AMENDED CONSTITUTION AND BY-LAWS
THE ESCAPE PROPERTY OWNERS ASSOCIATION INC.
08-23-07
Article I – NAME
The name of the organization shall be "The Escape Property Owners Association, Inc." This Corporation is
registered in the State of Pennsylvania.
Article II – PURPOSE
The purpose for which this Association is organized is to secure a closer official and personal relationship
among property owners through The Escape. To secure unity of action in matters coming before the
Association; to devise and suggest ways and means for advancement and perfection of the Association; to
promote cooperation between the property owners. It is also the purpose of the Association to have all of the
rights, privileges, etc. bestowed on it by the developer and through the restrictive covenants, as well as all of the
powers and privileges provided by law, specifically with the power to set and collect assessments, fines, dues
and/or maintenance monies and maintain lawsuits for maintenance fees, dues, assessments and fines.
Article III - GOALS
Section 1 Provide for proper and continued Sewer and Water maintenance services.
Section 2 Provide Code Enforcement Service/Security with special emphasis on regulation of vehicles, including
vehicles other than automobiles.
Section 3 Oversee the timely collection, spending, etc. of the maintenance fees and dues, with respect to the
association.
Section 4 Provide for the maintenance and improvements of all roads within the Escape properties including, but
not limited to, snow removal, lights, etc.
Sections 5 Restriction of pets.
Section 6 Restriction of solicitors and unauthorized non-Escape residents from use of any Escape
amenities/properties
Section 7 To take steps to abate any public nuisance, including court action to force such abatement with all
costs to be paid by the violating party.
Section 8 Proper display of street signs. .
Section 9 To require contractors/property owners to post a bond before any construction, to secure the
condition of the roads and other amenities. To restrict hours of work.
Section 10 The Board of Directors has the authority to make the Rules and Regulations of the Escape Property
Owners Association. Changes will not take effect until notification is made to all members.
Section 11 The Board of Directors have the authority to set fines (as posted in the Rules & Regulations) to a
property owner when said owner is not in compliance with, Rules & Regulations, By-laws, Covenants or
Restrictions.
Article IV - MEMBERSHIP
Section 1 The Association membership shall be composed of all property owners of the Escape.
Section 2 Members are entitled to all rights and privileges of membership and subject to all dues, charges and
assessments established by the Association; and to such rules and regulations not inconsistent with the
Constitution and By-Laws of this Association as from time to time may be presented for the Government of the
members.
Section 3 A property owner shall not be a member in good standing of the Escape Property Owners Association,
Inc., nor be entitled to the rights of that Corporation, if in default in payment of fees, maintenance levies or
assessments, owed to the Escape Property Owners Association, Inc., or if in violation of any rules, regulations or
restrictive covenants.
Section 4 The right to vote and to hold office shall be limited to members in good standing. It shall be
understood that each lot shall generate one vote only, whether that lot be held singly or jointly. It shall be
understood that one Association member in good standing shall generate one vote for all lots owned.
Section 5 A member not in good standing may be reinstated to a member in good standing upon payment of all
monies in default to a current status and shall be entitled to the rights of that Corporation when in compliance
with the rules and regulations as set forth by the Escape Property Owners Association, Inc.
Section 6 Should it become necessary to refer for collection a Property Owners delinquent dues, assessments,
or other charges, all Attorney Fees, filing costs, service costs, and all other costs of collection shall be added to
the amount submitted for collection, and become the responsibility of the delinquent Property Owner.
Section 7 Only members in good standing are entitled to vote and enjoy all privileges/amenities of the Escape
Property Owners Association
Section 8 The dues, fees and assessments of the Association are subject to a budget set forth by the Board of
Directors, which shall bind the membership unless defeated by a majority vote. Voting on financial matters shall
be by mail.
Section 9 Non-Payment of Escape Property Owners Association Utilities, i.e. Water, Sewer, Maintenance Fees,
Dues, Fines and Assessments by a property owner as set down by the Board of Directors of the Escape
Property Owners Association is subject to fines and/or discontinuance of water service after due notification:
A) Notification shall be by certified mail to the property owner and if the property is rented or leased, to the
renter also.
B) The certified mail shall be deemed issued and received at date of delivery or at the expiration of (15) fifteen
days of its mailing via certified mail regardless of whether the certified mail is accepted by the offending owner.
C) If satisfaction of the unpaid fees for the utilities, i.e. Water, Sewer, Maintenance Fees, Fines, Dues and
Assessments are not paid within (10) ten days, of receipt of the certified letter or as noted in the above, Section
9 B, the Association will have the right to shut off the utilities to the owner's property, and the offending owner
and renter, if applicable, will also lose the use of the amenities until such time as the fees and fines are paid.
D) Authorized representatives of the Escape Property Owners Association, their successors, and assigns, shall
share an absolute right of entry and access upon any private property or common area for the purpose of
enforcing the provisions of the Constitution, By-Laws, Covenants, Rules and Regulations of the Escape Property
Owners Association, as well as the correction of violations and the right to terminate the Escape Utilities. This
must be done with reasonable suspicion or probable cause.
Section 10 Votes may be cast in person or by proxy. All proxies shall be in writing, signed and dated by the
person who is entitled to vote. All proxies shall be notarized and delivered to the Secretary at least ten (10) days
prior to the meeting at which they are intended to be used. Any proxy shall be void if it is not dated or if it
purports to be revocable without notice. Any proxy given pursuant to this section shall terminate not later than
one (1) year after its date of execution.
Section 11 Escape Common Property can only be sold, leased or rented by a two-third vote of the entire
membership.
Section 12. Property Owners are responsible for their guests, visitors and users of their property.
Article V - BOARD of DIRECTORS
Section 1 Members in good standing of the Association shall elect a Board of Directors, which shall consist of
nine (9) active members of which no more than one (1) person per property shall be allowed to serve as a Board
Member.
Section 2 Three Directors shall be elected annually for a three (3) year term, to take office on January 1st,
following the election. The exception to this would be in the case of filling an unexpired
term.
Section 3 The President shall be elected from among the members of the Board by the board at their first
meeting in January. The officers of the Association shall be elected annually by the Board of Directors at the
organizational meeting of each newly constituted Board of Directors to be held as soon as possible after the first
of the year.
Section 4 All members in good standing, interested in serving on the Board of Directors, shall submit his or her
name to the Association Secretary, at least thirty (30) days before the Fall Meeting of the Association, in the
year of the election. Employees of the Escape may not serve on the Board of Directors.
Section 5 Any Board member or President completing his or her respective term, may be elected for a
successive term or terms.
Section 6 Directors can and shall hold such meetings of the Board of Directors at any time upon request of the
President or any five (5) Board members. When possible, the Secretary shall give notice of such meeting to all
members of the Board of Directors by regular mail, by telephone, by fax, and by posting at the Marina.
Section 7 Five (5) or more Directors, including the President, constitute a quorum.
Section 8 A Board Member shall attend all Directors meetings, and Association meetings. If three (3) meetings
are missed consecutively, without good cause, said member is automatically dismissed and another member
shall be appointed in accordance with Article VII Section 2. The Executive Board shall consist of one President,
Vice-President, Secretary, Treasurer.
Section 9 Any member in good standing may attend any meeting of the Board of Directors. The President may
allow comments or questions during the meeting. Members at large may present their concerns at the
conclusion of business. Any member causing a disruption during the meeting shall be removed.
Section 10 Other than members in good standing, only the Property Manager, or his/her designee, may attend
the Board of Directors meetings. No contractor, vendor, employee or other non-member shall be present while
the Board is conducting its meeting unless that individual is specifically authorized to be there by the Board.
Section 11 Copies of any legal notices including tax liens, Sheriffs Sale notices, notices from any governmental
agency, or any other pertinent notices received by the Association shall be posted conspicuously on all
Association Bulletin Boards. Copies of any legal opinions by the attorney for the Association should be attached
to the original notice in a timely fashion.
Section 12 Immediately after the fall meeting, written election ballots shall be sent to all members. The ballots
shall be returned within 30 days to the Association in the self-addressed envelope provided. The ballots of
members not in good standing at the time of ballot counting will be invalidated. Results of the election shall be
announced in the newsletter and posted at the Association office.
Article VI - REMOVAL OF OFFICERS AND/OR DIRECTORS
Any officer or director may be removed from office when, in the judgment of the Board, the best interest of the
Association will be served by such removal! Such officer or Director can only be removed by an absolute
majority vote of the Board, which would require at least five (5) affirmative votes. The President shall be entitled
to vote on this issue. Any member who has been removed or resigns from office in the past or present shall be
ineligible to serve on the Board at any time in the future. Any member of the Board may take a Board approved
leave of absence for up to (90) days and return to complete their term. Any leave over ninety (90) days must be
approved by the Board of Directors. Taking a leave of absence will not preclude any member from running for
an additional term on the Board of Directors.
Article VII - VACANCIES
Section 1 Any vacancies occurring within the offices of the President, Vice President, Secretary and Treasurer
shall be filled by a majority vote of the Board.
Section 2 Vacancies occurring within the Board of Directors, may be filled by any member in good standing by a
majority vote of the remaining Board. The appointee will only serve until the next regular Board of Directors
Election. The appointee as well as any member in good standing may run for the remainder of the unexpired
term.
Article VIII- OFFICERS AND THEIR DUTIES
Section 1 It shall be the duty of the President to preside at all meetings of the Board of Directors and of the
General Membership. He/she shall appoint with Board approval, such committees, as he/she feels appropriate to
deal with any aspect of the Association business. He/she shall be empowered, with Board approval and an
additional officers signature to execute all legal documents and bind the Association thereto, in addition to
powers above enumerated, he/she shall also be vested with powers and duties generally incident to the office of
the President of a non-profit
corporation except as otherwise determined by the Board, or as otherwise be set forth in these By-Laws.
Section 2. The Vice President is empowered to act and shall thereupon be vested of all powers and duties of
President in the absence of the President or in the event of the President's inability or refusal to act.
Section 3 The Secretary shall keep minutes of business and other matters transacted at meetings of General
membership and the Board of Directors. He/she shall mail or cause to be mailed, all notices required under the
By-Laws. He/she will oversee the corporate seal, non-financial records, a list of all members and addresses and
perform all other duties incident to position of Secretary. All records, tapes and documents pertinent to the
Association shall be kept in a designated place in the EPOA office.
Section 4 The Treasurer shall have custody of the funds of the Association. He/she shall supervise the
collection of monies due, paying obligations of the Association out of its funds, and perform such other duties as
are incident to the office of Treasurer. The Treasurer shall also have the power to sign checks, together with the
President, pertaining to the Maintenance and other Association accounts. All records shall be kept and
preserved, and turned over to the succeeding Treasurer. The President, Treasurer and any other person or
persons authorized by the board to sign checks, must be insured or bonded. Monies belonging to the
Association shall be deposited in banks designated by the Board of Directors and in the name of the
Association. Withdrawals on the accounts will require the signatures of two executive officers. The financial
records shall be audited annually by an independent accountant.
Section 5 Copies of all invoices received, expenses paid and other financial documents for the prior month shall
be made available in the office for examination by any member in good standing. The request must be in writing,
by appointment only, and in the presence of a Board member or designee. All requests shall be addressed
within five business days. Documents will be made available pursuant to 68 Pa.CSA 5316 and 15 Pa. CSA 5508.
Committees appointed by the Board of Directors shall have access to all necessary financial documents in order
to perform assigned duties. Payroll records and personal records for employees shall not be included.
Article IX - AMENDMENTS
Any member in good standing shall have the right to propose the alteration, amendment or revision of this
Constitution and By-Laws. Said proposal to be presented in writing to the Secretary and referred to the By-Laws
Committee for review and comment. The Committee shall either recommend approval or disapproval of the
proposal, in whole or in part. The Board will vote on the recommendation of the Committee, and any
amendments approved by the Board will be submitted to the membership for approval. The Constitution and By-
Laws shall not be altered, amended, or revised except by the members in good standing, who are entitled to
vote, this being done by ballot.
Article X - MEMBERSHIP MEETINGS
General Meetings shall be held at least twice per year, but can be quarterly at such times and places designated
by the Board. Meeting to be held on a Saturday or Sunday, and at a location to be decided upon according to
availability. One hundred (100) voting members of the Association in good standing shall constitute a quorum for
general meetings. Only such official action put forth by the Board shall be voted on at such general meetings;
however, property owners shall have the right, subject to reasonable time limitations, to express their opinions
on issues pertaining to the
membership.
Article XI - PROPERTY MANAGER
The affairs of the Association shall be administered by a Property Manager and such other personnel as are,
from time to time, authorized by the Board of Directors. The Property Manager shall be the chief operating and
administrative officer of the Association and shall be responsible to the Board of Directors for the management
of the affairs of the Association and the execution of the policies and decisions of the Board of Directors. The
Manager shall be chosen by the Board of Directors. The Manager at no time may be a Director.
BY-LAWS
Article I - DUES
Section 1 The annual mandatory membership dues shall be paid by the end of the first quarter of each year.
Board of Directors has the authority to increase the dues as deemed necessary.
Section 2 A Capital Improvement Fee shall be imposed at the time of any transfer of property as per
Pennsylvania Act 180.
Section 3 Any member delinquent for one (1) full year in payment of dues shall automatically be deprived of all
benefits and privileges of membership, including voting.
Section 4 An impact fee for connecting to the main water and sewer lines shall be charged by the Association as
per Pennsylvania Act 180.
Section 5 Monthly assessments/Maintenance Fees will be levied by the Board of Directors to coincide with the
proposed budget.
Article II - COMMITTEES
Section 1 The Board of Directors shall appoint all committees. All Committee Chairpersons shall be a Board
Member and shall report directly to the Board, who will refer concerns to the proper channels for action. Such
Committees are advisory only, and members serve at the discretion of the Board.
Section 2 The following are Standing Committees:
Finance, Grievance and Appeals, Community Watch, Physical Plant (covers building, roads, utilities)
Architectural (enforces the Covenants) and Ballot Committee.
Article III - PARLIAMENTARY AUTHORITY
At all membership meetings, said meeting shall be conducted in accordance with an agenda set forth by the
President or Chairperson at the meeting. The Chairperson of the meeting shall determine the conduct during
the meeting.
The ABC's of Parliamentary Procedures, promulgated by the Community Association Institute (CAI), shall govern
the Parliamentary procedure in all cases where they are not inconsistent with these By-Laws.
Article IV-DIRECTORS LIABILITY
The Escape Property Owners Association, Inc. constitution shall include the Director's Liability Act. No. 145, of
November 28, 1986, effective January 27, 1987.
This Act amends Title 42, (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes
providing for the liability of directors of business and non-profit corporations; and making repeals Section 1.
Chapters 61 and 83 of Title of the Pennsylvania Consolidated Statutes are amended by adding subchapters -
subchapter F, Corporate Directors Liability - Chapters 8361,
8362, 8363, 8364, 8365, 8366 and 8367 added.