NEVILLEWOOD HOMEOWNERS’ ASSOCIATION
RECOMMENDATIONS OF AD HOC COMMITTEE
COVENANTS, CONDITIONS AND RESTRICTIONS
Article I – Definitions
·
Revise defined term “Architectural Control Committee” to
“Architectural Review Committee”;
·
Add defined term ”Board” which means the Board of Directors
of the Association; and
·
Add defined term “Declaration” which means the Declaration
of Covenants, Conditions, and Restrictions made as of December 21, 1990 by
Nevillewood Associates L.P., a Pennsylvania limited partnership, as
heretofore or hereafter amended, modified or supplemented.
Article II – Administration of Restrictions
·
Delete first paragraph of current Article II;
·
Add new first paragraph stating: “The Class B Member
Control Period has previously terminated by its terms as set forth in the
By-Laws. As such, the administration of the restrictions in this
Declaration and any Supplemental Declaration, originally reserved to
Declarant, shall be vested in the Board, acting on behalf of the
Association. Accordingly, the rights of the Declarant, as set forth
in Articles II through XIII and Article XV of the Declaration shall belong
to the Board, and the use of the word “Declarant” in each instance therein
shall be deleted and replaced with the words “the Board”, except as
otherwise indicated or unless the context requires otherwise”; and
·
Change “Declarant” to “the Board” in the second paragraph of
Article II.
Article III – Architectural Control, Contractors
·
Section 3.5 – Contractors. In the third sentence to
Section 3.5, delete the words “with Nevillewood Realty, Inc.”
Article V – Landscape Control
·
Section 5.1 – Add new sentence at end to read as follows:
“Landscape Plans submitted by an Owner for approval shall specify both the
identity and size of all species included in any proposed landscaping; and
·
Section 5.5 – Time. Add new sentence to read as
follows: “The Board shall have the power to require posting by an
Owner of a performance bond in the amount of $5,000 for the completion of
landscaping, which includes the installation of the required number of
street trees, mailbox, lamp post, address numbers on house and mailbox,
germinated lawn, irrigation and restoration of all adjoining properties,
which must be posted prior to the request for a final inspection and
issuance of an occupancy permit.”
Article VIII –
Architectural Provisions
·
Section 8.14 – Outbuildings and Outdoor Recreational
Equipment.
·
Delete second sentence in its entirety.
·
Section 8.16.
·
Revise heading to read “Swimming Pools and Tennis and Other
Sports Courts”;
·
Revise third sentence of Section 8.16 to include the phrase
“and other sports” immediately after the word “tennis” and immediately
before the word “court” on the 11th line of Section 8.16;
·
Sections 8.14, 8.15 and 8.16. Change all references to
approvals by the “Declarant” to approval of “the Architectural Review
Committee”; and
·
Section 8.18 – Outdoor Lighting/Mailboxes. Delete
third sentence in its entirety.
Article XIV –
Nuisances
·
Section 14.3. Add the phrase “or homes, and security
and no solicitation signage” immediately after the phrase “except approved
signs advertising the sale of Lots,”;
·
Section 14.8. Add the phrase “exceeding one (1) meter
in diameter”, immediately following “satellite dish receiver antennae”;
·
Section 14.20. Delete in its entirety;
·
Section new 14.24. Add provision which reads as
follows: “any solicitation of residents of the Nevillewood community
without prior approval of the Board”; and
·
Add new Section 14.25 to read as follows: “Any other
condition that reasonably interferes with the purpose expressed in this
Article XIV”.
Article XVI – Property Rights
·
Delete the phrase “Except as hereinafter set forth,” in the
second sentence of the second paragraph.
Article XXI –
Rights and Obligations of the Association
·
Section 21.4 – Rules and Regulations. Replace the
second sentence of Section 21.4 to read in its entirety as follows:
“The Board shall have the power to enforce any provision of this
Declaration, any Supplemental Declaration, the Bylaws or any rule or
regulation promulgated by the Board in the manner set forth in
Article III, Section 20 of the Bylaws, including but not limited to
imposition of sanctions, including reasonable monetary fines and
suspension of the right to vote”.
Article XXII – Assessments
·
Section 22.4 – Maintenance Assessments. Delete second
sentence and replace with the following sentence: “Maintenance
Assessments may be levied upon any Lot if the Owner fails to keep the
exterior of the dwelling unit in proper repair, including but not limited
to painting, roofing and pavement and the maintenance requirements set
forth in the Nevillewood Design Guidelines.”
Article XXIII – General Provisions
·
Section 23.2. Revise requisite percentage in the third
sentence of Section 23.2 from “seventy-five percent (75%) of the total
votes of the Association” to “at least two-thirds (2/3) of the total votes
entitled to be cast by all Members of the Association”.
Article XXV – Country Club
·
Article XXV – Country Club. Delete in its entirety.
BY-LAWS
Article II, Section 3 – Annual Meetings
·
Add a new third sentence to the end of Section 3 which reads
“No business shall be transacted at an annual meeting except as stated in
the notice of such meeting”.
Article II,
Section 7 – Adjournment of Meetings
·
Delete the phrase “to a time not less than five (5) nor more
than thirty (30) days from the time the original meeting was called”, and
replace with the phrase “to any other time as permitted under applicable
law”.
Article II,
Section 11 – Quorum
·
In the first sentence of Section 11, delete the phrase “a
majority of the total votes in the Association” and replace with the
phrase “at least twenty percent (20%) of the total votes of the Members
entitled to vote”.
Article III,
Section 20 -- Enforcement
·
In subparagraph (a) – Notice.
·
Reduce the period of time in (iii) and (iv) from ten (10)
days to seven (7) days;
·
Delete the phrase in (iii) – “Covenants Committee, if any,
or”;
·
Impose a 14 day period from the expiration of the notice
period in subparagraph (a) for which the hearing contemplated by
subparagraph (b) shall occur; and
·
Eliminate subparagraph (c) – Appeal Rights.
Article VI –
Amendment of By-laws
·
Revise requisite percentage for amendment in the third
sentence from seventy-five (75%) of the total votes of the Association to
“at least two-thirds (⅔) of the total votes of the Association.”
NEVILLEWOOD
DESIGN GUIDELINES
·
Change name from “Nevillewood Design Guidelines” to
“Community-Wide Standards”; and
·
Revise “Architectural Control Committee (“ACC”)” to
“Architectural Review Committee (“ARC”)” in each instance throughout the
document.
I. The
Design Guidelines
·
Delete the three paragraphs currently under I – The Design
Guidelines and replace with the following:
I. – General. The Nevillewood Community-Wide Standards
(“Community-Wide Standards”) set forth certain rules and regulations
established by the Association pursuant to Article XXI of the Declaration
of Covenants, Conditions, and Restrictions made December 21, 1990 by
Nevillewood Associates L.P., as amended (the “Declaration of Covenants”),
and may be amended from time to time by the Board, at its discretion.
The Community-Wide Standards along with the Declaration of Covenants are
intended primarily for the purpose of unifying the architectural character
and enhancing the aesthetic value of the Nevillewood community. The
Community-Wide Standards contain certain design guidelines, architectural
guidelines and maintenance requirements intended to assist in achieving
these purposes. In the case of a conflict between the terms herein
and the terms of the Declaration of Covenants, the terms of the
Declaration of Covenants shall control.
It shall be the responsibility of each Owner to insure compliance by such
Owner and his or her agents with the Community-Wide Standards and
Declaration of Covenants set forth herein or therein.
II. Site
Development Standards, D – Landscape Standards
·
Add recently enacted irrigation requirements to landscape
standards (Section II.D.);
·
Add grandfathering provision which imposes irrigation
requirements only on any unimproved lots existing as of January 1, 2002.
II. Site Development Standards, E – Site
Details
·
Delete “seasonal lighting” provision;
·
“Fences” – add the following paragraph to the end of “2.
Permanent Fences and Walls”: “No permanent fences or
walls shall be erected without prior approval by the Architectural Review
Committee as to size, design, location and materials used.”;
·
“Antennas and Satellite Dishes” – change 18" to one (1)
meter in diameter in each instance;
·
“Signage and Advertising”.
·
Delete the word “Security”in the fourth sentence;
·
Delete “a pending sales agreement” and replace with “the
closing date of any transaction”; and
·
Insert the following sentence at the end: “Security
and no solicitation signage shall be permitted so long as such signs do
not exceed 12” x 12” and are posted in immediate proximity to the exterior
of the dwelling unit”.
·
“Windows” – delete second sentence in its entirety;
·
“Decks” – delete in its entirety;
·
Add “Sidewalk” provision to II.E. requiring that, in the
Woodhall, Breckenridge, Carnoustie and Muirfield neighborhoods, sidewalks
shall be 4 feet in width and uniform in design, size and structure with
other sidewalks in such community; and
·
Add “Other Maintenance” provision as IV.E requiring Owners
to maintain their Lots, as necessary, to ensure that fire hydrants remain
visible and unobstructed at all times.