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HomeMy WebLinkAboutSycamore Farms - Rules & Regulations 20112011044487 MISC $45.00 09/14/2011 02:21:07P 15 Mary L. Clark HAMMILTON County Recorder Recorded as Presented Cross -Reference: Sycamore Farm, Section 1 (Plat), Instrument # 9609639017 Sycamore Farm, Section 2 (Plat), Instrument It 9709729206 Sycamore Farm, Declaration of Covenants, Section 1, Instrument # 9609639016 Sycamore Farm, Declaration of Covenants, Section 2, Instrument # 9609651611 ADOPTION OF RULES, REGULATIONS AND PROCEDURES AFFIDAVIT OF CORPORATE RESOLUTION of the SYCAMORE FARM HOMEOWNERS ASSOCIATION, INC. PGS IN COMES NOW the Sycamore Farm Homeowners Association, Inc., by its Board of Directors, on this day of Se„ ter►. lie( , 20jj_1 and states as follows: WITNESSETH THAT: WHEREAS, the residential community in Carmel, Hamilton County, Indiana commonly known as Sycamore Farm was established upon the recording of certain Plats and other documents with the Office of the Recorder for Hamilton County, Indiana; and WHEREAS, the Plat for Sycamore Farm , Section 1, was recorded with the Office of the Hamilton County Recorder on September 16, 1996, as Instrument # 9609639017, said Plat also containing Plat Covenants ("Section 1 Plat Covenants") which run with the land, and cross referencing the Declaration of Covenants, Conditions and Restrictions for Sycamore Farm ("Section 1 Declaration"), recorded with the Office of the Hamilton County Recorder on September 16, 1996, as Instrument # 9609639016; and WHEREAS, the Plat for Sycamore Farm , Section 2, was recorded with the Office of the Hamilton County Recorder on July 21, 1997, as Instrument # 9709729206, and amended on December 8, 1997, as Instrument # 9709752834, said Plat also containing Plat Covenants ("Section 2 Plat Covenants") which run with the land, and cross referencing the Declaration of Covenants, Conditions and Restrictions for Sycamore Farm ("Section 2 Declaration"), recorded with the Office of the Hamilton County Recorder on December 6, 1996, as Instrument # 9609651611; and WHEREAS, both the Section 1 Declaration and Section 2 Declaration ("Declarations") states that by taking a deed to any Lot as set forth on the above listed Plats for the Sycamore Farm development, each owner becomes a mandatory member of the subdivision's homeowner's association known as Sycamore Farm Homeowners Association, Inc. ("Association"), an Indiana nonprofit corporation; and WHEREAS, the Association was incorporated pursuant to the above listed Declaration as a non- profit corporation pursuant to Articles of Incorporation ("Articles") filed with, and approved by, the Indiana Secretary of State on January 7, 1997; and Page I I WHEREAS, the Association's Initial Board of Director(s) adopted a Code of Bylaws ("Bylaws"), as may have been amended from time to time thereafter, for the Association and the homeowners within Sycamore Farm; and WHEREAS, the Articles of Incorporation, Article X, Section 4, and the Bylaws, Article VII, Section 1, states that the Board of Directors of the Corporation shall have the power to make, alter, amend or repeal the Bylaws of the Corporation by an affirmative vote of a majority of the members of the Board of Directors; and WHEREAS, various references in the Section 1 Declaration and the Section 2 Declaration state that the Association is to operate in accordance with the provisions set forth in the Articles and Bylaws; WHEREAS, the Bylaws, Article V, Section 4(g), give the Board of Directors of the Association the authority to adopt such additional rules and regulations with respect to use, occupancy, operation, enjoyment and architectural additions and modifications of the Real Estate, which encompasses all areas within the Sycamore Farm subdivision, including the individual lots, streets (whether public or private), and the Common Areas. These rules and regulations are in addition to the rules and restrictions already set forth in the Section I Declaration and Plat Covenants, the Section 2 Declaration and Plat Covenants, Articles and/or Bylaws as the Board, in its discretion, deems necessary or advisable, so long as the rules and regulations adopted under this authority do not conflict with any provision in the Declarations or Plat Covenants; and WHEREAS, pursuant to this authority and to supplement the current provisions set forth in the Declarations and Plat Covenants for Sycamore Farm, the Board of Directors desires to adopt certain rules and regulations which it deems necessary and designed to protect the enjoyment, health, safety and welfare of the residents and the value, appearance and desirability of the properties within the Sycamore Farm community; and WHEREAS, upon adoption, said Rules, Regulations, and Procedures in Sycamore Farm shall be applicable and binding upon each and every Lot and Lot Owner in the Sycamore Farm Development; and WHEREFORE, BE IT RESOLVED, pursuant to this authority granted to the Board by the Articles and Bylaws, and in furtherance of the enforcement of the Declarations and Plat Covenants, the Board hereby certifies that the following is a full and true copy of the Resolution that was duly adopted at a meeting of the Board of Directors of the Association held in accordance with applicable laws, and was duly signed by the President and Secretary of the Association certifying that a majority of the members of the Board of Directors approved said Resolution and that the proceedings and the Resolution adopted thereby are in conformity with and do not in any respect contravene or conflict with any other provision of applicable Indiana law, the Declarations, Plat Covenants, Articles of Incorporation, or the Bylaws for the Sycamore Farm community or the Sycamore Farm Homeowners Association, Inc., and that said Resolution shall become effective and applicable to each Owner of a lot in the Sycamore Farm Development upon the recording of these rules with the Hamilton County Recorder. [End of Recitals] Page 12 RULES, REGULATIONS & PROCEDURES for the SYCAMORE FARM SUBDIVISION I. ARCHITECTURAL REQUEST PROCEDURES A) In General. When an Owner in Sycamore Farm wishes to make a lot modification, the Declarations require the Owner to submit a written request for approval of the project to the Development Control Committee ("Committee") before construction begins. For purposes of this rule, a "lot modification" is any construction, installation, addition, or alteration of any building, addition, structure (permanent or temporary), or improvement of any kind (excluding basic vegetative landscaping, such as flowers, bushes, mulch, etc.) to an Owner's lot. Architectural Request Forms may be obtained from and submitted to the Committee at: Sycamore Farm Homeowners Association, Inc. P.O. Box 3898 Carmel, IN 46082 All plans submitted to the Committee shall contain all necessary plot plans, diagrams, descriptions of the lot modification to be made, including colors, materials, locations, new landscaping to be used as part of the modification project (if any), and any other information that may be useful and/or required by the Committee to fully review and appreciate the nature of the request. When applicable, all submissions must contain measurements of the project, including the size of lot modification itself, and the distances the modification will be located in relation to the dwelling on the property, the Lot lines, and any other structures or improvements located, or to be located, on the Lot. The Committee may also require the Owner to show the location of all easements on the Lot. The Committee may also require the Owner to provide all necessary governmental permits or approvals before ruling on the submission. All requests must be submitted in two (2) copies, with one copy being retained by the Committee for its permanent records. PLEASE NOTE: Approvals of the Committee are in addition to, and not in lieu of, any approvals or permits required to be obtained from any other person or governmental agency or office. So obtaining a building permit from the City or County does NOT excuse an owner from also getting approval from the Committee, and vice versa. B) Review and Decisions. Once all of the required or requested information has been provided by the Owner to the Committee, the Committee shall: a) review the request; b) make a decision regarding the request; and c) either mail, deliver or email a notification of its decision to the Owner. If the Committee does not approve the project, the notification shall state the reasons why the Committee rejected the submission. If no decision on a request is issued by the Committee within thirty (30) days of being submitted, then the request, by default, shall be deemed automatically DENIED. All approvals and/or denials must be signed by at least two (2) designees of the Committee or Board. Page 13 If no written request for architectural approval is made to the Committee before beginning a lot modification, a lawsuit to enjoin or force the removal of the lot modification may be filed at any time by the Association, even after the construction or installation of the lot modification is completed. It should be noted that if the Committee and Board are not one and the same, then the Committee may only make recommendations to the Board regarding architectural requests submitted to the Committee. The Board shall retain the right and authority to make the final decision on whether to approve or deny an architectural request. Under no circumstance does any individual or member of the Board or Committee have the authority to verbally grant or approve any architectural request or issue a written approval without the proper approval or authorization of a majority of the respective Board or Committee. In addition, the Board or Committee has no authority to approve any request that directly violates any provision of the Declarations or Plat Covenants (Le. the Board cannot approve an above ground pool if above ground pools are specifically prohibited by the Declarations or Plat Covenants). Owners in Sycamore Farm are hereby given notice that any verbal or unauthorized approval for any architectural improvement project is hereby considered invalid and will not act as waiver, estoppel or defense against the Board's or Committee's request for written application for the proiect , the subsequent denial of the proiect, or any legal action that is taken by the Association to enjoin or force the removal of the unapproved lot modification to the Owner's Lot. C) Appeal of Committee Decision. If the Committee and Board are not one and the same, then any decision made by the Committee may be appealed to the Board of the Association within fifteen (15) days of the Committee's decision. The Board, upon receipt of the appeal from an Owner, shall hold a meeting within fifteen (15) days from the date the appeal is received with the Owner and the chairman of the Committee to hear both sides of the matter. After the meeting, the Board shall issue its decision in writing within ten (10) days on whether to uphold the decision of the Committee, reverse the decision of the Committee, or modify the decision of the Committee in any fashion the Board deems necessary or appropriate under the circumstances. Decisions by the Board are final. If the Committee and Board are the same body, then there shall be no further appeal rights beyond the Board's decision on an architectural request. D) Failure to Receive Written Approval for Lot Modifications. If an Owner commences a Lot modification without receiving necessary prior written approval from the Board or Committee, the Owner may be asked by the Committee to submit his/her architectural request form to avoid the matter being turned over to the Association's attorney. However, if the lot modification violates any provision of the Declarations, Plat Covenants or rule adopted by the Board, then the Association does not have to request the Owner subsequently submit an architectural request form, since the lot modification cannot be approved under the provisions of the Declarations, Plat Covenants or rule. For example, the Plat Covenants prohibit above ground pools in Sycamore Farm. If an owner installs an above ground pool, then the Committee need not request the owner submit an architectural form since the Committee cannot approve a request for an above ground pool under any circumstances. If the Association incurs any expenses, including, but not limited to, professional or legal fees, administrative costs, to inspect or review work, that was not properly submitted for approval before being erected or installed upon a Lot, then the Owner of that Lot shall be responsible for reimbursing the Association for these expenses. These expenses shall be added to the Owners account and shall be collectable the same as any assessment owed to the Association. If legal action of any kind, such as a covenant violation letter, a request for an Owner to submit an Page 14 architectural request form, or a lawsuit, is taken by the Association to compel an Owner to comply with the Declarations, Plat Covenants or any rule, the Owner will be responsible for all attorney fees and other costs incurred by the Association to gain compliance with the Declarations, Plat Covenants or rules. The Association may take legal action solely based upon an owner's failure or refusal to submit a written request for architectural approval prior to making a lot modification. In such case, the Association shall be entitled to recover its attorney fees and other costs and expenses for such action, even if the Owner subsequently submits an architectural request form and the request is approved. PLEASE NOTE: If an Owner constructs or installs a lot modification without prior written approval, then later submits his request for approval after the construction or installation is completed, and the lot modification is NOT approved, the Owner is responsible for all costs associated with returning the Lot or structure thereon to its pre -modification condition. II. EXTERIOR HOME & LOT MAINTENANCE A. Appearance. It is the intent and desire of the Board to promote and maintain the aesthetically pleasing appearance of the Sycamore Farm neighborhood. Therefore, it is the goal of these rules to maintain the high quality exterior appearance of the homes in Sycamore Farm, including, but not limited to, the roofs, siding, gutters, shutters and doors (both dwelling and garage), so that they are harmonious and consistent in appearance with the other homes in the subdivision in order to preserve the values of the properties within the community. The Committee shall approve the exterior home and trim colors that may be used for all homes and other improvements in the Sycamore Farm neighborhood. All exterior home and trim colors in Sycamore Farm must be consistent in style and color with approved colors that exist in the neighborhood. Owners may re -paint their home's exterior and trim using the same approved color scheme without further prior written approval of the Committee. However, any Owner wanting to change the exterior color of their home or trim must submit a written request and obtain written approval by the Committee before making those changes. For example, if an Owner's home is currently basic tan in color with olive trim, the Owner does not need prior written approval to re -paint the house and/or trim the same colors; but the Owner would need to submit for and receive prior written approval from the Committee before painting his home or trim a new color or shade of color (i.e. a color other than tan with olive trim). As a result, if the Owner wanted to re -paint his home dark chocolate brown with orange trim, the Owner would need prior written approval from the Committee before using this new paint scheme. The Committee has the sole discretion to determine whether a new color will be harmonious, consistent, or blend well with the appearance of other homes and improvements in the neighborhood, and the Committee may deny any request for paint color change if they believe the color would not be harmonious or consistent with the colors of homes and improvements already existing in the neighborhood. The Committee must insist that exterior color schemes which do not blend well with most colors found in Sycamore Farm, including, but not limited to, bright, bold or vivid colors, such as bright yellows, reds, pinks, oranges, purples or greens, and neon or fluorescent colors are not permitted in Sycamore Farm. The decision of whether to approve a color that does not already exist in the Sycamore Farm Development is solely within the discretion of the Committee. The fact that an Owner has already painted their home or improvement before submitting their request or receiving written Committee approval does not operate as a waiver or obligation for the Committee to approve the submission. Any color installed before being submitted to the Committee, and then subsequently Page15 denied by the Committee, shall be re -painted a color approved by the Committee. Pursuant to the Declarations, the Committee may take action to gain the removal or repainting of any unapproved exterior home or improvement color scheme through legal or other equitable means. A decision of the Committee may not be reversed by any Court unless the decision cannot be supported or justified under any reasonable circumstances or rationale. B. Sidinz and Trim. Owners must replace all siding and masonry on the exterior of their home with the same style, material and color siding, trim or masonry as originally installed on the home, unless otherwise approved by the Committee. If the Owner wishes to change the style, material or color of the siding, trim or masonry of his home, then the Owner must submit a written request and obtain written approval by the Committee before installing or making any modifications or changes to the siding, trim or masonry. AL UMINIUM SIDING ON ANY HOME IN SYCAMORE FARM IS EXPRESSLY PROHIBITED AND NO ALUMINUM SIDING REQUESTS SHALL BE APPROVED BY THE COMMITTEE. C. Roofin . All replacement roofing in Sycamore Farm must be consistent in style and color with approved roofing that exists in the neighborhood. Owners may replace their roofs using the same style and color of approved roofing without prior written approval of the Committee. However, any Owner wanting to change their roofing style or color must submit a written request and obtain written approval by the Committee before making those changes. For example, if an Owner's `weatherwood' colored asphalt shingle roof is damaged in a hail storm and is being replaced, the Owner does not need prior written approval to replace the roof with the same style and `weatherwood' color of asphalt shingle; but the Owner would need to submit for and receive prior written approval from the Committee before installing a new roof of another style shingle or a shingle of a different color or shade of color. As a result, if the Owner wanted to re -roof his home with green asphalt shingles or wooden shake shingles, he would need prior written approval from the Committee before installing the new shingles. The fact that an Owner has already re -roofed their home before submitting their request or receiving written Committee approval does not operate as a waiver or obligation for the Committee to approve the submission. Any roofing installed before being submitted to the Committee, and then subsequently denied by the Committee, shall be replaced with new roofing materials approved by the Committee. Pursuant to the Declarations, the Committee may take action to gain the removal or replacement of any unapproved roofing through legal or other equitable means. If a roof is damaged and needs to have missing shingles replaced, those repairs must be made within sixty (60) days from the date the shingles blew off or were damaged, unless a longer period of time is otherwise approved by the Committee. D. Maintenance. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. All Owners shall perform routine and necessary maintenance on their Lots and the improvements thereon to maintain a reasonable appearance and to avoid the home, Lot or improvement from becoming unsightly in relation to the appearance of other homes and improvements in the neighborhood. Such maintenance shall Page 16 include, but not be limited to, painting, mold or mildew removal or cleaning, wood repair, masonry repair, garage door repair, siding repair, roofing repair, window and porch screens and window repair, and fence painting or repair. i) All lawns and other landscaping materials shall be properly maintained and shall be mowed and/or trimmed on a regular basis. In no event shall the grass on any Lot exceed the maximum acceptable height as set forth under local law, nor shall any underbrush or other unsightly growths, including untrimmed or improperly maintained bushes or trees, be permitted to grow or remain upon any Lot. Flower beds, trees and bushes shall remain neatly trimmed and not allowed to become overgrown with weeds or other vegetation. ii) Each owner shall maintain and prune all trees located on his Lot, and immediately remove any dead or fallen trees or limbs from his Lot. Any tree(s) removed from a Lot must be replaced with similar or approved tree(s). Trees planted in the right-of-way area (between the curb and the sidewalk) are the responsibility of the lot owner. All trees planted in the right-of-way must be well -maintained, including trimming and pruning, at all times. However, an owner shall not remove an existing tree in a right-of-way, other than diseased, damaged or dead trees, without the prior written approval of the Committee. Any tree planted in the right-of-way easement that is removed must be replaced within thirty (30) days or as professionally recommended with a new tree from a list of suitable tree species approved by the Committee from those species that are less likely to cause destruction to sidewalks, curb, streets and sewers. Replacement trees in a right-of-way area must be a minimum of two inches (2") in diameter and planted as close as practical to the original location of the removed tree in order to maintain the orderly appearance of the tree -lined streets. If any tree planted on a Lot or in a right-of-way area becomes an obstruction or hazard, or creates damage to any street, curb, sidewalk, sewer or Common Area, the Committee may request that the owner remove, appropriately trim, or perform other proper maintenance or care to the tree. If, after requested to do so by the Committee, the owner fails to promptly remove, trim, or prune the tree, then the Committee reserves the right to remove, trim or prune the tree as it deems appropriate under the circumstances. The Committee also reserves the right to perform routine, regular or preventative maintenance, trimming or pruning of any tree(s) located within a public right-of-way area within the subdivision. Any expenses incurred by the Association in connection with this removal, trimming, pruning or maintenance work shall be the responsibility of the lot owner and said expenses shall be reimbursed to the Association. The Committee shall not be held liable for any tree removed or accidentally damaged due to trimming or pruning if the tree constituted or created an obstruction or hazard to vehicular traffic or sidewalk use, or created or caused damage to any street, curb, sidewalk or sewer. iii) No refuse piles, stacks of building or landscaping supplies or lumber, or other unsightly objects shall be allowed to be placed or remain on any Lot. No trash, rubbish, garbage or other waste, including, but not limited to, grass, leaves and branches, shall be kept on any Lot except in sanitary containers designed for such purpose. iv) All firewood shall be kept neatly stacked and shall be kept or stored in the rear yard of the home or along the side of a home. However, wood may not be stored on the front porch of any home, or in the front yard or driveway of any Lot. Tarps or coverings for stored wood shall be brown, tan or other dark color and shall be securely fixed. v) No Owner shall dump or dispose of trash, debris, lawn or yard waste, tree limbs or leaves, or other items or vegetation on any Common Area or undeveloped Lot. In addition, no Owner shall dispose of any motor oil, fertilizer, vegetation killer, paint, or other hazardous or Page 17 toxic liquids on the Common Areas, undeveloped Lots, or public drainage systems, including, but not limited to, retention ponds and storm sewers, located in the Real Estate. vi). For purposes of this section, the Committee shall have the right and discretion to determine whether the condition or appearance of a Lot or home reasonably constitutes an "unsightly or unkempt" condition or appearance when compared or considered in relation to the condition or appearance of the other Lots or homes in the Sycamore Farm subdivision as a whole. III. SELF-HELP RULE In addition to any remedies available to the Association as set forth in the Declarations, Plat Covenants or adopted Rules and Regulations, the failure of any Owner, or his family, guests, invitees, or agents, to comply with any of the requirements or restrictions of the Declarations, Plat Covenants or any adopted Rule or Regulation may warrant the Committee to enter upon any Lot to cut the grass, weeds, or growth; clear or remove the trash, refuse, or debris from the Lot or home; or to tow or remove any other violation of the Declaration or adopted Rules and Regulations pursuant to its authority as set forth in the Declarations, Plat Covenants, Bylaws or the Rules and Regulations. The Association, Committee, or any of its designated agents, shall have the right to enter upon any Lot to perform said maintenance, mowing, repair, or other acts as may be reasonably necessary to make such Lot and any improvements thereon conform to the requirements of the Declarations, Plat Covenants or these Rules and Regulations. Towing vehicles parked in violation of the Declaration or any Rule or Regulation adopted by the Board is also considered a self-help remedy. The Association, Committee, or its designated agents, shall not be liable to the Owner for any damages resulting from the work performed hereunder unless it can be shown that the damages to the Owner's property resulted from an act of gross negligence or willful or reckless misconduct by the Association, Committee, or its designated agents. The expense of said action shall be the responsibility of the Owner of the Lot committing or necessitating the action, and the Association shall be entitled to reimbursement for any such costs, expenses and legal fees incurred as a result of any self-help action taken by the Association. IV. PARKING RULE As set forth in the Plat Covenants, only certain passenger vehicles, including cars, pick-up trucks (up to one (1) ton), vans, and sport utility vehicles (SUV's) small enough to be parked in the garage shall be parked in the driveways or along the streets immediately adjacent to the owner's lot. No camper, trailer of any kind, mobile home, motor home or recreational vehicle, boat or jet -ski, bus, race car or other similar vehicles of any kind may be parked in the driveway or on any street or on any Lot in the Sycamore Farm subdivision. These types of vehicles must be kept inside an enclosed garage. No semi -tractor, semi -trailer, semi-tractor/trailer combo, box style, flat-bed, wrecker, utility or non -pickup style trucks or similar vehicles shall be permitted in the Sycamore Farm subdivision, except for vehicles that are temporarily present in the community for the purpose of performing or providing moving services, home construction or repair, or health care services. No inoperative, disabled, unregistered or unlicensed vehicle shall be parked or repaired anywhere in the development except inside an enclosed garage. For purposes of this section, an "inoperative" or "disabled" vehicle includes any vehicle on jacks, blocks or stands; any vehicle that has a block or other device under the tires to prevent movement or rolling; any vehicle that has not been noticeably moved or driven by its owner for a period of two (2) weeks or longer; or any vehicle that has a flat tire or other Page 18 obvious damage which would prevent the vehicle from being driven. For purposes of this section, "unregistered" and "unlicensed" includes any vehicle that does not display a valid license plate as required by law. Unless it is necessary to perform home maintenance and/or landscaping, no vehicle of any kind may be parked for any length of time on any portion of the grass, yard, or other non -paved area within the Development, including the Lots. No vehicles of any kind may be parked on any Lot or street, public or private, in a manner that would block or interfere with the use of any fire -hydrant, access and/or use of any mailbox, or would block or restrict vehicular traffic on any street in the Development, including, but not limited to, school buses, emergency vehicles, and snow removal vehicles. No vehicles of any kind may be repaired, worked on, serviced or put up on blocks or jacks to accommodate car repair unless such repairs or work are done in an enclosed garage (i.e. vehicle repairs and servicing, including changing the oil, in the driveways is prohibited). Washing a vehicle is not considered to be repairing or servicing a vehicle. In addition, garages shall be used for the parking of vehicles only. No other use or modification may be made to a garage that prevents the parking of vehicles in the garage. Hence, it shall not be a defense or excuse to a violation of the Declarations, Plat Covenants or this rule that an owner cannot park a vehicle in his garage because his garage contains personal or stored items or has been modified in a way to that prevents vehicles from being parked in the garage. It shall also not be a defense or excuse to a violation of the Declarations, Plat Covenants or this rule that the owner and/or his family members own too many vehicles to comply with the provisions of the Declarations, Plat Covenants or this rule. The Board has the right, but not the obligation, to remove or tow from any street (public and private), common area, or Lot within the Sycamore Farm subdivision, at the owner's expense, any vehicle that is parked or stored in violation of the Declarations, Plat Covenants or this rule. The Board may establish procedures to be used in enforcement of this rule, including towing. If an owner's vehicle is towed pursuant to the Declarations, Plat Covenants or this rule, the Association, and any person or agent acting on behalf of the Association, shall not be liable for any damage, loss or expense incurred by the owner as a result of a vehicle being towed from the subdivision. The owner of the vehicle shall be solely responsible for any and all towing, processing, storage and other fees incurred as a result of the vehicle being towed. If the Association incurs any damages, awards, costs or expenses, including legal fees, as the result of towing any vehicle belonging to an owner or an owner's guest, the owner of the vehicle, or the owner of the lot which the guest was visiting, shall be responsible for fully reimbursing the Association any and all damages, awards, costs or expenses, including legal fees, the Association incurs as the result of any such action, so long as the action of the Association was taken in good faith and to prevent or cease parking violations of the Declarations, Plat Covenants or this rule. V. BASKETBALL GOALS Basketball goals may be permanently installed along the driveway or a Committee approved court, but under no circumstances shall a basketball goal be mounted or installed on the exterior of any home in the subdivision. Temporary, or moveable, basketball goals may be located along the driveway of any home in the neighborhood. No buckets, bricks, sandbags, rocks, blocks, or other weighted items shall be stacked or placed on the base of any portable basketball goal. All basketball goals, whether permanent or temporary, shall be properly maintained, including, but not limited to, goals must have netting that is not torn, backboards shall be of manufacturer quality (i.e. not homemade or plywood), backboards must have a rim, and no part of the goal or rim shall be broken. The Committee reserves the right to request the repair or removal of any basketball goal if the Committee determines that proper maintenance and repair of the goal is not being performed by the Owner. Page 19 Under no circumstance shall any basketball goal be installed or placed on or next to any sidewalk, curb or street in the Sycamore Farm development, or in any other location on a Lot that will require or allow play to occur in the streets of the development, hinder or interfere with traffic on any street or sidewalk in the development, or hinder or obstruct any bus stop or mailbox in the development. VI. EXTERIOR FLAGS AND SCULPTURES No decorations and exterior displays, including, but not limited to, exterior sculptures, statues, fountains, garden ponds, bird baths, ornaments, decorative flags, banners, wall hangings, garden fences, boulders/rocks, trellises, decorative screens, arbors and like items may be displayed, placed or erected on any Lot unless the Owner submits a written request and receives the prior written approval for the item(s) from the Committee. No Lot may display more than two (2) sculptures and/or statues at the same time, and each sculpture or statute must be located within ten (10') foot of the exterior fagade of the home. No more than one (1) decorative fountain or pond of no greater size than sixteen (16) square feet may be located on a Lot. No more than two (2) decorative flags no larger than (2' x 2') may be displayed on any Lot. No exterior display, sculpture, fountain, flag or other improvement may display or contain any nudity or other offensive pictures or language. If approved, all items must be kept in a good state of repair at all times. For purposes of this provision, the term "decorative flag" includes all flags except for American flags. Pursuant to the "Freedom to Display the American Flag Act of 2005", and a desire to allow residents in the community to display their patriotism, Owners within Sycamore Farm may display an American flag on their property without prior permission of the Committee, but only if the flag is displayed by following: a) the rules set forth in the United States Code; b) the rules adopted by the American Legion; or c) following any other generally accepted rule or custom pertaining to the proper display or use of the American flag. Prior approval is not required for any Owner wishing to install an angle -mounted flag standard attached to the Owner's Residence OR a freestanding flag pole no more than thirty (30) feet in height nor more than four (4) inches in diameter. For all other flagpoles and standards, an Owner must submit a written request and receive written approval from the Committee. No flag pole may be erected within the public right-of-way easement or within any sight line setback provided for in the Declaration. No lighting may be directed on or toward the flag or flag pole. An Owner may not install more than one (1) flag pole on his Lot without obtaining written permission from the Association. VII. EXTERIOR LIGHTING No exterior lighting shall be directed or pointed outside the boundaries of the Lot where the lighting is located, and may not be pointed or located in a manner where the lighting creates or causes a nuisance or disturbance to neighboring properties. Garage coach lights, post lamps and other exterior lighting fixtures must be kept in proper working order and must have a functioning light bulb. Any bulbs that burn out must be replaced within seven (7) days. If the Owner does not replace burned out bulbs or inoperable fixtures within seven (7) days, the Association has the right, but not the obligation, to replace the bulb or repair the fixture, and any costs incurred by the Association as a result of this repair work shall be reimbursed to the Association by the Owner within thirty (30) days of service. Page110 VIII. TRASH CANS An owner may sit his/her trash cans on the curb beginning at 5:00 p.m. the day before trash collection is scheduled. The trash cans must be removed from the curb no later than 10:00 p.m. the same day as trash collection occurs. At all other times, it is expected that all trash containers and equipment used for the storage or disposal of trash, rubbish, garbage or other waste shall be kept clean and shall be stored in an enclosed garage or in a place that is out of public view. However, the Association is sympathetic to owners who must find adequate storage space for the large rolling trash containers or bins that are mandated by the trash collection company. The Association is also sensitive of the residents in Sycamore Farm who may not want to see their neighbor's trash cans on a daily basis. So we have tried to accommodate the needs of both sides of this issue in this rule by allowing owners to store these large trash bins outside, but only if the bins are stored behind the home or along the garage side of the home (to the rear of the home as much as possible). PLEASE NOTE: The Association asks each owner who decides to store their trash bins outside to be considerate and make every effort to hide the trash bins from view as much as they possibly can. To clarify the requirements of this rule, no owners or residents shall store or place any trash cans, bags, or other waste containers in the driveway, the walkways, the front porch, or any other area of the Lot where the trash can, bag or container is visible from the street except as provided in this rule. IX. OUTDOOR HOLIDAY DECORATIONS Holiday lighting and decorations are permitted on all Lots, with Halloween decorations being allowed from October I" through November 15`h each year, and December holiday decorations being allowed from November I" through the following January 31". At all other times of the year, holiday lighting and decorations must be approved by the Committee before being displayed. X. MAILBOXES Mailboxes create an immediate visual impact within a neighborhood that can affect the attractiveness of the community and desirability of the homes in the subdivision. Hence, the Committee believes it is important to maintain the appearance of the mailboxes and posts in the Development by preserving a sense of uniformity of the mailboxes and posts within Sycamore Farm. Hence, the following standards shall be used on all mailboxes and posts in Sycamore Farm: Posts: Blunt 6x6 Cedar Post with Standard Support with built-in newspaper holder/box Mailboxes: Medium T2 standard sized metal mailbox, black in color, with number and address on both sides Vinyl Graphics: Oracal-Beige colored, Zaph Chancery -style font on both sides of box (number and street name). Street name is size (2.65" x 19") and Numbers are size (2.75") Post Paint: Sherwin-Williams WoodScapes Exterior Stain-3004 "Summerhouse Beige". With these standards, an owner should be able to contact any mailbox installation and repair company, tell them these standards, and the company should be able to match the standards. So long as Page Ill an owner follows these guidelines for installation and appearance, the owner does not need to receive prior written approval of the Committee before installing a new mailbox or post. No plastic, resin, poly -vinyl, vinyl, wood, or rubber mailboxes shall be permitted in the Development. No plastic, resin, poly -vinyl, vinyl, wood, rubber, metal, brick or stone posts or postbox combination (i.e. Rubbermaid -style) shall be permitted in the Development. No resin (plastic) newspaper box or other attachments may be added to the mailbox structure. All post and box repairs and replacements must be performed by the Owner. However, the Association reserves the right to adopt procedures and conduct mailbox and post replacement and repair as part of the annual assessments assessed against each lot. All mailboxes and posts shall be properly maintained and kept free of rust or other damage, such as dents, scratches and broken parts. Any mailbox or post installed, painted, or maintained in violation of this rule shall be replaced with a mailbox and/or post that complies with the specifications by the owner upon request by the Association. If an owner who fails or refuses to replace or maintain his mailbox and/or post after being requested to do so by the Association, then the mailbox and/or post is subject to removal and replacement, or maintenance as the case may be, by the Association. If the Association takes action to replace or maintain a mailbox and/or post under this section, the owner shall reimburse the Association for all costs and expenses, including materials and labor, incurred as a result of the work. In lieu of owner responsibility for mailboxes and/or posts, the Association shall also have the right, with the approval of a majority of the members voting at a duly called meeting, to establish a mailbox and/or post replacement reserve fund and to oversee the replacement and maintenance of all mailboxes and posts in the subdivision. XI. ENFORCEMENT A. Enforcement Remedies. These rules and regulations, including amendments or modifications thereto, shall be binding and enforceable upon each and every Lot and Lot Owner in Sycamore Farm the same as if it were set forth in the Declarations or Plat Covenants. The violation of any rule or regulation set forth herein or adopted by the Association shall be subject to an action at law or in equity by the Association to enjoin the violation, or pursue any other relief or remedy as may be set forth in the Declarations, Plat Covenants, Articles or Bylaws. If the Association takes any action to enforce any covenant, rule or regulation, including, but not limited to, the preparing and sending of violation letters, towing of vehicles, self-help or legal action filed in the courts, then the Association shall be entitled to reimbursement of all its costs and expenses, including, but not limited to reasonable attorney fees, administrative charges by a management agent, and court costs, of the enforcement activity or action by the owner in violation of the covenant, rule or regulation. The foregoing remedies shall be in addition to, or supplement, any remedies of the Association set forth in the Declarations, Plat Covenants, Articles or Bylaws, and may be used or applied to any enforcement activity or action taken pursuant to any violation of the Declarations, Plat Covenants, Articles or Bylaws or any rule or regulation adopted pursuant to the authority set forth therein. These additional remedies are adopted herein to maintain the intent and spirit of the Declarations, Plat Covenants, Articles or Bylaws that the Association and its members should not be penalized or suffer financial loss due to any enforcement efforts made necessary to gain or achieve an owner's compliance with the terms and restrictions set forth in the Declarations, Plat Covenants, Articles or Bylaws or any rule or regulation adopted pursuant to the authority set forth therein. Page 112 B. Enforcement Procedures. So owners within the Sycamore Farm subdivision can have an idea of the process to be used in the case of a violation of the Declaration, Articles or Bylaws or any rule or regulation adopted pursuant to the authority therein, the Board has adopted the following standard enforcement procedures to be used to address violation matters (these procedures do not include collection actions): 1. Courtesy Letter. When a violation is identified or reported, the Owner generally will be made aware of the infraction by way of a Courtesy Letter and given a specified period of time, usually fourteen (14) days, to correct the violation. 2. Final Notice Letter. If the violation is not corrected within the time period specified in the Courtesy Letter, or in the event of a new infraction of the same nature, a Final Notice Letter will be sent informing the Owner that he/she is still in violation of the covenant, rule or regulation, and that the Owner has one final opportunity to correct the violation within fourteen (14) days from the date of the Final Notice Letter before the Association turns the matter over to their attorney to pursue legal remedies. This Final Notice Letter will also remind Owners that they will be responsible for any management company fees and/or attorney fees charged to the Association to send a violation letter or to pursue legal action to gain compliance with the Declarations, Plat Covenants, or the rules and regulations. Attorney Letter. If the violation is not corrected within the time period specified in the Final Notice Letter, or in the event of a new violation of the same nature, the Association may elect to have the Association's attorney send a letter informing the Owner that the violation matter has been turned over to his/her office to pursue any legal action necessary to gain compliance with the Declarations, Plat Covenants or the rules and regulations. The Attorney Letter will also inform the Owner that this is their final opportunity to correct the problem, and failure to do so will result in a lawsuit being filed against them to seek a court order for their compliance with the Declarations, Plat Covenants or the rules and regulations. The Attorney's Letter will also let the Owner know that they are also responsible for the cost of the attorney's violation letter. Once a matter is turned over to the attorney for action, correcting the violation alone will not stop the matter from moving forward; the proceedings will not terminate until the Association has been reimbursed its legal expenses. An owner's failure or refusal to reimburse the Association for their legal expenses may result in legal action to collect any and all expenses owed to the Association, including, but not limited to, attorney fees and court costs. 4. Consideration of Legal Remedies If the violation is not corrected after the Attorney Letter is sent to the owner, the Board of Directors will consider the following options: a) Exercising any self-help remedies available to the Association under the Declarations, Plat Covenants and/or the rules and regulations, including towing; b) Filing a lawsuit and pursuing legal action against the owner. If either, or both, of the above options are pursued, the owner will be responsible to reimburse the Association for all of its expenses, including, but not limited to, attorney's fees, interest, and other costs, as stated in the Declarations, Plat Covenants and/or the rules and regulations. A decision to try and use a self-help remedy to correct a violation will not waive the Association's right to subsequently pursue legal action against an owner who remains in violation of the Declarations, Plat Covenants or the rules and regulations following the attempt to use the self-help remedy by the Association. Page 113 Self -Help. The Association may at any time before, during or after the enforcement procedures outlined in this provision exercise its self-help authority as set forth in the Declarations, Plat Covenants and/or the rules and regulations. According to this authority, the Association has the right to determine if an owner is properly maintaining his/her Lot and/or the improvements on the Lot, and whether the owner is committing any other violation of the Declarations, Plat Covenants or rules and regulations. If the Association determines the owner is not properly maintaining his/her Lot or the improvements on the Lot, or is committing any other violation of the Declarations, Plat Covenants or rules and regulations, the Association has the right to enter upon the Lot and mow, trim, prune, abate, repair, or remove the violation or problem. If the Association exercises its self-help authority, the Association and its employees, agents, and contractors are not liable for any damage that might occur or result from the work, and all expenses incurred by the Association to mow, trim, prune, abate, repair, tow or remove the violation shall be treated as a special assessment against the Lot and Lot owner and collected as provided for in the Declarations and Bylaws. Towins. Towing is considered a self-help remedy. However, the Association does not have to follow the same notice letter steps as set forth above before towing a vehicle. For towing purposes, the Association may send the owner one (1) warning letter asking the owner to stop committing the parking violation. If a warning letter is sent to the owner, and the owner continues to commit the parking violation, the owner's vehicle will then be towed. After an owner has been sent a warning letter, the Association does not have to provide the owner with any further notices, but may simply have any vehicle parked in violation of the Declarations, Plat Covenants or rule towed. 8. Violation Notices. All letters and notices regarding a violation of the Declaration or the Rules and Regulations shall be sent to an owner via First Class U.S. Mail, postage pre -paid. Notices or letters are not required to be sent via certified mail. 9. Delay or Failure to Enforce. No delay or failure on the part of any aggrieved party to invoke any available remedy with respect to a violation of any one or more of the restrictions set forth in the Declarations, Plat Covenants or the rules and regulations shall be held to be a waiver by that party (or an estoppel of that party to assert) any right available to him upon the occurrence, recurrence or continuation of such violation or violations of the Declarations, Plat Covenants or the rules and regulations. In short, any provision in the Declarations, Plat Covenants or the rules and regulations can be enforced at any time. 10. Failure to Follow Enforcement Procedures These enforcement procedures are meant to be a guideline for handling the typical enforcement action. However, because enforcement of the Declarations, Plat Covenants and the rules and regulations may depend on many unique factors and/or the specific facts of each matter, including, but not limited to, the number of previous violations committed by an owner and the type, or seriousness, of the violation that is occurring, the Board hereby reserves the right and privilege to use other procedures or modify the aforementioned procedures as it deems necessary and appropriate under the circumstances. Hence, the failure of the Board or Committee to strictly follow the aforementioned procedures shall not constitute a waiver, estoppel, or defense of the right of the Association to enforce at any time any provision of the Declarations, Plat Covenants and the rules and regulations. [The remainder of this page left intentionally blank] Page 114 IN WITNESS WHEREOF, I, the undersigned, do hereby execute this Affidavit of Corporate Resolution for Sycamore Farm Homeowners Association, Inc. and swear, affirm or certify, under penalties of perjury, the truth of the facts herein stated, this 13 day of 'Se p't-e►-- bev , 2011. SYCAMORE FARM HOMEOWNERS ASSOCIATION, INC. by ATTEST: President Sycamore Farm Homeowners Association, Inc. Printed: G AA L I) %3 o L 4 t E72 Secretary Sycamore Farm Homeowners Association, Inc. STATE OF INDIANA ) COUNTY OF nD CkY +`, v , ) Before me a Notary Public in and for said County and State, ersonally appeared R o bef t" A - Gl avaV. and G e rc,\A � II V' of , the President and Secretary, respectively, of Sycamore Farm Homeowners Association, Inc., who acknowledged execution of the foregoing Affidavit of Corporate Resolution for Sycamore Farm Homeowners Association, Inc. and who, having been duly sworn, stated that the representations contained herein are true. Witness my hand and Notarial Seal of this )3 day of t- 661' , 20 i ScottA Tanner Notary Public Seal State of Indiana Johnson County LNotary o is — Suture Commission Ex fires 111t8112 o t t- t4., Printed My Commission Expires: Residence County: I hereby affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. —Scott A. Tanner This document was prepared by: Scott A. Tanner TANNER LAW GROUP 6745 Gray Road, Suite H Indianapolis, IN 46237 (317) 536-7435 Page115