PENN’S WEST CONDOMINIUM RULES, REGULATIONS AND GUIDELINES THIS COPY OF THE RULES, REGULATIONS & GUIDELINES, DATED 5/1/2011 IS A COMPILATION OF VARIOUS DOCUMENTS PREVIOUSLY DISTRIBUTED. IT INCLUDES, WITHOUT LIMITATION, ANY MEMOS, ADDENDUMS, MEMORANDUMS OR HANDOUTS THAT HAVE BEEN DISTRIBUTED TO DATE. ALL OF THESE DOCUMENTS, WHEN COMBINED TOGETHER SHALL BE CONSIDERED THE “RULES, REGULATIONS AND GUIDELINES”, (THE “REGULATIONS”) THESE REGULATIONS SUPERSEDE ANY PRIOR VERSIONS AND ANY MEMOS, ADDENDUMS, MEMORANDUMS, HANDOUTS OR THE LIKE DATED AND/OR DISTRIBUTED PRIOR TO 5/1/2011. A.
INTRODUCTION 1. The Penn’s West Condominium Association (the “Association”), acting through its Executive Board (or “the Board”), has adopted the following Rules, Regulations and Guidelines (the “Regulations”). These Regulations may be amended from time to time by resolution of the Board. 2.
Wherever in these Regulations reference is made to “Unit Owners”, such term shall apply to the owner of any such unit, to his or her family, tenants whether or not in residence, servants, employees, contractors, agents, visitors and to any guests, invitees or licensees of such Unit Owner, his or her family or tenant of such Unit Owner. Wherever in these Regulations reference is made to the Association, such reference shall include the Association and the Managing Agent, if any, when the Managing Agent is acting on behalf of the Association. Wherever in these Regulations reference is made to “the Act”, such term shall reference the Pennsylvania Uniform Condominium Act, as the same may be amended from time to time.
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The Unit Owners shall comply with all of the Regulations hereinafter set forth governing the Property.
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The Executive Board reserves the rights to alter, amend, modify, repeal or revoke these Regulations and any consent or approval given hereunder at any time by resolution of the Association or the Executive Board.
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Some Regulations are taken in whole or in part from applicable provisions in the Declaration or the Act. In the event of any conflict or ambiguity, the applicable provisions of the Declaration or the Act shall govern. Terms not defined herein shall have the meaning given for such term in the Declaration.
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Because our condominium provides proximate living with home ownership, it is imperative that each member of this community be aware and respectful of the rights of his/her neighbors and his/her own obligations. These Regulations are not designed to constrict lifestyles in any unreasonable manner, but rather are designed to ensure a clean, quiet, safe, and valuable environment for all.
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The Executive Board is empowered by the Act, the Declaration, the Bylaws, and these Regulations to take such legal and/or administrative action as may be necessary to ensure that all those subject to the Regulations adhere to the provisions of these Regulations. Because violations may either be unintentional, the result of a misunderstanding, or easily remedied by informal means, an internal administrative enforcement mechanism has been established in Section ‘M’ of these Regulations. The Regulations will be enforced, without discrimination, for the benefit of all members of our community.
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To ensure a clean, quiet, safe, and valuable environment for all, it is the intention of the Executive Board to fully enforce these Regulations to the fullest extent allowed by the Act, the Declaration, the Bylaws and/or Federal, State and Local laws and ordinances. Violations of these Regulations may result in: (a) sanctions against a Unit Owner in accordance with the Sanction Schedule listed in Section ‘N’ of these Regulations and/or
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(b) other remedies as may be permitted by the Act, the Declaration, the Bylaws and/or Federal, State and Local laws and ordinances B. RESTRICTIONS ON USE AND OCCUPANCY 1. Except for the garages, driveways and parking area at the Community Facilities, no part of the Condominium Property shall be used for any purpose except housing and the related common purposes for which the Condominium was designed. Each Unit and the Limited Common Elements appurtenant thereto shall be used as a residence for a single family or housekeeping unit, its servants and guests and may also be used for No Impact Home Based Businesses as provided in the Declaration. 2.
There shall be no obstruction of the Common Elements. Nothing shall be stored on the Common Elements without the prior written consent of the Executive Board except herein or in the Declaration expressly provided. Except with the prior consent of the Executive Board, no Common elements shall be decorated or furnished by any Unit owner in any manner.
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No auction or sale of personal property shall be held in any Unit or in the Common Elements without the prior written consent of the Executive Board.
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Individual yard or garage sales are prohibited. Community sales may be organized by the Recreation Committee and approved by the Executive Board.
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Outdoor barbecuing or other cooking is permitted only in the front driveway for all units or the deck and concrete pad in the rear of the Townhouse units. When in use, grills must be kept at a safe distance from any flammable surfaces or material to prevent melting or fire. Only one (1) gas or charcoal grill may be maintained on a patio or deck. Grills may not be used on the lawns. Tanks of propane gas for use with gas grills may not be stored within ten (10’) feet of any source of ignition. No more than one (1) tank of propane may be used or stored for use with a gas grill. When not in use, grills must be stored either in the garage or on a deck or concrete pad at the rear of the townhouse units and the ground floor units in buildings 5,6,7,8,9 & 10.
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Use of equipment (including but not limited to musical instruments, televisions, audio or other sound equipment; wind chimes, speakers, fountains, and any other items) creating noise or vibration that unreasonably disturbs, annoys or interferes with the enjoyment, comfort, and convenience of other occupants of the Property is not permitted in any Unit. Special care in using such equipment should be taken between the hours of 10:00 PM and 8:00 AM. The Association strongly recommends residents speak with their immediate surrounding neighbors (on either side of their Unit and either behind or across the street as the case may be) to insure they are not unreasonably disturbing, annoying or interfering with their neighbor’s ability to enjoy the comfort and convenience of their own Unit. If any one (1) neighbor should indicate any noise or sound producing item from said Owners Unit is disturbing to them, then that Unit Owner will immediately take corrective action to eliminate such disturbance, up to and removing of the item(s) causing the noise or disturbance if necessary.
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All bicycles and other personal items are to be stored inside the garage or unit when not in use. Tennis courts are not to be used for bicycle riding.
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Automatic shut-off valves where possible (otherwise manual shut-off valves are required) and reinforced washer hoses are required on all clothes washing machines. The Association recommends annual inspection and replacement, if necessary, of hoses every five years and water heaters over ten years old.
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All Units must be heated to a minimum temperature of 55 degrees F. at all times, in order to prevent pipes from freezing or bursting.
10. Nothing shall be done or kept in any of the Units or Common Elements which will increase the rate of insurance for the Property, the Condos or contents thereof applicable for the permitted use without the prior written consent of the Executive Board. No Unit Owner
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shall permit anything to be done or kept in his or her Unit or on the Common Elements which will result in the cancellation of insurance on the Condo or contents thereof or which would be in violation of any public law, ordinance or regulation. No gasoline or other explosive or inflammable material may be kept in any Unit, except for ordinary use and stored in suitable containers. 11. Trash, rubbish or other waste may not be stored outside except on collection days. No area of the property is to be used as a dumping ground. Littering of any kind is prohibited. Garbage is collected once a week. Each unit may put out one (1) approved trashcan at the end of their driveway on the evening before pick-up. All trash and recycling container must be identified with the Unit Number of the owner. Open boxes or bags may not be used for trash disposal. Trash containers are to be removed from the curbside and stored in the garage no later than the evening of the scheduled pick up day. Trash cans and recycling containers may not be stored in any way in public view on non-trash pickup days. Any trash or debris left behind after trash pickup or which has been disturbed by inclement weather and animals must be promptly cleaned up and removed by the unit owner. 12. No articles of personal property may be left unattended in the Common Elements, except areas designated for such purposes from time to time by the Executive Board. 13. Except for roof and outside wall repair, each Unit Owner shall keep his or her unit and the Limited Common Elements appurtenant thereto in a good state of preservation, maintenance, repair and cleanliness and shall not sweep or throw or permit to be swept or thrown there from, any dirt or other substance. 14. Unless specifically permitted elsewhere in these Regulations, or approved by the Executive Board, no Unit Owner shall cause or permit anything to be hung, displayed or exposed on the exterior of a Unit or on Limited Common Elements appurtenant thereto, whether through or upon windows, doors or the exterior of such Unit. Except as set forth above, the prohibition herein includes without limitation laundry, clothing, rugs, signs, awnings, grills, air conditioning, fans, canopies, shutters, or any other items. Under no circumstances shall any air conditioning apparatus, television or radio antennas or other items be installed by the Unit Owners beyond the boundaries of his or her Unit or the Limited Common Elements appurtenant thereto, without the written consent of the Executive Board. Patios shall not be used as storage areas except as allowed in #30 of this Section. No patio or deck shall be enclosed or covered by a Unit Owner. 15. No Unit shall be used for any unlawful purpose and no Unit Owner shall do or permit any unlawful act in or upon his or her Unit. 16. Unit owners shall keep the interior and exterior portion of their windows in clean condition. Exterior patio glass doors and windows shall be cleaned by the Unit Owners. 17. Except with the prior approval of the Executive Board, no Unit Owner shall be permitted access to the roof, except in accordance with rules promulgated by the Executive Board. 18. Solicitors are not permitted on the Property. If any Unit Owner is contacted by a solicitor on the Property, the Managing Agent should be notified immediately. 19. All persons shall be properly attired when appearing in any of the Common Element portions of the Property. 20. Garden hoses must be neatly coiled in the garage area, not on the lawn or mulch areas. 21. Unit Owners may maintain, by way of example, but not by way of limitation, outdoor chairs, tables on the patio or deck appurtenant to their Unit, provided the outdoor furniture and furnishings are clean and maintained in good order. (a) Outdoor chairs, tables and grills may not be used or kept on lawns, steps or stoops.
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(b) Outdoor tables and chairs are permitted on the front balcony of each Unit provided there is an adequate path, no less than the width of the front door, to allow for emergency equipment access. (c) Patio furniture and grills must be stored on the concrete pad, deck, garage or balcony. Only fitted covers may be used. Tarps and plastic sheets may not be used. 22. No torches, Tiki torches, oil burning lamps or any other form of lamp, torch or equipment which uses an open flame to provide illumination may be used on the Property. For clarification purposes, citronella candles are not considered as sources of an open-flame to produce illumination but rather as a controlled low-flame insect repellant and therefore are permitted. 23. No sports equipment, tools or any other personal property may be stored or left on any patio, concrete pad, balcony or deck 24. Subject to Regulation B 14 above, no TV, radio or television antennas, except those types and sizes of antennas, which are specifically permitted under the provisions of the Rules and regulations of the Federal Communications Commission (FCC). Any member who installs an antenna of the types permitted by the FCC Rules and Regulations is required to give written notice of the installation to the Board. Any member who installs an antenna of the type permitted by the FCC Rules and Regulations shall be obligated to indemnify the Association for all expenses incurred by the association, if any; for increased maintenance, repair or replacement costs, insurance and repairs of damages, if any, caused by, or arising from, the installation or maintenance of the antenna upon any portion of the Property for which the Association bears any maintenance, repair or replacement or insurance obligation. All antennas shall be installed in strict accordance with manufacturer’s specifications and the applicable provisions, if any, of the Building Officials and Code Administration (“BOCA”) code applicable under the ordinances of Lower Macungie Township as applicable. In an effort to preserve the general harmonious appearance of the Property and the Units, and where possible without impairing the quality of signal received, it is requested that consideration be given to installing antennas on the rear roofline of the Unit. No antennas are allowed on decks, concrete pads or balconies. A $100 non refundable deposit is required for all antennas. 25. No exterior lights may be erected on the Buildings or Units, except upon receipt of architectural approval from the Executive Board. 26. No artificial vegetation shall be permitted on the exterior of any portion of any Unit. 27. No sledding, ice skating, skiing, skateboarding, trampolining, street hockey, snow boarding or snowmobiling is permitted on the property. 28. The discharge of firearms, firecrackers, explosives and/or incendiary devices within the Property is prohibited. The term ‘firearms’ includes, by way of example, but not by way of limitation, rifles, shotguns, pistols, paint pellet guns, and all other arms of all types, regardless of size, weight or use which is capable of discharging any projectiles of any size. 29. The following items are not permitted on any Common Element or Limited Common Element unless specifically addressed elsewhere in this document: (a) Fences or barriers except those provided by the builder or approved by the Association Board (b) Sheds or other large or oversized containers (c) Gazebos or similar structures 30. Small low-profile storage containers (such as the type to store seat cushions and the like) are permitted on the rear patio or deck only and are not to exceed 24” high by 22” deep by 44” long in size. 31. Garage doors are required to be kept closed when not in use.
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32. Each home has a garage and a driveway. Owners should utilize their garage first, then driveway for parking. Overflow parking is for the lots and street. 33. No pools, hot tubs or sandboxes shall be erected, constructed, used or installed on the Property, except in the Community Facilities. C. RESTRICTIONS APPLICABLE TO PARKING AND MOTOR VEHICLES 1. All vehicles and personal property in vehicles placed in any portion of the driveways or Community Facility parking areas shall be at the sole risk of the Unit Owner and the Association shall in no event be liable for the loss, destruction, theft or damage to such property. 2.
Parking spaces, garages and driveways may not be used for any purpose other than the parking of automobiles, SUV’s, personal pickup trucks and passenger vans. No buses, trucks in excess of ¾ tons, trailers, boats, commercial business vans, stretch vehicles, recreational or commercial business vehicles with ladders, signs, lettering, and the like shall not be parked in the parking areas or in driveways. All vehicles must have current license plates, state inspection stickers and be in good order and operating condition. No vehicles shall be parked on the Condominium Property with conspicuous “For Sale” signs attached. Inoperable or dead storage of vehicles on any portion of the property is not permitted. Trucks and vans are permitted to be parked on a temporary basis on the property in connection with services being performed for an owner in the Association. No parking is allowed in the turnaround driveway areas.
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All Unit Owners shall observe and abide by all parking and traffic regulations set forth herein or as posted by the Association or by municipal authorities. Vehicles parked in violation of any such regulations may be towed away at the Unit Owners sole risk and expense.
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Parking so as to block aisles, sidewalks or driveways shall not be permitted. If any vehicle owned or operated by a Unit Owner, any member of their family, tenants, guests, invitees or licensees shall be illegally parked or abandoned on the Condominium Property, the vehicle may be towed at the expense of the Unit Owner and the Association shall be held harmless by such Unit Owner for any and all damages or losses that may ensue, and any and all rights in connection therewith that the owner or driver may have under the provisions of state or local laws and ordinances are hereby expressly waived. The Unit Owner shall indemnify the Unit Owners Association against any liability, which may be imposed on the Association as a result of such illegal parking or abandonment, and any consequences thereof.
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No vehicle shall be left unattended on a jack, and no vehicle shall be placed upon blocks or ramps.
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No draining or changing of any motor vehicle fluids, fuels, lubricants, refrigerants or oils may be performed on the Common Elements. No motor vehicle fluids, fuels, lubricants, refrigerants or oils may be held, stored, treated, or disposed of on the Common Elements.
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No vehicle repairs or maintenance may be performed on the Property. Only minor vehicle maintenance, which includes waxing vehicles, cleaning windshields, vacuuming, replacing windshield wipers, touch-up painting of scratches, changing flats or jumping batteries, may be performed on the Property.
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Those parking spaces designated, as “Handicap Parking” shall be used exclusively by vehicles with current handicap placards or license plates.
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No un-licensed scooter, motorcycle or trail bike, and no minibike, ski-do, snowmobile, dune buggy, motorized skateboard or scooter, nor any other un-licensed motorized recreational vehicle of any type, may be operated upon the Common Elements. Scooters designated for medical necessity are permitted.
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10. No vehicle of any type, which makes broadcasts or emits any noise or foul odor, including by way of example, but not by way of limitation, vehicles without mufflers, or without operating mufflers, may be used, maintained, kept or operated on the Property. 11. No vehicle may be parked in a manner so as to block or impair access to any fire hydrant, mailbox, ramp, parking area, driveway, or parking space. D. LEASING OF UNITS 1. Occupancy is restricted to residential use only, and to home based occupations that do not add traffic, noise or otherwise impose on the community. All such uses are subject to the township zoning ordinances and Federal laws and regulations. 2.
No Unit may be used in a manner which will increase insurance premiums or violates any governmental law, statute or ordinance.
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The owner of a unit is required to provide each tenant with a copy of all Rules and Regulations and ensure their tenants adherence to same.
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The Association may collect fines and delinquent assessments from the tenant, whether owed by the unit owner, the landlord or the tenant.
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No portion of a Unit (less than the entire Unit) may be leased for any period.
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All leases must be written and copies must be submitted to the Managing Agent ten (10) days prior to the tenant’s move into the Home.
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No subleasing is permitted.
E. SIGNS AND DISPLAYS 1. No signs, displays, auxiliary or decorative lighting of any kind are permitted except for those expressly permitted by reference in this Section ‘G’. 2.
“Open House” signs are permitted only on the day before and the day of the Open House. Two signs are permitted, one in front of the Unit and one at the main entrance. The Unit Owner must promptly remove the Open House signs when the Open House is concluded. Open House signs may not be displayed at any other time.
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“For Sale”, “For Rent”, or “For Lease” signs or other window displays or advertising shall not be maintained or permitted on any Common Element or Limited Common Element. One (1) “For Sale”, “For Rent” or “For Lease” sign may be placed inside the Unit in the window. No outside signs of any type are permitted in the mulch areas.
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A Unit Owner may display a Security Decal on the pane of their door, sidelight, transom or window. No security decals or signs are permitted outside in the mulch beds, the Common Elements or Limited Common Elements.
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No Unit Owner may erect, permit or condone the erection of any other sign, banner, bunting, advertisement or notice in, on or about the patio or Unit if visible from outside the Unit without the prior written permission of the Board.
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Unit Owners shall not erect, permit or condone the erection of signs, banners, buntings, advertisements or notices in, on or about the Common Elements.
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One decorative wreath may be displayed on each door or window of a Unit.
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One (1) solar illuminated house number sign per Unit may be displayed in the mulch area or Limited Common Element.
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Up to two (2) statuary or lawn ornaments, one of which can be no taller than 36 inches and the other no taller than 24 inches, on the stoop, patio, deck or in the mulch bed.
10. One birdbath no larger than 27 inches high and 20 inches wide, on the patio or deck or in the mulch bed in the rear of the Unit. Water must be changed regularly. 11. Solar powered walkway lights, up to 12” high and spaced at a minimum of 4’ intervals, are permitted. 12. Trellises and arbors are not permitted. 13. Decorative garden or holiday flags are permitted in the mulch beds subject to the following guidelines: (a) The flag size is limited to a maximum 12” x 18” (b) Only holiday or garden type flags are permitted. The following types of flags are not permitted- sports, racing, school, advertising and the like. (c) The Executive Board will have sole discretion as to whether a flag is appropriate for display or should be removed. F. HOLIDAY DISPLAYS AND DECORATIONS 1. No Christmas, Chanukah, or New Year’s holiday decorations or holiday lights may be displayed on any Unit until after Thanksgiving Day. Holiday decorations shall be limited to the following: (a) Small non-blinking lights, which may only be displayed on trees, shrubs and bushes (b) All lights must be rated for outdoor use. (c) No electric cable or wiring may be placed or laid across any pathway, walkway or sidewalk in any manner which does or may represent a tripping hazard, or which will or may impair the ability of the Association to administer, manage, maintain, repair or replace the Common Elements and/or Limited Common Elements (d) Only electric candles with white non-blinking lights, not more than 10” tall, may be displayed in the windows of the Units (e) One holiday wreath is permitted on each window and door (f) Pine type garland, lighted or unlighted may be used around front/side entry doors, (g) No inflatables or illuminated plastic statues or figurines will be permitted in Common Elements, Limited Common Elements or the mulch beds. (h) Holiday decorations up to 24” high may be placed in the mulch beds or on the Common Elements in front of the mulch beds and cannot extend more than 2 feet out from the front of the mulch beds. (i) All holiday decorations must be removed by January 15th 2.
Decorations may be displayed for other holidays [as identified in (a) below] based on the following guidelines: (a) Valentine’s Day, St. Patrick’s Day, Easter, Memorial Day, July 4 th, Labor Day and Halloween. (b) Decorations cannot make noise. (c) Low intensity lights, rated for outdoor use, may only be displayed on trees, shrubs and bushes and must not be disturbing to your neighbors. (d) One (1) holiday decoration is permitted on each window and door (e) Pumpkin decorations (for Halloween only) may be used, carved, whole or plastic (f) Decorations up to 24” high may be placed in the mulch beds or on the Common Elements in front of the mulch beds and cannot extend more than 2 feet out from the front of the mulch beds. (g) Over-sized decorations, inflatables, mazes and the like are not permitted
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(h) No electric cable or wiring may be placed or laid across any pathway, walkway or sidewalk in any manner which does or may represent a tripping hazard, or which will or may impair the ability of the Association to administer, manage, maintain, repair or replace the Common Elements and/or Limited Common Elements (i) Decorations may be displayed 3 weeks prior to the holiday. (j) Decorations must be removed within 1 week following the holiday. G. ADDITIONAL COMMON AREA USE RESTRICTIONS 1. Catch or detention basins, drainage areas and storm water control improvements are for the sole purpose of controlling the natural flow of water. No personal property, decorations, obstructions, trash, rubbish, cuttings, trimmings or debris shall be placed in these areas or facilities by any Unit Owner. 2.
The Unit Owners use of the Common Elements is subject to the power of the Board to regulate the use of the Common Elements through the adoption and enforcement of Rules and Regulations.
H. FIREPLACES 1. No firewood is permitted to be kept or stored anywhere in the Units, the Common Elements, the Limited Common Elements, the patios or decks at any time. 2.
No wood burning or gas fireplaces are permitted to be installed in any Unit
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Chimaeras, (“Fireplaces”) are permitted on the concrete at the rear of a townhouse if no deck is directly above and is subject to the following guidelines: (a) Only artificial type logs (such as Duraflame or the like) may be burned. (b) Each Unit Owner is responsible for researching and only using artificial type logs approved for their individual Fireplace. (c) No wood may ever be burned in any Fireplace (d) All fires must be contained in the Fireplace by a screen. (e) Fireplaces must never be left unattended (f) The fireplace must be cleaned after each use. (g) The Unit Owner shall bear all costs and expenses for any maintenance, damage, repair or replacement necessitated by their use of a Fireplace, to any portion of their own or any other Unit and/or portion of the Property, including but not limited to any damage caused as the result of ‘floating’ ashes or embers. (h) The Unit Owner will hold the Association harmless and will indemnify the Association against any and all claims arising out of their use of a Fireplace.
I. PET RULES Pets are permitted so long as they are not a nuisance. Actions which will constitute a nuisance include, but are not limited to, abnormal or unreasonable noise, and crying, scratching or unhygienic offensiveness. 1.
All pets must be inoculated as required by law and registered with the Association. Tropical fish are excluded from this limitation. The Executive Board may establish reasonable fees for registration of pets with the association.
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All pets shall be accompanied by a responsible person and are to be carried or leashed. Pets are not to be leashed to any trees or landscape items at any time.
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All pets shall be properly registered with the County and any other appropriate agency.
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Pet owners are fully responsible for personal injuries and/or property damage caused by their pets.
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Pets are not allowed in any areas that have been or may be designated as no pet areas by the Executive Board. Pets are to be walked in areas not immediately surrounding the buildings so that their waste does not damage high impact lawn areas and flower beds. Owners are not permitted to allow their pets to use the center island as a pet relief area.
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All pet owners are to immediately remove any waste deposited on any portion of the property and dispose of it in their own trash.
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Pet owners are responsible for any damage their animals may cause. The cost of repairing any areas destroyed by a pet will be charged directly to the owner of that pet, including reseeding or sodding lawn and replacing plants.
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Any owner of a Permitted Pet on the Property shall be obligated to exercise proper care and custody over the pet to ensure the health and welfare of the other residents of the Property and preservation of the Property.
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No Unit Owner may maintain, raise, breed or keep more than two dogs and two cats within the Unit.
10. No doghouses, dog runs, stakes, invisible fences or animal pens or cages may be installed, erected or used on the Property. 11. The grounds and property in, around and surrounding the Clubhouse, including but not limited to the entire lawn and garden areas, sidewalks, pool and recreational areas, are offlimits for pet walking. J. CONSTRUCTION REGULATIONS 1. Contractors must be accredited with good references and licensed to do business in Lower Macungie Township. All work shall be performed by responsible contractors approved in advance, in writing, by the Association. Any such contractor shall not, in the opinion of the Executive Board, prejudice relationships among contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Property, and if such disturbance shall occur, the Executive Board shall have the right to prevent access to the Property and/or remove such contractor and its employees from the Property. 2.
All contractors must provide the Managing Agent with a Certificate of Insurance naming the Association as an additional insured party, specifying the following coverage: General Commercial Liability – minimum $1,000,000; Workers Compensation – Statutory limits. The certificate must be approved by the Managing Agent before said contractors may begin work in the Property. Neither the Association, nor its Executive Board nor its Managing Agent shall be responsible for any damage or injury caused by such contractor to a Unit or Common Elements.
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At the request of the Association, waivers of mechanics liens signed by the General contractor (and subcontractors and material suppliers if necessary) with proof of recording shall be provided to the Managing Agent prior to commencement of work.
4. Contractors are responsible for removing their construction debris and trash from the Property. No construction debris or materials are to be placed in Common Elements. Contractors must make their own arrangements for removal of construction debris. Dumpsters shall be emptied or changed on a regular basis and in no event shall be left for more than 72 hours when not active in use. 5. Contractors are responsible for repairing or replacing any damage to the Common Elements, Limited Common Elements or Units caused by the construction process. Should the contractor fail to make such repairs in a timely manner, the Unit Owner contracting the construction shall be assessed the costs of the repairs and the Association may act in its discretion to authorize a qualified contractor to make such repairs. 6.
Contractors are only permitted to work in the Property between the hours of 8:00 AM to 6:00 PM Monday to Friday. Any additional hours must be approved in writing in advance
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by the Managing Agent. Contractors must be out of the Property between 6:00 PM and 8:00 AM. 7. Unit Owners will be fined for non-compliance with these rules and regulations. The Association may declare a requirement that an individual Unit Owner post a fund to be held in escrow and used for collection of fines, if in the Associations opinion, the Unit Owner’s contractors have failed, or previously had failed, to abide by these rules and regulations. The unused portion of the fund will be returned to the Unit Owner upon completion of all work or satisfaction of financial obligations. 8.
Each Unit Owner is responsible for requiring their contractors and builders to comply with all legal requirements including, but not limited to, obtaining permits, which must be prominently displayed at the site.
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Unit Owners shall expeditiously complete all alterations without incurring any mechanics or material men’s liens.
10. Use of jackhammers or similar devices must be approved in writing specifically by the Executive Board, which may impose conditions such as timing and hours of such work and requiring a bond to secure liability for damages. At least 48-hours notice to occupants of adjacent Units shall be given each day such work will be conducted. 12. Permits are required for dumpsters to be placed on streets. Only highboy dumpsters may be used. Dumpsters must be kept locked at all times and must be securely tarped each night. The entire work area, including the area surrounding the dumpster must be cleared periodically throughout the day and at the end of each day. 13. Vehicles loading and unloading must be attended to at all times. Vehicles may not park in front of any Buildings or be left idling for any period of time. 14. Exterior changes to the property or alterations to the grounds are prohibited unless prior written approval is received from the Executive Board. 15. No sheds, equipment, pools or other structured may be installed on any part of the Property. 16. Clothes lines and outside drying of laundry or pool towels are prohibited. 16. Other than house numbers and small decorative signs indicating the resident’s name, no sign may be erected by any owner or occupant without prior written approval of the Executive Board. Open house signs are permitted on the day of an open house only. K. WORKING CAPITAL CONTRIBUTION 1. A working capital contribution to the Association equal to two (2) months assessments for the fiscal year of the Association in which the title to a Unit is assigned, conveyed or transferred shall be payable by the person, persons or entity taking title to a Unit at the time of assignment, conveyance or transfer of the title. The working capital contribution shall be disclosed in all Resale Certificates issued by the Association in accordance with Section 3407 of the Pennsylvania Uniform Condominium Act. 2.
The working capital contribution is non-refundable
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The working capital contribution is an assessment and constitutes a lien against the Unit, and shall be the personal obligation of the new Unit Owner.
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No working capital contribution shall be payable upon a purely gratuitous transfer between spouses, domestic partners, former spouses, parent and child, siblings, or grandparent and grandchild, or a trust for the benefit of any of them. A gratuitous transfer is a transfer of the title to a Unit to one of the persons identified above for no consideration of benefit. It shall be the obligation of the new Unit Owner who is asserting that he, she, it or they have received title to a Unit through a gratuitous transfer of the title to provide the Board with
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copies of the deed, settlement sheet or HUD 1 form, transfer tax form and the affidavit of the new Unit Owner, demonstrating that there has been a gratuitous transfer of the title to a Unit. The Board shall have the power to make the determination of whether a gratuitous transfer has been made. L. SANCTIONS 1. SCHEDULE First Offence Reprimand / warning Second Offence $ 50.00 Fine Third Offence $ 100.00 Fine Fourth Offence $ 200.00 Fine Fifth Offence $ 500.00 Fine Sixth Offence $1000.00 Fine Any such fines per day or per occurrence, as the Executive Board deems appropriate. 2.
Fines shall be payable within ten (10) days of notice to Unit Owner and shall constitute assessment liens as provided by the Pennsylvania Condominium Act. Fines not paid in a timely manner are subject to offset and satisfaction as provided in paragraph 3 below.
3.
Any funds received from any Unit Owner, including but not limited to monthly maintenance fees paid to the Managing Agent, shall first be applied to any delinquent outstanding fines against that Unit Owner or Unit. Should any funds remain after any funds are deducted to offset and satisfy delinquent outstanding fines, those funds would then be applied to that Unit Owners monthly maintenance fees. Each Unit Owner is responsible for making sure their monthly payment is sufficient to cover their monthly maintenance fee and any fines that may have been imposed upon them. Should any Unit Owner’s payment not be sufficient enough to cover the total sum of any outstanding fines plus their monthly maintenance fee, and as a result of funds being deducted and applied first to outstanding fines, there is a possibility the remaining funds may not be sufficient to cover the Unit Owners monthly maintenance fee and may result in the Unit Owner being in arrears of their monthly maintenance fee and subject to late payment surcharges.
4.
The Executive Board may also require a repeat offender to deposit with the Association a Special Security Deposit of up to $1000.00 to protect the Association and its members against future violations.
5.
The Unit Owner shall indemnify the Unit Owners Association against any damages, liability, penalty, sanction, late fees, surcharges and the like, which the Unit Owner may incur as a result of any imposed Sanctions against that Unit Owner or the offset and satisfaction of Sanctions as permitted in paragraph 3 above, and any consequences thereof.
M. ADDITIONAL PLANTS AND PLANTINGS IN MULCH BEDS, COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 1. Planting of bulbs, perennials, and annual flowers is permitted only in mulch beds adjacent to the Units. The Unit Owner must properly maintain them. 2.
Only live plants are permitted.
3.
It is the homeowner’s responsibility to water any plants surrounding their unit.
4.
Up to three (3) potted plants, no more than 18” in diameter each (largest dimension) are permitted on the patio or deck or in the mulch beds adjacent to the Unit.
5.
The planting of fruit and vegetable plants is prohibited.
6.
Two single Shepard hooks or one double Shepard’s hook, holding one (1) or two (2) hanging plants in the mulch bed, per Unit
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N. THE POOL 1.
Only HOA members with currently paid dues can enter the pool area.
2.
Swimming is allowed when a lifeguard is on duty.
3.
Current pool passes must be shown when entering the pool area. If no one is checking, random checks will be conducted during the day.
4.
No running, diving, horseplay, or loud noises are allowed
5.
Pets are not allowed in the swimming pool or gated area around the pool.
6.
Anyone in diapers, swim pants or who is not toilet trained must use the baby pool
7.
An adult resident must accompany children under the age of 18, and must physically accompany those under the age of 8 in the water.
8.
Residents may bring their own chairs and must take them home again (no storage allowed)
9.
No reserving of chairs is permitted.
10. No smoking. 11. Food and snacks are allowed on the concrete and grass area in and around the pool area but not in the pool itself. Beverages are allowed both by the pool and inside the pool and may be placed on the side coping while you’re in the pool. All food, beverage and snack containers, etc. must be made of paper, plastic, cardboard or similar material. All food, beverages and snacks should be cleaned up before you leave the pool area. 12. Glass containers of any type (cups, plates, serving trays, etc.) and chewing gum are not allowed anywhere in the pool area. 13. No skinny dipping or chunky dunkin’ allowed. 14. Only authorized service personnel are permitted access to the pool pumps house or to make any changes or adjustments to any equipment. 15. Each Unit is permitted four (4) people including guests at a time to use the pool. The Unit Owner must accompany their guest to the pool and remain present at all times while their guests are in the pool. Each Unit owner is responsible and accountable for his or her guest’s actions while in the pool area. O. THE CLUBHOUSE 1. Any resident entertaining guests in the Clubhouse must remain with those guests at all times. No guests are to be left unattended in the Clubhouse at any time. 2.
Each Unit Owner is responsible and accountable for his or her guest’s actions while in the Clubhouse or on any of the Penn’s West Property, including but not limited to any damage caused by their guests.
3.
Clubhouse functions are: (a) Generally open to residents only; however selected events may be open to outside guests in the event not enough residents sign-up. (b) Under very select circumstances outside guests may be permitted at a resident only function; however a request must be made in advance to the Chairperson of the Committee sponsoring the event.
4. There is NO SMOKING in the Clubhouse at any time. The host resident is responsible for making sure their guests only smoke in designated areas.
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5.
The Clubhouse is available for rental to the residents only, subject to certain guidelines as outlined in the Clubhouse Rental Agreement, a copy of which can be obtained by contacting the Clubhouse Rental Manager or Agent. The host resident will be required to agree to all of the terms and conditions of the Clubhouse Rental Agreement and to supply the manager with an insurance liability policy, secured through his or her own carrier, in order to rent the Clubhouse.
P. SNOW AND INCLEMENT WEATHER 1. The snow plowing company will only plow those driveways without vehicles. If there is a vehicle in the driveway, the driveway will not be plowed. If the forecast is for snow and you would like your driveway plowed you must make sure your vehicle is in the garage. 2.
No driveways will be hand shoveled by the snow contractor. Any member whose driveway is not plowed because a vehicle was in the driveway while the snowplow company was plowing will be responsible for clearing their own driveway or having it cleared at his or her own expense.
3.
Each Unit Owner is responsible for removing their garden hoses from the outdoor spigots when the ‘frost’ season approaches. The Association is not responsible for any damage caused as the result of a garden hose being left on the spigot and freezing and causing damage to the pipes, plumbing and/or structure. Any resulting damage is the sole responsibility of the Unit Owner.
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