• November 21, 2008

A. Appeal Body: The appeal body shall be the Board of Directors of the Hidden Valley Foundation. The appeal body shall address unit owners' appeals from decisions denying their applications to the Architecture Control Committee and from notices of violations of Covenants, Policies, and Rules & Regulations.

B. The unit owner shall have the right to file a written notice of appeal with the Executive Director within thirty (30) days of the date of the 1) decision of the Architectural Control Committee, or 2) notice of violation whichever is applicable.

C. The Board of Directors shall hear the appeal at a regularly scheduled meeting. The Executive Director shall mail written notice to all interested parties of the date and time of the appeal hearing. Immediately following the appeal hearing, the Board shall rule by majority vote on the appeal, and the Executive Director shall mail the Board's decision to all interested parties within ten (10) days following the hearing.

D. Following the receipt of the Board's decision, the unit owner shall have, within thirty (30) days following the date of the Board's decision, the right to demand arbitration according to the procedure set forth in thse Rules & Regulations.

• October 19, 1990
• November 21, 2008

• Policy Name: Architectural Control Enforcement
  
  Policy Number: 2
  
  Original Issue Date: Unknown
  
  Revisions:
  February 1987
  May 1987
  March 16, 2006

Purpose: To maintain harmonious aesthetic appeal and thereby protect residential values within the community.

Policy Statement:

The function of the Architectural Control Committee (ACC) is to maintain harmonious aesthetic appeal and thereby protect residential values within the community.

In accordance with covenants recorded with and deeds, all properties are subject to the control of architectural changes (see Article VI; Section I). The covenants anticipated that owners would adhere to this procedure by applying for a permit to cover any exterior alteration. The Hidden Valley Foundation, Inc. has established an Architectural Control Committee to consider all requested changes and decide on approval, disapproval, or conditional approval of each application.

Application

When a resident applies for an Architectural Control Committee Permit prior to construction or modification of a structure, the following procedure will be used.

1. The homeowner obtains a Property Improvement Request from the Foundation office. This can be done by phone, mail, or picking up the form at the office. The form is completed and returned to the office. The Architectural Control Committee will review the application at the earliest opportunity. All plans will be reviewed within 60 days after submission or approval is automatic.
2. The ACC will review the application and return a copy to the homeowner marked approved, approved with modification, or disapproved.
3. If the application is disapproved, the homeowner may appeal to the committee the reasons that their application should be approved. If again disapproved, the homeowner has the option of appealing to the Hidden Valley Foundation Board of Directors.
4. The approved ACC permit must be posted on the outside of the building prior to the beginning of work.
5. All work at Hidden Valley must be done by contractors who are on the Approved Contractor List. To obtain a copy of the list or to have your contractor admitted to the list, contact the Foundation office. Contractors not on the approved list must post a refundable security deposit of $500 or 10% of the job, not to exceed $2,500, whichever is greater, before doing work at Hidden Valley.

Failure to Obtain Permit

Where properties are changed without the express approval of the ACC, or are changed contrary to the terms of approval, or changed without filing for a permit, the following procedures will apply.

1. The process begins with an observation that there has been a violation of the permit procedure. This can be a complaint by a homeowner, an observation by a Board member, or an inspection by a member of the ACC. This may consist of any one of the following.
• Construction of unapproved modification
• Homeowner has been notified that an approval is required and that a violation exists.
2. The ACC or their representative will verify the complaint by making an inspection of the property to see if a violation exists. If the violation exists, the ACC will send a letter to the homeowner informing them of the violation and giving the specific reasons for the violation. The ACC will also include an application form so that the homeowner may reapply for a permit to cover any changes that were due to oversight. A two-week period will be given for a response by the owner.
3. If the response by the homeowner is not forthcoming or is not acceptable, the ACC will request that the homeowner comply with the covenants by a specified date. This compliance may mean removing the addition or the modification.
4. A construction stop will be issued. If there is no response the matter will be turned over to legal counsel for an injunction to stop work and return the property to the original condition.
5. At this point the homeowner may appeal, in writing, to the Foundation Board of Directors for further action.
6. The decision of the Board of Directors is final. If the decision is that there was no violation, the case will be closed. If the decision is that a violation exists, a certified letter will be sent to the homeowner giving a specific date to comply with the Board's decision. If compliance is not accomplished the matter will be turned over to the attorney for legal action. The Board can fine the homeowner up to $100 for doing work without ACC approval.

Submitting a Property Improvement Request

ANY exterior alteration or change, including landscaping, roofs, and outside painting, is subject to ACC approval. Since there is no fee involved in the permit process, all changes and alterations to the exterior, including painting the same color, must have permits.

All property improvement requests must include detailed information when submitted to the ACC for review. The committee must have sufficient information to develop an idea of what the completed construction looks like and how it relates to its surroundings. Examples of these structures which require these details are fences, walls, sheds, garages, solar collectors, chimneys, patios, walkways, room additions, etc.

Applications must include:

1. A plat plan showing where the structure or installation will be located on the property. Indicate all existing structures and modifications made to the home or the property.
2. Front and side elevations showing the changes to the home or property.
3. Plans for construction with scaled drawings showing details of items proposed.
4. Any other information an applicant feels is pertinent to the committee's judgement such as materials, color, landscaping, etc.

New Construction Applications

The ACC guidelines for new home construction are further described in the supplementary declarations entitled "Unimproved Lot Construction and Design Limitations."

Landscaping

All new construction applications and landscaping or re-landscaping of any existing home must include a landscape plan which identifies:

1. The clearing line of trees to be removed for construction purposes.
2. Other trees to be removed within the property lines for reasons other than that directly related to construction. No trees over 3 inches in diameter, measured at a point two feet from the ground, shall be cut or removed from any lot without the prior written consent of the ACC.
3. Landscaping plans will include the location of plant material, type of planting material, caliber of planting material, and quantity of material to be planted. Any landscaping feature such as stone statues, walls, fencing, or walkways should also be reflected on the drawings.
4. Every possible effort should be made to protect and preserve plants and trees during construction operations.
5. Alteration of existing landscaping materials or features that do not significantly change the appearance of the exterior will not require approval by the ACC. For example, substitution of similar plant material on an approved plan or existing location will not necessitate approval.

General Guidelines

Approval by the ACC does not constitute approval or certification of the property as to any matters of title, access, structural soundness of the proposed building or a building permit as may be required by the appropriate governmental agency or body. 

Approval by the ACC constitutes only, and is limited strictly, to a statement of approval compliance with the provisions of Article VI, Section I, of the Declaration of Covenants, Conditions, and Restrictions of Hidden Valley Foundation

Applicant is responsible for adherence to all state/federal codes and all applicable county our township ordinances. All other approvals, including but not limited to building permits are the responsibility of the property owner, and no constructions hall commence or proceed until such approvals, permits, or licenses have been obtained.

The ACC will place a restriction on permits issued for construction or maintenance work. Any permits issued will state that the hours for such activity will be 6:00 AM to 7:00 PM Monday through Saturday.

Policies 8 and 9 follow. These policies were incorporated into the ACC Policy during a board meeting on March 19, 2010.


Construction and Use Policy (Approved May 5, 1987)

1. Policy: It is the policy of the Hidden Valley Foundation in order to maintain stability in the intended atmosphere of the community to establish guidelines for building square footages and intended use and occupancy of homes.
2. Applicability: This policy is applicable to all homeowners.
3. Administration: The Architectural Control Committee and Covenant Control Committee under the supervision of the Board of Directors will jointly administer and enforce this policy.
1. Square Footage: The minimum square footage requirements built on any individual lot shall be at least 1,600 square feet.
2. Building Height: No building shall be constructed in excess of 40 feet in height so as to maintain the harmony of the area and to avoid impeding views of others on adjacent properties.
3. Intended Use & Occupancy: All single-family residential properties shall be used solely by the owners thereof and their guests. No occupancy by renters simultaneously with occupancy by the owners shall be permitted. This policy is based on a concern of the Foundation for public safety fire and health protection. Nothing herein shall be deemed nor shall the same be interpreted to prevent the rental of the entire property by owner.

Any variance to the above policy requires the prior written approval of the Architectural Control Committee.


Suggested Intended Use Policy (Approved February 1987)

1. Policy: It is the policy of the Hidden Valley Foundation, in order to maintain stability in the intended atmosphere of the community, to establish guidelines for minimum and maximum building square footages and intended use of homes.
2. Applicability: This policy is applicable to all homeowners.
3. Administration: The Architectural Control Committee and Covenant Control Committees will jointly administer and enforce this policy.
   1. Harmony of the area
   2. Impeding views of others
   3. Size and location of lot
1. Square Footage: The minimum square footage requirements built on any lot shall be at least 600 square feet. The maximum shall be no greater than ________.
2. Building Height: The Architectural Control Committee will approve or reject the building's height. The decision will employ, but not be limited to, the following considerations.
4. Intended Use: In accordance with the Hidden Valley Foundation, Inc. Declaration of Covenants, Conditions, and Restriction, Article 8, Section 20, no residence in the community shall be used for any purpose other than single-family residential purposes.
5. Exceptions: This policy does not intend to retroactively enforce pre-existent conditions whereby certain seemingly single-family residences have been built or improved in order to accommodate multi-family use. Individuals owning existing multi-family homes will be "grandfathered" under the provisions of this policy, however, it shall be noted that the intention of this section of the policy is to limit the intended use of the property to single-family residence.

Hidden Valley Foundation Architectural Control Committee (Approved March 17, 2006)

On March 17, 2006, the Board of Director of the Hidden Valley Foundation approved the following building materials as suitable for use in building at Hidden Valley.

• Metal Roofs
• Hardy Board
• Hardy Siding

• May 16, 2008

1. On a regularly scheduled basis as determined by the Hidden Valley Foundation (the Foundation or HVF) Board of Directors, the Executive Director shall engage with the Board's approval, an independent consultant or consulting firm with professional expertise in the area of reserve studies to conduct a reserve study. Prior to engaging a firm to conduct the study, the Executive Director shall prepare a request for propsoal outlining the scope of services being requested. The Executive Director shall request a sufficient number of proposals to ensure that at least three proposals are received for completion of the study.
2. Proposals received for completion of the reserve study shall be reviewed by the
   HVF Finance Committee and Maintenance Committee, or a joint sub-committee
   of the two committees, for the purpose of making a recommendation to the Board of Directors regarding the selection of a firm to complete the reserve study. Reserve study proposals will be evaluated for adequacy based upon the
   professional expertise and experience of the firm, cost of the study, ability to
   update the study internally in years when a complete study is not being
   performed, and other factors as deemed appropriate by the aforementioned
   committees and the Board of Directors.
3. Upon approval of the consulting firm selected to complete the reserve study, the Executive Director shall work closely with the firm to complete the study in a reasonable period of time and to ensure that all of the Foundation's existing assets are included within the scope of the study. The study shall be completed during a time period when there is unrestricted access to the Foundation's assets, such as the late spring, summer or early fall, so that the consulting firm can observe the condition of all of the Foundation's assets. The Foundation's Maintenance Supervisor shall provide additional assistance to the consulting firm as needed during the completion of their study.
4. Upon completion of the study, the consulting firm shall provide a draft report and formal presentation of their findings to the Foundation's Finance Committee, Maintenance Committee and its Board of Directors. The draft report shall be provided in advance of the presentation to the members of the aforementioned committees and the Board of Directors. The consultant will be requested to address the questions, comments and concerns of the committees and board members to the fullest extent possible. As a result of the presentation and review of the draft report, the consulting firm shall incorporate any findings, suggested edits, etc. that in their professional judgment should be incorporated into the report and shall revise the report accordingly.
5. The consulting firm shall issue its final report to the HVF Board of Directors.
   Upon acceptance of the final reserve study report, the Executive Director and the Finance Committee shall use this report (and any annual updates as discussed in #7) in the preparation of the annual budget for the Foundation. The Board of Directors and the Maintenance Committee shall use and incorporate this report (and any annual updates as discussed in #7) in the preparation of the annual capital improvements plan for the year(s) until the next reserve study is completed.
6. The Foundation Board of Directors shall establish a regularly scheduled timetable for the completion of reserve studies (e.g., every two years or every three years).
7. The reserve study shall be updated by the independent consultant in those years when a complete study is not performed. The Foundation's Executive Director shall provide information to the independent consultant regarding new asset purchases, retirements, and significant changes in the operating condition of the Foundation's assets on an annual basis. It is strongly recommended that the same independent consultant be utilized to update the original study in the years when a complete study is not performed.
8. The Foundation's Executive Director shall be responsible for ensuring that
   adequate records of the Foundation's assets are maintained, including dates of
   acquisition and a complete maintenance history. This information is essential to
   the preparation of adequate reserve studies.

• November 15, 2019

The check signing procedure will provide HVF management with clear guidelines on the individuals who have check signing authority for HVF, how many signatures are required on checks, and what information is to be provided to check signers to assist them in the process.

1. All checks issued by the HVF, previously approved by the Treasurer or in their absence by the President or a Director designated by the President, shall require the signature of two authorized check All officers of the HVF shall be authorized to sign checks.
2. This procedure applies to all checking, money market, payroll, and any otherdisbursement type accounts maintained by the HVF.
3. Prior to a check being prepared for payment of an invoice, all invoices shall first be approved for payment by the Executive Director of the HVF or other appropriate staff of the Foundation. Additionally, all invoices must be approved for payment by the HVF Treasurer prior to checks being prepared for signature.
4. Check signers shall be provided with an "invoice package" consisting of the
   original check to be signed, vendor invoice (including approval for payment by
   the Executive Director of the HVF), and any related supporting documents (e.g., receiving report or packing slip, purchase order, etc.).
5. HVF management shall address all of the questions raised by the check signer to his/her satisfaction prior to the check signer affixing their signature on the check.
6. For checks being issued in conjunction with a capital project, the "invoice package" discussed in number 4 shall also include the
   Authorization For Capital Expenditure Form evidencing the approval of the project by the HVF Board of Directors (a blank form copy is attached to the procedure).
7. Individuals who are no longer check signers in accordance with this procedure, due to their replacement as officers, directors, etc. of HVF shall be removed as
   authorized check signers as soon as possible after their respective terms have been completed within 14 days at the end of their term.
8. The Treasurer, in conjunction with the Executive Director, of the HVF shall maintain a current listing of all authorized check signers and have it available for review by the HVF Board of Directors or its applicable committees (finance or audit) upon their request.

• May 18, 2018
• October 16, 2020

The general purpose of Committees shall be to function in their areas of specific knowledge and expertise and to make recommendations to the Board of Directors.

Code of Conduct and Ethical Standards: No member of any Committee is to be treated disrespectfully by a Board Member, the Management staff, fellow members of their Committee, or a resident. Furthermore, when serving in their capacity as a Committee member, Homeowners shall be held to fiduciary standards whereby they shall act in the best interest of the Foundation and its members at all times and shall maintain the confidentiality of Foundation information.

Committee Selection Process: Homeowners interested in serving on a Committee  may attend and audit a Committee’s operation as provided in this Policy.  Homeowners wishing to join a Committee shall complete an Volunteer Information Form made available through the Hidden Valley Foundation’s office or the Foundation’s website. The completed Volunteer Information Form will be presented at the next regular meeting of the Board of Directors, who shall review it and decide whether or not to appoint the applicant volunteer to the Committee for which they applied. The Board may consider the volunteer’s experience and education as they might apply to the functions of the Committee. The Board of Directors reserves the right to appoint Committee members to fill vacancies as needed and may approve a Homeowner to a Committee without an application being submitted.

In addition, each Committee Chairperson may report vacancies and the number of available positions to the Executive Director or to the Nominating and Leadership Development Committee at any time during the year as needed.  Such vacancies may be filled at any time during the year by homeowners that complete a Volunteer Information Form and are approved by the Board of Directors.  Such vacancies may be announced in Foundation publications, its website,  at regular Board meetings or the Annual Members Meeting. Annually, each Committee will take responsibility for interviewing their volunteer candidate(s) for Committee membership for the upcoming new calendar year by no later than November 30 and submit a list of the names of proposed members for the coming year to Management to present to the Board by no later than December 31. Committee chairpersons shall ensure that a Volunteer Information Form is on file for each proposed Committee member submitted to the Board.  Once approved, new Committee members will be seated at the first Committee meeting of the calendar year. The Officer positions and Board liaisons will be decided by the Board of Directors at the first meeting in January following the Annual Members Meeting. Committee members appointed by the Board will serve for the duration of the year in which they are appointed.

General Committee and Chair Term Guidelines: Committee chairperson and member terms are to be based on a calendar year and are for a one-year term. A current or former Committee member may serve on a Sub-Committee as approved by the majority of the Committee.

Committee Chair and Member Eligibility: A homeowner, legal entity (corporation), partnership (group of individuals) or private owner(s) that are listed in the property deed are eligible to be a Committee member. An eligible Committee member can also be a current HVF Board of Directors member. If property is owned by a corporation, the corporation can designate no more than one person per property to serve as a Committee member. That designated individual must be an Officer, Director or Shareholder of that corporation.

 Committee members must also be in good standing with the Foundation (i.e. current in all financial obligations to the Foundation and not have his/her membership privileges suspended). Ideally, the Chairperson will have served a minimum of one year as a Committee member. The HVF Executive Director is responsible for determining eligibility and to advise the Board of any discrepancies.

Appointment of Chair and Committee Members: The Board shall approve all Committee chairperson and member positions. The Board will appoint Committee members upon recommendation of the Chairperson.

 Committee Operations: The purpose of the Committees is to stand in an advisory capacity to the Foundation’s Board of Directors concerning the subject matter under the responsibility of the Committee. Committees are appointed by and serve at the pleasure of the Board. All operating issues are the ultimate responsibility of the Foundation’s Board of Directors. Committees shall have no authority to negotiate service contracts, interview potential service providers, direct Management staff or to commit the Foundation to any course of action unless so directed by the entire Board. The Board may consult with the Committees at their discretion, but is not obligated to ask for Committee input prior to acting on any business decision regarding the Foundation’s affairs.

The Board of Directors may appoint a member(s) of the Management staff and a current Board member(s) to serve as a liaison(s) to the Committees in order to assist them in accomplishing their duties. The purpose of the Board liaison(s) for each Committee is to improve and coordinate the flow of information between the Board and Committee.

At no time should the chair of the Committee or members of the Committee direct Management staff to perform a task for the Committee or direct Management staff on how to perform their jobs. If the Committee requires Management staff assistance beyond that provided by the HVF Executive Director, the request should be directed to the Board of Directors who will assign the appropriate Management staff member(s) to support the task/request of the Committee.

Communication: Each Committee Chair will be provided with a Board of Directors approved “Committee Meeting Report” template from the HVF Executive Director. Each Committee is required to complete and submit completed reports to the HVF Executive Director within a week following the last Committee meeting, and the Executive Director will provide copies to the Board of Directors. Such reports must be submitted not later than 5:00 P.M. the Friday preceding the regular Board meeting. Such reports shall also include reports of no action, no meeting or no report given. Committees should prepare informational articles highlighting the Committee activities at least quarterly to be approved by the Board of Directors and then published in the Foundation’s newsletter or on the website.

Members: Each Committee shall consist of a chairman and two (2) or more members and may include a member of the Board of Directors for Board contact, who is not a voting member of the Committee. An odd number of Committee members are preferred for voting purposes and Committee sizes may be determined by each Committee.  Homeowners who have interest in joining or exploring a Committee may attend and audit meetings of that Committee in order to acquaint themselves with the Committee and its operations.  Such homeowners auditing the Committee shall not have voting rights within the Committee until they have completed a Volunteer Information Form and have been approved by the Board to serve on the Committee.

Formation of Sub-Committees/Task Forces: Upon approval of the Board each Committee shall have the power to appoint Sub-Committees from among its membership and may delegate to any such Sub-Committee any of its powers, duties and functions in order to accomplish the work outlined within the scope and/or a special assignment from the Board. In order for a Sub- Committee to exist, no less than one of its members must be a voting member of the Committee they work under. An odd number of Sub-Committee members are preferred for voting purposes.

Meetings: Committees shall generally meet monthly. Committees may meet more or less frequently as needed but shall establish regular meeting times, and schedule meeting room space with the HVF Executive Director. The Committee Chair will provide the HVF Executive Director and Board President, as well as all Committee members, with a copy of the proposed agenda at least three (3) business days prior to the Committee meeting. All meetings will be conducted in open format except when in executive session or when conducting hearings. Homeowners attending a Committee meeting may participate only when asked by the Chairperson or when their designated time has come up in the agenda.

Roberts Rules of Order shall serve as the framework for the way all Foundation meetings are held. Meeting minutes shall be taken by the designated Secretary on the Committee using the “Committee Meeting Report” template. Minutes should be approved by the Committee Members, with copies submitted to the Executive Director, the Chair, Strategic Long Range Planning Committee, and Property Manager for posting to the Foundation website within one week of the meeting. Any action taken in lieu of a formal meeting shall be documented in the minutes of the next meeting

Indemnification of Committee Members: The Foundation shall indemnify each Committee member against all damages and expenses for actions or omissions performed within the scope of their duties as volunteer Committee members except for situations involving willful, wanton or grossly negligent conduct or bad faith. Committee Chairs will maintain copies of all Board approvals of Committee member appointments to ensure liability insurance coverage.

Exhibit A

HIDDEN VALLEY FOUNDATION, INC. SPECIFIC COMMITTEE GUIDELINES

Standing Committees:

The Executive Committee of the Board of Directors shall consist of all Officers. The Executive Committee shall be responsible for executive oversight of the most senior employees of the Foundation, executive oversight of the Management firm (if any), and other significant matters or emergencies requiring immediate action.

1. The Nominating and Leadership Development Committee shall have the duties and functions described in Article VIII and XII of the By-Laws.
2. The Social/Recreation Committee(s) shall advise the Board of Directors on all matters pertaining to the social and recreational programs and activities of the Foundation.
3. The Maintenance Committee shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Community Properties and facilities of the Foundation, and to the exterior maintenance upon the property of the Members as provided for in the Articles of Incorporation and the By-Laws.
4. The Audit Committee shall advise the Board on the selection of the certified public accounting firm appointed to conduct the annual audit of the Foundation's financial statements and advise the Board as to the results of the annual audit. The Committee shall also investigate any financial matters as requested by the Board. Additionally, the Committee shall also conduct random inquiries and inspections of the accounting records to ensure proper adherence to the Foundation's financial policies. The treasurer shall be an ex officio member of the committee.
5. The Finance Committee shall (a) advise the Board on the development of the annual operating and capital budgets; (b) periodically review the investments and reserves of the Foundation and make recommendations to the Board; (c) review all major contracts and financial plans and commitments of the Foundation; and (d) advise the Board as requested on other pertinent financial matters.
6. The Rules and Regulations Committee shall (a) advise the Board of Directors on matters requiring the adoption of rules or regulations for the use and enjoyment of all Community Properties and Facilities of the Foundation; and (b) as requested by the Board, develop and draft rules and regulations for the use and enjoyment of all Community Properties of the Foundation.
7. The Architectural Control Committee shall have the duties and functions described for such Committee in the Declaration of Covenants, Conditions and Restrictions and shall, in addition, be responsible for advising the Board and monitoring any proposals, programs or activities which might affect the value of Residential Properties within Hidden Valley and shall propose action to the Board of Directors as may be appropriate for the Foundation to take on such matters. Except with respect to new development by Developer which has not been transferred to the Foundation for membership, the Architectural Control Committee shall also monitor the construction of new Residential Property for compliance with existing architectural guidelines.
8. The Election Committee shall have the duties and functions described in Article VIII and XII of the By-Laws.
9. The Strategic Long Range Planning Committee, although not a Standing Committee specified in the By-Laws, is a special committee designated by the Board and shall provide the Board of Directors with a vision for the Foundation’s future articulated through a written inventory of strategic priorities, projects, and initiatives that reflect the collective voice of the This Committee may also be tasked by the Board with oversight and reporting on implementation of the Foundation’s Strategic Long Range Plan.

Background

With the growth of the Hidden Valley Foundation (HVF), the HVF has expanded its capabilities to communicate with the homeowners for a variety of purposes including Board governance, operations, services, and various committee activities. The HVF communication outlets include the newsletter, website, bulletin boards, telephones, special meetings, etc. These expanded communications capabilities are being used to encourage communications, between the Foundation to homeowners and vice-versa.

However, with these improvements has come the need for the HVF Policy to set guidelines and procedures to ensure the most effective use of these outletes by the HVF by making these outlets available to the various sanctioned committees and/or HVF staff. From time to time, other groups of homeowners or an individual homeowner may want to communicate information to their fellow homeowners outside of the purview of a sanctioned committee or special group, not unlike what happens regularly now on the HVF website via the communciations logs.

It will be important to ensure, by this new policy, that all communications requests for use in HVF outlets are given a fair opportunity for use, and are deemed appropriate for the kinds of communications epected in the HVF's community. Although more difficult to control, website communications such as the homeowner communications log must also be held to an acceptable community standard.

Policy


The HVF Newsletter is a house organ. It exists for the association to communicate with its members.

All articles for publication in the HVF Newsletter, not pertaining to sanctioned HVF business and/or events, other than "Letters to the Editor," must be approved by the HVF Board of Directors and reviewed by the Executive Director.

With the exception of individual communications via the HVF website communication logs, all requests for use of the Hidden Valley Foundation communication outlets should be submitted to the HVF Executive Director, or his designee, for review and approval. With respect to the use of the HVF website, the Executive Director shall have the authority to set standards, monitor communications, and seek the removal/modification of any communication that does not meet the HVF standards for such communication.

An appeal of any Executive Director decision with respect to a specific communication reurest or on the use of the HVF website may be made to the HVF Board of Directors.

Guidelines

1. All HVF homeowners, including a group of homeowners, should be given the opportunity to use the HVF website for reasonable purposes as long as they don't include:

- Personal attacks against the HVF Board, staff, or another homeowner
- Issues not germane to the on-going functioning of the HVF and the community

2. Communications of a personal opinion nature should be placed int he communications log section of the HVF website or be submitted to the HVF as a "letter to the editor" for possible inclusion in the newsletter pending space availability.

3. Materials for use in the newsletter, e.g., a committee report or community announcement, must be submitted to the Executie Director in a timely manner and in a format of his/her designation.

4. Materials for posting on HVF bulletin board or at other prominant HVF locations, such as counter-tops, windows, or similar surfaces, must be submitted to the Executive Diector for approval prior to use.

5. Materials of candidates for the HVF Board election shall not be used in any of the HVF communication outlets except the special HVF newsletter mailing that goes out to all homeowners prior to the election or if posted by the HVF on the website as an official HVF action.

6. Any homeowner may speak for a reasonable period of time during the "open mic" portion of the HVF Board meetings as long as he/she does not violate the spirit of item 1 above. The HVF Board Chair shall enforce this provision.

7. Appeals of any of the Executive Director's decision regarding the use of the HVF communications outlets should be forwarded to the Board who shall discuss and take action at the next scheduled meeting or at a special meeting called for such purpose, if deemed appropriate by the Board.


Suggested Procedure for #2 Above:

Letters should be limited to 50 words. Letters will be numbered when received. The Executive Director or designee will review the letters to insure compliance with the Foundation guidelines. The number of letters to be published will be determined by space availability in the upcoming newsletter. If space is not available for all approved submissions, the Executive Director will conduct a lottery to determine which letters will be published. Submitters of all letters will be notified promptly of the decisions regarding their submissions.

Procedures and criteria will be developed for other HVF communication outlets.

1. All members of the HVF Board of Directors;
2. Members of any HVF Committee with Board-delegated powers;
3. Affiliates of any of the above;
4. All employees of the HVF; and
5. Any other persons who is "disqualified person" with respect to the HVF as defined in Section 4958(f)(1) of the Iternal Revenue Code of 1986.

• the sale, purchase, lease, or rental of any property or other asset;
• employment, or rendition of services; personal or otherwise;
• the award of any grant, contract, or subcontract;
• the investment or deposit of any funds of the HVF;

• An Interested Party who has an actual or potential conflict of interest with respect to a proposed action or transaction of the association shall not participate in any way in, or be present during, the deliberation or decision making of the HVF with respect to such action or transaction. The Interested Party may, upon request, be available to answer questions or provide material factual information about the proposed action or transaction.
• The Board of Directors shall first determine whether or not an actual conflict of interest exists between the HVF and the Interested Party. If there is no conflict of interest, this policy need not be applied any further in the consideration of the proposed action or transaction.
• If a conflict of interest is determined to exist, the Board of Directors shall consider whether or notthe terms of the propsoed transaction are fair and reasonable to the HVF and whether or not it would be possible, with reasonable effort, to find a more advantageous arrangement with a party or entity that is not an Interested Party.
• The disinterested members of the Board of Directors may approve the proposed actions or transactions with an Interested Party upon finding that would be in the best interests of the HVF.
• Approval by the disinterested members of the Board of Directors shall be by a vote of a majority of the direcots in attendance at a meeting at which a quorum is present. An Interested Party shall not be counted either for purposes of determining whether a quorum is present or for purpose of determining what constitutes a majority vote of directors in attendance.
• The minutes of the meeting shall reflect that the conflict disclosure was made, the vote taken and, where applicable, the abstention from voting and participation by the Interested Party.

• May 16, 2008

A. All members of the Hidden Valley Foundation who are in good standing may request to inspect Hidden Valley Foundation records. All requests to inspect records must be approved either by the President of the Hidden Valley Foundation or by the Executive Director of the Hidden Valley Foundation. This approval authority cannot be delegated. Any denial of such requests must be made in writing.

B. Hidden Valley Foundation records may only be inspected during normal business hours.

C. All requests to inspect Hidden Valley Foundation records must be received in writing 48 hours prior to the proposed date of inspection, must set forth the purpose of the inspection and must identify any and all non-members who will inspect the records together with the member.

D. A staff person of the Hidden Valley Foundation must accompany the member at all times while the member is inspecting Hidden Valley Foundation records.

E. No Hidden Valley Foundation records will be permitted to be removed from the Hidden Valley Foundation office premises. A member may obtain copies of printed Hidden Valley Foundation records and/or copies of electronic records for appropriate fees determined by the Hidden Valley Foundation Board of Directors.

• Make and model of the unit with the manufacturer's information stating maximum decibel level. (The outdoor condenser unit noise output is limited to a maximum of 60 decibels). No application will be considered without this information from the manufacturer.
• A copy of the manufacturer's installation instructions including the noise output decibel.
• The name and contact information of the professional HVAC contractor performing the installation.

Ductless HVAC units may not be installed in front of a home. Depending upon the proposed placement, the ACC may require the homeowner to conceal the unit in some fashion.

Vibration dampening installation will be required if the unit's placement is on a deck where the homeowner submitting the permit shares a deck floor structure with a neighbor.

Ductless HVAC units may not be installed in condominiums.

Policy Name: Election Committee Policy

Policy Number: 36

Original Issue Date: March 19, 2010

Revisions: August 17, 2024


Purpose: To establish a policy and rules of procedure for conduct of the Foundation’s annual Board of Directors election pursuant to the provisions of Article VIII, of the Amended (2019) By-Laws (the “By-Laws”) of Hidden Valley Foundation, Inc. (HVF).


Policy Statement:

1. The Board of Directors shall nominate and appoint not fewer than three HVF members in good standing to each of two election-related committees as specified in the By-Laws cited above, specifically a Nominating and Leadership development Committee and an Election Committee (together, “The Committees”) not later than April 1 each year.

2. The Board of Directors may appoint Board members to chair the Committees or may, at its discretion, delegate chairperson duties to a member in good standing. Membersmay be appointed to serve on one or both Committees. The Chairperson(s) shall supervise all activities of the Committees.

3. The Board of Directors may also appoint or approve additional members to the Committee as needed to support the Committees’ efforts.

4. The Committees shall serve at the Board of Directors’ discretion until new Committees are appointed.

5. In the event the Chairperson is unable to fulfill his/her duties, the Board of Directors shall appoint a new Chairperson.

6. The Nominating and Leadership Development Committee shall be responsible for fulfilling the duties stipulated in ARTICLE VIII, Sections 2 and 3 of the By-Laws. Furthermore, this Committee shall, not later than May 1 of each year, submit to the Board of Directors for its approval an Election Calendar specifying the steps, dates, and sequence of events for communicating the election calendar to members, designating the dates for election-related events, and the timetable for receipt of nominations, distribution of ballots, return of ballots, and counting of ballots by an independent agent.

7. TThe Election Committee shall be responsible for fulfilling the duties stipulated in Article VIII, Section 5 and 6 of the By-Laws.

8. Prior to the printing of balloting materials, the Nominating and Leadership Development Committee may review the content and format of these materials. The HVF staff shall be responsible for printing and timely distribution of the balloting materials according to the Election Calendar approved by the Board of Directors. Members of the Committees may assist the HVF staff in preparing the balloting materials for distribution.

9. As per the By-Laws, the Board of Directors shall have the discretion to direct that ballot be returned directly to an independent agent for verification, validation and final counting, such independent agent to be appointed by the board. That firm will provide the results to the Chairperson of the Election Committee and President of the Board. The independent agent’s count of the ballots is the final count, and those results are final, and the Board must use those final results for determining the outcome of the election. The results of the election are to be communicated to the Foundation membership at its Annual Membership Meeting in November.

10. The HVF staff shall provide the duly appointed independent agent with comprehensive lists of homeowners indicating unit number and the owner’s name, and other such information as needed to enable the independent agent to authenticate the validity of all ballots timely received. In addition, the staff shall provide a confidential list of those units whose assessments are not current and therefore not eligible to vote. Use of such confidential lists is restricted to the validation of ballots. Upon completion of the validation of the ballots, the confidential lists must be deleted from the independent agent’s files.

11. In its designation of an independent agent, who is responsible for receipt and counting of the ballots, the Board of Directors shall issue a Letter of Engagement to the agent, specifying that the validation process consists of checks including, but not limited to, ensuring:

    a. An official ballot envelope has been used;

    b. The unit number appears on the outside of the official ballot envelope;

    c. A signature and printed name appear on the outside of the official ballot envelope and that these are those of the unit owner of the unit's designated agent;

    d. Only one official ballot envelope has been submitted for each unit;

    e. The assessments for the unit are current according to data provided by the staff.

12. All ballot envelopes determined to be invalid with respect to such checks shall not be opened and shall be stored for a period to be determined by the Board of Directors.

13. Proxy forms are validated and counted. The total count of valid proxy forms received is verified, recorded, and provided to the HVF staff.

14. Results of the voting shall be recorded from highest to lowest number of votes received. Candidates receiving the highest number of votes will be designated for open Board seats until all open seats in the election have been filled. Vote tallies for each candidate shall be held in confidence by the President of Board of Directors and the Election Committee. In the event of a tie, lots shall be drawn by the candidates who are tied at the time that all ballots are counted.

15. The Chairperson or another full member of the Election Committee shall present a report at the annual meeting outlining the balloting process and announcing the names of the candidates who have been elected to the Board of Directors.

16. The independent agent shall be responsible for packing and securely storing all balloting materials received and created during the balloting process including but not limited to, ballot envelopes, ballots, and proxy forms (both valid and invalid), validation lists, and tally sheets for a term to be established by the Board of Directors. Any homeowner desiring to review the results of the election would do this by contacting the independent agent and making an appointment to review the results under their direct supervision.

• February 21, 1992
• November 21, 2008
• October 3, 2019

The Hidden Valley Foundation will reimburse expenditures incurred by all Hidden Valley Foundation employees and members of Foundation approved committees for authorized expenses upon completion of the following procedures:

A. All requests for reimbursement of expenses incurred by Foundation employees or committee members must be submitted on the applicable Hidden Valley Foundation Reimbursement Request or applicable management company reimbursement request form.

B. The completed Reimbursement Request Form must include the date, reason for the expenditure, and purpose for which the expenditures were incurred. Original receipts for the expenses must be attached.

C. All completed requests for reimbursement of expenses, with attached receipts, are to be submitted to the Accounting Department for processing. Checks issued for reimbursement are subject to the Check Signing policy.

D. Estimated costs for authorized meetings, seminars and conferences shall be submitted for Board of Directors’ approval prior to the date of the event.

E. Whenever possible, authorized purchases should be made with the Foundation’s credit card and the Accounting Department shall be provided with the original receipts.

F. In the event that cash is required for an immediate authorized expense, the Accounting Department will provide funds from the petty cash fund. Immediately upon completion of the purchase, the original receipt or other supporting documentation must be provided to the Accounting Department along with any remaining funds from the purchase.

G. The petty cash fund amount on hand will be $300.00 secured at the Foundation office. A separate petty cash fund of $500.00 will be made available at the beginning of the pool season for the snack shop start up fund. The petty cash fund is replenished by the issuance of a check that has followed the Check Signing policy.

• November 18, 2008
• November 20, 2009
• May 15, 2020

A. Discharge of firearms of any kind of use of explosive devices (including, but not limited to fireworks or similar devices) is not permitted.

B. The recreational discharge of weapons of any type is not permitted. A weapon for the purposes of this policy, shall be defined to include guns, fireworks, and explosive devices and shall also include an air rifle, air pistol, spring gun, spring pistol, BB gun, bow and arrow, or similar device or any implement not a firearm but which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm.

C. Hunting and recreational trapping on all common and private property within the Hidden Valley Foundation Community is prohibited in accordance with the Commonwealth of Pennsylvania's State Hunting regulations.

D. Violations of this rule are subject to fines as approved by the Hidden Valley Foundation Board of Directors.

E. Violations may also be reported to the appropriate authorities, including but not limited to the Pennsylvania State Police and the Pennsylvania State Game Commission where applicable.

• March 17, 1987
• June 16, 1995
• December 3, 2011
• January 20, 2012
• September 16, 2016

• Short-term operating funds- The Foundation's short-term operating funds shall be inested in a manner to ensure liquidity to meet the daily operating needs of the Foundation and shall not be exposed tot he risk of principal due to market value fluctuations. The funds shall be invested in cash, certificates of deposit, money market accounts (see further definition in the "Asset Allocation Section") and short-term full faith and credit obligations of the United States Government (e.g., U.S Treasury securities) with maturities of one year or less.
• Long-term reserve replacement fund- The Foundation's long-term fund shall be invested in a manner to provide income and principal for future capital needs. The funds shall be invested in a mix of high-quality equities, certificates of deposit, fixed-income securities, and mutual funds (see further definition in the "Asset Allocation section" following).

Asset Class                                                      Target Allocation                    Range

Cash, Bank Money Market Accounts                         60%                             40 – 70%

Bank Certificates of Deposits or U.S.

 Treasury Securities                                                      40%                             30 – 50%


The following allocation of assets shall serve as the guideline for the long-term reserve replacement funds:

Asset Class                                            Target Allocation                    Range

Equity Securities                                           35%                             15 – 45%

Fixed Income Securities                              60%                             50 – 70%

Cash                                                                  5%                               0 – 15%


The asset allocation policy reflects the nature of the funds, and can only be changed based upon the recommendation of the Finance Committee and approval of the Board. The actual asset allocation will fluctuate with market conditions and can be re-balanced within the minimum and maximum ranges as needed. The portfolio of investment holdings should be re-balanced at least annually, but not more than on a quarterly basis.

The total portfolio of short-term and long-term funds shall be invested subject to the overall allocation percentages: no more than 60% of the total portfolio may be invested in "at risk" investments (defined as non-FDIC insured investments or non- U.S Government Treasury Securities); the remaining 40% (at a minimum) of the total portfolio shall be invested in "non-risk" investments (defined as FDIC insured or U.S Government Treasury Securities).

Investment Guidelines
The Foundation's short-term and long-term funds shall only be invested in the following types of investments:

1. Full-faith and credit obligations of the United States Government (e.g., U.S Treasury securities).

2. Certificates of deposit- held with insured financial institutions who are members of the FDIC. At no time shall the total amount of certificates of deposit held by the Foundation with one financial institution exceed the FDIC insurance limit in effect at that time.

3. Money market funds- held with insured financial institutions who are members of the FDIC that maintain a constant per share valuations (e.g., $1.00/unit). At no time shall the total amount of money market funds held by the Foundation with one financial institution exceed the FDIC insurance limit in effect at that time.

4. Equity securities- shall include high-quality common and/or preferred stocks of U.S corporations that are readily marketable. This may also include mutual funds and exchange traded funds consisting of holdings of U.S corporations. Stocks of non-domestic corporations recommended by the Foundation's investment managers may also be purchased but their individual fair value cannot exceed 3% of the total value of all equity securities.

5. Fixed-income securities- shall be comprised of U.S Treasuries, agencies of the United States Government, domestic corporations, and domestic financial institutions that are readily marketable and deemed to be investment grade as determined by the lower of Standard & Poor's or Moody's ratings. This may also include mutual funds and exchange traded funds consisting of holdings of U.S corporations.

Diversification
The equity and fixed income investments should be well-diversified to avoid undue exposure toa ny single economic sector, industry, or single security. No more than 5% of the total market value of the long-term funds may be ivnested in the securities of any one issuer (whether equities or fixed income securities); however, this may be increased to 10% in the case of U.S Government Securities or its Agencies. Investment manager(s) may suggest to the committee additional investment opportunities not specifically covered by this policy in order to take advantage of specific market conditions.

Prohibited Investments
The following investments are specifically prohibited:
- Short sales
- Margin or other borrowings
- Options; however, covered calls may be utilized in a very conservative manner
- Derivatives
- Hedge funds
- Commodities
- Crypto currencies

Investment Manager
The Foundation shall utilize the services of a professional investment manager(s) to assist it in the management of its short- and long-term funds. The Committee shall make recommendations to the Board for the retention or termination of investment mangers, consultants, and financial institutions. Recommendations shall be based upon a thorough evaluation by the Committee of appropriate candidates and shall represent the Committee's best judgement as to the optimal choice to meet the needs of the Foundation. The Committee shall closely monitor the performance of any investment managers and consultants. Investment mangers and consultants shall be required to provide the following infomation on a monthly basis:

- Statement of security holdings and related asset values
- Monthly and year-to-date transaction report, including all purchases, sales, income received and expenses for the month and year-to-date period.

Additionally, the investment manager(s) and consultants shall be required to provide the following information to the Committee on a routine basis, but no less than quarterly:

- Statement of security holdings and related asset values
- Statement of ivestment return for the period, including all sources of income (dividends, interest, capital gains, etc.)
- Communication concerning investment strategies, performance against benchmark indices and current market conditions

Policy 11
Most Recent Revision Adopted by the Board of Directors
February 17, 2023

• November 21, 2008

A. The deductible under the Hidden Valley Foundation's commercial property insurance policy on the buildings and common areas recoverable entirely by the Foundation from the owner(s) of the unit(s) where the loss originated.

B. In all other circumstances, the deductible shall be paid by the Foundation and assessed as the common expense.

• February 1990
• March 17, 1995
• May 19, 1995
• March 19, 1999
• March 2007
• May 16, 2008

• Cut the grass on an established cycle and trim around borders
• Mulch the major areas and around trees
• Trim large trees and shurbs on an as needed basis
• Replace damaged and defective trees and shurbs as funds allow.

• Single family homes receive no landscaping services.

• Cut the grass on an established cycle and trim around boarders
• Mulch the major areas and around trees
• Trim large trees and shrubs on an as needed basis
• Replace damaged and defective trees and shrubs as funds allow.

• Cut the grass on an established cycle and trim around borders
• Mulch the major areas and around trees
• Trim large trees and shrubs on an ass needed basis
• Replace damage and defective trees and shrubs as funds allow

• March 20, 2009
• March 18, 2011
• February 15, 2012

• For those homeowners desiring to speak during the initial members' time, a sign-in sheet will be available beginning one-half hour prior to the commencement of members' time.

• Other written or electronic forms of communications with the Board prior to the Board meeting are encouraged.

• The President will call the names of homeowners to speak in the order in which they signed in. If time permits, the President may invite other homeowners in attendance to speak.

• Homeowners shall have one opportunity of up to three (3) minutes to ask questions, make comments, or provide their input. It is recommended that the homeowner write out his/her comments prior to the meeting.

• If information is available, the Board will attempt to respond to homeowners' questions, comments, or input. This Board response would not be part of the homeowner's three (3) minute speaking period. However, if the Board is unable to respond at that time, the homeowner will receive a response by telephone or in writing within thirty (30) days or at the next Board meeting.

• Homeowners shall limit their questions, comments, or input under members' time to matter pertaining to the Foundation.

• Questions, comments, or input made during members' time and the additional tie period preceding new business shall not be a part of the regular business of the Board meeting and will not be included as part of the Board minnutes.

• Seperate records and notes of questions or comments made during members' time and the additional tiem period preceding new business may be maintained and may be published.

1. A Class A Board of Directors shall appoint a three member Nominating Committee in accordance with the by-law cited above no later than September.
2. The Chairperson, which shall be a Class A Director, shall supervise all activities of the Nominating Committee. The Chairperson or any other member of the Nominating Committee may not be running for a Board position.
3. The Nominating Committee shall make as many nominations as they deem necessary to fill the vacant positions. Nominations may be made from both Hidden Valley Foundation members and non-members.
4. The Nominating Committee shall try to select nominees representative of each of the following: single family detached homes, condominiums, and townhomes.
5. The Nominating Committee shall solicit potential nominees through various means that they deem necessary, including but not limited to the use of application forms sent to Hidden Valley Foundation members. The Chairman of the Nominating Committee must review and approve all materials prior to the publication or communication of any such materials regarding the solicitation of nominees.
6. All applications must be submitted to the Chairman of the Nominating Committee. Applications must be received in a form an dby the time and date determined by the Nominating Committee.
7. The Nominating Committee shall provide the names of the nominees to the Election Comittee in a timely manner, consistent with the required mailings for the Annual Meeting.
8. The Nominating Committee shall serve at the Board of Directors' discretion until anew Nominating Committee is appointed.

Policy Name: Noxious/Offensive Activity and Disruptive Noise

Policy Number: 48

Original Issue Date: July 20, 2024

Revisions:


Objective: To define procedures for enforcement of failure to comply with certain conduct.


Policy Statement:

CC&R Article VIII, Section 12 provides that:

No noxious or offensive activity shall be conducted within the Highlands, nor shall anything be permitted to be done therein which may be or may become an annoyance or nuisance to theresidents of the Highlands.*

Unit Owner and Resident House Rules Handbook Section III Quiet Hours states:

No party (contractors, homeowners, renters, or guests) may engage in any construction related activity from the hours of 7 PM to 6 AM, Monday through Saturday, or at any time on Sunday without the express permission from the Foundation Office.

No party (homeowners, renters, or guests) may conduct any activity causing disruptive noise from the hours of 9 PM to 7 AM, Monday through Sunday.

Parties and gatherings are as to be toned down no later than 11 PM as many homes are in close proximity and in some cases separated only by a common wall.

ENFORCEMENT:

Unit owners are responsible for any violation of the above provisions including those attributable to guests or tenants.

The following procedure is provided for in the Uniform Enforcement Policy:

1. The unit owner will receive a written warning from the Executive Director of the Foundation for the first violation.

2. A second violation shall be subject to a $100.00 fine.

3. Each additional incident shall be subject to a $100.00 fine.

*The Highlands is the legal definition of all properties in the Hidden Valley community as provided for in the Covenants, Conditions and Restrictions, Articles I and II.

• May 15, 2020
• August 21, 2020
• January 21, 2022

1.  Condominium
   1. In accordance with the Highlands, South Ridge and Summit Village Condominium Associations’ Terms, Covenants, Conditions and Restrictions, if the premises includes a terrace as a limited Common Element, such terrace shall not be used for cooking of any kind or type whatsoever. Balcony, Deck and Cement Patios are inclusive in the definition as a limited Common Element.
   2. No Grill used for cooking shall be stored on a terrace, a limited Common Element, since their usage is prohibited.
   3. In accordance with the Highlands, South Ridge and Summit Village Condominium Associations’ Terms, Covenants, Conditions and Restrictions, there shall be no cooking of any kind or type whatsoever outdoors or in any portion of the Common Elements. Grills used for cooking, heating or any other purpose must not be ignited or used on any community common property.
2. Zero Lot Line Adjoining Townhomes - Defined as residential row house property in which the structure comes up to, or very near to, the edge of the property line and it is attached to another dwelling.
   1. No Grills used for cooking, heating, or any other purpose shall be used under any overhanging portion or within 3 feet of any structure. It is recommended that Grills are placed on a fire retardant mat if used on wood or composite deck materials.
   2. Grills used for cooking, heating or any other purpose must not be ignited or used on any community common property.
   3. Residents whose Townhome includes ownership of land must adhere to all guidelines set forth in this section, specifically the 3-foot distance from structures.
   4. Smoke and odors from Grills should not impede or prohibit neighboring residents from their right to peaceful enjoyment of their property.
   5. It is recommended that Grills are placed on a fire retardant mat if used on wood or composite deck materials.
3. Zero Lot Line Freestanding Townhomes- Defined as residential property in which the structure comes up to, or very near to, the edge of the property line. Garden homes and patio homes are all types of properties that may be zero lot-line homes. They may be a single story or multistory single-family dwelling.
   1. No Grills used for cooking, heating, or any other purpose shall be used under any overhanging portion or within 3 feet of any structure. It is recommended that Grills are placed on a fire retardant mat if used on wood or composite deck materials.
   2. Grills used for cooking, heating or any other purpose must not be ignited or used on any community common property.
   3. Residents whose Townhome includes ownership of land must adhere to all guidelines set forth in this section of the policy, specifically the 3-foot distance from structures.
   4. Smoke and odors from Grills should not impede or prohibit neighboring residents from their right to peaceful enjoyment of their property.
4. Single Family Homes
   1. Use of Grills on decks and patios of single-family homes is at the discretion of the private homeowner. It is recommended for single family homeowners to follow the guidelines set forth by the International Fire Code. It is recommended that Grills are placed on a fire retardant mat if used on wood or composite deck materials.
   2. Smoke and odors from Grills should not impede or prohibit neighboring residents from their right to peaceful enjoyment of their property.
   3. Grills used for cooking, heating or any other purpose must not be ignited or used on any community common property.
5. Enforcement
   1. The communities of Hidden Valley are located in wooded areas and forest fires are a serious concern. This policy will be strictly enforced. Violations of this policy may result in the assessment of a fine. The Foundation may, in its discretion, but is not obligated to, issue a warning for a first minor offense. Failure or refusal to cure a violation of this policy will result in the assessment of additional fines for each day that the violation continues. In addition, the Foundation may, in its discretion, remove and impound the grill until any assessed fines are paid in full.
   2. Failure to remove grill stored on common property of the community shall result in the assessment of a fine which shall continue on a daily basis until the grill is removed or relocated on private property.
   3. Fines shall be as set forth in Exhibit C to Policy Number 18, Uniform Enforcement Policy, as the same may be amended from time to time.

• May 15, 2020
• January 21, 2022

1. On the ground fires and dug in the ground fire pits are prohibited.
2. No fires are permitted on or under decks.
3. On private property, outdoor wood fires are only permitted in outdoor fireplaces, contained fire pits (built or portable) and Chimineas. The fire pit container must be a minimum of 12 inches high but not greater than 24 inches. The diameter may not be greater than 3 feet. Fire pits shall be used in accordance with the manufacturer’s instructions Only seasoned firewood can be burned.
4. Wood burning devices must not be operated under any overhanging structure or vegetation or within ten feet of a structure, combustible material, or vegetation to prevent brush fires. Fire screens are strongly recommended to help contain sparks and flames.
5. On private property, outdoor propane gas fires are only permitted in outdoor contained fire pits (open flame devices). Those fire pits shall be used in accordance with the manufacturer’s instructions and must not be operated under any overhanging structure or vegetation or within five feet of a structure or combustible material.
6. Outdoor fires of any type, wood burning or propane gas fires on private property must be constantly attended by an adult until the fire is extinguished. In the case of a wood fire, a portable fire extinguisher or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose must be available for immediate utilization.
7. “Tiki” type torches or any similar open flame devices are prohibited to be used under balconies, overhanging structures and vegetation.
8. Outdoor wood fires on private property are prohibited when atmospheric conditions or local circumstances make such fires hazardous. Please refer to https://www.dcnr.pa.gov/Communities/Wildfire/BurnBans/Pages/default.aspx for updates on Burn Bans for Pennsylvania.
9. Smoke and odors from outdoor fires should not impede or prohibit neighboring residents from their right to peaceful enjoyment of their property.
10. The communities of Hidden Valley are in wooded areas and forest fires are a critical concern. This policy will be strictly enforced. Violations of this policy may result in the assessment of a fine. The Foundation may, in its discretion, but is not obligated to, issue a warning for a first minor offense. Failure or refusal to cure a violation of this policy will result in the assessment of additional fines for each day that the violation continues. In addition, the Foundation may, in its discretion, remove and impound the outdoor fire pit or open flame device until any assessed fines are paid in full.
11. Fines shall be as set forth in Exhibit C to Policy Number 18, Uniform Enforcement Policy, as the same may be amended from time to time.

• March 20, 2009
• November 15, 2019
• March 19, 1999
• August 21, 2020 

TION I: EMERGENCY TOWING POLICY

1. No vehicle may park on any roadway or parking lot in such a manner as to block or otherwise obstruct entrances to walkways, walking trails, driveways and cart ways or any public access way. Vehicles shall not be parked in fire lanes, impede the normal flow of traffic, block any sidewalk or mailbox, block any dumpster, extend into the street, or prevent ingress and egress of any other vehicle to adjacent parking spaces or the open roadway (each, a “public access way”). Any vehicle (i) parked in a designated fire lane, (ii) sidewalk, (iii) impeding access to sidewalk ramps or mailboxes, (iv) extending into street, (v) constituting a safety hazard, or (vi) whose security system has been triggered and left unattended for more than fifteen (15) minutes, shall be subject to immediate removal without notification to the owner of the vehicle. At the discretion of the Foundation, if it is determined that the illegally parked vehicle does not pose an immediate safety hazard, the following procedure may be followed:

(a) An attempt to reach vehicle owner through ski area paging system, during ski season, or other public paging system.

(b) Attempt to reach vehicle owner by a door-to-door inquiry within a reasonable distance of vehicle location. For purposes of this Section, “a reasonable distance” shall mean a distance of not more than 150 feet in either direction of the subject vehicle.

(c) If owner cannot be reached within a reasonable period of time (1/2 hour), the Foundation shall call the towing contractor. The offending vehicle will be removed from Hidden Valley property to the towing contractor’s impound lot.

(d) The Foundation will leave an "emergency vehicle access" towing form on vehicle which explains the action taken and further informs vehicle owner that he/she will have to pay all towing and storage fees assessed by the towing contractor for the towing fee in addition to any fines assessed by the Hidden Valley Foundation(Form Attached).

2. Allied Universal Security Services (or any successor security service), the Foundation’s security service, shall maintain at its offices a list of all vehicles towed and shall notify law enforcement of the action taken, with a description of the vehicle and the location from which it was towed, and the address of the impound lot in the event that the owner reports the vehicle as stolen.

SECTION II: PARKING RULES AND REGULATION

1. No vehicle may park on any roadway or parking lot in such a manner as to block or otherwise obstruct public access ways, including entrances to walkways, walking trails, driveways and cart ways or any other public access way. Vehicles shall not be parked so as to impede the normal flow of traffic, block any sidewalk or mailbox, block any dumpster, extend into the street, or prevent ingress and egress of any other vehicle to adjacent parking spaces or the open roadway. Any vehicles found to be blocking a public access way shall be assessed a fine of $100.00 per day until moved from the street, and shall be subject to towing at the owner’s expense at all times.
2. Vehicles shall not be parked in fire lanes On-street parking is prohibited on the following streets which serve as fire lanes:

Imperial Road

Lake Road

Lakeview Road

Ridgeview Drive

Summit Drive

Hightop Drive

Any vehicles found to be parked along the any portion of the above referenced streets and roadways shall be assessed a fine of $100.00 per day until moved from the street, and shall be subject to towing at the owner’s expense at all times.

3. Parking is prohibited on the grass throughout Hidden Valley, including the grass of the common property and residential properties. No parking shall be permitted other than on the existing paved driveway or designated spaces within common areas. Cars parked in driveways shall be parked in such a manner as to not impede sidewalks or extend beyond driveways into the roadway. Any vehicles found to be parked in the grass of any residential property or community property shall be assessed a fine of $100.00 per day until moved to an appropriate parking spot.
4. Pursuant to Article VII, Section 16 of the Declaration of Covenants, Conditions and Restrictions of The Hidden Valley Foundation, no unlicensed vehicles normally requiring licenses or undrivable vehicles of any kind shall be permitted to remain overnight on any part of a residential property or on the community properties. For purposes of this Section 4, “unlicensed vehicle” means any vehicle that is not currently registered with a state department of motor vehicles and without current registration plates and/or tags properly displayed. For purposes of this Section 4, an “undrivable vehicle” is a vehicle in a condition so as not to be currently moveable under its own power, or under major repair or overhauling. Owners of unlicensed vehicles or undrivable vehicles found on any residential property or on community property will be given a notice to remove the offending vehicle within twenty-four hours. Failure or refusal to remove the offending vehicle will result in the assessment of a fine of $100.00 for each day that the offending vehicle remains on a residential property or community property. In addition, unlicensed vehicles or undrivable vehicles found parked on any street or roadway or any parking lot within Hidden Valley are subject to towing at the owner’s expense without notice to the owners.
5. No commercial vehicle(s), or vehicle(s) in excess of 5,000 pounds, are to be parked within the Hidden Valley Community or permitted to remain on any residential property or community property overnight. The only exceptions to this is a delivery type truck or van making a short-term pickup or delivery during daylight hours or a repair/maintenance truck on the property for repairs during daylight hours only. For the purpose of these Parking Rules, Commercial vehicle(s) are defined as those that:

(a) Display a clearly visible commercial logo and/or designation (such as name/location/phone number).

(b) Appear to be commercial from their size, shape and appearance. Examples include but are not limited to: exterior visible ladders, ladder racks, obvious shelving inside visible from outside – that has parts or equipment on them, and/or splashed paint of various colors on vehicle.

(c) In the event that residents are making repairs or renovations to their property requiring the presence on their property of contractor(s)’s vehicles, residents shall notify the Foundation of the dates the work is to be done, along with the names of the contractor(s) and a description of their vehicles to request permission for the presence of such vehicles for the duration of the work.

(d) Commercial vehicles or vehicles in excess of 5,000 pounds which are parked overnight on any residential property, community property or street are subject to daily fines of $100.00 for each day on which they remain parked on any residential property, community property or street. Commercial vehicles or vehicles in excess of 5,000 pounds which are parked overnight on any street are subject to towing at the owner’s expense.

6. Snowmobiles are not permitted to be parked on any residential property, community property or street and must be garaged. Pursuant to Article VII, Section 15 of the Declaration of Covenants, Conditions and Restrictions of The Hidden Valley Foundation, snowmobiles must be stored in an appropriate, closed building. For purposes of this Section 6, an appropriate closed building is one with four walls, a roof and an access door which can be fully closed and secured. Carports, covered or uncovered patios, or open-ended structures are not appropriate, closed buildings. Snowmobiles which are not properly stored by their owners are subject to the assessment of fines of $100.00 for each day on which the snowmobile was observed to be improperly stored. Notwithstanding the forgoing, a snowmobile that is properly secured to a trailer that is parked on a residential property or community property pursuant to a valid trailer permit issued in accordance with Section XX herein above, shall not be subject to the assessment of fines provided that the owner complies with all provisions of the trailer permit.
7. Golf Carts are to be operated and parked in the same manner as licensed, motorized vehicles. Golf carts which are not properly parked by their owners are subject to the assessment of fines of $100.00 for each day on which the golf cart was observed to be improperly parked. Golf Carts that are parked in a manner so as to violate this policy are subject to towing and impounding.
8. Pursuant to Article VII, Section 15 of the Declaration of Covenants , Conditions and Restrictions of The Hidden Valley Foundation, Boats of any type are not permitted to remain overnight on any part of a residential property or any community property. Boats which are found to be improperly stored on any residential property or community property are subject to the assessment of fines of $100.00 for each day on which the boat was observed to be improperly stored. Notwithstanding the forgoing, a boat that is properly secured to a trailer that is parked on a residential property or community property pursuant to a valid trailer permit issued in accordance with Section 10 herein below, shall not be subject to the assessment of fines provided that the owner complies with all provisions of the trailer permit. Boats that are parked or stored in a manner so as to violate this policy are subject to towing and impounding.
9. Pursuant to Article VII, Section 15 of the Declaration of Covenants , Conditions and Restrictions of The Hidden Valley Foundation, motor homes and similar recreational vehicles (“RVs”), campers, pop-up trailers and similar sleeper vehicles (collectively referred to herein as “Campers”) may not be parked and occupied on any street or parking lot within Hidden Valley. Campers are not permitted to remain overnight on any part of a residential property or any community property. Campers which are found to be improperly parked on any residential property or community property are subject to the assessment of fines of $100.00 for each day on which the Camper was observed to be improperly parked and are subject to towing and impounding. Notwithstanding the forgoing, a Camper that is parked on a residential property or community property pursuant to a valid trailer permit issued in accordance with Section II, Paragraph 10 herein below, shall not be subject to the assessment of fines or towing provided that the owner complies with all provisions of the trailer permit.
10. Residents who wish to temporarily store a snowmobile trailer, motorcycle trailer, boat trailer, or Camper or similar trailer on their residential property may contact the Foundation no less than forty-eight (48) hours prior to the date on which the storage is to begin to request a Trailer Permit. Trailer Permits may be issued by the Foundation for a period not to exceed one week. Snowmobiles, motorcycles and boats on such trailers must be properly secured at all times while the trailer in located on the residential property. If the trailer remains on the residential property beyond the expiration date of the Trailer Permit, the property owner is subject to fines of $100.00 per day for each day that the trailer remains on the property beyond the date permitted by the Trailer Permit and are subject to towing and impounding.
11. TOWNHOMES, ZERO LOT LINE HOMES AND CONDOMINIUMS ONLY:

(a) Parking for Townhomes, Zero Lot Line Homes and Condominiums is provided in common parking areas for each neighborhood. Parking spaces are not assigned to any particular dwelling unit. All parking is on a first-come, first serve basis. Residents of Townhomes and Zero Lot Line Homes are not guaranteed parking in front of their units.

(b) Each Townhome, Zero Lot Line Home or Condominium Unit may have no more than two (2) vehicles in Hidden Valley. For purposes of this limitation, a “vehicle” is (i) a licensed/registered motorized vehicle such as an automobile, truck, sport utility/crossover vehicle, passenger van, cargo van, or two (2) or three (3) wheeled motor cycle or other vehicle which can be legally operated on public roads and streets in the Commonwealth of Pennsylvania or (ii) a golf cart. If it is determined that the owner or resident (including all other persons residing in the same unit) of a Townhome, Zero Lot Line Home or Condominium have more than two (2) vehicles parked on community property, any one (1) of the three (3) vehicles is subject to the assessment of a fine of $100.00 for each day that the offending vehicle remains on community property and is subject to towing at the owner’s expense.

(c) Pursuant to Section II-4 above, Owners of unlicensed vehicles or undrivable vehicles found on any community property will be given a notice to remove the offending vehicle within twenty-four hours. Failure or refusal to remove the offending vehicle will result in the assessment of a fine of $100.00 for each day that the offending vehicle remains on a residential property or community property. In addition, unlicensed vehicles or undrivable vehicles found parked in parking lot within Hidden Valley are subject to towing at the owner’s expense without notice to the owners.

(d) In the event that owner of Townhomes, Zero Lot Line Homes or Condominiums will have weekend guests who may require a temporary permit to park on community property, the resident may contact the Foundation no less than forty-eight (48) hours prior to the date on which the guest parking is to begin to request a Guest Parking Permit. Guest Parking Permits may be issued by the Foundation for a period not to exceed three (3) days. If vehicle remains on community property beyond the expiration date of the Guest Parking Permit, the property owner is subject to fines of $100.00 per day for each day that the vehicle remains on the property beyond the date permitted by the Guest Parking Permit and the offending vehicle will be subject to towing and impounding at the owner’s expense.

(e) The Foundation reserves the right at any time to require the use of window stickers, placards, mirror hangers or other means of identifying vehicles owned by residents of Townhomes, Zero Lot Line Homes and Condominiums permitted to be parked in parking lots on community property.

SECTION III: ENFORCEMENT.

1. Violation of any of these rules shall be reason for towing the vehicle at the expense of the owner, with no further notification necessarily given to the vehicle owner/driver.
2. The Foundation shall have the authority to contract with a private towing company for the purpose of enforcement of this policy. Only the towing company under contract with the Association shall be authorized to perform any towing and impounding of vehicles for the enforcement of this policy.
3. The owner(s) of any vehicle removed by the towing company under the provisions of this Policy shall be responsible for all towing fees and storage/impound charges assessed by the towing company and shall also be responsible for any fines assessed by the Foundation.
4. Property owners and/or residents are solely responsible for advising their family members, guests, tenants or invitees of this policy and restrictions. Property owners and/or residents shall be responsible for the payment of any fines assessed against their tenants, invitees or guests.
5. Enforcement with respect to any violation of this Policy may be as a result of a written complaint from a resident or from the observation of a violation by an employee or officer of the Foundation or its manager.

1. This policy applies to all Common and Controlled facilities as shown in Addendum A, however, it does not apply to Zero Lot Line homes, Single-Family homes, or the Condominium Associations. Addendum A will be reviewed and updated every 5 years without changes to the rest of the policy.
2. The entire townhouse building must be painted/stained at the same time; this means that the entire building should be completed within the same ninety (90) day period, and in the same painting season.
3. Coordination with your neighbors is needed to paint simultaneously. Assistance from the Foundation Office can be obtained for this purpose.
4. Sherwin-Williams, the recommended product, offers a warranty on the paint if the specifications are complied with.  Sherwin Williams Emerald paint – satin finish offers a seven-year warranty; Sherwin Williams Duration paint – satin finish offers a five-year warranty if overseen by the Professional Oversight program available to Foundation members.
5. Sherwin-Williams products do not have to be used but if another brand of high quality exterior latex paint or stain is used, it must match the designated color and finish.  Such products must be approved by the ACC.
6. An application for an ACC Permit must be submitted for your project.  Work cannot commence until a permit is in place.
7. If your unit needs exterior maintenance prior to the new painting cycle listed below, you are permitted to maintain your property; however, you will be required to paint with the new color scheme in the time period designated.  Again, you must apply for an ACC Permit.  Work cannot commence until a permit is in place.
8. Ongoing painting and exterior maintenance will be required on a 3-5-year basis. Inspections will be routinely conducted by Foundation staff.
9. Homeowners that don’t comply with the paint/stain policy will be charged a $500 administrative service fee along with the cost of paint or stain and materials and labor for the Foundation to have the unit painted.
10. Decks will be defined as the entire deck structure to include in place bench seating, deck balustrades, cap rails, rail posts, stair treads, risers, stringers, ring posts, anchor posts, and deck surface. Decks as defined shall be one color.  The deck paint or stain will be Spicewood Brown.  The entire deck construction will be of a pressure treated wood or wood plastic composite.  No other material shall be used.  If wood plastic is used it must be of a comparable color to Spicewood Brown and installed per manufacturers’ directions/instructions. Privacy walls shall be the same color as the siding.  Privacy wall trim shall be the same color as the trim.

1. A Sherwin-Williams Representative must be notified no less than 1 weekprior to painting to complete a pre-paint inspection.
2. Any/all bare or new boards must receive 1 full coat application on the entire substrate area including back priming and end priming using Sherwin-Williams Y24W8020 Exterior Oil-Based Wood Primer. Refer to product data page 109.31 for product and application information.
3. Areas to be coated must be washed to remove all dirt, mold, mildew, and foreign contaminates. Any/all mold and mildew must be removed: If there is the appearance of dirt even after washing, chances are there is mildew on the surface. Scrub with a solution of one-part bleach and three- parts water. (Wear rubber gloves and eye protection.) Allow to stand on the surface for 10 minutes, then rinse thoroughly. Repeat as necessary. Allow the surface to dry for 48 hours before painting.
4. All loose or peeling paint must be scraped/wire-brushed and sanded to feather-edge the old coating. This practice will eliminate "air-pockets" under the old coating and give a clean solid substrate. Refer to step 2 for bare wood to be spot primed with Sherwin-Williams Y24W8020 Exterior Oil-Based Wood Primer*after scraping/sanding.
5. Any areas where there is loose or failing caulking must be removed and reinstalled. Solar Seal 900 is required for repairing old joints or new replaced boards. The sealant depth should be ¾" for joints ¾'' in width. For joints over ¾" in width, depth should be half of the joint width but should not exceed ½" in depth. In order to obtain the recommended sealant mass, the joint should be filled with backer rod first, leaving the depth to be filled with sealant
6. One coat of Sherwin-Williams Duration Exterior Acrylic Latex Coating* is to be applied by brush. If this product is applied by spray, it must be back brushed to achieve consistent film build. This product must be applied at a rate of 250 sq. ft/gallon 5.3-7.0 mils wet; 2.2-2.6 mils dry film thickness.

   *refer to product data page 102.14 for product and application information.

7. Entry Doors must be "clean, dry, and dull" before a full coat of Sherwin-Williams Solo Exterior Coating* or Sherwin-Williams Resilience Exterior Coating* is applied.

   *refer to product data page 101.86 or 102.07 for product and application information.

8. A Sherwin-Williams Representative must be notified within 3 days of completion of the building repainting to schedule a final inspection. Application of products must follow manufacturers product data relating to application, temperatures, coverage rates, dry times, etc.

• August 21, 1998
• November 21, 2008

Policy Name: Pet Control Policy (Formerly Dog Control Policy)

Policy Number: 33

Original Issue Date: Unknown

Revisions:

• March 20, 2009

• November 15, 2019

• August 21, 2020

• November 17, 2023

Purpose: The purpose of the Pet Control Policy is to minimize potential altercations between and among animals, animal owners and the general population and to encourage responsible animal ownership. This policy is adopted pursuant to Article VIII, Section B of the Hidden Valley Covenants which states: “No animals, livestock or poultry of any kind shall be kept or maintained within the communities comprising The Hidden Valley Foundation, except that not more than two (2) household pets such as dogs and cats may be kept or maintained on the property of a private dwelling unit, provided they are not kept or maintained for a commercial purpose.”


Policy Statement:

1. Pets are not permitted to run freely throughout the community. Any pet must be on a leash and under the control of the owner or handler when on common property. Failure to control pets will result in the assessment of fines.

2. Pet owners may use leads, pens, fencing (including electronic fences) to secure the pet on private property when the pet is not in the presence of the owner or handler.

3. The Highlands, South Ridge and Summit Village Condominiums are common property. Pets must be kept indoors unless accompanied by the owner or handler.

4. All dogs three months of age or older must be licensed and have current inoculations.  Pet owners shall present documentation of license and inoculations upon request by the Foundation.  Failure to maintain inoculations or to license your pet will result in the assessment of fines.

5. Dog owners are responsible for cleaning up and disposing of pet waste. Failure or refusal to clean up and dispose of pet waste will result in the assessment of fines. Pet waste is not to be disposed of in storm sewers.

6. Pet owners are responsible and liable for any damages, including bodily injuries, which may be caused by their pet and indemnify Hidden Valley Foundation against all claims for damages and cost of expenses and attorney fees. 

7. Act 46 of 1990 and Act 65 of 1991, known as the Pennsylvania “Dangerous Dog Law” overrides all local regulations relating to dangerous dogs.

8. Owners of pets are expected to address and rectify any reasonable complaints or concerns regarding the behavior of their pet.

9. Feeding wild animals or feral cats will result in the assessment of fines.

10. Fines shall be as set forth in Exhibit C to Policy Number 18, Uniform Enforement Policy, as the same my be amended from time to time. Repeated violations are subject to continuing fines. Repeated failure or refusal to comply with Foundation pet rules will result in a report being filed with the State Dog Warden. Repeated violations will require that the pet be permanently removed from the property. If the owner does not comply, the State Dog Warden will be contacted for removal of the pet.

Policy Name: Pool Policy

Policy Number: 44

Original Issue Date: June 20, 2018

Revisions:

⦁    March 15, 2019
⦁    August 21, 2020
⦁    May 21, 2022
⦁    August 29, 2022
⦁    April 19, 2024

PURPOSE: 
The purpose of the Pool Policy is to set forth the rules and procedures for the safe operation of the Hidden Valley Foundation Inc. swimming pools. The term Pools is the total area inside the fencing surrounding the swimming pools.

POLICY STATEMENT:

Rules

The swimming pools owned and operated by the Hidden Valley Foundation, Inc. (the “Foundation”) are private pools maintained for the use and enjoyment by residents of Hidden Valley and their guests. The swimming pools are not open to the public. The following rules may be changed with the approval of the Foundation’s Board of Directors. Individuals who violate the following Rules of the Foundation shall be subject to the penalties set forth under PART III – Enforcement.

ENFORCEMENT of this Policy.
PART I: POOL ACCESS RESTRICTIONS AND REQUIREMENTS

1.    Pool visitors of the Hidden Valley South Ridge and Highlands Swimming Pools (the “Pool or Pools”) may include unit owners, renters, guests of unit owners and guests of renters. Unit owners are deemed to have transferred all their amenity privileges of the property to their renters. Individuals who are renting hotel rooms at Hidden Valley Resort Inn may not use the Pools unless they are guests of a renter or unit owner.

2.    The number of Pool visitors cannot exceed more than ten (10) people per Hidden Valley residential unit at any given time. Unit owners must inform renters of this limitation.

3.    Unit owners and/or renters must be present during the time their guest(s) are at the Pools and are responsible for their guests’ conduct and compliance with the Pool Policy at all times. Unit owners are responsible for ensuring renters and guests receive and review a copy of the Pool Policy. 

4.     Entry into the premises of the Pools is conditional upon: 

⦁    Signing the Foundation Waiver and Acknowledgement Form prior to entry
⦁    Signing the attendance sheet 
⦁    Unit owners presenting their Foundation ID card
⦁    Renters obtaining a temporary pool pass from the Foundation’s pool staff by providing proof of a rental agreement
⦁    Children twelve (12) years and under must be accompanied by an adult (18 years or older)

5.    The Foundation will not be responsible for any money or property loss sustained by members or their guests or renters when using the Pool.

6.    Only owners in good standing may use the Pools. Unit owners who have a delinquent account or unresolved rules violations will not be permitted to access the Pools. Renters and guests of such unit owners will not be permitted to access the Pools.

7.    Everyone must shower at home or use the outdoor shower before entering pool water.

PART II: CONDUCT ON POOL PREMISES

1.    Any behavior that interferes with the safe operation of the Pools including, but not limited to:

a.    Harassment of the lifeguards and all other Foundation staff
b.    Failure to comply with instruction by the lifeguards, Pool Manager and Executive Director of the Foundation
c.    Drug use, fighting, intoxication, or indecent or immoral conduct 

will result in the immediate loss of  pool privileges as described in Part III – Enforcement, Point 2.

2.    Conditions on use of the Pools are as follows:

a.    Swimming is permitted only during the posted pool hours and when a lifeguard is on duty.
b.    Exiting the pool at the end of the scheduled pool hours or when asked to do so by the lifeguards, Pool Manager, security guards or other Foundation personnel.
c.    Exiting the pool in the event of an emergency, signaled by three (3) blasts from the lifeguard’s whistle.

Hours of operation are posted weekly but may change due to staffing, weather, mechanical or other issues. Anyone not abiding by these conditions will be subject to Part III – Enforcement and will be treated as a trespasser subject to law enforcement.

3.    All Pool visitors entering the swimming pool water must wear proper swimming attire as determined by the lifeguards or Pool Manager on duty.

4.    All children twelve (12) years of age and under must have adult (someone over 18 years of age) supervision at all times. Adult supervision does not mean supervision of the child by Pool staff or lifeguards. Additionally, any children younger than five (5) years of age must be accompanied by the responsible adult when using the bathroom facilities.

5.    Admission to the Pools is forbidden, at the discretion of the lifeguards or Pool Manager, to anyone wearing bandages, or with skin abrasions, colds, coughs, extremely inflamed eyes, open sores, infections, excessive sunburn, nasal or ear discharge, or other symptoms which are determined by pool management to be potentially detrimental to the health of others or themselves.

6.    It is in the best interest of all pool patrons to ensure that the pools are operated in a safe and sanitary manner.  In order to avoid incidents in which the pools would have to be closed for cleaning or chemical treatment due to unsanitary conditions, all patrons shall adhere to the following requirements:

a.    Parents are responsible for their children and therefore should use swim diapers as needed to avoid any accidents in the pool that would require closure in order to restore the pool to a safe and sanitary condition for use.  
b.    Individuals who experience incontinence or related conditions should use judgment in using the pools and wear appropriate attire to avoid a situation that would require closing the pools in order to treat and rectify the situation.

If an individual, their family members, guests, or renters causes an incident in the pools that require the pools to be closed in order to treat the situation, the individual or family shall be warned for the first and only offense.  In the event that a second offense or more shall occur, that homeowner shall be fined $350 to cover the cleaning costs.  After three repeat offenses in the same summer, violators shall be suspended from use of both the South Ridge Center and Highlands pools for the remainder of the summer. In the event that the offense is committed by an individual who is a renter, the homeowner renting their property shall be fined in accordance with this section.  Diaper changing on the swimming pool deck is NOT permitted.

7.    The lifeguards and Pool Manager have the authority to close a pool and vacate all persons from the pool deck area if the health and safety of the members are endangered. The pool will remain vacated until the condition is corrected.

8.    Diving, flipping, or jumping backwards into the pool is NOT permitted. 

9.    Running or dangerous play is NOT permitted on the pool decks or in the swimming pool.

10.    Floatation devices or rafts of any kind are not permitted in the pool, except for child safety floatation devices approved by the US Coast Guard. Masks, fins, and other swimming aids are not permitted unless authorized by the lifeguards.

11.    Sitting, standing, or hanging on lane lines is prohibited. Pool visitors are expected to be courteous when entering the lap lanes while in use by others.

12.    Swallowing or spitting swimming pool water is prohibited. 

13.    Intentional hyperventilation or extended breath holding activities are dangerous and prohibited.

14.    NO GLASS of any kind is permitted in the pool enclosure including beverage containers and facemasks with glass lenses. No food or drink, including alcohol, is permitted within 3 feet of the Pool.

15.    Pets are NOT permitted in the Pools or around the fenced pool area. Only a registered service animal is allowed on the Pools premises with proof of registration.

16.    Smoking, smokeless tobacco products, vaping, and chewing gum is prohibited in the fenced pool area. 

17.    Private parties are not permitted at the pool.

18.    Homeowners, renters, and guests are expected to keep the swimming pool and deck areas clean. Garbage cans are located throughout the swimming pool area and should be used to dispose of any trash.

19.    All injuries occurring on the premises of the Pools must be immediately reported to the Pool Manager or head lifeguard on duty. Owners, renters, guests, or guardian of a minor must sign an incident report.

PART III: ENFORCEMENT

1.    The lifeguards, pool manager, security officers or Foundation management personnel are given full authority to enforce all Pool rules as needed to maintain the safety of visitors to the Swimming Pools.  Appropriate behavior and cooperation is expected by all visitors.

2.    Violation of the following rules by any unit owner, renter or guest will result in immediate loss of pool privileges for the season:

a.    Trespassing on pool property when the pool is closed.
b.    Failure to vacate the pool property in an emergency or at the pool closing.
c.    Dangerous or offensive conduct that interferes with the safe operation of the pools.

If the Pool Manager, head lifeguard on duty, or the Executive Director determines that there is a violation of these rules, the individual shall be immediately escorted off the Pool premises by a security officer or law enforcement.

3.    ANYONE not following other rules while at the Pools will be given warnings as follows:

⦁    1st Offense out of the pool for 30 minutes or expelled for the day at the discretion of the pool management
⦁    2nd Offense out of the pool for one week
⦁    3rd Offense out of the pool for the remainder of the season

i.    An offender, who was previously suspended for any reason, may return the following year. The first offense in the new year will result in suspension for the remainder of the season.
ii.    The Pool Manager must report all violations to the Executive Director.
iii.    If under 18 years of age, the parent must be notified for each offense. Parents and guardians shall be held responsible and subject to the enforcement actions described in this policy for the actions of their minor children, as if the parent or guardian committed the violation of the Rule.

4.    Any Unit owner whose renter or guest violates a Rule shall receive a written warning from the Foundation’s Executive Director. Any Unit owner who receives two (2) written warnings from the Executive Director shall have his or her guest and/or renter pool privileges suspended for a thirty (30) day probationary period. Any further violations will result in loss of pool access for the remainder of the season.

5.    Offenders may appeal. The appeal must be in writing and submitted to the Board of Directors and the Executive Director. Within ten (10) days of the receipt of an appeal, the Executive Committee of the Board of Directors shall consider the appeal and issue a final written decision.

ADDENDUM
PUBLIC HEALTH EMERGENCY RESPONSE POOL POLICY Name: Pool Policy

When a public health emergency requires specific measures, the Board reserves the right to issue additional rules.

• September 18, 2021

The bid and subsequent contract should specify the following if applicable:

1. PA statutory minimum limit for Workman’s Compensation
2. General Liability and Auto insurance with minimum limits applicable to the contract
3. Liquidated Damages to be assessed at the Foundation’s discretion based on the nature of the proposal
4. Binding arbitration to be used to settle disputes with arbitration costs borne by each party 

The Foundation may consider a Performance Bond for contracts over $250,000.00.

The Hidden Valley Foundation Board of Directors by Motion will award the contract. All contracts should be signed by the Hidden Valley Foundation President. For all contracts below $50,000, the Executive Director must sign off on any change order that totals 10% of the overall project budget. For all contracts $50,000 and higher, the Executive Director must sign off on any change order that totals 5% of the overall budget. Any change order that exceeds these limits must be approved by the Hidden Valley Foundation President.

Final payment to a contractor will not be made until:

1. Written verification is received from the Foundation’s engineer or other professional qualified to make the determination that the work was performed in accordance with contract specifications.
2. A Release of Lien Letter or similar legal instrument has been provided by a bonding company (if one was used) or a contractor or subcontractor who used employees or provided materials for the work required by the contract.

If the Foundation utilizes the services of an engineering firm, that firm will prepare the bid specifications and contract documents. The engineering firm will also verify in writing that the work was performed in accordance with contract specifications or identify what work remains incomplete pursuant to the terms of the contract.  

1. The unit number and street address
2. Brief description of the property
3. Listing price
4. Name and contact phone number of broker or homeowner.

• May 16, 2008

Administration
It is the responsibility of the Executive Director to administer this program.

Retention Schedule for Hidden Valley Foundation, Inc.

NAME OF FILE                         CURRENT FILE                    STORAGE

Annual Reports                            Two years                          Permanently

Articles of Incorporation               Two years                          Permanently

As Built Specifications-                 Permanently   

            Plans

Assessment Information              One year                            Seven years

Assessment Status                      One year                            Seven years

Bank Reconciliations                    One year                            Three years

Budget                                       One year                            Permanently

Cancelled Checks and                  One year                            Seven years

            Bank Statements

Cash Disbursement Journal         One year                             Permanently

Cash Receipts Journal                 One year                             Permanently

Certificates of Insurance             One year                             Seven years

Committee Reports                    One year                             Three years

Contracts                                  One year                             Seven years

Correspondence-General            One year                             Three years

            Matters

Correspondence-Legal               One year                              Permanently

            and Contract

Declarations                             Permanently

Deeds                                      Permanently

Duplicate Deposit Tickets          One year                               Three years

Employee Applications              One year                               One year

Employee Files-Separated         One year                               Seven years

Federal Income Tax Returns      Three years                           Permanently

Financial Statements-               One year                              Seven years

Monthly

            General Ledger            One year                               Permanently

            General Journal           One year                               Permanently

Identification Numbers             Permanently

       Federal and State       

       Insurance Policies             One year                                Seven years

       Insurance Claims-Open        ----                                     Until settled

       Insurance Claims-Settled   One year                                Seven years

      Investments-Statements    One year                                 Seven years

       Closed Passbooks       

       Invoices from Suppliers     One year                                 Seven years

       Leases-Unexpired                 ----                                     Until expired

       Leases- Expired                Seven years

       Legal files-Open Matters    Until closed

       Legal files-Closed Matters  One year                                 Permanently

       Lists-Mailing, etc.             One year

       Management Notices        One year                                  Three years

       Minutes-Board of Directors    One year                              Permanently

       Newsletters                     One year                                  Three years

       Payroll Records                One year                                  Seven years

       Plat of Survey                  Permanently

Proposals                               One year                                  Seven years

      Real Estate Tax Statements    One year                             Seven years

      Rules and Regulations         Permanently

      State Income Tax Returns   Three years                             Permanently

      Unemployment Taxes-        Three years                             Permanently

      State and Federal       

      Warranties-Unexpired             ----                                     Until expired

      Warranties-Expired             Seven years                            

      Witholding Tax Returns-      Three years                             Permanently

      State and Federal

• May 16, 2008
• January 16, 2009
• September 20, 2019

Any person who issues a check that is returned to the Foundation for non-sufficient funds or other reason will be subject to a service charge for each occurrence equal to the amounts charged by the bank and others (e.g. management company) to the Hidden Valley Foundation for the returned check.

A. For each check deposited in a Foundation bank account and returned by the bank for any reason, the Foundation will automatically charge the member’s account $35.00 plus all bank fees and any related service fees charged to the Hidden Valley Foundation by the bank and other parties.

B. The charge will be invoiced to the homeowner through the Foundation’s normal billing process.

C. In the event the face amount of the check plus service charges and fees are not paid to the Hidden Valley Foundation within 10 days from the date of invoice, the Hidden Valley Foundation reserves the right to prosecute to the fullest extent of the law.

A sign must be posted in a conspicuous area on the Hidden Valley Foundation’s premises stating that there is a service charge equal to the current amount charged by the bank and other parties to the Hidden Valley Foundation for depositing a returned check.


Sample Posting:
___________________________________________________________________

NOTICE

There will be a service charge of $35.00 plus all bank service fees and any other costs charged by the bank and others to the Hidden Valley Foundation and others for all returned checks.

HVFI 5/2008

Date Posted ____/____/____
___________________________________________________________________

• March 14, 2008

1. Highlands Road and Gardner Road
2. Hightop and Gardner (Top of Ski Slope) Road
3. Gardner Road and Highland Drive (Base of Hill)
4. Bottom of Imperial Road

1. Street and sidewalk permit
2. Details and implementations of the resolution

• March 17, 1989
• June 21, 1991
• March 19, 1999
• May 16, 2008
• August 21, 2020

• August 24, 2007
• September 16, 2011
• October 11, 2011
• October 16, 2020

• Plow all roads as needed to keep roads passable (but NOT clear) for vehicular traffic.
• Salt and/or Anti-Skid will be applied to those specific areas as delineated on the Road Traction Control Map as approved by the Board. Snow pack should be expected on most roads and lots.
• Plow parking areas at six (6) or more inches of accumulated snow.
• Priority will be given to main roads, secondary roads, and parking lots, in that order.
• Common area pathways (walking pathways adjacent to roads) will be shoveled as time and manpower permit.

• Single famiy homes receive no snow removal service, other than roadways.

• Shovel one path up the driveway in order to access the sidewalk, once daily, when snow accumulates to six (6) inches or more.
• Shovel sidewalks, once daily, when snow accumulates to six (6) inches or more.
• Zero Lot Driveways will not be plowed.

• Shovel sidewalks, once daily, when snow accumulates to six (6) inches or more.
• Snow shoveling will occur any time from Monday to Sunday between the hours of 7a.m. to 7p.m. on a rotation basis.
• Ends of driveways will be opened as time and manpower permit.
• Ice will be handled at the discretion of the Foundation.

POLICY NAME: UNIFORM ENFORCEMENT POLICY

POLICY NUMBER: 18

ORIGINAL ISSUE DATE: July 19, 1991

REVISED:
November 21, 2008

May 13, 2021

May 18, 2024

June 15, 2024

August 17, 2024

BACKGROUND:

The Hidden Valley Foundation (the “Association”) has the right to enforce the Association’s Governing Documents (as defined below) pursuant to the Declaration of Conditions, Covenants and Restrictions, as the same shall be amended and supplemented from time to time (the “CC&R”). The term “Governing Documents” means the CC&R, the Foundation’s Articles of Incorporation, as amended, the Foundation’s Second Amended and Restated Bylaws, as amended (the “Bylaws), Policies applicable to Members and residential dwellings within the Hidden Valley Communities, and such Rules and Regulations as may be adopted from time to time by the Foundation’s Board of Directors. The right to enforce the Governing Documents includes requesting that persons violating any of the provisions of the Governing Documents to cease the offending action, specially assessing the violator, fining the violator, and taking legal action against the violator.

Article IX, Section 1(d) of the Foundation’s Bylaws provides that the Board of Directorsshall have the power to establish, levy, assess and collect the assessments or charges referred to in Article III and Article IX, Section 2(e) of the Bylaws. Article IX, Section 1(e) of the Bylaws provides that the Board of Directors shall have the power to adopt and publish rules and regulations governing the use of the Community Properties and facilities and the personal conduct of the Members and their guests thereon and to establish, levy, assess and collect penalties for any violations thereof. Article IX, Section 2(e) of the Bylaws provides that the Foundation shall have the power to fix the amount of The assessment or charge against each Residential Property for each assessment period at least thirty (30) days in advance of such date or period and, at the same time, send written notice of each assessment or charge to every Owner subject thereto, all as otherwise more fully provided for in the Bylaws or the CC&R.

Article III, Section 7 of the Foundation’s Bylaws provides that the membership rights of any person whose interest in the Foundation is subject to assessments or charges, may be suspended by action of the Board of Directors during the period when the assessments remain unpaid; but, upon payment of such assessments, his rights and privileges shall be automatically restored. If the Directors have adopted and published rules and regulations governing the use of the Community Properties and facilities, and the personal conduct of any person thereon, as provided for in the Bylaws, the Directors may in their discretion, suspend the rights of any such person for violation of such rules and regulations until such time as the violation ends.

PURPOSE:

The Purpose of this policy is to provide for a uniform procedure for (i) investigating and resolving allegations of violations by a Member(s) of the Foundation’s Governing Documents; and (ii) the assessing of fines and other penalties for violations that remain uncured after applicable grace periods.

POLICY STATEMENT:

A. Violations of the Governing Documents shall be reported to the Executive Director of the Foundation. Members who rent or lease their properties shall be responsible for any violations committed by their tenants. Allegations of violations may be reported by Members, employees of the Foundation or by contractors providing services to the Foundation.

B. As applicable, upon the receipt of an allegation of a violation of the Governing Documents, the Executive Director shall conduct an investigation of the merits of the allegation by (i) studying the applicable covenant, policy, rule or regulation; (ii) examine the circumstances and any related Security Incident reports and as necessary the site of the alleged violation; and (iii) as necessary interview the complainant, the alleged violator, employees of the Foundation, the Chair of the Architectural Control Committee or any other person who could provide information, evidence or advice regarding the circumstances of the alleged violation. Upon completion of the above, the Executive Director shall confirm whether a violation of the Governing Documents has occurred.

C. If the Executive Director has determined that no violation has occurred, he or she shall notify the complainant of such finding in writing and place a copy of such finding, together with all materials reviewed and notes regarding the investigation in the files of the Foundation.

D. If the Executive Director has determined that a violation has occurred, he or she shall notify the violator in writing of the finding of a violation of the Governing Documents.

(i) The letter shall state the nature of the violation and (a) the action required to be taken to correct the violation or (b) state the amount of any fine assessed or other disciplinary action to be taken. Such a letter shall be sent via email and/or to the violator’s most recent address on file with the Foundation’s office.

(ii) In the case of a first offense, the Executive Director shall have the discretion, but not the obligation, to issue a warning instructing the violator to cease and desist the actions that violate the Governing Documents without assessing a fine or other penalty. Warning will be issued on a case-by-case basis depending on the severity of the offense.

(iii) The Foundation shall provide a response form substantially in the form attached hereto as EXHIBIT A with the notice of violation. The violator shall have thirty (30) calendar days to respond to the finding of a violation and (a) appeal the finding to the Board; or (b) acknowledge the violation and pay any fine assessed. If the violator does not respond to the notice of violation within thirty (30) calendar days, the finding of the violation shall be deemed to be conclusive, and all fines will not be able to be appealed.

E. If a violator requests an appeal of the finding, the Board of Directors will take up the matter at the next scheduled meeting of the Board where the Board shall review the finding by the Executive Director and the evidence submitted by the violator. The Board will then make a final decision on the matter. Any daily fines assessed by the Executive Director shall continue to accrue unless the violation has been addressed by the violator and evidence showing the same has been submitted with the appeal. If the notice of violation is upheld, all fines assessed will be immediately due and payable. In the event

that the violation continues to be uncured, daily fines will continue to accrue.

F. Penalties for violations of any of the Governing Documents may be in the form of a requirement to immediately cease and desist from such activity, the assessment of a fine, or the suspension of Member privileges. The penalties for violation of the Governing Documents is set forth on EXHIBIT B attached hereto and incorporated herein by reference.

G. Any fines that remain unpaid after the time for appeal has expired will become a lien against the Member’s property and legal action by the Foundation to collect such unpaid fines may result. The Member shall be responsible for all fines, accrued charges, legal fees and costs of collection incurred by the Foundation.

H. The Foundation reserves the right to make any fine assessed for a continuing violation a continuing fine which will be assessed until the violation is corrected. Additional notices of violations are not required for the levying of continuing fines in the same amount. For example, a fine of $25 per day is assessed for a violation. The violator does not act to correct the violation for twenty (20) days, the assessment shall be $25 for each day that the violation continued, or $500.00.

Policy Name: Unit Rental

Policy Number: 40

Original Issue Date: January 19, 2018

Revisions: August 17, 2024

Purpose: To establish a Rental Policy, inclusive of rules and regulations governing unit rentals and conforming the interests of homeowners who rent their units to third parties and the interests of those homeowners who choose not to engage in third-party rentals. This policy shall apply to rentals of all duration.

AUTHORITY: Hidden Valley Foundation Bylaws (“Bylaws”), Articles IX and Article III, Section 7; Hidden Valley Foundation Conditions, Covenants and Restrictions, (“CC&Rs”) Article VIII, Section 20 and Article VIII, Section 12.

Policy Statement: For purposes of this policy, no rentals are permitted for less than a three (3) day/two (2) night stay e.g., Tenant arrives Friday and departs on Sunday or later with a minimum of two overnight stays.

Rules Governing Unit Rentals:

1. Hidden Valley Homeowners (“HVH or” HVHs”) shall inform Tenants that the rental property is in a Homeowners Association (HOA) not a resort. Tenants are obliged to adhere to the rules of the HOA.

2. HVHs shall provide Tenants with a copy of the current Unit Owner and Resident House Rules Handbook (“House Rules Handbook”) and affix the brief summary of the rules on the refrigerator. It is recommended that HVHs who rent require each Tenant to sign an acknowledgment in the form attached confirming that they have received a copy of the House Rules Handbook provided by the unit owner or include in the rental agreement an obligation to adhere to the rules in the House Rules Handbook.

3. HVH are responsible for the conduct of their Tenants, their Tenants’ pets, and their Tenants’ guests at all times. In the event that a Tenant is determined to have violated any of the Foundation Rules and Regulations as included in the House Rules Handbook, the unit owner shall be responsible for payment of all fines and penalties that are assessed as a result of a Tenant’s conduct.

4. Fines and Penalties for violations by a Tenant of an HVH:

1st Offense-$250.00 Fine

2nd Offense-$500.00 Fine

3rd Offense, or any subsequent

Offense-$1,000.00 fine and shall result in suspension of the Homeowner’s right to rent its unit for a period of 30 days

The foregoing fines and penalties shall be assessed against the unit owner, regardless of whether the same Tenant engages in the offense.

If the homeowner is found to have rented a unit during a period of suspension, a fine of $1,000.00 shall be assessed against the unit owner. If the Foundation becomes aware of this violation, the thirty-day suspension period will reset and run from the date that the violation is confirmed by the Foundation. Homeowner’s access to Foundation amenities, i.e., swimming pools, tennis and pickleball courts, pavilion, etc. shall also be suspended during the period of the suspension.

5. All fines assessed that remain unpaid will be subject to the Foundation’s normal collection process which shall include the assessment of finance charges, and all additional fees and costs incurred by the Foundation as part of the collection process.

6. If the Pennsylvania State Police are called for any violation or misconduct, all fines shall be increased by $250.00, and in the event that the Pennsylvania State Police are called for a third offense, the period of suspension shall be increased by 15 days.

7.In the event that a Tenant is found to have engaged in criminal conduct of any kind, the Foundation and/or Security shall refer such activity to the Pennsylvania State Police for action. The HVH will be notified and will be required to terminate their rental agreement with a Tenant immediately.

8. If a HVH has received a Notice of Violation from the Foundation for a property condition of any type, such as moss on siding, deteriorating siding/roof, failure to paint, broken windows, etc., that property will not be permitted to be rented until the condition is remediated and signed off by the Foundation Office as completed.

9. Unit keys or code access relating to unit rentals must be managed directly by the homeowner. The Foundation office will not issue keys to Tenants.

10. Owners who rent their units should also be aware that they may be subject to the County of Somerset Hotel Room Rental Tax, which applies to all transient rentals (i.e., rentals of less than 30 days). Further information can be obtained from the Somerset County Treasurer’s Office website.

11. If a unit owner who has previously been fined incurs no additional fines within a subsequent 365-day period, the fine schedule shall revert to that which is stipulated in point #4 of this policy.

• July 25, 2008
• November 21, 2008