Disclaimer Regarding the Declarations of Covenants, Conditions and Restrictions of the
Hilltop Homeowners Association
The following Disclaimer is issued by the Board of Directors of the Hilltop Homeowners Association (“HHOA”) to provide clarification regarding certain incorrect, ambiguous or misleading statements made in the Declarations of Covenants, Conditions and Restrictions [“Declarations”] for the HHOA.
The Declarations were originally written using a ‘condominium’ format, rather than one for feesimple townhomes. This has led to several instances of misunderstanding and misinformation over the years.
The HHOA Board has sought legal counsel to determine how this might be corrected. Because of the requirement that of 90% of all owners agree to every proposed change/correction to the Declarations themselves (an extraordinarily high percentage), the Board takes the position that it would be nearly impossible to get 90% of the votes necessary to amend the Declaration, particularly for minor clarifications.
The Board, therefore, offers the following clarifications to the Declarations, not as a legal document or amendment to those Declarations, but simply as clarification to avoid any future misunderstandings or promotion of misinformation.
Additional clarification of specific terms and conditions contained in the Declarations and Rules and Regulations for residing in Hilltop may be found on the website www.HilltopHOA.com.
1. Hilltop is organized as fee-simple townhomes, not condominiums. All residents own their own homes and the property upon which they sit, as specified in each homeowner’s deed.
2. There are NO common areas. All land within Hilltop is private property and except for HHOA provided services as noted on the website, the maintenance of which is the sole responsibility of the homeowner.
3. Hilltop falls under the jurisdiction of East Hempfield Township and is subject to Township statutes and regulations, where applicable.
4. All townhomes within Hilltop are single-family, attached homes. There are no multiplefamily units.
5. All lots have been ‘improved’ (i.e. built upon). References to vacant lots are irrelevant, as are references to two classes of owners, one class being ‘lot owners’.