By-Laws

LENAPE HILLS PROPERTY OWNERS ASSOCIATION, INC

PREAMBLE

WHEREAS the Lenape Hills Property Owners Association, Inc (LHPOA) is charged with representing the property interests and welfare of all those who own or shall own property in the Lenape Hills Development; and

WHEREAS the LHPOA believes that to best represent these interests the activities, and actions of the LHPOA shall be open and known to these owners, subject to the policy of the Association on confidentiality; and

WHEREAS the LHPOA believes that to a written description of the rules, regulations, code of ethics and operating procedures is necessary in order that the LHPOA best represent these interests and is necessary to adequately inform these owners:

THEREFORE the LHPOA establishes these By-laws to guide the Association.

ARTICLE 1. DEFINITIONS

Section 1. ASSO. or LHPOA shall mean and refer to the Lenape Hills Property Owners Association Inc., a non-profit corporation organized and existing under the laws of the Commonwealth of Pennsylvania

Section 2. "The Declaration" shall mean and refer to the Declaration of the Protective Covenants, filed in the office of the Recorder of Deeds in and for Monroe County, Pennsylvania, as the same shall pertain to the Properties described therein and any supplement or amendment thereto.

Section 3. "The Properties" shall mean and refer to the real estate described in the Declaration.

Section 4. "Common Properties" shall mean and refer to those areas so designated upon any recorded subdivision plot of The Properties and intended to be devoted to the common use and enjoyment of Owners of the Properties; and shall specifically include, but not to the exclusion of other improvements which may hereafter be designated as Common Properties, the following:

• Roads and streets not dedicated to the public

• Clubhouse

• Streams and Ponds

• Recreational Plots

Section 5. "Lot" shall be the numbered lots as shown on any recorded subdivision of the Properties.

Section 6. "Living unit" shall mean and refer to, any portion of a-building situated upon the Properties designed and intended for use and occupancy as a residence by a single family, as defined in the Chestnuthill Township ordinances.

Section 7. "Member" shall mean a person or persons who owns a lot.

Section 8. "Member in good standing" shall mean a member who has complied with all of the requirements of the covenants and By-laws and all financial obligations are current and thus has the right to vote on-issues of importance to the Community and has the right to use Common Properties.

ARTICLE II. OFFICE

Section 1. The principal office of the AS50. shall be located at P.O. Box 514, Effort, Pa. 18330.

ARTICLE III. MEMBERSHIP

Section 1. Every person or entity who is an owner of record of a fee interest in any LOT which is subject to the Covenants of Record to be assessed by the ASSO. whether or not the lot or living unit is subject to a mortgage, shall be a member of the Association. Any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a member.

Section 2. The rights of the owner or owners are subject to the payment of annual and special assessments, levied by the Association. The obligation of these assessments which are imposed against particular lot or living unit becomes a lien upon the property against which such assessments are made and also becomes personal obligation of the owner or owners of such lot or living unit at the time the assessment becomes due.

Section 3. The membership rights of any person or entity whose interest in the Properties is subject by Covenants of Record to assessment by the ASSC. may be suspended by action of the Board of Directors (BOD) during the period when the assessments remain unpaid, but, upon payment of such assessments, his or her rights and privileges shall be restored.

Section 4. The Common Property Committee shall: annually post at the Clubhouse a set of reasonable rules and regulations and codes of conduct, approved by the membership, governing the use of the Common Properties as specified herein. If the personal conduct of any person thereon is in violation of these reasonable rules and regulations and codes of conduct, a fine, the cost of repairing damaged property and sanctions may be levied. The rights of any such person or persons may be suspended by the BOD for a period not to exceed thirty (30) days, or until the fine levied is paid, and this suspension may also be applied to any membership rights which have been delegated.

Section 5. Each member shall respect the right of privacy and peace of the other members.

Section 6. The ASSO. shall have the right and the obligation to bring action at law to collect any assessment or fine levied. The court costs or collection company fees shall be assessed as part of the judgment received, if any, against the member. The ASSO shall have the right to recover all actual costs which include, but is not limited to, Attorney Fees, penalties, etc.

Section 7. Any member who is so charged with any action that results in a fine or sanction as outlined above and who feels they are not guilty of such a charge may request a hearing before the proper committee and the B.O.D for a review of the circumstances.

Section 8. Any owner-member who rents his/her property to another, within the rules of the Chestnuthill Township ordinances, which include no AIRBNB or rentals under one year, shall be liable for the conduct of the tenants and shall be liable for any fines or sanctions which are imposed. Any owner must be responsible for supplying the name and mailing address of the renter to the B.O.D.

ARTICLE IV. QUORUM: VOTING: THE CALLING OF MEETINGS: PARLIAMENTARY PROCEDURE

Section 1. For the purpose of counting a quorum, an individual owning more than one lot or-paying more than one assessment shall be considered one member. Joint owners by the entirety in common shall be considered one member for the purposes of constituting quorum even though such persons may collectively cast one ballot. For each property owned Wherever mentioned hereafter, the word "quorum" shall be defined as consisting of 11 members. Tenants who are not lot owners, shall not be considered in constituting "quorum" nor shall they qualify to cast a vote in the official business activities of the LHPOA.

Section 2. Each member owning more than one lot shall have one vote for each assessment paid. Should more than one member own jointly or in common a single lot, the owners as a group shall have one vote for each lot owned. No member may cast fraction of one vote, such votes being disregarded in any counting. Voting shall be by a show of hands unless a motion is made and seconded and passed by a majority vote to have the vote settled by written ballot. The BOD may put issues up for vote by written ballot and the election of officers shall always be by written ballot. No proxy votes may be made in a show of hands or by a written ballot. At any meeting of the General Membership, Members of the Board of Directors shall cast votes as property owners only in common with other general members and shall not have any duplicate or special vote.

Section 3. The Association shall hold Four (4) General Membership Meetings each year on the first or second Saturday of March, June, September and December. The March meeting shall include the Annual Budget Meeting (see Article VI.) The June Meeting shall be a General Membership meeting, The September Meeting Shall include the Yearly Election Of officers (see Article V) The December meeting shall be a general membership meeting. In the absence of a quorum, the B.O.D. shall reschedule another meeting within two (2) weeks. Should a quorum fail to appear for a second time the B.O.D. shall be empowered to maintain the status quo.

Section 4. The current edition of Robert's Rules of Orders shall be followed in all matters of parliamentary procedure which is not specifically governed by these By-Laws.

ARTICLE V. BOARD OF DIRECTORS: OFFICERS: NOMINATIONS: DUTIES: BALLOTS:

Section 1. The General Election Meeting shall take place each year on the 1st or 2nd Saturday of September.

Section 2. The nomination committee shall propose a slate of candidates to the BOD.

Section 3. Any three members of the Association may nominate a candidate to the BOD by verbally nominating them to the Secretary of the Association. Nominations shall be accepted beginning the first week of July and will include the date of the General Election Meeting in September.

Section 4. Voting can be by written secret ballot. The shall mail in conjunction with the secretary of the Association written ballots, marked with the corporate seal, setting out the names of the nominees at least twenty-five (25) days before the General Election Meeting each year. Each nominee may submit for inclusion with the ballot, a resume and/or campaign platform consisting of not more than 200 words, distributed with the ballot, which shall be reproduced and the cost of which the Association shall bear. A ballot shall set forth the number of votes which each member or each group of owners shall have. Each member may return his or her ballot. by mail to the Nomination Committee in care of the Association address or otherwise deliver the ballot to a member of the Nominating Committee before 1 PM of the day of the General Election Meeting. Ballot tabulation shall be done by the Nominating Committee only. The Nomination Committee shall also accept nominations presented verbally during the general election meeting, but before voting tabulation begins. All nominees shall be required to be in attendance at the General Election meeting. In the absence of any nominees, volunteers for the B.O.D. will be sought at the General Election Meeting and shall be elected by a show of hands.

Section 5. The Association shall elect Directors to serve a term of one (1) year beginning at their election at the General Membership Meeting each year and ending one year later at the General Membership Meeting. No two members of the same family, owing the same lot, may serve on the Board of Directors at the same time, nor shall any member of the BOD serve on any standing Committee.

Section 6. The Membership shall elect by majority vote, a President, Vice President, Secretary and Treasurer and such other officers as the Association may by resolution decide to elect. The newly elected B.O.D. takes seating after the completion of the

"New Business" portion of the general election Meeting.

Section 7. No Director shall receive any compensation. The only exception being the reimbursement for duly authorized expenditures, accompanied by an itemized receipt. There are no other exclusions to this rule. A Director may be suspended or removed from office for cause and the office declared vacant as set forth in Robert's Rules of Order.

Section 8. In the event that an office shall become vacant for any reason before the end of the ninth (9) month of term a new election for that office shall immediately take place as set forth in the above paragraphs. Any vacancy occurring in the last three (3) months may be filled by appointment of the BOD.

Section 9. The President shall supervise and control the business of the Association and shall preside- at all meetings of the membership. He or she shall have all such powers as may reasonably be construed as belonging to the chief executive of Non- Profit Corporation.

Section 10. The Vice President shall Perform the duties of the President in his or her absence or at his or her direction.

Section 11. The secretary shall record the minutes of each regular special meeting of the membership and of the directors keep a list of all members and their mailing addresses provide notices in accordance with these by-laws and receive the correspondence of the Asso. and respond and report to the President and/or membership as appropriate

Section 12. The Treasurer shall keep an accounting of all funds of the Asso. and have custody of all financial documents. The Treasurer shall report to the Asso. and the BOD the financial circumstances of on a regular basis, but no less than quarterly. The Asso. shall retain the services of a non-member professional accountant to prepare a financial statement of the books at the end of the fiscal year and to prepare Federal, State and Local tax returns, if any. The Treasurer shall keep a copy of all current Insurance Policies of the Asso.

Section 13. It shall be the duty of the BOD to mail or to deliver to all members a quarterly statement, in writing, that includes the following information:

(a) A budget status, showing the approved annual budget by expense item and total; the current quarter expenditures by expense item and total; the year-to-date expenditures by expense item and total; the expense item and total. current balance by

(b) A financial status, showing the balance in the treasury at the beginning of the quarter, income receipts by item during the quarter, total income (balance in treasury plus income receipts), expenditures by item during the quarter, total expenditures and the closing balance at the end of the quarter

(c) A summary of the minutes of all BOD meetings, joint Committee-BOD meetings and General Membership meetings held during the quarter.

(d) All other information that would be of interest to the membership

(e) This information shall be furnished by the 20th of the months of February, May,

August and November.

ARTICLE VI. GENERAL BUDGET MEETING: DISBURSEMENTS: DUES: ASSESSMENTS.

Section 1. There shall be a General Budget Meeting at the clubhouse on the first or second Saturday of each March.

Section 2. The fiscal year shall run from May 1 through April 30 each year.

Section 3. By February 15 of each year the BOD shall mail the proposed budget showing the proposed expenditures by line items to all members of the association. Voting shall take place at the budget meeting on each line item. Final resolution on each line item shall be made at the meeting by the votes of those attending as long as there is a quorum.

Section 4. Annual assessments shall be mailed to the members no later than April 1st of each year and shall be due on May 1. Any assessment not paid by the due date shall be subject to a 1.5% fine per month for the assessment amount. This amounts to a 18% annual rate

Section 5. No disbursement may be made for an unbudgeted item unless it is for a clear emergency and does not exceed $100. An emergency disbursement exceeding $100 shall be reported to the general membership within (5) days by calling an emergency general meeting. Budgeted disbursements shall be made by resolution of a majority of the members of the BOD with at least four (4) members present

Section 6. The yearly assessment shall not exceed the total approved budget divided by the total number of properties. Any portion of an excess of money from other years may be used to reduce the assessment amount upon a motion from the floor and vote by show of hands.

Section 7. A special assessment may be levied by a written notice to the membership detailing the amount and the reason for the assessment. The BOD shall be required to call a meeting of all LHPOA members whereupon a majority of approving votes shall put the special assessment into effect

ARTICLE VII. COMMITTEE

Section 1. The following standing committee will be nominated and voted upon by a show of hands during the General Election Meeting each September and will serve a term of one year. No two members of the same family, owning the same lot, shall serve on the same standing committee at the same time. The B.O.D shall mail - list of all officers and members of all committees to the membership no later than the first official mailing after the election.

• EVENT COMMITTEE: Shall plan, improvise and put into operation ideas for the community. Shall be composed of 2 to 5 members. All plans and activities must be approved by the B.O.D.

ARTICLE VIII. PROTECTIVE COVENANTS: AREAS HELD FOR COMMON USE BY THE ASSOCIATION: AMENDMENTS OF BY-LANS

SECTION 1. The protective covenant for Lenape Hillis subdivision is set out in the deeds in the chain of title for each member. Additional covenants are set out in their plan of Lenape Hills subdivision found in Monroe County Map Book 24, page 107. It is the duty of the B.O.D. to enforce these covenants.

SECTION 2. The roads and other common areas, including the clubhouse, pond, conveyed to the association by the developer, shall be subject to the exceptions and reservations set out in the said deed and these by-laws.

ARTICLE IX. EFFECTIVE DATE

SECTION 1. These By-Laws were first considered at a special meeting of the B.O.D of Lenape Hills Property Owners Assn. and the By-Law Committee held in 1989 and were submitted for approval at the meeting of the general membership in 1989.

ARTICLE X: RECORDING NON-PROFIT CORPORATION ACT OF 1972

SECTION 1. It is the intention of the Association not to this document.

SECTION 2. The Pennsylvania Non-Profit Corp. Law of 1972 as amended, (hereafter called "Non-Profit Corp. Law") is hereby incorporated into these by-Laws except where the provisions of these by-laws provide for other regulations of the management of the affairs of the association as permitted under section 7504 of the Non-Profit Corp. Law. The provisions of the Non- Profit Corp law shall apply even if only partially reproduced herein, especially regarding the duties of notice of meetings quorum, removal of directors and selection and removal of officers, third party actions, reimbursement for expenses, and other matters of lawful operation of the association.

SECTION 3. Corporate records: Section 7508; The Association shall follow the requirements, and procedures of the Non-Profit Corp. Law, Section 7508, regarding the keeping of corporate records and the inspection thereof. A synopsis of the requirements is as follows:

(a) Every Non-Profit Corp. shall keep an original or duplicate record of the proceedings of the members and the directors, the original or a copy of it's By-Laws, including all amendments thereto to date, certified. by the Secretary of the corporation, and an original or duplicate membership register, giving the names of the members and showing their respective addresses and the class or other details of the membership of each. Every such Corp. shall also keep appropriate, complete and accurate books of records of account. The records provided for in the subsection shall be kept: at the registered office of the corp. in the Commonwealth or at: its principal place of business wherever situated.

SECTION 4. Right of inspection: Every member shall, upon written demand under oath stating the purpose thereof, have a right to examine, in person or by agent or attorney, during the usual hours of business for any proper purpose, the membership register, books and records of account, and records of the proceedings of the members, directors and such other body and to make copies or extracts thereof. A proper purpose shail mean a purpose reasonably related to the interest of each person as a member. In every instance where an attorney or other agent shall be the person who seeks the right to inspection, the demand under oath shall be accompanied by a power of attorney or such other writing which authorizes the attorney or other agent to act on behalf of the member. The demand under oath shall be directed to the Corp, at its registered office in this Commonwealth or at its principal place of business wherever situated.

SECTION 5. Fees, dues, and assessments: The Association shall have the right to levy fees, dues and assessments on its members pursuant to the authority vested under the Non-Profit Corp. Law, section 7545.

SECTION 6. Annual Report of the Board of Directors: The B.O.D. shall make an annual report to the members. Verified by the President and by the Treasurer, a majority of the. members of the accordance with the Non-Profit Corp Law, Section 7555; which shall include in appropriate detail the following:

(a) The assets and liabilities of the Corp

(b) The revenue and receipts of the Corp

(c) The expenses and disbursements of the Corp

(d) The number of members of the Corp. on the date of the report.

The report shall be filed with the minutes of the meeting of the members.

SECTION 7. Notice of meetings of the Board of Directors: The manner of notice of meetings of the B.O.D. shall be in accordance with the Non-Profit Corp. Law, Section 7702, which provides in summary that notice shall be "Given to such person, either personally or by sending a copy thereof by first. class mail postage prepaid.. .to his address appearing on the books of the Corporation. If the notice is sent by mail, & It shall be deemed to have been given to the person entitled thereto when deposited in the United States Mail. A notice of meeting shall specify the place, day, and hour of the meeting and any other information required by any other provision of the Non-Profit Corporation Law.

SECTION 8. Notice of meetings or members: Notice of meetings of the members shall be in accordance with the Non-Profit Corp. Law, Section 7705, which provides that Written notice of every meeting of the members shall be given by, or at the direction of, the Secretary or other authorized person, to each member of the record entitled to vote at the meeting, at least (25) days prior to the day named for the meeting..

ARTICLE XI SEAL

SECTION 1. The seal of the Corporation shall be in the form set out immediately below. I hereby certify that the foregoing document constitutes the By-Laws of the Non- Profit Corporation known as Lenape Hills Property Owners Association, Inc. 2022 I further certify that a record of the said resolutions to adopt to the above by-laws of the Association has been duly recorded in the minute books of the Association

Secretary,