HILLTOP HOMEOWNERS ASSOCIATION, INC.
The principal office of the corporation shall be located at 150 Farmington Lane, Lancaster, Lancaster County, Pennsylvania.
PURPOSES AND OBJECTS
In amplification of the purposes for which the corporation has been formed as set forth in the Articles of Incorporation, the purposes and objects are as follows:
(a) To develop a community designed for safe, healthful, and harmonious living.
(b) To promote the collective and individual property and civic interests and rights of all persons, firms, and corporations owning property in Hilltop Farm.
(c) To care for the improvements and maintenance of the gateways, pubic easements, parkways, grass plots, parking areas, common areas, and any facilities of any kind dedicated to the community use and other open spaces and other ornamental features of the development known as Hilltop Farm, which now exist or which may hereafter be installed or constructed therein.
(d) To cooperate with the owners of all vacant and unimproved lots and plots that exist or that hereafter shall exist in Hilltop Farm in keeping them in good order and condition, in preventing them from becoming nuisances and detriments to the beauty of Hilltop Farm and to the value of the improved property therein, and to take any action with reference to such vacant and unimproved lots and plots as may be necessary or desirable to keep them from becoming such nuisances and detriments.
(e) To aid and cooperate with the members of this corporation and all property owners in Hilltop Farm in the enforcement of such conditions, covenants, and restrictions on and appurtenant to their property as are now in existence, as well as any other conditions, covenants and restrictions as shall hereafter apply and to counsel with the elected supervisors of East Hempfield Township, Lancaster county, Pennsylvania.
(f) In general, but in connection with the foregoing, to do any and all things necessary to promote the general welfare of the residents and owners of any portions of Hilltop Farm and their property interests therein.
(g) To acquire, own, or lease such real and personal property as may be necessary or convenient for the transaction of its business and the fulfillment of its purposes and objects, and to exercise all rights, powers, and privileges of ownership to the same extent as natural persons might or could do.
(h) To exercise any and all powers that may be delegated to it from time to time by the owners of real property in the tract.
(i) This corporation shall not engage in political activity or pursue political purposes of any kind or character.
Membership in the corporation shall be as set forth in the Declaration of Covenants, Conditions and Restrictions for Hilltop (“Declaration”), a copy of which shall remain on file in the offices of the corporation and a copy of which is recorded in Lancaster County Recorder of Deeds’ Office at Lancaster, Pennsylvania, in Deed Book _____, Volume ___, Page____, et seq.
MEETINGS OF MEMBERS
(a) Annual Meeting. An annual meeting of the members for the purpose of hearing reports from all officers and standing committees and for electing directors shall be held in Lancaster County, Pennsylvania, in November of each year, beginning with the year 1985. The time and place shall be fixed by the directors.
(b) Special Meetings. A special meeting of the members shall be called by the board of directors. A special meeting of the members must be called within sixty (60) days of the president, or the board of directors, if requested by two (2) directors or by members entitled to cast not less than thirty percent (30%) of all votes.
(c) Notice of Meetings. Written notice stating the place and hour of any meeting of members shall be delivered either personally or by mail to each member entitled to vote at such meeting not less than thirty (30) days, nor more than sixty (60) days, before the date of such meeting. The date of notice, if such notice is mailed, shall be the date such notice is deposited in the United States mail.
(d) Quorum. The members holding majority of the votes that may be cast at any meeting shall constitute a quorum at any meeting of the members. In the absence of a quorum, the rules for establishment of a quorum at a subsequent meeting shall be as set forth in the Declaration.
(e) Proxies. At any meeting of the members, a member entitled to vote may vote by proxy executed in writing by the member. No proxy shall be valid after twenty-four (24) months from the date of its execution, unless otherwise provided in the proxy.
BOARD OF DIRECTORS
(a) General Powers. Except as required by the Declaration or by these By-Laws or by law, the business and affairs of the corporation shall be managed by the board of directors.
(b) Number, Tenure and Qualifications. The number of directors shall be five (5). Each director shall hold office until the second annual meeting of the members following his/her original qualification and until his/her successor shall have been elected and qualified. Exceptions to the provision for two (2) year tenure shall be in the case of the first directors taking office following the organizational meeting of the corporation. Of the first five (5) directors, two shall hold office until the next annual meeting, and three (3) shall hold office until the second annual meeting. The determination for the respective terms shall be by lot. Any increase in the number of directors shall be in units of two (2) and their initial terms shall be one for one (1) year and the other for two (2) years, with determination to be by lot.
(c) Regular Meetings. The board of directors shall meet regularly, at least quarterly, at a time and place it shall select.
(d) Special Meetings. A special meeting of the board of directors may be called by or at the request of the president or of any two directors.
(e) Notices. Notice of any special meeting of the board of directors shall be given at least ten (10) days prior thereto, by written notice delivered personally or sent by mail to each director. The date of notice, if such notice is mailed, shall be the date such notice is deposited in the United States mail. Any director may waive notice of any meeting. Any director who attends any meeting (except for the sole purpose of objecting to the lack of notice of said meeting) shall be deemed to have waived notice thereof.
(f) Quorum. A majority of the board of directors shall constitute a quorum for the transactions of business at any meeting of the board, but if less than a majority of the directors are present at said meeting, a majority of directors present may adjourn the meeting from time to time and without further notice.
(g) Manner of Acting. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless the act of the greater number is required by law or by these By-Laws or by the Declaration.
(h) Vacancies. Any vacancy occurring in the board of directors and any directorship to be filled by reason of the increase in the number of directors, shall be filled by election by the board of directors. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office.
(a) Officers. The officers of the corporation shall be a president, a vice president, a secretary and a treasurer.
(b) Qualifications and Method of Election. The officers shall be elected by the board of directors, and shall serve for a term of one year. The president and vicepresident shall be members of the board of directors.
(c) President. The president shall preside at all meetings of the members and of the board of directors at which he/she is present, shall exercise general supervision of the affairs and activities of the corporation and shall serve as a member ex-officio of all standing committees.
(d) Vice President. The vice-president shall assume the duties of the president during his/her absence.
(e) Secretary. The secretary shall keep the minutes of all of the meetings of the corporation and of the board of directors, which shall be accurate and official record of all business transacted. The secretary shall be custodian of all corporate records.
(f) Treasurer. The treasurer shall receive all corporate funds, keep them in a bank approved by the board of directors and pay out funds only on notice signed by him and one other officer. The treasurer shall be a member ex office of the finance committee if established by the board of directors.
(g) Vacancies. A vacancy in any office because of death, resignation, removal, disqualification, or otherwise, may be filled by any member of the board of directors for the unexpired portion of the term.
FEES, DUES AND ASSESSMENTS
Fees, dues and assessments shall be established by the directors or the members as set forth in the Declaration.
(a) The fiscal year of the corporation shall be the calendar year.
(b) No compensation shall be paid to officers or directors of the corporation.
Any proposed amendment to these By-Laws may be submitted in writing at any meeting of the members of the corporation. Any proposed amendments shall be included in the notice of the meeting. A proposed amendment shall become effective if approved by its members entitled to cast not less than a majority of all votes.
END OF BY-LAWS