HOME

Plum Creek North
Declaration of Restrictions

1. Definitions. The following are definitions of the terms as they are used in this Declaration:
   
1. "Committee" shall mean the Plum Creek North Development Control Committee composed of three members appointed by the developer who shall be subject to removal by the developer at any time with or without cause. Any vacancies from time to time existing shall be filled by appointment of the developer. The developer may, at its sole option, at any time hereafter relinquish to the Association the power to appoint and remove one or more members of the committee.
   
2. "Association" shall mean the Plum Creek North Property Owner’s Association, Inc. a not-for-profit corporation; the membership and powers of which are more fully described in Paragraph 10 of this Declaration.
   
3. "Lot" shall mean any parcel of real estate excluding common areas, whether residential or otherwise described by one of the plats of the Development which is recorded in the office of the Recorder of Hamilton County, Indiana.
   
4. Approvals, determinations, permissions, or consents required herein shall be deemed given if they are given in writing, signed with respect to the Developer or the Association, by the President or Vice President thereof, and with respect to the Committee, by two members thereof.
   
5. "Owner" shall mean a person who has or is acquiring any right, title or interest, legal or equitable, in and to a lot, but excluding those persons having such interest merely as security for the performance of an obligation.
   
2. CHARACTER OF THE DEVELOPMENT
   
1. In General. Every lot in the development, unless the developer otherwise designates it, is a residential lot and shall be used exclusively for single-family residential purposes. No structures shall be erected, placed or permitted to remain upon any of said residential lots except a single-family dwelling house and such outbuildings as are usually accessory to dwelling houses.
   
2. Residential Use of Accessory Outbuildings Prohibited. No accessory outbuildings shall be erected on any of the residential lots prior to the erection thereon of any of the residential lots prior to the erection thereon of a single-family dwelling house, and in no event shall any such accessory outbuilding which may be constructed upon a residential lot under these Restrictions ever be used as a residence or dwelling house or place for human occupancy or habitation. Accessory outbuildings shall be limited to 120 square feet. NOTE: See Policies Below.
   
3. Occupancy or Residential Use of Partially Completed Dwelling House Prohibited. No dwelling house constructed on any of the residential lots shall be occupied or used for residential purposes or human habitation until it shall have been substantially completed. The determination of whether the house shall have been substantially completed shall be made by the committee and such decisions shall be binding on all parties. The foregoing is subject to the rules, regulations and ordinances of the City of Carmel and of its building commissioners.
   
4. Other Restrictions. All tracts of ground in the Development shall be subject to the easements, restrictions and limitations of record appearing on the recorded plat of the subdivision, on recorded easements, rights-of-ways, and affecting the Development, all of which are incorporated herein by reference.
   
3. RESTRICTIONS CONCERNING SIZE, PLACEMENT AND MAINTENANCE OF DWELLING HOUSES AND OTHER STRUCTURES.
   
1. Minimum Living Space Areas. The minimum square footage of living space of dwellings constructed on various residential lots in the Development, exclusive of porches, terraces, garages, carports, or accessory buildings shall be as specified in the recorded plats of the various sections of the Development. Basements shall not be included in the computation of the minimum living area.
   
2. Residential Set-Back Requirements
   
       i.     In General Unless otherwise provided in these Restrictions or on the record plat, no dwelling house or above-grade structure shall be constructed or placed on any residential lot in the Development except as provided herein.
   
      ii.     Front Yards. The front building set-back lines shall be the designated number of feet from the right-of-way of the road upon which the lot abuts as set forth upon the plats of the Development.
   
3. Fences and Trees. In order to preserve the natural quality and aesthetic appearance of the existing geographic areas within the Development, any fence must be approved by the Committee as to size, location, height and composition before it may be installed. Privacy fences, or those designed to prohibit visibility, shall be prohibited except to the extent that they are used to screen private bathing/swimming areas. Where allowed, privacy fences shall be screened by landscaping in a manner acceptable to the Development Control Committee as defined in the following paragraph 8. A lot must have at least (3) trees of a species acceptable to the committee growing upon it in the front yard by the time the house is completed.
   NOTE:  See Policies Below
   
4. Basketball Goals. No basket ball goals will be allowed to be mounted upon any structure. Basketball goals shall be of a free-standing variety and must be approved by the committee as to their type and location. NOTE: See Policies Below.
   
5. Exterior Construction. The finished exterior of every building constructed or placed on any lot in the Development shall be of masonry, wood siding, wood product, or vinyl siding. All driveways must be paved with asphalt or concrete from their point of connection with the abutting street or road.
   
6. Heating Plants and Garages. Every house in the Development must contain a heating plant installed in compliance with the required codes and capable of providing adequate heat for year-round human habitation of the house. Geo-Thermal heat pumps shall be a closed loop system. Every house in the Development must have a two car attached garage.
   
7. Diligence in Construction. Every building whose construction or placement on any residential lot in the Development is begun shall be completed within (9) months after the beginning of such construction or placement. No improvement, which has partially or totally been destroyed by fire or otherwise, shall be, allowed to remain in such state for more than (3) months from the time of such destruction or damage.
   
8. Prohibition of Used Structures. All structures constructed or placed on any numbered lot in the Development shall be constructed with substantially all new materials, and no used structures shall be relocated or placed on any such lot.
   
9. Maintenance of Lots and Improvements. The owner of any lot in the Development 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:

10. Association’s Right to Perform Certain Maintenance. In the event that the owner of any lot in the Development shall fail to maintain his 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 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 cost therefore to the Association shall be added to and become a part of the annual charge to which said lot is subject and may be collected in any manner in which such annual charge may be collected. Neither the Association nor any of its agents, employees, or contractors shall be liable for any damage, which may result from any maintenance work performed hereunder.

4. PROVISIONS RESPECTING DISPOSAL OF SANITARY WASTE.

A.   Nuisance. No outside toilets shall be permitted on any lot in the Development (except) during a period of construction and then only with the consent of the Committee), and no sanitary waste or other wastes shall be permitted to enter any storm drain. By purchase of a lot, each owner agrees that any violation of this paragraph constitutes a nuisance which may be abated by the Developer or the Association in any manner provided at law or in equity. The cost or expense of abatement, including court costs and attorney’s fees, shall become a charge or lien upon the lot, and may be collected in any manner provided by law or in equity for collection of a liquidated debt.
        Neither the Developer, nor the Association, nor any officer, agent, employee or contractor thereof, shall be liable for any damage, which may result from enforcement of this paragraph.

B.   Construction of Sewage Lines. All sanitary sewage lines on the residential Building lots shall be designed and constructed in accordance with the Provisions and requirement of the Hamilton County Board of Health. No storm water (subsurface or surface) shall be discharged into sanitary sewers. Copies of all permits, plans and designs relating to the construction of a sanitary sewer service line shall be submitted in duplicate to the Committee at the time of the submission of all other plans or documents required for the obtaining from said Committee of a permit to build.

5. INDIVIDUAL YARD LIGHTS REQUIRED ON EACH LOT IN THE DEVELOPMENT.

At the time that the owner of the lot in the Development completes the construction of a home on his lot, he shall install or cause to have installed dusk to dawn yard light in the front yard of his lot. The design, type and location of the yard light shall be subject to the approval of the Committee which may require, for the purpose of uniformity and appearance, that said yard light be purchased from the Developer or its designee.

6. MAILBOXES.

Owners of a lot in the Development shall install or cause to have installed a mailbox which shall be in accordance with the design, type and location of a mailbox approved by the Committee. The Committee may require, for the purpose of uniformity and appearance, that the mailbox be purchased from the Developer or its designee.

7. GENERAL PROHIBITIONS.

1. In General. No noxious or offensive activities shall be carried on any lot in the Development, nor shall anything be done on any said lots that shall become or bean unreasonable annoyance or nuisance to any owner of another lot in the Development.
   
2. Signs. No signs or advertisements shall be displayed or placed on any lot or structure in the Development without the prior written approval of the Committee except for real estate sales signs no larger than a 3’x 3’ sign with a maximum height of 6’-0".
   
3. Animals. No animals shall be kept or maintained on any lot in the Development except the usual household pets, and, in such case, such household pets shall be kept reasonably confined so as not to become a nuisance.
   
4. Vehicle Parking. No campers, trailers, boats, or similar vehicles shall be parked on any street or lot in the Development. No truck, one (1) ton or larger in size, shall be parked for overnight or longer storage on any lot in the Development, unless the same shall be parked in such a manner that it is not visible to the occupants of other lots in the Development, or the users of any street in the Development.
   
5. Garbage and Other Refuse. No owner of a lot in the Development shall burn 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 on his lot except as may be permitted in Subparagraph F below. All houses built in the Development shall be equipped with a garbage disposal unit.
   
6. Fuel Storage Tanks and Trash Receptacles. Every tank for the storage of fuel that is installed outside any building in the Development shall be buried below the surface of the ground. Any receptacle for ashes, trash, rubbish or garbage shall be placed and kept as not to be visible from any street within the Development at any time, except at the times when refuse collections are being made.
   
7. Model Homes. No owner of any lot in the Development shall build or permit the building upon said lot of any dwelling house that is to be used as a model home or exhibit house without permission to do so from the Developer.
   
8. Temporary Structures. No temporary structure of any kind, such as a house, trailer, tent, garage or other outbuilding shall be placed or erected on any lot nor shall any overnight camping be permitted on any lot without permission to do so from the Developer.
   
9. Ditches and Swales. It shall be the duty of the owner of every lot in the Development on which any part of any open storm drainage ditch or swale is situated to keep such portion thereof as may be situated upon the lot continuously unobstructed and in good repair, and to provide for the installation of such culverts upon said lot as may be reasonably necessary to accomplish the purpose of this subsection. All owners, if necessary, shall install dry culverts between the road rights-of-way and their lots in conformity with specifications and recommendations of the City of Carmel, Hamilton County, Indiana.
   
10. Utility Services. No utility service shall be installed, constructed, repaired, replaced and / or removed under finished streets except by jacking, drilling or boring and shall require the approval of the City of Carmel where the streets are public and by the property owners where there are private drives.
    
11. Wells and Septic Tanks. No water wells shall be drilled on any of the lots nor shall any septic tanks be installed on any of the lots in the Development, without the approval of the Committee.
    
12. Prohibition of Antennas. No exposed radio, cable and television antennas and / or dishes shall be permitted within the Development, without the approval of the Committee.
    
13. Non-access easements as shown on the plat within the Common Areas are to prohibit access from Association members other than the lot owner immediately adjacent to that portion of the non-access easement and said lot owners designees. The non-access easement along 131^st Street shall prohibit access to non-members only., along the 131^st Street frontage to the lake. In no event, shall access extend to vehicular or motorized carriers. The non-access easements shall not prohibit the Association from maintaining the Common Areas.

8. DEVELOPMENT CONTROL COMMITTEE

1. Statement of Purposes and Powers. The Committee shall regulate the external design, appearance, use, location and maintenance of lands subject to these Restrictions 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.

1. The plans, specifications, drawings or other material submitted are themselves inadequate or incomplete, or show the proposed improvement to be in violation of these restrictions:
2. The design or color scheme of a proposed improvement is not in harmony with the general surroundings or with adjacent buildings or structures:
3. The proposed improvement or any part hereof, would in the opinion of the Committee be contrary to the interests, welfare or rights of all or any part of other owners.

3. Power to Grant Variances. The Committee may allow reasonable variances or adjustments of these Restrictions where literal application would result in unnecessary hardship, but any such variance or adjustment shall be granted in conformity with the general intent and purposes of these Restrictions and no variance or adjustment shall be granted which is materially detrimental or injurious to other lots in the development.

2. Duties of Committee. The Committee shall approve or disapprove of proposed improvements within thirty (30) days after all required information shall have been submitted to it. One copy of submitted material shall be retained by the Committee for its permanent files. All notification to applicant shall be in writing, and, in the event that such notification is one of disapproval, it shall specify the reason or reasons.
   
3. Liability of Committee. Neither the Committee or any agent thereof, nor the Developer, shall be responsible in any way for any defects in any plans, specifications or ant other materials submitted to it, nor for any defects in any work done according thereto. Further, the Committee does not make any representation or warranty as to the suitability or advisability of the design, the engineering, the method of construction involved, or the materials to be used.
   
4. Inspection. The Committee may inspect work being performed with its permission to assure compliance with these Restrictions and applicable regulations.
   
5. Continuation of Committee. When the Developer notifies the Association of discontinuance of his Development Control Committee, then the Directors of the Association, or their designees, shall continue the functions of the Committee with like powers.

9. RULES GOVERNING BUILDING ON SEVERAL CONTIGUOUS LOTS HAVING ONE OWNER.

Whenever two or more contiguous lots in the Development shall be owned by the same person, and such owner shall desire to use two or more said lots as a site for a single-dwelling house, he shall apply in writing to the Committee for permission to use said lots. If permission for such a use shall be granted, the lots constituting the site for such single-dwelling house shall be treated as a single lot for the purposes of applying these Restrictions to said lots, so long as the lots remain improved with one single-dwelling house.

10. PLUM CREEK NORTH PROPERTY OWNERS ASSOCIATION, INC.

1. In General.

1. There has been or will be created, under the laws of the state of Indiana, a not-for-profit corporation to be known as Plum Creek North Property Owners Association, Inc., referred to as the "Association". Every owner of a residential lot in the Development shall be a member of the Association and shall be subject to all the requirements and limitations imposed in these Restrictions on other owners of residential lots within the Development and on members of the Association, including those provisions with respect to the payment of an annual charge.

2. Classes of Membership. The Association shall have two classes of voting membership:

Class A. Class A members shall be all owners with the exception of the Developer and shall be entitled to one 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 they among themselves determine, but in no event shall more than one vote be cast with respect to any lot.

Class B. The Class B member(s) shall be the Developer, who shall be entitled to three (3) votes for each one-fifth (1/5^th) acre of land contained within any portion of the Real Estate which has not been platted as a residential subdivision at any time, on all matters requiring a vote of the members of the Corporation. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:

3. Board of Directors. The members shall elect a Board of Directors of the Association as prescribed by the Association’s By-Laws. The Board of Directors shall manage the affairs of the Association.
   
4. Professional Management. No contract or agreement for professional management of the Association 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 without any termination fee by written notice of ninety (90) days or less.
   
5. Responsibilities of the Association.

1. The Association shall procure and maintain liability insurance (including director’s and officer’s insurance) and other such insurance as it deems necessary or advisable.

11. COVENANT FOR MAINTENANCE ASSESSMENTS.

1. Creation of the Lien and Personal Obligation of Assessments. Each owner of any lot in the subdivision, except the Developer, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges pro-rated from the date of title transfer; and (2) special assessments for capital improvements and operating deficits; such assessments to be established and collected as hereinafter provided. The annual special assessments, together with interest, cost, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, cost, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. No charge or assessment shall ever be levied by the Association against the Developer.
   
2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents in the properties and other purposes as specifically provided herein.
   
3. Special Assessments for Capital Improvements and Operating Deficits. In addition to the annual assessments authorized above, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement which the Association is required to maintain or for operating deficits which the Association may from time to time incur, provided that any such assessment shall have the assent of a majority of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose.
   
4. Notice and Quorum for Any Action Authorized Under Sections C and D. Written notice of any meeting called for the purpose of taking any action authorized under Section C and D shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the proceeding meeting.
   
5. Date of Commencement of Annual Assessments: Due Dates. The annual assessment provided for herein shall commence for each lot on the date of conveyance to the owner by deed or on the date the owner signs a land contract to purchase a lot. The Board of Directors shall fix any increase in the amount of the monthly assessment at least thirty (30) days in advance of the effective date of such increase. Written notice of special assessments and such other assessment notices as the Board of Directors shall deem appropriate shall be sent to every owner subject hereto. The due dates for all assessments shall be established by the Board of Directors.
   
6. Effect of Non-Payment of Assessments: Remedies of the Association. Any charge levied or assessed against any lot, together with interest and any other charges and costs as hereinafter provided, shall become and remain in a lien upon that lot until paid in full and shall also be a personal obligation of the owner or owners of that lot at the time the charge fell due. Such charge shall bear interest at the rate of twelve percent (12 %) per annum until paid in full. If, in the opinion of the Board of Directors of the Association, such charge has remained due and payable for an unreasonably long period of time, the Board may, on behalf of the Association, institute such procedures, either at law or in equity, by foreclosure or otherwise, to collect the amount owing in any court or competent jurisdiction. The owner of the lot or lots subject to the charge, shall, in addition to the amount of the charge at the time legal action is instituted, be obliged to pay any expense or costs, including attorney’s fees, incurred by the Association in collecting the same. Every owner of a lot in the Development and any person who may acquire any interest in such lot, whether as an owner or otherwise, is hereby notified, and by acquisition of such interest agrees, that any such liens which may exist upon said lot at the time of the acquisition of such interest are valid liens and shall be paid. Every person who shall become an owner of a lot in the Development is hereby notified that by the act of acquiring, making such purchase or acquiring such title, such person shall be conclusively held to have covenanted to pay the Association all charges that the Association shall make pursuant to this subparagraph of the restrictions.
   
                   The Association shall, upon demand, at any time, furnish a certificate in writing signed by an officer of the Association that the assessments on a specified lot have been paid or that certain assessments against said lot remain unpaid, as the case may be. A reasonable charge may be made by the Board of Directors of the Association for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.
   
7. Subordination of the Lien to Mortgage. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. No sale or transfer shall relieve such lot from liability for any assessment thereafter becoming due or from the lien thereof. Provided, however, the sale or transfer of any lot pursuant to the foreclosure of any first mortgage on said lot (without the necessity of joining the Association in any such foreclosure action) or any proceedings or deed in lieu of all assessments becoming due prior to the date of such sale or transfer.
   
8. Suspension of Privileges of Membership. Notwithstanding any other provisions contained herein, the Board of Directors of the Association shall have the right to suspend the voting rights, if any, and the services to be provided by the Association, of any member or associate member (i) for any period during which any of the Associations' charges or any fines assessed under these Restrictions owed by the member or associate member remains unpaid, (ii) during the period of any continuing violation of the restrictive covenants for the Developer, after existence of the violation shall have been declared by the Board of Directors of the Association: and (iii) during the period of any violation of the Articles of Incorporation, By-Laws or Regulations of the Association.

Every one of the Restrictions is hereby declared to be independent of, and severable from, the rest of the Restrictions and of and from every other one of the Restrictions, and of and from every combination of the Restrictions.

Therefore, if any of the Restrictions 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 "running" quality of any other one of the Restrictions.

IN TESTIMONY WHEREOF, witness the signature of the Declarant this 31^st day of October, 1994.

PLUM CREEK DEVELOPMENT COMPANY, LLC.
An Indiana Limited Liability Corporation

Policies

1. Section 2 Paragraph B.

As per general community meeting, January, 1998.

No sheds or outbuildings of any kind will be allowed in the community.

2. Section 3 Paragraph D.

Portable Basketball Goals.

1. Basketball goals are not to be used on streets or sidewalks. (City of Carmel Ordinance Section 6-48 & 6-58)
2. Basketball goals are not to be left on sidewalks impeding pedestrian travel. (City of Carmel Ordinance Section 6-48)
3. Goals not in use are to be put away and stored out of view. (DOR Section 3 Paragraph I Part iii, Section 7 Paragraphs A&H)
4. Goals are to be kept in reasonable shape. (DOR Section 3 Paragraph I Part iii)
5. All portable goals are to be put away and stored from December 1 through March 1.
   

                        3.    Section 3 Paragraph C.

                                                    Fences and Trees

                                                    POLICY: PER CORBY THOMPSON        02/21/95

 Six feet tall opaque privacy fencing will be permitted within twenty feet of the residential structure.  This fencing shall be either of wood shadowbox or wood stockade style.  All other fencing within the project shall be of a style so as to be seen through and shall not exceed four feet in height except that wrought iron or facsimile thereof may be up to six feet in height.  Chain link fencing will not be permitted.  No fencing shall extend into the front yard of any lot.  Any fencing adjacent to any Common Area or that has frontage on 131st shall be of black wrought iron or a facsimile thereof not to exceed sic feet in height.  The Architectural Control Committee prior to installation in accordance with the DOR shall approve all fencing.