GENERAL

The Rules and Regulations and Declaration of the Newtown Gate Townhouse A Association are for the safety, welfare, and enjoyment of the Townhouse Owners, and to protect the quality and beauty of your investment, your property and your privacy.

B. TOWNHOUSE OWNER RESPONSIBILITY

1. It is the responsibility of all Townhouse Owners to read and be familiar with the Rules and Regulations, Regulations and Declaration of the Newtown Gate Townhouse Association. All Townhouse Owners are required to follow the Rules & Regulations and Declaration, and to see that all members living within the household or visiting same shall follow and abide by the Rules & Regulations and Declaration.
2. Failure to read or be familiar with the Rules & Regulations and Declaration of the Newtown Gate Townhouse Association will not be acceptable as an excuse for failure to abide by same. If a Townhouse Owner does not understand any of the Rules & Regulations or the Declaration, then it is the Townhouse Owner’s responsibility to submit a written request for clarification to the managing agent. Said request should state the specific section or paragraph and the confusion or misunderstanding concerning same. A Townhouse Owner’s failure to submit a written request for clarification will be deemed a waiver of any defense of confusion, misunderstanding or failure to understand the Rules & Regulations or Declaration.
3. All Townhouse Owners are deemed to be in possession of a copy of the Rules & Declaration Regulations and Declaration governing the Newtown Gate Townhouse Association. It is the Board of Directors’ understanding that all Townhouse Owners received copies of same at the time an Agreement of Sale was executed, time of settlement of the unit, and at any time revisions are made and published. If any Townhouse Owner is not in possession of these documents, then it is the responsibility of the Townhouse Owner to contact the managing agent and request a copy of same. Failure of a Townhouse Owner to contact the managing agent and request these documents within of the date of the letter forwarding this Notification and Fine Policy (the document which you are now reading), is deemed a waiver of defense that you were not in possession of the Rules & Regulations or Declaration.

C. NOTIFICATION PROCEDURE

Either the managing agent and/or the Board of Directors. its designated committee or representative. will notify the unit owner in writing, forwarded via regular U.S. Mail, setting forth and describing the violation with reasonable particularity and reference to the applicable section of the Rules & Regulations, or Declaration. This notification shall be considered the FIRST NOTICE AND WARNING.

D. VIOLATION AND FINE POLICY

If a unit owner receives a FIRST NOTICE AND WARNING letter, then that unit owner SHALL correct and/or remove the violation within ten (10 days).or within the timeframe specifically enumerated within the Rules & Regulations or Declaration stated within the letter. Failure of the unit owner to correct and/or remove the violation within the prescribed time will result in one of the following actions:

1. 1. CONTINUING NATURE VIOLATION – If the violation is of a continuing nature (i.e. placement of or use of lights which do not conform to Lighting Standards, improper flower bed, improperly parked vehicle, use of an unapproved sign, etc.), the owner will be charged a daily fine of $10.00 per day per violation plus costs. The daily fine will continue and will be cumulative until such time as the violation is corrected. If after 30 days, the violation is NOT corrected, The Board of Directors shall have the authority and may elect to proceed with legal remedies in accordance with the provisions of the Declaration. Such legal action includes, but is not limited to obtaining a judgment for the monies owed and placing a lien against the unit and property. Additionally, all legal fees, interest, court costs, other fees, and all other monies to which the Association is entitled, under the laws of the Commonwealth of Pennsylvania, shall be assessed to and the responsibility of the Townhouse Owner.
   2. PER OCCURRENCE VIOLATION – If the violation is of a per occurrence nature (i.e., unleashed pet, failure to remove pet solid waste (excrement), etc.) the following fine schedule will be implemented:
      

      Same Violation 1st Offense 1st Notice/Warning 2nd Offense $ 100 Plus Costs 3rd Offense $200 Plus Costs 4th Offense $300 Plus Costs 5th Offense $400 Plus Costs

      Different Violation 1st Notice/Warning $100 Plus Costs $200 Plus Costs $300 Plus Costs $400 Plus Costs

      
      6th Offense and each occurrence thereafter $400

   3. NOTIFICATION OF VIOLATION
      1. When a Townhouse Owner is notified of a violation, that FIRST act which results in the notification becomes the standard against which all other violations are judged for fine purposes. If a unit owner continues to violate the same Rule, then all acts which follow the FIRST act are considered “Same Violation” occurrences. If, however, a Townhouse Owner violates any other Rule, Regulation or the Declaration, then all other violations, regardless of repetition. will be considered “Different Violations” and will NOT change or supersede acts which fall under the “Same Violation” schedule.
      2. In the event a fine has been assessed, the unit owner will be notified in writing, forwarded via regular U.S. Mail and Certified Mail, and such notice shall include the fine assessed. the date the violation began or occurred and all other information to enable the Townhouse Owner to be advised of their conduct.
   4. LEGAL REMEDIES FOR FAILURE TO PAY FINES
      1. After 30 days, if a fine which has been assessed is not paid in full, the Board of Directors shall have the authority and may elect to proceed with legal remedies in accordance with the provisions of the Declaration. Such legal action includes, but is not limited to, obtaining a judgment against the monies owed and placing a lien against the unit or property. Additionally, all legal fees, interest, court costs, other fees and all other monies to which the Association is entitled under the laws of the Commonwealth of Pennsylvania, shall be assessed to and be the responsibility of the unit owner.
      2. Any violations may result in the suspension of voting rights for a period not to exceed sixty (60) days following the last day the violation occurred (refer to Article IV, Section 4.17 of the By-Laws).
      3. The fine procedures set forth in this section shall not be exclusive of other rights and remedies which may be available to the Board of Directors or Association as set forth in the Declaration.
   5. APPEAL PROCEDURE
      In the event the Townhouse Owner either does not understand the violation notification or believes that an error has been made in the notice, the owner has the right to request a clarification and/or file an appeal and request by written submission to the managing agent within ten (10) calendar days from the date on the notice. Upon receipt of the request for clarification and/or objection, all time requirements will be tolled. The Townhouse Owner will then contact the managing agent, contact the managing agent, who will set up a date and time for the Townhouse Owner to come before the Board to state their reasons why the notification was in error. The Board will allow each Townhouse Owner no more than fifteen (15) minutes to explain their position (the time can be extended for exceptional circumstances). The Board will then make a ruling, with said ruling considered FINAL. If the Board of Directors determines that a violation occurred, all time requirements will once again run and continue from the time when tolled.
   6. TOWNHOUSE OWNER RESPONSIBILITIES
      If a Townhouse Owner does not understand all or any portion of this document, then it is the Townhouse Owner’s responsibility to submit a written request to the managing agent stating the specific section(s) or paragraph(s), and the confusion or misunderstanding concerning same.

Delinquency Collection Procedures

1. 1. Association dues (common expense assessments) are payable monthly, and are due of the first of each month.
      1. First Month
         Mid-month late notice sent if payment if not received by the 15th of the month.
         End of month – delinquency reminder letter sent detailing assessment and late charge due.
      2. Second Month
         Mid-month late notice sent if payments is not received by the 15th of the month.
         End of month – delinquency letter sent detailing assessments and late charges due. Unit owner given ten days to pay or collection action will be taken.
      3. Third Month
         Mid-month – District Court Civil Complaint filed for collection of three (3) months of dues and late charges, and acceleration of fees according to Newtown Gate Townhouse Association Supplemental Declaration, Page 11, Section 6.S(a).
   2. Approximately thirty (30) days after filing of this complaint, the Association will receive a Default Judgment. The date of the judgment can be affected by problems with service of the complaint. If the complaint needs to be served by constable, the default hearing date will be extended. In addition, if the defendant (owner) elects to defend against the complaint, the hearing date will be extended further.
   3. Once the Association receives judgment, the owner will be sent a letter confirming the judgment and giving the owner thirty (30) days to pay the entire balance due to the Association. During this thirty (30) day period, the defendant may also appeal the judgment.
   4. If the judgment is not appealed and payment is not received within the thirty (30) day period, the Association may now execute on the judgment. Methods of execution include execution sale of personal possessions. attachment of bank accounts, sequester of rent in cases of investor ownership, or foreclosure on the unit.
   5. If the defendant appeals the judgment, the case is given to an attorney to transfer the case to County Court and to answer the appeal. The defendant must then respond to the Answer of Appeal. If no response is made, the Association will again enter a default judgment against the owner. This process takes approximately 60-90 days from the date of appeal. After waiting the thirty (30) day period, the Association may proceed with execution on the default judgment.
   6. If the defendant responds to the Answer of appeal, the case is scheduled for an Arbitration Hearing. This takes approximately 90 days. If the Arbitration Board awards judgment to the Association, we must wait the thirty (30) day period and may then proceed with execution on the judgment. If the defendant appeals the Arbitration Judgment, the matter is then scheduled for trial at the County level. This would take several months.