HomeMy WebLinkAboutCovenants and Restrictions, 4.16.14 draftDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR: Gray Oaks Subdivision
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, ( "Declaration ") is made
this _ day of , 2014, by GRAY OAKS OF CARMEL, LLC, an Indiana Limited Liability
Company (hereinafter referred to as the "Developer ").
Recitals
Developer is the owner of the real estate shown and described herein in Exhibit "A" attached hereto and
made a part hereof (the "Real Estate ").
Developer intends to subdivide the Real Estate into residential lots.
Before so subdividing the Real Estate, Developer desires to subject the Real Estate to certain rights,
privileges, covenants, conditions, restrictions, easements, assessments, charges and liens for the purpose of
preserving and protecting the value and desirability of the Real Estate for the benefit of each owner of any part
thereof.
This Development shall be known and designated as Gray Oaks, a development in Hamilton County,
Indiana (hereinafter referred to as the "Development "). All streets shown and not heretofore dedicated are
hereby dedicated to the public. All private drives shown on Plat (as defined hereinafter below) shall remain
private.
Developer further desires to create an organization to which shall be delegated and assigned the powers
of maintaining and administering the common areas and certain other areas of the Real Estate and of
administering and enforcing the covenants and restrictions contained in this Declaration and the Plat Covenants
and Restrictions for Real Estate (the "Plat ") as hereafter recorded in the office of the Recorder of Hamilton
County, Indiana and of collecting and disbursing the assessments and charges as herein provided.
NOW, THEREFORE, Developer hereby declares that the Real Estate is and shall be acquired, held,
transferred, sold, hypothecated, leased, rented, improved, used and occupied subject to the following provisions,
agreements, covenants, conditions, restrictions, easements, assessments, charges and liens, each of which shall
run with the land and be binding upon, and inure to the benefit of, Developer and any other person or entity
hereafter acquiring or having any right, title or interest in or to the Real Estate or any part thereof.
ARTICLE I
DEFINITIONS
The following terms, when used in this Declaration with initial capital letters, shall have the following
respective meanings:
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A. "Applicable Date" shall mean the date of the first meeting of the members of the Association occurring
on or after the first of the following 1) Developer relinquishes it's power to appoint the Board of
Directors or 2) Developer no longer owns any of the Lots in Gray Oaks.
B. "Architectural Control Committee" shall mean the Gray Oaks Architectural Control Committee
established pursuant to Article II of this Declaration.
C. "Association" shall mean the Gray Oaks Property Homeowners Association, Inc., An Indiana not -for-
profit corporation, the membership and powers of which are more fully described in Article IV herein
and in the Association's By -Laws and Articles of Incorporation which are incorporated herein by this
reference.
D. "Builder(s)" shall mean one who acquires a Lot directly from the developer for the purpose of building
a single family dwelling on it for immediate re -sale of Lot and dwelling together.
E. `By- Laws" shall mean the written Code of By -Laws of Gray Oaks.
F. "Common Areas" shall mean means (i) all portions of the Real Estate (including improvements thereto)
shown on any Plat of a part of the Real Estate which are not located on Lots and which are not
dedicated to the public and (ii) all facilities, structures, buildings, improvements and personal property
owned or leased by the Association from time to time. Common areas may be located within a public
right -of -way or in an easement area as shown on the Plat and include areas designed for the mutual use
and enjoyment of all Lot Owners of Gray Oaks.
G. "Common Expense(s)" means (i) expense(s) of and in connection with the maintenance, repair or
replacement of the Common Areas and the performance of the responsibilities and duties of the
Association, including (without limitation) expenses for the improvement, maintenance or repair of the
improvements, lawn, foliage and landscaping not located on a Lot except for lawn maintenance as
described herein, (unless located on an Easement located on a Lot to the extent the Association deems it
necessary to maintain such easement) (ii) expenses of and in connection with the maintenance, repair or
continuation of the drainage facilities located within and upon the Easements, (iii) expenses of and in
connection with the operation, maintenance, repair or continuation of a private sanitary sewer system
within or upon the Real Estate (iii) all judgments, liens and valid claims against the Association, (iv) all
expenses incurred to procure liability, hazard and any other insurance with respect to the Common
Areas and (v) all expenses incurred in the administration of the Association and (vi) expenses
associated with trash pick -up within the Real Estate.
H. "Covenants" shall mean the recorded terms and conditions of this Declaration of Covenants, Conditions
and Restrictions for Gray Oaks together with the Association's By -Laws, any rules and regulations
adopted by the Board of Directors and the Design Guidelines for Gray Oaks.
I. "Developer" shall mean Gray Oaks of Carmel, LLC, an Indiana limited liability company.
J. "Development" shall mean the Gray Oaks Subdivision and all real estate contained therein as shown on
the recorded Plat(s) recorded in Hamilton County.
K. "Dwelling" shall mean a building erected on a Lot within the Development for residential living
purposes.
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L. "Lot(s)" shall mean the numerically numbered parcels within the plat(s) of Gray Oaks designed for the
exclusive use of the construction of a single- family residence thereon.
M. "Owner(s)" shall mean the person or persons that have been deeded and hold ownership in any Lot
within Gray Oaks Subdivision.
N. "Right of Way Enhancements" shall mean the property located between the street curb and the
sidewalk along both sides of all internal City of Carmel streets in the Development and all the
improvements located thereon including but not limited to grass, plants and trees.
O. "The Gray Oaks Design Guidelines ", attached as Exhibit `B ", "Design Guidelines" shall mean the set
of documents established by the Developer and after the Applicable Date, by the Association, to
establish minimum standards of design, construction and maintenance, which are consistent with the
level of quality and character desired for the Development and the Covenants and to assist builders and
homeowners in the planning, design, maintenance, and construction of all site improvements. The
Developer and the Committee reserve the right to make any amendments, repeals, or modifications to
the Design Guidelines that they deem necessary or appropriate at any time and without notice.
P. "Tree Preservation Area" shall mean the area which shall be shown on the Plat as Common Area along
the entire souther boundary of the Property.
ARTICLE II
APPLICABILITY
All Owners, their tenants, guests, invitees, and mortgagees, and any other person using or occupying a
Lot or Dwelling or any other part of the Real Estate shall be subject to and shall observe and comply with the
covenants, conditions, restrictions, terms and provisions set forth in this Declaration and any rules and
regulations adopted by the Association as herein provided, as the same may be amended from time to time.
The Owner of any Lot or Dwelling (i) by acceptance of a deed conveying title thereto or the execution
of a contract for the purchase thereof, whether from the Developer or its affiliates or any builder or any
subsequent Owner of a Lot or Dwelling, or (ii) by the act of occupancy of a Dwelling, shall conclusively be
deemed to have accepted such deed, executed such contract or undertaken such occupancy subject to the
covenants, conditions, restrictions, terms and provisions of this Declaration. By acceptance of a deed, execution
of a contract or undertaking of such occupancy, each Owner covenants for the Owner, the Owner's heirs,
personal representatives, successors and assigns, with Developer and the Owner(s) from time to time, to keep,
observe, comply with and perform the covenants, conditions, restrictions, terms and provisions of this
Declaration.
ARTICLE III
GENERAL RESTRICTIONS, OBLIGATIONS, AND RIGHTS
Section 1. Lot Use and Maintenance.
A. All Lots in this Development are reserved solely for residential use and no building other than a single -
family Dwelling and an attached or detached garage shall be erected thereon. All plans for such Dwellings are
to be submitted to the Developer for approval prior to any construction.
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B. Not more than one Dwelling shall be erected or used for residential purposes on any Lot in this
Development. No trailer, tent, shack, attached shed, basement, garage, barn, or other out - building or temporary
structure shall be used for temporary or permanent residence on any Lot in this Development.
C. No Lot or any part thereof be leased, sublet, assigned or suffered to be used for transient occupancy.
D. No Lot in this Development shall be used or maintained as a dumping ground for rubbish, trash, grass
clippings, garbage or other waste and such rubbish or trash shall not be kept, except in sanitary containers. It
shall be the duty of the Owner of each Lot to maintain the same in a good, clean and sanitary condition, to keep
the grass on the Lot and adjacent right of way properly cut and keep the Lot free of weeds, trash or other debris
and otherwise neat and attractive in appearance, including, without limitation, the proper and customary
maintenance of the exterior of any structures on such Lot. If the Owner of any Lot fails to do so in a manner
satisfactory to the Developer or Association, the Developer or Association, after approval by two - thirds (2/3) of
the Board of Directors, shall have the right (but not the obligation), through its agents, employees and
contractors, to enter upon said Lot and to clean, repair, maintain or restore the Lot, as the case may be, and the
exterior of the improvements erected thereon. The cost of any such work shall be added to and become a part of
the Owner's assessment, and such cost shall be immediately due, and shall be secured by the Association's lien
on the Owner's Lot. Said cost may be collected and enforced by the Developer or Association in the manner
provided in this Declaration for the collection and enforcement of assessments in general. Each Owner, by his
acceptance of a deed to any Lot, irrevocably grants to the Developer or Association, its agents, employees and
contractors, the right to enter upon, across and over the Lot owned by such Owner under such conditions as are
reasonably necessary to effect the maintenance, cleaning, repair or other work contemplated herein.
E. No noxious or offensive activity shall be carried on upon any Lot or Common Areas, nor shall anything
be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each Lot and all
Common Areas shall be kept and maintained in a slightly and orderly manner and no trash or other rubbish shall
be permitted to accumulate thereon. The Board of Directors shall promulgate and enforce such rules and
regulations as it deems necessary for the common good in this regard.
Section 2. Lot Lines and Lot Dimensions. The front and side yard building setback lines are hereby
established; between which line and the property lines of the street, there shall be erected or maintained no
building or structure. The front and rear setback for each lot is denoted on the recorded plat. Side setbacks
shall be a minimum of ( ) feet each side ( feet aggregate) excluding elements such as
drives, fences, walls, and trellises. These set back requirements are the minimum required and the
Developer may require the dwelling to be located beyond the minimum requirements for aesthetic harmony
or preservation of natural features.
No Lot or combination of Lots may be further subdivided until approval therefore has been obtained from
the City of Carmel Planning Commission; excepting, however, the Developer and its successors in title shall
have the absolute right to increase the size of any Lot by joining to such Lot a section of an adjoining Lot
(thereby decreasing the size of such adjoining Lot) so long as the effect of such joining does not result in the
creation of a "Lot" with less than the requirements as set forth in the Carmel /Clay Township Zoning Ordinance
at the time of execution of said Declaration.
Section 3. Dwelling Dimensions. The living area, exclusive of one -story open porches, terraces and garages,
shall not be less than One Thousand Eight Hundred (1,800) square feet in the case of a one -story structure, nor
less than Two Thousand (2,000) square feet, with a minimum of Twelve Hundred (1,200) Square Feet on the
first floor, in the case of a two story structure.
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Section 4. Dwelling Character and Appearance. All buildings shall be constructed in a substantial and good
workmanlike manner and of new materials. No roll roofing of any description or character shall be used on the
roof of any dwelling house or garage on any of said Lots. No vinyl or aluminum siding shall be used on the
exterior of any individual facade of any home. Exterior materials shall generally be concrete siding, other
masonry material, drivet, wood, wood equivalent, or other material approved by the Developer or the
Committee. The Developer, or Committee prior to construction, must approve colors of all exterior materials,
including but not limited to shingles, paint, and masonry.
Section 5. Garages. All homes must have a minimum of a two (2) car finished garage and said garage
may not be used as a Dwelling, temporarily or permanently.
Section 6. Accessory Structures. No detached structures (exclusive of garages), mini -barns, tree houses,
docks, or other out buildings shall be permitted on any Lot without the prior written consent of the Developer or
Committee.
Section 7. Drives. Each Lot shall have a driveway constructed with concrete and said drieways shall not run to
the property lines of lots, but shall be a minimum of two (2) feet away from the property line to allow for proper
grading and green space between Lots.
Section 8. Swimming Pools. No aboveground swimming pools shall be permitted in the Development. No in
ground swimming pool or hard surface sports courts shall be permitted without prior written approval of
Developer or Committee.
Section 9. Solar Heat Panel. No solar heat panels shall be permitted in the Development.
Section 10. Fences. No fence shall be erected in this Development without prior written approval of the
Developer or Committee. No fences shall be constructed in areas designated for Retention or Detention nor
shall fences be constructed in any Easements. No fences shall be constructed in front of the building line on any
Lot without approval of the Developer or Committee. In general, all fencing must be ornamental iron, or its
aluminum equivalent, 48" wood picket, or other such style designated by the Developer or Committee and must
not be higher than six (6) feet from ground level. In no event will any stockade, galvanized chain link, wire or
solid aluminum be permitted within the Development. No fence which obstructs sight lines for drivers in the
roadway shall be placed or permitted to remain on any Lot.
Section 11. Sidewalks. Plans and specifications for this Development, on file with the City of Carmel, require
the installation of five (5) foot wide concrete sidewalks within the street rights -of -way in front of all Lots as
shown on the approved plans. Installation of said sidewalks shall be the obligation of the builder or Owner of
any such Lot, not of the Developer, and shall be completed within Thirty (30) days of home completion or
within thirty six (36) months of the purchase of the Lot, which ever occurs first. In the event the Owner has not
installed the sidewalk within the time period allotted, the cost of said installation shall be the personal obligation
of the Owner and a lien against any such Lot enforceable by the Carmel Planning Commission or the Developer
or their successors. The Developer may, at Developer's sole discretion, install or have installed the sidewalk
and bill the Owner for costs incurred in the installation of the sidewalk. If the Owner fails to reimburse
Developer for the costs of the sidewalk within Thirty (30) days, the Developer is hereby authorized to place a
lien against said Lot. In addition, interest on those expenditures shall accrue at a rate of twelve percent (12 %)
per annum and Developer shall be entitled to recover in an action at law or in equity from the Owner of the Lot
of which the side walk was installed all of the attorneys' fees and related costs and expenses it incurred pursuant
to the collection of the above funds. After the Applicable Date, the Association shall also have Developer's
rights under this Section 11.
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Section 12. Yard, Street Trees, Mailbox, and Other Equipment. All Lot Owners will be required, at a
minimum, to install a Two Thousand Five Hundred Dollar ($2,500) (wholesale plant material costs only,
excluding annuals, irrigation, street trees and lawns) landscape package that has been submitted and approved
by the Developer or Committee. This package is to include at a minimum• sod or hydro- seeded grass, when
accompanied with an in- ground irrigation system, front and side yards and seed and straw in the back yards.
Also required is the planting of four bushes, one shade tree, two evergreen and /or ornamental trees, and street
trees of the type, size, and location as designated by the Developer. All trees and bushes must meet the City of
Carmel Landscaping Standards. All plantings shall be maintained in an appropriate manner by the Lot Owner
and any trees and bushes that die shall be replaced with the same, which shall meet the City of Carmel
Landscaping Standards. Individual Lot Owners shall not intentionally remove any healthy trees from the Tree
Preservation Area. If any Lot Owner(s) shall remove a tree from the Tree Preservation Area without Developer
or Association consent, then the Lot Owner shall be responsible for replacing said tree with a similar species
with the same caliper within a reasonable period of time. If the same caliper tree is not available, then
replacement with multiple trees totaling the caliper of the removed tree shall be planted in a reasonable period
of time.
Installation of sod or hydro- seeded grass in the right -of way in front of each Lot (the area located between the
sidewalk and street curb) shall be the obligation of the builder or Owner of any such Lot, not of the Developer,
and shall be completed within Thirty (30) days of home completion or within twelve (12) months of the
purchase of the Lot, which ever occurs first.
Lot Owner's must install or have installed at least one photocell controlled exterior light (which must meet the
requirements set forth in the Lighting Standards of the Carmel /Clay Zoning Ordinance) and mailbox by the time
the construction of the home on the Lot is complete. The Developer shall approve the design of the exterior
light and shall determine the mailbox required. The Developer may require, for the purpose of uniformity and
appearance that the mailbox and exterior "dusk to dawn" light post be purchased from the Developer or its
designee. Each Owner shall thereafter maintain such light(s) and mailbox so that they operate properly and are
attractive in appearance.
In the event the Owner has not installed the street trees, lawn treatment, yard light, or mailbox within the time
period allotted or of the style required by Developer, the Developer or Association shall have the right (but not
the obligation) to do so with the cost of said installation being the personal obligation of the Owner and a lien
against any such Lot enforceable by the Developer or Committee. If the Owner fails to reimburse Developer for
the costs of the street trees, lawn treatment, yard light, or mailbox within Thirty (30) days, the Developer is
hereby authorized to place a lien against said Lot. In addition, interest on those expenditures shall accrue at a
rate of twelve percent (12 %) per annum and Developer shall be entitled to recover in an action at law or in
equity from the Owner of the Lot of which the lawn treatment, street trees, mailbox, and/or yard light were
installed, all of the attorneys' fees and related costs and expenses it incurred pursuant to the collection of the
above funds. After the Applicable Date, the Association shall also have Developer's rights under this Section
12 of Article I.
No clothesline or clothes poles, or any other free - standing semi - permanent poles, rigs or devices, regardless of
purpose, shall be constructed, erected or located or used on any Lot. No sign of any kind shall be displayed to
the public view on any Lot except one (1) professional sign of not more than one (1) square foot or one (1)
licensed real estate agent sign of not more than five (5) square feet advertising the home for sale. For sale by
owner signs shall not be permitted for the re -sale of lots. Signs used by a Builder and/or Realtor to advertise the
Home during the construction and sales periods and all Developer signs are exempt from this requirement.
No radio or television antenna on outside of roof shall be attached to any dwelling house. No free standing
radio or television antenna, television receiving disk or dish shall be permitted on any Lot, with the exception of
a television reception disk one (1) meter in diameter or less upon approval of the location by the Committee.
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No solar panels attached or detached shall be permitted without the prior written consent of the Developer or
Committee. All such panels shall be enclosed within fenced areas and shall be concealed from the view of
neighboring Lots, Common Areas and streets. No temporary basketball goals shall be permitted within the
Development. All basketball goals must be installed in a permanent manner The Developer or Committee
shall approve all basketball goals prior to their installation.
Section 13. Down Spouts. No down spouts shall be tied to the sub - surface drains. Sump pump lines are to be
connected to the available sub - surface drains provided for each Lot.
Section 14. Time Period to Commence and Complete Construction and Landscaping. All construction
upon, landscaping of and other improvement to a Lot shall be completed strictly in accordance with the plans
approved by the Developer or Committee. All landscaping specified on the landscaping plan approved by the
Developer or Committee shall be installed on the Lot strictly in accordance with such approved plans within
thirty (30) days following substantial completion of the Dwelling unless the Developer or Committee agrees to
a later landscaping completion date. Unless a delay is caused by strikes, war, court injunction or act of G -d, the
Owner of any Lot which on the date of purchase from Developer is not improved with a Dwelling shall
commence construction of a Dwelling upon the Lot within three (3) years from the date the owner acquired title
thereto and shall complete construction of such Dwelling within one (1) year after the date of commencement of
the building process, but in no event later than four (4) years after the date the Owner acquired title(s) to the
Lot(s). If the Owner fails to commence or complete construction of a Dwelling within the time periods
specified herein, or if the Owner should, without Developer's written approval, sell, contract to sell, convey, or
otherwise dispose of, or attempt to sell, convey or otherwise dispose of, the Lot before completion of
construction of a Dwelling on the Lot, then, in any of such events, Developer may:
(i) Re -enter the Lot and divest the Owner of title thereto by tendering to the Owner or to the
Clerk of the Circuit Court of Hamilton County the lesser of (i) the same net dollar amount as
was received by Developer from such Owner as consideration for the conveyance by
Developer of the Lot, together with such actual costs, if any, as the Owner may prove to have
been incurred in connection with the commencement of construction of a Dwelling on the
Lot, and (ii) the then fair market value of the Lot, as determined by averaging two (2)
appraisals made by qualified appraisers appointed by the Judge of the Hamilton County
Circuit or Superior Court;
(ii) Obtain injunctive relief to force the Owner to proceed with construction of any Dwelling, a
plan for which has been approved by the Developer or Committee upon application by such
Owner; or
(iii) Pursue other remedies at law or in equity as may be available to Developer.
The failure of the Owner of a Lot to apply for approval of, or receive approval from, the Developer or
Committee of a plan shall not relieve such Owner from his obligation to commence and complete construction
of a Dwelling upon the Lot within the time periods specified herein. For the purposes of this Section 14 of
Article III, construction of a Dwelling will be deemed "completed" when the exterior of the Dwelling (including
but not limited to the foundation, walls, roof, windows, entry doors, gutters, downspouts, exterior trim, paved
driveway and landscaping) has been completed in conformity with the submitted plans.
Section 15. Vehicles. No boats or other watercraft, campers, recreational vehicles, trailers of any kind, buses,
mobile homes, Commercial or business trucks or vans, motorcycles, minibikes, or any other vehicles of any
description (other than normal passenger vehicles consisting of (i) trucks with a maximum load capacity of
three- quarters (3/4) of a ton or less, (ii) vans or (iii) automobiles), shall be permitted, parked or stored anywhere
within the Development; provided, however, that nothing herein shall prevent the parking or storage of such
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vehicles completely enclosed within a garage and the driving or using of such vehicles solely for the purpose of
ingress and egress to and from the Development provided the shortest route to and from a main thoroughfare
outside the Development is used. No Owners or other residents shall repair or restore any vehicle of any kind
outside of the Owner's enclosed garage, or for emergency repairs outside and then only to the extent necessary
to enable movement thereof to a proper repair facility. "Commercial" vehicles as described hererinabove are
defined as vehicles, regardless of size, on which commercial lettering or equipment is visible or vehicles which
are larger than normally used for non - commercial purposes. No junk or derelict vehicle or other vehicle on
which current registration plates are not displayed shall be kept within the Development. Driveway and street
parking shall be limited to guests and temporary parking only. Notwithstanding anything contained herein to the
contrary, vehicles parked in the driveway shall not obstruct the sidewalk. Any vehicle in violation of the above
shall be subject to being towed at the expense of the owner thereof.
Section 16. Unacceptable Activities. No noxious, unlawful or other offensive activity shall be carried out on
any Lot in this Development, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood. No noise or sounds that would violate Indiana Code §36 -8 -2 -8 and /or the noise
regulations as provided in the City of Carmel Public Health and Safety Code §6 -158.
Section 17. Animals. No animals, livestock or poultry of any description shall be raised, bred or kept on any
Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or
maintained for commercial purposes and do not unreasonably disturb other Owners or residents.
Section 18. Remonstration. Lot owners, upon taking title, agree to waive all rights to oppose and/or
remonstrate against annexation and any future zoning changes and special permits necessary to complete any
future plans by Developer for expansion of the Development whatsoever.
Section 19. Garbage and Refuse Disposal. Trash and refuse disposal for each Dwelling will be the Owner's
responsibility and at their expense. The community shall not contain dumpsters or other forms of general or
common trash accumulation except to facilitate development and house construction. No Lot shall be used or
maintained as a dumping ground for trash. Rubbish, garbage and other waste shall be kept in sanitary
containers. All equipment for storage or disposal of such materials shall be kept clean and shall not be stored
on any Lot in open public view. No rubbish, garbage or other waste shall be allowed to accumulate on any Lot.
No Owner or occupant of a Lot shall burn or bury any garbage or refuse.
Section 20. Dedicated Streets. The streets shown on the Plat shall be for public use and if applicable dedicated
to the public.
Section 21. Lakes & Ponds. With respect to any lake or pond located within the Real Estate which shall be
owned by various Owners or the Association, there shall be no swimming, boating, ice skating or other
recreational activities permitted thereon and no Owner shall construct or locate any dock, deck, pier or float
adjacent to or upon any lake or pond within the Real Estate. Notwithstanding anything contained herein to the
contrary, Owners shall be allowed to use the lakes and ponds for recreational fishing purposes.
ARTICLE IV
ARCHITECTURAL CONTROLS
Section 1. The Gray Oaks Architectural Control Committee. Until the Developer resigns its position as the
Architectural Control Committee or until the Developer no longer owns any of the Lots in the Development, the
Developer shall serve as the Architectural Control Committee. After one of the above events occurs, the
members of the Architectural Control Committee ( "Committee ") shall be appointed by the Board of Directors
of the Association. The Board of Directors may at any time after the Applicable Date remove any member of
the Committee at any time upon a majority vote of the members of the Board of Directors. The Developer shall
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always have the sole authority to approve the original Dwelling and Landscaping on any Lot within the
Development.
Section 2. Purpose. The Committee shall regulate size, type, external design, appearance, use, location and
maintenance of any change or addition to the original Dwellings placed on any lands subject to these Covenants
and improvements thereon, in such a manner as to preserve and enhance values and to maintain a harmonious
relationship among structures and the natural vegetation and topography.
All fences, walls or other construction or improvements of any kind shall not be commenced, erected or
maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made without the
prior approval of the Committee. Such approval shall be obtained only after the Owner of the Lot has made
written application to the Committee. The manner of application shall be in the form as prescribed from time to
time by the Committee, and shall be accompanied by two sets of plans and specifications. Such plans shall
include plot plan showing location of proposed improvements, specification of all exterior materials and colors
and any proposed landscaping. In the event said Committee fails to approve or disapprove such design and
location within thirty (30) days after said plans and specifications have been submitted to it, approval will not
be required as long as said design meets all other requirements of the covenants and restrictions herein, and this
Article will be deemed to have been fully complied with.
Section 3. Design Guidelines. The Developer has created the Design Guidelines for the Development to
establish minimum standards of design, construction and maintenance, which are consistent with these
Covenants and the level of quality and character desired for the Development. The Design Guidelines have
been designed to assist builders and homeowners in the planning, design, maintenance, and construction of all
site improvements. The Developer and the Committee reserve the right to make any amendments, repeals, or
modifications to the Design Guidelines that they deem necessary or appropriate at any time and with or without
notice.
Section 4. Compliance with Carmel Residential Architectural Design Standards. All Dwellings must be
designed following the Design Guidelines. The Lot owner or builder must receive plan approval from the
Architectural Control Committee prior to applying for building permits with the City of Carmel.
Section 5. Liability of the Architectural Review Committee. Neither the Architectural Review Committee,
the Association nor any agent of any of the foregoing, shall be responsible in any way for any defects in any
plans, specifications or other materials submitted to it, nor for any defects in any work done according thereto or
for any decision made by it unless made in bad faith or by willful misconduct.
Section 6. Exercise of Discretion. Developer intends that the members of the Architectural Review Committee
exercise discretion in the performance of their duties consistent with the provisions hereof, and every Owner by
the purchase of a Lot/Dwelling shall be conclusively presumed to have consented to the exercise of discretion
by such members. In any judicial proceeding challenging a determination by the Architectural Review
Committee and in any action initiated to enforce this Declaration in which an abuse of discretion by the
Architectural Review Committee is raised as defense, abuse of discretion may be established only if a
reasonable person, weighing the evidence and drawing all inferences in favor of the Architectural Review
Committee, could only conclude that such determination constituted an abuse of discretion.
Section 7. Inspection. The Architectural Review Committee or its representative may, but shall not be required
to, inspect work being performed to assure compliance with this Declaration and the materials submitted to it
pursuant to this Article IV and may require any work not consistent with the approved application to be stopped
and removed or appropriately modified.
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ARTICLE V
OTHER RESTRICTIONS, GUIDELINES AND RIGHTS
Section 1. Sanitary Sewer, Drainage and Utility Easements. There are strips of ground as shown on the
Plat(s) marked Sanitary Sewer, Drainage, and Utility Easements both solely and in combination with other
easements, which are reserved for the use of public utilities for the installation of water, sewer, and storm sewer
mains, detention and retention areas, poles, ducts, lines and wires, subject at all times to the proper agencies and
authorities and to the easement herein reserved. No structures of any kind are to be erected or maintained upon
said strips of land, but Owners of Lots in this Development shall take their titles subject to the rights of public
utilities. The Developer, Utility Companies, City and County authorities reserve the right to enter said
easements at any time and perform work deemed necessary. These areas shall be maintained free of weeds,
trash or other obstruction, and in the event the easement is a Drainage Easement, proper drainage as outlined in
the development plan shall be maintained at all times by the Owner of each applicable Lot or Association as
owner of the Common Areas. Within Drainage Easements there shall be located no structures which may
impede proper drainage including but not limited to landscape mounds, fences, out buildings, swing sets, play
equipment, docks, decks, boats, etcetera and shall be maintained with a properly cut stand of grass at all times.
No change of grade shall be permitted within Drainage Easements.
Section 2. Drainage of Storm or Other Water. In the event storm water drainage from any Lot flows across
another Lot, provisions shall be made to permit such drainage to continue, without restriction or reduction,
across the downstream Lot and into the natural drainage channel or course, even though no specific drainage
easement for such flow of water is provided on said plat(s).
No rain or storm water runoff or such things as roof water, street pavement or surface water caused by natural
precipitation, shall at any time be discharged into or permitted to flow into the sanitary sewer system, which
shall be a separate sewer system from the storm water and surface water runoff sewer system. No sanitary
sewage shall at any time be discharged or permitted to flow into the above - mentioned storm water and surface
water runoff sewer system.
Section 3. Common Areas. There are strips of ground as shown on the Plat(s) and marked as "Blocks" and or
Common Areas, which are reserved for the use and enjoyment of the residents of the Development. Said areas
may also contain or consist of drainage, sewer, utility, and or other easements which are reserved for the use of
public utilities and government authorities for the installation of water, storm water, and sewer mains, poles,
ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. Any
Common Areas depicted on the recorded Plat(s) of the Development shall remain private, and neither the
Developer's execution nor recording of the Plat(s) nor the doing of any other act by the Developer is, or is
intended to be, a dedication to the public of the Common Areas. Ownership of any of the Common Areas shall
be conveyed in fee simple title, free of financial encumbrances to the Association upon their completion. Such
conveyance shall be subject to easements and restrictions of record, and such other conditions, as the Developer
at the time of conveyance deems appropriate. Such conveyance shall be deemed to have been accepted by the
Association and those persons who shall be members thereof from time to time.
Developer shall be responsible for improving and or maintaining all Common Areas (including the
required landscape plantings within them) until such time as the Common Areas are conveyed to the
Association at which time the Association shall be responsible for the maintenance and repair of the Common
Areas including the required landscaping plantings as presented in the Primary Plat.
Block(s) "" Common Areas, as denoted on the Plat, consists of both a retention pond and a storm water
filtration wetland pond. It is the intent of the Developer that the Lot Lines of those Lots adjacent to Block(s)
" and any similarly designed area shall always extend down to the existing point of the waters edge. It is
understood by all Lot Owners and the Association that by design the exact point of waters edge of all retention
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areas shall vary dependent on amount of rain fall and elevation of underground water tables. Any portion of
ground between the waters edge and the actual Lot line shall be maintained by the individual Owner's of said
Lots and there shall be no common access within said areas. Common access to retention ponds shall be limited
to those portions of the Common Areas that extend beyond the waters edge as denoted on the Plat(s). The
Association shall be solely responsible for the maintenance of the Common Areas including the retention pond
and storm water filtration wetland pond in perpetuity.
Section 4. Buffer, Landscape, and Pathway Easements. There are strips of ground as shown on the Plat(s) as
"Buffer" and "Landscape Easements" both solely and in combination with other easements. The Association
shall be solely responsible for maintenance and upkeep of the plants and trees within these areas to the
standards set forth in the City of Carmel's Landscape Ordinance only in the event these areas are located in
Common Areas. In the event that these areas are located within a Lot, then it shall be the Lot Owner's
responsibility to maintain these areas as set forth above.
Section 5. Right of Way Enhancements. The Association shall be solely responsible for maintenance,
replacement and upkeep of the grass, plants and trees within Right of Way Enhancements to the standards set
forth in the City of Carmel's Landscape Ordinance only in the event these areas are located adjacent to
Common Areas. In the event that these areas are located adjacent to a Lot, then it shall be the Lot Owner's
responsibility to maintain these areas as set forth above and as set forth in Article III, Section 12 of these
covenants.
Section 6. Street Signs, Traffic Control Signs, and Street Light Fixtures. If other than the standard City
Street Signs, Traffic Control Signs and Street Light Fixtures are installed, it shall be the Developer's
responsibility to install said items and the Association's responsibility to maintain them. All Signs and Fixtures
shall meet and be maintained to all of the City of Carmel's minimum safety standards.
Section 7. Enforcement of Covenants. The Developer, Association, and any Owner shall have the right to
enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of these Covenants. Failure by the Developer, Association,
or by any Owner to enforce any Covenant shall in no event be deemed a waiver of the right to do so thereafter.
In the event the Developer, Association, or any Owner shall be successful in any proceeding, whether at law or
in equity, brought to enforce any restriction, covenant, limitation, easement, condition, reservation, lien or
charge now or hereinafter imposed by the provisions of this Declaration, covenants, limitations, easements and
approvals appended to and made a part of the Plat(s) of the community, it shall be entitled to recover from the
party against whom the proceeding was brought all of the reasonable attorneys' fees and related costs and
expenses it incurred in such proceeding.
The right to enforce these provisions by injunction, together with the right to cause the removal by due process
of law, any structure or part thereof erected without proper approval or maintained in violation hereof, is hereby
reserved to the Developer, the Association and to the Owners of the Lots in this Development and to their heirs
successors, and assigns.
Section 8. Invalidation of Covenant. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 9. Term of Covenants, Conditions and Restrictions. The foregoing Declaration is to run with the
land and shall be binding on all parties and all persons claiming under them for a period of twenty -five (25)
years from the date of recordation of the Plat, at which time said Declaration shall be automatically extended for
successive periods of ten (10) years unless changed by vote of a majority of the then Owners of the Lots. The
Developer, per the Developer's sole discretion, may amend this Declaration of Covenants, Conditions, and
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Restrictions for the betterment of the Development at any time prior to the Applicable Date. After the
Applicable Date this Declaration of Covenants, Conditions, and Restrictions may be amended by a favorable
vote of the Owners of at least two - thirds (2/3) of the total number of Lots.
Section 10. Waiver of Rights to Remonstrate. Lot Owners, upon taking title, agree to waive all rights to
oppose future zoning changes and special permits necessary to complete any future plans by Developer for
expansion of the Development whatsoever.
Section 11. Development and Sale Period. Nothing contained in Articles I, II, III, IV & V shall be construed
or interpreted to restrict the activities of the Developer and Builders in connection with the development and
sale of the Development and the Construction and sale of Lots and Dwellings on said Development. The above
shall be entitled to engage in such activities and to construct, install, erect and maintain such facilities, upon any
portion of the Development at any time owned or leased by the Developer or Builder(s) as, at the sole discretion
of the Developer or Builders, may be reasonably required, or convenient or incidental to, the development of
and sale of the Lots and Dwellings on said Lots; such facilities may include, without limitation, storage areas,
signs, parking areas, model residences, construction offices, sale offices and business offices.
ARTICLE VI
GRAY OAKS PROPERTY HOMEOWNERS ASSOCIATION
There has been or will be created, under the laws of the State of Indiana, not - for - profit corporation to be
known as the "GRAY OAKS PROPERTY HOMEOWNERS ASSOCIATION, INC."
Section 1. Membership in Association. Each Lot Owner shall automatically upon taking deed to a Lot in the
Development become a member of the Association and agree to abide by these Covenants, Design Guidelines,
and By -Laws of the Association and shall remain an abiding member until such time as their ownership of a Lot
ceases. Membership in the Association shall terminate when such Owner ceases to be an Owner and will be
transferred to the new Owner of his Lot; provided, however, that any person who holds the interest of an Owner
in a Lot in this Development merely as security for the performance of an obligation shall not be a member until
and unless he realizes upon his security, at which time he shall automatically be and become an Owner and a
member of the Association.
Section 2. Voting Rights. The Association shall have the following classes of membership, with the following
voting rights:
A. Class A. Class A members shall be all Owners except Class B members. Each Class A member shall
be entitled to one (1) vote for each Lot of which such member is the Owner with respect to each matter
submitted to a vote of the members upon which the Class A members are entitled to vote. When more than one
(1) person constitutes the Owner of a particular Lot, all such persons shall be members of the Association, but
all of such persons shall have only one (1) vote for such Lot, which vote shall be exercised as they among
themselves determine, but in no event shall more than one (1) vote be cast with respect to any such Lot. A
membership in the Association shall only be transferred by the transfer of the record title of a Lot.
B. Class B. Class B members shall be the Developer and all successors and assigns of Developer
designated by Developer as Class B members in a written notice mailed or delivered to the President of the
Association. Each Class B member shall be entitled to five (5) votes for each Lot of which it is the Owner and
five (5) votes for each individually numbered parcel of land shown upon, and identified as a Lot on, any plat(s)
of the Development, or any part thereof, of which it is the Owner (either as to the entire numbered parcel or any
part thereof) which is not a "Lot" as defined in this Declaration, on all matters requiring a vote of the members
of the Association. The Class B membership shall cease and terminate upon the Applicable Date.
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Section 3. Functions and Insurance.
A. The Association shall maintain the Common Areas shown on the plat(s) including the improvements
thereon and shall keep such area in a neat, clean and presentable condition at all times.
B. The Association shall be responsible for the maintenance of street signs and traffic control signs to the
standards set by the City of Carmel.
C. The Association shall procure and maintain casualty insurance for the Common Areas, liability
insurance and such other insurance, for the benefit of the Association, its officers and Board of Directors and
the Owners, the insurance coverage required under this Declaration and such other insurance as the Board of
Directors deems necessary or advisable. The Association shall purchase and maintain fire and extended
coverage insurance in an amount equal to the full insurable replacement cost of any improvements owned by
the Association. If the Association can obtain such coverage for a reasonable amount, it shall also obtain "all
risk coverage ". The Association shall also insure any other property, whether real or personal, owned by the
Association, against loss or damage by fire and such other hazards as the Association may deem desirable.
Such insurance policy shall name the Association as the insured. The insurance policy or policies shall, if
possible, contain provision that the insurer (i) waives its rights to subrogation as to any claim against the
Association, it's Board of Directors, officers, agents and guest and (ii) waives any defense to payment based on
invalidity arising from the acts of the insured. Insurance proceeds shall be used by the Association for repair or
replacement of the property for which the insurance was carried.
D. The Association shall also purchase and maintain a master comprehensive public liability insurance
policy in such amount or amounts as the Board of Directors shall deem appropriate from time to time. Such
comprehensive public liability insurance shall cover all the Common Areas and shall inure to the benefit of the
Association, its Board of Directors, officers, agents and employees, any committee of the Association or of the
Board of Directors, and all persons acting or who may come to act as agents or employees of any of the
foregoing with respect to the Real Estate and the Developer. The Association shall also purchase and maintain
any other insurance required by law to be maintained, including but not limited to worker's compensation and
occupational disease insurance, and such other insurance as the Board of Directors shall from time to time deem
necessary, advisable or appropriate including but not limited to officers' and directors' liability insurance.
E. The Association may contract for such service as management, snow removal, security control, trash
removal, and such other services as the Association deems necessary or advisable.
F. Owning all Common Areas when deeded to it and paying taxes and assessments levied and assessed
against, and payable with respect to, the Common Areas paying any other necessary expenses and costs in
connection with the Common Areas.
G. Assessment and collection from the Owners of any Common Expenses.
Section 4. Assessments.
A. Authority to Create Lien. The Association and or Developer are hereby empowered to cause a lien to
be placed against any Lot for the purposes of (1) recovering any funds due for annual assessments, special
assessments, or recovering any funds expended by the Developer or the Association in maintaining any Lot in a
neat and attractive condition as contemplated by Article 1, Section 1 and for the installation of sidewalks and or
street trees as required within these Covenants, together with interest on those expenditures accruing at a rate of
twelve percent (12 %) per annum, or (2) recovering any attorneys' fees and related costs and expenses incurred
by either the Developer or the Association in any proceeding initiated pursuant to the collection of the above
funds or any proceeding initiated pursuant to Article 3, Section 5. No private individual Owner shall have such
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a right to create a lien against a neighboring Lot pursuant to the terms of this Section. No liens shall be created
on any Lot or Common Area owned by the Developer.
B. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot in the
Development, except the Developer, by acceptance of a deed or other conveyance therefore, whether or not it
shall be expressed in such a deed, is deemed to covenant and agree to pay to the Developer or Association: (1)
annual assessments or charges; (2) special assessments for capital improvements and operating deficits; such
assessments to be established and collected as hereinafter provided; and (3) assessments or charges for
expenditures by the Developer or the Association in maintaining the Lot in a neat and attractive condition as
contemplated by Article III, Section 1. The annual, special assessments, and maintenance assessments together
with interest, costs, late fees, and reasonable attorney's fees, shall be a charge on the land until paid in full and
shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment,
together with interest, costs, late fees and reasonable attorneys' fees, shall also be the personal obligation of the
person who was the Owner of such Lot at the time when the assessment was due. The personal obligation for
delinquent assessment shall not pass to his successors in title unless expressly assumed by them or unless, prior
to such transfer, a written notice of the lien for such assessments shall have been recorded in the office of the
Recorder of Hamilton County, Indiana. No charge, lien, or assessment shall ever be levied by the Association
or individual Lot Owner against the Developer.
C. Date of Commencement of Annual Assessment. Annual Assessments shall be set for each calendar
year and due and payable in one lump sum in advance on the first day of March each year or, if so determined
by the Association's Board of Directors or Developer, in such other periodic installments or due dates as may be
specified by the Board of Directors or Developer. If ownership of a Lot is conveyed after the first of January,
the Annual Assessment shall be paid at closing and the Annual Assessment shall be pro- rated, based on the
calendar year, as of the date of closing. Without any approval or vote by the Owners, the Board of Directors
shall fix the amount of the Annual Assessment in advance of the effective date of such assessment. Written
notice of Annual Assessments and such other assessments as the Board of Directors shall deem appropriate
shall be sent to every Owner subject thereto. The Board of Directors shall establish the due dates for all
assessments. The Association shall, at any time and for a reasonable fee of up to and including Thirty Five
Dollars ($35.00), furnish a certificate in writing signed by an officer of the Association stating that the
assessments on a specific Lot have been paid or that certain assessments or other charges against said Lot have
not been paid, as the case may be.
Annual Assessments shall not commence for any Lot until the date the Lot is first sold or conveyed by the
Developer to any person or entity. Prior to such time, the Developer shall not be liable for paying any
assessments to the Association.
D. Special Assessments. In addition to the annual operating assessment, the Board of Directors or
Developer may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of any capital improvement which the Association is
required to maintain or for operating deficits which the Association may from time to time incur, provided that
any such assessment shall have an assenting vote of the majority of the members who are voting in person or by
proxy at a meeting duly called for this purpose. Written notices for such meetings shall be sent and voting
quorums required as set forth in the By -Laws of the Association.
E. Failure of Owner to Pay Assessments. No Owner may exempt himself or herself from paying Annual
or Special Assessments or any other expense lawfully agreed upon, by waiver of the use or enjoyment of the
Common Areas, or by abandonment of the Lot belonging to such Owner. Each Owner shall be personally liable
for the payment of all Annual and Special Assessments. Where the Owner constitutes more than one person, the
liability of such persons shall be joint and several. If any Owner shall fail, refuse or neglect to make any
payment of any Annual or Special Assessments when due, the lien for such assessment on the Owner's Lot may
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be foreclosed by the Board for and on behalf of the Association as provided by law. Upon the failure of an
Owner to make payments of any Annual or Special Assessments within ten (10) days after such are due, the
Board, in its discretion, may:
(1) impose a late charge, which will be considered an addition to the assessment, in an amount to be
determined by the Board of up to twenty -five percent (25 %) of the amount of the Assessment; and
(2) suspend such Owner's right to vote on Development matters as provided in the Indiana Nonprofit
Corporation Act of 1991, as amended.
In any action to foreclose the lien for any Assessments, the Owner and any occupant of the Lot shall be jointly
and severally liable for the payment to the Association of reasonable rental for such Lot, and the Board shall be
entitled to the appointment of a receiver for the purpose of preserving the Lot and to collect the rentals and other
profits therefrom for the benefit of the Association to be applied to the unpaid Annual or Special Assessments.
The Board may, at its option, bring a suit to recover a money judgment for any unpaid Annual or Special
Assessments without foreclosing or waiving the lien securing the same. In any action to recover a Annual or
Special Assessment, whether by foreclosure or otherwise, the Board, for and on behalf of the Association, shall
be entitled to recover costs and expenses of such action incurred, including but not limited to reasonable
attorney's fees, from the Owner of the respective Lot.
F. Notification. Every Owner of a Lot in the Development and any person who may acquire any interest
in any Lot in the Development, whether as Owner or otherwise, is hereby notified, and by acquisition of such
interest agrees, that any such liens which may exist upon said Lot at the time of acquisition of such interest are
valid liens and shall be paid. Every person who shall become an Owner of a Lot in the Development is hereby
notified that by the act of acquiring, making such purchase or acquiring such title, such person shall be
conclusively held to have covenanted and agreed to pay the Association and Developer all charges that the
Association or Developer shall make pursuant to this Article VI Section 4 of the Covenants.
Section 5. Management of Board of Directors. The business and affairs of the Association shall be governed
and managed by the Board of Directors. Following the Applicable Date, no person shall be eligible to serve as
a member of the Board of Directors unless he is, or is deemed in accordance with this Declaration to be, an
Owner.
Section 6. Initial Board of Directors. The initial Board of Directors shall be composed of the persons
designated or to be designated by the Developer. Notwithstanding anything to the contrary contained in, or any
other provisions of, this Declaration or these Articles, (a) the Initial Board shall hold office until the first
meeting of the members of the Association occurring on or after the Applicable Date or until Developer no
longer owns any of the Lots, and (b) in the event of any vacancy or vacancies occurring in the Initial Board for
any reason or cause whatsoever prior to such first meeting occurring on or after the Applicable Date determined
as provided above, every such vacancy shall be filled by a person appointed by Developer, who shall thereafter
be deemed a member of the Initial Board. Each Owner, by acceptance of a deed to a Lot with, or by acquisition
of any interest in a dwelling house by any type of juridic acts inter vivos or causa mortis, or otherwise, shall be
deemed to have appointed Initial Board of Directors as such Owner's agent, attorney -in -fact and proxy, which
shall be deemed coupled with an interest and irrevocable until the Applicable Date determined as provided
above, to exercise all of said Owner's right to vote, and to vote as the Initial Board of Directors determines, on
all matters as to which members of the Association are entitled to vote under the Declaration, these Articles or
otherwise. This appointment of the Initial Board of Directors as such Owner's agent, attorney -in -fact and proxy
shall not be affected by incompetence of the Owner granting the same. Each person serving on the Initial
Board, whether as an original member thereof or as a member thereof appointed by Developer to fill a vacancy,
shall be deemed a Special member of the Corporation and an Owner solely for the purpose of qualifying to act
as a member of the Board of Directors and for no other purpose. No such person serving on the Initial Board
15
shall be deemed or considered either a member of the Association or an Owner of a Lot for any other purpose
(unless he is actually the Owner of a Lot and thereby a member of the Association).
Section 7. Additional Qualifications of Board of Directors. Where an Owner consists of more than one
person or is a partnership, corporation, trust or other legal entity, then one of the persons constituting the
multiple Owner, or a partner or an officer or trustee, shall be eligible to serve on the Board of Directors, except
that no single Lot or dwelling house may be represented on the Board of Directors by more than one person at a
time.
Section 8. Term of Office and Vacancy of Board of Directors. Subject to the provisions of Article VI
Section 6 of this Article IV, the Board of Directors shall be elected at each annual meeting of the Association.
The Initial Board shall be deemed to be elected and re- elected as the Board of Directors at each annual meeting
until the first meeting of the members occurring on or after the Applicable Date provided herein. After the
Applicable Date each member of the Board of Directors shall be elected for a term of two (2) years, such terms
shall be staggered. Each Director shall hold office throughout the term of his election and until his successor is
elected and qualified. Subject to the provisions of Article VI Section 6 as to the Initial Board, any vacancy or
vacancies occurring in the Board shall be filled by a vote of a majority of the remaining members of the Board
or by vote of the Owners if a Director is removed in accordance with Article VI Section 9. The Director so
filling a vacancy shall serve until the next annual meeting of the members and until his successor is elected and
qualified.
Section 9. Removal of Directors. A Director or Directors, except the members of the Initial Board, may be
removed with or without cause by vote of a two thirds (2/3) majority of the votes cast at a special meeting of the
Owners duly called and constituted for such purpose. In such case, his successor shall be elected at the same
meeting from eligible Owners nominated at the meeting. A Director so elected shall serve until the next annual
meeting of the Owners and until his successor is duly elected and qualified.
Section 10. Duties and Powers of the Board of Directors. The duties and powers of the Board of Directors
shall be set forth in the By -Laws.
Section 11. Limitation of Board Action. After the Applicable Date, the authority of the Board of Directors to
enter into contracts shall be limited to contracts involving a total expenditure of less than Five Thousand Dollars
($5,000.00) without obtaining the prior approval of a vote of the Owners, except that in the following cases
such approval shall not be necessary:
a. Contracts for replacing or restoring portions of the Common Areas damaged or destroyed by fire or
other casualty where the cost thereof is payable out of insurance proceeds actually received or for which the
insurance carrier has acknowledged coverage;
b. Proposed contracts and proposed expenditures expressly set forth in the annual budget as approved by the
Board of Directors; and
c. Expenditures necessary to deal with emergency conditions in which the Board of Directors reasonably
believes there is insufficient time to call a meeting of the Owners.
Section 12. Compensation of Board of Directors. No Director shall receive any compensation for his
services as such, except to such extent as may be expressly authorized by a vote of the Owners. The Managing
Agent, if any is employed, shall be entitled to reasonable compensation for its services, the cost of which shall
be a Common Expense and paid by the Association.
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Section 13. Non - Liability of Directors and Officers. The Directors and officers of the Association shall not
be liable to the Owners or any other persons for any error or mistake of judgment exercised in carrying out their
duties and responsibilities as Directors and officers, except for their own individual willful misconduct, bad
faith or gross negligence. The Association shall indemnify and hold harmless and defend each of the Directors
and officers against any and all liability to any person, firm or corporation arising out of contracts made by the
Board on behalf of the Association, unless any such contract shall have been made in bad faith. It is intended
that the Directors and officers shall have no personal liability with respect to any contract made by them on
behalf of the Association.
Section 14. Additional Indemnity of Directors and Officers. The Association shall indemnify, hold harmless
and defend any person, his heirs, assigns and legal representatives, made a party to any action, suit or
proceeding by reason of the fact that he is or was a Director or Officer of the Association, against the reasonable
expenses, including attorneys' fees, actually and necessarily incurred by him in connection with the defense of
such action, suit or proceeding, or in connection with any appeal therein, except as otherwise specifically
provided herein in relation to matters as to which it shall be adjudged in such action, suit or proceeding that
such Director or officer is liable for gross negligence or misconduct in the performance of his duties. The
Association shall also reimburse to any such Director or Officer the reasonable costs of settlement of or
judgment rendered in any action, suite or proceeding, if it shall be found by a vote of the Owners that such
Director or officer was not guilty of gross negligence or misconduct. In making such findings and
notwithstanding the adjudication in any action, suit or proceeding against a Director or officer, no Director or
Officer shall be considered or deemed to be guilty of or liable for negligence or misconduct in the performance
of his duties where, acting in good faith, such Director or officer relied on the books and records of the
Association or statements or advice made by or prepared by the Managing Agent (if any) or any other officer or
employee thereof, or any accountant, attorney or other person, firm or corporation employed by the Corporation
to render advise or service unless such director or officer had actual knowledge of the falsity or incorrectness
thereof; nor shall a Director or officer be deemed guilty of or liable for negligence or misconduct by virtue of
the fact that he failed or neglected to attend a meeting or meetings of the Board of Directors.
Section 15. Bond of Board of Directors. The Board of Directors may provide surety bonds and may require
the Managing Agent (if any), the treasurer of the Association, and any other officers as the Board deems
necessary, to provide surety bonds, indemnifying the Association against larceny, theft, embezzlement, forgery,
misappropriation, wrongful abstraction, willful misapplication, and other acts of fraud or dishonesty, in such
sums and with such sureties as may be approved by the Board of Directors and any such bond shall specifically
include protection for any insurance proceeds received for any reason by the Board. The expense of any such
bonds shall be a Common Expense and paid by the Association.
Section 16. Initial Management. Notwithstanding anything to the contrary contained in this Declaration,
Developer shall have, and Developer hereby reserves to itself, the exclusive right to manage or designate a
Managing Agent for the Real Estate and Common Areas, and to perform all the functions of the Corporation,
until the Applicable Date. Developer may, at its option, engage the services of a Managing Agent affiliated
with it to perform such functions and, in either case, Developer or such Managing Agent shall be entitled to
reasonable compensation for its services to be paid by the Association.
Section 17. Termination of the Initial Board of Directors. The Initial Board of Directors shall hold office
until the first meeting of the members of the Association occurring on or after the Applicable Date. At least
thirty (30) days prior to the Applicable Date the Association shall have a meeting of the Lot Owners at which a
new Board of Directors shall be elected pursuit to the guidelines of the By -Laws. In the event that a Board of
Directors have not been voted in by the Association by the Applicable Date, the Developer shall hire a
Professional Property Agent which shall serve as the Board of Directors until such time as the Association
elects a Board of Directors.
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ARTICLE VII
MORTGAGES
Section 1. Notice to Mortgagees. The Association, upon request, shall provide to any Mortgagee a written
certificate or notice specifying unpaid assessments and other defaults, if any, of an Owner of a Dwelling or Lot
in the performance of Owner's obligations under this Declaration or any other applicable documents.
Section 2. Notice to Association. Any Mortgagee who holds a first mortgage lien on a Lot or Dwelling may
notify the Secretary of the Association of the existence of such mortgage and provide the name and address of
the Mortgagee. A record of the Mortgagee and name and address shall be maintained by the Secretary of the
Association and any notice required to be given to the Mortgagee pursuant to the terms of this Declaration, the
By -Laws of the Association or otherwise shall be deemed effectively given if mailed to the Mortgagee at the
address shown in such record in the time provided. Unless notice of a mortgage and the name and address of
the Mortgagee are furnished to the Secretary, as herein provided, no notice shall he required, and a Mortgagee,
that has failed to provide notice, shall not be entitled to vote on any matter to which it otherwise may be entitled
by virtue of this Declaration, the By -Laws of the Association, a proxy granted to such Mortgagee in connection
with the Mortgage, or otherwise.
Section 3. Mortgagees' Rights Upon Default by Association. If the Association fails (i) to pay taxes or the
charges that are in default and that have or may become charges against the Common Areas, or (ii) to pay on a
timely basis any premium on hazard insurance policies on Common Areas or to secure hazard insurance
coverage for the Common Areas upon lapse of a policy, then the Mortgagee holding a mortgage on any Lot or
Dwelling may make the payment on behalf of the Association.
ARTICLE VIII
MISCELLANEOUS
Section 1. Right of Enforcement. Violation or threatened violation of any of the covenants, conditions or
restrictions enumerated in this Declaration or in a Plat of any part of the Real Estate now or hereafter recorded
in the office of the Recorder of Hamilton County, Indiana, or zoning commitment shall be grounds for an action
by Developer, the Association, any Owner and all persons or entities claiming under them, against the person or
entity violating or threatening to violate any such covenants, conditions, restrictions or commitments. Available
relief in any such action shall include recovery of damages or other sums due for such violation, injunctive
relief against any such violation or threatened violation, declaratory relief and the recovery of costs and
attorneys' fees reasonably incurred by any party successfully enforcing such covenants, conditions, restrictions
or commitments; provided, however that neither Developer, any Owner nor the Association shall be liable for
damages of any kind to any person for failing to enforce any such covenants, conditions, restrictions or
commitments.
Section 2. Delay or Failure to Enforce. No delay or failure on the part of any aggrieved party, including
without limitation the Developer, to invoke any available remedy with respect to any violation or threatened
violation of any covenants, conditions, restrictions or commitments enumerated in this Declaration or in a Plat
of any part of the Real Estate or otherwise shall be held to be a waiver by that party (or an estoppel of that party
to assert) any right available to it upon the occurrence, recurrence or continuance of such violation or violations.
Section 3. Severability. Invalidation of any of the covenants, restrictions or provisions contained in this
Declaration by judgment or court order shall not in any way affect any of the other provisions hereof, which
shall remain in full force and effect.
Section 4. Titles. The underlined titles preceding the various paragraphs and subparagraphs of this Declaration
are for the convenience of reference only, and none of them shall be used as an aid to the construction of any
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provisions of this Declaration. Wherever and whenever applicable, the singular form of any word shall be taken
to mean or apply to the plural, and the masculine form shall be taken to mean or apply to the feminine or to the
neuter.
Section 5. Applicable Law. This Declaration shall be governed by the Laws of the State of
Indiana.
Section 6. Access Rights. Developer hereby declares, creates and reserves an access license over and across all
the Real Estate (subject to the limitations hereinafter provided in Article VIII Section 6) for the use of
Developer and its representatives, agents, contractors and affiliates during the Development Period.
Notwithstanding the foregoing, the area of the access license created by this Paragraph shall be limited to that
part of the Real Estate which is not in, on, under, over, across or through a building or other improvement or the
foundation of a building or other improvement properly located on the Real Estate. The parties for whose
benefit this access license is herein created and reserved shall exercise such access easement rights only to the
extent reasonably necessary and appropriate.
Section 7. Signs. Developer shall have the right to use signs during the Development Period and shall not be
subject to the Plat Covenants and Restrictions and this Declaration with respect to signs during the
Development Period. The Developer shall also have the right to construct or change any building, improvement
or landscaping on the Real Estate without obtaining the approval of the Architectural Review Committee at any
time during the Development Period.
Section 8. Sales Offices and Models. Notwithstanding anything to the contrary contained in this Declaration
or a Plat of any part of the Real Estate now or hereafter recorded in the office of the Recorder of Hamilton
County, Indiana, Developer, any entity related to Developer and any other person or entity with the prior written
consent of Developer, during the Development Period, shall be entitled to construct, install, erect and maintain
such facilities upon any portion of the Real Estate owned by Developer or such person or entity as, per the sole
discretion of Developer, may be reasonably required, convenient or incidental to the development of the Real
Estate and the sale of Lots and the construction of Dwellings. Such facilities may include, without limitation,
storage areas, parking areas, signs, model residences, construction offices and sales offices or trailers.
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In Witness Whereof, Declarant has executed this Declaration of Covenants, Conditions and Restrictions for
Gray Oaks this day of , 2014.
Gray Oaks of Carmel, LLC
an Indiana limited liability company.
By:
Its: Member
State of Indiana
County of
) SS:
Before me, a Notary Public in and for said County and State, personally appeared Gray Oaks of Carmel,
LLC, by , its member, who acknowledged the execution of the foregoing document on
behalf of Gray Oaks of Carmel, LLC.
Witness my hand and Notarial seal this day of , 2014.
(signed)
(printed) Notary Public
Resident of County, Indiana
My Commission Expires:
This instrument prepared by Andrew S. Greenwood, Attorney at Law. Telephone: (317) 341 -5909. Attorney ID
#25601 -49
"I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number
in this document, unless required by law. Prepared by Andrew S. Greenwood"
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Exhibit "A"
LEGAL DESCRIPTION
PART OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA,
more particularly described as follows:
Commencing at the Northeast corner of Section 20, Township 18 North, Range 4 East; Thence South 0 degree
15 minutes 46 seconds East, along the East line of said Section, a distance of 679.02 feet to the PLACE OF
BEGINNING; Thence continuing South 00 degree 15 minutes 46 seconds East, along the East line of said
Section, a distance of 947.36 feet; Thence North 89 degrees 21 minutes 16 seconds West, a distance of 1326.25
feet to a point along the West line of the East Half of Section 20; Thence North 00 degree 10 minutes 41
seconds West, along the West line of the East Half of Section 20, a distance of 618.37 feet; Thence South 89
degrees 21 minutes 16 seconds East, a distance of 662.66 feet to a point along the East line of the West Half of
the Northeast Quarter of said Section; Thence North 00 degree 13 minutes 14 seconds West, along the West
Half of the Northeast Quarter of said Section, a distance of 328.97 feet; Thence South 89 degrees 21 minutes 16
seconds East, a distance of 662.42 feet to the PLACE OF BEGINNING.
CONTAINING 23.822 ACRES [1,037,676 SQ.FT.], more or less.
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Exhibit "B"
GRAY OAKS -- DESIGN GUIDELINES
STRUCTURE AND DESIGN STANDARDS AND PROVISIONS
Homes in the Gray Oaks Subdivision shall maintain a consistent architectural style, in both form and trim,
throughout. The trim shall be present on all sides of the building, as appropriate. Appropriateness shall be
defined as utilizing features and forms that are considered typical to the chosen architectural style, and shall be
determined by Developer or Committee review. All building elements are subject to the most current edition of
the Indiana Building Code.
A. SITE DESIGN
1. Buildings shall be designed and sited in such a way as to maximize solar gain and privacy.
2. Site design shall be context - sensitive with regards to existing natural features.
B. BUILDING SCALE /MASSING
1. Building character, scale, and mass shall be similar to existing buildings. This may be accomplished through siting,
setback, buffering, driveway location, height, and other elements.
2. Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished by including the following
features:
a. Variations in height and depth
b. Windows and door openings
c. Changes in roof line or height
d. Details and trim appropriate to the style and mass of the building
e. Use of different materials, textures, and material placement
f. Placement of landscaping materials and street furniture
g. Balconies, recessed entries, and covered porches
h. Bays and towers
3. All sides of the building shall have similar level of detail and material use.
C. WINDOWS
1. At least two windows shall be present on each facade, and each occupied level, as architecturally appropriate.
One window shall be permitted on half stories.
2. All windows, on all sides of the house, shall have trim as architecturally appropriate.
3. Most Windows shall be operable, to provide for cross - ventilation.
4. Windows and trim must be framed in wood or aluminum -clad wood, except for fiberglass bathroom windows.
5. Vertical, rectangular double -hung or casement windows are required to be the dominant window type. These may
be used in multiple sets to create larger expanses of window area.
D. ENTRYWAYS
1. Entryways shall be clearly visible and shall be the dominant feature of the front facade, or the side facade.
2. Porches shall be a minimum of seven feet deep for a majority of the porch width, and shall be provided where
architecturally appropriate.
3. Covered porches facing the street on the first floor of the structure are required and must be a minimum of seven
feet deep except directly in front of the door where they may be a minimum of five feet deep. All front porches must be
a minimum of seventy -five (75) square feet in size.
4. Uncovered decks are not allowed in the front yard.
5. Side lights or glass panes should be provided at front door, to allow illumination and to allow residents to see
outside.
6. Front doors materials include fiberglass, painted steel, and wood.
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E. CHIMNEYS
1. Chimneys shall extend fully to the ground, and above the eaves, if external. Direct vent fireplace are not required
to have a chimney
2. Chimneys shall be made of masonry or stucco material or panels, or material with a similar, durable appearance.
Hporizontal Siding is not a permissible material.
3. "Shed- style" or bump -out chimneys shall not be permitted.
4. Chimneys must be capped.
F. GARAGES
1. Garages shall not be the dominant feature of the front facade.
2. If off -set or side - loading, the facade facing the street shall have at least one window.
3. The garage, if front - loading, shall comprise no more than 30% of the main front facade.
G. FOUNDATIONS
1. If building foundations are to be exposed, they shall be finished with stone, brick, brick -form poured concrete,
fieldstone, or split -face block, and shall remain unpainted.
2. Wall cavities of foundation walls constructed of brick veneer extending below grade shall be grouted solid up to
the flashing, with weep holes above. Weep holes shall be unobstructed by mulch or soil. Such flashing shall be 6 -12"
above grade.
3. Surface- applied waterproofing shall not be exposed unless it matches the concrete.
H. ROOFLINES
1. Roofs shall have minimum 12" overhangs, except where there are bracketed gables, on all sides of the structure,
if architecturally appropriate.
2. Dormers and gables should be used to help break long roof lines. If used, they shall have attic bands, windows,
and /or decorative attic vents.
3. Vents and stacks shall be painted to match the roof, or painted black, and shall not be visible from the public right -
of -way.
4. Roofs may be made of dimensional shingles, glazed clay, standing -seam metal, slate /faux slate, or fire - protected
wood shingles.
5. Solar shingles and panels are strongly encouraged; if used, they shall be placed as unobtrusively as possible
while maximizing solar gain.
6. Gutters and downspouts or rain chains shall be provided.
7. The primary roof slope shall not be less than 6/12.
8. Maximum Building Height: Thirty (30) feet to the midpoint of the cornice and the ridgeline.
I. MATERIALS
1. If more than one material or color is used, the transition between materials and /or colors shall be logical, i.e. to
highlight an architectural feature. If a material such as brick or stone is used on the front facade but not the side
facades, a logical transition with trim, such as quoins, shall be provided. Vinyl siding shall be prohibited.
2. If EIFS or dryvit are used, they should be used only as trim materials, or placed above the first floor to limit
damage.
3. All sides of the Principal and Accessory Buildings must be clad in wood, brick, stone, or fiber cement siding.
Similar materials must be used on all sides of the building if architecturally appropriate.
4. Garages and other Accessory Buildings shall use exterior materials similar to the Principal Building.
J. DETAILS & TRIM
1. Architectural trim and details are encouraged on all dwellings. If such details are used, they shall be used
consistently on all sides of the building if architecturally appropriate and shall be balanced with regards to placement
and scale. Suitable elements include, but are not limited to:
• Quoins
• Pilasters
• Eaves of at least 12" in depth
• Corner boards, gable boards, and barge boards
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• Pediments
• Lintels and sills
• Soldier coursing
• Balustrades
• Friezes, cornices, dentils, modillions, etc
• Brackets
• Shutters. If shutters are used, they should be appropriately scaled to the windows, and be functional or appear to
be functional if architecturally appropriate.
• Buildings with clapboard or similar facades shall have all openings trimmed with wood trim at least 4" nominal
width, and corners trimmed with wood at least 6" nominal width.
K. LANDSCAPE & LIGHTING
1. A paved walkway from the porch or front door to the front sidewalk is required.
2. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground
cover,
trees, flowers and /or grass.
3. Exterior lighting is restricted to lamps mounted on the building, seven -foot (7') maximum - height pole- mounted
decorative lights, and low- wattage landscape lighting.
4. Fences are not allowed forward of the Front Line of the Principal Building.
5. Dumpsters and trash receptacle must be screened from view.
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