

WITNESS the due execution hereof this __6__ day of _____April__, 2013

________________________________           _______________________________

Carl M. Grefenstette, HOA President                Valerie Carroll, HOA Secretary

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Heritage Estates Homeowners Association Covenants
Amendment 1

Sheds

SHED SPECIFICATIONS

LOCATION:

  1. If possible, homeowner should consider locating shed under the home’s deck.
  2. Sheds must be in direct line of rear of home. This means that the shed must be in direct orientation with the rear of the home, within the footprint of the home.
  3. The shed shall not be placed in a front yard or a side yard. [Note that corner lots have two front yards, one side yard and one back yard].
  4. Sheds cannot be located over storm water, sanitary sewer, or West View Water Authority easements. Easements are usually 20-25 feet in width.

SIZE/QUANTITY:

  1. Sheds may not exceed one hundred (100) square feet [ten (10) feet by ten (10) feet]. The total height of the shed shall not be more than twelve (12) feet measured at the highest point of the roof’s gable.
  2. There shall be only one shed per resident dwelling.

MATERIALS:

  1. Entire exterior of shed, including doors, walls and trim, must match the exterior of the primary structure (home). However, if the shed is located under a deck structure, it may alternatively match the exterior of the deck.
  2. The shed shall be constructed with vinyl or resin.
  3. Metal sheds are not permitted.
  4. Shed roof must match roof of the primary structure (home).

SHED FOUNDATION:

The shed shall have a foundation constructed of concrete.

ROOF DRAIN DIRECTIONS:

No roof drains may be directed onto any adjacent properties.

MAINTENANCE:

The homeowner will be responsible for maintaining the shed in good condition.

GENERAL:

  1. A draft site plan showing location and size of the proposed shed along with dimensions to the existing house and property lines shall be submitted to the Heritage Estates Homeowners Association (“HEHOA”) Board for approval. Homeowner shall also submit shed design, materials and actual pictures with site plan submission. Upon acceptance by the HEHOA Board, the homeowner shall obtain all necessary permits from either Franklin Park Borough or Ohio Township prior to the commencement of construction.
    • Site Plan – this diagram will indicate the size of the existing lot (length and width), size and location of the existing dwelling (including garage) and the size and location of the proposed shed.
  2. Necessary permits attained from either Franklin Park Borough or Ohio Township must be presented to ACRI or the property management company prior to construction.
  3. Where there is a discrepancy between the requirements of either the Franklin Park Borough or Ohio Township regulations and the HEHOA, the more stringent requirements shall govern.
  4. No hazardous materials may be stored in sheds (must comply with local Fire Code regulations).
  5. No shed shall have outdoor lighting of any kind.

Amendment 1 to the Heritage Estates Covenants adopted 1/6/2014

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RULES ENFORCEMENT POLICY AND PROCEDURES

HERITAGE ESTATES HOMEOWNERS ASSOCIATION

WHEREAS, Section 5302 of the Pennsylvania Uniform Planned Community Act grant the Board of Directors (“Board” ) the power to establish rules and to establish penalties for the infractions thereof.

WHEREAS, for the benefit and protection of the Association and of the individual members, the Board deems it desirable to establish and operate by a uniform procedure to assure an orderly disposition of all cases where there is a question of compliance by a homeowner, his/her family or guests or tenants, with the provisions of the Declaration, By-Laws or the Rules and Regulations as amended (“Association Documents”), thereby minimizing the necessity of seeking action in and through a court of law or equity;
and

WHEREAS, it is the intent of the Board to establish a uniform procedure for the Board to follow when action must be taken relative to questions of compliance by individuals with the provisions of the Association Documents:

NOW, THEREFORE BE IT RESOLVED that the following be adopted by the Board as the Rules Enforcement Policy and Procedure of the Association.

This policy is to be used by the Board in all cases of alleged violations of the Association Documents. The Board must have documentation of the alleged violation. This documentation can be in the form of a letter or note or a completed Rule Violation Form, from any homeowner or a report from
the management representative. This documentation should state essentially the following:

  1. The nature of the violation;
  2. The date and approximate time of the violation;
  3. The approximate location of the violation;
  4. The name and address of the offending party;
  5. The name and address of the person reporting the violation;
  6. A statement verifying that the person reporting the violation actually observed the violation; and
  7. Any other information that may aid the Board in resolving the violation.

The sequence of events in enforcing this policy and procedure is as follows:

If, in the opinion of the Board or its authorized management agent, the reported violation does not endanger other residents or common elements and can best be cured by a warning, the Board or its authorized agent shall cause a letter to be sent by certified mail to the offending party and/or
homeowner describing the alleged violation, demanding (1) that any such violation cease immediately, and (2) if appropriate, the common element that was damaged by the violation be restored.

If the violating party and/or homeowner does not comply with the warning letter, and continues thereafter to violate the Association Documents, the Board or its authorized agent shall cause to be sent to the offending party and/or homeowner by certified mail a written notice of the violation and pending fine, containing essentially the following information:

  1. A description of the nature, the time and place of the violation;
  2. A demand that the violation immediately cease and that any damage to the common elements be restored, within a ten (10) day period;
  3. A statement that a fine in the amount of $25.00 is imposed on the offending party and/or homeowner;
  4. A statement that if the offender and/or homeowner wishes to appeal the fine, he/she must contact the managing agent in writing, within ten (10) days from the date of the notice of violation, requesting a hearing before the Board. Any request for an appeal before the Board will stay the imposition of any fine until the Board disposes of the case, noting however that if the Board finds the alleged violator and/or unit owner guilty of the infraction charged that any fine imposed will be retroactive to the date the Board’s initial notice of the violation to the violator and/or homeowner;
  5. A warning that, if the violation continues, a fine of twenty dollars ($20.00) per day thereafter will be imposed until the violation has been cured; and
  6.  A statement that any damage caused by the violation will be assessed against the offending party and/or homeowner, and that attorney fees and costs may be assessed accordingly.

If any fines imposed by the Board under this policy and procedure are not paid within thirty (30) days of the initial assessment or the violation otherwise continues, the matter may be referred by the Board to legal counsel for appropriate legal action. If the matter is referred to legal counsel, all reasonable attorney’s fees, interest and costs incurred shall be assessed and collected against the offending party and/or homeowner. If at any time a homeowner or violator fails to pay any sums due to the Association for any reason, then those sums due will accrue interest at the rate of 1.25% per month on the outstanding balance until said sums are paid in full.

This policy and procedure is applicable to any violation of the Association Documents which does not currently specify a fine and/or a method of collecting fines by the Board. If a section of the Association Documents does specify a fine and/or a method of collecting the fine, then the amount of the fine and/or the procedure set forth therein will be followed.

All fines are to be paid to:

HERITAGES ESTATES HOMEOWNERS ASSOCIATION
c/o Acri Commercial Realty Inc.
290 Perry Highway
Pittsburgh. PA 15229

Adopted by the Heritages Estates Homeowners Association Board of Directors this   12th  day of _March_2019,