H.S.V.U.

1976 Deed restrictions

"Deed Restrictions"

1976 Sierra View Declaration. Seller: Vincent Barth, Sierra View Corporation

Schedule A

This conveyance is made under and subject to the following covenants, conditions, and restrictions, which shall run with the land, viz:

1. The premises hereby conveyed shall be used for residential purposes only. No building shall be erected, altered, placed, or permitted to remain on the premises hereby conveyed other than one detached single-family, not to exceed two and one-half stories in height, and a private garage for not more than two cars; minimum square footage to be not less than 700 square feet, decks not included.

2. No building shall be located on any lot nearer than 50 feet to the front lot line, or nearer than 30 feet to any side street line.

3. Easement for installation and maintenance of utilities, roads, and drainage facilities are reserved.

4. No structure of a temporary character, trailer, basement, tent, shack, mobile home, garage, barn, or other out-building shall be used on any lot at any time as a residence, either temporarily or permanently.

5. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot except dogs, cats or other household pets (which) may be kept provided that they are not kept, bred or maintained for any commercial purpose.

6. No lot may be kept in an unsightly manner. A lot will be considered unsightly when the following is kept on the property in an unsightly and dangerous manner: rubbish, trash, garbage, waste, junk cars, or debris. If the lot owner refuses to comply with this covenant, the Seller shall have the right to to enter upon the premises and take such actions as to rectify the unsightly condition and further, the Seller shall have the right to charge the Purchaser a reasonable fee for these services.

7. No signs for advertising purposes shall be erected or maintained on the premises or on or in any buildings on the premises.

8. An individual water supply system may be installed that conforms and is maintained according to the standards of the Commonwealth of Pennsylvania Department of Environmental Resources and any other government body having authority. Installation of the said system shall be performed simultaneously with the construction of a residence on the Purchaser’s lot.

9. A septic system may be installed that conforms and is maintained according to the standards of the Commonwealth of Pennsylvania Department of Environmental Resources and any government body having authority. Installation of the said system shall be performed simultaneously with the construction of a residence on the Purchaser’s lot.

10. No building or structure shall be erected upon the premises hereby conveyed without first obtaining the approval in writing of the Seller, as to location, elevation, plan, and design. The Seller shall approve or disapprove the said location, elevation, plan, and design within 15 days after the same have been submitted.

11. No excavation shall be made on the premises except for the purpose of building thereon and only at the time when building operations are to commence. No earth or sand shall be removed from premises except as part of such excavation without written consent of the Seller. The building or structure must be completed within 6 months after building operations commence.

12. No Purchaser shall clear his lot of brush, trees, or any burning of any nature whatever, except after having first obtained the approval of the Seller in writing. Such approval to specify the time and manner in which such clearing shall be done.

13. Purchaser shall be a member of the Sierra View Association and shall pay to the Association reasonable assessments for operation expenses of the Association, for the creation, acquisition, and maintenance of common property and to provide funds for the carrying out the purposes of the Association. The annual assessment together with such interest thereon and costs of collection thereof, shall be a charge upon the Purchaser’s land, hereby conveyed, and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with such interest thereon an the costs of collection, shall also be the personal obligation of the purchaser owning the land at the time when the assessment fell due. The lien of the assessment provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the property subject to assessment. The Purchaser covenants and agrees to accept and maintain membership in the Sierra View Association so long as he shall own the premises hereby conveyed and does covenant and agree to be bound by the by-laws of said Association.

14. Certain portions of the lands of the Seller laid down on the maps as streets are not dedicated to public use and title thereto shall remain in the Seller or assigns. The Purchaser and those claiming under him may use the same for ingress and egress to and from a public road and shall be made subject to the right of the Seller to maintain or grant their right to maintain streets, drains, fixtures for street lighting, telephone, and electric poles within the lines of such roadways.

15. The restrictions as herein provided shall apply only to the above premises and may be changed by the Seller when desired by it or its successors, said restrictions being imposed for the benefit of the remaining lands of the Seller and the lands which may hereafter be acquired.

16. The Seller may designate any company or corporation for the purpose of carrying our all or part of the authority vested in the Seller by these restrictions and may transfer to any individual or Corporation any and all roads and utilities and upon such transfer, the Seller shall have no further obligation or responsibility in respect thereof.

DRAFT only

"Restated and Amended Declaration"

"Deed Restrictions"

1976 Sierra View Declaration. Seller: Vincent Barth, Sierra View Corporation

DRAFT DRAFT DRAFT

TO: ALL SIERRA VIEW LOT OWNERS

RE: Homeowner's Bill of Rights – The “Deed Restrictions” Modernization Project

Dear Neighbor,

Our community is currently governed by a set of “Deed Restrictions” written in 1976 by the original developer, Vincent Barth. These rules were designed for a construction site 50 years ago—not for a mature, independent neighborhood in 2026.

Because these rules are outdated, our Association has been left with vague powers that can lead to inconsistent enforcement, unnecessary fines, and intrusive inspections. It is time to bring our community standards into the 21st century.

We are proposing a Restated and Amended Declaration to protect your home and your equity. By signing the attached petition, you are voting to:

Stop Board Trespassing: Reaffirms that your lot is private property. The Association may no longer enter your land for “inspections” without your permission or a court order.
Cap Assessments and Fines: Limits total annual charges to 300% of base dues. This prevents "surprise" special assessments from becoming a financial burden on families and seniors.
End Predatory Liens: Prevents the Association from recording a lien against your home unless the debt exceeds 3x the annual dues. We are also capping interest rates at a fair 3% and limiting legal fee collections.
Restore Building Freedom: Moves architectural and excavation oversight to the Township professionals who actually issue the permits, removing the Board’s ability to veto your decks, sheds, or home improvements.
Protect Your Landscaping: Explicitly prohibits the HOA from micromanaging your private gardens, lawns, or trees.
A Clear Exit Strategy: Formally acknowledges that our roads belong to the Township and creates a legal path to eventually dissolve the HOA entirely if 80% of us agree in the future.

This is about your right to enjoy your home without fear of "selective enforcement." To make these changes legally binding, we need 67% of our neighbors to say "Yes" to protecting our property rights. This amendment does not remove our community standards; it simply ensures they are enforced fairly, legally, and through the proper municipal channels.

Please sign-notarize the attached petition and return it to: ____DRAFT ONLY NOT APPROVED__ Let’s move Sierra View forward by protecting our past and securing our future.

Sincerely,

H.S.V.U.

NOTICE OF FORMAL ABANDONMENT OF SELLER RIGHTS

TO BE RECORDED WITH THE 2026 RESTATED DECLARATION

WHEREAS, the original Declaration of Covenants, Conditions, and Restrictions for Sierra View (the “Barth Edition,” recorded 1976) reserved certain personal covenants to Vincent Barth, Sierra View Corporation, Universal Industries (collectively, the “Seller”); and

WHEREAS, Pennsylvania law and the principles of equity recognize that personal contract rights and "Declarant Rights" may be terminated through voluntary abandonment or the relinquishment of interest in the subject property; and

WHEREAS, the Association maintains in its official corporate records original correspondence from the Seller, Vincent Barth, dated 10/17/1991 and 2/21/2003, wherein the Seller explicitly and unequivocally terminated his involvement with the community, stating: “I hope you [the Board] are all wise enough to avoid wasting your time managing Sierra View,” and further stating, “Trusting this is all the notice you need, I don't expect to hear from you;” and

WHEREAS, these “Ancient Documents” (pursuant to Pa.R.E. 803(16)) serve as a final and binding Statement Against Interest, confirming that the Seller’s personal rights were abandoned decades ago without the legal designation of any Successor of record; and

WHEREAS, the Lot Owners of Sierra View, as the sole remaining beneficiaries of the 1976 Declaration, now exercise their statutory right under 68 Pa. C.S. § 5219 to reform these restrictions to reflect the reality of this abandonment;

WHEREAS, the Uniform Planned Community Act (UPCA) Title 68 Section 5303 (c) and (d) mandates term limits of Declarant control over the executive board, and Provision 15 of the 1976 Declaration expressly limits the 'Seller’s' unilateral power to the 'benefit of the remaining lands of the Seller'; and it appearing of record that the Seller possesses no remaining buildable lands within the community, the rights reserved therein have expired by their own stated terms and the purpose of the original 'benefit' has been frustrated by the completion of the development

NOW THEREFORE, let it be known to all title searchers, successors in interest, and the public at large, that the “Seller” rights previously described in Provisions 10, 11, 12, 13, 15, and 16 have expired by operation of law and the express intent of the Developer.

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