Governing Documents

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BY-LAWS OF

Sand Creek Woods Homeowners Association, Inc.

Article I – General

Article II – Definitions

Article III – Membership and Voting Rights

Article IV – Nomination and Election of Directors

Article V – Board of Directors

Article VI – Officers and Their Duties

Article VII – Committees

Article VIII – Books of Account and Fiscal Year

Article IX – Contracts, Loans & Checks

Article X – Amendments

SAND CREEK WOODS

Amended and Restated Declaration of Covenants, Conditions and Restrictions
The undersigned, Sand Creek Woods Homeowners Association, Inc., an Indiana non-profit corporation (the “Association”), makes this Amended and Restated Declaration of Covenants, Conditions and Restrictions of Sand Creek Woods (the “Amended Declaration”) effective as of the date set forth below.

RECITALS:

WHEREAS, the Sand Creek Woods subdivision located in Hamilton County, Indiana was established by a certain Sand Creek Woods Declaration of Covenants, Conditions and Restrictions, dated August 6, 1997, which was recorded in the Office of the Hamilton County Recorder on August 8, 1997, as Instrument No. 9709732615, and amended by Instrument Nos. 1998008925, 1998020708, and l999038826 (all of which together shall be referred to hereafter as the “Original Declaration”);

WHEREAS, Plats filed with the Office of the Recorder of Hamilton County, Indiana as Instrument Nos. 1997032616, 1997045667, 1998036511, 1998036512, and 1999052945 established one hundred eighty-eight (188) Lots and Common Areas, comprising the Sand Creek Woods subdivision (hereinafter the “Development”);

WHEREAS, the original developer of the Development desired to provide for the preservation and enhancement of the values and amenities in the community, and, to this end, subjected the Development to certain rights, privileges, covenants, restrictions, easements, assessments, charges and liens, for the benefit of the Development and each Owner of all or part thereof, which are provided for in the Original Declaration, as amended and supplemented;

WHEREAS, the original developer of the Development deemed it desirable for the efficient preservation of values and amenities in the community to create an agency to which would be delegated and assigned the powers of owning, maintaining and administering the common areas of the Development, administering and enforcing the covenants and restrictions contained in the Original Declaration, collecting and disbursing the assessments and charges imposed and created by the Original Declaration, performing certain maintenance, repairs and replacement of certain landscaping and other improvements, and promoting the health, safety, and welfare of the Owners of the Development, and all parts thereof;

WHEREAS, the original developer of the Development caused to be incorporated under the laws of the State of Indiana a nonprofit corporation under the name “Sand Creek Woods Homeowners Association, Inc.” as such agency for the purpose of exercising such functions;

WHEREAS, under the terms of the Original Declaration, all Lots in the Development were, are and shall continue to be held, transferred, sold, conveyed, hypothecated, encumbered, leased, rented, used, improved and occupied subject to the provisions, agreements, conditions, covenants, restrictions, easements, assessments, charges and liens set forth in the Original Declaration, all of which were and are declared to be in furtherance of a plan for preservation and enhancement of the Development, and were and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Development as a whole and for each of the Lots situated therein, and ran and shall continue to run with the Development and be binding upon all parties having any right, title or interest in any part of the Development, and upon their heirs, successors and assigns;

WHEREAS, the Owners of the Lots within the Development desire to amend certain provisions of the Original Declaration and to restate the same for the convenience of the Owners;

WHEREAS, pursuant to Section 16(A)(ii) of the Original Declaration, the Original Declaration may be amended or changed at any time by an instrument signed and recorded in the Hamilton County Recorder’s Office by the appropriate officers of the Board of Directors of the Association acting pursuant to the authority granted by not less than two-thirds (2/3) vote of Class A members cast at a formal meeting duly called for the purpose of amending the Original Declaration;

WHEREAS, the Board of Directors of the Association has reviewed and affirmed that the adoption and recording of this Amended Declaration complies with each of the amendment requirements of the Original Declaration, including being approved by not less than two-thirds (2/3) vote of Class A members of the Association, as required and permitted by the Original Declaration, the Articles of Incorporation, as amended, and the By-Laws, as amended, of the Association; and

WHEREAS, the Owners, by virtue of this Amended Declaration, reaffirm that the Development is and shall be held, transferred, sold, conveyed, hypothecated, encumbered, leased, rented, used, improved and occupied subject to the provisions, agreements, conditions, covenants, restrictions, easements, assessments, charges, and liens hereafter set forth, all of which were and are declared to be in furtherance of a plan for preservation and enhancement of the Development, and were and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Development as a whole and of each of the Lots situated therein, and which ran and shall continue to run with the Development and be binding upon all parties having any right, title or interest in the Development, their heirs, successors and assigns;

NOW, THEREFORE, pursuant to its power under Section 16 of the Original Declaration, the Association does hereby amend and restate the Original Declaration as follows:

Section 1: Incorporation of Recitals and Definitions

The recitals set forth above are hereby incorporated into this Amended Declaration as though fully set forth herein. The following terms when used in the Amended Declaration shall have the definitions set forth below:

Section 2: Character of the Developments

Section 3: Use Restrictions

Section 4: Architectural Control

There shall be an Architectural Control Committee (the “Committee”) appointed by the Board of Directors of the Association, which shall be composed of an odd number of at least three (3) persons from among its members of the association, limited to one voting member per lot. The Committee shall regulate the external design, appearance, use, location and maintenance of lands and improvements thereon, in such a manner as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. The Committee shall have the exclusive authority, by action of a majority of the members thereof, at a private or public meeting to determine the architectural standards which shall govern the construction of any and all improvements within the Development, so long as the standards are in compliance with the Amended Declaration. Each Owner covenants and agrees by acceptance of a deed to a Lot, to comply with, and to cause his/her Lot and any occupant thereof to comply with the standards promulgated by the Committee.  No improvement shall be placed, erected or installed within the Development, and no construction (which term shall include in its definition staking, clearing, excavation, grading, and other site work) shall commence until and unless the Lot Owner first obtains the written approval thereof of the Committee and otherwise complies with the provisions of this Amended Declaration.

Section 5: Lot Owner’s Responsibility for Building and Grounds Maintenance – Remedies for Violation

The Owner and/or any Person in possession of any Lot in the Development shall conform to the following standards:

A. Even prior to occupation of the Lot, keep and maintain such Lot in an orderly manner, causing weeds and other vegetation to be reasonably cut and preventing the accumulation of rubbish and debris thereon.

B. Seed, treat, and mow the lawn on the Lot at such times as is consistent with good property management as determined by the Committee;

C. Promptly remove all debris, such as leaves, tree limbs, grass clippings, trash or rubbish from the Lot;

D. Prevent the existence of any other condition that reasonably tends to detract from or diminish the aesthetic appearance of the Development as determined by the Committee;

E. Prune and cut all trees and shrubs consistent with good property management as determined by the Committee;

F. Cut down and promptly remove dead limbs and dead or diseased trees;

G. Where applicable, prevent debris, foreign material, toxic, hazardous, or damaging materials or substances, from entering drainage areas, swales, and/or storm sewers;

H. Paint, clean and/or otherwise keep the exterior of all improvements in such a state of repair and maintenance as to be consistent with good property management as determined by the Committee;

I. Comply fully and promptly with all provisions of these Restrictions, and the rulings and decisions of the Association and/or the Committee.

In the event that any Owner and/or Person in possession of a Lot shall fail to maintain his/her/its Lot and any improvements situated thereon in accordance with the provisions of these Restrictions, the 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, remove, reconstruct, modify, or perform such other acts as may be reasonably necessary to make such Lot and the improvement(s) situated thereon, if any, conform to the requirements of the Restrictions. The cost thereof shall be an expense of the Lot Owner, and the Association, as applicable, shall make a Special Assessment against the Lot, and also a lien against said Lot for such costs, including but not limited to the actual costs incurred, reasonable related costs and expenses, prejudgment interest, court costs, and actual attorney’s fees.  Such lien may be formalized via a recorded Notice of Lien being recorded against the Lot; but the lien shall be valid even without the actual recordation of same.  The Association, its Board members, or any agents, employees or contractors shall not be liable for any damage which may result from any work performed pursuant to the foregoing provisions.  Enforcement of the above restrictions shall at all times be in compliance and subject to the requirements of the Grievance Resolution procedures set forth in Ind. Code § 32-25.5-5, if applicable.

Section 6: Sand Creek Woods Homeowners Association, Inc.

A property owners association has been created and named Sand Creek Woods Homeowners Association, Inc. (the “Association”), an Indiana nonprofit corporation, which has all rights and obligations otherwise set forth in or contemplated by this Amended Declaration, Ind. Code §23-17, Ind. Code §32-25.5, the Association’s By-laws and the Association’s Articles of Incorporation.

Section 7: Assessments

Section 8: Enforcement of Restrictions

n the event there shall be any violation or attempted violation of any of the covenants, conditions, restrictions, or other obligations set forth in this Amended Declaration, it shall be lawful for the Association, or for any person owning any real property in the Development, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant, condition, restriction, or other obligation, and either to prevent him or them from doing so or to recover damages from such violation, but the Association shall not be liable for damages of any kind to any person for failing either to abide by, enforce or carry out any of these covenants, conditions, restrictions, or other obligations. No delay or failure on the part of any aggrieved party to invoke any available remedy with respect to a violation of any one or more of the covenants, conditions, restrictions, or other obligations set forth in this Amended Declaration shall be held to be a waiver by that party (or an estoppel of that party to assert) any right available to him/her/it upon the occurrence, recurrence or continuation of such violation or violations of this Amended Declaration. These Restrictions may also be enforced by the City, the Hamilton County Plan Commission, or its successors or assigns, pursuant to whatever powers or procedures are statutorily available to it for such purposes.

Further, the Association hereby adopts the “grievance resolution process” set forth in Indiana Code Sec. 32-25.5-5, as the same may be amended from time to time, as though the same was incorporated herein by this reference.

Section 9: Amendment of this Amended Declaration

This Amended Declaration may be amended at any time by an instrument signed by the President and Secretary of the Association certifying approval, in writing, of a majority of all of the Lot Owners in the Development of the amendment. The Association shall keep copies of the written consents of the Owners to the amendment in the books and records of the Association. 

Section 10: Headings and Gender

The headings preceding the various sections and subsections of this Amended Declaration are for the convenience of reference only, and none of them shall be used as an aid to the construction of any provisions of this Amended Declaration. Wherever and whenever applicable to give effect the purposes herein, the singular form of any work shall be taken to mean or apply to the plural, and the masculine form shall be taken to mean or apply to the feminine or to the neuter.

Section 11: Severability

Every one of the provisions of the Amended Declaration is hereby declared to be independent of, and severable from, the rest of the provisions and of and from every other one of the provisions, and of and from every combination of the provisions herein. Therefore, if any of the provisions herein shall be held to be invalid or to be unenforceable, or to lack the quality of running with the land, that holding shall be without effect upon the validity, enforceability or the quality of running with the land of any other provision.

Section 12: Duration

The easements, rights, restrictions, and conditions set forth herein shall be perpetual in duration.