The Ridge @ Legacy Declaration (unrecorded)SUPPLEMENTAL DECLARATION OF COVENANTS
AND RESTRICTIONS
OF
THE RIDGE AT THE LEGACY
SUPPLEMENTAL
DECLARATION OF COVENANTS AND RESTRICTIONS
OF THE RIDGE AT THE LEGACY
TABLE OF CONTENTS
Page
Section 1. Definitions 1
Section 2. Additions to and Withdrawals from Parcel 3
A. Additions 3
Withdrawals 4
Section 3. Supplemental Declaration and Relationship to Declaration 4
Section 4. Private Streets and Snow Removal 5
A. Maintenance of Private Streets 5
B. Snow Removal 5
C. Conveyance of Title 5
Section 5. The at the Legacy Owners Supplemental Association, Inc 5
A. Powers 5
B. Classes of Members and Vote 5
C. Supplemental Board and Voting Rights 5
D. Amenity Selected Director 6
E. Corporate Selected Director 6
F. Maintenance Standards 6
G. Insurance, Taxes, and Utilities 6
H. Limitations on Action by the Supplemental Association 6
I. Mergers 7
J. Management 7
Section 6. Assessments 7
A. Creation of the Lien and Personal Obligation of the
Assessments 7
B. Parcel General Assessment 8
C. Architectural Control Assessment 10
D. Special Assessments 10
E. Capital Assessment 10
F. Violation Assessment 11
G. Effect of Nonpayment of Assessments; Remedies of the 11
H. Subordination of the Lien to Mortgages 11
I. Certificates 12
J. Supplemental Association's Annual Budget 12
Section 7. Architectural Control and Construction 12
A. The Development Standards and Architectural
Control Committee 12
B. Purpose 12
C. Building Activity 12
D. Procedures 13
E. Building Requirements and Guidelines 13
F. Design Consultants 14
G. Existing Violations of Supplemental Declaration 14
H. Exercise of discretion 14
I. Liability of Development Standards and Architectural
Control Committee 15
J. Construction 15
K. Application 15
L. Inspection 16
Section 8. Covenants and Restrictions 16
A. Land Use 16
B. Address Identification 16
C. Lighting 16
D. Temporary Residential Units 16
E. Driveways 16
F. Water Systems 16
G. Drainage 17
H, Signs 17
I. Fencing 17
J. Nuisances 18
K. Garbage and Refuse Disposal 18
L. Livestock and Poultry 18
M. Outside Burning 18
N. Antennae Systems 18
O. Exterior Lights 19
P. Electric Bug Killers 19
Q. Supplemental Association's Right to Perform Certain
Maintenance 19
Awnings 19
Diligence in Construction 19
HVAC Residential Units 20
Pond and Pond Area(s) 20
Mailboxes 20
Maintenance of Lots and Improvements 20
Clothes Line 21
Outbuildings and Animal Quarters 21
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Z. Play Equipment 21
AA. Plumbing 22
BB. Subsurface Drains and Sump Pump Discharges 22
CC. Swimming Pools and Hot Tubs 22
DD. Tennis Courts, Racquetball Courts, Paddleball Courts
and so on 23
EE. Vents 23
FF. Windows -Doors 23
GG. Street Signs 23
Hill. Fuel Tanks 23
II. Garbage and Other Refuse 23
JJ. Home Occupations 23
KK. Open Drainage Ditches and Swales 24
LL. Roofing Materials 24
MM. Solar Panels 24
NN. Parking of Larger Vehicles 25
00. Outside Storage 25
PP. Wells 25
QQ. Occupancy or Residential Unit Use of Partially
Completed Residential Unit Prohibited 25
RR. Sidewalks 25
SS. Construction and Landscaping; Time Requirements;
Divestiture Penalties 25
TT. Septic Systems 25
Section 9. Use and Ownership of Limited Common Area 25
A. Ownership 25
B Use 26
C. Non - dedication 26
Section 10. General Community Rules 26
A. Binding Nature 26
B. Rule - Making Authority 26
Section 11. Borrowing and Contractual Limitations 26
A. Approval of Certain Contracts; Meeting;
Vote by the Members 26
B. Borrowing Money; Approval by the Members 27
Section 12. Grievance Procedure 27
A. Composition and Term of Grievance Committee 27
B. Purpose 27
C. Meetings of the Grievance Committee 27
D. Authority and Procedure 28
E. Conflict of Interest 28
F. Consultation with Manager 28
G. Exempt Claims 28
H. Litigation 28
X. Release 29
Section 13. Amendments 29
A. Generally 29
B. By Supplemental Declarant 29
Section 14. Enforcement 29
Section 15. Severability 29
Section 16. Non - Liability of Supplemental Declarant 30
Section 17. General Provisions 30
Section 18. Perpetuities 30
SUPPLEMENTAL DECLARATION OF
COVENANTS AND RESTRICTIONS OF
THE RIDGE AT THE LEGACY
This Supplemental Declaration (the "Supplemental Declaration "), is made as of the if
day of December, 2012, by Falcon Nest II, LLC, an Indiana limited liability company
( "Supplemental Declarant ").
WITNESSES THAT:
WHEREAS, the Supplemental Declarant is the Owner of certain real estate located in
Hamilton County, Indiana, and more particularly described in what is attached hereto and
incorporated herein by reference as Exhibit "A" (the "Land ");
WHEREAS, the real estate located in Hamilton County and particularly described in
what is attached hereto and incorporated herein by reference as Exhibit "B ", along with all real
estate contiguous therewith, shall hereafter be referred to as the "Additional Land ";
WHEREAS, the word "Parcel" shall hereafter mean and refer to the Land together with
such portions of the Additional Land as may be made subject to this Supplemental Declaration
per the terms of Section 2 below;
WHEREAS, this is a Supplemental Declaration as that term is defined in the Master
Declaration of Covenants and Restrictions of The Legacy recorded in the Office of the Recorder
of Hamilton County, Indiana, on November 5th, 2008, as Instrument No. 2008055153, as
amended from time to time (the "Declaration "); and,
WHEREAS, the Supplemental Declarant intends to convey portions of the Parcel as Lots
upon each of which one or more Residential Units or other improvements may be constructed.
NOW, THEREFORE, Supplemental Declarant hereby makes this Supplemental
Declaration as follows:
Section 1. Definitions Except as otherwise provided in this Supplemental Declaration,
words, phrases and terms that are defined in the Declaration have the same meaning in this
Supplemental Declaration. In addition to other words and terms defined throughout this
Supplemental Declaration, the following words, phrases and terms, as used in this Supplemental
Declaration, unless the context clearly requires otherwise, mean the following:
"Amenity Declaration" means the Amenity Overlay Declaration of Covenants and
Restrictions of the Legacy recorded with the Recorder of Hamilton County, Indiana as amended
from time to time.
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"Amenity Association" means The Legacy Amenity Association, Inc. established as
directed by the Amenity Declaration.
"Amenity Articles" means the articles of incorporation of the Amenity Association.
"Amenity Bylaws" means the bylaws of the Amenity Association.
"Amenity Board" means the board of directors of the Amenity Association.
"Architectural Control Assessment" means an Assessment made pursuant to Section 6 of
this Supplemental Declaration.
"Development Standards and Architectural Control Committee" means that entity
established pursuant to Section 7 of this Supplemental Declaration.
"Grievance Committee" means the Grievance Committee established in Section 12
below.
"Limited Common Area" means only that Limited Common Area located in the Parcel
and identified or designated as a Limited Common Area by the Declarant, in the Declarant's
discretion.
"Limited Common Facilities" means (i) all improvements located in a Limited Common
Area including, without limitation, Paths, Common Lighting, bicycle racks, walls, fences and
landscaping, (ii) any Private Streets and (ii) Entry Ways, Street Trees, street lights, signs, turf
bicycle racks and any and all infrastructure not maintained by the City of Carmel per the City of
Carmel's Maintenance Code, as amended, which are located within or adjacent to public streets
internal to the Parcel.
"Member" means a member of the Supplemental Association.
"Parcel Applicable Date" means the date that Supplemental Declarant has voluntarily
relinquished its rights as the Supplemental Declarant under this Supplemental Declaration, as
established in a written notice by the Supplemental Declarant to the Supplemental Association.
The written document by which Supplemental Declarant establishes the Parcel Applicable Date
may allow Supplemental Declarant to reserve the rights to require Supplemental Declarant's
prior written approval of certain actions by the Supplemental Association.
"Supplemental Articles" means the Articles of Incorporation of the Supplemental
Association, as amended from time to time.
"Selected Amenity Director" means the member of the Supplemental Board selected by
the Supplemental Board to serve on the Amenity Board.
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"Selected Corporate Board" means the member of the Supplemental Board selected by
the Supplemental Board to serve on the Corporate Board, after the Parcel Applicable Date, per
the terms of the Declaration, the Corporate Articles and the Corporate Bylaws.
"Supplemental By- Laws" means the By -laws of the Supplemental Association, as
amended from time to time.
"Supplemental Association's Annual Operating Deficit" means the cost of satisfying the
Supplemental Association's Obligations, on an annual basis, as determined by the Supplemental
Board in its discretion, less the total of the Parcel General Assessment owed by all Owners other
than the Supplemental Declarant or a Designated Builder.
"Supplemental Association" means The Ridge at The Legacy Owners Supplemental
Association, Inc., an Indiana nonprofit corporation.
"Supplemental Association's Annual Budget" means the annual amount, estimated by the
Supplemental Board in its discretion, sufficient to meet the obligations imposed by the
Declaration and the Supplemental Association's Obligations.
"Supplemental Association's Obligations" means the Maintenance Costs of the Limited
Common Areas, Limited Common Facilities, Private Streets and, as set forth between and, as
determined by the Supplemental Board in its discretion, insurance, trash removal, snow removal,
and other costs incurred to operate the Supplemental Association.
"Supplemental Building Guidelines" means architectural, landscaping, lighting, fencing,
recreational facility and signage design guidelines, standards and requirements for Building
Activity on the Parcel (including The Legacy Building Guidelines) adopted by the Supplemental
Declarant or the Development Standards and Architectural Control Committee.
"Supplemental Board" means the Board of Directors of the Supplemental Association.
Section 2. Additions to and Withdrawals from Parcel.
A. Additions. As of the date of the execution of this Supplemental
Declaration, the Parcel consists mostly of the Land. Supplemental Declarant shall have
the right, and hereby reserves on to itself the unilateral right, at any time, and from time
to time, at any time prior to the Parcel Applicable Date, in its discretion to add to the
Parcel and subject to this Supplemental Declaration all or any part of the Additional
Land. Any portion of the Additional Land shall be added to the Parcel, and therefore and
thereby becomes a part of the Parcel and subject in all respects to this Supplemental
Declaration and all rights, obligations, and privileges herein, when Supplemental
Declarant places of record in Hamilton County, Indiana an instrument so declaring the
same to be part of the Parcel, which instrument may be a declaration of annexation
contained in a Plat, a statement in a plat that the Lots and Common Areas therein are
subject to the Supplemental Declaration or an amendment or supplement to this
Supplemental Declaration. Any such Supplemental Declaration may contain
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modifications hereto and additional terms, conditions, restrictions, maintenance
obligations, and assessments as may be necessary to reflect the different character, if any,
of the Additional Land.
Upon recording of any such instrument on or before the Parcel Applicable Date,
the real estate described therein shall, for all purposes, thereafter be deemed a part of the
Parcel and the Owners of any Lots within such real estate shall be deemed for all
purposes to have and be subject to all of the rights, duties, privileges, and obligations of
Owners and Lots within the Parcel. No single exercise of Supplemental Declarant's right
and option to add and expand the Parcel as to any part or parts of the Additional Land,
shall preclude Supplemental Declarant from thereafter from time to time further
expanding and adding to the Parcel to include other portions of the Additional Land, and
such right and option of expansion may be exercised by Supplemental Declarant from
time to time as to all or any portions of the Additional Land so long as such expansion is
accomplished on or before the Parcel Applicable Date. Such expansion of the Parcel is at
the discretion of the Supplemental Declarant and nothing contained in this Supplemental
Declaration or otherwise shall require Supplemental Declarant to expand the Parcel
beyond the Land, or to any portions of the Additional Land which Supplemental
Declarant may voluntarily and in its discretion from time to time subject to this
Supplemental Declaration.
B. Withdrawals. So long as it has a right to annex Additional Land pursuant
to this Section 2, the Supplemental Declarant reserves the right to amend this
Supplemental Declaration for the purposes of removing any portion of the Parcel, which
has not yet been improved with Residential Units, from the coverage of this
Supplemental Declaration. Such amendment shall not require the consent of any Person
other than the Owner(s) of the Parcel to be withdrawn, if not the Supplemental Declarant.
If the Parcel is Limited Common Area, the Supplemental Association shall consent to
such withdrawal.
Section 3. Supplemental Declaration and Relationship to Declaration. The Parcel
and all Lots, real estate and Common Areas located therein are hereby annexed to and
made subject in all respects to the Declaration and is, therefore part of the Property and
subject m all respects to the Declaration and all covenants, restrictions, easements,
charges, Assessments and liens set forth in the Declaration. In addition to being subject in
all respects to all covenants, restrictions, easements, charges, Assessments and liens set
forth in the Declaration, the Parcel and all Lots, real estate and Common Areas locate
therein shall further be, transferred, sold, conveyed and occupied subject as well to the
covenants, restrictions, easements, charges and liens set forth in this Supplemental
Declaration. The provisions of Section 2 of the Declaration shall apply to the relation of
this Supplemental Declaration and the Supplemental Association to the Declaration and
the Corporation, respectively. For purposes of the Declaration, the Assigned Vote for the
entirety of the Parcel shall equal the Assigned Vote corresponding in the Valuation Table
to a "Larger Detached Residential Lot For Sale" multiplied by the total number of Lots in
the Parcel.
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Section 4. Private Streets and Snow Removal.
A. Maintenance of Private Streets. Private Streets, if any shall be maintained
by the Supplemental Association in good condition satisfactory for the purpose for which
it was constructed. The Maintenance Costs incurred by the Supplemental Association in
maintaining any Private Streets shall be assessed as a Parcel General Assessment against
all Lots whose means of vehicular access to a public right-of-way, as reasonably
determined by the Supplemental Association, is over and across such Private Street.
B. Snow Removal. The Supplemental Association shall cause snow to be
removed from any Private Street within the Parcel, and the costs thereof shall be
Maintenance Costs and assessed as a Parcel General Assessment against all Lots.
C. Conveyance of Title. Supplemental Declarant may retain the legal title to
Private Streets, if any until the Parcel Applicable Date, but notwithstanding any provision
herein the Supplemental Declarant hereby covenants that it shall, not later than the Parcel
Applicable Date, convey by quitclaim deed to the Supplemental Association such Private
Streets.
Section 5. The at The Legacy Owners Supplemental Association. Inc. Each Owner
shall automatically be a Member of the Supplemental Association and shall enjoy the
privileges and be bound by the obligations contained in the Supplemental Articles and
Supplemental By -Laws. The Association, by and through its Secretary, shall maintain a
current roster of all members and the mailing address and legal description of the Lot
owned by each member. If a Person would realize upon his security and become an
Owner, such Person shall then be subject to all the requirements and limitations imposed
by this Supplemental Declaration on other Owners, including those provisions with
respect to the payment of Supplemental Assessments.
A. Powers. The Supplemental Association is a Supplemental Association
under the Declaration and, subject to the Declaration, shall have such powers as are set
forth in the Declaration, this Supplemental Declaration and in the Supplemental Articles,
and Supplemental By -Laws together with all other powers that belong to it by law.
B. Classes of Members and Vote. The Supplemental Association shall have a
single class of Members. With respect to the Supplemental Association, each member
shall be entitled to one (1) vote for each Lot owned. When more than one person holds an
interest in any Lot, all such persons shall be members. The vote for such Lot shall be
exercised as the members holding an interest in such Lot determine among themselves,
but in no event shall more than one vote be cast with respect to any Lot.
C. Supplemental Board and Voting Rights. Prior to the Parcel Applicable
Date, and as specified in the Supplemental Bylaws, (i) any and all members of the
Supplemental Board shall be appointed by and serve at the pleasure of the Supplemental
Declarant, (ii) any and all members of the Supplemental Board may be removed and
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replaced by the Supplemental Declarant at any time and for any reason, and (iii) all
vacancies in the Supplemental Board shall be filled by the Supplemental Declarant. After
the Parcel Applicable Date, members of the Supplemental Board may be designated,
appointed, or removed in the manner set forth in the Supplemental Bylaws. The voting
and other rights of Members shall be as specified in this Supplemental Declaration, the
Supplemental Articles and the Supplemental By -Laws.
D. Amenity Selected Director. After the Amenity Applicable Date, as that
term is defined in the Amenity Declaration, the Supplemental Board shall select one of its
directors to serve on the Amenity Board per the terms of the Amenity Declaration,
Amenity Articles and Amenity Bylaws. The Amenity Selected Director may be removed
and replaced at anytime by a majority of the Supplemental Board.
E. Corporate Selected Director. After the Applicable Date, as that term is
defined in the Declaration, the Supplemental Board shall select one of its directors to
serve on the Corporate Board per the terms of the Declaration, Corporate Articles and the
Corporate Bylaws. The Corporate Selected Director may be removed and replaced at
anytime by a majority of the Supplemental Board.
F. Maintenance Standards. The Supplemental Association shall maintain the
Limited Common Area and the Limited Common Facilities in good condition, order and
repair substantially comparable to its condition when originally constructed, installed or
planted and comparable in appearance and utility with a first -class residential
development. Grass, trees, shrubs and other plantings located on the Limited Common
Area may be irrigated and shall be kept properly and neatly cut, cultivated or trimmed as
reasonably required and otherwise maintained at all times in good and sightly condition
appropriate to a first -class residential development.
G. Insurance, Taxes, and Utilities. The Supplemental Association shall
maintain public liability and casualty insurance in prudent amounts insuring against risk
of loss to the Supplemental Association on account of injury to person or Parcel and
damage to Parcel owned by the Supplemental Association, shall maintain errors and
omissions insurance covering its officers and directors, and shall pay all taxes assessed
against such Parcel and all utility charges incurred with respect to the Limited Common
Area.
H. Limitations on Action by the Supplemental Association. Unless at least
two- thirds (2/3) of the Members have given their prior written approval, a Permitted Title
Holder, the Supplemental Board and the Owners may not: (i) except as authorized by but
subject to the limitations set forth in Section 17(A) of the Declaration, by act or omission
seek to abandon, partition, subdivide, encumber, sell or transfer the Limited Common
Area (but the granting of easements for public utilities or other public purposes consistent
with the intended use of the Limited Common Area shall not be deemed a transfer for the
purposes of this clause); (ii) fail to maintain fire and extended coverage insurance on
insurable Limited Common Area and Limited Common Facilities on a current
replacement cost basis in the amount of one hundred percent (100%) of the insurable
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value (based on current replacement cost); or (iii) use hazard insurance proceeds for
losses to any Limited Common Area or Limited Common Facilities for other than the
repair, replacement or reconstruction of the Limited Common Area or Limited Common
Facilities.
I. Mergers. Upon a merger or consolidation of another corporation with the
Supplemental Association, its properties, rights and obligations may, as provided in its
articles of incorporation, by operation of law be transferred to another surviving or
consolidated corporation or, alternatively, the properties, rights and obligations of another
corporation may by operation of law be added to the properties, rights and obligations of
the Supplemental Association as a surviving corporation pursuant to a merger. The
surviving or consolidated corporation may administer the covenants and restrictions
established by this Supplemental Declaration within the Parcel together with the
covenants and restrictions established upon any other properties as one scheme. No
merger or consolidation, however, shall effect any revocation, change or addition to the
covenants established by this Supplemental Declaration within the Parcel except as
herein provided.
J. Management. The Supplemental Board, in its discretion, may hire a
professional manager or management company to assist with the management and
operation of the Supplemental Association, and the costs thereof shall be included in the
Parcel General Assessment. No contract or agreement for professional management of
the Supplemental Association, nor any other contract to which the Supplemental
Association is a party, shall be for a term in excess of three (3) years. Any such
agreement or contract shall provide for termination by either party with or without cause
and without payment of any termination fee upon written notice of ninety (90) days or
less.
Section 6. Assessments.
A. Creation of the Lien and Personal Obligation of Assessments. Per the
terms of and as more fully set forth in the Declaration, each Owner (other than
Supplemental Declarant and Designated Builders) of any Lot, by acceptance of a deed
thereto, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Corporation certain Assessments, which Assessments include (i) the
General Assessment, the initial rate of which shall be two hundred five dollars ($205.00)
per Lot per year, (ii) Plaza/Community Drive Assessment, the initial rate of which shall
be twenty five dollars ($25.00) per Lot per year and (iii) the Initial Assessment, the initial
rate of which shall be two hundred fifty dollars ($250.00) per Lot. In addition, each
Owner (other than Supplemental Declarant and Designated Builders) of any Lot by
acceptance of a deed thereto, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Supplemental Association (i) Parcel General
Assessments, (ii) Architectural Control Assessments (to the extent levied); (iii) Special
Assessments; (iv) Capital Assessment; (v) Violation Assessment and (v) any other
Assessments set forth in this Supplemental Declaration; such Assessments to be
established and collected as hereinafter provided (collectively the "Parcel Assessments ").
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The Parcel Assessments described in the preceding sentence along with all other
Assessments specified in this Supplemental Declaration, are in addition to Assessments
imposed under the Declaration and unless and until otherwise directed in writing by the
Master Board, the Supplemental Association shall be responsible not only for collecting
all Assessments specified in this Supplemental Declaration, but also for collecting the
General Assessment.
If two (2) or more Lots originally shown on a Plat are consolidated as a single Lot
by virtue of partial vacation of a Plat, or if a Lot is divided by conveyance of portions
thereof to owners of adjacent Lots, then in either such event, so long as the consolidated
or divided Lot is used in its entirety by one or more Owners of contiguous Lots, the
vacated or divided Lot(s) shall cease to be Lot(s) for purposes of Assessment under this
Section 6.
All Parcel Assessments, together with interest thereon and costs of collection
thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against
which each Parcel Assessment is made until paid in full and such lien may be foreclosed
as mortgages are foreclosed in the State of Indiana. The Supplemental Board is hereby
fully authorized to record with the Recorder of Hamilton County, Indiana, a written
instrument evidencing the lien, against the applicable Lot, for any delinquent
assessments. Each Parcel Assessment, together with interest thereon and costs of
collection thereof, shall also be the personal obligation of the Person who was the Owner
of the Lot at the time when the Parcel Assessment became due.
B. Parcel General Assessment.
1. Purpose of Assessment. The Parcel General Assessment levied by the
Supplemental Association shall be used exclusively (i) to promote the health,
safety, and welfare of the Owners of Lots and Occupants of Residential Units in
the Parcel, (ii) for the improvement, maintenance, repair, replacement and
operation of the Limited Common Area and (iii) to fulfill the Supplemental
Association's Obligations. From time to time the Supplemental Board, in its
discretion, may establish and maintain a reserve fund for replacements by the
allocation from the Parcel General Assessment and the payment to such reserve
fund of an amount determined annually by the Supplemental Board in its
discretion to be sufficient to meet the cost of periodic significant capital repairs,
renewals and replacements of the Limited Common Facilities.
2. Method of Assessment. Prior to the Parcel Applicable Date, the
Supplemental Board shall, by a vote of a majority of the Supplemental Board
without notice to or approval or a vote by the Members, and on the basis specified
above, fix the Parcel General Assessment for each assessment year of the
Supplemental Association at an amount sufficient to meet the Supplemental
Association's Annual Budget. The Supplemental Board shall establish the date(s)
and frequencies the Parcel General Assessment shall become due, and the manner
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in which it shall be paid. The initial Parcel General Assessment shall be seven
hundred fifty dollars ($750.00) and the Parcel General Assessment may increase
or decrease each year in order to satisfy the Annual Budget as determined by the
Board of Directors in its sole discretion.
After the Parcel Applicable Date, the annual budget must reflect the estimated
revenues and expenses for the budget year, and the estimated surplus or deficit as of the
end of the current budget year. The Association shall provide each Owner with: (1) a
copy of the proposed annual budget; or (2) written notice that a copy of the proposed
annual budget is available upon request at no charge to the Owner. At the same time, the
Association shall provide each Owner with a written notice of the amount of any increase
or decrease in the Parcel General Assessment paid by the Owners that would occur if the
proposed annual budget is approved. After all of the foregoing take place, the Association
shall hold a meeting pursuant to the following subparagraph (a).
a. After the Parcel Applicable Date, and subject to subparagraph
(b) below, the Supplemental Association budget must be approved at a meeting
of the members by a majority of the members of the Supplemental Association
in attendance at a meeting called and conducted in accordance with the
requirements of this Supplemental Declaration, the Supplemental Articles and
the Supplemental By -Laws. For purposes of this meeting, a member is
considered to be in attendance at the meeting if the member attends: (1) in
person; (2) by proxy; or (3) by any other means allowed under Indiana law or
under this Supplemental Declaration, the Supplemental Articles of Incorporation
or the Supplemental By -Laws.
b. If the number of members in attendance at the meeting held
under subparagraph (a) above does not constitute a quorum as defined in the By-
Laws of the Supplemental Association, the Supplemental Board may adopt an
annual budget for the Supplemental Association for the ensuing year in an
amount that does not exceed one hundred ten percent (110%) of the amount of
the last approved annual budget last approved by the Supplemental Association.
3. Commencement of Parcel General Assessment
a. The Parcel General Assessment applicable to any
Residential Lot shall commence upon the conveyance thereof to an Owner
other than the Supplemental Declarant or a Designated Builder.
b. The Parcel General Assessment for each Residential Lot
subject to assessment shall commence on the first day of the first month
following both (i) the recordation with the Recorder of Hamilton County,
Indiana, of a secondary Plat that includes such Lot and (ii) the date on
which the Supplemental Declarant and/or the Designated Builder conveys
such Lot.
4. Allocation of Parcel General Assessment. Unless otherwise
expressly provided in this Supplemental Declaration, the Parcel General
Assessment shall be equally allocated, pro -rata among all Lots (other than the
Supplemental Declarant and Designated Builders); provided, however, that
notwithstanding anything to the contrary in this Supplemental Declaration, with
respect to Lots titled in the name of the Supplemental Declarant and the
Designated Builders, the Supplemental Declarant in the Supplemental Declarant's
discretion, may elect on a year -to -year basis to pay either (i) the Parcel General
Assessment or (ii) the Supplemental Association Annual Operating Deficit.
C. Architectural Control Assessment. If any Owner or Person acting for and
on behalf of, or pursuant to the authorization or acquiescence of, an Owner fails to
comply with the Supplemental Building Guidelines or other requirements for
construction of improvements, landscaping, lighting, signage and other Building
Activities or maintenance of a Lot (including but not limited to the filing of a Lot
Development Plan) or any other Restriction set forth in this Supplemental Declaration,
then the Supplemental Association may, upon not less than thirty (30) days prior written
notice to the Owners of such Lot at the address for mailing of real Parcel tax statements,
levy against the Lot owned by such Owner an Architectural Control Assessment in an
amount determined by the Supplemental Board which does not exceed $1,000.00 for each
day that such failure continues after written notice thereof is given by Supplemental
Declarant or the Supplemental Association to such Owner. Such Architectural Control
Assessment shall constitute a lien upon the Lot of such Owner and may be enforced in
the manner provided in Section 7(G) below. The levy of an Architectural Control
Assessments shall be in addition to, and not in lieu of, any other remedies available to
Supplemental Declarant, the Corporation and/or the Supplemental Association provided
in the Declaration or this Supplemental Declaration, at law or in equity in the case of the
failure of an Owner to comply with the provisions of the Declaration, a Supplemental
Declaration, or the Supplemental Building Guidelines.
D. Special Assessments. Subject to limitations on increases and maximum
levels of the Parcel General Assessment specified above in this Section 6, in the event the
Parcel General Assessment for any calendar year after the Parcel Applicable Date is
inadequate to cover the costs incurred by the Supplemental Association for the purposes
set forth in Section 6(B) above in such calendar year, the Supplemental Board in its
discretion may levy upon all Owners, as a Special Assessment an Assessment to cure
such inadequacy. Such Special Assessment shall be allocated among the Owners in the
same manner as the Parcel General Assessment is allocated among Owners.
E. Capital Assessment. The Supplemental Board, in its discretion, may levy
in any calendar year a Capital Assessment applicable to that year and not more than in the
next four (4) succeeding calendar years for the purpose of defraying, in whole or in part,
the cost of any construction repair, or replacement of a capital improvement upon the
Limited Common Area, including fixtures and personal Parcel relating thereto or any
Limited Common Facilities, provided that any such Capital Assessment shall have the
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assent of a majority of the votes of the Owners whose Lots are subject to Assessment
with respect to the capital improvement who are voting in person or by proxy at a
meeting of Owners duly called for this purpose. Any Capital Assessment pursuant to this
Section 6(E) shall be pro - rated, equally among Lots subject thereto.
F. Violation Assessment. In addition to all other assessments as be
authorized herein, the Supplemental Board may levy a Violation Assessment to an owner,
(i) for a violation against this Supplemental Declaration or (ii) for damages if any portion
of the Limited Common Area that the Supplemental Association is obligated to maintain,
repair and/or replace is damaged due to the willful or negligent act or omission of such
Owner or Owner's guest or invite. In the event of such damage, the Supplemental Board
shall have the right to undertake the necessary maintenance, repair or replacement. The
choice between repair or replacement is in the discretion of the Supplemental Board.
G. Effect of Nonpayment of Assessments; Remedies of the Supplemental
Association. Any Parcel Assessment not paid within thirty (30) days after the due date
may upon resolution of the Supplemental Board bear interest from the due date at a
percentage rate no greater than the current statutory maximum annual interest rate, to be
set by the Supplemental Board for each assessment year. The Supplemental Association
shall be entitled to institute in any court of competent jurisdiction any lawful action to
collect a delinquent Parcel General Assessment plus any expenses or costs, including
attorney's fees, incurred by the Supplemental Association in collecting such Parcel
General Assessment and further, shall be allowed to foreclose the lien for such Parcel
Assessment in the same manner in which mortgages are foreclosed. If the Supplemental
Association has provided for collection of any Parcel General Assessment in installments,
upon default in the payment of any one or more installments, the Supplemental
Association may accelerate payment and declare the entire balance of said Parcel General
Assessment due and payable in full. No Owner may waive or otherwise escape liability
for any Parcel Assessment provided for herein by nonuse of the Limited Common Area
or by abandonment of its Lot. The Association may suspend an Owner's right to vote if
such Owner is more than six (6) months delinquent.
H. Subordination of the Lien to Mortgages. To the extent specified herein,
the lien of the Parcel General Assessments provided for herein against a Lot shall be
subordinate to the lien of any recorded first mortgage covering such Lot and to any valid
tax or special assessment lien on such Lot in favor of any governmental taxing or
assessing authority. Sale or transfer of any Lot shall not affect the lien of any Parcel
General Assessment. The sale or transfer of any Lot pursuant to mortgage foreclosure or
any proceeding in lieu thereof shall, however, extinguish the lien of such Parcel General
Assessment as to payments which became due more than six (6) months prior to such
sale or transfer. No sale or transfer shall relieve such Lot from liability for any Parcel
General Assessments thereafter becoming due or from the lien thereof.
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I. Certificates. The Supplemental Association shall, upon demand by an
Owner, at any time, furnish a certificate in writing signed by an officer of the
Supplemental Association that the Parcel Assessments by the Supplemental Association
on a Lot have been paid or that certain of such Parcel Assessments remain unpaid, as the
case may be.
J. Supplemental Association's Annual Budget. By a majority vote of the
Supplemental Board, the Supplemental Board shall adopt an annual budget for the
subsequent fiscal year, which shall provide for allocation of expenses in such a manner
that the obligations imposed on the Supplemental Association by the Declaration and this
Supplemental Declaration will be met.
Section 7. Architectural Control and Construction.
A. The Development Standards and Architectural Control Committee. A
Development Standards and Architectural Control Committee consisting of at least three
(3) members shall be established. Prior to the Parcel Applicable Date the members of the
Development Standards and Architectural Control Committee shall be appointed,
removed and replaced by Supplemental Declarant in its discretion. After the Parcel
Applicable Date, the members of the Development Standards and Architectural Control
Committee shall be appointed, removed and replaced by the Supplemental Board in its
discretion.
B. Purpose. The Development Standards and Architectural Control
Committee shall regulate the external design, appearance, use, location and maintenance
of the Parcel and of all improvements thereon in such manner as to preserve and enhance
values, to maintain a harmonious relationship among Residential Units, improvements
and the natural vegetation and topography consistent with the design theme of the Parcel
established by Supplemental Declarant, to implement the development standards and
guidelines set forth in the Zoning Ordinance and to assure compliance with this
Supplemental Declaration and the Supplemental Building Guidelines established by
Supplemental Declarant for the Parcel.
C. Building Activity. Except as otherwise expressly provided in this
Supplemental Declaration, no improvements, Residential Units, alterations, repairs,
change of colors, excavations, changes in grade, planting, signage or other work that in
any way alters any Lot or the exterior of the improvements located thereon from its
natural or improved state existing on the date such Lot was first conveyed in fee by
Supplemental Declarant to another Owner including, but not limited to, (i) construction,
erection or alteration of any Residential Unit, Structure, other building, fixture,
recreational equipment, fence, wall, parking area, pools, hot tubs or other Structure on a
Lot or (ii) any plantings, other landscaping signage or exterior lighting on a Lot, shall be
made or done without the prior approval of the Development Standards and Architectural
Control Committee of a Lot Development Plan therefore. Prior to commencement by any
Owner other than Supplemental Declarant of any Building Activity, a Lot Development
Plan with respect thereto shall be submitted to the Development Standards and
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Architectural Control Committee, and no Building Activity shall be commenced or
continued by any Person other than Supplemental Declarant without the prior written
approval of the Development Standards and Architectural Control Committee of a Lot
Development Plan relating to such Building Activity. Such approval shall be in addition
to, and not in lieu of, all approvals, consents, permits or variances required by law from
governmental authorities having jurisdiction over the Parcel, and no Owner shall
undertake any Building Activity within the Parcel unless all legal requirements have been
satisfied. Approval by the Development Standards and Architectural Control Committee
of a Lot Development Plan shall not be deemed to imply compliance with approvals,
consents, permits and/or variances required by law from governmental authorities having
jurisdiction over the Parcel. Each Owner shall complete all improvements to a Lot
strictly in accordance with the Lot Development Plan approved by the Development
Standards and Architectural Control Committee. As used in this Section 7(C),
"plantings" does not include flowers, bushes, shrubs or other plants having a height of
less than eighteen (18) inches.
D. Procedures. In the event the Development Standards and Architectural
Control Committee fails to approve, modify or disapprove in writing a Lot Development
Plan within sixty (60) days after notice of such plan has been duly filed with the
Development Standards and Architectural Control Committee in accordance with
procedures established by Supplemental Declarant, the Lot Development Plan shall be
deemed denied. A decision of the Development Standards and Architectural Control
Committee (including a denial resulting from the failure of such Development Standards
and Architectural Control Committee to act on the plan within the specified period) may
be appealed to the Supplemental Board which may reverse or modify such decision
(including approving a Lot Development Plan deemed denied by the failure of the
Development Standards and Architectural Control Committee to act on such plan within
the specified period) by a majority vote of the Supplemental Board.
E. Building Requirements and Guidelines. The Owners of Lots in the Parcel
shall at alI times comply with this Supplemental Declaration and the Supplemental
Building Guidelines adopted by the Supplemental Declarant or the Development
Standards and Architectural Control Committee. The Development Standards and
Architectural Control Committee shall have the power to establish and modify from time
to time such Supplemental Building Guidelines, written architectural, landscaping,
Iighting, fencing, recreational facility and signage design guidelines and standards as it
may deem appropriate to achieve the purpose set forth in this Section 7 to the extent that
such design guidelines and standards are supplemental and in addition to and not in
conflict with the specific provisions of the Declaration, this Supplemental Declaration,
the Zoning Ordinance or the Legacy Building Guidelines. Any such guideline or
standard may be appealed to the Supplemental Board which may terminate or modify
such guideline or standard by a majority vote of the Supplemental Board. The
Supplemental Building Guidelines may establish different standards and requirements for
various Lots in the Parcel based on the size, location and use of such Lots and the
improvements to be located thereon.
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F. Design Consultants. The Development Standards and Architectural
Control Committee may utilize the services of architects, engineers and other Persons
possessing design expertise and experience in evaluating Lot Development Plans. No
presumption of any conflict of interest or impropriety shall be drawn or assumed by
virtue of the fact that any of such consultants are affiliated with Supplemental Declarant
or a Designated Builder or may, from time to time, represent Persons filing Lot
Development Plans with the Development Standards and Architectural Control
Committee.
G. Existing Violations of Supplemental Declaration. The Development
Standards and Architectural Control Committee shall not be required to consider any Lot
Development Plan submitted by an Owner who is, at the time of submission of such Lot
Development Plan, in violation of the requirements of the Declaration, this Supplemental
Declaration or the provisions of the Zoning Ordinance, unless such Owner submits to the
Development Standards and Architectural Control Committee with such Lot
Development Plan an irrevocable agreement and undertaking (with such surety as the
Supplemental Board may reasonably require) to remove from the Owner's Lot any
improvements, landscaping, exterior lighting or signage constructed and/or installed prior
to the submission of a Lot Development Plan (or constructed and/or installed in violation
of a previously approved Lot Development Plan) to the extent any such previously
constructed or installed improvement, landscaping, exterior lighting or signage is not
subsequently approved by the Development Standards and Architectural Control
Committee. The Development Standards and Architectural Control Committee shall
have the power to recommend to the Supplemental Board that the Supplemental
Association assess an Architectural Control Assessment against any owner who fails to
comply with the requirements of this Supplemental Declaration, the Declaration, or the
provisions of the Zoning Ordinance. Under no circumstance shall any action or inaction
of the Development Standards and Architectural Control Committee be deemed to be
unreasonable, arbitrary or capricious if, at the time of such decision, the Person having
submitted a Lot Development Plan for approval by the Development Standards and
Architectural Control Committee has violated this Supplemental Declaration, the
Declaration, or the provisions of the Zoning Ordinance and such violation remains
uncured.
H. Exercise of discretion. Every Owner by the purchase of a Lot shall be
conclusively presumed to have consented to the exercise of discretion by the
Development Standards and Architectural Control Committee. In any judicial
proceeding challenging a determination by the Development Standards and Architectural
Control Committee and in any action initiated to enforce this Supplemental Declaration
to which an abuse of discretion by the Development Standards and Architectural Control
Committee is raised as a defense, abuse of discretion may be established only if a
reasonable Person, weighing the evidence and drawing all inferences in favor of the
Development Standards and Architectural Control Committee, could only conclude that
such determination constituted an abuse of discretion.
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I. Liability of Development Standards and Architectural Control Committee.
Neither the Development Standards and Architectural Control Committee, nor any
member or agent thereof, nor the Supplemental Declarant nor the Supplemental Board
shall be responsible in any way for any defects in any plans, specifications or other
materials submitted to it, nor for any defects in any work done according thereto.
Further, the Development Standards and Architectural Control Committee does not make,
and shall not be deemed by virtue of any action of approval or disapproval taken by it to
have made, any representation or warranty as to (i) the suitability or advisability of the
design, the engineering, the method of construction involved, or the materials to be used
or (ii) compliance with any applicable laws, statutes, rules, regulations, including,
without limitation, the ordinances of the Zoning Authority.
J. Construction. All Building Activity shall be undertaken and completed
strictly in accordance with the Supplemental Building Guidelines and the Lot
Development Plan approved by the Development Standards and Architectural Control
Committee. Unless a delay is caused by strikes, war, court injunction, or acts of God, or
unless the subject Owner has applied for and obtained from the Supplemental Board an
extension of time which the Supplemental Board in its discretion may grant, the Owner
of any Lot which on the date of purchase from Supplemental Declarant is not improved
shall commence construction of such Residential Unit upon the Lot within one (1) year
from the date the Owner acquired title thereto and shall complete construction thereof
within two (2) years after the date of commencement of the building process. Without
limiting the foregoing, once commenced, all construction shall be diligently pursued to
completion. If the Owner fails to commence or complete such construction within the
time periods specified herein, or if the Owner should, without Supplemental Declarant's
written approval, sell, contract to sell, convey, or otherwise dispose of, or attempt to sell,
convey or otherwise dispose of, the Lot before completion of such construction then, in
any of such events, Supplemental Declarant may:
1. Obtain injunctive relief to force the Owner to proceed with such
construction which has been approved by the Development Standards and
Architectural Control Committee upon application by such Owner; or,
2. Pursue such other remedies at law or in equity as may be available to
Supplemental Declarant.
K. Application. The failure of the Owner of a Lot to apply for approval of, or
receive approval from, the Development Standards and Architectural Control Committee
of a Lot Development Plan shall not relieve such Owners from his obligation to complete
such construction upon the Lot within the time period specified herein. For the purposes
of Section 7(K), construction will be deemed "completed" when the exterior of the
subject Structure (including but not limited to the foundation, walls, roof, windows, entry
doors, gutters, downspouts, exterior trim, paved driveway, landscaping and yard light)
has been completed in conformity with the Lot Development Plan.
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L. Inspection. The Development Standards and Architectural Control
Committee may inspect work being performed to assure compliance with these
Restrictions and applicable regulations.
Section 8. Covenants and Restrictions
A. Land Use. Lots may be used only for single - family residential purposes
and only one Residential Unit, not to exceed the maximum height permitted by and
measured pursuant to the Applicable Laws, may be constructed thereon. No portion of
any Lot may be sold or subdivided such that there will be thereby a greater number of
Residential Units, located in any particular platted area, than the number of Lots depicted
on the Plat of such area.
B. Address Identification. The numbers representing the address of each
Residential Unit will be of a uniform appearance and will be displayed in a uniform
location and manner, as determined by the Development Standards and Architectural
Control Committee.
C. Lighting. All homes will have exterior lights in compliance with the
Guidelines, or as otherwise approved by the Development Standards and Architectural
Control Committee. In the Supplemental Declarant's sole discretion, street lights may be
installed by Supplemental Declarant in the utility easements on Lots, in the Common
Areas, and in public rights -of -way. Until the Parcel Applicable Date, and in the
Supplemental Declarant's sole discretion, street lights may be operated and maintained
by the Supplemental Association. After the Parcel Applicable Date, the Supplemental
Association shall have the right to remove street lights deemed no longer necessary by
the Supplemental Board.
D. Temporary Residential Units. No trailer, shack, tent, boat, basement,
garage or other outbuilding may be used at any time as a dwelling or Residential Unit,
temporary or permanent, nor may any structure of a temporary character be used as a
dwelling or Residential Unit. No temporary structure, trailer, or other outbuilding shall
be placed or erected on any Lot, except by Supplemental Declarant or a Designated
Builder. Any such temporary structure, trailer, garage, or other outbuilding shall be
removed immediately upon completion of the primary Residential Unit.
E. Driveways. All driveways in the Parcel shall be concrete in material,
unless otherwise approved by the Development Standards and Architectural Control
Committee.
F. Water Systems. Each Owner shall connect to the water main maintained
by a private or public water utility to provide water for domestic use on the Lot and shall
pay all connection, or other charges lawfully established with respect to connections
thereto.
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G. Drainage. In the event storm water drainage from any Lot or Lots flows
across another Lot, provision shall be made by the Owner of such downstream Lot to
permit such drainage to continue, without restriction or reduction, across the downstream
Lot and into the natural drainage channel or course, although no specific drainage
easement for such flow of water is provided on the Plat. To the extent not maintained by
the municipality or local governmental board having jurisdiction, "Drainage Easements"
shall exist in drainage swales and shall be maintained by the Owner of the Lot upon
which such easements are located such that water from any adjacent Lot shall have
adequate drainage along such swale. The elevation of a Lot shall not be changed so as to
materially affect the surface elevation or grade of surrounding Lots. Perimeter foundation
drains and sump pump drains shall be connected whenever feasible into a subsurface
drainage tile. Down spouts and drains shall be designed to disperse runoff for overland
flow to street or swale collection systems. Each Owner shall maintain the subsurface
drains and tiles located on his Lot and shall be liable for the cost of all repairs thereto or
replacements thereof.
H. Signs. Except for such signs as Supplemental Declarant may in its sole
discretion display or allow a Designated Builder to display in connection with the
identification of development of the Parcel and the sale of Lots therein, no sign of any
kind shall be displayed to the public view of any Lot except that one (1) sign of not more
than four (4) square feet may be displayed by an Owner at any time for the purpose of
advertising Lot or Residential Unit thereon for sale.
I. Fencing. This subsection is applicable to all Lots except those Lots which
are used for a sales office or model home by the Supplemental Declarant or a Designated
Builder. No fence, wall, hedge, or shrub planting higher than eighteen (18) inches shall
be permitted between the front Parcel line and the front building set back line except
where such planting is part of Residential Unit landscaping approved by the Development
Standards and Architectural Control Committee and the prime root thereof is within six
(6) feet of the Residential Unit. Trees shall not be deemed "shrubs" unless planted in such
a manner as to constitute a "hedge ". All plans for approval of fencing which are
submitted to the Development Standards and Architectural Control Committee shall
identify all corners of the subject Lot, as determined by a licensed surveyor, and the Lot
Owner shall be responsible for installing the fence in accordance with the approved plans.
All fencing on a Lot shall be uniform in height, style, and color and substantially similar
in material. No fence or wall shall be erected or maintained on or within any Landscape
Easement except such as may be installed by Supplemental Declarant and subsequently
replaced by the Supplemental Association in such manner as to preserve the uniformity
of such fence or wall. No fence may be erected on a Lot without prior approval of the
Development Standards and Architectural Control Committee, which shall approve or
disapprove the location of all fences. The Development Standards and Architectural
Control Committee may establish further restrictions and design standards with respect to
fences, including limitations on (or prohibition of) the installation of fences in the rear
yard of a Lot abutting a Pond. All fences shall be kept in good repair. Each Owner shall
properly maintain, mow, and trim grass on all portions of such Owner's Lot, including
the portions of the Lot located on the other side of a fence installed upon such Lot.
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J. Nuisances. No noxious or offensive activity shall be carried on upon any
Lot nor shall anything be done thereon which may be, or may become, an annoyance or
nuisance to the neighborhood hereby established. Violation of any ordinance governing
noise, building or lot maintenance, or any other public nuisance shall be deemed to be a
nuisance creating rights in every affected Owner, the Supplemental Declarant, and/or the
Supplemental Association, as the case may be, to enforce the provisions hereof against
the offending Owner. Barking dogs shall constitute a nuisance. In the event of successful
enforcement by an Owner, the Supplemental Declarant, or the Supplemental Association
of the provisions thereof, the offending Owner shall be liable to the prevailing party for
attorneys' fees, court costs, and all other costs and expenses of litigation and collection in
connection therewith.
K. Garbage and Refuse Disposal. No Lot shall be used or maintained as a
dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary
containers out of public view except for a period of time not more than 24 hours prior to
the removal thereof, when it may be placed at the curb of the Lot. All equipment for
storage or disposal of such materials shall be kept clean and sanitary.
L. Livestock and Poultry. No animals, livestock or poultry of any kind shall
be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be
kept provided that they are not kept, bred, or maintained for any commercial purpose.
The owners of such permitted pets shall confine them to their respective Lots such that
they will not be a nuisance. Owners of dogs shall so control or confine them so as to
avoid barking which will annoy or disturb adjoining Owners. Unless permitted by the
Supplemental Board, no Owner shall maintain more than two (2) of the same type (dog,
cat, bird) of pet nor more than four (4) total pets; provided, however, that fish which are
located in indoor aquariums and which pose no risk to the public health shall not be
considered pets for the purpose of this restriction. No dangerous or potentially dangerous
pets, such as exotic animals (large wild cats, wolves, alligators, snakes which are
poisonous or longer than two feet, poisonous spiders, and so on) shall be permitted to
exist in a Residential Unit or on a Lot without the unanimous consent of the Development
Standards and Architectural Control Committee and the Supplemental Board; provided,
however, that the decision of the Supplemental Board to permit such animal or animals
may be overturned by a majority vote of the members at any meeting.
M. Outside Burning. No trash leaves, or other materials shall be burned upon
a Lot unless the smoke therefrom will not blow upon any other Lot. Owners shall use
appropriate incinerators and shall at all times be in compliance with all applicable legal
requirements for outside burning.
N. Antennae Systems. To the extent not inconsistent with federal law,
exterior television and other antennae, including satellite dishes, are prohibited, unless
approved in writing by the Development Standards and Architectural Control Committee.
The Development Standards and Architectural Control Committee may adopt rules for
the installation of such antennae and/or satellite systems, which rules shall require that
18
antennae and satellite dishes be placed as inconspicuously as possible and only when
fully screened from public view on the Lot, sides or rear of the Residential Unit. It is the
intent of this provision that the Development Standards and Architectural Control
Committee shall be able to strictly regulate exterior antennae and satellite dishes to the
fullest extent of the law and should any regulations adopted herein or by the
Development Standards and Architectural Control Committee conflict with federal law,
such rules as do not conflict with federal law shall remain m full force and effect.
O. Exterior Lights. Except on Lots on which there is maintained a sales office
or model home by the Supplemental Declarant or a Designated Builder, no exterior lights
shall be erected or maintained between the building line and rear lot line so as to shine or
reflect directly upon another Lot.
P. Electric Bug Killers. Electric bug killers, "zappers ", and other similar
devices shall not be installed at a location or locations which result in the operation
thereof becoming a nuisance or annoyance to other Owners, and shall be operated only
when outside activities require the use thereof and not continuously.
Q. Supplemental Association's Right to Perform Certain Maintenance. In the
event that the Owner of any Lot shall fail to maintain his or her Lot and any
improvements situated thereon in accordance with the provisions of this Supplemental
Declaration, the Supplemental Association shall have the right, but not the obligation, by
and through its agents or employees or contractors, to enter upon said Lot and repair,
mow, clean or perform such other acts as may be reasonably necessary to make such Lot
and improvements situated thereon, if any, conform to the requirements of these
restrictions. The corresponding costs incurred by the Supplemental Association shall be
assessed to the Owner and shall constitute a lien on such Owner's Lot. The Owner of
such Lot shall reimburse the Supplemental Association within thirty (30) days of the date
on which the Owner is invoiced by the Supplemental Association. The Supplemental
Association shall have the right to collect any amounts due and owing under this Section
7(Q) in the same manner as assessments are collected per the terms of Section 6 of this
Supplemental Declaration, together with reasonable attorney's fees and costs of
collection. Neither the Supplemental Association nor any of its agents, employees, or
contractors shall be liable for any damage that may result from any maintenance work
performed hereunder.
R. Awnings. Except on Lots on which there is maintained a sales office or
model home by the Supplemental Declarant, or as approved by the Development
Standards and Architectural Control Committee, no metal, wood, fabric, fiberglass or
similar type material awnings or patio covers are permitted anywhere on the Parcel.
S. Diligence in Construction. Subject to inclement weather, every Residential
Unit shall be completed within fifteen (15) months after the commencement of the
construction thereof. For cause shown, this fifteen (1 5) month period may be extended by
the Development Standards and Architectural Control Committee. No improvement
which has partially or totally been destroyed by fire or otherwise shall be allowed to
19
remain in such state for more than three (3) months after the time of such destruction or
damage or, if approval of the applicable casualty insurance is pending, then within three
(3) months after such approval is forthcoming.
T. HVAC Residential Units. All heat pumps, air conditioning Residential
Units or gas meters shall be installed along the side elevations of the Residential Unit or
the rear elevation of the Residential Unit and, if installed along the side elevation, shall
be (i) set back at least fifteen (15) feet from the front elevation and (ii) screened from
view in accordance with a landscape plan approved by the Development Standards and
Architectural Control Committee.
U. Pond and Pond Area(s). Except as otherwise provided, no individual using
a Pond, if any, has the right to cross another Lot or trespass upon shoreline not within a
Common Area owned by the Supplemental Association, subject to the rights of the
Supplemental Declarant, the Supplemental Association, their employees, heirs,
successors and assigns as set forth in the Declaration. No one shall do or permit any
action or activity which could result in pollution of any Pond, diversion of water,
elevation of any Pond level, earth disturbance resulting in silting or any other conduct
which could result in an adverse effect upon water quality, drainage or proper Pond
management, except as provided in this Supplemental Declaration. A Pond may not be
used for swimming, ice skating, boating, or for any other purpose, except for drainage of
the Parcel, unless expressly and specifically approved by the Supplemental Board in
writing and allowed by law. Ponds and Pond Areas may or may not exist on the Parcel,
and the reference throughout this Supplemental Declaration to Ponds and Pond Areas is
made in order to address Ponds and Pond Areas, if any, which now exist or are later
constructed upon the Parcel. The installation on the Parcel of any Pond or Pond Area
shall be within the sole discretion of the Supplemental Declarant, and under no
circumstances shall the Supplemental Declarant be required or obligated to install any
Pond or Pond Area. Only the Supplemental Declarant and the Supplemental Association
shall have the right to store items or develop recreational facilities upon any Limited
Common Area including, without limitation, Limited Common Areas on which a Pond
exists.
V. Mailboxes. All mailboxes and posts must be approved by the
Development Standards and Architectural Control Committee and shall be standard as to
size, location, post, design, height, material, composition and colors. The Designated
Builder shall install the initial mailbox for each Lot, meeting the above criteria, at the Lot
Owner's expense. The Owner shall, at the Owner's expense, maintain, repair, replace
and paint said mailbox and post in conformance with all other mailboxes.
W. Maintenance of Lots and Improvements. Each Owner shall at all times
maintain the Lot and any improvements situated thereon in such a manner as to prevent
the lot or improvements from becoming unsightly and, specifically, such Owner shall:
1. Mow the Lot at such times as may be reasonably required in order
to prevent the unsightly growth of vegetation and noxious weeds. Additionally, all
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Lots shall be free of weeds and properly irrigated in order to maintain a good and
healthy appearance;
2. Remove all debris or rubbish from the Lot;
3. Prevent the existence of any other condition that tends to detract
from or diminish the aesthetic appearance of the Parcel;
4. Cut down and remove dead trees from the Lot; and,
5. The Owner shall landscape the Lot in accordance with the
provisions set forth in this Supplemental Declaration and the Owner's lot
development plan approved by the Development Standards and Architectural
Control Committee. (i) within thirty (30) days after such approval, subject to force
majeure and inclement weather or (ii) by an alternate date approved by the
Development Standards and Architectural Control Committee.
X. Clothes Lines. No clotheslines may be erected on any Lot.
Y. Outbuildings and Animal Ouarters. Any and all forms of outbuildings,
including but not limited to, sheds, storage sheds, animal quarters, and play houses,
which are not directly connected to the main house on any Lot are prohibited, unless the
same are necessary or incident to the Supplemental Declarant's, Designated Builder's or
Supplemental Association's business or activities upon the Parcel; provided, however,
that a pool house which (i) is used for changing and/or showering but not as sleeping
quarters, (ii) is constructed on a foundation with footers (iii) is architecturally consistent
with and uses the same exterior building materials as the Residential Unit and (iv) is
approved by the Development Standards and Architectural Control Committee shall be
allowed. Animal quarters or kennels which are connected to the Residential Unit must be
approved by the Development Standards and Architectural Control Committee.
Z. Play Equipment. Children's play equipment such as sandboxes,
temporary swimming pools having a depth of eighteen (18) inches or less, swing and
slide sets, and trampolines shall not require approval by the Development Standards and
Architectural Control Committee, provided that (i) such equipment is not more than eight
(8) feet high (to the highest point of the structure) and properly painted and maintained
by the Owner in good repair, (ii) such equipment is located in the rear yard of the Lot
between the parallel lines defined by extending the side lines of the Residential Unit into
the rear yard of the Lot, and (iii) any swing and slide sets are constructed of wood. Metal
swing and slide sets are prohibited. Prior approval by the Development Standards and
Architectural Control Committee of the design, location, color, material and use of any
equipment greater than eight (8) feet in height shall be required, and aluminum or metal
play equipment is prohibited.
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AA. Plumbing. All plumbing vent stacks are to be located on the rear of the
Residential Unit unless an alternative location is approved by the Development Standards
and Architectural Control Committee.
BB. Subsurface Drains and Sump Pump Discharges. Subsurface drains may
have been provided in certain areas within drainage easements as additional storm and
ground water drainage sources and are part of the public storm drainage system.
Subsurface drain laterals have been provided on specific Lots, and the Designated
Builder on such Lots shall connect all sump pump discharge lines to such laterals. All
maintenance and repair of all sump pump discharge lines and subsurface drain laterals
shall be the responsibility of each Lot Owner in accordance with the following:
1. The areas of Owner responsibility include all sump pump lines and
subsurface drain laterals between the connection at the sump pump within the
home and the connection with the publicly maintained storm sewer or subsurface
drain within the drainage easement.
2. In cases where subsurface drain laterals are connected along a
common Parcel line before connecting to the storm sewer, maintenance and repair
of the common lateral will be shared equally by the adjacent Owners unless an
individual Owner caused the lateral to be damaged, changed or altered.
3. Any Owner or Designated Builder damaging, changing, or altering
these subsurface drains or common subsurface drain laterals shall be responsible
for such action and will be given ten (10) days notice, by registered mail, to repair
said damage, after which time, if no action is taken, the appropriate jurisdictional
agency, Supplemental Declarant or the Supplemental Association may cause said
repairs to be accomplished and the invoice for such repairs will be sent to the
responsible Owner(s) and/or Designated Builder(s) for immediate payment. If
immediate payment is not received, the amount owed shall be a lien on the subject
Lot and Residential Unit and the Supplemental Declarant and/or the Supplemental
Association shall have all the rights and remedies to collect any outstanding
amounts as outlined in Section 6 of this Supplemental Declaration.
CC. Swimming Pools and Hot Tubs. Only permanent, in- ground,
professionally constructed pools, which are approved by the Development Standards and
Architectural Control Committee, shall be permitted upon a Lot. All submittals to the
Development Standards and Architectural Control Committee shall include landscape
plans. All backyard pools shall be oriented to minimize the potential affect on
neighboring Lots, shall be enclosed by a fence which obstructs unauthorized access or
shall have an automatic pool cover, and shall comply with all other Applicable Laws. All
fencing shall conform to county or municipal regulations and shall be of harmonious
design and subject to Development Standards and Architectural Control Committee
approvals. Hot Tubs must also be approved by the Development Standards and
Architectural Control Committee.
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DD. Tennis Courts, Racquetball Courts, Paddleball Courts and so on. Tennis
courts, racquetball courts, paddle ball courts, basketball courts, squash courts, and other
recreational facilities or sporting facilities are not permitted without the prior approval
from the Development Standards and Architectural Control Committee; provided,
however, that basketball goals may be installed on a Lot adjacent to driveway without
Development Standards and Architectural Control Committee approval so long as they
are permanent and have clear fiberglass or glass backboards supported by black posts.
All submittals to the Development Standards and Architectural Control Committee shall
include landscape plans. Independent basketball courts may not be constructed on a Lot
without written Development Standards and Architectural Control Committee approval.
No basketball goal or backboard shall be permitted to hang from or be affixed to the
Residential Unit or garage. Lighted courts of any kind are prohibited. Temporary or
portable basketball courts will not be permitted.
EE. Vents. All metal and PVC roof or range vents shall be painted to blend
with roof color.
FF. Windows - Doors. If storm doors are installed, they must be painted to
match exterior of the Residential Unit, and must be approved by the Development
Standards and Architectural Control Committee. No unfinished aluminum doors or
windows are allowed. All curtains, blinds or other window coverings shall be tasteful
and commensurate with the architecture, design and appearance of Residential Units on
the Parcel.
GG. Street Signs. Decorative street signs that do not conform to applicable
municipal standards may be installed by Supplemental Declarant in the Supplemental
Declarant's sole discretion. Such decorative street signs, if any, shall be maintained by
the Supplemental Association, and shall be repaired or replaced by the Supplemental
Association, if damaged, in accordance with Applicable Laws.
HH. Fuel Tanks. All above or below ground storage tanks, with the exception
of gas storage tanks used solely in connection with gas grills for the purpose of grilling or
cooking food, are prohibited.
II. Garbage and Other Refuse. No Lot Owner in the Parcel shall bum or
permit the burning out -of -doors of garbage or other refuse, nor shall any such Owner
accumulate or permit the accumulation out -of -doors of such refuse, including compost,
on such Owner's Lot.
JJ. Home Occupations. No Lot or Lots shall be used by an Owner, other than
a Designated Builder or Supplemental Declarant, for any purpose other than as a single -
family Residential Unit, except that a home occupation, that satisfies all requirements of
all Applicable Laws, may be permitted provided that, in addition to the requirements of
Applicable Laws, any such Owner's use is conducted entirely within the Residential Unit
and participated in solely by a member of the immediate family residing in said
Residential Unit, and is clearly incidental and secondary to the use of the Residential Unit
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for dwelling purposes and does not change the character thereof and in connection with
which there is (i) no sign or display that will indicate from the exterior that the
Residential Unit is being utilized in whole or in part for any purpose other than that of a
dwelling; (ii) no commodity sold upon the premises; (iii) no person is employed other
than a member of the immediate family residing in the Residential Unit; and (iv) no
manufacture or assembly operations are conducted. Provided however and further, that in
no event shall a child day care, barber shop, styling salon, animal hospital, any form of
animal care or treatment such as dog trimming, or any other similar activities be
permitted as a home occupation. The foregoing notwithstanding, the Supplemental
Declarant and Designated Builders shall be permitted to operate sales trailers, model
homes, and sales offices.
KK. Open Drainage Ditches and Swales. The following shall apply to open
ditches and swales (ditches) along dedicated roadways or within rights of way or
established drainage easements:
1. Drainage swales (ditches) along dedicated roadways or within
rights -of -way or established drainage easements, shall not be altered, dug out,
filled in, tiled, or otherwise changed, without the written permission of the
appropriate jurisdictional agency and the Supplemental Association. Owners must
maintain these swales as grass ways or other non- eroding surfaces. Any damage
to swales or drainage Residential Units must be repaired or replaced by the Owner
causing such damages.
2. Any Owner or Designated Builder altering, changing, or damaging
such drainage swales or ditches shall be responsible for such action and will be
given ten (10) days notice, by registered mail, to repair said damage, after which
time, if no action is taken, the appropriate jurisdictional agency, the Supplemental
Declarant or the Supplemental Association may cause said repairs to be
accomplished and the invoice for such repairs shall be sent to the responsible
Owners for immediate payment. If immediate payment is not received by the
Supplemental Association, the amount owed, together with reasonable attorney's
fees, shall be a lien on the subject Lot and Supplemental Association shall have
all the rights and remedies to collect any outstanding amounts as outlined
hereafter in Section 6 of this Supplemental Declaration.
LL. Roofing Materials. The roofing materials on all Residential Units shall be
of a quality, style and composition acceptable to the Development Standards and
Architectural Control Committee.
MM. Solar Panels. Solar panels shall not be permitted on any Residential Unit
unless the solar panel is approved by the Development Standards and Architectural
Control Committee. The Development Standards and Architectural Control Committee,
in reviewing a request for a solar panel, shall consider landscaping, location, size,
aesthetics, and the visibility of the solar panel.
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NN. Parking of Larger Vehicles. Trucks one (1) ton or larger in size, campers,
trailer, motor homes, RVs, boats, snowmobiles, jet ski or similar vehicles shall not
remain on any driveway or Lot, except within a closed garage, for more than twelve (12)
consecutive hours within any one hundred twenty (120) hour period.
00. Outside Storage. There shall be no outside storage of commercial trucks,
trailers, boats, inoperable vehicles, equipment, or fuel tanks.
PP. Wells. Water wells, which are approved by the Development Standards
and Architectural Control Committee and may be used only for irrigating lawns and
landscaping, may be drilled on Lots and Limited Common Areas so long as the water
from such wells will not discolor sidewalks or concrete and, in the event of such
discoloration, the responsible Owner shall be liable and responsible for all clean-up costs.
All wells must comply with all Applicable Laws. All well equipment, tanks, pumps and
other related infrastructure shall be underground. Well heads shall not be located in front
yards or side yards, and shall be properly screened and landscaped.
QQ. Occupancy or Residential Unit Use of Partially Completed Residential
Unit Prohibited. No Residential Unit constructed on any Lot shall be occupied or used for
residential purposes or human habitation until a certificate of occupancy therefore has
been issued.
RR. Sidewalks. Owners, at their expense, shall be responsible for installing
sidewalks along and within the segment of the Street adjacent to their Lot.
SS. Construction and Landscaping; Time Requirements; Divestiture;
Penalties. All construction upon, landscaping of, and other improvements to a Lot shall
be completed strictly in accordance with a Lot development plan approved by the
Development Standards and Architectural Control Committee. All landscaping specified
on the landscaping plan approved by the Development Standards and Architectural
Control Committee shall be installed on the Lot strictly in accordance with such approved
plan within sixty (60) days following substantial completion of the Residential Unit,
unless delayed due to adverse weather conditions.
TT. Septic Systems. No septic tank, absorption field, or any other on -site
sewage disposal system shall be installed or maintained on any Lot.
Section 9. Use and Ownership of Limited Common Area
A. Ownership. A license, upon such terms, conditions, rules and regulations
as the Supplemental Board, shall from time to time promulgate, for the use and
enjoyment of the Limited Common Areas, is hereby granted to the Owners and their
family, guests, tenants or contract purchasers. Every Owner shall have a nonexclusive
right and easement of enjoyment in common with all other Owners, in and to the Limited
Common Areas, which nonexclusive right and easement of enjoyment shall be
appurtenant to and pass with the title to every Lot.
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B. Use. All Limited Common Areas shall be used for such purposes deemed
appropriate by the Supplemental Declarant until after the Parcel Applicable Date and
after the Parcel Applicable Date, all Limited Common Areas shall be used for such
purposes as deemed appropriate by the Supplemental Association.
C. Non - dedication. Neither the Supplemental Declarant's execution nor
recording of the Plats nor the doing of any other act by the Supplemental Declarant is, or
is intended to become or shall be construed as, a dedication to the public of any Limited
Common Area including, without limitation, the Amenity Area.
Section 10. General Community Rules.
A. Binding Nature. Each Lot shall be subject to the guidelines, rules,
regulations and procedures adopted by the Corporation, the Supplemental Association or
any instrumentality thereof in accordance with the authority granted by the Declaration
and this Supplemental Declaration.
B. Rule- Making Authorii_y. The Development Standards and Architectural
Control Committee may adopt general rules and regulations relating to the use and
enjoyment of the Parcel appropriate to the maintenance of the Parcel as a first -class
mixed -use business, retail and residential development; provided, however, that such
rules and regulations must be uniform and equally applicable to all Owners within the
Parcel. Such general rules may be amended by a majority vote of the Development
Standards and Architectural Control Committee. Subsequent to the Parcel Applicable
Date, any such amendment may be made only after a meeting of the Supplemental Board
of which due notice to all affected Owners has been provided, and if such amendments
are approved by a majority vote of the Supplemental Board. All general rules and any
subsequent amendments thereto shall constitute Restrictions.
Section. 11. Borrowing and Contractual Limitations.
A. Approval of Certain Contracts; Meeting; Vote by the Members. The
Supplemental Board may not enter into any contract that would result in a Special Assessment or
the increase in the existing Parcel General Assessment, payable by the affected Owner, in the
amount of more than five hundred dollars ($500.00) per year for each affected Owner unless: (1)
the Board holds at least two (2) Supplemental Association meetings of the Members concerning
the contract; and (2) the contract is approved by the affirmative vote of at least two-thirds (2/3) of
the affected Members. The Supplemental Board shall give notice of the first such Association
meeting to each Member of the Supplemental Association at least ten (10) calendar days before
the date the meeting occurs. The provisions in this subparagraph (A) do not apply to a contract
entered into by a Supplemental Board that would resolve, settle, or otherwise satisfy an act of
enforcement against the Supplemental Association for violating a state or local law.
26
B. Borrowing Money; Approval by the Members. The Supplemental
Association may not borrow money during any calendar year on behalf of the Association in an
amount that exceeds the greater of:
(1) five thousand dollars ($5,000.00) during any calendar year or
(2) if the Supplemental Association operated under an annual budget in the
previous calendar year, an amount equal to at least ten percent (10 %) of the
previous annual budget of the Association;
unless borrowing the money is approved by the affirmative vote of a majority of the members of
the Association voting under this provision. A vote held under this provision must be conducted
by paper ballot. The Association shall distribute paper ballots to persons eligible to vote at least
thirty (30) days before the date the votes are to be opened and counted. Votes cast under this
provision shall be opened and counted at a public meeting held by the Association. None of the
provisions and requirements in this subparagraph (B) shall apply to money borrowed by the
Association that is needed to: (1) resolve, settle, or otherwise satisfy an act of enforcement against
the Association for violating a state or local law; or (2) address an emergency that affects the
public health, safety, or welfare.
Section 12. Grievance Procedure. The following grievance procedure shall apply to
disputes or claims other than Exempt Claims (defined below):
A. Composition and Term of Grievance Committee. The Supplemental Board
shall establish a Grievance Committee consisting of three (3) persons, each of whom
must be a Member who is not on the Supplemental Board or on the Development
Standards and Architectural Control Committee. The term of office for each Member on
the Grievance Committee shall be for not more than one (1) year, and may be staggered
as the Board deems appropriate. The members of the Grievance Committee shall select
among themselves a chair member, who shall lead the meetings of the Grievance
Committee but who shall have no greater authority than any other Member on the
Grievance Committee. The Supplemental Board shall notify all Members of the identities
of the members of the Grievance Committee, including its chair.
B. Purpose. The purpose of the Grievance Committee shall be to
receive complaints and disputes, other than Exempt Claims (defined below) by and
between (i) two or more Members, whether arising out of a purported breach of the
restrictions set forth in the Supplemental Declaration in the use of a particular Lot or
Lots, or otherwise; and (ii) one or more Members and the Supplemental Association.
C. Meetings of the Grievance Committee. Although the Grievance
Committee may meet without all members of the Grievance Committee present, it may
only act if two members of the Grievance Committee are present. The Grievance
Committee shall not be required to meet more than once per calendar month.
27
D. Authority and Procedure. The Grievance Committee's authority shall
be limited to the informal mediation of the matters that may come before it, but the
Grievance Committee shall have no authority to render legally binding decisions upon
those that come before it. Individuals shall submit matters to be presented to the
Grievance Committee in writing to either the chair of the Grievance Committee or the
President of the Board. Individual meetings of the Grievance Committee shall be
conducted using Roberts Rules of Order or other procedures the Grievance Committee
may adopt in writing from time to time. Minutes from the meetings of the Grievance
Committee shall be delivered to the Secretary of the Board for inclusion in the records of
the Supplemental Association.
E. Conflict of Interest. A member of the Grievance Committee shall
have a conflict of interest if such member has a direct financial interest in the outcome of
the subject grievance procedure or is such member determines, in such member's sole
discretion, that he or she is biased or prejudiced with respect to the subject grievance. In
the event of a conflict of interest involving one member of the Grievance Committee, the
other two members of the Grievance Committee shall act on behalf of the committee. If
two or more members of the Grievance Committee have a conflict of interest, the
Grievance Committee shall so notify the Board and the Board shall appoint replacements
for the limited purpose of hearing that particular matter.
F. Consultation with Manager. The Grievance Committee may consult with
the Manager on any complaints and disputes except for those referenced in subsection
(E), above, and may invite the Manager to attend or otherwise participate in the meetings
of the Grievance Committee.
G. Exempt Claims. Claims regarding any of the following (collectively
the "Exempt Claims ") are exempt from this Section 12 and, as such shall not be heard by
the Grievance Committee:
1. Claims relating to determinations by the or matters delegated by
this Supplemental Declaration to the Development Standards and
Architectural Control Committee ;
2. The Supplemental Association's Claim for Assessments and any
action by the Supplemental Association to collect Assessments;
3. Claims arising out of or pertaining to any matter made the subject
of litigation pending in or concluded by a court of competent
jurisdiction.
H. Litigation. Claimants shall not, as a condition to the commencement
of litigation, be required to first commence, follow or conclude the Grievance procedures
set forth in this Section 12, and the determinations of the Grievance Committee regarding
any particular claim shall not be legally binding upon the parties to such claim or prevent
the parties from initiating litigation regarding such claim. If litigation regarding a claim
28
is commenced (i) prior to the filing of a claim with the Grievance Committee or (ii) while
the Grievance Committee is hearing a pending claim, then the Grievance Committee shall
discontinue its process regarding such claim.
I. Release. All Members and any and all Claimants, by filing a claim
with the Grievance Committee or by participating in the Grievance Procedure set forth
above, hereby release the Supplemental Declarant, the Supplemental Association, the
Supplemental Board, the officers of the Supplemental Association, the Grievance
Committee and the members of the Grievance Committee from any and all
determinations of and actions by the Grievance Committee.
Section 13. Amendments.
A. Generally. This Supplemental Declaration may be amended at any time
by an instrument signed by (i) the appropriate officers of the Supplemental Association
acting pursuant to authority granted by not less than two- thirds (2/3) of the votes of the
Members cast at a meeting duly called for the purpose of amending this Supplemental
Declaration and, m addition, a majority of the Supplemental Board in its discretion and
(ii) to the extent required by Section 23 of the Declaration, the Declarant in its discretion.
B. By Supplemental Declarant. The Supplemental Declarant hereby reserves
the right and shall be entitled in its sole discretion, prior to the Parcel Applicable Date, to
unilaterally amend and revise any of the provisions, standards, covenants and restrictions
contained in this Supplemental Declaration Such amendments shall be in writing and
shall be recorded with the Recorder of Hamilton County, Indiana.
Section 14. Enforcement. The right to enforce each of the foregoing Restrictions by
injunction or other lawful means, together with the right to cause the removal by due
process of law of improvements and Residential Units erected or maintained in violation
thereof is reserved to the Declarant, the Corporation, the Supplemental Declarant, the
Supplemental Association, the Development Standards and Architectural Control
Committee, the Owners of the Lots in the Parcel, their heirs and assigns, and to the
Zoning Authority, their successors and assigns, who are entitled to such relief without
being required to show any damage of any kind by or through any such violation or
attempted violation. Under no circumstances shall the Declarant, Corporation,
Supplemental Declarant, the Supplemental Association or the Development Standards
and Architectural Control Committee be liable for damages of any kind to any Person for
failure to abide by, enforce or carry out any provision or provisions of this Supplemental
Declaration.
Section 15. Severability. Invalidation of any of the covenants and restrictions in this
Supplemental Declaration or any part thereof by judgment or court order shall not affect
or render the remainder of said covenants and restrictions invalid or inoperative.
29
Section 16. Non - Liability of Supplemental Declarant. The Supplemental Declarant
shall not have any duties, obligations, or liabilities hereunder except such as are expressly
assumed by the Supplemental Declarant and no duty of, or warranty by, the Supplemental
Declarant shall be implied by or inferred from any term or provision of this Supplemental
Declaration.
Section 17. General Provisions. Except as the same may be amended from time to
time, the foregoing restrictions will be in full force and effect until January 1, 2070, at
which time they will be automatically extended for successive periods of ten (10) years,
unless by a vote of the majority of the then Owners of Lots in the Parcel it is agreed that
these Restrictions shall terminate in whole or in part.
Section 18. Perpetuities. If any of the covenants, conditions, restrictions, or other
provisions of this Supplemental Declaration shall be unlawful, void, or voidable for
violation of the rule against perpetuities, then such provisions shall continue only until
twenty -one (21) years after the death of the last survivor of the now living descendants of
George Herbert Walker Bush, former President of the United Stated of America.
(Signature page follows)
30
IN WITNESS WHEREOF, this Supplemental Declaration has been executed as of the
date first above written.
Falcon Nest II, LLC, an Indiana
limited liability compan
By:
Co r v101 -1 v C AL'TH
0
lEiaTE3 V tLZG.;N IA
) SS
COUNTY OF N LFAX )
Rajai Zumot, Execut ve Officer
Before me, a Notary Public in and for said County and State, personally appeared Rajai
Zumot, Executive Officer of Falcon Nest II, LLC, an Indiana limited liability company, and
acknowledged the execution of the foregoing "Supplemental Declaration of Covenants and
Restrictions of The Ridge at The Legacy" for and on behalf of Falcon Nest II, LLC.
WITNESS my hand and Notarial Seal this/)' y of December 2012.
My Commission Expires:
e‘epL
My County of Residence: f/Al --F/ C
Notary Public
SHAHS -Y#* YRt-t ASWk t
(Printed Signature) .,�.�.e " f
it
-. Ct '" Q - -J� ~l � -'
7 . , •, `\
fr`I (ft C lc,.. „N .5
This instrument prepared by and after recording return to Charles D. Frankenberger, Attorney at
Law, Nelson & Frankenberger, 3105 E. 98th Street, Suite 170, Indianapolis, IN 46280
I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law (Charles D. Frankenberger).
H:\Zoning & Real Estate Matters\PLAT'NM\Legacy (Earlham)\Falcon Nest 11\CCRs HOAs\Residential Areas\Ridge - Ryan \CCRs\Ridges
Declaration 12-4- 12•doc
31
EXHIBIT "A"
(Real Estate)
A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, and part of the
East Half of the Northeast Quarter of Section 22, Township 18 North, Range 4 East, Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Northwest comer of said Northwest Quarter Section; thence South 00
degrees 07 minutes 15 seconds East (Assumed Bearing) along the West line of said Quarter
Section a distance of 99.33 feet to the POINT OF BEGINNING of this description; thence North
89 degrees 58 minutes 25 seconds East 22.77 feet; thence South 89 degrees 22 minutes 08
seconds East 103.23 feet; thence South 83 degrees 58 minutes 30 seconds East 54.30 feet; thence
South 00 degrees 00 minutes 00 seconds East 109.86 feet; thence South 90 degrees 00 minutes
00 seconds West 179.75 feet to the East line of the East Half of the Northeast Quarter of said
Section 22; thence continuing South 90 degrees 00 minutes 00 seconds West 402.75 feet; thence
South 00 degrees 00 minutes 00 seconds East 500.00 feet; thence North 90 degrees 00 minutes
00 seconds East 35.00 feet; thence South 00 degrees 00 minutes 00 seconds East 200.00 feet;
thence South 90 degrees 00 minutes 00 seconds West 90.00 feet; thence South 00 degrees 00
minutes 00 seconds East 145.00 feet; thence South 90 degrees 00 minutes 00 seconds West
177.50 feet; thence South 00 degrees 00 minutes 00 seconds East 39.22 feet; thence South 90
degrees 00 minutes 00 seconds West 145.00 feet; thence North 00 degrees 00 minutes 00
seconds East 84.22 feet; thence South 90 degrees 00 minutes 00 seconds West 100.00 feet;
thence South 00 degrees 00 minutes 00 seconds East 234.22 feet to a point on a curve concave
southwesterly, the radius point of said curve being North 90 degrees 00 minutes 00 seconds West
10.00 feet from said point; thence northwesterly along said curve 15.71 feet to a point on said
curve, said point being North 00 degrees 00 minutes 00 seconds East 10.00 feet from the radius
point of said curve; thence South 90 degrees 00 minutes 00 seconds West 95.00 feet to the point
of curvature of a curve concave southeasterly, the radius point of said curve being South 00
degrees 00 minutes 00 seconds West 10.00 feet from said point; thence southwesterly along said
curve 15.71 feet to the point of tangency of said curve, said point being South 90 degrees 00
minutes 00 seconds West 10.00 feet from the radius point of said curve; thence South 90 degrees
00 minutes 00 seconds West 50.00 feet to a point on a curve concave southwesterly, the radius
point of said curve being North 90 degrees 00 minutes 00 seconds West 10.00 feet from said
point; thence northwesterly along said curve 15.71 feet to a point on said curve, said point being
North 00 degrees 00 minutes 00 seconds East 10.00 feet from the radius point of said curve;
thence South 90 degrees 00 minutes 00 seconds West 260.72 feet to the West line of the East
Half of the Northeast Quarter of said Section 22; thence North 00 degrees 03 minutes 48 seconds
West along said West line a distance of 1,171.83 feet; thence South 89 degrees 46 minutes 32
seconds East 117.55 feet; thence South 88 degrees 35 minutes 16 seconds East 12.24 feet; thence
South 88 degrees 42 minutes 45 seconds East 20.41 feet; thence South 88 degrees 44 minutes 17
seconds East 56.52 feet; thence South 88 degrees 23 minutes 04 seconds East 15.80 feet; thence
South 84 degrees 48 minutes 27 seconds East 173.52 feet; thence South 88 degrees 44 minutes
54 seconds East 171.13 feet; thence South 86 degrees 51 minutes 09 seconds East 45.84 feet;
thence South 87 degrees 55 minutes 37 seconds East 99.38 feet; thence South 88 degrees 29
minutes 08 seconds East 77.44 feet; thence South 89 degrees 33 minutes 55 seconds East 140.45
feet; thence North 89 degrees 52 minutes 26 seconds East 274.73 feet; thence North 89 degrees
58 minutes 25 seconds East 112.95 feet to the East line of the East Half of the Northeast Quarter
of said Section 22 and place of beginning, containing 23.834 acres, more or less.
EXHIBIT `B"
(Additional Real Estate)
A part of the West Half of the Northwest Quarter, and part of the Northwest Quarter of the
Southwest Quarter of Section 23, Township 18 North, Range 4 East, and part of the East Half of
the Northeast Quarter of Section 22, Township 18 N, Range 4 East, Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Northwest comer of said West Half of the Northwest Quarter Section; thence
South 00 degrees 07 minutes 15 seconds East (Assumed Bearing) along the West line of said
Half Quarter Section, a distance of 99.33 feet; thence North 89 degrees 58 minutes 25 seconds
East 22.77 feet; thence South 89 degrees 22 minutes 08 seconds East 103.23 feet; thence South
83 degrees 58 minutes 30 seconds East 54.30 feet; thence South 00 degrees 00 minutes 00
seconds East 109.86 feet to the POINT OF BEGINNING of this description; thence continuing
South 00 degrees 00 minutes 00 seconds East along said line, a distance of 405.68 feet; thence
South 18 degrees 26 minutes 06 seconds West 316.23 feet; thence South 00 degrees 00 minutes
00 seconds East 535.79 feet; thence South 39 degrees 34 minutes 22 seconds West 83.20 feet;
thence South 00 degrees 00 minutes 00 seconds East 540.50 feet; thence South 90 degrees 00
minutes 00 seconds West 167.00 feet; thence South 00 degrees 00 minutes 00 seconds East
391.85 feet to a point on a curve concave southerly, the radius point of said curve being South 03
degrees 43 minutes 44 seconds West 407.00 feet from said point; thence easterly along said
curve 31.26 feet to the point of tangency of said curve, said point being North 08 degrees 07
minutes 45 seconds East 407.00 feet from the radius point of said curve; thence South 81 degrees
51 minutes 57 seconds East 151.76 feet to a point on a curve concave northerly, the radius point
of said curve being North 08 degrees 07 minutes 44 seconds East 443.00 feet from said point;
thence easterly along said curve 62.85 feet to the point of tangency of said curve, said point
being South 00 degrees 00 minutes 00 seconds West 443.00 feet from the radius point of said
curve; thence North 90 degrees 00 minutes 00 seconds East 109.78 feet; thence South 00 degrees
00 minutes 00 seconds East 65.30 feet to the point of curvature of a curve concave westerly, the
radius point of said curve being South 90 degrees 00 minutes 00 seconds West 75.00 feet from
said point; thence southerly along said curve 3.98 feet to the point of tangency of said curve, said
point being South 86 degrees 57 minutes 27 seconds East 75.00 feet from the radius point of said
curve; thence South 86 degrees 57 minutes 27 seconds East 50.00 feet to a point on a curve
concave southeasterly, the radius point of said curve being South 86 degrees 57 minutes 27
seconds East 20.00 feet from said point; thence northeasterly along said curve 30.35 feet to the
point of tangency of said curve, said point being North 00 degrees 00 minutes 00 seconds West
20.00 feet from the radius point of said curve; thence North 90 degrees 00 minutes 00 seconds
East 42.95 feet; thence South 00 degrees 00 minutes 00 seconds East 135.00 feet; thence
continuing South 00 degrees 00 minutes 00 seconds East along said line, a distance of 43.16 feet;
thence North 90 degrees 00 minutes 00 seconds East 39.48 feet; thence South 00 degrees 00
minutes 00 seconds East 295.00 feet; thence continuing South 00 degrees 00 minutes 00 seconds
East along said line, a distance of 51.00 feet; thence continuing South 00 degrees 00 minutes 00
seconds East along said line, a distance of 707.65 feet; thence continuing South 00 degrees 00
minutes 00 seconds East along said line, a distance of 0.01 feet; thence North 89 degrees 45
minutes 37 seconds West 366.46 feet a point on the West line of the Southwest Quarter of
aforesaid Section 23; thence North 00 degrees 19 minutes 58 seconds East 1,112.50 feet along
said West line to the Northwest corner of the Northwest Quarter of said Section 23; thence South
89 degrees 37 minutes 22 seconds West along the South line of the Southeast Quarter of the
Northeast Quarter of aforesaid Section 22, a distance of 1,320.15 feet to the Southwest comer of
said Quarter Quarter Section; thence North 00 degrees 03 minutes 48 seconds West along the
West line of said Quarter Quarter Section 1,246.48 feet; thence North 90 degrees 00 minutes 00
seconds East 260.72 feet to a point on a curve concave northeasterly, the radius point of said
curve being South 90 degrees 00 minutes 00 seconds East 10.00 feet from said point; thence
southeasterly along said curve 15.71 feet to a point on said curve, said point being South 00
degrees 00 minutes 00 seconds East 10.00 feet from the radius point of said curve; thence North
90 degrees 00 minutes 00 seconds East 50.00 to the point of curvature of a curve concave
northwesterly, the radius point of said curve being North 00 degrees 00 minutes 00 seconds East
10.00 feet from said point; thence northeasterly along said curve 15.71 feet to the point of
tangency of said curve, said point being North 90 degrees 00 minutes 00 seconds East 10.00 feet
from the radius point of said curve; thence South 90 degrees 00 minutes 00 seconds West 95.00
feet to a point on a curve concave northeasterly, the radius point of said curve being South 90
degrees 00 minutes 00 seconds East 10.00 feet from said point; thence southeasterly along said
curve 15.71 feet to a point on said curve, said point being South 00 degrees 00 minutes 00
seconds West 10.00 feet from the radius point of said curve; thence North 00 degrees 00 minutes
00 seconds West 234.22 feet; thence North 90 degrees 00 minutes 00 seconds East 100.00 feet;
thence South 00 degrees 00 minutes 00 seconds West 84.22 feet; thence North 90 degrees 00
minutes 00 seconds East 145.00 feet; thence North 00 degrees 00 minutes 00 seconds West 39.22
feet; thence North 90 degrees 00 minutes 00 seconds East 177.50 feet; thence North 00 degrees
00 minutes 00 seconds East 145.00 feet; thence North 90 degrees 00 minutes 00 seconds East
90.00 feet; thence North 00 degrees 00 minutes 00 seconds East 200.00 feet; thence South 90
degrees 00 minutes 00 seconds West 35.00 feet; thence North 00 degrees 00 minutes 00 seconds
East 500.00 feet; thence North 90 degrees 00 minutes 00 seconds East 402.75 feet; thence
continuing North 90 degrees 00 minutes 00 seconds East along said line, a distance of 179.75
feet to the place of beginning, containing 67.257 acres, more or less.
Together with all real estate contiguous to the above described Additional Real Estate.