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Amendment 2 SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, EXCEPTIONS,
RESERVATIONS AND CONDITIONS FOR BEECH MOUNTAIN LAKES THIS SECOND AMENDMENT TO THE
DECLARATION OF PROTECTIVE COVENANTS, EXCEPTIONS, RESERVATIONS AND CONDITIONS
FOR BEECH MOUNTAIN LAKES (“Second Amendment to the Declaration”) made as of
this 23rd day of October, 1985, by BEECH MOUNTAIN LAKES CORPORATION,
a Pennsylvania corporation, for itself and it 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 1022-1103 in the Office for
Recording of Deeds, Luzerne County, Pennsylvania; and 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, 1985; NOW THEREFORE the Declaration is amended only as
se forth in this Second Amendment to the Declaration. Those Section or
subparagraphs thereof contained herein shall supplant and replace the Sections
or subparagraphs thereof that bear the same Section or subparagraph number or
designation. All other terms of the Declaration not changed by this Second
Amendment to the Declaration are reaffirmed. It is the intent of the Declarant
that the terms of this Second Amendment to the Declaration shall be effective
as of, and relate back to, the date of recordation of the Declaration in the
Office for Recording of Deeds, Luzerne County, Pennsylvania. SECTION 3 3.10 Mineral Rights.
All coal, oil, gas, mineral, mining and drilling rights are reserved to parties
other than the Declarant. Under the Act of Assembly of the Commonwealth of
Pennsylvania of 1957, P.L. 984 #1 and its amendments, notice that the title to
coal underlying a piece of land and that the right of support are not included
must be given to all purchasers. This notice appears in some prior deeds in the
chain of title to the lands included in the Development. Therefore, the
required notice will be placed in bold type, as required on the face of all
deeds to lands in the Development as follows: THIS DOCUMENT MAY NOT SELL, CONVEY,
TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OP SUPPORT
UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR
OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF
SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND
AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN THE LAND. THE INCLUSION OF
THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES
OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. SECTION 4 4.1 Ownership of Common
Areas. Declarant intends to construct, operate and maintain certain
facilities within the Development from time to time (“the 'Common
Areas"). The Common Areas shall be identified and designated by Declarant,
who may add to the Common Areas at any time without the consent of the
Association. All Common Areas are private property owned by Declarant and shall
remain private property. Declarant’s execution and recording of a PIat shall
not be construed as a dedication to the public of any of the Common Areas. In
the event Declarant wishes to change the arrangement of any Common Areas,
Declarant shall obtain the approval of fifty percent (50%) of all Owners, other
than the Declarant, and one hundred percent (100%) of all Owners, other than
the Declarant, whose property shares a common boundary with the property to be
specifically changed, prior to instituting any such change. For example,
if Declarant proposes to relocate an entire golf course, all Owners whose property
shares a common boundary with the golf course must grant their approval for the
change. However, if the Declarant proposes to change the location of one hole
on the golf course, only the approval of those Owners whose property shares a
common boundary with the hole to be changed would be necessary. The legal status of the relation
between the Owners and the Declarant, or whatever entity owns the Common
Areas, with regard to the Common Areas, shall be that the owner of a Common
Area shall be deemed a licensor and the Owners shall be deemed licensees. The
Common Areas shall be available to Owners, their families, guests, invitees and
licensees, subject to payment of the Charges described herein, any individual
use or user fees, the Rules and Regulations affecting each Common Area and any
further restrictions or limitations contained therein or herein. Declarant may, in its sole
discretion, convey the Common Areas to the Association. Declarant may convey
each Common Area one at a time, or convey all Common Areas at the same time.
Declarant may convey one, some or all Common Areas. On the date of said
conveyance, the Common Areas, or the part thereof conveyed, shall be tree and
clear of all liens and encumbrances, subject only to Liens for taxes not then
delinquent, such easements and rights-of-way as then appear of record and
perpetual non-exclusive easements from and to the Common Areas as described
herein. Such conveyance shall be made without monetary or other charge to the
Association. Such conveyance shall be deemed delivered for all purposes upon
Declarant’s recording thereof in the Office of the Recorder of Deeds of
Luzerne County, Pennsylvania. The Association shall be obligated to accept the
conveyance(s) by the Declarant to the Association of any and all Common Areas
and shall have no right to refuse such conveyance. Upon conveyance of some or
all at the Common Areas to the Association, all rights, powers, privileges and
immunities of Declarant, as such, with respect to the Common Area conveyed, shall
vest in the Association. Declarant further reserves the
exclusive right to dedicate any roads, streets and avenues in the Development
to public use without the joinder, release or consent of any Owner, grantee or
transferee and such Owner, grantee or transferee hereby releases all damages
and claims resulting therefore. As provided in Section 21.4, as long as the Declarant
holds title to a Common Area, Declarant reserves the right to change the
arrangement of any such Common Area and to construct additional facilities
within any such Common Area. Subject to the rights of all owners as set forth
in Sections 3.1 and 3.2, so long as it holds title to a Common Area, Declarant
may sell, convey, mortgage, hypothecate or encumber, lease, cent, use, occupy and
improve such Common Area in its sole discretion. Any encumbrance of a Common
Area will contain a non-disturbance clause protecting the ownership rights of
all Owners. SECTION 5 5.1 Ownership of
Community Common Areas. Declarant intends to construct, operate and
maintain certain facilities within the Communities from time to time (the
“Community Common Areas") The Community Common Areas shall be identified and designated on a
recorded Plat of the Community. The Community Common Areas shall be available
only to Owners of the Community in which they are located, their families,
guests, invitees and licensees, subject to payment of the Charges described
herein, any individual use or user fees, the Rules and Regulations affecting
each Community Common Area and any further restrictions or limitations
contained therein or herein. Declarant may, in its sole
discretion, convey the Community Common Areas to the Association or to the
Community Association for the Community in which they are located. Declarant
may convey each Community Common Area one at a time, or convey all Community
Common Areas at the same time. Declarant may Convey one, some or all Community
Common Areas. On the date of said conveyance, the Community Common Areas, or
the part thereof conveyed, shall be free and clear of all liens and
encumbrances, subject only to liens for taxes not then delinquent, such
easements and rights-of-way as then appear of record and perpetual
non-exclusive easements from and to the Community Common Areas, which shall be
deemed delivered for all purposes upon Declarant's recording thereof in the
Office of the Recorder of Deeds of Luzerne County, Pennsylvania. The
Association or the Community Association, as the case may be, shall be
obligated to accept any such conveyance and shall have no right to refuse such
conveyance. Upon conveyance of some or all of the Community Common Areas to the
Association or a Community Association, all rights, powers, privileges and
immunities ot Declarant, as such, with respect to the Community Common Area
conveyed, shall vest in the Association or applicable Community Association.
Subject to the provisions and limitations of the relevant Community
Declaration, so long as it holds title to a Community Common Area, Declarant
may sell, convey, mortgage, hypothecate or encumber, lease, rent, use, occupy
and improve such Community Common Area in its sole discretion. Any encumbrance
of a Community Common Area will contain a non-disturbance clause protecting the
ownership rights of all Owners. SECTION 7 7.4 Allocation
of Association Assessment. The Association Assessment shall be
allocated as follows: (a) The Association Assessment for
each Owner shall vary according to the type of property and the status of
improvement to that property and shall be based on the following ratios: Residential
Dwelling Unit — 1.0 Commercial Unimproved Lot — 2.0 per
acre Commercial
Improved Lot — 2.0 per
acre Revisions to the above listed
categories and ratios or additional categories and the ratio for such
categories may be unilaterally established by the Declarant at any time prior
to the Turnover Date by recording an amendment to this Declaration pursuant to
Section 21.4 hereof. After the Turnover Date, the Association may only revise
the above listed categories and ratios or establish additional categories and
ratios by recording an amendment pursuant to the provisions of Section 21.3
hereof. (b) The formula used to calculate the Association Assessment is as
follows: Association Assessment per Residential Dwelling Unit = (Total Estimated Common Expenses for ensuing year)-
($120 X # Charter Members) ___________________________________________________________________________________ (1.00 X # Sold Residential Dwelling Units) + (.2 X # Sold Residential
Unimproved Lots) + (.2 X # Sold Timesharing Unit Weeks) + (.2 X #
Sold Campground Interests) + (2.0 X # Sold Commercial Unimproved Acres) + (2.0
X # Sold Commercial Improved Acres). Notwithstanding the above, the
Declarant, in its absolute discretion, but with no obligation whatsoever, may
reduce the amount of the Association Assessment by subsidizing the assessment.
However, all such reduced assessments shall remain in the same ratios set forth
above and no one category shall be reduced proportionately more than another. (c) Notwithstanding the above, those persons listed on Exhibit B hereto,
which is incorporated herein by reference, who originally purchased lots from
Eastern Pennsylvania Marine Properties, Inc., and who still own said lot or
lots ("Charter Members"), will pay $10.00 per lot per month as the
Association Assessment for road maintenance, security, recreational facilities
and maintenance. No additional Association Assessment will be made to such
owners for construction and maintenance of additional amenities other than
reasonable user fees. This right of limited assessment is nontransferable. (d) Notwithstanding anything to the contrary herein, the Association
Assessment shall not increase more than 10% per year, cumulatively, from the
date of recordation of this Declaration, i.e., if the Association Assessment
does not increase for two years, it may not be increased more than 20% in the
following year (10% each year, cumulatively). 7.8 Special
Assessments. The Association Board may levy a Special Assessment as
provided in this Section: (a) to pay (or build up reserves
to pay) expenses other than Common Expenses or Community Common Area Expenses
incurred (or to be incurred) by the Association from time to time for a
specific purpose, including, without limitation, to make alterations, additions
or improvements to the Common Areas, any Community Common Area or any other
property owned or maintained by the Association; or (b)
to repair damage caused by extraordinary causes other than normal wear
and tear which are not covered by insurance, including, without limitation,
such causes as flooding, tornadoes, hurricanes and strong winds. A Special Assessment for expenditures
for the benefit of the Owners in a particular Community or their Community
Common Area shall be levied only against such Community Owners, based on their
respective Interests in the Community property. Any other Special Assessment
shall be levied against all of the owners, based on their respective Interests
in the Development. The Association Board shall serve
notice of a Special Assessment on all Owners who shall be subject to payment
thereof by a statement in reasonable detail, and the Special Assessments shall
be payable in such manner and on such terms as shall be fixed by the
Association Board upon the approval of fifty Percent (50%) of the Owners, other
than the Declarant, affected by such Special Assessment. Any assessments
collected pursuant to this Section shall be segregated in a special account and
used only for the specific purpose set forth in the notice of assessment. SECTION 21 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, 1985. Anything herein to the contrary
notwithstanding, Declarant reserves the right and power to record an amendment
to this Declaration at any time and 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 testate or compile all previous amendments into a single document. As provided in Sections 4.1 and
1.6.1, 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 Areas, 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 Owners, decrease an Owner's 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, 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 for
Recording 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 data for this Declaration. Such amendment need only be
executed and acknowledged by Declarant, and need not be consented to by any
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. | ||||||||
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