HomeMy WebLinkAboutSupplemental Declaration of Covenants and Restrictions for Towns,CPf
t'CJ f
SUPPLEMENTAL DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AMBLESIDE
2021092994 DECL $25.00
12/30/2021 09:06:51A 53 PGS
Jennifer Hayden
HAMILTON County Recorder IN
Recorded as Presented
TOWNS
Hamilton County, Indiana
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR AMBLESIDE TOWNS
This Supplemental Declaration of Covenants, Conditions and Restrictions for Ambleside
Towns (the "Supplemental Declaration") is made as of December 29, 2021 by Hoffman Developer,
LLC, an Indiana limited liability company, (the "Supplemental Declarant").
RECITALS:
A. Supplemental Declarant is the owner of a certain parcel of real estate located in City of
Carmel, Hamilton County, Indiana and particularly described on Exhibit "A" attached
hereto and incorporated herein by this reference (the "Real Estate"); and
B. Supplemental Declarant is the owner of the real estate located in City of Carmel, Hamilton
County, Indiana and particularly described on Exhibit "B" attached hereto and
incorporated herein by reference, along with all real estate contiguous therewith (the
"Additional Real Estate"); and
C. The Real Estate together with such portions of the Additional Real Estate as may be made
subject to this Supplemental Declaration per the terms of Article II below, as the same
has been subdivided and platted, and any additions thereto which, from time to time, may
be subjected to the covenants, conditions, restrictions, reservations, easements, charges and
liens of this Supplemental Declaration shall be hereinafter referred to as the "Property";
and
D. The Property is being developed for a neighborhood of Townhome Dwellings, as
hereinafter defined, called "Ambleside Towns", which is part of the Ambleside
subdivision.
E. The Property is also subject to that certain Declaration of Covenants, Conditions and
Restrictions of Ambleside recorded in the Office of the Recorder of Hamilton County,
Indiana, on`D9C. �SCt, 2021, as Instrument No. ?P IaqZ �, as amended from
time to time (the "Declaration");
F. Supplemental Declarant desires to provide for the preservation of the values of
Ambleside Towns, and to provide for the maintenance of the Dwelling Units and Lots, as
both are hereinafter defined, and, to this end, declare and publish its intent to subject the
Property to the covenants, conditions, restrictions, easements, charges and liens hereinafter
set forth, it being intended that they shall run with title to the Property and shall be binding
on all persons or entities having or acquiring any right, title or interest in the Property or
any part thereof and shall inure to the benefit of each owner thereof, and
G. Supplemental Declarant has deemed it desirable for the efficient preservation of the values
of Ambleside Towns to create an Supplemental Association to be known as the Ambleside
Towns Homeowners Association, Inc., an Indiana not -for -profit corporation (the
"Supplemental Association"), to which shall be delegated and assigned the powers of
maintaining certain portions of the Property, administering and enforcing the covenants
and restrictions made in and pursuant to this Supplemental Declaration with respect to the
Property, collecting and disbursing the assessments and charges hereafter created with
respect to the Property, and promoting; the recreation, health, safety and welfare of the
owners of the Property and all parts thereof, and
NOW, THEREFORE, Supplemental Declarant declares that the Property shall be held,
transferred, sold, conveyed, hypothecated, encumbered, leased, rented, used, improved, and
occupied subject to the provisions, agreements, covenants, conditions, restrictions, reservations,
easements, assessments, charges and liens hereinafter set forth, all of which are for the purpose of
protecting the value and desirability of, and shall run with, the Property and be binding on all
parties having any right, title or interest in the Property or any part thereof, their respective
successors and assigns, and shall inure to the benefit of Supplemental Declarant and the successors
in title to the Property or any part or parts thereof.
ARTICLE I
DEFINITIONS
Section 1.1 "Supplemental Association" shall mean and refer to the Ambleside Towns
Homeowners Association, Inc., an Indiana not -for -profit corporation, and its successors and
assigns.
Section 1.2 "Articles" shall mean and refer to the Articles of Incorporation of the
Supplemental Association, as the same may be amended from time to time.
Section 1.3 "Authority Transfer Date" shall have the meaning ascribed thereto in Section
3_1 of this Supplemental Declaration.
Section 1.4 "Board of Directors" shall mean the elected body having its normal meaning
under Indiana corporate law.
Section 1.5 "Budget Meeting" shall mean the annual or special meeting of the
Supplemental Association, subsequent to the Authority Transfer Date, at which the Owners shall
be asked to approve the Supplemental Association's budget for a particular fiscal year.
Section 1.6 "Builder" shall mean and refer to Pulte Homes of Indiana, LLC, an Indiana
limited liability company, or its successors and assigns.
Section 1.7 "Bylaws" shall mean and refer to the Bylaws of the Supplemental Association,
as the same may be amended from time to time.
Section 1.8 "City" shall mean the City of Carmel, Indiana.
Section 1.9 "Common Area" or "Common Areas" shall mean and refer to all real property
(including the improvements thereto) in Ambleside for the common use and enjoyment of the
Members and the other owners in Ambleside. All of the Property which is not included in any
particular Lot or which is not dedicated to and accepted by a local public authority, as shown on
current or future approved plats of the Property and/or as described herein, shall be considered to
be a part of the Common Area.
2
Section 1.10 "Common Expenses" shall mean and refer to (i) expenses of administration
of the Supplemental Association, (ii) expenses for the Exterior Maintenance and reasonable
reserves for the Dwelling Units, as provided in this Supplemental Declaration, (iii) all sums
lawfully assessed against the Owners by the Supplemental Association, and (iv) all other sums,
costs and expenses declared by this Supplemental Declaration to be Common Expenses.
Section 1.11 "County" shall mean the County of Hamilton, Indiana.
Section 1.12 "Development Period" shall mean the period of time commencing with
Supplemental Declarant's acquisition of the Property and ending on the termination of the Class
B Membership in the manner set forth in Section 3.1 below. During the Development Period, the
Supplemental Declarant reserves the right to facilitate the development, construction, and
marketing of the Property, and the right to direct the size, shape and composition of the Property.
Section 1.13 "Dwelling Unit" shall mean any improvement to the Property intended for
any type of independent ownership for use and occupancy as a residence by a single household
and shall, unless otherwise specified, include within its meaning (by way of illustration but not
limitation) a townhome.
Section 1.14 "Dwelling Unit Insurance" shall mean an insurance policy in the form HO-6,
with Coverage A and Special Perils with the following coverage and minimum levels of insurance:
liability coverage in a minimum amount of $500,000; sewer and drainage backup coverage in a
minimum amount of $5,000; and loss assessment coverage in a minimum amount of $5,000. The
Board of Directors shall have the right, from time to time to both (i) increase the required levels
of coverage, and (ii) to change the description of the types and forms of insurance to be included
within the definition of Dwelling Unit Insurance in the event that the forms of such an insurance
policy are modified, including coverages and endorsements. Any such increase or change shall be
effective upon written notice to the Owners.
Section 1.15 "Exterior Maintenance" shall mean (i) the maintenance, repair, and
replacement of Dwelling Unit roofs and all exterior walls and improvements of a Dwelling Unit
including exterior shutters, exterior windows, exterior doors, siding, and exterior architectural
elements; (ii) replacement of exterior light fixtures; (iii) the painting of the exterior faces of the
walls of the Dwelling Units, including associated trim and the exterior of garage doors; (iv) the
Supplemental Association Yard Maintenance; (v) the removal of snow on driveways, entry stoops,
and all sidewalks once snow has accumulated to two inches (2") or more; (vi) the repair and
replacement of driveways, sidewalks located between driveways and entry stoops, and entry
stoops; (vii) the maintenance, repair and replacement of mailboxes and supporting posts that serve
each Dwelling Unit; (viii) the maintenance, cleaning, repair, and replacement of gutters and
downspouts attached to each Dwelling Unit; (ix) the maintenance, repair, and replacement of all
decks, patios, and surrounding fencing to the extent such items were installed by Supplemental
Declarant or Builder as a part of the original construction of a particular Dwelling Unit (with the
responsibility for any later additions or improvements made to such decks, patios, and surrounding
fencing to be included within Owner Yard Maintenance, below); (x) the replacement of garage
doors; (xi) caulking, painting and replacement of all entry doors to Dwelling Units; (xii) caulking,
W
repairs to frames, painting and replacement of all exterior windows on Dwelling Units; (xiii)
opening, closing and maintenance of irrigation systems, if any, installed by Supplemental
Declarant or Builder on a Lot; and (xiv) maintenance, repair, and replacement of underground
storm water, water, and sanitary sewer lines serving the Dwelling Units to the extent such lines are
located between (A) the street or streets fronting the corresponding Dwelling Unit and (B) the
service meter for the corresponding utility service, provided such maintenance, repair, or
replacement is not otherwise the responsibility of the provider of such utility service. The
Supplemental Association shall have the authority to adopt such standards regarding Exterior
Maintenance as it may from time to time consider necessary or appropriate, which shall be
effective immediately following adoption. Notwithstanding anything in the foregoing definition
to the contrary, Exterior Maintenance shall not include any Owner Maintenance, any Owner Yard
Maintenance, any Owner Damage Repairs or any maintenance of the slab floors of the Dwelling
Units. The costs of performing Exterior Maintenance shall be included within Common Expenses
and recovered by the Supplemental Association through both Regular Assessments and Special
Assessments as more particularly described in Article V of the Supplemental Declaration.
Section 1.16 "Federal Agencies" shall mean (by way of illustration but not limitation) the
Federal Housing Authority, the Federal National Mortgage Association, the Government National
Mortgage Association, the Federal Home Loan Mortgage Corporation, the Department of Housing
and Urban Development, the Veterans Administration or any other governmental agency.
Section 1.17 "Flowerbeds" shall mean those flowerbeds, if any, installed on a Lot by an
Owner with the prior approval of the Architectural Review Board as referenced in Section 6.6 of
the Supplemental Declaration.
Section 1.18 "Governing Documents" means this Supplemental Declaration, the Articles
of Incorporation filed with the Indiana Secretary of State, Bylaws, Rules and Regulations and all
other rules and regulations promulgated by the Supplemental Association pursuant to this
Supplemental Declaration, and resolutions of the Board, as each may be adopted and amended
from time to time.
Section 1.19 "HOA Act" shall mean Article 32.25.5 of the Indiana Code, as the same may
be modified from time to time.
Section 1.20 "Local Governing Authority" shall mean the City and/or the County,
individually or collectively.
Section 1.21 "Lot" shall mean and refer to any discrete plot of land created by and shown
on a lawfully recorded subdivision plat of the Property upon which a Dwelling Unit could be
constructed in accordance with applicable zoning ordinances; provided, however, that where a
Dwelling Unit (i) is separated from an adjacent Dwelling Unit by a Party Wall, or (ii) shares a
Party Wall with an adjacent Dwelling Unit, the center line of such Party Wall and its vertical
extensions shall constitute the common boundary line (Lot line) between adjacent Lots, and the
closure of the boundary lines of such adjacent Lots shall be accomplished by extending
perpendicular lines from the horizontal extremities of such Party Wall to the closest boundary line
or lines for such Lots as shown on any Plat or any part thereof, provided, however, further that
4
where any exterior wall of a Dwelling Unit is not a Party Wall, but extends outside the boundary
lines (Lot lines) of any Lot (as shown on any such Plat or part thereof) upon which such Dwelling
Unit is primarily located, the boundary lines of such Lot shall be deemed to include all of the
ground area occupied by such Dwelling Unit. It is the intent hereof that, in any and all events in
which a boundary line as shown on any Plat or part thereof does not coincide with the actual
location of the respective wall of the Dwelling Unit because of inexactness of construction, settling
after construction, or for any other reason, this Supplemental Declaration and any Plat or any part
thereof shall be interpreted and construed so that all ground area underlying beneath a Dwelling
Unit shall be and constitute part of the Lot upon which such Dwelling Unit is primarily located to
the end that all of such ground area shall be subject to fee simple ownership by the Owner of such
Dwelling Unit; to the extent necessary to accomplish and implement such intention, interpretation
and construction, the boundary lines of the Lots shall be determined in accordance with the
foregoing definitional provisions and boundary lines as so determined shall supersede the
boundary lines for Lots shown on any Plat or part thereof.
Section 1.22 "Maintenance Costs" means all of the costs necessary to keep the facilities to
which the term applies operational and in good condition, including but not limited to the cost of
all upkeep, maintenance, repair, replacement, of all or any part of any such facility, payment of all
insurance with respect thereto, all taxes imposed on the facility and on the underlying land,
leasehold, easement or right-of-way, and any other expense related to continuous maintenance,
operation or improvement of the facility.
Section 1.23 "Mechanicals Maintenance" shall mean the maintenance, repair, and
replacement of all mechanical equipment serving a Dwelling Unit, including HVAC (including
ducts, pipes, wires, meters and conduits), a,)ndensing units (both interior and exterior),
compressors, housings, water heaters, and water softeners.
Section 1.24 "Member" shall mean and refer to every person or entity who holds a
membership in the Supplemental Association, as more particularly set forth in Article II below.
Section 1.25 "Mortgagee" shall mean and refer to any person or entity holding a first
mortgage on any Lot who has notified the Supplemental Association of this fact in writing. An
"Eligible Mortgagee" shall be a Mortgagee who has given notice to the Supplemental Association
of its interest and requested all rights afforded Eligible Mortgagees under Article XII.
Section 1.26 "Official Zoning Ordinance" shall mean "Ordinance Number Z-659-16, an
Ordinance of the Common Council of the City of Carmel, Indiana Establishing the Ambleside
Point Planned Unit Development District, as amended from time to time.
Section 1.27 "Owner" shall mean and refer to the record owner, whether one (1) or more
persons or entities, of the fee simple title to any Lot, including a contract seller but excluding those
holding such interest in a Lot solely by virtue of a contract to purchase a Lot or as security for the
performance of an obligation. If more than one (1) person or entity is the record owner of a Lot,
the term Owner as used herein shall mean and refer to such owners collectively, so that there shall
be only one (1) Owner of each Lot.
5
Section 1.28 "Owner Damage Repairs" shall mean the maintenance, repair, or replacement
of any item or element of a Dwelling Unit or Lot that is damaged or destroyed by the gross
negligence or willful misconduct of either (i) the Owner or other occupant of the Dwelling Unit or
Lot so damaged or destroyed, or (ii) the residents, guests or other invitees of the Owner or other
occupant of the Dwelling Unit or Lot so damaged or destroyed.
Section 1.29 "Owner Maintenance" shall mean (i) Utility Line Maintenance; (ii)
Mechanicals Maintenance; (iii) the maintenance, repair, and replacement of garage door hardware
and garage door openers; (iv) the maintenance, repair, and replacement of hardware, glass, seals
and screens on all entry doors to a Dwelling Unit, including any work covered by applicable
warranties provided to the corresponding Owner; (v) the maintenance, repair, and replacement of
hardware, glass, seals and screens on all exterior windows to a Dwelling Unit, including any work
covered by applicable warranties provided to the corresponding Owner; (vi) the cleaning of the
interior and exterior surfaces of all exterior windows to a Dwelling Unit; (vii) the maintenance,
and repair of exterior light fixtures and the replacement of light bulbs in such fixtures; (viii) the
maintenance, repair, and replacement of the interior elements of a Dwelling Unit, including, but
not limited to, all wall and floor coverings, cabinets, fixtures and lighting; (ix) the maintenance,
repair, and replacement of fences and patio screens installed by Supplemental Declarant or
13 u i I der; and (x) the maintenance of the slab floor.
Section 1.3"Owner Yard Maintenance" shall mean (i) the maintenance of any
Flowerbeds; (ii) the maintenance, repair, and replacement of any personal property, whether or not
attached to the Dwelling Unit, including, without limitation, flags, flagpoles, flower boxes, garden
hoses, and any outdoor furniture or decorative items; and (iii) the maintenance, repair, and
replacement of all improvements or additions made to decks, patios, and surrounding fencing after
their initial installation by Supplemental Declarant or Builder as part of the original construction
of a particular Dwelling Unit.
Section 1.31 "Party Wall" shall mean each wall that is built as a part of the original
construction of a Dwelling Unit and placed on the dividing line between Lots.
Section 1.32 "Permitted Signs" shall mean (i) customary real estate sale or lease signs
which have received the prior written approval of the Architectural Review Board (as defined in
Article VII);.and (ii) temporary construction and home signage.
Section 1.33 "Person" shall mean an individual, firm, corporation, partnership,
Supplemental Association, trust, or other legal entity, or any combination thereof.
Section 1.34 "Recorder's Office" shall mean the Office of the Recorder of Hamilton
County, Indiana.
Section 1.35 "Regular Assessments" shall mean and refer to assessments levied against all
Lots to fund Common Expenses.
Section 1.36 "Restrictions" shall mean and refer to the agreements, conditions, covenants,
restrictions, easements, assessments, charges, liens, and other provisions set forth in this
M
Supplemental Declaration with respect to the Property, as the same may be amended from time to
time.
Section 1.37 "Shared Party Wall Maintenance" shall mean (i) any Utility Line Maintenance
or Mechanicals Maintenance to the extent that the line or component in the need of maintenance,
repair or replacement is located within a Party Wall; and (ii) the maintenance, repair, and
replacement of a Party Wall.
Section 1.38 "Special Assessments" shall mean and refer to assessments levied in
accordance with Section 5.7 of this Supplemental Declaration.
Section 1.39 "Structure" shall mean any temporary or permanent improvement or building
or portion thereof, including, without limitation, walls, decks, patios, stairs, windows, window
boxes, doors, address markers, flag poles, trees, hedges, shrubbery, satellite dishes, antennae,
shutters, awnings, hot tubs, pavement, walkways, driveways, garages and/or garage doors, or
appurtenances to any of the aforementioned.
Section 1.44 "Structure Insurance" shall mean the casualty insurance that the
Supplemental Association shall carry on the Dwelling Units, which shall cover risks not otherwise
insured by the Dwelling Unit Insurance.
Section 1.41 "Supplemental Declarant" shall mean and refer to Hoffinan Developer, LLC,
or its successors or assigns. Any assignment of all or any of the rights of Supplemental Declarant
shall be included in a deed, assignment or other instrument recorded in the Recorder's Office.
Section 1.42 "Supplemental Declaration" shall mean this Supplemental Declaration of
Covenants, Conditions and Restrictions for Ambleside Towns, which is to be recorded in the
Recorder's Office.
Section 1.43 "Utility Line Maintenance" shall mean (i) the maintenance, repair, and
replacement of storm water, water, and sanitary sewer lines serving the Dwelling Units to the
extent located between (A) the service meter for the corresponding utility service and (B) the
interior fixtures within the corresponding Dwelling Unit connected to such utility service, provided
such maintenance, repair, or replacement is not otherwise the responsibility of the provider of such
utility service; and (ii) the maintenance, repair, and replacement of all water, sanitary sewer,
natural gas, electric, television, cable, telephone, HVAC, satellite, and antennae utility lines
serving a Dwelling Unit.
Section 1.44 "Yard" shall mean the portion of each Lot that is located outside the
foundation line of the Dwelling Unit constructed on that Lot. When used herein, "Yards" shall
refer to every Yard on every Lot in the Property unless the context requires otherwise.
Notwithstanding anything in the foregoing definition to the contrary, no area on a particular Lot
shall be considered to be a Yard under this Supplemental Declaration until a certificate of
occupancy has been issued for the Dwelling Unit on that Lot.
Section 1.45 "Yard Maintenance" or "Supplemental Association Yard Maintenance" shall
7
mean (i) mowing, trimming, re -sowing, re -sodding, and fertilizing Yards; (ii) the raking and
removal of leaves located on Yards; (iii) annual mulching of landscaping beds installed by
Supplemental Declarant or Builder on Yards (but not Flowerbeds); (iv) trimming of shrubbery
planted by Supplemental Declarant or Builder along the foundations of the Dwelling Units; (v) the
fertilization of trees and shrubs installed by Supplemental Declarant or Builder; and (vi) the
removal and replacement of dead trees, shrubs, and other decorative plants installed by
Supplemental Declarant or Builder. Notwithstanding anything in the foregoing definition to the
contrary, Supplemental Association Yard Maintenance shall not include any Owner Yard
Maintenance. Except for the mulching of landscaping beds installed by Supplemental Declarant
or Builder on Yards, which shall occur annually, the Board of Directors shall determine the
frequency with which Supplemental Association Yard Maintenance shall be performed by the
Supplemental Association, which may be changed by the Board of Directors from time to time.
The costs of performing Supplemental Association Yard Maintenance shall be included within
Common Expenses and recovered by the Supplemental Association through both Regular
Assessments and Special Assessments as more particularly described in Article V of the
Supplemental Declaration.
ARTICLE II
ADDITIONS TO AND WITHDRAWALS FROM THE PROPERTY
Section 2.1 Additions. As of the date of the execution of this Supplemental Declaration,
the Property consists solely of the Real Estate, Supplemental Declarant shall have the right, and
hereby reserves on to itself the unilateral right, at any time, and from time to time, at any time
prior to the end of the Development Period, to add to the Property and subject all or any part of
the Additional Real Estate to this Supplemental Declaration; provided, however, that the addition
of any parts of the Additional Real Estate not owned by the Declarant at the time the same are
subjected to this Supplemental Declaration shall require the written consent of such Owner. Any
portion of the Additional Real Estate shall be added to the Property, and therefore and thereby
becomes a part of the Property and subject in all respects to this Supplemental Declaration and
all rights, obligations, and privileges herein, when Supplemental Declarant places of record in
Hamilton County, Indiana, a written instrument or written statement so declaring the same to be
part of the Property, which written instrument or written statement may be contained in a Plat,
or an amendment or supplement to this Supplemental Declaration. Any such written instrument
or written instrument may contain modifications hereto and additional terms, conditions,
restrictions, maintenance obligations, and assessments as may be necessary to reflect the
different character, if any, of the Additional Real Estate.
Upon recording of any such instrument on or before the end of the Development Period,
the real estate described therein shall, for all purposes, thereafter be deemed a part of the Property
and the Owners of any Lots within such real estate shall be deemed for all purposes, to have and
be subject to all of the rights, duties, privileges, and obligations of Owners of Lots within the
Property. No single exercise of Supplemental Declarant's right and option to add and expand the
Property as to any part or parts of the Additional Real Estate shall preclude Supplemental
Declarant from thereafter from time to time further expanding and adding to the Property to include
other portions of the Additional Real Estate, and such right and option of expansion may be
8
exercised by Supplemental Declarant from time to time as to all or any portions of the Additional
Real Estate so long as such expansion is accomplished on or before the end of the Development
Period. Such expansion of the Property shall not require the consent of any Person other than the
Owner(s) of the property to be added, if not the Supplemental Declarant and is entirely at the sole
discretion of the Supplemental Declarant, and nothing contained in this Supplemental Declaration
or otherwise shall require Supplemental Declarant to expand the Property beyond the Real Estate,
or to any portions of the Additional Real Estate, which Supplemental Declarant may voluntarily
in its sole discretion from time to time subject to this Supplemental Declaration.
Section 2.2 Withdrawals. So long as it has a right to annex or subject to this
Supplemental Declaration the Additional Real Estate pursuant to Section 3.1, Supplemental
Declarant reserves the unilateral right in its sole discretion to amend this Supplemental
Declaration for the purpose of removing any portion of the Property, which has not yet been
improved with Residences, from the coverage of this Supplemental Declaration. Such
amendment shall not require the consent of any Person other than the Owner(s) of the property to
be withdrawn, if not the Supplemental Declarant.
ARTICLE III
MEMBERSHIP
Every Owner of a Lot which is subject to this Supplemental Declaration shall be a Member
of the Supplemental Association. Membership shall be appurtenant to and may not be separated
from ownership of any Lot which is subject to assessment by the Supplemental Association.
Ownership of such Lot shall be the sole qualification for membership. No Owner shall have more
than one (1) membership in the Supplemental Association for each Lot it owns.
ARTICLE IV
VOTING RIGHTS
Section 4.1 Classes. The Supplemental Association shall have two (2) classes of voting
membership as follows:
Class A: Class A Members shall be all Members with the exception of the Class B
Member. A Class A Member shall be entitled to one (1) vote for each Lot
in which it holds the interest required for membership pursuant to Article
II herein with respect to each matter submitted to a vote of Members upon
which the Class A Members are entitled to vote.
Class B: The Class B Member shall be the Supplemental Declarant. At all times prior
to expiration of the Class B Membership, as provided below in this Section,
the Class B Member shall have the same number of votes at any meeting in
which votes are to be taken as is held collectively by all Class A members,
plus one hundred (100) additional votes. Supplemental Declarant's Class B
membership interest shall be converted to and shall become a Class A
6
membership interest with one (1) vote for each Lot in which it holds an
interest, and the Development Period shall terminate, upon the happening
of any of the following events, whichever occurs first (the "Authority
Transfer Date"):
(a) When the Class B member no longer owns any portion of the
Property; or
(b) December 31, 2050; or
(c) When, in its sole discretion, the Supplemental Declarant expressly
and specifically terminates and waives in writing its right to Class B
Membership. The Supplemental Declarant reserves the right to
assign some of its rights and obligations under this Supplemental
Declaration without terminating the Development Period and
without terminating or waiving its right to Class B Membership.
Section 4.2 Multiple Ownership Interests. When more than one (1) Person
constitutes the Owner of a particular Lot, all of such Persons shall be Members of the Supplemental
Association, but all of such Persons, collectively, shall have only one (1) vote for such Lot. The
vote for such Lot shall be exercised as such Persons constituting the Owner of the Lot determine
among themselves, and may be exercised by any one (1) of the Persons holding such ownership
interest, unless any objection or protest by any other holder of such ownership interest is made
prior to the completion of a vote, in which case the vote cast for such Lot shall not be counted, but
the Member whose vote is in dispute shall be counted as present at the meeting for quorum
purposes if the protest is lodged at such meeting. In no event shall more than one (1) vote be cast
with respect to any Lot.
ARTICLE V
DECLARATION OF RESTRICTIONS
Section 5.1 Declaration. Supplemental Declarant hereby expressly declares that the
Property and any additions thereto pursuant to this Supplemental Declaration, shall be held,
transferred and occupied subject to these Restrictions. The Owners of each Lot are subject to these
Restrictions, and all other Persons, whether (i) by acceptance of a deed from Supplemental
Declarant, Builder or subsequent Owner conveying title thereto, or the execution of a contract for
the purchase thereof, whether from Supplemental Declarant, Builder or a subsequent Owner of
such Lot, or (ii) by the act of occupancy of any Lot, shall conclusively be deemed to have accepted
such deed, executed such contract and undertaken such occupancy subject to each Restriction and
agreement herein contained. By acceptance of such deed, or execution of such contract, or
undertaking such occupancy, each Owner and each other Person for itself, its heirs, personal
representatives, successors and assigns, acknowledges the rights and powers of Supplemental
Declarant, the Architectural Review Board and of the Supplemental Association with respect to
these Restrictions, and also, covenants, agrees and consents to and with Supplemental Declarant,
the Architectural Review Board, the Supplemental Association, and the Owners and subsequent
10
Owners of each of the Lots affected by these Restrictions, to keep, observe, comply with and
perform such Restrictions and agreements.
ARTICLE VI
ASSESSMENTS
Section 6.1 Creation of the Lien and Personal Obligation for Assessments. Each Owner
of a Lot covenants and agrees that, by acceptance of a deed therefor, whether or not it shall be so
expressed in any such deed or other instrument of conveyance, to pay to the Supplemental
Association: (a) Regular Assessments, (b) Special Assessments, (c) Working Capital Assessments,
(d) Resale Assessments, and any other amounts as may be provided for hereunder to be due from
any Owner in connection with his ownership of a Lot. Such assessments are to be established and
collected as hereinafter provided. The Supplemental Association's Regular Assessments, Special
Assessments, Working Capital Assessments and Resale Assessments, together with interest
thereon, late fees (as contemplated in Section 5.6 c below) and costs of collection thereof, as
hereinafter provided, shall be assessed against each applicable Owner's Lot and shall be a
continuing lien upon the Lot against which each assessment is made. Each such assessment,
together with interest, late fees, collection costs, and reasonable attorneys' fees, shall also be the
personal obligation of the person who was the Owner of such Lot at the time the assessment
became first due. The Regular Assessments, Special Assessments, Working Capital Assessments
and Resale Assessments, when assessed upon resolution of the Board of Directors for each year,
shall become a lien on each Lot in the amount of the entire Regular Assessment, Special
Assessment, Working Capital Assessments or Resale Assessment, eventhough the Regular
Assessments and Special Assessments shall be payable in equal installments collected on a
monthly or quarterly basis as determined by the Board of Directors.
Section 6.Z Purpose of Assessment. The assessments levied by the Supplemental
Association shall be used to promote the recreation, health, safety and welfare of the residents and
Owners of the Property, and for the improvement and maintenance of the Dwelling Units or other
property which the Supplemental Association has the obligation to maintain as the Board of
Directors may determine to be appropriate. In addition, the assessments levied by the
Supplemental Association shall be used to (i) pay the premiums and other costs related to the
Structure Insurance (but not any deductibles), and (ii) perform the Exterior Maintenance.
Section 6.3 Annual Accounting. Annually, after the close of each fiscal year of the
Supplemental Association and prior to the date of the annual meeting of the Supplemental
Association next following the end of such fiscal year, the Board of Directors shall cause to be
prepared and furnished to each Owner a financial statement, which statement shall show all
receipts and expenses received, incurred and paid during the preceding fiscal year. Any costs
charged to the Supplemental Association for the preparation of said statements shall be a Common
Expense.
Section 6.4 Proposed Annual Budget. Subsequent to the Authority Transfer Date, and
on or before the date of the annual Budget Meeting, the Board of Directors shall cause to be
prepared a proposed annual budget for the next ensuing fiscal year that: (i) estimates the total
11
amount of the Common Expenses for such next ensuing fiscal year; (ii) estimates the total amount
of the revenue the Supplemental Association expects to receive during such next ensuing fiscal
year, including Regular Assessments; and (iii) estimates the amount of surplus or deficit at the
end of the then current fiscal year. Following the completion of such a budget for a particular
fiscal year and prior to its corresponding Budget Meeting, the Supplemental Association shall
either (i) furnish a copy of such proposed budget to each Owner, or (ii) notify each Owner that the
proposed budget is available upon request at no additional charge to that Owner. At the same time,
the Supplemental Association shall provide each Owner with a written notice of the amount of any
increase or decrease in the Regular Assessment payable by the Owners that would occur if the
proposed annual budget is approved. The annual budget shall be submitted to the Owners at the
Budget Meeting for adoption and, if so adopted, shall be the basis for the Regular Assessments for
the next ensuing fiscal year. At such Budget Meeting, the budget may be approved in whole or in
part or may be amended in whole or in part by a majority vote of the Owners. For purposes of this
Budget Meeting, a member is considered to be in attendance at the meeting if the member attends:
(1) in person; (2) by proxy; or (3) by any other means allowed under Indiana law or under the
Supplemental Declaration or the By -Laws. However, in no event shall such meeting of the Owners
be adjourned until an annual budget is approved and adopted at such meeting, whether it be the
proposed annual budget or the proposed annual budget as amended. The annual budget, the
Regular Assessments and all sums assessed by the Supplemental Association shall be established
by using generally accepted accounting principles applied on a consistent basis. 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. In the event there
is no annual budget approved by the Owners as herein provided for the current fiscal year, whether
before or after the Budget Meeting, the Owners shall continue to pay Regular Assessments based
upon the last approved budget or, at the option of the Board of Directors, Regular Assessments
based upon one hundred and ten percent (110%) of such last approved budget.
Section 6.5 Establislunent of Regular Asscssinent. The Supplemental Association must
levy in each of its fiscal years a Regular Assessment against each Lot. The amount of such Regular
Assessment shall be established by the Board of Directors, and written notice of the same shall be
sent to every Owner at least thirty (30) days in advance of the commencement of each Regular
Assessment period. Regular Assessments against each Lot shall be paid in advance, payable in
monthly or quarterly installments as directed by the Board. The initial Regular Assessment levied
by the Supplemental Association for each Lot shall be adjusted according to the number of months
remaining in the period for which such initial assessment was levied. All payments of Regular
Assessments and Special Assessments shall be non-refundable, and all collections and funds held
by the Supplemental Association on account thereof shall be appurtenant to and be applied for the
benefit of the respective Lot. In no event shall any Owner be due any rebate or credit from the
Supplemental Association upon resale or other transfer or conveyance for prepaid Regular
Assessments or Special Assessments.
Section 6,6 Re lar Assessments.
Regular Assessments shall be against each Lot in accordance with the following terms and
provisions:
12
(a) Prior to January 1 of the year immediately following conveyance of the first Lot to
an Owner other than Builder, the Regular Assessment shall not exceed Three
Hundred Twenty -Five Dollars ($325.00) per month.
(b) After the initial year described in Section 5.6(a), above, the amount of the Regular
Assessment shall be determined as provided in Section 5.5, above.
(c) The Regular Assessment against each Lot shall be paid in monthly or quarterly
installments as directed by the Board of Directors, each of which is paid in full in
advance by the due dates specified by the Board of Directors, the first of which due
date shall not be earlier than fifteen (15) days after the written notice of such
Regular Assessment is given to the Owners. Monthly or quarterly installments of
Regular Assessments shall be due and payable automatically on their respective
due dates without any notice from the Board of Directors or the Supplemental
Association, and neither the Board of Directors nor the Supplemental Association
shall be responsible for providing any notice or statements to Owners for the same.
If an Owner fails to pay any monthly or quarterly installment of any such Regular
Assessment on or before the due date established by the Board of Directors, a late
fee as established by the Board of Director, which in no event will be less than
$25.00, will be added to the amount due, and any such installment, together with
such late fee, will be and remain, immediately due and payable.
(d) Payment of the Regular Assessment shall be made to the Board of Directors or a
managing agent, as directed by the Board of Directors.
(e) The Regular Assessment for each fiscal year of the Supplemental Association shall
become a lien on each separate Lot as of the first day of each fiscal year of the
Supplemental Association, even though the final determination of the amount of
such Regular Assessment may not have been made by that date.
Section 6.7 Special Assessments. In addition to the Regular Assessment authorized
above, the Supplemental Association may levy, in any assessment year, a Special Assessment
applicable to that year for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of capital improvements, including the fixtures and personal
property related thereto, or for any other specified purpose. 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 under the circumstances described in this Supplemental Declaration. Except in the case of
damage or destruction caused by an Owner or any of his guests, tenants, licensees, agents,
members of his family, or any other Person having or gaining access to the Owner's Lot as
contemplated by Section 4.3(f), any such Special Assessment shall be levied against all of the Lots
which benefit from the construction, reconstruction, repair or replacement of capital improvements
giving rise to the Special Assessment, pro rata according to each Lot's benefit, as reasonably
determined by the Board of Directors, which determination shall be final. In the case of damage
13
or destruction caused by an Owner or any of his guests, tenants, licensees, agents, members of his
family, or any other Person having or gaining access to the Owner's Lot as contemplated by Section
4.3 , the Special Assessment may be levied solely against that Owner. Notwithstanding the fact
that in some instances, this Supplemental Declaration may provide that certain items of routine
and ordinary repair and maintenance should be performed by the Supplemental Association, the
Supplemental Association shall nevertheless retain the right to assess the costs thereof to any
Owner or group of Owners as a Special Assessment. To be effective, any such Special Assessment
shall have the assent of at least two-thirds (2/3) of the votes of the Board of Directors at a meeting
of the Board of Directors duly called for this purpose.
Notwithstanding the above, the Board may not enter into any contract that would result in
a Special Assessment or the increase in the existing Regular Assessment payable by the affected
Owners in the amount of more than Five Hundred Dollars ($500.00) per year for each affected
Owner unless: (1) the Board holds at least two (2) Supplemental Association meetings of the
Owners concerning the contract; and (2) the contract is approved by the affirmative vote of at least
two-thirds (2/3) of the affected Owners. The Board shall give notice of the first such Supplemental
Association meeting to each member of the Supplemental Association at least ten (10) calendar
days before the date the meeting occurs. The provisions in this Section do not apply to a contract
entered into by a Board that would resolve, settle, or otherwise satisfy an act of enforcement against
the Supplemental Association for violating a state or local law.
Section 6.8 Quorum for any Action Authorized Under Sections 5.6 or 5.7. Subsequent to
the Authority Transfer Date, and at the first calling of a meeting under Section 5.6 or Section 5.7
of this Article, the presence at the meeting of Members or proxies entitled to cast sixty percent
(60%) of all the votes with respect to each class of Members shall constitute a quorum. If the
required quorum does not exist at any such meeting, another meeting may be called subject to the
notice requirements set forth in Section 5A and Section 5.7 and subject further to applicable law,
and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
Section 6.9 Workin Ca ital Assessment. In addition to the Regular and Special
Assessments authorized above, the Supplemental Association shall establish and maintain a
working capital fund. At the closing of the initial sale or other transfer of a Lot after the Dwelling
Unit is constructed thereon, to an Owner other than Supplemental Declarant or Builder, the
purchaser of such Lot shall pay to the Supplemental Association a working capital assessment in
an amount equal to one-fourth (1 Ath) of the then current annual Regular Assessment for said Lot
(a "Working Capital Assessment"), which payment shall be non-refundable and shall not be
considered as an advance payment of an assessment or other charge owed to the Supplemental
Association with respect to such Lot. The Working Capital Assessment shall be used as determined
by Supplemental Declarant in its sole and reasonable discretion, if prier to the Authority Transfer
Date, or the Supplemental Association, after the Authority Transfer Date.
Section 6.10 Resale Assessment. In addition to the Regular, Special and Working Capital
Assessments authorized above, upon the sale of a Lot, including the Dwelling Unit thereon, by an
Owner other than Supplemental Declarant or Builder, the transferor / seller shall pay to the
14
Supplemental Association a resale assessment in the amount equal to one-half of one percent
(0.5%) times the gross sales price of the Lot, including the Dwelling Unit thereon (the "Resale
Assessment"), which payment shall be non-refundable and shall not be considered as an advance
payment of an assessment or other charge owed to the Supplemental Association with respect to
such Lot. The Resale Assessment shall be deposited into the Replacement Reserve Fund, as
hereinafter defined.
Section 6.11 Rate of Assessment. The Regular Assessment shall be fixed at a uniform rate
for all Lots, except for Lots owned by either Supplemental Declarant or Builder. Except in the case
of damage or destruction caused by an Owner as contemplated by Section 4.3(fl, and except for
Lots owned by either Supplemental Declarant or Builder, the Special Assessments shall be fixed
at a uniform rate for all Lots which benefit from the construction, reconstruction, repair or
replacement of capital improvements giving rise to the Special Assessment, pro rats according to
each Lot's benefit, as reasonably determined by the Board of Directors, which determination shall
be final. Notwithstanding the foregoing or anything else contained herein, no Regular Assessments
or Special Assessments or other charges shall be owed or payable by Supplemental Declarant or
Builder with respect to any Lot or other portion of the Property owned by Supplemental Declarant
or Builder while the same is owned by Supplemental Declarant or Builder, nor shall any such
assessments or charges become a lien on any such Lot or other portion of the Property owned by
Supplemental Declarant or Builder.
Section 6.12 Notice of Assessment and Certificate. Written notice of the Regular
Assessments and any Special Assessments shall be sent to every Member. The due dates for
payment of the Regular Assessments and any Special Assessments shall be established by the
Board of Directors. The Supplemental Association shall, upon written demand by a Member at
any time, furnish a certificate in writing signed by an officer or authorized agent of the
Supplemental Association setting forth whether the assessments on their respective Lot have been.
paid and the amounts of any outstanding assessments. A reasonable charge may be made by the
Board of Directors for the issuance of these certificates, which charge shall be paid to the Board
of Directors in advance by the requesting Member. Such certificates shall be conclusive evidence
of payment of any assessment therein stated to have been paid.
Section 6.13 Remedies of the SuppIemental Association in the Event of Default. Each
Owner shall be personally liable for the payment of all Regular Assessments and Special
Assessments against his Lot. Where the Owner constitutes or consists of more than one Person,
the liability of such Persons shall be joint and several. if any assessment pursuant to this
Supplemental Declaration is not paid within thirty (30) days after its initial due date, the assessment
shall bear interest from the date of delinquency at the rate charged by the Internal Revenue Service
on delinquent taxes. In addition, in its discretion, the Board of Directors may:
(a) impose the late fee set forth in Section 5.6 c , above;
(b) file a lien against the Lot of the defaulting Owner pursuant to Article 32.28.14 of
the Indiana Code, as the same may be modified from time to time;
15
(c) bring an action at law against the Owner personally obligated to pay the same
and/or foreclose the lien against the Lot, and interest, costs and reasonable
attorneys' fees of any such action shall be added to the amount of such assessment.
A suit to recover a money judgment for nonpayment of any assessment levied
pursuant to this Supplemental Declaration, or any installment thereof, may be
maintained without perfecting, foreclosing or waiving the lien provided for herein
to secure the same;
(d) suspend a Member's right to hold an office within the Supplemental Association,
and right to use nonessential services offered by the Supplemental Association,
provided that access and the provision of utilities to the Lot through the Common
Area shall not be precluded. A Member whose rights have been suspended in this
manner, shall have no right to any refund or suspension of his obligations to pay
such assessments or any other assessments becoming due for the duration of such
suspension or otherwise;
(e) accelerate the due date of the unpaid assessment so that the entire balance shall
become immediately due, payable and collectible; and
(f) suspend a Member's voting rights if the Owner is more than six (6) months
delinquent in the payment of any assessment.
No Owner may waive or otherwise escape liability for the assessments provided for herein
by non-use of the common areas or facilities in Ambleside, abandonment of its Lot, or the failure
of the Supplemental Association or the Board of Directors to perform their respective duties.
In any action to foreclose the lien against a Lot pursuant to Section 5.120c� above, the Owner
and any occupant of the Lot and Dwelling Unit which are the subject of such action shall be jointly
and severally liable for the payment to the Supplemental Association of reasonable rental for such
Lot and Dwelling Unit, and the Board of Directors shall be entitled to the appointment of a receiver
for the purpose of preserving the Lot and Dwelling Unit and to collect the rentals and other profits
therefrom for the benefit of the Supplemental Association to be applied to the unpaid Regular
Assessments or Special Assessments. The Board of Directors may, at its option, bring a suit to
recover a money judgment for any unpaid Regular Assessment or Special Assessment without
foreclosing (and without thereby being deemed to have waived) the lien securing the same. In any
action to recover any Regular Assessment or Special Assessment, or any other debts, dues or
charges owed the Supplemental Association, whether by foreclosure or otherwise, the Board of
Directors, for and on behalf of the Supplemental Association, shall be entitled to recover from the
Owner of the respective Lot and Dwelling Unit all of the costs and expenses incurred as a result
of such action (including, but not limited to, reasonable attorneys' fees) and interest upon all
amounts due at the rate of twelve percent (12%) per annum, which shall accrue from the date such
assessments or other amounts become first due, until the same are paid in full.
Section 6.14 Subordination of the Lien to Mortgages. The lien for the Assessments
provided for herein shall be subordinate to the lien of any properly recorded first mortgage
encumbering a Lot. Notwithstanding anything contained in this Sectioii 5.I4 or elsewhere in this
16
Supplemental Declaration, any sale or transfer of a Lot to a Mortgagee pursuant to a foreclosure
of its mortgage or a conveyance in lieu thereof, or a conveyance to any person at a public sale in
the manner provided by law with respect to mortgage foreclosures, shall extinguish the lien of any
unpaid Assessments (or periodic installments, if applicable) which became due prior to such sale,
transfer or conveyance, but the extinguishment of such lien shall not relieve the prior Owner from
personal liability therefor. No such sale, transfer or conveyance shall relieve the Lot, or the
purchaser thereof at such foreclosure sale, or the grantee in the event of conveyance in lieu thereof,
from liability for any Assessments (or periodic installments of such Assessments, if applicable)
thereafter becoming due or from the lien for such Assessments.".
Section 6.15 Exem t Property. The following portions of the Property shall be exempt
from the Assessments created by this Supplemental Declaration: (a) those portions of the Property
that are dedicated to and accepted by a local public authority; and (b) the Common Area. Except
as otherwise provided in Section 5.10 and Section 5.17 hereof, no developed Lot devoted to
dwelling use shall be exempt from said assessments.
Section 6.16 Replacement Reserve Fund. The Supplemental Association shall establish
and maintain a reserve fund ("Replacement Reserve Fund") for the maintenance, repair and
replacement of the Dwelling Units, as provided in this Supplemental Declaration, by the allocation
and payment to such reserve fund of an amount to be designated from time to time by the Board
of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors,
to accommodate such future maintenance, repair and replacement and which shall be a component
of the Regular Assessment. The Replacement Reserve Fund (i) shall be conclusively deemed to be
a Common Expense of the Supplemental Association, (ii) shall be maintained by the Supplemental
Association in a separate, interest bearing account or accounts with any banking institution, the
accounts of which are insured by any state or by any agency of the United States of America as
selected by the Board of Directors, and (iii) may be expended only for the purpose of effecting
maintenance and repairs to Dwelling Units as set forth in this Supplemental Declaration. The
Supplemental Association may establish such other reserves for such other purposes as the Board
of Directors may from time to time consider necessary or appropriate. The proportional interest of
any Member in any such reserves shall be considered an appurtenance of the Member's Lot and
shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to
which it appertains and shall be deemed to be transferred with such Lot.
Section 6.17 Books and Records. The Supplemental Association shall provide Owners
with financial information regarding the operation of the Supplemental Association as and to the
extent required under the HOA Act.
Section 6.18 Supplemental Declarant and guilder Exemption. Notwithstanding anything
in this Supplemental Declaration to the contrary, under no circumstances shall Supplemental
Declarant or Builder be required or obligated to pay any Assessments, whether Regular
Assessments, Special Assessments, or Working Capital Assessments, or otherwise.
17
ARTICLE VII
USE RESTRICTIONS AND ARCHITECTURAL CONTROLS
Section 7.1 Relation to Declaration. All Lots are subject to the covenants, conditions and
restrictions stated in the Declaration, as may be amended from time to time. In addition, the
Owners of all Lots shall comply with the use Restrictions and Architectural Controls stated in this
Article VII and elsewhere in this Supplemental Declaration. In the event of a conflict between the
terms of the Declaration and the terms of this Supplemental Declaration, the more restrictive terns
shall control.
Section 7.2 Residential Use. The Property shall be used exclusively for residential
purposes except as permitted under Section 7.28 hereof. Supplemental Declarant reserves the right,
pursuant to a recorded subdivision or re -subdivision plat, to alter, amend, and change any Lot line
or subdivision plan or plat. No structure shall be erected, altered, placed or permitted to remain on
any Lot other than one (1) Dwelling Unit and appurtenant structures, approved by the
Supplemental Association and appropriate Local Governing Authorities, for use solely by the
occupant(s) of the Dwelling Unit.
Section 7.3 Architectural Review Board ARproval. No Structure shall be erected, placed,
painted, altered or externally modified or improved on any Lot unless and until (i) the plans and
specifications, including design, elevation, material, shape, height, color and texture, and a site
plan showing the location of all improvements with grading modifications, shall have been filed
with and approved in writing in all respects by the Architectural Review Board (as defined in
Article VIII below) and, if required, by appropriate Local Governing Authorities; and (ii) all
construction permits have been obtained, if applicable or required. In addition, no item of personal
property, without regard to whether such item is fixed or attached or moveable, shall be erected or
placed forward of the front foundation line of any Dwelling Unit unless approved in writing by the
Architectural Review Board (as defined in Article VIII . Further, notwithstanding any approval
given herein, the Architectural Review Board may revolve its approval as to any item of personal
property which is not fixed or attached at any time and for any or no reason, and an. Owner shall
immediately remove any item of personal property which is not fixed or attached, which is placed
forward of the front foundation line of any Dwelling Unit upon request of the Architectural Review
Board, without regard to whether the Architectural Review Board may have previously given its
approval for such item of personal property. Section 7.36 of this Supplemental Declaration sets
forth certain restrictions regarding alterations to Dwelling Units, and nothing in this Section 7.3 or
any other provision of this Supplemental Declaration may be construed so as to give the
Architectural Review Board the power to grant variances or otherwise waive the restrictions set
forth in Section 7.36, below.
Section 7.4 Lain No clotheslines may be erected on any Lot, and no clothing, sheets,
blankets, rugs, laundry or wash shall be hung out, exposed, aired or dried on any portion of the
Property within public view.
Section 7.5 Si t Lines. No fence, wall, tree, hedge or shrub shall be maintained in such
a manner as to obstruct sight lines for vehicular traffic.
18
Section 7.6 Lot Maintenance. Each Owner shall, at all times, maintain its Lot and
Dwelling Unit and all appurtenances thereto free of debris or rubbish and in a state of neat
appearance from all exterior vantage points.
Section 7.7 Additions to Lan dsca a Im rovements. No tree, shrub, or other vegetation or
landscape improvement originally installed by Supplemental Declarant or Builder shall be
removed or altered unless such item is dead or decayed and dangerous to human health, safety, or
welfare, and the removal has been approved in writing in advance by the Architectural Review
Board, or removal is ordered by a Local Governing Authority or by the Architectural Review
Board to maintain proper sightlines. No approval for removal of any trees or shrubs shall be
granted by the Architectural Review Board unless appropriate provisions are made for replacing
the removed trees or shrubs. Each Owner is permitted to add to the landscape of his Lot certain
landscaping features within approved flowerbeds; however, prior to adding any such landscape,
the Owner of such Lot must submit a written landscape plan to the Architectural Review Board
for its review and obtain the written approval of such Architectural Review Board.
Section 7.8 Nuisance. No noxious or offensive activity shall be carried on or permitted to
be carried on upon the Property, nor shall anything be done or placed thereon which is or may
become an annoyance or nuisance to Ambleside. Nothing shall be done or kept or permitted to be
done or kept by an Owner in any Dwelling Unit, or on any Lot, or on any of the Common Areas,
which will cause an increase in the rate of insurance paid by the Supplemental Association or any
other Owner. No Owner shall permit anything to be done or kept in his Dwelling Unit or on his
Lot which will result in a cancellation of insurance on any part of the Common Area or any other
Owner, or which would be a violation of any law or ordinance or the requirements of any insurance
underwriting or rating bureau. No Dwelling Unit or Lot shall be used in any unlawful manner or
in any manner which might cause injury to the reputation of Ambleside or which might be a
nuisance, annoyance, or inconvenience, or which might cause damage, to other Owners and
occupants of Dwelling Units or neighboring property, including, without limiting the generality of
the foregoing, noise by the use of any musical instrument, radio, television, loud speakers,
electrical equipment, amplifiers or other equipment or machinery. No exterior lighting on a Lot
shall be directed outside the boundaries of the Lot. No outside toilets shall be permitted on any Lot
(except during a period of construction and then only upon obtaining prior written consent of the
Architectural Review Board), and no sanitary waste or other wastes shall be permitted to be
exposed.
Section 7.9 SiMs. Permitted signs shall include only those professionally
constructed signs which advertise a home on a Lot for sale by a licensed and registered real estate
broker/company, and which are non -illuminated and less than or equal to six (6) square feet in size
("Permitted Signs"). With the exception of Permitted Signs, all signs including, but not limited to
those advertising a garage sale or a Lot "For Lease", must be approved by the Architectural Review
Board before being placed upon any Lot or Common Area, or displayed from a Dwelling Unit.
No more than one sign (including a Permitted Sign) may be displayed on a Lot or from a Dwelling
Unit at any one time. In addition, no more than one sign (including a Permitted Sign) may be
displayed in Ambleside by an entity owning multiple Lots. All Permitted Signs advertising a Lot
for sale shall be removed within three (3) business days from the date of the conveyance of the Lot
19
or the execution of the lease agreement, as applicable. Signs advertising a Lot for "Rent to Own",
or something similar, are expressly prohibited and may not be placed on any Lot or displayed from
a Dwelling Unit constructed thereon. The Supplemental Declarant and Builder are expressly
exempt from the requirements of this Section 7.9 and may post any signs in Common Areas and
Lots owned by either Supplemental Declarant or Builder, as it deems necessary or appropriate.
Section 7.10 Animals. No domesticated or wild animal shall be kept or maintained on
any Lot, except that no more than three (3) common household pets such as dogs and cats may be
kept or maintained, provided that they are not kept, bred or maintained for commercial purposes
and do not create a nuisance or annoyance to surrounding Lots or Ambleside and are kept in
compliance with applicable laws and ordinances of the Local Governing Authority. Any vicious
animals and dogs that bark excessively shall constitute a nuisance for purposes of these
Restrictions. Pets will not be permitted outside of a Dwelling Unit unless on a leash or contained
within an underground electric fence, as provided in Section 7.1 S, and any Owner walking a pet
within Ambleside or on any Common Area will immediately clean up any solid animal waste and
properly dispose of the same. Failure to remove any solid animal waste shall subject the Owner to
a fine the minimum of which shall be $50.00 per occurrence as determined by the Board of
Directors but in no event less than the cost of removal and any remediation. Law enforcement and
animal control personnel shall have the right to enter the Property to enforce local animal control
ordinances. No dog houses shall be permitted on any Lot. Household pets permitted by this
Section 7.10 may not be placed in a dog run or other comparable facility on a Lot and no dog may
be permitted outside without supervision by an adult for any consecutive period of time in excess
of an hour.
Section 7.11 Trash Storm. Trash shall be collected and stored in sealed trash receptacles
only and not solely in plastic garbage bags. Trash and garbage receptacles shall not be permitted
to remain in public view and shall remain inside of each Owner's garage except on days of trash
collection, and except for those receptacles designed for trash accumulation located in the
Common Area. No accumulation or storage of litter, new or used building materials, or trash of
any kind shall be permitted on the exterior of any Dwelling Unit. No rubbish, garbage or other
waste shall be allowed to accumulate on any Lot or Common Area. No homeowner or occupant
of a Lot shall burn or bury any garbage or refuse on any Lot or Common Area.
Section 7.12 Antennae Systems. To the extent not inconsistent with federal and state law,
exterior television and other antennae, including satellite dishes, are prohibited, unless approved
in writing by the Architectural Review Board, and any submission for such approval shall
otherwise comply with the requirements of the procedures for approval by the Architectural
Review Board. The Architectural Review Board shall adopt rules for the installation of such
antennae and/or satellite systems, which rules shall require that antennae and satellite dishes be
placed as inconspicuously as possible and only when fully screened from public view on the rear
and above the eave line of any Dwelling Unit. To the extent not inconsistent with federal law,
satellite dishes will not exceed eighteen (18) inches in diameter. It is the intent of this provision
that the Architectural Review Board shall be able to strictly regulate exterior antennae and satellite
dishes to the fullest extent of the law and should any regulations adopted herein or by the
Architectural Review Board conflict with federal law, such riles as do not conflict with federal
law shall remain in full force and effect.
P
Section 7.13 Painting and Extcrior Design. No Owner shall cause or permit any
alterations or changes of the exterior design and/or color scheme of any Dwelling Unit, Structure
or building including, but not limited to, the exterior paint color scheme and roof shingle color
scheme and materials. No person shall paint the exterior of any building, or portion thereof, except
contractors and agents employed by Supplemental Declarant or the Supplemental Association.
Section 7.14 Finished Exteriors. No Structure shall be permitted to stand with its exterior
in an unfinished condition for longer than six (6) months after the commencement of construction.
In the event of fire, windstorm or other damage, the exterior of a Structure shall not be permitted
to remain in a damaged condition for longer than three (3) months, unless expressly excepted by
the Board of Directors in writing. If the Board of Directors determines that any Structure or
Dwelling Unit is not in compliance with the provisions of this Section 6.13, the Supplemental
Association shall send written notice to the Owner of that Structure or Dwelling Unit identifying,
with reasonable specificity, the items in need of repair or maintenance (a "Repair Notice"). If an
Owner fails to comply with the provisions of this Section 6.13 after its receipt of such a Repair
Notice, the Supplemental Association shall be entitled to enforce the provisions of this Section
6.13 in the manner contemplated under Sectimi.l I . l t , below, and in any other manner permitted
hereunder or by applicable law.
Section 7.15 Fences. No fence or similar enclosure shall be erected or built on the Property
except for (a) any fencing constructed by Supplemental Declarant or Builder, and (b) underground
electric fences which are designed to restrict the movement of pets, which are expressly approved.
Section 7.16 Vehicles. No inoperable, junk, unregistered or unlicensed vehicle shall be
kept on the Property. No portion of the Property, including any garage, shall be used for the repair
of a vehicle.
Section 7.17 Commercial Vehicles, Except upon the prior written approval of the
Architectural Review Board, no commercial or industrial vehicle, including, but not limited to,
moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses, shall be
parked overnight or regularly or habitually parked on the Property, nor shall any such vehicle be
located on the Property for longer than twenty-four (24) hours except to the extent in use for
ongoing work to a Dwelling Unit.
Section 7.18 Recreational Vehicles. No recreational vehicles or equipment, including, but
not limited to, boats, boating equipment, jet -skis, wave runners, travel trailers, fuel tanks, camping
vehicles or camping equipment, shall be parked on the Property without the prior, written approval
of the Architectural Review Board, as to location, size, screening and other criteria deemed to be
relevant by the Architectural Review Board. The Supplemental Association shall not be required
to provide a storage area for these vehicles.
Section 7.19 Towing. The Board of Directors shall have the right, but not the obligation,
to tow any vehicle parked or kept in violation of the covenants contained within this Article Vll,
upon twelve (12) hours' written, telephonic or verbal notice and at the vehicle owner's sole expense,
subject to compliance with all applicable laws.
21
Section 7.20 Gara a Usage. In addition to the restriction set forth in Section 7.16, above,
any conversion of any garage that will preclude the parking of vehicles within that garage is
prohibited. Owners shall keep and maintain their garages at all times in a manner that will permit
the usage of such garage for parking of passenger automobiles, vans and/or trucks.
Section 7.21 Initial Construction and Marketin . Supplemental Declarant and Builder
may, during its construction and/or sales period, erect, maintain and operate real estate sales and
construction offices, model homes, displays, sips and special lighting on any part of the Property
and on or in any building or Structure now or hereafter erected thereon and shall not be bound by
the provisions of this Article to the extent application thereof would delay, hinder or increase the
cost of construction and/or marketing of Dwelling Units for sale in Ambleside by Supplemental
Declarant.
Section 7.22 Gard Garage doors shall remain closed except when entering and exiting
or otherwise accessing the garage.
Section 7.23 Storage Facilities. No permanent, temporary or portable storage facilities shall
be permitted on any Lot, except for portable storage facilities that are located wholly within the
Owner's garage area and are removed within twenty-four (24) hours. No portable storage facility
is permitted in any driveway, Common Area, or public right-of-way.
Section 7.24 Awning Except with respect to Lots upon which Supplemental Declarant or
Builder maintain a sales office or model home., or as otherwise approved by the Architectural
Review Board, no metal, wood, fabric, fiberglass or similar type material awnings (including
retractable awnings) or patio covers will be permitted anywhere on the Property.
Section 7.25 Pools and Hot Tubs. No pools shall be permitted on any Lot. Hot tubs will
only be permitted upon the approval of the Architectural Review Board, and in all instances shall
include screening.
Section 7.26 Play Equipment. No children's play equipment such as playhouses,
sandboxes, swing and slide sets, jungle gyms, and trampolines, shall be permitted on any Lot.
Section 7.27 Basketball Goals. No basketball goals, hoops, or backboards shall be
permitted on any Lot.
Section 7.28 Business Use. No garage sale, moving sale, rummage sale or similar activity
and no trade or business may be conducted in or from any Lot, except that an Owner or occupant
resident on a Lot may conduct business activities within a Dwelling Unit so long as: (a) the
existence or operation of the business activity is not apparent or detectable by sight, sound or smell
from outside the Dwelling Unit; (b) no sign or display is erected that would indicate from the
exterior that the Dwelling Unit is being utilized in part for any purpose other than that of a
residence; (c) no commodity is sold upon the premises; (d) no person is employed other than a
member of the immediate family residing in the Dwelling Unit; (e) no manufacture or
assembly operations are conducted; (f) the business activity conforms to all zoning requirements
OX
for the Property; (g) the business activity does not involve persons coming onto the Property who
do not reside in the Property or door-to-door solicitation of residents of the Property; and (h) the
business activity is consistent with the residential character of the Property and does not constitute
a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of
the Property, as may be determined in the sole discretion of the Board of Directors. The terms
"business" and "trade", as used in this provision, shall be construed to have their ordinary,
generally accepted meanings, and shall include, without limitation, any occupation, work or
activity undertaken on an ongoing basis which involves the provision of goods or services to
persons other than the provider's family and for which the provider receives a fee, compensation,
or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-
time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor.
Notwithstanding the above, (i) the leasing of a Lot or Dwelling Unit shall not be considered a trade
or business within the meaning of this Section 7.28, and (ii) no Dwelling Unit may be used for the
operation of the following businesses or trades, regardless of whether licensed or otherwise: (A) a
daycare or childcare business, (B) a beauty, hair, or nail salon, (C) a spa of any kind, or (D) a retail
business. This Section 7.28 shall not apply to any activity conducted by Supplemental Declarant
or Builder with respect to the sale of the Property or the use of any Dwelling Units which
Supplemental Declarant or Builder own within the Property for such activities.
Section 7.29 LandscapingLandscgping of Common Areas. No Owner shall be allowed to plant trees,
landscape or do any gardening in any of the Common Areas, except with prior, express written
permission from the Board of Directors.
Section 7.30 Supplemental Declarant's and Builder's Use. Notwithstanding anything to
the contrary contained herein or in the Articles or Bylaws, Supplemental Declarant and Builder
shall have, until the Authority Transfer Date, the right to use and maintain any Lots and Dwelling
Units owned by Supplemental Declarant or Builder and other portions of the Property (other than
individual Dwelling Units and Lots owned by Persons other than Supplemental Declarant or
Builder), as Supplemental Declarant or Builder may deem advisable or necessary in its sole
discretion to aid in the sale of Lots and the construction of Dwelling Units, or for the conducting
of any business or activity attendant thereto, or for the construction and maintenance of Common
Areas, including, but not limited to, model Dwelling Units, storage areas, construction yards, signs,
construction offices, sales offices, management offices and business offices. Supplemental
Declarant and Builder 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 Supplemental Declarant
or Builder be or become part of the Common Areas, unless so designated by Supplemental
Declarant, and Supplemental Declarant shall have the right to remove the same from the Property
at any time.
Section 7.31 Non-Mlicability to Supplemental Association. Notwithstanding
anything to the contrary contained herein, the covenants and restrictions set forth in this Article
VII shall not apply to or be binding upon the Supplemental Association in its ownership,
management, administration, operation, maintenance, repair, replacement and upkeep of the
Common Areas to the extent the application thereof could or might hinder, delay or otherwise
adversely affect the Supplemental Association in the performance of its duties, obligations and
responsibilities as to the Common Areas.
MI
Section 7.32 Additional Rules and Regglations. The Supplemental Association shall
have the authority to adopt such rules and regulations regarding this Article VII as it may from
time to time consider necessary or appropriate.
Section 7.33 Personal Pro ert Forward of the Front Foundation Line of a DwellingUnit.
No items of personal property may be permitted forward of the front foundation line of a Dwelling
Unit. Notwithstanding the foregoing, exterior pots for flowers and plants not exceeding 24 inches
in height shall be permitted provided that they are (1) weather resistant, (2) properly maintained,
and (3) harmonious with the exterior colors and architecture of the Dwelling Unit.
Section 7.34 Owner Maintenance, Owner Yard Maintenance and Owner Dama e
Repairs. Each Owner shall be responsible for performing the Owner Maintenance to its Dwelling
Unit at such Owner's sole cost and expense. Notwithstanding the foregoing, to the extent that any
Utility Line Maintenance or Mechanicals Maintenance would also qualify as Shared Party Wall
Maintenance, the provisions of Section 11.3 of this Supplemental Declaration shall control. Each
Owner shall be responsible for performing the Owner Yard Maintenance to its Lot at such Owner's
sole cost and expense (The Supplemental Association shall perform the "Supplemental
Association Yard Maintenance" as defined in Article I above.). Each Owner shall perform all
Owner Maintenance and Owner Yard Maintenance so as to keep its Dwelling Unit and Yard in
good condition and repair. Each Owner shall be responsible for performing Owner Damage
Repairs at such Owner's sole cost and expense. The Supplemental Association shall have the
authority to adopt such standards, rules and regulations regarding Owner Maintenance, Owner
Yard Maintenance, and Owner Damage Repairs as it may from time to time consider necessary or
appropriate, and each Owner shall comply with any standards, rules and regulations so adopted.
If the Board of Directors determines that any Yard or Dwelling Unit is not in compliance with the
provisions of this Article VII, the Supplemental Association shall send written notice to the Owner
of that Dwelling Unit or Yard identifying, with reasonable specificity, the items in need of repair
or maintenance (a "Repair Notice"). If an Owner fails to comply with the provisions of this Section
7.34 after its receipt of such a Repair Notice, the Supplemental Association shall be entitled to
enforce the provisions of this Section 7.34 in the manner contemplated under Section 12.1(k),
below, and in any other manner permitted hereunder or by applicable law
Section 7.35 No Additions or Enclosures. After a Dwelling Unit has been constructed
pursuant to the plans and specifications approved by the Architectural Review Board pursuant to
Section 7.3, above, and otherwise in compliance with the requirements of this Supplemental
Declaration, that Dwelling Unit may not be altered so as to add any additional enclosed space to
that Dwelling Unit by constructing an addition to that Dwelling Unit. An Owner may, however,
enclose a covered patio area upon obtaining the prior approval of the Architectural Review Board
as provided in Section 7.3 hereof.
24
ARTICLE VIII
ARCHITECTURAL REVIEW BOARD
Section 8.1 The Architectural Review Board. As used herein, the term "Architectural
Review Board" will mean and refer to a group of individuals who will administer the duties
described in Section 8.4 below. During the Development Period, the Architectural Review Board
shall consist solely of Supplemental Declarant. Upon the expiration of the Development Period,
the number of members of the Architectural Review Board shall automatically be increased to
equal the number of members on the Board of Directors, and the individuals who are members of
the Board of Directors shall automatically be deemed to be the members of the Architectural
Review Board, without the necessity for further action. The term of membership for each member
of the Architectural Review Board will be coterminous with the term of such individual's
membership on the Board of Directors.
Section 8.2 Removal and Vacancies. After the expiration of the Development Period, a
member of the Architectural Review Board may only be removed in the event such member is
removed from or otherwise ceases to be a member of the Board of Directors. Appointments to fill
vacancies in unexpired terms on the Architectural Review Board shall be made in the same manner
as members are appointed or elected to the Board of Directors.
Section 8.3 Officers. At the first meeting of the Architectural Review Board (after the
expiration of the Development Period) following each annual meeting of Members, the
Architectural Review Board shall elect from among themselves a chairperson, a vice -chairperson
and a secretary who shall perform the usual duties of their respective offices.
Section 8.4 Duties. The Architectural Review Board shall regulate the external design and
appearance of the Property and the external design, appearance and location of the improvements
thereon in such a manner so as to preserve and enhance property values and to maintain
harmonious relationships among Structures and the natural vegetation and topography in
Ambleside Towns. During the Development Period, the Architectural Review Board shall regulate
all initial construction, development and improvements on the Property and all modifications and
changes to existing improvements on the Property. In furtherance thereof, the Architectural
Review Board shall:
(a) review and approve or disapprove written applications of Owners for proposed
alterations or additions to Lots;
(b) periodically inspect the Property for compliance with adopted, written architectural
standards and approved plans for alteration;
(c) adopt and publish architectural standards subject to the confirmation of the Board
of Directors;
(d) adopt procedures for the exercise of its duties; and
PAI
(e) maintain complete and accurate records of all actions taken by the Architectural
Review Board.
No request for approval by the Architectural Review Board or any committee thereof will
be reviewed or otherwise considered unless submitted in writing by the Owner requesting such
approval. In addition, prior to making a submission to the Architectural Review Board, an Owner
shall attempt to obtain a written consent or approval of the proposed submission from the Owners
of the Dwelling Units located adjacent the Dwelling Unit that is the subject of such submission
(for purposes of this paragraph, adjacent Dwelling Units shall be those on either side of the subject
Dwelling Unit when viewing it from the street). The Owner shall then include with its submission
to the Architectural Review Board either (i) originals of such consents or approvals, as signed by
the Owners of the adjacent Dwelling Units, (ii) a written statement signed by the applicant stating
the efforts made to obtain such a consent or approval from the Owners of the adjacent Dwelling
Units, or (iii) a combination of items (i) and (ii), if applicable. Any submission that lacks the
foregoing shall be considered incomplete and the Architectural Review Board shall have no
obligation to review such submission. Approval by the Architectural Review Board of a correctly
filed application shall not be deemed to be an approval by Local Governing Authorities nor a
waiver of the Supplemental Association's right to require an applicant to obtain any required
approvals from any such Local Governing Authorities or to otherwise comply with applicable
laws, rules, regulations and local ordinances. No approval by the Architectural Review Board or
any committee thereof shall be effective unless in writing and signed by all of the members of the
Architectural Review Board or the applicable committee whose approval is required hereunder.
Section 8.5 Failure to Act. Failure of the Architectural Review Board, any
committee thereof or the Board of Directors to respond to any request for approval, enforce the
architectural standards contained in this Supplemental Declaration or to notify an Owner of
noncompliance with architectural standards or approved plans for any period of time shall not
constitute a waiver by the Architectural Review Board, any committee thereof or the Board of
Directors of any provision of this Supplemental Declaration requiring such approval hereunder or
otherwise prevent the Architectural Review Board, any committee thereof or the Board of
Directors from enforcing this Supplemental Declaration at any later date. If approval has not been
issued in writing within thirty (30) days after submission of an application to the Board of
Directors, any committee thereof or the Architectural Review Board, then any such request shall
be deemed to be denied.
Section 8.6 Discretion. Supplemental Declarant intends that the members of the
Architectural Review Board, and all committees thereof, exercise discretion in the performance of
their duties, and every Owner by the purchase of a Lot shall be conclusively presumed to have
consented to the exercise of discretion by the members of the Architectural Review Board and
such committees.
Section 8.7 Enforcement. Any exterior addition, change or alteration made without a
written application to, and prior written approval of, the Architectural Review Board, shall be
deemed to be in violation of this Supplemental Declaration and the Board of Directors shall have
the right to require such exterior to be immediately restored to its original condition at the
offending Owner's sole cost and expense.
NT
Section 8.8 Anaeal. Any aggrieved party may appeal a decision of the Architectural
Review Board to the Board of Directors by giving written notice of such appeal to the
Supplemental Association or any member of the Board of Directors within twenty (20) days of the
adverse ruling.
Section 8.9 Liability of the Architectural Review Board Su lemental Declarant and
Supplemental Association. Neither the Architectural Review Board, nor any committee nor any
agent thereof, nor Supplemental Declarant, nor the Supplemental Association, shall be liable in
any way for any costs, fees, damages, delays, or any charges or liability whatsoever relating to the
approval or disapproval of any plans submitted to it, nor shall the Architectural Review Board nor
any committee thereof, nor any agent thereof, nor Supplemental Declarant, nor the Supplemental
Association, be responsible in any way for any defects in any plans, specifications or other
materials submitted to any of them, or for any defects in any work done according thereto. Further,
the Architectural Review Board, its committees, Supplemental Declarant, and the Supplemental
Association make no representations or warranties as to the suitability or advisability of the design,
engineering, method of construction involved, or materials to be used. Each Owner should seek
professional construction advice, engineering, and inspections with respect to such Owner's Lot,
at such Owner's sole cost and expense, prior to proposing plans for approval by the Architectural
Review Board, its committees or the Board of Directors.
Section 8.10 Inspection, The Architectural Review Board and Supplemental Declarant
may, but shall not be obligated to, inspect work being performed on a Lot or Dwelling Unit to
assure compliance with the Restrictions, the restrictions containers in any plat of the Property and
applicable regulations. However, neither the Architectural Review Board, nor any committee nor
member thereof, nor Supplemental Declarant, nor any agent or contractor employed or engaged
by any of the foregoing, shall be liable or responsible for defects or deficiencies in any work
inspected or approved by any of them, or on behalf of any of them. Further, no such inspection
performed or approval given by or on behalf of the Architectural Review Board, any committee
thereof or Supplemental Declarant shall constitute a warranty or guaranty of the work so inspected
or approved.
Section 8.11 Supplemental Declarant Exemption. Notwithstanding anything in this
Supplemental Declaration to the contrary, under no circumstances shall the Supplemental
Declarant be required or obligated to obtain the consent of the Architectural Review Board,
whether required under Article VI or this Article VII.
ARTICLE IX
EASEMENTS
Section 9.1 General Easement Rights. Supplemental Declarant hereby grants a non-
exclusive blanket easement over, across, through and under the Property to the Supplemental
Association, its directors, officers, agents and employees, to any manager employed by or on
behalf of the Supplemental Association, and to all police, fire, ambulance and all other emergency
personnel and government, to enter upon the Property, in the exercise of the functions provided
27
for by this Supplemental Declaration, Articles, Bylaws and rules and regulations of the
Supplemental Association, and in the event of emergencies or in the performance of governmental
functions. Supplemental Declarant further grants a non-exclusive blanket easement over, across,
through and under the Property to utility service providers for ingress, egress, installation,
replacement, repair and maintenance of underground utility and service lines and systems,
including, but not limited to, water, sewer, gas, telephones, electricity, television, cable or
communication lines and systems. By virtue of this easement it shall be expressly permissible for
Supplemental Declarant or the utility service provider to install, maintain and repair facilities and
equipment on the Property if such utility service provider promptly restores the disturbed area, if
any, as nearly as is practicable to the condition in which it was found, provided, however, that no
sewcrs, electrical lines, water lines, or other utility service lines or facilities for such utilities may
be installed or relocated except as proposed and approved in advance and in writing by
Supplemental Declarant or, after the Authority Transfer Date, the Supplemental Association.
Should any utility providing a service to the Property request a specific easement by separate
recordable document, Supplemental Declarant or the Supplemental Association shall have the
right to grant such easement with respect to the Property without conflicting with the terms hereof.
This blanket easement shall in no way affect any other recorded easements on the Property, shall
be limited to improvements as originally constructed, and shall not cover any portion of a Lot upon
which a Dwelling Unit has been constructed.
Section 9.2 Limitation on General Easement Riphts. The rights accompanying the
easements provided for in Section 9.1 of this Article IX shall, except in the event of an emergency,
be exercised only during reasonable daylight hours and then, whenever practicable, only after
advance notice to any Owner or tenant directly affected.
Section 9.3 flat Easements. In addition to such easements as are or may hereafter be
created elsewhere in this Supplemental Declaration and as may have been or may hereafter be
created by Supplemental Declarant pursuant to written instruments recorded in the Recorder's
Office, all Lots are or shall be subject to drainage easements, sewer easements, other utility
easements and Common Area access easements, which easements may be granted by
Supplemental Declarant (prior to the Authority Transfer Date) or the Supplemental Association
(from and after the Authority Transfer Date), as applicable, which grants may be made separately
or in any combination thereof and which grants shall benefit Supplemental Declarant, Builder,
Owners, the Supplemental Association, the Architectural Review Board and any committee
thereof, and public utility companies or governmental agencies, as follows:
(a) Drainage Easements (designated as "D.E." on the Plat) (each, a "Drainage
Easement") are hereby granted for the mutual use and benefit of Supplemental
Declarant, Builder and the Owners and are intended to provide paths and courses
for area and local storm drainage, either overland or in adequate underground
conduit, to serve the needs of Lancaster Towns and adjoining ground and/or public
drainage systems. Under no circumstance shall said easements be blocked in any
manner by the construction or reconstruction of any improvement, nor shall any
grading restrict, in any manner, the water flow. The drainage easements and
facilities are subject to construction or reconstruction to any extent necessary to
obtain adequate drainage at any time by any governmental authority having
28
jurisdiction over drainage, or by Supplemental Declarant, the Supplemental
Association or the Architectural Review Board; provided, however, that
Supplemental Declarant, the Supplemental Association and the Architectural
Review Board shall have no duty to undertake any such construction or
reconstruction. The Owner of each Lot, by acceptance of a deed thereto, consents
to the temporary storage (detention) of storm water within the Drainage Easement
on such Owner's Lot.
(b) Sewer Easements (designated as "S.E." on the Plat) may be granted for the use and
benefit of the local governmental agency or public utility company having
jurisdiction over any storm and sanitary waste disposal system designed to serve
Lancaster Towns, for the purpose of installation and maintenance of sewers that are
a part of said system.
(c) Utility Easements (designated as "U.E." on the Plat) may be granted for the benefit
of Supplemental Declarant, Builder, the Supplemental Association and all public
or municipal utility companies, not including transportation companies, for the
installation, maintenance and repair of mains, ducts, poles, lines and wires, and
other facilities related to the specific utility.
(d) Landscape Maintenance Access Easements — There may be strips of ground, as may
be designated on a Plat of all or any part of the Property, marked Landscape
Maintenance Access Easement ( "L.M.A.E."), which are hereby created over and
across Lots as areas for installation and maintenance of landscaping, earth mounds,
screening material, fencing, walls, neighborhood and community identification
signs, directories, lighting, irrigation systems, walking paths and other
improvements, and for ingress and egress thereby by the Supplemental Declarant
and the Supplemental Association, and/or their assigns. The Owner of any Lot
which is subject to the L.M.A.E. shall be required to keep the portion of his Lot
which is subject to such easement free from obstructions so that access will not be
unimpeded.
All easements described in this Section 8.3 shall include the right of ingress and egress for
the exercise of the respective rights granted. No structure, including fences, or any trees or shrubs
shall be installed within any drainage, sewer or utility easement if such structure would (i)
materially interfere with the utilization of such easement for the purpose intended, (ii) violate any
applicable legal requirement, or (iii) violate the terms and conditions of any easement specifically
granted to a Person who is not an Owner by an instrument recorded in the Recorder's Office.
Notwithstanding the foregoing, Supplemental Declarant may install structures, trees or shrubs in
violation of the foregoing restrictions and paved drives necessary to provide access to a Lot from
a public street and sidewalks installed by or at the direction of Supplemental Declarant (and
replacements thereof) shall not be deemed to be a "structure" for the purpose of the foregoing
restriction.
Section 9.4 Encroachments. If any improvement on a Lot or the Common Area now or
hereafter encroaches on any other Lot or Common Area, by reason of (a) the original construction
We
thereof by Supplemental Declarant or Builder, which shall include, but not be limited to, any Party
Wall or drive which encroaches over a Lot's boundary line and any drainage of stormwater from
roofs and gutters, (b) deviations within normal construction tolerances in the maintenance, repair,
replacement or reconstruction of any improvement, or (c) the settling or shifting of any land or
improvement, an easement is hereby granted over the encroached -upon portion of such Lot or
Common Area in favor of the Owner of the encroaching improvements, solely to the extent of
such encroachment and solely for the period of time the encroachment exists (including
replacements thereof), for the limited purposes of use, repair, replacement and maintenance of the
encroaching improvement
Section 9.5 Ingress/Egress Easement. Supplemental Declarant, its agents and employees,
shall have a right of ingress and egress over the Common Area, and any roadways and drives
within Lancaster Towns as required for construction of improvements and development of the
Property, and otherwise as Supplemental Declarant deems to be necessary or for access to or
ingress and egress to and from any Dwelling Unit.
Section 9.6 Reservation of Right to Grant Future Easement. Supplemental Declarant
reserves the right to (a) grant non-exclusive easements over any Lot or Common Area for the
purposes of installing, repairing and/or maintaining utility lines of any sort, including, but not
limited to, storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables,
water lines, telephone lines, telecommunication lines and cables, and the like, and (ii) obtaining
the release of any bonds posted with a municipality, governmental agency or regulatory agency,
(b) grant non-exclusive easements over the Common Area to any municipal agency or private
entity for any other purpose consistent with the "open space" designation thereof, and (c) in its
sole discretion, grant licenses and non-exclusive easements over, under, across or through the
Property in favor of owners of adjoining real property, and their tenants, successors and assigns,
for purposes of providing access and utilities benefiting such adjoining real property.
Section 9.7 Bonds and/or Dedication R uirements. Supplemental Declarant reserves
the right to grant and reserve easements or to vacate or terminate easements across all Lots or
Common Area as may be required by any governmental agency or authority or utility in connection
with the release of improvement bonds or the dedication of public streets for maintenance by
governmental agencies.
Section 9.8 Easements for Corrective Work. Supplemental Declarant reserves a
non-exclusive easement over, across, under, through and above all Lots and the Common Area for
the purposes of correcting drainage, maintenance, landscaping, mowing and erecting street
intersection signs, directional signs, temporary promotional signs, entrance features, lights and
wail features, if any, and for the purpose of executing any of the powers, rights, or duties granted
to or imposed upon the Supplemental Association in this Supplemental Declaration.
Section 9,9 Easement for Exterior Maintenance. The Supplemental Association, its
agents and employees, are hereby granted a right of ingress and egress over the Lots to the extent
necessary or desirable to perform any Exterior Maintenance. Any Owner who has a dog present
at its Lot shall provide the Supplemental Association with current information regarding telephone
numbers of one or more individuals who can control that dog so that the Supplemental Association
E
may conveniently schedule Exterior Maintenance without interference from any dog at the Lot.
In addition, each Owner shall reasonably cooperate with the Supplemental Association so as to
allow the Supplemental Association, its agents and employees, to complete any Exterior
Maintenance, including, without limitation, providing access to the interior of any Dwelling Unit
to the extent reasonably necessary for the completion of the Exterior Maintenance.
ARTICLE X
PARKING
No Owner, tenant, or any other Person shall park any type of vehicle in any Common Area.
Temporary parking on or within any public right-of-way within the Property is prohibited except
to the extent expressly permitted by Local Governing Authorities, and shall be subject to any
restrictions or limitations relating thereto. The Board of Directors may promulgate such additional
rules and regulations as it deems appropriate to regulate the use of any Common Areas for parking
purposes, which rules and regulations may include the towing of any vehicles parked in violation
of this Supplemental Declaration, with no notice of towing required and at the vehicle owner's sole
expense.
ARTICLE XI
PARTY WALLS
Section 11.1 General Rules of Law Annly. Each wall built as part of the original
construction of a Dwelling Unit and situated upon the dividing line between two Lots shall
constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Article XI,
the general rules of law regarding Party Walls and liability of Owners for property damage due to
negligence or willful acts or omissions in connection with Party Walls shall apply thereto.
Section 11.2 Use,• Other Changes. Either Owner shall have the right to use the side of the
Party Wall facing the Owner's Dwelling Unit in any lawful manner, including attaching structural
or finishing materials to it; however, in addition to meeting the other requirements of these
Restrictions and of any building code or similar regulations or ordinances, any Owner proposing
to modify the interior of its Dwelling Unit, make additions to or rebuild its Dwelling Unit in any
manner which involves the alteration of any Party Wall shall first obtain the written consent of the
adjoining Owner, whose consent shall not be unreasonably withheld, conditioned or delayed. If
the adjoining Owner has not responded in writing to the requesting Owner within twenty-one (21)
days of its receipt of any such written request, given by registered or certified mail, return receipt
requested, such consent of the adjoining Owner shall be deemed to have been given.
Section 1 l .3 Shared Party Wall Maintenance. Each Dwelling Unit is connected to
another Dwelling Unit by way of a Party Wall. The Owners of each Dwelling Unit shall pay an
equal share of all Shared Party Wall Maintenance attributable to the Party Wall that connects
their individual Dwelling Unit. The decision to perform specific work included within Shared
Party Wall Maintenance shall be made by the individual Owners of the Dwelling Units so
31
affected, including the selection of the contractors or other vendors and the method for the
payment of the resulting costs.
ARTICLE XII
POWERS AND DUTIES OF THE SUPPLEMENTAL ASSOCIATION
Section 12.1 Discretionn Powers and Duties. The Supplemental Association shall
have the following powers and duties which may be exercised in its discretion:
(a) to enforce any covenants or restrictions which are imposed by the terms of this
Supplemental Declaration or which may be imposed on any part of the Property.
Nothing contained herein shall be deemed to prevent the Owner of any Lot from
enforcing any building restriction in its own name. The foregoing rights of
enforcement shall not prevent (i) changes, releases or modifications of the
restrictions or reservations placed upon any part of the Property by any party having
the right to make such changes, releases or modifications in the deeds, contracts,
declarations or plats in which such restrictions and reservations are set forth; or (ii)
the assignment of the foregoing rights by the proper parties wherever and whenever
such rights of assignment exist. Neither the Supplemental Association nor the
Board of Directors shall have a duty to enforce the covenants by an action at law or
in equity if either party believes such enforcement is not in the Supplemental
Association's best interest. The expenses and costs of any enforcement proceedings
shall be paid out of the general fund of the Supplemental Association; provided,
however, that the foregoing authorization to use the general fund for such
enforcement proceedings shall not preclude the Supplemental Association from
collecting such costs from the offending Owner;
(b) to use the Common Area and any improvements or facilities erected thereon,
subject to the general rules and regulations established and prescribed by the
Declaration;
(c) to exercise all rights, responsibilities and control over all easements which the
Supplemental Association may from time to time acquire, including, but not limited
to, those easements specifically reserved to the Supplemental Association in Article
IX above;
(d) to create, grant and convey easements and licenses upon, across, over and under the
Property, including but not limited to easements for the installation, replacement,
repair and maintenance of utility lines serving the Property;
(e) subject to the limitations set forth in Section 12.3 hereof, to employ counsel and
institute and prosecute such suits as the Supplemental Association may deem
necessary or advisable, and to defend suits brought against the Supplemental
Association;
32
(f) to retain, as an independent contractor or employee, a manager of the Supplemental
Association and such other employees or independent contractors as the Board of
Directors deems necessary, and to prescribe the duties of employees and scope of
services of independent contractors;
(g) to enter upon any Lot to perform emergency repairs or to do other work reasonably
necessary for the proper maintenance or protection of the Property;
(h) to enter (or have the Supplemental Association's agents or employees or contractors
enter) upon any Lot to repair, maintain or restore the Lot or perform such other acts
as may be reasonably necessary to make such Lot and improvements situated
thereon, if any, conform to the requirements of these Restrictions, if such is not
performed by the Owner of the Lot, and to assess the Owner of the Lot the costs
thereof, such assessment to be a lien upon the Lot equal in priority to the lien
provided for in Article VI herein; provided, however, that the Board of Directors
shall only exercise this right after giving the Owner written notice of its intent at
least fourteen (14) days prior to such entry. Neither the Supplemental Association
nor any of its agents, employees, or contractors shall be liable for any damage,
which may result from any maintenance work performed hereunder;
(i) to remove a member of the Board of Directors and declare such member's office to
be vacant in the event such member shall be absent from three (3) consecutive
regular meetings of the Board of Directors;
(j) to exercise all rights granted to the Supplemental Association as set forth in other
provisions of this Supplemental Declaration; and
(k) to enter into contracts on behalf of the Supplemental Association, subject to the
limitations and requirements contained within the HOA Act.
Section 12.2 Mandatory Powers and Duties. The Supplemental Association shall
exercise the following powers, rights and duties:
(a) after the termination of the Class B membership, to obtain and maintain without
interruption liability coverage for any claim against a director or officer for the
exercise of its duties and fidelity coverage against dishonest acts on the part of
directors, officers, trustees, managers, employees or agents responsible for
handling funds collected and held for the benefit of the Supplemental Association.
The fidelity bond shall cover the maximum funds that will be in the custody of the
Supplemental Association or its management agent at any time while the bond is in
place. The fidelity bond coverage shall be in an amount as may be determined to
be reasonably prudent by the Board of Directors;
(b) to obtain and maintain without interruption a comprehensive coverage of public
liability and hazard insurance covering the Common Area and easements of which
33
the Supplemental Association is a beneficiary, if available at reasonable cost. Such
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 Supplemental Association or other Owners. The scope of coverage shall
include all coverage in kinds and amounts commonly obtained with regard to
projects similar in construction, location and use as determined by the Board of
Directors. Further, the public liability insurance must provide coverage of at least
$1,000,000.00 for bodily injury, including death, and property damage for any
single occurrence;
(c) to provide for the maintenance of any and all (i) easement areas of which the
Supplemental Association is the beneficiary and for which it has the maintenance
responsibility; and (ii) facilities, including, but not limited to, fences and signs,
authorized by the Supplemental Association and erected on any easements granted
to the Supplemental Association, and (iii) to perform the Exterior Maintenance;
(d) to set and collect Assessments as provided in Article V, above;
(e) to pay all proper bills, taxes, charges and fees on a timely basis;
(f) to maintain its corporate status;
Section 12.3 Limitation on Supplemental Association Action. The Supplemental
Association shall hold a duly authorized, duly noticed special meeting of the Members of the
Supplemental Association prior to commencing or prosecuting any judicial or administrative
proceeding, and no judicial or administrative proceeding shall be commenced or prosecuted by the
Supplemental Association except upon the affirmative vote of at least seventy-five percent (75%)
of the votes cast at said special meeting by Members entitled to vote authorizing the
commencement and prosecution of the proposed action. This Section 12.3 shall not apply to (a)
actions brought by the Supplemental Association to enforce the provisions of this Supplemental
Declaration, the Bylaws, or rules and regulations adopted by the Board of Directors (including,
without limitation, any action to recover Regular Assessments or Special Assessments or other
charges or fees or to foreclose a lien for such items) or (b) counterclaims brought by the
Supplemental Association in connection with proceedings instituted against it. The rights and
powers of the Supplemental Association shall at all times be subject to the requirements of the
HOA Act.
Section 12.4 Board of Directors Authority to Act, Unless otherwise specifically provided
in the Supplemental Association's documents, all rights, powers, easements, obligations and duties
of the Supplemental Association may be performed by the Board of Directors. Notwithstanding
anything to the contrary contained herein, any rules or regulations which are promulgated by the
Board of Directors may be repealed or amended by a majority vote of the Members cast, in person
or by proxy, at a meeting convened for such purpose in accordance with the Bylaws.
34
Section 12.5 Con ensation. No director or officer of the Supplemental Association shall
receive compensation for services as such director or officer except to the extent expressly
authorized by a majority vote of the Class A Members.
Section 12.6 Non -liability of Directors Officers and Board Members. The directors and
officers of the Supplemental Association and members of the Architectural Review Board, and all
committees thereof, shall not be liable to the Owners or any other persons for any error or mistake
of judgment in carrying out their duties and responsibilities as directors or officers of the
Supplemental Association or members of the Architectural Review Board, or any committee
thereof, except for their own individual willful misconduct or gross negligence. It is intended that
the directors and officers of the Supplemental Association and members of the Architectural
Review Board, and all committees thereof, shall have no personal liability with respect to any
contract made by them in good faith on behalf of the Supplemental Association, and the
Supplemental Association shall indemnify and hold harmless each of the directors, officers,
Architectural Review Board members, or committee members against any and all liability to any
person, firm or corporation arising out of contracts made in good faith on behalf of the
Supplemental Association.
Section 12.7 Indemnity of Directors and Officers and Members of the Architectural
Review Board. Except with respect to matters (i) as to which it is adjudged in any civil action,
suit, or proceeding that such person is liable for gross negligence or willful misconduct in the
performance of his or her duties, or (ii) to which it is adjudged in any criminal action, suit or
proceeding that such person had reasonable cause to believe that such person's conduct was
unlawful or that person had no reasonable cause to believe that such person's conduct was lawful,
the Supplemental Association shall indemnify, hold harmless and defend any person, his or her
heirs, assigns and legal representatives (collectively, the "Indemnitee") made or threatened to be
made a party to any action, suit or proceeding, or subject to any claim, by reason of the fact that
he or she is or was a director or officer of the Supplemental Association or member of the Board
of Directors, of the Architectural Review Board, or any committee thereof, from and against (1)
all liability, including, without limitation, the reasonable cost of settlement of, or the amount of
any judgment, fine, or penalty rendered or assessed in any such claim, action, suit, or proceeding;
and (2) all costs and expenses, including attorneys' fees, actually and reasonably incurred by the
Indemnitee in connection with the defense of such claim, action, suit or proceeding, or in
connection with any appeal thereof. In making such findings and notwithstanding the adjudication
in any action, suit or proceeding against an Indemnitee, no director or officer of the Supplemental
Association, or member of the Board of Directors or the Architectural Review Board, or any
committee thereof, shall be considered or deemed to be guilty of or liable for gross negligence or
willful misconduct in the performance of his or her duties where, acting in good faith, such director
or officer of the Supplemental Association, or member of the Architectural Review Board, or any
committee thereof, relied on the books and records of the Supplemental Association or
statements or advice made by or prepared by any managing agent of the Supplemental Association
or any director, officer or member of the Supplemental Association, of any accountant, attorney
or other person, firm or corporation employed by the Supplemental Association to render advice
or service, unless such director, officer or member had actual knowledge of the falsity or
incorrectness thereof; nor shall a director, officer or member be deemed guilty of gross negligence
or willful misconduct by virtue of the fact that he or she failed or neglected to attend a meeting or
35
meetings of the Supplemental Association, the Board of Directors or the Architectural Review
Board, or any committee thereof. The costs and expenses incurred by an Indemnitee in defending
any action, suit or proceeding may be paid by the Supplemental Association in advance of the final
disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the
Indemnitee to repay the amount paid by the Supplemental Association if it shall ultimately be
determined that the Indemnitee is not entitled to indemnification or reimbursement as provided in
this Article XI.
ARTICLE XIII
RIGHTS OF MORTGAGEES
Unless a right is waived by the appropriate Federal Agency, all Mortgagees shall have the
following rights:
Section 13.1 Veterans Administration. To the extent required by the Veteran's
Administration (the "VA"), if any of the Lots are security for a loan guaranteed by the VA and if
there is a Class B Member:
(a) Supplemental Declarant must provide to the VA a copy of all amendments to the
Supplemental Declaration. The Supplemental Association may not make any
Material Amendment or take any Extraordinary Action (as such terms are defined
in Article XII) without the approval of the VA.
(b) Eligible Mortgagees shall have the following rights:
(i) the right to inspect Supplemental Association documents and records on the
same terms as the Members;
notice of any Material Amendment of the Supplemental Association
documents;
(iii) notice of any Extraordinary Action of the Supplemental Association;
(iv) notice of any property loss, condemnation or eminent domain proceeding
affecting the Common Area resulting in a loss greater than ten percent
(10%) of the annual budget or affecting any Lot insured by the
Supplemental Association in which the Eligible Mortgagee has an interest;
(v) notice of any termination, lapse or material modification of an insurance
policy held by the Supplemental Association;
(vi) notice of any default by an Owner of a Lot subject to a mortgage held by
the Eligible Mortgagee in paying assessments or charges to the
36
Supplemental Association which default remains uncured for sixty (60)
consecutive days;
(vii) notice of any proposal to terminate the Supplemental Declaration or
dissolve the Supplemental Association at least thirty (30) days before any
action is taken;
(viii) the right of a majority of the Eligible Mortgagees to demand
professional management; and
(ix) the right of a majority of the Eligible Mortgagees to demand an audit of the
Supplemental Association's financial records.
Section 13.2 Federal Housin Authorit . To the extent required by the Federal Housing
Authority (the "FHA"), if any of the Lots are security for a loan insured by the FHA and if there
is a Class B Member, the following actions will require the prior approval of the FHA:
(a) annexation of additional properties;
(b) mergers, consolidations and dissolution of the Supplemental Association;
(c) mortgaging or conveyance of the Common Area; and
(d) Material Amendment of this Supplemental Declaration.
Section 13.3 Freddie Mac. Assuming that Mortgagees may securitize pools of
mortgages, including mortgages on Lots and/or Dwelling Units in Lancaster Towns, with the
Federal Home Loan Mortgage Corporation (a/k/a "Freddie Mac"), the following requirements
shall apply to all Lots and Dwelling Units in Lancaster Towns:
(a) Unless at least two-thirds (2/3) of the first Mortgagees (based on one vote for each
first mortgage owned) or two-thirds (2/3) of the Class A Members have given their
prior written approval, the Supplemental Association shall not take any of the
following actions:
(i) by act or omission, seek to abandon, partition, subdivide, encumber, sell or
transfer the Common Area. The re -subdivision and/or adjustment of
boundary lines of the Common Area and the granting of easements by the
Supplemental Association shall not require the consent described in
subsection (a) above;
change the method of determining the obligations, assessments, dues, or
other charges that may be levied against an Owner;
(iii) by act or omission, waive or abandon any scheme of regulations or their
enforcement pertaining to the architectural design or the exterior
37
appearance of Dwelling Units and their appurtenances, the exterior
maintenance of Dwelling Units and their appurtenances, the maintenance of
the Common Area, common fences and driveways, and the upkeep of lawns
and plantings in the Property;
(iv) fail to maintain fire and extended coverage insurance on insurable parts of
the Common Area or other property owned by the Supplemental
Association on a current replacement cost basis in an amount not less than
one hundred percent (100%) of the insurable value, based on current
replacement costs, not including land value; or
(v) use hazard insurance proceeds for losses to the Common Area or other
property owned by the Supplemental Association for other than the repair,
replacement or reconstruction of such property.
(b) A Mortgagee shall be given written notification from the Supplemental Association
of any default in the performance of any obligation under this Supplemental
Declaration or related Supplemental Association documents by the Owner of a Lot
that is the security for the indebtedness due the Mortgagee, which default is not
cured within sixty (60) days after the Owner's receipt of notice of the default.
(c) A Mortgagee may, jointly or singly, pay taxes or other charges which are in default
and which may or have become a charge against the Common Area and may pay
overdue premiums on hazard insurance policies or secure new hazard insurance
coverage upon the lapse of a policy for such Common Area. The Mortgagee making
such payments shall be owed immediate reimbursement therefor from the
Supplemental Association.
(d) The assessments imposed by the Supplemental Association shall include an
adequate reserve fund for maintenance, repairs and replacements for those parts of
the Common Area which may be replaced or require maintenance on a periodic
basis. Such reserves shall be payable in regular installments rather than by Special
Assessment.
Section 13.4 Fannie Mae. Assuming that Mortgagees may secure funding for mortgage
loans by selling mortgage loans, including mortgages on Lots and/or Dwelling Units in Lancaster
Towns, to the Federal National Mortgage Supplemental Association (a/k/a "Fannie Mae"), the
following requirements shall apply to all Lots and Dwelling Units in Lancaster Towns:
(a) A Mortgagee shall be given written notification from the Supplemental Association
of the following:
(i) any condemnation or casualty loss that affects either a material portion of
the Common Area or the Lot that is the security for the indebtedness due
the Mortgagee;
38
any default in the performance of any obligation under this Supplemental
Declaration or related Supplemental Association documents by the Owner
of a Lot that is the security for the indebtedness due the Mortgagee, which
default is not cured within sixty (60) days after the Owner's receipt of notice
of the default;
any lapse, cancellation or material modification of any insurance policy or
fidelity bond maintained by the Supplemental Association; or
(iv) any proposed action that would require the consent of a specified percentage
of Mortgagees.
(b) Provided that improvements have been constructed in the Common Area and
provided that a Mortgagee gives written notice to the Supplemental Association
that it has relied on the value of the improvements in making a loan on a portion or
all of the Property, then unless at least sixty-seven percent (67%) of the Members,
and Mortgagees representing at least fifty-one percent (51 %) of those Lots with
Mortgages have given their prior written approval, the Supplemental Association
shall not add or amend any material provision of this Supplemental Declaration or
related Supplemental Association documents concerning the following:
(i) voting rights of any Member;
(ii) assessments, assessment liens, or subordination of such liens;
(iii) reserves for maintenance, repair and replacement of those parts of the
Common Area that may be replaced or require maintenance on a periodic
basis;
(iv) responsibility for maintenance and repair of the Property;
(v) reallocation of interests in the Common Area or rights to its use, except as
provided in Article III and Article IV herein;
(A) converting Lots into Common Area or vice versa;
(vii) annexation or withdrawal of property to or from the Property;
(viii) insurance or fidelity bonds;
(ix) leasing of Dwelling Units;
(x) imposition of any right of first refusal or similar restriction on the right of
an Owner to sell, transfer or otherwise convey its property;
39
(xi) a decision by the Supplemental Association to establish self -management
when professional management has been required previously by a
Mortgagee;
(xii) restoration or repair of the Property after a hazard damage or partial
condemnation;
(xiii) any provisions that are for the express benefit of Mortgagees; and
(xiv) termination of the legal status of the Supplemental Association after
substantial destruction or condemnation of the subdivision occurs.
An addition or amendment to this Supplemental Declaration or related Supplemental
Association documents shall not be considered material if it is for the purpose of clarification or
correcting errors. A Mortgagee who receives a written request to approve additions or amendments
who does not deliver or post to the requesting party a negative response within thirty (30) days of
receipt of such request shall be deemed to have approved such request.
Section 13.5 General.
(a) Condemnation. In the event that there is a condemnation or destruction of the
Common Area or other property owned by the Supplemental Association, to the
extent practicable, condemnation or insurance proceeds shall be used to repair or
replace the condemned or destroyed property.
(b) Books and Records, A Mortgagee shall have the right to examine and copy at its
expense the books and records of the Supplemental Association during normal
business hours and upon reasonable notice to the Supplemental Association.
(c) Notice. As set forth in this Article XII, Mortgagees shall have the right, upon
request, to receive notice of (a) the decision of the Owners to abandon or terminate
the Planned Unit Development (as defined by Fannie Mae); (b) any material
amendment to the Supplemental Declaration, the Bylaws or the Articles; and (c) if
professional management has been required by a Mortgagee, the decision of the
Supplemental Association to terminate such professional management and assume
self -management.
(d) Excess Proceeds. Should there be excess insurance or condemnation proceeds after
the renovation, repair or reconstruction called for herein, such excess proceeds may
be distributed equally to the Owners, apportioned equally among the Lots; subject,
however, to the priority of a Mortgagee with regard to the proceeds applicable to
the Lot securing said Mortgagee and in accordance with Indiana law.
(e) Audited Financial Statement. The Supplemental
audited financial statement for the preceding fiscal
written request.
Association shall provide an
year to a Mortgagee upon its
40
(f) Termination. Eligible Mortgagees representing at least sixty-seven percent (67%)
of the votes of the mortgaged Lots must consent to the termination of the legal
status of the Supplemental Association for reasons other than substantial
destruction or condemnation of the Property.
(g) Damage to Common Area, The Supplemental Association shall cause the
immediate repair, reconstruction or renovation of any damage to the Common Area
unless a decision not to repair, reconstruct or renovate is approved by the Board of
Directors and a majority of the Mortgagees.
ARTICLE XIV
GENERAL PROVISIONS
Section 14.1 Enforcement, The Supplemental Association or any Owner shall have the
right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, easements, liens and charges now or hereafter imposed by the provisions of this
Supplemental Declaration or other Supplemental Association documents unless such right is
specifically limited herein or therein. Failure by the Supplemental Association or by any Owner
to enforce any right, provision, covenant or condition which may be granted by this Supplemental
Declaration shall not constitute a waiver of the right of the Supplemental Association or an Owner
to enforce such right, provision, covenant or condition in the future. All rights, remedies and
privileges granted to the Supplemental Association or any Owner pursuant to any term, provision,
covenant or condition of the Supplemental Declaration shall be deemed to be cumulative and the
exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor
shall it preclude the party exercising the same from exercising such privileges as may be granted
to such party by this Supplemental Declaration or at law or in equity.
Section 14.2 Severabilit • Headings. Conflicts. Invalidation of any one of the
provisions of this Supplemental Declaration by judgment or court order shall in no way affect any
other provision, which shall remain in full force and effect. Titles of paragraphs are for
convenience only and are not intended to limit or expand the covenants, rights or obligations
expressed therein. In the case of any conflict between the Articles and this Supplemental
Declaration, this Supplemental Declaration shall control; in the case of any conflict between this
Supplemental Declaration and the Bylaws, this Supplemental Declaration shall control.
Section 14.3 Duration. The covenants and restrictions of this Supplemental Declaration
shall run with and bind the Property and shall inure to the benefit of and be enforceable by the
Supplemental Association or the Owner of any Lot subject to this Supplemental Declaration, their
respective legal representatives, heirs, successors and assigns, unless such right is specifically
limited herein, for a term of twenty (20) years from the date this Supplemental Declaration is
recorded, after which time the covenants and restrictions of this Supplemental Declaration shall
be automatically extended for successive periods of twenty (20) years each, unless terminated by
a written and recorded instrument approved in advance by the affirmative and unanimous vote of
all Members of the Supplemental Association and their respective Mortgagees.
41
Section 14.4 Material Amendment/Extraordina Action.
(a) Approval . Requirements. In accordance with Federal Agencies' requirements,
material amendments ("Material Amendments") or extraordinary actions
("Extraordinary Actions"), as each such term is defined below, must be approved
by Members entitled to cast at least sixty-seven percent (67%) of the votes of
Members present and voting, in person or by proxy, at a meeting held in accordance
with the notice and quorum requirements for Material Amendments and
Extraordinary Actions contained in the Bylaws, such vote including the vote of a
majority of the Class A Members present and voting, in person or by proxy, at such
meeting and the vote of the Class B Member, if any.
(b) Material Amendment. A Material Amendment includes adding, deleting or
modifying any provision regarding the following:
(i) assessment basis or assessment liens;
any method of imposing or determining any charges to be levied against
individual Owners;
reserves for maintenance, repair or replacement of Common Area
improvements;
(iv) maintenance obligations;
(v) allocation of rights to use Common Areas, except as provided in Article III
and Article 1V herein;
(vi) any scheme of regulation or enforcement of standards for maintenance,
architectural design or exterior appearance of improvements on Lots;
(vii) reduction of insurance requirements;
(viii) restoration or repair of Common Area improvements in a manner
inconsistent with the provisions of this Supplemental Declaration;
(ix) the annexation or withdrawal of land to or from the Property;
(x) voting rights;
(xi) restrictions affecting leasing or sale of a Lot; or
(xii) any provision which is for the express benefit of Mortgagees.
(c) Extraordinary Aciioza. Alternatively, an Extraordinary Action includes:
42
(i) merging or consolidating the Supplemental Association (other than with
another non-profit entity formed for purposes similar to this Supplemental
Association);
(ii) determining not to require professional management if that management has
been required by the Supplemental Association documents, a majority of
eligible Mortgagees or a majority vote of the Members;
(iii) expanding the Supplemental Association to include land not previously
described as annexable which increases the overall land area of the project
or number of Lots by more than ten percent (10%);
(iv) abandoning, partitioning, encumbering, mortgaging, conveying, selling or
otherwise transferring the Common Area except for (i) granting easements;
(ii) dedicating Common Area as required by a public authority; (iii) re -
subdividing or adjusting the boundary lines of the Common Area; or
transferring Common Area pursuant to a merger or consolidation with a
non-profit entity formed for purposes similar to the Supplemental
Association;
(v) using insurance proceeds for purposes other than reconstruction or repair of
the insured improvements; or making capital expenditures (other than for
repair or replacement of existing improvements) during any period of
twelve (12) consecutive months costing more than twenty percent (20%) of
the annual operating budget.
(d) Class Amendments. Any Material Amendment which changes the rights of any
specific class of Members must be approved by Members entitled to cast at least
fifty-one percent (51 %) of the votes of all Members of such class present and
voting, in person or by proxy, at a meeting held in accordance with the requirements
contained in the Bylaws.
(e) Material Amendment and/or Extraordinga Actions Amendments. The following
Material Amendments and Extraordinary Actions must be approved by Members
entitled to cast at least sixty-seven percent (67%) of the total authorized votes of all
Members of the Supplemental Association, including at least a majority of the total
authorized votes entitled to be cast by Class A Members and the vote of the Class
B Member, if any:
(i) termination of this Supplemental Declaration;
(ii) dissolution of the Supplemental Association, except pursuant to a
consolidation or merger; and
(iii) conveyance of all Common Areas.
43
(f) VA Amendments. If the VA has guaranteed any loans secured by a Lot, so long
as there is a Class B Member, all Material Amendments and Extraordinary Actions
must have the approval of the VA.
Section 14.5 Amendment. Amendments to this Supplemental Declaration other than
Material Amendments or Extraordinary Actions shall be approved by at least sixty-seven percent
(67%) of the votes entitled to be cast by all Members present and voting, in person or by proxy, at
any duly called and conveyed meeting, or in writing by Members entitled to cast at least sixty-
seven percent (67%) of the total authorized votes of all Members and the vote of the Class B
Member, if any.
Any amendment to this Supplemental Declaration must be properly executed and
acknowledged by the Supplemental Association (in the manner required by law for the execution
and acknowledgment of deeds) and recorded among the appropriate land records.
Section 14.6 Special Amendment. Supplemental Declarant may make any amendment
required by any of the Federal Agencies or by the Local Governing Authorities, as a condition of
the approval of this Supplemental Declaration, by the execution and recordation of such
amendment following notice to all Members.
Notwithstanding anything herein to the contrary, Supplemental Declarant hereby reserves
the right prior to the Authority Transfer Date to unilaterally amend and revise the standards,
covenants and restrictions contained in this Supplemental Declaration for any reason. No such
amendment, however, shall restrict or diminish materially the rights or increase or expand
materially the obligations of Owners with respect to Lots conveyed to such Owners prior to the
amendment or adversely affect the rights and interests of Mortgagees holding first mortgages on
Lots at the time of such amendment. Supplemental Declarant shall give notice in writing to such
Owners and Mortgagees of any amendments. Supplemental Declarant shall not have the right at
any time by amendment of this Supplemental Declaration to grant or establish any easement
through, across or over any Lot which Supplemental Declarant has previously conveyed without
the consent of the Owner of such Lot. All amendments to this Supplemental Declaration shall be
in writing and recorded among the appropriate land records.
Section 14.7 Waiver. Supplemental Declarant hereby expressly reserves unto itself (so long
as these Restrictions are in effect), the unqualified right to waive or alter from time to time such
of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which
waiver or alteration shall be evidenced by the mutual written consent of Supplemental Declarant
and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or
altered; such written consent shall be duly acknowledged and recorded in the Recorder's Office.
Section 14.8 Withdrawable Real Estate.
(a) Prior to the Authority Transfer Date, Supplemental Declarant shall have the
unilateral right, without the consent of the Class A Members or any Mortgagee, to
44
execute and record an amendment to this Supplemental Declaration withdrawing
any portion of the Property upon which Dwelling Units have not been constructed.
(b) Upon the dedication or the conveyance to any public entity or authority of any
portion of the Property for public street purposes, this Supplemental Declaration
shall no longer be applicable to the land so dedicated or conveyed.
Section 14.9 Management Contracts. The Board of Directors may enter into professional
management contract(s) for the management of the Property, in accordance with the Articles and
Bylaws.
Section 14.10 Dissolution. Subject to the restrictions and conditions contained in this
Article XIV, the Supplemental Association may be dissolved with the assent given in writing and
signed by at least two-thirds (2/3) of each class of Members and in accordance with Article 13 of
the Act. Upon dissolution of the Supplemental Association, other than incident to a merger or
consolidation, the assets of the Supplemental Association, both real and personal, shall be offered
to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect
the purposes and uses to which they were required to be devoted by the Supplemental Association.
In the event that such offer of dedication is refused, such assets shall be then offered to be granted,
conveyed or assigned to any non-profit corporation, trust or other organization devoted to similar
purposes and in accordance with Indiana law. Any such dedication or transfer of the Common
Area shall not be in conflict with then -governing zoning ordinances or the designation of the
Common Area as "open space".
Section 14.11 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 family or his or their guests, employees, agents, invitees or lessees, to the extent that such
expense is not covered by the proceeds of insurance carried by the Supplemental Association. An
Owner shall pay the amount of any increase in insurance premiums occasioned by violation of any
of the Restrictions by such Owner, any member of his family or their respective guests, employees,
agents, invitees or tenants.
Section 14.12 Acceptance and Ratification. All present and future Owners, Mortgagees,
tenants and occupants of the Lots and Dwelling Units, and other Persons claiming by, through or
under them, shall be subject to and shall comply with the provisions of this Supplemental
Declaration, the Articles, the By -Laws and the rules, regulations and guidelines as adopted by the
Board of Directors and (to the extent of its jurisdiction) the Architectural Review Board, or any
committee thereof, as each may be amended or supplemented from time to time. The acceptance
of a deed of conveyance or the act of occupancy of any Lot or Dwelling Unit shall constitute an
agreement that the provisions of this Supplemental Declaration, the Articles, the Bylaws and rules,
regulations and guidelines, 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 bind any Person having at any time any interest or estate in a Lot
or Dwelling Unit or the Property, all as though such provisions were recited and stipulated at length
in each and every deed, conveyance, mortgage or lease thereof. All Persons who may own, occupy,
use, enjoy or control a Lot or Dwelling Unit or any part of the Property in any manner shall be
45
subject to this and guidelines applicable thereto as each may be amended or supplemented from
time to time.
Section 14.13 Perpetuities. If any of the covenants, conditions, restrictions, or other
provisions of this Supplemental Declaration would be unlawful, void, or voidable for violation of
the common law rule against perpetuities, then such provisions shall continue on for the maximum
amount of time as allowed by Indiana Code 32-17-8, et seq. as amended from time to time.
ARTICLE XV
OWNER'S INSURANCE
Section 15.1 Owner's Insurance Obligations. Notwithstanding anything to the contrary
contained in this Supplemental Declaration, each and every Owner shall maintain Dwelling Unit
Insurance on its Dwelling Unit at all times and at its sole cost and expense. Each Owner shall
provide evidence of its Dwelling Unit Insurance promptly following any written request by the
Supplemental Association, which request may be made from time to time. Said evidence of
insurance shall show the Supplemental Association as the certificate holder. To the extent that
any Owner does not have the types or amounts of insurance required for Dwelling Unit Insurance,
such an Owner shall immediately obtain the required insurance and provide written evidence
thereof to the Supplemental Association. In addition, to the extent that a Dwelling Unit is damaged
and that damage is covered by the Structure Insurance, the Owner of the Dwelling Unit so damaged
shall be responsible for the payment of the deductible on the Structure Insurance; provided,
however, in the event such damage extends to two Dwelling Units that are connected by a Party
Wall, the deductible on the Structure Insurance shall be shared equally by the Owners of the two
Dwelling Units so damaged.
46
WITNESS the following signatures:
STATE OF INDIANA
6SI
COUNTY OF HAMILTON
SUPPLEMENTAL DECLARANT:
Hoffiinan Developer, LLC
By:
Steven R. Edwards
Vice President - Chief Financial Officer
Before me, a Notary Public in and for said County and State, personally appeared Steven
R. Edwards, the Vice President - Chief Financial of Hoffinan Developer, LLC, who acknowledged
the execution of the foregoing Supplemental Declaration of Covenants, Conditions and
Restrictions for Lancaster Towns, and who, having been duly sworn, stated that any
representations therein contained are true.
Witness my hand and Notarial Seal this 29 h day f December, 20211..
�J,
Printed:
Resident of: do" t- r0y/-) ' `1
My Commission Expires: I t) c "1 2-0
:x� t
STACY A. SIN3ER�
Boone County
My Commission Expires
ortobor 1" "'623
This instrument was prepared by and after recording return to: Steven R. Edwards, Platinum
Properties Management Company, LLC, 9757 Westpoint Drive, Suite 600, Indianapolis, Indiana
46256.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Steven R. Edwards
47
EXHIBIT A
Legal Description of Real Estate
Part of Section JA:
Lots 2201-2204, 2301-2304 and 240I-2404
Proposed Lots 2201-2204, 2301-2304 and 2401-2404 in Ambleside, being a part of the East Half
of the Northwest Quarter of Section 21, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, based upon an ALTAINSPS Land Title
Survey prepared by Kristopher K. Eichhorn, Professional Surveyor Number 21000230, HWC
Engineering Job Number 2020-051, dated February 3, 2020, and last revised May 21, 2021, more
particularly described as follows:
COMMENCING at the northeast corner of said Quarter Section, said corner marked by a Harrison
Monument per Hamilton County Surveyor's Office Corner Records; thence South 89 degrees 09
minutes 42 seconds West (assumed bearing per survey recorded as Instrument Number
9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of
said quarter section a distance of 198.34 feet; thence South 00 degrees 50 minutes 18 seconds East
a distance of 172.08 feet to the POINT OF BEGINNING; thence South 00 degrees 00 minutes 00
seconds East a distance of 291.00 feet to the point of curvature of a curve to the right having a
radius of 20.00 feet and subtended by a long chord having a bearing of South 44 degrees 59 minutes
27 seconds West and a chard length of 28.28 feet; thence southwesterly along said curve an arc
distance of 31.41 feet; thence South 89 degrees 58 minutes 53 seconds West a distance of 69.01
feet; thence North 00 degrees 00 minutes 00 seconds West a distance of 311.02 feet; thence North
90 degrees 00 minutes 00 seconds East a distance of 89.00 feet; to the POINT OF BEGINNING,
containing 0.633 acres, more or less.
48
EXHIBIT B
Legal Description of Additional Real Estate
Lots 1001-1005 and 1101-1106
Proposed Lots 1001-1005 and 1101-1106 in Ambleside, being a part of the Eas# Half of the
Northwest Quarter of Section 21, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, based upon an ALTA/NSPS Land Title
Survey prepared by Kristopher K. Eichhorn, Professional Surveyor Number 21000230, HWC
Engineering Job Number 2020-051, dated February 3, 2020, and last revised May 21, 2021, more
particularly described as follows:
COMMENCING at the northeast comer of said Quarter Section, said corner marked by a Harrison
Monument per Hamilton County Surveyor's Office Comer Records; thence South 89 degrees 09
minutes 42 seconds West (assumed bearing per survey recorded as Instrument Number
9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of
said quarter section a distance of 223.91 feet; thence South 00 degrees 50 minutes 18 seconds East
a distance of 37.06 feet to the POINT OF BEGINNING; thence South 00 degrees 00 minutes 00
seconds West a distance of 90.63 feet; thence North 90 degrees 00 minutes 00 seconds West a
distance of 245.00 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 99.11
feet; thence North 89 degrees 09 minutes 42 seconds East a distance of 233.14 feet; thence South
45 degrees 00 minutes 00 seconds East a distance of 16.81 feet to the POINT OF BEGINNING,
containing 0.566 acres, more or less.
Also including the following:
Lots 1201-1206 and 2501-250fr
Proposed Lots 1201-1206 and 2501-2506 in Ambleside, being a part of the East Half of the
Northwest Quarter of Section 21, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, based upon an ALTA/NSPS Land Title
Survey prepared by Kristopher K. Eichhom, Professional Surveyor Number 21000230, HWC
Engineering Job Number 2020-051, dated February 3, 2020, and last revised May 21, 2021, more
particularly described as follows:
COMMENCING at the northeast comer of said Quarter Section, said comer marked by a Harrison
Monument per Hamilton County Surveyor's Office Corner Records; thence South 89 degrees 09
minutes 42 seconds West (assumed bearing per survey recorded as Instrument Number
9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of
said quarter section a distance of 498.76 feet; thence South 00 degrees 50 minutes 18 seconds East
a distance of 25.00 feet to the POINT OF BEGINNING; thence South 00 degrees 00 minutes 00
seconds West a distance of 98.67 feet; thence North 90 degrees 00 minutes 00 seconds West a
distance of 260.00 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 94.87
feet; thence North 89 degrees 09 minutes 42 seconds East a distance of 260.03 feet to the POINT
OF BEGINNING, containing 0.578 acres, more or less.
M
Also including the following:
Lots 2601-2606 and 2701-2705
Proposed Lots 2601-2606 and 2701-2705 in Ambleside, being a part of the East Half of the
Northwest Quarter of Section 21, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, based upon an ALTA/NSPS Land Title
Survey prepared by Kristopher K. Eichhom, Professional Surveyor Number 21000230, HWC
Engineering Job Number 2020-051, dated February 3, 2020, and last revised May 21, 2021, more
particularly described as follows:
COMMENCING at the northeast corner of said Quarter Section, said comer marked by a Harrison
Monument per Hamilton County Surveyor's Office Corner Records; thence South 89 degrees 09
minutes 42 seconds West (assumed bearing per survey recorded as Instrument Number
9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of
said quarter section a distance of 788.79 feet; thence South 00 degrees 50 minutes 18 seconds East
a distance of 25.00 feet to the POINT OF BEGINNING; thence South 00 degrees 00 minutes 00
seconds East a distance of 94.43 feet; thence North 90 degrees 00 minutes 00 seconds West a
distance of 245.00 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 79.05
feet; thence North 45 degrees 00 minutes 00 seconds East a distance of 16.92 feet; thence North
89 degrees 09 minutes 42 seconds East a distance of 233.06 feet to the POINT OF BEGINNING,
containing 0.519 acres, more or less.
Also including the following:
Lots 2801-2804 2901-2904 3001-3004 3101-3104 3201-3204 and 3301-3304
Proposed Lots 2801-2804, 2901-2904, 3001-3004, 3101-3104, 3201-3204 and 3301-3304 in
Ambleside, being a part of the East Half of the Northwest Quarter of Section 21, Township 18
North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana,
based upon an ALTA/NSPS Land Title Survey prepared by Kristopher K. Eichhorn, Professional
Surveyor Number 21000230, HWC Engineering Job Number 2020-051, dated February 3, 2020,
and last revised May 21, 2021, more particularly described as follows:
COMMENCING at the northeast corner of said Quarter Section, said corner marked by a Harrison
Monument per Hamilton County Surveyor's Office Corner Records; thence South 89 degrees 09
minutes 42 seconds West (assumed bearing per survey recorded as Instrument Number
9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of
said quarter section a distance of 868.59 feet; thence South 00 degrees 50 minutes 18 seconds East
a distance of 162.27 feet to the POINT OF BEGINNING; thence South 00 degrees 00 minutes 00
seconds East a distance of 311.00 feet; thence North 90 degrees 00 minutes 00 seconds West a
distance of 30.94 feet to the point of curvature of a curve to the left having a radius of 156.00 feet
and subtended by a long chord having a bearing of South 72 degrees 21 minutes 41 seconds West
and a chord length of 94.54 feet; thence southwesterly along said curve an arc distance of 96.05
feet to a point of reverse curvature of a curve to the right having a radius of 20.31 feet and
subtended by a long chord having a bearing of North 80 degrees 43 minutes 56 seconds West and
a chord length of 28.50 feet; thence westerly along said curve an arc distance of 31.59 feet; thence
North 35 degrees 18 minutes 09 seconds West a distance of 43.54 feet to the point of curvature of
50
a curve to the right having a radius of 122.00 feet and subtended by a long chord having a bearing
of North 17 degrees 39 minutes 05 seconds West and a chord length of 73.99 feet; thence northerly
along said curve an arc distance of 75.17 feet; thence North 00 degrees 00 minutes 00 seconds
West a distance of 229.02 feet; thence South 90 degrees 00 minutes 00 seconds East a distance of
196.76 feet to the POINT OF BEGINNING, containing 1.429 acres, more or less.
Also including the following:
Lots 3401-3404 3501-3504 3601-3604 3701-3704 3801-3804 and 3901-3904
Proposed Lots 3401-3404, 3501-3504, 3601-3604, 3701-3704, 3801-3804 and 3901-3904 in
Ambleside, being a part of the East Half of the Northwest Quarter of Section 21, Township 18
North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana,
based upon an ALTA/NSPS Land Title Survey prepared by Kristopher K. Eichhorn, Professional
Surveyor Number 21000230, HWC Engineering Job Number 2020-051, dated February 3, 2020,
and last revised May 21, 2021, more particularly described as follows:
COMMENCING at the northeast corner of said Quarter Section, said corner marked by a Harrison
Monument per Hamilton County Surveyor's Office Corner Records; thence South 89 degrees 09
minutes 42 seconds West (assumed bearing per survey recorded as Instrument Number
9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of
said quarter section a distance of 642.61; thence South 00 degrees 50 minutes 18 seconds East a
distance of 165.58 feet to the POINT OF BEGINNING; thence South 00 degrees 00 minutes 00
seconds West a distance of 311.00 feet; thence North 90 degrees 00 minutes 00 seconds West a
distance of 178.00 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 311.00
feet; thence South 90 degrees 00 minutes 00 seconds East a distance of 178.00 feet to the POINT
OF BEGINNING, containing 1.271 acres, more or less.
Also including the following:
Lots 1301-1304 1401-1404 1501-1504 1601-1604 1701-1704 and 1801-1804
Proposed Lots 1301-1304, 1401-1404, 1501-1504, 1601-1604, 1701-1704 and 1801-1804 in
Ambleside, being a part of the East Half of the Northwest Quarter of Section 21, Township 18
North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana,
based upon an ALTA/NSPS Land Title Survey prepared by Kristopher K. Eichhorn, Professional
Surveyor Number 21000230, HWC Engineering Job Number 2020-051, dated February 3, 2020,
and last revised May 21, 2021, more particularly described as follows:
COMMENCING at the northeast corner of said Quarter Section, said corner marked by a Harrison
Monument per Hamilton County Surveyor's Office Corner Records; thence South 89 degrees 09
minutes 42 seconds West (assumed bearing per survey recorded as Instrument Number
9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of
said quarter section a distance of 413.32 feet; thence South 00 degrees 50 minutes 18 seconds East
a distance of 168.94 feet to the POINT OF BEGINNING; thence South 00 degrees 00 minutes 00
seconds East a distance of 311.06 feet; thence South 89 degrees 58 minutes 53 seconds West a
distance of 178.00 feet; thence North 00 degrees 00 minutes 00 seconds West a distance of 311.12
feet; thence South 90 degrees 00 minutes 00 seconds East a distance of 178.00 feet to the POINT
OF BEGINNING, containing 1.271 acres, more or less.
51
Also including the following:
Lots 1901-1904 2001-2004 2101-2104 2201-2204 2301-2304 and 2401-2404
Proposed Lots 1901-1904, 2001-2004, 2101-2104, 2201-2204, 2301-2304 and 2401-2404 in
Ambleside, being a part of the East Half of the Northwest Quarter of Section 21, Township 18
North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana,
based upon an ALTA/NSPS Land Title Survey prepared by Kristopher K. Eichhorn, Professional
Surveyor Number 21000230, HWC Engineering Job Number 2020-051, dated February 3, 2020,
and last revised May 21, 2021, more particularly described as follows:
COMMENCING at the northeast corner of said Quarter Section, said corner marked by a Harrison
Monument per Hamilton County Surveyor's Office Corner Records; thence South 89 degrees 09
minutes 42 seconds West (assumed bearing per survey recorded as Instrument Number
9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of
said quarter section a distance of 198.34 feet; thence South 00 degrees 50 minutes 18 seconds East
a distance of 172.08 feet to the POINT OF BEGINNING; thence South 00 degrees 00 minutes 00
seconds East a distance of 291.00 feet to the point of curvature of a curve to the right having a
radius of 20.00 feet and subtended by a long chord having a bearing of South 44 degrees 59 minutes
27 seconds West and a chord length of 28.28 feet; thence southwesterly along said curve an arc
distance of 31.41 feet; thence South 89 degrees 58 minutes 53 seconds West a distance of 158.01
feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 311.05 feet; thence South
90 degrees 00 minutes 00 seconds East a distance of 178.00 feet to the POINT OF BEGINNING,
containing 1.269 acres, more or less.
Excluding from above the following:
All Real Estate described in Exhibit A
52