HomeMy WebLinkAboutBridlebourne DocumentsCODE OF BY-LAWS OF
BRIDLEBOURNE LAKES HOMEOWNERS ASSOCIATION, INC.
A NOT-FOR-PROFIT INDIANA CORPORATION
ARTICLE I
Identification and Applicability
Section 1.01. Identification and Adoption. These By-Laws are
adopted to govern the Bridlebourne Homeowners Association, Inc. (the
“Association”) in the conduct of its activities and duties pursuant to the Articles of
Incorporation of the Corporation (“Articles”) and the Declarations of Covenants,
Easements and Restrictions for the various sections of Bridlebourne Subdivision,
as the same are recorded from time to time (herein collectively called the
“Declaration”). The Declaration is incorporated herein by reference and all of the
covenants, conditions rights, restrictions, and liabilities therein contained shall
apply to and govern the interpretation of these By-Laws. The definitions and
terms as defined and used in the Declaration shall have the same meanings in
these By-Laws, and reference is hereby made to the definitions in Section 1 of
the Declaration. The provisions of these By-Laws shall apply to the Common
Property and to the administration and conduct of the affairs of the Association.
Section 1.02. Individual Application. All of the Owners,
tenants, their guests and invitees, or any other person who might now or
hereafter use or occupy a Lot or any part of the Common Property shall be
subject to the rules, restrictions, terms and conditions set forth in the Declaration,
these By-Laws, and the Act, as the same may be amended from time to time.
ARTICLE II
Meetings of Association
Section 2.01. Purpose of Meetings. At least annually
and at such other times as may be necessary or appropriate, a meeting of the
Owners shall be held for the purpose of electing the Board of Directors,
approving the annual budget, providing for the collection of Common Expenses,
and for such other purposes as may be required by the Declaration, these By-
Laws, or the Articles.
Section 2.02. Annual Meetings. The first annual meeting
shall not be held until the time of turnover of control of Bridlebourne Lakes
Subdivision by Declarant or at such earlier time or times as may be determined
by the Declarant. All subsequent annual meetings shall be held on any date
selected by the Board of Directors which is within five (5) days of the anniversary
of the first annual meeting. At each annual meeting, the Owners shall elect the
Board of Directors of the Association in accordance with the provisions of these
By-Laws and transact such other business as may properly come before the
meeting.
Section 2.03. Special Meetings. A special meeting of the
members of the Association may be called by resolution of the Board of Directors
or upon a written petition of the Owners of not less than ten percent (10%) of the
Lots. The resolution or petition shall be presented to the President or Secretary
of the Association and shall state the purpose for which the meeting is to be
called. No business shall be transacted at a special meeting except as stated in
the petition or resolution.
Section 2.04. Notice and Place of Meetings. All meetings of the
members of the Association shall be held at such location within the State of
Indiana as may be designated by the Board of Directors. Written notice stating
the date, time, place of any meeting, and in the case of a special meeting the
purpose or purposes for which the meeting is called, shall be delivered or mailed
by the Secretary of the Association to each Owner and, if applicable, to any
Mortgagee not less than fourteen (14) days prior to the date of such meeting. If
at any meeting an amendment to the Declaration of these By-Laws is to be
considered, the notice of such meeting shall describe the nature of such
proposed amendment. The notice shall be mailed by first-class U.S. Mail,
postage prepaid, or delivered to the Co-owners at their respective addresses as
the same shall appear upon the records of the Association, and by U.S. Certified
Mail, Return Receipt Requested to the Mortgagees at their respective addresses
as they shall appear on the records of the Association, by such means as
provided in these By-Laws. Attendance at any meeting in person or by proxy
shall constitute a waiver of notice of such meeting.
Section 2.05. Voting.
(a) Number of Votes. To avoid fractional votes and to facilitate the
orderly conduct of the meeting, each Owner shall be entitled to cast one
vote on each matter coming before the meeting. The total number of
votes for or against any matter shall then be divided by the number of Lots
then in Bridlebourne Subdivision, as the same shall have been finally
platted from time to time, to determine the respective proportions of
Owners supporting or opposing such matter, or by the number of Lots the
Owners of which are present or represented at such meeting, to determine
the respective proportions of Owners present or represented at such
meeting supporting or opposing such matter.
(b) Multiple Owners. When the Owner of a Lot constitutes more than
one person or entity, or is a partnership, there shall be only one voting
representative entitled to cast the vote allocable to that Lot. At the time of
acquisition of title to a Lot by a multiple Owner or a partnership, those
persons constituting such Owner or the partners shall file with the
Secretary of the Association an irrevocable proxy appointing one of such
persons or partners as the voting representative for such Lot, which shall
remain in effect until such appointed representative relinquishes such
appointment in writing, becomes incompetent, dies, or such appointment
is otherwise rescinded by order of a court of competent jurisdiction. Such
appointed voting representative may grant a proxy to another to vote in his
place at a particular meeting or meetings pursuant to paragraph (d) of this
Section 2.05, which shall constitute relinquishment of his right to act as
voting representative for the Lot at such meeting or meetings.
(c) Voting by Corporation or Trust. Where a corporation or trust is an
Owner or is otherwise entitled to vote, the trustees may cast the vote on
behalf of the trust, and the agent or other representatives of the
corporation duly empowered by the board of directors of such corporation
shall cast the vote to which the corporation is entitled.
(d) Proxy. An Owner may vote either in person or by his duly
authorized and designated attorney-in-fact. Where voting is by proxy, the
Owner shall duly designate his attorney-in-fact in writing, delivered to an
officer of the Association prior to the commencement of the meeting.
(e) Quorum. Except where otherwise expressly provided in the
Declaration, these By-Laws, or the Articles, the presence of Owners or
their duly authorized representatives owning in excess of fifty percent
(50%) of the total Lots shall constitute a quorum at all meetings. The term
“majority of Owners”, as used in these By-Laws, shall mean, unless
otherwise expressly indicated, more than fifty percent (50%) of the total
number of Owners as determined by the applicable provisions set forth in
the Declaration, and the term “majority of the vote” shall mean a majority
of the Owners or votes present or represented at such meeting.
(f) Conduct of Meeting. The Chairman of the meeting shall be
the President of the Association. He shall call the meeting to order at the
duly designated time, and business will be conducted in the following
order:
(1) Reading of Minutes. The Secretary shall read the
minutes of the last annual meeting and the minutes of any special
meeting held subsequent thereto.
(2) Treasurer’s Report. The Treasurer shall report to the
Owners concerning the financial condition of the Association and
answer relevant questions of the Owners concerning the Common
Expenses and financial report for the prior year and the proposed
budget for the current year.
(3) Budget. The proposed budget for the current
calendar year shall be presented to the Owners for approval or
amendment.
(4) Election of Board of Directors. Nominations for the Board
of Directors may be made by an Owner from those persons eligible
to serve. Such nominations must be in writing and presented to the
Secretary of the Association at least ten (10) days prior to the
annual meeting. Voting for Board of Directors will be by paper
ballot. The ballot shall contain the name of each person nominated
to serve as a Board member. Each Owner may cast his vote for
each of as many nominees as are to be elected; however, he shall
not be entitled to accumulate his votes. Those persons receiving
the highest number of votes shall be elected.
(5) Other Business. Other business may be brought before
the meeting only upon a written request submitted to the Secretary
of the Association at least ten (10) days prior to the date of the
meeting; provided, however, that such written request may be
waived at the meeting if agreed by a majority of the vote.
(6) Committee Reports. Reports of committees
designated to supervise and advise on the respective segments of
maintenance and operations assigned by the Board of Directors
shall be presented.
(7) Adjournment. Upon completion of all business before
the Association, the President, upon the motion of any Owner, may
adjourn the meeting; provided, however, that no annual meeting
shall be adjourned until a budget is approved by the Owners for the
upcoming year.
Section 2.06. Control During Development. Notwithstanding
any other provision of the Declaration, the Articles, or these By-Laws, from and
after the date of the Declaration until the date when Declarant turns over control
of the Association to the Owners, as determined by Declarant within the
limitations set forth in the Declaration, the Articles shall be governed by the initial
Board of Directors appointed by Declarant. Said initial Board of Directors shall
exclusively hold all rights and powers which a Board of Directors or the
Association would have under the Declaration, the Articles, or these By-Laws,
except as specifically limited in this Section 2.06. Said initial Board of Directors
may appoint from time to time from among the Owners committees to advise and
assist it in the performance of its functions. The rights and powers of said initial
Board of Directors shall be limited as follows:
(a) The power of assessment shall be limited in that the total monthly
assessments in any month against any Lot during the first year after the date of
the Declaration shall not exceed Two Hundred Dollars ($200.00), and said
maximum amount shall not be increased in any subsequent year prior to turnover
by more than twelve percent (12%) each year.
(b) Said initial Board shall have no power to reallocate the voting
power among the Owners in any manner contrary to the Declaration.
(c) Said initial Board of Directors shall not take any action requiring the
vote or consent of any Mortgagee unless the vote or consent of such Mortgagee
is obtained.
Declarant shall have the right to waive, on behalf of the Association, the annual
meetings and annual accountings provided for in the Declaration, so long as
Declarant retains control of the Association. At the time of turnover of control by
Declarant, the first annual meeting of the Association will be called, at which time
the rights and powers of the initial Board of Directors shall terminate and the
Association shall thereafter be governed in accordance with the provisions of the
Declaration, the Articles, and these By-Laws other than this Section 2.06.
ARTICLE III
Board of Directors
Section 3.01. The affairs of the Association shall be governed and
managed by the Board of Directors (herein sometimes collectively called “Board”
and individually called “Directors”). The initial Board of Directors shall be
composed of three (3) persons appointed by Declarant. After the expiration of
the term of the initial Board of Directors as provided in Section 2.06 hereinabove,
the constituency of such Board may be increased to, but shall not exceed, nine
(9). The number of Directors shall be increased in accordance with this Section
3.01 only if the increase is properly brought before the Association at an annual
meeting or special meeting called for such purpose and approved by a majority
of the vote. No person shall be eligible to serve as a Director unless he is an
Owner or is an attorney, agent, or employee of Declarant.
Section 3.02. Additional Qualifications. Where an Owner consists
of more than one person or is a partnership, corporation, trust or other legal
entity, then the person entitled to cast the vote on behalf of such multiple Owners
shall be eligible to serve on the Board of Directors.
Section 3.03. Term of Office and Vacancy. The Board of
Directors shall be elected at each annual meeting of the Association subject to
the limitations set forth in Section 2.06 above. Any vacancy or vacancies
occurring in the Board shall be filled by a vote of a majority of the remaining
Directors or by vote of the Owners if a Director is removed in accordance with
Section 3.04 of this Article III.
Section 3.04. Removal of Directors. After the tenure of the
initial Board of Directors has expired, a Director or Directors may be removed
with or without cause by a majority of the vote at a special meeting of the Owners
duly called and constituted. In such case, his successor shall be elected at the
same meeting from eligible Owners nominated at the meeting. A Director
selected shall serve until the next annual meeting of the Owners or until his
successor is duly elected and qualified.
Section 3.05. Duties of the Board of Directors. The Board of
Directors shall perform or cause to be performed, when and to the extent
deemed necessary or appropriate in the Board’s business judgment, the
following:
(a) Repair and replacement of the Common Property;
(b) Procuring of utilities, removal of garbage and waste, and
snow removal from the Common Areas;
(c) Landscaping, painting, decorating, and furnishing of the
Common Property;
(d) Surfacing, paving, and maintaining roads and sidewalks, and
the regulation of the use thereof;
(e) Assessment and collection from the Owners of the Owner’s
pro-rata share of the Common Expenses.
(f) Preparation of the proposed annual budget, a copy of which
will be mailed or delivered to each Owner at the same time as the notice
of annual meeting is mailed or delivered;
(g) Preparing and delivering annually to the Owners a full
accounting of all receipts and expenses incurred during each year, which
accounting shall be delivered to each Owner simultaneously with delivery
of the annual budget;
(h) Keeping a current, accurate, and detailed record of receipts
and expenditures affecting the Property, specifying and itemizing the
Common Expenses; all records and vouchers shall be available for
examination by an Owner at any time during normal business hours;
(i) Procuring and maintaining in force all insurance coverage
required by the Declaration to be maintained for Bridlebourne Subdivision
as specified by Declaration; and
(j) Such other matters as may be required by the Plat
Restrictions or the Declaration.
Section 3.06. Powers of the Board of Directors. The Board of
Directors shall have such powers as are reasonable necessary or appropriate to
accomplish the performance of their duties. These powers include, but are not
limited to, the power:
(a) To employ a professional managing agent or real estate
management company (either being hereinafter referred to as “Managing
Agent”) to assist the Board in performing its duties;
(b) To purchase for the benefit of the Owners such equipment,
materials, labor, and services as may be necessary in the judgment of the
Board of Directors;
(c) To procure for the benefit of the Association fire and
extended coverage insurance covering the buildings and improvements on
the Common Property to the full insurable value thereof, to procure public
liability and property damage insurance and Workmen’s Compensation
insurance, if necessary, and to procure all such other insurance as is
required or permitted under the Declaration, for the benefit of the Owners,
the Association, and the Mortgagees;
(d) To employ legal counsel, architects, contractors,
accountants, and others as in the judgment of the Board of Directors may
be necessary or desirable in connection with the business and affairs of
the Association;
(e) To include the costs of all of the above and foregoing as
Common Expenses and to pay all of such costs there from;
(f) To open and maintain a bank account or accounts in the
name of the Association;
(g) To adopt, revise, amend, and alter from time to time
reasonable rules and regulations with respect to use, occupancy,
operation, and enjoyment of the Common Areas and Common Property;
provided that the Board shall give written notice to the Owners of such
rules and any revision, amendment, or alteration thereof; and
(h) Such other power as are necessary to carry out the
Association’s responsibilities under the Plat Restrictions, Declaration or
the Articles of Incorporation.
Section 3.07. Limitations on Board Action. After the tenure of
the initial Board of Directors, the authority of the Board of Directors to enter into
contract shall be limited to contracts involving a total expenditure of less than
Five Thousand Dollars ($5,000.00), unless the prior approval of a majority of
Owners is obtained, except in the following cases:
(a) Supervision and management of the replacement or
restoration of any portion of the Common Areas damaged or destroyed by fire or
other casualty, where the cost thereof is payable out of insurance proceeds
actually received; and,
(b) Proposed contracts and proposed expenditures expressly
set forth in the proposed annual budget as approved by the Owners at the annual
meeting.
The said $5,000.00 maximum shall automatically be adjusted every five (5) years
from the date of this Declaration to reflect changes in the purchasing power of
the dollars, as determined by the most recently published annual GNP Implicit
Price Deflator or any comparable, successor index.
Section 3.08. Compensation. No Director shall receive any
compensation for his services as such except to such extent as may be
expressly authorized by a majority of the Owners.
Section 3.09. Meetings. Regular meetings of the Board of
Directors may be held at such time and place as shall be determined from time to
time by a majority of Directors. The Secretary shall give notice of regular
meetings of the Board to each Director personally or by United States mail at
least five (5) days prior to the date of such meetings. At any time after the tenure
of the initial Board of Directors has expired, a special meeting of the Board may
be called by the President or any two members of the Board. The person or
persons calling such meeting shall give written notice thereof to the Secretary,
who shall either personally or by mail and at least three (3) days prior to the date
of such special meeting, give notice to the Board members. The notice of the
meeting shall contain a statement of the purpose for which the meeting is called.
Such meeting shall be held at such place as shall be designated in the notice.
Section 3.10. Waiver of Notice. Before any meeting of the Board,
any Director may, in writing, waive notice of such meeting and such waiver shall
be deemed equivalent to the giving of such notice. The presence of any Director
at a meeting shall, as to such Director, constitute a waiver of notice of the time,
place, and purpose thereof. If all Directors are present at any meeting of the
Board, no notice shall be required and any business may be transacted at such
meeting.
ARTICLE IV
Officers
Section 4.01. Officers of the Association. The principal
officers of the Association shall be the President, Vice President, Secretary and
Treasurer, all of whom shall be elected by the Board. The Directors may appoint
an Assistant Treasurer and an Assistant Secretary and such other officers as in
their judgment may be necessary. Any two or more offices may be held by the
same person, except that the duties of the President and Secretary shall not be
performed by the same person.
Section 4.02. Election of Officers. The officers of the
Association shall be elected annually by the Board at the first meeting of the
Board following each election thereof. Upon recommendation of a majority of all
members of the Board and upon an affirmative vote of a majority of all Owners,
any officer may be removed either with or without cause and his successor
elected at any regular meeting of the Board or at any special meeting of the
Board called for such purpose.
Section 4.03. The President. The President shall be elected
from among the Directors and shall be the chief executive officer of the
Association. After the tenure of the initial Board of Directors, he shall preside at
all meetings of the Association and of the Board, shall have an discharge all the
general powers and duties usually vested in the office of the president or chief
executive officer of an association or a stock corporation organized under the
laws of Indiana, including, but not limited to, the power to appoint committees
from among the Owners as he may deem necessary to assist in the affairs of the
Association and to perform such other duties as the Board may from time to time
prescribe.
Section 4.04. The Vice President. The Vice President shall
be elected from among the Directors and shall perform all duties incumbent upon
the President during the absence or disability of the President. The Vice
President shall also perform such other duties as these By-Laws may prescribe
or as shall, from time to time, be imposed upon him by the Board or by the
President.
Section 4.05. The Secretary. The Secretary shall be elected
from among the Owners or Directors. The Secretary shall attend all meetings of
the Association and of the Board and shall keep or cause to be kept a true and
complete record of proceedings of such meetings, shall perform all other duties
incident to the office of the Secretary, and such other duties as from time to time
may be prescribed by the Board. The Secretary shall specifically see that all
notices of the Association or the Board are duly given, mailed or delivered, in
accordance with the provisions of these By-Laws.
Section 4.06. The Treasurer. The Board shall elect from
among the Owners or Directors a Treasurer who shall maintain a correct and
complete record of account showing accurately at all times the financial condition
of the Association and such other duties incident to the office of Treasurer. He
shall be legal custodian of all monies, notes, securities, and other valuables
which may from time to time come into possession of the Association. He shall
immediately deposit all funds of the Association coming into his hands in some
reliable bank or other depository to be designated by the Board and shall keep
such bank account in the name and for the exclusive benefit of the Association.
Section 4.07. Assistant Officers. The Board of Directors may from
time to time designate and elect from among the Owners an Assistant Secretary
and Assistant Treasurer, who shall have such powers and duties as the Officers
whom they are elected to assist shall delegate to them and such other powers
and duties as these By-Laws or the Board of Directors may prescribe.
ARTICLE V
Additional Rights and Duties of Board
Section 5.01. Right of Entry. An Owner or occupant of a Lot
shall be deemed to have granted the right of entry to his Lot (but excluding the
buildings thereon) to the Board, the Managing Agent, or any person authorized
by the Board in case of any emergency, in order to remedy any circumstance
threatening his Lot, the building located thereon, or any other property or person,
whether the Owner is present at the time or not. Any Owner shall permit persons
authorized by the Board to perform any work, when required, to enter his Lot for
the purpose of performing installations, alterations, or repairs provided that
requests for entry are made in advance and that such entry is at a time
convenient to the Owner. In case of emergencies, such right or entry shall be
immediate.
Section 5.02. Right of Board to Adopt Rules and Regulations.
The Board may promulgate such reasonable rules and regulations regarding the
operation of the Property as the Board may deem desirable, including but not
limited to the use of the Common Areas and the Common Property. Such rules
as are adopted may be repealed or amended by a vote of a majority of the
Board. The Board shall cause copies of all such rules and regulations, including
any amendments or repeals thereof, to be delivered or mailed promptly to all
Owners at least fifteen (15) days prior to the effective date thereof. Any rule or
regulation promulgated by the Board shall be properly and consistently enforced
by the Board.
ARTICLE VI
Reserves and Funds
Section 6.01. Reserve and Working Capital Funds. The
Association shall be obligated to establish a reserve fund for the repair and
replacement of those Common Areas that must be replaced periodically, based
upon good faith estimates of the useful lives and replacement costs of such
Common Areas made or obtained by the Association. The reserve fund shall be
funded through the payment by the Owners of Common Expenses and not by an
extraordinary or special assessment. Extraordinary expenditures not originally
included in the annual estimate that become necessary during the year shall be
charge first against the reserve fund so established before any special
Assessment is made or levied therefore. In addition to the reserve fund, a
working capital fund shall be established and maintained by the Association. At
the closing of the initial sale of each Lot to an Owner, the purchaser of such Lot
shall deposit with the Association an amount equal to two months’ installments of
the Regular Assessment for Common Expenses for such Lot, which amount shall
be retained by the Association as working capital. Thereafter, each Owner shall
continue to maintain on deposit with the Association an amount at least equal to
one-sixth (1/6) of the Regular Assessment for Common Expenses for his Lot for
the current calendar year. Amounts paid or deposited into the working capital
fund shall not relieve an Owner from this responsibility for the Regular
Assessments due in accordance with this Article VI. All amounts held by the
Association pursuant to this Section 6.07 shall be maintained in a federally-
insured, interest –bearing account in a bank or savings and loan association
doing business in Hamilton or Marion County, Indiana, and all interest thereon
shall be added to and deemed a part of such fund. Notwithstanding anything
contained herein to the contrary, the Declarant shall not be required to maintain
on deposit with the Association the contribution to the working capital fund
described in this Section 6.01; provided, however, that the Declarant shall be
obligated to immediately make up any deficiency resulting from the excess of the
Declarant’s proportionate share of actual Common Expenses over the
Declarant’s Regular Assessments.
Section 6.02. Status of Funds Collected by Association. All
funds collected pursuant to this Article VI shall be held and expended by the
Association solely for the purposes designated herein and in the Declaration,
and, except for any special Assessments that may be levied against less than all
of the Owners, and except for such adjustments as may be required to reflect
delinquent or prepaid assessments, shall be deemed to be held for the use,
benefit, and account of all of the Owners for the payment of Common Expenses.
ARTICLE VII
Amendment to By-Laws
These By-Laws may be amended by Declarant in the same manner and to
the same extent as the Declaration; in addition, these By-Laws may be amended
by a majority of the Owners in a duly constituted meeting called for such
purpose, except that the right of amendment is exclusively reserved to the initial
Board of Directors during the period set out in Section 2.06 above, and except as
prohibited by any provision of the Declaration, the Act, or these By-Laws, as the
same may be amended from time to time.
ARTICLE VIII
Notices and Mortgagees
Section 8.01. Notice to Association. Any Owner who places a
first mortgage lien upon his Lot or the Mortgagee thereof may notify the
Secretary of the Association and provide the name and address of the
Mortgagee. A record of such Mortgagee and name required to be given to the
Mortgagee pursuant to the terms of the Declaration or these By-Laws 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 mortgages and
the name and address of the Mortgagee are furnished to the Secretary, either by
Owner or by the Mortgagee, no notice to any Mortgagee as may be otherwise
required by the Declaration or these By-Laws shall be required, and no
Mortgagee shall be entitled to vote on any matter on which he otherwise may be
entitled to vote by virtue of the Declaration or By-Laws or proxy granted to such
Mortgagee in connection with the mortgage.
Section 8.02. Notice of Assessments. Upon ten (10) days written
notice to the Association and the payment of a reasonable fee, the Association
shall deliver to any Owner, Mortgagee, prospective Mortgagee, title insurance
company, purchase or other prospective transferee of a Lot, a written statement
setting forth the amount of all unpaid assessments, if any, with respect to the
subject Dwelling Unit, together with the amount of the currents assessments for
Common Expenses and the date(s) such assessments become due and
payable. Any such written statement shall be binding upon the Association in
favor of any person relying thereon in good faith.
Section 8.03. Financial Statements. The Association, upon the
request of any Mortgagee, shall provide to said Mortgagee the most recent
financial statement prepared on behalf of the Association pursuant to Section
5.02 of these By-Laws.
Section 8.04. Notices to Mortgagees. The Association shall
promptly provide to any Mortgagee of whom the Association has been provided
notice under Section 8.01 of these By-Laws of any of the following:
(a) Any condemnation or casualty loss that affects a material portion of
the Common Property or the building(s) or improvements on any Lot securing its
mortgage;
(b) Any delinquency in the payment of Regular or Special
Assessments owed by the Owner of any Lot on which said holder, insurer, or
guarantor holds a mortgage, if said delinquency continues for more than sixty
(60) days;
(c) Any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Association; and,
(d) Any proposed action that requires the consent of a specified
percentage of Mortgagees.
Section 8.05. Availability of Information. The Association shall keep
and shall make available to prospective purchasers of Lots, upon request at
reasonable business hours, copies of the Declaration, By-Laws, current rules and
regulations, if any, and the most recent financial statement of the Association.
CERTIFICATION
The undersigned, being first duly Sworn, hereby certifies that the within
and foregoing Code of By-Laws of Bridlebourne Homeowners Association, Inc.
are true and correct.
________________________________
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Subscribed and sworn to before me, a Notary Public, in and for said
County and State this __________ day of _________________________,
1987.
Signature: _______________________
Printed: _________________________
NOTARY PUBLIC
My Commission Expires:
___________________ Resident of ______________ County
FOR
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TABLE OF CONTENTS
ARTICLE I .
ARTICLE XI.
Section 1 .
Section 2 .
Section 3 .
Section 4 .
Section 5 .
Section 6 .
Section 7 .
Section 8 .
Section 9 .
Section 10 .
Section 11 .
Section 12 .
Section 13 .
Section 14 .
Section 15 .
Section 16 .
Section 13 .
ARTICLE I11 .
Section 1 .
Section 2 .
Section 3 .
Section 4 .
Section 5 .
ARTICLE IV .
Section 1 .
Section 2 .
Section 3 .
Section 4 .
Section 5 .
Section 6.
Section 7 .
Section 8 .
Section 9 .
Section 10 .
Section 11 .
Section 12 .
Section 13 .
Section 14 .
Section 15 .
ARTICLE V .
Section 1 .
Section 2.
Section 3 .
Section 4 .
General Purpose Of This Declaration . .
Definitions For All Purposes .......... Of This Declaration
~ssessment ...............
Association .............. ........ Architectural Committee ........ Bridlebourne Subdivision
Common Areas .............. ............. CormPon Expense ............ Coaonon Property
Common Roads .............. ............... Declarant ............ Drainage System ............... msements ......... Equestrian Facilities
Lot ................a.
Mortgagee ...............
Owner ................. ............. sewage system .............. Water Supply
....... Use and Bulk Restrictions
............. Permitted Uses .......... Types of Structures
Setbacks ................ ............. WannerofIJse ............... Floor Area
.... General Rights and Restrictidns
Nuisances ............... ....... Fences; Bight Obstructions
Driveways ............... ............ Vehicle Parking
Signs ................. ....... Landscaping and Vegetation ...... Garbage and Refuse Disposal ............. Storage Tanks ........... Tree Preservation ....... Placement of Utility Lines ..... Obstruction of Common Property ............ Outdoor Lighting
Rights to Comnron Property ....... ..... Remedies for Failure to Comply
Lot Access ...............
Rights and Obligations
for Cemnon Structures .........
..... Easement for Common Structures
Maintenance and Repair of
Colunan Structures ........... .......... fnaurance. Casualty
Failure to Repair. Maintain or Reconstruct ................ Reaedies
ARTICLE VZ .
Section 1 .
......... Construction Approvals
plans. Specifications and Locations ............ of Improvements
Exercises of Discretion by Architectural
Conunittee ............... ........... Conrplction of Work
Section 2 .
Section 3 .
ARTICLE VII . Covenants Por Maintenance Assesslnents .
Purpose of the Assessments . . ........ Pro-rata Share
Liability for Assessments . .
Basis of Annual Assessments .
Basis of Special Assessments .
Fiscal Year: Date of Commence
of Assessments: Due Dates . .
Duties of the Association . .
Non-payment of Assessments; ... Remedies of Association ........ Adjustments ..... Initial Assessments
Section 1 .
Section 2 .
Section 3 .
Section 4 .
Section 5 .
Section 6 . mer
Section 7 .
Section 8 .
Section 9 .
Section 10 .
Organization and Duties ............. of Association
ARTICLE VIII .
Organization of Association ...... ... General Duties of the Association ........ Amendment of Declaration ............... Insurance ....... Condemnation. Destruction ......... Control ~E~Association ........... Hortgagees Rights ...... Dealing with Coaamon Property ........ Professional Management
Section 1 .
Section 2 .
Section 3 .
Section 4 .
Section 5 .
Section 6 .
Section 7 .
Section 8 .
section 9 .
........ Expansion of Subdivision ARTICLE IX .
..... Method and Scope of Expansion ........... Time For Expansion
Section 1 .
Section 2 .
ARTICLE X .
ARTICLE XI .
Reserved Easements ........... .................. Term
ARTICLE XI1 .
ARTICLE XI11 .
..... Private Amenities and Services
......... Equestrian Facilities
ARTICLE XIV . ........... General Provisions
...... Covenants Run With the Land ........... scope of $ovenants
Attorneys Fees ............
Failure to Enforce Not ........... a Waiver of Rights .......... Rights of Mortgagees ......... Effect of Invalidation ............ Section Headings ................ Not ices
Deed Clause to Implement Declaration . .
Proviaion Against Merger ........
Reservations of Dcclarant .......
Availability of Documents .......
Severability ..............
Section 1 .
Section 2 .
Section 3 .
Section 4 .
Section 5 .
Section 6 .
Section 7 .
Section 8 .
Section 9 .
Section 10 .
Section 11 .
Section 12 .
Section 13 .
DECLARATION OF COVENANTS.
EASEHEBITS AND RESTRICTIONS
FOR BRIDLEBOURblE SUBDIVISIONI SECTION ONE
THIS DECLARATION OF COVENANTS, WEIIENTS AND RESTRICTIONS
POR BRIDLEBOORNE SUBDXVISXON (*Declaration"), made this
305 day of 0.. , 1987, by Bridlebourne
;evelopment Company, an Indiana Partnership, (hereinaEter called
Declarant"),
WITNESSETH TEAT:
WHEREAS, the Declarant is the owner in fee simple of certain
real estate located in Marion County, Indiana, more particularly
described in the attached Exhibit A ("Real Estate"); and,
WREREAS, the Declarant is developing the Real Estate and
certain surrounding lands within the tract described in the
attached Exhibit B as a residential subdivision consisting of
detached, one-family dwellings located on separate lots, to be
known as "Bridlebourne SubdivlsionWI which shalL be platted by
Declarant in sections from time to time; and,
W£iERE&S, the Real Estate will be platted by Declarant as
Section One (1) of Bridlebourne Subdivision, in phases consisting
of one (1) or more Lots from time to time to be recorded in the
office of the Recorder of ILamiltan County, Indiana; and,
WEREAS, Wclarant desires to subject the Real Estate to
certain covenants in order to provide appropriate easements and
restrictions with respect to the use and enjoyment of common
structures as between attached dwellings and to ensure that the
development and use of the various lots on the Real Estate are
harmonious with and do not adversely affect the value ol:
surrounding lots on the Real Estate or within Bridlebourne
Subdivisions and
WHEREAS, the Declarant desires to provide for the mainte-
nance and repair of the Common Property (as herein defined)
located or to be located in Bridlebourne Subdivision, which is of
comnon benefit to the Owners of the various lots within said
subdivision, and to that end desires to establish certain
obligations on said Owners and a system of assessments and
charges upon said 0-vners for certain maintenance and other costs
in connection with the operation of Bridlebourne Subdivision;
NOW, THEREFORE, the Declarant imposes upon the Real Estate
the following covenants, which shall run with the Real Estate and
be binding upon Declarant and upon all successors to and assigns
of all or any part of Declarant's interest in the Real Estate:
ARTICLE I.
General Purpose Of: This Declaration
The Real Estate is hereby subjected to the covenants herein
declared to preserve the value of the Real Estate, to provide for
appropriate reciprocal rights and obligations between Owners with
re6plcct to Comon Property la6 herein defined) shared by then, to
ensure proper use and-appropriate improvemsnt~of the ~eil Estate,
to encourage the construction of attractive buildings and othor
attractive~improvements at appropriate locations on the Real
Estate. to Drevent had'laaard develoment thereof which MY be -~ ~
inharmonious-with othei improvements bn the Real Estate or within
Bridlebourne Subdivision, to preserve and maintain proper
setbacks from streets and adequate free space between structures,
to provide for adequate and proper maintenance of the Real Estate
so as to ensure a high quality apptarance and condition of the
Real Estate, all for the purpose of preserving the values of all
Lots within Bridlebourne Subdivision and to ensure desired high
standards of maintenance of the Real Estate, to the benetit of
all OMlers within Bridlebourne Subdivision.
ARTICLE 11.
Definitions For All Purposes Of This Declaration
The following term, whenever used in this Declaration,
shall have the meanings assigned to them by this Article If:
Section 1. Assessment. *Assessmentm means the share of the
Common Expenses imposed upon each Lot, as determined and levied
pursuant to the provisions of Article VI.
Section 2. Association. "Association* means Bridlebourne
Bomeowners' Association, Inc.. an Indiana not-for-profit corpora-
tion, formed or to be formed for the purpose of determining and
collecting the Assessments and overeeeing and enforcing the terms
of this Declaration.
Section 3. Architectural Conunittee. *Architectural
Committeem means the Declarant so long an any Lots remain unsold
by Declarant and so long as Bridlebourne is still subject to
expansion, and thereafter shall mean the Board of Directors of
the Association, or any group of not leas than three (3) persons
designated as the Architectural Comittee by resolution of the
Board of Directors, when and to the extent exercising any rights
oC consent pursuant to this Declaration. The term Architectural
Committee shall be the same committee aa the Bridlebourne
Development Control Committee as set out in the Plat Restric-
t ions.
Section 4. Bridlebourne Subdivision. The term
"Bridlebourne Subdivision" means and includes all sections
thereof as shall have been platted and recorded from time to time
by Declarant in accordance with the provisions of this Declara-
tion.
Section 5. Comon Areas. *Common Areas* means certain open
spaces or recreational or community facilities which may be
deaianated bv mclarunt as Common Area on the Blat or Dlats of
~rid~ebourne~~~bdivision, as the same may be ricorded fiom time
to time, and which is intended for the- common benefit of all
Lots.
Section 6. Comon Expense. *Common Expense" means the
actual and estimated cost to the Association for maintenance,
management, operation, repair, improvement, and replacement of
Colnmon Property, real estate taxes or personal property taxes
assessed against any Common Property, and any other cost or
expense incurred by the Asnociation for the-benefit of the Common
Property, and shall also include the cost of maintaining ths
landscaping upon the Lots it so desired by the Board of Directors
of the As~OCiation, and any other coat or expenre incurred by the
Association pursuant to this Daclaration or in the course of
performance of its duties under this Declaration. Colmaon
Expeness shall not include any costs or expenaes incurred in
connection with the initial inntallation or completion of the
Corambn Roads, utility lines and mains, street lights, or other
improvements constructed by Declarant.
Section 7. Coamaon Propert . "Common Property* means all
real and personal property whict is in the nature of common or
public improvements or areas, and which is located in, uponr or
under the Connon Areas. Easements, or Coaunon Roads within
Bridlebourne Subdivision, other than such as may have been
dedicated to the public and accepted for naintenance by the
appropriate public agencies. Without limiting the generality
thereof, Co~rmon Property shall include, to the extent not
publicly hdicated, all Cmwn Roads. curbs, water mains, fire
hydrants, the Drai~ge System, the Sevage System, street lights
and street signs, paths and sidewalks, lakes, retention ponds,
parks, and open spaces.
Section 8. Coamon Roads. "Comnon Roads* means those roads,
walkways, and similar areas, designated as such and shwn on the
plat or plats of Bridlebourne Subdivision, as the same slay be
recorded from time to time, which have been or hereafter are
constructed for the purpose of providing common access for
owners, occupants and their guests and inviteea, to any or all
Lots other than any that have been dedicated to the public and
accepted for maintenance by the appropriate public agency.
Section 9. Declarant. "Declarant" means Bridlebourne
Developncnt Company, an Indiana general partnership, or any other
wrson. firm. cor~oration or partnershig which succeeds to the =- --
interehts of. ~ridiebourne ~e~elopment company as developer of
Bridlebourne Subdivision as set eorth in a recorded instrument
expressly transferring the rights and obligations of Declarant.
Section 10. Drainage System. "Drainage System" means the
storm sewers. subsurface drainage tiles, swales, ditches, pipcs,
and other -structures, fixturks, properties, equipeni -and
facilities located in, upon, or under the Common Areas, Ease-
ments, or Coprmon Roads and designed for the purpose of expediting
the drainage of surface and subsurface waters from, over, and
across Bridlebourne Subdivision, other than such as may have been
dedicated to the public and accepted for maintenance by the
appropriate public agency.
Section 11. Essements. "Easements" refer to those areas
reserved as easements on the plat or plats of Bridlebourne
Subdivision, as the same may be recorded from time to time.
Section 12. estrian Facilities. The "Equestrian
Facilltiesm ahafl insudn all structures, paths, paddock areas,
fences and other Irajrovements designated as such by the Oeclarant
that are constructed and exist from time to time.
Section 13. Lot. "Lotn means any of the se rate parcel.
identnied on theiinal plat or plate of BriCbourne Sub-
division. as the same nav be recorded from time to time. Lots
shall be- numbered.
Section 14. Uortqaqee. The term "Mortgagee* means any
holder, insurer, or guarantor of any first mortgage on any Lot.
Section IS. Owner. uOwner" means any person or persons who
hold or ac u re onafter the date of this Declaration legal
and/or equltfable title to any Lot; provided, however, that
"Owner" shall not include any Mortgagee so long as such Mortgagee
does not hove possession of the Lot or hold both legal and
equitable title thereto.
Section 16. Sewage System. "Sewage System" means any
sanitary sewer lines, lift stations, equipment, or facilities
located in, upon, or under the Common Areas, Easements, or Corpnon
Roadways and denigned to provide for the discharge of sanitary
sewage from any or all Lots, a5 the Sam are or may be con-
structed at any time, and any replacement thereof or substitute
therefor, except such as may have been dedicated to the public
and accepted for maintenance by the appropriate public agency.
Section 17. Water Su . "Water Systema means any notable
ncluding wells, pump stations. fire or irrigation watt-
fighting cisterns, equipment or facilities located in, upon. or
under Carmon Areas, Easements, or Common Roadways and designed to
provide for the supply of water to any of the bts. as the same
are, or may be, constructed at any tine, and any replacement
thereof or substitution thereof, except such as may have been
dedicated to the public or public utility, and accepted tor
maintenance by such public agency or public utility.
ARTICLE 111.
Use and Bulk Restrictions
Section 1. Permitted Uses. The Real Estate and all
improvements on any portion thereof shall be used or occupied
only for residential purposes, with no more than one family-per
Lot. No business buildinas shall be erected thereon and no
cbmmercial enterprisa may b; conducted on any part thereof. blo
lease on any tot or portion thereof shall have a term of less
than six (6) months.
Section 2. s of Structures. No structure shall be
erected, altered,vaced, or permitted to remain on any Lot,
other than one detached, single-family dwelling, and permanent
accessory buildings. No such structures shall exceed two stories
in height without the approval of the Architectrual Cormnittee.
Any garages, storage building, or any other accessory building
erected or used as an accessory to a residence shall be of a
permanent type of construction and shall conform to the general
architecture and appearance of said residence. No trailers,
ehacks, outhouses. detached storage sheds or tool sheds of any
kind shall be erected or situated on any Lot, except such as my
be used by the builder during the construction of a residential
building thereon, and except such storage sheds or tbcl sheds as
may be approved by the Architectural Comnittee. Except as
provided in the preceding eentence, no structure of a temporary
or readily moveable character may be placed upon any Lot or used
as a residence.
Section 3. Setbacks. No building or other structure shall
be piaced closer than 95 feet from any right-of-way line of
Comoon Roadways, without the approval of the Architectural
Cornittee and, if necessary under applicable soning regulations
or re uirements, the approval of any toning authority having
jurisdlctlon thereoft provided, that Architeotural Committee
approval shall not be required for construction by Declarant. No
portion of any structure shall be placed closer than 40 feet to
any portion of any building already existing or under construc-
tion on any adjacent Lot at the time construction on any Lot
comences .
Section 4. Manner of Use. Each Owner shall use and occupy
his respective Lot and all easements and rights-of-way appertain-
ing thereto, in a careful, safe, and proper manner and keep his
tot in a clean and safe ccndition in accordance with this
Declaration, applicable aoning ordinances, all health, fire, and
police requirements and regulations, state statutes, local
ordinances, the lawful directions of proper public officials, the
Plat Restrictions set out in the plat of Bridlebourne Subdivision
and all rules and regulations as promulgated from time to time by
the Board of Directore of the Annociation. No Owner shall
conduct, or permit any pereon to conduct, any nuisance or any
unlawful activity on the Real Estate.
Section 5. Floor Area. The finished and liveable floor
area of the main structure on any Lot. exclusive of one story
open porches and garages and other attached residential accessory
buildinas. shall wt be less than 2,750 Muare feet without the
approvai bf the Architectural Cemitteo ad, if necessary under
applicable zoning regulations or requirements, the approval of
any zoning authorit having jurisdiction thereof; provided, that
Architectural Connfttee approval shall not be required for
construction by Declarant.
ARTICLE IV.
General Rights and Restrictions
Section 1. Iluisances. loo farm animals, fowl, or doneatic
animals for cmmmrcial purposes shall be kept or permitted on any
Lot. Pets shall be permitted outdoors only under leaah and
accompanied by an Owner or other person, and each Owner shall be
fully liable for any injury or damage to any person or to the
Common Property caused by his or her pat, and shall be tespon-
sible for removing Crom such areas his or her pet's waste
materials. The Board of Directors may adopt such other rules and
regulations regarding pets and otherwise dealing with the use and
enjoyment of the CorrPon Property and the Lots as it may deem
appropriate. In the event that in the judpent of the Board of
Directors, any pet is causing or creating a nuisance or distur-
bance or noise, such pet shall be rmnently removed from the
Real Estate upon written notice orsuch determination by the
Baard of Directors. No Lot or structure or improvement thereon
shall be used in any manner which causes or might reasonably be
expected to cause any disturbance to the normal use and enjoyment
of eurrounding Lots, nor in any manner which causes injury to the
reputation of Bridlebourne Subdivision, including, without
limitation, the burning of any retuse or excessive noise by the
une of any mueical instruments, loud speakers, electrical
equipment, amplifiers or other equipent or machines.
Section 2. Pencer; Sight Obstructions. All tenceB shall be
kept in good rsparr and erected so a6 to enclose the property and
decorate the same without hinderaace. encroachment. or obrtruc-
tion to any Easement, Eonrton Driveway, and the right-of-way line
for the Connon Driveways. No fence shall be erected between the
front Lot lines and the building retback line other than r fence
of a decorative nature and only with the approval of the
Architectural cumittee. Uo fence, wall, hedge or shrub planting
which obrtructr si ht lines at elevotionr between two and six
feet above the ad~oining Common Roadways shall be placed or
permitted to remain on any corner Lot within the triangular area
formed by the road Let lines and a Line connecting pointe twenty-
five (25) Leat from the fntersection of said street Lot Linas (or
in the case of a rounded property corner, Erom the intersection
of the street Lot lines extended to form a corner). As to any
trees located within said Sight line areas, the Owner thereof
shall maintain the foliage line of such trees at a sufficient
height to prevent obstruction of such sight lines.
Section 3. Driveways. All driveways shall be paved prior
to or as aoon as practicable after the conplation of the
construction of the dwellings in accordance with plsns and
spocifieations meeting the approval of the Architectural Commit-
tee. $.ch Owner shall maintain driveways located on his Lot so
as to prevent or repair unsightly cracking or crumbling, and
shall keep his driveway clean and free of debris.
Section 4. Vehicle Parkin . No camper, motor home, truck,
trailer, Wt. or r.aroationr1 !chicle oC any kind may LH stored
on any tot, except in an enclosed garage or other accessory
building. No vehicle shall be parked on a regular, recurrent, or
permanent basis on any Coemon Roadway. This Section 4 shall not
apply to any eonsttuction vehicles, trailers, or equipment of
-Larant or any othr builder in BridLebaurna Subdivision during
the development thereat.
Section 5. m. Wo siga of any kind shall be displayed
to the public vim on aey Lot (whether indoors or outdoors),
except that one sign of not mtc than six square feet may be
displayed Lor the purpose of advertising a house for sale. and
except for such signs as may be erected by the builders (includ-
ing Declarant) to advertise the property during construction and
sale, end except such other signs as nay be approved by the
Architectural Cap.itte8 and, if neceseary under appliuble zoning
regulations or rOqUi~Oment~, by any zoning authority having
jurisdiction thereof.
Section 6. Iandsca~ing and Vegetation. Each Owner shall
cause or permit all portions of his Lot upon which no other
ill~rovenents are constructed to be covered with arass. around
cober, trees, Llowerrr, or shrub, and shall cause or s&i< such
landscaping to be maintained properly, exce t prior to the
construction of any improvements thereon or furinp the period
when the dwelling or other improvements on the Lot are actually
under construction. Wo Owner, at any ti-, shall permit the
growth of weds on his Lot. and each Ovner shall cause or permit
the saw to ba kept reasonably clear from unsightly growth at all
times.
Section 7. Qarbaqe and Refuse Dismsal. No Lot shall be
used or maintained am a duping ground for trash. Rubbish.
garbage, or other waste mhall- not be kept on any Lot except in
sanitary, windproof containers. and such containets shall be kept
clean, shall be stored in the garage of sach respective unit
except for trash pick-up days and shall not otharwise be etored
on any Lot in open public view.
Section 8. Stora Rnks Any gas or oil storape tank8
used In connactio*'~haLl be either burled or located
in a garage or house such that they are coapletely concealed Lroln
public view.
Section 9. Tree Presarvatton. Uo trees my be removed from
any Lot wlthout tha approval of the Architectural Coaaittae. and
ap$iications lor sueh approval shall be aade to the Architectural
Committee in wtitinqt exuavt that such amroval shall not be - - required for Declarant .
Section LO. Placement of Utility Lines. All electrical
service lines, gas rrrvioe lines, televiaion lines, tel-na
liner, and all other lines or mains which may be used foi the
transmiasion oL any form of aatter or ener y, which nuy be
located on the Real Estate and which are not wfthin buildings or
structures or attaahod to the walls thereof, shall be placed
underground. All lines which serve any one tot shall be so
located as to ba accessible Eor naintenance and repair without
disturbance to structures and other permanent iaprovements on any
other Lot. To the extent that any lines or equipment of any
utility providing such services are situated on a Lot, such
utility shall have an raseaent for the installation, reconstruc-
tion, oparation and maintenance of such lines or equipment.
hotion 11. Obmtruction oL comon Property. Wo Owner shall
unraamonably Z'ntertere With, damage, or obstruct the usa or
maintenance of any Comaon Property, or Common Roadways,
Section 12. Outdoor Li htin . All outdoor lighting on an
Lot hall ba subject to Pthe !pproval of the Architectural
Comaittee, and all applications for auch approval shall ba in
writing, except that such approval shall not be requirod for
Declariidt .
Section 13. Rights to c Promrt . Titlo to a11 Caron
Property rhll be held in tbe Associati&- ~ach owner shall
have, as aoa-.xclusitro, reciprocal h...wats appurtenant to his
Let, a riqht of access to his mt over all Ccmon Radwaya. the
riqht to the use of all Common Areas for their intended gurposos
and the right of acms tberoto ever the CcPPn Roaduayr, and the
right of access to and use ot tM Water Bystm, Drainage Syrton,
the Sewage Systoa, and all utility Lines and aaim abutting or
adjacent to his Loti providod, however, that no Owner 'a use of
any Coa#n propocty shall materially interfere with any other
Qmer's use thereof.
Section 14. Itdies for Failure to C . In the event
that any Owner fails to fully observe a& the obligations
set forth in Article 111 or this Article IVd and in the further
event tbat sucb failure is not cured witbin thirtv l3OI davs
after written notice of the name is given by the Ass&idtion,-tire
Association and any Owner ahll have the right to cca6ence
judicial proceedings to abate or enjoin such failure, and to take
such further action as may be rllwod at law or in equity to
correct Such failure after roglreoc*runt of such proceedingr. In
the event that sucb failuro causer or threatens to caw ilwdi-
ate and substantial harm to any property outside of such dofault-
ing Owner's Ut or to any pOr8On1 the Association shall h.w tho
right to enter upon such Lot for the purpose of correctiml such
failure mu any harm or damage caured therob , without any
liability whatsoover on the part of the &n.ociat!rn. All -tn
incurrod by the Usociation in connection with any act or
proceding undortakon to abate, enjoin, or corroot such failure
shall be payable b the defaulting Owner upon -nd by the
Aslociation, and shaxl idiatel be- a lien against his lot.
subject to paymont and colloatton in the arnner providod in
Acticle V for aolleotion ot AS.cnsmont8. The ti hts ln the
Owners and the Alwoirtion under this Section 8k11 k in
addition to all other enCorecnunt riqhts hereunder or at law or
in equity,
Section 15. Lot Acce88. All Lots shall k recessed trm
tho intorlor Coeon Rordurys of the subdivision. Wo aaoesr 1s
permitted from Shelbouena mad.
ARTICLE V.
Rights and Obliaatlons f-t
t tor Caaaon Structures. Each Gtwr
right (subjoct to the previsions of this
Declaration) to use, oacupy. and enjoy his mt and tho irprovo-
ments conmtructed thereon.
tion 2 wirintenmce and Re lr of Cmwn Structures.
Each -1 h 6.*8.DO(UblO .Or YInteIYnae, teP.irr and
reconrtruotion of his Lot and all imrovemontm 1ocat.d thereon. - - - - - . - - - - - .
and shall keep the 8- In Gndition ad repair. Tho
Asaooiation eM11 have tbe ri~ht to eator upon wch Lot for tho
rforlunce of its maintenance and repair rights or duties
ereundor or under the Plat Rertrictions.
Section . Insurance C.s(ult . The As.ociation shall
luintdster pol- bf Insurazce aqainst tire and other
camualty. with rtandatd entaaded coverage endors.unt8, on a11
iaprovemmts om Ccwon Arms, in an amnt ma1 to the full
iniurable value oC such improwmntm. such- insurance shill
include l revlacenent cost mdorsaent and inflation auard ------ .---- andorrmnt {If obtainable) ad mhall na- as insureds tho
msociatioa. In the went tlut the hprwements on lay totrs)
are - Or dutrwad by AIIT WtUltYr the Ovnerts) thereof
shall repmir-or r-konitruct t6 HI. rubstratiaily to
their tion Miate11 mrior to such duaae or doatrrctioa,
prwidd. th.t subj&t to-t6e other provisio~ of this Doclara-
tiom, sucb auners may elect to r- the ruidlec of the
improvements rad construct new improvements therwn not necessar-
ily the sw a8 tho ones pteviauly colutructod.
Section 4. Nilure to Regair. Jhintain or iteronatruct*
R.ud'tes. n the event that any Ouner s 11 tai or refuse k
rAir. or reconstruct any imrxoFLants for which he is
responsible -under this Article ad all persist in such
failure or rrfuul after thirty (30) days prior written notice
thereof, then in addition to a11 other rlghts and remedies as uy
k available at 11 or in equity, the Association shall have the
right, upon a preliairury finding of reasonable cauor by any
court hrvi~p jurisdiction oC the partir or the property, to
enter upon such defaulting Omer'a Lot and perfor. all n+cessar
work thereon to return the improo-nts to good condition ad
rep~ir or to build such structures or iagrooacrrnts as are
necesoary to restore the imprwenents to a cmplrte and useable
architeutural unit. In the event that such failure or &efuml
shall result In any condition whicb is causiag or is likely to
cauu immediate and substantial btl to persona or propert
outside of much defaulting Owmrs8 Lot, such right ot entry aha11
be immediate. A11 oc#t8 inourrod is a result of such entry and
the work prCormd on such detaulting Ouner*s behalf (includl~
attorneys fees] shall b. p~yable on and by the party incur-
ring such c08tlr and shall corutitute a lien on 8uch defaulting
Owner's Lot lroa the &tats) Incurred in favor or the party
incurring much coats. Such lien shall be subordinate to the lien
ot any Ilortgager and the lien for Aasesuents hereinafter
provided.
ARTICLl VI.
Construation Amrwals.
Boation 1. Plans, S#aifiaations and tooations of Im~rw - w. wilmnp. structure, erivmmy. renee. wall. MtiZr
EIjiiElnq pool, landicbplnq, antenna* tennlr court, or 0th.; torn
ot lsprovmnt -11 be areatod, placed, or altered on &ny Lot
until the buikdlng plans, #p.oifi~&tl~nsr and plot plan shwin
the dealqn, dlmslonr, color, utar lala. and loartion thereo!
have hem rpprwM by the Archlt~tural Conrlttn a8 to their
confotalty and hammy of extatml derlgn with the exlrting
bulldlngs, rtruatures, and other i rovrrrrnts in Brldlebourno
Subdiulmlon. and as to mapliane. Xth appliaable law and tk.
oovenmts herein contained: provided, however, that no such
approval shall be required for any ilpr~nts constcuoted by
DecUrmt, If the Architectural Coamittw Calls to aot upon an
ens submitted to it tor approval uithin a period ot thirty (30
ys Crom the sukissioo date of such plans, ouch failure shal
be ded approval and the Gmet MY then premed with the
constructlon amording to the plans 8ubnitted. The Arahitectural
Couittee sh.11 not k entitled to any aorp.nution for servicrs
gertorud pursuant to this Article VI, exarpt as uy be approved
y the Wrd of Directors of the Aslociation.
8.ot ion Exercises OC OiSCc~tLon by Architectural
exercise oL discretion by
tor by this Declaration,
the Architeatural Ccrrittee shall exotci~a its discrstlan - - - - - - - - -
reasonably in viW of the qenet81 putgo~.-o~- thisDe~laration~
as set forth In Artiole 1, and in vlw ot any rp.oltic purposes
or standards whiah povern the s ific a roval or erurcioa oi?
direretion in question, as may ib.f speci& in the mockion or
sections of this Declaration relating thereto. The Architectural
Committee shall have no power to approve any plans that do not
coxply with the use and bulk restrictions set forth in Article
111 of this Declaration, or to vary or alter any other term,
condition, covenant, or restriction in this Declaration or Plat
Restrictions; unless express authority therefor is granted by
this Declaration or by the Plat Restrictions.
Section 3. Com~letion of Work. Upon receipt of all
awprovals reauired pursuant to this Article, each Owner shall. as
soon as pra6tical.- satisfy or cause to be satisfied all con-
ditions thereof and diligently proceed with the commencement and
completion of all approved construction. If work is not substan-
tially completed within eighteen months of the date of such
approval, or such longer period as the Architectural Committee
may approve prior to the expiration of such eighteen months, then
the approval of the plans for such work shall terminate automati-
cally without any further act by any person, and such Owner shall
not commence or continue such construction without further
approval of the Architectural Cornittee obtained in the manner of
the initial approval as hereinabove provided. Failure to comply
with the limitations set forth in this section shall constitute a
breach of this Declaration and subject the defaulting party to
all enforcement procedures set forth herein and any otner
remedies provided by law or equity. Furthermore, the Architec-
tural Committee, at its discretion, may declare auch uncompleted
improvement to be a nuisance and shall have all remedies provided
by law, in equity or in this Declaration, to abate such nuisance.
ARTICLE VII.
Covenants For Maintenance Assessments
Section 1. Purpose of the Assessments. The Assessments
leviea by the Association shall be used exclurively for the
ourwse of ~reservina the values of the Lots within Bridlebourne
kuGivision; as the -same may be platted from time to time, and
promoting the health, safety, and welfare of the Owners, users,
and occupants of the same and. in particular, for the improve-
ment, fencing, repairing, operating, and maintenance of the
Common Property, including, but not limited to, the payment of
taxes and insurance thereon, Eor the cost of labor, equipment,
material, and management furnished with respect to the Cannon
Property, and any and all other Cbmmon Expenses. Provided,
however, that the Squeatrian Facilities shall be exempted from
the Coawn Property and Comaon Erpenses for these, but solely Lor
theae, asoessient purposes. he mdintenance and operat'ional
exwnses of the Eauestrian Facilities shall be mid in accordance
with the grovisio!is of Article XIII. Each Owne; heraby &&enant;
and agrees to pay to the Association:
(a) A Pro-rata Share (as hereinafter defined) of the annual
Assessments fixed, established, and determined from
time to time as hereinafter proviUed.
(b) A Pro-rata Share (as hereinafter defined) of any
special Aasesaaents fixed, established, and determined
from time to tima, as hereinafter provided.
Section 2. Pro-rata Share. The Pro-rata Share of each
Owner For purposes of thim Article VII shall be the percentage
obtained bv dividina om bv the total number of Lots shwn on the - - . . . . . -. - -
plat or piats of &idleGurne Subdivision. as the same mav be
recorded from time to time.
Section 3. Liability for Assessnents. Each Assessment,
together with any interest ;hereon and any costs of collection
thereof. includina attornevs fees. shall be a charae on each Lot - - --
and shall conititiite a 1i& umn each Lot from and-after the due
date t!.areof in favor of the -Association. Each such Assessment,
together with any interest t,hereon and any costs of collection
thereof, including attorneys Fees. shall also be the personal
obligation of the Owner of each Lot at the time vhen the Assess-
ment is due. However, the sale or transfer of any Lot pursuant
to mortgage foreclosure or any proceeding in lieu thereof shall
extinguish the lien of scch Assessments as to payments which
become due prior to such sale or transfer. The lien for any
Assessment shall for all purposes be subordinate to the lien of
any Mortgagee whose mortgage was recorded prior to the date such
Assessment first became due and payable. No sale or transfer
shall relieve such Lot from liability for any Assessments
thereafter becoming due or frofa the lien thereof, nor shall any
sale or transfer relieve any Owner of the personal liability
hereby imposed. The personal obligation for delinquent Assess-
ments shall not pass to any successor in title unless such
obligation is expressly assumed by such successor.
Section 4. Basis of Annual Assessments. The Board of
Directors of the Association shall establish an annual budget
prior to the beginning of each fiscal year. setting forth all
anticipated Common Expenses for the coming fiscal year, together
with a reasonable allowance for contingencies and reserves for
periodic repair and replacement of the Conimon Property. A ~opy
of this budget shall be delivered to each Owner within thrrty
(30) days prior to the beginning of each fiscal year of the
Association. Such budget, when approved,m shall constitute the
basis on which the "Annual Assessments are determined for
purposes of this Declaration.
Section 5. Basis of Special Assessments. Should the Board
of Directors of the Association at any tiae during the fiscal
yr determine that the Assessments levied for such- year may be
nsufficient to pay the Common ExWnSes for such vear. the Board
of Directorst shall- call a speciai meeting of the-~saociation to
consider imposing such special Assessments as may be necessary
for meeting the Common Expenses for such year. A special
Assessment shall be imposed only with the approval of two-thirds
(2/3) of the Owners, and shall be due and payable on the date[s)
determined by such Owners, or if not ao determined, then as may
be determined by the Board of Directors.
Section 6. Fiscal Year; Date of Commencement of Assess-
ments; Due Dates. The fiscal year of the Association shall 6e
established by the Association and may be changed from time to
time by action of the Association. The ~nnuai Assessments on
each Lot in each section of Bridlebourne Subdivision shall
commence on the first day of the first nonth following the month
in which Declarant first conveys ownership of any Lot in such
section to an Orrner and shall be due and payable in monthly
installments on the first day of each and every month thereafter;
except as may otherwise be established by the Board of Directors
by notice to the Owners: provided, that if any Lot is first
occupied for residential purposes prior to being conveyed by
Declarant, full Assessments shall be payable with respect to such
Lot commencing on the first day of the first month following the
date of such occupancy. The Declarant shall be liable for and
shall make up any deficit in the budget for the Common Expenses
for any year in which Declarant controls the Association, and
notwithstanding the preceding sentence, the Declarant shall pay
an asoessinent on each tot mneC by it equal to twenty-five
percent (25%) of the full annual Assessment against any ~ot,
until such time as full Assessments become applicable to the Lot
under the terms of the preceding sentence. The first Annual
Assessment within each section shall be made for the balance of
the fiscal year of the ~ssociation in which such Assessment is
made, and the Board of Directors may from time to time by
resolution authorize the payment of such Assessments in monthly,
quarterly, semi-annual or annual installments on such date or
dates as it deems appropriate.
Section 7. Duties of the Association.
(a) The Board of Directors of the Association shall cause
proper books and records of the levy and collection oE
each annual and special Asseesment to be kept and
maintained, including a roster setting forth the
identification of each and every Lot and each Assess-
ment applicable thereto, which books and records shall
be kept in the office of the Association and shall be
available for the inspection and copying by each Owner
(or duly authorized re3resentative of any Owner) at a11
reasonable times during regular business hours of the
Association. The Association shall cause audited
financial statements to he prepared at least annually
for each fiscal year of the Association, and shall
furnish copies of the same to any Owner or Mortgagee
upon request. The Board of Directors of the Associ-
ation shall cause written notice of all Assessments
levied by the Association upon the Lots and upon the
Owners to be mailed to the Owners or their designated
representatives. Notices of the amounts of the Annual
Assessments and the amounts of the installments thereof
shall be sent annually within thirty (30) days
following the determination thereof. In the absence of
any notice regarding the amount of the Annual Assess-
ment, each Owner shall continue to pay the monthly
amount for Annual Asaessments previously paid by such
Owaer. Notices of the dntounts of Special Assessments
shall be sent as promptly as practicable and in any
event not less than ten (10) days prior to the due date
of such Assessment or any installment thereof. In the
event notice of any Special Assessment is mailed less
than ten (10) days prior to the due date of the
Assessment to which such notice pertains, payment of
such Assessment shall not be deemed past due for any
purpoae if paid by the Owner within ten (10) days after
the date of actual mailing of such notice.
(b) The Association shall promptly furnish upon request to
any Owner, prospective purchaser, title insurance
company, or l4ortgagee a certificate in writing signed
by an officer of the Assooiation, setting forth the
extent to which Aasessaents have been levied and paid
with reepect to any Lot in which the requesting party
has a legitimate interest. As to any person relying
thereon, such certificate shall be conclusive evidence
of payment of any Assesantent therein stated to have
been paid.
(c) The ~ssociation shall notify any MortgaSee from which
it has received a request for notice: (a) of any
default in the performance of any obligation under this
Declaration by any Owner which is not cured within
sixty (60) days; (b) of any condemnation or casualty
loss that affects either a material portion of
Bridlebourne Subdivimion or the Lot securing its
mortgage; (c) of any lapse, cancellation, or material
modification of any insurance policy or fidelity bond
required to be maintained by the Association; and (d)
and proposed action which requires the consent of the
Mortgagees or a spccifiad percentage thereof, as set
forth in this Declaration.
Section 8. .tion. Won-p.ymant of A88eSSwntl# Remedies of Aeroai-
(a) If any Aasesswnt is not id on the date when due,
then such Asse8sment shalybe domed delinquent and
shall, together with any interest thereon and yy cost
oS aollection thereof, including attorneys fees,
become a continuing lien on the tot against which such
Assesanent was -do, and such lien mhall be binding
upon and enforceable as a personal liability of the
Ownor of such Lot as of the date of levy of such
Assessment, and shall be enforceable against the
interest of such Owner and a11 future succ8ssors and
asaigneos of such Owner in much Lot; provided, however,
that such limn shall be subordi~te to any firat
mortgage on much Lot recorded prior to thri date on
which such Anm~omnent beacmes due.
(b) If any Assessrent upon any Lat is not paid within
thirty (30) days after the due date, auah AS80SS~ent
and ~11 costs of collection thereof, inaluding attor-
neys fees, rhall bear interest from the date of
delinquency until paid at a rate of eighteen porcmt
/ld8) per annun and the Association may bring an action
in any caurt having j~rirdi~ti~n aminat the deli
-r to en~~rw pa nt ot the and/or toZ2
close the lien agact mid Olller*. Lot, and thee
shall be rddM to the amount of sub Asmessmnt a11
Cost8 of such action, including tha hs.ociation*s
attorn s fw, and in the ewnt a ju nt is
obtaia. such idgynt shall includo sueh%erest,
costs, and attorneys fees.
Section 9. M lutarnt.. In the event that the amounts
actuany uprdc.%hsociatta for -n -.or in any
fiscal year exaed the mnts budgeted and uw-.d for Coron
Erpcmes for tlut fisaal mar. the amount at such d.f icit -11
be- carried over and bus& an additional &is for A.rcssments
Lor the following fiscal year, except that so long u the
Declarant controls the &80ciation, Doclarant shall be respon-
sible for such deficit. Tberaafter. such deficit ny be recouped
either by inclusion in the budget for Annual -nts or by
the Wing of om or more *cia: ibmmmenta for such purpose,
at the optioa of the A..ociatfon. In the eveot tbt t& amunts
budgetdl and assmssed for Comon Expo- in an fiscal yut
ex- tht amount aemmlly ap.m t~ ~uoeiatlat for -
mpenaes for that fiscal par, a Pro-rat& &re & such oxemu
shall be a arodit against tbe kw~t(~) duo Irm rrcb Ounn
for the next fiscal yearts), in nub, amounts u the Board ot
Directors shall dea appropriate.
Saction 10. Initial Aaw8mnts. During the first par
following tlu &te of reaordation or tb. Dechratiao for section
Onc of Bridlebau~ne Subdivi~i~nr th, total w~ts per toL
shall not be incru bv more than tha t-1- mr-nt (121) over --- - -----
the prior ymar. until Joeb tiw u the kchirant reiinqilshea
control Of tb Jumci.tioo.
ARTICLE VTII.
Orwaairatioa and Duties of aiation
r- ----- --- --
Articles of rncocporatioi and Wtwr thereof. The menbegship of
the nasociation shall consist of one clas8 of voting mambars,
with each maber having equal voting rights. The omership of
each Lot shall entitle each Owner entitled to one vote for each
Lot and fraction81 Lot owned by said Owner. The mmbars of the
Association shall conalst oL the Owners of Lots in Bridlebourne
Subdivision, a6 the same my b. platted from time to tiae. In
the event th8t any one Lot shll be owned by nor. than one
person. partnershipr trustr corporation, or other entity, they
shall be treated ~llectfvely as one mrnbar tor votlng purpoaes~
so that as to any mrtter baing considered bg the Associationr
only one vote appertains to each Lot.
Section 2. General Duties of the Association. The As~oci-
ation is here authoriaed to act and shall act on behalf of, and
in the name, %ace, and stoad of, the individual ownera in a11
matters pertaining to the maintenance, repair, and replacement,
of the Cormun Pr rty, and (my with respect to all landamping
eterailution of Coanon Expensesr the colleotion on any Lot), thaT
of annual and special U8ersmentar and the ranting of any
a rovals uluneoer and to the extant called tor %y this mclara-
tgn, Cor the -n benetit of a11 such Omerr. The 48-iation
rhll aleo bve th. right. but not tha ~bliptiofi, to act on
behalf ot any Omat or Owtl.rs in seeking enforcement ot tho
term, COWMnt8r conditiocl. and reatrictions uontained in this
Declaration. Illritbr the mwciation nor its oLficors or
authorized agents ehll h8~ any liabilit wh.tsower to any
Ouaar for my 8otioa taken under color 01 authority of this
Oeelaratioa, or tor my failure to tde any action callsd tor by
this ~eol8t~tiOOr onleu such act or failure to aet is in the
nature of a willful or rwkless dimregard of the rights of tb.
Owners or in tho nature of willful, intentional, fraudulent, or
rockle3s dcconduot.
Sctioa 3. Aundnnt of D.cl8ratioa. The Association -11
bav~ nriObt to this Declaration 8t my tiwr ad Cram
the to time ppoa th. r-abtion 0t an 8WabMt to tbl
Association by its &8td of DfrOCtor~r and th8
apprcvnl - rr-nt both tbo -rs ot
seventy-flvm percmt [?St) of the Lots and ninety ptcent (90))
of the ~ort-r prwided, howaver. that any sucb uudmnt of
this Declaratioa -11 require prior written 8 wal of tbo
Dulrtant so long u 0.claraat om any tots rithrBridl-rn.
Wiviei-. El& .ucb -t mt b. Wid.ncrd bl( a writ-
iastrunent, s1pl.d .nd aeknou1.dp.d bl, QPly authorized officers
of th3 Ib.ocri.ti-. md by o.clu8et whet4 its .porCwal is
rrpired. setting forth filcta sufticimt to indiorte cagli.nor!
~itb this plrwrmr *lUdiDQ 88 a .*bibit Ot th0r.W
a cmrtified ao@p ot th. dol~tos of tbo k#oi.tion mati at
crhich the -ry actions -re tamn, we -t Li
ant b- offecticn -ti1 rlrcordsd in the offlce of the Bworder of
gull .~n Coluty.
in to-ce
($3rO03,OCO.@O) 0.C -ttm em p.t-1 it4j~v 8d 011.
JIillio~ Dollar8 ($l.OO@.W@.OO~ per oacurrm Lor property
me.
B i3uoaiarioa sb.1 alw riat8ia fa to- tbe -tat
casual:y poliq referrad to is Article V breirubon, and shall
rriotr.n -U fir* ud gt.od.d awerw Inrrrana toc a11
n erapert Poo th Weefit & all Orrwrs .ad &rt in
Itidlc~ouru Livisiw. i-riq .p.inst tire. wXZEon.
v.d.1~111. w~ swa ether b.urd. as w
st&a:d W.U -4 C~L.ien'. In LI Sb&*...
tlY fall ia#r.bl. ulw ob -en CarPa Property, and sb.11
contain the following endors~~~ents, if and to the extent obtain-
able at a reasonable cost in the State of Indiana: ti) raplace-
ment cost8 {ii) inflation guard; (iii) demolition cost, contin-
gent liability, and increased construction coat in connection
with Building code requirementst and (iv) steam boiler coverage
(if applicable). In the event that all or any part of the Coerpon
Property is determined to be in a flood hazard area, the
Association shall also obtain a master policy or flood ins~rance
on all structure6 and Improvemants on Common Property within such
flood hazard aone, in an amount at least equal to the lesser of
100% of the current replacemnt coot of all insurable property
within the flood haaard area, or the maximum coverage available
for such property under the National Flood Insurance Program.
me uounte of coverages under the foregoing policies shall be
iocreased frat tima to time to cover all additions to
Bridlebourne Subdivision.
C. The Association also shall obtaln eonprehemive public
liability insurance together with Workmen's Cornpansation Insur-
ance. employers liability fnsurmce, and such other liability
i~~rance, with such coverages and limits, as the Board or
Dirwtorr deems appropriate.
All policies of insurance of the character described above
ahall contain an endorsement or clause whereby the insurer waives
my ri ht to be subtogated to my claim against the ~os~~i.tionr
its of!icersr the Beard of Dirmctors. th. DOUlarant, any klugi
+t, their respcti~r employees and agents, or the Ouners, a%
shall further mtain a clause whoreby the insurer uaitns any
bhnrm bad on acts of individual Owners whore interests are
icuurrd therdmr. and shall aover claiu of one ot rote insured
partima against 0th.. insurmd parties. All such policies shall
name the Association. tor the use and benefit of the Owrurs, as
tho insureds and shall prohibit any uncellatiea or substaatial
moditicatioe to average witbut at least ten (10) day's prior
written notice to the Auociation and to tbr Mort . Such
inmarma sttall iwre to the benefit of the 2Etoa. ttm
Bo8rd of Dir.ctors. ad aay arr~ginq sent or company acting on
bdulf of the Amoeiatiaa.
D. The Association shall obtain a fidelity bwd indraity-
iag ths Association, tho mrd of Directors, and the Owners tor
lou of funds resaltiz fra fraudulent or dishonest acts oL any
-T or officer tbm ikrocriatioa or of any other per.0~1
b6nUl ag the fad8 af elm Association or the -ra, vhich bond
sball k written in m ..ocpnt aqud to at 1-t ma hundred fifty
0.r- (150%) of tb. eatisatad m110.1 operating rxp.aur tor
*idlmrae smbdivisioal.
8. Ul policies of insurance uintaind by the (U.oci.tion
gar-t to ttbb &ctiao all rwi9 sucb coverages and b. in
.pCh -ts as may tm -trod Pra time to tiu -I OBUE.
PIIh or VA. A11 policin -11 contain a clause uhereby tb.
inmrmr .gr.# to mi& written noti- to the Auochti-. to
Alll), .ad to any other lendiag Il#titotiom' or mncy rcqclntiag
at r.poIrInp the rrw, prI% to r cancollation or material
oditieatim -mot. ruffiazon sh.11 notify .?I Wort- - oC *oh it bo notice of any l.p.er cancel-tion, or
rtrrid -fieation of any insurance po~icy.
F. ~.d, owmet -11 ban the right to rch.ra any -I-
CI-1 i-t- u he .., d." -sat Se -r -1 k aol.1~ -ible foe la6 d oc to h& r-1
ptqprtr b~. lot* wc mr incldiag aBf ttoot
ud -1 oomiags. appli.nca8. fa~n1tu~~ .od betterwnts
1-bd by tho mr. Wch Ommr -11 k, solely r
mini- his a ssmmr- co car any - lor. Z8YZP
Section 5. Condamation, Destruction. In the event that
any or the Common Property shall be condamned or taken by any
conrrwtent wblic authority. or in the event the same shall be
druaigad or- destroyed by ;ay cause whatsoever, tha ~ss%iation
shall repreaent the interests of the Owners in any proceedinqs,
n.~otiatIono, inrurance ad justmnts, set tlemnts, -of agreements
in connection with auch condemnation. damas. or destruction.
my sums recovered by the Association tihall bi applied, first, to
the restoration and repair of any Conman Property condemned,
damaged, or destro ad, to the extent such restoration or repair
is ptacticable, antK the balance of auch sums shall either be held
as a reserve for future maintenance of the Common Property or
turned over to the Owners in proportion to their Pro-Rat. Shares,
whichever may be determined by a majority vote of the members of
the Alsociation. Bach Owner shall be responsible for pursuing
his own action Cor damages to his Lot, either by reason of direct
dam8ga thereto or by reason of an impairment of value due to
damage to the Comon Proprrtyr provided, however, that u n
request of any owner(.,, $he ?.sociation shall pursue such .la%
on such requesting Owners behalt, and shall turn any recoveries
for such Owners over to such Owners directly. The Assoclation
sh8l1 notity all Wortgagso8 of which it has notice of any
cond.mnation, -gee or destruction of any comon Property.
Section 6. Control of kllooiation. During the develogunt
of sr~alebourno bbdlvlsion. the Ansociation shall k -rated
and controlled by Declarant. Ihe Board of Directora shall . - - - - - - - - - -. - -
coluiat of p.rwnj appointed by Diiiarant, and each Owner ah11
give .nd sball k dmmd to have iven to Declaraat an irrwo-
cable proxy to vote oa any and alf matters on which the -rm
are entitldl to vote under this Declaration or under the Articles
of Incorporation or th. By-hws of the Association. Tlm control
of the Aarociatioa ohall b. transferred to the O*narn no later
than the ~rller of the following dates:
(a) one hundred twenty (120) days after the date on whicb r
total of maty ria percent (758) of the Lots have
been conv8yed to Ovners;
(b) seven (7) years after the date on which the Sirst Lot
is comqed to 80 Ovner.
We irrevocable proxy in Dlclaraat shall terminate as of the date
of such traasfer.
Soation 7. Nortg.9..r1 Riahts. Ru IIOrt~ul individ-
CO UCtV8Yr rwt, botnotthcobligation.
y L r r o an, ,, am oc my
kar a lien against tlm Carw Property, ia tbe event tbe same
are mot paid by the Auodatioa rhan due. ibr kottg.gus alao
h.n the rigbt. but not tbe obligation, to pay auy overdue
&am am &nard inmrance policies raquired to be mainL.imd
U. -iati~* or to -re ..r h~rd i-r- -rage in
tbe event oL bps of aal nrh policies. my Ibrtg.9.t or
Icort- Wing my Olyvnt plrsruat to this Scctioa 7 -11 be
entitled to r8Unnr8eamt fra tbo AsLI.ociation progtly upon
writtea dll~nd t&reSor to Lbr Aueciation.
0. wino with Prarrsrtpi The ~ssociatioa
~llebt~, er el UW"9"mt .dp.r or Otherwise
transfer er mSY2.l O: - nmrtVrtL - -rew-
vitbamt ths appew.1 of tb awnicf oL at ~.ut -wOL-thi&-riijfj
of tbe Ms. In -ling via tbe ?rag.rty, tba m~..oci-
atm ohall be to bold tb. mme la trust tor the oru .lid
benefit oL the ~rm. Providedr brmcnr. tha mrd os ~imt-s
at tb, M~..oci8tioll P .DglO*.: (1) ussat grants acro.6 - -sty tot tlrbicy. storm ud sanitary #wr li~. md
(Xi) the -nar horeiMftes ruthoriwd in Article XIIf.
Section 9. Prohroional unaqment. The Association my
delegate its duties to a professional management agent, but any
contract,for such purpossn shall bo terminable upon not more than
90 days notice, and no such delegation shall relieve the
Association of its responsibilities under this Declaration.
ARTICLE IX.
Expa~ion of Subdivision
Section 1. Method and Scorn of Expansion. Declarant. at
its o t on and rcla t me to t me, may expand Bridlebourne
.ubdlv?sion to inzude a:l or any Arts of khe tract described in
the attached Exhibit 8. by the addition of further sectiona
consisting of one or more rkts and any Comaon Property which is
necessary or which in the discretion of Declarant is appropriate
for addition with such section. Such further sections, if added,
shall be added by the recordation of a plat of such sections,
consistent in detail and layout with plats of sections previously
reoorded, and by the recordation of a declaration 1rPposing upon
such section covenants substantially similar in form and sub-
stance to this Declaration. Declarant hereby covenants that the
total number of lots in Briblebourne Subdivision shall not eXCeOd
Eighty Pive (as), and that no real estate shall be added thereto
which is not within that dascribed in %hibit B, without the
coneent of the Owners of at least two-thirds of the tots.
Section 2. Time for Expansion. No additional sections
shall be added after the date which is twelve (12) years after
the date on which the plat for Bridlebourne - Section One was
re~~rdcd.
ARTICLE X.
Reeerved Euepcnts
~ll public and quaei-public vehicles, including but not
limited to police. fire, ambulance and other emergency vehicles,
trmh and garbage colleetion, post office vehicles, and privately
owned delivery vehicle8 sball h.ve the right to enter upon the
-1 mtate and any Lot therein in perfor~nce of tbeir dutier.
Declarant bereby remetoas and my grant to the Association or to
the appropriate public agancims or utility oolpanier perpttul
-memento wet, upon, and under the Como1 Areas, Easements and
Caron Roadways. and within a ten (10) toot area along the sides
and back of each LOtr or within ten-foot strips adjacent to the
existing Shell Pipeline -..rent. tor the imtallation, servir
b3 , maintenance, repnit, or replacamant of any Coaaon Property
any utilities, including but not limited to water, sewers,
(storm and unitary) gas, telephone, electricity, and cable
television, as the mame are aau or hereafter may be 1otxt.d.
Deckrant further reservu easemeats ovor the CoPlon Roadways and
Drai~ga 8y.t~ for access to and drainage from those portions of
the real estate described in Exhibit B which have not been addad
to Bridlebourne Slrbdivisim as of any tin. In the event tht
any Caarn Ebadways is hereafter dedicated to the public and
accepted for maintenamem by the appropriate public agency, tbe
easemats res~~rved horofn shall not he effectad in any way by
soch dediation. In tbe event that Declarant, its nuccubwrs or
assigns, shall exercise any rights uod.r the easements hereby
reserved. and in the went that such exercise shall cause any
duur to urg Lot, the party exercising such ~sro*nt rights
8-11 re8tore such Got sob.tmti81ly to its condition imediately
prior to such exercise. Tthm sue~nts hereby reserved, with tha
1-81 of the Wrd OC Directors or Declarant, may be used for
the bmefit of property not within Bridlebourne Subdivision.
ARTICLE XI.
This Declaration shall be effective for an initiai term of
twenty (20) years and shall automatically renew for additional
term of ten (10) years each, in perpetuity, unless as of the end
of any term both the Owners of ninety percent (902) oE the tots
and the Mort agees of at least ninety percent (90%) of the Lots
vote to term?nate this Declaration, in which case this Eeclaza-
tion shall terminate as of the end of the term during which such
vote was taken. Uotwithstanding the preceding sentence, all
easements created or reserved by this Declaration shall be
perpetual unless otherwise expressly indicated herein.
ARTICLE XII.
Private Amenities and Services
The Water System, Drainage System, the Sewage System, and
other Common Property shall be owned and maintained by the
Association so long as this Declaration remains in force. In the
event of any termination of this Declaration and/or any diusolu-
tion of the Association, the Association shall convey the Colaaton
Property to a successor organization having similar purposes and
powers as the Association. or it shall use its beet efforts to
dedicate the Comaaon Property to the appropriate public agencies
or utilities which normally hold and/or administer such property.
If such dedication or conveyance are not possible, such property
shall be disposed of as determined by the Circuit Court of
Hamilton County, Indiana, consistent with the purposes set forth
in this Declaration.
ARTICLE XIII.
Equestrian Facilities
The portions of the Common Areas designated by the Declarant
for use as Equestrian Facilities may be leased to a for-profit or
not-for-profit corporation for the purposes of constructing,
reconstructing, operating, and maintaining said JQuestrian
Pacilities. The Board of Directors of the Aesociation may lease
the zquestrian Facilities upon such terms and conditions and for
such idera era ti on (including nominal consideration) a6 aid
Board may approve; provided, that {l) the urre of such Equestrian
Facilities shall be limited to the Owners, the meabers of their
households living with them and their guests: (2) the lessee
shall construct and maintain the Equestrian Facilities, at its
expense, with the Ansociation having no obligation or auty to
expend any nmnies for them. or to, in any manner, include such
expenditures as a part of the Common Expenses.
ARTICLE XIV.
General Provisions
Section 1. Covenants Run Uith the Land. The covenants
created bp this Daclaration shall attach to and' run with the Real
Estate and ahall be binding upon ~vQ-: +reon who may hereafter
cwne into ownership, occupancy. or pooeession of any portion of
the Real Estate.
Section 2. Sea# of covell.nts. The Declarant and each
Omer of any Lot in Bridlebourne Subdivision, by acceptance of a
deed therefor, whether or not it shall be so expressed in such
dead, are deemed to have agreed to each and every one of the
various terms, covenants, conditions, and restrictions contained
in this Declaration, and the same shall be of mutual and recip-
rocal benefit to Declarant and each Owner of each Lot. Declarant
and each Owner shall be entitled to enfcrce this Declaration
against any Owner to the full extent permitted herein and under
applicable lav. and shall have all rights and remedies for such
enforcement at law or in equity. Each Owner shall be liable for
any failure to fully conply with a11 of the terms, covenants,
conditions, and restr~ctions contained in this Declaration only
so long as each such Owner shall have any interest in any Lot;
provided. however, that the relinquishing of all of such interest
shall not operate to release any Owner from liability for a
failure to comply with this Declaration which occurred while said
Owner had such interest.
Section 3. Attorneys' Fees. As to any legal or equitable
proceedings for the enforcement of. or to restrain the violation
of, this Declaration or any provision thereof, if the party
bringing such action is successful in obtaining any remedy
against any defaulting 0wn:r. such defaulting Cuner shall pay the
reasonable attorneys fees of Such successful party, in such
amount as may be fixed by the Court in such proceedings.
Section 4. Failure to Enforce Mot a Waiver of Rights. The
failure of the bclarant, the Association, or any Owner to
enforce any term, covenant. condition. or restriction herein
contained shall in no event be deelued to-be a waiver of the right
to do so thereafter, nor of the right to enforce any other such
term, covenant, condition, or restriction.
Section 5. Rights of Wortqaqees. Except to the extent
otherwise provided in Article VII, no breach of this Declaration
shall defeat or render invalid the lien of any mortgage now or
hereafter executed upon any portion of the Real Estate; provided,
however. that if all or any portion of said Real Estate is sold
under a foreclosure of any mortgage, any purchaser at such sale
and his successors and assigns shall hold any and all land so
purchased subject to this Declaration. Notwithstanding any other
provision of this Declaration, neither the Owners nor the
Association shall have any right to make any amendment to this
Declaration which materially impairs the rights of any Mortgagee
holding, insuring, or guaranteeing any mortgage on all or any
portion of the Real Estate at the time of such amendment.
Section 6. Effwt of Invalidation. If any provision of
this Declaration is held to be invalid by any court or by
operation of law, the invalidity of such provision shall not
affect the validity of the raining provisions hereof.
Section 7. Section Headings. Section headings used herein
are used for convenience only and are not intended to be a part
of this Declaration or in any way to define, limit, or describe
the scope and intent of the particular sections to which they
refer.
Section 8. Notices. All notices in connection with this
Declaration shallne in writins and shall be deemed deliv- - - - . - - - - - .
erd (a) upon personal delivery to the individual person, if any,
designated in writing by the Owner, as listed in the roster of
owner's names and addresses maintained by the Association; or (b)
seventy-two (72) hours after the deposit thereof in any United
States main or branch post office, first class postage prepaid,
properly addresaed to the addressee thereof at the address listed
in the said roster.
Section 9. Deed Clause to Zmulement Declaration. Eech
owner covenants and agrees that it will not execute or deliver
any deed or conveyance of a fee title interest in any Lot, or any
poctioa thereof, nnlns such deed or conveyance contains a clause
substantially as follousx
'bg amptam and recording of this conveyancr,
the Granteo herein covenants and agrees to be
bound by the Declaration of C6venants of
Bridlebourne Subdivision pertaining to the real
estate hereby granted, which is recorded as
Instrument ISo. , in the Office of the
Recorder of firnilton County. Indiana*,
and properly identifying the instrument number therein. Bowever,
the failure to include such clause shall not have any effect on
this Declaration or the enforceability thereof against any Owner
of any interest in any portion of the Real Estate.
Section 10. Provisiqn ainst Her er. The Declarant hereby
intenas that the Estat? shall begsubject to this Declara-
tion, that the covenants contained herein shall not be nerged
into the title of the Declarant, regardless of whether the
Declarant is the fee title owner of all or any part of the Real
Estate at the time this Declaration is executed or recorded.
Section 11. Reservations of Declarant. Declarant hereby
reserves the riTshtto make nucb amendments to this Declaration as
may be deemed riecesaary or appropriate by Declarant without the
approval of any other permon or entity, in order to correct
typographical or scrivener's erros, or to bring the Declaration
or Bridleburne Subdivision into cmliance with the reau1raer.t
of any public agency having jurisdic~ion thereof or of aGy agency
guarantying. insuring, or approving mortgages, so long as
Declarant owns any Lots within Bridlebourne Subdivisionr provided
that Declarant shall not be entitled to make any amendment which
has a materially adverse effect on the rights of any Mortgagee,
nor which substantially impairs the benefits of this Declaration
to an Owner or submtantially increases the obligations imposed
by thrs Declaration on any Owner.
Section 12. Availabilitv of Documents. The Asrociation
shall keep and make available ior inspection during normal
business hours copies of this Declaration, the Articles of
Incorporation and By-Laws of the Aesociation, and current
financial statwentm of the Association. for the benefit of all - -. -
persons who nay have an interert therein.
Section 13. Severabilit . Every one of the covenante and
restrictions herel- is hereby declared to be indepen-
dent of, and severable from, the rest of the covenants and . - . - - . . -. - - - -. -
restrictions, each and ever one thereof and from every combina-
tion thereof. Therefore, rf any of the covenants and restric-
tions herein contained shall be held to be invalid or to be
unenforceable, or shall lack the quality of running with the
land, that holding,,shail be without effect upon the validity and
enforceability or runningn quality of any other of the covenants
acd restrictions herein contained.
i m~ W~~ESS mma~~, ~achraat 4 this muration
of Co~~llts~ ~ts and Re5 for
Subdioision this A- day of , 1987.
@
Bridlebourne oaveloplsnt
C#praY i
By: JcH Dovelopunt Company,
Inc. its general partnet
ayt M
7-s-rk F. .S+h,, P--x:&d
mm wB. a SJotarv Public ia and for said Cauntv ad State. - -~--~ - - ~ --- -~
ty
~resi&nt o€rii . -A, the President of
dnmrrl martners of
whereupon each acknowladgd that he execirtd th; forsgoinO
Declaration of Covenants. Easements and Restrictions for
Bridlebourne Subdivision on behalf of said corporation, and being
duly sworn. eacb stated that he was duly authorized. by proper
resolution of tb. Board of Directors of said corporation, to
execute thir i~truarnt on behalf of said corporations. and on
behalf of said partnership and that a11 corporate and partnership
actions necessary for the execution of this instrument has ken
taken and done.
HI'IWFiSS my hand and notarial seal this , day of
1 . x! I (t r 1987.
I
Uy County of Reafdencer
This instrument waa prepared by 8ruce A. Cordingley, ICE MILLER
WNADIO L RYAU, One American Square, Box 82001, Indianapolis,
Indiana 46282.
BRIDLEBOURWE
SECTION ONE
Part of the North Half of the Southuebt Quarter and.part of
the Northveat Quirter of Section 5, Tovnrhip 17 North, Range
3 Eaet in Hamilton co;nty, Indiana, beins more particularly
daacribed aa follovrr ,
. .
Beeinning at the Southvert corner of the raid Horth Balf of
the Southveat Quarter Section; chence,North 00 degreer 00
minuter 00 aacondm East alont the We'at line of amid North
Half of the Souchveat Quarter Section 808.76 Feet; thence
North 90 dcgrear 00 minuter 00 saconda Cart 1019.55 feet1
thence North 52 dcgreem Oi-minvcr 36-.reconds East 1172.69
feeti thence North 90 decree. 00 minutes 00 raconda Eaat
131.71 feet; theace South 01 deg.rae -1.2 minutar 51 .a+conda
Eaat 1485.98 feet to the South line of said North Half of
the Southwest Quarter Section; thence South 88 degrees 47
aLautes 09 secoadm Yeat alonl the said South kina 2107.65
faat to the Beginning Point, coataining 47.865 acre#, more
or less.
EXHIBIT A
LEGAL DESCRIPTION
The North Halt of the Soutbveat Quarter and a part of tbe north-
veat Quarter of Sectioa 5. Tovoabip I7 North. Range 3 taot. Bauilton County,
Indtsna, and being more particularly described a# follover
8egianing at the Soothwaat coraer of said half-quarter 6ection; thence north
0 degrees 00 minute8 00 sacoads East (assumed bearins) along the West line
of asid half-quartat section 1331.80 fret to the Aorthveet coraar tbersof,
also being the Southwest corner of said nortbw~rt quarter aeetion; thence
North 0 degree. 01 minutes 15 seconds East alons the Veat line of amid quar-
ter rectfon 1319.92 feet to a point being South 0 deprees 01 ninutea I5
aecoads Weat 1319.92 feet from the Northweat corner of said quarter aectioo;
thence North 89 dagreea 05 minutes 09 seconds Iaat 2712.28 fret to a point
on tha Eaat line of aald quarter aection being South 0 degree. 08 minute* 32
seconda West 1295.52 feet from the Northerat corner of #aid quarter 6eetion;
thence South 0 degree8 08 mlnutea 32 secoada Wemt along said Bast line
1295.52 feet to the Sootheaat corner of srld quarter section. also being the
Northeast corner of the North Half of raid Southveat quarter saction; thaaco
South 0 degrces 01 minute6 15 second. East along the Eaat line of said half-
quarter seetion 1362.05 feet to the Southeast corner thereof; thence Soath
88 degrees 47 minuter 09 beCoDd# West along the South line of arid half-
quartsr section 2710.30 feet to the point of be8ianing.
EXRIBIT B
BRZDmBOm HOmOWNERS ASSOCIATION, MC.
DELMQUENCY POLICY RESOLUTION
WHEREAS, Bridleborne Homeoms Association, lac. ("Association") is responsible for the maintenance, impmvement, repair,
and openition of the residential community in Hamilton County, Indiana, known as Bridlebourne, including, but not limited to, the
paymtmt of insurance thereon, the cost of labcr, equipment and material furnished with respect to the connnon areas; and
by purchasing a home within the community, each ovvner covenanted and agreed to pay assessments to the Association
for their pro ram share of the Association's common expenses; and
WHEREAS, there is a need to establish orderly procedures now for the collection of assessments which remain unpaid past their due
date since delinquent assessments pose a serious financial and adminiswive burden on the Association.
NOW, THEREFORE, BE 11' RESOLVED that the duly elected Directors of the Association have adopted the following procedures,
rules and reylations for the collection of assessments:
1. Assessments are due and payable in advance for e,acJr tiscai year quarterly, with the due dale being the 1st day of January, April,
July and October. Collections shall be handl~rl by the Association's properly management company. Residents are warned of an
interest charge (that may be applied if payment is not received within 30 days past due date) on the invoice.
2, To be deemed timely. payments mu% be received (not just postmarked) by the due date at the office or P.O. Box of the
Association's properly tnanagement company.
3. Any payment or installment not rwived within 30 days after the applicable due date is subject to a 18% interest me effective the
original due date being added to ttie delinquent owner's account for which the owner is responsible, which shall he deemed a part of
the indebtedness to the Associaiion.
(a) Lf any Assessment is not paid on the date when due, then such Assessment shall be deemed delinquent and shall,
together with any interest thereon and any cost of colhction thereof, including attorneys' fees, become a continuing
lien on the Lot against which such Assessment was made, and snch lien shall be binding upon and enforceable as a
personal liability of the Owner of such Lot as of the date of levy of such Assessment, and shall be caforceable against
the interest of such her and dl future successors and assignees of such Owner in such Lot; provided, however, that
such lien shall be subordinate (o any first mortgage on snch Lot recorded prior to the date on which such Assnssment
becomes due.
4. A "Pa%t Due Notice" shall be mailed to ownem with a delinquent balance at the next quarter's invoice, which may include the
finance charge.
5. A "Final Notice" shall be mailed by first class mail at the discretion of The Board. This Pind Notice shall advise the owner tbat
unless payment in full is received withm 10 days of such notice, the matter may be referred to the As%ociation's attorney at which time
the owner will be responsible for all aaornnys fees, expenses, and court costs. All of the Association's collection costs and expenses
incurred, including a collection wt/adminishation fee to its property management company, will he added to the account and shall be
deemed to he a part of the indebtedness owed to the Association. The properly manager's collection cost is to pay for the manager's
additional time and expenses related to handling the delinquent account and dealing with the Associatiods attorney.
6. If an omr is still delinquent 10 days after the date of the Final Kotiee, the matter may be turned over to the Association's attorney
with instructions to pursue the collection thereof m the manner recommended by the Association's attorney. Thereafter, all
connnunicaticms by the delinquent owner must be directed tu the attorney.
7. Any payments received at any time for less than the full amount then due shall not be accepted as frill payment.
8. Pa-mmts received will be applied in the foilowing order: (I) attorneys fees, court costs and expenses incurred by the Association.
(2) collection costs of the Association's properly manugement company, (3) late charges. (4) charges hcmed by the Association for
"bounced or "stopped payment" checks, then (5) outstandrng assessments.
&A ~oard Members
1045) $edgemoor Circle
Carmel, IN 46032
Herb Biel
3604 Hiatocks Circle
Camel, IN 46032
Brent Claymon
3441 Sedgemoor Circle
Carmel, IN 46032
Jeffrey Hastings
1 11 53 Sedgemoor Circle
Carmel, IN 46032
Bill Johnson
3463 Sedgemoor Circle
Carmel, IN 46032
Thomas Meltzer
1 1 127 Sedgemoor Circle
Carmel, IN 46032
Laura Stitle
10959 Sedgemoor Circle
Camel, IN 46032
August ,2011
August ,201 1
August ,201 1
August ,2011
August ,201 1
August ,201 1
August ,2011
August ,201 1
7. Bny payments received at any the for less thaa the full mmunl then due shall not be accepted as fill
payment.
8, Payments received will be applied in the following order: (1) attorneys fees, court costs and expenses
hcmed by the Association, {2) collection costs crf the Association's property management company, (35
late charges, (4) charges incmed by the Association far "bounced" as "stopped payment'' checks, then (5)
outstanding assessments.
Signed,
Bridlebourne
HOA Board Members
Jeff &darns
18994 Sedgmoor Circle
Brent Claymon
3141 Sedgemaor Circle
Carmei, IN 46033
-
JeBey Hasting~
11 153 Sedgemaisr Circle
Camel, XN 46032
...-- ~..
Bit1 Johnson
3463 Sedgemoor Circle
Camel, IN 46032
Thomas Meltzer
1 X 127 Sedgemoor Circle
Csmel, TN 46tf32
tam Stitle
10959 Sedgemoor Circle
Cmd, IN 46032
Date:
Date: +/I 1
Date:
Date:
Date:
Signed,
Bridlebourne
H8A Board Mmbers
----- --. --
Herb Biel
.-*.-
Camel, RJ 456332
Jeffrey Hastings
11 153 Sedgemoor Cirefe
Camel, TN 46032
Bill Johnson
3463 Swigmoor Cireb
Cannel, EFI 4603%
Date:
Dare:
Date:
Date:
nm
Dzaw:
"- Laaura Stifle
10959 Sedposr Circle
Camel, IH 46032
Signed.
Bridlebourne
HOA Board Men~bm
.- - - -
Jeff Adams
10994 Sedtlornoor Circle
--- -
H& Biel
3604 Hintocks Cucle
Camel. R-4 46032
- .-
Braif Claymon
344 1 Scdge~nour Circle
Camel. M 46032
-
JC
11 153 S&emoor Circle
- .-
Bill Johnson
3463 Sedse~nuw Circle
Cmel, lN 46032
Dnte:
Date:
- - . -
ll~omas Melmr
I 1 127 ~emr Circle
Carmel. IN 4603
Dare: - - -
Laura Slide
18959 Sedgemoor Circle
Camel, IN 46032
-----
Dale ST. Louis
1W95 Sedgemilor Circle
Camel, IN 46032
Date:
f igned,
-- u
Jeff Adams
10494 Sedgcrnoor Ctr~le
Cmnel, IN 46032
. . . . -...-
Herb Bid
3604 I4k.itocks Circle
f*>(::x<; -
-- ----
Brent CIIE~~~ L L
3441 Sedgemoor Clrcle
CrtmeI, IN 46032
Camel, IN 4Suj~
~ .....
Thomas Lfeitzer F t
1 X i 27 Sedgemoor Cixie . . \.
Camel, IN 46032
Date:
Date:
Dste:
Date:
4 [l [lf~
Date:
Date:
Sep 20 11 06123~ Thomas J Meltzer
Brdlebourne
H0.4 Board hlzmbers
Jeff Adanis
10994 Sedgeinoor Circle
Cxrnel, IN 46032
Herb Biel
5604 Hintocks Circle
Carmel, IN 4 6032
Brent Claymon
3441 Sedgemoor Circle
Camel, M 46032
Jeffrey Hastings
11 1 53 Sedgemaor Circle
Carmel. 1'J 46032
Bill Jd~nson
3463 Sedganoar CircIe
Carmel, 1 45032
1%
Date:
Date:
Date:
Dare:
11 LW Sedgemoor Circle
Carmel, [N 46032
Date:
Laura Srtle
10959 Sedgemaor Circle
Carrnel, IN 4 603 3
/
Date:
It?-@ Adams
IN94 Sadgemoar Circle
Cnrmel, 124 46032
.*-
Herb Bid
-..+- ....
Jefky Haslin$$
X I J 53 Sedga~noor Circle
C~TPRTI, fi' 46032
Bill Joivlson
3463 Sedgmaoi Circlc
Camel, M 46032
f 0959 Sedgemaor Circle
Camel, IN 46032
FRX NO. : 3 177333234
Dm:
Date:
Date:
BBBridlebourne HHomeownnerrs Association rriiddlleebboouurrnnee Hoommeeoowwneerss AAssssoocciiaattiioonn
BRIDLEBOURNE ARCHITECTURAL REVIEW BOARD
FINAL DESIGN REVIEW APPLICATION
Note:
The BARB will not review
any submittals that are
incomplete. Please check
that all items are included.
SUBMITTAL FORM
Date: BARB File Number:_____
Street Address: Lot Number:
; Please indicate who should receive comments from the Bridlebourne Architectural Review Board
Owner:
Address:
Phone: Fax:
Builder:
Address:
Phone: Fax:
Designer:
Address:
Phone: Fax:
Landscape Designer: ____________________ Landscaper: _____________________
Address:
Phone: Fax:
Sales Agent:
Person Submitting Application: Owner Builder Architect/Designer Other ___________________
1 of 3
SUBMITTAL REQUIREMENTS
Please check the following items that are included with this application for design review. All drawings should be legibly drawn
to the scale indicated and properly noted.
Proposed Site Plan (Minimum Scale: 1'=30')
Proposed Floor Plans (Minimum Scale: 1/4"=1'-0")
Proposed Elevations (Minimum Scale: 1/4"=1'-0")
Building Sections (Minimum Scale: 1/4"=1'-0")
Typical Wall Sections (Minimum Scale: 3/4"=1'-0")
Typical Porch Sections (Minimum Scale: 3/4"=1'-0")
Exterior Details: (Minimum Scale 1 1/2"=1'-0")
Fences and Garden Walls - Elevations and Details (Minimum Scale 3/4"=1'0")
Conceptual Landscape Plan (Minimum Scale 1/8"=1'0")
Products and Materials List (see below)
PRODUCT AND MATERIAL SAMPLES
Identify all materials and colors for the elements listed below. If any of the material or colors differ from what is shown on the
approved exterior materials and colors list, samples must be provided.
Exterior Element Color/Finish Manufacturer/Description
Balcony/Porch/Loggia Ceilings
Balcony/Porch/Loggia Floorings
Brick
Chimney/Foundation
Door-Entry
Door-Other
Gutters
Lighting
Roofing
Shutters
Siding
Stucco
Trim – Exterior
Windows
Rev. 3 / 07
2 of 3
3 of 3
BB
B ridlebourne HHomeownnerrs Association rriiddlleebboouurrnnee Hoommeeoowwneerss AAssssoocciiaattiioonn
BRIDLEBOURNE ARCHITECTURAL REVIEW BOARD
FINAL DESIGN REVIEW APPLICATION
RESPONSE FORM
Date: BARB File Number:
Street Address: Lot Number:
A. Required Changes:
B. Suggested Refinements:
C. General Comments:
1. Contractor must install silt fence as per local ordinance prior to construction.
2. Contractor is responsible for providing inlet protection for all storm sewer drains on or near the property
during construction.
3. Contractor must provide trash containment on site at all times.
4. Contractor is responsible for cleaning construction debris and mud from streets on a daily basis.
5. Contractor is responsible for maintaining a construction entrance onto the property at all times.
6. All exterior finishes and colors to be submitted with samples prior to installation.
Action Taken: Approved
Approved with conditions
Revise and resubmit
BARB signature: _________________________________
(Date:)
BARB signature: _________________________________
(Date:)
BARB signature: __________________________________
(Date:)
Owner/Owner Representative signature: __________________________
Date: __________________
Return to:
Bridlebourne Homeowners Association
Architectural Review Board
c/o Brent S. Claymon
3441 Sedgemoor Circle
Carmel, IN 46032
Phone (317) 727-1818
Email: brent@claymongroup.com