Back

Public Offering Statement

Required disclosures • October 2023

Public Offering Statement — This document is required by Pennsylvania law before you buy. It discloses key information about the community. Sections with red borders have conflicts with other documents.

Important Notice, Section A

7-Day Cancellation Right

Legal Provision
Document Text

WITHIN 7 DAYS AFTER RECEIPT OF A PUBLIC OFFERING STATEMENT, OR AN AMENDMENT TO THE PUBLIC OFFERING STATEMENT THAT MATERIALLY AND ADVERSELY AFFECTS THE RIGHTS OR OBLIGATIONS OF THE PURCHASER, THE PURCHASER BEFORE CONVEYANCE MAY CANCEL ANY CONTRACT FOR PURCHASE OF A UNIT FROM THE DECLARANT.

Plain English

You have 7 days after receiving this document to cancel your purchase contract for ANY reason. No penalty, full refund. This is your "cooling off" period under Pennsylvania law.

Important Notice, Section B

Penalty for Non-Disclosure

Legal Provision
Document Text

IF THE DECLARANT FAILS TO PROVIDE A PUBLIC OFFERING STATEMENT, OR ANY AMENDMENTS THERETO, TO A PURCHASER BEFORE CONVEYING A UNIT, THAT PURCHASER MAY RECOVER FROM THE DECLARANT AN AMOUNT EQUAL TO THE GREATER OF FIVE (5%) PERCENT OF THE SALES PRICE OF THE UNIT UP TO A MAXIMUM AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00) OR ACTUAL DAMAGES.

Plain English

If the developer doesn't give you this document before closing, you can sue for 5% of the sale price (up to $2,000) plus any actual damages. This protects your right to informed decisions.

Important Notice

Deposit Refund on Cancellation

Legal Provision
Document Text

IN THE EVENT OF A PERMITTED CANCELLATION UNDER PARAGRAPHS A OR C ABOVE, THE PURCHASER WILL BE ENTITLED TO A FULL REFUND OF ANY SUMS DEPOSITED IN CONNECTION WITH THE CONTRACT.

Plain English

If you cancel within your 7-day window or after a material amendment, you get ALL your deposit money back. The developer can't keep any of it.

Important Information, Section 3

Oral Promises Not Binding

Important Notice
Document Text

Oral representations cannot be relied upon as correctly stating the representations of the Declarant. Refer to this Public Offering Statement and its Exhibits for correct representations.

Plain English

IMPORTANT: If a salesperson told you something verbally, it doesn't count unless it's in writing. Only what's in the documents matters. Get everything in writing!

Article III, Sections 3.1, 3.6

Community Size - 385 Lots

Definition
Document Text

The Plan currently is designed to have approximately 385 Lots to be developed in four phases. Phase 5: approximately 47 single family lots and 4 townhouse lots. Phase 6: approximately 119 single family lots and 25 townhouse lots. Phase 7: 84 single family lots. Phase 7R: 32 single family lots.

Plain English

The community will have about 385 homes total: ~282 single-family homes and ~103 townhouses across 4 phases. The numbers may change based on market conditions.

Article III, Section 3.6

Lot Numbers May Change

Important Notice
Document Text

The types and the numbers of the above Lots may change, subject to Declarant's discretion and market conditions; provided that all changes will comply with Township requirements.

Plain English

The developer can change how many lots there are and what type they are. If market conditions change, they might build more or fewer homes. Township approval is still required.

Article VI

Declarant Control Period - Up to 10 Years

Legal Provision
Document Text

The Declarant may retain control of the Association from the date of the first conveyance of a Lot to a person other than the Declarant for a period not exceeding ten (10) years, as may be extended by law, unless the Declarant earlier voluntarily surrenders control; or after the conveyance of seventy-five (75%) percent of the Units, whichever event first occurs.

Plain English

CONFLICT ALERT: This document says 10 years, but the Declaration says 7 years, and PA law (UPCA) says 7 years maximum. The Declaration and UPCA control - so 7 years is the actual limit.

Article VI

Declarant Appoints All Board Members

Legal Provision
Document Text

During the period of Declarant control, the Developer shall have sole power and authority to appoint and remove the officers and members of the Board of Directors of the Association.

Plain English

Until the developer's control ends, THEY pick all board members. You have no vote in who runs the HOA during this period (except at the 25%, 50% transitions per the Declaration).

Article VI

Bylaws Amendment Requirements

Legal Provision
Document Text

The Bylaws may be amended by agreement of two thirds (2/3) of the Lot Owners, except that during the period when the Declarant controls the Board, no amendment which affects the Declarant's right to control the Board may be made without the Declarant's approval.

Plain English

Changing the Bylaws needs 67% of all owners. BUT you can't take away the developer's control rights without their permission during the control period.

Article III, Section 3.4

Pool/Clubhouse Owned by Separate LLC

Important Notice
Document Text

The pool and clubhouse facility shall be owned by the Amherst Village Recreational Association, LLC. The Amherst Village II HOA shall lease the Recreational Lot or Lots, including the pool, clubhouse facility and/or other recreational facilities, from the Amherst Village Recreational Association, LLC for an amount to be determined annually, payable in monthly installments.

Plain English

KEY DISCLOSURE: You do NOT own the pool. The HOA leases it from a separate company (Amherst Village Recreational Association, LLC). The lease amount is set by that company each year.

Article III, Section 3.4

Lease Amount Set by Landlord

Important Notice
Document Text

The annual lease shall be determined at the sole discretion of the Amherst Village Recreational Association, LLC.

Plain English

WARNING: The lease amount can change every year, and the HOA has no say in how much it will be. The landlord decides. This could impact your dues significantly.

Article XXI

Pool/Clubhouse Contribution Fee

Owner Obligation
Document Text

There shall be a one-time fee due at the closing on each Lot, including every resale, other than the sale to the Builder, of the sum of One Thousand Seven Hundred Dollars ($1,700.00) will be deposited from each Purchaser and deposited into the Contribution Fund for the establishment and development of the Recreational Lot including the Pool and Clubhouse.

Plain English

You pay $1,700 at closing toward building the pool/clubhouse. This is in addition to monthly dues. This fee is charged on resales too - except when a builder buys the lot.

Article XXI

Contribution Fund Control

Important Notice
Document Text

Declarant shall have complete control and discretion with respect to all aspects of establishing, maintaining, administering and funding the Contribution Fund. After termination of Declarant control the Contribution Fund management shall be transferred to the Amherst Village Recreational Association, LLC

Plain English

The $1,700 contribution fund is controlled entirely by the developer. After they leave, control goes to the pool/clubhouse landlord - NOT the HOA. You have no say in how this money is spent.

Article III, Section 3.7

Single Family Maintenance

Owner Obligation
Document Text

Each Lot Owner is responsible for both performance of and payment for all maintenance, repair and replacement required for his Lot and the dwelling to be constructed thereon.

Plain English

SINGLE-FAMILY HOMES: You maintain everything - house, lawn, driveway, snow removal. The HOA doesn't help with your individual lot.

Article III, Section 3.8

Townhouse Maintenance

Owner Obligation
Document Text

In general, the Association is responsible for both performance of and payment for exterior maintenance including landscaping, mowing, trimming, mulch, and snow/ice removal. Each Lot Owner is responsible for both performance of and payment for all maintenance, repair and replacement required for the dwelling to be constructed thereon.

Plain English

TOWNHOUSES: HOA handles lawn care and snow removal from your driveway. You still maintain your actual dwelling (repairs, painting, etc.).

Article VII

HOA Insurance Coverage

Maintenance Requirement
Document Text

All Common Facilities will be covered by fire and property damage insurance in an amount equal to the full replacement cost of any of the improvements. The Association and Lot Owners will be insured against liability arising from ownership or use of the Common Facilities.

Plain English

The HOA insures common areas at full replacement cost and has liability coverage for accidents in common areas.

Article VII

Owner Insurance Required

Important Notice
Document Text

EACH LOT OWNER SHOULD MAINTAIN HIS/HER OWN LIABILITY INSURANCE FOR HIS/HER OWN UNIT AND ALL IMPROVEMENTS OR BETTERMENTS THERETO. Each Unit Owner should maintain separate insurance for the Unit, improvements, and betterments to the Unit and for all personal property contained in the Unit.

Plain English

GET YOUR OWN INSURANCE! HOA policy doesn't cover your house or belongings. You need homeowner's insurance for your dwelling, contents, and personal liability.

Article VIII

Property Taxes - Owner Responsibility

Owner Obligation
Document Text

Real property taxes are levied separately against individual Units and each Lot Owner will be responsible for the payment of the taxes on his own Unit. The assessed value of Units is presently unknown since the county tax assessor cannot assess Units until the Declaration is recorded.

Plain English

You pay your own property taxes. The tax amount wasn't known when this was written - you'll find out from Butler County after closing.

Article VIII

Tax Estimates Only

Important Notice
Document Text

ANY REPRESENTATION BY THE DECLARANT OR ITS AGENTS IS ON THE BASIS OF ESTIMATES ONLY, PROVIDED BY THE TAX ASSESSOR AND THE DECLARANT CANNOT PROVIDE ANY ASSURANCES WITH RESPECT TO THE ACCURACY OF THOSE ESTIMATES.

Plain English

WARNING: Any property tax numbers the salesperson gave you are just estimates. Don't rely on them. Actual taxes could be higher.

Article XXI

Oil, Gas & Mineral Rights Not Included

Important Notice
Document Text

The property may be affected by subsurface lease agreements regarding coal, oil, gas and other minerals. In Pennsylvania, ownership and the right to use the subsurface of property is not always transferred with the right to use the surface of the property. The title to the surface of the property may be conveyed to a buyer without any ownership rights to coal, gas, oil and other minerals of any kind.

Plain English

YOU DON'T OWN WHAT'S UNDER YOUR LAND. Oil, gas, coal, and mineral rights are NOT included. Someone else may have the right to drill or mine under your property.

Article XXI

Subsurface Access Rights

Important Notice
Document Text

Often, the party that owns the subsurface rights also has certain rights to use the surface of the property to test for, explore, drill and/or otherwise remove the coal, gas, oil and other minerals. Declarant does not make any representations as to the buyer's ownership of subsurface rights or the rights of the buyer to use the subsurface of the property for any purpose.

Plain English

The mineral rights owner MAY have the right to access your surface property for drilling or mining. This is common in Pennsylvania. The developer makes no promises about this.

Article XVIII

Assessments Divided Equally

Owner Obligation
Document Text

Unit Owners will be assessed for Common Expenses to obtain the funds necessary to meet the budget of the Association. Common Facilities shall be shared equally among Lot Owners on a per Unit basis.

Plain English

Everyone pays the same monthly assessment amount - one vote per lot, one share of expenses per lot. No tiered dues based on house size.

Article XVIII

What Budget Covers

Definition
Document Text

The Budget will cover all anticipated Common Expenses for the upcoming fiscal year, such as accounting and legal fees, insurance, landscaping, snow removal property management and dues for use of the pool and clubhouse facilities, including the monthly lease.

Plain English

Your monthly dues cover: accounting, legal fees, insurance, landscaping, snow removal, property management, and the pool/clubhouse lease payments.

Article XVIII

Reserve Fund Requirements

Owner Obligation
Document Text

The Budget will also include whatever amount the Executive Board has estimated to be necessary as an adequate reserve to provide for unforeseen contingencies, working capital and repair or replacement of the Common Facilities. A reserve account will be funded by a contribution of each Lot Owner.

Plain English

Part of your dues goes into a reserve fund for unexpected repairs and future replacements. This protects against special assessments.

Article XIX

Capital Reserve - Initial Purchase

Owner Obligation
Document Text

At the initial closing on each Lot, other than the sale to the Builder, the sum of three hundred fifty ($350.00) dollars will be collected from each Purchaser and deposited into a Reserve Fund as reserve for capital replacements and contingencies.

Plain English

First-time buyers pay $350 at closing into the capital reserve fund. This is separate from the $1,700 pool fee.

Article XIX

Capital Reserve - Resale

Owner Obligation
Document Text

At the closing for each subsequent resale the sum of three months of the Master Association's annual assessment will be collected from each Purchaser and deposited into a Reserve Fund as reserve for capital replacements and contingencies.

Plain English

Resale buyers pay 3 months worth of Master Association dues into capital reserves. This is different from the $350 first-time buyers pay.

Article XVIII

Lien for Unpaid Assessments

Legal Provision
Document Text

All of the amounts assessed against a Unit, are a lien on that Unit. This ability to lien a Unit protects all Lot Owners by providing a mechanism to enforce the obligation of each Lot Owner to pay his share of the Common Expenses.

Plain English

If you don't pay your dues, the HOA automatically gets a lien on your property. You can't sell without paying it off.

Article XVIII

Late Fees and Interest

Legal Provision
Document Text

A late charge and interest will be imposed on any payment not received by the tenth (10th) day after it is due.

Plain English

Dues are late after the 10th of the month. Late fees and interest charges apply. Pay on time!

Article XI

No Restrictions on Resale or Rental

Legal Provision
Document Text

There are no restrictions on the resale of Units by the Lot Owner.

Plain English

GOOD NEWS: You can sell your home whenever you want. There are NO rental restrictions mentioned either - you can rent out your home.

Article XIV

Limited Warranty Only

Liability Release
Document Text

EXCEPT AS SET FORTH ABOVE, OR OTHERWISE REQUIRED BY LAW, THE UNIT, THE COMMON FACILITIES, AND ALL PERSONAL PROPERTY ARE BEING SOLD WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR HABITABILITY.

Plain English

WARNING: The lot is sold "AS IS" with very limited warranties. The builder may have separate warranties - ask them directly. The developer disclaims most warranties.

Article XIV

Builder Warranty Separate

Important Notice
Document Text

Lot purchasers are advised to discuss any limited warranty applicable to the construction of a home directly with the home builder.

Plain English

For home warranties, talk to your builder (e.g., Ryan Homes). The developer doesn't warrant the construction - only the builder does.

Article XVII

Deposits Held in Escrow

Legal Provision
Document Text

Any deposit made in connection with the purchase of a Unit will be held in an Escrow Account. Such deposits held in escrow will be returned to the Purchaser if the Purchaser cancels the contract.

Plain English

Your deposit is held in escrow (protected) until closing. If you cancel within your rights, you get it all back.

Article XX

Project Completion Estimate

Important Notice
Document Text

It is estimated that the project will be completed in the fall of 2030. The above schedule is merely a projection and is subject to a number of variables beyond the Declarant's control, such as the pace of sales activities and construction delays.

Plain English

The community is expected to be finished by Fall 2030. This is just an estimate - it could take longer or be finished sooner depending on sales.

Article X

No Financing From Declarant

Important Notice
Document Text

The Declarant is not offering or arranging any financing for purchasers of the Lots. Each purchaser will be responsible for obtaining financing for the purchase of the Lot.

Plain English

The developer doesn't offer financing. You need to get your own mortgage. Shop around for the best rates.

Article XXI

No Guarantee of Views

Liability Release
Document Text

Declarant and home builder do not make any representations regarding the maintenance of current views and aesthetics or the uses that may be made by third party landowners of other property located in the area.

Plain English

Don't buy for the view! The developer doesn't promise your view will stay the same. Neighbors or other developments could block it.

Article XXI

No Known Hazardous Conditions

Important Notice
Document Text

The Declarant has no knowledge of: Hazardous conditions, including contamination, affecting the Plan site by hazardous substances, hazardous wastes, or the like, or the existence of underground storage tanks for petroleum products.

Plain English

The developer says they don't know of any environmental contamination, hazardous waste, or underground storage tanks on the property.

Key Disclosures

Critical information from the Public Offering Statement

Your Purchaser Rights

  • 7-Day Cancellation: Cancel for any reason within 7 days of receiving this document
  • Full Refund: All deposits returned if you cancel within your rights
  • Escrow Protection: Your deposit is held in escrow until closing
  • Penalty for Non-Disclosure: Up to $2,000 if developer fails to provide this

One-Time Closing Fees

  • $Pool/Clubhouse: $1,700 (all buyers including resales)
  • $Capital Reserve (Initial): $350 for first-time buyers
  • $Capital Reserve (Resale): 3 months of Master Assoc dues
  • Total Initial: $2,050 at first closing

Pool/Clubhouse Lease Structure

  • Not Owned: HOA leases pool from separate LLC
  • Owner: Amherst Village Recreational Association, LLC
  • Rent Set By: Landlord at their sole discretion
  • Impact: Lease cost could increase your dues at any time

Important Warnings

  • !Mineral Rights: You do NOT own oil, gas, or coal rights
  • !Oral Promises: Only written documents are binding
  • !Tax Estimates: Actual taxes may differ from quotes
  • !No View Guarantee: Your view may change

Project Timeline

Construction StartFall 2023
Expected CompletionFall 2030
Total Units~385 Lots

Timeline is an estimate and may change based on market conditions and sales pace.