Section 3.1 Common Elements: (V.1; Date Added 20 April 2006)
The Declarant hereby does designate, certain portions of the Commtmity to be Common Elements as shown in the Plats and Plans. Such Common Elements include storm water basins, swales, and outlets within the open areas that are not dedicated to West Manheim Township or Penn Township or otheiWise which the Association must maintain, all open areas, walkways within open areas and signs identifying the Community. Common Elements do not include street rights-of-way and streets dedicated or to be dedicated by the Declarant to the municipalities within which the Community is located, nor any sewer lines or facilities or storm water management facilities dedicated to a municipality and with respect to which such municipality has a maintenance, repair and replacement obligation. Any stonn water management facilities that will become common elements will be constructed by the Declarant prior to conveyance to the Association, as hereinafter provided.
All open areas maybe used by all Unit Owners, their guests} residents, and family members in accordance with the Rules and Regulations from time to time adopted by the Executive Board. The Association shall maintain and repair all Common Elements, excepting sidewalks located upon a Unit or located along a front, side, or rear yard of a Unit (which shall be maintained and repaired by the Unit owner at such Unit owner's expense), with the costs thereof being Common Expenses. All Unit owners are advised that if the Association fails to maintain storm water management facilities within the Common Elements and that are its responsibility, or if the Association permits open areas that are part of the Cornn1on Elements to become a nuisance, West Manheim Township in which such Conunon Elements are located or other applicable governmental bodies will have the right, but not the duty> to make necessary repairs at the expense of the Association and or Unit owners.
Maintenance of proposed construction storm water erosion and sediment pollution control facilities located at the Property will be made pursuant to a storm water pollution prevention plan and maintenance manual as prepared by Robert A. Sharrah, PLS as approved by West Manheim Township and Penn Township, as applicable, or the York County Conservation District and the Pennsylvania Department of Environmental Protection.
Section 3.2 Conveyance, (V.1; Date Added 20 April 2006)Completion Bonds.
Common Elements will be owned by the Declarant until conveyed to the Association. On or before the date that the last Unit (including Units that may be created within any Convertible Real Estate) is conveyed to a Unit Owner other than the Declarant, the Common Elements (excluding street and utility rights-orway and streets and storm water and sanitary sewer facilities dedicated or to be dedicated to municipalities) will be conveyed by the Declarant to the Association by Deed of Special Warranty for no consideration; provided, however, that the Association shall be obligated to assume the Declarant's obligation to maintain all such Common Elements, including but not limited to certain storm water management facilities and basins, swales, and outlets within the open areas, and signs identifying the Community. The Association's assumption of the Declarant's maintenance obligations will increase the budget of the Association. Any increase in the Association's budget will increase Common Expenses and consequently the Unit o"Wners' allocable shares thereof. Until conveyance of the Common Elements to the Association, the Declarant shall be solely responsible for real estate taxes assessed against or allocable to the Common Elements and for all other expenses in coiUlection therewith. The Declarant does not intend to provide to the Association any third party guarantee, bond, escrow, letter of credit or similar mechanism to assure completion of all improvements to be constructed ·within or included as Common Elements. The Declarant's only guarantee and obligation as set forth herein, and any improvements bond or letter of credit in favor of and required by the municipalities within which the Community is located, will be provided to assure that such improvements will be completed. Any Common Elements constituting a constructed improvement that is built or to be built will be deemed to be completed upon approval ofthe municipality within which such Common Elements are located. The foregoing obligations of the Declarant shall be binding upon the Declarant and any successor in interest. All improvements will be completed according to the schedule required by the rules and regulations of West Manheim Township and Penn ToWnship and in all events will be completed prior to conveyance of the last Unit.