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Rules & Regulations

Amherst Village II HOA • Community Rules

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Each rule shows the official text alongside plain English explanation. Sections with amber borders have potential conflicts with the Declaration or Bylaws.

Section A(1)

Association Definition

Definition
Rule Text

"Association" shall mean the planned community which shall be known as Amherst Village II HOA.

Plain English

The HOA's name is Amherst Village II HOA. This matches the Declaration and Bylaws.

Section A(2)

By-Laws Reference

Definition
Rule Text

"By-Laws" shall mean the By-Laws of the Association.

Plain English

These rules work together with the Bylaws document. If there's a conflict, the Declaration trumps both.

Section A(3)

Common Areas Definition

Definition
Rule Text

"Common Areas" shall mean all portions of the Property as defined in the Declaration, but shall exclude Lots.

Plain English

Common areas are shared spaces everyone owns together - entrance signs, sidewalks, mailbox stations, stormwater ponds, open space. Your lot is NOT a common area.

Section A(4)

Declaration Reference

Definition
Rule Text

"Declaration" shall mean the Declaration of a Planned Community for Amherst Village Phases 5, 6, 7, and 7R, as the same may be amended from time to time.

Plain English

The Declaration is the master document - it controls over these Rules and the Bylaws. It was recorded September 2023.

Section A(5)

Executive Board Definition

Definition
Rule Text

"Executive Board" shall mean the Executive Board of the Association.

Plain English

The Board of Directors - currently appointed by the developer, but will transition to owner-elected after 75% sold or 7 years.

Section B(1)

Rules Enforcement Authority

Legal Provision
Rule Text

These Rules and Regulations are adopted pursuant to the Declaration and the By-Laws and may be enforced in accordance with those documents.

Plain English

These rules get their power from the Declaration and Bylaws. The HOA can enforce them using the methods allowed in those documents (fines, liens, etc.).

Section B(2)

Board Can Amend Rules

Legal Provision
Rule Text

The Executive Board reserves the right to amend these Rules and Regulations at any time and from time to time.

Plain English

The Board can change these rules whenever they want - no owner vote required. This is different from the Declaration which needs 2/3 owner approval to change.

Section B(3)

Common Element Use

Rule / Restriction
Rule Text

The Common Elements shall be used only for the purposes set forth in the Declaration and By-Laws.

Plain English

Common areas can only be used for what the governing documents allow. No setting up businesses, no exclusive personal use, etc.

Section B(4)

Residential Use Only

Rule / Restriction
Rule Text

Except for model homes constructed by Declarant, no Lot shall be used for any purpose other than for residential use.

Plain English

Your home is for living - no running businesses, no commercial activity. Only the developer can have model homes.

Section B(5)

Lot Maintenance Standard

Maintenance Requirement
Rule Text

Lots shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Planned Community.

Plain English

Keep your property looking as good as your neighbors'. The community standard is the benchmark - if everyone else mows weekly, you should too.

Section B(6)

Structural Addition Approval

Owner Obligation
Rule Text

No material structural addition or improvement to a Lot shall be constructed without the approval of the Declarant and/or the Executive Board.

Plain English

Want to add a deck, room, or major improvement? You need written approval from the developer (while they're in control) or the Board. Submit plans BEFORE you start.

Section B(7)

No Noxious Activity

Rule / Restriction
Rule Text

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.

Plain English

Don't be a nuisance. No loud parties, obnoxious smells, or activities that bother your neighbors. This is intentionally broad - the Board decides what counts.

Section B(8)

No Garage/Unfinished Living

Rule / Restriction
Rule Text

No garage or other structure other than the dwelling for which the plans have been approved shall be used as a residence, temporarily or permanently, nor shall any dwelling, foundation or basement in the process of construction be used for residential purposes.

Plain English

You can't live in your garage, shed, or unfinished basement/foundation. Only completed, approved living spaces count as residences.

Section B(9)

Outbuilding & Play Equipment

Owner Obligation
Rule Text

No playhouse, treehouse, tool house, shed, greenhouse, gazebo, 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 within the Planned Community without the approval of the Declarant and/or Executive Board as to the size, design, materials and location.

Plain English

Swing sets, sheds, treehouses, gazebos, trampolines - ALL need approval before you install them. Submit size, design, materials, and proposed location for review.

Section B(10)

Fence Height & Location Rules

Rule / Restriction
Rule Text

No additions, decks, awnings, hedges, walls, landscape mounds, large landscape installations or fences shall be permitted on any Lot unless approved as to height, location, material, and design by the Declarant. Fences shall be limited to a height of six feet (6') on Lots which contain a pool, and limited to a height of four feet (4') on Lots which do not contain a pool. All fences must include a gate at least thirty six inches (36") in width to permit access to the Lot for mowing purposes. Fences shall not be permitted in the front yard of any Lot, and all fences shall not extend past the front corner of the dwelling. No fences shall extend into the right-of-way of any street or alley.

Plain English

Fence rules: 4 feet max (6 feet if you have a pool). No front yard fences. Must have 36" gate for maintenance access. Cannot go past front of house. Needs Declarant approval for height, materials, location, design.

Section B(11)

Lawn Ornament Restrictions

Rule / Restriction
Rule Text

Excessive lawn ornaments which are out of character with the neighborhood shall be prohibited.

Plain English

Keep lawn decorations reasonable and tasteful. No yard full of gnomes or flamingos. What's "excessive" is up to the Board to decide.

Section B(12)

Mailbox Requirements

Rule / Restriction
Rule Text

Only mailboxes approved by the U.S. Postal Service shall be permitted. Presently, only cluster mailboxes are approved by the U.S. Postal Service. Furthermore, the location and design of mailboxes shall be approved by the Declarant.

Plain English

You use the community cluster mailboxes - no personal mailbox at your house. The HOA maintains these as a common element.

Section B(13)

Solar Panel Approval

Owner Obligation
Rule Text

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 for heating or cooling or for any other purpose shall be permitted without approval from the Declarant and/or the Executive Board.

Plain English

Solar panels need approval before installation. Note: PA law (Act 51) limits how much HOAs can restrict solar, but they can still require approval for aesthetics and placement.

Section B(14)

Pool & Sport Court Approval

Owner Obligation
Rule Text

No swimming pools or sport courts shall be permitted on any Lot unless approved as to location, material and design by the Declarant, and/or Executive Board.

Plain English

Pools and basketball courts need approval. Submit plans showing location, materials, and design. Above-ground and in-ground pools both need approval.

Section B(15)

Owner Damage Liability

Liability Release
Rule Text

Lot Owners are responsible for any property damage caused by their families, pets, guests, or decorative items.

Plain English

If your kid, dog, houseguest, or Halloween decoration damages someone's property, YOU pay for it. Your homeowner's insurance should cover this.

Section B(16)

Sign Restrictions

Rule / Restriction
Rule Text

No signs of any character shall be erected, posted or displayed on any Lot, except: 1) marketing signs installed by Declarant or any Approved Builder while actively marketing Lots for sale; 2) street and identification signs installed by the Association or Declarant; 3) one temporary real estate sign advertising that such Lot is on the market; or 4) political signs in accordance with the Rules and Regulations established by the Association.

Plain English

Signs allowed: Builder marketing signs, street signs, ONE for-sale sign when selling, political signs (with rules). Not allowed: Business signs, multiple yard signs, etc.

Section B(17)

Common Element Maintenance Responsibility

Maintenance Requirement
Rule Text

Maintenance of the Common Elements and structural repair of the Limited Common Elements are the responsibilities of the Association, but are charged as a General Common Expense or a Limited Common Expense, as the Declaration provides.

Plain English

The HOA handles common area maintenance - paid from your dues. Limited common elements (like shared driveways for townhomes) get billed to just those owners who share them.

Section B(18)

No HOA Liability for Personal Property

Liability Release
Rule Text

The Association shall in no event be liable for the loss, destruction, theft, or damage of personal property placed on any Common or Limited Common Elements.

Plain English

If you leave something in a common area and it gets stolen or damaged, the HOA is NOT responsible. Don't leave valuables in shared spaces.

Section B(19)

Weed & Growth Control

Maintenance Requirement
Rule Text

No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any Lot in the area of the property line abutting any street.

Plain English

Keep the street-facing part of your yard weed-free. If grass borders the street, keep it mowed and maintained.

Section B(20)

No Refuse or Unsightly Storage

Rule / Restriction
Rule Text

No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain on any Lots. No Lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any lot that will emit foul or obnoxious odors or that will cause any noise that will or might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding Lots.

Plain English

No junk piles, no outdoor storage that looks bad, no smelly stuff, no constant noise. Keep your property clean and not annoying to neighbors.

Section B(21)

Board Cleanup Authority & Lien

Legal Provision
Rule Text

In the event that any Lot Owner shall refuse to keep his Lot free from weeds, underbrush, refuse piles, or other unsightly growths or objects, the Executive Board, or its designee, may enter upon such Lot and remove the same at the expense of the Lot Owner, and such entry shall not be deemed a trespass. In the event of such a removal, a lien shall arise and be created in favor of the Association and against such Lot for the full amount chargeable to such Lot, and such amount shall be due and payable within thirty (30) days after demand is made therefore.

Plain English

If you don't clean up your property, the Board can come in and do it for you, then bill you. If you don't pay within 30 days, they can put a lien on your house. This is serious - liens affect your ability to sell or refinance.

Section B(22)

Window Treatment Colors

Rule / Restriction
Rule Text

Only neutral (white, ivory, cream or neutral wood stain) blinds or drape linings will be permitted which may be visible from the exterior.

Plain English

Window coverings visible from outside must be neutral colors - white, ivory, cream, or natural wood. No bright colored blinds facing the street.

Section C(1)

Keep Walkways Clear

Rule / Restriction
Rule Text

Walkways and/or sidewalks, if installed, shall not be obstructed.

Plain English

Don't block sidewalks or walkways. This includes not parking across them, not leaving bikes/toys on them, and keeping them clear of snow.

Section C(2)

No Toxic Discharge to Storm Drains

Rule / Restriction
Rule Text

No Lot Owner, guest, licensee, invitee or others shall discharge any toxic non-biodegradable substance into any storm water sewer(s) or open drain-ways. Such substances shall include, but not be limited to: paint, oil, gasoline, any and all petroleum products, kerosene, paint thinner, anti-freeze and the like, and any and all substances as defined by and as the same as is commonly understood by the Environmental Protection Agency or any other agency or organization having jurisdiction over same.

Plain English

NEVER pour paint, oil, gas, antifreeze, or chemicals down storm drains. These go directly to creeks and groundwater - not to a treatment plant. Dispose of hazardous materials properly.

Section C(3)

No Drainage Interference

Rule / Restriction
Rule Text

No Owner, guest, licensee, invitee or others shall take any action to interfere and/or impede with the flow of storm water for drainage purposes.

Plain English

Don't block, redirect, or mess with drainage. This includes not filling in swales, not blocking drainage pipes, and not grading your yard in ways that affect water flow.

Section C(4)

Open Burning Restrictions

Rule / Restriction
Rule Text

Open burning is not permitted on any Lot, except that outdoor fireplaces, fire pits, grills, and chimineas may be used if equipped with fire screens to prevent discharge of embers or ashes.

Plain English

No burning leaves or trash. Fire pits and outdoor fireplaces are OK if they have a screen to contain sparks. Grills are fine. Check local fire ordinances too.

Section D(1)

No Common Element Alteration

Rule / Restriction
Rule Text

No Common Elements shall be altered without the prior written consent of the Executive Board.

Plain English

Don't modify common areas without Board approval. This includes not installing things, not removing things, and not changing landscaping in common spaces.

Section E(1)

Driveway Parking Only

Rule / Restriction
Rule Text

Outside parking in areas other than driveways shall not be permitted.

Plain English

Park in your driveway or garage only. No parking on the lawn, in common areas, or on the street long-term.

Section E(2)

Licensed Vehicles Only

Rule / Restriction
Rule Text

Only licensed motorized vehicles are allowed in driveways and streets of the Planned Community.

Plain English

All vehicles in driveways and streets must be registered and licensed. No ATVs, dirt bikes, or unlicensed vehicles on streets.

Section E(3)

Trucks & Trailers in Garage Only

Rule / Restriction
Rule Text

Except in connection with construction activities, trucks, trailers, and other large vehicles may be parked on a Lot only if in garages. No junk or derelict vehicle or other vehicles on which current registration plates are not displayed shall be kept upon any portion of a Lot. Vehicle repairs and storage of vehicles are permitted on a Lot only if in garages.

Plain English

Work trucks, trailers, and large vehicles must be in the garage - not the driveway. No cars without current plates. Car repairs must happen inside the garage, not in the driveway.

Section E(4)

RV & Boat Parking Limit

Rule / Restriction
Rule Text

Campers, recreational vehicles and boats may not be parked in driveway for a period of more than 2 weeks within any six (6) month period for the purpose of cleaning, loading or unloading.

Plain English

RVs and boats can only be in your driveway for 2 weeks per 6 months - just for loading, cleaning, or prep. Then they must go to storage. No long-term driveway storage.

Section E(5)

No Vehicle Storage in Driveway

Rule / Restriction
Rule Text

No vehicles of any kind not utilized on a daily basis shall be "stored" in the driveways or streets. No automobiles shall be stored under protective coverings in the driveways or streets.

Plain English

Cars you don't drive daily can't sit in the driveway. No car covers in the driveway (this indicates storage). Use your garage or off-site storage.

Section F(1)

Pet Registration & Vaccination

Rule / Restriction
Rule Text

All pets must be registered and inoculated as required by law.

Plain English

Dogs need to be licensed with the county and have current rabies shots. This is Pennsylvania law, not just HOA rules.

Section F(2)

Pet Liability

Liability Release
Rule Text

Each Lot Owner shall indemnify and hold harmless the Association from any claims of property damage and/or personal injury made as a result of the action of their or their guest's pets.

Plain English

If your pet (or your guest's pet) hurts someone or damages property, YOU are responsible - not the HOA. Make sure your homeowner's insurance covers pet liability.

Section F(3)

Leash Requirement

Rule / Restriction
Rule Text

Pets must be leashed and accompanied by a responsible adult at all times when occupying any Common Areas or property not owned by the pet owner. Otherwise, a pet may be fenced or be allowed within the Lot Owner's Lot provided that, in all of the foregoing events, the Owner is available to attend to the pet.

Plain English

Dogs must be on a leash with an adult in common areas and other people's property. In your own yard, the dog can be off-leash if fenced OR if you're outside attending to it.

Section F(4)

Township Pet Ordinance Compliance

Rule / Restriction
Rule Text

Lot Owners must comply with all ordinances of Adams Township governing pets.

Plain English

Follow Adams Township pet laws too - they're in addition to these HOA rules. Township ordinances may be stricter in some areas.

Section F(5)

Pet Damage Liability

Owner Obligation
Rule Text

Lot Owners must protect the property of others from damage by their pets and will be liable for any damages caused by their pets.

Plain English

If your dog digs up a neighbor's garden or damages their property, you pay for repairs. Keep your pets under control.

Section F(6)

Pet Waste Cleanup

Owner Obligation
Rule Text

Lot Owners must promptly remove and properly dispose of their pet's droppings.

Plain English

Pick up after your dog - immediately. Carry bags. This applies in common areas AND other people's yards.

Section F(7)

Pet Removal for Violations

Legal Provision
Rule Text

As set forth in the attached schedule, the Association may require the permanent removal of any pet violating these rules upon written notice to the Lot Owner.

Plain English

Repeat pet violations can result in being required to remove your pet from the community. The fine schedule shows: 1st offense = warning, 2nd = $25, 3rd = $100 and possible pet removal.

Section F(8)

Allowed Pet Types

Rule / Restriction
Rule Text

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 shall be permitted. Household pets shall be limited in number as to not cause a nuisance to the residents and guests and may not be located on Lots or within the Planned Community for commercial purposes.

Plain English

Dogs, cats, and typical household pets only. No chickens, goats, pigs, or livestock. No outdoor cages or kennels. Don't have so many pets it becomes a nuisance. No breeding businesses.

Section G(1)

No Trash Burning or Storage

Rule / Restriction
Rule Text

Except in connection with construction activities, no burning of any trash and no accumulation or storage of litter, refuse, bulk materials, building materials or trash of any other kind shall be permitted on any Lot.

Plain English

Don't burn trash. Don't stockpile construction materials, junk, or refuse on your lot (except during active construction with permits).

Section G(2)

Trash Container Visibility

Rule / Restriction
Rule Text

Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection.

Plain English

Keep trash cans out of sight - in the garage or behind the house. Only put them out on collection day.

Section G(3)

Trash Container Removal

Rule / Restriction
Rule Text

Receptacles must be removed from the curb side the day of the pick-up.

Plain English

Bring your trash cans back in the same day they're emptied. Don't leave them at the curb overnight.

Section G(4)

Trash Pickup Schedule

Rule / Restriction
Rule Text

Trash pick-up will be on the day specified by the service provider.

Plain English

Put trash out on the designated collection day. Check with your trash service provider for the schedule.

Section G(5)

No Incinerators

Rule / Restriction
Rule Text

No incinerators shall be kept or maintained on any Lot.

Plain English

No trash incinerators allowed. Use the trash service for disposal.

Section H(1)

Declarant 10-Year Amendment Right

Legal Provision
Rule Text

The Declarant reserves to itself the right during the first ten (10) years of the initial term (i.e. until 2032) to prepare and record further covenants and restrictions without joinder of any Owner which are not inconsistent herewith, as it may deem advisable for the maintenance, use, conservation and beautification of the Lots in the Planned Community and for the health, comfort, safety and general welfare of the Owners of said Lots.

Plain English

The developer can add new rules and restrictions until 2032 (10 years from community start) without owner approval - as long as they don't conflict with existing rules. This is longer than the 7-year control period in the Declaration.

Section H(2)

Amendment Requirements After 10 Years

Legal Provision
Rule Text

Any such amendment after the first ten (10) years of the initial term shall require the requisite percentage of Owners who own Lots in the Plan to join in and consent to the change as required by this Declaration and the Act.

Plain English

After 2032, changing these rules requires owner approval per the Declaration (2/3 vote for Declaration amendments). The Board can still amend Rules per Section B(2), but major covenant changes need owner votes.

Section I - Pets

Pet Violation Penalties

Legal Provision
Rule Text

Pets (general): 1st Notice - Written request to pet owner for compliance and notice of consequences for subsequent violations. 2nd Notice - A $25.00 fine will be imposed for a second violation. 3rd Notice - A $100.00 fine will be imposed for each subsequent violation and removal of pet may be required.

Plain English

Pet violations: 1st time = warning letter. 2nd time = $25 fine. 3rd time = $100 fine AND they may require you to remove the pet.

Section I - Pet Damage

Pet Damage Penalties

Legal Provision
Rule Text

Pets (damage to lawn and shrubs): 1st Notice - Written request to pet owner for damage repair within 30 days and notice of consequences for inaction. 2nd Notice - A $25.00 fine will be imposed. 3rd Notice - A $100 fine and costs will be imposed and removal of pet may be required.

Plain English

Pet damage: 1st time = 30 days to repair. 2nd time = $25 fine. 3rd time = $100 fine + repair costs + possible pet removal.

Section I - Vehicles

Vehicle Violation Penalties

Legal Provision
Rule Text

Stored/unmoved vehicle: Vehicle ticketed and/or written request for compliance within 72 hours. After 72 hours local Police will be notified to tow, vehicle owner will be billed. A $100 fine will be imposed for each subsequent violation.

Plain English

Illegal parking/storage: 72-hour warning. Then police can tow (you pay). Repeat offenses = $100 fine each time.

Section I - General

General Violation Penalties

Legal Provision
Rule Text

All other violations: 1st Notice - Written request to Lot owner for compliance and notice of consequences for subsequent violations. 2nd Notice - A $25.00 fine will be imposed for a second violation. 3rd Notice - A $100.00 fine will be imposed for each subsequent violation.

Plain English

All other rule violations: 1st time = warning. 2nd time = $25 fine. 3rd time = $100 fine. These add up and can become liens on your property.

Violation & Fine Schedule

Understanding enforcement and penalties

Pet Violations

1st

Written warning with compliance request

2nd

$25 fine

3rd+

$100 fine + possible pet removal requirement

Vehicle Violations

1st

72-hour warning to comply

2nd

Police notified, vehicle towed at owner expense

3rd+

$100 fine each subsequent violation

All Other Violations

1st

Written warning with compliance request

2nd

$25 fine

3rd+

$100 fine each subsequent violation

Unpaid Fines = Liens

Unpaid fines become liens on your property. Per Section B(21), the HOA can:

  • Enter your property to fix violations
  • Bill you for the work + administrative costs
  • Place a lien if not paid within 30 days
  • Liens affect your ability to sell or refinance

Key Things to Remember

  • • The Board can amend these rules anytime without owner vote
  • • Declaration rules override these Rules if there's a conflict
  • • Declarant can add new rules until 2032 without approval
  • • Most exterior changes need Declarant (not Board) approval
  • • Adams Township laws also apply in addition to these
  • • Violations accumulate - they don't reset