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Springwood Estates Subdivision
Porter County, Indiana
Development is subject to these Covenants and Restrictions to insure
proper use and appropriate development of the subdivision, to protect all
owners against such use as may depreciate the value of the properties, to
guard against the construction of buildings built of improper or unstable
materials, to insure adequate and reasonable development of the
subdivision and the use and enjoyment of the property, and to encourage
the construction of attractive improvements.
These provisions are for the mutual benefit and protection of the
owners, present or future, of the lots in this development.
owners hereby adopt and establish certain covenants, conditions,
restrictions, easements, and servitudes that shall run with all parts of
the Development and shall be binding upon, and inure to the benefit of
Owners and every one of the Owner’s successors in title to any real
estate in the subdivision. The
covenants, conditions, restrictions, easements, and servitudes so adopted
and established are as follows:
Use and Building Type: Each lot shall be used, exclusively, as a site for a
dwelling for private residence purposes by only one family. No structure of a temporary character, including but not
limited to basements, tents, garages, shacks, or other outbuildings shall
be used on any parcel at any time as a residence, either temporary or
Structures: No structure shall he erected, placed, or altered
on any lot until the following have been approved by the Architectural
Control Committee as to quality of workmanship and materials, harmony of
design with existing structures, and as to location with respect to
topography and finish grade elevations:
all construction plans and specifications;
a plat showing the location of the structure or structures on the
lot or lots;
a plat showing the landscape plan.
structure is defined as any building, fence, wall, walk, outdoor light,
deck, swimming pool, driveway or pond.
Lights: Each owner of a lot in the Development shall install a
post-type front yard light at the time a home is constructed upon the lot.
The light must be controlled by an electric eye so that it will be
lighted from dusk to dawn. The Architectural Control Committee must approve all yard
lights and their locations.
Each owner of a lot in the Development shall install
a post-type mailbox at the time a home is constructed upon the lot. The
Architectural Control Committee must approve all mailboxes and their
Landscaping: A landscape plan for any structure must be submitted
before approval to construct any structure will be considered by the
Architectural Control Committee. The
landscape plan for the home should include the normal foundation plan
(front and sides of home) and, in addition, should also show two or more
shade trees to be planted in the front yard.
These two trees must have a trunk diameter of at least two inches
each and be selected from the following species: oak, ash, tulip, locust,
maple or linden.
Other similar species of comparable quality and size are permissible with
prior approval. All front
yards and side yards must be planted with grass, which shall occur within
thirty (30) days of occupancy, weather permitting.
No existing trees within the development can be removed without
express approval from the Architectural Control Committee.
At least 25% of the front exterior of the home shall be masonry.
The Architectural Control Committee through a written application
to them by the building or lot owner may grant a special exception for
reason of incompatibility with the style of the dwelling.
The material used on all structures should be the same or should
harmonize with the material used on the exterior of the residence located
on said lot.
Service: The electrical service entrance facilities installed
for all homes must be 200 AMP or greater.
All electrical service wires to homes must be underground.
Fences: Only rear yard fences are permitted. Sketches of the fence style desired, as well as site
and landscape plans for the fence, must be submitted before approval can
be considered. A 10
foot wide strip across the entire back of the lot must remain unfenced to
serve as a wildlife corridor.
Pools: Both in-ground and above-ground pools are permitted;
however, above ground pools must be attractively concealed from view.
A fence with childproof entry must secure all pools.
Dishes: All satellite dishes (size, color, and location) must be
approved by the Architectural Control Committee.
The Architectural Control Committee may require screening plantings
or other concealment measures.
Preservation: It is the intent of the Property Owners Association
to preserve as much of the natural beauty of the wooded area of our
community as possible. Therefore,
prior to the removal of any trees within any lot of the subdivision all
lot owners with existing trees must submit to the Architectural Control
Committee a "tree location survey" drawn by a licensed land
surveying firm locating all trees with a trunk diameter of more than six
inches (6”) in the general area where the lot owner intends to build
their home and septic system as well as any trees the owner desires to
remove. Before removing any
tree with a trunk diameter of more than six inches (6") written
approval must be obtained from the Architectural Control Committee.
Access & Use: Access to all ponds within
the subdivision is limited to property owners with frontage along the
ponds outer edge. Those property owners with pond frontage shall have
access to the entire pond for fishing regardless of the underlying land
ownership beneath the pond. The
ponds located on lots #18,
#33, and #80 are considered private ponds for the sole use of their
respective lot owners. The Property Owners Association must approve any modification to
the ponds including but not limited to the stocking of fish. The Property
Owners Association shall have the authority to make reasonable rules and
regulations regarding the use of the ponds.
Swimming in all ponds within the subdivision is prohibited.
Time: All external work in the construction of any
building shall be completed within nine months from date of issuance of
building permit. The
Architectural Control Committee may grant an extension of this time limit
for good reason through a written application to the Committee from the
builder or lot owner.
No improvement that has been
partially or totally destroyed by fire shall be allowed to remain in such
state for more than 90 days from the time of such destruction or damage.
driveways or other entrances to any lot in the subdivision from the
dedicated streets in the subdivision shall be paved no later than 30 days
after occupancy. The
Architectural Control Committee for reason of adverse weather conditions
may grant an extension. All
landscaping shown on the initial plans and specifications of the home as
approved by the Architectural Control Committee shall be completed by the
owners within 30 days of occupancy. The
Architectural Control Committee for reason of adverse weather conditions
may grant an extension.
Square Footage Requirement:
The living area of every dwelling house that shall be constructed
on any lot in the Development shall be not less than:
square feet on the main level for a ranch-style home;
square feet per level for Bi-level and split-level homes;
square feet for all other permitted styles.
space does not include basements, garages, patios, porches or decks.
homes shall have an attached garage with space for 2 or more cars.
roof pitches shall be 5/12 or steeper.
A special exception may be granted to maintain architectural
and Swales: It shall be the duty of every owner of every lot on which any
part of an open storm drainage ditch or swale is situated to keep such
portion continuously un-obstructed and in good repair, and to provide for
the installation of such culverts upon said lot as may be reasonably
necessary to accomplish the purposes of this subsection.
If necessary, owners shall install culverts between the road
rights-of-way and their lots in conformity with specifications and
recommendations of the Architectural Control Committee.
of Trash Receptacles: Every outdoor receptacle for ashes, trash, rubbish, or
garbage shall be so placed and kept as not to be visible at any time
except the times when refuse collections are being made.
of Lots and Improvements:
The owner of any lot in the Development shall at all times maintain
the lot and any improvements situated thereon in such a manner as to
prevent the lot or improvements from becoming unsightly, and,
specifically, such owner shall:
Remove all debris or rubbish (both during and after construction);
unnecessary building materials, and piles of fill.
Vacant lots may not be used to store building materials or personal
Keep the exterior of all improvements in such state of repair or
maintenance as to avoid their becoming unsightly.
Keep lot neatly mowed.
Prevent the existence of any other condition that reasonably tends
to detract from or diminish the aesthetic appearance of the Development.
the event an owner of any residential lot in the Development shall fail to
maintain the premises and the improvements situated thereon in a manner
satisfactory to the Developers or Architectural Control Committee, five
(5) days written notice shall be given to the lot owner, and, if the lot
owner shall not have brought said lot into satisfactory condition, such
Developer or Architectural Control Committee shall have the right to
employ a firm to enter upon said lot and to repair, maintain, and restore
the lot and the exterior of the buildings and any other improvements
erected thereon and the lot owner shall be responsible for the cost of
same. This cost may be filed
as a lien upon the property in accordance with the laws of Indiana, and
expenses incurred in collection of the fees, including interest, court
costs, and reasonable attorney fees, shall be billed to such lot owner,
and shall be at the expense of the lot owner.
No activities prohibited, defined as, or held to be a nuisance
under Indiana Law shall be carried on within the Development.
No noxious or offensive activities shall be carried out on any lot
in the Development, nor shall anything be done on any of said lots that
shall be or become an unreasonable annoyance or nuisance to any owner of
another lot in the Development.
Builders may display a sign approved by the Architectural Control
Committee for new homes only. No “for sale” signs of prior occupied homes shall
be displayed in the Development. Other
signs shall be permitted only under prior written approval of the
Architectural Control Committee.
No animals shall be kept in the subdivision, except the usual,
hand-held, and non-dangerous household pets.
No farm animals, including horses and other such animals, shall be
permitted at any time. Pet’s
activities must be confined to the boundaries of the owner’s property.
The Architectural Control Committee shall have the authority to
make reasonable rules and regulations regarding the control of household
pets, including but not limited to the removal of animal waste and the
maximum number of pets which may be housed on a single lot.
Parking: No trucks or
other similar vehicles having a load rating in excess of one ton shall be
permitted to be parked on any of the streets or lots in the subdivision in
excess of four hours, nor shall any currently unlicensed, stripped-down,
partially wrecked, or junk motor vehicle be so parked.
No trailers, boats, motor vehicles or recreational vehicles are
permitted to be stored on any lot for a period of time in excess of two
weeks, unless said personal property is stored in a fully enclosed
building. The Architectural
Control Committee shall have the power to make reasonable rules and
regulations for the enforcement of this restriction.
The use of firearms or archery equipment within the subdivision is
strictly forbidden. No
hunting, target practice, or any other use of firearms or other weapons
shall be allowed.
Burning of Trash: No
owner of any lot in the Development shall burn or permit the burning out
of doors of garbage, trash, leaves, grass clippings, and other like
household or natural refuse.
The Architectural Control Committee is composed of the following
members: Randy Sekerez, Darlene Sekerez, and Sandra Thompson, all from Crown
Point, Indiana. The Committee may designate a representative to act for
Architectural Control Committee can be contacted at:
Architectural Control Committee
Post Office Box 903
Crown Point, Indiana 46307
the event of death or resignation of a member of the Committee, the
remaining members shall have full authority to designate a successor.
Neither the members of the Committee, nor its designated
representative, shall be entitled to any compensation for the services
performed pursuant to these covenants. At any time, the then record owners of a majority of the lots
shall have the power through a duly recorded written instrument to change
the membership of the Committee, or to withdraw from the Committee or
restore to it, any of it's powers and duties.
Committee's approval or disapproval as required in these covenants shall
be in writing. In the event
the Committee, or its designated representative, fails to approve or
disapprove within 30 days after plans and specifications have been
submitted to it, or in any event, if no suit to enjoin the construction
has been commenced prior to the completion thereof, approval will not be
required and the related covenants shall be deemed to have been fully
all lots have been built upon, or at such earlier time as the
Architectural Review Committee deems appropriate, the architectural
control of the subdivision shall be vested with and continued by a simple
majority of the lot owners granting approval thereby turning over complete
architectural control to the property Owners themselves, and the
Architectural Review Committee shall thereupon be relieved and discharged
from all such duties so assigned.
the Developer nor the Architectural Control Committee, nor any member
thereof, shall be liable for any damage, loss or prejudice suffered or
claimed by any owner or contractor who submits such plan on account of (a)
any defects in any plans or specifications submitted, revised, or
approved in accordance with the foregoing provisions; (b) any
structural or other defects in any work done according to such plans and
specifications; (c) the approval or disapproval of any plans, drawings and
specifications, whether or not defective; (d) the construction or
performance of any work, whether or not pursuant to approved plans,
drawing and specifications, and (e) the development of any property within
the subdivision. Any person
submitting plans to the Architectural Control Committee shall hold the
Developer, the Architectural Control Committee, or any member thereof,
harmless from all damage, loss or prejudice suffered or claimed by any
third party including attorneys' fees incurred.
architectural Control Committee, by a two-thirds vote, may make exceptions
to these Restrictive Covenants in event of hardship, provided that said
exception will not be materially detrimental to the Development or the
Process: Each lot owner must submit the following items to the
Architectural Control Committee and receive the Committee's written
approval of these items before construction can begin:
Drawings showing all four elevations.
Floor plan showing square footage.
Site plan showing placement of home on lot and location of
Landscape plan showing foundation plantings and at least two front
yard shade trees (site and landscape plan can be combined).
Masonry sample and color samples for siding, roof, and exterior
covenants are to run with the land and shall be binding on all parties and
all persons claiming under them for a period of twenty-five years from the
date these covenants are recorded, after which time said covenants shall
be automatically extended for successive periods of ten years unless an
instrument signed by a majority of the then owners of the lots has been
recorded, agreeing to change said covenants in whole or in part.
to Enforce: The failure to enforce any of the Covenants herein set
forth as to any violation by the Developer, its agent(s) and/or assignees,
or any property Owner, of any term, condition or covenant contained herein
shall not constitute a continuing waiver or a waiver of any subsequent
breach of the same or different term, condition or covenant herein. Moreover, no such failure to enforce shall entitle any Owner
to claim, sue for, or receive any damages or other payment from developer.
In addition, if Developer is named by any Owner in any legal
action, Developer shall be entitled to recover from said Owner reasonable
attorney fees in defending said action.
Subdividing: Prior to the time that legal title to a lot is first
transferred from the Developer to an Owner, the Developer shall be
permitted to resubdivide or replat said lot and, in addition, shall be
entitled to dedicate additional roadways over and across said lot.
Once the Developer transfers legal title from itself to an Owner,
no further resubdivision shall be permitted and no Lot Owner shall provide
access over and across said lot to any other real estate without the
express written permission of the Developer or its designated
Enforcement: Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any
covenant either to restrain violation or to recover damages.
The developer shall be entitled to recover attorney fees and other
costs and expenses incurred in the enforcement of the provisions of this
agreement from any owner or owners in violation of same.
of any one of these covenants by judgment or court order shall not affect
any of the other provisions which shall remain in full force and effect.
PROPERTY OWNER’S ASSOCIATION, INC.
As soon as is practicable after
Developer causes any area to be subject to these covenants, Developer
shall cause the Springwood Estates Property Owner’s Association, Inc.,
an Indiana not-for-profit corporation, to be formed to which the real
estate designated on the plat as common areas shall be conveyed.
Prior to the appointment of the Board of Directors by the
Developer, responsibility for the control and maintenance of the land
designated on the plat as common areas shall remain the exclusive
responsibility and obligation of the Developer or its designated agents.
of the Association: The purpose of the Association shall be to insure high
standards of maintenance and operation of all property in the development,
including that property reserved by Developer as for the common use of all
residents and owners of property therein and to insure the provision of
any maintenance and promote the desired character of the development. In addition, the
Association shall consider its purpose to manage and support financially
all outlets and common areas, if any.
of Directors: The Association shall have a Board of three (3) directors who
shall constitute the Board of Directors.
The Directors and Officers of the Association shall not be liable
to the Owner for any mistake of judgment or any acts or omissions made in
good faith by such Directors or Officers.
The Owners shall indemnify and hold harmless each of such Directors
or Officers against all contractual liability arising out of contracts
made by such Directors or Officers on behalf of the owners of the
Association, unless any such contracts shall have been made in bad faith
or contrary to the provisions of this Declaration.
and Voting: Each Owner of a Lot in the development shall be a
member of the Association and shall be entitled to cast one (1) vote at
all meetings for each lot that is owned.
and Duties of the Association: The
Board of Directors of the Association shall have all the powers set forth
in its Articles of Incorporation, together with all other powers that
belong to it by law and shall among other things, arrange for the
following services, to the extent such services are not provided by any
own, maintain and otherwise manage any common areas including the mowing
of grass, to remove rubbish from same and to do any other things necessary
or desirable in the judgment of the Officers of the Association.
b. To care for, repair,
replace and maintain all improvements constructed by the Developer upon
the common areas including, but not limited to, landscaping, signs, the
landscaped entranceway island area, and entranceway monument area of the
Until such time as the Board of
Directors is duly elected, all the powers and duties enumerated above
shall be exercised exclusively by the Board of Directors, as appointed by
the Developer. The Developer
at his discretion may appoint lot owners to serve on the Board of
Directors at such time as it deems appropriate.
The first elected Board shall be elected not later than one (1)
year after ninety-five percent (95%) of those lots which have been subject
to the Covenants or are able to be subjected to these Covenants pursuant
to the terms hereof have been sold and title has been conveyed from
Developer to Owner. All lot
owners of record who have been subjected to these Covenants shall be
eligible to vote for said Board. Members
of the first and all subsequent Board of Directors of the Association
shall be nominated and elected pursuant to the By-laws of the Association.
The Developer shall have the
right, at any time in the future, to convey to the Association any areas
which are now or may be in the future, designated as common areas; and the
Association shall accept such conveyance and shall be responsible for the
maintenance thereof after such conveyance.
Each owner of a lot, by acceptance
of a deed or other conveyance from the Developer, its successors or
assignees, is deemed to covenant and agree to pay to the Association
annual assessments or charges and special assessments for capital
improvements and unforeseen expenses, to be collected from time to time as
hereinafter provided in this Declaration, together with the By-laws of the
All assessments levied shall be
for the purpose of insuring the high standards of maintenance and
operation of the property and, in general, to promote the character of the
property. Such purposes and uses of assessments shall include (but are
not limited to) the cost for the Association of all taxes, insurance,
repair, replacement, and maintenance, and other charges by this
Declaration of Covenants, Restrictions and Easements or that the Board of
Directors of the Association shall determine to be necessary or desirable
or meet the primary purpose of the Association.
The regular annual assessment
shall be determined by the affirmative vote of two-thirds (2/3) of the
Board of Directors of the Association.
Special Assessments may be levied
by the Association to defray the expense, in whole or in part, of any
capital improvement or unforeseen expenses.
Such capital improvements shall include the construction,
reconstruction, or unexpected repair or replacement of any capital
improvements on the property or as may be required pursuant to this
Whenever the Board of Directors
shall determine there exists a need for levying a special assessment as
herein provided, the Board of Directors shall adopt a resolution setting
forth the need, amount, period of payment and due date or dates for the
proposed special assessment. All
special assessments must be approved by a two-thirds (2/3) vote of the
voting members of the Association. Such
vote shall be taken at a meeting called by the Board of Directors for that
Each lot owner, by acceptance of
its deed or recorded contract of sale, or subsequent consent to this
Declaration, is deemed to covenant and agree to pay these Assessments. All such Assessments, together with interest at the rate of
twelve percent (12%) per annum, costs and reasonable attorney fees shall
be a charge on the land and shall be a continuing lien upon the lot
against which the Assessment is made.
Each Assessment, together with
interest, costs and reasonable attorney’s fees, shall also be the
personal obligation of owners of such lots at the time the Assessment is
made, and his or her grantee shall be jointly and severally liable for
such portion thereof as may be due and payable at the time of conveyance
to the extent expressly assumed, except no first Mortgagee who obtains
title to the lot pursuant to the remedies provided in the Mortgage shall
be liable for unpaid Assessments which accrued prior to such acquisition
of title. Assessments shall
be paid in such a manner, in such amount, and on such dates as may be
fixed by the Association, without limitation that any Assessment shall be
paid in one (1) installment.
Porter County is hereby declared
to be a third-party beneficiary of the terms and provisions of this
Section, and shall have the right to enforce the provisions of this
Section by specific performance and/or by any other means available at law
or in equity, and the Developer, on behalf of itself and its successor and
assigns do hereby waive any and all defenses to such enforcement rights.
In addition to the foregoing, Developer hereby submits the
Properties to the jurisdiction of the County, and the County may, in
addition to the foregoing, adopt such ordinances, regulations and
resolutions as deemed by it to be appropriate to facilitate the
enforcement of those provisions of this Section.
Enforcement: The Property Owner’s Association shall have the right to
levy and collect reasonable fines for the violation of these covenants;
provided, however, that any one violation shall not exceed One Hundred
Dollars ($100.00) per day, and each day that such a violation shall
continue shall be considered as a separate offense.
Said fines for violations of these covenants shall be a lien in
favor of the Association upon the lot whereon said violation occurs or
upon the lot owned by the violator of said covenants, which lien shall be
enforced in the same manner as is provided in the mechanic’s lien
statues of the State of Indiana. Costs
of filing and prosecuting such liens and attorney’s fees for preparation
and prosecution thereof shall be paid by the property owner in violation
and may be included in the lien filed against such property as set forth
in these covenants.
Articles may be amended at any time by written consent of two-thirds (2/3)
of the members of the Association evidenced by an agreement or agreements
for that purpose duly executed and acknowledged by such members and
recorded in the Office of the Recorder of Porter County, Indiana.
Powers: Until such time as the Association and the Board
provided for in this Declaration is formed, the Developer shall exercise
any of the powers, rights, duties and functions of the Board.
Force and Effect: All Owners hereby covenant and
agree that in the event the Association herein provided for shall be
dissolved, all restrictions and obligations created herein shall remain in
full force and effect.