The Declaration

Table of Contents

THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE HOMEOWNERS ASSOCIATION OF HERITAGE VALLEY
This Declaration is made this 1st day of November 1995, by the Board of Directors of the Heritage Valley Homeowners Association, by the power invested in said Board, as provided for in the Declaration of Covenants, Easements, and Restrictions (hereinafter referred to as the Declaration) dated August 15, 1989, and recorded in Chester County Record Book, page 184.
WITNESSETH:
WHEREAS, the Board is empowered by the Declaration to act for the Heritage Valley Homeowners Association; and
WHEREAS, the Board is empowered by Article XII to amend the current Declaration; and
WHEREAS, the Board, in accordance with the rules set forth in Article XII, Section 1, of said Declaration, has obtained an instrument in writing signed by not less than sixty-six percent (66%) of the Members of the Association approving of such action (Exhibit "D"), and after a meeting was convened for such purpose.
NOW, THEREFORE, the Board does declare that the Property designated on Exhibit "A", Exhibit "B", and Exhibit "C" hereof shall be held, transferred, sold conveyed, subdivided and occupied subject to the following covenants, restrictions, easements, charges and liens which shall run with the land and shall be binding on all parties having or acquiring any interest in the land.
AND FURTHER, THEREFORE, the Board does declare that the following Declaration dated November 1, 1995, and recorded in the Office for the Recording of Deeds in and for Chester County, Pennsylvania, upon such recording of same, will replace the current Declaration recorded on August 15, 1989, in its entirety, and its three(3) subsequent amendments in their entirety; and does replace any other versions of this Declaration which may or may not exist prior to August 15, 1989, in their entirety.

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ARTICLE I DEFINITIONS
1.) Approved Mortgagee shall mean a holder, insurer or guarantor of a first mortgage on a Lot who has requested notice for certain matters.
2.) Area of Common Responsibility shall mean and refer to the Common Area, together with those areas, if any, the maintenance of which is the responsibility of the Association. Such areas will include all storm water facilities constructed within or on the Lots.
3.) Articles of Incorporation shall mean the articles of Incorporation of the Heritage Valley Homeowners Association, inc..
4.) Association shall mean the Heritage Valley Homeowners Association, Inc., a Pennsylvania non-profit corporation.
5.) Board of Directors, or Board, shall mean the Board of Directors of the Association.
6.) By-laws shall mean the by-laws of the Association.
7.) Common Area shall mean those areas shown on Exhibit "B" hereof as being devoted to the common use and enjoyment of the owners of Lots in Heritage Valley.
8.) Common Driveways shall mean those areas on a Lot that are intended for common access to a Lot and for the provision of utility services for more than one Lot, as more fully set forth in Exhibit "C" hereof.
9.) Common Area Facilities shall be deemed to include: (a) all physical improvements placed in the Common Area, including but not limited to roadways, curbs, fencing, security facilities Maintenance buildings, storm water control facilities; (b) items of personal property including tools, mowers, trucks, tractors, and other vehicles used in the maintenance, repair or securing of the Common Areas, and; (c) landscaping placed in, or maintained upon the Common Area.
10.) Community - Wide Standard shall mean the standard of conduct, maintenance, or other activity generally prevailing in the community. Such standard shall be more specifically defined by the Board of Directors.
11.) Lot shall mean any plot of land on the recorded subdivision plan for Heritage Valley other than Common Areas and areas to be dedicated to the Township.
12.) Owner shall mean the record owner or owners of the title to any Lot.
13.) Property shall mean all real estate bound by this Declaration as described on Exhibit "A".
14.) Title Plan shall mean and refer to the recorded subdivision plan of Heritage Valley.
15.) Township shall mean and refer to East Nottingham Township.

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 ARTICLE II HERITAGE VALLEY HOMEOWNERS' ASSOCIATION, INC.
2.1) Organization
(a) The Association. The Association is a non-profit corporation organized and existing under the laws of Pennsylvania charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as such may be amended from time to time, provided no other Governing Documents other than this Declaration shall, for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
2.2) Membership.
(a) Definitions. Members shall include all owners of Lots or other properties as set forth herein. Membership shall be appurtenant to ownership of real estate giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except as provided in the Governing Documents.
(b) Member's Rights and Duties. Each member shall have the rights, duties, and obligations set forth in the Governing Documents.
(c) Voting Rights. Members shall be the Owners of Lots, and Members shall be entitled to one vote per Lot.
(d) Exercise of Vote. Votes may be exercised by a Member in person, by an attorney at law representing a Member pursuant to a written power of attorney or by another Member holding a written proxy. If the vote of any Member may be cast by more than one person, the vote of any such person shall conclusively be deemed to be the vote for all such persons having an ownership interest in such Lot, or other property. Where there exists a dispute between those entitled to cast a vote, such dispute shall be resolved by vote of the owners entitled to cast such a vote, with majority prevailing. In the event such persons are unable to resolve such dispute do to the failure of a majority to agree, no vote will be cast for such Member.
2.3) The Board of Directors.
(a) Composition. The Members shall elect a Board of Directors which shall be composed of three (3) persons, who shall serve staggered three year terms.
(b) Powers and Duties. The Board shall have the power, as well as the obligation to preform the following duties:
1) Assessments: to fix, levy and collect Assessments as permitted herein.
2) Executive Duties: to grant permanent or temporary permits as set forth herein.
3) Employees: to employ, enter into contracts with , to engage or otherwise delegate authority to, and to supervise such persons or entities as are necessary to manage, conduct and preform the duties responsibilities and obligations of the Association.
4) Property: to acquire, own , hold, improve, maintain, secure, pledge, convey, transfer or dedicate real or personal property including the power to grant and convey easements over and/or within the Common Area and Area of Common Responsibility for the benefit of the Members.
5) Rules: to establish and publish rules and regulations dealing with the use of land as provided in the Declaration and the By-laws of the Association.
6) Enforcement of Governing Documents: to take all action as is reasonably necessary to enforce or effectuate any of the provisions of the Governing Documents including the power to hire counsel and/or bring suit.

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 ARTICLE III RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
3.1) Association's Responsibility. The Association shall maintain and keep in good repair the Common Area and the Area of Common Responsibility, such maintenance to be funded as hereinafter provided. This Maintenance shall include, but not be limited to, maintenance, repair and replacement, subject to any insurance then in effect, of all landscaping, structures and improvements situated upon the Common Area, and all storm water control facilities, including swales within the Area of Common Responsibility. Nothing contained herein shall obligate the Association to perform lawn Maintenance on any of the Lots.
3.2) Service. The Association may obtain and pay for the services of any person or entity to manage its affairs or any part thereof, to the extent that it deems advisable, as well as such other personnel as the Association shall determine to be necessary for the proper operation of the property, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the property or the enforcement of this Declaration.
3.3) Personal Property and Real Property for Common Use. The Association through action of its Board of Directors, may acquire, hold and dispose of tangible and intangible personal property and real property. The Board, acting on behalf of the Association, shall accept any real or personal property, leasehold, or other property interest located within the Property.
3.4) Implied Rights. The Association may exercise any other right or privilege given to it expressly by the Declaration or by the By-laws, and every other right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
3.5) Self Help. In addition to the other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon a Lot or any portion of any Common Area to abate or remove, using such force as may be reasonably necessary, any erection, thing or condition which violates this Declaration, the By-laws, the rules and regulations, or the use restrictions. Unless an emergency exists, the Board shall give the violating Lot Owner ten (10) days' written notice of its attempt to exercise self help. All cost of self help, including reasonable attorney's fees actually incurred shall be assessed against the violating Lot Owner and shall be collected as provided for herein for the collection of assessments.
3.6) Right of Entry. The Association shall have the right, in addition to and not in limitation of all the right it may have, to enter into units for police officers, fire fighters, ambulance personnel, and other similar emergency personnel in performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours.
3.7) Owner Responsibility. All maintenance of the Lot and its respective improvements within or upon the Lot shall be the sole responsibility of the Owner thereof. In the case of Lots which contain a graded swale which is part of the storm water management system of the community, the owner thereof shall maintain the grass in the graded swale. The swale shall not be filled or otherwise altered. Such maintenance shall be performed in a manner consistent with the Community - Wide Standard for the entire area covered by this Declaration. Upon failure to comply with any of the covenants, conditions, and restrictions herein provided relating to the use or maintenance of a Lot, where such Owner's failure to comply has continued for ten (10) days after being notified of such failure, the Association may enter upon such Lot and preform whatever maintenance or other measures that are reasonably necessary to cure such failure to comply provided that the entering party shall be responsible to repair any material damage caused by such entry; provided further, however, in the event such failure to comply poses a health, safety or security risk, no prior notice or hearing need be given. In either event, such Owner shall be responsible for the actual cost incurred in taking such curative measures. The cost thereof shall be an Assessment, and the Association shall have a lien therefore in the same manner an assessment liens, if appropriate.

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 ARTICLE IV ASSESSMENTS
4.1) Creation of a Charge, Lien and Obligation for Assessments. Each Owner of a Lot, by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant, and agree to the Association such General, Special, and Delinquency Assessments, and, if applicable, Driveway Assessments as are established herein, which shall be paid in the manner set forth herein.
All such assessments or levies together with interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on and continuing lien on the land against with each such assessment or levy is made, as of the date of such assessment or levy. Each such assessment, together with interest and said cost of collection, shall be their personal obligation of the Owner of each Lot who was the Owner at the time when the assessments fell due and the Owner's successors in title to the Lot. In the case of a voluntary conveyance, the grantee shall be jointly and severally liable with the grantor for any unpaid assessments, levies and/or charges, without regards to the right of the grantee to recover from the grantor the amounts paid by the grantee. An Owner shall not be relieved of his obligations by non-use of the Common Area or abandonment of his Lot.
4.2) Types of Assessments.
(a) General Assessments. The General Assessment shall be used exclusively to promote the heath, safety, and welfare of the Members and in particular to improve, maintain, secure, and operate the Common Areas, the Area of Common Responsibility, including all storm water management facilities, and the provisions of such other services as the Association is required to provide either by the Township or by the terms of this Declaration (excluding services funded under other Assessments), and the funding of appropriate reserves for the future repair and maintenance of any of the Common Facilities as outlined in this Declaration or may be approved by the board of Directors.
By a vote of a majority of the Directors, the Board shall fix the General Assessment in an amount sufficient to meet the obligations imposed by the Declaration. In the event the Board fails to fix an assessment established for any fiscal year, then each assessment established for the prior year shall automatically be continued until such time as the Board acts.
(b) Driveway Assessment. The Association may levy an assessment against the Owner of any or all Lots 21, 22, 27, 29, 37, 39, 41, 43, 45, 47, 49 and 66 in an amount directly to the repair, replacement or maintenance of a Common Driveway serving the Lot against which such assessment is levied.
(c) Special Assessments. A Special Assessment may be levied against all Members. The Association may levy a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Areas or Area of Common Responsibility, including fixtures and personal property related thereto, providing that any such assessment be approved by a vote of two thirds (2/3) of the Members.
(d) Delinquency Assessment. The Association may levy a special assessment to be known as a Delinquency Assessment against any Owner (Member), when there has been demonstrated a chronic or deliberate disregard by such person for any of the Rules, Regulations, or Covenants affecting the Property, including but not limited to the payment of any assessments. Such Delinquency Assessments shall be levied only by the Board of Directors of the Association, shall require that notice of intent to make the levy shall have been sent to the party to be assessed at least five (5) days prior to levy, shall be collectible as other assessments provided for herein and shall be construed as recompense for the extra time, trouble and expense connected with the enforcing rules and regulations against persons who persistently violate same.
4.3) Method of Assessment. All assessments shall be levied by the Association and collected and disbursed by the Association. The Board of Directors shall fix the amount of the assessments and levies as provided hereinafter and set the date or dates on which such assessments and levies shall become due.
(a) The General Assessment shall be assessed against all Members, and apportioned among such Members on a Lot by Lot basis. The assessment of each Lot shall be the entire assessment for the entire community multiplied by a fraction, the numerator of which is the number of Lots Titled to the Owner or Owners, and the denominator of which is the total number of all Lots owned by the Members.
(b) The Driveway Assessment may only be assess if the Association is in receipt of a written request from an Owner of one of the Lots enumerated in section 4.2(b) indicating that the parties entitled to use the Common Drive serving such Owner's Lot are unable to agree on the cost, timing or scope of maintenance, repair or replacement of the Common Drive.
4.4) Lien of Assessment. Each assessment levied pursuant to this Declaration shall constitute a lien on the real estate to which such assessment pertains. The Association shall at any time after such assessment is levied file in the Office the Recorder of Deeds notice of such levy which may be indexed against all Lots and Owners effected. Upon payment of such assessment, and any related collection expenses, the Association shall properly record an instrument of satisfaction relative to the property effected.
4.5) Effect of Nonpayment of Assessment and Remedies of the Association. Any assessment installment not paid within fifteen (15) days after the due date shall be delinquent and shall bear interest at the then maximum lawful rate of interest. Thereupon, the Association will provide Notice of such delinquency and may bring an action at law to collect the same, and/or foreclose the lien against the property, and in the latter case, the Association may proceed to foreclosure in the same manner as provided for mortgages by an action of mortgage foreclosure.
4.6) Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subject and subordinate to the lien of any mortgage or mortgages held by an Approve Mortgagee now or hereafter encumbering any Lot. Sale of any Lot will not affect any assessment liens. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any deed or proceeding in lieu of foreclosure by an Approved Mortgagee (other than foreclosure by the Association of its own assessments liens) shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer, except for claims for a share of such assessments resulting from a reallocation thereof among all Owners and Lots including the Lot so sold. No sale or transfer shall relieve such Lot from liability for assessments thereafter becoming due or from the lien thereof.

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 ARTICLE V EASEMENTS AND USE OF COMMON AREA
5.1) Owner's Easement of Enjoyment. Every Owner shall have a right and easement of use and enjoyment in and to the Common Area and right and easement for controlled discharge of storm water into storm water facilities, which easements and rights shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any facility now or hereafter situated or constructed upon the Common Area, to impose reasonable regulations regarding the use and maintenance of such Common Area, and to impose reasonable limits on the number of guests who may use the facilities;
(b) the right of the Association to suspend an Owner's voting rights and the right to use any of the facilities, other than storm water facilities, for any period during which any assessment of the Association against the Owner's Lot remains unpaid, and or any infraction by an Owner of the Association's rules and regulations for the duration of the infraction and or an additional period thereafter not to exceed thirty (30) days;
(c) the right of the Association to borrow money for the purpose of improving the Common Area, for constructing, repairing, or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a mortgage conveying all or any portion of the Common Area, provided two-thirds (2/3) of Members present at a meeting called of such purpose shall approve; provided, however, the lien and encumbrance given by the Association shall be subject and subordinated to any and all rights, interests, opinions, easements, and privileges reserve or established in this Declaration for the benefit of any Owner, or the holder of any mortgage, irrespective of when executed, given by any Owner encumbering any Lot, or other property located in Heritage Valley; and
(d) the right of the Association to dedicate or transfer all or any portion of the Common Area
to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by at least two thirds of the votes of those Members of the Association which are present or represented by proxy are entitled to cast at a meeting duly called for such purpose.
5.2) Delegation of Use. Any Owner may delegate, in accordance with the By-laws of the Association and subject to reasonable rules, regulations and limitations as any be adopted in accordance therewith, his or her right of enjoyment to any Common Area or facilities to the members of his or her immediate family, tenants, and social invitees and shall be deemed to have made a delegation of all such rights to the occupants of any leased Lots.
5.3) Owner's Right to Support. Each Owner shall have the right to lateral support for his or her Lot, and such rights shall be appurtenant to and pass with the title to each Lot.
5.4) Common Driveway Easements. There shall exist on the property described on Exhibit "C" hereof, non-exclusive, perpetual easements for ingress, egress, and regress; and for the provision of underground utility services, including, but not limited to, electric, gas phone, cable T.V., and data services. The easements shall be there for the benefit of the Lots whose Common Driveways are shown as being provided access over such areas on the Title Plan.
5.5) Rules and Regulations. The Board of Directors may establish reasonable rules and regulations concerning the use of the Common Area, and facilities located thereon. Copies of such regulations and amendments thereto shall be furnished by the Association to all Owners prior to the rule's effective date. Such regulation shall be binding upon the Owners, their families, tenants, guests, invitees, and agents until and unless such regulation, rule or requirement shall be specifically overruled, canceled, or modified by the Board or the Association in a regular or special meeting by the vote of Members holding a majority of votes in the entire Association. The Board shall have the authority to impose reasonable monetary fine and other sanctions, and monetary fines may be collected by lien and foreclosure, as provided herein for the collection of assessment liens.
5.6) Township Right to Maintain. In addition to any right which may now exist or may exist in the future, if the Association or any of its Members fail to maintain the Common Area or Area of Common Responsibility in good order and condition, the Township shall have the right , but not the obligation, upon giving the Association thirty (30) days written notice, or in the case of an emergency such lesser notice as is reasonable, to preform the necessary maintenance with the same rights as the Association has to collect the costs thereof from the Members as provided in the Declaration. The performance by the Township of such maintenance one or more times shall not obligate the Township to perform such maintenance in the future. The Township shall have no obligation to enforce the provisions of this Declaration.

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 ARTICLE VI INSURANCE
6.1) Insurance. The Association's Board of Directors, or its duly authorized agent, shall have the authority to and shall obtain insurance for all insurable improvements on the Common Area from damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief. This insurance shall be in the amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard.
6.2) Public Liability Insurance. The Association's Board of Directors shall obtain a public liability policy covering the Common Area, the Association, and its members for all damage or injury caused by the negligence of the Association or any of its Members or agents. The public liability policy shall have at least a One Million ($1,000,000.00) Dollar single person limit as respects bodily injury and property damage, a One Million ($1,000,00.00) Dollar limit per occurrence, and a Two Hundred Fifty Thousand ($250,000.00) Dollar minimum property damage limit. Premiums for all insurance on the Common Areas shall be common expenses of the Association. The policy may contain a reasonable deductible, and the amount thereof shall be added to the face amount of the policy in determining whether the insurance at least covers the full replacement cost.
6.3) Named Insured. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association as Trustee for the respective benefited parties. Such insurance shall be limited by the following provisions:
(a) all policies on the Common areas shall be for the benefit of the Lot Owners and their mortgagees as their interests may appear.
6.4) Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each owner covenants and agrees with all other Owners and with the Association that each Owner shall carry insurance against fire and other casualty. Each individual Owner further covenants and agrees that in the event of a total or partial loss or damage and destruction to the Lot, the individual Owner shall proceed promptly to repair or to reconstruct the damaged structure in a manner consistent with the original construction.
6.5) Disbursement of Proceeds. Proceeds of the Association insurance policies shall be disbursed as follows:
If the damage or destruction for which the proceeds are paid is to be repaired or reconstructed, the proceeds, or such portions thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds remaining after defraying such costs of repair or reconstruction to any Common area or, in the event no repair or reconstruction is made, after making such settlement as is necessary and appropriate with the Owner or Owners and their mortgagees as their interest may appear, shall be retained by and for the benefit of the Association and placed in a capital improvements account. This is a covenant for the benefit of any mortgagee of a Lot and may be enforced by such mortgagee.
6.6) Damage and Destruction.
(a) Immediately after the damage or destruction by fire or other casualty to all or part of the Common Area covered by insurance written in the name of the Association, the Board of Directors, of its duly authorized agent, shall proceed with filing the adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the same condition in which it existed prior to the fire or other casualty.
(b) Any damage or destruction to the Common Area shall be repaired or reconstructed unless at least seventy-five percent (75%) of the total eligible votes of the Association shall decide within sixty (60) days after the casual not to repair or reconstruct. If for any reason the amount of the insurance proceeds to be paid as a results of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No mortgagee, other than mortgagees in possession, shall have the right to participate in the determination of whether the Common Area damage or destruction shall be repaired or reconstructed.
(c) In the event that it should be determined by the Association in the manner described above that the damage or destruction of the Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the Property shall be restored to their natural state and maintained as an undeveloped portion of the Common Area by the Association in a neat and attractive condition.
6.7) Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not sufficient to defray the costs thereof, the Board of Directors may use general funds or seek a special assessment as permitted hereunder.

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 ARTICLE VII CONDEMNATION
7.1) Whenever all or any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of all Owners) by any authority having the power of condemnation of eminent domain, each Owner shall be entitled to notice thereof. The award made for such taking shall be payable to the Association as Trustee for all the Owners to be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, then, unless within sixty (60) days after such taking at least seventy-five percent (75%) of the Members of the Association shall otherwise agree, the Association shall restore or replace improvements so taken on the remaining land, included in the Common Area to the extent lands are available therefore, in accordance with plans approved by the Board of Directors of the Association. If such improvements are to be repaired of restored, the provisions hereof regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any improvements on the Common Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, and then such award or net funds shall be disbursed to the Association and used for such purposes as the Board of Directors shall determine.

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 ARTICLE VIII PROTECTIVE COVENANTS
8.1) Residential Use. All property designated for residential use shall be used, improved and devoted exclusively to residential use. No business, professional, or commercial use shall be made of any property within Heritage Valley. Nothing herein shall be deemed to prevent the owner from leasing a Lot to a single family, subject to all of the provisions of this Declaration and the rules and regulations adopted by the Board of Directors.
8.2) Vehicles. Use and storage upon the Property of all vehicles and recreational equipment shall be subject to the ordinances of the Township and the rules promulgated by the Board of Directors as provided herein. Without limiting the generality thereof:
(a) All motor vehicles shall be currently licensed and maintained in proper operating condition so as not to be a hazard or nuisance by noise, exhaust emissions or appearance.
(b) No non-registered vehicles, including, but not limited to, trail bikes, motorcycles, dune buggies and snowmobiles shall be operated for recreational purposes within the boundaries of the Property.
(c) There shall be no outside storage or parking upon any Lot or Common Area of any commercial vehicle bearing advertising, truck, tractor, mobile home or trailer (either with or without wheels), camper trailer, boat or other watercraft, boat trailer, or any other transportation device of any kind except for within the parking spaces in the Owner's garage.
(d) No owners or tenants shall repair or restore any vehicle of any kind outdoors upon any Lot or any Common Area, except for emergency repairs, and then only to the extent necessary to enable movement thereof to a proper repair facility.
8.3) Garages. Garages are intended only for the storage of vehicles and may not be altered for any other use. No garage shall be leased separately from any Lot to which it belongs. When not being used for ingress or egress the garage door must remain closed. No garage may be altered in such a manner that the number of automobiles which may reasonably parked therein after the alteration is less than the number of automobiles that could have been parked in the garage as originally constructed.
8.4) Pets. No animals, horses, livestock, or poultry of any kind shall be raised, bred or kept on the Property, except that a total of no more than two dogs, cats or other normal household pets may be kept in the residences subject to the rules and regulations adopted by the Association through its Board of Directors, provided that such pets are not kept, bred or maintained for any commercial purpose. The Board shall have the absolute power to prohibit a pet from being kept on the property, including inside the residences constructed thereon. All pets must be kept under the control of their owner and must not become a nuisance to other residents. Dogs must be leashed.
8.5) Antennas. No exterior radio antenna or satellite TV dish of any kind shall be placed, allowed, or maintained upon any portion of the community, including any Lot, without the prior written consent of the Board or its designee. The Association may erect an aerial for a master antenna system, should any such master system or systems be utilized by the Association and require any such exterior antenna.
8.6) Exterior Lighting. No exterior lighting fixture other than those approved by the Architectural Review Committee shall be installed within on upon any Lot without adequate and proper shielding of the fixture so as to make the light source not visible from any other Lot or from the Common Area. No lighting fixture shall be installed that may become an annoyance or nuisance to owners or occupants of adjacent properties.
8.7) Signs. No advertising sign, "For Sale" sign billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on the Property subject to this Declaration.
8.8) Ornaments. No statues, sculptures, bird baths, replicas, awnings, lighting fixtures, fences or other objects may be affixed or placed on any Common Area, or Lot without the express approval of the Association.
8.9) Storage Sheds. No more than one storage shed per Lot shall be allowed in the rear of the Lot; the size of the storage shed to be limited to 12 x 14 feet and no higher than 10 feet. All such sheds shall be erected on an all-weather foundation.
8.10) Nuisances. No owner shall maintain a nuisance on his property. As a nuisance shall be defined as that which prevents the quiet enjoyment by other owners of their property. No owner shall maintain unsightly or unkempt conditions on or about his property.
8.11) Pools. Below ground pools shall be fenced with a fence at least (4) feet high, designed to prevent unauthorized access to the pool. Pools, and other athletic structures, such as tennis courts, basketball courts, and the like, shall be subject to approval by the Architectural Review Committee.
8.12) Temporary Structures. Tents, trailers, and other temporary structures shall be prohibited.
8.13) Trees. No tree shall be removed without the approval of the Architectural Review Committee.
8.14) Site Distances. Site distances at all intersections shall be maintained at all times. No shrubbery, or other landscaping, shall be installed at any intersection, or at any driveway entrance, so as to create an unsafe condition.
8.15) Construction and Renovation. All buildings, structures or other improvements to a Lot shall require approval of the Architectural Review Committee.
8.16) Fences. No fences shall be permitted in the front yard of any home. Rear yard fences shall be limited to 700 linear feet per lot. The materials and construction of any fence are subject to the approval of the Architectural Review Committee.
8.17) Trash Receptacles. Storage, collection and disposal of trash for any Lot shall be in compliance with the rules and regulations adopted by the Board of Directors. Except for the day on which trash is collected, all trash cans and containers shall be stored so as to not be visible to any public road, Lot or Common Area.
8.18) Driveways. All driveways serving Lots shall be paved prior to occupancy of a home on any of the Lots. When weather prevents the completion of the driveway the Owner of such Lot shall deliver to the Association its binding agreement to complete the driveway paving as soon as weather permits. 8.19) Firearms. The use firearms, including, but not limited to, shotguns, handguns, rifles, etc. is prohibited on the Common Area, or from any area which would necessitate the discharge from the same to travel over the Common Area.


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 ARTICLE IX ARCHITECTURAL REVIEW COMMITTEE
9.1) Prior Approval. No building or other structure or any other improvements, including contouring of land and planting, shall be erected, placed, or altered on any Lot until and unless plans and specifications showing the nature, kind, shape, height, materials, floor plans, exterior color schemes, location and approximate cost of such building, structure or other improvements and the grading and landscaping plan, including topography and contours of the lot, shall have been submitted and approved in writing by the Architectural Review Committee. The Committee shall charge a fee of $250.00 for reviewing house planes, and shall charge a fee of $100.00 for review of any other type of plans. This fee may be increased only by a vote of a majority of Members present at a meeting of the Association at which a quorum is present.
9.2) Composition. The Architectural Review Committee shall consist of three (3) persons. The Committee shall serve staggered terms of three years. After all lots in Heritage Valley are sold, replacement committee members shall be appointed by the Directors of the Association.
9.3) Plans. Plans must be submitted to the Committee in duplicate, together with the review fee as set by the Directors. The review fee shall be used to compensate the Committee for its time and expenses, including review by experts, in connection with the review of plans. Approval shall be indicated by the signature of each member of the Committee on each sheet of the plan submitted.
9.4) Approvals. The Committee may disapprove of any plans or specifications or grading and landscaping which are not suitable, in the opinion of the Committee, for esthetic or other reasons. The Committee shall take into consideration the suitability of the proposed building or other structure, the materials of which it is to be constructed, the color scheme, the site affected, the harmony of the proposal with the surroundings, and the affect off the proposal on adjacent or neighboring properties.
9.5) No Liability. No member of the Committee shall be liable to any person, including persons submitting plans, as a result of a decision to approve, or disapprove the plans regardless of any mistake in judgment, negligence, or nonfeasance in making the decision.
9.6) Removal. The Association shall have the right to order the removal of any structure on any lot where the approval of said structure or improvement shall not have been obtained in strict compliance with the provisions of this Article. The Association may enforce their orders in equity in the Court of Common Pleas of Chester County, Pennsylvania.
9.7) Failure to act. In the event the Architectural Review Committee, fail to approve, modify, or disapprove in writing a correctly filed application within sixty (60) days, approval will be deemed granted.

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 ARTICLE X PARTITION
10.1) Common Area. Except as permitted in this Declaration or amendments thereto, there shall be no physical partition of any Common Area or any part thereof, nor shall any person acquiring interest in the Property or any part thereof seek any judicial partition of the Common area. This Article shall not be construed to prohibit the Directors from acquiring and disposing of tangible personal property nor from acquiring title to real property which may or may not be subject to this Declaration.

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 ARTICLE XI MORTGAGEES RIGHTS
11.1) Information to be Furnished. Any mortgagee of any Lot who makes a request in writing to the Association shall have the right:
(a) to receive from the Association a written statement of any default in the performance made by an Owner under this Declaration, including failure to pay assessments, and a copy of any notice of default sent to such Owner;
(b) to be furnished, within ninety (90) days after the end of each fiscal year of the Association, a copy of the annual financial statement and budget and any written report of the Association, including income and operating statements;
(c) to receive written notice of any meeting of members of the Association at which action to be taken would adversely affect such mortgagee and have its representative attend any such meeting; and
(d) to receive written notice of any proposed or actual taking or condemnation of the Common Area and any casualty loss affecting the same within (15) days of receipt of notice of such proposed or actual taking by the Association of occurrence of such loss.
11.2) Approval of Certain Actions. In addition to the votes or approvals of Owner and Members of the Association required by other provisions of this Declaration, the assent in writing of all the holders of first mortgages of record on the Lots (based on one vote for each mortgage owned) shall be required for the following actions:
(a) any attempt by the Association to abandon, partition, release, subdivide, encumber, sell or transfer any Common Area, except for the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area;
(b) any change in the method of determining assessments or the proportional share thereof which may be levied against a Lot;
(c) any attempt by the Association to change, waive or abandon the restrictions imposed herein relating to the architectural design or exterior appearance of any improvements to the Lot, the maintenance of the Lot and the maintenance of the Common Area;
(d) the discontinuance of the maintenance by the Association of the insurance specified herein; and
(e) any attempt by the Association to use hazard insurance proceeds arising from any loss or damage to the Common Area for other than the repair, replacement or reconstruction thereof.
11.3) Other Rights of Mortgagees. The holders of first mortgages on the Lot may, jointly or singly, pay taxes and other charges which are in default and which may become a charge or lien against any portion of any Common Area, and may pay overdue premiums on the insurance policies with respect to the coverage maintained by the Association pursuant to Article VI hereto, and upon so doing the first mortgagees will be entitled to immediate reimbursement from the Association.
11.4) FHA/VA Approval. As long as there is a class B Membership, the following actions will require the prior approval of the Federal Housing Administration or Veteran's Administration: annexation of additional property, mergers and consolidations, mortgaging of the Common Area, dissolution and amendment of any provision hereof intended for the benefit of either the Federal Housing Administration or the Veteran's Administration.
11.5) FNMA Approval. The Directors shall have the power to amend any provision of this Declaration which is required to permit the community to qualify for Federal National Mortgage Association (FNMA), or any successor agency, approval of purchase money mortgages.


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 ARTICLE XII GENERAL PROVISIONS
12.1) Amendment. The covenants and restrictions of this Declaration shall run with and bind the land. The Declaration may be amended by an instrument signed by not less than sixty-six (66) percent of the Owners. An amendment shall not be effective until recorded in the Office aforesaid. No amendment to this Declaration may alter the rights of the Township as stated herein without the written consent of the Township or its successors. No amendment to this Declaration may alter the rights of mortgagees as stated herein without the written consent of such mortgagees as set forth in Article XI hereof.
12.2) Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other provision hereof which shall remain in full force and effect.
12.3) Notices. Any notice required to be sent to any Member or Owner under the provisions of the Declaration shall be deemed to have been properly sent when mailed, postage paid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of the mailing.
12.4) Encroachments. In the event any portion of any structure erected on a Lot shall encroach on any Common Area or Facility as a result of construction, reconstruction, repair, shifting, settlement or movement thereof, a valid easement for the encroachment and for the maintenance thereof shall exist so long as the encroachment exists.
12.5) Management Agreements. Any management agreement entered into by the Association with respect to any Common Area and Facility shall be terminable by the Association for cause upon thirty (30) day's written notice thereof, and the terms of any such agreement may not exceed one (1) year, renewable by agreement of the parties for successive one-year terms.
12.6) Usage. Whenever used the singular shall include the plural and the singular, and the use of any gender shall include all genders.
12.7) Effective Date. This Declaration shall become effective when recorded in the Office for the Recording of Deeds in and for Chester County, Pennsylvania.

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 BYLAW REGARDING DUES
The board of Heritage Valley Homeowners Association adopts the following criteria for the payment of assessments by Lot Owners:
  1. Assessment for the calendar beginning January 1 through December 31, will be due and payable by March 1 of said calendar year.
  2. An assessment will be considered delinquent if not paid within fifteen days (15) after the due date, as provided for in Article IV, Section 5 of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of the Heritage Valley Homeowners Association.
  3. Any delinquent assessment will be subject to a Fifteen Dollar ($15) late charge, and shall bear interest at the then maximum lawful rate of interest.
  4. The Board will take any and all steps to collect delinquent assessments as provided in the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of the Heritage Valley Homeowners Association including action at law and/or foreclosure as provided therewithin.

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 BYLAW REGARDING FINES
The board of Heritage Valley Homeowners Association adopts the following procedures for the imposition of fines on Lot Owners who violate the Bylaws and Declaration Documents:
  1. The Board, it's designated committee or it's managing agent, shall notify the Lot Owner responsible for a violation of the Bylaws and Declaration Documents of the violation in writing, describe the violation with reasonable particularity, and make formal demand that the violation be forthwith abated or corrected.
  2. A Lot Owner charged with a violation of the Bylaws and Declaration Documents shall have a right to request a hearing by the Board or it's designated committee by submitting the request in writing to the Board, it's designated committee or managing agent, within ten (10) days of the notice of the violation. In any event, the decision of the Board or it's designated committee shall be final.
  3. In the event that a Lot Owner has violated the Bylaws and Declaration Documents relating to PROTECTIVE COVENANTS, including by way of example, and not of limitation, Article VIII, Sections 1 through 18, the Lot Owner may be fined in accordance with the following schedule:
    $25.00 - First Violation
    $50.00 - Second Violation
    $100.00 - Third Violation
    $100.00 - Each Violation Thereafter
  4. In the event that a Lot Owner has otherwise violated the Bylaws and Declaration Documents and such violation is not continuous in nature, and therefore does not lend itself to abatement or correction as a suitable remedy then in that event, the Lot Owner may be fined in accordance with the following schedule:
    $25.00 - First Offense
    $50.00 - Second Offense
    $100.00 - Third Offense
    $100.00 - Each Offense Thereafter
  5. In the event that the violation is continuous in nature and such violation in not abated or corrected by the Lot Owner within fifteen (15) days from the date of the notice of the violation, the Board, it's designated committee or the managing agent may impose a $100.00 fine upon the Lot Owner.
  6. The Board, it's designated committee or managing agent, shall notify the Lot Owner in writing of the fine imposed. In the event that the violation is of a continuous nature of the type subject to paragraph 5 listed above, and the violation is not abated within ten (10) days of the notice of the fine (or within ten (10) days of a decision following a hearing, if any), additional fines of $10.00 per day will be imposed until the violation is abated.
  7. Any fine imposed in accordance with this Rule shall constitute a common expense assessment and a lien against the Lot Owner shall be collectible in the same manner as provided for in the collection of common assessments. Accordingly, all legal fees, court costs and other fees incurred in the collection of the fine shall be the responsibility of the offending Lot Owner.
  8. The fining procedure set forth in this Rule shall not be exclusive of other rights and remedies available to the Association or the Board.
  9. Any complaints by Lot Owners concerning violations by other Lot Owners must be submitted to the Board, it's committee or managing agent in writing, describing with reasonable particularity the violation, and signed by the complainant. Proof of the violation such as photos etc. should be also be included in the event that a hearing is required.

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 BYLAW REGARDING GRASS
The board of Heritage Valley Homeowners Association adopts the following criteria for the maintenance of lawns by Lot Owners:
  1. Lot Owners in PHASE I are required to maintain the entire lawn of the lot in a reasonably groomed manner; grass not to exceed eight to ten inches (8" to 10") in height; and to keep weeds under control in such manner as to prevent them from going to seed.
  2. A Lot Owner charged with a violation of this Bylaw will be subject to the fining procedures as described in the Bylaws Regarding Fines.
  3. In addition to the action stated in Number 2, the Board reserves its rights as stated in Article III, Section 5 of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of the Heritage Valley Homeowners Association to take corrective action and assess the offending party any costs suffered by the Association as a result of said action.
  4. As Title of each lot in PHASE II is transfer to a new Lot Owner, the Lot Owner will be responsible to comply with the criteria as stated in Numbers 1 & 2 & 3 above.
  5. The lots in Phase II, the Titles of which have not been transferred to new Lot Owners, must be maintained according to the codes as required by local laws and regulations.

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 BYLAW REGARDING LAWN SALES
The board of Heritage Valley Homeowners Association adopts the following criteria for Lawn Sales by Lot Owners:
  1. Lawn Sales are permitted by homeowners only after they have received approval from the Board of Directors in writing and must be held on one of the authorized days set aside for the events.
  2. The Board will designate the first Saturday of the months of May and June, and the third Saturday of September as authorized days eligible to have lawn sales. These dates may be changed from time to time but only after written notice to all Homeowners.
  3. A Lot Owner holding such a lawn sale will be responsible for controlling the vehicles of those patrons who may come to the same, and will accept all responsibility for any damage caused to neighboring properties as a result of the same. The Board by its approval, accepts no responsibilty for any damage caused to neighboring properties as a result of the Lawn Sale.
  4. A Lot Owner charged with a violation of this Bylaw will be subject to the fining procedures as described in the Bylaws Regarding Fines.
  5. In addition to the action stated in Number 4, the Board reserves its rights as stated in Article III, Section 5 of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of the Heritage Valley Homeowners Association to take corrective action and assess the offending party any costs suffered by the Association as a result of said action.

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 BYLAW REGARDING PARKING
The board of Heritage Valley Homeowners Association adopts the following criteria for parking by Lot Owners:
  1. Lot Owners are required to park all authorized vehicles on their driveways when not garaged. They are not permitted to park vehicles on the lawns surrounding the dwelling on a routine basis. This does not apply to the overflow of vehicles that might be caused by an event at the homeowner’s residence.
  2. If the homeowner routinely requires more more space than is available to park vehicles, it is that homeowner’s reponsibility to expand the asphalt area of their driveway to accommedate the same, in accordance with criteria which is acceptable with, and approved by the Archetictural Committee.
  3. A Lot Owner charged with a violation of this Bylaw will be subject to the fining procedures as described in the Bylaws Regarding Fines.
  4. In addition to the action stated in Number 3, the Board reserves its rights as stated in Article III, Section 5 of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of the Heritage Valley Homeowners Association to take corrective action and assess the offending party any costs suffered by the Association as a result of said action.

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