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Glen Mills, Pa

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 Bylaws of Concord Woods Homeowners' Association, Inc.

(CWHOA)

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Bylaws of Concord Woods

 Homeowners' Association, Inc.

(CWHOA)

(This documents has been inputted by optical scanner & we have made every effort to eliminate

scanning errors; however, refer to your original document from settlement for final authority) 

 

Article I Name & Location    Notice of Meetings     Powers & Duties  Article VIII Books & Records
Article II Definitions    Adjournment of Meetings     Vacancies  Article IX Corporate Seal
Article III The Association    Voting     Obligation of Council  Article X Amendments
   Membership     Quorum     Meetings of Council  Article XI Fiscal Year
   Suspension of Membership     Proxies & Absentee Ballots  Article V Committees Article XII Construction
   Powers  Article IV Council Article VI Assessments Declaration of Covenants, Restrictions, Easements, Charges and Liens for Concord Woods
   Membership Meetings     The Council  Article VII Compliance/Default

 

ARTICLE I

NAME AND LOCATION

The name of the corporation is Concord Woods Homeowners Association, Inc. hereinafter referred to as the “Association”, which Association is organized and existing as a non-profit corporation under the laws of the Commonwealth of Pennsylvania. The principal office of the corporation shall be initially located at 1541 East Strasburg Rd., West Chester, Pennsylvania 19341, but meetings of members and Directors may be held at such places within or without the Commonwealth of Pennsylvania as may be designated by the Council.

ARTICLE II

DEFINITIONS

Section 1.        Capitalized terms used herein without definition shall have the meanings specified for such terms in the Declaration to which these Bylaws pertain.

Section 2.        “Declaration” shall mean and refer to the Declaration of Covenants, Restrictions, Easements, Charges and Liens for Concord Woods, applicable to The Properties and recorded or to be recorded among the land records in the Office of the Recorder of Deeds for Chester County.

ARTICLE III

THE ASSOCIATION

Section 1.        Membership.   Membership in the Association shall be governed by Article II, Section 1, of the Declaration.

Section 2.        Suspension of Membership.    The rights of membership are subject to the payment of annual and special assessments levied by the Association, the obligation of which assessments is imposed against each Owner of land and becomes a lien upon the property against which such assessments are made as provided by Article I of the Declaration to which The Properties are subject. During any period in which a Member shall be in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use of the Association’s facilities of such Member may be suspended by the Council until such assessment has been paid. Such rights of a Member may also be suspended, after notice and hearing, for a period not to exceed thirty (30) days, for violation of any rules and regulations established by the Council governing the use of the Common Open Space and facilities.

Section 3.      Powers.    The Association shall have the responsibility of administering the Common Open Space and facilities, establishing the means and methods of collecting assessments and charges, arranging for management of the Association and performing all of the other acts that may be required or are permitted to be performed by the Association pursuant to the Declaration. Except as to those matters which the Declaration or these Bylaws specifically require to be performed by the vote of the Association, the foregoing responsibilities shall be performed by the Council or managing agent as more particularly set forth in these Bylaws.

Section 4.        Membership Meetings.

     a. Annual Meeting.    The Annual Meeting of the Members shall be held at the Property on the fourth Wednesday in the month April each year, or on such other date within ninety (90) days after the end of the Association’s fiscal year as the Council shall determine. In the event that an Annual Meeting is not held within any twelve month period and, at the request at least twenty percent (20 of all Members then entitled to vote at any such Meeting, the Council shall call a General Membership Meeting within twenty-five (25) days from the date of such request.

     b. First Annual Meeting.    Notwithstanding subparagraph (a), the first Annual Meeting of the Members, at which Members shall conduct the election described in Article IV, Section 2, below, shall be held on a date within sixty (60) days following the termination of the Class B Membership unless the Developer elects to sooner hold the first Annual Meeting.

     c. Special Meetings.    Special meetings of the Members may be called at any time by the Council or upon the written request of the Members who are entitled to vote one-third (1/3) of all the votes of the entire membership or who are entitled to vote one-third (1/3) of the Class A membership. The notice of any special meeting shall state the time, place and purpose thereof, and shall be held within forty-five (45) days after receipt of the written request by Council. Provided, however, that if the purpose includes the consideration of a capital expenditure, such meeting shall be held within fifteen (15) days after receipt by the Council of said written request. No business shall be transacted at a special meeting except as stated in the notice.

Section 5.    Notice of Meetings.      Written notice of each annual meeting of the Members shall be given by, or at the direction of, the Council or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten (10) days but not more than sixty (60) days before such meeting to each Member entitled to vote thereat, addressed to the Member’s address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such a notice shall specify the place, day and hour of the meeting. Written notice of each special meeting of the Members shall be given by, or at the direction of, the Council or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten (10) days but not more than forty-five (45) days before such meeting to each Member entitled to vote there at, addressed to the Members’ address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice of special meeting shall specify the place, day and hour of the meeting and the purpose of the meeting.

Section 6.    Adjournment of Meetings.    If at any meeting of the Association a quorum is not present, the Council may adjourn the meeting to a time not less than forty-eight (48) hours after the time the original meeting was called.

Section 7.        Voting.   Voting at all meetings of the Association shall be as set forth in Article II, Section 2 of the Declaration.

Section 8.        Quorum.   The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, sixty percent (60%) of the votes of each class of membership shall constitute a quorum for any action, except as otherwise provided in Articles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.

Section 9.     Proxies and Absentee Ballots.    A vote may be cast in person, proxy or by absentee ballot. All proxies shall be duly executed in writing, shall be valid only for the particular meeting designated therein and must be filed with the Council before the appointed time of the meeting. Such proxies shall be deemed revoked only upon actual receipt by the person presiding over the meeting of written notice of revocation from the Grantors of the proxy. No proxy shall be valid for a period in excess of one year after the execution thereof. A proxy is void if it is not dated or purports to be revocable without notice. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot.

ARTICLE IV

COUNCIL

Section 1.    The Council.   The affairs of the Association and the operation, repair and maintenance of the Common Areas shall be managed on behalf of the Association by a board of three natural individuals, who are each Home Lot Owners in compliance with and subject to the Declaration. Such board is herein called “Council” Notwithstanding the foregoing, until conveyance of all of the lots by Declarant, or until the second anniversary after conveyance of the first lot within the Property by Declarant, Declarant shall have the right to designate the members of two of the three seats on the Council, and such Declarant designees need not be Members.

Section 2.    Powers and Duties.    Subject to the limitations and restrictions contained in this Declaration, the Council shall have the right and authority, as agent for and on behalf of the Home Lot Owners, irrevocably so long as necessary, to manage the affairs of the Association and the operation, repair and maintenance of the Basin. Such powers and duties of the Council include, by way of illustration, but are not limited to, the following:

       (a) The operation, repair and maintenance of the Common Areas;

 

       (b) The determination, assessment, collection and payment of the Common      

             Expenses;

 

       (c) The power to enter into and to perform under contracts and other written

             instruments or documents on behalf of the Association;

 

       (d) The opening of bank accounts on behalf of the Association and designating the

             signature therefore; and

       

       (e) The Council shall collectively have the powers customarily vested in the chief  

             executive and financial officers and the secretary of unincorporated associations. 

Section 3.   Vacancies.    Vacancies in the Council occurring after first meeting of Home Lot Owners has been held, shall be filled by a vote of a majority of the remaining members of the Council.

Section 4.        Obligation of Council.

(a) No member of the Council shall be compensated for acting as such.

(b) No agreement, check, or other instrument shall be binding upon the Association unless entered into on its behalf by at least two members of the Council.

(c) Each member of Council shall stand in a fiduciary relationship to the Association. As such, he/she shall exercise that standard of care, and his/her conduct shall be governed by the consideration of the same factors, as applied to the actions of a director of a business corporation or a non-profit corporation under the Corporate Directors Liability Act, at 42 Pa.C.S.A. Section 8363 (a), as the same may be subsequently amended. The cost of insurance and other necessary administrative expenses including legal fees and the expenses defending any action brought against the Association or its Council members shall constitute a common expense and shall be assessed and collectible as such. Complaints brought against the Association or the Council in their respective capacities as such or the basin shall be directed to the Council which shall promptly give written notice thereof to the Home Lot Owners and shall be defended by the Council.

(d) The Council shall maintain complete, accurate and current books and records adequate to reflect full the operations, proceedings and financial condition of the Council and the Association. Such books and records shall be kept at the Property or at such other location within Chester County, Pennsylvania as the Council may from time to time determine and shall be available for examination during regular business hours by the Members and by the persons who have entered into binding written agreement to purchase Home Lots.

(e) The Council shall, within sixty (60) days after the end of each calendar year, provide each Unit Owner with a report of receipts and disbursement of the Association for the year then ended. The annual reports may contain additional information and financial data and the Council may provide interim reports.

Section 5.        Meetings of Council.

a.    Regular Meetings.    Regular meetings of the Council shall be held within a two (2) week period following the annual meeting of Members, and such other times as the Council may determine.

Section 6.    Action Taken Without a Meeting.    The Council shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all Council members. Any action so approved shall have the sane effect as though taken at a meeting of the Council.

ARTICLE V

COMMITTEES

Section 1.    The Association shall appoint such Committees as are deemed appropriate in the sole discretion of the Council, said Committees to be appointed by and in the numbers prescribed by the Council.

Section 2.    It shall be the duty of each Committee to receive complaints from Members on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other Committee or Council as further concerned with the matter presented.

ARTICLE VI

ASSESSMENTS

Section 1.   Creation of the Lien and Personal Obligation of Assessments.   The creation of the lien and personal obligation of assessments is governed by Article IV, Section 1 of the Declaration.

Section 2.   Purpose of Assessments.     The purpose of assessment is as specified in Article IV, Section 2, of the Declaration.

Section 3.    Basis of Annual Assessments.   The basis of annual assessments is as specified in Article IV, Section 3, of the Declaration.

Section 4.   Uniform Rate.    Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.

Section 5.   Special Assessments for Capital Improvements.   Special assessments for capital improvements are as specified in Article IV, Section 4, of the Declaration.

Section 6.   Determination of Annual and Special Assessments.   Annual and Special Assessments shall be determined as specified in Article IV, Section 5 of the Declaration.

Section 7.   Date of Commencement of Assessments: Due Dates.    The date of commencement of assessments is as specified in Article IV, Section 6 of the Declaration.

Section 8.   Effect on Nonpayment of Assessments: Remedies of the Association.   The effect of nonpayment of assessments and the remedies of the Association shall be as specified in Article IV, Section 8, of the Declaration.

Section 9.   Subordination of the Lien to Mortgages.   The lien of the assessments provided for herein shall be subordinate pursuant to the provisions of Article IV, section 9, of the Declaration.

Section 10.   Exempt Property.     Property exempt from the assessments created in the Declaration shall be those properties specified in Article IV, Section 10, of the Declaration.

ARTICLE VII

COMPLIANCE AND DEFAULT

Section 1.   Relief.      Each Member shall be governed by, and shall comply with, all of the terms of the Declaration, these Bylaws, the Rules and Regulations as any of the same may be amended from time to time. In addition to the remedies provided in the Declaration, a default by a Member shall entitle the Association, acting through its Council or through the Managing Agent, to the following relief:

          a.    Additional Liability.   Each Member shall be liable for the expense of all maintenance, repair and replacement rendered necessary by his\her act, neglect or carelessness or the act, neglect or carelessness of any members of their family, of their employees, agents or licensees, but only to the extent that such expense is not covered by the proceeds of insurance carried by the Executive Board. Such liability shall include any increase in casualty insurance rates occasioned by use, misuse, occupancy or abandonment of any Unit or its appurtenances. Nothing contained herein, however, shall be construed as modifying any waiver by any insurance company of its right of subrogation.

          b.    Costs and Attorneys Fees.    In any proceeding arising out of any alleged default by a Member, the prevailing party shall be entitled to recover the costs of such proceedings and such reasonable attorney’s fees as may be determined by the court.

          c.    No Waiver of Rights.   The failure of the Association, the Council or of a Member to enforce any right, provision, covenant or condition which may be granted by the Declaration, the Bylaws, or the Rules and Regulations shall not constitute a waiver of the right of the Association, the Council or the Member to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association, the Council of any Member pursuant to any term, provision, covenant or condition of the Declaration, these Bylaws, or the Rules and Regulations shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other privileges as may be granted to such party by the Declaration, these Bylaws, or the Rules and Regulations or at law or in equity.

          d.    Abating and Enjoining Violations by Members.    T h e violation of any of the Rules and Regulations adopted by the Council, the breach of any Bylaw contained herein or the breach of any provision of the Declaration shall give the Council the right, in addition to any other rights: (a) to enter the residence in which, or as to which, such violation or breach exists and. summarily to abate and remove, at the expense of the defaulting Member, any structure, thing or condition that may exist therein contrary to the intent and meaning of the provisions hereof, and the Council shall not thereby be deemed guilty in any manner of trespass; or (b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.

          e.    Penalty Assessment.    In addition to any of the assessment provided for in the Declaration, should any Member violate any of the Rules and Regulations adopted by the Council, or breach any Bylaw herein contained or breach any provisions of the Declaration, then, in that event, the Council in addition to other rights granted to it herein, may upon a majority vote of the Members present, impose a penalty assessment upon the defaulting Member in the maximum amount of $50.00 for the first violation; a maximum amount of $150.00 for the second violation; and a maximum amount of $300.00 for each violation thereafter. All Members so assessed shall be obligated to pay the amount of such assessment along with their next monthly assessment and such penalty assessment shall be a lien as of the effective date as set forth in the preceding sections of these Bylaws. The penalty schedule set forth herein may be amended and modified, from time to time, by majority vote of the Council, without amending these Bylaws by vote of the Members.

ARTICLE VIII

BOOKS AND RECORDS

The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. 

ARTICLE IX

CORPORATE SEAL

The seal of the Association shall consist of two concentric circles between the circumference of which shall be inscribed the name, “Winston Cutting Homeowners Association, Inc.”, and within the circumference of the inner circle the words, “Incorporated, Pennsylvania” and the year of the incorporation.

ARTICLE X

AMENDMENTS

These Bylaws may be amended by the Council provided that those provisions of these Bylaws which are governed by the Declaration or by the Articles of Incorporation of this Association may not be amended except as provided in the Articles of Incorporation or applicable law; and provided, further that any matter stated herein to be or which is in fact governed by the Declaration applicable to The Properties may not be amended except as provided in such Declaration.

ARTICLE XI

FISCAL YEAR

Unless otherwise established or subsequently altered by resolution of the Council, the fiscal year of the Association shall begin on the first day of January and end on the thirty-first day of December of every year.

ARTICLE XII

CONSTRUCTION

 

Section 1.    In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control; and in the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control; and in the case of any conflict between the Declaration application to The Properties and these Bylaws, the said Declaration shall control.

Section 2.    Number and gender, as used in these Bylaws, shall extend to and include both singular and plural and all genders as the context and construction requires.

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