FIFTH AMENDMENT TO
PROTECTIVE COVENANTS, EXCEPTIONS, RESERVATIONS AND CONDITIONS
BEECH MOUNTAIN LAKES
THIS FIFTH AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS, EXCEPTIONS, RESERVATIONS AND CONDITIONS FOR BEECH MOUNTAIN LAKES ("Fifth Amendment to the Declaration") made as of this 20th day of September,1989, by BEECH MOUNTAIN LAKES CORPORATION, a Pennsylvania corporation, for itself and its successors and assigns ("Declarant").
WHEREAS, Declarant is the owner of the real property now known as "Beech Mountain Lakes" (formerly known as "Lake of the Four Seasons"), a subdivision situated in the Townships of Butler, Foster and Dennison in Luzerne County, Pennsylvania, which real property is hereinafter referred to as the "Development", and;
WHEREAS, the Declarant has heretofore filed the Declaration of Protective Covenants, Exceptions, Reservations and Conditions for Beech Mountain Lakes ("Declaration"), which Declaration was recorded on May 1, 1985, in Book 2158, Pages 1028-1103 in the Office of Recorder of Deeds, Luzerne County, Pennsylvania; and amendments thereto of May 17, 1985, in Book 2159, Pages 502-504 in the Office of Recorder of Deeds, Luzerne County, Pennsylvania; on October 23, 1985, in Book 2174, Pages 428-434 in the Office of Recorder of Deeds, Luzerne County, Pennsylvania, on December 30, 1985, in Book 2180, Pages 622-633 in the Office of Recorder of Deeds, Luzerne County, Pennsylvania; and on November 13, 1987, in Book 3251, Pages 727-729 in the Office of the Recorder of Deeds, Luzerne County, Pennsylvania.
WHEREAS, Section 21.4 of the Declaration provides that the Declarant, may amend the Declaration, for whatever reason, at any time prior to December 31, 1989.
NOW, THEREFORE, the Declaration is amended only as set forth in this 5th Amendment to the Declaration. Those Sections or subparagraphs thereof contained herein shall supplant and replace the Sections or subparagraphs thereof that bear the same Section or subparagraph number. All other terms of the Declaration not changed by this 5th Amendment to the Declaration shall be effective as of, and relate back to, the date of recordation of the Declaration in the Office of Recorder of Deeds, Luzerne County, Pennsylvania.
21.4 Amendment by Declarant. Declarant reserves the right to amend this Declaration, without the approval of any other Owners or the Association or Mortgagees of Record, for whatever reason, at any time prior to December 31, 1992.
Anything herein to the contrary notwithstanding, Declarant reserves the right and power to record an amendment to this Declaration at any time from time to time which amends this Declaration (i) to comply with requirements of the Federal National Mortgage Association the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, the Federal Housing Administration, the Veteran's Administration, or any other governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently performed by such entities, (ii) to induce any of such agencies or entities to make, purchase, sell, insure, guarantee or otherwise deal with first mortgages covering Units, (iii) to correct clerical or typographical errors in the Declaration or any exhibit thereto, (iv) to bring the Declaration into compliance with applicable laws, ordinances or governmental regulations, (v) to amend the Declaration so as to establish a date certain as to Declarant's termination of control of the Association as provided in Section 11.3, or (vi) to restate or compile all previous amendments to a single document.
As provided in Sections 4.1 and 126.1, as long as it is deemed the Owner of any Common Area, Community Common Area or Sports Facility, Declarant reserves the right to add to any existing Common Area, Community Common Area or Sports Facility or construct additional Common Area, Community Common Areas or Sports Facilities.
Further, Declarant may change the arrangement of any Common Area or Community Common Area provided that the necessary consent of the Owners has been obtained consistent with Section 4.1.
Declarant has the right to unilaterally effectuate any such amendments to this Declaration as may be necessary or required in Declarant's sole discretion, to effectuate such actions, provided that such amendment shall not increase the proportion of Common Expenses borne by the Owners, decrease an Owners voting rights or decrease the size of an Owner's Interest.
In addition, pursuant to Section 7.4, prior to the Turnover Date, the Declarant reserves the right and power to record an amendment to this Declaration to establish additional categories of properties and ratios for the allocation of the Association Assessment for such additional categories.
In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to make or consent to such amendments on behalf of each Owner. Each deed, Membership certificate, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Unit and the acceptance thereof shall be deemed to be a grant and acknowledgement of, and a consent to the reservation of, the power to the Declarant to make, execute and record such amendments. The right and power to make such amendments hereunder shall terminate at such time as the Declarant is no longer vested with or controls title to any Interest in the Development.
Any such amendments to this Declaration shall become effective upon the recording in the Office of Recorder of Deeds, Luzerne County, Pennsylvania, of an instrument executed by Declarant, setting forth the text of such amendment in full, together with the appropriate recording date for this Declaration. Such amendment need only be executed and acknowledged by Declarant, and need not be consented to by and Owners Community Association, the Association, any Mortgagees of Record, lienholders or any other parties.
Notwithstanding the above, a Community Declaration shall be amended only as provided in each respective Community Declaration.