Section 1: Owner’s Easements of Enjoyment
Every owner shall have a right and easement of enjoyment in and to the
Common Area which shall be appurtenant to and shall pass with the title to every
Lot, subject to the following provisions:
(a)
the right of the Association to charge reasonable admission and other
fees for the use of any recreational facility situated upon the Common Area;
(b)
the right of the Association to suspend the voting rights and right to
use of the recreational facilities by an owner for any period during which any
assessment against his Lot remains unpaid; and for a period not to exceed 60
days for any infractions of its published rules and regulations;
(c)
the right of the Association to dedicate or transfer the ownership of all
or any part of the Common Area to any public agency, authority, or utility for
such purposes and subject to such conditions as may be agreed to by the members.
No such dedication or transfer shall be effective unless an instrument
agreeing to such dedication or transfer signed by 2/3rds of the members has been
recorded.
Section 2: Delegation of Use
Any Owner may delegate, in accordance with the By-Laws, his right of
enjoyment to the Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside on the property.
Section
3: Lease Regulations and Restrictions
All lots at New Allegheny
Homeowners Association shall be subject to the following conditions and
restrictions regarding the leasing of any lot in New Allegheny Homeowners
Association.
(a) The maximum number of lots that may be
leased at any one time shall be 10% of the total lots in the development. This
maximum number of leased lots may be exceeded in the following
situations:
(i) Where a homeowner is
relocated out of the Pittsburgh area;
(ii) Where a homeowner
shall experience any other hardship situation subject to the reasonable
approval of the Board.
(b) The privilege of leasing a lot shall be on
a first come first serve basis, based upon the time of notification of the
desire to lease.
(c) If, at the date of the adoption of this
Amendment, there shall be more lots leased than as allowed in subparagraph
(A), then all of these lots may continue to be leased and may be renewed or
leased to new tenants. However, if one of these lease lots shall not
have a current and valid lease in effect for a period of six (6) consecutive
months, then such lot shall lose its grandfather leasing rights and the lot
owner must place his lot on the Leasing List. Also, if a lot which is being
leased is sold, then that lot loses its grandfather leasing right and the new
owner, if they desire to lease their lot, must go on the Lease List.
(d) The lease
limitations shall not be applicable to a lease given through an immediate
family member. Immediate family member is defined as the lot owners'
spouse, children, siblings, parents or grandparents.
(e) The following
reservations shall apply to every lease of a lot (including leases
to family members):
(1)
No lease is effective unless prior approval by the New Allegheny Homeowners
Association Board of Directors is obtained
(2)
Every lease shall be in writing and signed by all parties.
(3)
A fully executed copy of every lease shall be given to the property manager
with five (5) days of the execution of the lease.
(4)
All leases shall initially be for a term of not less than one (1) year and no
more than two (2) years; and may be renewed subsequently for such a period of
time as the lot owner deems fit.
(5)
Every lease shall contain the Lease Addendum and Agreement, attached hereto as
Exhibit "A", which must be signed by all parties at the time the
lease is entered into and given to the property manager within five (5) days
of execution thereof
(f) No lot when acquired by a new owner may be
leased to a Tenant before one (I) year has lapsed from the date of purchase
unless the Tenant is a member of the lot owners immediate family. The
immediate family is defined as the lot owner's spouse, children, siblings,
parents or grandparents.
Exhibit "A"
LEASE ADDENDUM AND
AGREEMENT
IN CONSIDERATION OF, the leasing rules and/or
restrictions adopted by the New Allegheny Homeowners Association and/or and
provided by the New Allegheny Homeowners Association Declaration of Covenants,
Conditions, and Restrictions, By-Laws, and Rules and Regulations, which are
hereby incorporated into the lease by and between
______________________ (Lessor) and
________________________ (Lessee/Tenant(s)) and shall include the following
understandings and agreements of the parties to protect the New Allegheny
Homeowners Association from financial loss and or other
potential harms:
1. Both Lessor and Tenant agree to
abide by the terms and covenants of the Declaration of Covenants, Conditions
and Restrictions, By-Laws, and Rules and Regulations of the New Allegheny
Homeowners Association (hereinafter "Association Documents"), as
recorded in the Recorder of Deeds Office of Allegheny County. Lessor hereby
agrees to provide Tenant with such documents prior to the execution of the
lease and/or or this Addendum. This provision in no way relieves the unit
owners of their responsibilities under the Association Documents. Lessor and
Tenant further acknowledge that there are specific rules and regulations
pertaining to occupancy at the Homeowners Association. Both Lessors and Tenant
acknowledge receipt of said rules and regulations for the New Allegheny
Homeowners Association, as provided to Lessee by Lessor, and both Lessor and
Tenant agree to abide by these rules and regulations and any future rules and
regulations duly adopted by the Association Board of Directors.
2. Any violation of the
Association Documents which continue unabated for a period of ten (10) days
after the Tenant receives written notice to abate, shall be deemed a default
under this Lease Addendum. In such event, the Lessor may terminate the lease
without liability and evict the Tenant in accordance with Pennsylvania Law. In
addition, the Association Board is hereby authorized with specific power and
authority to evict the Tenant in the event of an unabated breach of the
Association Documents that exceeds ten (10) days from the notice of such
breach. In the event that the Association Board, or its management agent,
proceed to evict the Tenant, any and all costs incurred in conjunction with
such eviction, including attorney fees and costs, shall be specifically
assessed against the owner (Lessor).
3. The provisions of the
Association Documents shall apply to the unit leased hereunder and Lessee
hereby agrees to assume all duties and responsibilities and be jointly and/or
severally liable with the unit owner for all of the liabilities and for the
performance of all obligations applicable to unit owners under the Uniform
Planned Community Act, Association Documents, or otherwise whatsoever during
the term of this lease. However, Lessor, in all events, shall retain and
exercise any voting rights associated with the unit leased hereunder.
4. It is hereby agreed that the
New Allegheny Homeowners Association is hereby named a third party beneficiary
in the subject lease. In the event that the unit owner of the subject unit (Lessor
herein) does not pay the common charges and/or assessment (s) due, then the
New Allegheny Homeowners Association, by and through its management agent,
Acri Commercial Realty, Inc., shall have the authority to collect such
delinquent sum(s) from the Tenant/Lessee herein, up to
the amount of the rent payable by the Tenant. Any such payments made by the
Tenant shall reduce, by the same amount, the Tenant's obligation to make
monthly rental payments to Lessor. If the Tenant fails to comply with the
demands by the Association Board and/or the management agent, to pay the
delinquent charges owed by the Lessor, the Tenant shall be responsible to the
Association for all late charges, fines, interest and cost of collection
including, but not limited to, reasonable attorney fees and/or costs incurred.
5. Lessor and tenant hereby
acknowledge that any damage cause to the common elements of the New Allegheny
Homeowners Association by the move-in -move-out of a Tenant shall be assessed
the Lessor/unit owner.
6. Lessee further agrees that he
shall not sublet and/or assign this lease except with the prior approval and
consent of the New Allegheny Homeowners Association Board of Directors, which
approval and consent be unreasonably withheld.
7. The lot owner will indemnify
the Association against liability and loss for any breach or non-compliance by
the Tenant with die Association Documents.
8. If any of the provisions of
this Lease Addendum and Agreement shall be held to be invalid, void or
unenforceable then the remaining provisions shall remain in full force and
effect.
IN WITTINESS WHEREOF, THE PARTIES AGREE TO
THE COVENANTS CONTAINED HEREIN, AND INTEND TO BE LEGALLY BOUND HEREBY.
________________________________
_______________________________
Lessor
Tenant
________________________________
_______________________________
Lessor
Tenant
_________________________
Effective Date: