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.


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