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HomeMy WebLinkAboutDeclaration of Covenants ~\ DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF LONG BRANCH ESTATES DOCS THIS DECLARATION (hereafter "Declaration"), made this 21.J~ay of -.J~V&'MB eIL-, 200 I, by NORTHSIDE INVESTMENTS, LLC (hereafter "Declarant"); WITNESSETH: WHEREAS, Declarant is the owner of certain real estate, located in Hamilton County, Indiana, which is more particularly described in what is attached hereto and incorporated herein by reference as Exhibit "An (hereafter "Real Estate"), upon which a residential subdivision known as Long Branch Estates (hereafter "Development") will be developed; WHEREAS, the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "B" shall hereafter be referred to as the "Additional Real Estate". WHEREAS, Declarant desires to subdivide and develop the Real Estate and Declarant may, in the future, desire to subdivide and develop such portions (or all) of the Additional Real Estate as may be made subject to the terms of this Declaration, as hereinafter provided; WHEREAS, the term" Property" shall hereafter mean and refer to the Real Estate together with such portions of the Additional Real Estate as have from time to time been subjected to this Declaration. NOW, THEREFORE, the Declarant hereby declares that all of the Lots (hereafter defined) in the Property, as they are held and shall be held, conveyed, hypothecated, or encumbered, leased, rented, used, occupied, and improved, are subject to the following restrictions, all of which are declared to be in furtherance of a plan of the improvement and sale of the Property and each Lot situated therein, and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property as a whole and each of the Lots situated therein. This Declaration shall run with the Property and shall be binding upon the Declarant, its successors and assigns, and upon the parties having or acquiring any interest in the Property or any part or parts thereof subject to these restrictions. The restrictions shall inure to the benefit of the Declarant and its successors in title to the Property or any part or parts thereof. As of the date of execution hereof, the Property consists solely of the Real Estate. The Owner of any Lots subject to these restrictions, by (i) acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Declarant, a Builder, or a subsequent Owner of such Lot or (ii) the active occupancy of any Lot,'shall accept such deed, execute such contract and/or actively occupy such Lot subject to each restriction and agreelnent herein contained. Declarant shall have the right, and hereby reserves on to itself the right, at any time, and from time to tilne, at any time prior to the expiration of the Development Period, to add to the Property and subject to this Declaration all or any part of the Additional Real Estate. Any portion of the Additional Real Estate shall be added to the Property, and therefore and thereby becolnes a part of the Property and subject in all respects to this declaration and all rights, obligations, and privileges herein, when Declarant places of record in Hamilton County, Indiana an instrument so declaring the saIne to be part of the Property, which supplementary declaration (hereafter "Supplementary Declaration") may be as part ofa subdivision plat for to the Zoning Ordinance of the City of Carmel, Indiana, may be constructed thereon. No portion of any Lot rrtay be sold or subdivided such that there will be thereby a greater number of Residences in Long Branch Estates than the number of Lots depicted on the Plat. Notwithstanding any provision in the applicable zoning ordinance to the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and necessary to single family dwellings. Section 2.2 Other Restrictions. All Property shall be subject to the easements, restrictions, and limitations of record appearing on a Plat and amendments thereto, on recorded easements, and rights-of-way, and also to all governmental zoning authority and regulation affecting the Property, all of which are incorporated herein by reference. ARTICLE III EASEMENTS Section 3.1 Designated Easements. The following are easements designated or to be designated, in the Declarant's sole discretion, upon a plat: (A) Designated Drainagell Utilitvll and Sewer Easements. There are strips of ground designated on the Plat as drainage easements, utility easements, sewer easements, sanitary sewer easements and storm sewer easelnents, or any combination thereof, which are hereby reserved to the appropriate governmental entities, public utilities, and private utilities for the installation and maintenance of swales, ditches, pipes, drains, sanitary sewers, Inanholes, detention and retention areas or other drainage facilities. Purchasers of Lots in this subdivision shall take title subject to such easements hereby created and subject at all times to the rights of proper authorities to service and maintain such drainage facilities and easements, and no pennanent structure of any kind and no part thereof except fences which do not retard or impede the flow of drainage water and which are approved pursuant to Section 5.6 below, shall be built, erected or maintained on said drainage easements, except by the Declarant or its assigns. It shall be the responsibility of the Association and the Owners of the areas enclosed within such easements to Inaintain such areas in such conditions that the flow of stonn drainage waters on, across and from said areas shall not be ilnpeded, diverted or accelerated. Such use for stonn water movement or retention or detention is hereby declared to be an easement and servitude upon said land for the benefit of the Owners of other land included within the Plat, upstream or downstream, affected by such use and for any proper governmental agency or department or any private or public utility. All proper governmental agencies or departments and public and private utilities are hereby given the right to obtain access to such areas to perform maintenance and to perform such maintenance as may be necessary to protect that easement and servitude rights. It shall be the responsibility of the Association and the OWner of any Lot or parcel of land within the Plat to comply at all titnes with the provisions of the drainage plan as approved for the applicable Plat by the appropriate governlnental agency or departlnent and the requirelnents of all drainage permits for such Plat issued by those agencies. Failure to so comply shall operate as a waiver and release of the Declarant, the developer, or their engineers and agents frOlTI all liability as to damage caused by storm waters or storlTI drainage. 4 (d) the construction, maintenance, or erection of any sign or billboard on the Conservation Easement, except for the posting of "No Trespassing" sign s. 2. Declarant hereby reserves the right to install util ities and erosion control structures or devices in the Conservation Easement, and to enter onto the Conservation Easement to remove dead, dying 'or diseased trees, or to prevent imminent hazard or fire. 3. The Association shall enforce the provisions of this Section 3.1.C. Such enforcement rights shall include the right to enter onto the Conservation Easement in order to monitor compliance with and enforce the terms of this Section, including the right to repair any damage to the Conservation Easement. Any Owner that violates the provisions of this. Section shall reilnburse the Association for the cost incurred by the Association (i) to enforce the provisions of this Section, including reasonable attorney fees, and (ii) to repair any datnage to the Conservation Easement, including the replacement of any destroyed or damaged trees or vegetation. Such amount shall be a lien on the violating Owner's Lot, which may be foreclosed by the Association in the same manner as delinquent dues provided herein. (D) Easement Work. Notwithstanding any architectural approval under Article VII below, during the course of any maintenance, service, repair or work upon any easement., the Declarant, the Association, any private utility, any public utility, and/or any governlnental entity shall have the right and the authority, without any obligation or liability whatsoever to any owner, to relnove, datnage, or destroy any fence or other structure orlandscaping built, erected, maintained or planted in any easement described in Section 3.1 (A) above and without any obligation of replacement. Section 3.2 General Drainage Utility Sewer and other Development Easelnents. The following rights reserved in this Section shall not be exercised, after the conveyance of any Lot, in a Inanner that (i) unreasonably and adversely affects any Residence or portion thereof located upon such Lot or the Owner's use or enjoyment thereof, or (i i) unreasonably restricts the rights of ingress and egress to such Lot. The following rights and easements reserved by Declarant in th is Section shall run with the land, and Declarant's right to further alter or grant easements shall au~omatically terminate and pass to the Association one (1) year after Declarant shall have conveyed the last Lot within the Property. (A) Declarant hereby reserves unto itself during the Development Period, and thereafter unto any public or private utility, a general easement ("Drainage, Utility and Sewer Easelnent") for drainage, utility and sewer purposes in, on and over all of the Common Area and any Lot, so as to perlnit Declarant to properly install and allow to be maintained all electrical, telephone, water, gas, sanitary and storm sewer, television (including but not lilnited to cable and/or satellite) translnission facilities, security systems and other utility services (including all necessary lines, pipes, wires, cables, ducts, antennae and other equipment and facilities) to serve any Residence. Any Drainage, Utility, Sewer and other Development Easement shall include all areas of the Property outside any Residence, with the exception of any areas covered by chimneys, or patios. Improvements or permanent structures installed within the COlnmon Area are subject to the rights (including the right tOi relnove where reasonably necessary 'without duty of replacement or reimburselnent) of the 6 (b) Signs. Except for such s.igns as Declarant may in its absolute discretion display in connection with the identification of development of Long Branch Estates and the sale of Lots therein, no sign of any kind shall be displayed to the publ ic view of any Lot except that one (1) sign of not more than four (4) square feet Inay be displayed at any titne for the purpose of advertising the property for sale, or Inay be displayed by a builder to advertise the property during construction and sale. (c) Fencing. This subsection is applicable to all Lots except those Lots which are used for a sales office or Inodel hOlne by the Declarant or a Builder. No fence, wall, hedge, or shrub planting higher than eighteen (18) inches shall be permitted between the front property line and the front building set back line except where such planting is part of Residence landscaping approved by the Architectural Review Committee and the prime root thereof is within six (6) feet of the Residence. Corner Lots shall be deemed to h.ave two (2) front property lines. Trees shall not be deemed "shrubs" unless planted in such a Inanner as to constitute a "hedge". All fencing shall be wrought iron in appearance, unless approved by the COlnmittee.AII fencing on a Lot shall be uniform in height, style, and color and substantially similar in material. No fence shall be erected or maintained on or within any Landscaping Easement except such as may be installed by Declarant and subsequently replaced by the Association in such manner as to preserve the uniformity of such fence. No fence may be erected on a Lot without prior approval of the Committee, which shall approve or disapprove the location of all fences; provided, however, that all fencing erected on a Lot Inust be erected e'ither (i) within three (3) inches of the property line of such Lot, or (ii) Inore than ten (10) feet from the property line of such Lot. Owners of Lots adjoining Lots on which a fence is erected within three (3) inches of the property line shall have the right to connect a fence to the fence on the adjoining Lot if the new fence satisfies all of the criteria expressed herein and is approved by the Committee. The Comlnittee may establish further restrictions with respect to fences, including limitations on (or prohibition of) the installation of fences in the rear yard of a Lot abutting a Lake and design standards for fences. All fences shall be kept in good repair. No fence, wall, hedge, or shrub planting, or tree foliage which obstructs sight lines at elevations between two (2) and six (6) feet above the street shall be placed or permitted to remain on any corner Lot within the triangular area formed by the Lot lines at the streets and a line connecting points 25 feet from the intersection of said street Lot lines; and, the same rule shall apply to the intersection ofa driveway with a street, in which case the edge of the driveway pavelnent shall be substituted for one of the street Lot lines. (d) Nuisances. No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be, or may becolne, an annoyance or nuisance to the neighborhood. Violation of any ordinance governing noise, building or lot maintenance, or any other public nuisance shall be deemed to be a nuisance creating rights in every affected Owner, the Declarant, and/or the Association, as the case may be, to enforce the provisions hereof against the offending Owner. Barking dogs shall constitute a nuisance. In the event of successful enforcement by an Owner, the Declarant, or an Owner of the provisions thereof, the offending Owner shall be liable to the prevailing party for attorneys' fees, court costs, and all other costs and expenses of litigation and collection in connection therewith. (e) Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for 11 trash. Rubbish, garbage or other waste shall be kept in sanitary containers out of public view except not Inore than 24 hours prior to its removal thereof, when itlnay be placed at the curb of the Lot. All equipment for storage or. disposal of such materials shall be kept clean and sanitary. (f) Livestock and Poultry. No animals, livestock or poultry of any kind 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 any commercial purpose. The owners of such permitted pets shall confine them to their respective Lots such that they will not be a nuisance. Owners of dogs shall so control or confine them so as to avoid barking which will annoy or disturb adjoining Owners. Unless permitted by the Board of Directors of the Association, no Owner shalllnaintain Inore than two (2) of the saine type (dog, cat, bird) of pet nor more than four (4) total pets; provided, however, that fish which are located in indoor aquariums and which pose no risk to the public health shall not be considered pets for the purpose of this restriction. No dangerous or potentially dangerous pets, such as exotic animals (large wild cats, wolves, alligators, snakes which are poisonous or longer than two feet, poisonous spiders, etc.) shall be permitted. to exist in a Residence or on a Lot without the unanimous consent of the Architectural Rev.iew Committee and the Board of Directors; provided, however, that the decision of the Board of Directors to perm it such anilnal or animals may be overturned by a majority vote of the Members at any meeting. (g) Outside Burning. No trash, leaves, or other Inaterials shall be burned upon a Lot unless the smoke therefrom would not blow upon any other Lot. Owners shall use appropriate incinerators and shall at all times be in compliance with all applicable legal requirements for outside burning. (h) Antennas and Receivers. No antenna, satellite dish, or other device for the translnission or reception of radio, television, or satellite signals or any other fonn of electrolnagnetic radiation shall be erected, used or maintained outdoors and above ground, whether attached to a building or otherwise, on any part of the Property, including Lots, without the written approval of the Architectural Review cOlnmittee, which approval shall not be unreasonably withheld; provided, however, that any such device may be installed and Inaintained on any Lot without the necessity of such written approval if: (a) it is not visible from the neighboring Lots, streets or Common Area; or (b) the Owner, prior to installation, has received the written consent of the Owners of all Lots who would have views of the device from their Lots; or (c) the device is virtually indistinguishable frolTI structures, devices, or improvements, such as heat pumps, air-conditioning units, barbecue grills, patio furniture, and garden equipment, which are not prohibited by these covenants or Bylaws, or (d) it is a satellite dish 1 meter.9r less in diameter and not affixed to the roofofa residence; or (e) if prohibition of the installation, use, and maintenance of such device is specifically preempted and superseded by applicable governmental authority. (i) Exterior Lights. Except on Lots on which there is maintained a sales office or ITIodel home by the Declarant or a Builder, no exterior lights shall be erected or Inaintained between the building line and rear lot line so as to shine or reflect directly upon another Lot. 12 (j) Electric Bug Killers. Electric Bug Killers, "zappers", and other similar devices shall not be installed at a location or locations which result in the operation thereofbecom ing a nuisance or annoyance to other Owners, and shall be operated only when outside activities require the use thereof and not continuously. (k) Tennis Courts. No tennis court shall be installed or maintained on any Lot without prior written approval from the Declarant or the Committee. (I) Swimming Pools. No swimming pool or equipment or building related thereto shall be constructed without the prior approval of the Committee. The Architectural Review Committee may require, as a condition to the location of a swilnming pool on a Lot, that the Owner install a mechanical pool cover. If the Board imposes such requirement, then a mechanical pool cover of a type and manufacture approved by the Architectural Review COlnmittee shall be installed by the Owner in cOlnpliance with all applicable governmental requirements and all requirements established by the Architectural Review COlnmittee. (m) Vacant Lots. It shall be the duty and obligation of the Owner ofa vacant Lot to maintain such Lot and lTIOW the lawn thereof. Declarant and the Association shall have the right, but not the duty, to enter upon each vacant Lot and to maintain the appearance thereof by cutting weeds, mowing grass, trimming trees, removing debris, installing erosion control devices, and perform ing any other act reasonable under the circulnstances. The Owner shall be responsible for payment of all such expenses upon demand and the Declarant or the Association, as the case Inay be, shall have a lien on such Lot for the paYlnent of such expenses, together with attorneys' fees and all other costs and expenses of litigation and collection which may be incurred in connection therewith. Section 5.15 Association's Right to Perform Certain Maintenance. In the event that the Owner of any Lot shall fail to maintain his or her Lot and any improvements situated thereon in accordance with the provisions of this Declaration, the Association shall have the right, but not the obligation, by and through its agents or employees or contractors, to enter upon said Lot and repair, mow, clean or perform such other acts as Inay be reasonably necessary to make such Lot and improvements situated thereon, if any, conform to the requirements of these restrictions.. The cost incurred by the Association shall be assessed to the Owner. The Owner shall reimburse the Association within thirty (30) days of the date on which the Owner is invoiced by the Association. The Association shall have the right to collect any outstanding maintenance assesslnents in the manner described in Article XI. Neither the Association nor any of its agents, elnployees, or contractors shall be liable for any damage that may result from any maintenance work performed hereunder. Section 5.16 Awnings. Except on Lots on which there is Inaintained a sales office or model hOlne by the Declarant or a Builder, or as approved by the Committee, no metal., wood, fabric, fiberglass or sim ilar type Inaterial awnings or patio covers will be permitted anywhere on the Property. Section 5.17 Diligence in Construction. Subject to inclement weather, every Residence shall be completed within twelve (12) months after the beginning of such construction or placelnent. No improvement which has partially or totally been destroyed by fire or otherwise shall be allowed to relTIain in such state for more than three (3) months from the time of such destruction or damage or, if approval of the applicable casualty insurance is pending, then within three (3) Inonths after such approval is forthcolTI ing. 13 Section 5.28 '. Swimm ing Pools arid Hot Tubs. Only permanent, in-ground pools with professional construction, approved by the Committee, shall be permitted upon a Lot. All sublnittals to the COlnlnittee shaJlinclu1de landscape plans. All backyard pools should be oriented to 'minilnize the potential effect on neighboring properties. All fencing shall conform to county or ITIunicipal regulations and shall be of harmonious design and subject to Committee approvals. Hot Tubs must also be approved by the COlnmittee. Section 5.29 Tennis Courts" Racquetball Courts" Paddleball Courts" etc. Tennis courts, racquetball courts, paddle ball courts, basketball courts, squash courts, and other recreational facilities or sporting facilities will not be permitted without approval from the Committee. All submittals to the Committee shall include landscape plans. Basketball goals may be installed on a lot adjacent to driveway without COin In ittee approval provided that they have white fiberglass or translucent fiberglass or glass backboards. Independent basketball courts Inay not be constructed on a Lot without written Committee approval. No basketball goal <?r backboard shall be permitted to hang from or be affixed to the Residence or garage. Lighted courts of any kind are prohibited. Temporary or portable basketball courts will not be permitted to be located on streets or in cul-de-sacs. Section 5.30. Vents. All metal and PVC roofo~ range vents will be painted to blend with roofcolor. Section 5.31 Windows-Doors. Ifstorm doors are installed, they must be painted to Inatch exterior of the Residence. No unfinished alulninum doors or windows will be allowed. Section 5.32 Street Name Signs. Decorative street name signs that do not conform to Hamilton County Highway Department standards may be installed by Declarant in Long Branch Estates. Such decorative street name signs shall be maintained by the Association, and shall be repaired or replaced by the Association if damaged in accordance with appl icab leru les and regu lations of the Ham i Iton County Highway Department. The Association assumes all liability in the instal1~tion, maintenance and repair of the decorative street signs and agrees to hold Hamilton County, Halniltoli County Board ofComlnissioners and Hamilton County Highway Departlnent hannless related thereto. ARTICLE VI GENERAL PROHIBITIONS Section 6.1' Animals. No animals shall be kept or Inaintained on any Lot except the usual household pets and, in such case, such household pets shall be kept reasonably confined so as not to becolne a nuisance. Excessive barking of a dog(s) or vicious animal(s) shall constitute a nuisance and Inay be ordered relnoved from the Property by the Association. Section 6.2 Exterior Antenna/Dishes. No television, radio or other antennas, nor any obtrusive object may be erected by any Lot Owner on the exterior of a Residence or on a Lot. Satellite dishes of 1 meter (3.281 feet) in diameter or sInaller may be permitted following review of the installation location by the Comlnittee, but in no event will the installation location be permitted to be higher than the roof ridge. Wheneve~ possible, satellite dishes should not be visible froln the street. Section 6.3 Fuel Tanks. All above or below ground storage tanks., with the exception of gas ~torage tanks used solely in connection with gas grills for the purpose of grilling or cooking food, shall be and hereby are prohibited. 16 Section 6.4 Garbage and Other Refuse. No Lot Owner in the Development shall burn or permit the burning out-of-doors of garbage or other refuse, nor shall any such Owner accumulate or permit the accumulation out-of-doors of such refuse, including compost on his or her Lot. Section 6.5 Home Occupations. No Lot or Lots shall be used by an Owner, other than a Builder or Declarant, for any purpose other than as a single-family residence, except that a hOlne occupation, which satisfies the following definition as well as all requirements of the applicable zoning ordinance, may be permitted: any use conducted entirely within the Residence and participated in solely by a melnber of the immediate fatnily residing in said Residence, which use is clearly incidental and secondary to the use of the Residence for dwelling purposes and does not change the character thereof and in connection with which there is: a) no sign or display that will indicate from the exterior that the Residence is being utilized in whole or in part for any purpose other than that of a dwelling; b) no commodity sold upon the prelnises; c) no person is employed other than a Inember of the immediate family residing in the Residence; and d) no Inanufacture or assembly operations are conducted. Provided however, that in no event shall the following or silnilar activities be conducted or considered to be a permitted Home Occupation: child day care, barber shop, styling salon, animal hospital, or any form of animal care or treatment such as dog trimming, or any other similar activities. The foregoing notwithstanding, the Declarant and Builders shall be permitted to operate sales trailers, tnodel homes, and sales offices. Section 6.6 Nuisances. No noxious or offensive activities shall be permitted on any Lot, nor shall anything be done on any of said Lots that may be or may becolne an annoyance or nuisance to the neighborhood. Barking dogs shall constitute a nuisance. (A) Drainage swales (ditches) along dedicated roadways and within the right-of-way, or on dedicated drainage easements, are not to be altered, dug out, filled in, tiled, or otherwise changed, without the written permission of the appropriate jurisdictional agency and the Declarant. Property Owners must maintain these swales as grassways or other non-eroding surfaces. Any damage to swales or drainage structures must be repaired or replaced by the Lot owner. (B) Any Owner or Builder altering, changing, or damaging these drainage swales or ditches will be held responsible for such action and will be given ten (10) days notice, by registered mail, to repair said damage, after which time, ifno action is taken, the appropriate jurisdictional agency, Declarant or the Association will cause said repairs to be accolnplished and the invoice for such repairs will be sent to the responsible Owners for ilnmediate payment. Ifimlnediate paYlnent is not received by the Association, the Association shall have all the rights and remedies to coIlect any outstanding amounts as outlin~d hereafter in Article XI of this Declaration. Section 6.8 Roofing Materials. The roofing Inaterials on all Residences within each Section of the Development shall be similar in color, and shall be of a quality, style and composition acceptable to the Declarant during the Development Period and, thereafter, the Comlnittee. Section 6.9 Signs. No signs or advertisements shall be displayed or placed on any Lot or other structures in the Property, except Residence or Lot sales signs and directional sales signs, except with the approval of the Committee. 17 days, then said request shall be considered DENIED. Section 7.5 Exercise of Discretion. Declarant intends that the members of the Comm ittee exercise discretion in the performance of their duties consistent with the provisions hereof, and every Owner by the purchase of a Lot shall be conclusively presumed to have consented to the exercise of discretion by such nlelnbers. In any judicial proceeding challenging a determination by the COlnmittee and in any action initiated to enforce this Declaration in which an abuse of discretion by the COlnmittee is raised as defense, abuse of discretion Inay be established only if a reasonable person, weighing the evidence and drawing all inferences in favor of the Committee, could only conclude that such determination constituted an abuse of discretion. Section 7.6 Inspection. The Committee may inspect work being performed without the Owner's permission to assure compliance with these restrictions and applicable regulations. Section 7.7 Liability of Committee" Declarant Developer. Neither the COlnmittee nor any agent thereof, nor the Declarant, or Association shall be liable in any way for any costs, fees, dalnages, delays, or any chargrs or liability whatsoever relating to the approval or disapproval of any plans sublnitted to it, nor shall the Committee, Association or Declarant be responsible in any way for any defects in any plans, specifications or other materials sublnitted to it; or for any defects in any work done according thereto. . Further, the Committee, Association and/or Declarant make no representation or warranty as to the suitability or advisability of the design, the engineering, the method of construction involved, or the materials to be used. All parties should seek professional construction advise, engineering, and inspections on each Lot prior to proposing construction. Section 7.8 Common Areas" Entrances" Street Signs" and Landscape Easements. None of the following shall be installed or constructed without prior written approval thereof by the COlnmittee: (i) any and all landscaping, fences, structures, lighting, walking trai Is, sidewalks, or other improvements located in any Comlnon Area, landscape maintenance access easement, and/or sign landscape easement, (ii) any entrance monument or signage identifying the Development or any section thereof and/or (ii i) street signage. Section 7.9 Lot Improvements. No dwelling, building structure, fence, deck, driveway, swimm ing pool, rear yard tennis or basketball courts, or itnprovement of any type or kind (including significant landscaping) shall be constructed or placed on any Lot without the prior approval of the COlnlnittee. Such approval shall be obtained only after the Owner of the Lot requesting authorization froln the Committee has Inade written appl ication to the Committee at least thirty (30) days prior to the propo,sed construction. Such written application shall be in the m~nner and form prescribed from time to time by the COlnmittee, and shall by accolnpanied by two (2) complete sets of plans and specifications for any such proposed construction or improvement. Such plans shall include plot plans showing (i) the location of the improvements existing upon the Lot and the location of the improvetnent proposed to be constructed or placed upon the Lot, each properly and clearly designated and (ii) all easements, set backs, and rights-of-way and (iii) any landscape plans required by the Committee. Such plans and specifications shall further set forth the color and composition of all exterior materials proposed to be used and any proposed landscaping, together with any other materials, photographs, or infonnation, which the Committee Iliay require. All building plans and drawings required to be submitted to the COlnlnittee shall be drawn to a scale of~" = l' and all plot plans shall be drawn by a professional to a scale of 1 " = 30', or to such other scale as the COlnmittee shall deem appropriate. It is also recommended that a certified survey be prepared to insure that a resident is not encroaching on an adjacent hOlneowner or in a Common Area. If Owner has encroached on an adjacent 20 (a) Annual Assessments (hereafter defined); (b) One-Time Assessment (hereafter defined); (c) Special Assessments (hereafter defined) for costs of enforcement of the Declaration, capital improvements and operating deficits, copies of Association documents if requested by a Inember, and such assessments to be established and collected as hereinafter provided or established by the Board; and (d) Violation Assessments (hereafter defined) levied for a violation of this Declaration. Section 11.2 Annual Budget. By majority vote of the Board of Directors, the Board of Directors shall adopt an annual budget for the subsequent fiscal year, which shall provide for the allocation of expenses in such a manner that the obligations imposed by the Declaration and all Supplelnental Declarations can effectively be met. Section 11.3 Annual Assessment. (A) AlTIOunt. The Annual Assessment provided for herein ~haIl be per calendar year and shall commence for each Lot on the date of closing of the sale of a Lot to an Owner other than Declarant or a Builder. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner other than Declarant or a Builder, the maximum Annual Assessment shall be $675.00 per Lot per year. The Annual Assessment for the calendar year shall be pro-rated to year-end. The Board of Directors shall fix any increase in the amount of the Annual Assessment at least thirty (30}days in advance of the effective date of such increase. The initial due date for annual assessments shall be January 1 st, and such assesslnent shall be subject to collection and-late charges beginning on January 31 st. (B) Purpose of Assessments. The annual assessment levied by the Association shall be used in the reasonable discretion of the Board of Directors to fulfill the duties and obligations of the Association specified in this Declaration. (C) Method of Assessment. By a vote of a majority of the Board of Directors, the Board of Directors shall, on the basis specified in Section 11.7 below, fix the Annual Assessment for each assesslnent year at an amount sufficient to meet the obligations imposed by this Declaration upon the Association. The Board during any calendar year shall be entitled to increase the Annual Assessment for that year if it should determine that the estimate or current assessment is insufficient for that year, provided that the Board shall give at least thirty (30) days advance notice thereof to the Owners. The Board of Directors shall establish the date(s) the Annual Assessment shall become due, and the Inanner in which it shall be paid. Section 11.4 One-time Assessment. Upon (i) the closing of the initial conveyance of each Lot by Declarant to an Owner other than a Builder, or (ii) the sale of each Lot by a Builder (either by deed or by installment sale, conditional sale or land-contract sale), the purchaser of such Lot shall pay to the Association, in addition to any other amounts then owed or due to the Association, as a contribution to its working capital and start-up fund, an amount of Two Hundred Fifty Dollars ($250.00) against such Lot, which payment shall be non-refundable and shall not be considered as an advance payment of any assesslnent or other charge owed the Association with respect to such Lot. Such working capital and start-up fund shall be held and used by the Association for payment of, or reimbursement to Declarant for advances 24 made to pay, expenses of the Association for its early period of operation' of the Developlnent, to enable the Association to have cash available to Ineet unforseen expenditures, or to acquire additional equiplnent or services deelned necessary by the Board. Section 1].5 Special Assessment. In addition to such other Special Assessments as may be authorized herein, the Board of Directors may levy in any year a Special Assessment(s) for the purpose of ~nforcing these covenants and restrictions, for legal expenses, for collection expenses, other activity that is the responsibility of an Owner hereunder but which such Owner has not undertaken as required hereunder, for 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 and/or for operating deficits which the Association may froln time to time incur, provided that any such assessment shall have the assent of a majority or the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Section 11.6 Violation Assessment. In addition to all other assessments as be authorized herein, the Boardl of Directors may levy a Violation Assessment to an Owner, (i) for a violation against this Declaration or (ii) for dalnages if any portion of the Comlnon Area that the Association is obligated to maintain, repair and/or replace is damaged due to the willful or negligent act or om ission of such Owner or Owner's guest or invitee. In the event of such damage, the Board shall have the right to undertake the necessary Inaintenance, repair or replacement. The choice between repair or replacelnent is in the sole discretion of the Board. Section I 1.7 Basis for Assessment. (A) Lots Generally. Each Lot owned by a person other than Declarant or a Builder shall be assessed at a uniform rate without regard to whether a Residence has been constructed upon the Lot. (8) Lots Owned by Declarant or Builder. Declarant and any Builder shall not pay the Annual Assessment and Special Assessment so long as any Residence constructed upon a Lot by Declarant or a Builder has not been either conveyed to an Owner intending to occupy or rent said Residence as a residence or leased to an individual or an entity for use as a Residence. Section 11.8 Deficit. The Class A Members shall be indebted to Declarant in an amount, measured and existing on the Effective Date, equal to the amount loaned by Declarant to the Association prior to the Effective Date to fund the Association's operating deficits (the "Indebtedness"). Prior to the Effective Date the Association, by and thru the Class B Member, shall execute and deliver to the Declarant a promissory note in the alTIOunt of the Indebtedness, which shall be paid in 60 equal, ITIonthly paYlnents, cOlnmencing thirty (30) days after the Effective Date, together with interest at the rate of eight percent (8%) per annuln. Section 11.9 Notice and Due Date. Written notice of special assesslnents and such other assesslnent notices as the Board of Directors shall deeln appropriate shall be delivered to every Owner subject thereto. The due dates for all assesslnents shall be established by the Board of Directors. Section 11.10 Collection. All Assessments, together with interest thereon, attorneys fees, and other costs of collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Assesslnent is Inade until paid in full. Each Assesslnent, together with interest thereon and costs of collection thereof, including reasonable attorney fees, shall also be the personal obligation of the Person 25 Exhibit B (1 of 2) SECTION TWO DESCRIPTION Part of the South Half of the Southeast Quarter and part of the Northwest Quarter of the Southeast Quarter of Section 31, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of the Southeast Quarter of said Section 31; thence North 89 degrees 39 minutes 22 seconds East (assumed bearing) along the South line of said Southeast Quarter 1856.84 feet to the POINT OF BEGINNING; thence North 00 degrees 20 minutes 38 seconds West 120.00 feet; thence North 05 degrees 50 minutes 20 seconds West 151.66 feet to a non-tangent curve to the left having a radius of 315.00 feet, the radius point of which bears North 04 degrees 49 minutes 21 seconds West; thence Easterly alon'9 said curve 19.02 feet to a point which bears South 08 degrees 16 minutes 54 seconds East from said radius point; thence North 08 degrees 16 minutes 54 seconds West 200.00 feet; thence North 01 degrees 06 minutes 03 seconds West 40.00 feet; thence South 88 degrees 53 minutes 57 seconds West 83.42 feet; thence North 81 degrees 29 minutes 07 seconds West 115.29 feet; thence North 89 degrees 52 minutes 38 seconds West 190.00 feet; thence North 74 degrees 07 minutes 27 seconds West 154.15 feet; thence South 83 degrees 59 minutes 06 seconds West 160.05 feet; thence North 75 degrees 19 minutes 49 seconds West 50.00 feet; thence North 47 degrees 49 minutes 49 seconds West 131.11 feet; thence North 20 degrees 19 minutes 49 seconds West 50.00 feet; thence North 07 degrees 10 minutes 11 seconds East 131.11 feet; thence North 34 degrees 40 minutes 11 seconds East 50.00 feet; thence North 61 degrees 00 minutes 33 seconds East 121.73 feet; thence North 89 degrees 52 minutes 38 seconds West 82.86 feet; thence North 75 degrees 18 minutes 46 seconds West 496.33 feet; thence North 14 degrees 41 minutes 14 seconds East 150.00 feet; thence South 75 degrees 18 minutes 46 seconds East 13.23 feet; thence North 14 degrees 41 minutes 14 seconds East 200.00 feet; thence South 75 degrees 18 minutes 46 seconds East 106.39 feet; thence North 01 degrees 43 minutes 08 seconds West 24.84 feet; thence South 89 degrees 26 minutes 10 seconds East 343.49 feet; thence North 67 degrees 24 minutes 32 seconds East 180.91 feet; thence South 89 degrees 52 minutes 38 seconds East 50.16 feet to the East line of the Northwest Quarter of the Southeast Quarter of Section 31; thence South 00 degrees 07 minutes 22 seconds West along said East line 141.99 feet to the Northwest corner of the Southeast Quarter of the Southeast Quarter of said Section 31; thence North 89 degrees 41 minu,es 14 seconds East along the North line of said Quarter Quarter Section 1319.00 feet to the Northeast corner thereof; thence South 00 degrees 00 minutes 09 seconds West along the East line of said Quarter Quarter Section 1315.58 feet to the Southeast corner of the Southeast Quarter of said Section 31; thence South 89 degrees 39 minutes 22 seconds West along the South .line of said Southeast Quarter 786.70 feet to the POINT OF BEGINNING, containing 43.285 acres, more ~r less.