Scribd Logo
Upload

Welcome to Scribd!

  • Metea Valley Covenants Section 2

    Uploaded by

    kennedyjd
    63 views22 pages
    Metea Valley Covenants Section 2

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Metea Valley Covenants Section 2

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    63 views22 pages

    Metea Valley Covenants Section 2

    Uploaded by

    kennedyjd
    Metea Valley Covenants Section 2

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 22
    ¥201010677 Paget Plat Cab D Wag Buel Be COVENANTS, LIMITATIONS, EASEMENTS, AND APPROVALS APPENDED HE is ‘TO AS PART OF THE DEDICATION AND PLAT OF ie 8B METEA VALLEY, SECTION Il, es ae A SUBDIVISION OF CEDAR CREEK TOWNSHIP, ALLEN COUNTY, INDIANA mer Rink METEA. LLC, an indiana limited lability company, hereby declares that itis the ‘Owner and Developer of realestate which includes Metea Valley, Section Il, and does hereby layof, plat and subdivide saidreal estate in accordance withthe information shown * ‘onthe final plat, being the certified plat appended hereto and incorporated herein. A part ‘of the Subdivision shell be known and dasignated as Metea Valley, Section tl, & ‘Subdivision in Cedar Creek Township, Allen County, Indiana, ‘The Lots shall ve subject to and impressed with the covenants, agreements, restrictions, easements and limitations hereinafter set forth, and they shall be considered 4 part of every converence of land in Metea Valley, Section I, without being writen therein, The provisions herein contained are for the mutual Benet and protection ofthe ‘owners present and fulureof any and all land in the Subdivision, and they shall run with and bind the land and shallinure fo the benef of and be enforceable by the owners of and included therein, their respective egal representatives, successors, grantees and assigns, The Lots are numbered from 43 to 92, inclusive; and all mensions are shown in feet and decimals of afoot on the plat All sirets and easements specifically shown or described are hereby expressly dedicates to public use for thair usual and intended purposes. PREFACE, Metea Valley Is a tract of real estate which has been and will be ultimately subdivided into approximately one hundred three (103) residential Lots, alto be included in and known as Metea Valley, separately designated by sequentially numbered sections, Each owner of a Lot in Motea Valley shal become a member of the Community Association known as Metea Community Association, Inc, ané shall be bound by the ‘Articles of Incorporation and By-Laws of said corporations, 'tshallbe the obligation ofthe Metea Community Association, ne, omake provision for the maintenance of the common areas designated an the face of the Plat and the ‘common areas in all sactions of Metea Valley. ‘This Preface andits statement shall bedeemeda covenantof equal force and effect asallothers herein etfoth. — wuorows ornee is se object : oo 1724 eta ‘ CADDTTORS HOGER Fee 22 2001 ee i She caetnditem 7A" ARTICLE! Definitions ‘The terms hereinafter set forth shall have the folowing meanings: Section 1. “Architectural Control Committee” shall mean the body designated herein to review plans and to grant or withhold certain approvals in connection with improvements and developments, The Committee shallbe composedof ive (3) members intially appointed by the Developer. Any vacancies from time to time shall be filed pursuant to the terms af these Restrictions or the By-Laws ofthe Association Section2. “Association” shall mean and refer to Metea Community Association, Inc., its successors and assigns. Section 3. "By-Laws" shall mean the By-Laws intially adopted by Metea Community Association, Inc., and all amendments and additions thereto, Sections. “Common Area” shall mean allreal property owned by the Association forthe common use ard enjoyment ofthe Owners of Lots in Metea Valley, Section I, and ‘other sections of Metea Valley, as shown on the raspective pts of said Sections, and as ‘may be added in accordance with Article Il, Section 3 of hese Restrictions Section S. *eveloper” shail mean METEA, LLC, an Indiana limited lability company, its sssigns, successors of successors in interest, and any person, firm ot corporation designated by it or its said successor or successor in interest Section 6. "Dwelling Unit" shall mean and refer to the structure used as a residential ving unt located upon 2 Lot. including the garage and any appurtenances, Section7. _"Lot’shall mean any ofsaidLots in Metes Valley, SectonIl as platted fr any tract of land as conveyed originally or by subsequent Owners, which may consist ‘of one or more Lots or parts af one or more Lots, upon which a dweling may be erected in accordance with therestricions hereinafter set forth, PROVIDED, HOWEVER, no tract of and consisting of pat of any one Lot or parts of mare than one Lot shall be considered "Lot uniess said tract of land has a minimum of fifty (50), feet width atthe established building line as shown on the plat. Section. *Metea Valley” shall mean and refer collectively to each saction of the Metea Valley development, as it may be changed from time to time. Section. "Owner" shall mean and refer to the record owner, whether one or ‘more persons or entities, ofa fee simple tie to any Lot whichis a pat of the plat incucing contract sellers, excluding those having such intorest meraly as security for the performance of an obligation, ‘Section 10, "Restrictions" shall mean and refer to the Dedication, Protective Restrictions, Covenar's, Limitations, Easements and Approvals appended to as part of the Dedication and Piet of Metea Valley, Section I Section 11. “Shared Common Area” shall mean the real property designated as Block"C*on the pat ofMetea Valley, Section Il, and the real property designated as Block “T" on the plat of Pioneer Village, Section VI Section 12. “subdivision” shall mean Metea Valley and al ofits various sections, ‘a Subdivision located in Cedar Creek Township, Allen County, indiana. ARTICLE I Property Rights Section. _Ouner's Easements of Enjoyment Every Owner shallhave right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass wih the tile to every Lot, subject to the following provisions: (2) __ the right ofthe Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area, (©) __ the ight ofthe Association to suspend the voting rights and tight to use ofthe recreational faclties by an Owner for any period during which any assessment against said Ownees Lot ramains unpaid and for 9 Period net to exceed thity (30) days for any infraction by said Owner, 0° the ‘Owner's family lenants, contract purchase’s a Invitees of published rules ‘and regulations ater hearing by the Board of Directors of the Association, (6) _ therightofthe Association to dedicate or transfer allor any part of the Common Area to sny public agency, authority, or ullity for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/8) of each class of members of the [Association agreeing to such dedication or transfer has been recorded, Section2. Delegation ot Use. Any Owner may delegate, in accordance withthe By-Laws, sald Owner’ right of enjoyment to the Common Area and facilities ta the mombers of histher family, hisiher tenants, oF contract purchasers who reside on the property Section3. _Acditions tp Common Atea. The Developer reserves the right so long a8 Class B members cf the Associaton exist, fo convey and transfer to the Association ‘such additional real ansfor personal property as the Developer within its sole diseration... 3 deems appropriate, and the Association shall accept such transfer and shall hold such property as a part of tie Common Area of the Subdivision. ARTICLE Architectural Control No building, imorovement, constriction, excavation, fence, wall, swimming pool or spa. exterior lighting. swing set, play equipment, statues, lawn omaments or other non living landscaping ornamentation device or other stricture shall be commenced, erected, altered or maintainec upon any Lot, nor shall any exterior addtion to or change ot alteration of any Dweling Unit be made until two (2) sets of plans and specifications ‘showing the nature, bind, shape, height, materials and location of the same shall have been submitted to andapproved in writing by the Architactural Control Committee as 01) harmony of external design and location in relation to surrounding structures and ‘topography, and (2) the standards and guidelines established by the Architectural Control Committee ‘rom time to time. All approvals shall be requested by submission to the Architectural Control Committee of plans and specifications in duplicate, showing the ‘ollowing: (2) The Dweling Unit, and other improvements, ‘access drives, and other improved areas, and the locations thereof on the site: (©) Al mail boxes and exterior ernamentaton; (©) Plans for all floors and elevations, including projections and wing walls: (4) Exterior lighting plans: (2) Walls, fencing, and screening (Patios, decks, pools, and porches, Neither the Developer, the Architectural Control Commitee, the Association, norany member, officer or director thereof, nor any of their respective heirs, personal representatives, successors or assigns, shall be lable to anyone by reason of any mistake in judgment, negligence, or nonfeasance arising out of or relating to the approval or ‘disapproval or failure to approve any plans so submitted, nor shall they, or any of them, be responsible or liable for any structural defects in such plans or in any building or structure ‘erected according to such plans or any drainage problems resulting therefrom. Every person and entity who submits plans tothe Architectural Control Committee agrees, by submission of such plans, that he or itwil not bring any action of suit against the Committee, the Assocation o- the Daveloper to recover any demages or to require the «, 4 Commitae or the Developer to take or refrain from taking, any action whatever in regard to such plans or in regard to any building or structure erected in accordance therewith, Neither the submission of any complete sets of plans to the Developers offce for review by the Architectural Cowro! Committee, nor the approval thereof by that Committee, shell be deemed to guarantoe or require the actual construction of the building or stracture therein described, and no adjacentLot Owner may claim any reliance upon the submission ‘andlor approval of any such plans or the buildings or structures desorbed therein, ‘The original Arcuitecturel Control Committee shall consist of three (3) members: Herbert Delagrange, Lary Delagrange and Craig Yoder. A majorly ofthe Comittee may esignate a representaive to act frit. In the event of death or resignation of any mmtoes cof the Committee, the remaining members shall have full authority to designate. 2 Successor. Inthe event said Board, or the Architectural Control Committe, fais to approve (oF disapprove such design and location within thity (20) days after said’ plane and specifications have been submited to it, approval wil not be required and this Article wil be deemed satisfied ARTICLE IV ‘Metea Community Association, Inc. Seciiont. | Orcanization. There has been organized in connection with the development of Metea Valley, and its various sections, an Incorporated notfor-proft association known as Metea Community Associaton, ne. (the "Association" Section2. | Membership and Voting Rights. Every Owner of a Lot shall ba a rmsiver Of the Association, together with all other lot owmers in. the Subdivision Membership shall be appurtenant to and may notbe separated ftom ownership of any Lot which is subject to assessment, Section3. Classes of Membership. The Association shall have two (2) classes ‘of voting membership: Glass A. Class A members shall be all Owners, together wth al ‘ther lot owners inthe Subdivision exclusive of the Developer, Owners shall 'be ented to one (1) vote far each Lot owned. GClassB. The Class B member(s) shall be the Developer, and hall be enttied tothree (3) votes for each Lat owned in the Subdivision, The Cass 8 memberstip shal! cease and be converted to Class A membership ‘on the happening of either ofthe folowing events, whichever occurs earlion (2) when tile to all tots in all sections of the ‘Subdivision has been conveyed, or (©) on December 31, 2008. Section. Membership Transfer. Membership in the Association wil transfer fom the Developer or ts successor in interest to the Owner upon delivery ofthe Deod to Owners Lot Section. Centinuing Membershios. The Owner of any Lot shall continue to be ‘2 member of the Association co long as such Over continues to be the Owner of a Lot for the purpose herein mentioned. Membership shall pass with the transfer of tle tothe Lot Section6. Transferof Membership Riahts and Privileges inthe Association. Each ‘Owner, and in leu thereof, (and withthe written consentof such Ownerto the Association) teach lessee of a Lot shall be a member of the Association and have the right to the Owner's vote and privileges. Membership, where assigned to a lessee, will pass withthe lease, except if the Owner withdraws histher consent in writing to the Association. The Owner may withdraw his/her membership assignment fo any lessee in hishher discretion by issuing a sixty (60) day notice in wring to the Association. No assignment of membership shall relieve an Owner ofthe Lot from the obligation to pay any assessment authorized by these Restrictions Seclion7. _Creationofthe Lien and Personal Obligation of Assessments. Each ‘Owner of any Lot, excepting Developer, by acceptance ofa deed tnerefor, whether or not it shal be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments, (2) special assessments; (3) Tax Recoupment Assessment, Such assessments shall be established and collected as harainafar Provided. The annual, special and Tax Recoupment assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is made, Each such assessment, together with interest, costs, and reasonable attorneys fees shal also be the personal obligation ofthe person who was the Owner of such Lot atthe time when the assessment fell due. The ‘personal obligation for delinquent assessments shall not pass to an Owner's successors, in ite unless expressly assumed by them, Ssction8. Purpose of Annual Assessments, The annual assessments levied by the Association shall be used exclusively to promote the recreation, health, and welfare of the Owners inal sections of Metea Valle, including, but not limited to. the improvement and maintenance of the Common Area, maintenance of street lighting, maintenance of the ‘sprinkling system, maintenance of the storm water impoundment basin along with its attendant water level contro structure situated on te Common Area, and removal of snow from the streets Seciion§. Mavimum Annual Assessment, Until January 1 of the year immediately folowing tre conveyance of the frst Lot to an Owner, the maximum annual ‘assessment shall be One Hundred Sisty and NoV100 Dollars ($160.00) per Lot. 6 (2)__ Fiomandafter January 1 ofthe year immediately folowing the conveyance ofthe first Lot o an Owner, the maximum annual assaesment ‘may not be increased each year mote than eight percent (836) above the ‘maximum annual assessment forthe prior year. without the vote or written assent of fityone percent (51%) of each class of members of the Association (©) The Board of Directors of the Association may fix the annual assessment at an amount notin excess of the maximum without the vote or \wrtien assent of fifty-one percent (51%) of each class of members of the Association. Section 10. Special Assessments, In addition to the annual assessment ‘authorized above, the Association may levy, in any assessment year, a special assessimcnt applicable to that year only forthe purpose of defraying, in whole or in part, (1) the cost of any construction, repair ar replacement ofa capital improvement upon the ‘Common Area, including fixtures and personal property related thereto; (2) any budget shortfall; or (3) emergency need of the Association, provided that any such assessment ‘shall ave the vote or wrtfon assent of ity-one percent (51%) of each clase of members of the Association Section 11. Notice and Quorum for Any Action Authorized Under Section 9 and 19. Any action authorzed under Sections 9 and 10 shall be taken at a meating called for ‘hat purpose, written notice of which shall be sent to al members not less than thirty (20) days nor more than sity (60) days in advance of the meetin. I the proposed action is favored by a majorty 9f tho votoe cast at auch meoting, but suoh vole is leas than the requisite fity-one pervent (51%) of each class of members, members who were not present in person or by proxy may give thelr assent in writing, providing the same Is ‘obtained by the appropriate officers ofthe Association not later than thirty (30) days from. the date of such meeting Section 12. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a unitrm rate forall Lots and may be collected on a monthly or yearly basis as the Board of Directors may determine from time to time. Section 13. Date of Commencement of Annual Assessments: Due Date. The annual assessments provided for herein shall commence as to all Lots (excepting Lots ‘owned by the Developer) on the date ofthe original recording of these Restrictions withthe Recorder of Allen County. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot for each annual assessment peiod. Written notice of te annual assessment shall be sentto every ‘Owner subject thereto. The due date shall be established by the Board of Directors of the Associaton. The Association shall, upon demand, and for a reasonable charge, furnish a carticate signed by an officer ofthe Association setting forth whather the assessments on { specified Lot have teen pa. Section 14, | Glui’Membership, Operating Fund Assessment. The Developer plans to construct a bathhouse, swimming pool and tennis courts within Metea Vallay, which {acilties willbe ownedand operated by the Association, and which wil be available for use bby members of the Association. Upon the substantial completion of the bathhouse, ‘swimming pool and tennis coutts as determined by the Board of Directors of the Association, a Club Ooerating Fund will commence: (2) __AlVillamisium Lot Owners in Metea Valley (al sections) shall be entitled, at their option, to membership and usage of the bathhouse, ‘swimming ‘pod, and tennis courts, and shall pay as a part of such membership the same Club Assessment as the Single-Family Lot Owner Members. Such Club Assessment shall bar interest, shall become a lien tupon the Lot against which it is assessed, shall became the personal ‘bigation ofthe Ownerof such Lot, and may be collected in accordance with the provisions ofthis Article, (©) AlSingle-Family Lot Owners within Matea Valley, exceptthose ‘owned by the Developer and those Vilarinium Lot owners who chose not to be a member pursuant io (a) above, shall be charged a Club Assessment {in addition tothe Annual Assessments and Special Assessments provided in Sections 9 and 10, respectively), with respect to the operation and ‘maintenance cf said facilities. This Club Assessment will be assessed ‘against each lot owner irespective of whether a Dweling Unit is located ttiereon. Such Ciub Assessment shall tea interes, shall become allan upon the Lot against which tis assessed, shall become the personal obligation of the over of such fot, and may be collected in accordance with the provisions of ths Article, Except forthe fist Club Assessment, the due date shall be established by the Board of Directors ofthe Association. All Club Assessments shall be determined by and paid to the Association, and the Association shall be responsible for carrying out the purposes of such Club Assessments. All members shall be subject to all rules and regulations {governing Membershis and use as may be established by the Association from time to lime, ‘Tho amount ofthe annual Club Assessment shall be established as follows: (Commencing prior to the substantial completion of the bathhouse, swinming pool end tennis courts, the Board of Directors of the Association shal estabish a budget forthe fiscal year and shall determine thereirom the annual Club Assessment for each lot required to meet said budget. Such budget end Club Assessment for each fiscal year shall be 8 ‘established by the Board of Directors. The Board of Director shall mailto all Association members a copy of a proposed budget and notice of the proposed Club Assessment, (l)__ Said Club Operating Fund shall be used exclusively for the purpose of operating and maintaining said bathhouse, tennis courts and ‘swimming pool 2s well 8s all recreational faciities therein or used in connection therewith, including but not limited to, repair, maintenance, cost, of labor, equipment, supervision, taxes, insurance, and all other things necessary or éesirable in the opinion of the Board of Directors of the Association Section 18, TacRecoupment Assessments. In addition to all other assessments Provided for in this Aricle, the Association may levy in any assessment year, an ‘ssessment ("Tax Recoupment Assessment’) applicable to that year only forthe purpose (of detraying, in whole or in part, any cost ar expense incurred by the Association in the {orm of a tax, andlor penalty andlor interest an a tax imposed upon. assumed by or assessed against the Association or its properties, and arising outof or in any way related tothe acceptance of ite o, the ownership of andlor operation or maintenance of any plant fF equipment (including utility lines, it stations and other propery) forthe transm selon,

    You might also like