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Cross Reference Instrument No.:
MASTER
DECLARATION OF EASEMENTS. COVENANTS AND RESTRICTIONS
OF
STAFFORD LANE
1.
2.
3.
4.
5.
6.
7.
8.
9.
(g)
(b)
10.
(a)
(b)
(c)
11.
(a)
(15)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
OJ
(k)
12.
13.
14.
15.
16.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
17.
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TABLE OF CONTENTS
Definitions ...... .................... ............ ................... ............. ................................ ...........4
Declaration ................................ ... ..................... ........ ................................ ................ 6
Description of Stafford Lane ................................ ................................ ....................6
Lot Boundaries ................................ ................................ ................................ ..........6
Common Area................................ ................................ ................................ ............ 6
Landscape Easement ................................ ................................ ................................ .6
Ownership of Common Area ................................ ................................ .................... 7
Delegation of Use of the Common Area............ .................... ................................ .... 7
Easements in Common Area................................ ................................ ...................... 7
General ................................ ................................ ................................ ...................... 7
Easement for Utilities and Public and Ouasi-Public Vehicles................................ ...7
Association: Membership: Voting: Functions ................................ ........................... 8
Membership in Association ........................... ..... ................................ ...................... 8
Voting Rights ................................ ................................ ................................ ............ 8
Functions................................ ................................ ................................ .................... 9
Board of Directors............ .................... ................... ............. ................................ ......9
Management................................ ................................ ................................ ............... 9
Initial Board of Directors ................................ ................................ .............. ............ 9
Additional Oualific~tions .............. .................. ................................ .......... ................ 10
Term of Office: Vacancy . ............. .................. ................................ .......................... 10
Duties of the Board of Directors ................................ ........... ..................... ............... 10
Powers of the Board of Directors ................................ .......... ...................... .............. 11
Limitation on Board Action ................................ ................................ ...................... 12
Compensation ................................ ................................ ................................ ...... ..... 12
Non-Liability of Directors................................ ................................ .......................... 13
Additional Indemnity of Directors ................................ ................................ ............ 13
Bond ... ............................. ................................ ................................ .......................... 13
Initial Management ..... ........................... ................................ ................................ .. .13
Real Estate Taxes ................................ ................................ ................................ ......14
Utilities................................ ................................ ................................ ....................... 14
Maintenance. Repairs and Replacements .............. .......................................... 14
Architectural Control ................................ ................................ ................................ 15
The Architectural Review Board ................................ ................................ .............. 15
Purposes ................................ ................................ ................................ ....................15
Conditions ................................ ..... ........................... ................................ ... .............. 15
Procedures................................ ............ .................... ................................ ...... .... ........ 16
Failure to Comply................................ ................................ ................................ ......16
Applicable Standards ............... ................. ................................ ................................ 16
Colors ... ........................ ..... .... ............................ ................................ ................... ..... 17
Assessments .... .................... ........ .... ................... ......... ................................ .... .......... 17
2
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(h)
18.
(a)
(b)
(c)
12:.
(a)
(b)
(c)
(d)
20.
21.
22.
(a)
(b)
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
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Annual Accounting ................................ ................................ ................................ ...17
Proposed Annual Budget ................................ ................................ .......................... 17
Regular Assessments ................................ ................................ ................................ 18
Special Assessments ..................... ........... ................................ ................................ .19
Initial Capital Reserve Contribution ................................ ................................ .........20
Failure of Owner to Pay Assessments ................................ ................................ .......20
Subordination of Assessment Lien to Mortgage................................ ........................ 21
Builders Not to Pay Assessments.... .... ..... .... ..... ... ... ...... ............. .,. ....... 21
Mortgages and Unpaid Assessments ............................................................... 21
Notice to Association..................... ........... ................................ ................. ............... .21
Notice of Unpaid Assessments ................................ ................................ ..................22
Right of Mortgagee to Pay Real Estate Taxes or Insurance Premiums ............. 22
Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 22
Casualty Insurance ........................................................................... 22
Public Liability Insurance ................................ ................................ ......................... 23
Other Insurance ................................ ................................ ................................ ......... 23
General Provisions ................................ ................................ ................................ ....23
Casualty and Restoration of Common Area ................................ ............................. 23
Covenants and Restrictions................................ ................................ ............ ............ 24
Amendment of Declaration............ .................... . ............................... ........ ................ 30
Generally....................... ......... ................................ ................................ .................... 30
Amendments by Declarant Only................................ ................................ ............... 32
Acceptance and Ratification................................ ................................ ...................... 32
Negligence ................................ ................................ ................................ ................ 32
Costs and Attorneys' Fees............................................................. ......... 33
Waiver ... ............................. ............ .................... ................................ ........ ................ 33
Severability Clause ................................ ................................ ................................ ...33
Pronouns ................................ ....... ..................... .... ................................ ... ................ 33
Interpretation................................ ................................ ................................ .............. 33
No Liability......................... ....... ................... ............. .......................... ...... ................ 33
Rules and Regulations ................................ ........ .................... .... .... ............................ 33
Section Declarations ................................ ......... ....................... ................................ .33
Controlling Document ................................ ................................ .............................. 33
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MASTER DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS OF
STAFFORD LANE
THIS DECLARATION is made as of the _ day of
Premier Homes, Inc., an Ohio corporation ("Declarant").
, 2006, by Drees
WITNESSETH:
WHEREAS, the following facts are true:
A. Declarant is the sole owner in fee simple title to certain real estate located in
Hamilton County, Indiana, more particularly designated on the attached Exhibit A. which is
incorporated herein by reference (hereinafter referred to as the "Real Estate").
B. Declarant intends to develop the Real Estate into multiple residential areas for
single-family homes (hereinafter referred to individually as "Section" and collectively as
"Sections").
C. Declarant, by execution and recording of this Declaration, is subjecting the Real
Estate to the terms and provisions of this Declaration and assuring that all properties which are
conveyed which are a part of the Real Estate shall be conveyed subject to the terms and
conditions of this Declaration, which shall run with the Real Estate and be binding upon all
parties having any right, title or interest in the Real Estate, or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each Owner.
NOW, THEREFORE, Declarant hereby makes this Declaration as follows:
1. Definitions. The following terms as used in this Declaration, unless the context
clearly requires otherwise, shall mean the following:
. (a) "Applicable Date" means the date determined pursuant to Paragraph
1 O(b )( ii) of this Declaration.
(b) "Articles" or "Articles of Incorporation" means the Articles of
Incorporation of the Association, as hereinafter defined. The Articles of Incorporation
are incorporated herein by reference.
(c) "Association" means a not-for-profit corporation named Stafford Lane
H.omeowners Association, Inc. or its successors and assigns, whose Members shall be the
Owners of Lots or appointees as provided in Paragraph 10 of this Declaration; such
Association being more particularly described in Paragraph 10 of this Declaration.
(d) "Board of Directors" means the governing body of the A
by the Members in accordance with the Bylaws of the Association. ~
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(e) "Bylaws" shall mean the Bylaws of the Association and shall provide for
die election of directors and officers and other governing officials of the Association.
(f) "Common Area" means the area designated as such upon a Plat or
designated as Common Area in this Declaration, any Supplemental Declaration or a
Section Declaration.
(g) "Common Expenses" means expenses for administration of the
Association, expenses for the upkeep, maintenance, repair and replacement of the
Common Area and Landscape Easement and expenses necessary for the Association and
the Board of Directors to perform their duties and obligations as set forth in this
Declaration, and all sums lawfully assessed against the Members of the Association.
(h) "Declarant" shall mean and refer to Drees Premier Homes, Inc., and any
successors and assigns of it whom it designates in one or more written recorded
instruments, to have the rights of Declarant hereunder including, but not limited to, any
mortgagee acquiring title to any portion of the Real Estate pursuant to the exercise of
rights under, or foreclosure of, a mortgage executed by Declarant.
(i) "Dwelling Unit" means a living unit located upon a Lot.
G) "Landscape Easement" is defined in Paragraph 6.
(k) "Lot" means any plot of ground designated as such upon a Plat and upon
",:hich one (1) Dwelling Unit is constructed, may be constructed or exists thereon. When
Lot is used it shall be deemed to include the Dwelling Unit, if any, located thereon.
(1) "Member" means a member of the Association.
(m) "Mortgagee" means the holder of a first mortgage lien on a Lot.
(n) "Owner" means a person, firm, corporation, partnership, association, trust
Ot other legal entity, or any combination thereof, who owns the fee simple title to a Lot.
(0) "Plat" means a subdivision survey of a portion of the Real Estate which is
or will be recorded in the Office of the Recorder of Hamilton County, Indiana. Such Plat
may include all or a part of a Section or more than one (I) Section, and shall designate
the (i) Section or Sections to which the Plat is applicable, and (ii) the Lots, Common
Area (including, but not limited to, Streets that are part of the Common Area) and
Landscape Easements within such Plat.
(p) "Quorum" means Members holding forty percent (40%) of the aggregate
voting rights in the Association.
(q) "Real Estate" means that portion of the Real Estate described in Paragraph
A of the recitals above and such other portions of the Real Estate which have, as of any
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given time, been subjected to this Declaration by a Supplemental Declaration.
(r) "Section Declaration" means the declaration of covenants and restrictions
that is applicable to a particular Section.
(s) "Stafford Lane" means the name by which the Real Estate, which is the
subject of this Declaration, shall be known. It is contemplated that Stafford Lane will
consist of multiple separate residential Sections.
(t) "Streets" shall be designated on the Plat, shall be private and shall be part
of the Common Area or the Common Area as designated on the various Plats.
Notwithstanding the foregoing, there may be streets and roadways in Stafford Lane that
are public dedicated streets or roadways.
(u) "Supplemental Declaration" means a document supplementing this
Declaration and becoming a part of this Declaration for the purpose of subjecting
additional portions of the Real Estate to this Declaration or making additional portions of
the Real Estate part of the Real Estate.
2. Declaration. Declarant hereby expressly declare that the Real Estate shall be held,
conveyed and transferred in accordance with the provisions of this Declaration.
3. Description of Stafford Lane. Stafford Lane consists of all the Lots developed on
the Real Estate, together with the Common Area. The Common Area, Streets, Landscape
Easement and the size of the Lots are as designated on the applicable Plat.
4:
on a Plat.
Lot Boundaries. The boundaries of each Lot in Stafford Lane shall be as shown
5. Common Area. The Common Area shall be conveyed to the Association and the
Association shall have the obligation to provide for the maintenance, upkeep, repairs and
replacement of the Common Area at all times, even if the Common Area has not yet been
conveyed to the Association. Declarant has the right, but not the obligation, to construct
recreational facilities in any of the Common Area, and if such facilities are constructed, such
facilities shall be part of the Common Area.
6. Landscape Easement. Declarant hereby declares, creates, grants and reserves the
"Landscape Easement" as shown on a Plat as a non-exclusive easement for the use of the
Declarant and the Association for installation, maintenance and removal of trees, shrubbery,
flowers and other plantings, entryway signage, foundations, and additional similar landscape
improvements (all of which items, as existing from time to time, shall constitute "Landscape
Easement Improvements"). Notwithstanding any other provision contained herein, the
Landscape Easement shall be maintained by the Association. Except as installed by the
Association or Declarant, and except for any utility facilities or drainage facilities which may be
installed in any easement that may now or hereafter be declared, granted or reserved in or upon
any portion of the Real Estate designated as a Landscape Easement, no structures or other
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improvements shall be installed or maintained in or upon any Landscape Easements.
Notwithstanding the foregoing provisions of this paragraph and the provisions of any Plat or
other recorded instrument executed by Declarant designating a Landscape Easement, a
Landscape Easement shall automatically terminate as to that portion of such easement area that is
located within or upon any public right-of-way hereafter dedicated to the public upon the
recording of a Plat or other instrument creating such public right-of-way.
7. Ownership of Common Area. The Common Area shall be conveyed to or owned
by the Association, and shall be held for the use and enjoyment of the Members, all of whom
shall have the right and easement of enjoyment in and to the Common Area which right shall
pass with title to every Lot, subject to the provisions of this Declaration, including but not
limited to, the following:
(a) The right of the Association to adopt such rules and regulations regarding
the Common Area as it deems necessary as provided in Paragraph 11.
(b) The Common Area shall be conveyed to or owned by the Association on
the Applicable Date or earlier; provided, however, that the conveyance of the Common
Area to the Association shall not prevent Declarant from improving the Common Area as
Declarant deems appropriate (including but not limited to the construction of lakes and
recreational facilities) at any time prior to the Applicable Date; and further provided the
Association shall be responsible for any costs and expenses related to the Common Area,
even if the Common Area or any part thereof has not been conveyed to the Association.
8. Delegation of Use of the Common Area. Any Member may delegate, in
accordance with provisions of this Declaration and the rules or regulations promulgated by the
Association, his right of enjoyment, and use of the Common Area and facilities to members of
his family, or contract purchasers who reside on any Lot.
9. Easements in Common Area.
(a) General. Each Owner shall have an easement in common with all other
Owners to use all pipes, wires, cables, conduits, utility lines, drainage facilities,
sidewalks, roads and other common facilities, if any, located in the Common Area and
Landscape Easement or otherwise designated in any Plat or described in any Section
Declaration. Such easement and right to use shall pass with title to the Lots even though
not expressly mentioned in the document passing title.
An easement is also granted to the Association, its officers, agents and employees
and to any management company selected by the Association to enter in or to cross over
the Common Area, Landscape Easement and Lots to perform its duties; provided,
however, except in the case of an emergency, reasonable notice shall be given to the
Owner.
(b) Easement for Utilities and Public and Ouasi-Public Vehicles. All public
and quasi-public vehicles, including but not limited to, police, fire and other emergency
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vehicles, trash and garbage collection, post office vehicles and privately-owned delivery
vehicles, shall have the right to enter upon the Streets and Common Area for the
performance of their duties. An easement is also granted to all utilities and their agents
for ingress-egress installation, replacement, repairing and maintaining of such utilities,
including but not limited to, water, sewer, gas, telephone, and electricity on the Real
Estate; provided, however, nothing herein shall permit the installation of sewer, electric
lines, water lines or other utilities except as initially designed and approved by Declarant
or as thereafter maybe approved by the Board of Directors. By virtue of this easement,
the electric and telephone utilities are expressly permitted to erect and maintain the
necessary equipment on the Real Estate and to affix and maintain electric and telephone
wires, circuits and conduits on, above, across and under the roofs and exterior walls of
the buildings provided such installation is first approved in writing by Declarant or the
Board.
10. Association: Membership: Voting: Functions.
(a) Membership in Association. Declarant and each Owner of a Lot which is
subject to assessment shall, automatically upon becoming an Owner, be and become a
Member of the Association and shall remain a Member until such time as his ownership
of a Lot ceases at which time his membership shall terminate and will be transferred to
the new Owner of his Lot; provided, however, that any person who holds the interest of
an Owner in a Lot merely as security for the performance of an obligation shall not he a
Member until and unless he realizes upon his security, at which time he shall
automatically be and become an Owner and a Member of the Association.
(b) Voting Rights. The Association shall have two (2) classes of membership
with the following voting rights:
(i) Class A. Class A Members shall be all Owners. Upon and after the
Applicable Date, each Class A Member shall be entitled to one (I)
vote for each Lot of which such Member is the Owner with respect
to each matter submitted to a vote of Members upon which the
Class A Members are entitled to vote. When more than one (1)
person constitutes the Owner of a particular Lot, all such persons
shall be Members of the Association, but all of such persons shall
have only one (1) vote for such Lot, which vote shall be exercised
as they among themselves determine, but in no event shall more
than one (1) vote be cast with respect to any such Lot.
(ii) Class B. Class B Members shall be Declarant and all successors
and assigns of Declarant designated by Declarant as Class B
Members in a written notice mailed or delivered to the Secretary of
the Association. Until the Applicable Date, the Class B Members
shall have all voting rights with respect to any matters submitted to
the Members of the Association, and no other class of membership
shall have any voting rights. The Class B membership shall cease
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and terminate upon the Applicable Date, which shall be the first to
occur of (i) the date upon which the written resignation of all Class
B Members is delivered to the Secretary of the Association, or (ii)
the date when Declarant, and any and all successors and assigns of
Declarant designated by Declarant as Class B Members, no longer
own any portion of the Real Estate.
( c) Functions. The Association has been formed for the purpose of providing
for the maintenance, repair, upkeep, replacement, administration, operation and
ownership of the Common Area, to pay taxes assessed against and payable with respect
to the Common Area and to pay any other necessary expenses and costs in connection
with the Common Area, and to perform such other functions as may be designated for it
to perform under this Declaration.
11. Board of Directors
(a) Management. The business and affairs of the Association shall be
governed and managed by the Board of Directors. No person shall be eligible to serve as
a member of the Board of Directors unless he is, or is deemed in accordance with this
Declaration to be, an Owner, or is a person appointed by Declarant as provided in
subparagraph (b) of this Paragraph 11.
(b) Initial Board of Directors. The Initial Board of Directors shall be
composed of the three (3) persons designated by Declarant (herein referred to as the
"Initial Board"). Notwithstanding anything to the contrary contained in this Declaration,
the Articles or the Bylaws (a) the Initial Board shall hold office until the Applicable
Date, and (b) in the event of any vacancy or vacancies occurring in the Initial Board for
any reason or cause whatsoever prior to the Applicable Date, determined as provided
above, every such vacancy shall be filled by a person appointed by Declarant, who shall
thereafter be deemed a member of the Initial Board. Each Owner, by acceptance of a
deed to a Lot, or by acquisition of any interest in a Dwelling Unit by any method shall be
deemed to have appointed Declarant as such Owner's agent, attorney-in-fact and proxy,
which shall be deemed coupled with an interest and irrevocable until the Applicable
Date determined as provided above, to exercise all of said Owner's right to vote, and to
vote as Declarant determines, on all matters as to which Members of the Association are
entitled to vote under the Declaration, the Articles, the Bylaws or otherwise. This
appointment of Declarant as such Owner's agent, attorney-in-fact and proxy shall not be
affected by incompetence of the Owner granting the same. Each person serving on the
Initial Board, whether as an original member thereof or as a member thereof appointed
by Declarant to fill a vacancy, shall be deemed a Member of the Association and an
Owner solely for the purpose of qualifying to act as a member of the Board of Directors
and for no other purpose. No such person serving on the Initial Board shall be deemed or
considered a Member of the Association nor an Owner of any Lots for any other purpose
(Unless he is actually the Owner of a Lot and thereby a Member of the Association).
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(c) Additional Oualifications.
(i) Where an Owner consists of more than one person or is a
partnership, corporation, trust or other legal entity, then one of the
persons constituting the multiple Owner, or a partner or an officer
or trustee shall be eligible to serve on the Board of Directors,
except that no single Lot may be represented on the Board of
Directors by more than one person at a time.
(ii) The Board of Directors (other than the Initial Board) shall be
composed of one (I) person for each Section to represent such
Section, and three (3) or four (4) additional members (whichever
creates an odd aggregate number of representatives) who will be
"at large" representatives and may reside in any Section. The
Members of each Section or Sections, as applicable, shall elect the
members of the Board to represent such Section or Sections. The
"at large" representatives shall be elected by all Members of the
Association.
( d) Term of Office. Vacancy. Members of the Board of Directors shall serve
for such terms, and vacancies in the Board of Directors shall be filled, as provided in the
Bylaws of the Association.
( e) Duties of the Board of Directors. The Board of Directors shall be the
governing body of the Association representing all of the Owners and being responsible
for the functions and duties of the Association, including, but not limited to, providing for
the administration of the Association, the management, maintenance, repair, upkeep and
replacement of the Common Area and Landscape Easement Improvements (unless the
same are otherwise the responsibility or duty of Owners) and the collection and
disbursement of the Common Expenses. The Board may, on behalf of the Association,
employ a reputable and recognized professional property management agent (herein
called the "Managing Agent") upon such terms as the Board shall find, in its discretion,
reasonable and customary. The Managing Agent, if one is employed, shall assist the
Board in carrying out the Board's duties and the Association's responsibilities, which
include, but are not limited to:
(i) Maintenance, repair, upkeep and replacement of the Common Area
and Landscape Easement Improvements (except as is otherwise the
obligation of an Owner), including but not limited to, the
maintenance, repair, upkeep and replacement of the following (if
located within the Common Area): (1) street furniture, (2) signage,
(3) walls, fences and gates, (4) flowers, plant material, grass and
other landscaping, (5) irrigation system, (6) lighting, (7) clubhouse,
(8) recreational facilities, (9) Streets, (10) lakes (including but not
limited to storm water management, erosion sediment control,
fountains, water features and algae control), (11) fountains and
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(12) retaining walls;
(ii) Repair, upkeep, maintenance and replacement of any security
system and providing for any security personnel;
(iii) Assessment and collection from the Owners of each Owner's
respective share of the Common Expenses; .
(iv) Preparation of the proposed annual budget, a copy of which will be
mailed or delivered to each Owner at the same time as the notice of
annual meeting is mailed or delivered;
(v) Preparing and delivering annually to the Owners a full accounting
of all receipts and expenses incurred in the prior year; such
accounting shall be delivered to each Owner simultaneously with
delivery of the proposed annual budget for the current year;
(vi) Procuring and maintaining for the benefit of the Association and
the Board any insurance coverages required under this Declaration
and such other insurance coverages as the Board, in its sole
discretion, may deem necessary or advisable;
(vii) Paying taxes assessed against and payable with respect to the
Common Area and paying any other necessary expenses and costs
in connection with the Common Area;
(viii) Snow removal from any Streets that are part of the Common Area;
and
(ix) Maintenance of any security gates, including any locks and
security devices.
(t) Powers of the Board of Directors. The Board of Directors shall have such
powers as are reasonable and necessary to accomplish the performance of their duties.
These powers include, but are not limited to, the power:
(i) To employ a Managing Agent to assist the Board in performing its
duties;
(ii) To purchase, lease or otherwise obtain for the Association, to
enable it to perform its functions and duties, such equipment,
materials, labor and services as may be necessary in the judgment
of the Board of Directors;
(iii) To employ legal counsel, architects, contractors, accountants and
others as in the judgment of the Board of Directors may be
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necessary or desirable in connection with the business and affairs
of the Association;
(iv) To employ, designate, discharge and remove such personnel as in
the judgment of the Board of Directors may be necessary for the
Board of Directors to perform its duties;
(v) To include the costs of all of the above and foregoing as Common
Expenses and to pay all of such costs therefrom;
(vi) To open and maintain a bank account or accounts in the name of
the Association; and
(vii) To promulgate, adopt, revise, amend and alter from time to time
such additional rules and regulations with respect to use,
occupancy, operation and enjoyment of the Real Estate and the
Common Area (in addition to those set forth in this Declaration)
as the Board, in its discretion, deems necessary or advisable;
provided, however, that copies of any such additional rules and
regulations so adopted by the Board shall be promptly delivered
or mailed to all Owners.
(g) Limitation on Board Action. After the Applicable Date, the authority of
the Board of Directors to enter into contracts shall be limited to contracts involving a
total expenditure of less than $10,000.00 without obtaining the prior approval of a
~ajority of the Owners, except that in the following cases such approval shall not be
necessary:
(i) Contracts for replacing or restoring portions of the Common Area
or Landscape Easement Improvements damaged or destroyed by
fire or other casualty where the cost thereof is payable out of
insurance proceeds actually received;
(ii) Proposed contracts and proposed expenditures covered 10 the
annual budget; and
(iii) Expenditures necessary to deal with emergency conditions 10
which the Board of Directors reasonably believes there IS
insufficient time to call a meeting of the Owners.
(h) Comoensation. No Director shall receive any compensation for his
s.ervices as such except to such extent as may be expressly authorized by a majority vote
of the Owners. The Managing Agent, if any is employed, shall be entitled to reasonable
compensation for its services, the cost of which shall be a Common Expense.
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(i) Non-Liability of Directors. The Directors shall not be liable to the
Owners or any other persons for any error or mistake of judgment exercised in carrying
out their duties and responsibilities as Directors, except for their own individual willful
misconduct, bad faith or gross negligence. The Association shall indemnify and hold
harmless and defend each of the Directors against any and all liability to any person,
firm or corporation arising out of contracts made by the Board on behalf of the
Association, unless any such contract shall have been made in bad faith. It is intended
that the Directors shall have no personal liability with respect to any contract made by
them on behalf of the Association.
(j) Additional Indemnity of Directors. The Association shall indemnify, hold
harmless and defend any person, his heirs, assigns and legal representatives, made a
party to any action, suit or proceeding by reason of the fact that he is or was a Director
of the Association, against the reasonable expenses, including attorneys' fees, actually
and necessarily incurred by him in connection with the defense of such action, suit or
proceeding, or in connection with any appeal therein, except as otherwise specifically
provided herein, in actions, suits or proceedings where such Director is adjudged liable
for bad faith, gross negligence or willful misconduct in the performance of his duties.
The Association shall also reimburse any such Director the reasonable costs of
settlement of or judgment rendered in any action, suit or proceeding, if it shall be found
by a vote of the Members constituting sixty percent (60%) of a Quorum that such
Director was not guilty of gross negligence or misconduct. In making such findings and
notwithstanding the adjudication in any action, suit or proceeding against a Director, no
Director shall be considered or deemed to be guilty of or liable for negligence or
misconduct in the performance of his duties where, acting in good faith, such Director
relied on the books and records of the Association or statements or advice made by or
prepared by the Managing Agent (if any) or any officer or employee thereof, or any
accountant, attorney or other person, firm or corporation employed by the Association to
render advice or service unless such Director had actual knowledge of the falsity or
incorrectness thereof; nor shall a Director be deemed guilty of or liable for negligence or
misconduct by virtue of the fact that he failed or neglected to attend a meeting or
meetings of the Board of Directors.
(k) Bond. The Board of Directors may provide surety bonds and may require
the Managing Agent (if any), the treasurer of the Association, and such other officers as
the Board deems necessary, to provide surety bonds, indemnifying the Association
against larceny, theft, embezzlement, forgery, misappropriation, willful misapplication,
and other acts of fraud or dishonesty, in such sums and with such sureties as may be
approved by the Board of Directors and any such bond shall specifically include
protection for any insurance proceeds received for any reason by the Board. The expense
of any such bonds shall be a Common Expense.
12. Initial Management. The Initial Board of Directors may enter into a management
agreement with Declarant (or a corporation or other entity affiliated with Declarant) for a term
not to exceed three (3) years with either party having the right to terminate upon ninety (90)
days' notice under which Declarant (or such affiliate of Declarant as appropriate) will provide
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(,;)
supervision, management and maintenance of the Common Area (except as such is the obligation
of the individual Owners) and in general, perform all of the duties and obligations of the
Association. Such management agreement may be renewed by the parties for additional terms of
three (3) or less years. Such management agreement is or will be subject to termination by
Declarant (or its affiliate as appropriate) at any time prior to expiration of its term, in which
event the Association shall thereupon and thereafter resume performance of all of its duties and
obligations. Notwithstanding anything to the contrary contained herein, so long as a management
agreement between the Association and Declarant (or its affiliate as appropriate) is in effect,
Declarant (or its affiliate as appropriate) shall have and Declarant hereby reserves to itself (or to
its affiliate as appropriate), the exclusive right to manage the Real Estate and perform all the
functions of the Association.
13. Real Estate Taxes. Real estate taxes are to be separately assessed and taxed to
each Lot and to the Common Area. In the event that for any year the real estate taxes are not
separately assessed and taxed to each Lot, or Common Area but are assessed and taxed on the
Real Estate or part thereof as a whole, without a breakdown for each Lot or Common Area, then
each Owner shall pay his proportionate share of the real estate taxes assessed to the land
comprising the Real Estate or that part thereof that is assessed as a whole as determined by the
Board. Real estate taxes assessed on the improvements on the Real Estate shall be paid by the
Owner of such improvements; provided, however, any real estate taxes or other assessments
which are chargeable against the Common Area shall be paid by the Association, and treated as
a Common Expense of the Associati on, even if not then owned by the Association.
14. Utilities. Each Owner shall pay for his own utilities which are separately metered.
Utilities applicable to the Common Area shall be a Common Expense. Utilities which are not
separately metered, if any, shall be treated as and paid as part of the Common Expense unless
otherwise determined by the Association.
15. Maintenance. Repairs and Replacements. Maintenance, repairs, replacements and
upkeep of the Common Area and Landscape Easement Improvements (except as such is the
obligation of the individual Owners) as provided in Paragraph l1(e) shall be furnished by the
Association, as a part of its duties, and the cost thereof shall constitute a part of the Common
Expenses.
Each Owner shall be responsible for maintaining and keeping his Lot, Dwelling Unit and
all other structural improvements located on his Lot (including any sprinkler system) in a good,
clean, neat, sanitary and well maintained condition (including the removal of all weeds,
underbrush and other unsightly growth) and shall do such work thereon as is required to cause
such Lot 'and structural improvements to be so maintained. The obligation to maintain a Lot shall
exist, whether or not a Dwelling Unit exists on such Lot, and the Owner of such Lot shall keep
such Lot maintained in the same manner as such Lot would be maintained if a Dwelling Unit
existed thereon.
Notwithstanding any obligation or duty of the Association to repair or maintain the
Common Area or Landscape Easement Improvements, if, due to the willful, intentional or
negligen~ acts or omissions of an Owner or of a member of his family or of a guest, tenant,
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invitee or other occupant or visitor of such Owner, damage shall be caused, or if maintenance,
repairs or replacements shall be required thereby, which would otherwise be a Common
Expense, then such Owner shall pay for such damage and such maintenance, repairs and
replacements, as may be determined by the Association, unless such loss is covered by the
Association's insurance with such policy having a waiver of subrogation clause. If not paid by
such Owner upon demand by the Association, the cost of repairing such damage shall be added
to and become a part of the assessment to which such Owner's Lot is subject.
If any Owner shall fail to maintain and keep his Lot, Dwelling Unit and other structural
improvements located on his Lot in a good, clean and sanitary condition as determined by the
Board of Directors (if such is the obligation of the Owner), the Association may perform any
work necessary to do so and charge the Owner thereof for such cost, which cost shall be added to
and become a part of the Owner's assessment, and such cost shall be immediately due, and shall
be secured by the Association's lien on the Owner's Lot.
So long as the Real Estate is subject to this Declaration each Owner, by his acceptance of
a deed tq any Lot, irrevocably grants to the Association, its agents and employees, the right to
enter upon, across and over the Lot owned by such Owner under such conditions as are
reasonably necessary to effect the maintenance, cleaning, repair, landscaping or other work
contemplated herein.
16. Architectural Control
(a) The Architectural Review Board. As a standing committee of the
Association, there shall be, and hereby is, established an Architectural Review Board
consisting of five (5) or more persons (or such lesser number as is on the Initial Board of
Directors). Until the Applicable Date, the Architectural Review Board shall be the Initial
Board of Directors. After the Applicable Date, the Architectural Review Board shall be
appointed by the Board of Directors and may be different than or the same as the Board
of Directors.
(b) Purooses. Architectural guidelines for the Real Estate are attached hereto
and marked Exhibit B. Development of the Real Estate and construction of improvements
on the Real Estate shall follow the criteria established in such architectural guidelines.
The Architectural Review Board, using the architectural guidelines as a guide, shall
regulate the external design, appearance, use, location and maintenance of the Real Estate
(including the Common Area, Landscape Easement, Landscape Easement Improvements
and Lots) and of improvements thereon in such manner as to preserve and enhance values
and to maintain a harmonious relationship among structures and improvements and
maintain the integrity of the criteria established in such architectural guidelines; provided,
however, Declarant shall have the exclusive authority regarding architectural approval for
any initial construction of a Dwelling Unit.
(c) Conditions. No improvements, alterations, excavation or changes in grade
or other work which in any way alters any Lot or the exterior of any Dwelling Unit or
other improvement thereon shall be made or done without the prior written approval of
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the Architectural Review Board, except as otherwise expressly provided in this
Declaration. There shall be no requirement that the Architectural Review Board approve
the initial construction of a Dwelling Unit on a Lot provided such construction is
approved by the Declarant. No building, fence, wall, Dwelling Unit, or other structure
shall be commenced, erected, maintained, improved, altered, made or done on any Lot or
Common Area without the prior written approval of the plans by the Architectural
Review Board other than the initial construction of a Dwelling Unit and other
improvements provided the plans for such construction are approved by Declarant.
(d) Procedures. In the event the Architectural Review Board fails to approve,
modify or disapprove in writing an application within thirty (30) days after such
application (and all plans, drawings, specifications and other items required to be
submitted to it in accordance with such rules as it may adopt) have been given to it,
approval will be deemed granted by the Architectural Review Board. A decision of the
Architectural Review Board may be appealed to the Board of Directors which may
reverse or modify such decision by a majority vote.
(e) Failure to Comply. If any improvement, alteration or change is made
without the prior written approval or deemed approval of the Architectural Review Board
(or Declarant, if initial construction), the Owner shall, upon demand of the Architectural
Review Board (or Declarant as applicable), cause such construction or alteration to be
removed, remodeled or restored in order to comply with the requirements of this
paragraph. The Owner shall be liable for the payment of all costs of such removal or
restoration, including all costs and attorneys fees incurred by the Architectural Review
Board or Declarant, as applicable. Such costs may also be the basis for an individual
Special Assessment applicable to such Owner. The Architectural Review Board and
Declarant are specifically empowered to enforce the architectural provisions of this
Declaration by any legal or equitable remedy. In the event that it becomes necessary to
resort to litigation to determine the propriety of any construction or alteration or to
remove any unapproved construction, the Architectural Review Board or the Declarant
shall be entitled to recover its court costs, expenses and attorneys fees in connection
therewith.
In the event that any Owner fails to comply with the architectural provisions
contained herein, the Board may, in addition to all other remedies contained herein,
record against the Owner's Lot a notice stating that the improvements on the Lot fail to
meet the requirements of the Declaration.
(f) Applicable Standards. The Architectural Review Board or Declarant, as
applicable, may impose standards for construction and alteration of Dwelling Units and
other improvements which may be greater or more stringent than standards prescribed in
applicable building, zoning or other local development codes. However, the approval,
rejection or withholding of any approval by the Architectural Review Board or Declarant
of the plans, proposals, specifications and location of all structures and every alteration of
any structure shall not be construed or interpreted as a representation or determination bysthe Architectural Review Board, the Board or Declarant that any building, plumbing,
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electrical code or other applicable governmental regulation or requirement has or has not
been properly met by the Owner. Each Owner shall be responsible for obtaining all
necessary technical data and for making application to and obtaining approval of all
appropriate governmental authorities prior to commencement of any work or
construction. The Architectural Review Board or Declarant or their agents shall be
entitled to enter upon any Lot during construction of a Dwelling Unit to insure
compliance with approved plans and specifications. Neither the Declarant, the
Architectural Review Board, the Association, the Board of Directors or officers thereof,
nor any person acting on behalf of any of them, shall be responsible for any defect in
plans or specifications nor for defects in any improvements constructed pursuant thereto.
(g) Colors. No exterior colors on any Dwelling Unit, or other structure shall
b€ permitted that in the sole judgment of the Architectural Review Board would be
inharmonious or incongruous with Stafford Lane or the particular Section. Any future
exterior color changes desired by an Owner must be first approved in writing by the
Architectural Review Board in accordance with this paragraph 16.
17. Assessments.
(a) Annual Accounting. Annually, after the close of each fiscal year of the
Association, the Board shall cause to be prepared and a copy furnished to each Owner
who so requests a financial statement prepared by an accounting group approved by the
Board, which statement shall show all receipts and expenses received, incurred and paid
during the preceding fiscal year.
(b) Proposed Annual Budget. Annually, before the date of the annual meeting
of the Association, the Board of Directors shall cause to be prepared a proposed annual
budget for the next fiscal year estimating the total amount of the Common Expenses for
the next fiscal year and shall furnish a copy of such proposed budget to each Owner at or
prior to the time the notice of such annual meeting is mailed or delivered to such Owners.
The annual budget shall be submitted to the Members at the annual meeting of the
Association for adoption and, if so adopted, shall be the basis for the Regular
Assessments (hereinafter defined) for the next fiscal year. At the annual meeting of the
Members, notwithstanding any other provision in this Declaration, the Articles or the
Bylaws, the budget may be approved in whole or in part or may be amended in whole or
in part by a majority vote of those Members present either in person or by proxy,
provided, however, that in no event shall the annual meeting of the Members be
adjourned until an annual budget is approved and adopted at such meeting, either the
proposed annual budget or the proposed annual budget as amended. The annual budget,
the Regular Assessments and all sums assessed by the Association shall be established by
using generally accepted accounting principles applied on a consistent basis.
The annual budget and the Regular Assessments shall, in addition, be established
to include the establishment and maintenance of a replacement reserve fund for capital
expenditures and replacement and repair of the Common Area that mm~t be repaired and
replaced on a periodic basis, which replacement reserve fund shall be used for those
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purposes and not for usual and ordinary repair expenses. Such replacement reserve fund
for capital expenditures and replacement and repair of the Common Area shall be
maintained by the Association in a separate interest bearing account or accounts with one
or more banks or savings and loan associations authorized to conduct business in
Hamilton County, Indiana selected from time to time by the Board and shall constitute a
portion of the Regular Assessment.
The failure or delay of the Board of Directors to prepare a proposed annual budget
and to furnish a copy thereof to the Owners shall not constitute a waiver or release in any
manner of the obligations of the Owners to pay the Common Expenses as herein
provided, whenever determined. Whenever, whether before or after the annual meeting of
the Association, there is no annual budget approved by the Owners as herein provided for
such current fiscal year, the Owners shall continue to pay Regular Assessments based
upon the last approved budget or, at the option of the Board, based upon one hundred and
ten percent (110%) of such last approved budget, as a temporary budget.
(c) Regular Assessments. The annual budget, as adopted by the Members,
shall, based on the estimated cash requirement for the Common Expenses in the current
fiscal year. as set forth in said budget, contain a proposed assessment, against each Lot.
The assessment against each Lot shall be equal to the Common Expenses multiplied by a
percentage equal to one (1) divided by the number of Lots in the Real Estate.
Immediately following the adoption of the annual budget, each Owner shall be given
written notice of such assessment against his respective Lot (herein called the "Regular
Assessment"). The Regular Assessment for. the first fiscal year shall be
Hundred Dollars ($ ). In the event the Regular Assessment for a particular
fiscal year is initially based upon a temporary budget, such Regular Assessment shall be
revised, within fifteen (15) days following adoption of the final annual budget by the
Members, to reflect the assessment against each Lot based upon such annual budget as
finally adopted by the Members. The aggregate amount of the Regular Assessments shall
be equal to the total amount of expenses provided and included in the final annual budget,
including reserve funds as hereinabove provided. The Regular Assessment against each
Lot shall be paid in advance in equal monthly installments with the first payment due on
the first day of the month following the date such Lot is platted and prorated to the first
day of the month when the next monthly payment is due. Thereafter, payment of the
Regular Assessment shall be paid monthly. Payment of the monthly installments of the
Regular Assessment and payment of the Amenity Area Assessments shall be made to the
Board of Directors or the Managing Agent, as directed by the Board of Directors;
p~ovided, however, the Board may elect to have the Owners pay the Regular Assessments
quarterly, semi-annually or annually, in advance. In the event the Regular Assessment for
a particular fiscal year of the Association was initially based upon a temporary budget
(i) If the Regular Assessment based upon the final annual budget
adopted by the Members exceeds the amount of the Regular
Assessment based upon the temporary budget, that portion of such
excess applicable to the period from the first day of the current
fiscal year to the date of the next payment of the Regular
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Assessment which is due shall be paid with such next payment,
and all payments thereafter during such fiscal year shall be
increased so that the Regular Assessment as finally determined
shall be paid in full by the remaining payments due in such fiscal
year, or
(ii) If the Regular Assessment based upon the temporary budget
exceeds the Regular Assessment based upon the final annual
budget adopted by the Members, such excess shall be credited
against the next payment or payments of the Regular Assessment
coming due, until the entire amount of such excess has been so
credited;
provided, however, that if an Owner had paid his Regular Assessment annually in
advance, then the adjustments set forth under (i) or (ii) above shall be made by a cash
payment by, or credit against future assessments to, the Owner on the first day of the
second month following the determination of the Regular Assessment based upon the
annual budget finally adopted by the Members.
The Regular Assessment for the current fiscal year of the Association shall
become a lien on each separate Lot as of the first day of each fiscal year of the
Association, even though the final determination of the amount of such Regular
Assessment may not have been made by that date. The fact that an Owner has paid his
Regular Assessment for the current fiscal year in whole or in part based upon a temporary
budget and thereafter, before the annual budget and Regular Assessment are finally
determined, approved and adjusted as herein provided, sells, conveys or transfers his Lot
or any interest therein, shall not relieve or release such Owner or his successor as Owner
of such Lot from payment of the Regular Assessment for such Lots as finally determined,
and such Owner and his successor as Owner of such Lots shall be jointly and severally
liable for the Regular Assessment as finally determined. Any statement of unpaid
assessments furnished by the Association pursuant to Paragraph 18 hereof prior to the
final determination and adoption of the annual budget and Regular Assessment for the
year in which such statement is made shall state that the matters set forth therein are
subject to adjustment upon determination and adoption of the final budget and Regular
Assessment for such year, and all parties to whom any such statement may be delivered
or who may rely thereon shall be bound by such final determinations. Monthly
installments, quarterly installments, semi-annual installments or annual installments of
Regular Assessments (as applicable) shall be due and payable automatically on their
respective due dates without any notice from the Board or the Association, and neither
the Board nor the Association shall be responsible for providing any notice or statements
to Owners for the same.
(d) Special Assessments. From time to time, Common Expenses of an unusual
or extraordinary nature or not otherwise anticipated may arise. At such time and without
the approval of the Owners, unless otherwise provided in this Declaration, the Board of
Directors shall have the full right, power and authority to make special assessments
which, upon resolution of the Board, shall be the equal obligation of all Owners and shall
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become a lien on each Lot (herein called "Special Assessment"). The Board shall be
obligated to provide the Owners with notice of the date of the Board of Directors'
meeting when the vote for any resolution for a Special Assessment is to be made.
Without limiting the generality of the foregoing provisions, Special Assessments may be
made by the Board of Directors from time to time to pay for capital expenditures and to
pay for the cost of any repair or reconstruction of damage caused by fire or other casualty
or disaster to the extent insurance proceeds are insufficient therefor. Such Special
Assessment shall be collected directly by the Association.
( e) Initial Capital Reserve Contribution. Upon the initial purchase of a Lot by
a person, other than Home Builder (as defined in Section l7(h) below), such purchaser
shall pay $ ("Initial Capital") to the Association for deposit in a
capital reserve fund, which fund is to be used for maintenance, repairs or replacement of
Common Area or Landscape Easement Improvements that must be repaired and replaced
on a periodic basis. Such Initial Capital amount shall be paid by all initial purchasers of
Lots even if such purchase occurs after the Applicable Date. In addition, the Initial Board
may designate a portion of the Regular Assessment to be put in the capital reserve fund.
The Initial Capital and any portion of the Regular Assessment collected prior to
the Applicable Date that is applicable to the replacement reserve shall be held by the
Initial Board and if required, applied to the replacement of Common Area and Landscape
Easement Improvements. To the extent that such replacement reserve is not so applied,
the balance thereof shall be retained by the Association at the Applicable Date.
Payment of the Regular Assessment prior to the Applicable Date with respect to
each Lot shall commence on the first day of the month following the date that the Lots
are platted ("Commencement Date"). The first payment shall be payable on the
Commencement Date. Thereafter, payment of the Regular Assessment shall be paid
monthly.
Each Owner hereby authorizes the Association and the Board of Directors and its
officers to enter into the aforesaid management agreement described in Paragraph 12 of
this Declaration and to adhere to and abide by the same.
(f) Failure of Owner to Pay Assessments. No Owner may exempt himself
from paying Regular Assessments and Special Assessments or from contributing toward
the Common Expenses or toward any other expense lawfully agreed upon by waiver of
the use or enjoyment of the Common Area or by abandonment of the Lot belonging to
him. Each Owner shall be personally liable for the payment of all Regular and Special
Assessments. Where the Owner constitutes more than one person, the liability of such
persons shall be joint and several. If any Owner shall fail, refuse or neglect to make any
payment of any Regular Assessment or Special Assessment when due, the lien for such
assessment on the Owner's Lot and Dwelling Unit may be filed and foreclosed by the
Board of Directors for and on behalf of the Association as a mortgage on real property or
as otherwise provided by law. Upon the failure of the Owner to make timely payments
of any Regular Assessment or Special Assessment when due the Board may, in its
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discretion, accelerate the entire balance of unpaid assessments and declare the same
immediately due and payable, notwithstanding any other provisions hereof to the
contrary. The Board may, at its option, bring suit to recover a money judgment for any
unpaid Regular Assessment or Special Assessment without foreclosing or waiving the
lien securing the same. In any action to recover a Regular Assessment or Special
Assessment, whether by foreclosure or otherwise, the Board for and on behalf of the
Association shall be entitled to recover from the Owner of the respective Lot and
Dwelling Unit costs and expenses of such action incurred (including but not limited to
reasonable attorneys fees) and interest from the date such assessments were due until
paid at the rate equal to the prime interest rate as announced by Bank One, Indianapolis,
NA, from time to time (or if said bank is no longer in existence then such rate charged
by a national bank in Hamilton County, Indiana, selected by the Board of Directors)
during the unpaid period plus four percent (4%).
(g) Subordination of Assessment Lien to Mortgage. Notwithstanding anything
contained in this Declaration, the Articles or the Bylaws, any sale or transfer of a Lot to a
Mortgagee pursuant to a foreclosure on its mortgage or conveyance in lieu thereof, or a
conveyance to any person at a public sale in a manner provided by law with respect to
mortgage foreclosures shall extinguish the lien of any unpaid installment of any Regular
Assessment or Special Assessment as to such installment which became due prior to such
sale, transfer or conveyance; provided, however, that the extinguishment of such lien
cannot relieve the prior owner from personal liability therefor. No such sale, transfer or
conveyance shall relieve the Lot and Dwelling Unit or the purchaser thereof at such
foreclosure sale or grantee in the event of conveyance in lieu thereof, from liability for
any installments of Regular Assessments or Special Assessments thereafter becoming due
or from the lien therefor. Such unpaid share of any Regular Assessments or Special
Assessments, the lien for which has been divested as aforesaid shall be deemed to be a
Common Expense collectible from all Owners (including the party acquiring the subject
Lots from which it arose).
(h) Builders Not to Pay Assessments. No home builder ("Home Builder")
which has purchased Lots from Declarant for the purpose of constructing homes on such
Lots for sale shall be obligated to pay any Initial Capital, Regular Assessment, Special
Assessment or other assessment to the Association so long as such home or homes
remain unoccupied.
18. Mortgages and Unpaid Assessments.
(a) Notice to Association. Any Owner who places a first mortgage lien upon
his Lot, or the Mortgagee, shall notify the Secretary of the Association thereof and
provide the name and address of the Mortgagee. A record of such Mortgagee and name
and address shall be maintained by the Secretary and any notice required to be given to
the Mortgagee pursuant to the terms of this Declaration, the Bylaws or otherwise shall be
deemed effectively given if mailed to such Mortgagee at the address shown in such
record at the time provided. Unless notification of any such mortgage and the name and
acldress of Mortgagee are furnished to the Secretary, either by the Owner or the
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Mortgagee, no notice to any Mortgagee, as may be otherwise required by this
Declaration, the Bylaws or otherwise, shall be required and no Mortgagee shall be
entitled to vote on any matter to which it otherwise may be entitled by virtue of this
Declaration, the Bylaws, a proxy granted to such Mortgagee in connection with the
mortgage, or otherwise.
The Association shall, upon request of a Mortgagee who has furnished the
Association with its name and address as hereinabove provided, furnish such Mortgagee
~ith written notice of any default in the performance by its borrower of any obligations
of such borrower under this Declaration or the Bylaws which is not cured within sixty
(60) days.
(b) Notice of Unpaid Assessments. The Association shall, upon request of a
Mortgagee, a proposed mortgagee, or a proposed purchaser who has a contractual right to
purchase a Lot, furnish to such Mortgagee or purchaser a statement setting forth the
amount of the unpaid Regular Assessments or Special Assessments or other charges
against the Lot, which statement shall be binding upon the Association and the Owners,
and any Mortgagee or grantee of the Lot shall not be liable for nor shall the Lot conveyed
be subject to a lien for any unpaid assessments or charges in excess of the amounts set
forth in such statement or as such assessments may be adjusted upon adoption of the final
annual budget, as referred to in Paragraph 17 hereof.
(c) Right of Mortgagee to Pay Real Estate Taxes or Insurance Premiums.
Mortgagees shall have the right, but not the obligation, (1) to pay any taxes or other
charges against the Common Area which are in default and (2) to pay any overdue
premiums on hazard insurance for the Common Area or to secure new hazard insurance
for the Common Area on the lapse of a policy. Any mortgagee making such payment
shall be owed immediate reimbursement by the Association.
19. Insurance.
(a) Casualty Insurance. The Association shall purchase a master casualty
insurance policy affording fire and extended coverage insurance insuring all of the
Common Area and Landscape Easement Improvements in an amount equal to the full
replacement value of the improvements which in whole or in part, comprise the Common
Area and Landscape Easement Improvements, unless the Board determines that a lesser
amount of insurance is appropriate. If the Board of Directors can obtain such coverage
for reasonable amounts they shall also obtain "all risk" coverage. The Board of Directors
shall be responsible for reviewing at least annually the amount and type of such insurance
and shall purchase such additional insurance as is necessary to provide the insurance
required above.
All proceeds payable as a result of casualty losses sustained which are covered by
insurance purchased by the Association as hereinabove set forth shall be paid to it or to
the Board of Directors. The proceeds shall be used or disbursed by the Association or
Board of Directors, as appropriate.
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Such master casualty insurance policy, and "all risk" coverage, if obtained, shall
(to the extent the same are obtainable) contain provisions that the insurer (a) waives its
right to subrogation as to any claim against the Association, the Board of Directors, its
agents and employees, Owners, their respective agents and guests, and (b) contains an
endorsement that such policy shall not be terminated for nonpayment of premiums
without at least thirty (30) days prior written notice to Mortgagees.
Each Owner shall be solely responsible for loss or damage to his Dwelling Unit
a1].d the contents thereof (except as otherwise provided in a Section Declaration), however
caused, and his personal property stored elsewhere on the Real Estate and the Association
shall have no liability to the Owner for such loss or damage. Each Owner shall be solely
responsible for obtaining his own insurance to cover any such loss and risk.
(b) Public Liability Insurance. The Association shall also purchase a master
comprehensive public liability insurance policy in such amount or amounts as the Board
of Directors shall deem appropriate from time to time. Such comprehensive public
li~bility insurance policy shall cover the Association, the Board of Directors, any
committee of the Association or Board, any Managing Agent appointed or employed by
the Association, and all persons acting or who may come to act as agents or employees of
any of the foregoing with respect to the Real Estate. Such public liability insurance policy
shall contain a "severability of interest" clause or endorsement which shall preclude the
insurer from denying the claim of an Owner because of negligent acts of the Association
or other Owners.
. (c) Other Insurance. The Association shall also obtain any other insurance
required by law to be maintained, including but not limited to workmen's compensation
and occupational disease insurance, and such other insurance as the Board of Directors
shall from time to time deem necessary, advisable or appropriate, including, but not
limited to, liability insurance on vehicles owned or leased by the Association and officers'
and directors' liability policies. Such insurance shall inure to the benefit of each Owner,
the Association, the Board of Directors and any Managing Agent acting on behalf of the
Association. Each Owner shall be deemed to have delegated to the Board of Directors his
right to adjust with the insurance companies all losses under the policies purchased by the
Board of Directors the proceeds of which are payable to the Board or the Association.
(d) General Provisions. The premiums for all insurance hereinabove
described shall be paid by the Association as part of the Common Expenses.
20. Casualty and Restoration of Common Area. In the event of damage to or
destruction of any of the Common Area or Landscape Easement Improvements due to fire or any
other casualty or disaster, the Association shall promptly cause the same to be repaired and
reconstructed. The proceeds of insurance carried by the Association, if any, shall be applied to
the cost of such repair and reconstruction. In the event the insurance proceeds, if any, received
by the Association as a result of any such fire or any other casualty or disaster are not adequate
to cover the cost of repair and reconstruction of the Common Area or Landscape Easement
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Improvements, or in the event there are no insurance proceeds, the cost for restoring the damage
and repairing and reconstructing the Common Area so damaged or destroyed (or the costs
thereof in excess of insurance proceeds received, if any) shall be assessed by the Association
against all of the Owners in equal shares. Any such amounts assessed against the Owners shall
be assessed as part of the Common Expenses and shall constitute a lien from the time of
assessment as provided herein. For purposes of this Article, repair, reconstruction and
restoration shall mean construction or rebuilding the Common Area or Landscape Easement
Improvements to as near as possible the same condition as it existed immediately prior to the
damage or destruction.
21. Covenants and Restrictions. The following covenants and restrictions on the use
and enjoyment of the Real Estate shall be in addition to any other covenants or restrictions
contained herein, in the Plat or in any Section Declaration, and all such covenants and
restrictions are for the mutual benefit and protection of the present and future Owners and shall
run with the land and inure to the benefit of and be enforceable by any Owner, or by the
Association. Present or future Owners or the Association shall be entitled to injunctive relief
against any violation or attempted violation of any such covenants and restrictions, and shall, in
addition, be entitled to damages for any injuries or losses resulting from any violations thereof,
but there shall be no right of reversion or forfeiture resulting from such violation. These
covenants and restrictions are as follows:
(a) Every Lot is reserved exclusively for residential purposes. No permanent
or temporary building, structure or improvement of any kind may be erected, constructed,
or placed thereon except a single-family residence (a "Dwelling") and such accessory
buildings, structures, and/or improvements, if any, as are approved in accordance with
Section 16 of this Declaration. Except as may be erected by a builder in connection with
the construction of a Dwelling or other improvements in the Real Estate, outbuildings,
sheds, storage barns, and other accessory buildings, structures, and improvements not
specifically addressed in this Declaration are prohibited. There shall be no more than one
(1) Dwelling per Lot and no Dwelling may be occupied until all prerequisites to
occupancy set forth herein have been satisfied and an occupancy permit or similar permit
or approval has been issued by the governmental body or agency with responsibility
therefore.
(b) Except as approved by the Architectural Review Board, every Dwelling
Unit, building, structure, and improvement to be constructed, erected, or placed on any
Lot shall be built of new building materials and no pre-existing Dwelling Unit, building,
structure, or improvement may be relocated to or otherwise placed upon any Lot. The
exterior construction of a Dwelling Unit, building, structure or improvement shall be
completed no later than twelve (12) months from the commencement of on-site
construction activities related thereto. Restoration, replacement, or removal of any
Dwelling Unit, building, structure, or improvement partially or totally damaged or
destroyed by fire or other casualty shall be commenced no more than ninety (90) days
after the occurrence of such casualty and continuously and diligently prosecuted to
completion thereafter. The Owner of the Lot upon which any Dwelling Unit, building,
structure or improvement partially or totally damaged or destroyed by fire or other
24
CD
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casualty is or was located shall provide to the Association, no more than thirty (30) days
from the date on which such casualty occurred, written notice of such Owner's intent to
restore or remove such Dwelling Unit, building, structure or improvement.
(c) No structure of any kind that is commonly known as "factory built,"
"I?odular," or "mobile home" type of construction shall be erected on the Real Estate.
(d) Nothing shall be done or kept in any Dwelling Unit, or on any Lot, or on
the Common Area which will cause an increase in the rate of insurance on any
Common Area or Lot. No Owner shall permit anything to be done or kept in his
Dwelling Unit or on his Lot or on any of the Common Area which will result in a
cancellation of insurance on any Dwelling Unit or any part of the Common Area, or
which would be in violation of any law or ordinance or the requirements of any
il1surance underwriting or rating bureau.
(e) No noxious, unlawful or otherwise disruptive or offensive activity shall
be carried on or upon any Lot, nor shall anything be done thereon which may become
an annoyance or nuisance to other Owners and/or their guests.
(f) No antenna or satellite dish may be erected on any Dwelling Unit or Lot
without Architectural Review Board approval. Approved satellite dishes must be no
more than twenty-four inches (24") in diameter and must be mounted in an
inconspicuous location as approved by the Architectural Review Board. Only one (1)
satellite dish will be approved for each Lot.
(g) No signs of any type may be erected, posted or displayed on any Lot
except street identification signs erected by a builder, the Declarant, or the Association
and except one (1) temporary sign, no more than six (6) square feet in area advertising
the Lot upon which such sign is located for sale or rent. This restriction shall not apply
to a builder who may erect such signs as are authorized by the Declarant.
(h) No animals, livestock or poultry of any kind shall be raised, bred or
kept in any Dwelling Unit or on any Lot or any of the Common Area, except that pet
dogs, cats or customary household pets may be kept in a Dwelling Unit, provided that
such pet is not kept, bred or maintained for any commercial purpose, and does not
create a nuisance. This determination shall be made by the Board of Directors of the
Association. Any dog or cat beyond the confines of the Lot must be attended to and be
on a leash no longer than six (6) feet in length. Solid waste material must be removed
immediately if outside the confines of the Owner's Lot.
(i) All rubbish, trash or garbage shall be stored in closed sanitary containers,
shall be regularly removed from the premises, and shall not be allowed to accumulate.
There shall be no burning of trash. This provision shall not apply to any Lots owned by
any builder constructing a Dwelling on the Lot.
25
CD
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(j) All garbage and trash containers, bottled gas tanks, swimming pool
equipment, housing and sprinkler pumps and other such outdoor equipment must be
placed underground, walled-in or placed in sight-screened or fenced-in areas so that such
equipment shall not be readily visible from any adjacent Street or other Lot.
(k) All air conditioning and heating units shall be shielded and hidden so that
they shall not be readily visible from any adjacent Streets or other Lots. Wall air
cenditioning units may be permitted only upon the prior written approval of the Declarant
or the Architectural Review Board.
(1) No industry, trade, or other commercial activity designed for profit,
altruism or otherwise, shall be conducted, practiced or permitted on the Real Estate;
provided, however, nothing in this paragraph or this Declaration shall prohibit a home
office that is used by a person living in the Dwelling Unit so long as at anyone time there
is only one employee, client or customer of the home office business in the Dwelling Unit
in addition to the persons living in such Dwelling Unit.
(m) All Owners and members of their families, their guests, or invitees, and all
occupants of any Dwelling Unit or other persons entitled to use the same and to use and
enjoy the Common Area or any part thereof, shall observe and be governed by such rules
and regulations as may from time to time be promulgated and issued by the Board
governing the operation, use and enjoyment of the Common Area.
(n) No recreational vehicle, mobile home, boat, personal watercraft,
snowmobile, travel trailer or similar vehicle or equipment shall be parked or stored on
any Lot for a period in excess of forty-eight (48) hours during any calendar month, unless
the same is in the garage and completely out of view. Commercial vehicles and trucks
exceeding a three-quarter (3/4) ton rating are prohibited, unless such commercial vehicles
or trucks are kept in the garage and completely out of view.
(0) No Owner shall be allowed to plant trees, landscape or do any gardening in
any of the Common Area, the Landscape Easement or any other area where it is the
obligation of the Association to maintain except with express permission from the Board.
(p) The Common Area shall be used and enjoyed only for the purposes for
which it is designed and intended, and shall be used subject to the rules and regulations
from time to time adopted by the Board.
(q)
purposes.
No Owner may rent or lease his Dwelling Unit for transient or hotel
(r) Any Owner who leases a Dwelling Unit shall lease the entire Dwelling
Unit and shall have a written lease which shall provide that the lease is subject to the
provisions of this Declaration and any failure of the lessee to comply with the terms of
this Declaration shall be a default under the lease. No Owner may lease his Dwelling to
any person or entity except pursuant to a written lease for a term of not less than six (6)
26
CD
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months that includes the full name and address of both the landlord and tenant, and a
copy of which lease is provided to the Association prior to the commencement of such
lease.
(s) All electric, telephone, gas and other utility lines must be installed under
ground unless otherwise approved in writing by the Declarant, the Board of Directors or
the Architectural Review Board.
(t) Each Dwelling must include a mailbox complying with the design, color,
a1\d placement standards established by the Architectural Review Board or Declarant
from time to time.
(u) No detached structure shall be maintained on any Lot except with the
express permission from the Architectural Review Board or Declarant.
(v) All exterior lighting of a Lot shall be accomplished in accordance with a
lighting plan approved in writing by the Architectural Review Board or Declarant.
(w) Each Dwelling Unit shall include an outdoor dusk-to-dawn light located
in the front yard of the Lot on which such Dwelling Unit is located. Each Lot Owner
shall keep the light located on such Owner's Lot in good and operable condition and
repair at all times. Notwithstanding this requirement, no exterior lighting shall be
directed outside the boundaries of any Lot, nor shall any lighting be used which
constitutes more than normal convenience lighting or lighting required under this
Declaration.
(x) There shall be no more than two (2) garage or yard sales held by the
Owner or residents of any Lot during any twelve (12) month period. Christmas lights
and other holiday or occasion-themed decorations may be erected no sooner than five (5)
weeks prior to, and removed not later than two (2) weeks after, such holiday or occasion.
(y) Front yard, side yard, and rear yard building lines are as established on the
Plat. No permanent or temporary Dwelling Unit, building, structure, or improvement
shall be erected, constructed, or placed on any building line and/or between any building
line and the corresponding parallel Lot line. In the case of contiguous Lots owned by a
single Owner, such Lots may be used for a single Dwelling and considered to be a single
Lot for building line purposes under this Declaration only with the written approval of the
Architectural Review Board. Owners desiring such approval must submit a written
request to the Architectural Review Board. In the event approval is granted, the affected
Lots shall continue to be treated as a single Lot so long as each remains improved only
w:ith a single Dwelling.
(z) Trash collection services for the Development shall be provided only by
an entity selected and designated by the Association. Trash may be placed at the curb of
each Lot no earlier than 6:00 p.m. the night before scheduled collection, and trash
receptacles shall not be permitted to remain outside for more than twenty-four (24)
27
CD
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consecutive hours.
(aa) Lots and Dwelling Units shall be constructed and maintained in
compliance with, and Owner shall abide by, all additional rules and restrictions, as well
as all construction material specifications and similar standards, adopted by the
Architectural Review Board from time to time.
(bb) No Lot shall hereafter be subdivided into parcels for additional residential
purposes except as approved by the Architectural Review Board.
. (cc) Each Owner shall keep his Lot(s) and the Dwelling Unit thereon in a good
and well-maintained condition, free and clear of rubbish and trash and in good repair. Lot
Owners shall keep their Lots reasonably clear from unsightly weeds and growth at all
times. Lawns shall be groomed, well maintained, and regularly cut. Grass shall not be
permitted to exceed six inches (6") in height.
(dd) Each Owner of a Lot shall comply at all times with the provisions of any
drainage plan as approved for the Real Estate. It shall be the duty of every Owner to keep
open storm drainage ditches and/or swales unobstructed and in good maintenance and
repair. Water must be discharged into the under drains provided on each Lot from sump
pumps, geo-thermal systems or other forced water discharges. Under no circumstances
shall the above-mentioned water sources be allowed to discharge above ground into the
street or adjacent lots nor is an Owner allowed to modify any drainage ditch or swale.
(ee) All lakes, ponds and streams within the Development, if any, shall be
aesthetic amenities only and no other use thereof, including without limitation,
swimming, boating, fishing, playing or use of personal flotation devices shall be
permitted except in accordance with all applicable standards. Neither Declarant, any
builder nor the Association shall be responsible for any loss, damage or injury to any
person or property arising out of the authorized or unauthorized use of the lakes, ponds
or streams within the Real Estate.
(ff) Swimming or wading pools, other than professionally constructed
permanent, in-ground pools are prohibited from being installed on any Lot. No swimming
peol of any type shall be permitted on any Lot without the approval of the Architectural
Review Board. Notwithstanding the foregoing, temporary wading pools no more than six
feet (6") in diameter are permitted, provided such pools are drained and stored indoors on
a nightly basis.
(gg) Overnight parking of vehicles on any public or private street is prohibited,
except for the parking of automobiles, pickup trucks, sport utility vehicles and
motorcycles of guests of an Owner on a temporary basis during a social function hosted
by such Owner and when the Owner's driveway is insufficient to accommodate the
Owner's guests.
(hh) Clotheslines and any other outdoor clothes-drying areas are prohibited.
28
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(ii) Each single-story Dwelling Unit shall be at least one thousand nine
hundred (1,900) square feet in size and each multi-story Dwelling Unit shall be at least
two thousand four hundred (2,400) square feet in size, each exclusive of basements,
patios, porches and garages.
Uj) Each Lot must include sidewalks situated parallel to each Lot line that
adjoins the right-of-way of any public or private street. Sidewalks shall be constructed
and located in accordance with plans and specifications provided by the Architectural
Review Board. Except to the extent a temporary waiver is obtained from the
Architectural Review Board by the affected Owner, completion of all required sidewalks
shall be a prerequisite to the occupancy of each Dwelling Unit under this Declaration.
Such temporary waiver may be requested only where inclement weather or other causes
beyond the affected Owner's reasonable control result in the inability to complete the
sidewalks prior to the Dwelling Unit being fully ready for occupancy.
(kk) Each Dwelling Unit must include an attached multiple-car garage
consistent in design, construction, and materials with such Dwelling Unit, and a concrete,
asphalt or paving stone driveway acceptable to the Architectural Review Board
connecting the garage entryway with the adjoining public or private street.
(11) The exterior color and finish materials of every Dwelling Unit, building,
structure, and improvement on any Lot shall be as approved by the Architectural Review
Board.
(mm) The front and side yards within a Lot must be sodded unless an in-ground
irrigation system is installed, in which case hydro seeding is permitted. The rear yard
within a Lot may be sodded or seeded. Minimum landscaping requirements shall apply to
e~ch Lot. Any trees provided by the Declarant may not be removed unless dead and/or
upon approval from the Architectural Review Board. Within thirty (30) days following
completion of a house on a Lot, the Owner shall landscape the Lot weather permitting.
(nn) Vegetable, wild flower, and other gardens may be located only in the rear
yard of a Lot and may not exceed one hundred (100) square feet in size. Vegetation
within the garden area may not exceed three feet (3') in height.
(00) Trampolines, clotheslines, wells providing water for human or household
consumption, septic tanks and systems, and electronic insect eradication devices
("zappers") are prohibited. No trash or glass clippings may be disposed of on any empty
Lot in the Real Estate.
(pp) Basketball goals are permitted subject to approval by the Architectural
Review Board. Goals with black posts and glass or white/translucent fiberglass
backboards may be considered for approval. No basketball goal positioned in a manner
likely to result in the use of an adjoining public or private street in connection with the
use of such goal may be approved.
29
CD
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(qq) Play sets and other recreational equipment or items must be approved by
the Architectural Review Board. All approved play sets must be located behind the
Dwelling Unit in the rear yard of the affected Lot and must be constructed primarily of
wood. No play set may exceed twelve feet (12') in height. All play sets shall be kept in
good condition and repair, and shall he stained and/or painted as reasonably necessary, as
determined by the Architectural Review Board.
(IT) Flagpoles must be approved by the Architectural Review Board. No
flagpoles shall exceed twenty feet (20') in height. Flags exceeding thirty (30) square feet
are prohibited. No more than two (2) flags may be flown from a single flagpole at any
time. Only one (1) flagpole will be allowed on each respective Lot.
(ss) Except to the extent a taller fence is required under applicable law in
connection with an in-ground swimming pool, no fence shall be permitted on any Lot
except for forty-eight inch (48") to seventy-two inch (72") high decorative metal fences in
the "wrought iron" style as approved by the Architectural Review Board pursuant to
Section 16 of this Declaration. No part of any fence may extend forward on the affected
Lot beyond the primary rear wall of the Dwelling Unit, cross any building line, or be
located in a manner that impedes or restricts drainage of any Lot.
All other covenants and restrictions related to the Lots and any Dwelling Units, including but not
limited to, minimum square footage requirements and construction of fences are set forth on the
Plat, in the applicable Section Declaration or in Exhibit B attached hereto.
Notwithstanding anything to the contrary contained herein or in the Articles or Bylaws,
including, but not limited to, any covenants and restrictions set forth herein or otherwise,
Declarant shall have, until the Applicable Date, the right to use and maintain any Lots, Dwelling
Units owned by Declarant and other portions of the Real Estate (other than individual Dwelling
Units and Lots owned by persons other than Declarant), all of such number and size and at such
locations as Declarant in its sole discretion may determine, as Declarant may deem advisable or
necessary in its sole discretion to aid in the construction of Dwelling Units and the sale of Lots,
Dwelling Units or for the conducting of any business or activity attendant thereto, including, but
not limited to, model Dwelling Units, storage areas, construction yards, signs, construction
offices, sales offices, management offices and business offices. Declarant shall have the right to
relocate any or all of the same from time to time as it desires. At no time shall any of such
facilities so used or maintained by Declarant become part of the Common Area, unless so
designated by Declarant, and Declarant shall have the right to remove the same from the Real
Estate at any time.
22. Amendment of Declaration.
(a) Generally. Except as otherwise provided in this Declaration, amendments
to this Declaration shall be proposed and adopted in the following manner:
(i) Notice. Notice of the subject matter of any proposed amendment
shall be included in the notice of the meeting at which the
proposed amendment is to be considered which notice shall be sent
30
(J)
Q
at least fourteen (14) days prior to the date of the meeting.
(ii) Resolution. A resolution to adopt a proposed amendment may be
proposed by the Board of Directors or Members having in the
aggregate at least ten percent (10%) of the votes of all Members.
(iii) Meeting. The resolution concerning a proposed amendment must
be adopted by the designated vote at a meeting duly called and
held in accordance with the provisions of the Bylaws.
(iv) Adoption. Any proposed amendment to this Declaration must be
approved by a vote of not less than sixty percent (60%) in the
aggregate of the votes of all Members constituting a Quorum;
provided, however, that prior to the Applicable Date all proposed
amendments shall require the written consent of the Declarant. In
the event any Lot or Dwelling Unit is subject to a first mortgage,
the Mortgagee shall be notified of the meeting and the proposed
amendment in the same manner as an Owner if the Mortgagee has
given prior notice of its mortgage interest to the Board of Directors
in accordance with the provisions hereof.
(v) Special Amendments. No amendment to this Declaration shall be
adopted which changes (1) the applicable share of an Owner's
liability for the Common Expenses, or the method of determining
the same, or (2) the provisions of this Declaration of Paragraph 19
with respect to casualty insurance to be maintained by the
Association, or (3) the provisions of Paragraph 16 of this
Declaration establishing the Architectural Review Board and
providing for its functions, or (4) the provisions of Paragraph 17 of
this Declaration with respect to the commencement of assessments
on any Lot, or (5) the provisions of paragraph 22(b) of this
Declaration with respect to amendments solely by Declarant, or (6)
the provisions of Paragraph 11 relating to the makeup of the Board
and the duties of the Board and the Association without, in each
and any of such circumstances, the approval of seventy-five
percent (75%) of all Members, including Declarant so long as
Declarant owns any Lot, and of all Mortgagees whose mortgage
interests have been made known to the Board of Directors in
accordance with the provisions of this Declaration.
(vi) Recording. Each amendment to the Declaration shall be executed
by the President and Secretary of the Association and shall be
recorded in the Office of the Recorder of Hamilton County,
Indiana, and such amendment shall not become effective until so
recorded.
31
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(b) Amendments by Declarant Only. Notwithstanding the foregoing or
anything elsewhere contained herein or in any other documents, the Declarant shall have
and hereby reserves the right and power acting alone and without the consent or approval
of the Owners, the Association, the Board of Directors, any Mortgagees or any other
person to amend or supplement this Declaration at any time and from time to time if such
amendment or supplement is made (a) to comply with requirements of the Federal
National Mortgage Association, the Government National Mortgage Association, the
Federal Home Loan Mortgage Corporation, the Department of Housing & Urban
Development, the Federal Housing Association, the Veteran's Administration or any
other governmental agency or any other public, quasi-public or private entity which
performs (or may in the future perform) functions similar to those currently performed by
such entities, (b) to induce any of such agencies or entities to make, purchase, sell, insure
or guarantee first mortgages covering Lots or Dwelling Units, (c) to bring this
Declaration into compliance with any statutory requirements, (d) to correct clerical,
typographical or other errors in this Declaration or any Exhibit hereto or any supplement
or amendment thereto, (e) to clarify Declarant's original intent, or (f) to expand or subject
to this Declaration additional portions of the Real Estate by Supplemental Declarations.
In furtherance of the foregoing, a power coupled with an interest is hereby reserved and
granted to the Declarant to vote in favor of, make, or consent to any amendments
described in this Paragraph 22 on behalf of each Owner as proxy or attorney-in-fact, as
the case may be. Each deed, mortgage, trust deed, other evidence of obligation, or other
instrument affecting a Lot or Dwelling Unit and the acceptance thereof shall be deemed
to be a grant and acknowledgment of, and a consent to the reservation of, the power to
the Declarant to vote in favor of, make, execute and record any such amendments. The
right of the Declarant to act pursuant to rights reserved or granted under this Paragraph
22 shall terminate at such time as the Declarant no longer holds or controls title to any
part or portion of the Real Estate.
23. Acceptance and Ratification. All present and future Owners, Mortgagees, tenants
and occupants of the Lots shall be subject to and shall comply with the provisions of this
Declaration, the Articles, and the Bylaws incorporated herein by reference, and the rules and
regulations as adopted by the Board of Directors as each may be amended from time to time. The
acceptance of a deed of conveyance or the act of occupancy of any Lots shall constitute an
agreement that the provisions of this Declaration, the Articles, the Bylaws, and rules and
regulations, as each may be amended or supplemented from time to time, are accepted and
ratified by such Owner, tenant or occupant, and all such provisions shall be covenants running
with the land and shall be binding on any person having at any time any interest or estate in a Lot
or the Real Estate as though such provisions were recited and stipulated at length in each and
every deed, conveyance, mortgage or lease thereof. All persons, corporations, partnerships,
trusts, associations, or other legal entities who may occupy, use, enjoy or control a Lot or Lots or
any part of the Real Estate in any manner shall be subject to the Declaration, the Articles of
Incorporation, the Bylaws, and the rules and regulations applicable thereto as each may be
amended. or supplemented from time to time.
24. Negligence. Each Owner shall be liable for the expense of any maintenance,
repair or replacement rendered necessary by his negligence or by that of any member of his
32
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family or his or their guests, employees, agents or lessees to the extent that such expense is not
covered by the proceeds of insurance carried by the Association.
25. Costs and Attorneys' Fees. In any proceeding arising because of failure of an
Owner to make any payments required or to comply with any provision of this Declaration, the
Articles of Incorporation, the Bylaws, or the rules and regulations adopted pursuant thereto as
each may be amended from time to time, the Association shall be entitled to recover its
reasonable attorneys' fees incurred in connection with such default or failure.
26. Waiver. No Owner may exempt himself from liability for his contribution toward
the Common Expenses by waiver of the use or enjoyment of any of the Common Area or by
abandonment of his Lot.
27. Severability Clause. The invalidity of any covenant, restrIctIon, condition,
limitation or other provision of this Declaration, the Articles or the Bylaws, shall not impair or
affect in any manner the validity, enforceability or effect of the rest of this Declaration, the
Articles, or the Bylaws, and each shall be enforced to the greatest extent permitted by law.
28. Pronouns. Any reference to the masculine, feminine or neuter gender herein
shall, unless the context clearly requires to the contrary, be deemed to refer to and include all
genders. And the singular shall include and refer to the plural and vice versa as appropriate.
29. InteI:pretation. The captions and titles of the various articles, sections, subsections,
paragraphs and sub-paragraphs of this Declaration are inserted herein for ease and convenience
of reference only and shall not be used as an aid in interpreting or construing this Declaration or
any provision hereof.
30. No Liability. Declarant, the Board, and the Architectural Review Board may
grant, withhold or deny its permission or approval in any instance where its permission or
approval is permitted or required without liability of any nature to Owner or any other person for
any reason whatsoever and any permission or approval granted shall be binding upon all persons.
31. Rules and Regulations. The Board of Directors shall have the right to promulgate
and establish rules and regulations relating to the requirements for maintenance of the Common
Area and the Lots and any other part of the Real Estate.
32. Section Declarations. Each Section or Sections may have a Declaration of
Covenants and Restrictions applicable to such Sec tion or Sections.
33. Controlling Document. In the event there is any conflict between the provisions of
this Declaration and any Section Declaration (or supplements or amendments thereto) or any Plat
(as such may be amended or supplemented), the terms and provisions of this Declaration as
supplemented or amended shall be controlling.
Conflict, as used herein, shall mean a situation where the application of the language in
one document contradicts the language in another document. Conflict does not occur where
33
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language in one document is simply more restrictive than language in another document.
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed as
of the day and year first above written.
DREES PREMIER HOMES, INC., an Ohio
corporation
By:
Printed:
Title:
COUNTY OF
)
) SS:
)
STATE OF
B"efore me, a Notary Public in and for said County and State, personally appeared
, by me known to be the of Drees Premier
Homes, Inc., who acknowledged the execution of the foregoing "Master Declaration of
Easements, Covenants and Restrictions of Belmont Place" on behalf of said corporation.
Witness my hand and Notarial Seal this
day of
,2006.
Notary Public
(Printed Signature)
My Commission Expires:
My County of Residence:
34
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EXHIBIT "A"
The Real Estate
35
0)
(,)
EXHIBIT "B"
LANDSCAPING, ARCHITECTURAL AND PARKING STANDARDS (INCORPORATE
FROM APPLICABLE CARMEL ORDINAN CES)
36
~
SUBDIVISION VARIANCE
REQUEST APPLICATION
o
(Submit two (2) copies)
Contact Person: Matthew S. Skelton, Esq. Telephone No. (317) 776-8654
Address: BINGHAM McHALE, LLP, 970 Logan Street, Noblesville, IN 46060
PROJECT NAME: Stafford Lane
PROJECT ADDRESS: 4201 East 146th Street
APPLICANT NAME: Drees Homes, by Matthew S. Skelton, BINGHAM McHALE, LLP
. L~dOwn~
ADDRESS: 970 Logan Street, Noblesville, IN 46060
TELEPHONE: (317) 776-8668
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
Secti~n 6.03.15, Page 6-3, Item 3 - Curve Radius
Section 7.01, Page 7-2, Table - Standard Open Space Requirement
State explanation of why variance is being requested:
As proposed, the plat of Stafford Lane includes four curves which possess 100' curve
radii and the proposed open space is below 20%.
State reasons supporting variance request:
The requested waivers are needed in order to efficiently develop the subject property
due to its odd configuration.
Present zoning:
R-1
-~
Signature of Property Owner
.............
---
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICA TION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
$
APPLICATION FEE
0>
146th Street
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Stafford Lane
Carmel, Indiana
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THE
SCHNEIDER
CORPORATION
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HISTORIC FORT HARRISON
8901 Otis Avenue
Indianapolis, Indiana
46216-1037
317-826-7100
317-826-7300 RESIDENTIAL FAX
317-826-7200 OFFICE FAX
Engineering
Surveying
Landscape Architecture
GIS ' LIS
Geology
20
CURVE
Cl
C2
C3
C4
C5
C6
C7
LENGTH
157.08'
89.18'
145.69'
90.75'
156.58'
157.08'
157.08'
I
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-N-
I
ASSUMED NORTH
SCALE: 1"=30'
CURVE DATA TABLE
RADIUS CHORD CHORD BEARING DELTA
100.00' 141.42' N45'54'25"W 90'00'00"
150.00' 87.87' - 517'56'18"E 34'03'46"
150.00' 140.03' 562'47'39"E 55'38'56"
150.00' 89.37' 516'25'28"W 34'39'48"
100.00' 141.06' N45'45'46"W 89'42'41"
100.00' 141.42' N44'05'35"E 90'00'00.
100.00' 141.42' 545'54'25"E 90'00'00.
STAFFORD LANE
PRIMARY PLAT
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THE
SCHNEIDER
CORPORATION
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HISTORIC FORT HARRISON
8901 Otis Avenue
Indianapolis. Indiana
46216-1037
317-826-7100
317-826-7300 RESIDENTIAL FAX
317-826-7200 OFFICE FAX
Engineering
Surveying
Landscape Architecture
GIS . LIS
Geology
46
CURVE
Cl
CZ
C3
C4
C5
C6
C7
LENGlH
157.08'
89.18'
145.69'
90.75'
156.58'
157.08'
157.08'
CURVE DATA TABLE
RADIUS CHORD CHORD BEARING DELTA
100.00' 141.42' N45'54'Z5"W 90'00'00"
150.00' 87.87' SI7'56'18"E 34'03'46"
150.00' 140.03' S6Z'47'39"E 55'38'56"
150.00' 89.37' SI6'Z5'ZS"W 34'39'48"
100.00' 141.06' N45'45'46"W 89'42'41"
100.00' 141.4Z' N44'05'35"E 90'00'00"
100.00' 141.42' S45'54'ZS"E 90'00'00"
STAFFORD LANE
PRIMARY PLAT
I
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ASSUMED NORTH
SCALE: 1"=30'
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THE
SCHNEIDER
CORPORATION
50
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HISTORIC FORT HARRISON
8901 Otis Avenue
Indianapolis. Indiana
46216-1037
317-826-7100
317-826-7300 RESIDENTIAL FAX
317-826-7200 OFFICE FAX
Engineering
Surveying
Landscape Architecture
GIS . LIS
Geology
CURVE
Cl
C2
C3
C4
C5
C6
C7
LENGTH
157.08'
89.18'
145.69'
90.75'
156.58'
157.08'
157.08'
CURVE DATA TABLE
RADIU5 CHORD CHORD BEARING DELTA
100.00' 141.42' N45'54'25"W 90'00'00"
150.00' 87.87' 517'S6'18"E 34'03'46"
150.00' 140.03' 562'47'39"E 55'38'56"
150.00' 89.37' 516'2S'28"W 34'39'48"
100.00' 141.06' N45'45'46"W 89'42'41"
100.00' 141.42' N44'05'3S"E 90'00'00"
100.00' 141.42' 545'54'2S"E 90'00'00"
I
,
-N-
I
ASSUMED NORTH
SCALE: 1"=30'
STAFFORD LANE
PRIMARY PLAT
R: \5K\5622\001\DWGS\pre1.DWG (TAB - EXHIBIT3)
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THE
SCHNEIDER
CORPORATION
2 8'
CURVE
Cl
CZ
C3
C4
C5
C6
C7
r"\
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HISTORIC FORT HARRISON
8901 Otis Avenue
Indianapolis. Indiana
46216-1037
317-826-7100
317-826-7300 RESIDENTIAL FAX
317-826-7200 OFFICE FAX
51
----= ----
LENGTH
157.08'
89.18'
145.69'
90.75'
156.58'
157.08'
157.08'
CURVE DATA TABLE
RADIUS CHORD CHORD BEARING DELTA
100.00' 141.4Z' N45'54'ZS"W 90'00'00"
150.00' 87.87' Sl7'56'18"E 34'03'46"
150.00' 140.03' S6Z'47'39"E 55'38'56"
150.00' 89.37' S16'Z5'Z8"W 34'39'48"
100.00' 141.06' N45'45'46"W 89'42'41"
100.00' 141.42' N44'05'35"E 90'00'00"
100.00' 141.42' S45'54'ZS"E 90'00'00"
STAFFORD LANE
PRIMARY PLAT
R: \5K\5622\001\DWGS\pre1.DWG (TAB - EXHIBIT4)
Engineering
Surveying
Landscape Architecture
GIS . LIS
Geology
I
!
-N.-
I
ASSUMED NORTH
SCALE: 1"=30'
01/20/06
TSC 5622.001
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Bingham . McHalew>
attorneys at law
CONSENT FORM
The undersigned, 'p f2- L l/ /::f r L .J: ;J c~ , being the
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owner(s) of the property commonly known as Lj-Jo I E, /'t ~ t':::- S1-R-t,(t; C-Prrc./n i-L-J L rJ
hereby authorizes BINGHAM McHALE, LLP and Drees Homes to file all necessary petitions,
applications and supporting materials for subdivision platting, development plan, annexation and
any other associated plan approval(s) regarding the aforementioned property with the City of
Carmel, Hamilton County, Indiana and/or any other relevant government entity.
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Owner
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Owner
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Date Date
970 Logan Street. Noblesville, Indiana 46060 . Telephone 317.776.8668 . Facsimile 317.776.8657
Hamilton County Indianapolis Jasper Vincennes