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HomeMy WebLinkAboutBrookshire North Constitution-CovenantsConstitution of the Brookshire North Homeownersʼ Association A. The name of this organization shall be The Brookshire North Homeownersʼ Association. B. The purposes for which this organization is formed are as follows: 1. To promote and stimulate interest in the Brookshire North community among its members and prospective members. 2. To provide an opportunity for the residents of Brookshire North to become better acquainted. 3. To assist in the enforcement of the restrictive covenants of Brookshire North. 4. To promote an opportunity for members to take cooperative action in matters of mutual concern. 5. To establish and maintain contact with neighboring subdivisions, ensuring cooperation on matters of joint interest, and mutual support of each otherʼs activities. 6. To provide a means of communication among members with residents of adjacent areas with similar organizations, with governmental agencies and matters of general concern to members. 7. To foster civic interest in members. 8. To enhance social and recreational opportunities and activities of members. 9. To elect a Board of Directors and/or officers by popular vote of all members. 10. To adopt by-laws. 11. To conduct such other activities as may be in keeping with its principal objectives. 12. To have, hold, exercise, and enjoy in furtherance of the purposes set forth above, all of the rights, powers and privileges as may be necessary, convenient or expedient in order to accomplish the purposes set forth above. C. There shall be one class of members. All members shall have the same rights, privileges, duties, liabilities, limitations and restrictions. Any natural person and his spouse who resides in and owns a home in Brookshire North, who desires to participate in the activities of the Association and who agrees to abide by the by-laws of the Association and all other rules and regulations adopted by the Board of Directors, including the payment of dues and assessments, may become a member of the Association upon application therefor, acceptance by the Board of Directors and payment of the annual membership dues as set forth in the by-laws from time to time. Every member or his/her spouse shall have the right at any meeting of the members to cast one vote on any matter submitted to a vote of members unless his/her dues and assessments are then unpaid; this right to vote may be exercised in person only, as the by-laws provide. D. The number of Directors shall not be less than three (3) nor more than fifteen (15) as prescribed from time to time by the by-laws. Whenever the by-laws do not specify the exact number, the minimum number of Directors shall be three (3). Directors must be members in good standing of the Association to be selected in such a manner as prescribed from time to time in the by-laws. Directors shall be elected for a two-year term. E. The Board of Directors shall adopt by-laws not inconsistent with the Constitution. Such by-laws may be amended by the Board of Directors from time to time. They may also be amended by the members in such fashion as may be prescribed in the by-laws from time to time. F. This Constitution may only be amended at an annual meeting or special meeting of the members called for that purpose. An amendment to the Constitution may be initiated in one of two (2) ways: 1. By the Board of Directors adopting such amendment and submitting same to members at least thirty (30) days prior to the meeting at which such amendment is considered. 2. By petition signed by at least thirty (30) members setting forth the working of such proposed amendments. Upon receipt of such a petition, the Board of Directors shall submit the proposed amendment to the next annual meeting or in its discretion may call a specific meeting of the members to consider such proposed amendment. An amendment may be adopted at any duly constituted annual or special meeting called for that purpose by the affirmative vote of two-thirds of the members voting. By -laws of the Brookshire North Homeownersʼ Association Article I - Name The Name of the Association shall be The Brookshire North Homeownersʼ Association. Article II - Fiscal Year The fiscal year of the Association shall be March 1st through February 28th. Article III - Membership A. Any person and his/her spouse residing in Brookshire North is eligible for membership. B. Such person may become a member upon complying with such requisites as the Board, by resolution, may from time to time adopt and upon payment of the annual dues. C. Admission to membership shall bind the applicant to full compliance with and adherence to these by-laws and the Constitution of the Association. D. Except as may be herein otherwise provided, a member shall enjoy and possess all rights of membership equally with all other members. E. If a member changes his official residence to a place outside the Brookshire North area, he shall cease to be a member of the Association. F. A member remains in good standing unless he has failed to pay his dues within 30 days following the expiration of the Associationʼs fiscal year. Article IV Dues Each household shall pay annual dues of thirty (30) dollars. Said dues will be payable in March of each year. Article V Membership Meetings A. The annual meeting of the members shall be on a day prior to the 15th day of March each year. B. The Board of Directors shall fix the time and place of the annual meeting by mail or such other manner as the Directors determine fourteen (14) days prior to the meeting. C. Special meetings of the members may be called at any time by the Board of Directors or by the President upon ten (10) days written notice to all members. The notice of any special meeting shall contain an agenda of the matters to be taken up at such a meeting. D. A quorum of the transaction of business at any annual or special meeting shall consist of those in good standing and present at the official meeting. Article VI Board of Directors A. The officers (President, Vice-President, Secretary and Treasurer) and one Area Captain from each area will make up the Board of Directors. Brookshire North has eight (8) areas. B. All directors will be elected for two (2) year terms. C. The Board of Directors, at least forty-five (45) days prior to the annual meeting, shall select a nominating committee of three persons. Said nominating committee shall meet prior to the giving of notice of the annual meeting and shall prepare a slate of officers, Area Captains and members at large. The names of persons nominated by the nominating committee shall be made known to the members in the notice of the annual meeting at least fourteen (14) days prior to said meeting. D. The elections shall be conducted at the annual meeting. There will be no voting by proxy. E. Any vacancy on the Board of Directors may be filled by the Board of Directors and the person(s) so appointed shall hold office until expiration of the term. F. The Board of Directors shall hold a meeting within thirty (30) days after the annual meeting of the membership. G. A quorum of the Board of Directors for the transaction of business shall consist of not less than 50% of the Directors. H. In addition to the powers granted by other provisions of these bylaws, the Board of Directors shall have the following powers and duties: 1. To acquire, hold, administer, maintain and dispose of all property in the Association with an imposed single item project or activity spending limit of $1000.Spending beyond the stated amount requires ten (10) days written notice to all members. A simple majority of all responses made will be required for approval. 2. To appropriate the funds of the Association for the purposes set forth in these by-laws. 3. To hire and discharge employees and to supervise their conduct and to fix their compensation. 4. To audit all receipts and disbursements of the Association. 5. To conduct, manage, supervise and control all of the business of the Association. 6. To censure, suspend, expel or otherwise discipline any member only after complete investigation and statements from both sides have been heard. A unanimous vote by the Board is required before any disciplinary action can be taken. 7. To enforce the restrictive covenants set forth for Brookshire North. Article VII Officers A. The officers of the association shall consist of a President and one or more Vice-Presidents, a Secretary and a Treasurer, who must be members of the Board of Directors. The Board shall also have power to elect an Assistant Secret ary and Assistant Treasurer. B. Vacancies due to death, resignation or otherwise shall be filled by the Board of Directors. C. Duties 1. The President shall preside at all meetings of the Association and of the Board of Directors; shall supervise the management and affairs of the Association, and perform all of the duties incidental to his office. The President shall be a member, ex officio, of all committees. 2. The Vice-President shall assume all duties of the office of President during the absence or inability of the President to act. In the event that one or more Vice-Presidents shall be elected, they shall assume the duties of the office of the President in the order of their seniority. In addition, they shall perform such duties as may be designated to them by the President or prescribed by the Board of Directors. 3. The Secretary shall keep a list or record of all members of the Association and conduct all official correspondence and shall record the minutes of all meetings and be in charge of the printing of the annual directory. 4. The Treasurer shall have care and custody of the funds of the Association. He/she shall deposit the funds at such bank or banks as the Directors may designate, and shall dis burse them by means of checks. He/she shall keep accurate books of the account(s) and of all receipts and disbursements, and shall submit a financial report at such time as is required by the President or the Directors. Article VIII Amendments These by-laws may be amended from time to time by action of a majority of the Board of Directors at any meeting at which a quorum is present. In addition thereto, amendments to the by-laws may be made by the members of the Association upon petition signed by at least thirty (30) members and submitted to the Secretary at least thirty (30) days in advance of the annual meeting or any special meeting called for that purpose. It shall be the duty of the Secretary to incorporate the text of the proposed amendments in the notice of the meeting. The occurrence of two-thirds of the members present and voting shall be required to pass any amendment. Article IX Committees The President, with the approval of the Board of Directors, shall appoint such committees as may be necessary or desirable to perform the functions of the Association and he shall define their duties. Among the committees appointed by him shall be the following standing committees: A. Beautification B. Social C. Crime Watch D. Communications E. Welcome F. Infrastructure Restrictive Covenants of the Brookshire North Homeownersʼ Association This subdivision shall be known as Brookshire North, a subdivision in Carmel, Hamilton County, Indiana. All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public. Front and side yard building set back lines are hereby established as shown on the plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure. There are strips of ground shown on the plat and marked Drainage and Utility Easement, reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the public utilities. Lots 181,182,183,184,185 & 186 have areas shown on the plat and marked Drainage and Utility Easement, reserved for the use of public utilities as provided above and for the temporary storage of storm water. No fences or other structures are to be erected or maintained upon said easements and no filling or grading shall be done in said areas without specific approval by the Carmel Plan Commission. All lots in this subdivision are reserved for residential use, and no building other than a one-family residence or structure or facility necessary in use thereto shall be erected thereon. Not more than one building shall be erected or used for residential purposes on any lot in this subdivision. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than fourteen hundred (1400) square feet in the case of a one-story structure nor less than one thousand (1000) square feet in the case of a multiple story structure, provided no structure of more than one story shall have less than an aggregate of eighteen hundred (1800) square feet of furnished and livable floor area. All garages shall be attached to the residence dwelling and be a minimum of two car size. No trailer, tent, shack, attach ed shed, basement, garage, barn, or other outbuilding or temporary structure shall be used for temporary or permanent residence on any lot in this subdivision. An attached garage, tool shed or detached storage building erected or used as an accessory to a residence in this subdivision shall be of a permanent type of construction and conform to the general architecture and appearance of such residence. No fence shall be erected in this subdivision between the building lines and the property lines of the str eets as shown on the plat, except with approval of the Brookshire North Homeowners Association Board of Directors (subsequently referred to as the BNHA Board in this document), which fences shall not exceed 42 inches in height and shall be of a decorative nature. No building, structure or accessory building shall be erected closer than 15 feet to the side of any lot and must be approved by the BNHA Board. Where buildings are erected on more than one single lot, this restriction shall apply to the side lines of the extreme boundaries of the multiple lots. No structure in this subdivision, without special approval from the BNHA Board shall exceed two and one half (2-1/2) stories or 25 feet in height measured from finish grade to the underside of the eave line, and no structure other than an open porch shall be erected between the building line as designated on the plat and the property line of the street. No boat, trailer or camper of any kind (inclu ding but not in limitation thereof, house trailers, camping trailers, or boat trailers), or any disabled vehicle shall be kept or parked upon any lot except within a garage or other approved structure. Lots 9, 8, 7, 4, 3, 2, 1, 63, 36, 37, 39 and 40 shall gain access from interior streets only. Driveways onto 126th and 131st Streets will not be permitted, and the buildings on said lots shall face interior streets. Lots 98, 99, 100, 101, 102, 103, 105, 106, 117, 118, 119, 120, 121, 122 and 124 shall gain access from interior streets only. Driveways onto Gray Road and 131st Street will not be permitted, and the buildings on said lots shall face interior streets. Lots 182, 183, 184, 185 and 186 shall gain access from interior streets only. Driveways onto Gray Road will not be permitted, and the buildings on said lots shall face interior streets. No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building have been approved as to conformity and harmony of external design with existing structures herein and as to the building with respect to topography and finished ground elevation, by the BNHA Board or by their duly authorized representatives. If the BNHA Board fails to act upon any plans submitted to it for its approval within a period of fifteen (15) days from the submission date of the same, the owner may proceed then with the building according to the plans approved. Neither the BNHA Board, nor the designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. In the event storm water drainage from any lot or lots flows across another lot, provision shall be made to permit such drainage to continue, without restriction or reduction, across the downstream lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said plat. No animals, livestock or poultry of any description shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes. All garages opening to the street shall have automatic door controls. No lot in this subdivision shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and such matter shall not be kept, except in sanitary containers. Trash shall not be burned exc ept in suitable incinerators. Lot owners, upon taking title, agree to waive all rights to oppose future zoning changes and special permits necessary to complete the Master Plans of Brookshire and Brookshire North. It shall be the duty of the owner of eac h lot in the subdivision to keep the grass on the lot properly cut and to keep the lot free from weeds and trash and otherwise neat and attractive in appearance. Should any owner fail to do so, then the BNHA Board may take action as it deems appropriate in order to make the lot neat and attractive and the owner shall upon demand reimburse the Brookshire North Homeowners Association for the expense incurred in so doing. The foregoing covenants (or restrictions) are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty five (25) years from the date of the plat, at which time said covenants (or restrictions) shall be automatically extended for periods of ten (10) years unless changed by a vote of majority of then owners of the lots and buildings covered by these covenants (or restrictions), in whole or in part. Invalidation of any one of the foregoing covenants (or restrictions) by judgement or court order shall in no way affect any of the other covenants (or restrictions), which shall remain in full force and effect. The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected, or maintained in viol ation thereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns. City of Carmel City Code and Ordinance website. By entering the City of Carmel website, you will have at your fingertips all of the codes and ordinances pertaining to Carmel. www.carmel.in.gov/index.aspx?page=205 Type in the above URL. This will take you to the Codes and Ordinances website for the city of Carmel. There are links to all of the zoning, codes, and ordinances for the entire city. Just click the link that pertains to the questions you have. Chapter 6, Public Health and Safety, Article 5, Nuisances, is the most helpful chapter. If you find that your neighbor is in violation of any city code, you now have the option to report the violation to the indicated city department, or to ask the Executive Board of BNHA for assistance.