Swatara Village Exhibit I

8/3/2019 Swatara Village Exhibit I

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Introduction

Exhibit II

AMENDMENT '1'0 DECLARATION

.J * - : - 1his Amendment to Declaration made this cli.-of ~"::_ ....~!]../1994 by Aldick Associates, Inc. a corporation organize andexist.ing under the Laws of the Commonwealth of Pennsylvania havinga principal place of business place at 100 swatara Drive, swatara

Village, Pine Grove Township Schuylkill county of Pennsylvania(hereinafter the "Declarant").

The Declarant has executed and caused to be recorded in theOffice for the Recording of Deeds for Schuylkill County,Pennsylvania (the "Recorder's Office") a certain NDeclaration ofCovenants and Easements, Conditions and Restrictions" dated May12, 1993 (the "Declaration"). The Declaration appears inMiscellaneous Book 322 at page 1 in the Recorder's Office. AnAmendment to the Declaration dated June 16, 1994 has been executedand recorded in Miscellaneous Hook 324 at page 220.

section 12.5 of the Declaration provides that, subject tocertain conditions, the Declaration may be amended. The followingamendments to the Declaration were approved and adopted by themembers of the Swatara Village pr~er~y 9wners Association at aspecial meeting duly convened on ~~~_2j, 1994. TheDeclarant wishes to amend the Uecl ration and has executed thisdocument for that purpose.

Tprm~ of Ampndments to Declaration

1. First Amendment to the Declaration - Introduction-._----_--_._-VIII tQl .ection

Section VIII{D) of the Introduction is amended to removethe text that is interlined and add the text that is underlined.

"The Declarant intends, and the By-ldWS so provide,that the cost to the Association of administering theAssociation, performing the functions of the Associationdescrjbed herein, and enforcing the Declaration (the ffcommonExpenses*) shall be paid or defrayed by assessments to beimposed unifoF~ against all Owners of Improved Lots (an"Improved Lot Common Expense Assessment."), includinq thp

Declarant's Improved Lots, dnd by assessments uniformly on allOwners of Vacant Lots, other than Vacant Lots owned by theDeclarant, all as provided in this Declarant (a "Vacant LotCommon Expense Assessment"). ~_!1-_~mprQ_ved_ot .f~1!l!1l_on_;';E~ns_~Assessments ~nd all Vacant__l:2.1:ommon E~pense Assess_mentsshal1£_e_ uniform within su~Q_..;.!i1.§sesf membersh.!£._C\s__: _ l 1 _ ~

Association may establish_.!~~cco;:dance with th~-Laws~~!:~be non-uniform amo~._different:_classes.

2.

12.5.Second Amendment to the Declaration - section---------------------------------"--

section 12.5 of the Declaration is amended to add the text

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II .J

that is under lined.

section 12.5 Amendments

KThis Declaration may be amended at any time after thedate hereof, by vote of at l ea st t wo -t hi rd s (2/3) of theMembers, at any duly called meeting, upon thirty (30) dayswritten notice to every Member of the exact language of theamendment in advance, provided however, no amendment may beeffective which (i) would permit any Member to be exemptedfrom the payment of any Common Expense Assessment; (il) wouldchange the share of Common Expense Assessment appurtenant toeach Dwelling unit or Lot owned b Members within an classof membership approve~ by the Board or D rectors inaccordance with the By-Laws; (iii) modify any easements orrestrIctIons set forth in Article III and Article IV hereof;

(iv) would provide for the conveyance of the CommonFacilities or the Common Areas or any interest therein,except a utility in accordance with Section 4.5, to anyPerson, or (v) would modify the rights of the Township in anymanner, without the express written consent, hy ordinance orotherwise, of the Township. Additionally, if any amendmentis necessary in th~__judgment of the Board of Di!:~ctors tocure any amb~g~jty or to correct or supplement any provisionof this Declaration that is defective, missing orinconsIstent with_any other erovision hereof t or with law ort :h e By -L aW S, o r if such amendment is necessary to conform toLhe requirements of any reputable title insurance comp<\n:tIrIorder to issue title insurance coverage with respect tothe Land or any Lot or Dwelling Unit located therein or Ifsuch amendment is neoessa_IT to confirm to the requl.rements of

the Federal Natlonal Mortgage Assooiatlon or Federal Home ----Loan Mortgage Corporation to induce lenders or purchasers tomake or purchase mortgage loans on the Lots or Dwelling Unitslocated in Swatara Villa e then at an time and from tImeto t me the Board of Dlrectors may execute an approprlatecorreotive amendment without the a royal of the MembersuEon receipt by the Board of Directors of an op nion frominde endent 1e a1 counsel to the effect that- the- p roposedamendment s perm tted by the terms of this sectIon •provided, further, no amendment which effects any rights orobligations of the Declarant hereunder shall be effectivewithout the consent and joinder of the Declarant. Ana me nd me nt m ad e by an agreement signed and acknowledged by allof the Members, in the manner required for the exeoution of a

deed, may modify any provision hereof, except the rights ofthe Township, which may only be modified in the manner setforth above. No amendment shall become effective until thesame is recorded in the Recorder's Office.

2

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I I

3. Third Amendment to the Declaration - Addition of Newsection 3.13.

A new section 8.13 would be qdded which would provided

as follows:

-8.13 Non-Uniform Shares of Common E~ense Assessment AmongClasses of MembershIp Establ~shed In Accordance with. the~_:-LaWs .

NNotwithstanding anything to the contrary containedherein, the Association, by its Board of Directors, mayestablish classes of membership in the Association based on

any lawful distinction between or among such classes,including distinctions based on the date when any Memberbecame the owner of record of a Lot. The Board of Directorsmay also establish, from time to time, a schedule or scheduleof Common Expense Assessments in which Common ExpenseAssessments imposed on one class of membership are more .orle.ssthan Common Expense Assessments charged to another classof membership. Provided, however, that no such non-uniformSChedule of common Expense Assessments may be establishedwhich would impose a higher Common Expense Assessment on aMember in a class of membership determined by reference toone date that is higher than the Common Expense Assessmentimposed on a Member in a class of membership determined byreference to a later date,-

4. Amendment to By-LaWs,

The By-LaWS of the Association are attached to the Declarationas Exhibit Ne

N, The following amendment to the By-LaWS, by virtue

of which new Section 5.12 was added, was adopted by the members ofthe swatara Village Property owne~..' ~o/soclation at the dulyconvened special meeting held on~.iS'Lv_/Lf '_,JI'_:b_L I 1994:

NS,12 Non-Uniform Common Expense Assessments Among Classesof Membership in the Association . -_

Notwithstanding anything. to the. contrary containedherein, the Board of Directors may establish lawful classesof membership, and a schedule of COll\lllonxpense Assessments,

in Which the amount of Common Expense Assessments are notuniform or proportionate among all Lot Owners. Provided,however, that no Members of a class of membership establishedwith respect to the date on which the Members of that classbecame owners of their IDts shall be assessed a higher Common

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BY:

. .

~~ t£12c:( G"c- /e /C. RONALD GILL, President

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Expense Assessment than the Common Expense Assessment imposedupon Members of any class who became record owners of theirLots on a later date.H

5. Limited Effect.

Except to the extent expressly provided herein, theDeclaration and By-Laws shall not be modified and shall remain infull force and effect.

ALDICK ASSOCIATES, INC.

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SS.

Exhibit IICOMMONWEALTH Of PENNSYLVANIA

COUliTY OF SCHUYI~KILL

On this ) / ) 1 1 / day of SjXi::"Mt.." 1994, before me, a not.a ry

public, the undersigned officer, personally appeared C. RONALD

GILL, who acknowledges himself to be the President of ALDICK

ASSOCIATES, INC., a Panncylvania corporation, ~nd that he as such

officer, being authorized to do SO, executed the foregoing

instrument for the purposes therein containe.d by signing Lhe name

Qf the corporation by himself as such officer.

IN WITNESS WHEREOF, I have hereunto set my hand and official

, ,(~,~\, .:rl <'\ n......v.' U I),.... / i j ,~

Exhibit l.pdf

Swatara Village Exhibit I

Documents

Transcript of Swatara Village Exhibit I