Covenants

Fifth Amendment

November 1, 2023

FIFTH AMENDMENT TO DECLARATION AND ESTABLISHMENT OF CONDITIONS, RESERVATIONS, AND RESTRICTIONS FOR OAKHAVEN TOWNSHIP OF PINE, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA

Township of Pine, County of Allegheny

Commonwealth of Pennsylvania

This Fifth Amendment to the Declaration ("Amendment ) is made this 1st day of November, 2023, by Oakhaven Homeowners Association, a Pennsylvania nonprofit corporation (herein after 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 Department of Real Estate 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 Department of Real Estate 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 Department of Real Estate 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 Department of Real Estate of Allegheny County, Pennsylvania in Deed Book Volume 10228, Page 198 on June 22, 1998.


Declarant recorded a Fourth Amendment to Declaration dated September 5,2013 in the Department of Real Estate of Allegheny County, Pennsylvania in Deed Book Volume 15368, Page 586 on September 10, 2023.


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.


Having received the affirmative vote of 2/3rds of the Lot Owners, the Association desires to amend the Declaration as set forth more fully herein.


NOW, THEREFORE, intending to be legally bound, Declarant hereby amends the Declaration as follows:


1. The foregoing recitals are incorporated herein by reference.

2. Section 4.1 Residential Use

2. Section 4.1 of the Declaration is hereby deleted in its entirety and replaced as follows:

Section 4.1 Residential Use


None of the Lots shall be used for any other purposed other than single-family residential use. No Lot may be used for any manner of timesharing, fraction sharing, or any other form of short-term rental or lease of a Lot, including but not limited to, participation in marketplaces that offer short-term rentals, such as VRBO or AirBNB. Rather, all rentals or leases of a Lot must be greater than six (6) months. A request to lease or rent a Lot for a period less than six (6) months must be submitted to the Board of Directors for consideration and potential approval not less than sixty (60) days prior to listing for ental. Such approval will be in the sole discretion of the Board of Directors.

3. Section 4.23 Fences

3. Section 4.23 of the Declaration is hereby deleted in its entirety and replaced as follows:


Section 4.23 Fences


No fences may be constructed on any lot except in st ict accordance with the following restrictions:


(a) The material must be black metal and not exceed four (4) feet in height. The fencing must be approved by the Board of Directors. The Board of Directors may reject any fencing proposal which is not harmonious with the general character of the neighborhood. The specifications of the fence material must be one of the following options:


Aluminum

• Powder-coated high-strength aluminum alloy

• Professional installation

• Racked construction to allow fence to follow a slope

• Pickets: 0.75 x 0.75” (0.05” wall thickness)

• Top Rail: 1,25”H (0.085” wall) x 1.25”W (0.06” wall)

• Posts: 2 x 2” (0.090 wall)

• Posts positioned every six (6) feet


Steel

• Powder-coated galvanized G60 steel

• Professional installation

• Racked Construction to allow fence to follow a slope

• Pickets: 0.625” x 0.625 (18-gau e wall thickness)

• Top Rail: 1,25”H 1.25” W (16-gauge wall)

• Posts: 2 x 2 (16-gauge wall)

• Posts positioned every six (6) feet


(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 sheet.


(d) Fences, as described above, are conside ed to be of a permanent design and placement and must be maintained and repaired as necessary to retain an attractive appearance. 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 of Directors approval, the Board of Directors

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.

4. Section 4.24 Energy Conservation Equipment

4. Section 4.24 of the Declaration is hereby deleted in its entirety and replaced as follows:


Section 4.24 Energy Conservation Equipment


No windmills, wind generators, or other apparatus for generating power from the wind shall be erected or installed on any Lot. No solar energy collector panels or attendant hardware shall be constructed on any Lot unless it is an integral and harmonious part of the architectural design of a residence as determined in the sole discretion of the Board of Directors. All requests for the installation of solar energy collector panels or attendant hardware must be made to the Board of Directors. In exercising its discretion, the Board of

Directors will give due consideration to the aesthetic affect the panels would have on the general character of the neighborhood, including but not limited to, the visibility of the panels from the street-facing view of the home, and additionally the visibility of such panels from lateral o rear-facing views of the respective neighboring residences.


All Other

In all other respects, Declarant hereby ratifies, confirms and republishes the Declaration.