| Chapter 35 - Boats | Chapter 39 - Budget & Finance |Chapter 45 - Bulletin Board| Chapter 46 - Club Rules and Regulations Procedure |Chapter 47 - Commercial Vehicle Bar Code Stickers | Chapter 52 - Committees | Chapter 57 - Community Property | Chapter 61 - Concession Franchises | Chapter 67 Counsel, Legal |
|Chapter 69 - Disposition of Property | Chapter 70 - Distribution of Materials | Chapter 71 - Dogs |

CHAPTER 35 - BOATS (ADOPTED 8-20-94)

35-1 Docking and Registration (Amended 4-28-01, 12-08-07, 04-26-08)

Docking facilities boat racks and hitching posts are maintained by the Hemlock Farms Community Association, which also registers boats and issues registration numbers which must be affixed to members’ and guests’ boats prior to use on any of the HFCA lakes, such use being subject to all state and local codes. (For specific types of boats refer to 188-13.)

35-2 Size Limitations for Boats

Only boats up to a maximum beam width of 60 inches shall be allowed to rent dock, rack or hitching post spaces. No modifications shall be made to HFCA docks, racks or hitching posts.

35-3 Dock Rack and Hitching Post Rental (Amended 4-28-0112-08-07, 04-26-08)

Rental of dock, rack or hitching post space is not transferable. Space reverts to HFCA when relinquished by a resident lessee. All unpaid docks, racks and hitching posts become available on a first come, first served basis on the date published by Management during the spring each year. If the annual boat space rental is not renewed by the date published by Management and the boat is not removed from that space by that specified date, the boat will be subject to impounding.

35-4 Violations and Penalties (Amended 04-26-08)

A. Violations of these rules and regulations will result in a fine.

B. With the exception of impounding, the first offense of these rules will be a fine of twenty-five dollars ($25) to the member; a second offense is subject to a fine of fifty dollars ($50) to the member; and a third offense is subject to a fine of one hundred dollars ($100) and/or suspension of all privileges for the remainder of that year.

C. Violations of these rules and regulations may also result in impounding of the boat. The fee for impounding is governed under Code Chapter 188-13 F.

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CHAPTER 39 - BUDGET AND FINANCE

(Amended 4-28-01)

ARTICLE I - Budget Balances (11-26-83)

39-1 Disposition of Budget Balances

Commencing with December 31, 1984, at the end of each fiscal year, any budgetary balance remaining as either a surplus or deficit shall be applied as credit or charge in the operating budget for the ensuing fiscal years.

ARTICLE II - Reserve Funds (11-26-83)

39-2 Reserve for Uncollected Dues

A reserve for uncollected dues shall be funded in an amount equal to the average of actual uncollected dues over the immediate three (3) preceding fiscal years.

39-3 Emergency Reserve Fund (Amended 1-19-85, 4-26-97)

An emergency reserve fund for unanticipated operating expenses shall be funded at four percent (4%) of the total operating expense line of the approved budget, prior to the inclusion of the contingency line.

39-4 Capital Reserve Fund (Amended 1-19-85)

A. A capital reserve replacement fund shall be established as a means of funding the replacement of existing facilities and equipment. This fund shall project replacement requirements over an estimated useful life of each component of the fund and provide for an annual contribution from the current year's dues sufficient to provide for these projected requirements.

B. This fund shall consist of projections for facilities and equipment having a replacement cost of five thousand dollars ($5000) or more and an initially determined useful life of three (3) years or more.

C. Nothing in this section shall prevent the Board from borrowing from this fund to spread immediate replacement costs over several years or to fund new facilities or equipment, provided that, in either case, a repayment schedule of all funds borrowed shall be adopted by the Board at an appropriate interest rate at the time such borrowing is approved.

D. Contributions from the general funds of the Association shall be deposited in an account which shall be separate and apart from any other funds of the Association and shall be invested in accordance with Board policy.

E. The primary consideration shall be that the purpose of this fund is to equitably finance facilities and equipment to avoid overburdening any single year's dues payers.

ARTICLE III - Public Works Projects Budget (3-23-85, Deleted 4-28-01)

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CHAPTER 45 - BULLETIN BOARD

45-1 Rules for the Use of HFCA Bulletin Board (Adopted 2-22-92)

A. Any organization which encourages or promotes the participation of all HFCA residents and renders services to residents in activities related to recreational, social, cultural, religious or health matters. These organizations may use the Organization Activities section. Priority will be given to organizations within Hemlock Farms.

B. Hemlock Farms Community Association will use the HFCA section.

C. Local non business advertisers may use the sales/want ads section

D. Local Businesses may use the Business Ads section.

45-2 Size of Notices:

A. Organization and HFCA advertisements may not exceed 8 1/2" x 11".

B. Local advertisements may not exceed 3" x 5" and business advertisements may not exceed 2" x 3 1/2".

C. Local non business advertisements may not exceed 3” x 5” and business advertisements may not exceed 2” x 3 ˝”.

45-3 Timing:

A. All items will contain the expiration date before being placed on the board.

B. All items will be limited to a total of 30 days display, except general business ads which may be posted for a 3-month period (One ad per business).

45-4 Availability:

A. All items to be displayed must be taken to the HFCA office.

B. All items will be displayed on a "first come, space available" basis.

C. Due to the limited nature of the bulletin board, Organizations outside Hemlock Farms will be limited to one organization posting at any one particular time.

D. Advertising vendors with an account not up to date with the HFCA will not be considered for free advertising.

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CODE CHAPTER 46

CLUB RULES AND REGULATIONS PROCEDURE

(Added May 16, 2008)


46-1 Purpose:


Approved clubs, groups and organizations are sponsored by the Hemlock Farms Community Association (hereinafter referred to as HFCA) to provide an opportunity for all members to pursue common interests, hobbies and recreational/cultural endeavors.  The recreation facilities are for the exclusive use of all members and their guests.  It is the purpose of this code to provide both guidance and structure to the approved club system and enable the regular membership to fully enjoy the programs and facilities provided.


46-2 Authority:


The HFCA Board of Directors shall approve all approved clubs annually on the anniversary of the Club’s initial approval under the Club Rules and Regulations Procedure.


46-3 Adoption and Amendment:


The Board of Directors hereby adopts the Club Rules and Regulations Procedure that shall be maintained in the Administration Office.  The Club Rules and Regulations may be amended from time to time.


 

CODE CHAPTER 47

COMMERCIAL VEHICLE BAR CODE STICKERS

(Added 12-11-04)

Non-member owners of commercial vehicles, including but not limited to delivery vehicles, service vehicles, construction vehicles, repair vehicles and maintenance vehicles, shall be afforded the privilege of purchasing bar code stickers to expedite entry into the community.

1.         This Code shall not negate the provisions of any other code governing Commercial vehicles.

2.         The cost for a commercial vehicle bar code sticker shall be approved by the board according to a schedule maintained in the Administration Office which schedule may change from time to time.

3.         Bar code stickers for commercial vehicles for non members shall be of a different color than those issued to community members, so as to make those vehicles readily identifiable.

4.         Vehicles shall be of a size so as to be able to enter through the 739 and 402 member entry gates, and so that bar code stickers can be affixed to an area on the vehicle which can be distinguished by the bar code reader.  Non-member commercial bar code entry through the Forest Drive gate shall not be permitted.

5.         Community entry for non member commercial vehicles with bar code stickers shall be limited to 7:00 AM  to 6:00 PM, Monday through Friday, and 9:30 AM to 6:00 PM Saturday, except from July 1st through Labor Day, when entry will be limited to Monday through Friday. Vehicles which must enter the community during hours other than those listed above, will enter through the visitor gates.

6.         The assessment for violation of any of the provisions of this section shall be $25.00 and immediate loss of bar code sticker privileges for all vehicles owned by the contractor.


CHAPTER 52 - COMMITTEES

ARTICLE I - Disposition of Committee Reports (Amended 9-18-76)

52-1 Designation of Committees and Disposition of Reports

All committees shall be designated by the Hemlock Farms Community Association Board of Directors, whose members shall receive copies of all reports and recommendations of such committees.

52-2 Submission of Reports to Manager (Adopted 8-20-94)

The committees shall submit each report and recommendation to the Community Manager who shall promptly make copies for immediate distribution to all members of the Board and to as many other committees as have need to know, so that they can comment, act upon the information, or advise the Board of their concerns or recommendations regarding the issue at hand.

ARTICLE II - Committee Membership (12-29-79, Amended 4-28-01)

52-3 Membership restricted (Amended 9-30-95 Amended 4-28-01)

A. No person may be a member of more than two (2) standing committees.

B. Each standing committee should have one (1) Board member assigned to act as a liaison to the Board.

  1. To serve on a committee, a member must be in good standing in accordance with Section 2.4 of the Association Bylaws.

52-4 Employee Membership

No employees may be members of any committee.

52-5 Exemption for Elections Committee (added 6-26-82)

The Elections Committee shall be excluded from the restrictions of 52-3 to enable members to be appointed to the Elections Committee as a third committee assignment, should the Board at its discretion at any time deem prudent.

ARTICLE III - Meetings, Rules and Reports (7-27-91)

52-6 Statement of Intent

In keeping with the informality of committee operations and the advisory role of committees to the HFCA Board of Directors, the following HFCA committee guidelines/rules are adopted.

52-7 Meetings

At its first meeting after appointment by the Board in each organizational year, each committee shall set a calendar for at least four (4) meetings per year, preferably one (1) or two (2) weeks after a regular Board meeting, and submit the calendar to the Board and the Hemlock News for publication at a time which will serve to notify the HFCA membership of an upcoming meeting.

52-8 Rules

A. At its first meeting after appointment by the Board in each organizational year, each committee shall establish rules governing its own procedures or reaffirm rules established in prior years, and such rules shall be distributed by the Community Manager to each committee member at the beginning of each activity year.

B. In the absence of such rules set by a committee, Robert's Rules of Order shall prevail. Any rules adopted by a committee must be in keeping with HFCA Bylaws, which, among other things, give the Board of Directors the only power to appoint and remove members of a committee.

C. Rules adopted by committees may not deprive any appointed committee member of active participation and should include procedures for:

1. Reasonable notice of meetings to committee members and the HFCA membership-at-large.

2. Cancellation of meetings.

3. Calling emergency meetings.

4. Quorum, if any.

5. Minutes of meetings and their approval.

6. Manner of transmitting reports and recommendations to the HFCA Board of Directors.

52-9 Reports and Recommendations (Amended 4-28-01)

A. Committee reports requiring Board action will include resolutions as agenda items at the end of the report. Committee Minutes will list members present and absent. Unless there is an exceptional reason, Committee Minutes will be "approved" by the committee prior to their being submitted to the Board.

B. All committee reports should be submitted to the Community Manager fourteen (14) days before a scheduled Board Meeting, for transmittal to the Board ten (10) days before scheduled Board Meeting, or the Community Manager should be notified that such a report will be forthcoming so that it can be so noted on the Board Agenda.

C. The Editor of the Hemlock News, with the advice of the Official Publications and Public Information Committee, be authorized to edit minutes of Hemlock Farms Community Association Committees that are printed in the Hemlock News. (Added 4-1-91)

52-10 Reports by Employees; Committee Recommendations

In keeping with Section 5.5 of the HFCA Bylaws, each committee Chairperson and committee member shall be apprised that employees of the HFCA report to the Community Manager, who in turn reports to the HFCA Board of Directors as a body and that no employee reports to a committee or an individual member of the HFCA, even when a committee area of concern corresponds to the employee's area of responsibility. All committee recommendations are to be made directly to the Board of Directors.

52-11 Personnel Matters

Personnel matters are the privy of the Board of Directors and are not the responsibility of any committee. Discussions regarding individual HFCA personnel actions and/or discipline will be handled by the Board of Directors or a personnel committee appointed by the Board.

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CHAPTER 57 - COMMUNITY PROPERTY

ARTICLE I - Conference Center (11-28-81)

57-1 Use Restricted

The Hemlock Farms Community Association Conference Center is designated for quiet use only, and it shall be made available to groups when such use is not in conflict with meetings of the Board or its advisory committees.

ARTICLE II - PROTECTION OF COMMON PROPERTIES (5-18-85)

57-2 Alteration or Destruction of Common Properties Prohibited

Since the common properties owned by the HFCA are for the benefit of all HFCA members, unless otherwise approved by the Board of Directors, no one shall alter these common properties or destroy or remove anything from these common properties.

57-3 Employees Exempt

HFCA employees are exempt from this prohibition in the normal course of their assigned duties.

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CHAPTER 61 - CONCESSION FRANCHISES

61-1 Awarding of Franchises; Conditions (5-16-92)

The Community Manager, with the approval of the Board of Directors, is authorized to award and revoke concessionary franchises in and on the property of Hemlock Farms Community Association. The awarding of any franchises will be subject to:

A. Payment of a franchise fee prior to commencing operation as determined by the Community Manager, and approved by the Board of Directors.

B. Presentation of copies of all applicable licenses and permits as required by the State, County and Township prior to commencing operation.

C. Other regulations as may be required from time to time to ensure safety, health, hygiene and cleanliness as it pertains to the franchise operation.

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CHAPTER 67 - COUNSEL, LEGAL

67-1 General Counsel Retained (9-22-84)

The Board of Directors shall select and retain general counsel for the Hemlock Farms Community Association.

67-2 Consultation Restricted (Amended 2-23-85)

The Community Manager may, without prior Board of Directors' consent, consult the HFCA general counsel on matters related to management and operations of HFCA business. All other requests for legal memoranda, letters or briefs must be approved by the Board and sought in the name of the Board with the attorney replying to the Board.

CHAPTER 69 - DISPOSITION OF PROPERTY

69-1 Policy Adopted (1-18-86 Amended 4-28-01))

The following policy shall be used for the disposition of items owned by the Hemlock Farms Community Association other than land, buildings and facilities:

A. For an Association item valued at fifty dollars ($50) or less, the item may be disposed of by the Community manager at his/her discretion.

B. For an Association item valued at fifty dollars ($50) or more.

1. The current value of the item shall be based upon depreciated value, condition and usefulness to the Hemlock Farms Community Association.

2. The Community Manager shall make a written request to the Board of Directors to dispose of the item.

3. With approval of the Board of Directors, the item may be offered for sale to employees, members and the general public.

4. If the item is offered for sale and not sold, the Board of Directors may declare the item of no value and to be discarded.

C. Disposal of Association--registered vehicles. When disposing of any registered vehicle, proper steps shall be taken to legally transfer title to the purchaser.

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CHAPTER 70 - DISTRIBUTION OF MATERIALS

70-1 Approval Required (3-28-81)

No material may be distributed to the Hemlock Farms Community Association membership by any HFCA committee or individual which either incurs expenses to the HFCA membership and/or implies Association endorsement, without prior approval of the Board of Directors.

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CHAPTER 71 - DOGS

(Amended 10-24-92, 03-29-97, 04-28-01, 12-15-01)

71-1 Running at Large Prohibited (Amended 10-24-92, 03-29-97, 04-28-01, 12-15-01)

A. The Pennsylvania Dog Law of 1982 provided for fines for persons who allow their dogs to run loose. All dogs must also meet all state requirements concerning licensing.

B. Dogs must be leashed and under control or on their owner's property at all times. Permitting a dog to run at large is prohibited.

C. The assessment for violation of section 71-1, A or B is fifty dollars ($50).

71-2 Barking Dogs (Added 03-29-97, Amended 4-28-01,12-15-01)

A. Owners are responsible for the behavior of their dogs or their tenants dogs at all times.

B. It is prohibited to allow any dog to bark in a manner which causes public annoyance, inconvenience or alarm.

C. Enforcement:

1. After confirmation by a Public Safety Officer that a violation of this Code has occurred, a citation shall be issued per incident, not per dog.

2. A first violation in any 12 month period shall be in the form of a warning.

3. Delivery of the citation or warning shall be immediate where possible. In other cases,where not possible, the citation or warning shall be mailed within the next five (5) business days. In those cases, receipt shall be assumed to have been completed 24 hours after issuance.

4. Subsequent citations may be issued at any time after receipt of a prior citation when conditions warrant.

D. Definition

1. As used in this code the word "public" means affecting or likely to affect a person or persons in a place to which the public has access; those places include, but are not limited to, roadways, Association facilities, any neighborhood or any areas which are open to the public.

5. The Assessment schedule is:

First $ 50.00

Second $100.00

Third and subsequent $150.00

6. Violations expire after one year from the date of the violation.

| Chapter 35 - Boats | Chapter 39 - Budget & Finance |Chapter 45 - Bulletin Board || Chapter 46 - Club Rules and Regulations Procedure |Chapter 47 - Commercial Vehicle Bar Code Stickers | Chapter 52 - Committees ||
Chapter 57 - Community Property | Chapter 61 - Concession Franchises | Chapter 67 Counsel, Legal |
|Chapter 69 - Disposition of Property | Chapter 70 - Distribution of Materials | Chapter 71 - Dogs |


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