-->

ASBURY PINES

 

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

 

            THIS DECLARATION, made on the _________ day of ________________, 2005, set forth by ASBURY PINES PARTNERS, LLC, a Pennsylvania limited liability company, hereinafter referred to as DECLARANT.

 

W I T N E S S E T H :

 

            WHEREAS, DECLARANT, is the owner of a tract of real estate located in the Township of East Manchester, County of York, Commonwealth of Pennsylvania, which is more particularly described as follows: All that certain tract of land as shown on a Final Subdivision Plan of DECLARANT, titled Asbury Pines, prepared by Stallman & Stahlman, Inc. and recorded in Office of the Recorder of Deeds in and for York County, Pennsylvania in Plan Book _____, page _____ on ____________, 20___.

 

            WHEREAS, a copy of the first page of said Plan is attached hereto, incorporated herein, and identified as Exhibit “A;” and

 

            WHEREAS, DECLARANT has additional contiguous land also in East Manchester Township, York County, which said land may be brought under the purview and jurisdiction of the Asbury Pines Homeowners’ Association in the future; and

 

            NOW, THEREFORE, DECLARANT hereby declares that all of the lots as described shall be held, sold, and conveyed subject to the following restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of the real property, and which shall run with real property, and be binding on all parties having any right, title or interest in the lots described or any part thereof, and further shall be binding upon their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

 

 

ARTICLE 1

 

ASBURY PINES HOMEOWNERS’ ASSOCIATION

 


 

            1.  Creation.  There shall be and hereby is created an organization of all owners of property in ASBURY PINES, the name of which shall be Asbury Pines Homeowners’ Association.

 

            2.  DECLARANTR17;S Membership.  The DECLARANT, its successors and assignees shall be a member of the Association so long as it shall be the record owner of a fee or equitable interest in any lot or piece of land in ASBURY PINES.

 

            3.  Membership.  The owner(s) of each lot in ASBURY PINES shall be a member of the Association, and each lot shall be given one (1) vote in all proceedings of the Association.   There shall be a one-time membership fee of Two Hundred ($200.00) Dollars due from purchaser(s) when first the lot is purchased from DECLARANT.

 

            4.  Annual Assessment.  Initially each lot shall be assessed an annual fee of One Hundred ($100.00) Dollars.  The amount of said annual assessment after the first year shall be as determined each year by the Board of Directors.  The annual assessment is due in full on January 1st of each year.  Upon any resale of a lot, it shall be the responsibility of Seller and Buyer to handle the pro ration of any assessment paid.  Attached hereto as Exhibit “B” and incorporated herein by reference in its entirety is a sample budget showing how DECLARANT presently believes the annual assessment will be allocated.  This is used for illustration purposes only and is not binding on DECLARANT.

 

            5.  Special Assessments.  In addition to the annual assessment, the Board of Directors of the Association may levy any special assessment which shall be necessary to meet costs of any item of construction, repair or maintenance.

 

            6.  Purpose of Assessment.  The annual assessment and any special assessment levied as hereinabove provided shall be used exclusively for the purpose of paying for maintenance of the detention pond and general administration of the Association of ASBURY PINES.

 

            7.  Third Party Beneficiary.  The performance of all duties and obligations of the Association as set forth herein, and as set forth in the By-Laws of the Association, shall run to the benefit of East Manchester Township.  As such, East Manchester Township shall have the absolute right to demand performance of all the duties which the Association is responsible for performing.  In such event East Manchester Township shall have both the same legal rights and powers as does the Association as set forth in paragraphs 11 and 12 hereinafter, and also the rights and powers as set forth in Article 3 hereinafter.

 

            8.  Board of Directors.  The levying and collection of the assessments and the

disposition thereof together with the general management functions of the Association shall be conducted by a Board of Directors, whose membership shall be determined as follows:

 

                        A.   Until such time as fifty (50%) of the lots have been sold by DECLARANT to third parties, the Board of Directors shall consist of one (1)  member, said member being DECLARANT.  Thereafter, until such time as eighty (80%) percent of the lots have been sold by DECLARANT to third parties, the Board of Directors shall consist of three (3) members, two (2) of those three (3) members will be representatives of the DECLARANT.  When eighty (80%) of the lots have been sold by DECLARANT to third parties, only one (1) of the three (3) Directors will be a  representative of the DECLARANT.

 

                        B.  When all of the lots have been sold by DECLARANT to third parties, the  membership of the Board shall be increased to five (5) members, none of which shall be representatives of DECLARANT..

 

                        C.  At all times the term of a member of the Board of Directors shall be one (1) year.  Directors may be re-elected for a maximum of three (3) consecutive terms.

 

            9.  Duties of the Board of Directors.  The Board of Directors shall have the responsibility for the collection of the regular assessment hereinabove provided as well as the levying and collection of any special assessments.  The Board of Directors shall be charged with the duty of supervising and enforcing the covenants and restrictions herein contained.

 

            10.  Creation of Lien and Personal Obligation.  The DECLARANT for each lot owned by it within the properties hereby covenants and each owner of any lot, shall be deemed to covenant and agree to pay the Association: (a) annual assessments of charges; (b) special assessments for capital improvements as herinabove provided.  The annual and special assessments, together with such interest thereon and cost of collection thereof, including reasonable attorney’s fees, as hereinafter provided, shall be a charge on the land and shall be continuing lien upon the property against which each such assessment is made.  Each such assessment, together with such interest, costs and reasonable attorney’s fees also shall be the personal obligation of the person who was the owner of such property at the time when the assessment fell due.

 

            11.  Effect of Non-Payment of Assessment.  If the assessments herein provided are not paid on the date when due as fixed by the Board of Directors then such assessment shall become delinquent, and shall upon the election of the Board of Directors to declare the entire assessment due and payable together with such interest thereon and the cost of collection as hereinafter provided, thereupon becoming a continuing lien of the property which shall bind such property of then owners, his heirs, devises, personal representatives, successors and assigns.  The personal obligation of the owner to pay

such assessment shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them.

 

            If the assessment is not paid as provided above, the Board of Directors may at its option, declare the entire assessment due and payable.  In such event the assessment shall bear interest from the date of delinquency at the rate of twelve (12%) percent per annum and the Association may foreclose the lien against said property or may bring an action at law against the individual or entity personally obligated to pay the same.  Such action shall be cumulative and neither shall preclude the other.  There shall be added to the amount of such assessment the costs of suit and attorney’s fees predicated upon the rate of ten (10%) percent of assessment and accumulated interest.

 

            12.  Subordination of Lien to Mortgage.  The lien of the assessments hereinabove provided shall be subordinate to the lien of any first mortgage placed on the property subject to the assessment.

 

            All funds received by the Board of Directors of the Association shall be deposited in a specified account in a Federal or State charted financial institution, and disbursed only for the purposes as provided in this Agreement upon approval of the Board of Directors.

 

ARTICLE 2

 

RESTRICTIONS AND PENALTIES

 

            1.  Restrictions.  The following restrictions shall apply to all lots located within ASBURY PINES:

 

            A.  No building shall be erected for, or used for any purpose other than a single family residential dwelling.

 


 

            B.  Modifications to the exterior appearance are not permitted without the prior written approval of the Board of Directors.

 


 

            C.  No sign except for one “For Sale” sign is permitted, and it must be of a size permitted by the East Manchester Township Zoning Ordinance.

 

            D.  Permanent laundry lines are prohibited.  Umbrella type laundry lines may be used to the rear of the property, but must be taken down at night.

 

            E.  Recreation vehicles (including, but not limited to, boats, trailers, motor homes, and snowmobiles) are prohibited from being parked anywhere outside on the property. 

 

            F.  Antennas are prohibited except for eighteen (18") inch or smaller satellite dishes.

 

            G.  All storm drainage facilities, swales, terraces, diversions and ditches constructed for the control of storm water runoff, which shall be collectively referred to as stormwater facilities, shall be maintained by the Association.  Lots adjacent to drainage facilities will be subject to appropriate easements to allow property maintenance and mowing of the facilities.

 

            H.  The Association is responsible for maintenance of the detention pond area(s) and the mowing of open spaces as such are identified on the Subdivision Plan.

 

            I.  Fences, sheds, and swimming pools, whether above-ground or in-ground, are not permitted without the prior written approval of the Board of Directors.  If approval is granted by the Board of Directors, no such improvements may be constructed which would affect the proper function of stormwater facilities.  It is the duty of each homeowner to ascertain the location of stormwater management facilities on his or her lot before constructing any approved improvements.

 

            J.  Any fence to be erected following written approval of the Board of Directors must be white vinyl picket, with a maximum height of three (3) feet, and at least three (3) inch spacing between pickets.  Fences must be at least three (3) feet back from any property line, and must also  conform to the requirements of the East Manchester Township Zoning Ordinance.  Fences can be placed no further front on a lot than the rear wall of the home.

 

            K.  The homeowner is responsible for all snow plowing of driveways and shoveling of sidewalks on their property.

 

            2.  Penalty For Non-Compliance.  In the event a property is found by the Board of Directors of the Association to be in violation any of the restrictions set forth hereinabove, written notice of such violation shall be mailed to the owner of record of the lot.  The lot owner shall thereafter have twenty (20) days within which to correct the violation of restriction.  If it is not corrected within twenty (20) days, a penalty of Twenty-five ($25.00) Dollars per day shall be assessed against the lot.  This penalty will result in a lien against the lot using the lien creation procedure set forth in the Asbury Pines Homeowners’ Association By-Laws.  As such, the lien, together with interest at the rate of twelve (12%) percent per annum thereon, and the cost of collection thereof, including reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such penalty is made.  Any such penalty lien, together with such interest, costs and reasonable attorney’s fees also shall be the personal obligation of the person who was the owner of such property at the time the penalty was levied.

 

 

 

 

 

 

 

ARTICLE 3

 

RIGHTS OF EAST MANCHESTER TOWNSHIP

 

2.                  Right of Township to Enter and Repair.  In the event that these Covenants

 

which relate to the ownership or maintenance of stormwater facilities of any kind as set forth in Article 2, paragraphs 1G. and H. of these Covenants or other public improvements, the Code of the Township of East Manchester (Township’s Code), or Ordinances of East Manchester Township (Township), rules, regulations, or conditions of subdivision approval, or other local, state, or federal statutes or regulations are violated, or alleged to be violated, then, if the Township or other governmental entity was required to correct any breaches or violations, after notice as set forth in this Article, the Township shall have recourse against both the Association and every owner of a lot in the subdivision, including the DECLARANT and any homebuilders or other agents designated by the DECLARANT, notwithstanding any other provisions of these covenants.  Such recourse shall include, but not be limited to, suits in law or equity, assessment against each lot, and/or the filing of municipal liens against each lot in the subdivision.  Such assessments or liens against each lot shall be on a prorated basis, determined by the total cost to the Township or other governmental entity of its enforcement, including costs and attorney’s fees, divided by the total number of lots as set forth in any approved final subdivision plan, and, in the event a final plan has not been approved for a particular phase, the number of lots shown in the preliminary subdivision for such unapproved phases, which shall be assessed against the DECLARANT or such other owner of record of the undeveloped portions of the subdivision at the time of the lien.  Each such assessment or lien shall be satisfied against that lot when the amount of the assessment or lien attributed to that lot is paid in full, and, for any unimproved lot against which a lien has been placed, no final subdivision approval shall be granted, or building, sewer, or zoning permits issued for any such lot until such time as all municipal obligations or liens have been satisfied in full.  In the event that the Association pays some, but not all, of the funds due, then that amount will be applied to reduce the assessment or lien against each lot equally.

 

2.                  Notice Required.    Before the Township can assess or place a lien against

an individual lot, the Township shall first send notice of the cause of the assessment, or the violation, to the person designated by the DECLARANT or the Association in paragraph 3 of this Article, which notice shall give the Association forty-five (45) days from the date of the notice to cure the violation or otherwise address the assessment.  In the event that, after the expiration of that time, the Association has not resolved the issue to the satisfaction of the Township, the Township shall then have the option, in its sole discretion, to notify each lot owner of the assessment or violation, which notice shall be mailed to the lot owner of record as shown in the most current Township property tax records.  Such notice shall include a copy of the original letter mailed to the Association, and shall further advise each lot owner of the Township’s right to pursue action against the individual lot owners, and assess them or place a lien against their property, as well as the availability of other legal remedies, unless the breach or violation is cured.  Such notice shall give the lot owners a minimum of sixty (60) days in which to cure the breach or correct the violation.  If the breach or violation is not cured within the time provided by the Township, then the Township shall have the right without further notice to cure any breaches or violations, and recover the costs of such cure or correction, including costs and attorney’s fees, as set forth in this Article and the laws relating to the placement of municipal liens.  The time given in this paragraph to cure such breach or correct such violation may be shortened by the Township if in its sole discretion it determines that such breach or violation constitutes an immediate risk to the health, safety or welfare of the public or a portion of the public, in which case the Township shall give such notice as it deems appropriate under the circumstances, including no notice in the event it deems that an immediate cure or correction is necessary.

 

3.                  Content of Notice; Contact Person.      For the purpose of any notices

which may be required to be sent by the Township to the Association, the DECLARANT shall provide to the Township the name, address and telephone number of the contact person for the Association.  The Association may from time to time update the contact person by so notifying the Township in writing.  However, the most current name, address and telephone number provided by the DECLARANT or the Association to the Township shall be presumed for purposes of these Covenants to be the then-current contact person for the Association, and delivery of such notice by the Township to that contact person shall entitle the Township to a presumption that the Association has been formally  notified.  Delivery shall be accomplished by mailing such notice by first class mail, postage prepaid, or other method of mailing selected by the Township, or by hand delivery by the Township to the address specified on such notice.  Once notice has been delivered pursuant to this paragraph, the Association shall be precluded from raising lack of notice as a defense to any actions taken or bought by the Township against the Association or any owner, including the DECLARANT.

 

4.                  TownshipR17;s Right of Use of Easements.         The Township shall at all

times have the right to use any and all storm, sewer or other easements shown on the plans to access, maintain or repair any stormwater detention or collection facilities as set forth in Article 2, paragraphs 1 G. and H. of these Covenants or any other public improvements, and the DECLARANT and the lot owners hereby authorize the Township or any representative of any local, state, or federal agency, or their designated representatives, to enter onto any such lots at any time for purposes of inspection of the stormwater detention facilities or any other public improvements, to investigate complaints, to assure compliance with the relevant portions of these Covenants, and the Code,

 

 

 

Ordinances, rules and regulations of the Township, or of any local, state, or federal laws

or regulations, or to make any necessary repairs or perform any necessary maintenance of stormwater facilities of any kind as set forth in Article 2, paragraphs 1 G. and H. of these Covenants or other public improvements, pursuant to this Article.

 

            IN WITNESS WHEREOF, DECLARANT has caused this instrument to be duly executed, the ________ day of _____________________, 2005.

 

 

WITNESS:                                                     DECLARANT

                                                                        ASBURY PINES PARTNERS, LLC

 

 

___________________________           By:___________________________________

                                                                        Mark E. Will, Partner

 

                                                            By:                                                                     

                                                                                    Craig E. Hesson

 

                                                            By:                                                                      

                                                                                    Dereck Hench

 

COMMONWEALTH OF PENNSYLVANIA :

                                                                          : ss:

COUNTY OF YORK                            :

 

            On this, the _______ day of ___________________, 2005 before me, the undersigned officer, personally appeared Mark E. Will, Craig E. Hesson and Dereck Hench, Partners of Asbury Pines Partners, LLC, who acknowledged Asbury Pines Partners, LLC to be the Declarant, and that they as such Partners and being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing their names.

 

            IN WITNESS WHEREOF, I have hereunto set my hand and seal.

 

                       

                                                                                    _____________________________

                                                                                    NOTARY PUBLIC


 

EXHIBIT “A”

 

{Attach copy of 1st page of Plan}


 

EXHIBIT “B”

ASBURY PINES HOMEOWNERS’ ASSOCIATION DECLARATION

 

 

 

                                    Administration:                                  $   25.00

                                    Common Ground Maintenance       $   75.00

 

                                    Total Assessment:                            $ 100.00 Annually

                                               


header.htm 6.2 kb