Each section shows Legal Text alongside Plain English explanation. Sections with amber borders have conflicts with the Bylaws — click the Conflict pill to compare.
Planned Community Under PA Law
Declarant hereby makes the Planned Community subject to the following covenants, conditions, reservations and restrictions. It is the intent of the Declarant that the Planned Community subject to this Declaration shall constitute a "planned community," as that term is defined in the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S. §§ 5101, et seq. (the "Act").
This community is officially a "planned community" under Pennsylvania law (the Uniform Planned Community Act). This means specific state laws govern how the HOA operates, how amendments work, and what rights you have as an owner.
Association Definition
"Association" shall mean THE AMHERST VILLAGE II HOA, an unincorporated association, formed solely to own and operate the Common Elements of the Planned Community.
The HOA's official name is "The Amherst Village II HOA." It's an unincorporated association (not a corporation), and its main job is to own and manage the common areas.
Common Elements Definition
"Common Elements" shall mean all real and personal property located within the Planned Community to be maintained by the Association for the common use and enjoyment of the members of the association, including "Common Facilities."
Common Elements are everything the HOA maintains for everyone to use – roads, sidewalks, open spaces, entry monuments, stormwater facilities, etc. You don't own these individually; the HOA manages them.
Owner Definition
"Owner" shall mean and refer to Declarant or such other person(s) or entity(ies) which holds title to one or more Lots in the Planned Community. The term does not include a person(s) or entity(ies) having an interest in a Lot solely as security for an obligation.
An "Owner" is anyone who holds title to a lot – including the developer. Your mortgage company is NOT an owner, even though they have a lien on your property. Only title holders get to vote.
Oil, Gas & Mineral Rights Reserved
Coal, oil, gas, coal bed methane gas, and all other subsurface mineral rights have been severed from the surface interest of the Property. Declarant is excepting and reserving therefrom and thereout all Oil and Gas and/or byproducts thereof within and underlying the Property together with necessary and reasonable rights to develop, extract and market same.
WARNING: You do NOT own the mineral rights under your property. The developer kept all oil, gas, and coal rights. They can potentially drill or extract minerals, though they can't disturb your surface use. This is common in Pennsylvania.
Utility Easements
Declarant hereby reserves an easement on, over, and under the Planned Community and all Lots created therein, in favor of the Declarant, Adams Township, appropriate utility and service companies, and governmental agencies and authorities for such private or public utility service lines and equipment as may be necessary or desirable to serve any portion of the Planned Community.
Utility companies (electric, gas, water, cable, etc.) and the Township have the right to access your property to install and maintain utility lines. You can't block them from running lines where they need to go.
Drainage Correction Easement
Declarant reserves an easement on, over and under those portions of the Common Elements and Lots for the purpose of maintaining and correcting drainage of surface water in order to maintain a reasonable standard of health, safety, and appearance for the Property. The easement includes the right to cut any trees, bushes, or shrubbery; grade the soil; or take any other action reasonably necessary.
The developer (and later the HOA/Township) can come onto your property to fix drainage problems. They can even cut trees or regrade your yard if needed for proper water flow. They must restore things afterward.
Stormwater Management Obligations
All Lot owners shall take title to a Lot subject to a "New Property Owner Post-Construction Stormwater Management Best Management Practice(s) Notification and Operation and Maintenance Agreement" which governs the management of the stormwater facilities located in the Planned Community. The Association's ongoing responsibility for management of the planned community's common stormwater facilities.
When you buy here, you're automatically subject to stormwater management rules. The HOA must maintain the stormwater ponds and drainage systems. This is why there's a stormwater amendment to the declaration.
Townhouse Party Wall Rules
If it becomes necessary or desirable to repair or rebuild the whole or any portion of said common or party wall, the expense of such repairing or rebuilding shall be borne equally by the adjoining Unit Owner. However, if the act or omission of one Owner damages the party wall, that Owner shall be solely responsible for the entire repair and cost thereof.
For townhouses: the wall between you and your neighbor is shared. Normal repairs are split 50/50. But if YOU damage the wall (like hitting it with something), you pay 100% of the repair.
General Maintenance Responsibilities
Maintenance responsibility is divided into responsibility for performance and responsibility for payment. Except as set forth herein, each Owner is responsible for both performance of and payment for all maintenance, repair, and replacement required for his or her Lot. The Association is responsible for performing the maintenance, repair, and replacement of the Common Elements.
Simple rule: YOU maintain YOUR lot (house, lawn, driveway). The HOA maintains COMMON AREAS (roads, entry monuments, open spaces, stormwater facilities). Some things overlap – check the specifics.
What the HOA Maintains
The Association shall maintain, repair, and replace the Common Elements, including: (1) entry monument area grass cutting, mulching, planting and lighting; (2) sidewalks adjacent to Common Elements; (3) cluster mailboxes and pads; (4) Open Space areas; (5) storm water management facilities; (6) any structure on Common Elements; (7) streets until dedicated to Township.
The HOA takes care of: entrance signs/landscaping, sidewalks by common areas, mailbox stations, open space/parks, stormwater ponds and pipes, any community buildings, and the roads (until Adams Township takes them over).
Townhouse Lot Maintenance by HOA
The Association shall provide maintenance on each Townhouse Lot including Mowing, Line Trimming, Weed Control (4 annual applications), Edging and Mulching, and on lot snow removal of all sidewalks, driveways, leadwalks, and stoops, as well as alleys for the rear load Townhouses. The Association shall not provide maintenance on the single family detached lots.
TOWNHOUSE OWNERS: The HOA mows your lawn, does weed control, and plows your driveway/sidewalks. SINGLE-FAMILY OWNERS: You're on your own for lawn care and snow removal on your property.
Individual Owner Maintenance
Except as set forth herein to the contrary, the repair, maintenance and replacement of all improvements located on the Lot shall be the responsibility of the Owner, including without limitation, all sidewalks located on a Lot.
You're responsible for everything on your lot: your house, garage, driveway, landscaping, and even the sidewalk in front of your house (if it's on your lot, not common area).
HOA Membership & Voting
The Members of the Association shall be the Declarant and all Owners. With respect to the affairs of the Association, the Owner of each Lot shall have one vote. Cumulative voting is not allowed.
If you own a lot, you're automatically an HOA member – no choice. Each lot gets ONE vote (even if you own multiple lots, each lot = 1 vote). No stacking votes.
HOA Powers
The Association shall have the following powers: adopt and amend Bylaws and Rules; adopt budgets and collect assessments; hire/terminate managing agents; institute litigation; make contracts; regulate Common Elements use; grant easements; impose fees and fines; and exercise any other powers conferred by the Act.
The HOA can: make rules, set dues, hire property managers, sue people, sign contracts, control how common areas are used, charge fees, fine violators, and basically do anything the PA Planned Community Act allows.
Executive Board
Not later than the termination of any period of Declarant control, the Members shall elect an Executive Board of at least three (3) members. The Members, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting at which a quorum is present, may remove any member of the Executive Board with or without cause, other than a member appointed by the Declarant.
Once the developer's control ends, owners elect at least 3 board members. You can remove board members with a 2/3 vote of people at the meeting – but you CAN'T remove developer-appointed members until their control period ends.
Monthly HOA Dues
All Common Expense assessments shall be deemed to be adopted and assessed on an annual basis payable in monthly installments, and shall be due and payable in advance on the first day of the month. Each Lot shall be responsible for its prorata share of the Common Expenses. Declarant shall be responsible for all costs until the Executive Board establishes an assessment.
HOA dues are set annually but paid monthly, due on the 1st of each month. Everyone pays their fair share. Until the board sets official assessments, the developer covers the costs.
Tiered Assessment System
The Budget shall be designed with a tiered system for Monthly Assessments due based upon completion of the construction of improvements on a Lot. Currently, two types: (i) Incomplete Lot (no occupancy permit yet); and (ii) Single Family Lot. In no event shall the Monthly Assessment due for an Incomplete Lot be greater than one third (1/3) of the Monthly Assessment due for a Single Family Lot.
Lots without finished homes pay lower dues (max 1/3 of normal dues). This protects the developer and builders from paying full dues on unsold lots. Once you get an occupancy permit, you pay full dues.
Builder One-Time Assessment
Lots owned by Builders shall be subject to a one-time assessment equal to Two Hundred Fifty and 00/100 Dollars ($250.00) per Unit applicable to such Lot. This one-time assessment shall be due and payable at the time that a Lot is purchased by any Builder.
When a builder buys a lot from the developer, they pay a one-time $250 fee. This is separate from ongoing dues.
Pool & Clubhouse Contribution
In connection with the swimming pool and clubhouse to be constructed on the Recreational Lot, each Lot Owner shall make a one-time contribution to the Contribution Fund in the amount of One Thousand Seven Hundred ($1,700.00) Dollars at the time of purchase, which payment shall be made at the time of closing.
Every buyer pays $1,700 at closing toward the pool and clubhouse. This is a one-time fee, not part of monthly dues. Builders don't pay this – only actual homeowners.
HOA Lien for Unpaid Assessments
The Association shall have a lien against each Lot for any Common Expense assessments levied against that Member or fines imposed against that Member from the time the assessment or fine becomes due. Fees, charges, late charges, fines and interest charged, and reasonable costs including legal fees incurred in collection are collectible as assessments.
If you don't pay your dues or fines, the HOA automatically gets a lien on your property. They can also add late fees, interest, and attorney's fees to what you owe – and collect all of it.
Capital Expenditure Limits
There shall be no structural alterations, capital additions to, or capital improvements on the Common Elements (other than for purposes of repairing, replacing and restoring) requiring an expenditure in excess of Twenty-Five Thousand Dollars ($25,000) without the prior approval of sixty percent (60%) of the Members.
The board can't spend more than $25,000 on new projects (not repairs) without 60% of all owners voting to approve it. This protects you from surprise special assessments for big projects.
Capital Improvement Fee at Sale
Upon the purchase of a Lot, the Association shall collect from each purchaser (including the initial sale and resale), at the time of closing, a Capital Improvement Fee. The Capital Improvement Fee on the initial sale shall be $350.00 and on all subsequent resales shall be equal to the Master Association's annual assessment at the time of the sale or resale.
Every buyer pays a capital improvement fee at closing: $350 for first-time purchases from a builder, or one year's worth of Master Association dues for resales. This goes into reserves.
Interest on Late Payments
All sums assessed by the Association against any Member that remain unpaid shall bear interest thereon at a rate determined by the Executive Board (but not more than fifteen (15%) percent per annum) from the thirtieth (30th) day following the due date. Initially the interest rate on unpaid assessed amounts shall be 15% per annum.
If you're 30+ days late on dues, you'll be charged up to 15% annual interest. Plus attorney fees if they have to collect. Pay on time!
Master Association
Pursuant to Section 5222 of the Act, Declarant reserves the right to place the Association under and subject to a Master Association and to delegate any powers to the Master Association. The Declarant reserves these rights for a period of ten (10) years after the recording of this Declaration.
The developer can create a larger "Master Association" that covers multiple neighborhoods. If they do, your HOA would be part of it and you'd pay Master Association dues too. They have 10 years to set this up.
Pool & Clubhouse Lease
The Association shall lease the Recreational Lot and all improvements thereon for a period of 99 years. The Association will be responsible for making rental payments to the owner of the Recreational Lot and for all costs of operation (including lifeguards, security, cleaning, etc.), management, maintenance and repair thereof.
The HOA doesn't OWN the pool/clubhouse – it LEASES them for 99 years from a separate entity (Amherst Village Recreational Association). Your dues include the lease payments plus all operating costs.
HOA Insurance Requirements
The Association shall obtain blanket, all-risk casualty insurance for all insurable improvements comprising the Common Elements in an amount sufficient to cover 100% of the replacement cost. The Association shall also obtain general public liability insurance and a public liability policy with at least a $1,000,000 minimum property damage limit.
The HOA must carry insurance on common areas: full replacement coverage for buildings/improvements, plus $1 million in liability insurance. This is paid from your dues.
Owner Insurance Responsibility
EACH OWNER SHOULD CONSULT WITH A KNOWLEDGEABLE INSURANCE AGENT AND PURCHASE AN APPROPRIATE HOMEOWNER'S POLICY TO PROTECT THE OWNER'S LOT, DWELLING AND ITS CONTENTS. AS THE LOTS, DWELLINGS AND THEIR CONTENTS ARE NOT COVERED BY THE ASSOCIATION'S INSURANCE POLICIES.
IMPORTANT: The HOA's insurance does NOT cover your house or belongings. You MUST get your own homeowner's insurance. The declaration recommends 100% replacement cost coverage.
Mine Subsidence Warning
Owners are advised to obtain insurance to cover any potential mine subsidence. Mine subsidence insurance provides financial compensation for losses caused by the movement of the earth's surface that results from the collapse of underground coal and clay mines in Pennsylvania. Each Owner fully releases Declarant and Approved Builder from any liability arising out of mine subsidence damage.
PENNSYLVANIA WARNING: Old coal mines might be under your property. If the ground sinks (subsidence), your homeowner's insurance won't cover it. You need separate mine subsidence insurance from PA DEP. The developer is NOT liable for mine damage.
Residential Use Only
No Lot shall be used for any purpose other than for residential use, unless otherwise approved in writing by the Declarant and Adams Township.
Your lot is for living in – period. No businesses, no commercial activity (unless both the developer AND the Township approve it in writing, which is rare).
Building Plan Approval Required
All uses and building plans for improvements shall comply with the Zoning Ordinance of Adams Township and shall be approved in writing only by Declarant prior to commencement of any construction activities on a Lot. Transfer of control of the Association shall not extinguish or transfer Declarant's exclusive right to approve building plans.
Before building ANYTHING, you need written approval from the developer (not the HOA board). Even after the HOA takes over, the developer keeps this approval power. Plans must also comply with Township zoning.
Approved Builders Only
Only builders who have been approved in writing by the Declarant ("Approved Builder") are permitted to construct dwellings on Lots. Declarant hereby consents to NVR Homes LLC as an Approved Builder. Transfer of control of the Association shall not extinguish or transfer Declarant's exclusive right to assign additional Approved Builders.
You can't hire just any builder – only "Approved Builders" can build here. Currently that's NVR Homes (Ryan Homes). The developer controls who gets approved, even after HOA transition.
Exterior Building Materials
Builder shall use brick, stone, Hardie, or other similar approved materials for the construction of the exterior façade. No structure shall have an unfinished exposed foundation of concrete or concrete block. All structures shall have brick or stone to grade.
Houses must have nice exteriors – brick, stone, or Hardie board. No exposed concrete block foundations. If you want different materials, get developer approval first.
Minimum House Size
No one-story building shall be constructed with less than 1200 square feet first floor area, exclusive of garage, basement, and open porches. No one-and-a-half or two story building shall have less than 1500 square feet combined total area.
Minimum house sizes: Ranch/one-story = at least 1,200 sq ft. Two-story = at least 1,500 sq ft total. Garage, basement, and porches don't count toward this.
Property Maintenance Standard
Each and every Lot and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Planned Community.
Keep your property looking good – at least as nice as your neighbors. If your yard looks terrible compared to everyone else's, you're violating the declaration.
No Nuisance Activities
No noxious or offensive activity shall be conducted upon any Lot, nor shall anything be done which may become an annoyance or nuisance to the Planned Community.
Don't be annoying. No loud, smelly, or offensive activities. If neighbors are complaining about something you're doing, you're probably violating this rule.
Outbuilding Restrictions
No playhouse, treehouse, tool house, greenhouse, gazebo, generator or outbuilding or structure of any type detached from a dwelling, or children's play equipment or recreational equipment shall be constructed or placed on any Lot without the approval of the Executive Board.
Want a shed, playhouse, gazebo, or swing set? You need board approval first – for size, design, materials, and location. Don't just put things up without asking.
Additions, Decks, Fences Need Approval
No additions, decks, awnings, hedges, walls or fences shall be permitted on any Lot unless approved as to height, location, material and design by the Declarant. All retaining walls must be constructed of approved materials such as brick, precast stone. Landscape and railroad ties may not be used.
Deck, patio, fence, retaining wall? Need developer approval first. No railroad ties for retaining walls – must be brick or stone. They control height, location, materials, and design.
Vehicle Parking Restrictions
Oversized trucks, trailers, and other large vehicles may be parked on a Lot only if in garages. No junk or derelict vehicle shall be kept on any Lot. Vehicle repairs and storage are permitted only in garages. Campers, RVs and boats may not be parked in driveway for more than 2 weeks within any 6 month period.
Big vehicles, trailers, boats, RVs = must be in your garage. No junkers without plates. No driveway car repairs. RVs/boats can be in driveway max 2 weeks every 6 months (for loading/cleaning).
Solar Panel Approval Required
No solar collector or any other device or equipment erected either on the exterior of a dwelling or detached therefrom and designed for the production of energy shall be permitted without approval from the Executive Board.
Want solar panels? You need board approval first. They can set rules about placement and appearance.
Sign Restrictions
No signs shall be erected except: 1) marketing signs by Declarant or Approved Builder; 2) street and ID signs by Association; 3) one temporary real estate "for sale" sign; or 4) political signs per Association Rules. Violations may result in fines.
Limited signs allowed: one "For Sale" sign, political signs (check rules), and official community signs. No business signs, no multiple signs. Fines for violations.
No Toxic Discharge
No Owner, guest, licensee, invitee or others shall discharge any toxic non-biodegradable substance into any storm water sewer(s) or open drainways. Such substances include paint, oil, gasoline, petroleum products, kerosene, paint thinner, anti-freeze and the like.
Don't dump oil, paint, antifreeze, or chemicals into storm drains. These go directly to streams, not the sewer treatment plant. You can be fined and held liable.
Pet Rules
No farm animals and no animals of any type except for typical household pets such as dogs and cats shall be kept on the Lots. No external compound cages, kennels or hutches. Pets shall not be permitted on Common Elements unless accompanied and leashed. Owners must promptly remove and properly dispose of their pet's droppings.
Dogs and cats only – no chickens, goats, etc. No outdoor kennels. Pets must be leashed in common areas. Pick up after your pets!
Fence Requirements
No chain link, wooden fences, or solid privacy fences. All fences must be aluminum or vinyl and "picket" style. Height limited to 6 feet. No fences in front yard or extending past front corner of dwelling. Must include a 36" gate for mowing access. All fences must be approved by the executive board.
Fences must be: aluminum or vinyl, picket style (not solid), max 6 feet tall, backyard only (not past front of house), with a gate for mower access. No wood or chain link. Board approval required.
Driveway Requirements
Driveways for single family detached Lots shall consist of poured concrete. Driveways for rear-loaded townhouse units can either be poured concrete, or asphalt construction.
Single-family homes: concrete driveways only. Townhouses with rear garages: concrete OR asphalt is OK.
Amendments During Declarant Control
Prior to the transfer of Declarant control, Declarant may amend this Declaration so long as the amendment, in the reasonable discretion of the Declarant, has no material adverse effect upon the development of the Planned Community. No amendment required by any state or local government authority will be deemed material.
While the developer controls the HOA, they can amend the declaration on their own – as long as it doesn't hurt owners. Government-required changes don't need owner approval.
Amendments After Declarant Control
After the transfer of Declarant control, this Declaration may be amended only by the affirmative vote or written consent of two thirds (2/3) of the Members, unless unanimous consent is required by the Act. Any amendment must be recorded in Butler County. No amendment may remove Declarant rights without Declarant consent.
After the developer's control period ends, changing the declaration requires 2/3 (67%) of ALL owners to vote yes. Some changes (like property boundaries) need 100%. Changes must be recorded with the county.
Township as Third Party Beneficiary
It is expressly intended by the Developer and each Owner that the Township shall be a beneficiary of the covenants, restrictions, reservations and servitudes set forth herein. The Township shall be entitled to enforce all covenants and exercise any remedies available at law and in equity.
Adams Township can enforce these rules too – not just the HOA. If the HOA doesn't act on violations, the Township can step in and take legal action.
Declarant Control Period
For a period of seven (7) years from the date of the recording of this Declaration, as may be extended by law, the Declarant shall have sole power and authority to appoint and remove the officers and members of the Executive Board of the Association, unless the Declarant earlier voluntarily surrenders the right. This period of Declarant's control will terminate no later than Sixty (60) days after the conveyance of seventy-five percent (75%) of the Lots to Owners other than a Declarant.
DEVELOPER CONTROL ENDS: Either after 7 years from September 2023 (so September 2030) OR 60 days after 75% of lots are sold to actual homeowners – whichever comes FIRST. Until then, the developer appoints all board members.
Transition at 25% Sold
Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots to Members, at least one member and not less than twenty-five percent (25%) of the members of the Executive Board shall be elected by the Members.
FIRST TRANSITION: Once 25% of lots are sold, owners get to elect at least 1 board member (25% of the board). This is your first real voice in HOA governance.
Transition at 50% Sold
Not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots to Members, not less than thirty-three percent (33%) of the members of the Executive Board shall be elected by the Members.
SECOND TRANSITION: Once 50% of lots are sold, owners elect at least 33% of the board. Developer still controls majority, but owners have more say.
Stormwater Facility Transfer
Declarant shall maintain the storm water management facilities until final inspection and approval by governmental authorities. At such time (the "Transfer Date"), the Storm Water Maintenance Obligations shall be performed by the Association. The Association must accept and assume all storm water management facilities upon Declarant's execution of Transfer Documents.
The developer maintains stormwater systems until they pass final inspection. Then the HOA MUST take over – no choice. That's why the amendment was recorded adding those maintenance obligations.
Township Stormwater Enforcement
If the Association fails to properly maintain the storm water management facilities, then Adams Township or other applicable governmental authority shall have the same rights granted to municipalities under §705 of the Pennsylvania Municipalities Planning Code to maintain the storm water management facilities.
If the HOA doesn't maintain stormwater systems properly, Adams Township can come in, do the work, and bill the HOA. This is serious – the Township has legal authority to enforce this.
Termination of Planned Community
The Planned Community may be terminated: (a) By Statute with consent of 100% of the Owners; (b) By Destruction if 100% of affected Owners and 51% of Mortgagees vote not to rebuild. Notwithstanding any termination, the easements created by this Declaration, and the covenants, conditions and restrictions shall run with the Property in perpetuity.
Dissolving the HOA requires 100% owner agreement (basically impossible). Even if dissolved, the deed restrictions (like use restrictions) stay attached to the land FOREVER.
Declaration Recap
Understanding control and amendment rights based on community completion
Click highlighted items to jump to the source section
Owner Control (75%+)
At 75% sold, owners take full control within 60 days:
Permanent. Declarant special rights have expired.
Owner Power: Full. Community is self-governed by homeowners.
Changing the Declaration
After Declarant Control (Article XIV)
Difficulty: Requires significant owner coordination
Key Sections to Know
Declarant Control & Transition:
Important Owner Info: