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HomeMy WebLinkAboutCCRS, Code of By-Laws, Architectural Rules, rj Thta Irwtrurntnt f rcordod WV) 1C0 &Won IC Chorry,Hccorcbr,Hunlqun Cc'•.iry.t4 RECEIVE() 9000'717 4�C�\1 01 rnP. rnth:, DECLARATION OF CDVENANTS. {+ HAR 29 II 25 AU '90 CONDITIONS AND RESTRICTIONS 4QV '.7;}IM1ON K. CHl:M(! FOR/ROHRER MEADOWS) RU CORDER II.TtHR5;DECLARATION made this i3 day of 11AkC4 1990 by THE C. P. MORGAN CO. , INC. , an Indiana corporation ( "Developer") , WITNESSETH THAT: WHEREAS, Developer is the owner of certain property located in Hamilton County, Indiana, which is more particularly described in Exhibit "A", attached hereto and by reference made a part hereof, which land has been subdivided for development of single family housing (the "Development") as more particularly described on the plats thereof recorded on'771..44). a9 , 199C) , in Noblesville, 9000T/ r Indiana, as Instrument NoS, fO 06.7/? , Book No. Pages and future plats thereof to be recorded in the Office of the Recorder of Hamilton County, Indiana (the "Plats) ; and WHEREAS, Developer is improving and selling the residential lots situated within the Development and, before doing so, desires to subject and impose upon all real estate located within the Development mutual and beneficial restrictions, covenants, conditions and charges (the "Restrictions") under a general plan or scheme of improvement and maintenance for the benefit of the lots and lands in the Development and future owners thereof: WHEREAS, Developer has caused or will cause the incorporation of Rohrer Meadows Homeowners' Association, Inc. , an Indiana not-for-profit corporation, for performing certain duties hereinafter set forth: • NOW, THEREFORE, Developer hereby declares that all of the lots and lands located within the Development shall be held, sold, conveyed and improved, subject to the following Restrictions, all of which are declared and agreed to be in furtherance of a plan for the improvement and maintenance of said lots and lands in the Development, and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Development as a whole and of each of said lots situated therein. All of the Restrictions shall run with the land and shall be binding upon Developer and upon the parties having or acquiring any right, title or interest, legal or equitable, in and to the real • property or any part or parts thereof subject to such Restrictions, and shall inure to the benefit of Developer's successors in title to any real estate in the Development. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Rohrer Meadows Homeowners' Association, Inc. , an Indiana not-for-profit corporation formed or to be formed, and its successors and assigns. section 2. "Board of Directors" shall mean and refer to the Board of Directors of the Association. Section 3. "Common Areas" shall mean and refer to those areas and all improvements located thereon for recreation areas, theme structures, street entrances or mounds thereon, lights, park areas, street landscaping, and any other areas so designated on the Plats. Section 4. "Developer" shall mean and refer to The C. P. Morgan Co. , Inc. , an Indiana corporation. Section 5. "Development" shall mean and refer to the residential development which now exists or may hereafter be created within the real estate located in Hamilton County, Indiana, which is more particularly described in Exhibit "A" attached hereto and by reference made a part hereof. Section 6. "Development Period" shall mean and refer to the period of time during which Developer owns any one (1) Lot within the Development. Section 7. "Easements" shall mean and refer to certain "Drainage Easements" and "Utility Easements", and those certain "Signage Easements" , which are reflected on the Plats. Section 8. "Lot" shall mean any parcel of real estate, whether residential or otherwise, described by the Plats. ARTICLE II ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 1. Members. Every owner of a Lot which is subject to assessment and Developer shall be a member of the Association. -2- Membership shall be appurtenant to and may not be separated from ownership of any Lot. Section 2. Class of Members. The Association shall have two (2) classes of membership: Class A. Class A members shall be all owners of Lots within the Development, with the exception of the Developer, and such members shall be entitled to one (1) vote for each Lot owned. When more than one ( 1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the owners among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B. The Class B member shall be the Developer, which shall be entitled to three "(3) votes for each Lot owned at any time. Class B membership of Developer shall expire at such time as Developer no longer retains an ownership interest in the Development. Section 3. Association. The Class A and B members shall elect a Board of Directors of the Association as prescribed by the Association's By-Laws. The Board of Directors shall manage the affairs of the Association. Section 4. Mandatory Membership. Membership shall be mandatory with mandatory assessments as hereinafter provided and shall be subject to any reasonable rules and regulations of the Association not in conflict with the provisions hereof, the Articles of Incorporation and By-Laws of the Association and any applicable federal, state or local constitution, statute, ordinance, rule or regulation. Such rules and regulations shall be applied uniformly and in a non-discriminatory manner except as provided herein. ARTICLE III COVENANT FOR ASSESSMENTS Section 1. Creation of the Personal Obligation and Lien of Assessments. Developer, for each Lot owned within the Development, hereby covenants and each other owner is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; and -3- (2) special assessments for capital improvements and operating deficits; such assessments to be established and collected as hereinafter provided. The assessments described herein shall be mandatory upon all of the Lots and shall commence at the time a Lot is conveyed to an owner (other than to a builder during the construction period) . The annual and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment became due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by such successors. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the members of the Association and for the maintenance of the Easements and Common Areas and other purposes as specifically provided herein. Section 3. Maximum Annual Assessments. (a) Until December 31, 1991, the maximum annual assessment on any Lot conveyed by Developer shall be One Hundred Fifty and no/100 Dollars ($150.00) per Lot. (b) Thereafter, the maximum annual assessment may be increased by not more than twenty per cent (20%) in any year by the Board of Directors. (c) The maximum annual assessment may be increased by more than twenty per cent (20%) in any year by a vote of a majority of the members who are voting in person or by proxy, at a meeting duly called for this purpose. Section 4. Special Assessments _for Capit.el Improvements Operating Deficits. In addition to the annual assessments authorized above, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any property which the Association is required to maintain or for operating deficits which -4- the Association may from time to time incur, provided that any such assessment shall have the assent of a majority of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Ouorum for Anv Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members at least ten (10) days in advance of the meeting. The presence in person or of proxies of members entitled to vote constituting the representation of a majority of the total votes shall constitute a quorum. section 6. Uniform Rate of Assessment. Both annual and special assessments for capital improvements and operating deficits must be fixed at a uniform rate for all members and may be collected on an annual or monthly basis as determined by the Board of Directors. Section 7. Due Dates and Notices. The Board of Directors shall fix any increase in the amount of the annual assessment at least thirty (30) days in advance of the effective date of such increase. Written notice of special assessments and such other assessment notices as the Board of Directors shall deem appropriate shall be sent to every member subject thereto. The due dates for all assessments shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate in recordable form signed by an officer of the Association setting forth whether the assessments as to a specified Lot have been paid. A properly executed certificate from the Association regarding the status of assessments for any Lot shall be binding upon the Association as of the date of its issuance. Section a. Effect of Nonpayment of Assessments: Remedies of the Association. If any assessment (or monthly installment of such assessment, if applicable) is not paid on the date when due (pursuant to Section 7 hereof) , then the entire unpaid assessment shall become delinquent and shall become, together with such interest thereon and cost of collection thereof as hereinafter provided, a continuing lien on such Lot, binding upon the then owner, his heirs, devisees, successors and assigns. The personal obligation of the then owner to -5- pay such assessments, however, shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. If any assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of eighteen per cent (18%) per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or to foreclose the lien against the property, or both, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action; and in the event a judgment is obtained such judgment shall include interest on the assessment as above provided and a reasonable attorneys' fee to be fixed by the court, together with the costs of the action in favor of the prevailing party. No owner may waive or otherwise escape liability for assessments provided for herein by abandonment of his Lot. Section 9. Subordination of Lien to Mortgages. The lien of assessments provided for herein shall be subordinate to the lien of any first mortgage. No sale or transfer shall relieve any Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE IV DEVELOPER'S RIGHTS. So long as Developer owns any Lot in the Development, Developer shall, at its option, have the right to perform the functions of the Association and the Board of Directors and to maintain, and/or manage the Development. Developer's right to manage shall include the right to set annual assessments subject to the limitations herein contained and provided that such assessments shall be reasonably related to the actual cost of maintaining and operating the Easements and Common Areas and to adopt rules and regulations governing the use of the Development. Such rights shall be subject to the following: (a) Developer may manage or cause to be managed the Development and it shall have the right to assess and collect the maximum annual assessment as set forth in -6- Article III, Section 3 above. After December 31, 1991, Developer may increase the amount of annual assessment so long as such increase shall not exceed the maximum percentage increase permitted by such Article III, Section 3, without vote of the members, unless a greater increase is approved by the membership as therein provided. (b) Developer shall have the right to transfer the management of the Development, or any part thereof, to the Association at any time it believes that the Association is able to manage the Development without undue difficulty. Developer' s right to manage the Development shall expire when Developer no longer retains any ownership interest in any portion of the Lots. So long as the management of the Development is being borne by Developer, the rights of the Association to manage the Development and set assessments shall be suspended. Notwithstanding any provision hereof to the contrary, at all times and from time to time prior to the sale of the last Lot in the Development, Developer, its successors and assigns, hereby reserve the right: (a) to erect and maintain within the Development all advertising signs, banners, lighting and other sales aids or devices for the purpose of promoting the sale of residences and Lots within the Development; (b) to maintain sales, business or construction offices or trailers within the Development, including model homes and model display areas to facilitate the construction and sale of Lots and residences within the Development; and to utilize the Common Areas for ingress, egress and parking in connection with the construction and sale of Lots and proposed improvements within the Development. ARTICLE V MAINTENANCE BY ASSOCIATION The Association shall provide all maintenance and repairs to the Easements and Common Areas as deemed necessary or appropriate by the Board of Directors. The Board shall further make reasonable arrangements for snow removal within the Development. -7- In the event that the need for maintenance or repair is caused through the willful or negligent act of any member, his family, guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment for which such member is liable, shall be deemed to be a mandatory assessment as to any Owner and shall be the personal obligation of such member enforceable as provided in Article III, Section 8. ARTICLE VI. INSURANCF • Section 1. Liability Insurance. The Association may purchase liability insurance in such amount or amounts and in such form as the Board of Directors shall deem appropriate from time to time. Such liability insurance policy shall cover the Association, its Board of Directors, any committee or organ of the Association or Board of Directors, Developer (if it has any interest in the Properties) , all Owners and all other persons as the Board of Directors may determine. The Association shall also obtain any other insurance required by law to be maintained, including but not limited to workmen's compensation insurance, and such other insurance as the Board of Directors shall from time to time deem necessary, advisable or appropriate. Such insurance coverage shall also provide for and cover cross liability claims of one insured party against another insured party. Such insurance shall inure to the benefit of each Owner, Developer, the Association, its Board of Directors and any managing agent acting on behalf of the Association. Section 2. Casualty and Restoration. Damage to or destruction of the Easements or Common Areas or any portion thereof or improvements thereof shall be promptly repaired and reconstructed by the Association and the proceeds of insurance, if any, shall be applied for that purpose. ARTICLE VI I RESERVATION OF EASEMENTS The Easements relating to utilities are hereby created and reserved for the use of all public utility companies (not including -8- transportation companies) , governmental agencies and the Association, 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. The Easements relating to drainage are hereby created and reserved; (i) for the use of Developer during the Development Period for access to and installation, repair or removal of a drainage system, either by surface drainage or appropriate underground installations, for the Development and adjoining property and (ii) for the use of the Association and the Hamilton County Drainage Board for access to and maintenance, repair and replacement of such drainage system, provided, however, that the owner of any Lot in the Development subject to an Easement shall be required to keep the portion of said Easement on his Lot free from obstructions so that the surface water drainage will be unimpeded. The delineation of the Easements shall not be deemed a limitation on the rights of any entity for whose use any 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 paragraph. No permanent structures, except decks, fences, patios, driveways or walkways, which structures shall not unreasonably impair the use of the Easements, shall be created or maintained upon said Easements. The owners of Lots in the Development shall take and hold title to the Lots subject to the Easements herein created and reserved. ARTICLE VIII GRANT OF EASEMENT Developer hereby conditionally grants, conveys and declares a non-exclusive easement for the reasonable use and enjoyment of the park area of the Development (the "Park"), as such is more particularly described on the Plats, for the benefit of certain real estate heretofore subdivided for development and known as Rohrer Woods as described on the plats thereof recorded on December 2, 1988, in Noblesville, Indiana, Section I as Instrument No. 8825612, Book No. 16, Pages 86-88, and Section II as Instrument No. 8825613, Book -9- No. 16, Pages 89-91, in the Office of the Recorder of Hamilton County, Indiana ("Rohrer Woods") . The easement granted herein is subject to the following conditions: (a) Rohrer Woods Homeowners' Association, Inc. , an Indiana not-for-profit corporation ("Woods Association") , prior to the use and enjoyment of the Park by Rohrer Woods, shall elect to contribute one-half (1/2) of the total annual costs associated with the maintenance, repair or replacement of and insurance for the Park, its facilities and landscaping, and shall notify the Developer, or after the Development Period the Association, in writing of such election; (b) The terms and conditions as contained or may be contained in this Declaration or .any amendments thereto and the Plats; and (c) Any rules and regulations or restrictions as may be adopted by the Association or imposed by any governmental authority. The easement granted herein shall, upon receipt of the written notice of election described in subparagraph (a) of this Article VIII, and so long as Rohrer Woods continues to contribute towards the maintenance of the Park as described in subparagraph (a) herein, be permanent, shall burden the Park and benefit Rohrer Woods, and shall be binding upon Developer, Association, and their successors and assigns, and shall benefit Rohrer Woods. ARTICLE I . GENERAL PROVISIONS Section 1. Right of Enforcement. In the event of a violation, V/ or threatened violation, of any of the covenants, conditions and restrictions herein enumerated, Developer, the Association, the persons in ownership from time to time of the Lots or other real estate within the Development and all parties claiming under them shall have the right to enforce the covenants, conditions and restrictions contained herein, and pursue any and all remedies, at law or in equity, available under applicable Indiana law, with or -10- without proving any actual damages, including the right to secure injunctive relief or secure removal by due process of any structure not in compliance with the covenants, conditions and restrictions contained herein, and shall be entitled to recover reasonable attorneys' fees and the costs and expenses incurred as a result thereof. Section 2. Amendment. This Declaration may be amended at any time by an instrument recorded in the Office of the Recorder of Hamilton County, Indiana, executed by the Association and approved by at least a majority of Class A and B members; provided, however, none of the rights or obligations of Developer reserved hereunder may be amended or changed without Developer's written and recorded approval. This Declaration may be amended by Developer, if it then has any ownership interest in the Development; at any time within two (2) years after the recordation hereof by written instrument recorded in the Office of the Recorder of Hamilton County, Indiana. This Declaration shall run with the land and shall be binding upon all parties claiming under them for a period of twenty-five (25) years from the date of recordation in the Office of the Recorder of Hamilton County, Indiana, and shall be automatically extended for successive periods of ten ( 10) years each unless prior to the expiration of any such ten (10)-year period it is amended in whole or in part as hereinabove provided. Invalidation of any of the covenants, conditions and restrictions of this Declaration by judgment or decree shall in no way effect any of the other provisions hereof, but the same shall remain in full force and effect. Section 3. Annexation. Additional propertymay be annexed to the Development by Developer within three (3) years from the date of recordation hereof by the recording of a declaration applicable to such annexed real estate which incorporates the terms of this Declaration. Thereafter, additional property may be annexed to the Developer with the consent of a majority of the members of the Association by the recording of a declaration applicable to such annexed real estate which incorporates the terms of this Declaration. -11- IN WITNESS WHEREOF, Developer has caused this Declaration to be executed as of the date first above written. THE C. P. MORGAN/ CO. , INC. i e:22 . By GA.), /.J/zJ , cc. STATE OF INDIANA ) SS: COUNTY OF MARION Before me, a Notary Public in and for said County and State, personally appeared ()(//.. 77 /( Ql- , the V fCE—Pe.EsiD -r of The C. P. Morgan Co. , Inc. , an Indiana corporation, who after having been duly sworn, acknowledged the execution of the foregoing Declaration of Covenants, Conditions and Restrictions for and on behalf of said corporation. ��� DATED this /.3 day of /�}7AkcL./f , 1990. .. CDEAI-All 14. GwirOti1 ) Notarybble,c My Commission Expires: ....... /a/y/9 2 My County of Residence is: al,ie%tl This Instrument was prepared by Brian J. Tuohy, Attorney. X:G11\1020.bem -12- EXHIBIT "A" • Part of the Northwest Quarter of. Section 24, Township 18 North, Range 3 East In Hamilton County, Indiana described as follows: Beginning at a square head bolt at the Southeast corner of said quarter; thence on an Assumed bearing of South 88 degrees 39 minutes 50 seconds \Yest along the South line thereof and along the North line of Hunters Creek South Section Two the of which Is recorded In Plat Book 13, page 103 In the Office of the Recorder of Hamilton County, Indiana, a distance of 1414.58 feet to a 5/8 Inch rebar with a yellow cap marked 'Schneider Engr. Corp." at the Southeast corner of Rohrer Woods Section Two the plat of rrhlch la recorded In Plat Book 16, page 89-91; thence North 00 degrees 00 minutes 00 seconds East along the East line of said Rohrer Woods Section Two a distance of 546.24 feet to the Northeast corner thereof; thence South 88 degrees 39 minutes 22 seconds West along the North line of said Rohrer Woods Section Two a distance of 3.00 feet to a 5.8 Inch rebar with yellow cap marked "Schneider Engr. Corp." at a Southeast corner of Hunters Creek Village Section Four the plat of which is recorded In Plat Book 12, pages 28-30; thence North 00 degrees 09 minutes 58 seconds West along an East line of said Hunters Creek Village Section Four a distance of 111.33 feet to a 5/8 loch rebar with yellow cap marked "Schneider Engr. Corp." at a corner of said Hunters Creek Village Section Four; thence North 88 degrees 28 minutes 33 seconds East along a South line of said hlunters Creek Village Section Four a distance of 756.09 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp." at a Southeast corner thereof; thence continuing North 88 degrees 28 minutes 33 seconds East along the Easterly extension of said South line a distance of 120.00 feet to a 5.8 inch rebar with yellow cap marked "Schneider Engr. Corp."; thence South 00 degrees 09 minutes 54 seconds East parallel with the East line of the Northwest Quarter a distance of 147.52 feet to a 5/8 inch rebar with yellow cap rnarkhd "Schneider Engr. Corp."; thence North 89 degrees 44 minutes 30 seconds East a distance of 539.87 feet to a railroad spike on the East line of said Quarter; thence South 00 degrees 09 minutes 54 seconds East along said East line a distance of 502.73 feet to the point of beginning• 3-a tOPO Tine irwtrumenl Recorded Motors K.0*(0• 67 (3 7/7 �4 CODE OF BY-LAWS I - F, i ROHRER MEADOWS HOMEOWNERS' ASSOCIATION, INC. ARTICLE I Identification Section 1. Name. The name of the corporation is "Rohrer • Meadows Homeowners' Association, Inc. " (the "Corporation") . Section 2. Principal Office and Resident Agent. The post- office address of the principal office of the Corporation is 1980 East 116th Street, Suite 125, Carmel, Indiana 46032; and the name of its Resident Agent in charge of such office is William B. Blake. Section 3. Piscal, Yeax. The fiscal year of the Corporation shall begin at the beginning of the first day of January in each year and end at the close of the last day of December next succeeding. ARTICLE II Members Section 1. Membership. Every Owner, as defined in a certain declaration of covenants, conditions and restrictions of Rohrer Meadows ("Declaration") as recorded or to be recorded-i.n the office of the Recorder of Hamilton County, Indiana, and the members of the first Board of Directors of the Corporation as specified by its Articles of Incorporation or their successors as appointed under the Declaration shall be a member of the Corporation. Each Owner shall be entitled to one (1) vote for each Lot owned. Section 2. Place of Meeting. All meetings of members of the Corporation shall be held at such place, within or without the State of Indiana, as may be determined by the Board of Directors and specified in the notices or waivers of notice thereof or proxies to represent members at such meetings. Section 3. Annual Meetings.. The annual meetings of members shall be held on the third Thursday in March of each year, if such day is not a legal holiday, or if a legal holiday, then on the next succeeding business day which is not a legal holiday. Section 4. Special Meetings. Special meetings of members may be called at any time for the purpose of considering matters which require the approval of all or some of the voting members, or for any other reasonable purpose. Any such special meeting shall be called by written notice, authorized by a majority of the Board, or by one- third (1/3) of the members, delivered not less than seven (7) days EXHIBIT "B" SCANNED prior to the date fixed for such meeting. The notices shall specify ' the date, time and place of meeting and the matters to be considered. Section 5. Notice of Meetings. Written or printed notice stating the place, day and hour of a meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called shall be delivered or mailed by the Secretary of the Corporation to each member of record of the Corporatid entitled to vote at the meeting, at such address as appears upon the records of the Corporation, at least ten (10) days before the date of the meeting. Notice of any meeting of the members may be waived in writing by any member if the waiver sets forth in reasonable detail the purpose or purposes for which the meeting is called and the time and place thereof. Attendance at any meeting in person or by proxy shall constitute a waiver of notice of such meeting. Section 6. Voting at Meetings. (a) Voting Rights. There shall be one person with respect to each Lot, as such term is defined in the Declaration, who shall be entitled to vote at any meeting of the members. Such person shall be known as the "Voting Member. " Such Voting Member may be the Owner or one of the group comprised of all the Owners of a Lot, or may be some person designated by such Owner or Owners to act as proxy on his or their behalf and who need not be an Owner. Any or all of such Voting Members may be present at any meeting of the Voting Members and may vote or take any action as a Voting Member, either in person or by proxy. Developer, as such term is defined in the Declaration (or its nominee) , may exercise the voting rights with respect to any Lot owned by it. (b) proxies. A Voting Member is entitled to vote either in person or by proxy, executed in writing by such Voting Member or by his or her duly authorized attorney-in-fact and delivered to the Secretary of the meeting. Proxies shall be valid only for the particular meeting designated thereon and must be filed with the Secretary before the scheduled time of the meeting. In any meeting of the Voting Members called for the purposes of electing the Board of Directors of the Corporation each Voting Member shall be permitted to cast the number of votes to which he is entitled, as hereinabove set forth, for each Director of the Corporation to be elected at such meeting. (c) Quorum and Adjournments. The presence in person or by proxy of the Voting Members constituting the representation of a majority of the total votes shall constitute a quorum. Unless otherwise expressly provided herein, any action may be taken at any meeting of the Voting Members at which a quorum is present upon the affirmative vote of the Voting Members having a majority of the total votes present at such meeting. Any meeting of the Voting Members, including both annual and special meetings and any adjournments thereof, may be adjourned to a later date without notice other than -2- announcement at the meeting even though less than a quorum is present. Section 7. Dist of Voting Members. At least five (5) days before each meeting of Voting Members, the Secretary of the Corporation shall prepare or cause to be prepared a complete list of the Voting Members of the Corporation entitled to vote at such meeting arranged in alphabetical order with the address of such Voting Members and shall be subject to inspection by a record Voting Member. The original or duplicate membership register shall be the only evidence as to the persons who are entitled as Voting Members to examine such lists or to vote at such meeting. Section B. Action by Written Consent. Any action required or permitted to be taken at any meeting of the Voting Members may be taken without a meeting, if prior to such action, a written consent thereto, setting forth the action so taken, is signed by all the Voting Members entitled to vote with respect to the subject matter thereof, and such written consent is filed with the minutes of the proceedings of the Voting Members. Such consent shall have the same effect as a unanimous vote of the Voting Members. ARTICLE III Directors Section 1. Number and Term of Office. The Board of Directors shall .consist of three (3) members, each of whom must be an Owner who maintains his principal residence on a Lot, or be an officer, director or employee of Developer. The Directors shall serve without compensation unless such compensation is approved by the Voting Members holding a majority of the total votes. The Board shall be elected by the Voting Members at their annual meeting and shall hold office until the next ensuing annual meeting of the Voting Members or until their successors have been duly elected and qualified. If•a member of the Board of Directors shall cease to meet any qualification herein required for a member of the Board, such member shall thereupon cease to be a member of the Board and his place on the Board shall be deemed vacant. The Voting Members may remove any member of the Board with or without cause, and elect a successor at a meeting of the Voting Members called expressly for such purpose. Section 2. Vacancies. Vacancies occurring in the membership of the Board of Directors caused by resignation, death or other incapacity, or increase in the number of Directors shall be filled by a majority vote of the remaining members of the Board, and each Director so elected shall serve until the next meeting of the Voting Members, or until his successor shall have been duly elected and qualified. Notice _specifying any increase in the number of Directors and the name, address and principal occupation of and other pertinent information about any Director elected to fill any vacancy shall be -3- given in the next mailing sent to the Voting Members after such increase or election. Section 3. Annual Meetings. The Board of Directors shall meet annually, without notice, immediately following, and at the same place as, the annual meeting of the Voting Members. Section 4. Regular. Meetings. Regular meetings siRall be held at such times and places, either within or without the State of Indiana, as may be determined by the President or Board of Directors. Section 5. Special Meetings. Special meetings of the Board of Directors may be called by the President or by the member of the Board of Directors, at any place within or without the State of Indiana, upon twenty-four (24) hours notice, specifying the time, place and general purposes of the meeting, given to each Director personally, by telephone or telegraph; or notice may be given by mail if mailed at least three (3) days before such meeting. Section 6. Waiy.r of Notice. Any Director may waive notice of any meeting in writing. Attendance by a Director at a meeting shall constitute a waiver of notice of such meeting. Section 7. n1 rum. A majority of the entire Board of Directors then qualified and acting shall constitute a quorum and be sufficient for transaction of any business, except for filling vacancies in the Board of Directors which shall require action by a majority of the remaining Directors. Any act of the majority of the Directors present at a meeting at which a quorum shall be present shall be the act of the Board unless otherwise provided for by law or by these By- Laws. A majority of the Directors present may adjourn any meeting from time to time. Notice of an adjourned meeting need not be given other than by announcement at the time of adjournment. Section 8. Action by Written Consent. Action required or permitted to be taken at any meeting of the Board of Directors may be taken without a meeting, if prior to such action, a written consent thereto is signed by all the members of the Board, and such written consent is filed with the minutes of the proceedings of the Board. ARTICLE IV Officers Section 1. Number of Officers. The officers of the Corporation shall consist of a President, a Secretary, a Treasurer, and such officers or assistant officers as the Board shall from time to time create and so elect. Any two (2) or more offices may be held by the same person, except that the duties of the President and Secretary shall not be performed by the same person. The President shall be chosen from among the Directors. Officers shall serve without -4- compensation unless such compensation is approved by the Voting Members holding a majority of the total votes. Section 2. Election and Terms. Each officer shall be elected by the Board of Directors at the annual meeting thereof and shall hold office until the next annual meeting of the Board or until his successor shall have been elected and qualified or until his death, resignation or removal. Any officer may be removed ate any time, with or without cause, by vote of a majority of the whole Board, but such removal shall be without prejudice to the contract rights, if any, of the person so removed; provided, however, that election of an officer shall not of itself create contract rights. Section 3. Vacancies. Whenever any vacancy shall occur in any office by death, resignation, increase in the number of officers of the Corporation, or otherwise, the same shall be filled by the Board of Directors, and the officer so elected shall hold office until the next annual meeting of the Board or until his or her successor is duly elected or appointed. Section 4. president. The President shall be the chief executive officer of the Corporation; shall preside at all meetings of Voting Members and of the Board of Directors; shall have general and active supervision, control and management of the affairs and business of the Corporation, subject to the orders and resolutions of the Board; shall have general supervision and direction of all officers, agents and employees of the Corporation; shall see that all orders and resolutions of the Board are carried into effect; and in general shall exercise all powers and perform all duties incident to such office and such other powers and duties as may from time to time be assigned to him by the Board. The President shall have full authority to execute proxies in behalf of the Corporation, and to execute, with the Secretary, powers of attorney appointing other corporations, partnerships, or individuals the agent of the Corporation, all subject to the provisions of the laws of the State of Indiana, the Declaration, the Articles of Incorporation and this Code of By-Laws. Section 5. Secretary. The Secretary shall attend all meetings of the Board and of the Voting Members and shall act as Secretary of such meetings; shall give or cause to be given all notices provided for in these By-Laws or required by law; shall record all votes and minutes of all proceedings of the meetings of Voting Members and the Board in a book or books to be kept for that purpose; shall be custodian of the records of the Corporation; shall have charge of the list of Voting Members; and in general shall exercise all powers and perform all duties as may be from time to time assigned to him or her by the Board or by the President. Section 6. Treasurer. The Treasurer shall keep correct and complete records of account showing accurately at all times the financial condition of the Corporation; shall be the custodian of the -5- • corporate funds and securities; shall immediately deposit, in the name and to the credit of the Corporation, all moneys and other valuable effects of the Corporation in such depositories as may be designated by the Board of Directors; shall disburse the funds of the Corporation as may be ordered by the Board or by the President; and in general, shall exercise all powers and perform all duties customarid.y incident to such office and such other powers and duties as may from time to time be assigned to him or her by the Board or the President. ARTICLE V Books and Records Section 1. Books and Records. in General. The Board of Directors shall keep full and correct books of account in chronological order of the receipts and expenditures affecting the "Development" as defined in the Declaration, specifying and itemizing the maintenance and repair expenses of the Development and other expenses incurred. Such records and the vouchers authorizing the payments shall be available for inspection by any Owner or any representative of an Owner duly authorized in writing, at such reasonable time or times during normal business hours as may be requested by Owner. Upon ten (10) days notice to the Board and payment of a reasonable fee, any Owner shall be furnished a statement in recordable form of his account setting forth the amount of any unpaid assessment or other charges due and owing from such Owner, and such amount shall be binding upon the Board and the Corporation, and any mortgagee or grantee of such Owner furnished with such statement shall not be liable for, and the Lot of such Owner shall not be conveyed subject to a lien for, any unpaid assessment in excess of the amount set forth in such statement. ARTICLE VI Execution of Instruments Section 1. Checks. Drafts. etc. All checks, drafts, bills of exchange or other orders for the payment of money, obligations, notes or other evidences of indebtedness of the Corporation shall be signed or endorsed by such officer or officers, employee or employees of the Corporation as shall from time to time be designated by the Board of Directors. Section 2. Contracts. All contracts, agreements, deeds, conveyances, mortgages and similar instruments authorized by the Board of Directors shall be signed, unless otherwise directed by the Board of Directors or required by law, by the President and attested by the Secretary. -6- ARTICLE VII Amendments and Definitions section 1. Amendments. These By-Laws may be altered, amended or repealed from time to time by a majority vote of the whole Board at any regular or special meeting if the notice or waiver of notice of said meeting shall have stated that the By-Laws are to be amended, altered or repealed or if all members of the Board of Directors at the time are present at said meeting. Section 2. Definitions. The terms used in these By-Laws shall have the same meaning as the same terms as defined and used in the Declaration. ARTICLE VIII The Indiana Not-For-Profit Corporation Act of 1971 The provisions of the Indiana Not-For-Profit Corporation Act of 1971, as amended, applicable to any of the matters not herein specifically covered by these By-Laws, are hereby incorporated by reference in and made a part of these By-Laws. Adopted: March a, 1990 X:G11\1058.bem -7- i ,. \1 11 , ARCHITECTURAL RULES AND GUIDELINES QQ The Declarations of Covenants, Conditions and Restrictions covering the Rohrer Meadows HOA subdivision requires that you request approval from the Board of Directors prior to doing exterior modifications to your house or other exterior changes to your property. Some examples of modifications needing approval are: room additions, decks, porches, fences, changes to exterior colors of house,antennae,basketball goals,etc. Complete the Request for Architectural Control Approval form and mail it to Rohrer Meadows Homeowners Association, Inc., Attention: Architectural Control Committee, 11129 Sanders Drive, Fishers IN 46038. Enclose a plot plan showing where the improvement is to be located. Although the Board of Directors will act promptly, they could take up to 30 days to respond to you. No improvement may be started until you receive written permission from the Board of Directors to do so., All work must be completed in a professional,workmanlike manner. Following are some of the guidelines used by the Board of Directors in determining whether approval will be granted. These are guidelines only — Refer to the covenants and restrictions of Rohrer Meadows Homeowners Association, Inc. for specific requirements and exceptions. 1. No structure will be approved if it violates building setback lines or if it encroaches on any easement. &i 2. NO CHAIN LINK. Fences cannot exceed 4 feet in height. No Chain Link Fences, Wood privacy fences must have the more attractive side facing out. Absolutely no privacy fences will be allowed on lake lot properties—No exceptions! — hi ri:r,!67 t5'a a 3. Barns/sheds cannot be erected. 4. NO ABOVE GROUND SWIMMING POOLS. In ground swimming pools must be approved by the Board of Directors. 5. Offensive structures or landscaping that does not maintain the harmonious appearance of the a,►� subdivision or does not project the appropriate image commensurate with the neighborhood, t.l will not be approved. — S445jrc,it;,..e S'•x,-' ' Loaf 14'41`'1 6. Placement of satellite disks must be approved by the Board of Directors. 7. Lots adjoining the common areas are subject to more restrictive rules and guidelines regarding improvements and changes such as fences, ems; etc. Approvals are made on an individual basis only. Approval will not be granted without a plot plan of your lot showing the location of the proposed structure on the plan. Even if you feel your improvement meets these guidelines, you must still formally request approval from the Board of Directors. 't. To: Rohrer Meadows Homeowners Association,Inc. Date: Attention:Architectural Control Committee 11129 Sanders Drive Fishers IN 46038 Request for Architectural Control Approval I/We request permission to build upon my/our lot number in Rohrer Meadows subdivision, (street Address) the following structure: Materials for exterior: Roof color:Same as house Fence color: Start date: Completion date: I/We have attached to this request: (1)a copy of the plans and/or diagram,with dimensions and the type of materials to be used; and (2)a copy of the plot plan for our lot, with the proposed improvement(s) to be constructed drawn on the plan where they are to be located. I/We understand that: (a) if this request is granted, I/We may still have to apply to the appropriate governmental agency for any required building permits,and I/We must comply with all applicable building codes,etc.;and (b)construction may not start until an approved copy of this request is returned to me/us. (Signature) (Signature) (Printed Name) (Printed Name) (Phone) All Property Owners Must Sign This Form (For HOA Directors) Date: Approved: Denied: Reason: Directors: 2011 ROHRER MEADOWS 000 COMMON INTEREST AND COMMUNITY INFORMATION Congratulations on your decision to become a homeowner at Rohrer Meadows! As your developer and builder, we at The C.P. Morgan Co., Inc. would like to welcome you and take this opportunity to review some items that may affect your lifestyle at Rohrer Meadows. Rohrer Meadows has been platted as a subdivision in The City of Carmel, Hamilton County, with 43 homesites under R-1 zoning. PLAT RESTRICTIONS AND DECLARATION: The Plat Restrictions and Declarations protect your property values and govern the subdivision. These are both recorded documents. Please review these documents as they specify various land use restrictions, many of which are described below. Copies are available upon request. HOMEOWNERS ASSOCIATION: As stated in the above referenced Declaration, purchase of your home automatically includes you in the governing body of Rohrer Meadows, legally known as The Rohrer Meadows Homeowners Association, Inc. (Association). This Association will at some point in the future maintain the entryway signage and landscaping, the family park, and may provide snow removal for the subdivision. The Association will collect an annual service fee from all homeowners and disburse funds for those items. Your rights and remedies as a member of the Association are described fully in the Declaration and related By-Laws and Articles of Incorporation, a copy of which you should receive. Any amendments will be forwarded to all homeowners at the time of acceptance. OWNERSHIP: Each homeowner in Rohrer Meadows owns his/her lot in fee simple ownership. A deed reflecting this ownership is conveyed at time of closing. UTILITIES: Hamilton Western Utilities provides water service; however, the Association will be the owner of the water mains. An agreement has been entered into on behalf of the Association with Wilfong Construction (an affiliate of Hamilton Western Utilities) to provide for maintenance of the water mains. If for any reason, Wilfong Construction fails to continue its agreement, then the Association would have to accept the responsibility for this maintenance with a resulting increase in the annual Association fee. Water users must pay a flat monthly fee as well as fees based upon usage. The sanitary sewer lines have been approved by the City of Carmel, and upon completion, the sanitary sewers will be dedicated to the City of Cannel. Sewer service and billing is through Cannel Utilities. Gas service is provided by Indiana Gas, electric service by PSI Energy, and telephone service by Indiana Bell. EASEMENTS: Various easements in Rohrer Meadows have been granted to the City of Carmel and utility companies. These easements have been recorded and will be listed on your owner's title insurance commitment which you will receive at closing. POND: Lots 22, 23 and 24 are located upon a pond and these homeowners will own and maintain their respective portions of the pond. pg. 1 revised 10/22190 CUL-DE-LOOP: Lots 1 - 3 are located upon a cul-de-loop (limited common area) and these homeowners will own and maintain an equal undivided share of this area including the common driveway and landscaped island. This area, which must be maintained jointly in accordance with the Declaration, and Plat Restrictions is referred to as a "cul-de-loop", and designated as "limited common area" on the recorded plat. ZONING: The entire subdivision is currently zoned R-1 for low density, single family dwellings. ZONING OF ADJACENT PROPERTY: The property surrounding Rohrer Meadows (Hunters Creek Village, Cedar Lakes, Hunters Creek South, and Rohrer Woods) is zoned R-1 for low density, single family dwellings. TREE PRESERVATION: C.P. Morgan does not guarantee the number of trees that will exist on any lot after land development and home construction, nor does the developer guarantee the continued life of any trees remaining after construction is complete. FAMILY PARK: A family park is located upon a common area within Rohrer Meadows. The Rohrer Woods homeowners will be allowed to use the park if they pay an annual fee towards the maintenance cost for the park. STREETS AND SIDEWALKS: All streets, except driveways, are planned to be dedicated to The City of Carmel for maintenance. Sidewalks will be constructed along both sides of the streets, and maintenance shall be the responsibility of the individual lot owners. ARKING: Off-street parking is available in the driveways and garages of each Rohrer Meadows home. No camper, motor home. inoperative vehicle, truck, trailer, boat or recreational vehicle shall he stored on any lot for more than 24 hours The public streets are subject to the traffic, control ordinances of The City of Carmel. ENCIN1 All fencing shall be subject to approval by the Developer until the end of the Development Period and thereafter by the Association; No fence shall be higher than six (6) feet. Fen_ i_r_i_g style and color shall be consistent with the Subdivision. HOUSE SETBACKS: The minimum distance between houses measured between foundation wall plates (block) shall be 20 feet. Houses are also to be set back a minimum 35 feet from the road frontage right-of-way and 20 feet from the rear lot line. S Ni No sign shall be displayed in public view on any lot except a real estate sign of not more than 6 square feet advertising the property for sale or rent. ANTENNAS: No antennas shall be allowed to extend higher than five (5) feet above the roofline on the exterior of homes in the community. A F T 1 T1E DISHES.: No satellite dishes shall be installed or _permitted in the community except as approved by _t_h_c__A4sociation or Developer as the case may be. Pg• 2 revised 10/22/90 STORAGE TANKS: Any gas or oil storage tanks used in connection with a lot shall be either buried or located in a garage or house such that they are completely concealed from public view. AWNINGS AND PATIO COVERS: No metal, fiberglass or similar type material awnings or patio . covers shall be permitted in the community. LIGHTS: "Disk—to—Dawn" ty_pr—lights will be installed by your builder and must be maintained on each lot _by the homeowner. SWIMMING POOLS: No above-ground swimming pools shall be permitted. SOLAR HEAT PANELS: No solar heat panels shall be permitted on the roofs of any structures in the subdivision and any solar heat panels must be concealed from the I view of neighboring lots and the streets. )MAINTENANCE: The owner of any lot shall at all times maintain his lot and his home so that it is attractive. This means grass and weeds shall be mowed, all debris removed, and anything else that would make the improvements appear unsightly. TEMPORARY STRUCTURES: No temporary structure (i.e., trailer, barn, etc.) may be used for temporary or permanent residential purpose. ANIMALS: Usual household pets are permitted but shall be kept reasonably confined so as not to become a nuisance. DITCHES AND SWALES: Each homeowner who has any part of an open storm drainage ditch or swale on their lot has the responsibility to keep such ditch or swale continuously unobstructed and in good repair and to provide for the installation of culverts should it become necessary. FIRE PROTECTION: Will be provided by the Carmel Clay Fire Department Station 2 (2410 West 116th Street, phone 873-4835). WASTE COLLECTION: Will be up to each homeowner to arrange with a private disposal company. INSURANCE: Insurance coverage will be the responsibility of each homeowner. PUBLIC SCHOOLS: Elementary: Carmel Elementary School 101 4th Avenue SE 844-0168 Junior High: Carmel Junior High School 300 South Guilford 846-7331 High School: Carmel High School 520 East Main 846-7721 pg. 3 revised 10/22/90 . FUTURE CONSTRUCTION: In order to meet changes in market demand, The C. P. Morgan Co., Inc. reserves the right to change the price range, size and design of future homes in the subdivision, subject to zoning restrictions, and minimum size requirements of 1,200 square feet and 1,600 square feet for one and two story residences, respectively. PRE-CLOSING ORIENTATION: Prior to closing, you will be given an opportunity to inspect your new home and list any deficiencies you feel need to be corrected. At this time you will also be shown how to operate the various systems within your home and you will be given a copy of our Maintenance and Warranty Manual. Please take the time to read this Manual as it contains valuable information about the care and maintenance of the various components of your home. At the time of closing, there may be some items, such as exterior landscaping, concrete work, paving, painting, and common facilities, etc., which, because of weather or construction schedules, were not able to be completed prior to closing. We will make all attempts to complete these items as soon after closing as possible. HOW PROGRAM: Each home constructed by The C.P. Morgan Co., is enrolled in the Owners arranty Program (HOW). Seller will ll make every effort to offer service to Purchaser as outlined in the "Homeowner's Warranty Approved Standards" and Buyer can assist Seller in making this HOW Program more effective by adhering to Seller's Service Policy, which utilizes the following procedures: • All service items developing after the initial walk-through should be made a part of the 30-day list utilizing our warranty request form. Gb' (3-A a.;( �� service items developing after the 30-day list should be made part of the V� All 11-month list. 6.1/41 Under this policy, the only items which should and will be corrected or repaired other than items noted at these specific times are those of an emergency or semi- emergency nature. Items that cannot wait, or conditions that will deteriorate before the next request for warranty should be reported to Seller's service office and will normally be responded to within a twenty-four (24) hour period. CONCRETE: Concrete, like other construction materials, contracts and expands with changes in moisture content and temperature which causes cracking. Cracking of exterior concrete is a normal condition and is not covered under the HOW warranty. C.P. Morgan attempts to control cracking through the use of control joints and expansion material. However, we cannot guarantee that all cracking will occur in these joints. LAWN ESTABLISHMENT: As part of our standard landscaping package, C.P. Morgan will sod the front yard and seed and straw the rear and side yards of your home. Please understand that this initial installation is only the first step in a two to three year process of establishing a healthy lawn. It is your responsibility to water - thoroughly, fertilize and apply insecticide as needed. You should also provide for additional applications of grass seed in late fall or early spring for the next two to three years. Please refer to the landscaping section of your Maintenance and Warranty Manual for additional information. pg. 4 revised 10/22/90