Wildflower Village Community Association

Original text as follows:

Declaration of Conditions, Restrictions, and Covenants affecting the townhouse development known as “Wildflower Village”

The following is a Declaration of Conditions, Restrictions, and Covenants created by Wildflower Village, Inc. and intending to bind and to forever run with those certain premises situate in the Borough of Exeter, County of Luzerne, and Commonwealth of Pennsylvania, which were acquired by Deed of Joseph Kaminski and John Zucosky, recorded in Luzerne County Deed Book 2452 at page 799. The said premises are presently being developed and are included in the subdivision known as Wildflower Village. Wildflower Village declares that in addition to being subject to all easements, conditions, institutions, and exceptions on are contained in the prior chain of title, any conveyances hereafter made by it from or out of the void premises shall be subject to the following conditions, restrictions and covenants, whether or not they are expressly set forth or contained in any deeds of conveyances or instruments of conveyance:

1. All common walls of any building now or hereafter erected on the premises herein above described and any building or continuous lots shall be party walls.
2. No building erected upon the premises above described shall be used or occupied other than at a private dwelling house, and no business or commercial activity of any kind shall be carried on or permitted upon any portion of the lot above described.
3. No building, porch, bay window or any addition or appendage shall be construction or maintained within or projecting into the front or side yard area of the premises about described as now constituted, nor shall any hedges, fences, or other obstructions be permitted within said front yard area.
4. No buildings, structures, garage or other out building shall be constructed upon the premises above described without the prior written consent of the Grantors or of the Community Association as in hereinafter provided for, when formed, nor shall any structure of a temporary character, such as a trailer, basement, tent, shack, garage, barn, or other out building, be permitted on the lot above described without the prior written approval of the Grantor or the said Community Association.
5. No animals, livestock, or poultry of any king shall be raised, bred, or kept on the premises above described, except a household pet )such as one dog or one cat) provided said pets are not kept, bred, or maintained for any commercial purpose.
6. No signs of any kind shall be displayed to the public view on any lot, excepts one sign of not more than five square feet advertising the property for sale or rent.
7. The grantee herein, its heirs and assigns, by virtue of ownership of the premises above described, shall be members of the Wildflower Village Community Association, or a nonprofit corporation association bearing a different corporate name, formed or to be formed by the Grantors, the membership of which Corporation or Association shall be comprised of all of the property owners owning lots in the Wildflower Village development, being a tact of approximately 36 acres, more or less as described in a survey made by Smith, Miller, and Associates, Inc., dated September 15, 1992 and revised on October 5, 1992, conveyed to Wildflower Village, Inc., by Deed of the Joseph Kaminski and Joe Zucosku of Deed in and for Luzerne County in Deed Book 2452 on page 799.

The Grantor shall cause such community association to be formed for that purpose of the community consisting of the residence owning property within the area described in the aforementioned survey. The Grantor shall convey to said Community Association, when organized, certain portions of the tract to be used as common areas for the benefit of the Grantees of other lots within the tract.

Said Community Association, when formed, shall provide such community functions and the maintenance of the common areas and park areas; the cleaning and snow plowing of the parking areas within the tract; the maintenance and operation of recreational facilities of the community may be established by said Community Association.

When said Community Association is established, each lot owned shall automatically become a member of said Association, and should, by virtue of ownership of the lot within the tract of the ground above mentioned be entitled to one vote without regard to the size of said lot, the number of lots, or the value of said lot or improvements erected thereon.

Management of said Community Association shall be lodged the board of Directors elected by the members in the manner provided by the Articles of Incorporation or Character of the said Association.

Each lot owner shall pay to said association a monthly assessment on the first day of each month beginning on the first day of the month following the date on which said property owner taken title to a lot within the above mentioned tract. The monthly assessment shall be until such time as the amount of said monthly assessment is increased or decreased by the Board of Directors of the Community Association. The Community Association shall have the right to impose a lien upon the property of any member for the amount of any unpaid assessment, and the Grantees hereby authorize the Secretary of the Community Association of any attorney of any Court of Records acting for such officer, to appear for said Grantees and confess judgement against said Grantees for any unpaid assessment, and such power not the extinguished by its exercise, but may be exercised from time to time. Every conveyance by the Grantees to a subsequent lot owner and all transfers by operation of law shall be subject to the foregoing assessment, and the acceptance of the deed or exercise of the rights of ownership by any subsequent Grantee acquiring the title to the premises above described shall constitute an authorization by such Grantee or Grantees for the entry of judgment for unpaid assessments imposed by virtue of membership by such Grantee or Grantees in the Community Association.

Until such time as said Community Association is formed and it’s Board of Directors duly elected, the Grantors shall control the said Community Association for and on behalf of all members and all monthly assessments shall be paid to the Grantors as trustees for said Association, and Grantors shall provide for the maintenance of the streets and common areas out of the assessments paid to the Grantors as above provided, and supplemented by such contributions as may be required of the Grantor for the performance of such services.

During such time as the Grantors shall control the said Community Association for and on behalf of all members, the monthly assessment for services performed shall be twenty ($20.00) dollars* per month payable the first day of each month beginning with the first day of the thirteenth (13th) month following the date on which said property owner takes title to a lot in the above mentioned tract.**

Upon conveyance of the common areas to the Community Association by the Grantor and the establishment of a Board of Director elected by the membership of said Community Association, Grantor shall relinquish control of said Association and thereafter all of the obligations shall be performed by said Community Association. The Grantees herein above named, their heirs, and assigns, together with the Grantees of other lots within the 36 acre tract owned by the Grantors herein, shall by virtue of their ownership of a lot or lots in said tracts, be entitled to the use and benefit of the common areas in said tracts, and shall be subject to assessment by said Community Association for a pro rate portion of the expenses of maintaining the said common areas are determined and assessed from time to time by the Board of Directors or other governing body of said Community Association during the period that the Grantees, their heirs or assigns, hold title to the real estate above described or to other lots within said tracts and shall be bound by the reasonable rules and regulations duly adopted by the governing body of said Community Association as from time to time prescribed.

In witness whereof, the parties have hereunto set their hands and seals this 21st day of July, 1993.

Signed by the then current Wildflower Village, Inc. President. (Signature is illegible.)