Article
I - Name and Location
The name of the corporation is the NEW ALLEGHENY HOMEOWNERS ASSOCIATION,
hereinafter referred to as the “Association”.
The principal office of the corporation shall be located at 1437 Western
Avenue, Pittsburgh, Pennsylvania 15233, but meetings of the members and
directors may be held at such places within the State of Pennsylvania, County of
Allegheny, as may be designated by the Board of Directors.
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Article
II -- Definitions
Section 1:
“Association” shall mean and refer to NEW
ALLEGHENY HOMEOWNERS ASSOCIATION, its successors and assigns.
Section 2:
“Properties” shall mean and refer to that certain real property
described in the Declaration of Covenants, Conditions, and Restrictions, and
such additions thereto as may hereafter be brought within the jurisdiction of
the Association.
Section 3: “Common
Area” shall mean all real property owned by the Association for the common use
and enjoyment of the Owners.
Section 4:
“Lot” shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties with the exception of the Common
Area.
Section 5:
“Owner” shall mean and refer to the record owner, whether one or more
persons or entities, of the fee simple title to any Lot which is a part of the
Properties, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
Section 6: “Declarant”
shall mean and refer to Tom Mistick and Sons, Incorporated, its successors and
assigns
Section 7:
“Declaration” shall mean and refer to the Declaration of Covenants,
Conditions and Restrictions applicable to the Properties recorded in the Office
of the Recorder of Deeds of Allegheny County.
Section 8: “Member” shall mean and refer to
those persons entitled to membership as provided in the Declaration.
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Article
III - Meeting of Members
Section 1: Annual
Meetings. Regular
annual meeting of the members shall be held on the same day of the month of each
year thereafter, at the hour of 7:00 P.M. If the day for the annual
meeting of the members is a legal holiday, the meeting will be held at the
samehour on the first day following which is not a legal holiday.
Section 2: Special
Meetings:
Special meetings of the members may be called at any time by the
president or by the board of directors, or upon written request of the members
who are entitled to vote one-fourth (1/4) of the voting membership.
Section 3: Notice of Meetings: Written notice of each meeting of the
members shall be given by, or at the direction of, the secretary or person
authorized to call the meeting, by mailing a copy of such notice, postage
prepaid, at least 10 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 notice shall specify
the place, day and hour of the meeting, and, in the case of a special meeting,
the purpose of the meeting.
Section 4: Quorum:
The presence at the meeting of members entitled to cast, or of proxies
entitled to cast, one-fourth (1/4) of the votes of the voting membership shall
constitute a quorum for any action except as otherwise provided in the Articles
of Incorporation, the Declaration, or these By-Laws.
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 5: Proxies:
At all meetings of members, each member may vote in person or by proxy.
All proxies shall be in writing and filed by the member who has received
the proxy with the secretary. Every
proxy shall be revocable and shall automatically cease upon conveyance by the
member of his Lot.
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Article
IV - Board of Directors, Selection, Term of Office
Section 1: Number: The affairs of this Association
shall be managed by a Board consisting of no more then seven (7) individuals who
must be members of the Association.
Section 2: Term of Office:
The
membership shall elect two directors for a term of one year, two directors for a
term of two years and three directors for a term of three years; and at each
annual meeting thereafter the members shall elect two or three directors for a
term of three years. No
member shall serve on the Board for more than two consecutive elected terms at
any one time.
Section 3: Removal: Any
director may be removed from the Board, with or without cause, by a majority
vote of the members of the Association. In
the event of death, resignation or removal of a director, his / her successor
shall serve until the next annual meeting at which time a member will be elected
who will then serve out the unexpired term of the original director.
Section 4: Compensation: No director shall receive compensation for
any service he may render to the Association.
However, any director may be reimbursed for his actual expenses incurred
in the performance of his duties.
Section 5: Action Taken Without a Meeting:
The directors 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 the directors. Any action so
approved shall have the same effect as though taken at a meeting of the
directors.
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Article
V - Nomination and Election of Directors
Section 1: Nomination:
Nomination for election to the Board of Directors shall be made by a
Nominating Committee. Nominations may also be made from the floor at the annual
meeting. Regardless of whether a
member is nominated by the Nominating Committee or from the floor at the annual
meeting, such nominated member must be a member in good standing with no past
due obligations owed to the Association. The
Nominating Committee shall consist of a Chairman, who shall be a member of the
Board of Directors and two (2) other non-Board members.
Such nominations may be made from among the members.
Section 2: Election:
Election to the Board of Directors shall be by secret
written ballot. At such election
the members or their proxies may cast, in respect to each vacancy, as many votes
as they are entitled to exercise under the provisions of the Declaration.
The persons receiving the largest number of votes shall be elected.
Cumulative voting is not permitted.
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Article
VI - Meeting of Directors
Section 1: Regular Meetings:
Regular
meetings of the Board
of Directors shall be held monthly without notice, at such place and hour as may
be fixed from time to time by resolution of the Board.
Should said meeting fall upon a legal holiday, then that meeting shall be
held at the same time on the next day which is not a legal holiday.
Section 2: Special
Meetings: Special
meetings of the Board of Directors shall be held when called by the president of
the Association, or by any two directors, after not less than three (3) days
notice to each director.
Section 3: Quorum:
A majority of the number of directors shall constitute a quorum for the
transaction of business. Every act
or decision done or made by a majority of the directors present at a duly held
meeting at which a quorum is present shall be regarded as the act of the Board.
Section
4: Redress of Homeowner’s Concern: The
members of the New Allegheny Townhouse Association have the right to present
concerns to the Board in writing. Except
for emergency situations, the Secretary or any Director of the Board must
receive such written concerns at least ten (10) days prior to the next scheduled
monthly Board meeting in order to place it on the Board agenda.
The concern is to be placed on the Board agenda and the Board must
respond in writing to the homeowners within fifteen (15) days as to the status
of his / her concern.
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Article
VII - Power and Duties of the Board of Directors
Section 1: Powers: The Board of
Directors has the right to appoint committees to carry out those
responsibilities and duties as determined by the Board of Directors.
Section 2:
Duties:
The
Board of Directors shall foreclose the lien against any property for which
assessments are not paid within ninety (90) days after due
date, and/or bring action at law against the owner personally obligated to pay
the same. The Board of Directors may take this action
only after it has first sent both a thirty (30) day and a sixty (60) day warning
letter to the violating member that the Board has the duty to
foreclose and the foreclosure will occur no less than ninety (90) days after the
failure to pay the assessment. The letter may be personally served by a
member of the Board to the delinquent member, or may be mailed by US First Class
Mail verified by a mailing receipt, or by US Certified Mail, Return Receipt
Requested, or by responsible overnight delivery service.
Except
as expressly amended hereby, the terms and conditions of the By Laws are hereby
confirmed, remain unchanged and are in full force and effect.
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Article
VIII - Officers and Their Duties
Section 1: Enumeration of Offices:
The officers of this association shall be a president and vice-president,
who shall at all times be members of the Board of Directors, a secretary, and a
treasurer, and such other officers as the Board may from time to time by
resolution create.
Section 2: Election of Officers:
The election of officers shall take place at the first meeting of the
Board of Directors following each annual meeting of the members.
Section 3: Term:
The officers of this Association shall be elected annually by the Board
and each shall hold office for one (1) year unless he shall sooner resign, or
shall be removed, or otherwise disqualified to serve.
Section 4: Special Appointments: The
Board may elect such other officers as the affairs of the Association may
require, each of whom shall hold office for such period, have such authority,
and perform such duties as the Board may, from time to time, determine.
Section 5: Resignation and Removal: Any officer may be removed from office with
or without cause by the Board. Any
officer may resign at any time giving written notice to the Board, the president
or the secretary. Such resignation
shall take effect on the date of receipt of such notice or at any later time
specified therein, and unless otherwise specified therein, the acceptance of
such resignation shall not be necessary to make it effective.
Section 6: Vacancies:
A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the
remainder of the term of the officer he replaces.
Section 7: Multiple Offices: The
offices of secretary and treasurer may be held by the same person.
No person shall simultaneously hold more than one of any of the other
offices except in the case of special offices created pursuant to Section 4 of
this Article.
Section 8: Duties:
The duties of the officers are as follows:
(a)
President – The president shall preside at all meetings of the
Board of Directors; shall see that orders and resolutions of the Board are
carried out; shall sign all leases, mortgages, deeds and other written
instruments and shall co-sign all checks and promissory notes.
(b)
Vice-President
– The vice-president shall act in the place and stead of the president in the
event of his absence, inability or refusal to act, and shall exercise and
discharge such other duties as may be required of him by the Board.
(c)
Secretary – The secretary shall record the votes and keep the
minutes of all meetings and proceedings of the Board and of the members; keep
the corporate seal of the Association and affix it on all papers requiring said
seal; serve notice of meetings of the Board and of the members; keep appropriate
current records showing the members of the Association together with their
addresses, and shall perform such other duties as required by the Board.
(d)
Treasurer – The treasurer shall receive and deposit in
appropriate bank accounts all monies of the Association and shall disburse such
funds as directed by resolution of the Board of Directors; shall sign all checks
and promissory notes of the Association; keep proper books of account; cause an
annual audit of the Association books to be made by a public accountant at the
completion of each fiscal year; and shall prepare an annual budget and a
statement of income and expenditures to be presented to the membership at its
regular annual meeting, and deliver a copy of each to the
members. If these responsibilities
are accomplished by a management agent, the Treasurer will review at
least quarterly all accounts.
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Article
IX - MISSING
FROM ALL COPIES OF THE BY-LAWS
Article
X - 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 By-Laws of the Association
shall be available for inspection by any member at the principal office of the
Association, where copies may be purchased at a reasonable cost.
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Article
XI - Assessments
As more fully provided in the Declaration,
each member is obligated to pay to the Association annual and special
assessments which are secured by a continuing lien upon the property against
which the assessment is made. Any
assessments which are not paid when due shall be delinquent.
If the assessment is not paid within thirty (30) days after the due date,
the assessment shall bear interest from the date of delinquency at the rate of
10 percent per annum, and the Association may bring an action at law against the
Owner personally obligated to pay the same or foreclose the lien against the
property, and interest, costs, and reasonable attorney’s fees of any such
action shall be added to the amount of such assessment.
No Owner may waiver or otherwise escape liability for the assessments
provided for herein by nonuse of the Common Area or abandonment of his Lot
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Article
XII - Amendments
Section 1: These By-Laws may be amended, at a regular
or special meeting of the members, by a vote of a majority of a quorum of
members present in person or by proxy.
Section 2: In the case of any conflict between the
Articles of Incorporation and these By-Laws, the Articles of Incorporation shall
control; and in the case of any conflict between the Declaration and these
By-Laws, the Declaration shall control.
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Article
XIII - MISSING FROM ALL COPIES OF THE BY-LAWS
Article
XIV - Miscellaneous
Section
1: Fiscal Year:
The fiscal year of the Association shall begin on the 1st day
of January and end on the 31st day of December of every year, except
that the first fiscal year shall begin on the date of incorporation.
Section
2: Pets:
There shall at no time be allowed in, on or about any Lot, any animal or
pet whatsoever, except that the Owner or Owners of each Lot may as they
determine keep two dogs or two cats or one dog and one cat, as pets, provided
that their combined weight must never exceed 70 pounds.
In no event may there be at any time more than two such pets per Lot.
If any dog or cat causes a nuisance by disturbing noises or otherwise the
Board shall take such action, including legal action, as it deems proper.
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