We, the undersigned, Homeowners at the Ridings of Buckingham, call on the Board of Directors of the Homeowners Association of the Ridings of Buckingham to rescind its recent change to the Declaration of Covenants and Restrictions of the Association.
We also call on the Board to conduct a meeting, as soon as possible, to discuss the Covenant change as well as the hiring of North Penn Real Estate as managing agent, and any other concerns that Members of the Association might wish to bring to the attention of the Board at that meeting.
Background:
On June 16, 2009, the board of directors of the Homeowners Association of the Ridings of Buckingham (The Ridings) unilaterally, and without consent of the association, amended the Declaration of Covenants and Restrictions governing the homeowners' association, specifically, Restriction #8 of the Declaration of Covenants and Restrictions, Ridings of Buckingham, dated April 1999. The amended restriction now reads:
No rubbish, trash, garbage or other waste container shall be placed where visible on a lot, other than on a temporary basis on the day of collection. Acceptable means of storing such containers shall include garages, sheds, or enclosures specifically designed for these containers. Tarps and any other forms of non-permanent covers are not acceptable.
Pennsylvania state law (Pennsylvania Uniform Planned Communities Act, section 5219 A(1)(i) requires that at least sixty seven percent (67%) of the unit owners of any association approve any changes or amendments to any homeowners' association Declaration. The Board never received that approval.
Pennsylvania Uniform Planned Communities Act, chapter 53, section 5303 (B) states, "The executive board may not act on behalf of the association to amend the declaration under section 5219 (relating to amendment of declaration.)
The original, and still effective by-law Restriction states:
No rubbish, trash, garbage or other waste shall be placed where visible on a lot, other than on a temporary basis while awaiting collection, and then only if kept in a neat, securely covered sanitary container.
In addition, the Board has hired North Penn Real Estate as managing agent of the Association without proper notification of the Association, as required by section 5308 of the Pennsylvania Uniform Planned Communities Act. The undersigned would like to meet with the Board to discuss the hiring; what motivated it, the costs involved and whether it invited other managers to bid for the assignment.
