COVENANTS AND RESTRICTIONS

FOR

STRATFORD OF AVON SUBDIVISION – PHASE II, SECTIONS 5, 6, 7 & 8

HENDRICKS COUNTY, INDIANA

 

1.         NAME:  This subdivision shall be known and designated as Stratford of Avon subdivision, Phase II; sections 5, 6, 7 & 8, located in Avon.  Hendricks County, Indiana.

 

2.         LAND USE AND BUILDING TYPE:  No lot shall be used except for single family residential purposes.  No buildings shall be erected, altered, placed or permitted to remain on any lot other than one single family dwelling not to exceed two stories, plus basement, in height and a private attached garage for at least two cars.  Exterior of dwelling shall be at least 65% brick or stone veneer.  No vinyl or aluminum siding.  All homes must be on either crawl spare or basement with a minimum of 8/12 roof pitch, or as approved by Architectural Committee.  No exposed concrete or concrete block foundation or basement walls above finished grade shall be permitted.

 

3.         BUILDING LINE:  Front yard setback lines and side yard setback lines on comer lots are to be shown on plat, between which lines and the property lines of the street there shall be no buildings or structures erected or maintained.  Side yard setback lines on all other lots shall be in accordance with local ordinances.

 

4.         UTILITY EASEMENTS AND DRAINAGE:  "Utility Easements" as shown shall be reserved for the use of public utilities for the installation of water, sewer, gas, tile and for electric or telephone line, poles, ducts, pipes, etc.  on, over, under and to said easement for local public use.  These ,easements are not for the use of and shall not be used for high voltage electric transmission lines or high pressure liquid transmission pipe lines, except by written permission of the owner of the land at the time said transmission is to be constructed.  "Drainage Easements" reserved as drainage swales are to be maintained by any owner such that the water from any adjacent lot shall have adequate drainage along such swale and cannot be blocked to prevent the flow of natural drainage, even if specified easement is not shown on plat– All easements shown as "Utility Easements" are also to be considered drainage easements and are subject to all restrictions and maintenance assessments of drainage easements.  No permanent, or other, structures are to be erected or maintained upon any easement shown upon plat and owners of lots shall take their titles subject to the rights of the above easement; no sump pump ran be discharged into the street after a house is completed.  The discharge of a sump pump must be installed under ground with –plastic pipe or vitrified tile to those designated areas.

 

5.         ARCHITECTURAL CONTROL:  No out–buildings shall be erected.  Inground swimming pools shall be approved by the Architectural Committee.  Information concerning members and the location of the Architectural Committee may be obtained by contacting the Stratford Group, Inc.  The living area of the main structure, exclusive of open porches and garages shall not be less than 1,600 square feet for houses of one story and at least 1.600 square feet for houses of more than one story.  (Determination of sufficiency and adequacy of the term “living area of main structure" with respect to dwellings of tri–level bi–level and one–and–one–half story design shall rest exclusively with the Architectural Committee).

 

6.         ARCHITECTURAL COMMITTEE:  The Architectural Committee shall be composed of 3 members appointed by the Directors of the Stratford Group, Inc.  Said committee membership shall be made known to original lot purchasers at time of sale.  All proposed construction on plotted building lots shall be submitted to the Architectural Committee before construction begins.  The committee's approval or disapproval as required in these covenants shall be in writing.  In the event that said written approval is not received from the Committee within 20 days from the date of submission, it shall be deemed that the Committee has approved the presented plan.  Once the Strafford Group, Inc.  has no ownership or has no interest in Stratford of Avon, the Board of Directors of The Stratford Group shall have authority to appoint its successor Architectural Committee.

 

7.         BUILDING LOCATION:  No building shall be located on any lot nearer to the front lot line, nor nearer to the side street lines than the minimum setback line shown on the record plat or contained in these covenants and restrictions.  For the purpose of this restriction, eaves, steps and open porches which may include a screened porch, shall not be considered a part of the building.  provided however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

 

8.         NUISANCES:  No noxious or offensive activity shall be carried out upon any lot, nor shall anything be done which may become an annoyance or nuisance to the neighborhood.  This includes, but is not limited to.  the tearing down or rebuilding of vehicles.

 

9.         TEMPORARY AND OTHER STRUCTURES:  No structures of a temporary character, trailer, basement, tent, shack, garage, barn, kennel, cement slab that would serve as a basketball court, tennis court, paddle ball court or similar activity.  Other buildings, satellite discs, solar panels, above ground swimming pools or radio antennas that extend more than 5 feet above the uppermost height of the roof shall not be placed on any lot.  For the purpose of this covenant, structures needed and used by the builders she!! be allowed to remain during the building period.

 

10.       LIVESTOCK AND POULTRY:  No animals, livestock, or poultry of any kind shall be housed, bred or kept on any lot except family pets, which may be kept provided they are not kept, bred or maintained for commercial purposes and not to create or constitute a nuisance.  Small animals which are not family pets, such as rabbits, may be kept as 4–H projects, but must be removed within 30 days after a 4–H show.  Hunting and trapping shall be prohibited in this subdivision.

 

11.      GARBAGE AND REFUSE DISPOSAL:  No lots shall be used or maintained as a dumping ground for rubbish, garbage or other waste and same shall be kept, except in sanitary containers, out of View from street, except on days of collection.  There shall be no use of exterior or outside incinerators or burners for the burning trash a

 

12.       WATER SUPPLY:  No individual water supply system shall be permitted on any lot.

 

13.       SEWAGE DISPOSAL:  No individual sewage disposal system shall be permitted on any lot.

 

14.      SIGHT DISTANCE AT INTERSECTIONS:  No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two feet and six feet above the roadways shall be placed or permitted to remain on any comer lot within the triangular area formed by the street property lines and a line connecting them at points twenty–five feet from the intersection of the street line.  The same sight line limitations shall apply on any lot within ten feet from the intersection of a street's property line with edge of driveway.  No trees shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at such height to prevent obstruction of such sight lines.

 

15.       FENCES:  Fences, walls or continuous shrub planting which would in any way serve the purpose of a fence with a maximum height of 42 inches shall not be erected until approved, in writing, by the Architectural Committee.  Privacy and protection fences around a swimming pool shall be no further than ten (10) feet out from the pool's water edge.  No fences shall be constructed in front yards or side yards.  Front and side yards shall be defined as all parts of the property lying between the rear wall of the house and the street.

 

16.       SIDEWALKS AND PRIVATE DRIVES:  All private drives shall be paved of concrete; sidewalks of concrete.  Both must be installed according to local code and requirements and must be completed at time of construction and before occupancy.

 

17.       STORAGE TANKS:  Oil, gas or gasoline storage tanks shall either be buried or located within the house or garage area so they are completely concealed from outside view.

 

16.       SIGNS:  No sign of any kind shall be displayed to the public view on any lot.  except for one sign of not more than five square feet advertising the property for sale or for rent, or signs used by a builder to advertise the property during construction and sales period.

 

19.       VEHICLE REGULATIONS:  No vehicle of more than 3/4 ton hauling capacity shall be parked on any home site except while making a delivery or pick–up.  No car.  truck, or trailer that is not in operational condition and bearing the current year's license plate shall be permitted to remain on any home site unless kept within a garage.  No boat, trailer, or motor home shall be permitted to remain on any home site for more than five days unless kept within a garage.

 

20.       VIOLATIONS:  Enforcement shall be by proceedings at law by said Developer, Land Owner,

            Homeowner's Association or their assignee or the Hendricks County Planning Commission in

            equity against any person(s), partnership(s) or violating or attempting to violate any covenants either to restrain the violation or to recover damages.  These restrictions shall insure to and be enforceable on any single family dwelling unit or common area surrounding thereof in this addition and any judgment for costs on account of legal action brought to enforce said restrictions, or any of them, shall carry with it attorney’s fees for plaintiff’s attorney, including but not limited to, all trial fees and appeal fees which shall attach to and be a lien upon any real estate owned by the defendant in this addition.

 

21.       PROTECTIVE COVENANTS:  The Protective Covenants are to run with the land and be binding

            on all parties and all persons claiming under them for a period of 25 years, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless changed by a vote of the majority of the then owners of the building sites covered by these covenants in whole or in part.  Invalidation of any one of the covenants.  by judgment or court order will in no way affect the other covenants which shall remain in full force and in effect.

 

22.       MAILBOXES:  As long as a mail box is required to be installed at a street location for postal delivery, said mail box must be supported and mounted on 4" x 4" wood material, preferably of a treated variety.  Any exception, such as a decorative enclosure or support must be approved, in writing, by the Architectural Committee.

 

23.       GAZEBOS:  Free–standing gazebos are permitted if design and location is approved by the Architectural Committee.

 

24.       ENTRANCE EASEMENT:  Entrance easement shown on said plat is an easement reserved by the developer in favor of the committee.  as defined on said plat, for landscaping, planting and other beautifications and for the erection and maintenance of a facade.  wall or Other structure or device designed to display the name of Stratford of Avon.

 

25.       USE OF SANITARY SEWER EASEMENTS:  Public utility companies shall have the same rights to use sanitary sewer easements shown on the plat that are reserved for said companies in utility easements.

 

26.       SIDEWALKS:  Each initial lot owner taking his title from the developer, by acceptance of a deed for said lot, even if not expressed in said deed, is deemed to covenant and agree to build and maintain in good condition a concrete walk at the sides of all streets upon which his lot abuts.  Said walks shall conform with the lines and grades as established by the Committee.  Each owner shall be responsible for slope modifications, erosion control and decorative landscaping as required by the committee for sidewalk construction.  Said walks shall conform with the development plans for this subdivision on file in the office of the Hendricks County Planning Commission and shall be placed on a 4" aggregate sub–base.  Concrete walks shall be constructed within sixty (60) days after completion of the house on the lot, weather permitting, or within two (2) years of the date of said deed if no dwelling is constructed or prior to conveyance of title to another parry, whichever first occurs.

 

27.       LANDSCAPING:  The lot owner shall landscape the lot within sixty (60) days following completion of a house thereon, weather permitting.

 

28.      MAINTENANCE OF LOTS AND IMPROVEMENTS:  Each lot owner shall, at all times, maintain the lot and any improvements thereon to prevent the same from becoming unsightly by removing all debris, rubbish, dead trees and other materials or conditions that reasonably lend to detract from or diminish the aesthetic appearance of tie subdivision and by keeping the exterior of all improvements in a good stale of repair.  Garbage, trash and other wastes shall be kept in odorless and sanitary containers which shall be emptied weekly by a refuse collection service.  All lots, whether or not improved, shall be mowed by the lot owner or their designated representative at least twice during each of the months of April through September.

 

29.       LOT GRADING AND HOME CONSTRUCTION:  Lots shall be graded so as not to restrict surface water runoff or cause ponding or stoppage over any area in this subdivision.  All lots will be delivered to purchaser with swales cut as per engineering plans.  Any repair work or recutting of swales will be done at lot owners expense.  Lot owner and his home builder shall maintain the property in an orderly condition throughout home construction.  All county erosion control measures shall be maintained.  No building materials, sand or gravel shall be stored on the street or within the right–of–ways.  Building contractors shall clean up any excessive  mud or dirt deposited on the streets caused by their construction.  Home builders shall repair any damage to' streets, curbs or utilities caused by his construction.  The unpaid cost of repairing lot grading, street cleaning or other damage which is the owners responsibility, or his home builders responsibility, shall become a lien upon the lot until paid.

 

30.       COVENANTS FOR MAINTENANCE ASSESSMENTS:

A.  Creation of the Lien and Personal Obligation of Assessments:  The Developer, being the owner of Stratford of Avon, hereby covenants and each subsequent owner by acceptance of a deed of conveyance, shall be deemed to covenant and agree to pay to the Stratford of Avon Home Owners Association, hereafter referred to as "the association"; (1) Annual assessment or charges; (2) Special assessments for common improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which assessment is made.  Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, 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 lien date shall be the annual assessment due date as set forth in Paragraph G.

 

B.  Purposes of Assessments:  The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in Stratford of Avon and, in particular, improvement and maintenance of properties, service and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties situated upon the development including, but not limited to, the payment of taxes and insurance thereof and repair, replacement, maintenance and additions thereto.  and for the cost of labor, equipment, materials, management and supervision thereof.

 

C.  Basis and Amount of Annual Assessments:  The original assessment pursuant to the by–laws of Stratford of Avon Subdivision shall be in the amount of $75.00 per each lot sold by the Developer, its representative or assigns, by land contract or deed as assessment shall be distributed evenly against each lot.  All such assessments shall be paid to the Treasurer of the Stratford Homeowners Association.  In no event shall any assessment or charge or special assessment as provided below be levied against or be due from developer for any lots owned by it or otherwise.

 

D.  Special Assessments for Capital lmprovements:  In addition to the annual assessments authorized by Section C thereof, the Association may levy in any assessment year on each lot sold by the Developer, its representatives or assigns, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction or re–construction unexpected repair or replacement of common area improvements including the necessary fixture and personal property related thereto, provided any such assessment shall, have the affirmative of two–thirds (2/3) of the votes of all voting members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least 30 days in advance and shall set forth the purpose of the meeting.  For all issues to be voted upon by the Home Owner's Association, each building lot will be allowed one vote only.

 

E.  Change in Basis and Maximum of Annual Assessments:  Subject to the limitations of Section C hereof, and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section C hereof prospectively for any such period provided that any such change shall have the assent of two–thirds (2/3) of the voting members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members all least thirty (30) days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section C hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger of consolidation in which the Association is authorized to participate under its Articles of Incorporation.

 

F.  Quorum for Any Action Authorized Under Sections D and E:  The quorum required for any action authorized by Sections D and E hereof shall be as follows:  At the first meeting called as provided in Sections D and E hereof, the presence at the meeting of members or of proxies .entitled to cast sixty percent (60%) of all votes of the membership shall constitute a quorum.  If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement as set forth in Sections D and E and the required quorum at any such subsequent meeting shall be one–half (1/2) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

 

G.  Date of Commencement of Annual Assessments:  Due Dates:  The annual assessments provided for herein shall commence on the first day of July, 1994.  The assessment for each succeeding year shall become due and payable on the first day of July of each year.  No adjustments or prorations of assessments shall be made by the Association.  For purposes of levying the assessments, they shall be considered as paid in advance and shall be levied against any lot which is subject to these restrictions.  The due date of any special assessment under Section D hereof shall be fixed in the resolution authorizing such assessment.

 

H.  Duties of the Board of Directors:  The management, affairs and policies of the Association shall be vested in the Board of Directors.  The Board of Directors of the Association shall prepare a roster of the properties and assessments applicable thereto at least thirty (30) days in advance of such assessment due date.  Such assessment roster shall be kept in the office of the Association.  Written notice of the assessment shall thereupon be sent to every owner subject thereto.  The Association shall, upon demand at any time, furnish to any owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid.  Said certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.

 

I.  Effect of Non–Payment of Assessment:  The personal obligation of the owner; the lien; Remedies of Association; If the assessments are not paid on the date when due (being the dates specified in Section G hereof), then the assessments and costs of collection thereof as hereinafter provided.  shall thereupon become a continuing lien of the property which shall bind such property in the hands of the then owner, his heirs, devices, personal representatives and assigns.  The personal obligation of the then owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them.  If the assessment is not paid thirty (30) days after the delinquency date, a penalty fee not to exceed $10.00 shall be added thereto and from the date interest at a rate of twelve percent (12%) annum may be added to the delinquent balance and penalty and the Association may bring an action at law against the property.  There shall be added to such action; and in all events, the judgment shall include interest, the cost of preparing and filing a complaint in such action; and in all events, the judgment shall include interest on the total amount above as provided together with reasonable attorney fees, to be fixed by the court, together with all costs of any legal action incurred which includes all costs and attorney fees for appeals.

 

J.  Subordination of the Lien to Mortgages:  The lien of the assessments provided for therein shall be subordinate to the lien of any mortgage or mortgages now or hereinafter placed upon the properties subject to assessments provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure.  Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, not from the lien or any such subsequent assessment.

 

K.  Exempt Property:  The following property subject to this declaration $hall be exempted from the assessments, charge and lien created herein; (a) all properties to the extent of any easement or other Interest therein dedicated and accepted by the public authority and devoted to the public use; (b) all common properties of the development; (c) till properties exempted from taxation by the laws of the State of Indiana upon the terms and to the extent of such legal exemption, (d) all properties owned by the developer, Its successor and assigns, and held by them or any of them for sales or resale, Including any lots which may have been reacquired by the developer.  Notwithstanding any provisions herein, no land or Improvements devoted to dwelling use shall be exempt from said assessments, charges and liens.

 

31.       The Stratford Homeowners Association, Inc.  is a not–for–profit corporation with mandatory membership and will have enforceable powers for the restrictive covenants and for the filing and collection of liens.

 

In witness whereof the undersigned have set their hands and signatures this __________ day of ______________, ______________.

 

 

STATE OF INDIANA, HENDRICKS COUNTY:  SS

Before me, the undersigned, a Notary Public in and for said County and State, this __________ day of ____________, ______________.  personally appeared and acknowledged the execution of the foregoing COVENANTS AND RESTRICTIONS FOR Stratford of Avon Subdivision.

 

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.

 

 

My Commission Expires:                                     Notary Public:  ___________________

___________________

 

 

            This instrument prepared by:  _________________________________