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HomeMy WebLinkAboutCovenants - RECORDEDL -A C- CORCLARATION OF COVENANTS, �.0 yy COVENTI.NTS, CONDITIONS ANL FOR F�� 1-11GH GROVE THIS DECLARAT 16N (hereinafter called "the Declaration" or "this Declaration made this day of ,r 2000, b Est Deve Company, In WITNESSETH. WHEREAS, Declarant is the owner of the real estate in Hamilton County, Indiana, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the "Real Estate and WHEREAS, Declarant is in the community to 1wn as Rig. the Real tstate a residential WHEREAS, Declarant values and amenities in to this end, Declarant d thereof to the tem3s of i 200000007618 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 02 -18 -2000 At o8;51 au. DEC COV RES 63.00 RESTRICTIONS d enhancement of the es therein contained, and owner of all or part WHEREAS, Declarant de it de` t jar anon of the values and amenities in said comrnuni o cr ch be delegated and assigned the powers of ow t the cowmen facilities NOW, TBIBEFORE, Declarant hereby declares that the Property is and shall be held, transferred, sold, conveyed, hypothecated, encumbered, leased, rented, used, improved and occupied subject to the provisions, agreements, conditions, covenants, restrictions, casements, assessments, charges and liens hereinafter set forth, all of which are declared to be in furtherance of a plan for preservation and enhancement of the Property, and are established and agreed upon for ilia purpose of enhancing and protecting the value, desirability and attractiveness of the Property as a whole and of each of the hots situated therein, and which shall run with the Property and be binding upon all parties having any L W 4 right, title or interest in the Property, their heirs, successors and assigns. ARTICLE I DEFINITIONS Section 1. The following words, when used in this Declaration or any supplemental declaration (unless the context shall prohibit), shall have the follmving meanings: A. "Applicable Date mean the "Applicable Date as defined and detmmi_ned iri accordance with Section 3B of Article III hereof B. "Association" shall mean High Grove Homeowners Association, Inc., an Indiana non profit corporation which Declarant has caused, or will cause, to be incorporated under said name or a similar name, its successors and assigns. C. "Board" or `Board of Directors" shall mean the board of directors of the Association. D "Commoix,Area" shall me ose portions, if the Property shown upon any recorded subdivision plat of p including the initial Plat, W11iCll are not LOts {r o C he i to Te plat any of suet areas as fo Y`Y' er portions thereof (such as streets) which are dedi d to c$ pl heretofore or hereafter recorded, including all Verne true or to be constructed thereon, and (ii) such po of s are tier declared to be "Common Area" by an i ant b larant, whether or not such areas comprise part f n recorded stibdivision plat of the Property. E. "Declarant" shall mean Estridge' arty,10and any successors and assigns of Declarant who it designates Fl ida more written recorded instruments to have the rights of Declarant hereunder, including, but not limited to, any mortgagee acquiring it a e p t ri der, or foreclosure f (or y c p cti o d' u o for los re oe executed by Declar sib, c gage virtue of foreclosure against (or acceptance of a deed in lieu of foreclosure from) the Declarant shall not be deemed to have assumed any prior obligations or liabilities of the Declarant hereunder. F. "Development" shall mean the improvement to the property as designated on the Initial Plat. F. "Development Period" shall mean the period of time beginning with the date of execution of this Declaration and ending with the date the Declarant is no longer the owner of any part of the Property. i r _r.; G. "Home" shall mean a residential housing unit designed or intended for use as living qnarters for one family or housekeeping unit. H. "Initial Plat" shall mean the subdivision plat(s) of the Real Estate I. "Lot" shall mean and refer to any and each plot of land included in the Property (with the exception of Common Area) designed and intended for use as a building site for a Home, and identified as a lot on any recorded subdivision plat of the Property or any part thereof (including initial Plat) J. "Members" shall mean any person or entity holding membership in the Association as provided in Article 1II hereof K "Mortgage shall mean any mortgage or other security instrument by which a Lot or any part thereof or any structure thereon is encumbered L "Mortgagee" shall mean any person Mortgage or any successors or assi Mortgage prior to acquisition o Mortgage M. "Owner" shall mean th fee simple title to any Lot excluding those having suc obligation. N. "Person" whether appeari individual, firm corporation, combination thereof is as the Mortgages under any such h person or entity under such simple Title to erty encumbered by such association, O. "Property" shall mean and refer to the P. "Real Estat c of Indiana, descbed i it'A" a e ao zis or entities, of the Z Tel contract sellers, but orn3armceofan i, shall mean an ither legal entity, or any tL Section 2. Other terms and words defined elsewhere in this Declaration shall have the meanings herein attributed to them. ARTICLE 11 PROPERTY SUBJECT TO THIS DECLARATION Section 1. Declaration. Declarant hereby expressly declares that the Property shall be held, transferred, sold, conveyed and occupied subject to all the terms, covenants, conditions, restrictions and provisions of this Declaration. As of the date of execution of this Declaration, the Property consists solely of the Real Estate. The Owner of any Lot at any time subject to this Declaration, by (i) acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Declarant or a subsequent Owner of such Lot, or (ii) by the act of occupancy of any Lot, shall accept such deed, execute such contract and undertake such occupancy subject to all of the terms, covenants, conditions, restrictions and provisions of this Declaration. By acceptance of such deed, execution of such contract or undertaking such occupancy, each Owner acknowledges the rights and powers of Declarant and of the Association with respect to or under this Declaration, and, for himself, his heirs, personal representatives, successors and assigns, covenants, agrees and consents to and with Declarant, the Association, and the Owners and subsequent Owners-of each of the Lots- affected- by -thi Declaration, to keep, observe, perform and comply with the terms and provisions of this Declaration. ARTICLE HI MEMBERSHIP AND VOTING R1GHTS rN ASSOCIATION Section 1 Membership. Every Owner of a Lot, except as herein provided to the contrary, shall be entitled and required to be a m ssociation. If title to a Lot is held by more than one person, each of F lember. An Owner of more than one Lot shall be entitled t sere shall be req no membership for each such lot. Each such member a to t upon which it is based urant and shall transfer automatic y nv eyance of the title of that Lot, Except as herein a p rt or entity other than an Owner or Declarant may mem ,and embership in the Association may not be tr erred with ansfer of title to a Lot. Section 3 Voting. The Associations shall have two (2) classes of voting lnembersNp, as follows: A. Class A. Class A members shall be all Owners of Lots, with the exception of the Declarant prior to tenninatior. of Class B membership, and shall be entitled to one(1) vote for each lot owned wish respect to each matter submitted to a vote of members upon which the Class A members are entitled to vote. When more than one person holds title to any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one Vote be cast with respect to any one Lot. There can be no split vote. Prior to or at the time of any meeting at which a vote is to be taken, each co -owner or other person entitled to a vote at such meeting shall file with the Secretary of the Association the name of the voting co -Owner or other person entitled to a vote at such meeting, unless such co -Owner or other person has filed a general voting authority with the Secretary applicable to all votes until rescinded. Section 4. Suspension of payment of any amount d of thirty (30) days, or shall Declaration for a period of Association shall be susper current and all defaults rerr ARTICLE 7V PROPERTY RIGHTS Section 1. General Provisions. Inilo hall be in an in the claration for a period i of the terms of this s vote as a member of the ll payments are brought A. All easements described in this Declaration are permanent easements appurtenant, running with the land. They shall at all times inure to the benefit of and be binding on the Owner and the Mortgagee from time to time of any Lots and the Owner and Mortgagee, if any, from tune to time of the Common Area, and their respective heirs, successors, personal representatives or assigns. B. The covenants and restrictions contained in this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Declarant, the Association or the Owner of any Lot subject to this Declaration, their respective personal representatives, heirs, successors and assigns, for an initial term commencing on the date this Declaration is recorded and ending January 1, 2018, ailer which time the covenants and restrictions shall be automatically renewed for successive periods of ten (10) years each, as the same may be amended or modified as herein permitted and provided. Section 212ight of Enjoyment_ Every Owner shall have a non exclusive right and casement of enjoyment in and to the Common Area limited, however, to and for the uses and purposes for which any portion of the Common Area is designed and intended. Such right and easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: A. The right of the Association to pass reasonable rules, with respect to the Common Area, for the health, comfort, safety and ersons using the sane; The right of the Association end the voting fan Owner for any period during which aray assessment t his Lot remains un for a period not to exceed sixty (60) days for a fi lis regulations; C. The right of the Aswci4W4 to this Declaration; and Article IV or epaiQh�hintain, improve and obligations descrt`bed in this B. The Asso q atimftl ri t mort ge o 0 on f the nunon Area for the g t e specified in tron 3A. hereinabove, provided that the rights of such mortgagee in the Common Area shall be subordinate to the rights of the Owners under this Declaration, and provided, further, that the mortgagee' shall have received the prior written approval specified hereinbelow. C. The Association shall have the right to dedicate or transfer all or any part of the Common Area to any governmental subdivision or public agency or utility, and to grant permits, licenses, and easements over the Common Area for utilities and other purposes necessary or useful for the proper maintenance or operation of the project, subject to any prior written approval required herein below. The Association may enter into agreements on behalf of the members for the providing of services and utilities to the property and/or i the members so long as the rates in such agreement(s) are at or below the prevailing market rate for such services in the Greater Indianapolis area, such agreement does not solely benefit the Declarant and in no way should the Board of Directors benefit through the contracts other than by the favorable rates received. D. The Property shall be subject to easements of record on the date the various portions thereof becomc subject to this Declaration, and to any casements in the Common Area which may at any time be granted by Declarant or the Association (subject to the approval referred -to -in the preceding- paragraph to- any-public -or private utilities or governmental bodies for the installation and maintenance of electrical and telephone conduit and lines, gas pipes, sewers or water pipes, eoaXial cable, or any other utility services serving any Lots or the Common Area. E. Anything herein apparently to the contrary notwithstanding, except as otherwise expressly herein provided, no abandonment, partition, subdivision, encumbrance, sale or transfer of the Common Area or other common property or any part thereof shall be effective unless it shall have received approval specified hereinbelow. Section 4. DeciaranVs ?tights. D shall have the ghts as any other Owner as to Lots owned by it from time e, exec as otherwise 'fled herein. In addition, until the last single numbere ce d ntified as a lot on any recorded plat(s) of te Real to ere recorded, including the Initial Plat is coyed t, o til the Applicable Date (whichever event shall first ur), D he ri easement over the Common Area for the corn on of airs to improvements (whether on the Common or u on r portions of the Real Estate, and the right to main d any other portions of the Property other than Lots o y an weer o er th larant) for the purpose of marketing homes, and to invite rt the public or purpose. Section 5. Non Dedication to Public Use contained is this Declaration or in any subdivision plat of any part of the Property shall be construed or be deemed to constitute a ded' ati on ex rew zm lied, any o' e e public or to or for pu I e h al fsu h on ea g reserved to th O rs tI�A s ei a i e bject, however, to the rights of the Association and the Declarant to thereafter dedicate portions of such Common Area to the public or to or for public uses or purposes but only to the extent, and upon all of the conditions, set forth in this Declaration. Section for'UnintentionaI Encroachment. Notwithstanding any other provisions contained herein, in the event that any Home or any improvement to any Dome encroaches upon any part of the Common Area, as a result of construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, then a perpetual easement appurtenant to such encroaching Home shall exist for the continuance of any such encroachment on the Common Area- Section 7. Title to Common Area. Declarant hereby covenants that it shall convey and transfer the Common Area included in and constituting apart of the Real Estate to the Association prior to Declarant's resignation as a Class 8 member. The Common Area so conveyed by Declarant to the Association shalt, at the time of such conveyance, be subject to all easements, covenants, conditions, limitations and restrictions then of record, but shall be free and clear of all liens and financial encumbrances other than the lien of the then current non delinquent installment of real estate taxes and assessments and subsequent installments thereof which shall thereafter be paid when due by the Association ARTICLE V ASS'ESSM ENTS Section 1. Personal Obligations Each Owner of a Lot, by acceptance of a deed or other conveyance therefor, whether or not it shall be so expressed therein, shall be and is deemed to covenant and agree to pay to the Association: (a) annual assessments or Section 2. Purpose of Assessments The assessments levied by the Association shall be I used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Property, to construct, manage, improve, maintain, repair and administer the Common Area and Amenities, and for payment of any other costs and expenses incurred by the Association in connection with the performance of its duties, obligations and responsibilities hereunder. An adequate reserve fund shall be maintained for working capital and for the periodic maintenance, repair and replacement of those improvements and elements of the Common Area, Amenities and any other property that must be replaced on a periodic basis. Such reserve fund shall be maintained out of the regular annual- assessments. Section 3. Annual Assessments. Until December 31, 2000, the maximum annual assessment shall be at the annual rate of Seven Hundred Twenty Dollars ($720.00) per Lot. H- Section 4. Special Assessor Ants autbarized above, the Association may levy, in essm year, a sped essment applicable to that year only for the purpose of in whole or in e t of any construction, reconstruction, repair, reeplacemen Co n Area, Amenities or other such property /improvements for ociation is responsible, provided that any such assessment shalt have the assent of not less than two thirds (2/3) of the total votes of the Ivl bers are o in pe n o p o fled for this purpose Section 5. Notice and Quorum. Written notice of any meeting ofMembers called for the purpose of talang any action authorized under Article V, Sections 3 or 4, shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. At the opening of such meeting, the presence in person or by proxy of Members entitled to cast sixty percent (60 1 /o) of the total votes of the membership shall constitute a quorum_ If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at any subsequent meeting sha11 be one half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Rate'ofAssessment. Both annual, and special assessments must be faced at a uniform rate for all Lots. Annual assessments shall be collected in a lump sum or if the Association so chooses, on a mond dy basis (or other periodic basis, if and as determined by the Board) and special assessments shall be collected as the Board determines. The provisions of this Article V are subject to the provisions of Section 13 of this Article V. Section 7. Commencement of Initial Annual Assessments. The Initial Annual Assessment provided for herein shall commence as to each Lot on the date such Lot is first conveyed by Declarant to an owner other than Developer. The first Owner of each Lot- (other than- the Declarant and the Developer) shall pay -to the Association on the -day— of conveyance to him in advance his share of the Initial Annual Assessment for the balance of the calcndar year in which the conveyance tapes place. Section 8. Commencement of Annual Assessments. By November 1st of each year the Board shall fix the amount of annual assessments against each Lot for the following calendar year and shall send written notice thereof to each Owner. The due date for payment of annual assessments shall be as set by the Board. At the time the Board fixes the amount of annual assessments it sh NWW udget for the following calendar year and cause a copy of such budget in e furnished to each Owner. Section 9. ProofofPayment. written demand of an er or Mortgagee, at any time and for a reasonable ch o s written certificate signed by an officer of the Associ se f e ar y then unpaid annual or special assessments levied t gage t. Such certificate shall be conchisive eviden f pa r s essments not stated therein as unpaid. Section 11. Recording and Enforcement of Liens. To evidence a lien for sums assessed pursuant to this Article, the Association j'nay prepare a written notice of lien setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the Owner of the Lot, the name of the person personally obligated to pay the same and a description of the Lot. Such a notice shall be signed by an officer of the Association and it or a notice of lien or adverse claim thereof may be recorded in the office of the Recorder of Hamilton County, Indiana. No notice of lien shall be recorded until there is a delinquency in payment of the assessment for thirty (30) days. Upon such a delinquency for thirty (30) days, the Association shall proceed promptly to enforce the lien or, in its discretion, to sue the person personally liable to pay the lien for the delinquency. Such lien shall be enforced by action in the same manner in which mortgages on real property may be foreclosed in Indiana_ In any such foreclosure, the person personalty obligated to pay the lien shall be required to pay all costs of foreclosure including reasonable attornoys' fees. All such costs and expenses shall be secured by the lien being foreclosed_ The person personally obligated to pay the lien shall also be required to pay to the Association any assessments against the Lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or -other legal sale and to acquire hold, convey; lease; rent, encumber; use and otherwise deal with the foreclosed interest in the Lot as the Owner thereof. The Association shall, upon written request, report to any ]Mortgagee of a Lot any assessments remaining unpaid for longer than thirty (30) days after the same shall have become due; provided, however, that such Mortgagee first shall have furnished to the Association, written notice of the Mortgage under which it claims and its notice address. Section 12. Subordination of Lien. The lien of the assessments provided for herein shall be subordinate to the Iien of any fwi tt Mo j& r "firs MarfgagP and to tax li and liens for special assessments in fav esszng wait of government The sale or transfer of any Lot shall ct the assessm However, the sale or transfer of any Lot pursual7t to, a e.foreclosure or re provided in a First Mortgage, or any proceedin e e sh lien of such assessments as to charges which were p e p f such sale or transfer shall relieve a Lot from li for eafter oming payable or from the lien thereof or shall reli the p gated ay the same or from personal liability for assess t3 pa le or isfer or acquisition. Any delinquent assessrnen li ishe reason of this provision, may be realloeat on expense. Section 1. The Architectural Review Board. An Architectural Review Board "Comraittec consisting cf two (2) or more persons shall be appointed by the Declarant. Following the end of the Development Period, the Architectural Review Board shall be appointed by the Board of Directors. Section 2. Purpose. The Architectural Review Board shall regulate the external design, appearance, use, location, and maintenance of the Property and of improvements thereon in such manner as to preserve and enhance values and to maintain a harmonious relationship among structures, improvements, and the natural vegetation and topography. Section 3. Conditions. Except as otherwise expressly provided in this Declaration, no improvements, alterations, repairs, change of colors, excavations, changes in grade, planting, or other work that in any way alters any Lot or the exterior of the improvements located thereon from its natural or improved state existing on the date such Lot was first conveyed in fee by Declarant to an Owner shall be made or done without the prior approval of the Architectural. Review Board of a Lot Development Plan therefor Prior to the commencement by any Owner other than Declarant of (i) construction, erection or alteration -of any-Home,- building fence,- wall pool tennis court, -patio or other structure on a Lot or (ii) any plantings on a Lot, a Lot Development Plan with respect thereto shall be submitted to the Architectural Review Board, and no building, fence, wall, Home or other stnlcture shall be commenced, erected, maintained, improved, altered, made or done, or any plantings made, by any person other than Declarant without the prior written approval of the Architectural Review Board of a Lot Development Plan relating to such construction, erection, alteration or plantings. Such approval shall be in addition to, and not in lieu of, all approvals, consents, permits and/or variances required by law from governmental authorities iction, over High Grove, and no Owner shall undertake any cons igh Grove unless all legal requirements have been satisfi Owner shall c to all improvements to a Lot strictly in accordance with Develo went Plana by the Architectural Review Board As used in es include flowers, bushes, shrubs or other plants ha h n ches. Section 6. Application of Guidelines and Standards. The Architectural Review Board shall apply the guidelines and standards established pursuant to Section 5 in a fair, uniform and reasonable marner consistent with the discretion inherent in the design review process. In disapproving any Lot Development Plan, the Architectural Review Board shall furnish the applicant with specific reasons for such disapproval and may suggest modifications in such plan which would render the plan acceptable to the Architectural Review Board ifresubmitted. Section 7. Exercise of Discretion. Declarant intends that the members of the Architectural Review Board exercise discretion in the performance of their duties consistent with the provisions of Section G, and every Owner by the purchase of a Lot --shalt be conclusively- presumed to-have consented to of discretion by such members. In any judicial proceedings challenging a determination by the Architectural Review Board and in any action initiated to enforce this Declaration in which an abuse of discretion by the Architectural Review Board 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 Board, could only conclude that such determination constituted an abuse of discretion_ OTHER RIGHTS Section 1. The Common Are the Owners as set forth in ec the exclusive management col improveuaents (if any) the tine sarne in good order and Suc otherwise herein declared tateec Lots) Shall Include, but not ml Area, Amenities, and all oth p connection with the Comm ASSOCIATION ghts and obligations of )r, and be vested with, ienities and all and shall keep the e saute is not bility of Owners of aau of the Common within or used in Section 2. Services. The Associate for "Cervices of any persons or entities, to manage its affairs, or any p to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the rrwe _c=rag of the P=ortY_ vheth=.%uchoa&owel am-famished or emplo3 contracts. which it necessary or desirable in connection with the operation of the Property, the enforcement of this Declaration or any proceedings or controversy in which the Board determines it is necessary or advisable to have professional advice. the Association may arrange with others to furnish trash collection and other common services to each Lot. Any agreement for professional management of the Property, or any other contract providing for services by Declarant or an entity owned or controlled by the same persons as Declarant, must provide for termination by either party without cause and without payment of a termination fee on ninety (90) days or less written notice and by either party for cause upon thirty (30) days or less written notice and shall have a maximum contract term of one (1) year, but may be renewable by agreement of the parties for successive one year terms. C Section 3. Personal Property for Common Use. The Association may acquire and hold for the use and benefit of all of the Owners tangible and intangible personal property and may dispose of the same by sale or otherwise. Such beneficial interest shall not be transferable except with the transfer of title to a Lot, provided that an Owner may delegate his right of enjoyment of such personal property (if any) to any resident of his Lot. A transfer of title to a Lot shall transfer to the transferee ownership of the transferor's beneficial interest in such property in accordance with the purpose for which it is _intended, without hindering or encroaching upon the lawfal rights -of other Owners. The- trdnsfer of title to a Lot under foreclosure shall entitle the purchaser to the beneficial interest in such personal property associated with the foreclosed Lot. Section 4. Hazard and Liability Insurance for Common Property, The Association shall procure extended coverage insurance on the Common Area, reconstruction of such insurable Common Areas and other common property, including insured improvements. The cost of such insurance shall be assessed as provided in Article V above. Holders of First Mortgages ("First Mortgagees on intly or sbagly, may pay overdue premiums on hazard insurance po i w hazard insurance coverage on the lapse of a policy, for the Co ca and othe on property, and First Mortgagees making such pa shall be owed imrne imbursement therefore from the Association, The a ze'' t o an agreement in favor of all First Mort Mortgag of H est S eirnhtrrcAmPnt Section 1. Upkeep and Mai and maintenance of his Hon not otherwise maintained by iible for the upkeep of his Lot to the extent GENERAL RESTRICTIONS, OBLIGATIONS AND RIGHTS APPLIC LE o P Section I_ CM 4t,, t c on eaIl r or maintained on ea No Home shall be used for purposes other than as a single family residence, nor shall any trade or business of any kind be carried on within a Horne or upon a Lot, nor shall any Lot or any part thereof be leased, sublet, assigned or suffered to be used for transient occupancy, provided that none of the following activities shall be considered a violation of this covenant: A. The maintenance of model Homes and business and sales offices by Declarant or their- designated Builders during the construction and sale periods. B. The maintenance of offices by the Association or its designated manager for purposes of managing of the Properly. Board of Directors. Ali fencing, color, style and its plaeeanent, shall be subject to approval by the Committee. No fence shall be higher than six (6) feet. Fencing style and color shall be consistent with the Property. No chain link fences shall be permitted unless speciat permission is granted by the Architectural Committee and the Board of Directors and then they shall only be utilized for uses such as fencing around tennis courts. No yard ornament shall be allowed on any lot including but not limited to metallic balls, concrete statues, etc. without the approval of the Architectural Review Committee. Section 11. Trash. No Lot shall be used or maintained as a dumping ground for trash. Rubbish, garbage or 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. All rubbish, g,-xbage or other waste shall be regularly removed from a lot and shall not be allowed to accumulate thereon. Section 12. Tanks. There shall be no gas or oil storage tanks used in connection with a Lot. body. No damage to, or w the Coax or r exterior of the Proneranuiiher zh b ted ari O ne or vitee or tenant of any anec>?r sl andhol:es.sstiid the other Owners harmless against all loss resulting from any such damage or waste caused by him or his invitees or tenants, to the Association and other Owners. No noxious, destructive or offensive activity shall be allowed in any Homes, on any Lots or in the Common Area or any part thereof, nor shall anything be done thereon which may be or may become a nuisance to any other Owner or to any other person at any time lawfully residing on the Property. Section 15_ Animals. No animals, rabbits, livestock, fowl or poultry of any bind shall be raised, bred or kept in or on any loot, except that household pets may be kept on Lots, subject to rules and regulations adopted by the Board, provided that they are not kept, bred, or maintained for any commercial purposes; provided, further, that any such pet C. Lease, rental or use of a Nome for purposes consistent with this Section. D. The use of a Home by an Owner for incidental office purposes to the extent permitted by applicable zoning ordinances. Section 2. BAding Setback Lines. Building setback lutes are established on the plat. No building or structure shall be erected or maintained between said setback lines and the front,. rear. or. side lot line (as the case maybe) of said Lot: Section 3. Home Size. Except as otherwise provided herein, no home may be constructed on any Lot unless such Home, exclusive of open porches, attached garages and basements, shall have a minimum ground floor area of 2,500 square feet if one story structure, but in the case of a building higher than one story, there must be at least 1,500 square feet of ground floor area, and the total floor area shall not be less than 2,700 square feet. Section 4. Garagc- No garage sha] e' t, which is not permanently attached to the Nome, and no u wed storage area a erected. No enclosed storage area shall be erected Lot which is not e ly attached to the Home. Section 5. Outbuildings. N I e storage sheds or tool sheds of any kind shall be ted o exc at used by a builder during the construction of orne, struct 'structures shall be promptly removed upon c le ii, e Ho Section 6. Driveways. Each f c ete or asphalt material. Section 7_ Swimming Pools. 1*r e ground swir ol* shall be permitted in the Property.' Section 8. Solar Hit Panels_ No solar heat panels shall be perm tied in the Property. Section 9. A es ll all be s s m m ri str ttte erty. Section 10. Fences Yard Ornam nts. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the street shall be placed or permitted to rernain on any comer lot within the triangular area formed by the street property lines and a line connecting points twenty five (25) feet from the intersection ofsaid lines, or, in the case of a rounded property corner, from the intersection of the street lines extended. The same sight line intersection of a street line with the edge of a driveway pavement or alley Iine. No tree shall be permitted to remain within such distances of such intersections unless the foliage lines are maintained at sufficient height to prevent obstruction ofsuch sight line. No fence may be placed on a Lot abutting a lake that exceeds four (4) feet in height beyond a point fifteen (15) feet from the Home constructed on said Lot, except by special permission granted by the causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the Property subject to these restrictions upon three days' written notice from tt?e Board, and provided further, that upon written request of twenty five percent (25 of the voting power of the Association, the Board of Directors shall have the authority to, and shall order the removal of, any pet. Section 16. Storage. Outside storage of any items, including but without limiting the generality ofthe foregoing, sporting equipment, toys, outdoor cooking equipment, yard ___and. garden tools and equipment and trash and containers; shall not be allowed unless screened from view by enclosures so as to be effectively screened from view outside the lot upon which the same are located, The design of such screened enclosure must be approved by the Association in accordance with the architectural control provisions hereof. The storage or collection of rubbish of any character whatsoever, any material that emits foul or obnoxious odors, the growing of any noxious or illegal weed or other natural substance, and the harboring of the source of any noise or activity which disturbs the peace, comfort or serenity of residents is prohibited. Usual household trash and garbage shall be regularly collected zelst outside only if in. sanitary containers which are so screened. going, no boats, snowmobiles, recreational veW lens, camping �r buses, mobile homes, tractorltrailers, trucks, motom mini op ed or inoperable vehicles, or any other vehicl cL o al passenger automobiles ('including sta a h 'ckups and vans) shall at any time be stored or p on a "arage, n any street within the Property, or on any part of Co ane or temporarily- Section 19. Yard Lights. Each owner or his builder shall install and maintain in operable condition a pole light on the Lot having a height and of a type, style and manufacture approved by the Architectural Review Board prior to the installation thereof. Each such light fixture shall also have a bulb of a wattage approved by Architectural Review Board to insure uniform illumination on each Lot and shall be equipped with a photo electric cell or similar device to insure automatic illumination from dusk to dawn each day- Yard lights shall be installed behind sidewalks and not farther from back of curb than ten (10) feet_ Section 20. Mailboxes. All mailboxes installed upon Lots shall be uniform and shall be of a type, color and manufacture approved by the Architectural Review Board. Such mailboxes shall be installed upon posts approved as to type, size and Iocation by the Architectural Review Board. Section 21. Basketball Goals. No basketball goal shall be placed or maintained in the front..driveway of a Lot or within the right -of –way of any street. Backboards shall be of___ a translucent material such as fiberglass or Lexan and attached to a black pole or similar type of post. Section 22. Rentals. Any lease between an Owner and a lessee shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Articles of ineorpotation and By -Laws of the .Association, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All leases shall be in writing. No Home or Latma easiicc r a period of less than ninety (90) days. Other than tlic foregoin oons on the right of any Owner to lease his Horne. Secti on 23. Rules and R+ rescind and cancel, such and enjoyment of the Pry discretion deems avoroa ay amend, modify, time governing the use k Board in its sole Section 24. Accessory Out erected on any Lot or Lots ildings shall be Committee. Section 25. Occupancv or Resi Use of Partiall le Home Prohibited. No Nome shall be occupied or used o cir huA& habitation until. it shall have been substantially completed for o accordance with the approved building plan. The determination of whether the Home shall have been substantially completed in accordance fe �A pl by�, Committee d a d p s w Section 26. beer Restrictions. The Property shall be subject to the easements, restrictions and limitations of record, and to all governmental zoning authority and regulations affecting the Property, all of which are incorporated herein by reference. Section 27. Right to .Perform Certain Maintenance. In the event that the Owner of any Lot in the Property shall fail to maintain his Lot and any improvements situated thereon in accordance with the provisions of this Declaration, Declarant shall have the right, but not the obligation, by and through its agents and employees or contractors, to enter upon said Lot and repair, clean or perform such other acts as may be reasonably necessary to make, such Lot and improvements thereon, if any, conform to the requirements of this Declaration. The cost therefor to Declarant shall be collected in a reasonable manner from Owner_ Declarant or its agents, employees or contractors shall be liable for any damage which may result from any maintenance work performed hereunder. Upon the Applicable Date, the Association shall succeed to and be vested with the rights of the Declarant as provided for in this Section. Section 28. Development and Sale Period. Nothing contained in this Article IX shall be construed or interpreted to restrict the activities of Declarant in connection with the development of the Property and sale of Lots. Declarant shall be entitled to engage in s uch activities and to. construct, install, erect and maintain such- facilities upon any portion of the Property at any time owned or leased by Declarant, as in the sole opinion of Declarant may be seasonably required, or convenient or incidental to, the development of the Property and sale of the Lots; such facilities may include, without Iimitation, storage areas, signs, parking areas, model residences, construction offices, sales offices and business offices. RIGHTS FOR TIE P T MORTGAGEES Section 1. Precedence. The ons of this Article tak edence over any other conflicting provisions of thi c s: Section 2. Notice of Actio on Asso on, identifying the name and address of the h ir►srt First rtgage on a Lot or Home and the address of party ortg on a Lot or Home who has so requested such noti all b an 'ble mortgage holder" and an insurer or governnrne a Lot or Home who has so requested such notice shat e. x an le insurer or guarantor any such eligible mortgage ho eligible insurer o t will be entitled to timely written notice of_ (A) Any condemnation loss or any casualty loss which affects a material portion of the project or any lot or Home on which there is a First Mort age i guaranteed su' b o a er li le r u to applicable;, z (B) Any delinquency in the payment of assessments or charges owed, or any other default in the performance of any obligation under the Declaration, By -Laws or Articles of Incorporation by an Owner of a Lot or Home subject to a First Mortgage held, insured, or guaranteed by such holder or insurer or guarantor, which remains uncured for a period of sixty 60 days; (C) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (D) Any proposed action which would require the consent of a specified percentage of I mortgage holders as specified in this Article; and (E) Any default in the performance by the Owner of any obligation under the Declaration or By -Laws, which is not cured within sixty (60)"days. Section 3. No Right of First, Refusal. The right of an Owner to sell, transfer, or otherwise convey his Lot or Tome will not be subject to any right of first refusal or any similar restriction in favor of the Association or other Owners. Section 4. Liability for Unpaid Assessments. Any First Mortgagee who obtains title to or comes into possession of a Lot pursuant to the remedies provided in its First Mortgage or by foreclosure of the First Mortgage or by deed or assigmnent in lieu of foreclosure, and any purchaser at a foreclosure sale in connection with any such First Mortgage shall not be liable for the unpaid assessments of the Lot which were payable prior to the acquisition of title to or possession of such Lot by the First Mortgagee. (A) terminate the legal st forth in this Declaration F as a result of destruction, with procedures set ent or termination made (B) by act or omission, seek to A ,��t' M_ de ember, sell or transfer the Common Area; provided, bow ever M E 1 Ong of easements for public utilities or for other public purposes consistent with the intended use of the Common Area shall not be deemed such a transfer (C) use haz ee r es onorl or on Pr for o ier than e repair, replacement or reconstruction of such common property; (D) add or amend any material provisions of this Declaration which establish, provide for, govern or regulate any of the following: (1) voting; (Z) assessments, assessment liens or subordination of such liens; (3) reserves for maintenance, repair and replacement of the Common Area (or exterior maintenance of Homes if applicable); (4) insurance or Fidelity Bonds; (5) rights to use of the Common Area, (6) responsibility for maintenance and repair of the several portions of the project; (7) boundaries of any Lot; (8) the interests in the general Common Area; (9) leasing of Lots or Homes; (10) imposition of any right of fast refusal or similar restriction on the right of an Owner to sell, transfer, or otherwise convey his or her Lot or Home; (11) any provisions which are for the express benefit of First Mortgage holders, eligible mortgage holders or eligible insurers or guarantors of First Mortgages on Lots, except in accordance with procedures set forth in this Declaration and the By Laws in the event of amendment or termination made as a result of destruction, damage or condemnation or with respect to a reallocation of interests in the Common Area which might occur pursuant to any plan of expansion or phased development contained in this Declaration; or (E) by act or omission, change scheme of regulations, or enforcement thereofpertauning architectural de the exterior appearance ofHorne(s). For purposes 6f this' Sectio su ocuments shall not be considered material if it is de 1 rrect lerical, typographical or technical errors, (R) fo is ply requirements of the Federal National Mortgag soci t �Iat' 1 Mortgage Association, the Federal Home Loan hjI ge f Idousing and Urban Development, or any other blia, quasi public or private entity which p ure pe o ctions similar to those currently performed by such err t to induce a encies or entities mentioned or referred to in subsec inak rchase, sell, insure or guarantee First Mortgages covering Lo Y s), or (V) to bring such documents into compliance with any statutory requirements, and any such addition or amendment to such documen which 's so c id n b at byiarant acting alon d 1 t ns ro j ez t tl ociation, any First M wag �10 sr s i theft An eligible mortgage holder who receives a written request to approve additions or amendments who does not deliver or mail to the requesting party a negative response within thirty (30) days shall be deemed to have approved such request. Section 6. Examination of gooks and Records. First Mortgagees and holders, insurers and guarantors of First Mortgages shall have the right to examine the books and records of the Association, asset forth more fully in the By -Laws. i Section 7. Payment of Taxes and Insurance. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area or other common property and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Common Area or other common progeny, and First Mortgagees snaking such payments shall be owed immediate reimbursement therefor from the Association. Section S. Designation of Representative Any holder of a First Mortgage on a ,Lot or Home may designate a representative to. attend meetings of members, but no such representative shall have any voting pri vileges unless such voting privileges have been granted to- the holder of such First Mortgage by the Owner of the Lot- involved. Section 9. Dktribution of Insurance Proceeds and Condemnation Awards. No provision of this Declaration or the By -Laws shall be construed as giving to the Owner or to any other party priority over any rights of First Mortgagees of Lots pursuant to their First Mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of Common Area or other common prop arty. Section, 1. Maintenance of conveyance of a Lot to a the extent reasonably ava insurance carriers nneetian comply with the requirem herein, to (A) Master or blanket type tic endorsement (including v cost of demolition, malicious Common Area (including all of to a minimum, protection against the t the tune of the first iation shall maintain, to I hick shall be issued by n a d shall otherwise n or referred to et1 coverage riate), debris removal, dariage) insuring the W policy shall afford, as (1) loss or damage =fire and er s by andard extended co eia n t ant, (2) all other perils winch are customarily covered with respect to projects similar in construction, location and use, including all perils normally covered by the standard "all risk" endorsement, where such is available. The name of the insured under such policies must be set forth therein substantially as follows: "High Grove Homeowners Association, Inc. for the use and berkefit of the individual Owners The policies may also be issued in the name of an authorized representative of the Association, including any insurance Trustee with whom the Association has entered into an Insurance Trust Agreement, or any successor to such Trustee, for the use and benefit of the individual Owners. Loss payable shall be in favor of the Association (or insurance Trustee), as a trustee for each Owner and each such Owner's First Mortgagee. Each Owner and each such Owner's First Mortgagee, if any, shall be beneficiaries of the policy with respect to the Common Area equally with each other Lot. Policies must provide for the recognition of any insurance TmslAgreement. --If reasonably available, such policies shall include: Y (1) Agreed Amount Endorsement (or like endorsement); (2) Inflation Guard Endorsement; (3) Construction Code Endorsements (such as a Demolition Cost Endorsement, a Contingent Liability from Operation of Building Laws Endorsement and an Increased Cost of Construction Endorsement) if tl subject to a construction code provision. which would become o ges to undamaged portions of the improvements, thereby ixnp rgncant costs event of partial destruction of the project by an insured P (4) Steam Br boiler equipment and or ge resulting from steam accident per location; (S) All such polcci g; gnition of any Insurance Trust Agreement; a waiver e ers individually; that the insurance is not prejudic any act or neg ect o ual Owners which is not in the control of such Owners co and that the s ary in the event the Owner has otter insurance cov (B) Worker's Compensation, occupational disease and like insurance (if the Association has eligible (C) Compre rMAPY fin 4erage as the Board of Directors shall from time to time determine, but at least: (1) covering events occurring anywhere on the Common Area (and public and private ways) or arising out of or in connection with the use, ownership or maintenance of the Common Area; (2) covering, Without limitation, legal liability of the insureds for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Common Area, and legal liability arising out of lawsuits related to employment contracts of the Association, and such other coverages as are customarily covered with respect to projects similar in construction, location, and use; (3) insuring each officer and member of the Board of Directors, the managing agent and each Owner and with cross liability endorsement to cover liabilities of the Owners as a group to an Owner and with a "Severability of Interest Endorsement" which would preclude the insurer from denying the claim of an Owner for the negligent act of another Owner; occupant or the Association; and (4) in amounts generally required by private institutional investors for projects similar in construction, location and use. (However, such coverage shall be for at least $1,000,000 Foi bodily injury, including deaths of persons and property damage arising out of a single occurrence). (D) Such other insurance as the Board of Directors may determine, (E) All such policies must provide that they may not be changed or substantially modified by any party without at least 10 days' prior written notice to the Association and to each holder of a First Mortgage which is Iiste eduletl holder of a First Mortgage in the insurance policy. R Section 2. Owners' Individ icier. Each Owner sh arty, and shall be responsible for carrying, c is w en his personal liability, his Lot, his Horns, and other nal f e, furnishings, and other personal progeny, and R an ed or felled by hire or a previous Owner or tenant policy providing such property or liability insurance. Any insurance Trustee must be a corporation or association organized or authorized to da b id' of the State of Ind' a, ed e ch state law to coxtduct Section 4. Insurance Premiums. Insurance premiums for any blanket property insurance coverage, and the other insurance coverages purchased by the Association, shall be common expenses to be paid by assessments levied by the Association, and such assessments shall be held in a separate escrow account of the Association and used solely for the payment of the blanket property insurance premiums and other insurance premiums as such premiums become due. L ARTICLE XU EMINENT' DOMAIN Section 1. The Association snail represent the Owners in any condemnation proceedings and in any negotiations, settlements and agreements with the condemning authority for acquisition of the Common Area, or part thereof, and by acceptance of a deed for his, her or its Lot, each Owner appoints the Association as such Owner's agent and attorney fact for such purposes. In the event of a taking or acquisition of part or all of the Common Area by a condemning authority, the award or proceeds of settlement shall be payable to the Association, or other trustee (such as a bank or title insurance company appointed as such by the Association), for the.use and benefit of the Owners and their Mortgagees as their interests may appear. Section 2. Reconstructions. In the event of a partial taking of the Common Area (or conveyance in lieu thereof) the Association shall promptly cause the remaining portions of the Common Area to be restored functionally and aesthetically to reasonably the same condition as before the taking, using so much of the proceeds of such taking for such purpose as shall be reasonably necessary. In the event of a total taking of the Common Area (or conveyance in lieu thereof), and t o'eet is terminated by the election hereinabove required, the proceeds wally among each Lot, payable jointly to the Owners and mort ers thereo Section 1. Enforcement rcem i trietions and of the provisions contained in th icl d By- s of the Association may be b an proceeding aw o b t sociation or an Y Y Yp g. Y Y Y Owner againsf any person di 01 or attempting to violate any covenant or restriction, o el compliance, or to recover damages, and against d, to enforce any eated by these covenants; and failure by the Association or e anfb 4venant or restriction herein contained shall in no event be er of the right to do so thereafter. Attomeys' fees and costs of any such actions to restrain violation or to recover damages as determined the court shall be assessable against a ab� any ersons violating th ten>? co k ta here T Section 2. Mergers. Upoa a merger or consolidation ofthe Association with another corporation as provided in its Articles and By -Laws, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or corporation, or, alternatively, the properties, rights and obligations of another corporation may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated corporation may administer the covenants and restrictions established upon any other properdes in one scheme. No such merger or consolidation, however, shall effect any revocation, change or additions to the covenants established by this Declaration within the Property, except as hereinabove provided. Section 3. Severability. Invalidation of any one or more of these covenants or restrictions by legislation, judgment or court order sball in no way affect any other provisions, which shall remain in full force and effect. Section 4. Notices. Any notice required to be sent to any Member of the Association under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of such Member appearing on the records of the Association at the time of such mailing. Section 5. Captions_ The Article and Section headings herein are intended for convenience of reference only and shall not be given any substantive effect Section 6. Construction. In the event of an apparent conflict between this Declaration and the By -Laws, the provisions of this Declaration shall govern. in this Declaration. The foregoing notwithst no W es o laraut reserved or set out hereunder may be azne csr or written approval, as the case may be, so long as oregoing notwithstanding, this Declaration may also be e prior to the Applicable Date if it has an ownership the Property. PARTS OF THE PROPERTY Section 1. U '`lit d� r e was p �f�e� p y o Plat marked "U6� D >ei rat 01& he Utility Easement is hereby created and reserved for the use of all public utility companies (not including transportation companies), governmental agencies, utilities, the Association, and the Declarant during the Development Period for access to and installation, maintenance_ repair or removal of poles, mains, ducts, drains, lines, wires, cables and other equipment and facilities for the furnishing of utility services, including cable television services and for access to and installation, repair or removal of a sanitary sewer system. The Drainage Easement is hereby created and reserved (i) for the use of Declarant during. the "Development Period' (as such term is defined in this Declaration) for access to and installation, repair or removal of a drainage systenn, either by surface drainage or appropriate underground installations, for the Real Estate and adjoining property and (ii) for the use of the Association and the appropriate governmental authorities for access to and maintenance, repair and replacement of such drainage system; provided, however, that the Ow of any Lot subject to a Drainage Basement shall be required to keep the portion of said Drainage Easement on his Lot free from obstructions so that the surface water drainage will be unimpeded. The delineation of the Utility Easement and Drainage Easement areas on the plat shall not be deemed a limitation on the rights of any entity for whose use such easement is created and reserved to go on any lot subject to such easement temporarily to the extent reasonably necessary for the exercise of the rights granted to it by this Section 1. No permanent structures shall be erected or maintained upon said easements. The Owners of Lots shall take title to the Lots subject to the Utility Easement and Drainage Easement herein created and reserved. Section 2. Common Area. There is a part of the Property on the Plat marked "Common Area." The Common Area shall be used (i) for storm water retention drainage purpose; (ii) for the aesthetic and visual enjoyment of the Owners of Lots and (iii) following the end of the Development Period, for such purposes as the Association shall deem appropriate. The foregoing notwithstanding, the lakes located in the Common Areas "Lakes are part of the stormwZ;zM=0se. r the development and shat be reserved and m aintained by the Section 3. Non Access Ea "Non- Access Easement." identifying that part of the an abutting roadway is pro Section 4. Public Street. the part of the Property 1. dedicated to Hamilton C Owner, exe *a pry ikgxE Plat marked purpose of from a Lot from I "Public Street, or a street, is hereby ARTICLE XVI ENFORCEMENT Section 1. Remedies. Violation or threatened violation of these covenants and restrictions shall be grounds for an action by the Declarant and Association, any person or entity having any right title or interest in the Real Estate (or any part thereof), or any person or entity having any right, title or interest in a Lot which is now or hereafter made subject to the Declaration, and all persons or entities claiming under them, against the person or entity violating or threatening to violate any such covenants or restrictions. 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 incurred by any party successfully enforcing these covenants and restrictions; provided, however, that neither the Declarant nor the Association shall be liable for damages of an kind to an g Y Y person for failing to enforce the provisions of this Declaration. In Witness hereof, Declarant has caused this document to be executed as of the date first written above, "Declarant" EstridgeDe elopme By: Printed: John W. Tal Title: Director of STATE OF INDIANA COUNTY OF HAMILTON Bcfore me, a Notary Public in anti d fate, p ona]Iy appeared, John W. Talbot, the Director of Land Developm stridge Development Company, Inc., who acknowledged the execution of the foregoing Covenants, Conditions Restrictions on behalf of t m q-1 ..W, F Witness in of 4 r 400. Y PU My Commissio ire ����BS Notary Public .x PI IYLLIS N. UPDIKE X� My COMMISSION EXPIRES 4118JO0 Residing in County Printe ka CDUNTYOFRE5IDENCE HAMILTON f e,e&Vid 6� 6�r- d�G a Lm, Io e rne o+ Cv.