BY-LAWS (RULES AND REGULATIONS)

1993

GENERAL RULES AND REGULATIONS

Amended: 2011

 

1.   All property owners must be a dues and assessment member in good standing in order to be eligible to vote in Association elections and to have a voice in the governing and policy making of the Association.  Each property owner regardless of the number of lots owned shall be entitled to one (1) vote.

2.   All property owners must abide by the rules and regulations of the Association as provided in the Deed Covenants.

3.   No members or guests shall trespass on another owner's property either by foot or with snowmobiles or other vehicles without the consent of the owner.

4.     All sewage disposal shall be in accordance with local and state regulations.

5.    No use of dynamite shall be permitted at any time without permission of the Board of Directors.

6.    No logs, wood, brush, grass, leaves, weeds or other refuse or fill materials shall be put into the lakes or on common areas without permission of the Board.

7.    Owners will be held responsible for the observance of the rules by their guests and family members.

8.    The promenade paths between the lake front lots and the lakes are to be maintained in good and passable order by the lake front lot owners as stipulated in the deed covenants.

9.    The promenade paths are to be used only for walking around the lakes. No sunbathing, swimming, fishing or other activities are allowed without the consent of the lake front property owner.

10. The paths from the road to the promenade paths shall be maintained by off-lake owners who must use them for access to the lakes. Such maintenance is not to include tree cutting, land filling or any other significant changes in the land or shoreline of the paths unless such a plan is approved by the Board of Directors.

11. Property owners whose property adjoins the paths from the road to lakes shall not encroach upon the paths in any way or use them for storage or dumping of refuse.

12.The paths on Mountain Lake are to be used only for access to the promenade paths and to the lakes for boating purposes.  No other activities are permitted.

13.The forty foot paths on Meadow Run Lake may be used for swimming, boating, fishing and sunbathing, but no picnicking or campfires are allowed.

14.Only registered motor vehicles in compliance with the laws of Pennsylvania are allowed on Association property.  All operators of such vehicles shall be properly licensed or otherwise accredited by the Commonwealth of Pennsylvania.  Speed limit on roads -- 15MPH.  Pedestrians and bicycle riders have the right of way.

Use of Lakes/Docks

15. All lake front owners may anchor a floating dock in reasonable proximity to their property.

16. All off-lake owners may anchor a floating dock at the beach areas or at the 40 foot paths on Meadow Run Lake.

17. All Mountain Lake off-lake members may store their dock at the beach area, but not block access to the lake shore.  All Meadow Run off-lake owners may store a dock on the forty foot paths but must not block access down the path to the lakefront.  All Meadow Run/Mountain Lake lakefront owners shall store their dock on their property.

Boats

18. One motorless boat per lot is permitted on the lakes.  A lot is each lot as demarcated on the original Meadow Run - Mountain Lake Maps.

19. Off-lake boat owners will tie their boats in front of the lots directly in front of their property at a spot designated by the lake-front owners.  Access to boats will be by common pathways unless other arrangements are made with lake-front owners.  Boats may also be anchored at the beaches or 40 foot paths.  All lake front owners are required to store their boats on or in front of their own property.  Anyone wishing to store their boats in any other location must obtain the property owners or boards permission.

20.All boats shall carry and display any type of identification as may reasonably be required by the Board of Directors.  Until further notice, boats shall have the owner's Association Account Number displayed on both sides in numerals at least three inches high and 1/4 inch in print width.

21. All Pennsylvania boating statutes must be observed.

Fishing and Hunting

22. All Pennsylvania Fishing and Hunting regulations must be observed.

23. No fishing from boats will be allowed in front of properties being used by sunbathers or swimmers.  A distance shall be maintained at all times so that casting will not come within 50 feet of the shore.

24. Ice fishermen shall not erect any type of shed or shelter on the lakes nor leave any debris.

25.Hunters must respect private property and safety by maintaining safe distances from private property as set forth in Pennsylvania Hunting Regulations.

26.No discharge of firearms in or into the Park (includes the lakes and common areas).

Swimming and Boating

27.All swimmers and boaters engage in such activities at their own risk.

28.The Board of Directors may institute a reasonable system of identification of property owners, their family members and guests for purposes of maintaining security and identifying rule and deed covenant violators and trespassers.

29. All complaints against any property owner for any type of rules or deed infractions either by the owner, family or guests shall be reported in writing to the Board of Directors and signed by the person making the complaint or be reported for the record at a General Meeting.

30. Upon receipt of a complaint, the Board of Directors may take such action, as may be necessary, including legal actions and injunctions against the violator and suspension of the privilege of use of the lakes and other Association properties.

31. An alleged violator, upon receiving notification of a complaint, may request a hearing before the Board of Directors by immediately notifying the President or Secretary of the Board.  Such a hearing shall be convened at a mutually agreeable time within one week of notice to the Board, however, this does not prevent the Board from initiating such legal action as may be necessary to maintain good order.

Social

32. Membership cards for social functions may be issued as dues are brought current each year.  Cards will be valid until next year's dues due date (June General Meeting).

33.Only members in good standing, as defined by Article II, Section 3 of the Constitution are eligible to attend social functions in any capacity.

34.A valid social membership will cover the owner, their legally authorized representatives, and their children whose principal residence is with their parents.  If there are multiple owners of a property, each owner and family must obtain a separate membership.  However, if a property changes to multiple owners only one initiation fee will be required.

35.  Any immediate relative (21 years or older) who resides with a member at the Park is eligible for an associate social membership with the same dues and social privileges.

36. Guest fees for social functions shall be set by the Board.

37.If the Social Committee requests that reservations be made for a function, the reservation list will be strictly observed.

Dues and Assessments

38. All properly owners shall be required to pay all dues and all assessments levied for the maintenance, repair, and safety of the streets, roads, lakes, dams, and all common areas and common facilities.

39.The Board of Directors shall determine the amount of annual dues and assessments on a yearly basis. All property owners shall pay their annual dues and assessments in full no later than the 1st day of June immediately following the date of the statement sent to them. In its sole discretion, the Board of Directors may allow any property owner or all property owners to pay the annual assessment or any special assessment in installments as determined by the Board.

40.In the event of the failure of a property owner to timely pay the annual assessment in full by the 1st day of June immediately following the statement date, a penalty equal to 6% of the amount due shall be imposed, together with a late fee of 1%.

41. In the event of the failure of any property owner to pay any installment of any annual or special assessment as and when due, the entire balance remaining of such assessment shall become immediately due and owing, together with a penalty equal to 6% of such balance and a late fee of 1%. 

42. In the event any action is taken by the Association to collect or enforce delinquent assessments (either special or annual), or any installment(s) of either, plus any penalties and late charges, the costs and expenses of collection, together with reasonable attorneys' fees of the greater of $2,500.00 or 15%, shall be added to the amount due, whether or not court proceedings are commenced, whether or not any judgment is obtained, and whether attorneys' fees are incurred for litigation or legal advice. Collection costs and expenses shall include court costs and reasonable expenses incurred to enforce or collect delinquent assessments (as well as any late fees and/or penalties), including, without limitation, reasonable district justice, arbitration, and mediation expenses, and expenses for administrative, appellate, or bankruptcy proceedings.

43.If not paid in full as provided herein, all assessments, including special assessments, and installments of either, shall constitute a lien against the real estate as of the 1st day of July following the date of the statement. All late charges, penalties, attorneys' fees, costs, and expenses provided in these By-Laws shall be included in the amount of any lien. The Association may enforce the lien against any lot by executing against such lot by foreclosure in like manner as a mortgage on real estate, and/or in any manner or in any action relevant provided under laws. In addition, such lien shall constitute a debt which may be collected by suit for breach of contract in any court of competent jurisdiction, and upon a conveyance of any lot subject to such lien. Each successive owner or owners shall, from the time of acquiring title, and their successors, heirs, representatives, and assigns, be held to have covenanted and agreed to pay all assessments, liens, and charges as provided in these By-Laws.

44.Any and all action taken to collect and/or enforce payment of delinquent assessments, late charges, penalties, attorneys' fees, costs and/or expenses, and/or the lien against any lot or lots shall be determined by the Board of Directors in its sole discretion.

45.In addition to dues and assessments for maintenance, repairs, and safety, the Board of Directors in its sole discretion may impose special assessments for construction, maintenance and/or repairs of common facilities, which shall be collectible and enforceable in the same manner as annual dues and assessments, except that the Board of Directors in its sole discretion may fix a due date for special assessments other than June 1st.

46.Recording of these By-Laws shall constitute record notice and perfection of the lien provided for herein.

47.To the extent permitted by law, any assessment lien shall be prior to all other liens and encumbrances on a lot except: 
(a) Liens and encumbrances recorded before the recordation of the By-Laws. 
(b)(l) Mortgages and deeds of trust on the lot securing first mortgage holders and recorded before the due date of the assessment, if the assessment is not payable in installments, or the due date of the unpaid installment, if the assessment is payable in installments.
    (2) Judgments obtained for obligations secured by mortgages or deeds of trust under clause (b)(l).
(c) Liens for real estate taxes and other governmental assessments or charges against the lot.

48.Within 30 days after receipt of a written request, the Association shall provide to a lot owner a statement setting forth the amount of any unpaid assessments currently levied against a lot.

49.Membership dues are established by the Board of Directors annually. All unpaid dues from previous years will accumulate in the account without interest.

50.Additional fees will apply to certain services provided by the Meadow Run Mountain Lake Park Association:
-Resale Certificates - $100 To be paid by the Seller (Member)
-Returned Check Fee - $30