Cross-Reference:
Instrument No. 1997-0132858
Instrument No. 1998-0175673
Instrument No. 2000-0049509
Instrument No. 2001-0009611
Amendment and Declarations of Restrictions for GlennWoods, Section One,
Two, Three and Four.
These Amendments to the Declarations of
Restriction for Glennwoods, Section One, Two, Three and Four were made
as of the date of the last signature hereto.
Witnesseth:
Whereas, Section One of the
Glennwoods Subdivision, ( Section One) located in Marion County, Indiana
was established by a certain " Declaration of Restriction for GlennWoods"
(" Declaration") which was recorded September 17,1997 as Instrument
No 1998-0175673 in the Office of the Recorder of Marion County,
Indiana; and
Whereas, Sections Two of
GlennWoods Subdivision, ( "Section Two") located in Marion County,
Indiana was established by a certain " Amendment Declaration of
Restrictions for GlennWoods" ( Amended Declaration") which was recorded
October 09, 1998, as Instrument No. 1998-0175673 in the Office of
the Recorder of Marion County, Indiana; and
Whereas, Section Three of
GlennWoods Subdivision, ("Section Three") located in Marion County,
Indiana was established by a certain "Third Amendment Declaration of
Restrictions for GlennWoods" ( Second Amended Declaration") which was
recorded March 30, 2000, as Instrument No. 2000-0049509 in the
Office of the Recorder of Marion County, Indiana; and
Whereas, Section Four of
GlennWoods Subdivision, ( Section Four") located in Marion County,
Indiana was established by a certain "Third Amended Declaration of
Restrictions for GlennWoods" (" Third Amended Declaration") which was
recorded January 19, 2001, as Instrument No. 2001-0009611 in the
office of the Recorder of Marion County, Indiana; and
Whereas, the Declaration,
Amended Declaration, Second Amended Declaration and Third Declaration
are referred herein collectively as the "Declaration"; and
Whereas, the original developer
of GlennWoods caused to be incorporated under the laws of the State of
Indiana a nonprofit corporation under the name "GlennWoods Homeowners
Association, Inc. ( Association") : and
Whereas, Section 11 of each of
the Declarations provides that they may be amended at any time by an
instrument executed by the Association and at least 75% of the lot
owners, which shall include both existing and proposed sections in
GlennWoods; and
Whereas, the Association and at
least 75% of the lot owners are desirous of amending the Declaration.
Now, Therefore, the undersigned
Association and 75% or more of the Owners of GlennWoods Section One,
Two, Three & Four collectively hereby amend the Declarations pursuant to
the amendments described below:
1. Section 1.A. of each of the
Declaration shall be deleted in its entirety and replaced with the
following;
A. "Committee" shall mean the
GlennWoods Development Committee composed of three or more members
appointed by the Association's Board of Directors and who shall be
subject to removal by said Board of Directors at any time. The members
of the Committee shall be Owner. The Chairperson of the Committee shall
be a member of the Board of Directors. In the alternative, in lieu of
appointing a separate committee, the Board of Directors may serve as the
Board of Directors if it serves as the Committee. Neither the Committee
nor the Board of Directors serving as the Committee shall have the power
to approve anything or matter which is contrary to provisions of the
Declaration.
2. Section 2.B of each of the
Declaration shall be deleted in its entirety and replaced with the
following:
B. Prohibited Improvements.
Above ground pool, antennae, satellite dishes which exceed 39 inches in
diameter, or clothes lines shall not be erected or placed on any lot.
Solar panels any not be erected or placed on the front or side roof of
any home.
3. A new sections 2.D. is hereby
added to each of the Declarations to read as follows:
D. Outbuildings. Outbuildings
shall be allowed subject to certain restrictions as follows:
(i) No outbuilding ( such as a
mini -barn or storage shed) shall not be placed in any area of the lot
except to the rear of the home and must be approved by the Committee as
to size, location, height, and composition before it may be installed.
(ii) No outbuilding shall be
used for any purpose other than storage of normal home maintenance and
upkeep materials or equipment. Storage of any item that may invite an
unhealthy an/or unsightly condition is expressly prohibited.
(iii) No storage of any kind,
temporary or permanent, shall be allowed around, adjacent to, or on the
exterior of buildings or between outbuildings and fences, shrubs, or any
other structure in close proximity to the outbuilding ( including waste
of any kind).
(iv) All outbuildings will be
constructed of wood, maintenance free resin material, or such other
similar material as approved by the Committee.
(v) No outbuildings will be
constructed using steel, metal, or aluminum.
(vi) Outbuildings must not
exceed 100 sq.ft. and not exceed ten feet (10' ) in height, unless
otherwise approved by the committee.
(vii) All outbuildings must be
painted and maintained in a color that matches the home constructed on
the lot. Vinyl siding matching in color to that of the home may also be
used. Shingle color and composition shall match the roof of the home as
close as possible.
(viii) Outbuildings must be
located within the Owner's property lines and not encroach upon any
utility easements and or common area.
(ix) Proposed construction of
all outbuildings must be approved by the Committee prior to
construction.
(x) Future maintenance and
upkeep of outbuilding will be governed by all provisions of the
Declaration, as amended from time to time, including, but not limited
to, Maintenance of Lots and Improvements and Committee Approval, and to
rules and regulations adopted by the Association's Board of Directors.
4. Section 11 of each of the
Declaration shall be deleted in its entirety and replaced with the
following:
11. Amendment.
This declaration may be amended at any
time upon approval by a majority of the lot owners comprising all
Sections of GlennWoods who are in good standing. For purpose of this
provision, "good standing" shall mean lot owners who are no more than 30
days delinquent on the payment of their Annual Assessments or
Special Assessments as determined by the Board at the time of the
aforesaid approval. " Good Standing" shall also mean those lot
owners who are not in violation of any provisioned of this Declaration.
A determination by the Court of Competent jurisdiction that a particular
lot owner is in violation of any provisions of the Declaration shall
constituted conclusive proof that such owner is not in good standing.
Such approval for an amendment to this Declaration may be obtained:
(a) at a meeting of the members
of the Association duly called and held in accordance with the
provisions of the Association's By-Laws; or
(b) pursuant to any other
procedure recognized under Indiana law, including those recognized under
the Indiana Nonprofit Corporations Act of 1991, as amended.
The president and Secretary of the
Association shall execute the amendment, certifying that a majority of
the lot owners comprising all Sections of GlennWoods who are in good
standing approved such amendment. Thereafter, the amendment shall be
filed with the Marion County Recorder.
5. All other provisions of the
Declaration shall remain unchanged.
6. The foregoing amendments
shall run with the land and shall be binding upon all Owners and upon
the parties having or acquiring any right, title or interest, legal or
equitable, in and to the real property or any part or parts thereof
subject to such restrictions, shall inure to the benefit of all
successors in the title to any real estate in the GlennWoods, Sections
One, Two, Three and Four.
7. The undersigned Association
and Owners hereby represent and certify that all requirements for and
conditions precedent to the Amendment to the Declarations have been
fulfilled and satisfied. |