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Deed Restrictions
ARTICLE
I IDENTITY
The
following By-Laws shall govern the operation of the C.C.W.R.M.A., a Pennsylvania
corporation not for profit, organized and existing under the laws of the
Commonwealth of Pennsylvania and created under and subject to the restrictive
covenants set forth in the deeds of divers lot purchasers and under and subject
to the Declaration of restrictive Covenants in and for Pike County,
Pennsylvania, in Deed Book 1040, page 288&c, hereinafter collectively
referred to as “DECLARATION.”
Section 1. Name. The
name of this Association shall be Country Club Woods Road Maintenance
Association.
Section 2. Address. The
mailing address of the Association shall be 207 High Court, Milford, PA
18337, or at such other place as may be subsequently designated by the
Board of Directors of the Association.
Section 3. Seal. The
Seal of the Corporation shall bear the name of the Corporation, the word, “Pennsylvania”,
and the year of incorporation.
Section 4. Definitions.
a.
As used herein the Word Corporation shall be equivalent to Association
and shall mean C.C.W.R.M.A.
b.
The word “Development” shall mean the lands comprising the
subdivision known as Country Club Woods as more particularly described in the
Plat Maps of Record in the Office of the Recorder of Deeds in and for Pike
County, Pennsylvania.
c.
All other words as used herein shall have the same definitions as
attributed to them in the aforementioned Declaration.
Section
5. Conflict or Contradiction with the Charter of the Association.
If
there shall be any conflict, contradiction or ambiguity between the terms and
provisions of these By-Laws and the terms and provisions of the charter of the
Association, then the terms and provisions of these By-Laws shall be deemed to
control and govern the terms and provision of the said charter.
ARTICLE II. PURPOSE
AND RESPONSIBILITY
Section 1. Purpose.
The purpose or purposes of the Association
a.
to insure the present and future residential living conditions relating
to health, safety, public morals, convenience, comfort and beauty of lots in the
development.
b.
to regulate, inspect, administer, approve structures and plans for the
structures to be constructed in the development and obtain compliance generally
with the Declaration as to the use of said lots and of related facilities,
including, but not by way of limitation, roads, rights of way and parking areas.
c.
to promote the welfare and social interest of the members by the
ownership, maintenance and control of the facilities and roads, and by providing
for the administration and management of same.
Section
2. Responsibility.
The Association shall be responsible for providing and performing any all
acts and services of any type whatsoever, and for enforcing the provisions of he
Declaration and these By-Laws as they may amended from time to time.
ARTICLE
III. MEMBERSHIP AND VOTING
Section
1. Membership.
a.
Membership in the Association shall be limited to owners of lots in the
development. Transfer of ownership of a lot either voluntarily or be operated of
law shall terminate membership in the Association. The transferee will then
acquire all of the rights and duties of his predecessor. all owners of lots or
their transferees must be members of the Association.
b.
If ownership of a lot is vested in more than one person, then all of the
persons so owning the said lot shall be members of the Association eligible to
hold office, attend meetings, etc,. but as hereinafter set forth, the vote of a
lot shall be cast by the voting member. If lot ownership is vested in a
corporation, said corporation may designate an individual or employee of the
corporation as its voting member.
Section
2. Voting.
a.
The owner (s) of each lot in the development shall be entitled to one
vote in the affairs of the Association. An individual (s)
owning more than one (1) lot shall only be entitled to cast one vote.
b.
The vote of a lot shall not be divided.
c.
A majority of the voting members at any annual or special meeting shall
decide any question unless the declaration or By-Laws provide otherwise, in
which event the percentage of votes required thereby shall control.
Section
3. Designation of Voting Members.
a.
If a lot owned by one person, his right to vote shall be established by
the recorded title to the lot.
b.
If a lot is owned by more than one person, the person entitled to vote
for the lot shall be designated in a Certificate signed by all of the owners of
record of the lot and filed with the Secretary of the Association. The person designated in such a Certificate who is entitled
to cast the vote for such lot shall
be known as the voting member. Such
a Certificate shall be valid until revoked or until superseded by a subsequent
Certificate or until a transfer of ownership of the lot concerned.
If such a Certificate is not on file with the Secretary of the
Association for such lot, then the vote of the said lot shall not be considered
in determining a quorum or for any purpose requiring the vote of the membership
of the Association. Provided,
however, that if a lot is owned jointly by a husband and wife, the following
three (3) provisions shall be applicable thereto:
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(i)
They may, but they shall not be required to, designate a voting member.
(ii)
If they do not designate a voting member and if both are present at a
meeting and are unable to concur in their decision upon any subject requiring a
vote, they shall lose their right to vote on that subject at that meeting.
(As previously provided, the vote of a lot is not devisable.)
(iii)
Where they do not designate a voting member, and only one is present a
meeting, the person present may cast the vote for the lots as though he or she
owned the lot individually and without establishing the concurrence of the
absent person.
c.
If a lot is owned by a corporation, the officer or employee thereof
entitled to cast the vote of the lot for the corporation shall be designated in
a Certificate for this purpose, such a Certificate shall be signed by the
President or Vice-President of the Corporation, attested to by the Secretary and
filed with the Secretary of the Association.
The provisions of Subsection (b) of this Section shall govern the
revocation and failure to file such a Certificate.
Section 4. Method of Voting.
Votes shall be cast in person by the designated voting member for each
lot at the meeting at which the subject is being voted upon.
Voting by proxy shall not be permitted.
ARTICLE IV. MEETINGS OF THE MEMBERSHIP
Section 1. Place.
all meetings of the Association membership shall be held at the
designation determined by the Board of Directors of the Association.
Section 2. Notices.
It shall be the duty of the Secretary of the Association to mail or
deliver a Notice of each annual or special meeting, stating the time and place
thereof, to each lot owner or record at least thirty (30) days but not more than
forty (40) days prior to such meeting. all
notices shall be mailed to the address of the owner as it appears on the books
of the Association or delivered to him personally.
Section 3. Annual Meeting.
a.
The annual meeting of the membership of the Association shall be held on
the Second Saturday of September.
b.
At the annual meeting the following business shall be brought before the
membership.
(i)
the election of Directors to fill the vacancies existing of the board of
Directors for the ensuing year by reason of the termination of a director’s
term of office as provided by these By-Laws.
(ii)
adopt an annual budget for the Association and adopt and levy annual dues
and/or assessments necessary to meet the anticipated expenditures for the fiscal
year.
(iii)
the transaction of such other business as may be brought before the
meeting.
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Section 4. Special
Meeting. Special meetings
of the members for any purpose or purposes, unless otherwise prescribed by
stature, may be called by the President, and shall be called by the President or
Secretary at the request, in writing, of a majority of the Board of Directors,
or at the request, in writing, of ten (10) members, which request shall state
the purpose or purposes of the proposed meeting.
Business transacted at all special meetings of the members shall be
called within sixty (60) days of the date the Association shall receive the
request as set forth in the paragraph.
Section 5. Quorum.
At any meeting of the Association, the presence in person of ten (10)
voting members shall constitute a quorum and the concurring vote of a majority
of the voting members present shall be valid and binding upon the Association
except as otherwise provided in these By-Laws or the Declaration.
Section 6. Waiver and Consent.
Whenever the vote of members at a meeting is required for permitted by
any provision of these By-Laws to be taken in connection with any action of the
Association, the meeting and vote of members may be dispensed with if not less
than majority of the members who
would have been entitled to vote upon the action if such meeting were held,
shall consent in writing to such action being taken; however, Notice of such
action shall be given to all members.
Section 7. Adjourned Meetings.
If any meeting of members cannot be organized because of quorum of voting
members is not present, the meeting may be adjourned from time to time until a
quorum is present.
© 2001 Midlantic
Realty, Inc. 311 E. Harford, St. Milford, PA 18337 / 570-296-6363 / 800-426-4450
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