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.
7-Day Cancellation Right
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.
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.
Penalty for Non-Disclosure
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.
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.
Deposit Refund on Cancellation
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.
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.
Oral Promises Not Binding
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.
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!
Community Size - 385 Lots
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.
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.
Lot Numbers May Change
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.
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.
Declarant Control Period - Up to 10 Years
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.
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.
Declarant Appoints All Board Members
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.
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).
Bylaws Amendment Requirements
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.
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.
Pool/Clubhouse Owned by Separate LLC
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.
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.
Lease Amount Set by Landlord
The annual lease shall be determined at the sole discretion of the Amherst Village Recreational Association, LLC.
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.
Pool/Clubhouse Contribution Fee
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.
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.
Contribution Fund Control
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
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.
Single Family Maintenance
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.
SINGLE-FAMILY HOMES: You maintain everything - house, lawn, driveway, snow removal. The HOA doesn't help with your individual lot.
Townhouse Maintenance
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.
TOWNHOUSES: HOA handles lawn care and snow removal from your driveway. You still maintain your actual dwelling (repairs, painting, etc.).
HOA Insurance Coverage
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.
The HOA insures common areas at full replacement cost and has liability coverage for accidents in common areas.
Owner Insurance Required
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.
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.
Property Taxes - Owner Responsibility
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.
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.
Tax Estimates Only
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.
WARNING: Any property tax numbers the salesperson gave you are just estimates. Don't rely on them. Actual taxes could be higher.
Oil, Gas & Mineral Rights Not Included
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.
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.
Subsurface Access Rights
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.
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.
Assessments Divided Equally
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.
Everyone pays the same monthly assessment amount - one vote per lot, one share of expenses per lot. No tiered dues based on house size.
What Budget Covers
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.
Your monthly dues cover: accounting, legal fees, insurance, landscaping, snow removal, property management, and the pool/clubhouse lease payments.
Reserve Fund Requirements
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.
Part of your dues goes into a reserve fund for unexpected repairs and future replacements. This protects against special assessments.
Capital Reserve - Initial Purchase
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.
First-time buyers pay $350 at closing into the capital reserve fund. This is separate from the $1,700 pool fee.
Capital Reserve - Resale
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.
Resale buyers pay 3 months worth of Master Association dues into capital reserves. This is different from the $350 first-time buyers pay.
Lien for Unpaid Assessments
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.
If you don't pay your dues, the HOA automatically gets a lien on your property. You can't sell without paying it off.
Late Fees and Interest
A late charge and interest will be imposed on any payment not received by the tenth (10th) day after it is due.
Dues are late after the 10th of the month. Late fees and interest charges apply. Pay on time!
No Restrictions on Resale or Rental
There are no restrictions on the resale of Units by the Lot Owner.
GOOD NEWS: You can sell your home whenever you want. There are NO rental restrictions mentioned either - you can rent out your home.
Limited Warranty Only
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.
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.
Builder Warranty Separate
Lot purchasers are advised to discuss any limited warranty applicable to the construction of a home directly with the home builder.
For home warranties, talk to your builder (e.g., Ryan Homes). The developer doesn't warrant the construction - only the builder does.
Deposits Held in Escrow
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.
Your deposit is held in escrow (protected) until closing. If you cancel within your rights, you get it all back.
Project Completion Estimate
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.
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.
No Financing From Declarant
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.
The developer doesn't offer financing. You need to get your own mortgage. Shop around for the best rates.
No Guarantee of Views
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.
Don't buy for the view! The developer doesn't promise your view will stay the same. Neighbors or other developments could block it.
No Known Hazardous Conditions
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.
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
Timeline is an estimate and may change based on market conditions and sales pace.