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ABERDEEN BEND HOMEOWNERS ASSOCIATION
ARCHITECTURAL GUIDELINES
Revised February 2013
Aberdeen Bend Declaration of Covenants, Conditions and Restrictions states:
Any and all exterior changes, additions, improvements or installations to any lot must
receive written approval by the Architectural Control Committee prior to installation;
including but not limited fences, decks, recreational equipment (including basketball
goals), any structure, storage shed, clearing, excavation, grading, and other site work,
exterior alteration or modification including the change of paint color; landscaping,
removal of plants, trees, or shrubs. All such exterior modification shall be in strict
compliance with the Architectural Guidelines, the Covenants, Conditions and Restr ictions,
and until the approval of the Architectural Control Committee has been granted.
Aberdeen Bend Declaration of Covenants, Conditions and Restrictions Section 16 states:
The Board shall have the right to promulgate and establish rules and regulatio ns
relating to the requirements for maintenance of the Lots and any other part of the
community.
The following guidelines are provided to assist homeowners in the understanding of the
community’s basic architectural requirements. These guidelines are not intended to cover every
possible issue that may come before the Architectural Control Committee.
Architectural Approval is in addition to any permits required by the local government. These
guidelines will serve for the life of the community but may be amended from time to time by the
Architectural Control Committee and or the Board of Directors.
1.RESIDENCE EXTERIOR Any and all exterior changes must be approved by the
Architectural Control Committee.
2.LANDSCAPING All Landscape improvements, installation, changes or removal must be
approved by the Architectural Control Committee.Plants with large root systems,
including but not limited to trees,shall be planted at least four (4) feet in from owner’s
property line to prevent encroaching on neighbor’s property.Any damage done from new
plantings is the homeowner’s responsibility.
3.FENCING The Architectural Control Committee has the right to approve the design,
materials and location of all fences prior to the installation thereof. The Architectural
Control Committee reserves the right to inspect the fence at any time before, during or
after construction to insure compliance with the approved fencing plan.
The Architectural Control Committee retains the sole and absolute right to dictate the use
of a single fence design for installation along landscape easements and lots adjacent to
the lakes.
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A.FENCING REQUIREMENTS
I.Only wrought iron style fences will be approved, provided such fences do not
exceed 4 feet in height.
II.No fencing will be allowed in the forward of the back setback lines of the
house. With respect to corner lots, this includes the side yard facing the side
street of the residence.
III.The fencing of drainage, utility and landscape easements is subject to special
review of the fence location. Any fencing or improvement placed in such
easements is at the owner’s risk and will not be replaced and or repaired due
to work performed in easement.
B.FENCING –APPROVED CONSTRUCTION TECHNIQUES All fencing shall be
constructed of quality materials and of a high quality professional installation; non
compliance will result in modifications or professional reinstallation at the
homeowner’s expense.
All fencing shall be properly braced and all posts shall be placed into the ground with
concrete or placed at such a depth so as to insure the fence will be secure and will
not move.
All fence bracing or ribbing shall be on the inside of the fence unless otherwise
approved by the Architectural Control Committee.
C.FENCING –MAINTENANCE All fences must be maintained and repaired in a
reasonable fashion.
D.FENCING –INVISIBLE Requests for invisible fencing will be subject to the
Architectural Control Committee’s approval of the proposed fence location prior to
installation. All controller boxes and other equipment shall be hidden from view.
Invisible fences are subject to the same easement restriction.
3.PETS AND LIVESTOCK No animals, livestock or poultry of any kind shall be raised,
bred or kept on any lot, except that dogs, cats or other household pets may not exceed a
total of three (3) may be permitted on a Lot, provided that they are not kept, bred or
maintained for any commercial purposes. All pets shall be confined to their respective
lots or on a leash. The owners of such permitted pets shall confine them to their
respective lots in such a manner so as to prevent such permitted pets from being a
nuisance. Owners of dogs shall control them to avoid barking which will annoy or disturb
other homeowners. All pets walked within community are to be leashed.It is the owner’s
responsibility to clean up after their pet within the community including lawns, common
areas, street and sidewalks.
4.DOG KENNELS AND HOUSES Dog kennels/runs will be denied. The Architectural
Control Committee maintains the right to approve or disapprove installation of dog
houses. If approved, dog houses shall be placed in a location where they are not visible
from the street or to surrounding homeowners. If approved all the materials, design and
location of all dog houses must be approved in writing prior to construction thereof.
5.SHEDS AND ACCESSORY STRUCTURES Requests for sheds and accessory
structures will be denied.
6.ANTENNAS –TELEVISION, RADIO AND SATELLITE In order to comply with the
Federal Telecommunications Act of 1996, and the Federal Communications Commission
rules governing Over-the-Air Reception Devised (OTARD), owners may only install
satellite dishes that are one meter or less in diameter. One meter is equal to 39.37
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inches, and “diameter” is the distance measured across the widest part of the dish. Only
two (2) dishes may be installed on each lot, unless additional dishes are required to
receive additional or unique transmissions that cannot be received by a previously
installed dish. The Committee reserves the right to require written verification for the
installation of additional dishes upon a lot.
The OTARD Rule allows Associations to designate a preferential order of
placement for dishes in their community. To that end, the Committee desires that
satellite dishes be permanently mounted in a location on the lot that is the least visible
from the street directly in front of the lot, but which will not result in a substantial
degradation of reception. This specific order of location priority is:
A. in the rear of the lot;
B. on the side of the lot; and
C. the front of the home.
Therefore, an owner must install a satellite dish in the rear portion of the lot if
acceptable reception can be received from that location. If acceptable reception cannot
be obtained in the rear portion of the lot, then the dish may be located along the side of
the home if adequate reception can be received from that location. If adequate reception
cannot be received from a location along the side of the home, then a dish may be
located in the front of a home. However, if a dish is located in the front of a home, the
Committee has the right to ask the owner to provide written proof from a reputable dish
installation company or expert that the owners dish had to be placed in front of the home
to prevent a substantial degradation of reception.
The owner must follow this preferential placement guideline when he installs a
satellite dish on his property. If the Committee determines that the owner did not
properly follow the preferred placement order when installing his satellite dish, the
Committee has the right to require the owner to move his dish to another location that is
less visible from the street, so long as the relocation of the dish does not substantially
impact or degrade the reception of the devise. For example, if an owner locates a dish
on the front of his home, and the Committee determines that the owner could have
installed his dish in a location on the rear or side of the home that would have still allowed
adequate reception, then the Committee may require the owner to move the dish, at the
owner’s expense, to a less visible location.
In addition, the Committee has the right to require the owner to install
landscaping, fencing or other screening around his dish to help hide it from direct view of
the street, or to cover or paint the dish to make it blend in with its surroundings, so long
as none of these changes or screenings Impair the reception of the device.
Other antennae, aerials or devises, towers or radio antennae that are not
covered by the OTARD rule, such as dishes larger than one (1) meter in diameter and
ham or amateur radio antennas are strictly prohibited on any lot within the community.
The Committee reserves the right to adopt rules or make changes to the requirements of
this provision as allowed by or required by any changes or amendments to the Federal
Telecommunications Act of 1996.
7.DECKS The Architectural Control Committee prior to the commencement of construction
must approve final configuration of the deck and any stain or color treatment.
A.The deck shall be constructed of treated lumber,cedar, or composite materials.
B.Railing on deck shall not exceed four feet in height.
C.Local building permit may be required.
D.All decking shall be constructed of quality materials and of a high quality professional
installation.
E.All wood decks shall be treated with a wood preservation stain as needed to maintain
a quality finish to the deck.
3.PORCHES, SCREENED-IN PORCHES, ROOM AND GARAGE ADDITIONS All detailed
construction plans must be submitted and approved by the Architectural Committee prior
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to the commencement of construction. Requests for screened-in porches, garage and
room additions will be approved subject to the following guidelines.
A.The additions shall be constructed of quality materials.
B.The roofline shall follow the natural roofline of the home.
C.The roof, siding and trim shall match the materials and colors of the primary
residence.
D.Local building permit may be required.
4.POOLS
A.The Architectural Control Committee prohibits the installation of above ground pools.
B.A detailed development plan must be provided to the Architectural Control Committee
for its review and approval prior to the commencement of construction of any in
ground pool.
C.In ground pools must comply with all state and local government rules and
regulations.
D.No alteration to the existing grade of any lot may be done without the prior approval
of the Architectural Control Committee. Any proposed grade changes must be
shown on the proposed plans.
E.Application for construction of an in ground pool will not be considered unless
accompanied by an application for an acceptable fence design. The height shall
conform to county or municipal regulations for such fencing.
F.Requests for pool houses, storage sheds or mini-barns will be denied.
5.BASKETBALL COURTS Requests for the installation of basketball courts will be denied.
6.BASKETBALL GOALS Requests for the installation of basketball goals will be
approved, subject to the following:
A.Only basketball goals constructed with clear Plexiglas backboards will be approved
for installation.
B.No backboard shall be attached to the primary residence.
C.Generally, goals will be approved if they are located adjacent to driveways.
D.All posts must be installed in concrete.
E.The Architectural Control Committee shall have the right to approve the final location
of the goal and backboard prior to installation.
7.LAWN ORNAMENTS All permanent or temporary lawn ornaments and other items
added to the lot beyond the primary residence are subject to the approval of the
Architectural Control Committee. No lawn ornament shall be installed without
Architectural Approval whether permanent or non-permanent. No lawn ornaments will
be approved that is visible from the street.All such approved items must be maintained
in good repair by the homeowner.
8.LOT MAINTENANCE A homeowner shall not permit the growth of weeds and volunteer
trees and bushes on their lot and shall keep their lot reasonably clear from such unsightly
growth at all times.
A.Mow the lot at such times as may be reasonably required in order to keep the grass
no longer than 4 inches and prevent the unsightly growth of vegetation and noxious
weeds;
B.Remove all debris or rubbish;
C.Prevent the existence of any other condition that reasonably tends to detract from or
diminish the aesthetic appearance of the Real Estate;
D.Where applicable, prevent debris and foreign material from entering drainage areas;
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E.Keep the exterior of all improvements in such a state of repair or maintenance as to
avoid their becoming unsightly;
F.If a homeowner fails to comply with this restriction, the Homeowners Association
shall cause the grass and or weeds to be cut and the lot cleared of such growth at
the expense of the homeowner.
9.MAILBOXES Each Owner shall maintain their mailbox in good condition. As necessary
the Owner shall replace the mailbox with the same type, color, and numbering as the
original installation.Mailbox posts must be stained an approved color. The three
approved stain colors for the mailbox posts include Rosewood, Cedar,and Natural.
These are by either Zar or Cabot and are available at Home Depot and Lowe’s.You may
also stain it black like the surrounding communities. Similar colors MAY be approved at
the Committee’s sole discretion.
10.SIGNAGE All signage is subject to local and state regulations. The Declarant and its
builders reserve certain sign rights as outlined in the Declaration of Covenants,
Conditions and Restrictions. All signage other than generally acceptable for sale sign on
the individual lot is subject to the approval of the Architectural Control Committee.
PROHIBITED SIGNAGE
A.Signs advertising goods, services or home occupations.
B.Pennant, banner and portable signage not approved by the Architectural Control
Committee.
C.No signage shall be located as to restrict or obstructs traffic visibility.
D.No signage will be allowed within the right-of-way of a dedicated public street or
common area.
E.The Declarant and its builders shall be exempt from this requirement.
11.PLAY EQUIPMENT / SWING SETS / TRAMPOLINES The Architectural Control
Committee has the right to approve all requests for play structures prior to their
installation. Requests for playground structures will be approved subject to the following
guidelines:
A.The structure shall be constructed of quality materials.
B.Request for the installation of non-commercial metal structures will be denied.
C.The playground structure shall not exceed fifteen feet (15’) in height.
D.Trampolines must receive written architectural approval from the committee before
installation.
12.FLAG POLES Flag poles 15 or 20 foot in height may be approved based on requested
placement location. US Flags only.
13.GARBAGE CANS, TANKS,WOOD PILES ETC All garbage cans, mechanical
equipment,wood piles,and other similar items on Lots shall be located or screened so as
to be concealed from view of neighboring Lots, streets, and property located adjacent to
the Lot. All rubbish, trash, and garbage shall be stored in appropriate containers. Trash
containers shall not be set out at the curb more than 22 hours prior to the designated
trash pick up date. All garbage containers must be removed from the Common Areas
within 12 hours of trash pick up. Trash shall not be allowed to accumulate on any lot. No
Owner shall burn or permit burning out-of-doors of garbage or other refuse.
14.CLOTHES LINES ARE NOT PERMITTED
15.OUTSIDE LIGHTING Except for seasonal Christmas decorative lights, which may be
displayed between December 1 and January 15 only, all exterior lights must be
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approved. Generally, requests for installation of outside lighting will be approved subject
to the following conditions being met:
A.No more than double floodlights will be approved without specific approval from the
Architectural Control Committee not to exceed 150 watt or 90 watt Halogen bulbs.
B.Landscape lighting shall be low-voltage type lighting and must be directed down.
“Up” directed lighting and fixtures must be specifically approved by the Architectural
Control Committee. A total landscape lighting design must be presented and
approved by the Architectural Control Committee.
C.All exterior light (i.e. landscape, security, etc.) must fall within property limits. Lighting
that is directed offsite shall be prohibited.
D.Owners are responsible for maintaining all exterior lighting by replacing burnt out light
bulbs and ensuring light fixtures are in good working order.
16.HOLIDAY DECORATIONS All Holiday decorations must be removed from display on any
Lot no more than thirty (30) days past the intended holiday.
17.RETAINING WALLS Any proposed retaining wall must be materially (i.e. stone, brick,
etc.) and architecturally compatible with the exterior finishes of the residence and shall be
approved by the Architectural Control Committee prior to installation. Retaining walls,
which divert ground water onto adjoining properties or which otherwise substantially
change the existing drainage pattern, will not be approved.
18.AIR COOLING UNITS Air cooling units or other like utilities that are outside of the
residential structure must be located at the side or rear of the home and except as may
be permitted by the Committee. No window air conditioning units may be installed on any
Lot.
19.FIREARMS The discharge of firearms within the Properties is prohibited.The term
“firearms” includes bows and arrows, slingshots “B-B” guns, pellet guns, and other
firearms of all types, regardless of size. Notwithstanding anything to the contrary
contained herein or in the Bylaws, the Association shall not be obligated to take action to
enforce this Section.
20.VEHICLE PARKING No recreational vehicle, motor home, truck which exceeds ¾ ton
weight load, trailer, boat, or disabled vehicle may be parked or stored overnight or longer
on any lot in open public view or on community streets.
21.UNLICENSED MOTORIZED VEHICLES Motor scooter, mini bikes, ATV and/or any other
unlicensed motorized vehicles are prohibited in the community, common areas and
streets.
22.NUISANCES No portion of the Properties shall be used, in whole or in part, for the
storage of any property or thing that will cause it to appear to be in an unclean or untidy
condition or that will be obnoxious to the eye; nor shall any substance, thing, or material
be kept upon any portion of the Properties that will emit foul or obnoxious odors.
23.BUSINESS USE Without the prior consent of the Board, no trade or business may be
conducted in or from any Lot, except that an Owner or occupant of a Lot may conduct
business activities within the Unit so long as:
A.The existence or operation of the business activity is not apparent to detectable by
sight, sound or smell from outside the unit;
B.The business activity conforms to all zoning requirements for the Properties;
C.The business activity does not involve persons coming onto the Properties who do
not reside in the Properties or door-to-door solicitation of residents of the Properties.
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D.The business activity is consistent with the residential character of the Properties and
does not constitute a nuisance, or a hazardous or offensive use, or threaten the
security or safety of other residents of the Properties, as may be determined in the
sole discretion of the Board.
E.The terms “business” and “trade”, as used in this provision, shall be construed to
have their ordinary, generally accepted meanings, and shall include, without
limitation, any occupation, work or activity undertaken on an ongoing basis which
involves the provision of goods or services to persons other than the provider’s family
and for which the provider receives a fee, compensation or other form of
consideration, regardless of whether:
Such activity is engaged in full or part-time
Such activity is intended to or does generate a profit; or a license is required
therefore.
Notwithstanding the above, the leasing of a Lot shall not be considered a
trade or business within the meaning of this section. This section shall not
apply to any activity conducted by the Declarant or a builder approved by the
Declarant with respect to its development and sale of the Properties or its
use of any Lots which such entity owns within the Properties.
24.NON-COMPLIANCE AND VIOLATION LETTER PROCESS
A.Once a violation is addressed by regular mail from the HOA board to the homeowner,
15 days is given to become compliant or make arrangements with the board to
become compliant.
B.At the end of those 15 days, a second letter will be sent via regular mail and 15 more
days are granted to become compliant or make arrangements with the board to
become compliant. Notice of Administration Fee will be included in second letter.
C.At the end of those 15 days, a third letter will be sent via certified mail and a $30.00
administration fee will be applied to the homeowner's HOA account.
D.This will continue every 15 days with an additional $30.00 administration fee that will
be applied to the homeowners HOA account until the violation is rectified.
E.After a reasonable amount of time and non-compliance continues the matter will be
pursued with legal action.
F.Once the homeowner becomes compliant, with any recurrence of the same violation,
the process will resume where it had left off for that violation.
SCHEDULE FOR APPROVAL
The Architectural Control Committee will render a decision generally within 30 days of
receipt of a complete submittal of the request for approval. The request shall be on the
attached Request for Architectural Change Form. Approval must be received prior to
commencement of installation.
Forms should be submitted to and requested from:
ABERDEEN BEND HOA
11711 North College Avenue, Suite 100
Carmel, IN 46032
Email:tcross@cas-indiana.com or jfreeman@cas-indiana.com