DEDICATION, PROTECTIVE RESTRICTIONS, COVENANTS, JUSTHOST
LIMITATIONS, EASEMENTS AND APPROVALS APPENDED TO AS
PART OF THE DEDICATION AND PLAT OF
THE LAKES OF LIBERTY MILLS
A SUBDIVISION OF ABOITE TOWNSHIP, ALLEN COUNTY, INDIANA
Maggos Northwest Development, Inc., an Indiana corporation, by Eleftherios Maggos, it’s President, hereby declares that it is the Owner of the real estate shown and described in this plat and does hereby lay off, plat and subdivide said real estate in accordance with the information shown on the final plat, being the certified plat appended hereto and incorporated herein. The subdivision shall be known and designated as The Lakes of Liberty Mills, a subdivision in Aboite Township, Allen County, Indiana (hereinafter referred to as the “Subdivision”).
The Lots are numbered from 1 to 125, inclusive, and all dimensions are shown in feet and decimals of a foot on the plat. All streets and easements specifically shown or described are hereby expressly dedicated to public use for their usual and intended purposes.
ARTICLE I
DEFINITIONS
Section 1. “Association” shall mean and refer to The Lakes of Liberty Mills Community Association, Inc., it’s successors and as signs.
Section 2. “Owner” shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties (as that term is defined herein), including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. “Properties” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners, including, but not limited to, those areas designated on the plat of the Subdivision as detention lakes or ponds, wetlands, park areas, or other designated common areas.
Section 5. “Lot” shall mean either any of said Lots as platted or any tract or tracts of land as conveyed originally or by subsequent Owners, which may consist of one or more Lots or parts of one or more Lots as platted upon which a residence may be erected in accordance with the restrictions hereinabove set out or such further restrictions as may be imposed, by any applicable zoning ordinance, PROVIDED, HOWEVER, no tract of land consisting of part of any one or parts of more than one Lot shall be considered a “Lot” unless said tract of land has a frontage of 70 feet in width at the established building line as shown on this plat.
Section 6. “By-Laws” shall mean the By-Laws as initially adopted by The Lakes of Liberty Mills Community Association, Inc., and all amendments and additions thereto.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners’ Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to the use of the recreational facilities by an Owner for that period during which any assessment against his Lot remains unpaid; and for a period not to exceed 30 days for any infraction of its published rules and regulations after hearing by the Board of Directors of the Association;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility 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 (2/3) of each class of members agreeing to such dedication or transfer has been recorded.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the subject property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. There shall be one membership for contiguous lots utilized by the owner or owners as a single residence. The members of the Association shall be the owners of lots within The Lakes of Liberty Mills in Allen County, Indiana, who shall hold their membership as provided in Article V of the Articles of Incorporation and Article III of the Dedication, Protective Restrictions, Covenants, Limitations, Easements and Approvals (the “Covenants”). There shall be one membership for contiguous lots utilized by the owner or owners as a single residence.
Section 2. The Association shall have the following voting rights:
Members 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 anyone Lot.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and personal Obligation of Assessments. Each Owner of any Lot, excepting Maggos Northwest Development, Inc., 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, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs 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, costs and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of the Lot 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.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be exclusively to promote the recreation, health and welfare of the residents of the Properties and for the improvement and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Two Hundred Seventy Dollars ($270.00) per lot.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 8% above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 8% by the vote or written assent of 51% of each class of members.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of construction, repair, or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote or written assent of 51% of each class of members.
Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Any action authorized under Sections 3 or shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite 51% of each class of members, members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officers of the Association not later than 30 days from the date of such meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or yearly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following conveyance of the Common Area. The first annual assessment shall be prorated according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 8. Effects of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 12% per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments, provided for herein by non-use of the Common Area or abandonment of his Lot. The Association, in addition, will assess a $25.00 per month delinquency fee for an Assessment not paid 60 days after the due date and monthly until dues are paid in full.
Section 9. 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 assessments thereafter becoming due or from the lien thereof.
ARTICLE V
ARCHITECTURAL CONTROL
No building, deck, fence, wall, in ground swimming pool or other structure, including but not limited to swing set, gym set or sand box, shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by the Architectural Control Committee (the “Committee”), such committee to be composed of a board member and up to 2 other members designated by the board of directors. In the event said Board or Committee fails to approve or disapprove such design and location within thirty (30) days after said complete plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been complied with in full. Notwithstanding any other provisions to the contrary in this Article, the Committee shall have the right not to approve construction, or modification in the event construction was approved, of any fence on Lots 1-12, 58-64, 82-87 all inclusive, which, in the Committee’s sole opinion, would create a site obstruction of any lake in the Subdivision.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Single-Family Residential Use. No Lot shall be used except for single-family residential building purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other that one detached single-family dwelling not to exceed two and one-half stories in height. Each house shall include not less that a two-car garage, which shall be built as part of said structure and shall be attached thereto. Each house shall include one yard light, located not less than fifteen (15) feet from the street curb and not less than five (5) feet from the driveway on said lot. No sheds or outbuildings, including penthouses, shall be erected on any lot. The exterior front of the house shall be constructed of wood, brick, stone, or a combination of those materials. Vinyl or other artificial materials shall not be used for the construction of the exterior front. Each house shall include landscaping consisting of at least 10 well-developed shrubberies.
Section 2. Minimum Square Footage. No building shall be built having a ground floor area upon the foundation, exclusive of one-story open porches, breezeways or garages, of less than 1,800 square feet for a one-story dwelling, nor less than 1,350 square feet for a dwelling of more than one-story, nor less than 1,500 square feet for a Cape Cod dwelling. The attached garage shall have a ground floor area of not less than 520 square feet.
No building shall be built having a ground floor area upon the foundation, exclusive of one-story open porches, breezeways or garages, of less than 1,800 square feet for a one-story dwelling, nor less than 1,250 square feet for a dwelling of more than one-story, which multiple-story building shall have total floor area of not less than 2,400 total square feet, nor less than 1,500 square feet for a Cape Cod dwelling. The attached garage shall have a ground floor area of not less than 520 square feet.
No building shall be built having a ground floor area upon the foundation, exclusive of one-story open porches, breezeways or garages, of less than 1,800 square feet for a one-story dwelling, nor less than 1,250 square feet for a dwelling of more than one-story, nor less than 1,650 square feet for a Cape Cod dwelling. All dwellings must have a three-car attached garage. (A applies to Sections III and Section IV only.)
Section 3. Building Location. No building shall be located on any Lot nearer to the front Lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located nearer that a distance of seven (7) feet to an interior Lot or nearer than twenty-five (25) feet to the rear Lot line.
Section 4. Minimum Lot Size. No dwelling shall be erected or placed on any Lot having a width of less than 70 feet at the minimum building setback line, nor shall any dwelling be erected or placed on any Lot having an area of less than 8,400 square feet.
Section 5 (a). Utility Easements. Easements for the installation and maintenance of utilities, cable and drainage facilities are reserved as shown on the recorded plat and over the rear seven (7) feet of each Lot or as shown on the plat. No Owner of any Lot shall erect or grant to any person, firm, corporation, or other entity, the right, license or privilege to erect or use or permit the use of overhead wires, poles or overhead facilities of any kind for electrical, cable, telephone or television service (except such poles and overhead facilities that may be required at those places where distribution facilities enter and leave the Subdivision). Nothing herein shall be construed to prohibit street lighting or ornamental yard lighting serviced by underground wires or cables. Electrical service or cable entrance facilities installed for any house or other structure connecting the same to the electrical distribution system of any electric public utility shall be provided by the Owners of all Lots and shall carry not have less than three (3) wires and have a capacity of not less than 200 amperes. Any public utility charged with the maintenance of any underground installation shall have access to all easements in which said underground installations are located for operation, maintenance and replacement of service connections.
Section 5 (b). Surface Drainage Easements. Surface Drainage Easements and Common Areas used for drainage purposes as shown on the plat are intended for either periodic or occasional use as conductors for the flow of surface water run-off to a suitable outlet, and the land surface shall be constructed and maintained so as to achieve this intention. Such easements shall be maintained in an unobstructed condition and the County Surveyor or a proper public authority having jurisdiction over storm drainage shall have the right to determine if any obstruction exists and to repair and maintain or require such repair and maintenance as shall be reasonably necessary to keep the conductors unobstructed.
Section 5 (c). Flood Protection Grades. In order to minimize potential damage to residences from surface water, minimum flood protection grades are established at 795.0 feet for Lots 1 through and inclusive of Lot 10, and 804.0 feet for Lots 30 and 31. All grades are established based on Mean Sea Level. All residences on such lots shall be constructed so that the minimum elevation of a first floor or the minimum sill elevation of any opening below the first floor equals or exceeds the applicable minimum floor protection grade established in this section.
In order to minimize potential damage to residences from surface water, minimum flood protection grades for the following lots are established at 795.0 feet for Lots 58 through and inclusive of Lot 64; 801.9 feet for Lots 37and 38; 802.04 feet for Lots 39 and 40; and 803.4 feet for lots 46, 47, and 48. All grades are established based on Mean Sea Level. All residences on such lots shall be constructed so that the minimum elevation of a first floor or the minimum sill elevation of any opening below the first floor equals or exceeds the applicable minimum floor protection grade established in this section.
Section 6. No noxious, offensive or illegal activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. The outside burning of leaves or other yard waste, rubbish, or any other matter shall be considered noxious, offensive or illegal activity for purposes of this provision.
Section 7 (a). No structure of a temporary character, trailer, boat trailer, camper or camping trailer, basement, tent, shack, garage, barn or other outbuilding shall be constructed, erected, or located or used on any Lot for any purpose, including use as a residence, either temporarily or permanently; provided, however, that basements may be constructed in connection with the construction and use of any residential building.
Section 7 (b). No boat, boat trailer, recreational vehicle, motor home, truck, camper or any other wheeled vehicle, other than passenger automobiles, shall be permitted to be parked ungaraged on any Lot or on any street in the Subdivision for a continuous period in excess of 48 hours, or for a period of which in the aggregate is in excess of eight (8) days per calendar year. A “truck” is defined for this purpose as one which is rated one-ton or more. No wheeled vehicle of any kind, including automobiles, shall be permitted to be parked on any street in the Subdivision for a continuous period in excess of 48 hours, or for a period, which in the aggregate is in excess of eight (8) days per calendar year.
Section 7 (c). No clothesline or clothes poles, or any other free-standing, semi-permanent or permanent poles, rigs or devices, regardless of purpose, shall be constructed, erected or located or used on any Lot, except that with prior Architectural Control Committee (“Committee”) approval. A pole for displaying the flag of the United States of America is permitted.
Section 7 (d). Metal wall pools are not allowed. No above ground swimming or wading pools of more than 15 feet in diameter shall be placed or maintained on any lot. Above ground swimming or wading pools will not remain filled for more than 6 months total in a calendar year and will only be located in the back of the lot. Hot tubs or Jacuzzis may be permitted only with prior written consent of the Architectural Committee.
Section 7 (e). Basketball goals on freestanding poles (portable or nonportable) shall be permitted subject to the prior written approval of the Committee; however, basketball goals attached to the house or garage shall not be permitted.
Section 8. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one square foot or one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
Section 9. No radio or television antenna shall be attached to the exterior of any dwelling house. No freestanding radio or television antenna shall be permitted on any lot. No television receiving disk larger than 24" will be permitted and those shall be mounted in a way to be least visible from the street and/or common area. No attached or detached solar panels shall be permitted.
Section 10. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot. No derrick or other structure designed for the use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
Section 11. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
Section 12. No Lot shall be used as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. No incinerators or outside incinerators shall be kept or allowed on any Lot.
Section 13. All buildings shall be constructed in a substantial and good workmanlike manner and of new materials. No roll siding, asbestos siding or siding containing asphalt or tar as one of its principal ingredients shall be used in the exterior construction of any building on any Lot of said Subdivision, and no roll roofing of any description or character shall be used on the roof of any dwelling house or attached garage on any of said Lots.
Section 14. All driveways from the street to the garage shall be poured concrete and not less than sixteen (16) feet in width. No driveway access to Liberty Mills Road from Lots 43, 44 and 45 shall be permitted.
Section 15. No individual water supply system or individual sewage disposal system shall be installed, maintained or used on any Lot in this Subdivision.
Section 16. In addition to the utility easements herein designated, easements in the streets, as shown on this plat, are hereby reserved and granted to all public utility companies, the proprietors of the land herein platted and their respective successors and assigns, to install, lay, erect, construct, renew, operate, repair, replace, maintain and remove all and every type of electrical conduit, cable conduit, gas main, water main and sewer main (sanitary and/or storm) with all necessary appliances, subject, nevertheless, to all reasonable requirements of any governmental body having jurisdiction thereof as to maintenance and repair of said streets.
Section 17. No rain and storm water run-off or such things as roof water, street pavement and surface water, caused by natural precipitation, shall at any time be discharged into or permitted to flow into the Sanitary Sewer System, which shall be a separate sewer system from the Storm Water and Surface Water Run-off Sewer System. No sanitary sewage shall at any time be discharged or permitted to flow into the above-mentioned Storm Water Run-off Sewer System.
The retention ponds located in the Lakes of Liberty Mills are for the enjoyment of the residents. Fishing, boating in crafts under 14' propelled by means of muscle with occupants wearing approved flotation devices, and model boating is permitted at the risk of the participant. Swimming or wading is not permitted. The approved activities are only for the residents and guests accompanying a resident.
Section 18. Installation of Improvements. Before any house or building on any Lot in this Subdivision shall be used and occupied as a dwelling or as otherwise provided by the Subdivision restrictions above, the developer or any subsequent Owner of said Lot shall install improvements serving said Lot as provided in said plans and specifications for this Subdivision filed with the County of Allen. This covenant shall run with the land and be enforceable by the County of Allen, State of Indiana or by any aggrieved Lot Owner in this Subdivision.
Section 19. Permits Required. Before any Lot may be used or occupied, such user or occupier shall first obtain from the Allen County Zoning Administrator the Improvement Location permit and Certificate of Occupancy as required by the Allen County Zoning Ordinance.
Section 20. Enforcement Rights. The Association, Maggos Northwest Development, Inc. and any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these covenants and restrictions. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 21. Invalidation. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision, which shall remain in full force and effect.
Section 22. Term of Covenants and Renewals. The covenants and restrictions herein contained shall run with the land and be effective for a term of twenty (20) years from the date these covenants and restrictions are recorded after which they shall automatically be extended for successive periods of ten (10) years; provided these covenants and restrictions may be amended by an instrument signed by not less than 75% of the Lot Owners of The Lakes of Liberty Mills, and provided further, Maggos Northwest Development, Inc., its successors or assigns, shall have the exclusive right for two (2) years from the date of recording of the plat to amend any of the Covenants and Restrictions, except Article VI, Section 2 above, with the approval of the Allen County Plan Commission, but without the need for consent of any of the Lot Owners.
Section 23. No Subdividing of Lots. No Lot or combination of Lots may be further subdivided until approval therefore has been obtained from the Allen County Plan Commission.
Section 24. Sidewalks Any lot owner who builds a house on the following lots: 13-21, 30-38, 58-64, and 80-100 on or after 11/13/2010 is required to install a concrete sidewalk along the length of the front of the lot, or for corner lots, along both street sides, at the lot owners expense within 6 months of initially establishing occupancy unless a written postponement signed by the President is received by the lot owner. Failure to install said sidewalk may result in a lien being placed on the property in the amount of the average of 2 professional sidewalk installation bids for the needed sidewalk(s). Upon receipt of the lien money by the Board following the sale of the property, the Board will oversee said sidewalk installation.
Section 25. Attorney’s Fees and Related Expenses. In the event the Association or Maggos Northwest Development, Inc. shall be successful in any proceeding, whether at law or in equity, brought to enforce any restriction, covenant, limitation, easement, condition, reservation, lien or charge now or hereafter imposed by the Provisions of the Dedication, Protective Restrictions, Covenants, Limitations, Easements and Approvals appended to and made a part of the Dedication and Plat of The Lakes of Liberty Mills, it shall be entitled to recover from the party against whom the proceeding was brought all of the attorney’s fees and related costs and expenses it incurred in such proceeding.
In the event the Association or Maggos Northwest Development, Inc. shall be successful in any proceeding, whether at law or in equity, brought to enforce any restriction, covenant, limitation, easement, condition, reservation, lien or charge now or hereinafter imposed by the provisions of the Dedication, Protective Restrictions, Covenants, Limitations, Easements and Approvals appended to and made a part of the Dedication and Plat of The Lakes of Liberty Mills, it shall be entitled to recover from the party against whom the proceeding was brought all of the attorney’s fees and related costs and expenses it incurred in such proceeding.
Section 26. Development of Seven Acres on Liberty Mills Road. The Subdivision includes approximately 73 acres of land. The approximately seven-acre parcel located to the northwest of the Subdivision, on Liberty Mills Road to the west of the entrance to the Subdivision, is not part of the Subdivision and is not subject to these Covenants.
IN WITNESS WHEREOF, Lakes of Liberty Mills Community Association, a non profit Indiana incorporated entity duly authorized Board of Directors of the real estate described in said plat, has set its hand and seal this 30th day of November, 2008.
This document contains all current known revisions to the original covenant as of 1/23/2017.
LIMITATIONS, EASEMENTS AND APPROVALS APPENDED TO AS
PART OF THE DEDICATION AND PLAT OF
THE LAKES OF LIBERTY MILLS
A SUBDIVISION OF ABOITE TOWNSHIP, ALLEN COUNTY, INDIANA
Maggos Northwest Development, Inc., an Indiana corporation, by Eleftherios Maggos, it’s President, hereby declares that it is the Owner of the real estate shown and described in this plat and does hereby lay off, plat and subdivide said real estate in accordance with the information shown on the final plat, being the certified plat appended hereto and incorporated herein. The subdivision shall be known and designated as The Lakes of Liberty Mills, a subdivision in Aboite Township, Allen County, Indiana (hereinafter referred to as the “Subdivision”).
The Lots are numbered from 1 to 125, inclusive, and all dimensions are shown in feet and decimals of a foot on the plat. All streets and easements specifically shown or described are hereby expressly dedicated to public use for their usual and intended purposes.
ARTICLE I
DEFINITIONS
Section 1. “Association” shall mean and refer to The Lakes of Liberty Mills Community Association, Inc., it’s successors and as signs.
Section 2. “Owner” shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties (as that term is defined herein), including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. “Properties” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners, including, but not limited to, those areas designated on the plat of the Subdivision as detention lakes or ponds, wetlands, park areas, or other designated common areas.
Section 5. “Lot” shall mean either any of said Lots as platted or any tract or tracts of land as conveyed originally or by subsequent Owners, which may consist of one or more Lots or parts of one or more Lots as platted upon which a residence may be erected in accordance with the restrictions hereinabove set out or such further restrictions as may be imposed, by any applicable zoning ordinance, PROVIDED, HOWEVER, no tract of land consisting of part of any one or parts of more than one Lot shall be considered a “Lot” unless said tract of land has a frontage of 70 feet in width at the established building line as shown on this plat.
Section 6. “By-Laws” shall mean the By-Laws as initially adopted by The Lakes of Liberty Mills Community Association, Inc., and all amendments and additions thereto.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners’ Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to the use of the recreational facilities by an Owner for that period during which any assessment against his Lot remains unpaid; and for a period not to exceed 30 days for any infraction of its published rules and regulations after hearing by the Board of Directors of the Association;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility 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 (2/3) of each class of members agreeing to such dedication or transfer has been recorded.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the subject property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. There shall be one membership for contiguous lots utilized by the owner or owners as a single residence. The members of the Association shall be the owners of lots within The Lakes of Liberty Mills in Allen County, Indiana, who shall hold their membership as provided in Article V of the Articles of Incorporation and Article III of the Dedication, Protective Restrictions, Covenants, Limitations, Easements and Approvals (the “Covenants”). There shall be one membership for contiguous lots utilized by the owner or owners as a single residence.
Section 2. The Association shall have the following voting rights:
Members 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 anyone Lot.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and personal Obligation of Assessments. Each Owner of any Lot, excepting Maggos Northwest Development, Inc., 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, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs 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, costs and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of the Lot 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.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be exclusively to promote the recreation, health and welfare of the residents of the Properties and for the improvement and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Two Hundred Seventy Dollars ($270.00) per lot.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 8% above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 8% by the vote or written assent of 51% of each class of members.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of construction, repair, or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote or written assent of 51% of each class of members.
Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Any action authorized under Sections 3 or shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite 51% of each class of members, members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officers of the Association not later than 30 days from the date of such meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or yearly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following conveyance of the Common Area. The first annual assessment shall be prorated according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 8. Effects of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 12% per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments, provided for herein by non-use of the Common Area or abandonment of his Lot. The Association, in addition, will assess a $25.00 per month delinquency fee for an Assessment not paid 60 days after the due date and monthly until dues are paid in full.
Section 9. 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 assessments thereafter becoming due or from the lien thereof.
ARTICLE V
ARCHITECTURAL CONTROL
No building, deck, fence, wall, in ground swimming pool or other structure, including but not limited to swing set, gym set or sand box, shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by the Architectural Control Committee (the “Committee”), such committee to be composed of a board member and up to 2 other members designated by the board of directors. In the event said Board or Committee fails to approve or disapprove such design and location within thirty (30) days after said complete plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been complied with in full. Notwithstanding any other provisions to the contrary in this Article, the Committee shall have the right not to approve construction, or modification in the event construction was approved, of any fence on Lots 1-12, 58-64, 82-87 all inclusive, which, in the Committee’s sole opinion, would create a site obstruction of any lake in the Subdivision.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Single-Family Residential Use. No Lot shall be used except for single-family residential building purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other that one detached single-family dwelling not to exceed two and one-half stories in height. Each house shall include not less that a two-car garage, which shall be built as part of said structure and shall be attached thereto. Each house shall include one yard light, located not less than fifteen (15) feet from the street curb and not less than five (5) feet from the driveway on said lot. No sheds or outbuildings, including penthouses, shall be erected on any lot. The exterior front of the house shall be constructed of wood, brick, stone, or a combination of those materials. Vinyl or other artificial materials shall not be used for the construction of the exterior front. Each house shall include landscaping consisting of at least 10 well-developed shrubberies.
Section 2. Minimum Square Footage. No building shall be built having a ground floor area upon the foundation, exclusive of one-story open porches, breezeways or garages, of less than 1,800 square feet for a one-story dwelling, nor less than 1,350 square feet for a dwelling of more than one-story, nor less than 1,500 square feet for a Cape Cod dwelling. The attached garage shall have a ground floor area of not less than 520 square feet.
No building shall be built having a ground floor area upon the foundation, exclusive of one-story open porches, breezeways or garages, of less than 1,800 square feet for a one-story dwelling, nor less than 1,250 square feet for a dwelling of more than one-story, which multiple-story building shall have total floor area of not less than 2,400 total square feet, nor less than 1,500 square feet for a Cape Cod dwelling. The attached garage shall have a ground floor area of not less than 520 square feet.
No building shall be built having a ground floor area upon the foundation, exclusive of one-story open porches, breezeways or garages, of less than 1,800 square feet for a one-story dwelling, nor less than 1,250 square feet for a dwelling of more than one-story, nor less than 1,650 square feet for a Cape Cod dwelling. All dwellings must have a three-car attached garage. (A applies to Sections III and Section IV only.)
Section 3. Building Location. No building shall be located on any Lot nearer to the front Lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located nearer that a distance of seven (7) feet to an interior Lot or nearer than twenty-five (25) feet to the rear Lot line.
Section 4. Minimum Lot Size. No dwelling shall be erected or placed on any Lot having a width of less than 70 feet at the minimum building setback line, nor shall any dwelling be erected or placed on any Lot having an area of less than 8,400 square feet.
Section 5 (a). Utility Easements. Easements for the installation and maintenance of utilities, cable and drainage facilities are reserved as shown on the recorded plat and over the rear seven (7) feet of each Lot or as shown on the plat. No Owner of any Lot shall erect or grant to any person, firm, corporation, or other entity, the right, license or privilege to erect or use or permit the use of overhead wires, poles or overhead facilities of any kind for electrical, cable, telephone or television service (except such poles and overhead facilities that may be required at those places where distribution facilities enter and leave the Subdivision). Nothing herein shall be construed to prohibit street lighting or ornamental yard lighting serviced by underground wires or cables. Electrical service or cable entrance facilities installed for any house or other structure connecting the same to the electrical distribution system of any electric public utility shall be provided by the Owners of all Lots and shall carry not have less than three (3) wires and have a capacity of not less than 200 amperes. Any public utility charged with the maintenance of any underground installation shall have access to all easements in which said underground installations are located for operation, maintenance and replacement of service connections.
Section 5 (b). Surface Drainage Easements. Surface Drainage Easements and Common Areas used for drainage purposes as shown on the plat are intended for either periodic or occasional use as conductors for the flow of surface water run-off to a suitable outlet, and the land surface shall be constructed and maintained so as to achieve this intention. Such easements shall be maintained in an unobstructed condition and the County Surveyor or a proper public authority having jurisdiction over storm drainage shall have the right to determine if any obstruction exists and to repair and maintain or require such repair and maintenance as shall be reasonably necessary to keep the conductors unobstructed.
Section 5 (c). Flood Protection Grades. In order to minimize potential damage to residences from surface water, minimum flood protection grades are established at 795.0 feet for Lots 1 through and inclusive of Lot 10, and 804.0 feet for Lots 30 and 31. All grades are established based on Mean Sea Level. All residences on such lots shall be constructed so that the minimum elevation of a first floor or the minimum sill elevation of any opening below the first floor equals or exceeds the applicable minimum floor protection grade established in this section.
In order to minimize potential damage to residences from surface water, minimum flood protection grades for the following lots are established at 795.0 feet for Lots 58 through and inclusive of Lot 64; 801.9 feet for Lots 37and 38; 802.04 feet for Lots 39 and 40; and 803.4 feet for lots 46, 47, and 48. All grades are established based on Mean Sea Level. All residences on such lots shall be constructed so that the minimum elevation of a first floor or the minimum sill elevation of any opening below the first floor equals or exceeds the applicable minimum floor protection grade established in this section.
Section 6. No noxious, offensive or illegal activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. The outside burning of leaves or other yard waste, rubbish, or any other matter shall be considered noxious, offensive or illegal activity for purposes of this provision.
Section 7 (a). No structure of a temporary character, trailer, boat trailer, camper or camping trailer, basement, tent, shack, garage, barn or other outbuilding shall be constructed, erected, or located or used on any Lot for any purpose, including use as a residence, either temporarily or permanently; provided, however, that basements may be constructed in connection with the construction and use of any residential building.
Section 7 (b). No boat, boat trailer, recreational vehicle, motor home, truck, camper or any other wheeled vehicle, other than passenger automobiles, shall be permitted to be parked ungaraged on any Lot or on any street in the Subdivision for a continuous period in excess of 48 hours, or for a period of which in the aggregate is in excess of eight (8) days per calendar year. A “truck” is defined for this purpose as one which is rated one-ton or more. No wheeled vehicle of any kind, including automobiles, shall be permitted to be parked on any street in the Subdivision for a continuous period in excess of 48 hours, or for a period, which in the aggregate is in excess of eight (8) days per calendar year.
Section 7 (c). No clothesline or clothes poles, or any other free-standing, semi-permanent or permanent poles, rigs or devices, regardless of purpose, shall be constructed, erected or located or used on any Lot, except that with prior Architectural Control Committee (“Committee”) approval. A pole for displaying the flag of the United States of America is permitted.
Section 7 (d). Metal wall pools are not allowed. No above ground swimming or wading pools of more than 15 feet in diameter shall be placed or maintained on any lot. Above ground swimming or wading pools will not remain filled for more than 6 months total in a calendar year and will only be located in the back of the lot. Hot tubs or Jacuzzis may be permitted only with prior written consent of the Architectural Committee.
Section 7 (e). Basketball goals on freestanding poles (portable or nonportable) shall be permitted subject to the prior written approval of the Committee; however, basketball goals attached to the house or garage shall not be permitted.
Section 8. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one square foot or one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
Section 9. No radio or television antenna shall be attached to the exterior of any dwelling house. No freestanding radio or television antenna shall be permitted on any lot. No television receiving disk larger than 24" will be permitted and those shall be mounted in a way to be least visible from the street and/or common area. No attached or detached solar panels shall be permitted.
Section 10. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot. No derrick or other structure designed for the use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
Section 11. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
Section 12. No Lot shall be used as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. No incinerators or outside incinerators shall be kept or allowed on any Lot.
Section 13. All buildings shall be constructed in a substantial and good workmanlike manner and of new materials. No roll siding, asbestos siding or siding containing asphalt or tar as one of its principal ingredients shall be used in the exterior construction of any building on any Lot of said Subdivision, and no roll roofing of any description or character shall be used on the roof of any dwelling house or attached garage on any of said Lots.
Section 14. All driveways from the street to the garage shall be poured concrete and not less than sixteen (16) feet in width. No driveway access to Liberty Mills Road from Lots 43, 44 and 45 shall be permitted.
Section 15. No individual water supply system or individual sewage disposal system shall be installed, maintained or used on any Lot in this Subdivision.
Section 16. In addition to the utility easements herein designated, easements in the streets, as shown on this plat, are hereby reserved and granted to all public utility companies, the proprietors of the land herein platted and their respective successors and assigns, to install, lay, erect, construct, renew, operate, repair, replace, maintain and remove all and every type of electrical conduit, cable conduit, gas main, water main and sewer main (sanitary and/or storm) with all necessary appliances, subject, nevertheless, to all reasonable requirements of any governmental body having jurisdiction thereof as to maintenance and repair of said streets.
Section 17. No rain and storm water run-off or such things as roof water, street pavement and surface water, caused by natural precipitation, shall at any time be discharged into or permitted to flow into the Sanitary Sewer System, which shall be a separate sewer system from the Storm Water and Surface Water Run-off Sewer System. No sanitary sewage shall at any time be discharged or permitted to flow into the above-mentioned Storm Water Run-off Sewer System.
The retention ponds located in the Lakes of Liberty Mills are for the enjoyment of the residents. Fishing, boating in crafts under 14' propelled by means of muscle with occupants wearing approved flotation devices, and model boating is permitted at the risk of the participant. Swimming or wading is not permitted. The approved activities are only for the residents and guests accompanying a resident.
Section 18. Installation of Improvements. Before any house or building on any Lot in this Subdivision shall be used and occupied as a dwelling or as otherwise provided by the Subdivision restrictions above, the developer or any subsequent Owner of said Lot shall install improvements serving said Lot as provided in said plans and specifications for this Subdivision filed with the County of Allen. This covenant shall run with the land and be enforceable by the County of Allen, State of Indiana or by any aggrieved Lot Owner in this Subdivision.
Section 19. Permits Required. Before any Lot may be used or occupied, such user or occupier shall first obtain from the Allen County Zoning Administrator the Improvement Location permit and Certificate of Occupancy as required by the Allen County Zoning Ordinance.
Section 20. Enforcement Rights. The Association, Maggos Northwest Development, Inc. and any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these covenants and restrictions. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 21. Invalidation. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision, which shall remain in full force and effect.
Section 22. Term of Covenants and Renewals. The covenants and restrictions herein contained shall run with the land and be effective for a term of twenty (20) years from the date these covenants and restrictions are recorded after which they shall automatically be extended for successive periods of ten (10) years; provided these covenants and restrictions may be amended by an instrument signed by not less than 75% of the Lot Owners of The Lakes of Liberty Mills, and provided further, Maggos Northwest Development, Inc., its successors or assigns, shall have the exclusive right for two (2) years from the date of recording of the plat to amend any of the Covenants and Restrictions, except Article VI, Section 2 above, with the approval of the Allen County Plan Commission, but without the need for consent of any of the Lot Owners.
Section 23. No Subdividing of Lots. No Lot or combination of Lots may be further subdivided until approval therefore has been obtained from the Allen County Plan Commission.
Section 24. Sidewalks Any lot owner who builds a house on the following lots: 13-21, 30-38, 58-64, and 80-100 on or after 11/13/2010 is required to install a concrete sidewalk along the length of the front of the lot, or for corner lots, along both street sides, at the lot owners expense within 6 months of initially establishing occupancy unless a written postponement signed by the President is received by the lot owner. Failure to install said sidewalk may result in a lien being placed on the property in the amount of the average of 2 professional sidewalk installation bids for the needed sidewalk(s). Upon receipt of the lien money by the Board following the sale of the property, the Board will oversee said sidewalk installation.
Section 25. Attorney’s Fees and Related Expenses. In the event the Association or Maggos Northwest Development, Inc. shall be successful in any proceeding, whether at law or in equity, brought to enforce any restriction, covenant, limitation, easement, condition, reservation, lien or charge now or hereafter imposed by the Provisions of the Dedication, Protective Restrictions, Covenants, Limitations, Easements and Approvals appended to and made a part of the Dedication and Plat of The Lakes of Liberty Mills, it shall be entitled to recover from the party against whom the proceeding was brought all of the attorney’s fees and related costs and expenses it incurred in such proceeding.
In the event the Association or Maggos Northwest Development, Inc. shall be successful in any proceeding, whether at law or in equity, brought to enforce any restriction, covenant, limitation, easement, condition, reservation, lien or charge now or hereinafter imposed by the provisions of the Dedication, Protective Restrictions, Covenants, Limitations, Easements and Approvals appended to and made a part of the Dedication and Plat of The Lakes of Liberty Mills, it shall be entitled to recover from the party against whom the proceeding was brought all of the attorney’s fees and related costs and expenses it incurred in such proceeding.
Section 26. Development of Seven Acres on Liberty Mills Road. The Subdivision includes approximately 73 acres of land. The approximately seven-acre parcel located to the northwest of the Subdivision, on Liberty Mills Road to the west of the entrance to the Subdivision, is not part of the Subdivision and is not subject to these Covenants.
IN WITNESS WHEREOF, Lakes of Liberty Mills Community Association, a non profit Indiana incorporated entity duly authorized Board of Directors of the real estate described in said plat, has set its hand and seal this 30th day of November, 2008.
This document contains all current known revisions to the original covenant as of 1/23/2017.