The Marilyn Ridge Community Covenants ....

SUMMARY OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MARILYN RIDGE

ARTICLE IV
ORGANIZATION AND DUTIES OF ASSOCIATION

The Association is authorized to act on behalf of the individual Owners in all matters pertaining to the maintenance, repair and replacement of the Common Areas and the Private Lanes, the determination of Common Expenses, and the collection of Annual and Special Assessments.

The Association shall also have the right, but not the obligation, to act on behalf of any Owner or Owners in seeking enforcement of the terms, covenants, conditions and restrictions contained in the Plats.

ARTICLE VII
USE RESTRICTIONS

The Association, acting through its Board, shall have the authority to make and to enforce standards and restrictions governing the use of the Real Estate, in addition to those contained herein, and to impose reasonable user fees for use of Common Areas.

Section 7.1 Use of Lots. Each Lot shall be used for residential purposes only, and no trade or business of any kind may be carried on therein. The use of a portion of a Dwelling Unit as an office by an Owner shall not be considered to be a violation of this covenant. No building or structure shall be located on any Lot outside of the setback lines designated on the Plats.

Section 7.2 Awnings and Window Screens. No foil or other reflective material shall be used on any windows for sunscreens, blinds, shades, or other purposes nor shall any window-mounted heating or air conditioning units be permitted. No metal, fiberglass or similar type awnings or patio covers shall be permitted. Collapsible or retractable clotheslines, not to exceed fifteen feet in length will be allowed with proper Committee approval. Permanent clotheslines will not be approved. While not in use, the clothes lines must always be kept collapsed or retracted. Clothing, rugs, or other items which are visible to others in the Real Estate shall not be hung on any railing, fence, hedge, or wall.

Section 7.3 Signs. No signs of any kind shall be erected within the Real Estate, or permitted within any windows, without the written consent of the Board, except for such sings as may be required by legal proceedings and except for a single standard real estate “for sale” or “for rent” sign may exist on a Lot if such does not exceed six (6) square feet in area.

Section 7.4 Parking and Prohibited Vehicles.

(a) Parking. Vehicles shall be parked in the garages or on the driveways serving the lots. No motor vehicle, whether or not utilized by an Owner, shall be parked on any Private Lane or any other street or public right-of-way; provided, however, that parking may be permitted on certain dedicated public streets within the Development. Garages shall be used for parking of vehicles and no other use or modification thereof shall be permitted which would reduce the number of vehicles which may be parked therein below the number for which the garage was originally designed. No Owners or other occupants of any portion of the Real Estate shall repair or restore any vehicles of any kind upon or within any Lot or within any portion of the Common Areas, except (i) within enclosed garages or workshops, or (ii) for emergency repairs, and then only to the extent necessary to enable the movement thereof to a proper repair facility.

(b) Prohibited Vehicles. Commercial vehicles primarily used or designed for commercial purposes, tractors, busses, mobile homes, recreational vehicles, trailers (either with or without wheels), campers, camper trailers, boats and other watercraft, and boat trailers shall be parked only in enclosed garages or areas, if any, designated by the Board. Stored vehicles and vehicles which are either obviously inoperable or do not have current operating licenses shall not be permitted on the Real Estate except within enclosed garages. Notwithstanding the foregoing, service and delivery vehicles may be parked in the Real Estate during daylight hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Lot or the Common Areas. Any vehicles parked in violation of this Section or parking rules promulgated by the Board may be towed at the expense of the Owner.

Section 7.5 Animals and Pets. No farm animals, fowls or domestic animals for commercial purposes shall be kept or permitted on any lot or lots in the Real Estate. All pets shall remain under the control and supervision of an adult Owner, and shall not be permitted off of such Owner’s respective Lot unless on a leash or other restraint. The owner of any pet shall be responsible to clean up or repair any waste or damage caused by such pet, and assure that such pet does not create any unreasonable disturbance.

Section 7.6 Quiet Enjoyment. No portion of the Real Estate shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition. No noxious or illegal activity shall be carried on upon any portion of the Real Estate. No hunting of any nature shall e permitted within the Real estate. No outside burning of wood, leaves, trash, garbage or household refuse shall be permitted within the Real Estate. The Association may order the relocation of any wood piles which are unsightly. No horns, whistles, bells or other sound device, except security and fire alarm devices used exclusively for such purposes, shall e located, used, or placed within the Real Estate.

Section 7.7 Unsightly or Unkempt Conditions; Lawn Care; Dumping. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on his or her Lot. All lawns and other landscaping materials shall be maintained on a regular basis. In no event shall the grass on any Lot exceed the length of six inches (6”). The pursuit of hobbies or other activities, specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Real Estate. Nothing which would result in a cancellation of any insurance for any portion of the Real Estate, or which would be in violation of any law or governmental code or regulation shall be permitted in the Real Estate. Any Owner, or his family, tenants, guests, invitees, servants, or agents, who dumps or places any trash or debris upon any portion of the Real Estate shall be liable to the Association for the actual costs of removal thereof or the sum of $150.00, whichever is greater, and such sum shall be added to and become a part of that portion of any assessment next becoming due to which such Owner and his Lot are subject.

Section 7.8 Antennas, Aerials and Satellite Dishes.

(a) Reception Devices Governed by the Telecom Act. A satellite Dish” or “Antenna” covered by the Telecom Act shall be permitted to be installed by an Owner without the approval of the Association provided the location of the Satellite Dish or Antenna, and all related cables and wiring, are installed at the least visible location on such Owner’s Lot, as viewed from the street directly in front of such Lot, which will not result in a substantial degradation of reception. Within twenty (20) days from the installation of a Satellite Dish or Antenna, an Owner shall notify the Association of such installation. Such notice shall indicate the item installed, the approximate location on such Lot, and that such installation meets the standards contained herein.

(b) Reception Devices Not Governed by the Telecom Act. Any antennas, aerials, satellite dishes, or other apparatus not subject to the Telecom Act shall be permitted on a Lot only if; (i) concealed by landscaping, fencing, or a combination thereof; (ii) installed so as not to be visible from the street in front of such Lot, front elevation street view; and (iii) not constitute a nuisance to any other Owner. All installations under this subsection shall be first approved by the Association.

(c) Miscellaneous. No radio or television signals, nor electromagnetic radiation, shall be permitted to originate from any Lot which may unreasonably interfere with the reception of television or radio signals within the Real Estate.

Section 7.9 Garbage Cans, Tanks, Etc. No storage tanks of any kind shall be allowed upon a Lot. No rubbish, trash or garbage containers shall be stored or maintained outdoors except for such temporary storage necessary for immediate pick up of the trash and, in that event, trash shall be stored in appropriate containers.

Section 7.10 Pools. No above ground swimming pools shall be erected, constructed or installed on any Lot; provided, nothing herein shall preclude installation and use of hot tubs, spas, or in-ground pools with prior approval of the Committee.

Section 7.11 Storage Sheds and Temporary Structures. No tent, shack, trailer, storage shed, mini-barn or other similar detached structure shall be placed upon a Lot or the Common Areas. Notwithstanding the above, party tents or similar temporary structures may be erected or special events with prior written approval of the Committee and children’s overnight camping tents will be allowed as long as they are not up longer than forty-eight (48) hours.

Section 7.12 Drainage, Water Wells and Septic Systems.

(a) Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Person other than the Developer may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains.

(b) No private water wells may be drilled or maintained and no septic tanks or similar sewerage facilities may be installed or maintained on any Lot.

Section 7.13 Traffic Regulations an Sight Distance at Intersections. All Lots located at street intersections shall be landscaped so as to permit safe sight across the street corners. All vehicular traffic on the private streets and roads in the Real Estate shall be subject to the provisions of the laws of the State of Indiana, and any other applicable governmental agency, concerning operation of motor vehicles on public streets. The Association is hereby authorized to promulgate, administer, and enforce reasonable rules and regulations governing vehicular and pedestrian traffic, including modifications of those in force on public streets, within the Real Estate. The Association shall be entitled to enforce same by establishing such enforcement procedures as it deems necessary, including levying fines for the violation thereof.

Section 7.14 Utility Lines. No overhead utility lines, including lines for cable television, shall be permitted within the Real Estate, except for temporary lines as required during construction and high voltage lines if required by law for safety purposes.

Section 7.15 Air Conditioning Units. Except as may be permitted by the Board, no window air conditioning units may be installed in any Lot.

Section 7.16 Mailboxes. Lots which abut a Private Lane Easement shall be served by a common mailbox structure. The Association shall maintain and replace same as necessary with a mailbox structure which is substantially the same in appearance as that which was originally provided by Developer. Each Owner of all other Lots shall maintain the mailbox and structure which was originally installed by a builder, and shall replace same as necessary with a mailbox and structure which is substantially the same in appearance as that which was originally provided to the Dwelling Unit. Nothing may be attached to the mailbox structure which will affect the uniformity thereof with other such structures in the Real Estate. The Committee shall have the discretion to require the replacement of any mailbox within the Real Estate at the expense or the Owner of the Lot served thereby.

Section 7.17 Solar Panels. No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed on any Lot.

Section 7.18 Homeowner Landscape Requirement. Each Owner shall maintain all landscaping provided by Developer, and shall replace same as necessary with landscaping which is substantially the same in appearance as that which was originally provided to such Lot.

Section 7.19 Seeding of Rear Yards. Within thirty (30) days of initial occupancy of a Dwelling Unit, the Owner thereof shall cause the rear yard of such Lot to be seeded with grass of a type generally used in the Real Estate.

Section 2.20. Exterior Flags and Sculpture. Exterior sculptures, fountains, flags, and similar items must be approved by the Committee.

Section 2.21 Driveways and Sidewalks. All driveways will be constructed y a builder of the Dwelling Unit which it serves. Owners shall maintain and replace the driveway of their Lot thereafter so as to maintain the same appearance as provided at the time of original construction, ordinary wear and tear accepted. Each Dwelling Unit shall have a continuous sidewalk from the driveway to the front porch or entry.

Section 7.22 Wetlands, Lakes and Water Bodies. All wetlands, Lakes, ponds, and streams within the Real Estate, if any, shall be aesthetic amenities only, and no other use thereof, including without limitation fishing, swimming, boating, playing or use of personal flotation devises, shall be permitted except as provided in Section 7.29. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of Lakes, ponds or streams within the Real Estate.

Section 7.23 (as amended on February 23, 2004). Fences. No fencing shall be installed on any Lot without the prior review and approval of the Committee (which is defined in the Declaration as the Architectural Control Committee of the Association). The Committee shall have approval on all aspects of any proposed fencing, including but not limited to size, location, height and composition. Fencing guidelines are as follows:

(a) General Guidelines: The following guidelines are applicable to all Lots within the Development;

(i) Approvals. Any fencing shall be subject to the prior approval of the Committee.

(ii) Fencing Types and Materials. All fencing shall be constructed of white vinyl, white picket style (3” to 4” in height vinyl or painted wood), black vinyl coated chain link, black wrought iron style materials, or wood fencing. For purposes of the Declaration, the terms “picket style” shall mean a 3’ to 4’ in height vinyl or painted wood fence where there exists between 2” and 3” of space between the vertical slats of such fence. Wood fencing is permitted in most locations; however, the ACC Committee reserves the right to approve certain fence types on perimeter and highly visible lots within the community (See section (d)(ii) below). A brochure showing an example of fencing to be installed must be included with the application to the Committee.

(iii) Fencing Colors. Fencing shall be either white, off-white, neutral, or earth toned colors. All wooden fencing must be waterproof, stained and/or painted. Chain link is only permitted to be black vinyl coated and wrought iron must be black. Such stain or paint must be uniform for an entire fence and maintained in good condition.

(iv) Fencing Height. Fencing shall not exceed five (5) feet in height; provided that a decorative cap or top (lattice work or other approved decorative detail) ay be installed thereon so long as the aggregate height of the entire structure shall not exceed six (6) feet.

(v) Use of Professional Installer. A professional fencing contractor must be hired by the Owner, at such Owner’s cost, to install approved fencing for such Owner.

(vi) Developer Installed Fencing. No fencing shall connect to or otherwise interfere with any fencing originally installed y the Developer. Any fencing installed by Developer shall not be subject to these standards.

(vii) Landscape Easements. Except as installed by Developer or the Association, no improvements or permanent structures, including without limitation, fences, shall be erected or maintained in or upon Landscape Easements.

(viii) Fencing Within Easements. Fending which is installed within any easement affecting a Lot shall be subject to the risk of removal without notice by the Association or any other entity or entities which have access rights, if any work or repairs are to be done within the easement area(s). The Owner of such Lot shall be responsible for any and all costs relating to the removal of such fencing and for the subsequent replacement of any approved replacement fencing.

(b) Location of fencing on Conventional Lots. In addition to the guidelines under subsection (a), above, and those found under subsection (d), below, the following guidelines are applicable to all Lots within the Development other than Lots which are improved with Developer’s Village Lane product (being Lots which are subject to Private Lane Easements):

(i) Fencing shall not extend forward beyond a point, which is ten (10) feet behind the front corner of the residence; and

(ii) Fencing on any corner Lot shall e at least five (5) feet from the sidewalk.

(c) Fencing location on Lots Subject to Private Lane Easements (Village Lane Communities): In addition to the guidelines under subsection (a), above, and those found under subsection (d), below, the following guidelines are applicable to all Lots which are improved with Developer’s Village Lane product (being Lots which are subject to Private Lane Easements):

(i) Fencing shall not extend forward beyond a point, which is ten (10) feet behind the front corner of the residence;

(ii) Fencing shall not extend backwards beyond a point towards the rear of a residence determined by a measurement which is the greater of (A) four (4) feet from the rear corner of such residence or (B) the rear corner of the adjacent residence, if any:

(iii) Fencing that is parallel to an adjoining residence shall be at least three (3) feet from the sidewall of each such adjacent residence;

(iv) Fencing shall not be constructed within twenty-five (25) feet of the shoreline of any lake or detection pond; and

(v) Fencing on any corner Lot shall be at least five (5) feet from the sidewalk.

(d) Additional Fencing Guidelines. Fencing for Lots in highly visible locations (such locations to be determined by the Committee in its sole discretion) shall be subject to the following additional restrictions:

(i) Pond Lots: Lots which are adjacent to or which abut a Lake or detention pond are subject to the following restrictions:

(A) Fencing shall not exceed four (4) feet in height; provided that in the discretion of the Committee, the portion o such fence closest to the rear side of the residence may be five (5) feet in height, and have a decorative cap (not to exceed six (6) feet aggregate); provided further that such higher section shall not extend more than ten (10) feet from the rear corner(s) of the residence, subject to (b), below. In exercising its discretion under this provision, the Committee shall take into account the affect such proposed fence would have on the use and enjoyment of the lake or pond areas by other Owners.

(B) Fencing shall not be constructed within twenty-five (25) feet of the shoreline of any Lake or detention pond.

(ii) Perimeter Lots and Highly Visible Lots. With respect to a Lot where either (A) the rear yards are highly visible from public streets (within the neighborhood or surrounding the neighborhood), or (B) the Lot abuts a Common Area, the Committee may require fencing for such Lot to be consistent in material, height, and style to that of previously approved fencing for any other Lot which is on and along such street or Common Area. Such restrictions shall be disclosed to buyers in the Common Interest and Community Information Disclosure.

The back ten feet of Lots 1 through 28, which abut the pond, shall be in a landscape easement. No improvements, plant material, or playground equipment shall be permitted within this landscape easement. However, fencing is permitted within this landscape easement that shall be white picket design and 42” in height. All fencing shall be constructed of white picket designs on these lots.

(iii) Dog Runs and Similar Enclosures. No enclosures, structures or “runs” which are designed primarily for the outside keeping of pets or other animals and which are made in whole or part from chain link fencing material, including but not limited to dog runs, kennels, or other similar enclosures, shall be permitted; provided, however, the Committee shall have the discretion to approve such an enclosure or structure if such is surrounded by a fence which is consistent with the foregoing restrictions and minimizes the visibility of such structure by adjoining property owners.

NOTE: In addition to the above restrictions and standards, the applicable municipality may have restrictions and ordinances that may affect, limit or otherwise restrict or prohibit an improvement to a Lot, including fencing. Approval of any improvement by the Committee does not guarantee that such improvement is not subject to any other governmental approval. There may be instances where a change is approved through the Committee but may not be allowed through the municipality (or vice versa). An Owner must check with the municipality and obtain any permits or approvals that may be required.

Section 7.24 Business Uses. No trade or business may be conducted in or from any Lot, except that an Owner or occupant residing in a Dwelling Unit may conduct business activities within the Dwelling Unit so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Dwelling Unit; (b) the business activity conforms to all zoning requirements for the Real Estate; (c) the business activity does not involve persons coming onto the Real Estate who do not reside in the Real Estate or door-to-door solicitation of residents of the Real Estate; and (d) the business activity is consistent with the residential character of the Real Estate and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Real Estate, as may be determined in the sole discretion of the Board.

Section 7.25 Basketball Goals. No basketball goals shall be permitted on any Lot which abuts a Private Lane Easement. No basketball goals shall be permitted on any other Lot without the prior review and approval of the Architectural Control Committee of the Homeowners Association. No basketball goals shall be permitted to be used along any curb on or in any street of the Community.

Section 7.26 Playground Equipment. No playground equipment shall be installed within any Private Lane Easement. No playground equipment shall be installed on any other Lot without the prior review and approval of the Architectural Control Committee of the Homeowner’s Association. All such equipment shall be located at least ten (10) feet from any adjacent property lines and in the rear yard of a lot (being the portion of such lot behind the rear corners of the residence on such lot). Notwithstanding the foregoing, in the vent such lot is located on a corner in the Community, the Architectural Control Committee may, in its discretion, approve a location for such equipment other than a rear yard provided such is not closer than ten (10) feet from any public sidewalk.

Section 7.27 On-Site Fuel Storage. No on-site storage of gasoline, heating or other fuels shall be permitted on any part of the Real Estate except that up to five (5) gallons of fuel may be stored on each Lot for emergency purposes and operation of lawn mowers and similar tools or equipment, and the Association shall be permitted to store fuel for operation of maintenance vehicles, generators and similar equipment.

Section 7.28 Contiguous Lots. Whenever two or more contiguous Lots shall be owned by the same Owner, and such Owner shall not be permitted to use two or more of said Lots as a site for a single dwelling. Each Lot shall be, and shall remain, improved with a single Dwelling Unit, and each Lot shall be subject to the Assessments.

Section 7.29 Control of Lakes and Common Areas.

(a) Control by the Association. As part of its general duties, the Association shall regulate the Lakes and Common Areas and shall provide for the maintenance thereof. . . .

(b) Restrictions of Use of Lakes and Common Areas.

(i) No one other than Owners who are Members in good standing with the Association, or such an Owner’s occupant, tenants, guests or invitees, may use the Lakes or the Common Areas.

(ii) No nuisance shall be permitted to exist on any Lot and no waste shall be committed on any Lot which shall or might damage or cause injury to the Lakes or the Common Areas.
iii) All persons entitled to use and enjoy the Lakes and the Common Areas, shall observe and be governed by such rules and regulations as may from time to time be promulgated and issued by the Board.

iv) No Owner shall be allowed to plant trees, landscape or do any gardening in any part of the Lakes or the Common Areas, except with express permission from the Committee.

v) The Lakes and the Common Areas shall be used subject to the rules and regulations from time to time adopted by the Board. No boating, swimming, diving skiing, ice skating or other recreational activity shall be permitted in or on the Lakes. No sewage, garbage, refuse, or other solid, liquid, gaseous or other materials or items shall be put into the Lakes, except the Association may take steps to clear and purify the waters thereof by the addition of chemicals. Fishing from the shoreline area of the Lakes by those persons permitted to use the Lakes shall be permitted subject to rules determined by the Association and compliance with all applicable fishing and game laws, ordinances, rules and regulations.

Section 7.30 Laws and Ordinances. Every Owner and occupant of any Lot or Dwelling Unit, their guests and invitees, shall comply with all laws, statutes, ordinances and r4ules of federal, state and municipal governments applicable to the Real Estate and any violation thereof may be considered a violation of this Declaration; provided, however, the Board shall have no obligation to take action to enforce such laws, statutes, ordinances and rules.

Section 7.31 Sales and Construction. Not applicable.

Section 7.32 Occupants Bound. All provisions of the Declaration, By-Laws and of any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants, guests and invitees of any Lot. Every Owner shall cause all occupants of his or her Lot to comply with the Declaration, By-Laws, and the rules and regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Areas caused by such occupants.

Marilyn Ridge Bylaws