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HomeMy WebLinkAboutCovenants - RECORDEDL -A C- CORCLARATION OF COVENANTS, �.0 yy COVENTI.NTS, CONDITIONS ANL FOR F�� 1-11GH GROVE THIS DECLARAT 16N (hereinafter called "the Declaration" or "this Declaration made this day of ,r 2000, b Est Deve Company, In WITNESSETH. WHEREAS, Declarant is the owner of the real estate in Hamilton County, Indiana, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the "Real Estate and WHEREAS, Declarant is in the community to 1wn as Rig. the Real tstate a residential WHEREAS, Declarant values and amenities in to this end, Declarant d thereof to the tem3s of i 200000007618 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 02 -18 -2000 At o8;51 au. DEC COV RES 63.00 RESTRICTIONS d enhancement of the es therein contained, and owner of all or part WHEREAS, Declarant de it de` t jar anon of the values and amenities in said comrnuni o cr ch be delegated and assigned the powers of ow t the cowmen facilities NOW, TBIBEFORE, Declarant hereby declares that the Property is and shall be held, transferred, sold, conveyed, hypothecated, encumbered, leased, rented, used, improved and occupied subject to the provisions, agreements, conditions, covenants, restrictions, casements, assessments, charges and liens hereinafter set forth, all of which are declared to be in furtherance of a plan for preservation and enhancement of the Property, and are established and agreed upon for ilia purpose of enhancing and protecting the value, desirability and attractiveness of the Property as a whole and of each of the hots situated therein, and which shall run with the Property and be binding upon all parties having any L W 4 right, title or interest in the Property, their heirs, successors and assigns. ARTICLE I DEFINITIONS Section 1. The following words, when used in this Declaration or any supplemental declaration (unless the context shall prohibit), shall have the follmving meanings: A. "Applicable Date mean the "Applicable Date as defined and detmmi_ned iri accordance with Section 3B of Article III hereof B. "Association" shall mean High Grove Homeowners Association, Inc., an Indiana non profit corporation which Declarant has caused, or will cause, to be incorporated under said name or a similar name, its successors and assigns. C. "Board" or `Board of Directors" shall mean the board of directors of the Association. D "Commoix,Area" shall me ose portions, if the Property shown upon any recorded subdivision plat of p including the initial Plat, W11iCll are not LOts {r o C he i to Te plat any of suet areas as fo Y`Y' er portions thereof (such as streets) which are dedi d to c$ pl heretofore or hereafter recorded, including all Verne true or to be constructed thereon, and (ii) such po of s are tier declared to be "Common Area" by an i ant b larant, whether or not such areas comprise part f n recorded stibdivision plat of the Property. E. "Declarant" shall mean Estridge' arty,10and any successors and assigns of Declarant who it designates Fl ida more written recorded instruments to have the rights of Declarant hereunder, including, but not limited to, any mortgagee acquiring it a e p t ri der, or foreclosure f (or y c p cti o d' u o for los re oe executed by Declar sib, c gage virtue of foreclosure against (or acceptance of a deed in lieu of foreclosure from) the Declarant shall not be deemed to have assumed any prior obligations or liabilities of the Declarant hereunder. F. "Development" shall mean the improvement to the property as designated on the Initial Plat. F. "Development Period" shall mean the period of time beginning with the date of execution of this Declaration and ending with the date the Declarant is no longer the owner of any part of the Property. i r _r.; G. "Home" shall mean a residential housing unit designed or intended for use as living qnarters for one family or housekeeping unit. H. "Initial Plat" shall mean the subdivision plat(s) of the Real Estate I. "Lot" shall mean and refer to any and each plot of land included in the Property (with the exception of Common Area) designed and intended for use as a building site for a Home, and identified as a lot on any recorded subdivision plat of the Property or any part thereof (including initial Plat) J. "Members" shall mean any person or entity holding membership in the Association as provided in Article 1II hereof K "Mortgage shall mean any mortgage or other security instrument by which a Lot or any part thereof or any structure thereon is encumbered L "Mortgagee" shall mean any person Mortgage or any successors or assi Mortgage prior to acquisition o Mortgage M. "Owner" shall mean th fee simple title to any Lot excluding those having suc obligation. N. "Person" whether appeari individual, firm corporation, combination thereof is as the Mortgages under any such h person or entity under such simple Title to erty encumbered by such association, O. "Property" shall mean and refer to the P. "Real Estat c of Indiana, descbed i it'A" a e ao zis or entities, of the Z Tel contract sellers, but orn3armceofan i, shall mean an ither legal entity, or any tL Section 2. Other terms and words defined elsewhere in this Declaration shall have the meanings herein attributed to them. ARTICLE 11 PROPERTY SUBJECT TO THIS DECLARATION Section 1. Declaration. Declarant hereby expressly declares that the Property shall be held, transferred, sold, conveyed and occupied subject to all the terms, covenants, conditions, restrictions and provisions of this Declaration. As of the date of execution of this Declaration, the Property consists solely of the Real Estate. The Owner of any Lot at any time subject to this Declaration, by (i) acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Declarant or a subsequent Owner of such Lot, or (ii) by the act of occupancy of any Lot, shall accept such deed, execute such contract and undertake such occupancy subject to all of the terms, covenants, conditions, restrictions and provisions of this Declaration. By acceptance of such deed, execution of such contract or undertaking such occupancy, each Owner acknowledges the rights and powers of Declarant and of the Association with respect to or under this Declaration, and, for himself, his heirs, personal representatives, successors and assigns, covenants, agrees and consents to and with Declarant, the Association, and the Owners and subsequent Owners-of each of the Lots- affected- by -thi Declaration, to keep, observe, perform and comply with the terms and provisions of this Declaration. ARTICLE HI MEMBERSHIP AND VOTING R1GHTS rN ASSOCIATION Section 1 Membership. Every Owner of a Lot, except as herein provided to the contrary, shall be entitled and required to be a m ssociation. If title to a Lot is held by more than one person, each of F lember. An Owner of more than one Lot shall be entitled t sere shall be req no membership for each such lot. Each such member a to t upon which it is based urant and shall transfer automatic y nv eyance of the title of that Lot, Except as herein a p rt or entity other than an Owner or Declarant may mem ,and embership in the Association may not be tr erred with ansfer of title to a Lot. Section 3 Voting. The Associations shall have two (2) classes of voting lnembersNp, as follows: A. Class A. Class A members shall be all Owners of Lots, with the exception of the Declarant prior to tenninatior. of Class B membership, and shall be entitled to one(1) vote for each lot owned wish respect to each matter submitted to a vote of members upon which the Class A members are entitled to vote. When more than one person holds title to any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one Vote be cast with respect to any one Lot. There can be no split vote. Prior to or at the time of any meeting at which a vote is to be taken, each co -owner or other person entitled to a vote at such meeting shall file with the Secretary of the Association the name of the voting co -Owner or other person entitled to a vote at such meeting, unless such co -Owner or other person has filed a general voting authority with the Secretary applicable to all votes until rescinded. Section 4. Suspension of payment of any amount d of thirty (30) days, or shall Declaration for a period of Association shall be susper current and all defaults rerr ARTICLE 7V PROPERTY RIGHTS Section 1. General Provisions. Inilo hall be in an in the claration for a period i of the terms of this s vote as a member of the ll payments are brought A. All easements described in this Declaration are permanent easements appurtenant, running with the land. They shall at all times inure to the benefit of and be binding on the Owner and the Mortgagee from time to time of any Lots and the Owner and Mortgagee, if any, from tune to time of the Common Area, and their respective heirs, successors, personal representatives or assigns.