HomeMy WebLinkAboutPacket for PC 10-16-12WOODGATE HOMEOWNERS ASSOCIATION October2012
The legal status of Woodgate Homeowners Association of Carmel, Inc.
Woodgate HOA has been in constant operation since 1994 when Langston Development turned the
development over to the residents. The HOA has been governed by a volunteer board comprised of
homeowners. The HOA was administratively dissolved for failing to file annual reports with the Indiana
Secretary of State. That deficiency has been rectified and the Woodgate Homeowners Association, Inc. was
fully reinstated by the Indiana Secretary of State October 3, 2012. The legal effect of the reinstatement is that
the organization is treated as though it was never dissolved. (Certificate of Reinstatement is attached)
The Fence
When the development was built, the developer installed a wooden box -style privacy fence along 146th Street.
This fence was required as part of the original development (TAC Motion notes 12 -5 -89 Certified Copy
attached). The fence has been in place in the same location ever since. It was repaired by the Homeowners
Association in 1997, several times in 2001 and was replaced by the homeowners association in 2005. The fence
was repaired again in 2006.
The fence has never been the property of any individual lot owner and is located predominantly in the road right
of way north of the platted lots. The height was dictated by the City of Carmel. The right of way encroachment
was permitted by Hamilton County when the fence was replaced in 2005. The alignment of 146th Street shifted
south when it was improved in 2005). Permits were obtained from the County and the Carmel Planning and
Zoning Committee in 2005. Carmel planning staff advised the Board that the 2005 permit covers the planned
replacement of the fence since it is being replaced in the same location. The Board has made application to
replace the fence with a maintenance -free pre -cast concrete barrier system that has been approved by Carmel
and Westfield at several locations along 146th Street. The system has removable panels and posts which
accommodate utility needs.
The Board's Authority
The covenants and addendums to the covenants all require that the homeowners association maintain the
common areas, including landscaping and fencing. The common areas of the development essentially are the
north border and the entry way. The entryway is the main focal point of Woodgate.
When Woodgate was developed the regulatory framework was very different than it is today. The Developer,
Lagston Development developed Woodgate in five sections. Litigation resulted in one section being removed
from the development. The Plan Commission File has repeated references to deficiencies on the part of the
developer, including the section along 146th Street.
The Bylaws of Woodgate require a vote for significant actions. A quorum is defined as fifty (50 %) of eligible
voters. (Bylaws Article II, Section 2) A majority for such votes is 2/3 of those voting. (Bylaws Article II,
Section 4).
September 22, 2012 a ballot was transmitted by mail and electronic mail to the property owners of record in
Woodgate (127 owners). The ballot (attached) set forth the options for the fence. 95 votes were cast. 66 voted in
favor of the proposed barrier; 11 voted in favor of a wooden shadow box fence; and 15 votedto`do riothing. 66
votes exceeds the required 2/3 vote for a majority.
EW
201
5
�
WOODGATE HOMEOWNERS ASSOCIATION
Indiana Secretary of State
Packet: 1995070454
Fiiing Date: 10103/20/2
Effective Date 1010312.012
State of Indiana
Office of the Secretary of State
CERTIFICATE OF REINSTATEMENT
of
WOODGATE HOMEOWNERS' ASSOCIATION, INC.
October 2012
[. CONNIE LAWSON, Secretary of State of Indiana, hereby certify that Application of
Reinstatement of the above For -Profit Domestic Corporation have been presented to me at my
office, accompanied by the fees prescribed by law and that the documentation presented
conforms to law as prescribed by the provisions of the Indiana Business Corporation I_.aw.
NOW, THEREFORE, with this document 1 certify that said transaction will become effective
Wednesday, October 03, 2012.
In Witness Whereof, 1 have caused to he
affixed my signature and the seal of the
State of Indiana, at the City of Indianapolis,
October 3, 2012,
eInciuji
CONNIE LAWSON,
SECRETARY OF STATE
1995070454/2012100442927
WOODGATE HOMEOWNERS ASSOCIATION
Page 3
October 2012
residential lots.
Filed by George Sweet for Brenwick Development
Petitioners present: George Sweet, Ursel Cox, Darrell Edwards, Joe Sharp
Comments:
1) Applicant needs to obtain Surveyors office approval to outlay into the
J.R. Collins drain and all drainage for this development shall be regulated
drain therefore requiring Hamilton County Drainage Board approval
2) DOCD requests a letter of intent regarding fencing along the perimeter
lots
3) DOCD requests roll — back curbs to be lowered at corners for Handicap
accessibility
The technical aspects of this project have been reviewed by the TAC and found them to
be satisfactory pending the above concerns being addressed
WOODGATE SEC 11ON 5 PRIMARY
Committee to consider Docket No. 67 — 89 PP,' a primary plat
application for Woodgate, Section 5. The primary plat for Section
5 consists of 117 lots on 64.40 acres of land located east of Carey
Road and just north of the existing Woodgate subdivision. Site is
zoned R —1 residence district. Petitioner request approval to
subdivide the property into 117 single — family residential lots.
Filed by Bob Langston
Petitioners present: Bob Langston
Comments:
1) SCS requests the following items:
— a copy of drainage calcs
— subsurface drainage access for each lot
— updated plans to be submitted for review
2) Street names to be approved by Fire Dept.
3) Landscape plan along Carey Rd. and 146th Street to be submitted
4) Drainage plans to be reviewed and approved by the City Engineers
office
5) Signage plan to be submitted for review
6) DOCD requests the developer to work with the staff in regards to
commitments' for additional road improvements to 146th
7) DOCD requests that a fencing plan be developed for the lots that front
onto Carey RD. and 146th
8) DOCD requests that the variable drainage easements be delineated by
dimensions and angle bearing for clarity of location
Dear Angie Conn, Planning Administrator
City of Carmel Planning & Zoning Division
Dept. of Community Services
Woodgate Homeowners Assoc. of Carmel,
'44, Inc.
EecProposaI
My name is Lyndon Craig Stiff. I'm the current President of The Woodgate
Homeowners Association of Carmel, Inc. We are in the planning process to replace the
fence that our Development currently has on 146th Street. We are asking the HCHD to
please consider our proposed fence structure with a Artisan Precast Concrete System
(the same system as Village Farms on west 146th St and Regions Bank on 146th &
Greyhound Pass) The fence will be Standard Grey and 8ft tall and level across the top,
This system has removable 1ft x 5ft panels and will also have removable H posts for
Telephone Pole (approximately 4) access as well as the removable panels that weight
approximately 85 lbs. per panel (easily removable with 2 people) for all utility access.
We would also, like for you to consider what placement options we might have.
Copperwood's fence is further out then our fence and, We would ask that HCHD
consider allowing us to possibly bring our fence out further except for the area near the
Entrance that joins our Brick Entrance if, that is possible?
I have included on a DVD /CD of Current Fence and Proposed Fence Pictures, PDF's of
the our Development's Plat as well as the PDF specifications from Artisan Precast. We
would like to submit Form HCHD 1012 on our Developments behalf and, 1 would like to
know if you need any other structural information before we submit this plan? We would
like to place the new fence where the existing fence is or on a different tract further out
to align with Copperwood's Fence line if at all possible and, would like the HCHD's
blessing.
Thank you very much,
Lyndon Craig Stiff
President, WHOA of Carmel, Inc.
317 -571 -0210 Home
317 -319 -4282 Cell
22frets @sbcglobal.net