September 5, 2013
FOURTH AMENDMENT TO DECLARATION AND ESTABLISHMENT OF CONDITIONS, RESERVATIONS, AND RESTRICTIONS FOR OAKHAVEN
Township of Pine, County of Allegheny
Commonwealth of Pennsylvania
This Fourth Amendment to the Declaration is made this 5th day of September, 2013, by Oakhaven Homeowners’ Association, a Pennsylvania nonprofit corporation (hereinafter referred to as “Association”).
R E C I T A L
Oakview Development Corporation ("Declarant") recorded a Declaration and Establishment of Conditions, Reservations and Restrictions dated December 6, 1994 in the Recorder's Office of Allegheny County, Pennsylvania in Deed Book Volume 9384, Page 292 on January 22, 1995 ("Declaration").
Declarant recorded a First Amendment to Declaration dated September 25, 1995 in the Recorder's Office of Allegheny County, Pennsylvania in Deed Book Volume 9581, Page 144 on November 14, 1995.
Declarant recorded a Second Amendment to Declaration dated March 31, 1998 in the Recorder's Office of Allegheny County, Pennsylvania in Deed Book Volume 10162, Page 430 on March 31, 1998.
Declarant recorded a Third Amendment to Declaration dated June 18, 1998 in the Recorder's Office of Allegheny County, Pennsylvania in Deed Book Volume 10226, Page 198 on June 22, 1998.
Pursuant to Section 13.2 of the Declaration, the Association has the right to alter, modify and change the covenants by the affirmative vote of 2/3rds of the Lot Owners.
The Association desires to amend the Declaration to amend regulations relating to fences.
NOW, THEREFORE, intending to be legally bound, Declarant hereby amends the Declaration as follows:
1. Section 4.23: Fences
Declaration shall be amended to read as follows:
Section 4.23: Fences
No fences may be constructed on any lot except in strict accordance with the following restrictions:
(a) The material must be black wrought iron and not exceed four (4') feet in height. The fencing must be approved by the Board. The Board may reject any fencing proposal which is not harmonious with the general character of the neighborhood;
(b) Fencing as specified herein may be constructed only in accordance with Township specifications and must be located only to the rear of a line running from side lot line to side lot line which is coterminous to the rear face line of the dwelling constructed on the lot, except as provided in the subparagraph (c) below;
(c) Under no circumstances will any fences be permitted in the front yard. The front yard shall consist of the full width of the lot measured in depth from the street to a line parallel with the part of the front face of the dwelling most distant from the street;
(d) Fences, as described above, are considered to be of a permanent design and placement. Certain seasonal fencing such as that used to protect a garden, may be used. Such use must be in keeping with the harmony of the Plan, and while not requiring specific Board approval, the Board reserves the right to require the lot owner to make revisions to restore the harmony of the Plan where that harmony, in the opinion of the Board, has been compromised. These fences must be seasonal and must be removed in the off season; and
(e) This revised Section 4.23 applies to all fences constructed after the date of this amendment. All conforming fences may remain in place, provided that any replacement of a non-conforming fence shall comply with the provisions of Section 4.23.
In all other respects, Declarant hereby ratifies, confirms and republishes the Declaration.