HomeMy WebLinkAboutWindsor Grove Declaration of Covenants & Restrictions 02-04-02DECLARAT ION OF COVENANTS AND RESTRICTIONS
.· ... "ffINDSOR ~l_{OVE
This .Declaration , -~de
• 2 ·ob_2 , ·. by·-w1nasor· Grove LL C;
· { "~ecl ~ant ·•· )° ••
W I T N E s S E-, T H ·.:
2002000 i 4312 .
Filed .fo r Record.in . .
·HAl'IILTON COUNTY,.· I~DIANA. • • ...
• M~RY-L CLARK • • • . •
1)2-21 -2002 0 9: 32 a ■,
DEC cav RES 79.00. ·WHEREAS , ··t he ~ol lowing_ facts a.re !=rue:
A _ Declarant: is-t.he · ·owner of the ·real est:at.e l ocated i n
H'ami lton·"·c;urity, Indi.a.ria,'. aescri~d in. Exhibi t: ·A;. up~:m which .
D·eclaran t. • i1{tena.s· to. ·<level.op· a· _;esidenti.al" sui)div i;,;ion t.o .be ... . . .. . --. . -
known as Windsor Grove_
. . . ...
a_· ..... -Declarant· h~s -o r will const..ruct._. c e rtain: -imp:rove-qlents and
· ameniti~~ ·:w~ch shall con~ti_tut e Communit.y··A.;ea_ ._:·· :_· :
• ' . • : • • • _. • --•. -.. I:...... • .. : • -••• • •• •. •
. c_· · ?ec_l.ara!l·t. desires t.o.·pr.ovi_de _f<;,r · t.he :pre~erva ti'on·: and .
. -'
__ .. _
· ·enhan.cement'. _of the :p1:operty°_vaJ.ues ; :· !3-menitie"s_.anc;l.:opportuni. t ie~.
_.i n-Wind.so~· Gr~ve and for th~ maL>1t~~nc·e 6f the·· Tract · and _. th~--· •• .-
•. i~provem~nts ther.eoii , a~d t:o t h is end d esfr~s to s~ject .the •. :
• ·Tract • to . the' covenants ' ~-e.str:i ct ions I ease ments, c h~r~es. and·· • : . • • ••
liens· h~reinafter set. .f~rth ,· ·each of which -is fo; t h e benefit of
-· ·th; Lots· ~d . lands · i.0: • t:b.e :•Tract :and the· future . owners t.l~er~of -••.. -
• • •• • • • • • • : • • • l • ., • • ; • • •;
. . · ·_. i. D-• ~e~l a;a~~---d~~~~ it· d~~ir~:~e , "f6°r t:·l~e ··ei "ri-~ient··: • :-_ .::,, :_ · .·.·_ • . : ..
: ··pre~e~tiion' 6£ -the:.yal~es -~a:·~it.ie~ in Wi~cts bi · ·c:rove~.-t ~·-· • ..•. .>· _ -. • •
• create ari a:g.en~y ·t:o which may ·.be ·aeiegated and a;Ssig:ned· t"..he . . .. . .·
.· po'!;'_er:S ._-6r o~ing,. ma intain ~m d ·aami.nis"t:.eririg _ the · Conm_ru._r1ity _ ~ea ,:·•::" • ;·:-:.. :-::
-. adniinis~er1ng. and e n forcing ·_ t he ~estric_ti.ons , • collecting ·and · .• _· _ _.· _ :· • _ _.·.
-d.i.sl:iu rsi:i.I:lg t:he -As$essments and · cha:t:ges :hereii:iaft:er created. and . .
'p ro~~ting the_. heaJ.t:.h , -~afe~y ~nd ·we.J.°far~-~£.··,the . Owri"e±s . of Lot s".·. :_ • . . . . . ·: .•
... ·.·
. E -Deciai-ant" has . i n c~rp~rat ~d -~~er. the· laws .~-( the . St~te _··_..: ::"_. .• •..••
?f· Ii:id.i.ana • 'a · not~~or-pr~fit: c6i-poi::ati~!l known_ ~s-"Windsor G~ov~ ·_-• : .: • • • • • ••
Homeowners. Assoc iation, Inc -, for . the purpose of exe:z;-cisin g : such
_::._fun~t -i ons: • • . . . • • • • . ••• ' • . • .-•
NOW; .T HEREFORE ,· Decl arant· i:.ereby-.decl~es . that ·all of the . . . . . . . . :.
l
t .,
if.JJ-.1
Lots and lands i~-the Tract, as they are held and shall be held,
conve¥ed, hypothecated or encumbered, leased, rented, used,
occupi~d and improved, are_subject to the following Restrictions,•
ail of which are declared to be in furtherance of a plan for the
improvement and·sale of Lota in the tract, and are established
arid agreed upon for the purpose of enhancing and protecting the
value, desirability and attractiveness of the Tract as a whole
and of each of Residences, Lots and lands situated therein_ The
Restrictions shall run with the land and shall be binding upon
Declarant, its respective successors and assigns, and upon the
parties having or acquiring any interest in the Tract or any part
or parts thereof subject to such Restrictions_ The Restrictions
shall inure to the benefit of Declarant and its respective
successors in title to the Tract or any part or parts thereof.
l. Definitions. The following terms, as used in this
Declaration, unless the context clearly requires otherwise, shall
mean the following:
(a) nArchitectural Review Board" means that entity
established pursuant to Paragraph 13 of this Declaration for the
purposes therein stated.
(b) "Articles" means the Articles of Incorporation of
the Corporation, as amended from time to time.
(c) "Assessments" means all sums lawfully assessed
against the Members of the Corporation or as declared by
this Declaration, the Articles or the By-Law~.
(dl "Board of Directors" means the governing body of
the_Corporation elected by the Members in accordance with.
the By-Laws.
(e) "By-Laws" means the Code of By-Laws of the
Corpor~tion, as amended from time to time.
(f) "Windsor Graven means, the name by which the Tract
shall be known.
(g) •community Area" means (i) the Lake Control
structures (ii} the Drainage System, (iii} the Lakes and
Lake Access Easements, (iv) the Entry Ways, (v}·the Roadways
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to tne extent not maintained by public authority, (vi) any
utility service lines or facilities not maintained by a
public utili~y company or governmental agency that serve
more than one Lot, (vii) any swimming pool and bathhouse
constructed by Declarant or the Corporation and maintained
for the benefit of the OWners of the Lots, and (viii) any
area of land (1) shown on the Plat, (2) described in any
recorded instrument prepared by Declarant or its agents, or
(3) conveyed to or acquired by the Corporation, together
with all improvements thereto, that ~re intended to be
devoted to the use or enjoyment of some, but not necessarily
all, of the owners of Lots.
(h) "Corporation" means Windsor Grove Homeowners
Association, Inc., an Indiana not-for-profit corporation,
its successors and assigns.
(i) "Declarant• means Windsor Grove LLC, its
successors and assigns to its interest in the Tract other
than Owners purchasing Lots or Residences by deed from
Declarant (unless the conveyance indicated an intent that
the grantee assume the rights and obligations of Declarant).
(j) "Drainage Boa:i;d" means the Hamilton County,
Indiana Drainage Board, its successors or assigns.
(k) "Drainage System" means the open drainage ditches
and swales, the-subsurface drainage tiles, pipes and
structures, the dry and wet retention and/or detention
areas,. and the· other structures, .fixtures, properties,
equipment and facilities (excluding the Lakes and the Lake
control Structures) located in the Tract and designed for
the purpose of controlling, retaining or expediting the
drainage of surface and subsurface waters from, over and
across_the Tract, including but not limited to those shown
or referred to on the Plat, all or part of which may be
established as legal drains subject to the jurisdiction of
the Drainage Board.
(l) "Entry Ways• means the structures constructed as
an entrance to Windsor Grove or a part thereof (exclusive of
the street pavement, curbs and drainage structures and
tiles),. the traffic island, if any, and the grassy area
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surrounding such structures, whether located within or
without the Tract.
(m) "Initial Capital Assessment• means the initial
assessment for the Reserve for Replacements required by
Paragraph 12(c).
(n) "Landscaping Easement" means a portion of a·Lot
denoted on the Plat as an area to be landscaped and
maintained by the Corporation.
(o) "Lake" means any lake as depicted on the Plat and
"Lakes" means all such lakes. A numerically designated Lake
means the Lake so designated by such number on the Plat.
(p) "Lake Access-Easement" means an area designated on
the Plat as a means of access to a Lake or a Lake Control
Structure.
(g) "Lake Control Structures" means the earthen dam
constructed to establish the Lake and the structures, out-
falls, pipes and appurtenances associated therewith or
integral thereto, including but not limited to those
depicted on the Plat, all or part of which may be
established as a legal drain subject to the jurisdiction of
the Drainage Board.
{r) . "Lot" means a platted lot as shown on the Plat.
(s) • "Lot Development Plan" means {i) a: site plan
prepared by a licensed engineer or arcliitect, (ii)·
foundation plan and proposed finished·floor elevations,
{iii) building plans, including elevation and floor plans,
(iv) materia~ plans and specifications; (v) landscaping
plan, and {vi) all other data or information that-the
-Architectural Review Board may request with respect to the
improvement or alteration of a Lot (including but not
limited ~o the landscaping thereof) or the construction or
alteration of a Residence or other structure or improvement
thereon.
{t) "Maintenance Costs" means all of the costs
necessary to keep the facilities to which the term applies
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operattonal 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 fac.ility, payment of all
insurance with respect thereto, all taxes imposed on the
facility and on bhe underlying land, leasehold, easement.or
right-of-way, and any other expense related to the
continuous maintenance, operation or improvement of the
facility.
{u) "Member" means a Class A or Class B member of the
Corporation and "Members• means Class A and Class B members
of the Corporation.
(v) "Mortgagee• means the holder of a first mortgage
on a Residence.
,(w) "Owner" means a Person, including Declarant, who
at the time has or is acquiring any interest in a Lot except
a Person who has or is acquiring such an interest merely as
security for the performance of an obligation.
(x) "Person" means an individual, firm, corporation, . .
partnership, association, trust limited liability company or
other legal entity, or any combination thereof.
(y) "Plat• means the final secondary plat of the Tract
recorded in the Office of the Recorder of Hamilton C~unty,
Indiana.
(z} "Reserve for Replacements• means a·fund
established and maintained by the Corporation to.meet the
cost of periodic maintenance,-repairs, renewal and
replacement of the Community _Area.
(?!3-l "Residence" means any structure intended
exclusively for occupancy by a single family together with
all appurtenances thereto, .including private garage and
outbuildings and recreational facilities usual and
inciden~al to the use of a single family residential lot.
(ho) "Restrictions• means the covenants, conditions·,
easements, charges, liens, restrictions, rules and
regulations and all other provisions set forth in this
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Declaration and the Register of Regulations, as the same may
from time to time be amended.
(cc) "Regi_ster of Regulations" means the document
containing rules, regulations, ·policies, and procedures
adopted by the Board of Directors or the Architectural
Review Board, as the same may from time to time be amended.
(dd) "Roadway• means all or any part of a street, land
or road (including the right-of-way) designed to provide
access to one or more Lots which has not been accepted for
maintenance by a public authority.
(ee) "Tract" means the land described in Exhibit A.
and any other acreage subsequently purchased by Declarant
and declared by Declarant to be a part of the Tract.
(ff) •zoning Autliority" with respect to any action
means the Carmel Building Commissioner or, where he lacks
the capacity to take action, or fails to take such action,
the governmental body or bodies, .administrative or judicial,
in which authority is vested under applicable law to hear
appeals from, or review the action, or the failure to act,
of the building commissioner.
2. Declaration. Declarant hereby expressly declares that
the tract shall be held, transferred, and occupied subject to the
Restrictions. The Owner of any Lot subject to these
Restrictions, by (i) acceptance of a deed conveying title
thereto, or the e:x:ecution of a contract for the purchase thereof,
whether from Declarant or a subsequent Owner of such Lot, or (ii)
by the act of occupancy of any Lot, shall accept such deed and
execute such contract subject to each Restriction and agreement
herein contained. By acceptance of such deed or execution of
such contract, ea~h Owner acknowledges the rights and powers of
Declarant and of the Corporation with respect to.these
restrictions, and also for itself, its heirs, personal
representatives, successors and assigns, covenants, agrees and
consents to and with Declarant, the Corporatiun, and the owners
and subsequent Owners of each of the Lots affected by these
Restrictions to keep, observe, comply with and perform such
Restrictions and agreement. Each owner of a Lo~ in Windsor Grove,
by the acceptance of a deed there~o, shall be deemed to have
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waived such Owner's right to remonstrate against annexation of
al~ or any portion of Windsor Grove by the City of Carmel at any
time.
3. Additional Real Estate. Declarant shall have, and
hereby reserves the right, at any time, and from time to time, to
add to the Tract and subj~ct to this Declaration all or any part
of the Additional Real Estate. Any portion of the Additional
Real Estate shal·l be added to the Tract, and therefore and
thereby becomes a_part of the Tract and subject in all respects
to this Declaration and all rights, obligations and privileges
herein, when Declarant places of record in Hamilton County,
Indiana, an instrument so declaring the same to be part of the
Tract, which declaration may be made as part of a subdivision
plat of any portion of the Additional Real Estate, or by an
amendment or supplement to this Declaration. Upon the recording
of any such instrument, the real estate described therei~ shall,
for all purposes, thereafter be deemed a part of the Tract and
the Owners of any Lots within such real estate shall be deemed
for all purposes to have and be subject to all the rights,
duties, privileges and obligations of Owners of Lots within the
Tract. No single exercise of Declarant's right and option to add
to and expand the Tract, as described herein as to any part or
parts of the Additional Real Estate, shall preclude Declarant
from thereafter from time to time further expanding and adding to
the Tract to include other portions of the Additional Real
Estate, and such right and option of expansion may be exercised
by Declarant from time to time as to all or'any portions of the
Additional Real Estate. Such expansion of the Tr~ct is entirely
at the discretion of Declarant and nothing contained in this
Declaration or otherwise shall require Declarant to expand the
Tract.
4. The Lakes. Declarant shall convey title to the Lakes to
the Corporation .. The Corporation shall be responsible for
maintaining the La~es. The Maintenance Costs of the Lakes s~all
be assessed as a General Assessment against all Lots. Each.Owner
of a Lot which abuts a Lake shall be responsible at all times for
maintaining so much of the bank of the Lake above the pool level
as constitutes a part of, or abuts, his lot and shall keep that
portion of a Lake abutting his Lot free of debris and otherwise
in reasonably clean condition. No boats shall be permitted upon
any part of a Lake and no dock, pier, wall or other structure may
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be extended into a Lake without the prior written consent of the
Architectural Review Board and such governmental authority as may
have jurisdiction thereover. No swimming will be permitted in a
Lake except if and to the extent authorized by the Board of
Directors. Each Owner of a Lot abutting a Lake shall indemnify
and hold harmless Declarant, the Corporation and each-other Owner
against all loss or damage incurred as a result of injury to any
Person or damage to any property, or as a result of any other
cause or thing, arising from or related to use of, or access to,
a Lake by any Person who gains access thereto from, over or
across such Owner's Lot. Declarant shall have no liability to
any Person with respect to the Lakes, the use thereof or access
thereto, or with respect to any damage to any Lot resulting from
a Lake or the proximity of a Lot thereto, including loss or
damage from erosion.
5. The Lake control structures. Declarant shall convey
title to the Lake Control Structures to the Corporation. The
Corporation shall be responsible for maintaining the Lake control
Structures to the extent not maintained by the Drainage Board,
and the 0 Maintenance costs thereof shall be assessed as a General
Assessment against all Lots.
6. Drainage System. Declarant shall.maintain the Drainage
System in good condition satisfactory for the purpose for which
it was constructed until the earlier of December 31, 2001, or the
date the Drainage System is accepted as a legal drain by the
Drainage Board. After the earlier of such dates, the Corporation
shall maintain the Drainage System to the extent not maintained
by the Drainage Board and the Maintenance Costs thereof shall be
assessed against all Lots subject to assessment serviced by that
part of the Drainage System with respect to which.Maintenance
Costs are incurred. Each Owner shall be individually liable f9r
the cost of maintenance of any drainage system located entirely
upon his Lot which is devoted exciusively to drainage of his Lot
and is not maintq~ned by the Drainage Board.
7. Maintenance of Entrv Ways. Roadways and Landscaping·
Easements. The Corporation shall.maintain the Entry Ways,
Roadways and the Landscaping Easements and all improvements and
plantings thereon, and the Maintenance Costs thereof shall be
assessed as a General Assessment against all Lots subject to
assessment. Grass, trees, shrubs and other plantings located on
an Entry Way or a Landscaping Easement shall be kept ._neatly cut,
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-cultivated or trimmed as reasonably required to maintain an
attractive entrance to Windsor Grove, or a part thereof, or a
pla~ting area within Wiµdsor Grove. All entrance signs located
on an Entry Way shall be maintained at all times in good and
sightly condition appropriate to a first-class residential
subdivision.
8. Roadways. Declarant shall maintain each Roadway in good
condition satisfactory for the purpose for which it was
constructed until the earlier of December 31, 2003, or the date
on which Residences have been constructed on seventy-five percent
{75%) of the Lots fronting such Roadway, at which time
responsibility for the maintenance thereof shall be assumed by
the Corporation. The Maintenance Costs incurred by the
Co:r:poration in connection with maintaining a Roadway shall be
assessed against all Lots whose principal means of vehicular
access to a public right-of-way is over and across such Roadway.
No parking shall be permitted within the right-of-way of any
Roadway_
9. Construction of Residences.
(al Land Use. Lots may be used only for single-family
residential purposes, and only one Residence, not to exceed two
and one-half stories and not to exceed the height restrictions
provided in the Carmel Clay zoning regulations, may be
constructed thereon. No portion of any Lot may be sold or
subdivided such that there will be thereby a greater number of
Residences in Windsor Grove than the number of original Lots
depicted on the Plat. Notwithstanding any provis~on in the
applicable zoning ordinance to the contrary, no Lot may be used
for any •special Use• that is not clearly incidental ~nd
necessary to single family dwellings. No home occupation shall
be conducted or maintained on any Lot other than one"which does
not constitute a "special use" and which is incidental to a
~usiness, profession or occupation of the OWner or occupant of
such Lot and which is generally or regularly conducted at another
location which is away from such Lot. No signs of any nature,
kind or description shall be erected, placed, or permitted to
remain on any Lot advertising a permitted home occupation.
(b} Size of Residence. Except as otherwise provided
herein,. no residence may be constructed on any Lot unless such
Residence, exclusive of open porches, attached garages and
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basements, _ah.all have a ground floor area of 2,900 square feet if
a one-story structure, or 2,000 square feet if a higher
structure, but in the case of a b~ilding higher than one story,
the ground floor area and the total floor.area shall not be less
than 3, 500 .square feet.
(c) Temnorary Structures. No trailer, shack, tent, boat,
basement, garage or other outbuilding may be used at any time as
a dwelling, tempora:r:y or permanent, nor may any structure of a
temporary character be used as a dwelling.
Cd) Building Location and Finished Floor Elevation. No
building may be erected between the building line shown on the
Plat and the front Lot line, and no structure or part thereof may
be built or erected nearer than ten (10) feet to any side Lot
line with a thirty(30) foot aggregate or nearer than twenty (20)
feet to any rear Lot line. No accessory building may be erected
in front of a main building or in the required front yard on the
side of a corner lot unless the accessory building is attached to
the main building by a common wall. No accessory building which
is not attached to the main building by a com.'llon wall or any
swimming pool or other improvement may be erected or installed
between the rear of the main building and 106th Street or Towne
Road, unless a variance therefor is obtained from the Carmel
Board of Zoning Appeals and approval is granted by the
Architectural Review Board. A minimum finished floor elevation,
shown on the development plan for Windsor Grove, has been
establ.ished for each Lot depicted on the Plat and no finished
floor elevation with the exception of flood protected basements
shall be con~tructed lower than said minimum without the written
consent of the Architectural Review Board. Demonstration of
adequate storm water drainage in conformity with both on-Lot and
overal~ project drainage plans shall be a prime requisite for
alternative finished floor elevations. Before construction
commences, the finished floor elevation shall be physically
checked on the Lot and certified by a licensed professional
engineer or a licensed land surveyor.
(e) Driveways. All driveways shall be paved and maintained
dust free.
(fl ·yard Lights. If streets lights are not installed in
Windsor Grove, then each Person who undertakes to construct a
Residence on a Lot shall install and maintain a light in operable
condition on such Lot at a location, having a. height and of a
type, ·style and manufacture approved by the Architectural Review
Board p~ior to the installation thereof. Each such light fixture
shall also have a bulb of a maximum wattage approved by
Architectural Review Board to insure uni~orm illumination on each
Lot and shall be equipped with a photo electric cell or similar
device to insure au~omatic illumination from dusk to dawn each
day. The yard lights shall be purchased from Declarant who shall
collect the cost therof at the closing of each Lot.
(g) Fire Place Chase. All fireplace chases shall be of
masonry veneer, drivit, or a material which is equal to or better
than masonry veneer or E.I.F.S. in quality and appearance. No
fireplace chase shall be constructed of stuccoboard
(h) Exterior Siding. No aluminum or T-1-11 siding permitted
{i) Storage Tanks. Any gas or oil storage tanks used in
connection with a Lot shalk be either buried or located in a
Residence such that they are completely concealed from public
view.
(j) Construction and Landscaning. All construction upon,
landscaping of and other improvement to a Lot shall be completed
strictly in accordance with the Lot Development Plan approved by
-the Architectural Review Board. All landscaping specified on the
landscaping plan approved by the Architectural Review Board shall
be installed-on the Lot strictly in accordance with such approved
plan within 30 days following substantial completion of the
Residence unless the Board agrees to a later landscaping
completion date. Unless a delay is caused by strikes, war, court
injunction or acts of God, the owner of any Lot, which on the
date of purchase ts not improved with a Residence, shall commence
construction of a Residence upon the Lot within two (2) years
"from the date the Owner acquired title thereto and shall complete
construction of such Residence within one (1) year after the date
of commencement of the building process, ·but in no event later
than three (3) years after the date the OWner acquired ~itle to
the Lot, unless such Lot is adjacent to a Lot upon which the
owner has constructed a Residence in which such Owner permanently
resides. If the Owner fails. to commence or complete construction
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. .
of a Residence within the time periods specified herein, or if
the Owner should, without Declarant•s written approval, sell,
contract to sell{ convey, or otherwi~e-dispose of, or attempt to
sell, convey or otherwise dispose of, the Lot before completion
of construct~on of a Residence on the Lot, then, in any of such
events, Declarant may:
{I) re-enter the lot and divest the Owner of title
thereto by tendering to the Owner or to the Clerk of the
Circuit Court of Hamilton County the lesser of (ii the same
net dollar amount as was received by Declarant from such
Owner as consideration for the conveyance by Declarant of
the Lot, together with such actual casts, if any, as the
Owner_may prove to have been incu=ed in connection with the
commencement of construction of a Residence on the Lot and
(ii) the then fair market value of the Lot, as determined by
averaging two (2) appraisals made by qualified appraisers
appointed by the Judge of the Hamilton Connty Circuit or
superior Court.
(II) obtain injunctive relief to force the OWner to
proceed with construction of any residence,' a Lot
-Development Plan for which has been approved by the
Architectural Review Board upon application by such Owner;
or
(III) pursue such other remedies at law or in equity as
-may be available to Declarant."
The failure of the Owner of a Lot to apply for approval of,
or receive approval from, the Architectural Review Board of a Lot
Development Plan shall not relieve such Owner from his obligation
to commence and complete construction of a Residence ~pon the·Lot
within the time periods specified herein. For the purposes of
this sub-pa~agraph (i}, construction of a Residence will be
deemed "completed" when the exterior o~ the Residence (including
but ~ot limited to the foundation, walls, roof, windows, entry
doors, gutters, downspouts, exter!or trim, paved driveway and
landscaping) has been completed_in conformity with the Lot
Development Plan.
(k) Mailboxes. All mailboxes installed upon Lots shall be
uniform and shall be of a type, color and manufacture approved by
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the Architectural Review Board. Such mailboxes shall be
installed upon posts approved as co type; size and location by
the Architectural Revlew Board,
(1) Septic Systems. No septic tank, absorption field or
any other on-site sewage disposal system {other than a latera~
main connected to a sanitary sewage collection system operated by
the Clay Township Regional Waste District or a successor public
agency or public utility) shall be installed or maintained on any
Lot.
(m) Water Systems. No private or semi-private water supply
system may be located upon any Lot which is not in compliance
with regulations or procedures adopted or established by the
Indiana State Board of Health, or other civil authority having
jurisdiction. To the extent that domestic water service is
available from a water line located within 200 feet of the lot
line maintained by a public or private utility company, each
OWner shall connect to such water line to provide water for
domestic use on the Lot and shall pay all connection,
availability or other charges lawfully established with respect
to connections thereto. Notwithstanding the foregoing, an OWner
may establish, maintain and use an irriga_tion water well on his
Lot.
{nl. Drainage. In· t~e event storm water drainage from _any
Lot or Lots flows across another Lot, provision shall be made by
the Owner of such Lot to permit such drainage to continue,
·without restriction or reduction, across the downstream Lot and
into the natural drainage channel or course, although no specific
drainage easement for such flow·of water is providea on the Plat.
'To the extent not maintained by the Drainage Board, "Drainage .
Easements• reserved as drainage swales shall be maintained.by the
OWner of tlie Lot upon which such ease1:1ents are located such that
water from any adjacent Lot shall have adequate drainage along
such swale. Lots within Windsor Grove may be'included in a legal
drain established by the Drainage Board. In such event, each Lot
in Windsor Grove will be subject to assessment by the Drainage
Board for the costs of maintenance of the portion of the Drainage
System and the Lake C~ntrol Structures included in such legal
drain, which assessment will be a lien against the Lot. The
elevation of a Lot shall not be changed so as to affect
materially the surface elevation or grade of surrounding Lots,
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Perimeter foundation drains, sump purop drains, downspouts and
water softeners, shall be connected whenever feasible into a
subsurface drainag~ tile. Downspouts pnd water softener drains
shall be designed to disperse runoff for overland flow to street
or swale collection systems. Each Owner shall maintain the
'subsurface drains and tiles located on his Lot and shall be
liable for the cost of all repairs thereto or replacements
thereof.
10. Maintenance of Lots.
(a) Vehicle Parking. No camper, motor home, truck,
trailer, boat or disabled vehicle may be parked or stored
overnight or longer on any Lot in open public view.
(bl Signs. Except for such signs as Declarant may in its
absolute discretion display in connection with the development of
Windsor Grove and the sale of Lots therein and such signs as may
be located in the Community Area, no sign of any kind shall be
displayed to the public view on any Lot except that one sign of
not more than four t4) square feet may be displayed at any time
for the purpose of advertising the property for sale or for rent,
or may be displayed by a builder to advertise the property during
construction and sale.
{cl Eencing. No fence, wall, hedge or shrub planting
higher than eighteen (18) inches shall be permitted between the
front property line and the front building set-back line except
where such plantin~'is.part of Residence landscaping and the
·prime root thereof is within four (4) feet of the ·Residence.
Trees shall not be deemed •shrubs" unless planted in such a
manner·as to constitute a "hedge". No chain link fence shall be
erected upon a Lot. Ornamental steel or wrought iron type
fencing shall be the only type of fencing permitted on Lots which
abut a lake. All fencing shall be on the Lot lines and uniform in
height, style and color and substantially similar in material.
No fence shall be erected or maintained on or within any
Landscaping Easement except such as may be installed by Declarant
and subsequently replaced by the Corporation in such manner as to
preserve the uniformity of such fence. No fence may be erected
on a Lot without the prior approval of the Architectural Review
Board, which may establish further restrictions with respect to
fences, including limitations on (or prohibition of) the
14
installation of fences in the rear yard of a Lot abutting a Lake
and design standards for fences. All fences shall be kept in
good repair. No fence, wall,·hedge or shrub pla~ting which
obstructs.sight lines at elevations between two (2) and six (6)
feet above the street shall be placed or permitted to remain on
any corner lot within the triangular area formed by the street
property lines and a line connecting points 25 feet from the
intersection of said street lines, or in the case of a street
line with the edge of a driveway pavement or alley line. No tree
shall be permitted to remain within such-distances of such
intersections unless the foliage line is maintained at sufficient
height to prevent obstruction of such sight lines.
(d) Veaetation. An Owner shall not permit the growth of
weeds and volunteer trees and bushes on his Lot, and shall keep
his Lot reasonably clear from such unsightly growth at all times.
If an Owner fails to comply with this Restriction, the
Architectural Review Board shall cause the weeds to be cut and
the Lot cleared of such growth at the expense of the OWner
thereof and the Architectural Review Board shall have a lien
against the cleared Lot for the expense thereof.
(e) Nuisances. No noxious or offensive activity shall be
carried on upon any Lot nor shall anything be done thereon which
may be, or may become, an annoyance or nuisance to the
neighborhood. Barking dogs and feeding of ducks and/or geese
shall constitute a nuisance.
(f) Garbage and Refuse Disposal. No Lot shall be used or
maintained as a dumping ground for trash. Rubbish, garbage or
other waste shall be kept in sanitary containers out of public.
view. All equipment for storage or disposal of such materials
shall be kept clean and sanitary. If Declarant. or the Corporation
has provide~ for~ common source of trash collection for all
Residences in the Tract, no Owner may contract for trash
collection services seperately.
(g) Livestock and Poultry. No animals, livestock or
poultry of any kind shall be raised, bred or kept on any Lot,
except that dogs, cats or other household pets may be kept·
provided that they are not kept, bred or maintained for any
commercial purpose. The owners of such permitted pets shall
15
confine them to their respective Lots·such that they will not be
a nuisance. Owners of dogs shall so control or confine them so
as to avoid barking ~hich will annoy or.disturb adjoining Owners.
(h) Outside Burning. No trash, leaves, or other materials
shall be ~urned upon a Lot if smoke therefrom would blow upon any
other Lot and, then, only in acceptable incinerators and in
compliance with all applicable legal requirements.
(i) Antennas and Receivers. No satellite receiver or down-
l~nk which is greater than twenty (20) inches in diameter and
whi'ch is not adequately screened in the opinion of the
Architectural Review Board shall be permitted on any Lot. No
Satellite receivers or downlinks shall be positioned on the front
of, or in front, of any Residence.
(j) Exterior Lights. No exterior lights shall be erected
or maintained between the building line and rear lot line so as
to shine or reflect directly upon anpther Lot.
(kl Electric Bug Killers.
and other similar devices shall
Electric Bug killers, "zappers"
not be installed at a location or
locations which will result in the operation·thereof becoming a
nuisance or annoyance to other Owners and shall only be operated
when outside activities require the use thereof and not
continuously.
(1) Tennis Courts. No tennis court shall be installed or
maintained on any Lot.
(m) Swimming Pools. No swinuning pool shall be located on a
Lot abutting within 35 feet from the water's edge of the Lake at
normal pool elevation as established on the engineering design
plans for the Lake filed with the Zoning authority. If a
variance permitting installation of a mechanical pool cover in
lieu of fencing has been or may be obtained from the Zoning
Authority, then the Architectural Review Board may require, as a
condition to the location of a swimming pool on a Lot, that the
Owner i~stall a mechanical pool cover. If the Board imposes such
requirement, then a mechanical pool cover of a type and
manufacture approved by ~he Architectural Review Board shall.be
installed by the Owner in compliance with all applicable legal
~equirements established by the Zoning Authority as a condition
16
·-----------
to such variance, and all requirements established by the
Architectural Review Board.
11. Windsor Grove Homeowners Association. Inc,
(a) Membership. Each {);,mer shall automatically be a Member
and shall enjoy the privileges and be bound by the obligations
contained in the Articles and By-Laws. If a Person would realize
upon his security and become an Owner, he shall then be subject
to all the requirements and limitations imposed by this
Declaration on other owners~ including those provisions with
respect to the payment of Assessments.
(bl Powers.
set forth in this
together with all
The Corporation shall have such powers as are
Declaration and in the Articles and By-Laws,
other powers that belong to it by law.
(cl Classes of Members. The Corporation shall have three
(3) cla.sses of members as follows:
Class A. Every Person who is an Owner shall be a Class
A Member.
Class B. Declarant shall be a Class B member. No
other Person, except a successor to substantially all of the
interest of Declarant in the Tract, shall hold a Class B
membership in the Corporation. The Class B ~ernbership shall
terminate upon the resignation of the Class B member, when
all of the Lots in the Tract have been sold, or-on December
31, 2020, whichever first occurs.
Associate Members. Individuals who are appointed by
any Member which is not a natural person pursuant to the
provi~ions of the Articles shall be Associate Members.
(d) Voting and Other Rights of Members.
other rights of Members shall be as specified
By-Laws.·.
The voting and
in the Articles and
(e) Reserve for Replacements. The Board of Directors shall
establish and maintain the Reserve for Replacements by the
17
allocation·and payment to such reserve fund of an amount
determined annually by the Board to be sufficient to meet the
cost of periodic maintenance, repairs, reI1ewal and replacement of
the Community Area. In determining the amount, the Board shall
take into consideration the expected useful life of the Community
Area, projected increases in the cost of materials and labor,
i~terest to be earned.by such fund and the advise of Declarant or
such consultants as the Board may employ. The Reserve for
Replacements shall be deposited in a special account with a
lending institution the accounts of which are insured by an
agency of the United States of_America or may, in the discretion
of the Board, be invested in obligations of, or fully guaranteed
as to principal by, the United States of America.
(fl Limitations on Action by the Corporation. Unless the
class B Member and (i) at least two-thirds of th~ Mortgagees
(based on one vote for each first mortgage owned) or (ii) two-
thirds {2/3) of the Class A members (other than Declarant) have
given their prior written approval, the Corporation, the Board of
Directors and the owners may not: (i) except as authorized by
Paragraph 14(a), ·by act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the Community Area (but the
granting of easements for public utilities or other public
purposes consistent with the intended use of the Community Area
shall not be deemed a transfer for the purposes of this clause);
(ii) fail to maintain fire and extended coverage on insurable
Community Area on·a current replacement cost basis in an amount
at least one hundred percent (100%) of the insurable value (based
on current replacement cost); (iii) use hazard insurance proceeds
for losses to any·Community Area for other than the repair,
replacement or reconstruction of the Community Area; (iv) change
the method of determining the obligations, assessments, dues o~
other charges that may be levied against the OWner of a
Residence; (v) by act or omission change, waive or abandon any
,scheme of regulations or their enforcement pertaining to the
architectural design or the exterior appearance of Residences, or
the maintenance and up-keep of the Community Area; or (vi) fail
to maintain the Reserve for Replacemen~s-in the amount required
by'this Declaration.
(g) Meroers. Upon a merger or consolidation of another
corporation with the Corporation, its properties, rights and
obligations may, as provided iri its articles of incorporation, by
18
operation of law be transferred to another surviving or
consolidated corporation or, alternatively, the properties,
rights and obligations of another corporation may by.operation of
law be added to the properties, ~ights and.obligations of the
Corporation as a surviving corporation pursuant to a merger. The
surviving or consolidated corporation may administer the
covenants and restrictions established by this Declaration within
the Tract together with the covenants and restrictions
established upon any other properties as one scheme. No other
merger or consolidation, however, shall effect any revocation,
change or addition to the covenants established by this
Declaration within the Tract except as hereinafter provi~ed.
(h) Termination of Class B Membershio. Wherever in this
Declaration the consent, approval or vote of the Class B member
is required, such requirement shall cease at such time as the
Class B membership terminates, but no such termination shall
affect the rights and powers of Declarant set forth in Paragraphs
lS(b), lS(f}, 16 or 20(b).
12. Assessments.
(a) Creation of the Lien and Personal Obliaation of
Assessments. Declarant hereby covenants, and each owner of any
Lot by acceptance of a deed thereto, whether or not it shall be
so expressed in such deed, is deemed to covenant and agree, to
pay to the Corporation the following: (1) General Assessments,
(2) Initial Capita~ Assessment and (3) Special Assessments, such
Assessments to be established and collected as hereinafter
provided.
All Assessments, together with interest thereon and costs.of
collection thereof, shall be a charge on the land and shall be a
continuing lien upon the Lot against which each Assessment is
made until paid in full. Bach Assessment, together with interest
thereon and.costs of collection thereof, shall also be the
personal obligation of the Person who was the OWner of the Lot at
the time when the Assessment became due.
(bl General ~Asessment.
(i) Purpose of Assessment. The General Assessment
levied ?Y the Corporation shall be used exclusively to
19
promote the recreation, health, safety, and welfare of the
Owners of Lots and for the improvement, maintenance and
operation of the C~mmunity Area.
(ii) Basis for Assessment.
(1) Lots G·enerally. Each Lot owned by a
person other than Declarant shall be assessed at
a uniform rate without regard to whether a
Residence has been constructed upon the Lot.
(2) Lots OWned by Declarant. No Lot owned
by Declarant shall be assessed by the Corporation
except such Lots as have been improved by the
construction thereon of Residences which shall be
subject to assessment as provided in Clause (1)
above.
(3) Change in Basis. The basis for
assessment may be changed-with the assent of the
Class B member and of (i} two-thirds (2/3) of the
Class A members {excluding Declarant) or (ii)
two-thirds (2/3) of the Mortgagees (based on one
vote for each first mortgage owned) who are
voting in person or by proxy at a meeting of such
members duly called for this purpose.
(iii) Method of Assessment. By a vote of a majority
of the Directors, the Board 9f Directors shall, on the basis
specif~ed in subparagraph (i!), fix.the General Assessment
for each assessment year of the Corporation at an amount
sufficient to meet the obligat~ons imposed by this
Declaration upon the Corporation. The Board·of Directors
shall establish the date(s) the General Assessment shall
' ' become;due, and the manner in which it shall be paid.
(iv) Allocation·of Assessment. The cost of
maintaining, operating, restoring or replacing the Community
Area has ?een allocated in this Declaration among Owners of
Lots on the basis. of the location of the lands and
improvements constituting the Colllll\Utiity Area and the
i~tended use thereof. In determining the General
Assessment, costs and expenses which in accordance with the
20
provisions of this Declaration are to be borne by all Owners
shall first be allocated to all owners. Costs and expenses
which in a~cordance with the provisions of this Declaration
are to be borne by the Owners of certain Lots shall then be
allocated to the Owners of such Lots. The provisions of . . .
subparagraph (ii) for uniform assessment shall not be deemed
to require that all asse·ssments agaiI).~t vacant Lots or Lots
improved with comparable types of Residences be equal, but
only that each Lot be assessed uniformly with respect to
comparable Lots subject to assessment for similar costs and
expenses.
(c) Initial Capital Assessment. on the earlier of (i) the
date a Lot is conveyed by Declarant to an Owner (other than the
holder of a first mortgage on such Lot in a conveyance which
constitutes a deed in lieu of foreclosure), (ii) the· date a
Residence constructed on the Lot has been certified for occupancy
by the Zoning Authority or (iii) the date a Residence on the Lot
is first occupied by an Owner upon completion of construction
thereof, there shall be due and payable to the Corporation by the
owner of such Lot the sum of Six Hundred Fifty Dollars ($650.00}.
In addition to the above, each time a lot is sold there shall be
assessed to the purchaser at closing a capital assessment in the
sum of Six Hundred Fifty ($650.00). All such sums shall be
deposited in the Reserve for Replacements maintained by the
Corporation.
(d) Special Assessment. The Corporat~on may levy in any
fiscal"year a Special Assessment applicable to that year and not
more than the next four (4) succeeding fiscal years for the
purpose of defraying, in whole or in part, the cost of any
construction, repair, or replacement of a capital irnprove~ent
upon or constituting a part of the Community Area, including
fixtures and personal property relating thereto, provided that
any such Assessment shall have the assen~ of the Class B Member
and of a majority of the votes of the Class A Members ·whose Lots
are subject to assessment with respect to"the capital improvement
who are voting in person or by proxy at a meeting of such Members-
duly called for this purpose.
(e) pate of commencement of Assessments. The General
Assessment shall commence with respect to assessable Lots on the
first day of the month following conveyance of the first Lot to
21
an Owner who is not Declarant. The initial Assessment on any
assessable Lot shall be adjusted according to the number of whole
months remaining in the a~sessment year.
(f) Effect of Nonpayment of Assessments, Remedies of the
Corporation. Any Assessment not paid within thirty (30) days·
after the due date may upon resolution of the Board of Directors
bear interest from the due date at a percentage rate no greater
than the current statutory maximum annual interest rate, to be
set by the Board of Directors for each assessment year. The
Corporation shall be entitled to institute in any court of
competent jurisdiction any lawful action to collect the
delinquent Assessment plus any expenses or costs, including
attorneys' fees, incu=ed by the Corporation in collecting such
Assessment. If the Corporation has provided for collection of
any Assessment in installments, upon defauft in the payment of
any one or more installments, the Corporation may accelerate
payment and declare the entire balance of said Assessment due and
payable in full. No Owner may waive or otherwise escape
liability for the Assessments provided for herein by non-use of
the Community Area or abandonment of his Lot.
(g) Subordination of the Lien to Mortgages. The lien of
the Assessments provided for herein against a Lot shall be
subordinate to the lien of any recorded first mortgage covering
such Lot and to any valid tax or special assessment lien on such
Lot in favor of any governmental taxing or assessing authority.
Sale or transfer of any lot shall not affect the assessment lien.
The sale or transfer of any Lot pursuant to mortgage foreclosure
or any proceeding in lieu thereof shall, however, ·extinguish the
lien of such Assessments as to p~yments which became due more
than six (6) months prior to such sale or transfer. No sale or
transfer shall relieve such Lot fr~m liability for any
Assessments thereafter becoming due or from the lien thereof.
(h) Certificate~. The Corporation shall, upon demand by an
Owner, at any time, furnish a certificate in writing signed by an
officer of the Corporation that the Assessments on a Lot have
been paid or that certain Assessments remain unpaid, as the case
may be. •
(i) Exemgt Property. The following property subject to
this Declaration shall be exempt from the Assessmen~s_, charge and
2i
lien created herein: (1) all properties to the extent of any
easement or other interest therein dedicated and accepted by the
local public authority and devoted tQ public use; (2) the
Community Area; (3) all properties exempt from taxation by state
or local governments upon the terms and to the·extent of such
legal exemption. Notwithstanding any provisions herein, no land
or improvements devoted to dwelling use shall be exempt from said
Assessments, charges or liens.
(j) Annual Budget. By a majority vote of the Directors,
the Board of Directors shall adopt an annual budget for the
subsequent fiscal year, which shall provide for allocation of
expenses in such a manner that the obligations imposed by the
Declaration will be met.
13. Architectural Control.
(a) The Architectural Review Board. An Architectural
Review Board consisting of three (3) ~ersons as provided in the
By-Laws shall be appointed by the Class B member. At such time
as there is no Class B member, the Architectural Review Board
shall be appointed by the Board of Directors.
(bl Purpose. The Architectural Review Board shall regulate
the external design, appearance, use, location and maintenance of
the Tract and of improvements thereon in such manner as to
preserve and enhance values and to maintain a harmonious
relationship among structures, improvements and the natural
vegetation and topography.
(c) Change in Conditions. Except as otherwise expressly
provided in this Declaration, no improvements, alterations,
repairs, change of colors, excavations., changes in grade,
planting or other work that in any way alters any Lot or the
exterior of the improvements located thereon from its natural or
imp~oved state existing on the date such Lot was first conveyed
in fee by the Declarant to an Owner shall be made or done witliout
the prior appr·oval by the Architectural Review Board of a Lot
Development Plan therefor. Prior to the commencement by an Owner
other than Declarant of (i) construction, erection or alteration
of any Residence, building, fence, wall, swimming pool., tennis
cou·rt, 'patio, pier, dock or other structure on a Lot or (ii) any
plantings on a Lot, a Lot Development Plan with respect thereto
23
,.
shall be submitted to the Architectural Review Board, and no
building, fence, wall, Residence, or other structure shall be
commenced, erected, maintained, improved, altered, made or done,
or any plantings made, by any Person other than·Declarant without
the prior written approval by the Architectural Review Board of a
Lot Develop~ent Plan relating to such construction, erection,
alteration or plantings. Such approval shall be in addition to,
and not in lieu of, all approvals, consents, permits and/or
V?riances required by law from governmental authorities having
jurisdiction over Windsor Grove, and no owner shall undertake any
construction activity within Windsor Grove unless legal
requirements have been satisfied. Each owner shall complete all
improvements to a Lot strictly in accordance with the Lot
Development Plan approved by the Architectural Review Board. As
used in this subparagraph (c), "plantings" does not include
flowers, bushes, shrubs or other plants having a height of less
than 18 inches. •
(d) Procedures. In the event the Architectural Review
Board fails to approve, modify or disapprove in writing a Lot
Development Plan within thirty (30) days after such plan has been
duly filed with the Architectural Review Board in accordance with
procedures established by Declarant or, if Declarant is no longer
a Class B member, the Board of Directors, approval will be deemed
granted. If Decla·rant is no longer a Class B member, a decision
of the Architectural Review Board may be appealed to the Board of
Directors which may reverse or modify such decision by a two-
thirds (2/3) vote of the Directors then serving.
le} Guidelines and Standards. The Architectural Review
Board shall have the power to establish such architectural and
landscaping design guidelines and standards as it may deem
appropriate to achieve the purpose set forth in subpa~agraph (o}
t~ the extent that such design guidelines and standards are not
in conflict with the specific provisions of this Declaration. If
Declarant is no l~nger a Class B member, any such guideline or
standard may be appealed to the Board of Directors which may
terminate or modify such guideline or standard by a two-thirds
(2/3) vote of the Directors then serving.
14. Community Area.
(al ownershio. .The Community Area shall remain private,
and neither Declarant's execution or recording of an instrument
24
portraying the Conummity Area, nor the doing of any other act by
Declarant is,. or is intended to be, or shall be construed as, a
dedication to t~e public of ~uch Community Area. Declarant or
.. the Corporation may, however, dedicate·or transfer all or any
part of the Community Area to any public age~cy, authority or
utility for use as roads, utilities, parks or other public
purposes.
(b) Density of Use or Adequacy. Declarant expressly
disclaims any warranties or representations regarding the density
of use of the Community Area or any facilities located thereon or
the adequacy thereof for the purpose intended.
{c) Obligations of the Corporation. The Corporation,
subject to the rights of Declarant and the Owners set forth in
this Declaration, shall be responsible for the exclusive
management and control of the Community Area and all improvements
thereon (including furnishings and equipment related thereto),
and shall keep the Community Area in good, clean, attractive and
sanitary condition; order and repair.
(d) Easements of Enjoyment. No Person shall have any right
or easement of enjoyment in or to the Community Area except to
the extent granted by, and subject to the terms and provisions
of, this Declaration or resolution adopted by the Board of
Directors. Such rights and easements as are thus granted shall.
be appu~tenant to and shall pass with the title to every Lot for
whose benefit they are granted. The Owners of Lots abutting the
Lake may use the Lake, but such use shall be limited to fishing
and such other uses as may be authorized by resolution adopted by
th~ Board of Directors. Each owner shall have 'the right to use
such parts of the Community Area as are reasonably required to
afford access to and from such Owner's Lot.
(el Extent of Easements.
created hereby shall be subject
The easements of enjoyment
to the following:
(il the right of the Corporation to establish
reasonable rules for the use of the Community Area;
(ii) the right of the Corporation to mortgage any or
all of the Community Area and the facilities constructed
thereon for the purposes of improvements to, or repair of,
the Community.Area or facilities constructed thereon,
25
pursuant to approval of the Class B member and (i} two--
thirds (2/3) of the votes of the Class A members (excluding
Declarant) or"(ii) two-thirds (2/3) of the Mortgagees (based
on o~e vote for each first mortgage owned), voting in person
or by proxy at a regular meeting of the Corporation or a
me~ting duly called for this purpose; and
(iii) the right 0£ the Corporation to dedicate or
transfer all o~ any part of the Community Area to any public
agency, authority or utility, but no such dedication or
transfer shall be effective unless an instrument signed by
the·class B member and (i} the appropriate officers of the
Corporation acting pursuant to authority granted by two-
thirds (2/3) of the votes of the Class A members (excluding
Declarant} or (ii) two-thirds (2/3) of the Mortgages (based
on one vote for each first mortgage owned), agreeing to such
dedication or transfer, has been recorded.
(f) Additional Rights of Uee. The members of the family
and the guests of every Person who has a right of enjoyment to
the Community Area and facilities may use the Community Area and
facilities subject to such general regulations consistent with
the provisions of this Declaration as may be established from
time to time by the Corporation and included within the Register
of Regulations. •
(g) Damage or Destruction by Owner. In. the event the
Community Area is damaged or destroyed by an Owner or any of his
guests, tenants, licensees, agents, or member of his family, such
Owner authorizes the Corporation to repair said.damaged area; the
Corporation shall ~ep~tr said damaged area in a good workmanlike
manner in conformance with the original plans and specifications
of the area involved, or as the area may have been modified or·
altered subsequently by the Corporation in the discretion of the
Corporation. The amount necessary for such repairs shall become
a Special Assessment upon the Lot of said Owner.
(h) Conveyance of Title. Declarant may retain the legal
title to the Community Area or any portion thereof until such
time as it has completed improvements t~ere9n, but
notwithstanding any provision herein, the Declarant hereby
covenants that it shall convey the Lakes and Lake Control
Structures to the Corporation, free and clear of all liens and
financial encuml:irances, not later than two {2) years from the.
26
date of this 9eclaration._ Owners shall have all the ·rights and
obligations ·imposed by this Declaration with respect to such
Community Area prior to conveyance, except that the Corporation
shall not be liable tor payment of taxes-and insurance for such
Community Area until title is convey~~-
1.5. Easements.
(a) Plat Easements. In addition to such easements as are
created elsewhere in this Declaration and as may be created by
Declarant pursuant to written instruments recorded in the office
of the Recorder of Hamilton County, Indiana, Lots are subject to
drainage easements, sewer easements, utility easements, entry way
easements, landscaping easements, lake access easements and non-
access easements, either separately or in any combination
thereof, as shown on the Plat, which are reserved for the use of
Owners, public utilities companies and governmental agencies as
follows:
(i) Drainage Easements. (DE) are created to provide
paths and.courses for area and local storm drainage, either
overland or in adequate underground conduit, to serve the
n~eds of Windsor Grove and adjoining ground and/or public
drainage systems; and it shall be the individual
responsibility of each Owner to maintain the drainage across.
his own Lot. Under no circumstance shall said easement be
blocked in any manner by the construction or reconstruction
of. any improvement, nor shall any grading restrict, in any
manner, the waterflow. Said areas are subject to
construction or reconstruction to any extent .necessary t·o
obtain adequate drainage at any time by any governmental
authority having jurisdiction over drainage, by Declarant,
and by the Architectural Review Board, but neither Declarant
nor the Architectural Review Board shall have any duty to
undertake any such construction or.reconstruction. Said
easements are for the mutual use and benefit of the Owners.
(ii) Sewer Easements. (SE) are created for the use of
the local government agency having jurisdiction over any
storm and sanitary waste disposal system which may be
designed to serve Windsor Grove for the purpose of
installation and maintenance of sewers that are a part of
said system.
27
(iii} Utility Easements. (UE) are created for the use
of Declarant, the Corporation and all public utility
companies, not including transportation companies, for the
installation and maintenance of mains, ducts, poles, lines
and wires,·as well as for all uses specified in the case of
sewer easements.
(iv} Entry Way Easements. (EWE) are created for the
use of Declarant, the Architectural Review Board and the
Corporation for the installation, operation and maintenance
of the Entry Ways.
(v) Landscaping Easements (LE) are created for the
use by Declarant, the Architectural Review Board and the
Corporation for the planting and maintenance of trees,
shrubs and other plantings.
(vi) Lake Access Easements. [LAB} are created for the
use of Declarant, the Corporation, the Drainage Board and
the Clay Township Regional Waste District for the purpose of
gaining access to the Lake, the Lake Control Structures, the
Drainage System and any sanitary sewer lift station in the
course of maintenance, repair or replacement of any thereof.
(vii) Non-Access Easements. (NAE} are created to
preclude access from certain Lots to abutting rights-of-way
across the land subject to such easements.
All easements mentioned herein include the right of reasonable
ingress and egress· for the exercise of other rights reserved. No
structure, including fences, shall be built on any drainage,
sewer or utility easement, but a paved driveway necessary to
provide access to a Lot from a public street or-Roadway shall not
be deemed a •structureu for the purpose of this Restriction.
(b} General Easement. There is hereby created a blanket
easement over, across, through and under the Tract for ingress,
egress, installation, replacement, repair and maintenance of
underground utility and service lines and systems, including but
not limited to water, sewers, gas, telephones, electricity,
television, cable or communication lines and systems. ~ virtue
of this easement it shall be expressly permissible for Declarant
or the providing utility or service company to install and
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F
maintain facilities and equipment on the Tract and to excavate
for such purposes if Declarant or such company restores the
disturbed area as nearly as is practicable to the condition in
which it was found. No sewers, electrical"lines, water lines,"or
other utility servtce lines or facilities for such utilities may
be installed or relocated in the Tract except.as proposed and
approved by_Declarant prior to the co~veyance of the first Lot in
the Tract to an Owner or by the Architectural Review Board
thereafter. Should any utility furnishing a service covered by
the general easement herein provided request a specific easement
by separate recordable document, Declarant or the Corporation
shall have the right to grant such easement on the Tract without
conflicting with the terms hereof. This blanket easement shall
in no way affect any other recorded easements on the Tract, shall
be limited to improvements as originally constructed, and shall
not cover any portion of a Lot upon which a Residence has been
constructed.
[c) Public Health and Safety Easements.
hereby created for the benefit of, and granted
fire protection, ambulance, delivery vehicles,
Persons to enter upon the Community Area in the
their duties.
An easement is
to, all police,
and all similar
performance of
(d} Drainage Board Easement. An easement is hereby created
for the benefit of, and granted to, the Drainage Board to enter
~he Tract and all Lots therein to the extent necessary to
exercise its rights with respect to all or any part of the
Drainage System or Lake Control Structures which are included
within any legal drain.
(e} Crossing Underground Easements. Easements utilized for
underground service may be crossed by driveways, walkways and
Lake Access Easements provided prior arrangements are made with
the utility company furnishing service. Such easements as are
actually utilized-for underground service shall be kept clear of
all other improvements, including buildings, patios, or other
pavings, other than crossings, driveways, walkways or Lake Access
Easements, and neither Declarant nor any utility company using
the easements·.shall be liable for any damage done by.either of
them or their assigns, agents, employees, or servants to
shrubbery, trees, flowers or other improvements of the Owner
located on the land covered by said easements.
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{f) Declarant's Easement to Correct Drainage. For a period
of ten (10) years from the date of conveyance of the first Lot in
the Tract, Declarant reserves a blanket e?sement and right on,
over and unde~ the ground within the Tract to maintain and to
correct drainage of surface wate~ in order to maintain reasonable
standards of health, safety and appearance. Such right expressly
includes the right to cut any trees, bushes or shrubbery, make
any gradings of the soil, or to take any other similar action
reasonably necessary, following which Declarant shall restore the
affected property to its original condition as nearly as
practicable. Declarant shall give reasonable notice of its
intention to take such action to all affected owners, unless in
the opinion of Declarant an emergency exists which precludes such
notice.
{gl Water Retention. The Owner of each Lot, by acceptance
of a deed thereto, consents to the temporary storag~ {detention)
of stonn water within the drainage easements (DE) on such Owner's
Lot.
16. Declarant•s Use During Construction. Notwithstanding
any provisions to the contrary contained herein or in any other
inst:rument or agreement, Declarant or its sales agents or
contractors may maintain during the period of construction and
sale of Lots and Residences in the Tract, upon such portion
thereof as is owned or leased by Declarant, such facilities as in
the sole opinion of Declarant may be reasonably required,
convenient or incidental to the construction and sale of Lots and
Residences, including, but without limiting the generality
thereof, a business office, storage area, construction yards,
signs, model Residences and sales offices.
17. Enforcement. The Corporation, any Owner or Declarant·
shall have the right to enforce, by proceeding at law or in
equity, all restrictions, conditions, covenants, reservations,
liens and charges-now or hereafter imposed by the provisions of
this Declaration, but neither Declarant nor the Corporation shall
be liable for damage of any kind to. any Person for failure either
to abide by, enforce or carry out any of the Restrictions. No
delay or failure by any Person to enforce any of the Restrictions
or to invoke any available remedy with respect to a violation or
violations thereof shall unde~ any circumstances be deemed or
held to be a waiver by that Person.of the right to do so
thereafter, or an estoppel of that Person to as·sert any right
30
available to him upon the occurrence, recurrence or continuation
of any violation or violations of the Restrictions. In any
action by Declarant, the Corporation or an Owner to enforce this
Declaration, such party shall be entitled to·recover all c~sts df
enforcement, including attorneys• fees, if it substantially
prevails in such action.
18. Approvals by Declarant. As long as there is a Class B
Member, the following actions shall require the prior approval of
D~clarant: the dedication or transfer of the Community Area; the
merger or consolidation of the Tract with other real estate;
mortgaging of the Community Area; amendment of this Declaration;
and changes in the basis for assessment or the amount, use and
time of payment of the Initial Capital Assessment.
19. Mortgages.
(a) Notices to Corporation. Any Owner who places a first
mortgage lien upon his Residence or the Mortgagee shall notify
the Secretary.of the Board of Directors of such mortgage and
provide the name and address of the Mortgagee. A record of such
Mortgagee's name and address shall be maintained by the Secretary
and any notice required to be given to the Mortgagee pursuant to
the terms of the Declaration, the Articles or the By-Laws (the
"Organizational Documents") shall be deemed effectively given if
mailed to such Mortgagee at the address shown in such record in
the time provided. Unless notification of any such mortgage and
the name and address of Mortgagee are furnished to the Secretary,
either by the Owner or the Mortgagee, no notice to any Mortgagee
as may be otherwise required by the Organi~ational Documents
shall be required and no Mortgagee.shall be entitled to vote by
virtue of the Organizational Documents or a proxy granted to such
Mortgagee in connection with the mortgage.
{b) Notices to Mortgagees. The Corporation shall promptly
provide to any Mortgagee of whom the Corporation has been
provided notice under subparagraph (a) above notice ,of any of the
following:
(i) Any condemnation or casualty loss that affects a
material portion of the Community Area;
(ii) Any delinquency in the payment of any Assessment owed
by the Owner of any Residence on which said Mortgagee
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holds a-mortgage'or any default by an Owner under the
Organizational Documents, if said delinquency or
default continues for more than sixty (60) days;
(iii) Any lapse, cancellation or material modification of any
insurance policy or fidelity bond maintained by the
Corporation;
(iv) Any proposed action that required the consent of a
specified percentage of Mortgagees; and,
(v) any proposed amendment of the Organizational Documents
effecting a change in (A) the interest in the Community
Area appertaining to any Residence or the liability for
Maintenance Costs appertaining thereto, (B} the vote
appertaining to a Residence or (CJ the purposes for
which any Residence or the community Area are
restricted.
(c) Notice of Unpaid Assessments. The Corporation shall,
upon request of a Mortgagee, a proposed mortgagee, or a proposed
purchaser who has a contractual right to purchase a Residence,
furnish to such mortgagee or purchaser a statement setting forth
the amount of the unpaid Assessments against the Residence and
the Owners, and any Mortgagee or grantee of the Residence shall
not be liable for, nor shall the Residence conveyed be subject to
a lien for, any unpaid Assessments in excess of the amount set
forth·in such statement.
(d) Financial Statements. Upon the request.of any
,Mortgagee, the Corporation shall provide to said Mortgagee the
most recent financial statement prepared on behalf of-the
Corporation.
(el Payments by Mortgaaees. Any Mortgagee may (i) pay
taxes or other charges that are in default and that may or have
become a lien upon the community Area or any part thereof .and
(ii) pay overdue premiums on hazard insurance policies or secure
new hazard insurance coverage for the Community Area in case of a
lapse of a policy. A Mortgagee making such payments shall be
entitled to immediate reimbursement from the Corporation.
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20. "Amendments.
(a} Generally. This Declaration may be amended at any time
by an instrument signed by {i} the appropriate officers of the_:
Corporation acting pursuant to the authority granted by not less
than two-thirds {2/3) of the votes of the Class A members cast at.
a (!leet"ing duly called for the purpose of amending this
Declaration and, to the extent required by Paragraph 1B, (ii)
Declarant.
(b) By Declarant. (i)Declarant hereby reserves the right
unilaterally to amend and revise the standards, covenants and
restrictions contained in this Declaration during the-period
prior to December 31,2015. Such amendments shall be in writing,
executed by Declarant, and recorded with the Recorder of Hamilton
County, Indiana. Except as p~ovided in (ii) below, no such
amendment, however, shall restrict or diminish the rights or
increase or expand 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 Residences at the time of such amendment. Declarant
shall give notice in writing to such OWners and Mortgagees of pny
·amendments. Except to the extent authorized in Paragraph lS(b),
Declarant shall not have the right at any time by amendment of
this Declaration to grant or establish any easement through,
across or over any Lot which Declarant has previously conveyed
without the consent of the Owner of such Lot.
• (ill Declarant shall have the right, at any time,
unilaterally, to amend and revise the standards, covenants and
restrictions .contained in this Declaration by platting, as an
additional lot, tpat portion of the original plat shown as Common
Area# 4, if the Zoning Authority approves such an amendment to
the plat.
(c) Effective Date. A"?Y amendment shall become effective
upon its recordation in the Office of the Recorder of Hamilton
County, Indiana.
21. Interpretation. The underlined titles p~eceding the
various paragraphs and subparagraphs of this Declaration are for
convenience of reference only, and none of them shall be used as
an aid.to the construction of any provision of this Declaration.
Wherever and wlienever applicable, the singular form of any work
• 33
, • shall be taken to mean or apply to the plural, and the masculine
·form shall be taken to mean or apply to the feminine or to the
neuter.
22. Duration. The foregoing covenants.and·restrictions are
for the mutual benefit and protection of the·present and future
·owners, the Corporation, and Declarant, and shall run with the
land and be binding on all parties and all Persons claiming under
them until December 31, 2015, at which time said covenants and ..
restrictions shall be automatically extended for successive
·periods of ten {10) years, unless changed in whole or in part by
vote of those Persons who are then the.Owners of a majority of
the Lots in the Tract.
23. Seyerabj1jty. Every one of the Restrictions is hereby
declared to be independent of, and severable from, the rest of
the Restrictions and of and from every other one of the
Restrictio~s, and of and from every combination of the
Restrictions. Therefore, if any of the Restrictions shall be
held to be invalid or to be unenforceable, or to lack the quality
,of running with the land, that holding shall be without effect
upon the validity, enforceability or "running" quality of any
other one of the Restrictions.
24. Non-Liability of Declarant. Declarant shall not have
any liability to an owner or to any other Person with respect to
drainage on, over or under a Lot. Such drainage shall be the
responsibility of the Owner of the Lot upon which a Residence is
constructed and of the builder of such Residence,,and an Owner,
by an acceptance of a deed·to a Lot, shall be deemed to agree to
indemnify and hola Declarant free and.harmless from and against
_any and all liability arising from, related to, or in connection
•with drainage on, over and under the Lot described in such deed.
Declarant shall have no duties, obligations or liabilit~es
hereunder except such as are expressly'assumeq by Declarant, and
no duty of, or warranty by, Declarant shall be implied by or
inferred from any term or provision of° this Declaration.
IN TESTIMONY WHEREOF, wi~ness the signatures of Declarant as
of the date set forth above.
Windsor Grove LLG
34
By >~;L
Steven Wils~~-Member
/James
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Steven Wilson, Richard
Carriger, and James Caito, all of the members of Windsor Grove
LLC, an Indiana limited liability company, who acknowledged the
execution of the above and foregoing Declaration of Covenants and
Restrictions for and on behalf of said limited liability company
pursuant to authority granted by its •organizational documents.
.t~SS my hand and Notarial '-i· , 2002
My Commission Expires:
Seal this ,'JI-/._ day of
Printed .
Residing in Hamilton County,
Indiana
This instrument prepared by Stephen A. Harlow, Attorney -at Law,
5845 Lawton Loop East Drive, Suite 1, Indianapolis, Indiana
46216.
35